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HomeMy WebLinkAboutAgenda Packet City Council - 11/16/2004CITY COUNCIL AGENDA NOVEMBER 16, 2004 Corpus Ch risti Ail-America City 11:45 A.M. - ProdamalJon dedadng November 20 - December 17, 2004 as 'Madne Corps Reserve Toys [or Tots Month' Prociamatlon decdadng November 21-28, 2004 as 'NationaJ Bible Week' Presentation by Dr. Rlcardo Romo, Pr'eside~t oi' ~he Universib/ol Texas Son Antonio (UTSA) promoting Ute value of higher education Prasentatlon by Dr. Jim Neadham, TAMUCC, oi' Ute Uni[ed States Environmental Protes[ion Agency Gull= ol= Mexico Program 'Gulf Guardian Award" in the Partnership Category I=(x' Ute Oil and Oily Bilge Water Recovery Units Parlnership between area marinas and harbors and Ute TAMUCC Or'rice ol= Community Outreach to Ute Ci[y 'At Your Service Award", City Staff Resognith~n AGENDA cl'r-¥ OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD NOVEMBER 16, 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. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m_ or at the end of the Counc~ Meeting. whichever is earlier. Please speak Into the microphone located et the podium and state your name and addres~. ¥our presentation will be limited to three minutes. If you have a petition or other informafion pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilie y tree que su ingl~s es limitado, habr~ un intOrprete ingl~s-espaF~ol on todas las juntas del Concilio para ayudarfe. Persons with disabtli~es who plan to attend this meeting and who may need auxiliary aids or services era requested to contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that approprfate arrangements can be mede. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Pastor Roger Carpentar, Solid Rock United Pentecostal Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Arrnando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal. Jr. Mayor Pro Tem Jesse Noyola Council Membem: Brant Chesney Javier Colmenero Melody Cooper Henry Garrett Bill Kelly Rex Kinnison Mark Scott City Manager George K. Noe City Attomey Mary Kay Fischer City Secretary Armando Chapa __ Agenda Regular Council Meeting November 16, 2004 Page 2 E. MINUTES: Approval of Regular Meeting of November 9, 2004 and Special Council Meeting of November 10, 2004. (Attachmenl # 1) F. BOARDS & COMMI'I-rEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items ara listed as rnotions, resolutions, or ordinances_ If deemed appropdate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure mtherthan a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herain for reconsideration and action on any reconsidered item. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative natura. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting_ All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, In which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requirfng separate discussion have been acted upon. The ramaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Motion approving a supply agreement with Hughes Supply, Inc., San Antonio, Texas for approximately 1,189 cast iron foundry items in accordance with Bid Invitation No. BI-0017-05 based on Iow bid for an estimated six month expenditure of $41,709.17. The term of the supply agreement will be for six months with an option to extend for up to four additional six-month periods subject to the approval of the supplier and the City Manager or his CITY COUNCIL PRIORFr~ ISSUES (Re~er I~ legend ;t ~e e~l o~ ~e ageflda summary) Agenda Regular Council Meeting November 16, 2004 Page 3 designee. These items will be purchased into Warehouse Inventory and used by the Water, Wastewater, and Park Maintenance Departments. Funds have been budgeted in FY 2004-2005_ (Attachment# 2) Motion approving the purchase of one Chevrolet suburban from Lawrence Marshall Chevrolet, Hempstead, Texas for the total amount of $27, 113_ The award is based on the Cooperative Purchasing Agreement with the Houston Galveston Area Council of Govemments (HGAC). The vehicle is a replacement for the Aviation Department. Funding is available from the FY 2004- 2005 Capital Outlay Budget in the Aviation Fund. (Attachment # 3) Motion approving a supply agreement for dumpster route service in accordance with Bid Invitation No. BI -0126-04 with Browning Ferris Industries (BFI) Waste Services of Texas, L.P., Corpus Christi, Texas based on only bid for an estimated annual expenditure of $60,551.04. The term of the contract will be twelve months with 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. This service will be utilized at thirty-eight different City facilities. Funds have been budgeted in FY 2004-2005 by the using departments. (Attachment # 4) Motion authorizing the City Manager or his designee to accept a grant in the amount of $13,299 from the State of Texas, Criminal Justice Division for Year 5 funding for the Computer Forensics Specialist grant and to execute all related documents_ (Attachment # 5) Ordinance appropriating $13,299 from the State of Texas, Criminal Justice Division in the No. 1064 Police Grants Fund for Year 5 funding for the Computer Forensics Specialist grant and transferring $45,977 from the No. 1020 General Fund and appropriating it in the No. 1061 Police Grant Fund as grant matching funds. (Attachment # 5) CITY COUNCIL PRIORITY ISSUES (Rel'er Io legend at Ihe end oi' the age~la summary) Agenda Regular Council Meeting November 16, 2004 Page 4 6-5. Resolution authorizing the City Manager or his designee to accept a grant from the Texas Parks and Wildlife Department in the amount of $11,952 for a portable sanitary pumpout system at Corpus Chdsfi Municipal Madna, with a City match of $3,984 in the No. 4700 Madna Fund, and a total project cost of $15,936. (Attachment # 6) Ordinance appropriating $11,952 from the Texas Parks and Wildlife Department in the No. 1058 Marina Grants Fund for a portable sanitary pumpout system at Corpus Chdsti Municipal Marina. (Attachment # 6) Resolution authorizing the City Manager or his designee to accept an additional Title V grant from the Texas Department o[ Health in the amount of $243,359 for family health and family planning services. (Attachment # 7) Ordinance appropriating an additional grant in the amount of $243,359 in the No. 1066 Health Grants Fund from the Texas Department of Health for Title V Family Health and Family Planning Services. (Attachment # 7) Ordinance appropriating additional revenue in the amount of $45,000 from the Women, Infants and Children (WIC) Program in the No. 1066 Health Grants Fund for continuation of the WIC Program. (Attachment# 8) Ordinance appropriating $3,920,900 from the unappropriated claim settlement from City Hall Capital Improvement Project Fund No. 3160 for the City Hall Renovation Phase 2 Project; amending Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $3,920,900_ (Attachment # 9) Motion authodTJng the City Manager or his designee to execute a consl3'uction contract with Barcom Commercial, Inc., of Corpus Christi, Texas in the amount of $3,524,900 for the City Hall Renovation Phase 2 Project. (Attachment # 9) CITY COUNCIL PRIORITY ISSUES (Reft' t~ legend at I~e end ¢~ the ageada sum~.ary) Agenda Regular Council Meeting November 16, 2004 Page 5 10. 11. 12. 13. 14. Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the architectural contract for enhanced construction phase management services with Dykema Architects, Inc., of Corpus Chdsti, Texas in an amount not to exceed $39,500 for City Hall Renovation Phase 2 Project. (Attachment # 9) Motion authorizing the City Manager or his designee to execute a Geotechnical Services Agreement with Trinity Engineedng/Kleinfelder, Inc., of Waco, Texas in an estimated amount not to exceed $136,225 for the J.C. Elliott Landfill Groundwater Monitoring and Sampling - 2004 and 2005. (Attachment # 10) Motion authorizing the City Manager or his designee to execute an Aide to Construction Agreement for Port Avenue Street Light Installation (Sam Rankin to Tancahua) with Amedcan Electdc Power in an amount not to exceed $47,720 for Port Avenue Street Light Installation (Sam Rankin to Tancahua). (Attachment # 11 ) Motion authorizing the City Manager or his designee to execute an Engineering Materials Inspection, Testing and Laboratory Conbact with Fugro Consultants, L.P., of Corpus Chdsti, Texas in the amount of $65,940 for the Seawall Reconstruction Project Contract C - Peoples Street to Coopers Alley (Madna Reach). (Attachment # 12) Motion authorizing the Ci~, Manager or his designee to execute an Advanced Funding Agreement with the Texas Department of Transportation in the amount of $0 for the McKinTJe Road Widening project. (Attachment # 13) Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the construction contract with R. M. Wright Construction, of E1 Paso, Texas in the amount ol~ $402,887.83 for the Oso Water Reclamation Plant 30-inch Force Main from Lift Station No. 2 to Bar Screen. (Attachment # 14) CITY COUNCIL PRIORITY ISSUES (Refer ~3 legend al Ihe e~l oHhe agenda sum~a~) Agenda Regular Council Meeting November 16, 2004 Page 6 15. 16. 17. 18. 19. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the contract with Halff Associates, Inc. of Austin, Texas in the amount of $44,500 for a total restated fee of $164,873 to the Park and Recreation Master and Open Space Plan project for the inclusion of the Cole Park Master Plan. (Attachment # 15) Motion authorizing the City Manager or his designee to execute Amendment No. 16 with MEI Maverick Engineering of Corpus Christi, Texas for a total lee not to exceed $39,044,for a total restated fee of $1,378,811 for the Antelope Street and Salt Flats Area 36-inclV48-inch Wastewater Gravity Interceptor Project. (Attachment # 16) Motion authorizing the City Manager or his designee to purchase a ten (10) processor based perpetual Oracle Database Enterprise Edition license with twelve-month software update and product support from MY'THICS of Virginia Beach, Virginia in the amount of $258,009.60. MYTHICS is an approved Texas Department of Information Resources vendor. (Attachment # 17) Second Reading Ordinance - Amending the City Code of Ordinances, City of Corpus Chdsti, Chapter 17, Finance and Taxation, Section 17-1.2, Service Charge for Returned Checks, by increasing said fee from $25.00 to $30.00; providing for an effective date of December 1, 2004. (First Reading 11/9/04) (Attachment # 18) Second Reading Ordinance -Amending the Code of Ordinances, Section 53-254, Schedule V, Increase of state speed limit in certain zones, by establishing a school zone on Kostoryz Road: (Attachment # 19) A 25 mile per hour school speed zone on Kostoryz Road, when lights are flashing, for a distance of 400 feet, from a point 200 feet north of the centedine of Masterson Drive to 200 feet south of the centedine of Masterson Ddve; and providing for penalties. (First Reading 11/9/04) CITY COUNCIl.. PRIORITY ISSUES (Reft' to legend at the end of ~'m age~:~a s~mmary) Agenda Regular Council Meeting November16,2004 Page 7 20. 21. PUBLIC HEARINGS: TEXT AMENDMENT: An ordinance amending Section 3-1.55 of the Zoning Ordinance to include window signs within the definition of a sign. (Attachment # 20) Planning Commission and Staff's Recommendation: Approval of the zoning ordinance text amendment to the sign definition. ORDINANCE First Reading Ordinance - Amending the Zoning Ordinance by amending Section 3-1.55, Sign, by revising the definition of a sign to no longer exclude a device or structure located within a building. ZONING CASES: Case No. 0804-04, JJS&A Limited One Partnership (Jack Tucker, Limited Partner): A change of zoning from a =B-4" General Business District to an 'A-lA" Aparl. ment House District with a PUD-2 Planned Unit Development. The property is in Flour Bluff and Encinal Farm and Garden Tracts, Section 6, being 8.08 acres out of Lots 23 and 24, located 130 feet west of South Staples Street and 425 feet south of Yorktown Road. (Attachment # 21 ) Planning Commission and Staffs Recommendation: Approval of the 'A-lA" Apartment House District with a PUD-2 Planned Unit Development. ORDINANCE Amending the Zoning Ordinance, upon application by JJS&A Limited One Partnership (Jack Tucker, Limited Partner) by changing the zoning map in reference to 8.08 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 6, Lots 23 and 24, from 'B-4" General Business District to 'A-lA" Apartment House District with a PUD-2 Planned Unit Development District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. CITY COUNCIL PRIORITY ISSUES (Relar ~ lege~:l at Ifle end o~ Ifle age~da summ~ry) Agenda Regular Council Meeting November 16, 2004 Page 8 22. 23. Case No. 1004-01. HenrvTucker: A change of zoning h'om a 'F- R" Farm-Rural District and "R-lB" One-family Dwelling District to a 'R-lB" One-family Dwelling District. The property is in Flour Bluff and Encinal Farm and Garden Tracts, Section 26, being 153.51 acres out of Lots 16, 17, 18, 19, 28, 29, 30, and 31, located east of Rodd Field Road, north of Slough Road, and south of County Road 26-A (Brooks Road). (Attachment # 22) Planning Commission and Staffs Recommendation: Approval of the "R-1 B" One-family Dwelling District. ORDINANCE Amending the Zoning Ordinance, upon application by Henry Tucker by changing the zoning map in reference to 153.51 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 26, Lots 16, 17, 18, 19, 28, 29, 30, and 31, from "F-R" Farm Rural Dlstdct and "R-lB" One-family Dwelling Distdct to "R-lB' One- family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 1004-02, Atascosa Land and Cattle, Ltd,: A change of zoning from a "R-lB" One-family Dwelling District to a 'B-l" Neighborhood Business District. The property is in Bass Subdivision, Block 28, Tract N, and a portion of Tract M, located north of Saratoga Boulevard and 1,200 feet east of Airline Road_ (Attachment # 23) Plannin(3 Commission and Staff's Recommendation: Approval of the "B-I' Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Atascosa Land and Carde, Ltd. by changing the zoning map in reference to Bass Subdivision, Block 28, Tract N, and a portion of Tract M, from "R-lB' One-family Dwelling District to "B-l" Neighborhood Business District; amending the comprehensive Plan to account for any devlalJons from the existing Comprehensive Plan. CITY COUNCIL PRIORITY ISSUES (Re~m' I~ legend a~[ Ihe end 0f Ihe Agenda Regular Coundl Meeting November16,2004 Page 9 ;)4. 25. Case No. 1004-03. Esperanza Garza and Gall Seal: A change of zoning from a "R-lB" One-family Dwelling District and "AB" Professional Office District to a "B-l" Neighborhood Business District. The property is in Alameda Park. Block 6, Lots 1,2, and 36, located east of Everhart Road and south of Avalon Street. (Attachment # 24) Planninq Commission and Staff's Recommendation: Approval of the "B-1" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Esperanza Garza and Gall Seal by changing the zoning map in reference to Alameda Park, Block 6, Lets 1,2. and 36, from "R-lB" One-family Dwelling District and 'AB" Professional Office District to "B-l" Neighborhood Business District; amending the Comprehensive Plan to accz)unt for any deviations from the existing Comprehensive Plan. Case No, 1004-05, WH & BH, Ltd., Wm. H. Holms. Jr.: A change of zoning from a "R-lB" One-family Dwelling Distdct to a "B-4" General Business District. The property is in Broadmoor Park No. 2 Extension, Block C, Lois 6 and 7, located east of Sadta Street and north of South Port Avenue. (Attachment # 25) Plannin(] Commission and Staff's Recommendation: Denial of the 'B-4" General Business District and in lieu thereof, approval of a 'R-lB' One-family Dwelling District with a Special Permit, subject lo six (6) conditions. ORDINANCE Amending the Zoning Ordinance, upon application byWH & BH, Lid., and Wm. H. Holmes, Jr. by changing the zoning map in reference lo Broadmoor Park No. 2 Extension, Block C, Lots 6 and 7 from "R-lB' One-family Dwelling District to "R-lB" One- family Dwelling District with a Special Permit subject to six (6) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. CITY COUNCIL PRIORI'FY ISSUES (Rear Io legend at U~e e~d 0f ~ agenda summary) Agenda Regular Council Meeting November16,2004 Page10 PRESENTATIONS: Public comment will not be solicited on Presentation items. 26. Update on the design, implementation and evaluation of the W~reless Fidelity (WiFi) and Automated Meter Reading (AMR) pilot projects. (Attachment # 26) 27_ Bond Issue 2004 Draft Timeline. (Attachment fi- 27) 28. Presentation on the status of the 2002 Animal Care Action Plan. (Attachment # 28) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 29. First Reading Ordinance - Amending the Cede of Ordinances, Chapter 6, Animal Control~by renaming the chapter;, redesignating existing Articles III, IV, V, and VI as Articles, V, VI, VII, and VIII, respectively; creating new Articles Ill and IV; renaming Articles I and II, redesignating certain sections; revising the language of the chapter, providing for penalties_ (Attachment fi. 29) 30. Resolution endorsing the recommended FY 2006-2008 Transportation Improvement Program of the Metropolitan Planning Organization. (Attachment # 30) 31.a. Resolution authorizing the City Manager or his designee to submit a request to the United States Department of Housing and Urban Development (HUD) to expand the Renewal Community to include Census Tracts 5, 7, 13, 35, and 50 in order to foster investment and economic development within the Census Tracts. (Attachment # 31 ) 31.b. Resolution adopting the Corpus Chdsti Commercial Revitalization Local Strategic Plan. (Attachment # 31) 31.c. Resolution nominating projects to the Office of the Governor for Renewal Community Commercial Revitalization Deductions. (Attachment # 31) CITY COUNCIL PRIORITY ISSUES (ReTe~ tD le~ncl at I~ end ot' I~e agenda summary) Agenda Regular Council Meeting November 16, 2004 Page 11 31 .d. 31.e. 32. 33.a. 33.b. Resolution amending the Guidelines and Cdteda for Granting Tax Abatement regarding Renewal Community Facilities. (Attachment # 31 ) Resolution authodzJng the City Manager or his designee to execute an agreement with Lofty Developments, Ltd. providing for temporary property tax abatement. (Attachment # 31) Resolution adopting the City of Corpus Chdsti's Legislative Program for the Seventy-Ninth Legislative Session for the State of Texas. (Attachment #32) Motion to amend ordinance amending Chapter 49 pdor to second reading to require notice of potentially harmful environmental conditions in City rights-of-way, to require notice or' intent to file institutional controls in deed records, and to provide conditions for filing of institutional controls. (Attachment # 33) Second Reading Ordinance -Amending Chapter 49 of the City of Corpus Chdsti Code of Ordinances by adopting new Article VII and amending Article IV, Section 49, relating to the requirement that all pipelines in the City rights-of-way and in City-owned property be licensed or otherwise authorized by the City; establishing procedures for the application for and granting of licenses; establishing the charges for the use of City rights-of-way and City-owned property by authorized and unauthorized pipelines; providing for protection of City rights-of-way and City- owned properties and interests; reserving the City's claims for prior occupation o1" public property by pipelines; providing for related matters; and other provisions related to the subject matter of this ordinance; providing an effective date; providing for penallJes; providing for reservation of civil remedies. (First Reading 10/12/04) (TABLED ON NOVEMBER 9, 2004) (Attachment # 33) SPECIAL CONSIDERATION ITEM: Consideration of an appeal by NuPAC, Inc. from the Corpus Chdsfi Cable Communications Commission's decision to decerlt[y NuPAC, Inc. as the Channel 10 Public Access User Group. {TABLED ON OCTOBER 26, 2004) (Attachment # 34) CITY COUNCIL PRIORITY ISSUES (Re,'er b3 lege~:l at ~e eed of Ihe age~da summary) Agenda Regular Council Meeting November16.2004 Page 12 35_a. 35.b. Ordinance appropriating $7,000 annual granl provided by cable operators in the General Fund reserve for access studio equipment and facilities. (Attachment # 35) Motion aulhodzing the City Manager or his designee lo execuIe a conIract with Corpus Christi Coalition of Public Access Producem for a 12-month period with a renewal option of one additional one-year period, ID manage a public access studio With City provided equipment for use by public access producers for an annual grant of $7,000 for equipment and facilities. (Attachment # 35) PUBLIC COMMENT FROM THE AUDIENCE ON MA'I-rERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING. W~rlICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; ~herefore, please speak Inlo the microphone located at ~he podium and state your name and address. If you have a pe~k~n or other Information perfalning to your subject, please present it to the City Secretary_) Si usted se dirige a la junta y cree que su ingkJs es Iimitado, habr~ un int&rprete ingl~s-espal~o/ en la munk~n de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S RRST AMENDMENT RIGHTS. EXECUTIVE SESSION: PUBLIC NOTICE is gh/en that the C/~ Counc/I may e/ect to go into executive session at any time during the meeting In orcler to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Govemrnent 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 CITY COUNCIL PRIORITY ISSUES (Refer ~ le,ge~d at agenda Agenda Regular Coundl Meeting November16,2004 Page13 36_ O= 37. 38. 39_ P. into executive session regarding an agenda item, the sec"gon or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Executive session under Texas Government Code Section 551.071 regarding Cause No. C-O4-94, Deborah J. Golder, et al v. City of Corpus Chdsti, et al, in the United States Distdct Court for the Southern Distdct of Texas, with possible discussion and action related thereto in open session. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent con(ems; current topics raised by media; follow-up on Staff assignments; scheduling of fu'ture Council meet/rigs and act/v~'es; and other brief discusslons regarding city-related matters. CITY MANAGER'S REPORT * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS ADJOURNMENT: POSTING STATEMENT: This age~da was posted on the City's offici~ll bulletin board at ~he ~ont efllTance Io City Hall, 1201Leopard Sb'eet, at ,~:/.-~5' p.m.. ~0~./. I~ ,2004. City Secretary CITY COUNCIL PRIORITY ISSUES (Re~*' lo le,~end at IJle end of U~e agef~da summa-y) Agenda Regular Council Meeting November 16. 2004 Page 14 NOTE: The City Council Agenda can be found on the City's Home Page at www,cctexas.com after 7:00 p.m. on the FHday 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 pHortty Issues. CITY COUNCIL PRIORITY ISSUES (Re~'m' to lege~l at the end o~ the age~da SLmx'na~) 1 MINUTIES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 9, 2004 - 10:05 a.m. PRESENT Mayor Samuel L. Neal Jr, Mayor Pro Tern Jesse Noyola Council Members: Javier Colmenero Brent Chesney Melody Cooper Henry Garrett Bill Kelly Rex Kirmison 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 Mayor Neal and the Pledge of Allegiance to the United States flag was led by Council Member Colmenero. 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 Ne. al called for approval of the minutes of the regular Council meeting of October 26, 2004. A motion was made and passed to approve the minutes as presented. Mayor Neal and the Council presented S tate Representative Vilma Luna with the 2003-2004 Distinguished Legislative Service Award on behalf of the Texas Municipal League. Mayor Neal referred to Item 2 and the following board appointments were made: (NOTE - Mr. Chesney announced he would be abstaining fi-om the vote and discussion on the Landmark Commission appointments) Citizens Advisory Health Board Michelle Thomas (Reappointed) Melissa Wilson (Appointed) Dr. Stephen Ponder (Appointed) Library Board Yvonne Klyslra (Reappointed) Dr. A.N_M. Waheedl177.ql]'lan (Reappointed) Mary C. Christmas (Appointed) Convention and Visitors Bureau J.J. Gottsch (Appointed) Landmark Commission Thomas Kreneck (Reappointed) David Brown (Reappointed) Susan Abarca (Reappointed) Nita Selby (Appointed) Michelle Geiger (Appointed) Weed and Seed Advisory Committee Peggy Beasley (Reappointed) Juan Me. ave (Reappointed) Minutes - Regular Council Meeting November 9,2004 - Page 2 Mayor Neal called for consideration of the consent agenda (Items 3 - 23). City Secretary Chapa announced that Council Member Noyola was abstaining from the vote and discussion on Items 12 and 23, and Council Member Kelly was abstaining from the vote and discussion on Items 15, 16, and 17_ Mr. Bill Kopecky, 3609 Topeka, requested that Item 15 be discussed. Council members requested that Items 12 and 20 be discussed. A motion was made and passed to approve Items 3 through 23, constituting the consent agenda, except for Items 12, 15, and 23, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: MOTION NO. 2004-399 Motion approving a supply agreement with Quadrant Productions, Corpus Christi, Texas for Video Productions Services, in accordance with Request for Proposal No_ BI-0087-04, for an estimated annual expenditure of $30,000. The term of the contract is for twelve months with options to extend for up to two additional twelve-month periods subject to the approval of the contractor and the City Manager or his designee. This service will be utilized by the Public Information Department. 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. 2004400 Motion approving a supply agreement with Alpha Building Services, Corpus Christi, Texas for custodial service for the main police building in accordance with Bid Invitation No. BI- 0073-04, based on most advantageous bid for an estimated annual expenditure of $65,503.20. The term of the contract is 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 have been budgeted by the Police Department in FY 2004- 2005. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kmmson, Noyola and Scott, voting Aye _ Minutes - Regular Council Meeting November 9,2004 - Page 3 MOTION NO. 2004-401 Motion approving a supply agreement with the following companies for the following mounts for mowing of Water Production Facilities in accordance with Bid Invitation No_ BI-0005-05 based on Iow bid for an estimated annual expenditure of $151,296. The term of the contracts will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the contractors and the City Manager or his designee. Funds have been budgeted by the Water Department in FY 2004-2005. Laguna Services, Inc. Corpus Christi, Texas Group I $61206 Sierra Services Sinton. Texas Group II $90,090 Grand Total: $151,296 The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garret% Kelly, Kinnison, Noyola and Scott, voting "Aye". MOTION NO. 2004-402 Motion approving a supply a~eement with Martin Marietta Materials, Corpus Christi, Texas for Flexible Base Caliche in accordance with Bid Invitation No. BI-0002-05, based on low bid for a total mount of $212,250. The term of the contract will 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. 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. 2004-403 Motion approving the purchase of 450 pistols and accessories fi.om the following companies for the following amounts in accordance with Bid Invitation No. BI-0015-05, based on low bid for a total amount of $266,955.02. The equipment will be issued to police officers of the Corpus Christi Police Department. Funds are available in the Police Law Enforcement Trust Fund. OMB Police Supply Lcnexa~ Kansas $191,000 GT Distributors, Inc. Austin. Texas $75,955.02 Grand Total: $266,955.02 The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Gan'ett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting November 9,2004 - Page 4 8.a. MOTION NO. 2004-404 Motion authorizing the City Manager or his designee to enter into an Interlocal Agreement between the City of Corpus Christi Police Department and the City of Dallas Intemet Crimes Against Children Task Force under the Intemet Crimes Against Children (ICAC) Task Force Program, United States Department of Justice, and to execute all related documents. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 8.b. ORDINANCE NO. 026009 Ordinance appropriating $25,000 fi.om the City of Dallas in the No. 1061 Police Grants Fund for the Intemet Crimes Against Children (ICAC) Task Force Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Gan'ett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 9.a. RESOLUTION NO. 026010 Resolution authorizing the City Manager or Ms designee to accept a grant fi.om the Texas Commission of the Arts in the amount of $2,296 in the No_ 1067 Federal/State Grants Fund to be used for the Corpus Christi Festival of the Arts 2004. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, GarretL Kelly, Kinnison, Noyola and Scott, voting "Aye". 9_b. ORDINANCE NO, 026011 Ordinance appropriating a grant fi.om the Texas Commission of the Arts in the amount of $2,296 in the No. 1067 Federal/State Grants Fund for the Corpus Christi Festival of the Arts 2004. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Cohnenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 10_a. RESOLUTION NO. 026012 Resolution authorizing the City Manager or his designee to accept $27,322 fi.om a Texas Commission on Environmental Quality Pre-Approved Expenditure Grant in the No. 1071 Grant Fund to provide funding for Mitigation Measures at the old Regional Transportation Authority facility, 1024 Sam Rankin. The foregoing resolution was passed and approved with the following vote: Ne, al, Cbeaney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting November 9,2004 - Page 5 10.b. ORDINANCE NO. 026013 Ordinance appropriating $27,322 from a Texas Commission on Environmental Quality pre- approved expenditure grant in the No. 1071 Grant Fund to provide funding for Mitigation Measures at the old Regional Transportation Authority Facility, 1024 Sam Rankin. 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". 10.c. MOTIONNO. 2004 405 Motion authorizing the City Manager or his designee to execute Amendment No. 11 with Delta Environmental, Inc., of Corpus Christi, Texas in the amount of $28,122 for Mitigation Services associated with a removed underground fuel storage tank at the old Regional Transportation Authority Facility, 1024 Sam Rankin. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garreth Kelly, Kinnison, Noyola and Scott, voting "Aye". 1 l_a. MOTION NO, 2004406 Motion authorizing the City Manager or his designee to execute a contract with the Center for Coastal Studies, Texas A&M University - Corpus Christi not to exceed $111,000 for Ammonia and Biological Morfitoring associated with the Rincon Bayou Diversion Project 2004-2005. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 11.b. MOTION NO, 2004407 Motion authorizing the City Manager or his designee to execute a contract with the Division of Nearshore Research, Texas A&M University - Corpus Christi not to exceed $104,550 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2004-2005. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting November 9,2004 - Page 6 1 l.c. MOTION NO. 2004-408 13_ Motion authorizing the City Manager or his designee to execute a cona'act with the University of Texas Marine Sciences Institute in an amount not to exceed $228,296 for Biological Monitoring Services associated with the Rincon Bayou Diversion Project 2004- 2005. The foregoing motion was passed and approved with the follow/ng vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"_ MOTION NO_ 2004-410 Motion authorizing the City Manager or his designee to execute Change Order No_ 3 to the contract with Garver Construction, Ltd., of Houston, Texas in the amount of $290,357.69 for the Bond Issue 2000 Street Resurfacing Project #C-4 on Up River Road (IH 37 to Leopard Street)_ The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 14. MOTION NO. 2004-411 16. Motion authorizing the City Manager or his designee to execute a Construction Weld Inspection and Testing Contract with Base Line Data, Inc., of Portland, Texas in an amount not to exceed $105,560 for the Southside Water Transmission Main Phase 4 and 4A project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". ORDINANCE NO. 026014 Ordinance authorizing the City's Director of Engineering Services or his designee to implement a traffic management plan in the Bayfront Arts and Science Park and surrounding area, including the modification of ta-affic regulations, as needed during special events at the American Bank Center for a period of up to 120 days. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained. Minutes - Regular Council Meeting November 9,2004 - Page 7 17. MOTION NO. 2004--413 Motion authorizing the City Manager to execute an Amended and Restated Parking Area Lease between the Port of Corpus Christi Authority of'Nueces County, Texas, Corpus Christi Baseball Club, L.P., and the City of Corpus Christi. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained. 18.a. MOTION NO, 200,1 d 14 Motion authorizing the City Manager or his designee to approve the Seagull Park improvement plan as presented. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 18.b. MOTIONNO. 2004-415 19. 21. Motion authorizing the City Manager or his designee to accept "Journey's End", a sculpture fi.om Kent Ullberg, for display at Seagull Park on Padre Island_ The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"_ RESOLUTION NO. 026015 Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinrfison, Noyola and Scott, voting "Aye". FIRST READING ORDINANCE Amending the City Code of Ordinances, City of Corpus Christi, Chapter 17, Finance and Taxation, Section 17-1.2, Service Charge for Returned Checks, by increasing said fee from $25.00 to $30.00; providing for an effective date of December 1, 2004. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting November 9,2004 - Page 8 22. FIRST READING ORDINANCE Amending the Code of Ordinances, Section 53-254, Schedule V, Increase of state speed limit in certain zones, by establishing a school zone on Kostoryz Road: A 25 mile per hour school speed zone on Kostoryz Road, when lights are flashing, for a distance of 400 feet, from a point 200 feet north of the centerline of Masterson Drive to 200 feet south of the centerline of Masterson Drive; and providing for penalties. The foregoing ordinance was passed and approved on its fa'st reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kilmison, Noyola and Scott, voting "Aye". 23. ORDINANCE NO_ 026017 Amending the Code of Ordinances, Section 53-254, Schedule V, Increase of State Speed Limit in Certain Zones, and Schedule VI, Decrease of State Speed Limit in Certain Zones, by modifying the limits of speed zones and establishing txansition speed zones in the inbound and outbound directions of International Drive between the existing 45 miles per hour speed zones near State Highway 44 and the existing slower speed zones of 15 and 20 miles per hour near the parking lots and the terminal; and providing for penalties. (First Reading 10/19/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained. Mayor Neal opened discussion on Item 12 regarding the acquisition of properties for the expansion of the airport. Mr. Kinnison asked for a copy of the budget for acquiring these properties, showing the utilization of the funds and fund balances. Mr. Noe stated staffwould provide this information. City Secretary Chapa polled the Council for their votes as follows: 12. MOTION NO. 2004-409 Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with John H. Kelly, Sr. in the amount of $171,712 plus $2,000 in closing costs for the purchase of fee simple property rights for Parcel 8D-2, being 59.211 acres out of Tract No. 8, Margaret Kelly Land, located south of the Corpus Christi International Airport (CCIA) between County Roads 2292 and 763 in connectmn w~th the Corpus Christi International Airport Expansion Project (g1023) and for other municipal purposes. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmencro, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained. Mayor Neal opened discussion on Item 15 regarding the construction contract for the American Bank Center. Mr_ Bill Kopecky, 3609 Topeka, spoke regarding his concerns that the Minutes - Regular Council Meeting November 9,2004 - Page 9 actual cost of the arena had exceeded initial estimates provided to voters, and he also suggested staff publicize a major grand opening event for the public. Mr. Abel Alonzo was also concerned that the actual arena cost had exceeded the initial estimates provided to voters, saying the public had a negative perception regarding this issue. He also questioned the bid award process for this project. City Secretary Chapa polled the Council for their votes as follows: 15. MOTION NO. 2004-412 Motion authorizing the City Manager or his designee to execute Change Order No. 12 for the American Bank Center Arena in the amount of $250,489 with Fulton Coastcon, Joint Venture, of Corpus Christi, Texas for various architectural, electrical, mechanical and structural modifications. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained. Mayor Neal opened discussion on Item 20 regarding the designation of portions of Highway 181 as the Remember Pearl Harbor Memorial Parkway_ Mr. Kelly spoke in support of the designation as a way to honor the individuals for their sacrifices at Pearl Harbor. Mr. Leo Vrana with the Pearl Harbor Survivors Association thanked the Mayor and Council for their support, especially Mr. Kelly. Mayor Neal asked Mr. Chapa if the dedication was scheduled for December 7, Pearl Harbor Day. Mr. Chapa replied affirmatively, saying that he hoped the signage would be ready by then. City Secretary Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 026016 Ordinance designating the portions of Highway United States 181 within the City of Corpus Christi as the Remember Pearl Harbor Memorial Parkway and directing the posting of appropriate signage. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garret-t, Kelly, Kinnison, Noyola and Scott, voting "Aye" Mayor Neal referred to the presentation on the day's agenda, a quarterly report fi.om the Corpus Christi Regional Economic Development Corporation (EDC). EDC President and CEO Ron Kitchens commented on the success of the American Bank Center arena opening events. He stated there were eight major projects being const~'ucted in the city that were scheduled to open in the next year as follows: the new arena; the convention center expansion; Harte Research Center; Texas A&M University-Corpus Christi Performing Arts Center; JFK Causeway; Crosstown Expressway; Packery Channel; and the new baseball stadium. In addition, he mentioned a few other planned projects as follows: Chrisms Spohn hospital expansion, Valero corporate offices, AC Distribution manufacturing facility; Flint Hills Resources new laboratory; Art Museum expansion; Del Mar expansion; LNG facilities; and the $95 million city bond package. Minutes - Regular Council Meeting November 9,2004 - Page 10 Mr_ Kitchens stated the city had seen a tremendous turnaround in the community's support for bond issues. Six years ago, he said 70 percent of the voters had voted against a bond package, while this year, 70 percent had voted in support of the bond package. He thanked the Mayor and Council for their vision and their commitment to this effort_ Mr. Kitchens reported on a number of new job announcements as follows: Flint Hills Resources - 20 new researchers in their laboratory; Boeing - 45 additional new aviation engineers; Berry Ltd. - 100 new positions; Bell Fabrications - 10 positions; CCAD - 90 pusitions; and First Data - 220 new jobs in their facility. Mr. Kitchens mentioned the city was featured in a number of recent publications as follows: Tierra Grande, the state association of realtors magazine; Texas Conslzuction Management magazine; Wall Street Journal; Financial Times; and Business Week's Small Business magazine. Mr. Kitchens stated the city needed to continue use its success to build momentum for more change. Since the public sector was making the investments required, he said private sector investments would soon follow_ He mentioned, for example, an announcement today to establish a small industrial park in the west side of the city, and pending plans for three other industrial parks. In conclusion, Mr. Kitchens thanked the Council for their leadership, saying the city would benefit fi.om their vision for years to come. Mr. Chesney stated there was a perception in the community that the EDC's statistics were inaccurate. He asked if the EDC had ever considered hiring an economist to provide an unbiased study of the city's economic indicators. Mr. Kitchens replied the EDC hired an economist fi.om Austin to validate their figures once a year. Mr. Chesney asked for a copy of any reports the economist had developed regarding the city's economic performance. City Manager Noe stated the city could invite the economist, Mr. Jerry Walker, to make a presentation at a future council meeting. Mr. Noyola stated he could see the city was growing, regardless of what the statistics said. He asked Mr_ Kitchens to focus on the section of North Padre Island Drive fi'om Greenwood to Agnes as a potential site for a business. Mr. Kitchens replied there was a major distribution center in the works that was considering this area. He added the EDC made an effort to know where all the available land in the city was. The EDC was also working with the city, utility companies, and the communication providers to develop an overlay of sites that required the least amount of new investment to be developed. Mr_ Scott stated there will always be naysayers in the community unwilling to acknowledge the city's successes. Nevertheless, he said the city needed to accept this challenge, yet celebrate its successes with anew sense of pride. He thanked Mr. Kitchens and EDC staff for their contribution to this success. Mr_ Colmenero suggested the EDC publicize the fact that the city's economy was in transition, and he encouraged them to publicize the measures and facts to support this effort_ Minutes - Regular Council Meeting November 9,2004 - Page 11 Mayor Neal referred to Item 25.a., and a motion was made, seconded and passed to open the public hearing on the following right-of-way closure: 25.a. Public hearing to consider abandoning and vacating a 43,654.61-square foot portion of an undeveloped and uusurfaced 40-foot wide dedicated public fight-of-way out of Lots 6 and 7, Section 26 and Lots 26 and 27, Section 27, Flour Bluff and Encinal Farm and Garden Tracts (south of the Oso Parkway and east and west of the Quebec Drive/Om Parkway intersection). No one appeared in opposition to the right-of-way closure. Mr. Scott made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mr. Chapa polled the Council for their votes as follows: 25.b. ORD1NANCENO. 026018 Ordinance abandoning and vacating a 43,654.61-square foot portion of an undeveloped and unsurfaced 40-foot wide dedicated public fight-of-way out of Lots 6 and 7, Section 26, and Lots 26 and 27, Section 27, Flour Bluffand Encinal Farm and Garden Tracts (south of the Oso Parkway and east and west of the Quebec Dfive/Oso Parkway intersection); subject to compliance with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal referred to Item 26, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0904-02. Kyle S- Williams: A change of zoning fi-om a "R-lB" One-family Dwelling District to a "B-3" Business District. The property is on five (5) acres out of southwest comer of Survey No. 416, Abstract 838 and southwest comer of a 100-acre tract recorded in Volume 314, Page 531 of the Deed Records of Nueces County, Texas, also recorded in Volume 321, Page 349 of the Deed Records of Nueces County, Texas, located on the east side of Rand Morgan Road and 600 feet south of McNorton Road. (TABLED OCTOBER 19, 2004) City Secretary Chapa said the Planning Commission and staffrecommended the denial of the "B-3" Business District, and in lieu thereof, approval of a "B-I" DisU'ict with a Special Permit for a mini-storage facility subject to five (5) conditions. Assistant Director of Development Services Michael Gunning explained this item was tabled on October 19, 2004 to allow the applicant to meet with the adjoining property owners to the north and south who had expressed concern about the zoning change. Mr. Gunning stated the 20 percent role was still in effect today as it was on October 19. As a result of the meetings, the property owners to the north and south, constituting more than 50 percent of the registered opposition, Minutes - Regular Council Meeting November 9,2004 - Page 12 continued to be opposed to the "B-3" zoning, but supported the "B-1' zoning w~th a special permit subject to five conditions and a site plan. No one spoke in opposition to the zoning change. Mr. Chesney made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Kelly asked staffabout the anticipated drainage for the subject property. Mr. Gunning said he was not sure at this point, but when the applicant submitted their plat, they would be required to submit a storm water drainage plan for review. Mr. Kelly noted the two individuals still opposed to the zoning change resided on Caroline Road. He said he could support the project, but he wanted assurances that the drainage plan would protect the property owners on Caroline Road. Mr_ Gunning answered affirmatively, saying the special services division of the development services department would make this a priority. He added that Mr. Victor Gutierrez, the applicant's engineer, was already addressing the drainage issues for the development. City Engineer Escobar also stated staff would monitor this project closely. City Secretary Chapa polled the Council for their votes as follows: 26. ORDINANCE NO. 026019 Amending the Zoning Ordinance, upon application by Kyle S. Williams, by changing the zoning map in reference to five (5) acres out of the southwest comer of Survey No. 416, Abstract 838 and southwest comer of a 100 acre tract recorded in Volume 314, Page 531 and Volume 321, Page 349 of the Deed Records of Nueces County, Texas, (currently zoned "R- IB'' One-family Dwelling District) by granting a Special Permit for a mini-storage use subject to a site plan and five (5) conditions; amending the Comprehensive Plan to account for any deviations fi.om the existing Comprehensive Plan. 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 announced the executive sessions, which were listed on the agenda as follows: 30. Executive session under Texas Government Code Section 551.071 to receive advice from the City's attorneys about the City's standing to challenge potential new landfills in the region, with possible discussion and action related thereto in open session_ 31. Executive session under Texas Government Code Section 551.071 for consultation with attorney regarding the use of public rights-of-way and property by pipelines, grants of rights therein, fees therefore, and related matters, with possible discussion and action related thereto in open session. The Council went into executive session. Minutes - Regular Council Meeting November 9,2004 - Page 13 The Council returned from executive session, and Mayor Neal called for petitions from the audience. Mr. Wayne Hodge, 3626 Rodwood, spoke regarding the shortage of police depaxtment manpower. Mr. Ricardo Sanchez, 5657 Bear Lane, provided an update on the RTA park-n-ride arena shuttle service which kicked offlast week. In total, he said the feedback fi.om the media and fi'om patrons was very favorable. He said the RTA transported 4,700 passengers this weekend, 3,300 for the Chef concert alone. The 3,300 passengers for the Chef concert were transported in 40 minutes. The average trip time to and from the coliseum to the arena was approximately 6 minutes. The RTA provided the services at a operational cost of $5,000_ Mr. Sanchez reported there were no fees levied for these events. Effective November 12, however, he said the suggested fares would be a $2 base fare roundtrip, $1 for students and seniors, and children under 5 ride free. He said the RTA's board of directors would have to approve this fee structure, followed by the evaluation of the Fare Review Committee as required by statute. Finally, he said future challenges would be providing customer amenities such as shelters at the arena and coliseum_ Effective customer communication was also important because the RTA was not going to provide shuttle services for every event. In conclusion, he thanked the Council and city staff for their support. Mr. Scott commented he thought the $2 fare was excessive, but ultimately, the market would probably drive the cost. He thanked the RTA for the success of the shuttle services. Mr. Kinnison remarked he had heard nothing but positive comments about the shuttle service. He noted there were a number of customers, however, who were waiting for shuffle services for the hockey game on Saturday, not realizing there were no services being provided for that event. He asked which events the RTA was planning to provide services. Mr. Sanchez said the RTA was planning to include the shuttle schedule in the Caller-Times to keep the public informed. Mr. David Seller, RTA director of operations, replied they looked for a threshold of approximately 5,000 to 5,500 event attendees, and also took into account any other events taking place at the same time which would affect available parking. Mr. Kinnison asked the RTA to work on publicizing the RTA's shuttle schedule to keep the public informed. In addition, he said the available parking in the arena area was probably going to be available only for a fee. Mr. Chesney thanked the police department for their efforts to control ttaffic in the arena area. He thanked the RTA for their efforts in making the service a success. He stated, however, that he also thought the $2 fee for shuttle services was excessive. He had understood the fee was still under review, and was surprised to hear the RTA was publicizing a set price. He asked the RTA to improve their efforts to keep the Council informed. Mr. Noyola thanked the police department, city staff, and the RTA for their efforts in controlling traffic during the event_ He thought the proposed shuttle fares were reasonable_ He asked for an estimate of the number of vehicles that were kept offthe streets thanks to the shuttle service_ Mr. Seiler answered between 800 and 900 vehicles were kept offthe streets, and thus did not contribute to traffic congestion in the area. Mr. Noyola asked if the shuttle fares would cover the overtime expenses for RTA employees. Mr. Sanchez replied negatively, saying it would only Minutes - Regular Council Meeting November 9,2004 - Page 14 partially offset the overtime expenses. Mr. Colmenero thanked everyone involved for making the arena opening a success. He asked the RTA to be especially sensitive to the needs of the elderly and disabled when planning parking and drop-offs for the shuttle services. Ms. Cheryl Quifiones, 5403 Everhart, asked if there was another way to obtain information and statistics from the Animal Care division besides using Open Record Requests_ City Manager Noe replied that without knowing the specifics regarding her information requests, it was preferable to use Open Records Requests because they were formal, written requests. Mr. Kinnison asked Ms. Quiflones to e-mail copies of her information requests. If he felt the requests warranted it, he would ask Animal Care to provide monthly statistical reports_ Ms. Quifiones thanked him, and said she understood from other municipalities that the statistics she was asking for should be readily available. Ms_ Sherry Dunlap, 5825 Hopkins, spoke regarding her concerns that aspects of the Animal Care Action Plan were not being implemented by staff, especially the omission of the breeders permit requirement_ In addition, she was concerned there was no city or county representation at the Texas Animal Control Association Conference the city was currently hosting. Mayor Neal called for a brief recess to present proclamations. The Council returned from recess, and Mayor Neal opened discussion on Item 27 regarding Contract C of the seawall reconstruction project. City Engineer Angel Escobar explained Contract C would authorize work in the middle portion of the seawall, between Peoples Street and Coopers Alley. He said traffic would be diverted from the area beginning on January 1, 2005 to avoid any delays during the holiday season. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 27. MOTION NO. 2004-416 Motion authorizing the City Manager or his designee to execute a construction contract with CCC Universal Constructors, LLC, of San Antonio, Texas in the amount of$10,280,518.48 for the Seawall Reconsa'uction Project, Contract C - Peoples Street to Cooper's Alley (Marina Reach). The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. Mayor Neal deviated from the agenda, and opened discussion on Item 29.a. regarding the city's license agreement with GulRerra Energy Parmers L.P. There were no comments fi'om the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting November 9,2004 - Page 15 29.a_ ORDINANCE NO. 026021 Ordinance amending the License Agreement dated December 16, 2003, between the City of Corpus Christi and Gull:terra Energy Partners, L.P. 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 29.b. regarding a code amendment to the city's pipeline ordinance. Mr. Chesney made a motion to table this item for one week to allow for continued discussion between the parties involved, seconded by Mr. Scott, and passed. 29.b. TABLED UNTIL NOVEMBER 16. 2004 Sec~,,~d Reading Oh din,~lcc -A.,,-,,di,,~ Ch,~ter 49 of thc Ci~ of C~,F~ Cl~isti Code of ~in~ccs ~ ad~h~g ~i~ ~tlcle ~I ~d a,,,~.diag ~tlclc W, ~qai,~,.c,,t that all ~ipel~cs i,, the Ci~ d~B-of~ay liccl~scd o~ other ~ise authori~d by the Ci~, es~blishhig p~cdm ~s fo, thc appllcatio,, f~r ~d ~ ~ti~g ~licc~scs; esmblishh~s the cha, s~s gt fl~e ~ ofCiW ~i~B-of-way m~d Ci~- ~ed plup~,ty ~ authorized m~d ~.aa~od~d ~i~lincs, ~,~vld~g ~ Vl~t~dlm, of Ci~ g~isio,~, rdated ~ the subject h,a~t of this o~di,,a,,~, plovidhlg pmhding g, ~aalties, p~iding ~, ~=~, ~ ~tiou ~civil ,e.scdics. (Fkst Reading 10/12/~) Mayor Neal opened discussion on Item 28, a resolution opposing the permitting of additional landfills within the city, the city's ET.I, and the coastal bend region. Assistant City Manager Ron Massey explained staffs position on this issue. He said the effect~ of an additional permittedlandfill would potentially divide the waste stream even further, and would negatively affect city revenues. In addition, he said an additional landfill raised a number of public concerns regarding environmental, social, and economic issues. An additional landfill near the city limits could contribute to delayed economic activity and community revitalization in the area. Mr. Massey reviewed a chart depicting the relationship between landfill tonnage and total annual revenues from FY 1997-98 to FY 2003-04. He highlighted the period between FY 1999- 2000 and FY 2000-01, saying the drop in tonnage and corresponding decrease in revenue coinmded with the opening of the El Cenlro landfill in Robstown. He said city solid waste revenues decreased from approximately $11 million to $7 million. The city has been able to regain tonnage and revenues since then, but not to FY 1997-98 levels. Mr. Massey reviewed a chart illuslrating the effects of removing construction and demolition (C&D) waste from the total landfill tonnage and revenues, resulting in a $3 million reduction in revenues. Mr. Massey discussed the effects of removing or decreasing C&D waste from the city landfill on commercial landfill fees. He said current fees are approximately $28 a ton to bury lxash. Minutes - Regular Council Meeting November 9,2004 - Page 16 In FY 2005-06, the cost would increase to approximately $30 because of the capital investment in the Cefe Valenzuela landfill. If the city were to lose 50 percent of the C&D waste, rates would increase to approximately $35 a ton. If the city were to lose all of its C&D tonnage, the rate would increase to approximately $36 a ton. Residential customers would see their rates increase from $13 a month, $18 a month if the city lost half its C&D tonnage, and over $19 a month if they lost all of it. In conclusion, Mr. Massey concluded additional tonnage capacity in the region would have an adverse impact on the city. He said the city had invested significant capital and operational funds to develop, manage, and operate landfills for the public good in the coastal bend area_ The city landfill and the E1 Centro landfill combined would provide 150 years of landfill capacity in the region, and this was more than enough capacity. Mr. Kelly asked how much C&D tonnage was generated inside the city limits and outside the city limits. Mr. John Sendejar, solid waste superintendent of administration, stated 99,000 tons were generated in the city limits. Mr_ Kelly asked if the city could recoup losses from reduced C&D tonnage through the municipal solid waste service charge (MSWSC). Mr. Massey replied negatively, saying the MSWSC included only certain types of expenses. An additional landfill would increase costs to commercial and residential customers in the city. Mr. Noyola disagreed with staffs recommendation because he was concerned it would adversely affect the West Oso area_ He preferred to table the item to allow him to discuss the matter with West Oso residents and business owners. Mayor Neal asked for public comment. Dr. Bryan Gulley, 2709 Chapel View, explained he and his partner were applying for a Type IV landfill permit that would handle only construction and demolition debris near the Oso Creek area in the city's ETJ_ Their application was being reviewed by the Coastal Bend Council of Governments (CBCOG) Solid Waste Advisory Committee. He said the committee voted in favor of allowing them to pursue the permit, with the city casting the only dissenting vote. Dr. Gulley felt city interests were protected by their MSWSC, which provided a method for them to control waste within the city. Thus, he felt his landfill would be competing with El Cenlxo and BFI more than the city. He said the benefit to creating a Type IV landfill was it was much cheaper to build than a Type I landfill that accepted household and other types of waste, allowing for lower costs for customers. Dr. Gulley expressed concern about the proposed resolution the Council was considering today, stated the city should consider proposed landfill developments on a case-by-case basis, rather than issue a blanket resolution opposing landfills in the entire coastal bend region. Ultimately, he said the resolution was an attempt to thwart competition and private enterprise in the city. Mr. Mike Stxinger, 1065 Potomac, said he was assisting Dr. Gulley in his endeavor. He also spoke against the resolution because he felt the Council should consider proposed landfills on a case-by-case basis, rather than issue a blanket statement opposing any other landfill in the coastal bend area. He said the city was presumptuous in establishing themselves as the regional landfill Minutes - Regular Council Meeting November 9,2004 - Page 17 without any formal support. Mr. Scott stated the city made a decision years ago to adopt a regional approach for landfill development, and made financial obligations based on this assumption. Unfortunately, the regional landfill approach did not materialize, but the city still had to meet its financial obligations. Thus, he said the city would oppose any development that would impact the city's ratepayem and interests. He said the proposed resolution was an attempt to reaffirm and formalize this general desire. Mayor Neal agreed the city had made a decision to protect the solid waste revenue stream. Mr. Phil Hurst, 5401 Adair, suggested the Council focus their resources on making the Cefe Valenzuela landfill a more economically feasible enterprise, rather than fighting competition and free enterprise. Mr. Ralph Diaz, 10610 Gettysburg, stated the city was creating the perception that they were anti-business and anti-competition. He said the city was on track to have the most expensive landfill in the southwest if it continued to increase its landfill costs at current rates. He questioned the city's legal authority to oppose development in the entire coastal bend region, saying it would negatively affect the region. He said the competition would benefit the taxpayers, not hurt them, by stabilizing prices. Mr. Chesney asked Mr. Diaz to explain why the competition would help the taxpayers. Mr_ Diaz said the use of another landfill would extend the life of the city's landfill, saving the taxpayers money. City Manager Noe retorted the landfill was expected to last 100 years, so a resident would not see any benefit from extending the life of the landfill. Mr_ Chesney stated it was difficult to support other landfill development when the end result would be to divide the waste stream further, leading to lower city revenues, which would have to be made up through high rates for taxpayers. First Assistant City Attorney Jay Reining noted the COG had passed a resolution in 1996 in which it urged the city to move as quickly as possible to apply for a new landfill with sufficient land to serve as a regional facility_ Mr. Chesney took exception to passing a blanket resolution to prevent any new landfill development. Mr. Reining explained the resolution would not bind future Councils; rather, it was a statement of the city's current position on this issue. Mr. Noe stated he thought the Council had made it clear during the last landfill discussion that other landfills in the area were detrimental to the city's ability to operate the Cefe Valenzuela landfill. Thus, it appeared staffs marching orders were to protect the city. He said the city had opposed Dr. Gulley's development when it was discussed two years ago, so this was not a new position for the city. He said staff was chastised, however, for taking this position. Mr. Chesney took exception to Mr. Noe's characterization that he had chastised staff. He said he had sent Mr. Noe an e-mail tn which he questioned staffs position on this issue, and instead of responding to him directly, Mr. Noe decided to place the item on the agenda for public discussion. He was upset that Mr. Noe never answered his question, and because staffhad taken an attorney fi'om Lloyd Gosselink et al to a COG subcommittee meeting. Mayor Neal interjected he had told the city manager to place the item on the agenda. Ma. Noe added staffwanted to discuss the matter because they needed the Council's support to take this position_ Minutes - Regular Council Meeting November 9,2004 - Page 18 Mr. Noyola took exception to the wording in the resolution which said the city was opposed to additional landfills in the coastal bend region. He asked if the city had conferred with the neighboring counties about their stance. Mr. Massey replied staffmcognized the city did not have the authority to speak for other governmental entities in the coastal bend region, nor could they speak for the CBCOG_ He said staffwas merely defining a loose, geographic area_ Mr. Sirfi'ederickvon USA King 7~h, 905 Cleveland Street//4, asked for clarification on the type of landfill Dr. Gulley and his partner were proposing. Mayor Neal stated the city has many regional responsibilities which translate into a burden on local taxpayers, such as a regional water source or for airport services. He wished the city could eliminate the need to generate revenues from its solid waste operations. The reality was, however, that the city had a $6 million deficit in solid waste operations attributed to capital expenses. The city could raise taxes to make up this difference, but this was not a viable option for the citizens. Thus, the city was obligated to maintain this revenue stream to proceed with opea'atious. Mayor Neal said the COG was meeting this Friday to discuss the issue, and he felt it would be prudent to make a decision on this issue today to clarify the city's position, rather than table the item until next week. Mr. Noyola made a motion to table this item to next week to allow him to speak with the West Oso community about the potential effects of this action, seconded by Mr. Chesney. City Secretary Chapa polled the Council for their votes as follows: Chesney, Kelly, and Noyola, voting "Aye"; Neal, Cooper, Garrett, Kinnison, and Scott, voting "No"; Colmenero was absent. The motion to table failed_ City Secretary Chapa polled the Council for their votes on Item 28 as follows: 28. RESOLUTION NO. 026020 Resolution opposing the permitting of additional landfills within the City of Corpus Christi, City of Corpus Christi's extraterritorial jurisdiction, and Coastal Bend Region as long as sufficient permitted landfill capacity is available at existing and permitted landfills_ The foregoing resolution was passed and approved with the following vote: Neal, Cooper, Kelly, Kinnison, and Scott, voting "Aye"; Chesuey, Garrett, and Noyola, voting ''No"; Colmenero was absent. Mayor Neal called for the City Manager's report. City Manager Noe reported the next Neighborhood Pl-ide meeting would be held this evening for the area surrounding Victory of Life Fellowship on Craig and 14a Streets. The fire department would be holding their Civilian Award ceremony today to recognize eight local residents and two organizations for their contributions to the community_ He mentioned the Council should have received a press release fi.om the health depa~hnent on changes in the state health services recommendations for flu vaccines, narrowing the eligible recipients to two priority ga'oups: Group 1- residents of nursing homes, health care workers with direct patient care, and homebound individuals who are 65+ with chronic conditions; and Group 2 - household contacts and out of home caregivers of children 6 or younger, women who will be pregnant this season, and adults 65+ years of age with chronic medical conditions. Minutes - Regular Council Meeting November 9,2004 - Page 19 Mr. Noe stated the following items were scheduled for consideration at next week's council meeting: NuPAC, Inc. appeal; a briefing on the Bond 2004 schedule; TIP update; discussion on animal control issues, including the animal care ordinance developed by the Animal Care Advisory Committee. Mayor Neal recognized Ms. Rebecca Martinez with the Coastal Bend Council of Governments (CBCOG), who wished to address the Council_ Ms. Martinez stated the next CBCOG meeting was next Friday, and she wanted to inform the city about a number of issues before they attended this meeting. She said GulleyHurst application was in the pre-application review stage, and they had not submitted an application to the state yet. She said the TCEQ had the ultimate authority to approve the application. Once the TCEQ had reviewed their permit, then the COG would evaluate their application. Mr. Scott if the COG normally voted on an application in the pre- application review stage. Ms. Martinez replied negatively, saying the action was requested by GulleyHurst. She said the material submitted by GulleyHurst appears to be consistent with the COG's solid waste management plan. In addition, Ms. Martinez said the resolution the city passed appeared to limit the other landfills in the area, such as the City of Alice and the City of Kingsville, in their ability to raise revenues. Ms. Martinez said she was meeting with the solid waste advisory committee tomorrow, and would inform them about the city's position. Mayor Neal called for Council concerns and reports. Mr. Noyola stated last weekend's arena events were a great success, and he thanked the police department for their traffic management efforts_ He asked how police officer overtime was being handled because he had heard the cost was substantial. Mr. Noe replied the city svas overstaffing police officers at this time, but would probably be able to step back on its efforts once a routine was established. Mr. Noyola was also concerned there was insufficient shelter during inclement weather for arena pa~ons who arrived to their events early_ Mr_ Noe said there was a covered awning in fi'ont of the arena where patrons could seek shelter in bad weather. Mr. Noyola replied the awning would not be able to shelter a large number of patrons_ He asked Mr. Noe to look into providing more shelter. Mr. Garrett asked if the city was using CCPD officers for arena security. Mr. Noe replied affirmatively. Mr. Garrett announced there would be a Municipal Court Committee meeting at noon tomorrow in the staff conference room to discuss the applicants for the part-time municipal court judge position. Mr. Noe stated the canvassing for the November election would also be held tomorrow at 12:30 p.m. in the Council chambers_ Mr. Kelly reported he had received a letter with photographs from a business owner on Winnebago Street about flooding problems which had damaged a new section of the street. He asked Mr. Noe to see if the contractor had any responsibility to repair the damage. Mr. Kelly thanked a number of individuals, including his wife Evon, who organized a committee in support of the Northwest library expansion. He thanked Ms. Peggy Banales for serving on the committee as well for her support. He also thanked Ms. Elma Corkhill for her efforts in support of the Bond 2004 issue. Mr. Kelly noted several businesses located on arterials being worked on as part of Bond 2000 had suffered a drop in business. Even after the projects were finished, he said businesses had difficulty regaining business because the citizens didn't know the streets were now accessible. He asked Mr. Noe to bett~r publicize the completion of street projects to help the merchants_ Regarding Minutes - Regular Council Meeting November 9,2004 - Page 20 the Bond 2004 street projects, he asked staffto make an effort to avoid working on all the arterials in one area at the same time. Finally, he asked for a memo on the time table for the Little League field in Ben Ga~za Park_ Mr . Scott asked if the city had appointed individuals to the Mustang Padre Island Development plan committee. Mr. Noe replied negatively, but it would occur soon. Mayor Neal asked if there was a current ordinance against parking 18-wheelers on city streets. He said there was a report of individuals parking an 18-wheeler and a tractor/trailer on La Playa Street for weeks at a time. Mr. Noe replied affirmatively, saying staffwould look into it. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 3:10 p.m. on November 9, 2004. MINUTES CITY OF CORPUS CHRISTI, TEXAS Special Council Meeting November 10, 2004 - 12:36 p.m. PRESENT * Mayor Samuel L_ Neal Jr. (Arrived at 12:40 p.m.) Mayor Pro Tern Jesse Noyola Council Members: Javier Colmenero Brent Chesney Melody Cooper Henry Garrett Bill Kelly (Arrived at 12:46 p.m.) Rex Kinnison Jesse Noyola Mark Scott City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Pro Tem Noyola called the meeting to order in the Council Chambers of City Hall_ City Secretary Chapa verified that the necessary quorum of the Council and the requh-ed charter officers were present to conduct the meeting. Mayor Pro Tern Noyola called for the canvassing of the special election results of the November 2, 2004 election, held jointly with Nueces County_ City Secretory Chapa explained each Council member was provided with precinct-by-precinct election results, and the Mayor Pro Tern had envelopes for each of the city's precincts containing the results submitted by the election judges_ To canvass the results, Mr. Chapa asked the Council to compare the election judges' returns to the County Clerk's report. Mayor Pro Tern Noyola randomly selected precincts for review, and the election judges' reports matched the county's results for these precincts (*Mayor Neal and Council Member Kelly arrived). Council Member Garrett made a motion to canvass the returns and declare the results of the special election held on November 2, 2004, seconded by Mr. Scott, and passed. City Secretary Chapa polled the Council for their votes as follows: 1. ORDINANCE NO. 026022 Canvassing returns and declaring results of the Special Election held on November 2, 2004 in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residence homesteads of persons sixty-five (65) years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi_ An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garreth Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Pro Tern Noyola called for public comment. Mr. Bill Kopecky, 3609 Topeka, spoke Minutes - Special Council Meeting November 10, 2004 - Page 2 in support of the tax freeze measure, saying it could be used to market the city as a retirement community. There being no further business to come before the Council, Mayor Pro Tem Noyola adjourned the special Council meeting at 12:53 p.m. on November 10, 2004. 2 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Hughes Supply, Inc., San Antonio, Texas for approximately 1,189 cast iron foundry items in accordance with Bid Invitation No. BI-0017-05 based on low bid lbr an estimated six month expenditure of $41,709.17. The term of the supply agreement will be for six months ',wth an option to extend for up to four additional six-month periods, subject to the approval of the supplier and the City Manager or his designee. These items will be purchased into Warehouse Inventory and used by the Water, Wastewater, and Park Maintenance Departments. Funds have been budgeted in FY 04-05. Purpose: These items consist of meter boxes, valve boxes, manhole rings and storm grates. They arc installed at new locations and used as replacements for damaged units- Previous Contract: The option to extend the current contract was exercised, requiring the Cily to issue new bid invitations. Bids Invitation issued: Seven Bids Received: Four Price Analysis: Pricing has increased 33% since the last contract of August 2001. This is due to the rising cost of raw material and fuel. The market for steel products remains in very tight supply. Basis of Award: Low Bid Funding: Warehouse Inventory 520210-5010M. 0000 $41,709.17 Procurement & General Services Manager 3 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of one Chevrolet suburban from Lawrence Marshall Chevrolet, Hempstead, Texas for thc total amount of $27,113. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council of Governments (HGAC). The vehicle is a replacement for the Aviation Department. Funding is available from the FY 2004-2005 Capital Outlay budget in the Aviation Fund. Purpose: The vehicle will be used by the Aviation Department and is a replacement to the fleet. Basis of Award: The vehicle is purchased through the cooperative purchasing agreement with HGAC. flGAC acts as a purchasing agent for participating members through the Inter-local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements Service, support and warranty will be provided by the local Chevrolet Dealers in Corpus Christi, 'Fexas. Funding: Aviation Department 550020-4611-35051 $27,113 Capital Outlay No. 74 Procurement & Genera Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION Bid Invitation No. B1~035-05 Chevrolet Suburban Buyer: Mada Gar-za 10/28/2004 Lawrence Marshall Chevrolet Hempstead, Texas 4 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement for dumpster route service in accordance with Bid Invitation No. BI-0126-04 with Browning Fen-is Industries ( BFI ) Waste Services of Texas, L.P., Corpus Christ~, Texas, based on only bid for an estimated annual expenditure of $60,551.04. The term of the contract will be twelve months with option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or Ins designee. ~fis service will be utilized at thirty-eight different City facilities. Funds have been budgeted m FY04-05 by the using departments. ****************************************************************************** Purpose: The dulnpster route service consists of providing and servicing 38 contmners, ranging in size from 2 cubic yard to 8 cubic yard. These containers are serviced fi-om two to six times per week, depending upon the amount of refuse generated at each City facility. Solid Waste Services does not provide this type of service due to the lack of necessary equipment. This contract will be administered by Solid Waste Services. Previous Contract: Thc option to extend the current contract has been exercised, requiring the City to issue new bid invitations. Bid Invitations Issued: Bids Received: One Price Analysis: When cmnpared to the previous bid of 2001, pricing has increased approximately 18%. The vendor states that the price increase is partially due to the increase cost of fuel. Basis of Award: Only Bid Historically, the City has received limited responses for dumpster route service. This service is limited to two known bidders, Corpus Chhsti Disposal Service, Inc., Corpus Christi, Texas indicated they were unable to meet the City's requirements trbr this bid. The using departments concur with this recommendation. Funding: Funds arc budgeted under object code 530210, building maintenance, by each department. rrera, C.P.I Procurement & General Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO BID TABULATION BI-0126-04 Dumpster Route Service Item Descriptio~ 1.6 2 CU. YD. CONTAINERS ( Serviced ) 1.2 Tv4ce per week 2.0 4 CU. YD. CONTAINERS ( Seraced ) 2.1 Once pe~ week 2.2 Twice per week 2,3 Three times per week 3 0 6 CU. YD CONTAINERS ( Serviced ) 3 2 Twice per wee~ 33 Three times per week 3 4 Five times per week 40 8 CU. YD. CONTAINERS ( Serviced ) 4.2 Twice per week 4.3 Three times per week 4 5 Six times per week BFI Waste Systems of Amedca Corpus Christi, Texas Pdce Cost Months Cost 4 $40 53 $162.12 12 $1,945.44 4 40.53 162.12 12 1,945.44 8 8%06 648.48 12 7,781.76 3 121.59 364.77 12 4,377,24 6 121.59 729.54 12 8,754.48 5 182.38 911.90 12 10,942 80 2 303 97 607.94 12 7,295 28 3 162.12 486.36 12 5,836.32 2 243.17 486.34 12 5,836.08 1 486.35 486.35 12 5,838.20 ~60~551,04 5 CITY COUNCIL AGENDA MEMORANDUM Date: November 8, 2004 AGENDAITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $13,299 from the State of Texas, Cdminal Justice Division for Year 5 funding for the Computer Forensics SPeCialist grant and to execute all related documents. B. Ordinance appropriating $13,299 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for Year 5 funding for the Computer Forensics Specialist grant and b'ansferring $45,977 I"rom the No. 1020 General Fund and appropriating it in the No. 1061 Police Grant Fund as grant matching funds. ISSUE: The State of Texas, Criminal Justice Division, under the Criminal Justice Planning Fund, has approved Year 5 funding to continue the Computer Forensics Specialist grant; the grant must be accepted and funds appropriated. BACKGROUND INFORMATION: The grant has enhanced the capabilities of the CCPD in the areas of prevention, investigation, and prosecution of computer-facilitated crime, especially in cases involving computer based sexual exploitation of children. The civilian specialist extracts evidence pertaining to computer crimes, provides technical support and training to investigators and field officers on computer crime indicators, initial search and seizure requirements and procedures, and provides expert testimony on computer crimes. The computer forensics specialist, being an expert in computers, the Intemet, and various types of cyber crime, also gives presentations on cyber crime prevention to various organizations and design and implement prevention strategies for children and their families on the safe use of the Intemet and other forms of online communication. REQUIRED COUNCIL ACTION: Accepting the grant award and appropriating the funds. PREVIOUS COUNCIL ACTION: Approval to submit the grant application on 01/13/04. FUNDING: The State provides $13,2991 the City $451977, and the Law Enforcement Trust $5,816 The State provides salaries and benefits for one civilian Computer Forensics Specialist up to an allowable $13,299 for Year 5 funding. The City funds provide for the remaining salary and benefits and the Law Enforcement Trust Fund provides for the equipment, supplies and training. The grant is on a five-year funding schedule with this year being the fifth and final year. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant award. R{¢K PERRY GOVERNOR STATE OE TEXAS OFFICE OF THE GOVERNOR October 8, 2004 Mr. George K. Noe Corpus Christi, City of Post Office Box 9277 Corpus Christi, Texas 78469 Dear Mr. Noe: I am pleased to announce a grant award for $13,299 to your organization for the following project: Computer Forensics Specialist_ My Criminal Justice Division is wortdng to ensure that communities throughout the state receive the resources to make Texas a safer place. CID-funded programs promote help and healing for crime victims, provide safe places and positive role models for young Texans, enforce laws that protect citizens and expand training opportunities for Texas criminal justice professionals. Your project contributes to these efforts. The attached Statement of Grant Award contains mom specific information about your award. Please call my Criminal Justice Division at (512) 463-1919 if you have any questions. Thank you for your work and best wishes for a successful project. Sincerely, Rick Perry Governor RP:kcn 15416 05 POST OEVlCE BOX 12428, AUSTIN, TEXAS 78711 (512) 463-1919 (VoIcE) (512) 475-2440 (FAx) ORDINANCE APPROPRJATING $13,299 FROM THE STATE OF TEXAS, CRIMINAL JUSTICE DMSION IN THE NO. 1061 POLICE GRANTS FUND FOR THE YEAR 5 FUNDING FOR THE COMPUTER FORENSICS SPECIALIST GRANT AND TRANSFERRING $45,977 FROM THE NO. 1020 GENERAL FUND AND APPROPRIATING IT IN THE NO. 1061 POLICE GRANT FUND AS GRANT MATCHING FUNDS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $13,299 from the State of Texas, Criminal Justice Division is appropriated in the No. 1061 Police Grants Fund for the year 5 fur~ding for the Computer Forensics Specialist Grant and transferring $45,977 from the No. 1020 General Fund and appropriating it in the No. 1061 Police Grant Fund as grant matching funds. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City COUnCil (1) rinds 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 conside, ution 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 Ute day of ,2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor AP?ndy A. S~ Assistant City Attorney for City Attorney Corpus Chdsti, Texas Day of .2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set fodh 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 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 16. 2004 AGENDAITEM: A. Resolution authorizing the City Manager, or the City Manager's designee, to accept a grant from the Texas Parks and Wildlife Department in the amount of $11,952 for a portable sanitary pumpout system at Corpus Christi Municipal Marina with a city match of $3,984 in the No. 4700 Marina Fund, and a total project cost of $15,936. B. Ordinance appropriating $11,952 from the Texas Parks and W~ldlife Department In the No. 1058 Madna Grants Fundfor a portable sanitary pumpout system at Coq3us Chdsti Municipal Marina; and decJaring an emergency. ISSUE: The purchase of a portable sanitary pumpout system will provide ~ public Clean Vessel Act Program facilities at the Corpus Christi Madna. The Clean Vessel Act Program was passed in 1992 to help reduce pollution from vessel sewage discharges. Congress reauthorized the program in 1998. REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager or his designee to appropriate these funds. FUNDING: Texas Parks and Wildlife Department. CONCLUSION AND RECOMMENDATION: Staff recommends that the Council pass an ordinance authorizing the City Manager or his designee to appropriate funds. RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO ACCEPT A GRANT FROM THE TEXAS PARKS & WILDLIFE DEPARTMENT IN THE AMOUNT OF $11,952 FOR A PORTABLE SANITARY PUMPOUT SYSTEM AT CORPUS CHRISTI MUNICIPAL MARINA, WITH A CITY MATCH OF $3,984 IN THE NO. 4700 MARINA FUND, AND A TOTAL PROJECT COSTS OF $15,936 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to accept a grant from the Texas Parks & Wildlife Department in the amount of $11,952 for a Portable Sanitary Pumpout System at Corpus Christi Municipal Marina. The City match for this grant is $3,984 in the No. 4700 Marina Fund, for a total project costs Of $15,936. SECTION 2. The City Manager, or the City Manager's designee, may reject, alter or terminate the grant. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: Is~day of November, 2004. for City Attorney Samuel L. Neal, Jr. Mayor R4183ZA2. doc 2 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 John Longoria Jesse Noyola Mark Scott R41832A2.doc ORDINANCE APPROPRIATING $'11,952 FROM THE TEXAS PARKS & WILDLIFE DEPARTMENT IN THE NO. 1058 MARINA GRANTS FUND FOR A PORTABLE SANITARY PUMPOUT SYSTEM AT CORPUS CHRISTI MUNICIPAL MARINA. AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $11,952 from the Texas Parks & Wildlife Department is appropriated in the No. 1058 Madna Grants Fund for a Portable Sanitary Pumpout System at Corpus Christi Municipal Marina. 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 on this the day of ,2004 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: This 1st day of November, 2004: First Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor R41832B2 doc 1 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: Ih, ye, 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 R41832B2.doc 2 7 AGENDA MEMORANDUM City Council Action Date: November 16, 2004 AGENDA ITEM: Item A: A resolution authorizing the City Manager, or the City Manager's designee, to accept an additional Title V grant from the Texas Department of State Health Services in the amount of $243,359 for family health and family planning services Item B: An ordinance appropriating an additional grant in the amount of $243,359 in the No. 1066 health grants fund from the Texas Department of State Health Services for Title V family health and family planning services; and declaring an emergency. ISSUE: The Health District is in receipt of Attachment # A3 to Contract #7460005741A- 2005 Change No. 3, with the DSHS. The contract provides the Health District with an additional $243,359 in financial assistance for family planning and fee for services. REQUIRED COUNCIL ACTION: Approval of the contract attachment and appropriation of funds. PREVIOUS COUNCIL ACTION: City Council approved and appropriated $62,915 for the Title V family health and family planning services. 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. (Department Head Sigrr~tdre) BACKGROUND INFORMATION This item reflects an increase in the funding awarded for the Title V-Family Planning grant that has bccn provided to the Health District from the Department of State Health Services for many years. The purpose of this funding is to assist Iow income residents to achieve their 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 provides assistance to a total of approximately 4000 clients per year. DEPARTMENT OF STATE HEALTH SERVICES 1100 WEST 49TH STREET AUSTIN, TEXAS 78756-3199 STATE OF TEXAS DSHS Document No. 7460005741A2005 COUNTY OF TRAVIS Cona'act Change Notice No. 03 The Depa.r~neat of Stale Health Services, hereinafter referred to as RECEIVING AGENCY, did heretofore enter into a contxac~ in writing with CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) hereinafter referred to as PERFORMING AGENCY. The parties thereto now desire m amend such contract atlacluneat(s) as follows: SUMMARY OF TRANSACTION: ATr NO. 03A AC FAMILY HEALTH - FAMILY PLANNING Revised Contract Total: 306,274 00 All terms and conditions not hereby amended remain in full force and effect. EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN. CORPUS CHRISTI (CITY OF) Authorized Contracting Entity (type above ~f different from PERFORMING AGENCY) for and in behalf of: PERFORMING AGENCY: CORPUS CllRISTI-NUECES COUNTY PUBLIC HEALTlt DIb'I'RICT (CITY) By: By: (Signature of person authorized to sign) (Name and Title) Date: RECOMMENDED: By: (PERFORMING AGENCY Dffector, if different from person authorized to sign contrac0 RECEIVING AGENCY: DEPARTMENT OF STATE HEALTH SERVICES (Signature of person auti~rizext to stgn) Bob Bumette, Director Procurement and Contracting Services Division (Name and Title) Date: KR PCSD - Rev. 6/04 Cover Page I DETAILS OF ATTACHMENTS Att/ DSHS Program ID/ Term Amd DSHS Purchase No. Order Number Begin End SEAFOOD 01 09101104 08131105 C038580000 ACFH/FEE 02 09/01/04 08/31/05 C0388770~0 ACFH/FEE-FP 03A 09/01/04 08/31/05 BWHt ITLXX 04 09/01/04 08/31/05 DSHS Document No.7460005741A2005 Chaage No. 03 Financial Assistance Direct Total Amount Assistance (DSHS Share) Source of Amount Funds* S~ate 22,500.00 0.00 22,500.00 State 93.994 28,391.00 0.00 28,391.00 State 93,994 306,274.00 0.00 306,274.00 93.667 291,750,00 0.00 291,750.00 Totals $648,915.00 $ 0.00 $648,915_00 *Federal funds are indicated by a number from th~ Catalog of Federal Domestic Assistance (CFDA), if applicable. REFER TO BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS. Cover Page 2 CERTIHCATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behaffofthe undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-Ill, "Disclosure Form to Report Lobbying," in accordance with ifs instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at aH tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shah certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction impos.ed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature Date Print Name of Authorized Individual 7460005741A 2005-03 Application or Contract Number CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) Organization Name and Address 1702 HORNE ROAD CORPUS CHRISTI, TX 78469-0000 RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO ACCEPT AN ADDITIONAL TITLE V GRANT FROM THE TEXAS DEPARTMENT OF HEALTH IN THE AMOUNT OF $243,359 FOR FAMILY HEALTH AND FAMILY PLANNING SERVICES Whereas, on July 20, 2004, the City accepted a Title V grant in the amount of $62,915 from the Texas Department of Health for family health and family planning services; and VVhereas, this grant amount has been increased for a revised total of $306,274; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. The City Manager, or the City Manager's designee, is authorized to accept an additional Title V grant from the Texas Department of Health in the amount of $243,359 for a total revised grant amount of $306,274 for family health and family planning services. A'I-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: November 10, 2004 Lisa Aguilar Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor Corpus Chdsti, Texas __ day of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Betty Jean Longoda Jesse Noyola Mark Scott Nov 16 2004 Renewal Community amd doc ORDINANCE APPROPRIATING AN ADDITIONAL GRANT IN THE AMOUNT OF $243,359 IN THE NO. 1066 HEALTH GRANTS FUND FROM THE TEXAS DEPARTMENT OF HEALTH FOR TITLE V FAMILY HEALTH AND FAMILY PLANNING SERVICES; AND DECLARING AN EMERGENCY. VVhereas, on July 20, 2004, the City accepted a Title V grant in the amount of $62,915 from the Texas Department of Health for family health and family planning services; and Whereas, this grant amount has been increased for a revised total of $306,274; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That an additional Title V grant in the amount of $243,359 is appropriated in the No. 1066 Health Grants Fund from the Texas Department of Health for a total revised grant amount of $306,274 for Title V 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 administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at ~wo 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: November 11,2004 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 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: lave, 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 Melody Cooper Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 8 AGENDA MEMORANDUM City Council Action Date: November 16, 2004 AGENDA ITEM: Item A: An ordinance appropriating additional revenue in the amount of $45,000 from the Women, Infants and Children (WlC) program in the No. 1066 health grants fund for continuation of the WlC program; and declaring an emergency ISSUE: The Bureau of Clinical and Nutrition Services, Texas Department of State Health Services (DSHS), provides funding for supplemental food vouchers, and nutrition education at no cost to Iow income pregnant and postpartum women, infants, and children. Services are performed in accordance with the terms and specifications of the DSHS and the United States Department of Agriculture (USDA). Based on reimburSement of $10.45 for each participant, an additional $45,000 was earned during F-Y03-O4. REQUIRED COUNCIL ACTION: Authorize and appropriate additional revenue. PREVIOUS COUNCIL ACTION: Council approved funding FY03-04. FUNDING: No match funding required. CONCLUSION AND RECOMMENDATION: Recommend City Council to approve and appropriate funding for the continuation of nutritional and individual counseling services to Iow income women, infants, and children. BACKGROUND INFORMATION The special supplemental nutrition program for women, infants, and children (WlC) is a health and nutrition program that is successful in improving the diets of infants, children, and pregnant, postpartum, and breastfccding women who are eligible for the program through Iow income and nutrition-related risks. This item appropriates additional funds that were generated through the WlC program. The grant assists in providing services to Iow income women, infants, and children. The contract began on 10/01/03 through 09/30/04. The main goal of the WIC program is to educate mothers about proper nutrition for their babies and young children. The WlC division serves an average of 5,000 WlC clients per month. ORDINANCE APPROPRIATING AN ADDITIONAL REVENUE IN THE AMOUNT OF $45,000 FROM THE WOMEN, INFANTS AND CHILDREN (WlC) PROGRAM IN THE NO. 1066 HEALTH GRANTS FUND FOR CONTINUATION OF THE WIC PROGRAM; AND DECLARING AN EMERGENCY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That additional revenue in the amount of $45,000 from the WIC Program for FY 2003-04 is appropriated in the No. 1066 Health Grants Fund for continuation of the WIC Program. 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 day of ., 2004. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: November 10, 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 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 Melody Cooper Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 9 AGENDA MEMORANDUM November 16, 2004 SUBJECT: City Hall Renovations - Project No. 4311 AGENDA ITEM: A. Ordinance appropriating $3,920,900 from the unappropriated claim settlement from City Hall CIP Fund No. 3160 for the City Hall Renovation Phase 2 Project; amending Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $3,920,900; and declaring an emergency. Motion authorizing the City Manager or his designee to execute a construction contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $3,524,900 for the City Hall Renovation Phase 2 Project. Motion authorizing the City Manager, or his designee, to execute Amendment No. 4 to the architectural contract for enhanced construction phase management services with Dykema Architects, Inc., of Corpus Christi, Texas in an amount not to exceed $39,500 for City Hall Renovation Phase 2 Project. FUNDING: Funding is available from settlement proceeds in the City Hall CIP Fund. RECOMMENDATION: Approval of the motions as presented. ~Angel R. Escobar, P. E. ~l~)irector of Engineering Services ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. Preliminary Budget Exhibit C. Bid Tabulation Exhibit D. Site Map H:~-IOM E~E VIN S\GE N~CITYHALL~2OO4Re novatio ns~Awd Memo doc BACKGROUNDINFORMATION PROJECT DESCRIPTION: The project consists of interior, phased construction and remodeling. The project includes interior demolition, newwalls, acoustical ceilings, flooring and base, doors, frames and hardware, aluminum storefront and entrances, paint, elevator modernization, electrical and heating, ventilating and air conditioning. The project is a continuation of efforts to increase service provided to the public and businesses dealing with the City. The need to improve operational efficiency of City Departments that are presently scattered on several floors is one of the objectives of the project. The completion of Development Center has made additional space available for the departments remaining in City Hall. The space needs and utilization study indicates the improvements are needed to optimize services. The rehabilitation will range from a "cosmetic" level to complete renovation. The project will upgrade those areas that need painting, new floor covering, and are subject to water intrusion. Identified areas of water intrusion will be addressed by repairs to the building envelope. The HVAC distribution system which has reached the end of its economic life will be upgraded with new digital controls, replacement of VAV boxes, valves, hoses and other components as needed. The work will be done in a phased schedule that may require the issuance of up to three construction contracts. The elevators have proven increasingly unreliable and are out of service on an increasing frequency. The existing motors and controls operate with direct current (DC), which is not the current state of the art elevator design. The motors and control will reach the end of their economic life within the next five to ten years ARCHITECTURAL AMENDMENT: The project is divided into three phases, and will require approximately one year for completion. The building must remain open to the public, and departmental operations continue during construction. It is anticipated that normal construction phase architectural services will not be adequate to ensure the timely completion of the project with minimal disruptions. The proposed amendment provides for thirteen hours of construction management per week. The total not to exceed fee will be $39,500. The City will be invoiced only for actual hours worked. The hourly rate established by the amendment is: · Staff Construction Manager (10 hrs.ANk, for 50 wks) $50.00/hour; · Senior Construction Manager (2 hrs./wk, for 50 wks) $90.00/hour; and · Principal (1 hr./wk, for 50 wks.) $110.00/hour. PRIOR COUNCIL ACTIONS: November 11,2003- a. Ordinance appropriating $60,000.00 from unappropriated settlement proceeds in the No. 3160 City Hall CIP Fund to provide funding for architectural services for the City Hall Renovation Phase 1 Project; Amending the FY 2003 Capital Budget adopted by H:~-IOME~EVINS\GEN\CITYHALL~2OO4Renova[ions~AwdBkgExhA.doc I'--~xhlBIT/~ I P~ge 1 of 3 Ordinance 025144 by increasing appropriations by $60,000.00; and declaring an emergency (Ordinance No. 025548). b. Motion authorizing the City Manager, or his designee, to execute an architectural services contract with Dykema Architects, Inc., of Corpus Christi, Texas in an amount not to exceed $60,000 for City Hall Renovation Phase 1 Project (M2003-401). Apd113, 2004- a. Ordinance appropriating $210,000.00 from unappropriated settlement proceeds in the No. 3160 City Hall CIP Fund to provide funding for architectural services for the City Hall Renovation Phase 2 Project; Amending the FY 2004 Capital Budget adopted by Ordinance 025647 by increasing appropriations by $210,000.00; and declaring an emergency (Ordinance No. 025715). b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the architectural services contract with Dykema Architects, Inc., of Corpus Christi, Texas in an amount not to exceed $194,000 for City Hall Renovation Phase 2 Project. (M2004-150). June 24, 2004- a. Ordinance appropriating $30,000.00 from unappropriated settlement proceeds in the No. 3160 City Hall CIP Fund to provide funding for architectural services for the City Hall Renovation Phase 2 Project; Amending the FY 2004 Capital Budget adopted by Ordinance 025647 by increasing appropriations by $30,000.00; and declaring an emergency (Ordinance No. 025809). b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the architectural services contract with Dykema Architects, Inc., of Corpus Christi, Texas in an amount not to exceed $26,600 for City Hall Renovation Phase 2 Project (M2004-238). PROJECT SCHEDULE: The contract requires that work be completed within 365 calendar days from the notice to proceed date. The project will be phased to minimize disruption to operations. The project is tentatively sequenced into four phases. Phase 1 is divided into Phase lA and Phase lB. Phase lA will require approximately 98 calendar days, Phase lB will require approximately 89 calendar days. The two phases includes work on the basement, first floor, second floor, third floor, fourth floor, fifth floor and sixth floor. The work areas include Copy Rooms, Meter Reading, Field Services, the Utility Business Office, Senior Community Services, Restrooms, the entire third floor, Finance, and Purchasing, Fifth floor work includes the areas occupied by the City Manager, Neighborhood Improvement, Assistant City Mangers, Budget and some Risk Management. Sixth floor work is limited to elevators. Phase 2 will require approximately 106 calendar days. Phase 2 includes work on the first and second floors. The work involves the spaces currently occupied by the City Secretary, Mayor, Park and Recreation Administration, Human Resources and Recreation. Phase 3 will require approximately 72 calendar days. That work will includes the first floor, second, third, fourth, and fifth floors. This phase includes public, common areas on those floors. Phase 3 work includes the areas occupied by MIS, Risk Management, and Legal Departments. Ex-H'" T ^ t Page 2 of 3 H :~HO M E~<EVI NS\G E N\CITYHALL~004 Re nova[ions~Awd Bkg ExhA.doc The contractor will be working closely with the project architect and manager to ensure the work sequence schedule facilitates the work while allowing continued departmental operations. The contractor will develop any proposals to alter the current phasing schedule for review by the project architect and City to ensure that the changes represent an improvement over the current phasing. BIDS: The City received and publicly opened one bid on Wednesday, October 27, 2004. See Exhibit D. Inquiry was made to firms holding plans that did not submit bids. Most firms indicated they did not have the capacity to bid on additional projects at this time. The project was bid as a total base bid with two additive alternates. The additive alternates were for duct cleaning and waterproofing the building exterior. The alternates address the following: · Additive Alternate No. 1 - Clean ducts; and · Additive Alternate No. 2 - Provide waterproof coating to building exterior. Courtesy dock with pilings, floating docks, gangways and fixed timber decks; The sole bid was in the amount of: Base Bid $3,398,900 Additive Alternate No. 1 $51,000 Additive Alternate No. 2 $75,000 Total $3,524,900 The architect's opinion of probable cost was $4,205,020. However, the opinion of probable cost included $100,000 in furniture and fixtures that was not part of the contract as bid. The architect also included a 15% contingency factor. If these two factors are eliminated the bid is approximately $300,000 less than anticipated. CONTRACTOR EVALUATION: Barcom Commercial is a well regarded local contractor. They have specialized in commercial type buildings. They have extensive experience in this type of project, and began business as a commercial finish subcontractor. They have successfully completed a number of projects for the City, school districts, and military bases. RECOMMENDATION: Approval of the ordinances and motions as presented. The construction award is for the base bid and additive alternates #1 and #2 to Barcom Commercial. H :~-IOME'd(EVINS\GE N\CITYHALL~004Re n ovalio n s~Awfl B kg ExhA.doc ExHiBIT A. t Page 3 of 3 CITY HALL RENOVATION AND SPACE UTILIZATION - PROJECT No. 4311 PROJECT BUDGET November 16, 2004 FUNDS AVAILABLE: City Hall ClP Fund FUNDS REQUIRED: Construction Cost (Malek, Inc.) Construction Contingencies (8.5%) AE Consultant (Dykema Architects) Construction Management (Dykema Amendment No. 4) Testing Engineering Reimbursements Administrative Reimbursements Incidental Expenses (Printing, Advertising, etc.) ESTIMATED BUDGET $ 4,202,450.00 Total $ 4,202,450.00 $ 3,524,900.00 300,000.00 281,580.00 39,500.00 N.A. 12,500.00 35,000.00 9,000.00 Total $ 4,202,480.00 EXHIBIT"B" Page 1 of 1 Tabulalion of Bids D~pastn~-nt of Engineenng - City of Co.us Christi, Texas Tabulaled by: Angel R. Escobar. P.E, Director of Engineering Service~ Date: Novembo' 3, 2004 City Hall Renovation and Space Utilization Proj~t No. 4311 Quanti~ Additive Alternate I Clean Duct Additive Alteruate 2 Provide Water Rel:~!lent Coating Remove existing acoustic ceiling suspension grid and provide new ta match cx~sting adjacent grid Remove existing acoustical ceiling panels and provide new to ma~h exisling adjacent ceiling panels to remain Remove existing and provide new 6 inch diameter flex duct bei-,veen sectmdary supply branch duct~vork and supply grilles Remove existing and provide new 8 inch diameter Remove exksting and provide r~w 10 tach diameter flex duct be~veen secondary supply branch duci'work and supply grilles ~ Remove existing and provide new 8 inch dia-aete~ flex duct between pnmm~ supply ductwork and VAV boxes · :x duct between, primmT supply duetwofk and VAV boxes Remove existing and provide n~w i2 inch diameter flex duo. belweam prnnary supply du~ ~d VAV ~x~ TOTAL B~E B~ + ~D- ~T. I - 2 Page I of I Time of Completion: 365/Calendar Days Engine:ets' Eathnate: $3,831.836.00 hrco~ Col~e~, Inc. 1710 S,P.LD, Sult~ B Corpus Chr~ TX 7~16 Unit Unit Price Amount $ 3,398,900.00 $ 3~398,900.00 $ 51,000.00 $ 51,000.00 $ 75,000.00 $ 75,000.00 I LF $ 1.15 $ 115 LF $ 10.35 $ 1035 LF $ 7.16 $ 7.16 LF $ 7.35 $ 7.35 LF $ 7.67 $ 7.67 LF $ 7.99 $ 7 99 LF $ 33.52 $ 33.52 LF $ 33.79 $ 33.79 LF $ 33.98 $ 33.98 LF $ 34 05 $ 34.05 s 3,s2,1,~Q.oo Exhibit C { Page 1 of 1 lqle : \Mproject\councilexh~its\exh431 I- 2_dw9 NUECES BAY LOCATZON MAP NOT TO S~ PROJECT LOCATZON N CORPUS CHRISTI BAY C£TY PROJECT No. 4311 VZCZNZTY MAP NOT ~ SCALE EXHZBZT "O" CITY HALL RENOVATIONS CITY OF CORPUS CHRISTI, TE~ CZTY COUNC£L EXHr. BZT DEPARTI~ENT OF ENGINEERING SERVICES PAGE: I of 1 OATE: 11-09-200~ ORDINANCE ORDINANCE APPROPRIATING $3,920,900 FROM THE UNAPPROPRIATED CLAIM SETTLEMENT FROM CITY HALL ClP FUND NO. 3160 FOR THE CITY HALL RENOVATION PHASE 2 PROJECT; AMENDING CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 025647 BY INCREASING APPROPRIATIONS BY $3,920,900; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $3,920,900 from the unappropriated claim settlement from the City Hall CIP Fund No. 3161 is appropriated for the City Hall Renovation Phase 2 Project. SECTION 2. That Capital Budget adopted by Ordinance No. 025647 is amended to increase appropriations by $3,920,900. 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 Arrnando Chapa City Secretary APPROVED: j~' 2004 JISh,h P_ Burke, Jr. AY,~istant City Attomey For City ^ttomey Samuel L. Neal, Jr. Mayor J~t u rie~Jo hl~u r ll~\O~dJ aa uc~Re~pp r~h~l~ cente~.lla 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, 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 10 AGENDA MEMORANDUM DATE: November 16, 2004 SUBJECT: J.C. Elliott Landfill - Groundwater Monitoring & Sampling (Project #5172) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a geotechnical services agreement with Trinity Engineering/Kleinfelder, Inc. in an estimated amount not to exceed $136,225 for the J. C. Elliott Landfill Groundwater Monitoring and Sampling - 2004 & 2005. ISSUE: The Texas Commission of Environmental Quality (TCEQ) requires groundwater sampling and monitoring to be undertaken in accordance with the approved Groundwater Sampling and Analysis Plan (GWSAP). RECOMMENDATION: Approval of the motion as presented. JRt. E~scobar, P.E. Director of Engineering Services Attachments: a. Additional Information b. Contract Summary c. Site Map H:~'IO M E-~K EVIN S\G E N~AN DFILL\GWSA P ~ 004~_a bAWD Mere o doc ADDITIONAL INFORMATION BACKGROUND: SUMMARY: TCEQ requires the installation of groundwater monitoring wells around solid waste landfills. The wells must be monitoring to ensure there is no migration of leachate offthe landfill site. Landfill cells are designed to prevent the flow of groundwater into and out of disposal cells. Modern disposal cells are constructed with liners and leachate collection system to allow any water to be collected for treatment, There are seventeen (17) groundwater monitoring wells located at J. C. Elliot Landfill. The Groundwater Sampling and Analysis Plan (revised March 5, 2002) sets for the sampling requirements and procedures sampling and analysis. The GWSAP requires semi-annual monitoring of the groundwater wells. CONTRACT: The details of the monitoring are indicated in the contract summary. See Exhibit B. PRIOR COUNCIL ACTION: Approval of the FY2004 Capital Budget, Ordinance No. 025647. CONSULTANT SELECTION: Kleinfelder, Inc. is extremely familiar with the J. C. Elliot Landfill. This firm has p~ovided geotechnical and laboratory services at J. C. Elliott Landfill for several years. They have been active in the construction of disposal cells and the installation of the monitoring wells. They are thoroughly familiar with TCEQ landfill regulations. FUNDING: Funding is available from Sanitary Landfill CIP Fund. H:~HO M E~(E'VIN S\GE N~LANDFILL~WSAP~004 ~LabAWDB KG EXA doc EXHIBIT "A" Page 1 of 1 EXHIBIT B CONTRACT SUMMARY TASK 1 Detection Monitorinq & ReportinR Detection monitoring of the existing 17 monitonng wells on semi-annual basis in accordance with the Ground Water Sampling and Analysis Plan, Revision 5, dated March 2002. Tasks will include planning/preparation, mobilization, initial well gauging, pump/equipment setup, Iow flow purging, sampling, qualit7 control, decontamination, and waste disposal. Consultant will employ the services of an independent laboratory for testing and analysis. A Groundwater Monitoring Report for each event will be prepared including data tables, groundwater contour maps, field data sheets, quality control summaries, TCEQ groundwater forms and laboratory reports. TASK 2 Annual Well Maintenance Consultant will implement a well re-development activity one time each year to prevent or minimize clogging of the well screen and filter pack. Tasks will consist of purging each well at a high flow rate to force water to flow through the filter pack and screen. Water will be collected and disposed of at the leachate collection unit. TASK 3 Amendments to GWSAP Consultant will prepare amendments to streamline future work and to optimize TCEQ policies related to GWSAP. The amendments to be prepared for City considerations are: 1. provisions for verification re-sampling when statistically significant concentrations are ~ observed in inorganic indicators. 2 allowing the executive director to reduce the number of analytes if there is no reason to suspect they are in the wastes to remove VOCs automatically if they have never been detected. 3. updating the upper prediction limits used in statistical analysis once every two years. 4. change the inorganic constituents analysis from graphic furnace atomic absorption (GFAA) to inductively coupled plasma (ICP) which has become faster and cheaper while maintaining the same detection limits. This will facilitate analysis of split laboratory quality assurance as many labs no longer use GFAA or have access to that equipment. TASK 4 Updatinq the Upper Prediction Limits Natural background concentrations of predictors in groundwater are used as the upper prediction limit for samples from groundwater monitoring wells. The background concentrations have not been updated since July 1999 (MW1-14) and July 2000 (MW15-17). TASK 5 Verification Re-samplinq and/or Assessment Monitorinq Verification re-sampling is allowed if excessive inorganic constituents are detected for two consecutive semi-annual monitoring events. Over the previous contract pedod verification re- sampling was required for two wells. TERM Monitoring services will be provided for a term of two years unless extended by amendment of this agreement. Exhibit B Page 1 of 2 H:~HOME~KEVINS\GEN~ANDFILL\GWSAP~OO4~_abAWDSumExflB.doc ESTIMATED COSTS Description Task 1: Semi-Annual Monitoring Event Task 2: Well Maintenance Task 3: Amendments to GWSAP Task 4: Upda[ing Upper Prediction Limits Task 5: AssessmentJVedfication Monitoring Not I~o Exceed To~l (2 Years) Es[imated Fee 26,350.00 5,625.00 8,400.00 16,800.00 2,780.00 $136,228.00 Exhibit B Page 2 of 2 H:~-IOMIE~(EVINS\GE N~J~,ND FILL\GWSAP~ 004U_abAWDS um ExhB,d oc \ Mproject \ councilexhibits \ exh5172.dwg HVY 44 Z AGNES C~]2PUS CI'bRISTI INTERNATIDNAL AIRP~T NUECES BAY IH37 DSD CREEK N CORPUS CHRISTI BAY ELLIOTT LANDFILL F,M. 43 FM ~444 SITE LOCATION N.T.S. ,J. C. ELLZOTT LANDFILL GROUNDWATER MONZTORZNG and SAMPLING CiTY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEP,~RTME?,~i' OF E~IGINEERING SERVICES PAGE: I of 1 DA~: 11-0~-2004 11 AGENDA MEMORANDUM November 16, 2004 SUBJECT: Port Avenue Street Light Installation (Sam Rankin to Tancahua) (Project #3264 - Street Project #6297) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an Aide to Construction Agreement for Port Avenue Street Light Installation (Sam Rankin to Tancahua) with American Electric Power in an amount not to exceed $47,720.00 for Port Avenue Street Light Installation (Sam Rankin to Tancahua). FUNDING: Funding is available from the Street Capital Improvement Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. Director - Engineering Services Attachments: Exhibit A - Additional Information Exhibit B - Location Map H:~-IOME~EVINS\GEN~STREETS~PorlAven ue~S[ree[Ligh[Memo.doc ADDITIONAL INFORMATION PRIOR ACTIONS: October 26, 2004 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 7 to the Seawall Contract B-2B with Gunther-Nash, Inc. of St. Louis, Missouri in an amount not to exceed $120,000.00 for Port Avenue Concrete Repairs. BACKGROUND: Port Avenue is being promoted as an access route from I.H 37 to the American Bank Center, Convention Center, Concrete Amphitheater, and Solomon Ortiz Center. Concrete repairs have been completed, and Port Avenue served as an access route during Cher Concert on November 7, 2004. The future opening of Whataburger Field April 2005 also generates the need for additional enhancements. PROJECT DESCRIPTION: AEP will install a total fourteen (14) streetlights between U.S. 181 and Sam Rankin Two of the lights will be located on North Tancahua. The lights to be installed will be 27,500 lumen high pressure sodium fixtures and brackets on 40-foot concrete poles. Five existing 250 watt street lights will be removed. The work is being done per state tariff. RECOMMENDATION: Approval of the motion as presented. Exhibit A Page 1 of 1 H ~HOME~EVINS\GEN~STREETS~PoHAvenueLStreelLightBkgExhA doc NUECES BAY PROJECT LOCATION N CORPUS CHRISTI BAY LOCATION MAP NOT TO SCALE PROJECT SITE U.S.S. LE)qNGTON ,N CITY PROJECT No.3264/6297 VICINITY MAP NOT TO SCALE PORT AVE STREET LIGHT INSTALL- A TION (Sam Rankin to Tancahua) CGRPU$ CHRISTI EXHIBIT 'B' CITY COUNCIL EXHIBIT OEP~ENTOFENGINE~ING SERVIC~ PAGE: I of 1 12 AGENDA MEMORANDUM November 16, 2004 SUBJECT: Seawall Reconstruction Project - Contract C (Project #3171 ) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an engineering materials inspection, testing and laboratory contract with Fugro Consultants, L.P. of Corpus Christi, Texas, in the amount of $65,940.00 for the Seawall Reconstruction Project Contract C - Peoples Street to Coopers Alley (Marina Reach). FUNDING: Funding is available from the Seawall Capital Improvement Fund and Marina Grant Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. Date Attachments: Exhibit A - Additional Information Exhibit B - Preliminary Budget Exhibit C - Location Map H:~HOME~,'(EVlNS\GEN~SEAWALL\C MarinaReach~LabMemo doc ADDITIONAL INFORMATION PRIOR ACTIONS: This project has involved a number of complex actions. The most significant Council and administrative actions are attached. See Exhibit A-I. FUTURE COUNCIL ACTION: · Seawall Reconstruction Contract D (Coliseum to Holiday Inn). PROGRAM SCOPE: The project consists installing new sheet piling, installing flowable fill under the seawall, new reinforced concrete caps doweled to the existing seawall, repair of cracks and spalls, expansion joint replacement, installing hydrostatic relief systems, demolition and reconstruction of curb inlets, curb and gutter and the seawall apron (sidewalk). Engineering inspection, testing and laboratory services are necessary to ensure the materials incorporated into the project comply with the engineering design and specifications. The use of engineering laboratories is necessary for most public works projects. CONTRACT: The contract is based on a not to exceed fee with the Consultant being paid only for the actual work to be performed. Sampling and testing will include concrete, flowable fill, compacted backfill, and protective polyurea coatings. LABORATORY SELECTION: Fugro Consultants has extensive experience with construction along the bay front. They performed the geotechnical analysis for all of the Seawall phases. They have also been the engineering materials inspection and testing laboratory for the other Seawall Contract projects. Exhibit A Page 1 o[ 1 H:~-IOME~EVINS\GEN~EAWALL\C MadnaReach%abBkqExhA doc PRIOR ACTIONS PRIOR COUNCIL ACTIONS: 1 November 25, 1997 - Approval of seawall investigation and use of Gateway proceeds (M97- 347); 2. March 24, 1998- · Motion authorizing the execution of a contract in the amount of $36,804 with Bracco Construction Co. for Seawall Inspection at Panels 205 and 206 (M98-084); · Motion to authorize award of a seawall condition assessment in amount of $386,000 to Shiner Moseley and Associates, Inc. (M98-085); · Motion to authorize execution of a Contract for Geotechnical, Laboratory, and Petrography Services related to the Seawall Investigation Project with Bacon Engineering, Inc. for a fee not to exceed $49,000 (M98-086)i and · Motion to authorize execution of a Contract for Non-Destructive/Non-lnvasive Investigation Services for the Seawall Investigation Project with W. G. Jaques Company for a fee not to exceed $86,210 (M98-087). 3 May 29, 2001 - · Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 for engineering services in the amount of $581,000 with Shiner Moseley and Associates, Inc. for the Pilot Seawall Reconstruction Project (Contract A) and Seawall Reconstruction Project B-1 (M2001-208); and · Motion authorizing the City Manager, or his designee, to execute a geotechnical and materials testing contract in an amount not to exceed $79,602 with Fugro South, Inc. (Gulf Coast Testing Laboratory) for the Pilot Seawall Reconstruction Project (Contract A) and Seawall Reconstruction Project B-1 (M2001-209). 4 January 15, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 6 for engineering services in the amount of $87,700 with Shiner Moseley and Associates, Inc. for the Pilot Seawall Reconstruction Project (Contract A) and Seawall Reconstruction Project B-1 (M2002-022). 5 April 30, 2002 · Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $6,127,099.50 with Laughlin Environmental, Inc. for the Seawall Reconstruction Project Pilot Program and Contract B-1 (M2002-123). · Motion authorizing the City Manager, or his designee, to execute an engineering materials and construction contract with Fugro South in an amount not to exceed $49,700 for the Seawall Reconstruction Project Pilot Program and Contract B-1 (M2002- 124). · Motion authorizing the City Manager, or his designee, to execute Amendment No. 7 with Shiner Moseley and Associates, Inc. in the amount of $127,100 for additional construction inspection and management services contract for the Seawall Reconstruction Project Pilot Program and Contract B-1 (M2002-125). 6. October 29, 2002 · Motion authorizing the City Manager, or his designee, to execute Amendment No. 8 in the amount of $2,214,900 with Shiner Moseiey and Associates, Inc. for the Seawall Reconstruction Project B-2 (Pa~ A and Part B) - (M2002-360). · Motion authorizing the City Manager, or his designee, to execute a geotechnical services contract in an amount not to exceed $126,820 with Fugro South, Inc (M2002-361). 7. November 19, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 9 to an engineering contract with Shiner Moseley & Associates, Inc. of Exhibit A-1 Page 1 of 3 H \H~)MEtKEVINS\C~EN\SEAWALL\C MarinaRe~ch\LabPriorAclionsExhAl .doc Corpus Christi, Texas in the amount of $84,748 for the Blucher Arroyo Storm Water Drainage Structure Condition Assessment (M2002-383). 8. March 4, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No 11 to an engineering contract with Shiner Moseley & Associates, Inc. of Corpus Christi, Texas in the amount of $140,400 for the design, negotiation, and construction administration for: Repair of Blucher Arroyo Storm Water Drainage Structure, Modification of the Seawall Area, Sidewalk and Curb Re--grading, Storm Water Collection, Drainage and Outfall for the Seawall Pilot and Contract B-l; and Modifications to the Seawall Area Storm Water Outfall System at McGee Beach (M2003-091). 9. June 24, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 12 to an engineering contract with Shiner Moseley & Associates, Inc. of Corpus Christi, Texas in the amount of $158,154 for Storm Wa[er Collection and Out'fall Lines Condition Assessment (M2003-227). 10. Auqust 26, 2003 - a. Motion authorizing the City Manager, or his designee, to execute a construction contract with Laughlin Environmental, Inc. of Houston, Texas, in the amount of $4,219,200.00 for the Seawall Reconstruction Project Contract B-2, Part A, Lawrence Street T-Head and Coopers Alley L-Head Repairs. (M2003-302) b. Motion authorizing the City Manager, or his designee, to execute an engineering materials testing and inspection contract with Fugro South, Inc., in an amount not to exceed $37,240.00 for the Seawall Reconstruction Project Contract B-2, Part A, Lawrence Street T-Head and Coopers Alley L-Head Repairs. (M2003-303) c. Motion authorizing the City Manager, or his designee, to execute Amendment No. 14 to the engineering services contract with Shiner Moseley and Associates, Inc., in an amount not to exceed $1,950,000.00 for design of Seawall Contract C (Marina Reach) and post construction underwater survey services for Contract B- 2. (M2003-304) 11. December 16, 2003 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Gunther-Nash, Inc. of St. Lewis, Missouri, in the amount of $9,900,080.58 for the Seawall Reconstruction Project Contract B-2, Part B, Power Street Outfall to Peoples Street (M2003-454). 12. February 17, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 15 to the engineering services contract with Shiner Moseley and Associates, Inc., in an amount not to exceed $1,181,100.00 for design and construction phase services for the Seawall South Reach project (Contract D - Cooper Alley L-Head to South End of McGee Beach) (M2004-063). 13. September 14, 2004 - Motion authonzing the City Manager, or his designee, to authorize an agreement with American Electric Power (ALP) in the amount of $140,543.12 for the Street Lighting System for the Seawall Reconstruction Project Contract C - Peoples Street to Coopers Alley. 14. September 21, 2004 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 5 to the Seawall Contract B-2B with Gunther-Nash, Inc. of St. Louis, Missouri in the amount of $222,212.00 for backfill of existing voids and installation of approximately 14,500 square feet of reinforced concrete paving on the Coopers Alley L- Head. 15. November 9, 2004 - Motion authorizing the City Manager, or his designee, to execute an engineering materials inspection, testing and laboratory contract with Fugro Consultants, L.P. of Corpus Christi, Texas, in the amount of $65,940.00 for the Seawall Reconstruction Project Contract C - Peoples Street to Coopers Alley (Madna Reach). Exhibit A-1 Page 2 of 3 H:~-IOME~(EVINS\GEN~EAWALL\C-Marin~ReaCh~_abPriorActionsExhA1 .doc PRIOR ADMINISTRATIVE ACTIONS: 1. June 8, 1998 - Award of Amendment No. 1 (additional testing) in amount of $13,470 to Bacon Engineering, Inc, [or Geotechnical, Laboratory, and Petrography Services related to the Seawall Investigation Project; 2 February 11, 1999 - Award of Amendment No. 1 (Backwater Levee Gate Report) in amount of $14~350 o[ seawall condition assessment contract with Shiner Moseley and Associates, Inc.; 3 Auqust 26, 1999 - Award of Amendment No. 2 (Design of Backwater Levee Gate Structures) in amount of $-0- (change of scope) of seawall condition assessment contract with Shiner Moseley and Associates, Inc.; 4 December 8, 1999 - Award of Amendment No. 3 (Backwater Levee Gate Structures Foundation and Railroad coordination) in amount of $14,350 of seawall condition assessment contract with Shiner Moseley and Associates, Inc.; and 5. March 27, 2000 - Award of Amendment No. 4 (Backwater Levee Gate Structures Construction Phase) in amount of $13,330 of seawall condition assessment contract with Shiner Moseley and Associates, Inc. 6. December 12, 2002 - Award of Amendment No. 10 (Connection Capacity between New and Existing Pile Cap) in amount of $13,000 of seawall condition assessment contract with Shiner Moseley and Associates, Inc. 7 June 10, 2003 - Award of testing contract for concrete evaluation of Pilot Program in the amount of $5,632.78 to Wiss, Janney, Elstner Associates, Inc. of Northbrook, Illinois. 8. July 3, 2003 - Award of Amendment No. 13 (storm water condition assessment traffic control) in amount of $24,950 of seawall condition assessment contract with Shiner Moseley and Associates, Inc. 9. July 10, 2003 - Award of Amendment No. 1 to a testing contract for concrete evaluation of Pilot Program in the amount of $10,301.73 to Wiss, Janney, Elstner Associates, Inc. of Northbrook, Illinois. 10. July 31, 2003 - Award of Amendment No. 2 to a testing contract for concrete evaluation of Pilot Program in the amount of $9,054.34 to Wiss, Janney, Elstner Associates, Inc. of Northbrook, Illinois. Exhibit A-1 Page 3 of 3 H \HC)ME\KFVIN.~\~EN~SEAWALL~CJ~4adnaReach\LabPdorAc~ionsE~rhA1 doc Seawall Reconstruction Project - Contract C Peoples Street to Coopers Alley (Marina Reach) (Project #3171) Preliminary Project Budget November 16, 2004 FUNDS AVAILABLE: Seawall CIP Fund Marina Grant Fund Total 13,025,458.48 500,000.00 3,025,458.48 FUNDS REQUIRED: Construction Contract Project Contingency (5%) QA/QC Testing Contract Engineering Design/Permit A/E Amendment No. 14 Amendment No. 14 -Additional Services Engineering Total Construction Inspection (in NE contract) Survey (in NE contract) Engineering Project Liaison Incidental Expenses (Printing, Advertising, etc.) Total 1,140,700.00 935,300.00 10,280,518.48 514,000.00 65,940.00 2,076,000.00 0.00 0.00 65,000.00 24,000.00 13,025,458.48 H :~-IO ME~KEVI NS\GEN ~S EAWALL\C-M a rin area ch~Awd Budget Exh B .wpd EXHIBIT"B" Page 1 of 1 File : \Mproject\councilexhibits\exh$171.dwg N " CONTRACT C BASE BID LAWRENCE STREET ADD AL T NO I ADD ALT NO 2 ADD ALT NO 3 MA~EE BEACH CITY PROJECT No. 3171 VICINITY MAP NOT TO SCALE EXHIBIT "C" SEAWALL RECONSTRUCTION PROJECT- CONTRACT ' C' (Peoples to Coopers Alley) CFFK OF CORPUS CHRIST~. TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERYTCE$ PAGE: I of 1 DATE; ! 1-16-2004 13 AGENDA MEMORANDUM DATE: November 16, 2004 SUBJECT: McKinzie Road Widening Project (Project No. 6239) Advanced Funding Agreement AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an Advanced Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $0 for the McKinzie Road Widening Project. ISSUE: The State of Texas, acting through the Texas Department of Transportation, has agreed to enter in an Advance Funding Agreement with the City of Corpus Chdsti. The City's participation is to provide the needed right-of-way, including easements and cost of all utility adjustments or relocations required for the McKinze Road Widening Project. FUNDING: Funding from the City of Corpus Christi is not required for the Advanced Funding Agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Advanced Funding Agreement Exhibit "C" Location Map BACKGROUNDINFROMATION SUBJECT: McKin7ie Road Widening Project (Project No. 6239) Advanced Funding Agreement PRIOR COUNCIL A~TION: 1. Auqust 1992 - OiLy Council Resolution accepting the provisions of Texas Transportation Commission Minute Order 101085 pertaining to the construction of street improvements on McKinzie Road and Violet Road. 2. June 1993 - Approving acquisition of right-of-way Parcels 2, 2b, and 6 from Charter Bank Northwest. 3. September 28, 1993 - Ordinance authorizing the City Manager, or his designee, to execute an Escrow Agreement in the amount of $1,232,379.56 with the Texas Department of Transportation (TXDOT) for the City's estimated share of construction costs associated with the improvements to McKinzie Road from Haven Ddve to McKinzie Lane (entrance to Castle River Subdivision; and declaring an emergency (Ordinance No. 021761 ) PRIOR ADMINISTRATIVE ACTION: None. PROJECT BACKGROUND: On June 22, 1992, Minute Order No. 101085 designated the extension of FM 3386 from 2.6 miles south of IH 37 to IH 37 as part of the State Highway System as a Farm to Market Road upon acceptance of the terms and conditions of the minute order and the award of the construction contract. The City of Corpus Chdsti passed Ordinance No. 021761 on September 28, 1993 which initiated the commencement of the McKinzie Road Improvements. The first segment or the McKinT_Je Road improvements was completed in June 1996. The proposed project addressed in this Advance Funding Agreement is for the second segment o[ the McKinzie Road Improvements as identified in Minute Order No. 101085. PROJECT DESCRIPTION: The project will consist of the construction of two (2) 12-foot t~avel lanes with 10-1~oot shoulders on FM 3386, including adght and left-rum lane at the Equistar Refinery entrance. The City's participation is to provide the needed right-of-way for this project and any utility adjustments or relocations required. The proposed project is scheduled for construction letting in Apdl 2005. WORK RESPONSIBILITIES: The City of Corpus Chdsti will be responsible for the following two (2) items: 1 One hundred percent (100%) of the right-of-way, including easements that are required for environmental mitigation, clear of obstructions and tree of cost to the State with acquisition procedures to be in accordance with policies of the State and with applicable federal and state laws governing the acquisition policies for acquiring real property. One hundred percent (100%) of the cost of all utility adjustments as may be required in accordance with policies of the State. Foltowing is a detailed breakdown of the costs for the proposed project, which includes construction i~ems and engineering and contingencies (E&C): DESCRIPTION Construction Engineering and Contingencies (Eslimated at 1 1.5% of construction) Engineering and Contingencies Indirect Costs (Estimated at 6.21% of construction) Total TOTAL COST PARTICIPA~ON ES~MATE FEDERAL STATE LOCAL $1,645,800 $1,316,640 $329.160 $0 230,000 184.000 46,000 0 124,200 99,360 24,840 0 $2,000,000 $1,600,000 $400,000 $0 FUNDING: Funding from the City of Corpus Chdsti is not required for the Advanced Funding Agreement. STATE OF TEXAS COUNTY OF TRAVIS LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For McKenzie Road Widening Project CS J: 3364-01-010 Project Name: McKenzie Rd Funding Category: 2 ORItltNAL THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Corpus Chdsti, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order 73267, 101085 and 109460 that provides for the development of, and funding for, the project describe herein; and, WHEREAS, the Goveming Body of the Local Govemment has approved entering into this LPAFA by resolution or ordinance dated , which is attached hereto and made a part hereof as Attachment A for development of the specific project which is identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agrccd as follows: AGREEMENT 1. The pedod of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3. Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. Scope of Work The scope of work for this LPAFA is described as roadway widening to two (2) 12 foot travel lanes with 10 foot shoulders on McKenzie Road from 2.6 miles South of IH 37 to Haven Ddve in Corpus Chdsti. 5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in the Master Agreement, without exception. ! EXHIBIT "B" I Page 1 of 6 LPAFAShortGen.doc Page I of 6 Revised 2/2_/04 CS J: 3364-01-010 Project Name: McKenzie Rd Funding Category: 2 6. Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement without exception. 7. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement, without exception. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services will be provided by the State, as stated in the Master Agreement, without exception. The State is responsible for performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities will be carded out by the State, as stated in the Master Agreement, without exception. 11. Project Maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute dollar amount to be contributed to the project by federal, state, and local sources. c. The Local Government is responsible for all non-federal and non-state funding, including all project cost overruns, unless otherwise provided for in this Agreement or through amendment of this Agreement. d. After execution of this LPAFA, but pdor to the performance of any work by the State, the Local Govemment will remit a check or warrant made payable to the "Texas Department of Transportation "in the amount specified in Attachment C as the local contribution for Preliminary Engineering. The Local Govemment will pay at a minimum its funding share for this estimated cost of preliminary engineering as stated in the Local Project Sources and Uses of Funds provision of the Master Agreement. e. Sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs and any others costs owing. f. In the event the State determines that additional funding is required by the Local Govemment at any time dudng the development of the Project, the State will notify the Local Government in writing. The Local Govemment will make payment to the State within thirty (30) days from receipt of the State's wdtten notification. g. If any existing or future local ordinances, including, but not limited to, outdoor advertising billboards or storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or any other locally proposed changes, including, but not limited to plats or replats, result in increased costs, then, any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing such dght of way acquired by the State shall mean the total expenses in acquiring the property interests either I EXHIBIT"B" I LPAFAShortGen.doc Page 2 of 6 Paoe 2 of 6 CS J: 3364-01-010 Project Name: McKenzie Rd Funding Category: 2 through negotiations or eminent domain proceedings, including expenses related to relocation, removal, or adjustment of eligible utilities. h. The State Auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. 13. Document and Information Exchange. The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft~ Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Govemment creates the documents with its own forces or by hiring a consultant or professional provider. 14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein. 15. Signatory Warranty. The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: (Signature) Title: Date: THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Janice Mullenix Director of Contract Services Section Office of General Counsel Texas Department of Transportation Date: LPAFAShortGen.doc Page 3 of 6 EXHIBIT "B" I Page 3 of 6 ATTACHMENT A Resolution of Local Govemment Approving This LPAFA CS J: 3364-01-010 Project Name: McKenzie Rd Funding Category: 2 Page 4 of 6 EXHIBIT "B" I Page 4 of 6 Attfichment B Texas Department of Transportation END PROJECT CSJ: 3364-01 -010 MP: 1 . 359 RM: 608+0, 816 BEGIN PROJECT CSd: 3364-01-010 ~...~ MP: 4. 190 ",. RM: 608+02. 008 PROdECT LOCATION ~.......... ~.~CORPUS CHRISTI HWY: FM 3386 CS J: 3364 -01-010 COUNTY: NUECES LIMITS: FROM: END TO: HAVEN MAP OF FM 3386 DRIVE Page 5 of 6 ATTACHMENT C CS J: 3364-01-010 Project Name: McKenzie Rd Funding Category: 2 Project Background, Estimate and Source of Funds On June 22, 1992, Minute Order No. 101085 designated the extension of FM 3386 from 2.6 miles south of IH 37 to IH 37 as a part of the State Highway System as a Farm to Market Road upon acceptance of the terms and conditions of the minute order and the award of the construction contract. The Local Government passed and approved Ordinance No. 021761 initiating the commencement of the McKenzie Road improvements. The first segment of the McKenzie Road improvements was completed in June 1996. The Project addressed in this Agreement is for the second segment of the McKenzie Road improvements as identified in Minute Order No. 101085. The Project addressed in this Agreement is to construct two (2) 12 foot travel lanes with 10 foot shoulders. The Project will be funded out of Category 2 funds. The City's participation is to provide the needed right of way for this project and the any utility adjustments or relocations required for this project. The State has estimated the project to be as follows: Description Total Estimate Cost Federal State Local Participation Participation Participation % I Cost % I Cost % I Cost I Ccmstructio~ I $1,645,800 I 80% I $1,316,640 I 20% I $329,160 I 0% I 01 Engineering & Contingencies (E&C) (Es§ma[~:l ~11.5% of consfllJcflon) E & C Indirect Costs - (Estimated @ 6.21% of construction) (No local participation requirement) TOTAL 230,000 124,200 $2,000,000 80% 164,000 20% 46,000 0% 0 80% 99,360 20% 24,640 0% 0 $1,600,000 $400,000 $0.00 It is understood that the proposed improvements will be done by the State. The Local Govemment will provide: a. One hundred percent (100%) of the dght of way, including easements that are required for environmental mitigation, clear of obstructions and free of cost to the State with acquisition procedures to be in accordance with policies of the State and with applicable federal and state laws goveming the acquisition policies for acquiring real property. b. One hundred percent (100%) of the cost of all utility adjustments as may be required in accordance with policies of the State. LPAFAShortGen.doc I EXHIBIT"B" I Page6of6 _ Page6of6 F~le : \Mproject\councilexhibits\exh6259.dwg HAVEN RD PARCEL 5, 5UE PROJECT LIMITS -.,w,------ TO ROBSTOWN CITY PROJECT No. 6239 VICINITY MAP NOT ~ S~ EXHIBIT "C" McKINZIE ROAD WIDENING PROJECT PARCEL 5, 5UE CITY OF CORPUS CHRIST~, T~ CITY COUNCIL EXHIBIT DEPARTI4ENT OF ENGINEERING E~ERVICES PAGE: 1 of 1 DATE: 11-10-2004 14 AGENDA MEMORANDUM DATE: November 9, 2004 SUBJECT: Oso Water Reclamation Plant 30-Inch Force Main from Lift Station No. 2 to Bar Screen (Project No. 7271) AGENDAITEM: Motion authorizing the City Manager, or his designee, to award Change Order No. 1 to the construction contract with R.M. Wdght Construction of El Paso, Texas in the amount of $402,887.83 for the Oso Water Reclamation Plant 30-Inch Force Main from Lift Station No. 2 to Bar Screen. ISSUE: This project is necessary in order to replace the existing 30" force main, one of two main wastewater feeds to the Oso Water Reclamation Plant. The force main, which is cdtical to plant operations, has experienced two blowouts within two feet of each other dudng the last six months. Since time is of the essence, this work will be incorporated as a change order to an existing project at the Oso plant_ FUNDING: Funds for this 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 ~:)~"T_Angel R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit 'A' Background Information Exhibit "B" Change Order Summary Exhibit "C' Location Map BACKGROUNDINFORMATION SUBJECT: Oso Water Reclamation Plant 30-Inch Force Main from Lift Station No. 2 to Bar Screen (Project No. 7271) PRIOR COUNCIL ACTION: 1. December 17. 2002 - Motion authorizing the City Manager, or his designee, to award a Contract For Professional Services to LNV Engineering of Corpus Chdsti, Texas in the amount of $256,600 for the Oso Wastewater Treatment Plant Clarifier Bridge Structures and Aeration Basin Fine Bubble Diffuser Retro-Fit. (Motion No. 2002-420) February 10, 2004 -Approval of the FY 2003-2004 Capital Budget in [he amount of $173,624,300. (Ordinance No. 025647) June 22, 2004 - Motion authorizing the City Manager or his designee to execute a construction contract with R.M. Wdght Construction of El Paso, Texas in the amount of $2,007,600 for the Oso Water Reclamation Plant Clarifier 2, 3, 4 Structural Improvements for Total Base Bid C. (Motion No. 2004-227) 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 [he 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). 6. September 25, 2003 - Administrative approval of Amendment No_ 1 to a contract for professional services with LNV Engineering, Inc. of Corpus Christi, Texas in the amount of $6,000 for the Oso Wastewater Treatment Plant Clarifler Bddge Structures and Aeration Basin Fine Bubble Diffuser Retro-Fit. PROJECT BACKGROUND: On December 17, 2002, [he City of Corpus Christi entered into a contract with LNV Engineering for [he Oso Water Reclamation Plant Structural and Process Improvements. The treatment process at the Oso Water Reclamation Plant relies on major equipment which must be rehabilitated or replaced to protect against service interruptions, plant overloading, permit violations, and to increase efficiency. EXHIBIT "A" I Page 1 of 2 On June 22, 2004, the City Council awarded a construction contract to R.M. Wdght Construction of El Paso, Texas in the amount of $2,007,600 for the Oso Water Reclamation Plant Clarffier 2, 3, 4 Structural Improvements for Total Base Bid C. Dudng the last six months, the existing 30" force main (which is one of two main wastewater feeds to the Oso Water Reclamation Plant) has experienced two blowouts within two feet of each other. The damaged pipe has been temporarily repaired by welding a steel plate to the force main. The existing 30" ductile iron pipe is approximately 30 to 40 years old and the exposed areas of pipe appear to be very bdttle and corroded and have reached the end of their design life. This force main is critical to plant operations; therefore, time is of the essence and this work will be incorporated as a change order to an existing contract to avoid Texas Commission on Environmental Quality violations and disruption of service. CHANGE ORDER DESCRIPTION: This project consists of replacing an existing 30" ductile iron pipe (DIP) force main with 830 linear feet of 30" PVC (C905) force main from Lift Station No. 2 to the Bar Screen at the Oso Water Reclamation Plant. The project also involves installing air release valves, manholes, exploratory excavation for existing utilities and the proper tie-ins to the existing system. CONTRACT TERMS: This change order will require an additional 60 days of contract time, EXHIBIT"A" Page 2 of 2 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET November 16, 2000 PROJECT: Oso Water Reclamation Plant 30-Inch Force Main from Lift Station No. 2 to Bar Screen (Project No. 7271) APPROVED: COUNCIL MOTION NO_ 2004-227 APPROVED 6/22/04 CONTRACTOR: R.M. Wdght Construction 285 Rio West Drive El Paso, TX 79932 TOTAL CONTRACT AMOUNT ...................... 25% Limit Amount .......................................... Change Order No. 1 (11/16/04) .................... Total ............................................................... $2,007,600.00 501,900.00 402,887.83 402,887.83 = 20.06% < 25% IEXHIBIT "B" I Page 1 of I \ Mproject \ councilexhibit~ \ exh 72 71.dwg N NUECES BAY CORPUS CHRIST7 BAY LOCATION r& a LAGUNA MADRE GULF Of MEXICO LOCATION MAP NOT TO SC, ALE PROJECT No. 7271 OSO WATER RECLAMATZON PLANT 30" FORCE MAIN FROM LIFT STAT[ON NO. 2 TO BAR SCREEN CIT~ OF CORPUS CHRI,~7], TE);.~,S EXHIBIT IICII CITY COUNCIL EXHIBIT PAGE: I ol® 1 DATE: 11/10J2004 15 AGENDA MEMORANDUM DATE: November 16, 2004 SUBJECT: Cole Park Master Plan Project AGENDAITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to a contract with Halff Associates, Inc. of Austin, Texas for a fee of $44,500, for a total restated fee of $164,873, to the Park & Recreation Master and Open Space Plan project for the inclusion of the Cole Park Master Plan. ISSUE: This amendment will expand the scope of the Corpus Chdsti Parks, Recreation & Open Spaces Master Plan to include Cunding for a comprehensive Master Site Plan for Cole Park. This plan will then guide the future development of Cole Park so it may continue to serve as one of the city's signature parks. FUNDING: Funds for this project are available in the FY 2003-2004 Community Enrichment Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. Parks and Recreation / 'j~. Escobar, P.E., E)irector of Engineering Services Additional Sul~l)ort Material: Exhibit "A" Background Information Exhibit "B" Contract Summar~ Exhibit "C" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Cole Park Master Plan PRIOR COUNCIL ACTION: 1. May 12, 1998 - Approval of the FY 1998-1999 Community Development Block Grant Program (Ordinance No. 023313). 2. May 9, 2000 - Approval of the FY 2000-2001 Community Development Block Grant Program (Ordinance No. 024036). 3. Mav 15, 2001 - Motion approving the FY 2001-2002 Communibj Development Block Grant Program (Motion No. M2001-191). 4. September 18, 2001 - Motion authorizing the City Manager, or his designee, to execute an engineering contract in the amount of $40,107 with Halff Associates for the Dr. H. P. Garcia Park Development Master Plan. 5. September 18, 2001 - Motion authorizing the City Manager, or his designee, to execute an engineering contract in the amount of $80,266 with Halff Associates for the Parks and Recreation Master and Open Space Plan. 6. November 19, 2002 - Ordinance amending the Comprehensive Plan of the City of Corpus Chdsti by adopting the City of Corpus Christi Parks, Recreation, and Open Space Master Plan; providing for repeal of conflicting ordinances. PRIOR ADMINISTRATIVE ACTION: 1. March 8, 2001 - Notice of Intent to Release Request For Proposals (RFP) No, 2001-03 - (Dr. H. P. Garcia Park Development Master Plan and Parks and Recreation Comprehensive Master Plan). 2. March 14, 2001 - Authorization to waive the 75/25 local participation policy and use a 60% outside/40% local firms participation policy in the selection procedure. 5. March 16, 2001 - Distribution of Request For Proposals (RFP) No. 2001-03 - (Dr. H. P, Garcia Park Development Master Plan and Parks and Recreation Comprehensive Master Plan) to 215 engineering and architectural firms (84 local and 131 non-local). 6. March 22, 2001 -Addendum No. 1 to the Request For Proposals (RFP) No. 2001- 03 - (Dr. H. P. Garcia Park Development Master Plan and Parks and Recreation Comprehensive Master Plan). FUTURE COUNCIL ACTION: Nothing anticipated I EXHIBIT "A" I Page I o[ 2 PROJECT BACKGROUND: On September 18, 2001, the City Council awarded an A/E contract to Halff Associates to begin the development of a Master Site Plan for the Dr. Hector P. Garcia Park and the development of a Parks and Recreation Master and Open Space Plan. Preparation of a community wide Parks and Recreation comprehensive master plan is necessary to accurately and effectively manage, plan, evaluate, and implement the recreational needs of Corpus Chdsti. The Master Plan identifies existing conditions, assess park and open space needs, establish local standards, prioritize needs, and develop an implementation program. Overall objectives used evaluate open space and natural resources in order to optimize land use for recreational opportunities, aesthetics, and operational/maintenance impacts. In addition, the master plan would parallel and meet the standards required to quality for development grants [rom Texas Parks and Wildlife Department. On November 19, 2002, the Corpus Christi Parks, Recreation & Open Spaces Master Plan was approved by the City Council. As part of the plan, Cole Park was designated as one of the "district" parks and a general outline of enhancements was provided with a variety of recreation opportunities. There is no up to date comprehensive Master Site Plan just for Cole Park. Because of its prominent and unique location, it is important to have a detailed site plan for the future of the park and what amenities it will offer the community. The Junior League of Corpus Christi gave a presentation to City Council on October 12, 2004 regarding a proposal to locate a skate park in Cole Park. Staff recommended that a Master Site Plan be developed with the skate park as a component of the plan. PROJECT DESCRIPTION: This amendment will expand the scope of the Corpus Christi Parks, Recreation & Open Spaces Master Plan to include funding for a comprehensive Master Site Plan for Cole Park. This plan will then guide the ['uture development of Cole Park so it may continue to serve as one of the city's signature parks. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". I EXHIBIT "A" I Page 2 of 2 CONTRACT SUMMARY AMENDMENT NO 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Chdsti, Texas hereinafter called "City", and Halff Associates, Inc. hereinafter called "Engineer", agree to the following amendments to the Contract for Engineering Services for Dr. H.P. Garcia Park Development Master Plan/Parks and Recreation Master and Open Space Plan, as authorized by Motion No. M2001-366, passed September 18, 20Olin the amount of $120,373. The scope of services is amended to Include the following: Master Plan for Cole Park PHASE I - PRE-PLANNING AND PRELIMINARY ASSESSMENT Task 1-A - General Assessment of Existing Facilities The consultant will: a. Tour park on foot to review current conditions and to review ideas for siting Ihe skate park; b. Develop list or existing conditions with materials to be provided by the City of Corpus Christi; c. Develop base mapping and integrated aedal digital photography I:or lhe planning process [rom ortho-aerial and CAD files that include existing park features provided by the City of Corpus Christi; d. Illustrate boundaries o1: the park and other city owned lands in the area, facilities in the park from CAD files developed by the City of Corpus Chdsti; and, e. Illustrate areas of concern, such as shoreline erosion, amphitheater service drive, parking and roof repairs, pier condition, Kids' Place condition, etc, using previously prepared reports by City of Corpus Chdsti staff. PHASE2-GATHER STAKEHOLDERINPUT Task 2-A - Conduct a day long program development focus group meeting with key stakeholders and user groups: The consultant will: a. Conduct meeting to include representatives from key organizations and interest groups, such as Windsurfing Interests, the Junior League, skating entity interesls, Madna del Sol owners, the Corpus Chdsli Chamber of Commerce and the Convention and Visitors Bureau, etc.; b. Focus will be on identifying key needs o[ the park and facilities that could be placed in the park. Meeting will take place dudng the course of one day; and, c. Summarize selected programming elements in a written memo to City Engineering Department. EXHIBIT "B" Page ! o£5 Task 2-B - Conduct two follow-up meetings with City Staff and Cole Park Master Planning Committee: The consultant will: a. Conduct two total meetings with the Master Planning Committee at key milestones shown in the tasks that follow, including: i. Initial Concept Review ii. Concept Refinement PHASE 3 - CONCEPT DEVELOPMENT Task 3-A -Prepare Preliminary Concepts for the Park: The consultant will: a. Develop two preliminary concepts for the redevelopment of the park, including different combinations o[ program elements. Focus will be on Iocaling a site [or lhe proposed skate park. Illustrations will be hand drawn in plan view at a scale (to be determined) that illustrates the entire park. Illustrations will be transferred lo a jpeg format for electronic transmission and placement by City of Corpus Chdsti staff on lhe cily's website; b. Review the master plan illustrations with city staff and the Master Planning committee, and select a preferred concept to take forward. Document comments in a letter memo to the City's Engineering Department; and c. This task will be prepared over a two day charette time pedod, following lhe day long program development locus group. Task 3-B -Prepare Refined Concept: The consultanl will: a. Develop a refined concept for the park, using the preferred concept selected by City Staff and the Cole Park Master Planning committee. Concept Plan will be hand drawn illustrative format, provided in jpeg digital format; and, a. Review with staff and the Cole Park Master Planning Committee, and refine per comments received. PHASE 4 - PREPARE COST ESTIMATES Task 4-A -Develop concept level cost estimates for major components of the preferred master plan: The consullant will: a. Prepare general concept level cost estimates for each of the preliminary concepts, as well as for the final concept will be prepared, reviewed with city staff and refined as appropriate. Appropriate contingencies and soft cosls will be included as per direction from City Staff. EXHIBIT "B" Page 2 of 5 PHASE 5 - FINAL CITIZEN REVIEW AND APPROVAL Task 5-A - Conduct a public input meeting to review the master plan. The consultant will: a. Lead a public input to provide an opportunily for input by the citizens of Corpus Christi. Document findings and key comments in a letter report to city staff. Review with City Staff and Cole Park Master Plan Committee prior to public meeting. Task 5-B - Conduct review briefing with Park and Recreation Advisory Committee and the City Council. The consultant will: a. Review the draft master plan concept and recommendations with the Park and Recreation Advisory Committee and the City Council Document comments received. Review meeting with Planning and Zoning Board is not anticipated in this scope of work. b. Provide a detailed presentation and illustration of the proposed Cole Park Master Plan park concept for presentation to City Council, to include appropriate and necessary charts, summary information and powerpoint presentation. c. The final comprehensive report will consist of one (1) original documented, bound, illustrated master plan, with executive summary in hard copy and in electronic copy with all base map layers in AutoCAD (version 14) format to be presented to City Council for adoption. d. The final report will consist of a 10 to 15 page document with executive summary, Cole Park Master Plan rendefiogs, photographs of existing conditions, layout of skatepark, alternatives considered, sketches of solutions, and processes used. EXHIBIT "B" Page 3 or' 5 2. SCHEDULE DAY Wednesday Monday Monday Monday Monday Wednesday Tuesday Monday PROPOSED PROJECT SCHEDULE DATE Nov. 17,2004 Janua~ 10,2005 Feb~a~ 7,2005 Apd14,2005 Apd118,2005 May 11,2005 May17,2005 May 20,2005 ACTIVITY Begin Pre-Planning Phase Begin Cole Park Master Planning Committee Input Phase Begin Concept Development Phase Begin Concept Level Cost Estimate Phase Begin Final Citizen Review Phase Reviewing Council Final Presentation Material with City Staff Presentation to City Council Estimated Project Completion EXHIBIT"B" Page 4 o£$ 3. FEES Summary of Fees Table 1 - Summary of Contract Fees PHASE1 PHASE2 Basic Se~i~s ORIGINAL CONTRACT: Task Description BASIC SERVICES: Preparation ol= Parks and Recreation Master Dr. H.P. Garcia Park Development Master Plan TOTAL BASIC SERVICES: TOTAL $ $80,266 $ $40,107 $120,373.00 AMENDMENT NO. 1: MASTER PLAN Task PHASE1 PHASE2 PHASE3 PHASE4 PHASE5 FOR COLE PARK Description Pre-Planning and Preliminary Assessment Gather Stakeholder Input Concept Development and Refinement Prepare Concept Level Cost Estimates Final Citizen Review and Approval TOTAL AMENDMENT NO. 1 TOTAL $5,0O0 $5,000 $19,500 $5,000 $8,000 $44,5oo Original Contract: Amendment No. 1: Restated Fee: $120,373 44,500 $164,873 EXHIBIT "B" Page 5 0£5 File : \Mproject\councilexh\3281.dwg NUECES BAY LBOP Z 0 IH57 N PROJECT LOCATION CORPUS CHRISTI BAY F.M. 45 FM 2444 CAYO DEl_ FLOUR BLUFF PROJECT # 3281 LOCATION MAP NOT TO SCALE EXHIB I T "C" COLE PARK MASTER PLAN PROJECT CITY COUNCIL EXHIBIT CiTY OF CORPUS CHRIST~, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: I ol= 1 DATE: 1 I- f 1-2004 16 AGENDA MEMORANDUM DATE: November 16, 2004 SUBJECT: Antelope Street and Salt Flats Area 36-Inch / 48-Inch Wastewater Gravity Interceptor (Project No. 7302) Broadway Wastewater Treatment Plant Diversion Project AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 16 with MEI Maverick Engineering for a total fee not to exceed $39,044, for a total restated fee of $1,378,811, for the Antelope Street and Salt Flats Area 36-Inch / 48-Inch Wastewater Gravity Interceptor Project. ISSUE: A new 36-inch and 48-inch wastewater gravity sewer line is necessary to accommodate projected flows in the area of Antelope Street and Salt Flats Area. The proposed A/E Amendment No. 16 includes Basic Services and Additional Services for the required improvements. This item requires City Council approval. FUNDING: Funding is available from the FY 2003-2004 Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell, Director of Wastewater Department ~'/~/'L-,&ngel R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map BACKGROUNDINFORMATION SUBJECT: Antelope Street and Salt Flats Area 36-Inch / 48-Inch Wastewater Gravity Interceptor (Project No. 7302) Broadway Wastewater Treatment Plant Diversion Project PRIOR COUNCIL ACTION: 1. Auqust 18, 1998 - Motion authorizing the City Manager, or his designee, to execute an Engineering Services Contract with Govind & Associates, Inc. in the amount of $329,853 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood PlantJNueces River Delta (Motion No. M1998-285). 2. May 5, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to an engineering services contract with Govind & Associates, Inc. in the amount of $43,010 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood Plant/Nueces River Delta (Motion No. M2001-189). 3. October 30,2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 to an engineering services contract with Govind & Associates, Inc. in the amount of $48,560 for engineering services associated with the Airport Ditch Outfall improvements and Broadway Plant Lift Station and Diversion to Greenwood PlantJNueces River Delta (Motion No. M2001-409). 4. April 16, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 6 to an engineering services contract with Govind & Associates, Inc. in the amount of $99,112 for engineering services associated with the Airport Ditch Out-fall Improvements and Broadway Plant Lift Station and Diversion to Greenwood Plant/Nueces River Delta (Motion No. M2002-099). 5. July 8, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 11 to an engineering services contract with Govind & Associates, Inc. in the amount of $639,621 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood Plant/Nueces River Delta (Motion No. M2003-239). 6. December 16, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 13 to an engineering services contract with MEI Mavedck Engineering, Inc. in the amount of $62,338 for engineering services associated with the Airport Ditch Out'fall Improvements and Broadway Plant Lift Station and Diversion to Greenwood Plant/Nueces River Delta (Motion No. M2003-239). PRIOR ADMINISTRATIVE ACTION: 1. September 10, 1999 - Administrative Amendment No. 1 to an engineering services contract with Govind & Associates for a total fee not to exceed $4,460 for a total restated fee not to exceed $334,313, for archaeological survey services for the Airport Ditch Outfall Improvements. EXHIBIT"A" I Page '1 of 4 PRIOR ADMINISTRATIVE ACTION: (continued) 2. June 27, 2000 - Administrative Amendment No. 2 to an engineering services contract with Govind & Associates for a total fee not to exceed $9,480 for a total restated fee not to exceed $343,793, to evaluate alternate pump station locations. 3. June 19, 2001 - Administrative Amendment No. 4 to an engineering services contract with Govind & Associates for a total fee not to exceed $14,010 for a total restated fee not to exceed $400,823, to evaluate alternate pump station locations. 4. Mav 22, 2002 - Administrative Amendment No. 7 to an engineering services contract with Govind & Associates for a total fee not to exceed $24,650 for a total restated fee not to exceed $573,145, for the Broadway Wastewater Treatment Plant Diversion Project. 5. November 14, 2002 - Administrative Amendment No. 8 to an eng~neenng services contract with MEI Govind for a total fee not to exceed $18,195 for a total restated fee not to exceed $591,340, for the Broadway Wastewater Treatment Plant Diversion project. 6. December 24, 2002 - Administrative Amendment No. 9 to an eng~neenng services contract with MEI Govind for a total fee not to exceed $24,880 for a total restated fee not to exceed $616,220, for the Broadway Wastewater Treatment Plant Diversion project. 7. February 6, 2003 - Administrative Amendment No. 10 to an eng~neenng services contract with MEI Govind for a total fee not to exceed $1,300 for a total restated fee not to exceed $617,520, for the Broadway Wastewater Treatment Plant Diversion project. 8. Auqust 29, 2003 - Administrative Amendment No. 12 to an engineering services contract with MEI Govind for a total fee not to exceed $0 for a total restated fee not to exceed $1,257,141, for the Broadway Wastewater Treatment Plant Diversion project. 9. April 9, 2004 - Administrative Amendment No. 14 to an engineenng services contract with MEI Maverick Engineering, Inc. for a total fee not to exceed $3,900 for a total restated fee not to exceed $1,323,379, for the Broadway Wastewater Treatment Plant Diversion project. 10. November 3, 2004 - Administrative Amendment No. 15 to an engineenng services contract with MEI Maverick Engineering, Inc. for a total fee not to exceed $16,388 for a total restated fee not to exceed $1,339,767, for the Broadway Wastewater Treatment Plant Diversion project. FUTURE COUNCIL ACTION: Approval of a construction contract to complete the subject project. PROJECT BACKGROUND: This phase of the Broadway Wastewater Treatment Plant Diversion Project consists of a new 36-inch / 48-inch gravity line and construction of a new lift station. The 36-inch gravity line will be constructed commencing on the south side of IH 37, from Leopard Street to West Broadway Blvd. A 48-inch diameter line will begin at the terminus of the 36-inch line which is the location of the new lift station and continue to the Broadway Wastewater Treatment Plant Head Works. The new 36-inch line will cross IH 37, pass under the Salt Flat drainage box and cross the Union Pacific Rail Road lines EXHIBIT "A" I Page 2 of 4 before terminating at the proposed lift station on Resaca Street. This proposed 36-inch/48- inch gravity line will be over 5,000 feet long and once constructed will help alleviate overflow problems atthe manholes along Leopard Street and Winnebago Street_ The line has been routed to cause a minimum of disruption to the residents of the Winnebago neighborhood and Leathers Housing project. Also, this route circumvents the Kerr McGee property which has known environmental problems. This route will be coordinated with TxDOT to avoid future potential conflicts with the new Harbor Bridge alignment. A new lift station will be constructed on a recently acquired property next to the existing Broadway Wastewater Treatment Plant. It will be designed to handle a peak flow of 32 MGD. It will be provided with an odor control system, dual power source to comply with TCEQ rules, and the site will be fenced and landscaped. A new 48-inch gravity line, about 2,000 feet in length, will be constructed between the existing headworks of the Broadway Wastewater Treatment Plant and the new lift station. This new 48-inch line will have enough capacity and depth to handle flows from the proposed Baseball Stadium and Bayfront Arena area, which could be diverted to this line in the future. This lift station will ultimately serve as the main lift station for the new wastewater plant in the industrial area and will accommodate all the flow from the entire Broadway Service area. A force main will be constructed from this lift station to the gdt chambers of the existing Broadway Wastewater Treatment Plant to serve until the construction of the new Wastewater Treatment Plant. This project will also address overflow problems near Brownlee and Mexico Street. A new 15-inch gravity line, approximately 500 feet in length, will be installed under IH 37. This line will replace an existing 12-inch cast iron pipe which has deteriorated and often clogs up and causes overflows near the IH 37 and Crosstown Expressway Intersection. Also, by Amendment No. 13 the Antelope Street line rehabilitation was approved. The scope of work includes design of a new 24-inch diameter, 3,200 feet long gravity line, re- tying of existing 8-inch diameter sewer service lines (but not their replacement), realignment of an old 8-inch asbestos cement water line along Antelope Street and preparation of engineering drawings and specifications. All abandoned utility lines will be filled with flowable fill matedal and manholes will be backfilled with controlled Iow strength concrete admixture per TXDOT requirements or follow TXDOT permit conditions. A section of the new sewer line, about 600-feet will be installed under the parking lot belonging to Frost Bank. MEI Mavedck Engineering will survey the property and prepare exhibits to be used for easement acquisition by the City of Corpus Christi. PROJECT DESCRIPTION: The scope of work includes the replacement of lateral sewer lines in Palm, Stillman, Kennedy, Lexington, Lester, Doss, Leopard, and Coke Streets. These lateral lines are some of the oldest in the cibJ, consisting of cast iron pipe installed in 1940. Due to their age, these lines require constant maintenance. Additionally, a new 30- inch sanitary sewer line inside a 36-inch steel casing will be installed beneath the Crosstown Expressway at Howard Street. This new line will replace an existing 27-inch cast iron line that no longer flows propedy due to decreased diameter from depositions and tuberculation_ EXHIBIT "A" Page 3 of 4 The consultant will provide the following services: Basic Services 1. Design Phase Services 2. Bid Phase Services 3. Construction Phase Services Additional Services 1. Permit Preparation 2. Topographic Survey CONTRACT SUMMARY/FEE: A contract summary and summary of fees are attached as Exhibit "B". EXHIBIT "A" Page 4 of 4 I CONTRACT SUMMARY ANTELOPE STREET AND SALT FLATS AREA 36-INCH / 48-INCH WASTEWATER GRAVITY INTERCEPTOR PROJECT (Project No. 7302) SCOPE OF PROJECT The project consists of lateral sewer lines along the side streets, feeding into an existing 24-inch line along IH 37 frontage road (Antelope Street). The lines require constant maintenance due to old age deterioration. Because the lines are located close to IH 37, it becomes a safety issue. Also, as part of the project a new 36- inch steel casing with a new 30-inch sewer line will be installed under the Crosstown Expressway in parallel to an existing cast iron line to alleviate the problems of overflowing in the area. The cast Iron pipe has decreased in diameter because of depositions and tuberculation. 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. 3. PROJECT SCHEDULE DAY Wednesday Monday Friday Friday Fdday Friday Friday Monday (2) Tuesday Wednesday Tuesday Monday Friday DATE July 14, 2004 August 2, 2004 August 27, 2004 September 10, 2004 September 24, 2004 October 15, 2004 November 19, 2004 December 6 and 13, 2004 December 21,2004 December 29, 2004 January 18, 2005 February 21,2005 October 21,2005 ACTIVITY Begin Preliminary Phase Begin Design Phase 60% Submittal City Review (30 days/4 weeks) 90% Submittal City Time Final Submittal Advertise for Bids Pre-Bid Conference Receive Bids Award Construction Contract Begin Construction Complete Construction I EXHIBIT "B" Page 1 of 2 4. FEE BASIC SERVICES 1. Preliminary Phase 2. Design Phase 3. Bid Phase 4. Construction Phase Sub-total Basic Services $0.00 26,828.00 420.00 592.00 27,840.00 ADDITIONAL SERVICES 1. Survey 2. Permitting Sub-total Additional Services 9,904_00 1,300.00 11,204.00 TOTAL $39,044.00 IEXHIBIT"B" I Page 2 of 2 LOCATION MAP NOT TO SCALE PROJECT SITE UP RIVEr CQMANCH' Hil) Cemeter III/ LEOPARD MESTINA Z o PROJECT LOCATION CORPUS CHRISTI BAY PORT AVE LBc~oFEFALO -~ ~-- LIPAN , u~ COMANCHE N CITY PROJECT No. 7203 VICINITY MAP NOT TO SCALE EXHIBIT 'C' ANTELOPE STREET AND SALT FLATS AREA 36-1NCH/48-1NCH WASTEWA TER GRAVITY INTERCEPTOR PROJECT Clef' OF CORPUS CHRISTI, TEXAS ciTY OF CORPUS CHR[S~7. rEXeS DEPARTMENT OF ENGINEERINC SERVICES PAGE: I o ~ 1 DATE: 11 - f 1-2004 17 CITY COUNCIL AGENDA MEMORANDUM Council Action Date: November 16, 2004 AGENDA ITEM: Motion authorizing the City Manager or his designee to purchase a ten (10) processor based perpetual Oracle Database Enterprise Edition license with twelve- month software update and product support from MYTHICS of Virginia Beach, VA in the amount of $258,009.60. MY-I'HICS is an approved Texas Department of Information Resources vendor. ISSUE: In March 1998 the City purchased software, hardware, and services to replace the following mainframe applications, Financial Management, Human Resources and Payroll, Fleet Management, and Municipal Court, that were old and not able to handle dates beyond December 31, 1999. This action provided the City with modem systems all using Oracle as a data base. Oracle is a modern and robust data base and in October 2001 Council approved acquisition of the Computerized Main[enance Management System which also uses an Oracle data base. Furthermore, additional modules and users were added to the above systems since implementation placing demands on the Oracle data base that cannot be met by our current license. We therefore requested a proposal from MYTHICS to migrate our current Oracle license to the Enterprise Edition. REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over $25,000. PREVIOUS COUNCIL ACTION: City Council authorized the current annual maintenance agreement with Oracle, on October 22, 2002. FUNDING: Amount Budgeted Source of Funds $258,009.60 5210-40470-530160 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. Ogilvie F. Gedcke, P.E. Director of MIS Attachments: Exhibit A - Quote Number: 110404-2 ~,~) MYTH I rt- STM Exhibit A CBRTIFIED PARTNER c~..~,.~: Cit~ of Corpus Christi TX D~ Cor~aet # DtR-V~N~-8~-0i 6 ; Price Ho~d. For, period of 30 d~y, h-om t~e effective d~te 0¢ ~l, ordering documenL t~e ~nd user m,y ~..qul~ed ~ldition,l Or,cie pr~;~ ~% ~h~-~ Quetatlo~ Subject to Mmnagement'l Final A~a~oval DUNS~. 0133~8002 Payment Te~mm: Pending Cmdi~ Ap~t~vml Myth~ Fed Tax IDi~ E4-'1~87871 FO~l [~tlnation, Flttght Bun~ea. S~ze: Small 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11/9/04 AGENDA ITEM: Ordinance amending the City Code of Ordinaaces, City of Corpus Christi, Chaptex 17, Finance and Taxation, Section 17-1.2, Service Charge for ltamamed Checks, by increasing said fee from $25 00 to $30.00; providing for aa effective date of Decemher 1, 2004; and providing for publication. ISSUE: The current $25.00 foe charged for returned checks has been in effect since 2001. The Stye of Tt~,a~ increased their returned check fee on May 30, 2003. The increase of $5 00 (to $30.00) will bring the City of Corpus Christi's re-turned check fee in line with the fee charged by the State. REQUIRED COUNCIL ACTION: City Council approval of the Ordinance amending the City Code of ordinances, Chapter 17, Finance and Taxation, Section 17-1.2, Sc-~ice Clulrge for Returned Checks. PREVIOUS COUNCIL ACTION: · Ordinance No. 16953, datcd March 24, 1982, established the retumed check fee of$10.00. · Ordinance No. 20417, dated August 2, 1988, revised the returned check fee from $10.00 to S!5.00. · Ordinance No. 24612, dated October 9, 2001, revised the returned check fee fi.om $15.00 to $25.00. FUNDING: No funding is needed. CONCLUSION AND RECOMMENDATION: Staffs recommends City Council approval of the Ordinance amending the City Code of Ordinancez, City of Corpus Christi, Chapter 17, Finance and Taxation, Section 17-1.2, Scofice Charge for Returned Checks, by increasing said fee fi.om $25.00 to $30.00; providing for severance, providing for an effective dnte of Deeember 1, 2004; and providing for publication Director of Financial Semces BACKGROUND INFORMATION On March 24, 1982, the City Council amended the Cod~ of Ordinances, S~don 55-38, Cu~tomexs' Chocks, by adding a new section, 17-12, Sexvice Charge for Returned Chock Fee~ by passing Ordinance 16953. This fee provided a service charge of $10.00 for checks returned as non- negotiablednon-cashable submitted as payment to the City. The Code of Ordinances was revised on August 2, 1 988 by Ordinance 20417 incr~aain~ the rotm'ned c.~h~ fee to $15.00 and on Octob~- 9, 2001 by Ordinance 24612 increasing the retum~ ch~ck fee to $25.00. These fees were in conformance to the r~turned che~k fees charged by the Stale of Texas at that thne. On May 28, 2003, the House of Representatives of the State of Texas passed House Bill 249 increa~ng the ma.n~mun fee charged for returned checks from $25.00 to $30.00. This new fee took =ff~-t on September 1, 2003. City Staff:recommends that the City conform to the fee amount charged by th~ State of Texas. Staff recommends ~hat th~ Code ofOrdinaacos b~ revised to provide for an in~rease in the returned ch~ck fee bom $25.00 to $30.00. AN ORDINANCE AMENDING THE CITY CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 17, FINANCE AND TAXATION, SECTION 17-1.2, SERVICE CHARGE FOR RETURNED CHECKS, BY INCREASING SAID FEE FROM $25.00 to $30.00; PROVIDING FOR SEVERANCE, PROVIDING FOR AN EFFECTIVE DATE OF DECEMBER 1, 2004; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 17 of the Code of Ordinances, Section 17-1.2, Service Charge, is amended to read as follows: Sec. 17.1.2 Service charge for returned check. In addition to any other authorized penalty or interest, there is hereby established a service charge of thirty dollars ($30.00) twenty-five dollars ($25.00) for any checks returned as nonnegotiable/noncashable to any department, division, or entity of the city. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgments of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 3. This ordinance is effective December 1, 2004. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Samuel L. Neal, Jr. Brent Chesney Melody Cooper Javier D. Colmenero 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 Melody Cooper Javier D. Colmenero Henry Garrett PASSED AND APPROVED, this the ATI'EST: ,2004 by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott day of ,2004. Armando Chapa City Secretary APPROVED: ~ ~4~day of Samuel L. Neal, Jr. Mayor, The City of Corpus Chdsti I~ ~ v ¢-~-~ C~.--..,, , 2004: By: Lisa Aguilar ~ Assistant City Attorney for City Attorney 2 2VOTERLA.DOC 19 CITY COUNCIL AGENDA MEMORANDUM DATE: November 9, 2004 SUBJECT: Amending the Code of Ordinances Section 53-254, Schedule V, Increase of State Limit in Certain Zones, by establishing a School Speed Zone on Kostoryz Road at Masterson Drive for Galvan Elementary School AGENDA ITEM: Ordinance amending the Code of Ordinances Section 53-254, Schedule V, increase of state speed limit in certain zones, by establishing a school zone on Kostoryz Road: A 25 mph school speed zone on Kostoryz Road, when lights are flashing, for a distance of 400 feet, from a point 200 feet north of the centerline of Masterson Drive to 200 feet south of the centedine of Masterson Drive. ISSUE: As part of the traffic access and circulation plan developed by staff to alleviate traffic congestion on Masterson Drive and queues extending onto Kostoryz Road during drop-off and pick-up of students at Galvan Elementary School, exiting traffic from Masterson onto southbound Kostoryz needs to be facilitated to avoid lengthy queues that could gridlock the traffic flow pattern at the school. An existing crosswalk is also provided across Kostoryz at Masterson. A school zone to slow traffic at this intersection is recommended. REQUIRED COUNCIL ACTION: Speed reductions on city streets must be approved by the City Council. RECOMMENDATION: Approval of the proposed ordinance as presented. ~.- 'Ar~gel R, Escobar, P,E. I Director of Engineering Services ADDITIONAL SUPPORT MATERIAL: 1. Exhibit A - Background Information 2. Exhibit B - Site Map (School Zone on Kostoryz at Masterson for Galvan School) Page 1 of 2 AGENDA MEMORANDUM Additional Background Information BACKGROUND: The administration and parents of Galvan Elementary School have requested that the City study the congestion occurring on Masterson rive and White Bird Drive in front of the school due to pick-up and drop-off activities at the beginning and end of the school day. Initially, the parents and school officials had requested particular treatments including a traffic signal at Masterson and Kostoryz and conversion of Masterson and a portion of White Bird Drive to one- way. Staff's analysis of the traffic conditions at this school have included interviews with school officials and parents of students, detailed traffic counts, and examination of related traffic accident experience. In analyzing the street and school traffic operations, Traffic Engineering has three objectives: (1) improved student pedestrian safety (2) reduction of school-related traffic congestion, and (3) little or no impact of traffic control modifications on abutting neighborhood streets. Traffic Demand. Masterson Drive and White Bird Drive are both residential streets, typically 40 feet in width, with parking allowed on both sides of the street. Together, they form a "dog-leg" thai provides access along two sides of Galvan Elementary. Except for the school related traffic, Masterson and the southerly section of White Bird receive very little traffic, estimated at less than 100 cars per day. From 7:15 to 8:15 a.m., approximately 160 cars approached the school from White Bird Drive and approximately 160 cars approached the school off Kostoryz via Masterson. At school end, cars park along the street 15 to 20 minutes ahead of the school dismissal time of 3:00 p.m., and significant congestion and traffic queues occur from 3:00 to about 3:20 p.m. Queues were observed to extend onto Kostoryz Street. Impact on Area Traffic, Through traffic on Kostoryz Road at Masterson will be delayed during the morning and afternoon school access times, approximately 7:15 to 8:15 a.m. and 2:30 to 3:30 p.m. Current delays to school related traffic entering Kostoryz after dropping off or picking up students will be reduced. Most importantly, the potential for collisions at this intersection will be reduced. Prior Council Action: A school zone has been established related to Galvan Elementary School along Kostoryz Road approximately one-quarter mile north of Masterson Drive to enhance the safety of the crosswalk at Crestwater Drive. There is no record of Council action to establish this speed zone. Review by Transportation Advisory Committee: The Transportation Advisory Committee has reviewed the staff recommendation and unanimously voted to recommend approval to the City Council. (School Zone on Kostoryz at Mas[erson rot Galvan School) Page 2 of 2 Prior Council Action: A school zone has been established related to Galvan Elementary School along Kostoryz Road approximately one-quarter mile north of Masterson Drive to enhance the safety of the crosswalk at Crestwater Drive. There is no record of Council action to establish this speed zone. Review by Transportation Advisory Committee: The Transportation Advisory Committee has reviewed the staff recommendation and unanimously voted to recommend approval to the City Council. (School Zone Tra[flc Pattern at Gaivan School) Page 3 o[ 3 SCALE: 1"=200' GALVAN ELEMENTARY SCHOOL MASTERSON DR © SPEED UW~T 25 S5 1 0 0 © SPEED U~ 25 EXHIBIT- B SCHOOL ZONE TRAFFIC PAl-FERN AT GALVAN ELEMENTARY SCHOOL - SITE MAP - Trai~lc Engineering Div. Engineering Services Dept, ORDINANCE AMENDING THE CODE OF ORDINANCES SECTION 53-254, SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, BY ESTABLISHING A SCHOOL ZONE ON KOSTORYZ ROAD: A 25 mph school speed zone on Kostoryz Road, when lights are flashing, for a distance of 400 feeL, from a point 200 feet north of the centeHine of Masterson Drive to 200 feet south of the centerline of Masterson Drive. PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Code of Ordinances, City of Corpus Chdsti is amended by amending Section 53-254, Schedule V, Increase of state speed limit in certain zones, by revising the speed limits on the following street section: On Kostoryz Road a 25 mph school speed zone when lights are flashing for a distance of 400 feet, from a point 200 feet north of the centerline of Masterson Drive to 200 feet south of the centedine of Masterson Drive. CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Sec. 53-254. Schedule V, increase of state speed limit in certain zones. Kostoryz Road: From Staples Street to a point 500 feet south of White Bird Drivo 35 mph--At all times From a point 500 feet south of White Bird Ddve to the north right-of- way line of Saratoga Boulevard (S.H. 357)--40 mph--At all times, except from a point 200 feet north of the centerline of Masterson Drive to a point 200 feet south of the centedine of Mastemon Ddvo 25 mph--when school zone liahts are flashina H2LEG-DIRXJ oseph\Ord-Trf-Kostoryz.doc SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent junsdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Sec. 53-55 Code of Ordinances. That the foregoing ordinance was read for the first time and passed to its second reading on this the Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly day of ,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 ,2004, by the following vote Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott PASSED AND APPROVED, this the AT'rEST: day of ,2004. CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to legal form this the _ By: Josbph Hamey ~ Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor day of ,..~/,.~.,~..~.~ ,2004; 20 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 3- 1.55, SIGN, BY REVISING THE DEFINITION OF A SIGN TO NO LONGER EXCLUDE A DEVICE OR STRUCTURE LOCATED WITHIN A BUILDING; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Zoning Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public headngs were held on Wednesday, October 20, 2004, during a meeting of the Planning Commission, and On Tuesday, November 16, 2004, for the first reading and on Tuesday, December 14, 2004, for the second reading, dudng 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 C~ of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Section 3-1.55, to read as follows: ARTICLE 3. DEFINITIONS Section 3-1.55 Sign. The term "sign" shall mean and include every device, structure, frame, letter, figure, character, mark, plane, point, design, picture, stroke, stripe, trademark, or reading matter which is used or intended to be used to attract attention, convey information, identify or advertise any establishment, product, goods or service when the same is placed out of doors in view of the general public. Tho term "sign" shall not include a similar structure or device located within a building except illuminated signs within windows. The term 'sign" shall not include the flag or pennant, or insignia of any nation or association of nations, or of any state, city, or other political unit, or of any charftable, educational, philanthropic, civic, or religious organization_ SECTION 2. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27~ 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 3. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision hereof shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall hot affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance.. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Chdsti. H:'d..EC_~OIR~JO SE PPAORD-SIGND EF-ZNG. DOC 2 Area Development Plan: Southeast The Southeast Area Development Plan's future land use map recommendx the area to develop with general commercial u~es The requested "B-I " District accomplishes the objectives of the Plan Staff Recommendation: Denial of the "B-4" General Business District and Approval oft "B- 1" Neighborhood Business Di~'trtct. Mrs. Goode-Macon prodded graplucs of the subject propcn'y and the surrounding area, The zoning report and tape recording are on file. She stated that there were 25 notices totaled. None were received m favor or in oppos~laon. The public hearing was opened. No one appeared to be in favor or opposition. The public hearing was closed. Motion was made by Salazar and seconded b.y Brasdton to recommend approval as submitted. Motion passed by all present. ZONING ORDINANCE TEXT AMENDMENT - DEFINITION SIGN Mr. Gunning staled the purpose of the request is to address issues with glass storefront signs and asked that the ComnUssion recommend this change. Motion was made by Braselton and seconded by Pusley to recommend approval as submitted. Matron passed by ali present. DIRECTOR'S REPORT FUTURE SCHEDULED MEETINGS The hohday meelmg schedule was discussed and it was decided to cancel the Deccmb~ 29, 2004 meeting. Motion was made by Braselton and seconded by Stone to reconunend cancellation of the December 29, 2004 meeting. Motion passed by all present. EXCUSED ABSENCES Pusley requested an excused absence for the for the October 6, 2004 meeting. Motion was made by Salazar and seconded by Stone to recommend approval. Motion passed by all present. OTHER MAA IERS Mr. Gunning announced the Texas APA Conference will be in Corpus Christi in 2006. He stated there were about 100 Planning ComnUssioners at the recent Austin conference. AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: November 16, 2004) AGENDA ITEM: An ordinance amending Section 3-l.55 of the Zoning Ordinance to include window signs witlfin the definition of a sign; providing for severance; and providing for publicahon. Plalanin~ Commi~,~iOIIl and StalTs Recommendation: (October 20, 2004) Approval of the zoning ordinance text amendment to the sign defiint~on. Re,lusted Council Action: Approval of the zoning ordinance text amendment to the sign definition. Put'ooae of R~lueat: To coasider the text amendment to the Zomag Ordinance ia regards to the definition of a SIGN as it relates to signs within a building visible to the public. Reccni sign discussions prompted staff to review the current sign ordinance with respect to the intent of regulating signs viewable from the public right-of-ways and aburang prope~ies. Signs are allowed aloug the exterior of buildings or on the lot area of the prenuse. There is an exception for signs placed behind glass that creates a large loophole to the orderly placement of signs. Placement of signs in fids manner is a clear evasion of the stgn ordinance intent. This amendment clarifies the s~gn definition~ regarding placement of signs in window or behind glass. S~affrecommends ~ Article 3. Definitions - Sec~on 3-1.55-Sign be amended by deleting the sentence regarding window signs follows: 3-1.55 Sign. The term "sign" shall mean and include every device, structure, fi'ame, letter, figure, character, mark plane, point` design, picture, s~-oke, stripe, trademark, or reading matter which is used or intended to be used to allract attention, convey mformalion, identify or advertise any establishment. product, goods or service when the same is placed out of doors ia view of the general pul>he. :Pao4~m "sign" ahab not mcludo a similar alructuro or dovioo loeatod within a building except illmmunted signs within ~4ndows. The term "sign" shall not include the flag or pennant, or msigxfia of any nation or association of nations, or of any state, city or other political umt, or of any charitable, educational. philanthropic, civic, or religtous orgamzation. Notification: Notification is not required for zoning text amendments this case is considered noa- Assistant Director of Development Services H; ~P LN-D IR~ HARED~RMA\ WORFAAGENDMEM~ 004LS tl~TextAm~admealAg~la ~o doc I) Planning Commission Minutes O~dinance That the foregoing ordinance was read for the first time and passed to its second reading on this the Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett 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 ,2004, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED, this the ATfEST: day of ,2004. CITY OF CORPUS CHRISTI 3 Armando Chapa City Secretary Approved as to legal form By: Samuel L. Neal, Jr. Mayor Joseph ~mey ~~- Assistant City Attorney For City Attomey H :~.EG~)IRUOSEPI-I~ORD-SIGNDEF-ZN G.DOC 3 21 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: November 16, 2004) Case No.: 0804-04, JJS & A Limited One Partnershio (Jack Tucker, Limited Partner}; A change of zoning from a "B-4" General Business District to an "A-lA"/PUD -2 Apartment House Dislnct with a Planned Unit Development. 1he property is in Flour Bluff and Encinal Farm and Garden Tracts, Section 6, being 8.08 acres out of Lots 23 and 24, located 130 £cet west of South Staples Street and 425 feet south of Yorktown Boulevard. Planning! Commission and Stall% Recommendation (10/06/04): Approval. Requested Council Action: Approval o£the "A-lA"/PUD -2 Apartment House District with a Planned Unit Development and adoption o£ the attached ordinance. Puroose of Request: Development o£ 54-Unit Townhouse Development. Summar¥: · Applicant requesting a change of zoning from "B~." General Husiness District to "A- l A"/PUD-2 Apartment House District with a Planned Unit Development for a private townhousc development · The townhomes will consist o£ 54 two-story units on 8.08 acres. · The proposed development plans indicate zero-lot line construction o£ the townhomes · Private s~eets and a private pond are proposcd within thc development requiring a Planned Unit Development classification. · Tra £fic generated by thc townhouse development ~s anticipated at 315 average daily ttqps along South Staples Street, an arterial. · The demand lbr water/wastewater service of the townhouse developmer~t is projected at 13,500 gallons per day with a solid waste demand of 480 lbs daily. · Townhouse construction shall be built in compliance to all provisions of the International Residential Code (2003 Edition), httemational Fire Code (2003 Edition), and the Corpus Christi Zoning Ordinance as amended and adopted by the City of Corpus Christi, Texas. · As speci fled in Chapter 2 of the International Residential Code (2003 Edition), a townhouse is defined as a single-family dwelling unit constructed in a group of three or more attached traits with each unit extending from foundation to roof and with open space on at least two sides. A dwelling unit is defined as a single unit providing complete independent living facilities for one or more persons, including permanent provisions for li~ng, sleeping, eating, cooking and sanitation. To be considered sing[e-famdy dwelling uni~, each dwelling unit shall have a two-hour firewall separation, as defined in Section R317 of the IRC, between abutting neighbors. Agenda Merm~randum Case No. 080444 (JJS & A Limited One Pacinc[ship) Page 2 Distance between buildings shall comply with Article 24, Section 24 1, of the Corpus Christi Zoning Ordinance for the appropriate zoning district. Minimuin distance between buildings shall be 10 feet (following the five foot side yard requirements from the Townhouse Regulations). On-site water supply regarding fire hydrant locations, shall comply with IFC- Chapter 5, Section 508.5.1, Exception 2 requirement. Exception 2 states that fire hydrants must be spaced no further apart than 600 feet on any type of roadway that provides access to the units, regardless if the roadway is private, public or an access drive. Additionally, no part of any structure may be further than 300 feet, as the hose lies, from a fire hydrant. Al~lfficant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the thirty-lbur (34) notices mailed to the surrounding property owners, three (3) were returned in favor and three (3) were returned in opposition. One letter from outside the notification area was returned in opposition. The 20% role is not lnvok-ed. This case is considered noncontroversial. Michael N. Gu Assistant Dtrector of Development Services Attachments: 1) 2) 3) 4) 5) 6) 7) Zoning Report Zoning Map Building Layout Buildable Area Layout Plat Planning Commission Minutes Ordinance City Council ZONING REPORT Case No.: 0804-04 Planning Commission Hearing Date: August 25, 2004 (Tabled) - October 6, 2004 Applicant: JJS & A Limited One Partnership (Jack Tucker, Limited Partner) Owner: Vella Mae Tucker, Executrix of the Estate of John T. Tucker, Sr Deceased Agent: RVE, Inc., Patrick D. Veteto Legal Description/Location: Being 8.08 acres ou~ of Flour Bluff and Encinal Farm and Garden Tracts, Section 6, Lots 23 and 24, located 130 west of South Staples Street and 425 feet south of Yorktown Road. From: "B4" General Business District To: "A-IA"/PUD -2 Apartment House District with a Planned Unit Development Area: 8.08 acres Purpose of Request: 54-Unit Townhouse Development ~ Zoning Existing Land Use ~ Site "B4" General Business Undeveloped District " North "B4" General Business Undeveloped, church and ~ ~, District utility station -~ ~ South "B4" General Business Undeveloped tN District ~ Ea~t "B4" Gcneral B[tsincss Undeveloped --'q District .. ~ Wext "R-lC" One-family Dwelling Single-family dwellings ~ District Future Land Use General Commercial General Conunercial and Public/Semi-Public General Commercial General Commercial Lowqtensity residential Area Development Plan: Southside- ~he future land use map recommends general conmrercial for the subject property. The proposed medium-density residential use is a more appropriate land use to the adjacent Iow4ensity residential uses. An amendment to the future land use map is required. Map No.: 100-15/G15D/045031 Zoning Violations: None City Cotmcil Zoning Report Ca3e No 08044)4 (JJS & A limited One Partnership) Page 2 Applicant requesting a change of zoning from "B-4" General Business District to "A-IA"/PUD-2 Apartment House District with a Planned Unit Development for a private townhouse development. The tow'nhomes will consist of 54 two-story units on 8.08 acres. The proposed development plans indicate zero-lot linc construction of the townhomes. Private streets and a private pond are proposed within the development requiring a Planned Unit Development classification Traffic generated by the townhouse development is anticipated at 315 average daily trips along South Staples Street, an arterial. The demand for water/wastewater service of the townhouse development is projected at 13,500 gallons per day with a solid waste demand of 480 lbs. daily. Townhouse constroction shall be built in compliance to all provisions of the International Residential Code (2003 Edition), International Fire Code (2003 Edition), and the Corpus Christi Zoning Ordinance as amended and adopted by the City of Corpus Christi, Texas. As specified in Chapter 2 of the International Residential Code (2003 Edition), a townhouse is defined as a single-family dwelling unit constructed in a group of three or more attached units with each unit extending from foundation to roof and with open space on at least two sides. A dwelling unit is defined as a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. To be considered single-family dwelling units, each dwelling unit shall have a two-hour firewall separation, as defined in Section R317 of the IRC, between abutting neighbors. Distance between buildings shall comply with Article 24, Section 24-1, of the Corpus Christi Zoning Ordinance for the appropriate zoning district. Minimum distance between buildings shall be 10 feet (following the five foot side yard requirements from the Townhouse Regulations). On-site water supply regarding fire hydrant locations, shall comply with IFC- Chapter 5, Section 508.5.1, Exception 2 requirement. Exception 2 states that fire hydrants must be spaced no further apart than 600 feet on any type of roadway that provides access to the units, regardless if the roadway is private, public or an access drive. Additionally, no part of any structure may be further than 300 feet, as the hose lies, from a fire hydrant. Street Type Paved Section Volume ( OOl) CitT Council Zoning Report Ca~c No 01t04~34 (IJS & A Limited One parmership) Pagc 3 South Staples Street Arterial 100" R.O.W. w/76' Bk. to 14,610 a.d t Bk. pavement A companion plat is required with Ihe PUD-2. Applicant requested case be tabled until October 6, 2004 to allow preparation o/'plat. The PUD-2 provides for variation of development requirements associated with the "A-IA" District. The PUD-2 proposes a gated toumhouse community with private streets and a private pond Staff-has received and reviewed the plat for action. The applicant, on August 25, 2004, requested tabling thc case until the plat is developed. Approval. Number ol'Notices Mailed - 34 Favor - 3 Opposition - 5 plus l outside notification area (As of September 28, 2004) Attachments: Zomng Map Building Layout Buildable Area Layout Plat Planning Commission Minutes Ordinance 1 42 NORTH BUILDING LAYOUT BUILDABLE AREA LAYOUT mI Excerpts Planning Commission Minutes November 3, 2004 0804-04 - JJS&A Limited One Partnership (Jack 'Fucker, Limited Partner) Request: Change ol'zoning from "B-4" General Business District to "A-lA" Apartment House District with a "PUD" Planned Unit Development, resulting in a change o£ land use from general commercial to medium-density residential. Excerpts from Zoning Report Legal Description/Location: Being 8 08 acres out of Flour Bluff and Encinal Farm and Garden Tract& Section 6, Lots 23 and 24, located 130 we~rt of'South Staples Street and 425feet south of Yorktown Road Purpose of Request: 54-Unit Townhouse Development. Area Development Plan: Southside- The future land use map recommends general commercial ]'or the subject property~ The proposed medium-density residential use is a more appropriate land use to the adjacent low-density residential uses An atnendtnent to the future land u. se map ts requtrecL The PUD-2 provides for variation of development requirements assoctated with the "A-IA" District. The PUD-2 proposes a gated townhouse community with private streets and a private pond. Mrs Faryce Goode-Macon, City Planner, provided graphics o£ the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were 34 notices mailed. Three were received in favor and three in opposition along with one f'rom outside the area in opposition. This case was tabled on August 25, 2004 while waiting {'or the companion plat to proceed with the zoning. Thc public bearing was opened. Mr. Pat Veteto, representative of the applicant stated they are meeting the minimums and maximums of thc P.U.D. for down zoning and are developing an upscale community development. Chairman Berlanga asked about access off of Staples. Mr. Veteto stated there is a private gated enWance with separate entrance and exit roads. Braselton aske<t if this is a one way system. Mr. Veteto stated it was a two way system. They had also added head in parking at thc park. He stated the PUD will maintain the pond, the green space and the streets. Thc public hearing was closed. A motion was made by Salazar and seconded by Smith to approve as submitted. The motion passed unanimously. Mr. Saldafia stated there needed to be a vote on the plat and read the £ollowing plat into the record. Page I of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JJS&A LIMITED ONE PARTNERSHIP (JACK TUCKER, LIMITED PARTNER) BY CHANGING THE ZONING MAP IN REFERENCE TO 8.08 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GAR!DEN TRACTS, SECTION 6, LOTS 23 AND 24, FROM "B-4" GENERAL BUSINESS DISTRICT TO "A-IA" APARTMENT HOUSE DISTRICT WITH A PUD-2 PLANNED UNIT DEVELOPMENT 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 JJS&A Limited One Partnership (Jack Tucker, Limited partner), 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, August 25, 2004 and October 6, 2004, dudng a meeting of the Planning Commission, and on Tuesday, November 16, 2004, during a meeting ol' 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 Chdsti and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That ~he Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 8.08 acres out of Flour Bluff and Encinal Fan'n and Garden Tracts, Section 6, Lots 23 and 24, located 130 feet west of South Staples Street and 425 feet south of Yorklown Road, from "B-4" General Business District to "A-lA" Apartment House Distdct with a PUD -2 Planned Unit Development District, as shown on the attached Exhibit. (Map 045031) 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 o1: the City of Corpus Chdsti, 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. H:~EG-DIRUoseph~.oning-04\0804-04Regular.doc Page 2 of 3 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 conl~orm to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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 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 nccd l'or immediate action necessary for the efficient and effective administration o1: 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 16~h day of November, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED JosephH~ey ~/ ~ Assistant City Attorney For City Attorney 2O04 Samuel L. Neal, Jr_ Mayor, The City of Corpus Chdsti H:~LEG-DIR~Joseph~oning-04\0804-04Regular.doc Page 3 o1:3 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 Charier rule as to consideration and voting upon ordinances at two regular meetings, lave, 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 Ga[TeE William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~LEG-DIR~loseph~Zoning-04\0804-O4Regular.doc PROPERTY STATE OF TEXAS COUNTY OF NUECES Description of an 8.080 acre tract out ora 10 out of Lot 23 and Lot 24, Section 6, Flot~ recorded in Volume "A", Pages 41-43, Map 8.080 acre tract b~ing more particularly de~cr COMMENCING at a 5/8" iron rod found !une 9, 2004 ~81-04005 r.: CI~PTION 35 ~,cre ~xact Said 10.735 acre Ixact being ~lu~' & En~inal Farm & Garden Tracts, ~ce~ds ofNu, eces County, Texas, and said ~xl I~y metesland bounds as follows: th~ east li4e of Stony Brook Unit 2, ,, shown by map, recorded in Volume 52. Pag~ 165~ and at the northwest comer of Stony Brook Subdivision, aa shown by map, recor( eil i~ Volum~ 52, Page 30, Map Records of Nuecea County, Tonaa, also the southwest~ ,~orn~r of said 10.735 acre tract, and the BEGINNING POINT s. nd southwest corner 9,~ai~ 8.080 a~re tract; THENCE lq 28°56'50TME along the east linei0~': sa~d StonyiBrook Unit 2 and wean line of said 10.735 acre tract and west line of aaid 8¢1~80 0ere tra~ a distance of 413.28 f~t to a point for the northwest comer of said 10.735 ?to, tract, alamo the northwest comex of said 8.080 acre tract; ~ , I TI-ILWNCE S 61002'40" E along the north li46of said 8.080 as:retract, a distance of 851.67 f~:~ to 8.080 acre Watt; i -' TH~qCE S 28°57'20" W along the east lin~Fs~ feet to a point on the aouth line o£said 10.~. a Subdivision for the southeast corner of said ~.780 ~aid 10.'~35 a~re uact and north line of a point ~r the northea~ corner of said id 8.080'.m:a'~ tra~ a distance of 413.28 :xe tract !and north line of Stony Brook ac're tra~t; THENCE N 61°02'40'' W alon$ the south I~n~ o~said 10.735 aore tract and south line of said 8.080 acre tn~t and north line of Ston~roo~ SubdiVision, a distanc_~ of 851.61 feet to the BEGINNING POINT and containing ~)80] acres, rdore or less. RVE. lac. Jun~ 9. 2004 Prepared by: N~]U 11-~1~1~4 1~:59 FROM:CITY 0~ CE~RPUS CF~IS ]618~63560 T0:988~5~59 r~l'l:blll' LI~ I Ul'~lJ~ CHNIS 36113~63560 TO:':X38~3<?39 BUI. LDABLg iA-P,F.~ LAYOUT; m~"?lb . FRO~I:CITY OF CORPUS C~I~IS ~618~3~ TO: 9~32~3c] P.5 k~UH:Clly UF CORPUS CHRIS 3618~6~561 22 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date; November 16, 2004) Case No.: 1004-01, Henry Tucker: A change o£zoning from a "F-R" Farm-Rural District and "R-lB" One-family Dwelling District to a "R-lB" One-£amdy Dwelling District. Thc propeay is in Flour Bluff and Encinal Farm and Garden Tract& Section 26, being 153.51 acres out of Lots 16, 17, 18, 19, 28, 29, 30, and 3 l, located east of Rodd Field Road, notch of Slough Road, and south of County Road 26-A (Brooks Road). Plannin~ Commission and Staff's Recommendation (10/06/04't: Approval. ReouestedCouncilAction; Approval o£the "R-1B' One-£amily Dwelling District and adoption o£ the atrached ordinance. Purpose of Request: Development of a 285-1ot single-family subdivision. Summary: · The applicant has requested a change of zoning from a "F-R" Farm-Rural District to a "R-lB" One-family Dwelling District to develop a 285-1ot single-family subdivision on 153 acres. Minimum Itt area permitted in the "F-R" District is five (5) acres and in the "R-lB" District 6,000 square feet The "F-R" District permits one (l) unit per five (5) acres, the "R-lB" District allows 726 units per acre. · Water/wastewater demand for the subject property is projected at 99,750 gallons with a solid waste demand of 2,536 lbs. daily. The South Fork Subdivision located to the north, is developed with a mixture of "R-lB," lC,' and "R-2" District properties that contain single-family residences and townhomes. Properties northeast and adjacent to County Road 26-A (Brooks Road) were recently rezoned to "R-lB" and "R-tC" Districts. The requested "R-lB" District is an extension of such districts to the north. · The "R-lB" District development could generate 2,850 average daily trips along Rodd Field Road, an arterial and County Road 26-A (Brooks Road) and Slough Road, both rural collectors. · The Southside Comprehensive Plan future land use map recommends the subject property develop as a Iow<lensity residential u~se which the "R-lB" District accomplishes. Applicant's Position: The applicant concurs with Planning Commission and StaWs recommendation. Notification: Of the eighteen (18) notices mailed to thc surrounding property owners, two (2) were returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. Michael N. Gunning, AICP / Assistant Director of Development SerMces CITY COUNCIL ZONING REPORT Case No.: 1004-01 Planning Commission Hearing Date: October 6, 2004 Applicant: Henry Tucker Owner: Same as applicant Agent: Naismith Engineering, Inc. Legal Description/Location: Being 153.51 acres out of Flour Bluff and Encinal Fam~ and Garden Tracts, Section 26, Lots 16, 17, lB. 19, 28, 29, 30 and 31, located east of Rodd Field Road, north of Slough Road and south of County Road 26-A (Brooks Road). From: "F-R" Farm-Rural District and "R-lB" Oneffamily Dwelling District To: "R-lB" One-family Dwelling Dislrict Area: 153.51 acres Purpose of Request: Development of a 285-1ot single-family subdivision Zoning Site "F-R" Farm-Rural District and "R- lB"One- family Dwelling District North "R-lB" One-family Dwelling District and "R-1C" One- family Dwelling District South "F-R' Farm-Rural District East "R-lB" One-family Dwelling District West "F-R' Farm-Rural District and "B-4" General Business District Existing Land Use Undeveloped land and stables Church, Iow-density residential and undeveloped land Agriculture Agriculture and scattered low-density residential Undeveloped land Future Land Use Low and medium density residential and neighborhood commercial Public and low-density residential Agriculture Low-density residential Low and medium density residential and general conu-nercial tm ~ Area Development Plan: Southside- The future land use map primarily recommends Iow- ~n ~. density residential. a.7 ~ Map No.: 042031, 041031, 042030~ 041030 Zoning Violations: None City Council Zoning ReI:mrt Case No 10~!4~)1 (tlenry Tucker) Page 2 The applicant has requested a change of zoning from a "F-R" Farm-Rural District to a "R-lB" One-family Dwelling District to develop a 285-1ot single-family subdivision on 153 acres Minimum lot area permitted in the "F-R" District is five (5) acres and in the "R-lB" District 6,000 square Feet. The "F-R" District permits one (l) unit per five (5) acres, the "R-lB' District allows 7.26 units per acre. Water/wastewater demand for the subject property is projected at 99,750 gallons with a solid waste demand of 2,536 lbs. daily. The South Fork Subdivision located to the north, is developed with a mixture of"R-1B," "R-lC," and "R-2" DisU'ict properties that contain single-family residences and townhomes. Properties northeast and adjacent to County Road 26-A (Brooks Road) were recently rezoned to "R-IB" and "R4C" Districts. The requested "R-lB" District is an extension of such districts to the north. The "R-lB" District development could generate 2,850 average daily trips along Rodd Field Road, an arterial and County Road 26-A (Brooks Road) and Slough Road, bofl'~ rural collectors The Southsidc Comprehensive Plan future land use map recommends the subject property develop as a [ow-density residential use which the "R-lB' District accomplishes. Street Type Paved Section Volume (2001) CR 26-A (Brooke Road) Rural Collector 50' R.O.W w/28' Bk to Bk Not Available Rodd Field Road Rural Arterial Slough Road Rural Collector paved section (Planned 70' ROW w/48' Bk to Bk paving) 70'R.O.W. w/48' Bk to Bk paved section (Planned 120' R.O.W. w/100' Bk to Bk paving) 50' R.O.W. w/20' Bk to Bk paved section (Planned 70' ROW w/48' Bk to Bk paving) 4,300 a.d.t. Not Available Plat is being processed tltrough Development Services-Special Services. City Council Zoning Report Casc No 1011441 (Henry Tucker) Page 3 The Southside Area Development Plan's adopted future land use map recommends that the area develop with a Iow<lensity residential development. The requested "R-lB" District achieves the recommendation of the Plan and is an expansion of the R-lB D strtct to h north. Approval of the "R-lB' One-family Dwelling District. Approval of the "R-lB" One-family Dwelling District. Number of Notices Mailed - 18 Favor - 0 Opposition - 0 (As of September 29, 2004) Attachments: Zoning Map Phase I Layout Planning Commission Minutes Ordinance / rlollm o ~ "<2,."d '"l 'l i~':, ~i/ peoM PlOpI pOOH ~i EXCERPTS FROM PLANNING COMMISSION MINUTES NOVEMBER 3, 2004 1004491 - Henry Tucker REQUEST: Change of zoning from "F-R" Farm-Rural District and "R-lB" One-family Dwelling District to "R-1B" One-family Dwelling District, resulting in a change of land use fi-om agricultural and low- density residential to low-density. Excerpts from Zoning Report Legal Dexcription/Location: Being 153.5l acres out of Flour Bluff and Encinal Farm and Garden Tract& Section 26, Lots 16, 17, 18, 19, 28, 29, 30 and 31, located eaxt of Rodd Field Road, north of Slough Road and south of County Road 26-.4 (Brookx Road). Purpose of Request_ Development ora 285-lo! single-family subdivixion Area Development Plan: Southside- The fulure lamt use map primarily recommends low-density restdenttal. Staff Recommendation: Approval of the "R lB" One family Dwelling Distrtct. Mrs. Goode-Macon provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were 18 notices mailed. None were received in favor or in opposition. The public hearing was opened. Mr. David Underbnnk, 4501 Gollihar, came forward and stated he was available to answer questions. The public hearing was closed. A motion was made by Stone and seconded by Salazar to approve as submitted. 'lite motion passed unanimously. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY HENRY TUCKER BY CHANGING THE ZONING MAP IN REFERENCE TO 153.51 ACRES OUT OF FLOUR BLUFF AND ENClNAL FARM AND GARDEN TRACTS, SECTION 26, LOTS 16, 17, 18, 19, 28, 29, 30, AND 31, FROM "F-R" FARM RURAL DISTRICT AND "R-lB" ONE-FAMILY DWELLING DISTRICT TO "R-lB" ONE-FAMILY DWELLING 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 I:orwarded to the City Council its reports and recommendations concerning the application of Henry Tucker [or amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 6, 2004, during a meeting of the Planning Commission, and on Tuesday, November 16, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, dudng 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 Chdsti 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 153.51 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 26, lots 16, 17, 18, 19, 28, 29, 30 and 31, Iocaled east ot Rodd Field Road, north of Slough Road, and South of County Road 26-A (Brooks Road), from "F-R" Farm Rural Distdct and "R-1 B" One-family Dwelling Distdct to "R-1 B" One-family Dwelling District, as shown on the a~tached Exhibit. (Maps 042031, 041031, 042030, and 041030) 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 Chdsti, 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. H:~LEG-DIR~Joseph~Zoning-04\1004-01 Regular.doc Page 2 ol= 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts ol: 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 o[ Corpus Chdsti. SECTION 7. Thai upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 16~h day of November, 2004. A'I-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED /,[/~.~,~-~,.~// Assistant City Attorney For City Attorney 2004 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:~LEG-DIR~Joseph~Zoning-04\1 004-01 Regular_doc Page 3 of 3 Corpus Christi, Texas __ day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsfl, 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 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 William Kelly Rex A. KJnnison Jesse Noyola Mark Scott H:~EG-DI R~Joseph~oning-04\1004-01 Regular. doc State of Texas Application for C~h~mg, ~ of Zonihg F-Rtof~'-l} County of Nueces Fieldnotes for a 153.51 acre tract of land more ot' ,:ss,~ being oot of Lots 16, 17 18, 19 28 29 30, and 31, Section 26, Flour Bluff and Encmal l:t'a:~n ~nd Garden Tracts, a map of which ~s recorded in Volume A, Pages nl~l.3, Map Recor~ls~f l~ueces ~ounty,, Texas: BEGINNING at a point on the south right-of-wa~, 'ine!of Brool~e Road (County Road 26-A) and the common lot line of Lots 19 and 20, said Sect',~.~ 24, for the portheast comer of this tract, from which comer the common comer of Lots 1 [, 2, i19, and 20, said Section 26, bears lq 29° 00' 00" E 20.00 feet; I I Thence, along smd common line o1: Lots 19 and 1~1) an the eas~ line of this tract, S 29 W 2,600.00 fee[ to a point in said common lot linde ~or the southeast comer of this tract, from which comer the common comer of Lots 27 and ¢8, s~d Sectio~n 26, and Lots 4 and 5, Section 25, said Flour Bluff and Encinal Farm and Ga.rde~,Tra~ts bearslS 29° 00' 00" W 20_00 feet; Thence along the north R~ght-of-way line o1: Sloqgla Rgad (Coqnty Road 26), N 61° 00' 00" W 2,480 00 feet to a point in the east right-of-way li~ of!Rodd Field Road, for the southerly west comer of this tract, from which comer the comm~, comer of s~id Lot 31 Section 26. said Lot Section 25, Lot 25, Section 20, and Lot 8, Sectior~ gl,: Garden Tracts bears S 29~ 00' 00" W 20.00 feet ~1 N Thence along said east right-of-way line N 03" 3: of-way line, for the northerly west comer of this Thence along said east right-of-way line BI 29° 0t perpendicular to the common lot line of said L~ts Section 20, 2,140.00 feet to a point in said east riI this tract; aid Flora- Bluff and Encinal Farm and 61° 00' i00" W 110.00 feet; 12' E 232.59 feet to a point in said east right- let; ; 00' W 60_00 feet from and measured 5 ao, d 31, Section 26, and Lots 24 and 25, said t-of(way lin~ for the westerly north comer of Thence along satd east Right-of-way hne of Rod ?~el~t Road, ~ 54 27 48 W 232.59 feet to a point in said south Right-of-way line of Brooke l~Oad, }:or the e~terly north comer of this tract, from which comer the commo, comer orLo= 2, ,.aia 20 aid S :1io. 26, lq 29° 133' 00" E 20.00 feet and N 61° 00' 007 W 1~10.00 fe4t; Thence along said south Right-of-way line of Br4Oke oadS 6 o 00' 00" E 2,480.00 feet to the Point of Beginning. i [ NOU-11-E~4 1~:~6 FROM:CITY OF CORPUS CF~IS ]618c36156~ T0:9~8~5~59 P.8 23 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: November 16, 2004) Case No.: 1004-02, Aiascosa Land and Cattle, Ltd.: A changc of zoning from a "R-lB" One- family Dwelling District to a "B-I" Neighborhood Business District. The property is in Bass Subdivision, Block 28, Tract N, and a portion of Tract M, located north of Saratoga Boulevard and 1,200 feet east of Airline Road. Plannim! Commission and Staff's Recommendation (10/06/04): Approval. Re;luested Council Action: Approval of the "B-I" Neighborhood Business and adoption of the attached ordinance. Development of a seltkservice/automatic car wash. Purpose of Request: Summary: Applicant is requesting a change of zoning from "R-1B" One-family Dwelling District to a "B-1" Neighborhood Business District for the development of a self-service/automatic car wash on 0.94 acre. The proposed self-serve car wash is planned as a one-story building consisting of 3,250 square feet. Four (4) self-service bays, one (1) automatic bay and one (I) equipment room arc plam~ed within the building. Employment will consist of two to three employees with the hours of operation being 24 hours, seven days a week. North and west of the subject property is developed "B4" General Business District property. To the south, across Saratoga Boulevard, is undeveloped "kid" General Business District property. East of the subject property is developed "R-1B" One-family Dwelling District property. Policies within the Comprehensive Plan recommend commercial uses have direct access to an arterial without traversing residential areas. The subject property has direct access to Saratoga Boulevard, an arterial, without traversing the residential area to the northeast. Signage in the "B-I" District is limited to a lbrty (40) square foot freestanding sign with a maximum height of twenty (20) feet and unlimited wall signagc Applicant's Position: The applicant concurs with Planning commission and StafFs recommendation. Notification: Of the eight (8) notices mailed to thc surrounding property owners, (3) were returned in favor and zero (0) were received in opposition. The 20% rule is not invoked. This case is considered noncontroversial or controversial. I Michfiel N. Gunning, AICP [ Assistant Director of Development Services Case No 10~44)2 (Alta~cosa land and Cattle, Ltd) Page 2 Attachments: 1) Zoning Repoa 2) Zoning Map 3) Planning CommissionMinutes 4) Ordinance H:kPLN D[R~SHARED\CHRISTAL\WOKD~AGENDM EM~2004\10044)2AGEND AM EMODo~ City Council ZONING REPORT Case No.: 1004-02 Planning Commission Hearing Date: October 6, 2004 Applicant: Atascosa Land and Cattle. Ltd. Owner: Robert Hanus and Nancy Halton Agent: Ryan P. Schuchart, Realtor Legal Description/Location: Bass Subdivision, Block 28, Tract N, and a portion of Tract M, located north of Saratoga Boulevard and 1,200 feet east of Airline Road From: "R-lB" One-[amily Dwelling District To: "B-1" Neighborhood Business District Area: 0 94 acre Purpose of Request: Sel f-service/automatic car wash Zoning Existing Land [lie Site "R-lB" One-family Dwelling Vacant lot Dislxict North "B4" General Business Teachers Credit Union Disa-ict South "B4"General Business Undeveloped land Dis~c£ East "R-lB" One-family Dwelling Low<lensity residential District West "B4" General Commercial Teachers Credit Union District Future Land Use General Commercial General Commercial General Commercial General Commercial General Commercial Area Development Plan: Southside The requested "B-I" District is supported by the future land use map that recommends commercial development. Map No.: 041032 Zoning Violations: None Zoning Reporl Casc No LOOa~)2 (Altascosa Land and (attic, Ltd) Page 2 Applicant is requesting a change of zoning from "R-lB" One-family Dwelling District to a "B-I" Neighborhood Business District for the development of a self-service/automatic car wash on 0.94 acre. The proposed self-serve car wash is planned as a one-story building consisting of 3,250 square feet. Four (4) self-service bays, one (l) automatic bay and one (1) equipment room are planned within the building. Employment will consist of two to three employees with thc hours of operation being 24 hours, seven days a week. North and west of the subject property is developed "B4" General Business District properly. To the south, across Saratoga Boulevard, is undeveloped "B-4" General Business District property. East of the subject property is developed "R-lB" One-family Dwelling District property. Policies within the Comprehcnsive Plan reconunend commercial uses have direct access to an arterial without traversing residential areas. The subject property has direct access to Saratoga Boulevard, an arterial, without traversing the residential area to the northeast. · Signage in the "B-[' District is limited to a forty (40) square foot freestanding sign with a maximum height of twenty (20) feet and unlimited wall signage. Street Type Paved Section Volume (2001) Saratoga Boulevard Arterial 120' R.O.W. w/74' Bk. to 12,870 a.d.t. Bk. paved section Airline Road Arterial 120' ROW. w/74' Bk. to 3,760 a.d.t. Bk. paved section The subject property is a platted lot. The "B-1" District provides for a smaller sign area along the Saratoga Boulevard corridor. Approval of the "B-1" Neighborhood Business District. Zoning R~por t Ca~e No 101M4~2 (Alra~cosa land and Cattle, Lid) Page 3 Approval of the "B-I" Neighborhood Business Dislrict. Number of Notices Mailed - 8 Favor - 0 Opposition - 0 (As of September 29, 2004) Attachments: Zoning Map Planning Commission Minutes Ordinance H:~P LN -D [R~S HA KED\C H RIS TA L\WO P~D~AGEN DM EML2004 \1004~}2AG ENDAM EMO.DOC F H M SUBJECT EL B-4 L M 2O I~'1 AB / A-2 / NORTH Excerpts of Planning Commission Minutes November 3, 2004 1004~)2 - Atascosa Land and Cattle, Ltd. REQUEST: Change of zoning from "R-lB" One-family Dwelling District to "B-I" Neighborhood Business District, resulting in a change of land use from Iow<tensity residential to neighborhood commercial. Excerpts from Zoning Report Legal Description/Location: Bass Subdivision, Block 28, Tract N, and a porlion of Tract M, located north of Saratoga Boulevard and 1,200 feet east of Airline Road Purpose of Request: Self-service/automatic car wash Area Development Plan: Southside The requested "B-I "District ix supported by the future land use map. that reco~nmends co~nmercial development. Staff Recommendations: Approval of the "B-I "Neighborhood Business District. Mrs. Goode-Macon provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were eight notices mailed. Three were received in favor or in opposition, The public hearing was opened. No one appeared to be in favor or opposition. Public hearing was closed. A motion was made by Smith and seconded by Salazar to approve as submitted. The motion passed unanimously. Page 1 of 3 AN ORDINANCE AMENDING 'FHE ZONING ORDINANCE, UPON APPLICATION BY ATASCOSA LAND AND CATTLE, LTD. BY CHANGING THE ZONING MAP IN REFERENCE TO BASS SUBDIVISION, BLOCK 28, TRACT N, AND A PORTION OF TRACT M, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "B-I" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; 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 Atascosa Land and Cattle, LTD. for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 6, 2004, during a meeting of the Planning Commission, and on Tuesday, November 16, 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 ChdstJ, Texas, is amended by changing the zoning on Bass Subdivision, Block 28, Tract N and a portion of Tract M, located north of Saratoga Boulevard and 1,200 feet east of Airline Road, from "R-lB" One-family Dwelling Distnct to "B-l" Neighborhood Business Dis~ct. (Map 041032) SECTION 2. That the o[flcial Zoning Map of the City of Corpus Chdsti, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section I 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 cenform to the Zoning Ordinance, as amended by this ordinance. H:~EG-DIR~Joseph~Zoning~4\1004-O2Regular.doc Page 2 ol~ 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance am 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 Christi_ SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 16~ day of November, 2004. ATi'EST: THE crI-Y OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED Joseph ~ Assistant City Attorney For City Attorney 2004 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:~.EG-DIR~Joseph~oning-04\1004-02Regular.doc Page 3 of 3 Corpus Christi, Texas __ day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus ChrisU, 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 vo[ing 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~Josep h~.oning-04\1004-02Regular.doc 24 AGENDA MEMORANDUM PUBLIC HEARING- ZONING (City Council Action Date: November 16, 2004) Case No.: 1004-03, Esl~eranza Garza and Gall Seal: A change of zoning from a "R-lB" One-family Dwelling District and "AB" Professional Office District to a "B-I" Neighborhood Business District. The property is in Alameda Park. Block 6, Lots 1, 2, and 36, located east o£ Everhart Road and south of Avalon Street. Planninl~ Commission and Staff's Recommendation 00/06/04): Approval. Requested Council Action: Approval o£the "B-I" Neighborhood Business District and adoption of the attached ordinance. Purl~ose of Request: Development of a Motor Bank. Summary: The applicants arc requesting a change of zoning on the subject property to "B-l" Neighborhood Business District for the development ora bank with a drive-thru facility. The subject property consists of three platted lots located along the southeast intersection of Everhart Road and Avalon Street. The two lots with adjacency along Everhart Road are developed with a commercial building and the single lot along Avalon Street is developed with a single-£amily structure. All structures are planned for demolition. Development plans for the proposed bank indicate the construction of an one-story 4,000 square foot building with a six to seven lane drive-thru facility. Water/wastewater demand for the subject property is projected at l, 120 gallons with a solid waste demand of 40 lbs. daily. Two lots have direcl access to an arterial, Everhart Road, with one lot having access along Avalon Street, a local street. Properties along Everhart Road and Avalon Street are slowly transitioning to office and neighborhood commercial uses. North of the subject property, across Avalon Street, is developed "B-I" District property. Along the south are developed "AB" and "B-I" District properties. To the west is an "R-lB" District developed with single-family residences. Along the east are "AB" and "B-l"District properties developed with a mixture of office, retail and single-family uses. Over the past decade, properties along Everhart Road and Avalon Street have been transitioning to nonresidential uses. Such uses include offices, restaurants, retail shops and salons. The requested "B-I" District is consistent with the future land use map that recommends neighborhood commercial uses. Al~lfficant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Case No 1004~}3 (Esperanza Garza/Gail S~ml) Page 2 Notification: Of the twenty-eight (28) notices mailcd to the surrounding property owners, one (1) was returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked_ This case is considered noncontroversial. Michael N. Gunning, AICP Assistant Director ol5 Development Services Attachments: 1) Zoning Report 2) Planning Commission Minutes 3) Ordinance H :~p LN-D iRX3 HAiLED\CHRIS TAL\WO R DLa. GEN D M EM~20~I\1004 4)3 AGEN D AM EMO doc CITY COUNCIL ZONING REPORT Case No.: 1004-03 Planning Commission Hearing Date: October 6, 2004 Applicant: Esperal~a Garz,a and Gall Seal Owner: Same as Applicant Agent: Wayne Lundquist Legal Description/Location: Alameda Park, Block 6, Lots l, 2, and 36, located east of Everhart Road and south of Avalon Street. From: 'R-lB" One-fam'ly D,aelling D str'ct and "AB" Professional Office District To: "B-i" Neighborhood Business District Area: 0.51 acre Purpose of Request: Bank with drive-thru facility. Z~ning Site "R-lB" One-family Dwelling District and "AB" Professional Office Districl North "B-I" Neighborhood Business District South "AB"/SP" Professional Office District with a Special Permit and "R- 1B"/SP One- family Dwelling District with a Special Permit East "R-lB" One-family Dwelling Disla-ict and "AB" Professional Office District West "R-lB" One-family Dwelling District Existing Land Use Low4ensity residential and office Office and retail uses Vacant commercial building, office and hair salon LowMensity residential, hair salon and offices Low-density residential Future Land Use Neighborhood Commercial General Commercial Neighborhood Commercial and Professional Office Neighborhood Commercial Low-density residential Area Development Plan: Southeast - Overall, the Comprehensive Plan Elements are supportive of the requested "B-1' District. The Southeast Area Development Plan's adopted futurc land use map recommends the area to develop with professional office and neighborhood commercial uses. Map No.: 043038 Zoning Violations: None Zoning Report Case No 1004-03 (Esperanz.a Garza and Gall Seal) Page 2 The applicants are requesting a change of zoning on the subject property to "B-I' Neighborhood Business District for the development of a bank with a chive-thru facility. The subject property consists of three platted lots located along the southeast intersection of Everhart Road and Avalon Street. The two lots with adjacency along Everhart Road aredevelopedwith aconunercialbuildingand thesingle lot alongAvalon Street is developed with a single-family structure. Ali structures are planned for demolition. Development plans for the proposed bank indicate the consmiction of an one-story 4,000 square foot building with a six to seven lane drive-thru facility. Water/wastewater demand for the subject property is projected at 1,120 gallons with a solid waste demand of 40 lbs. daily. Two lots have direct access to an arterial, Everhart Roadl with one lot having access along Avalon Street, a local street. Properties along Everhart Road and Avalon Street are slowly tmnsitioning to office and neighborhood commercial uses. North of the subject property, across Avalon Slxeet, is developed "B-I" District property. Along the south are developed "AB" and "B-I' District properties. To the west is a "R-lB" District developed with sing[e-family residences. Along the east are "AB" and "B-l'District properties developed with a mixture of office, retail and single-family uses. Over the past decade, properties along Everhart Road and Avalon Street have been transitioning to nonresidential uses. Such uses include offices, restaurants, retail shops and salons. The requested "B-I" District is consistent with the future land use map that recommends neighborhood commercial uses. Street Type Paved Section Volume (2001) Everhart Road Arterial 80'R.O.W.w/48' Bk to Bk 17,670 a.d.t. paved section Avalon Street Loca[ 50' R.O.W. w/28' Bk to Bk Not available The subject property consists of three platted lots Zomng Report Case No. 1004-03 (Esperanza Garza and Gall Seal) Page 3 The Everhart Road and Avalon Street comdors are successfully transitioning to office and retail uses as recommended by the Southeast Area Development Plan. Approval of the "B-1" Neighborhood Business District. Pending, Number of Notices Mailcd - 28 Favor - 0 Opposition - 0 (As of September 30, 2004) Attactunents: Zoning Map Planning Commission Minutes Ordinance H:~P LN-D [R~S HARED~n RIS TA L\WO RDXAGEN DM EM~2004\ t 0044)3 AGENDAM EMO DOC NORTH EXCERPTS FROM PLANNING COMMISSION MINUTES NOVEMBER 3, 2004 1004-03 - Esperanza Garza and Gall Seal REQUEST: "R-lB" One-family Dwelling District and "AB" ProFessional Office Dis~ict to Neighborhood Business District, resulting in a change o£ land use fi-om Iow<lensity residential and pro~'cssional office to neighborhood commercial. Excerpts from Zoning Report Legal Description/Location_ Alameda Park, Block 6, Lots 1, 2, and 36, located east of Everhart Road and south of Avalon Street. Purpose of Request: Bank wtth drive-thru facility Area Development P/an: Southeast Overall. the Comprehensive Plan Elements are supportive of the requested "B-I "District. The Southeast Area Development Plan ~ adopted future land ase map recommends the area to develop with professtonal office and netghborhood commercial uses. StaJ~s Recommendation: Approval of the "B-I "Neighborhood Basin&cs Dtstrict. Mrs. Goode-Macon provided graphics o£ the subject property and the sun:ounding area. The zoning report and tape recording are on file. She stated that there were 28 notices mailed. One was received in £avor and one in opposition. Chairman Berlanga asked what kind of signage was allowed in the "B-I' District Mrs. Goodc- Macon stated signage was limited to one freestanding sign and unlimited wall signs. The public hearing was opened. No one appeared to bc in £avor or opposition. Public hearing was closed A motion was made by Salazar and seconded by Stone to approve as submitted. The motion passed unanimously. H:~PLN DIRXSI~ARED~CHRISTAL\WORDLA. GENDMEMX20(M\1004-03AGENDAMEMO doc Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ESPERANZA GARZA AND GAlL SEAL BY CHANGING THE ZONING MAP IN REFERENCE TO ALAMEDA PARK, BLOCK 6, LOTS 1, 2, AND 36, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT AND "AB" PROFESSIONAL OFFICE DISTRICT TO "B-I" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. W¥1EREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Esperanza Garza and Gall Seal for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 6, 2004, during a meeting of the Planning Commission, and on Tuesday, November 16, 2004, dudng 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 sewe 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 Alameda Park, Block 6, Lots 1, 2, and 36, located east of Everhart Road and south of Avalon Street, from "R-lEI" One-family Dwelling District and "AB" Professional Office District to "B-1" Neighborhood Business District. (Map 043038) SECTION 2. That the official Zoning Map of the City of Corpus Chdsti, 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 Chdsti, 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-DIRLIoseph~Zoning-O4\1004-O3Regular.doc Page 2 o1' 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 ol~ the City ol= Corpus Chdsti as required by the City Charter of the City of Corpus Chdsti_ 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 two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 16~h day of November, 2004 AT[EST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ~/~,~,~,~ Joseph Ha/~ey ~J'-'O~ Assistant City Attorney For City Attomey 2004 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:~LEG-DIR~.loseph~oning-04\1004-03Regular.doc Page 3 of 3 Corpus Chdsti, 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 Charier 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 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 William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DIR~Joseph~oningq:)4\1004-03Regular.doc 25 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: November 16, 2004) Case No.: 1004~5, VOl & BH, Ltd. Wm. lt. Holmes, Jr.: A change of zoning fi-om a "R-lB" One-family Dwelling Dislnct to a "B4" General Business District. The property is in Broadmoor Park No. 2 Extension, Block C, Lots 6 and 7, located east of Sarita Street and north of South Port Plannim~ Commission and Staff's Recommendation (10/06/04): Denial of the "B-4" District and in lieu thereof, approval ora "R-lB" District with a Special Permit, subject to six (6) conditions. Requested Council Action: Denial of the "B-4" District and in lieu thereof, approval ora "R-lB' Dis~ict with a Special Permit, subject to six (6) conditions Purpose of Request: Parking lot for retail use to the south. Summary: Applicant requesting a change of zoning to a "B-4" General Business Dis~'ict in order to USe the residential lots as parking for the adJacent building to thc south, Proposed use for the building is a retail store. · The subject property consists of two vacant lots with a total area of 0.296 acre (12,900 square feet). · The lots were previously illegally used as another boat storage for thc former boat sales operation. · The proposed parking lot may contain 43 parking spaces which would account for approximately 86 trips per day. Two single-family residences would generate approximately 20 trips per day. The subject property has direct access to Santa Street, a local residential street. Staff is of the opinion that further erosion of the residential area would adversely impact the existing residential neighborhood to the north and east. A Special Permit could be crafted to lirmt adverse effects to the surrounding residential properties The Westside Area Development Plan recommends the subject property develop with low density residential uses. The requested "B-4" District and the proposed parking lot are not consistent with the Plan's recoInmended land use. · Denial of the "B4" General Business District and in lieu thereof, Approval of a Special Permit for a parking lot associated to the grocery store use only and subject to a site plan and six (6) conditions. USE: The only use authorized by this Special Permit, other than the basic uses permitted by fight in a "R-lB" One-family Dwelling District, is a parking lot associated to the grocery store use only. 2. OUTSIDE STORAGE: Outside storage of grocery containers, cargo trailers and other itents is not permitted. 3. SCREENING: The existing wood standard screening fence with a height of not less than six (6) feet must be maintained along the northeast property line. Agenda Memorandum C~s¢ No 10044~5 (WH & BH L~I.) P~ge 2 4. LIGHTING: All exterior lighting must be directional and shielded Lighting inust be directed away from surrounding residences and adjacent public fight-of-way. LANDSCAPING: A landscape strip not less than ten feet along Sarita Street on Lot 7 is required. Additionally, Lots 6 and 7 are to comply with the landscaping regulations of the "B-I' Neighborhood Business DisWict. TIME LIMIT: This Special perrmt shall be deemed to have expired within one year from the date of this ordinance unless the property is being used as outlined in condition itl and in compliance with all other conditions and City regulations. Al~l~licant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the twenty-seven (27) notices mailed to the surrounding property owners, six (6) were returned in favor and none were returned in opposition. -Thirty-four (34) plus one (1) petition with forty (40) signatures from outside area were returned in favor. The 20% rule is not inv~oked. This case is considered noncontroversial. ~//~~, _~~ Michael N. Gunning, AICP ~ Assistant Director of Development Services Attachments: 1) 2) 3) 4) 5) Zoning Report Zoning Map Industrial Park Preliminary Layout Planning comrmssion Minutes Ordinances H:~ LN-D IR~SHARED~ HRtSTA L\WO RD~AGEN DM EM~2004\ [ 004 X~5 AG ENDAM EMO doc CITY COUNCI'L ZONING REPORT Case No.: 1004-05 Planning Commission Hearing Date: October 6, 2004 Applicant: WH & BH, Ltd., Wm. H. Holmes Owner: Gulf Coast Marine Agent: John Kendall Legal Description/Location: Broadmoor Park No. 2 Extension, Block C, Lots 6 and 7, located east of Santa Street and north of South Port Avenue, From: "R-I B" One-family Dwelling District To: "B-4" General Business District Area: 0.296 acre (12,900 square feet) Purpose of Request: Parking lot for proposed retail use in abutting property to the south. Zoning Site "R-lB" One-family Dwelling District North "R-lB" One-family Dwelling District South "B4" General Business Disa-ict East "R-lB" One-family D~velling District West "B-4" General Business District Existing Land Use Undeveloped Single-family residences Vacant building Single-family residences General commercial office Future Land Use Low-density residential Low-density residential General commercial Low-density residential General commercial Area Development Plan: Westside - The future land use map recommends the area to develop with low-densiW residential uses. The requested "B-4" Distxict is not consistent with the Plan, Map No.: 047042 Zoning Violations: Currently None. Formerly used as an illegal boat storage area. Applicant requesting a change of zoning to a "B4" General Business District in order to use the residential lots as parking for the adjacent building to the south. Proposed use for the building is a retail store. The subject proper~ consists of two vacant lots with a total area of 0.296 acre (12,900 square feet). The lots were previously illegally used as another boat storage for the former boat sales operation. The proposed parking lot may contain 43 parking spaces which would account for approximately 86 trips per day. Two single-family residences would generate approximately 20 trips per day. The subject property has direct access to Santa Street, a local residential street. Staff is of the opinion that further erosion of the residential area would adversely impact the existing residential neighborhood to the north and east. A Special Permit could be crafted to limit adverse effects to the surrounding residential properties The Westside Area Development Plan recommends the subject property develop with low density residential uses. The requested "B-4" District and the proposed parking lot are not consistent with the Plan's recommended land use. Street Type Sarita Street Local Paved Section Volume (2001) 50' R.O.W. w/24' Bk. to Bk. None paved section available The subject property contains two platted lots. The subject property is in a residential area. The residential area to the north and east are fragile residential areas due to the commercial corridor to the west along South Port Avenue and the ~iCr~sst~wnEx~resswayt~he~ast.A~r~va~fa~n~residentia~z~ning~nthestth~ectpr~perty would further erode the residential stability. Commercial properties along South Port Avenue have direct access to that arterial road. The subject property has direct access to a lo~al residential street and no direct access to an arterial or collector. Granting of a non-residential would introduce more non-residential traffic into the residential area. Sarita S~eet intersects with Baldwin Boulevard, an arterial, to the north. Denial of the "B4" General Business District and in lieu thereof, Approval of a Special Permit for a parking lot associated to the grocery store use only and subject to a site plan and six (6) conditions: 6 USE: The only use authorized by this Special Permit, other than the basic uses permitted by right in a "R-lB" One-family Dwelling District, is a parking lot associated to the grocery store use only. OUTSDE STORAGE: Outside storage of grocery containers, cargo trailers and Other items is not permitted. SCREENING: The existing wood standard screening fence with a height of not less than six (6) feet must be maintained along _the northeast property line. LIGHTING: All exterior lighting must be directional and shielded. Lighting must be directed away from surrounding residences and adjacent public right-of-way. LANDSCAPING: A landscape s~ip not less than [en feet along Sarita S~eet on Lot 7 is required. Additionally, Lots 6 and 7 are to comply with the landscaping regulations of the "B-I" Neighborhood Business District TIME LIMIT: This Special Permit shall be deemed to have expired within one year fi.om the date of this ordinance unless the property is being used as outlined in condition #1 and in compliance with all other conditions and City regulations. Same as Staff. Number of Notices Mailed - 27 Favor - 6 plus 34 outside area plus l petition with 40 signatures Opposition - 0 (As of October 8, 2004) 2 NORTH ,I Z 0 EXCERPTS FROM PLANNING COMMISSION MINUTES November 3, 2004 1004-05 -WH&BH, Ltd. REQUEST: "R-lB" One-family Dwelling District to "B4" General Business District, resulting in a change of land use from low-density residential to general commercial. Excerpts from Zoning Report Legal Description/Location: Broadmoor Park No. 2 Extermion, Block C, Lots 6 and 7, located east of Sarita Street and north of South Port Avenue. Purpose of Request: Parking lot for proposed retail use in abutting property to the south. Area Development Plan: Westside The future land use map recommends the area to develop with low-density residential uses. The requested "B-4 " District is not consistent with the Plan. Staff Comments: The subjecl property is in a rg.~idential area The restdential area to the north and east are fragile residential areas due lo the commercial corridor to the west along South Port Avenue and the Crosstown E~rpressway to the east. Approval of a non-residential zoning on the subject property would fi~rther erode the residenttal stability. Commercial properties along South Port Avenue have direct access to that arterial road. The subject property has direct access to a local residential street and no direct access to an arterial or collector. Granting of a non-residential would introduce more non- residential traffic into the residential area. Sarita Street intersects with Baldwin Boulevard, an arterial, to the north. Staff Recommendation- Denial of the "B-4 " General Business District. Mrs. Goode-Macon provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were 27 notices mailed. Six were received in favor along with a petition with 40 signatures in support from the surrounding area, and none were received in opposition. Mrs. Goode-Macon stated if the Commission wants to consider a different recommendation, staff will recommend a "B-I" District could be supported or special permit cra~ed to protect the residential area. The special permit would be; 1) the placement ora solid masorwy wall tapered not less than six and one half feet along the abutting property line to the residential area and tapering down to three feet within the twenty five foot area going toward Sar/ta Street; 2) the removal of the driveway on Lot 7; and 3) provide landscaping along Lots 7 and 6 as required in the "B-I" District. There is an existing building on Lot 6 which will be converted from Gulf Coast Manne to La Hacienda Grocery Store. Braselton asked the parking lots would only serve the grocery store. Mrs. Goode-Macon stated that it would and there were three options; 1) deny the zoning change; 2) allow for "B-I" District use; or 3) to offer a special permit which has elements to protect the residential area. Mr. Gunning stated the preference is a special permit. Salazar asked if the applicant agreed to the special p~zmdt. Mrs. Goode-Macon stated staff expressed a recommendation of denial and offered two alternatives to consider. She also stated the applicant and representative have reviewed the special permit and are ready to proceed if that is the vote of the Commission. It can be craRed as we proceed to Council. The public hearing was opened. Mr. Billy Holmes, 1421 Jackfish, owner of Golf Coast Marine, stated he moved his business to Flour Bluff. He'is negotiating with La Hacienda Market. They are interested in this location due to being across from H.E.B. They contacted people in the area and 40 of them were in favor of the market. He stated be is willing to work out the driveway issue and the masonry fence issue, but the fence that is currently in that location was built by the neighbor and it architecturally matches his house. He may not want it changed. Chairman Berlanga asked if he agreed to a special permit. Mr. Holmes stated he did. Salazar commended the applicant on trying to use the existing infrastructure. Mr. Cliff Atknip, 700 Everhart, broker of the transaction, stated the primary parking will be on other side of building. The lots in question will mainly be employee parking. This is a new business in town. There are two locations in Austin and one in San Marcus. This is an ideal location for this business. The public heating was closed. Salazar read the following conditions of the special permit into the record. Items to consider should include a solid masonry wall with a height of not less than 6-Y2 feet along the property lines abutting a residential lot and tapered down to three feet within 25 feet of Sarita SO'cee, remove the existing driveway from Lot 7, require a landscape strip of not less than ten feet along Sarita Sa'cee on Lot 7, and require Lots 6 and 7 to comply with the landscaping regulations as if the property were zoned a "B-I" Neighborhood Business District. The use permitted in the "RI-B" Dis~-ict allows for a parking lot. Consideration should be made to protect the existing abutting single-family residences from the noise of the parking lot. A motion was made by Salazar and seconded by Stone to re open the zoning case. Salazar verified Mr Atknip heard the conditions staffreeommended. Mr. Atknip stated his concern is the fence. The neighbor built the existing fence to match the rest of the fence around his yard. We should approach him to see if he prefers a masonry fence. Ms. Bailey stated that it be specified in the conditions that the parking lot can only be used for the grocery store, Salazar asked if staff was set on the masonry fence. Mrs. Goode-Macon stated they were. Staff and the Planning Commission recommended several masonry fences requirements over the last 20 years. Salazar stated there has been consistency with trying to maintain protection to residential neighberlmods. Stone asked if the adjacent property owner was aware of the masonry fence. He may not want a mammy fence. Bmselton stated he did not understand the reason for a masonry fence versus another type of fence. They are very expensive. Ms. Bailey stated staWs concern is screening. Higher development standards would be masonry. What staffneeds to do is ensure they will work with the applicant and the neighbor. We can specify that there needs to be a permanent screening fence and before this case goes to before go to council, concur with the neighbor on what he wants. The public hearing was closed. A motion was made by Salazar to consider zoning for the parking lot with a permanent screening fence (type offence will be worked out between staff and the adjoining property owner) with a height of not less than 6-½ feet along the property lines abu~ng a residential lot aM tapered down to thn~ feet within 25 feet of Sarita S~eet, remove the existing driveway from Lot 7, require a landscape strip of not less than ten feet along Santa SU'eet on Lot 7, and require Lots 6 and 7 to comply with the landscaping regulations as if the property were zoned a "B-I" Neighborhood Business District. The use pemutted in the "R1-B" District allows for a parking lot. Consideration should be made to protect the existing abutting single-family residences from the noise of the parking lot. The parking lot is only to support grocery store use. Stone seconded the motion. The motion passed unanimously. H:~P LN-D IR'~ HA RE D~ H RIS TAL\WOi~D~AGEN DM EMk2004 \10044)5 AG END AM EMO.doc Page 1 oi" 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY WI-I & BH, LTD, AND WM. H. HOLMES, JR. BY CHANGING THE ZONING MAP IN REFERENCE TO BROADMOOR PARK NO. 2 EXTENSION, BLOCK C, LOTS 6 AND 7, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "R-lB" ONE-FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT SUBJECT TO SIX (6) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application ofWH & BH, Ltd. and WM. H. Holmes, Jr. for amendment to the City of Corpus Christi Zoqing Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 6, 2004, during a meeting of the Planning Commission, and on Tuesday, November 16, 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 Chdsti, Texas, is amended by granting a special permit for accessory parking, subject to six (6) conditions, on Broadmoor Park No. 2 Extension, Block C, Lots 6 and 7, currently zoned "R-lB" One-family Dwelling District located east of Sadta Street and north of South Port Avenue. (Map 047042) SECTION 2. That the Special Permit granted in Section I of this Ordinance is subject to the following six (6) conditions: USE: The only use authorized by this Special Permit, other than the basic uses permitted by dght in a "R-lB" One-family Dwelling District, is a parking lot assodated to the grocery store use only. 2_ OUTSIDE STORAGE: Outside storage of grocery containers, cargo trailers, and other items is not permitted. H:~EG-DIR~Joseph~.oning-04\1004-05Specialr. doc Page 2 of 4 SCREENING: The existing wood standard screening fence with a height of not less than six (6) feet must be maintained along the northeast property line. LIGHTING: All extedor lighting must be directional and shielded. Lighting must be directed away from surrounding residences and adjacent public right-of-way. LANDSCAPING: A landscape strip not less that ten (10) feet along Sadta Street on Lot 7 is required. Additionally, Lots 6 and 7 are to comply with the landscaping regulations of the "B-1" Neighborhood Business District. TIME LIMIT: This Special Permit shall be deemed to have expired within one (1) year from the date o1' this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions and City regulations. SECTION 3. That the official Zoning Map of the City of Corpus Chdsti, 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 o[ the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. That publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter ol~ the City of Corpus Chdsti. SECTION 8. 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 [or 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 [wo regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 16~ day of November, 2004. H:\LEG-DIR~Joseph~oning-04\1004-O5Specialr.doc Page 3 or' 4 A'rrEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secreta~ APPROVED ~,/~f~.,..4..,~// Assistant City Attorney For City Attorney 2004 Samuel L. Neal, Jr, Mayor, The City of Co[pus Chdsti H:\LEG-DIRUoseph~Zoning-04\1004-05Spedalr.doc Page 4 o1' 4 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 requiting 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 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 William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~_EG-DIR~Joseph~Zoning-04\1004-05Specialr.doc 26 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Provide an update on the design, implementation and evaluation of the Wireless Fidelity (WiFi) and Automated Meter Reading (AMR) pilot projects. STAFF PRESENTER(S): Name 1. Ogilvie Gericke 2. Leonard Scott TiUe/Position Director Business Unit Manager Department MIS MIS ISSUE: The City contracted with Public TeChnology, Inc. (PTI) to provide consulting services for the design, implementation and evaluation of automated meter reading and wireless broadband network pilot projects. PTI developed the RFI / RFP and Council awarded contracts to Tropos Networks, Inc. for installation of the wireless broadband network and Northrop Grumman Commercial Information Services/Hexagram (NGCIS) for installation of the automated meter reading solution in the pilot project areas. The anticipated completion date is March 2005. BACKGROUND: Numerous issues are facing the City's meter reading activity today. First, the existing manual meter reading system is expensive and does net support good customer service. Secondly, legislation requires individual metering for multi-family dwellings, apartments and trailer parks. Thirdly, the City's aging mater 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 w~th the development of a strategy and specific recommendations for the pursuit of an Automated Meter Reading solution. This analysis, with projected cost estimates, indicated that Automated Meter Reading should be considered a viable alternative and that sharing of infrastructure with other wireless systems is also desirable. REQUIRED COUNCIL ACTION: No action required at this time. Ogilvie F. Gedcke, P.E_, Director of Information Systems 27 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Bond Issue 2004 STAFF PRESENTER(S): Name 1. 'Angel R. Escobar, P.E. Title/Position Director Department Engineering Svcs. OUTSIDE PRESENTER(S): Name 1. N/A Title/Position Orqanization ISSUE: This item consists of a presentation of the draft preliminary scheduling of projects recently approved in the November 2004 Bond Election. BACKGROUND: On Tuesday, November 2, 2004, the City o[F Corpus Christi held an election to consider a number of ballot propositions to [Fund major capital improvements for the community, Bond Issue 2004. The November 2, 2004 eleclJon was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) for Street Improvements, Public Health and Safety, Public Facilities, Parks and Recreation/Museum, and the Bayfront Master Plan. The approved projects target the City's most immediate needs to improve existing physical facilities, provide [For growth, and protect the City's investment in its infrastructure. REQUIRED COUNCIL ACTION: None Required 28 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Animal Care Services Update to June 2002 Action Plan STAFF PRESENTER(S): Name 1. Annette Rodrlquez 2. Elizabeth Hundley 3. Cherrle A. Stunz TltlelPoslflon Asst. Director Asst. City Attomey Manager Department Public Health Legal Animal Care OUTSIDE PRESENTER(S): Name 1. 2. TltlelPoslflon Omanizatlon ISSUE: June 25, 2002, Animal Care and Control Division Action Plan BACKGROUND: On June 25, 2002, Dr. Ardys Boostrom, Acting Director of Public Health. presented an Action Plan to Council for review. REQUIRED COUNCIL ACTION: No Council Action required. This Is an update. Additional Background Exhibits He~d Sig~ ut~ur~) Animal Care Services 2002 Action Plan ? Mission: · Protect citizens from rabies · Apprehend stray, at-large, unwanted animals · Enforce city and state laws Results of 2002 Action Plan Operational Action: Lethal injection vs. Carbon Monoxide (CO) Outcome: · CO no longer used · Lethal injection by sodium pentobarbital Operational Action: Low cost spay/neuter program Outcome: · Staff committed to continuance of program · Money to be spent on education and spay/neuter · Continued dialog with veterinarians to increase participation · Looking at community problems Operational Action: Additional staff Outcome: Addib'onal staff · One additional Animal Control Field Officer · One additional Animal Control Kennel Officer Reorganization · Field Supervisor · Kennel Master · Bite/Cruelty Investigator Operational Action: Community Education Outcome: · Participation by all STAFF .I Community Education Where: NIP Special events PSA's Schools Media Guest speaker Revised Facility Hours 2003: Operational Action: Main office - 7am to 7pm Kennels - 1lam to 7pm Saturdays - lOam to 4pm Outcome: · Few visitors · Saturday openings; fiscal constraints · Only one staff member for all kennel duties (e.g., feed, health checks, adoptions, redemptions) · Quality of animal care suffered Saturday Stats: Animal Care Services 2003 Visitors 30 , 20 15 Tue Wed ThUr Days of Week Open Fd S~t Current Facility Hours · Main office 8am to 6pm · Kennels 1lam to 6pm · Closed weekends Operational Action: Move calls from Animal Care to City Hall Outcome: · Animal Care calls received by City Call Center · Calls dispatch via Utilities Business Office Operational Action: Volunteer program Outcome: · Active program · 3ob descriptions include: dog walker, groomer, photographer, data entry, tour guide... · Training provided by Kennel Master in: Animal Handling and Safety Animal Identification Vaccination and Preventative Health People and Kennels Fleas, Ticks and other Parasites Operational Action: 100% adoption of adoptable animals Animal Care Staff adoption counselors Outcome: · All staff serve as adoption counselors · ACS strives to adopt 100% of adoptable population Adoption Success By Staff Kennel Master .laime Luna and Annemarie Lucas, Animal Planets - Animal Precinct * Pepper adopted by Annemarie Ordinance Action: Commercial breeding permits Outcome: · Past ordinance did not define commercial breeder · ACS unable to enforce without a definition · Advisory Committee voted to remove breeder from commercial permits · ACS enforces the city ordinance on allowable number of pets Ordinance Action: Decrease number of animals permitted from six to three Outcome: No committee action taken Compliance through enforcement of established ordinances - "back to the basics" 29 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 16.2004 AGENDA ITEM: An ordinam'¢ revising Articles [,1],IH and IV of Chapter 6, Animal Conl. rol~ Code of Orcbnances; rcdg~i~OTmtin§ cx~ing Articles VI as Article VII; n:~lesignatmg existing Article V as Article VI; providing for penalties; prowding for severance; and providing for publication. ISSUE: Revisioas of Chapter 6, Code of Ordinances. Many of the ex~stmg Ammal Control Ordinances have bcceme o~t REQUIRED COUNCIL ACTION: Council ac4aon is rCqmred to revise ordinances. PREVIOUS COUNCIL ACTION: Many Animal Control Ordinances exist m their origma| form fi.om 1958 and o(hers have been subsequently CONCLUSION AND RECOMMENDATION: Recommead council approval of o~dmance revision to Chapter 6, Animal Conlxol, Code of Ordinances. Attachments: Annetre Rodriguez~ MPH Assistant Director of Public Health C:~OEUMI~I~U~q~CALS~I\T~mp~COUNC i~m~ion 04 cm~cr~D~C BACKGROUND INFORMATION Many Animal Control Ordinances have become out of date. Some ordinances still exist in their original form from 1958 and other have been subsequently amended with new ones added. The Animal Control Advisory Committee began in early 2002 to revise and add clarification to the ordinances being presented to Council. AN ORDINANCE REVISING CHAPTER 6, CODE OF ORDINANCES, BY RENAMING THE CHAPTER; REDESIGNATING EXISTING ARTICLES II1, IV, V, AND VI AS ARTICLES V, VI, VII, AND VIII, RESPECTIVELY; CREATING NEW ARTICLES III AND IV; RENAMING ARTICLES I AND II, REDESlGNATING CERTAIN SECTIONS; REVISING THE LANGUAGE OF THE CHAPTER; 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 6, of the Code of Ordinances, is revised by renaming the chapter; redesignating existin9 Articles III, IV, V, and VI as new Articles V, VI, VII, and VIII, respectively; creating new Articles III and IV; renaming Articles I and II; redesignating certain sections; and revising the language in the chapter to read as follows: "Chapter 6 ANIMAL CARE AND CONTROL "ARTICLE I. IN GENERAL GENERAL PROVISIONS "Sec. 6-1. Penalties. Definitions. [Note: Penalties moved t_~o Sec. 6-2 and Definitions moved from previous Sec. 6-2.] "It shall bo unlawful for any person to violate any provisions of this chapter. Such violation shall bca mir.,dcmoanor and shall bc punishable by a fine of not less than h'~ont7 five dollam ($2500) p~us court costs nor more than five hundred dollars ($500.00) plus court costs. "If any violation is continuing, each day's violation shall bo doomed a separate offense. It' any person is found guilty of violating section 6 30 of thic chapter, all lioensoc and/or pcrmits held by such pcmon under this chapter shall bo automatically revoked. "(a) As used in this chapter, the following words ch=!! have the meanings ascribed to them in this section: "Aeimah. Animal means any Any living vertebrate creature, domestic or wild, other than Homo sapiens. "Animal control officer: Care Officer means the The animal control supervisor Animal Care Services division manager, or his/her authorized agents or employees of tho animal control secticn employees of the Animal Care Services division, or authorized aqents of Animal Care Services. "Animal Care Services means a division of the Department of Public Health responsible for en[orcinq State and local laws, ordinances, rules, and requlatJons reqardinq the care and keepin~ of animals, includinq the provisions of this chapter. "At large orrunning at !~,"gc: la~e means any ,amy animal within the ~.k! City not kept under restraint, "A~,: Attack means to :r.-e set upon with violent force. "AucScn: Auction means any A,-,y place or facility within the City where animals are regularly bought, sold, offered for sale, or traded, except for those facilities otherwise defined in this chapter. "Cat: Cat means a A domesticated member of the Felidae (feline) family, other than a tiger, bobcat, jaguar, panther, Ioopard, cougar, bobcat, couqar, iaquar, leopard, lion, panther. ti.qer, or other prohibited animal. "Claus: Circus means a A commercial vadety show featuring animal acts for public entertainment. "City hoalth officer. Health Officer means the Thc director of the department of public health Department of Public Health for the ~,.. Crh, or the director's desiqnee. "City animal~, shelter means a A place operated by or for the ..a., City, whether in CCcy facilildes or by conb'act, for the detention of dogs, cats, and other animals as prescribed by law. "Collar or hamess means a band of leather, nylon, rope, or similar material, excludinq chain if utilized for traininq purposes, that is commonly used on an animal to aid in control of movement of the animal, b¥ the animal's owner, and to which a leash or lead can be attached. "Commercial animal octgblishmont: establishment means any Any pet shop, auction, riding school, ctable, kennol, zoological park, circus, hatchery, veterinary hospital, performing animal exhibition, auction, circus, hatchery, kennel, performinq animal exhibit, performinq animal exhibition, pet shop, rodeo, stable, or zooloqical park or any lot, building, structure, enclosure, or premises within the -';*-' ' ~,.] City used for the business of buying, selling, grooming, breeding, or boarding of animals, "Commercial p~. property means: "(1) !s: Any portion of land and/or.buildings or buildinqs, excludinq publicly owned propertv, that is zoned for, or utilized for commercial or business uses within the "~+" City, including temporary sites. "(2)" ..... ..... , Any vehicle utilized for commercial or business purposes iR within the _,., C~ty. Dangerous .......... animal means: "(1) Any animal that, without provocation, bites or scratchec or attackc scratches, bites, or attacks any other animal or and injures any human being within the city limits without H:~-EGq31Rle#zabeth'~3ept Ff~s~EH Ordinances'~EHo,rcll55 Revised.doc Page 2 of 45 provocation City and thai occurs in a place other than an enclosure in which the animal was beinq kept and which enclosure was reasonably certain to prevent the animal from I eavinq the enclosure on its own. "(2) Any animal that. without provocation, scratches, bites, or attacks and iniures or kills a domesticated animal and that occum in a place other than an enclosure in which the animal was beinq kept and which enclosure was reasonably certain to prevent the animal from leavinq the enclosure on its own. "(3) Any animal that, without provocation, commits acts in a place other than an enclosure in which the animal was beinq kept and which enclosure was reasonably certain to prevent the animal from leavinq the enclosure on its own and those acts cause a person to reasonablv believe that the animal will attack and cause bodily iniur~ to that person. .r~..,.._v~. Doq means a A domesticated member of ~e Canidae (canine) family, other than a wolf, jackal, fox, dingo, coyote, coyote, dinqo, fox, jackal, wolf, wolf hybdd, or other prohibited animal "Dog orcat license: reqistration means a A privilege granted, eR upon compliance with the terms of this chapter, to lawfully own, keep, harbor, or have custody or control of a dog or cat le~ within the ci.~! City during the calendar year. "Dog or cat liconso tag: reqistration tacl means a A metal tag for attachment to dog or cat oollarc, carrying displaying a sedal number corresponding to the number of the dog or cat line. se rec~istxation for such the animal for which it was issued, =,-.d showing the calendar year the ~ reqistration is was issued, and which must be attached to the animal's collar or harness for which it was issued. "Food: Any raw, cooked or processod edible substance, ice, bovorage or ingrediont used or intended for uso or calo in whole or in part for human consumption. "Food means: "(1~ With respect to food processinq or food service establishments, any raw, cooked, or processed edible substance, ice, beveraqe, or inqredient used or intended for use or sale, in whole or in part. for human consumption. "(2) With respect to animals, any commercially processed and packaqed substance intended for use by an animal owner to meet and maintain the nutritional needs of the animal for which it was processed and packacled. "Food processing ostablishmont: establishment means any place/~ commercial establishmont in which food is commercially manufactured or packaged for human consumption. "Food service establishmont: establishment means any .~.",y place where food is prepared and intended for individual portion service, and includes the site at which individual portions H:~_EC~OlR~lizabeth~J~pt Files~H Ordinance~s~EHordl55 Revised doc Page 3 o~ 45 are provided. Tho term includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term also includes delicatessen- type operations that prepare sandwiches intended for individual portion service. The term does not include private homes where food is prepared or served for individual family consumption, the location of vending machines, and supply vehicles. F ..... Fowl means any .~,,",y live bird. "Groominq shop means a commercial enterprise where two or more does or cats over four (4) months of aqe are qroomed, upon aqreement with the doq or cat owner, on a service-for- fee basis. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for the intended use, if required by the City's zoninq and construction ordinances. "Guard dog: Guard doq means any .%%' dog that is utilized to protect commercial properly, ac heroin defined. "Hct~hc,'y: Hatchery means a A commercial octablishment enterprise requlady engaged in supplying, selling, or offenng for sale any fowl to commercial ~_r agricultural customers. "~., ....... ,,.v_, ,_.'~' Impound means to To take into .... v..v.v_.~"~" custody, or tc place 'in the ";~"v,., City animal ~ shelter, v, ... be observed by a licensed veterinarian at a veterinary hospital. "Kennel means a commercial enterprise, excludinq a veterinary hospital, where four or more doqs or cats over four (4) months of aqe are kept, raised, sold, boarded, bred, shown, treated, or (Iroorned on a daily, weekly, or monthly basis. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for kennel use, if required by the City's zoninq and construction ordinances. "l_icencod veterinarian: IJcensed veterinarian means a A veterinarian licensed by the Texas State Board of Veterinary Medical Examiners. .......... Livestock means farm animals, such as horses, Horses, Shetland ponies, mules, donkeys, cattle, goats, sheep sheep, and swine, regardless of ago, sex or breed. "O::'.".c.-:. Ownermeans any Any person owning, keet~ keeping, or harboring one or more animals. An animal ch:l! bo is deemed to he harbored if it is fed or chcP. emd provided water. An animal ~ is deemed to be kept if it is ~ fed or provided water and ~ sheltered or restrained except upon the authorization of animal control the Animal Care Services manaqer. "Performinq animal exhibit means any spectacle, act, or event, excludinq a circus or rodeo, in which animals display stunts, tricks, skills, or natural characteristics and which spectacle, act, or event does not exceed two (2) calendar days in duration. "/;erforming animal exhibNon: Performinq animal exhibition means any .~,ny spectacle, display, act act, or event other than circuses, event, exdudinq a circus or rodeo, in which H:~EC--~R~,~zabe~Dept F~Ie~EH Ordinances'~Hord155 Revised.doc Page 4 of 45 porforrning animals display stunts, tdcks, skills, or natural characteristic~ and which spectacle, act, or event exceeds two (2) calendar days in duration. "Pet~: Pet means any A~ animal not otherwise prohibited under this chapter that is kept for pleasure rather than utility. "Pat-.she~. Pet shol~ means a A commercial enterprise regularly engaged in the ~'' "';'--' selling, grooming, breeding or boarding buvinq and sellincl of animals and animal-related products. The S,~-ch premises shall must be located within an appropriately zoned are~, area and a certificate of occupancy must have been obtained for the intended ~ use, if required by the City's zoning and construction ordinances. ..... fowl commonly kept for eggs "P~dt~¢. Poultry means any ~ species of domesticated ....... 9[ ~ meat, such as chickens, turkeys, ducks, or cleese. "Prohibitod animah Prohibited animal means any ;~,",y animal not normally born and raised in c~ptivity, including but not limited to tho following:, other than a common household pet, such as a canary, finch, cockatiel, hamster, quinea piq, clerbil, rabbit, ferret, fish, or small nonpoisonous reptiles, that poses a potential physical or disease threat to the public or that is protected bv international, federal, or State laws or reclulations, and includes, but is not limited to, the followincl: "(1) Within the Class Reptilia: Family Helodermatidea (venomous lizards); and =!! Family Varanidae ~"-'"";*'--~' (monitors); er4~ Order Ophidia, ~....a.. - ~ .......... ,, . ...... · Family Boidoe (boas, pythons, and anacondas_); ~....a,J . ....... ~ Famdy Hydrophiidae (marine snakes); fami!:,, Family Vipeddae (rattlesnakes, copperheads, cottonmouths, pit vipers, and true vipers); ~.....a,,,_,....· Family Elapidae (coral snakes, cobras, and mambas);,_..,,,.~'---a" Family Colubddae. Dispholidus Typus (boomslang), Cyclagras gigas (water cobra), Boiga dendrophila (mangrove snake) and Kirtlandii (twig snake) only; order Crocodilia (crocodiles, alligators, caimans, and gavials); W'rthin the Class Aves: Order Falconiforms ( ..... Mc hawks, eagles ea.qles, and vultures) and subdivision Rapitae .... ~' "-' ( ....... ostriches, rheas, cassowaries,_and emus); "(3) VV'rthin the Class Mammalia: Order Carnivora, (the family Family ~ Felidae.) (such as couqars, tiqers, lions, bobcats, and ocelots) except domesticated cats, and the-fa~Family Canidae (such as wolves, dingos, coyotes._and jackals)r, except domesticated dogs._; the family Family Mustelidae (such as weasels, skunks, martins, mink, badgers)._,, ...... ~ Family Procyonidae (such as raccoons), and,' ~""'""...,,.,.. Family Ursidae (such as Bea~o bears); a.~t-erde¢ Order Marsupialia (such as kangaroos~ and opossums); erder Order Chiroptera (bats); erde~ Order Edentata (such as sloths, anteaters~_and armadillos); crdcr Order Proboscidea (elephants); errde~ Order Pdmata (such as monkeys, chimpanzees._and gorillas); erde~ Order Rodentia (such as porcupines); and crder Order Ungulata (such as antelope, deer, bison._and camels); and H:~J..EG~3tR'~zabe~f:~ F~es~EH Ordinance:s~Ho~dl55 Rev~,ed.d~c Page 5 0[45 "(4) W~hin the Class Amphibia: Poisonous., v~..froqs, toads, and salamanders. [Note: Paragraph below moved to beginning of the definition for "Prohibited Animal" above.] "Prohibitod animal doos not includo livestock, fowl, poultry or normal household pots, such as a psittacine bird, canary, finch, cockatiel, hamstor, guinea pig, gorbil, rabbit, ferret, fish or small nonpoir.,onous roptiles. "Provocation: Provocation means any .a. ny purposeful act that causes an animal to ~ ...........*"~'..., ,, scratch, bite, or attack in protection of self, ownor itself, the owner, or the owner's premises. Entrance, in any manner, into an area where an animal is propedy under restraint in compliance with cJty ordinances this chapter weuld49e is considered provocation, irrespective of the reason for .".uch the entrance. "Public nuisanco: Public nuisance means any A~ animal ~ that "(1) Is a dangerous dog within the meaning of Chapter 822, Health and Safety Code, as it may be amended. "(2) Trespasses on school grounds. "(3) Is repeatedly at large. "(4) Damages pdvate or public property. "(5) Barks, whines, howls or makes other annoying noises in an excessive, continuous or unreasonable fashion, or at unreasonable hours. "(6) Attacks and iniures or kills a domestic animal. "Pucsu~. Pursuit means the :l:he continuous act of chasing or attempting to overtake a fleeing animal. "Ratl~¢~ Rat-proof means a ,a, state of being so constructod as constructed so as to effectively prevent the entrance of rats. "~ Restraint means anv A~ animal that is securely caged;_~-secured by a leash or lead attached to a collar or harness and under the effective control of a responsible person and obedient to that person's commands;, cr within the confines of its owner's home or yard which is fully enclosed by a """'~=vw, secure and substantial fence; or , or when tho animal is propedy tethered. Homes must be kept in stalls, or in pastures or paddocks with acceptable secure and substantial fencing. In addition, a dog shall4~e i_s deemed under restraint in the I~ollowing circumstances: "(1) When the dog is entered in a bona fide dog show, field trial, or exhibition held imthe ~'t'.! within the City. while the dog is actually engaged in su.'ch., the show, tdal, or exhibition. H:~EC--DlrleEzabelh~)epl Files~EH Ordinances~EHordl55 ReViSed.doc Page 6 of 45 "(2) When the dog is accompanied by and in the presence of its owner, master, or trainer, while the dog is actually engaged in dog obedience training; provided, the person training such the dog has in such the person's possession a leash of at least five (5) feet and not more than ten (10) feet in length and of sufficient strength to control the dog. "(3)When the dog is used by a blind or deaf person person with disabilities who utilizes the doq as a service animal to aid the person in going from place to place within the ~'~.! City. "(4) When the dog is utilized by a licensed peace officer for law enforcement purposes. "Riding school orstablo: Stable means any,. ,, place ........ that provides: "(1) Any horse, pony, donkey, or mule for hire.; c,",d/cr "(2) Boarding c,-.~or 9[ grazing for any horse, pony, donkey or mule.; and!ct "(3) Riding instruction on an,/horse, pony, donkey, or mule. "~"~*.._.,.._.·. Sanitary means an,/ARy condition of good order and cleanliness, free from the elements of filth or ...... ~a, bacteria that endanger health. "-Tether. Tether means to :r~ restrain an animal by rope, chain, or the like, such a similar material attached to a collar or hamess so that an animal is fastened to a fixed object or other device so as to limit its range of movement. "Vaccination certificate: Vaccinab'on certificate means the T-he certificate issued by a licensed veterinarian e.". = fc,,-m, in a form that meets the minimum standards approved by the Texas Board of Health for presentation to the animal control section Animal Care Services division as a condition precedent to the granting of a dog or cat ImeRse reel. istration, and showing on its face that, at the time of such presentation, the dog or cat covered thereby by the certificate has been vaccinated for rabies. "Veterinary hospital: Veterinary hosl~ital means an,/Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and the treatment of diseases and injudes to animals. "Zoological park: Zooloqical Dark means any Any lot, building, structure, enclosure, or premises, other than a pet shop or kennel, displaying or exhibiting one or more species non-domesticated animals and that is accredited by a receqnized national or state zcoloqical entity. The Such premises cbc!! must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for such the intended use, if required by the City's zoninq and construction ordinances. "(b) The words "animal," "dog" and "cat" shall "cat," "doq," "fowl," "livestock," and "poultry" include beth the male and female gender, H:'~EG.-DiR~eliza~eth'~Dep{ Fi~es~EH Ordinanc:~s~EHordl55 Revised doc Page 7 of 45 "(c) The sinqular form of words includes the plural form and vice versa. "Sec. 6-2. Doflni'dona. Penalties. [Note: Definitions moved to Sec. 6-1 and Penalties moved from Sec. 6-1; modified w/new language and increased fines.] "(a) No person may violate any provisions of this chapter. A violation of any of the provisions of this chapter constitutes a violation of a public health law_ A violation is punishable by a fine of not less than till.? dollars $50.00 plus court costs nor more than two thousand dollars ($2.000) plus court costs. Violations of this chapter are treated as strict liability offenses. There is no need to prove that the person had an intent to violate the provision with which the person is charged under this chapter. [Note: Strict liability offense language from previous Sec. 6-5.] "(c) Each day a violation continues constitutes a-separate offense. "(d) If any person is [ound guilty of violating section 6 30 of thic chapter, all registrations and permits hold by tho person under this chapter are automatically revoked. [Note: Language deleted because it is in conflict with the Administrative Proceedings provisions contained in the chapter,[ "Sec. 6-3. Animal control section Care Services division and supervisor manager. "(a) The animal control section Animal Care Services division ~ ~s a unit of the depa~b.ent of public health Department of Public Health and shalFbe is in the charge of a person having suitable qualifications and designated by the v.., City as the animal control supervisor Animal Care Services manacler. "(b) In addition to the duties specifically prescribed in this chapter, it shall-be is the responsibility of the animal control supervisor Animal Care Services manacler to execute ,~u~.. other duties under the jurisdiction of the department of public health Department of Public Health as the direc, te~ City Health Officer may delegate. "(c) The animal control supervisor Animal Care Services manaqer shall supervise the operation of the c!~! City animal shelter. "(d) All monies collected by the animal control section Animal Care Services division under the terms of this chapter sba!! must be paid to the ~ Collections section of the City each day as collected in accordance with the I~nance depadmont'c policy, policies of the Cff¥'s Finance Department. "Sec. 6-4. Interference with animal control officer Animal Care Officer. "It shall bo unlawful for any No person te may interfere with an animal control officer Animal Care Officer while an officer is engaged in the performance of his/he~ the officer's duties. H:~£C.,-DiR~elizabeth~aep{ FiJes~EH Ordinances~EHord 155 Revised doc Page 8 of 45 "Sec. 6-5. Pursuit of animals. [Note: Moved from Sec. 6-11; modified w/new language.] "For purposes of discharging the duties imposed by the provisions of this chapter, or other applicable laws, and to enforce the same, duly authodzod ropresentatives or employoos an Animal Care Officer or police officer may enter upon private property to the fullest extent permitted by law, except dwellings located on the property, when in pursuit of any animal which he/she the officer has reason to believe is subject to impoundment under the provisions of this chapter or other applicable laws. "Sec. 6-6. Re;lulafions. [Note: Moved from Sec. 6-16; modified w/new language.] "Regulations providing for the interpretation and enl:orcernent of this chapter may be adopted by the city health officer City Health Officer. The requlations are effective after review at a public meetinq held by the Animal Control Advisow Committee. A copy of the reclulations will be kept on file in the City Secretary's Office. "Sec. S 5 6-7. Compliance with chapter required for keeping animals. "It is unlawful and it shall be a misdemeanor for any person to No person may do any act forbidden or fail to do any act required in this chapter. Unless specifically roquirod herein, no montal eloment need bo present to constitute an offonse under this chapter. [Note: Strict liability offense language stated in Sec. 6-2.] "Sec. 6-6 6-8. Compliance with sanitation standards required for keeping animals. "The owner of any animal within the ~,.~ City and the holder of any commercial permit issued under this chapter as authorized in this chaptor shall must comply with the standards of sanitation established therefer-by the city health officor City Health Officer under this chapter. "Sec. c_ 7 6-9. Compliance with chapter not relief from compliance with ct,he.' rogulafion, federal. State, and City laws, rules, and requlafions. "The keeping of any animal in accordance with the provisions of this chapter ,~hc!! may not be construed to authorize the keeping of the same the animal in violation of any federal, State, or City laws, rules, and regulations, includinq the zoning crdi,",c,qco ordinances or any other ordinance of the v,., City. "Sec. ~ ~ 6-10. Inspection of animals and premises. "Animals and premises wheree~ where animals are kept or maintained sba!! b= are subject to inspection by the city health officer, City Health Officer, or his/her autherizod representative or employeoc, the City Health Officer's desiclnee, the Animal Care Services mana~ler, er an animal control officer, Animal Care Officer, or any police officer at any reasonable hour, or at any hour in cases of emergency. H:~EG-DIR~lizabeth~3~pt F~s~EH Ordinances~EHordl55 Revised.doc Page 9 of 45 "Sec. ~-9 6-11. Abatement of conditions not complying win chapter. "VVhenever any premises where animals are kept are in an unsanitary condition, er the facilities are not in keeping with the provisions of this chapter or any ethe~ regulations herein established by the City Health Officer, or if any health ordinance or law pertaininq to the care or keepin(i of an animal is not observed, the city health officer City Health Officer or h;~cr reprooontalive the Cih/Health Officer's desi(Inee, by written notice to the person responsible for the condition of the premises or the keeping of the animals or to the person owning or in control of cuch the premises, may order the abatement of the conditions which are not in accordance with this chapter er other regulations, reclulations or laws, or conditions which constitute a nuisance. Failure to comply with =uch the written notice order shall, in addition to any criminal or administrative proceedings, bo constitutes grounds for and entitle the ..,.. City to obtain relief by injunction. Additionally, failure to comply with the wdtten notice may subject the violator to administrative proceedings and criminal chames. [Note: Previous Secs. 6-10 (Licensing, now Registration), 6-11 (Pursuit of animals), and 6-12 (Administrative Proceedings) are in new revised articles and sections.] "Sec. c~ !3.6-12. S=..~.c Application Omissions omissions or falsifications. "If an applicant has withheld or falsified any information on an application submitted under this chapter, the animal control supervisor Animal Care Services manaqer may refuse to issue a permit or license re.qistration or permit, or may revoke any permit or license reqistration or permit issued in connection with such the application. "Sec. ~ 6-13. Same-Effect of Prier prior convictions. "No person who has been convicted within the preceding sixty (60) months of cruelty to animals under this chapter or any other animal cruelty law of this state or any other jurisdiction in the United States =ha!! may be issued a permit or licence reqistration or permit. "Sec. 6--16.. 6-14. Same--Reapplication upon denial of re~listration or perrniL "(a) Any person having been denied a lisense reclistration or permit for any reasons other than coction 6 1,1 abeve Section 6-13 of this chapter may not reapply for a pedod of thirty (30) days after such denial. "(b) Each reapplication =h~!! must be accompanied by a nonrefundable ten~ollar ($10.00) fee. "Soc. 6 t6. Regulations. [Note: Moved to Sec. 6-6.] "Regulations providing for interpretation and enforcement of this chapter may bo adopted by the city hcolth officer. Such regulations shall bo effective after review at a public meeting by the animal control advisory board. "Soc. 6 17. Reserved. H:~ E G-Dt R~az abel. h~D~f~ F~Ies~EH Ordinanoss~EHon:l 155 Revised.doc Page 10 of 45 "Soc. 6 18. Commorcial pormlte and foeo, [Note: Entire section moved to new A~cle III and reformatted.] '(a) Excopt for vetorinarians or votorinary hospitalc; all commoroial animal establishments, and ownom/possossorc of dogs defined as "guard dogs" shall bo required to maintain a current and valid commercial pon'nit. "(b) The commercial permit shall bo renewable annually upon inspection and payment of a "(c) Fees for such permits shall bo in acoordanco with tho following sahodulo: "Pot stores ................................................................................................. $ 50.00 "Department stores (ftoh, rodcnts, birds) ..... _. ................................................. 25.00 "Kennei~ "Authorized loss than ten (10) animals ................................................ 25.00 "Authorized between ton (10) and ~ily (50) animals ............................... 50.00 "Authorized fifty one (51) or moro animals ............................................ 100.00 "Authorized loss than tcn (10) horses ..................................................... 25.00 "Authorized between ton (10) and twenty five (25) horses ...................... 50.00 "Authorized twenty six (26) or more horcoc .......................................... 100.00 "Grooming shops ......................................................................................... 50.00 "Temporary performing animal .................................................................... 25.00 "Circuses ......................................................................................................... 50.00 "Rodeos ....................................................................................................... 200.00 "Petting zoos (temporary) ............................................................................. 50_00 "Guard dogs: "Single dog/single site ............................................................................ 25.00 "Multiple dogs/single site ........................................................................ 50.00 "Multiple cites with one (1) dog ............................................................... 100.00 "Training oonter ............................................................................................. 200.00 "Animal exhibit ............................................................................................. 200.00 "Breading (for sale) ....................................................................................... 200.00 "Rabbits (breading and talc) ....................................................................... 50.00 H:~LEGq~R~elizabel~l~Dept Files~EH Ordinanc:es~EHord 155 Revised.doc Page I1 ~ 45 "Auotions ..................................................................................................... 100.00 "Tomporary permit (thirty day for sale of animals) ......................................... 15.00 "(b) Permits shall bo isc_,ued and renowed upon application. Each pormit for a kennol or stablo shall spccify the maximum numbor of animals that may be kept at the business establishment. "(c) Upon initial application for a permit, the animal control officer shall and review and certify that the commorcial animal establishment is in compliance with all construction, zoning, or othor ordinances of the City goveming tho condu~t of tho business of tho commercial animal establishment after consulting with the building official and zoning and coda onforcemont administrator. An appropriato certificato of o~cupancy icsuod by the building official may be concidorod as ovidence that the commercial animal establishment oomplice with tho City's construction and zoning ordinances. "(d) No permit chaff bo transferrod or assigned. "(e) Any establishment providing sorvicec classifiod in hvo (2) or mom catogodoc of leos in tho fao cchodule will bo required to obtain only one (1) pormit, and the fao charged for such permit chaff bo the highest of the fees for any of the applicable cotogodes. "(t~ Animal exhibits and aocredited zoological parks may rcquect permission to possess prohibitod animals within the City limits of the City of Corpus Chdsti for tho duration of the commercial pormit. Possession of a pmhibitod animal pursuant to this soction shall be exempt from the terms of coction 6 32 and subject to regulations preccdbod by the City Hoalth Officer for indemnification of the City, proof of insurance and such other conditions doomed necessary to preserve the safety and wolfare of the public. "(g) Except as provided for a circus, porforming animal exhibition, or auction, tho commerc,~al pormit shall be ronewable annually upon incpoction. "(h) Commercial permits granted to a circus, rodeo, auction, or performing exhibition shall bo valid for the duration of the event not to exceod thirty (30) days from the date of issuance. Any cirous, rodeo, auction, porforming animal exhibition may request limited pormission to p<)s~esc a prohibitod animal within the city limits of the City of Corpus Chdsti for the duration of tho commercial pon'nit. Possession of a prohibited animal pursuant to thic co(;tion shall be exempt from the terms of section 6 32 and subject to rogulations prescdbod by the city hoalth officer for indemnification of the city, proof of insurance, and such other conditions deemod necessary to preserve the safety and welfare of the public. "(i) A waiver of the pormit roquiromontc of this soction may bo granted by the City Health Officer in c, acec involving a r.,r_,iontific or educational program, a chow or exhibition by a nonprofit organization or animals owned by tho city upon a finding that such a waiver would not endangor tho public or animal hooith, or create a nuicanse. "(j) In addition to all other conditions of this section, owners/operators of stables or kennels, oxcopt kennolc oporatod by votodnadans, where animals are boarded or grazed for a foo H:~J.EC_~[NR~elizabeth~ Fl~es~EH Ordinance~'~EFIcm:ll55 Revised doc page 12 of 45 must maintain a register identifying all animals boarded or grazed, the name, address, and telephone number of tho owners of each animal including an alternative emergency telephone number, and a statement by tho owner of each animal boarded or grazed either assuming total responsibility for tho care and feeding of tho animal or transferring all responsibility for the care and feeding of the animal to the stable or kennel owner/operator. "(k) Tho r.,tablo or kennel owner/operator must also provide an emergency telephone numbcr where the stable or kennel owner/operator or caretaker can bo reachcd fi.they are not on the premises. "(I) Each commercial animal establishment, even though owned by the same person, must possess a permit. "(m)Upon tho change in tho location or ownership_, a new application for a commercial permit shall bo required. "(n) Each commomial animal establishment shall bo subject to inspection by an animal control officer during normal business hours. "(o) A commcrcial pon'nit shall be displayed in a prominent place on tho premises. In addition to all other conditions of this section, owners/possessors of dogs dcfinod as "guard dogs" shall moot all regulations promulgated by the city health officer. "(p) No commercial animal establishment shall sell any dog or cat, three (3) months of age or older, to any person unless such animal has a valid rabies vaccination. "Soc. 6 19. Roeorvod. "Secs. 6-15 to 6-25. Reserved. "ARTICLE II. LICENSES REGISTRATIONS AND PERMITS; ADMINISTRATIVE PRO4:EEDINGS [Nots: Permits moved to new Article III; Administrative Proceedings moved to new Article IV; Registration section has new formaL] "Scc. 6 10. Licensing Sec. 6-26. Al~plicaflon requirements. "(a) Required. It shall bo ic unlawful for any person to No person may own, keep, harbor, or have custody or control of any dog or cat over three-(3) four (4) months of age within the ,.u., - ...,, cash .... dog or cat · .,., City without first obtaining a valid license havinq reqistered as-hereimprovided under this article, except as permitted by subsection (c) of this section. H:~EG~lR~elizabelh~D~ol F]Iea~E.H Ordlnances~EHordl55 Revised doc Page 13 of 45 "(1) It is presumed, in a prosecution for a violation of this subsection, that the do<:l or cat owned, kept, or harbored by, or under the custody or control of the person so char(led was over four (4) mOnths of aqe on the date of the violation. "(2) It is presumed, in a prosecution for a violation of this subsection, that the person charqed with owninq, keepinq, harbodn(], or havin(I custodv or control of a do<3 or cat required to be reqistered under this subsection did not reqister the subiect animal in accordance with this chapter unless, upon the re(]uest of an Animal Care Services Officer or licensed peace officer at the time of the violation, valid proof of reqis[rafion was produced by the person so chained "(b) Application; prerequisites. Wdtten application for tieecmes reqistrations and payment of the applicable lir~ense reclistration fees cha!! must be made to the City's ~ collections section, animal control, Animal Care Services division, or participating veterinarians. The application cha!! must include the name :,-,d, address, phone number, state-issued driver's license or identification number, and date of birth of the applicant, a description of the animal, and a currently valid rabies certificate issued by a licensed vetednadan. [Note: Fees amounts and paragraphs following moved to new subsection (d) of this section.] "(c) Fee. The annual license foe shall bo as follows: "(1) Each spayed or neutered dog or cat... $3.00 "(2) Each dog or cat not spayed or neutered... 10.00 "No fee shall bo charged for a license issued for any dog actually used by a blind or deaf person to aid such person in going from place to place. No fee shall bo charged for a license issued for any dog that is owned and ur, cd by any law enforcement agency for drug awareness/detection, bomb detection, or any other vedfied law enfomement purpose. "Participating veterinarians will be rebated one dollar ($1.00) for each license they issue if tho duplicate ropy of the license/vaccination certificate is submitted to the animal control division within thirty (30) days of issuance. "(c) When to apply. Application for a licen~ An owner must make application for reqistration must bo made within ;~.. th,,,,., ~_v, ten (10) days after obtaining a dog or cat over t~-ee-(3) four (4) months of age, except that this requirement will not apply to a nonresident individual keeping a dog or cat within the c!."! City for no longer than sixty (60) days. A now resident to the City must make application for reclistration within thirty (30) days of establir~hin.q residence in the City. For the purposes of thic r,o~on, "estoblishinq residence" means the connection of utilities at a residence in H:~_EG-OIRtetizabeth~Dep/F31es~EH On:linanc~s~EHo~ll55 Revised.doc Page 14 o~ 45 "(1) It is presumed, in a prosecution of a violation of this subsection, that the dO~l or caL, owned by the Demon charqed with the violation, was obtained more than 10 days prior to the date of the violation. "(2) It is presumed, in a prosecution of a violation of the exception contained in this subsection, that the person charqed with the violation is a resident of the City and that the Demon has kept the doq or cat w~hin the CiN for a Dedod exceedinq sixty (60) days. "Sec. 6-27. Fees. "(a) Fee. The annual lk~ec~se reqistration fee chc!l bo is as follows: "(1) Each spayed or neutered dog or cat ...................................................... $ 3.00 "(2) Each dog or cat not spayed or neutered .................................................. 10.00 "(b) No fee ch=![ may be charged for a lmec~e reqistration issued for any dog actually used by a blind or deaf person Demon with disabilities who utilizes the doq as a service animal to aid such the person in going from place to place within the Cib/. "(c) No fee ...... may be charged for a ....... reqistration issued for any dog that is owned and used by any law enforcement agency for drug awarenes ........... , drug or bomb detection, or any other ~ law enforcement purpose. "(d) Participating veterinarians will be rebated one dollar ($1.00) [or each lir, e~se reclistration they issue if thc duplicate copy duplicate copies of the license/vaccination reqistration and vaccination certificate is certificates are submitted to the animal control Animal Care Services division within "-;"*"/,~m ...... , ~vv~ ten (10) days of issuance of the reqistration. "Sec. 6-28. Term. "If not revoked under the provisions of this chapter, such lisenso a reclistration shal,Lbe i_s effective for a pedod of one year from the date of vaccination. Application for license renewal may bo made any time within a thirb/day pedod pdor to the expiration date of the license. "Sec. 6-29. Issuance and wearing of tag. "(a) Issuance. Upon acceptance of the dog or cat license reqistration application and payment of the applicable fee, the C~'s Collections section, the animal control &upervisor Animal Care Services manaqer, or dc!c.~=t~'~d the participatinq veterinarian sba!! will issue a durable lmerme reqistration tag, stamped with an identifying number a serial number and the year of issuance. Tagc shall bo designed $o that they may be conveniently fastened or riveted to tho animal'c collar or hamoss. "(b) Weadng of tag. replacement foo. Dogs and cats must ~; ..... wear .......registration tags fastened to a collar or harness at all times H:~EG-D~R~elizabel/t~3el:~ Rles~EH Ordinanc~s~EHordl55 Revised.doc Page 15 o~ 45 "(1) It is presumed, in a prosecution of a violation of this subsection, that a do<l or cat that is determined bv an Animal Care Officer or a police officer to be without a reqistration taq fastened to its cellar or harness while in a public place within the Cib/has not been vaccinated in compliance with this chapter. "(2) It is presumed, in a prosecution of a violation of this subsection, that a do.Cl or cat that is determined by an Animal Care Officer or a 13olice officer to be without a reqistration taq fastened to its cellar or hamess while in a public place within the Cib/has not boon re(3istered in compliance w~h this chapter. "(c) Replacement of tag. A duplicate lir:,ense reqistration tag may be obtained from the Animal Care Services division upon payment of a two-dollar ($2.00) replacement fop and proof or presentation of the odqinal reqistration receipt. "(d) Nontransferable. No person may use any Ik;ense reqistration taq for any animal other than the animal for which it was issued. "Sec. 6-30. Registration records. "The animal control suporvisor Animal Care Services manaqer shall r~ause to be maintained maintain a current record disc!cc!.".~ of the sedal numbers of dog and cat lic:,eP, ses reqistrafions and Imense reqistration tags issued, and the names and addresses of persons to whom the same are issued. "Sec. 6-31. Reduction or waiver of fee during animal health campaigns. "The city m3nager City Manaqer is hereby authorized to temporarily reduce 6har~es or waive fees for animal li~seRSeS re(~istTations as part of community-wide licc.-.=!.-..~ reqistration and vaccination campaigns held by the Animal Care Services division in conjunction with the Coastal Bend Veterinary Medical Association or a nonprofit animal welfare or(lanization to increase the awareness of the need for pet vaccinations and li6eP, ses re.~istrations. "Sec. 6-32. Dangerous dog registration. "(a) A dog found to be a "dangerous dog" as defined by in Chapter 822, Health and Safety Code, as it may be amended, shall must wear a dangerous dog li¢,eP, se reqistration tag issued by the animal control Animal Care Services division upon a payment of _a t-d~y dc!!",m dollar ($50.00) license reqistration fee. "(b) Such A dangerous dog licerme registration tag ch=!! must be worn at all times by the dangerous dog attached to a lime green colored, one-inch-wide collar_ "(c) In addition, the The owner of a dangerous dog shall present proof of the secure enclosure in which the dog thai! will be kept, proof of liability insurance coverage or financial responsibility in an amount of at least one hundred thousand dollars ($100,000.00) to cover damages that may result msulth~ from an attack by the danqerous do(3 causinq bodily iniurv to a person, and proof of compliance with other H:~EG~3~R~eltzab~h~)e~ Flies~q-I Ofdtnanoes~Hord 155 Revised.doc Page 16 pt' 45 conditions as may be required pursuant to by the City Health Officer and as may be required under Chapter 822, Health and Safety Cede, as it may be amended. "Soc. 6 11. Pursuit of animals. [Note: Moved to Sec. 6-5.] "For purposes of discharging the duties imposed by tho provisions of thic chapter, or other applicable laws, and to enforce tho same, duly authorized ropresentatNes or employocs may enter upon pdvato property to the fullest extent permitted by law, except dwellings located on tho property, when in pursuit of any animal v~nich ho/she has reason to believe ic subject to impoundment pursuant tho provisions of this chapter or other applicable laws. "Soc. 6 13. Liconso and pormit revocation ^dminietrativo procoodings. [Note: Moved to new Article IV.] "(a) When held. "(1) Tho city health officer or designee may hold an administrative hearing to determine whether any license or permit issued pumuant to sections 6 10, 6 17, 6 18, 6 24 and 6 32 should be revoked or to otherwise regulate tho keeping of an animal within the ray, if the license/permit holder or owner of an unlicanced animal refuses or fails to comply with any provision of thic chapter, the regulations promulgated by the city health officer, or any law governing the protection and keeping of animals. "(2) The city health officer must hold an administrative headng to determine whether any licenr, e or permit issued pumuant to sections 6 10, 6 17, 6 18, 6 2'1 and 6 32 should bo revoked or to otherwise regulate the keeping of an animal within the city, if: "a. An animal has boon impounded for an unprovoked biting offense; or "b. An animal has boon the subject of two (2) cdminal charges rcculting in conviction or two (2) impoundments or any combination of two (2) such convictions and/or impounding incidents within twenty four (24) months immediately preceding the date of the last such incident_ Impoundments which occurred as a result of provoked biting, attacking or scratching incidents shall not be considered for purpo&oc of this r. ubsor_,tion; or "c. Any animal has boon kept in a stable in violation of any section of tho animal control code; or "d. The holder of a commercial permit fails to comply with the provisions of section 6 18 or thc regulations promulgated by the city health officer_ "e. Any dog hac become the subject or probable subject of a cause of action filed under Chapter 822, Health and Safety Code. "(b) Written notice required. No such administrative hearing shall be hold without giving the license/permit holder, or owner of an unlicensed animal, pdor written notice of the date, time and place of hearing. Written notice shall bo doomed made vZnen a certified letter rot~m H:~_EG-OlR'elizabeth~3~o~ Files~H O~:linances~Homl155 Revi~,~l.doc Page 17 o~ 45 roceipt requeeted, addresr_,od to tho addross indicatod in the holdor's last pormit or liconso application or if no suda application is on file, to the owner's last known addross, is deposited in the U.S_ mail. Written notice shall also be doomed made when tho notice letter is delivorod by an employoo or representative of tho city health officer to such address. All pemons on the rogister kept by a homo stable for which an administrative hearing will be held will bo notifiod by certifiod mail that a headng is to take place. "(c) Disposition. At the conclusion of the administrative hearing, the city health offic, or or decigneo shall determino if the person holding the liconco or pormit, or tho owner of an unlicensed animal, has violated any provision of this (;hapter, the rogulations promulgatod by tho city hoalth officer, or any law goveming the pmtoction and kooping of the animal in question. If any such violation has boon found to have occurred, tho city health offioor or dosigneo, in his/her discretion, may order that any of the following actions bo taken within the time spocifiod by tho city health officer or designoo. "(1) That the ownor divoct himcelf/horseif of the animal in question by either having it humanely euthanizod or by removing it from the city; "(2) That the holder/owner comply with specified c, onditionc co as to bo permitted to continue to keep the animal within the city; "(3) That a dangerous dog, or a dog having caucod tho death of a pemon and orderod destroyed by a governmental agoncy rosponciblo for animal control, undor authority of Texas Penal Coda, Chaptor 18, Article 18.182, or under authority of Chaptor 822, Health and Safoty Code, shall bo humanely euthanized as provided by rogulation; or "(4) Any other disposition deomcd to bo con6istcnt with the protection of public health, safety and warfare. "Seca. 6-33 to 6-$0. Reserved. "ARTICLE III. COMMERCIAL PERMITS AND FEES. [Note: Redesignation of new article due to formatting.] [Note: Previous Sec. 6-18 constitutes entire new article w/new and modified language and reorganization of existing provisions.] "Sec. 6-51. General Drovisions. "(a) Except for veterinarians e~ and veterinary hospitals~ ,_all commercial animal establishments and owners/possossors owners and possessors of dogs dcfined as "guard dogs" (~uard doqs shalFbe are required to maintain a current and valid commercial permit. "(b) No commemial permit sh3!l may be transferred or assigned between persons, between commercial animal establishments, or between a person and a commercial animal establishment. H:~EG-O~R~elizabeth'~ F~les~EJ--I O~inanc~s'~Hord 155 Revised.doc Page 18 ef 45 "c.~). Each separate and distinct commercial animal establishment, even though owned by the same person, must possess a permit. "(d) Upon ~ a change in the location or ownership of a commercial animal establishment, a new application for a commercial permit shalFbe is required. "e.(9). Each commercial animal establishment shalFbe is subject to inspection by an 3,",!m3! control officer Animal Care Officer during normal business hours_ "(f) A commercial permit sba!! must be displayed in a prominent place on the premises. "Lq). In addition to all other conditions of this se~tJe~ article, owners/pocsessorc and possessors of dogs defined as "guard dogs" under this chapter sha~l must meet all applicable provisions of this chapter and regulations promu{gated by the city-health efrmer-Cib/Health Officer. No commercial animal establishment sh=!! may sell any dog or cat,-thme-(~ four (4) months of age or older; to any person unless c'--'ch the animal has a valid rabies vaccination. "Sec. 6-52. Application. All commercial animal establishments, excludin(~ veterinarians and veterinary hospitals, and owners and possessors of quard do(~s are required to obtain and submit an application for a commercial permit from the Animal Care Services division. "(b) Upon initial application for a permit, the animal conb-ol officer Animal Care Services mana.qer shatFar~ must review and certify that the commercial animal establishment has been inspected and is in compliance with all construction, zoning, or other ordinances of the c~' City governing the conduct of the business of the commercial animal establishment after consulting with the building official and zoning and code enforcemont administrator Buildinq Official and Zoninq and Code Enforcement Administrator. An appropriate certificate of occupancy issued by the building official may be considered as ~.,,. City's evidence that the commercial animal establishment complies with the "~'~o ' construction and zoning ordinances. "Sec. 6-53. Term. "(a~ Thc Except as otherwise set out in this section, a comme[cial permit shall-be is renewable annually upon in~ooction and payment of a foc. Commercial permits granted to a circus, rodeo, auction, or porforming animal exhibition an auction, cimus, performinq animal exhibition, and rodeo -shall-be are valid for the duration of the event not to exceed thirty (30) days from the date of issuance. Commercial permits qranted to a performirm animal exhibit are valid for a pedod not exceedinq two (2~ calendar days. H:~EC.-q3lR~e~zab~t~ep~ F~Ie~-H O~dtnanc~s~EHon:ll55 Revised,doc Page 19 of 45 "(a) Fees for :'~ch commercial permits shall bo in acc, ordanc, o with tho following schedule are as follows: "Animal exhibits ........................................................................................ $ 200_00 (Note: See Performing Animal Exhibition permit,) "Auctions .................................................................................................. 100_00 "Broeding (for salo) ....................................................................................... 200.00 "Circuses ........................................................................................... 50.00 200.00 "Department Stores (fish, rodents, birds) ..................................................... 25.00 "Grooming Shops ......................................................................................... 50.00 "Guard Dogs: "Single dog/single site ............................................................................. 25.00 "Multiple dogs/single site ....................................................................... 50.00 "Multiple sites with one (1) dog .............................................................. 100.00 "Kennels: "Authorized less than ten (10) animals ................................................... 25.00 "Authorized between ten (10) and f-r[ty (50) animals ............................... 50.00 "Authorized I~l'ty-one (51) or more animals .............................................. 100.00 "Temporary porforming animal Performin(i Animal Exhibit ........................... 25.00 ~Performinq Animal Exhibition ..................................................................... 200.00 (Note: Previously, Animal Exhibit permit.) "Pet Stores .................................................................................................... 50.00 "Petting Zoos (temporary; less than ten (10) days) ....................................... 50.00 ~Rabbits (breoding and sale) ........................................................................ 50,00 "Rodeos ....................................................................................................... 200.00 "Stables: 'Authorized less than ten (10) horses ..................................................... 25.00 'Authorized between ten (10) and twenty-five (25) horses ...................... 50.00 "Authorized twenty-six (26) or more horses ............................................ 100.00 "Tcmporary permit (thirty day for sale of animals) ......................................... 15.00 H:~EC-q~lR~elizabel. h~3e.l~ Flles~.-I Ordinances~EHord155 Revised doc Page 20 o~ 45 "Training center ............................................................................................. 200.00 "(b~ Any commercial animal establishment providing services classified in two (2) or more categories of foo~ in tho foo cchodulo listed in subsection (a) of this section will-be is required to obtain only one (1) permit, and the fee charged for such the permit ch."J! bc is the highest of the fees for any of the applicable categories. "Sec. 6-55. Renewal of permiL [Note: Provisions incorporate previous Secs. 6-18(g) and (q); fee language Is new.] "Except ac provided for a circus, performing animal exhibition, or auction, for an auction, circus, performinq animal exhibit, performinQ animal exhibition, or rodeo, the a commercial permit shal! bc is renewable annually upon inspoction, upon: "(1) Inspection of the commercial animal establishment by the Animal Care Services manager or the Animal Care Services manager's designee; "(2) Review and certification by the Animal Care Services manager or the Animal Care Services manager's designee that the commercial animal establishment is in compliance with all applicable State and local laws, ordinances, rules, and regulations governing the conduct of the business of the commercial animal establishment; and "(3) Payment of the required lees. "Sec. 6-56 Pertaining to kennels and stables. "('a) Each permit for a kennel or stable she!! must specify the maximum number of animals that may be kept at the ~ kennel or stable. "b~.). In addition to all other conditions of this coction, owners/oporatorc Owners and operators of stables or kennels, except kennels owned and operated by veterinarians, where animals are boarded or grazed for a fee must maintain a register identifying all animals boarded or grazed, the name, address, and telephone number of the owners of each animal including an alternative emergency telephone number, and a statement by the owner of each animal boarded or grazed either assuming total responsibility for the care and feeding of the animal or transferring all responsibility for the care and feeding o[ the animal to the stable or kennel owner/eperater.or operator "(c) The stable or kennel owner/et~ must also provide an emergency telephone number where the stable or kennel owner/oporator or caretaker owner, operator, and any caretaker of the stable or kennel can be reached if they are not the owner, operator, or caretaker do not reside on the premises. "Sec. 6-57. Permission to possess prohibited animals. "(a) Animal exhibitc and aocrodited zoological park, c, Auctions. circuses, per[orminq animal exhibits, perfo~minq animal exhibitions, and rodeos may request limited permission to H: ~t. EG-D~ R ~zabe~ ~3ep{ Files~EH On~inanoes~EHord 155 Rev~e~.dec Page 21 o[ 45 possess prohibited animals within the ";*"v.., .......w'~'~;*- of tho City of Corpus Chdsfi City for the duration of the a_ commercial permit. "(b) Possession of a prohibited animal pursuant to under this secbon ...... bo is exempt from the terms of section 6 32 Section 6-153 and is subject to regulations and rules prescribed by the city health officer City Health Officer ,r~, including, but not limited to. indemnification of the ";*" ' v.., C~ty, proof of insurance, and .... "any other conditions deemed necessary to preserve the health, safety, and welfare of the public. "Sec. 6-58. Waiver of requirements. "A waiver of a 13ortion or all of the permit requirements of this se~tie~ article may be granted by the city health officer City Health Officer or the City Health Officer's desklnee in cases involving a scientific or educational program, a show or exhibition by a nonprofit organization, or for animals owned by the v.,~ City upon a findlr~j that ..... a waiver would net endanger the public's health, safety, or welfare ct: an animal'_s health, or create a nuisance_ "Sees. 6-59 to 6-75. Reserved. "ARTICLE IV. ADMINISTRATIVE PROCEEDINGS. "Sec. ~ 26 6-76. Registration and permit revocation-Administrative proceedings. "(a) When held. "(1) The city health officer City Health Officer or the City Health Officer's designee may hold an administrative hearing to determine whether any Imerme reqistratiOn or permit issued pursuant to sections 6 10, 6 17, 6 18, 6 2'1, and 6 32 under Article II or Article III of this chapter should be revoked or to otherwise regulate the keeping of an animal within the ~.*'; City, i~ if: the license/permit reqistration or permit holder or owner of an unlicensed unra(3istorod animal refu~,ec or fails to comply with any provision of this (~apter, the regulations promulgated by the city health officer City Health Offs, er, or any law governing the protection and keeping of animals in this State~. [Note: Deleted language split into subsections below; new language inserted.] "(A) . . A registration or permit holder fails or refuses to comply with any provision of this chapter, the regulations promulgated by the City Health Officer, or any law governing the protection and keeping of animals in this State. "(B) The owner of an unregistered animal, the owner of an unvaccinated animal, or the owner of a commercial animal establishment not propertv permitted under this chapter falls or refuses to comply with any provision of this chapter, the regulations promulgated by the City Health Officer, or any law goveming the protection and keeping of animals in this State. H:~EC-q31R~elizat)elh~Dept Files~EH Ordinanc~s~EHordl55 Revised.doc Page 22 o[ 45 "(2) The city hoalth officer City Health Officer must hold an administrative headng to determine whether any !icc,",cc reqistration or permit issued pumuant to &oct/one 6 10, 6 17, 6 18, 6 2't, and 6 32 under Article II or Article III of this chapter should be revoked or to otherwise regulate the keeping of an animal within the ..,., City, if: "a~A) An animal has been impounded for an unprovoked biting offense and the incident involved bodily injury to a person; or "(B) An animal has been determined by an Animal Care Officer to be a public nuisance. "l c) . . An animal has bccn the subject of two (2) criminal charges brou(~ht aqainst the animal's owner under this chapter and resulting in conviction of the animal's owner, er-two (2) impoundments, or any combination of two (2) such convictions and/or a combination o.f one such conviction and impounding one impoundment inc!dcntc within the twenty-four (24) mon,,*h,s month period immediately preceding the date of the last such incidont conviction or impoundment. Impoundments which occurred as a result of provoked attacking or scratching scratchinq, bit/hq, or attack/hq incidents shall may not be considered for purposes of this subsection.; or Any animal has beon kept in a stable in violation of any soction of tho animal control cedo; or [Note: Addressed in (a)('l)(A) and (B) above; permit can be revoked and establishment can be closed.] "d. Tho holder of a commercial pormit fails to comply with the provisions of soction 6 18 or regulations promulgated by thc city health officer; or [Note: Addressed in (a)(1)(A) and (B) above; permit can be revoked and establishment can be closed.] "e. Any dog has bocome the subjoct or pmbablo subject of a cause of action filed undor Chaptor 822, Health and Safoty Code. [Note: Dangerous dog provisions of State law require appeal of determination to be heard in a court of proper jurisdiction.] "(b) Wdtfen notice required. "1~.)_ Nc such An administrative headng shall may not be held without giving the lir~mse reqistratJonlpcrrnit holder or pen-nit holder or owner of an unlicensed unreqistered animal; prior written notice of the date. time, and place of the hearing, "(2) Wdtten notice shall-be is deemed made when a ced/f/ed letter, return receipt requested, addressed to the address indicated iR O__Qn the holder's last reclistration or permit ~r liccncc application or, if no such application is on file. to the owner's last known address, is deposited in the U.S. mail. Wdtten notice shall also be is also deemed made when the notice letter is delivered by an employee or representative of the city health officer City Health Officer to c.'Jch the address. H:~LEG-D~lR',e,r~zabeth'~3~o~ Files~EH Ordinaoce~EHordl55 Revlsed.doc Page 23 oi'45 "(3) All persons on the register kept by a hcmc stable for which an administrative headng will be held will be notified by certified mail deposited in the U.S. mail or by ~aersonal delivery made by an employee or representative of the City Health Officer that a hearing is to take place_ "(c) Disposition. At the conclusion of the administrative headng, the city health officer City Health Officer or the City Health Officer's designee shall determine if the person holding the m reqistration or permit, or the owner of an unliconced unreqistered animalT has violated any provision of this chapter, the regulations promulgated by the city health effi~ City Health Officer, or any law goveming the protection and keeping of the animal in quostion that is the subiect of the administrative heafincl. If any s=~~. violation has been found to have occurred, the city health offioer City Health Officer or the City Health Officer's designee, in his/he~ their discretion, may order that any of the following actions be taken within the time specified by the city hnatth officer Cib/Health Officer or the C~ Health Officer's designee=. :. "1.(~. That the owner divest himself/he~self of the animal in quostion that is the subject of the administrative headnq by either having it humanely euthanizod or by revocation "~', City; of the animal's reqistration and by romoving it removal from the That the permit holder divest himself/herself of the animals that are the subject of the administrative headng by revocation of the commercial permit and cessation of business operations related to animals; (3) That the holder/ownor owner or permit holder comply with specified conditions, deemed to be consistent with the protection of the public health, safeN, and welfare, so as to be permitted to continue to keep the animal within the ";"',,,,y City,' - or That a dangerous dog, or a dog having caucod the doath of a porson and ordorod dostroyod by a governmontal agoncy recponsible for animal control, under authority of Texas Penal Code, Chapter 18, ^riiolo 18.182, or under authority of Chaptor 822, Health and Safety Code, chall be humanoly outhanizod as provided by regulation; or [Note: Disposition of dangerous dogs addressed in State law; a dog causing the death of a person or serious bodily injury will be ordered seized and destroyed by a court; a dog causing or threatening bodily injury can be declared a dangerous dog subject to stringent registration and keeping requirements.] (4) Any other disposition deemed to be consistent with the protection of the public's health, sal:ety, and welfare. "Secs. 6-77 to 6-100. Reserved. H:~.EG-D~R~elizabeth~D~ot F~es~H Ordinanc~s'~Ho~'dl55 Revi~ad,doc Page 24 o~ 45 "ARTICLE III ARTICLE V. ANIMAL AND RABIES CONTROL "Sec .... 6-101. Restraint. "it ...... "~'"'" bc _is unlawful for an owner to fail to keep =uch a_.Q owner's animals under restraint as follows: "la) Except for cats, all animals shall must be kept under restraint as defined in this chapter. Cats mav be free-roamin(~ if otherwise in compliance with the provisions of this chapter. "(bi It is a violation of this chapter for any animal to be a public nuisance. An owner violates this provision if h~ the owner's animal is a public nuisance, regardless of any "fault" of the owner. "Sec. 6-102. Slaa¥in~i/Neuterin¢l Required of Cats. [Note: Newl] "la) After Janua~ 1, 2006, all free-roaminq cats are recluired to be spayed or neuteredl For the purposes of this section, "free-roamincl" means not securelv caQed, not under restraint by a leash or lead attached to a collar or harness, or not within the confines of the cat owner's residence or business structure. "(bi Any free-roaminq cat that is not spayed or neutered is subject to impoundment under this chapter. Nothincl contained in this chapter prevents the ffee-roaminq of cats that have been spayed or neutered. "(bi Thic ~oction is effo~tivo January 1, 2005. "Sec..=-2'. 6-103. Impoundment. "la) Grounds for impoundment. Animals may be impounded by the animal control section Animal Care Services division in any of the following circumstances: "(1) Any dog not kept under restraint as required by this chapter. "(2) Any dog or cat not weadng a collar or harness affixed with a valid city lioenso City reqistration tag. "(3) Any dog or cat for which a valid city liconse City reqistration has not been issued. "(4) Any animal ~ that constitutes a public nuisance. "(5) Any animal that a person could reasonably suspect as having any infectious or contagious disease other than rabies and being in the custody of a keeper who fails or refuses to make arrangements satisfactory to the animal control supervisor ...~,.,,~"~';"".~ ~".~ Animal Care Services manaqer for the proper treatment of such dog or cthe~- the animal. "(6) Every Any animal that has rabies or exhibits symptoms theree~ of rabies, or that a H:~LEG-DIR'~lizabe~aept Files~EH Ordinanc~s'~:Hordl55 Revised.doc Page 25 of 45 person could reasonably suspect as having rabies, or th3t bites, scratches or othorwice attacks another animal or othor porson within the city. "(7) Any animal, when unprovoked, that bites, scratches, or otherwise attacks another animal or Demon within the City. "(7-) (8) Any animal not kept by the owner or permit holder in conformity with this chapter, re(lulations promulqated bv the Cib/Health Officer, disposition made in accordance ~ Article IV of this chapter, or State law_ "(8) (9) Any animal upon the wdtten request ...... of the animal's owner thereef and to which the animal control suporvisor, or his decigneo, Animal Care Services mana.qer or the Animal Care Service manaqer's desiqnee agrees that such the animal be humanely euthanized for the protection or' the public's health, safety, and welfare of tho public. "(.9) (10) Any dog that is the subject of a cause of action filed pursuant to Chapter 822, Health and Safety Code, as it may be amended, =he!! must be impounded until further order of the a County Court at Law court of proper jurisdiction. "(11) After January 1, 2006, any free-roaminq cat that has not been spayed or neutered. "(b) Length of impoundment. Except for dogs impounded as subjects or probable subjects of a proceeding pursuant to Chapter 822, Health and Safety Code, for observation of rabies under Section 6-127, or other administrative procedures, impounded animals not claimed =ha!! must be kept for not less than three (3) working days from date of impoundment. In calculating the length of this time pedod, the first working day after impoundment ~hal! bc is considered Day 1. "(c) Notification of owner. If, by a lic~mse re~listration tag or other means, the owner of an impounded animal can be identified, the animal control officer Animal Care Service division eh=!! shall, as soon as practicable after impoundment impoundment, notify the owner in ~ person or by telephone, if reasonably possible, and, if not, then by mail, advising ~=~. that, if the impounded animal mvelved is not redeemed within five (5) working days, disposition will be made in accordance with this chapter. ~(d) Redemption. Impounded animals, et~e~tha~ excludinq those impounded as dangorouc .......... WC~OUS dogs, and a public nuisance, a prohibited animal, or an animal held for observation of ~ rabies under Section 6-127 or other administrative procedures, =h=!! bc are subject to immediate redemption. S'--'ch Impounded animals may be redeemed by anyone entitled to possession thereef of the animals while the same animals are ~n the w,., City animal shelter after paying the appropriate fees as follows: H:~EG,-[NRle~zabethl~ef:~ Flles~H Ordinance.~Hord 155 Revised.doc Page 26 of 45 [Note: Impoundment fee, section (1) below, is reformatted only.] "(1 ) Impoundment fee: "a~A) First impoundment: "Animals, excluding livestock: "Unregistered, not sterilized ........................................... $ 75.00 "Unregistered, sterilized ................................................... 50.00 "Registered, not sterilized ................................................ 50.00 "Registered and sterilized ................................................. 25.00 "Livestock, weighirtg less than 100 pounds ........................... 25.00 "Livestock, weighing 100 pounds or more ............................. 50.00 'b=(B) Second and subsequent impoundment within 12 months: ~Animais, excluding livestock: ~Not stedii7ed ............................................................... $ 75.00 "Sterilized ...................................................................... 50.00 "Livestock, weighing less than 100 pounds ..........................50 00 "Livestock weighing 100 pounds or more ............................ 100.00 'c=,-_[~. If an animal is sterilized within 30 thirty (30) days of release from impoundmont followinq the animal's first impoundment, the veterinarian performin(i the sterilization will be reimbursed $25.00 of the impoundment fee upon submission of a copy of the sterilization invoice. "d~D) A waiver or partial waiver of an impoundment fee may be granted by the director of public health City Hea~th Officer in cases involving exigent circumstances as determinod and published determined and published annuallv by caid diroctor the Gib/Health Officer. A copy of the waiver schedule will be kept on file in the Citv Secretary's Office. "(2) Boarding charge. A boarding charge determined, published published, and set annually by the director of public health, City Health Officer, but not to exceed the reasonable cost of boarding, ~ feeding, and cadng for s~mh the animal for the period of impoundment. A copy of the boardincl charcle schedule, settinq out the annual rates, will be placed on file with the City Secretary's Office. H:t,LEG-DJR',~t,zabe~Depl. Files~EH Ordinances'~EHordl55 Revised.doc Page 27 o[ 45 "(3) Rabies vaccination charge. All charges for rabies vaccination if required. "(4) City ~ reclistration charge. City li~gRse reqistration charge, if applicable. [Note: Paragraph below moved to new subsection (e), which follows previous subsection (e) further below; language revised.] "In caco any animal impoundod sought to bo rodocmod is suffodng from any dicoaco or ailment, it shall not bo released until tho animal control cuporvisor shall bo catisfiod that arrangements looking to its propor treatmont are assured. Animals put undor ob~,orvation as deccdbod in soction 6 23 shall becomo subjoct to rodomption when found to be h'ee from rabies. [Note: Previous subsection (e) below moved to new subsection (g).] "(e) Disposition of animals. Except as providod in subsection (c), (h), and cortain livestock as hereinafter provided, impounded animals not redoomed by thoir ownor within threo (3) working days following impoundmont shall become tho proporty of the city and shall bo placod for adoption in a suitable home or any nonprofit association organizod for the protection and welfare of animals, cold pumuant to section 17 ,I of the Codo of Ordinances of the City of Corpus Christi, or humanely euthanizod, providod howovor, prior to the disposition of any livestock, excopt for goats and choop, notice shall be posted for a ten day period at tho county courthouco, city hall, and the city animal control facility upon the expiration of three (3) working days from tho impoundment of said livestock. Upon the oxpiration o[ a tcn day waiting pedod the city may dispoco of said livestock in the samo manner as other unclaimed animal~. "The expiration of tho threo (3) working days poriod upon impoundmont and tho notice of and expiration of tho ten day podod with rer.,pect to livestock shall not apply to tho disposition of any animal placed in impoundmont by the writton concont of tho ownor and the acceptance of such animal by the animal control suporvisor, Any animal receivod by tho consent of its ownor may be disposed of immediatoly upon its impoundmont in tho same mannor as unciaimod animals. "in the caco of a dog impounded under authority of Chapter 822, Health and Safety Code, and other state law, such dog may be rodeemed upon tho court's finding and rendodng a judgment that the dog did not engage in dangerous conduct, and upon the conclusion of any proseoding providod for in this chapter; or upon tho court's finding that tho dog did engagc in dangerous conduct, that the due claimant of said dog show~ proof of having fully compliod with all incuranco and restraint requirements of Chapter 822, Health and Safoty Codo and this artiolo, soo section 6 10(k). "(e) Redemption-special circumstances. In case any animal that is impounded is sought to be redeemed and is suffering from any disease or ailment, it shall may not be released until the animal control suporvicor Animal Care Services manaqer ~hcll bc is satisfied that arrangements looking to its proper treatment are assured. Animals put under observation as described in se~deR Section 6-23 shall bocomo are subject to redemption H:'~EGqatR'~e~zab~Jl~Dept Fi~es~EH Ordinanc~l-lo~155 Revised.doc Page 28 of 45 no less than ten (10) days from iml~oundment if when I'ound the animal is determined to be free from rabies by the Animal Care Services manager. MandatOry spay/neuter of do(Ts followin(~ impoundment_ [Note: NEWI] Mandatory spay/neuter followincl first impoundment. The owner of a doq which has not been reqistered and vaccinated in accordance with this chapter, whose doq is not spayed or neutered, and whose doq has been impounded for beinq at lame shall have the doq spayed or neutered within 30 days followinq the doq's release from impoundment. Mandatory spav/neuter followinq second impoundment. The owner of a doq which has been impounded for beincl at lame at least two (2) times in a twelve-month period, whose deQ was reclistered and vaccinated in accordance with this chapter at the time of the doq's first impoundment, and whose doq has not been spayed or neutered, shall have the deQ spayed or neutered within thirty (30) days followinq the do~'s second release from impoundment. "(3) Exemption made by Animal Care Services manaaer. The Animal Care Services manaqer is authorized to exempt a doq owner from the requirements of paraqral~h (1) of this subsection if the owner proves to the satisfaction of the Animal Care Services manaqer that the animal met one (1) of the conditions specified in paraclraph (6) of this subsection. "(4) Certification of spa¥/neuter procedure. The owner of a deq required bv paraqraohs (1) or ('2) of this subsection to be spayed or neutered shall submit to the Animal Care Services manaqer certification that the spav or neuter procedure was The certification must be made on a form provided by the Animal Care Services division and must contain the siqnature of the veterinarian who performed the procedure. The certification must be delivered bv the owner to the Animal Care Services division no later than the 40~h day followinq the animal's release from impoundment. Offenses. A person commits an offense if the person is the owner of a doq required bv paraqraohs (1) or (2) of this subsection to be spayed or neutered and the person fails to have the animal spayed or neutered. ~(B) A person commits an offense if the person is the owner of a doq required by paraqraphs (1) or (2) of this subsection to be spayed or neutered and the person fails to provide certification of the spay or neuter procedure as required by paraqraph (4) of this subsection_ H:~.EGOfl:i~!~zebeth~o~ F31es~EH Ordinance.s~EHordl55 Revised doc Page 29 of 45 Affirmative defense. In a prosecution for a violation of para~3raph (5) of this subsection, it is an affirmative defense that: "(A) At the time of the dog's second impoundment: "(i) The doq was registered with a national re~istry; and "(ii) The owner of ~ do~ was a member of a national breed club, local breed club, local all-brccd club, sportin(I or hunfin<3 club, or was re<~ularlv shown dudn(~ the six-month period immediately precedinq the second impoundment. "(B) At the time of the do~'s second impoundment, the doq was at larqe due to a vis maior. "(C) The do(3 was at larqe at the time of its second impoundment due to a fire or due to the cdminal or neoliqent acts of a third party who was not residinq at the dog. owner's residence. At trial, evidence of a fire or the criminal or neqliqent acts of a third party may be presented in one or more of the followinq manners: "(i) A certified copy of a police or fire report vedfyinq the incident;, "(ii) The affidavit of police or fire personnel with direct kno,Medcle of the incident; or "(iii) The testimony of police or fire personnel with direct knowtedqe of the incident. "(7) Nothinq in this subsection may be construed so as to permit a spayed or neutered doq to run at larqe. "(e.) [g.)_ Disposib'on of animals. "(1) . . Except as provided in subcection (c), (h) subsections (c) and (i) of this section, and certain livestock as heroinaflor providod provided for in this para(~raph, impounded animals not redeemed by their owner within three (3) working days following impoundment sba!! become the property of the c~/City and ...... may be placed for adoption in a suitable hom~ or with any nonprofit association organized for the protection and welfare of animals, sold purcuant to under ~ Section 17-4 of the Code of Ordinances of the City of Corpur. Chdcti, or humanely euthanized. , providod however, pdor Pdor to the disposition of any livestock, except [or excludinq goats and sheep, notice sba!! must be posted for a ten-day pedod at the county courthouse, c~',! City hall, and the c!~! City animal control I:acility shelter upon the expiration o1: three (3) working days from the date of impoundment of .... the livestock. Upon the expiration of the ten-day H:~LEG-DIR~elizabeth~3ep{ FRes~EH Ordinances~EHordl55 Revised,d~c Page 30 of 45 waiting podod notice pedod, thev..,"a-' ~ may dispose of scid the livestock in the same manner as other unclaimed animals. "(2) . . The expiration of the three (3) working days peded upon impoundment and the notice of and expiration of the ten-day pedod with respect to livestock shall does not apply to the disposition of any animal placed in impoundment by the written consent of the animal's owner and the acceptance of such the animal by the Animal Care and control suporvicor Services manaqer. Any animal received by the consent of [ts owner may be disposed o1' immediately upon its impoundment in the same manner as unclaimed animals· "(3) · . In the case of a dog impounded under authority of Chapter 822, Health and Safety Code, as it may be amended, and o~ other State law, .~u~..h the dog may be redeemed upon the courts finding and rendering a judgment that the dog did not engage in dangerous conduct and upon the conclusion of any proceeding provided for in this chapter; or upon the court's finding that the dog did engage ..~r~ the dog shows proof of in dangerous conduct, that the due claimant of having ~ully complied with all insurance and restraint requirements of Chaptor 822, Hoalth and Safoty Codo provided by State law, and this articlo, see coction ~ !9(k) and meets all requirements of this chapter that pertain to the keepincl of a danqerous doq. h~)Adoption of unclaimed animal. A person other than the previous owner may adopt an unclaimed animal after the expiration of the redemption pedod and after paying any applicable boarding charqes and rabies vaccination, and license reqistration, and adoption c~ fees, and signs an aqreement to have the animal sterilized within thirty (30) days of adoption, in compliance with Chapter 828, Health and Safet~ Cede. if the animal is unsterilized at the time of adoption.; and, if the animal ic not ctodlized, a twenty five dollar ($25_00) adoption foc. If an unsterilized animal ic sterilizod within thirty (30) days of adoption, then a ~,¥enty fivo dollar ($25.00) rotund will bo paid to the votednadan performing tho sterilization, upon application by the vetodnadan within thirty (30) dayc after tho cervice is porformod. Thic section will not preempt Chaptor 828, Hoalth and Safety Codo, which may roquire s/odlization of an adopted animal. If ,an animal is sterilized within thirty (30) davs of adoption, then a twentv-flve dollar ($25.00) refund will be paid to the veterinarian performinq the sterilization, upon application by the veterinarian within thirty (30) days after the service is performed. "(9) ~ LJ~mse Compliance required for release. No impounded dog or cat sba!! may be released until the person to whom the dog or cat is to be released agrees and meets with all regulations promulgated by the city hoalth officer Ci~ Health Officer. ~ Euthanasia. The animal control supen/isor, or his/her designee, Animal Care Services mana(~er or the Animal Care Services manacler's desiqnee may direct the immediate euthanization of any animal determined to be seriously injured or diseased pursuant to under the rules, guidelines, or procedures established by the dkeeter-ef public hcalth C~ Health Officer. Impounded animals not redeemed or adopted as provided for in this section sh~l! must be humanely euthanized at the ,..., Ci11/animal shelter under the direction of an animal control officor Animal Care Services Officer. The H:~_EC--DIR~izabe~'~aepl. File~'CJ,-I Ordinances~Hordl55 Revised.doc Page 31 (3[ 45 carcasses sh:~! must be disposed of as directed by the director of public health City Health Officer. (k/ Records. The animal control supervisor Animal Care Services mahou:let shall cause to be maintained a record describing each identifiable animal impounded within the preceding two (2) years. In the case of reqistered dogs and cats, the liseRse reqistration tag number shall be notod and the name of the person to whom it was issued must be noted. In/he case of each identifiable animal, it she!! must be noted how the impounded animal was disposed of, giving the names and addresses of persons to whom such the animal was delivered, and the deposits or fees and charges received from such the persons. I~ Notice of violation. In addition to, or in lieu of, impounding an animal under this section, an animal control officer Animal Care Services Officer or any police officer may issue to the owner of su"...h the animal a noti~ of violation citation for a violation of this chapter. This notice shall provido a spaco thereon for tho party charged to waive trial on the morits and ontor a ploa of guilty or nolo contendore. In tho ovent the party chargod desires to onter a ploa of not guilty, such pomon may obt,ain a tdal setting from tho ciork of tho municipal court. Nohvithstanding any other provision of this cubseotion, pomon& chargod with a violation may, after entodng a ploa of guilty or nolo contendere in the space provided, pay a fine in tho amount of forty dollars ($'10.00) plus court costs for such violation, to the clork of the municipal court within ten (10) days of receipt of tho ;'-~'-*;-- [Note: Penalty provisions stated in penalty section.] "Secs. 6-104 to 6-125, Reserved. "Sec. 6 22 6-126. Rabies vaccination. "(a) It shall be ic unlawflJI for any porson to No person may own, keep, harbor or have custody or control of a dog or cat over three-(3) four (4) months of age within the City, unless such the dog or cat has been immunized against rabies by the injection of anti-rabies vaccine by a licensed veterinarian on an annual basis. "(b) Every owner of a dog or cat immunized against rabies as required herein in this ...... must procure a rabies vaccination certificate from the veterinarian chapter administering the vaccine. "(c) A veterinarian who vaccinates a dog or cat as required her-em by this chapter sh=l! must furnish the owner there~ of the doq or cat with a metal tag beadng a number corresponding to the number placed on the vaccination certificate, and with tottering showing immunization and the year thereof. This tag ,~,~!! must be attached to the collar or harness of the dog or cat for which it is was issued, and shall and must be worn at all times in a conspicuous place on the collar or harness. H:~..EC.~DtR'~'[zabelhIDep[ F~]es'~J-I OfdinanceslEHordl55 Revised.doc Page 32 of 45 "Sec. =, 22 6-127. Animals biting and/or oxhibiting eymptoms of rabio~, Rabies impoundment and auaranttne. "(a) Impoundment. Every animal that has rabies or symptoms themef of rabie~er-eve~ an ...... o_[r that a person could reasonably suspect as having rabies, er and that bites, scratches, or otherwise attacks any person or animal within the ~ City must be impounded at once and held for observation and quarantine at the ~-~,; City animal shelter or other place designated by the city health officer Cib/Health Officer for ..... the period of time as the ~"c.; City Health Officer may deem necessary; provided, however, r,u~h th__ee period of time sba!! may not be fewer than ten (10) days nor more than fourteen (14) days. "(b) Prohibited from being on public ways, places. No animal that has rabies shall may be allowed at any time on the streets or public ways of the c~! City. No animal that has been suspected of having rabies cbc!! may be allowed at any time in public places, except as expressly provided hereto in this chapter until sc!d the animal has been released from observation by the city health officer City Health Officer. "(c) Owner's responsibility. The owner of any animal that is reported to have rabies, or symptoms ther-e~ of rabies, or to have been exposed to rabies, or to have c, cratohod, scratched, bitten, or otherwise attacked any person or animal within the c!ty City, or that the owner knows or suspects to be rabid e¢ and to have attacked, bitten or sca, rate, heal scratched, bitten, or attacked any person or animal shall submit .... animal for quarantine to the animal control supervisor Animal Care Services manaqer, a_.Q Animal Care Officer, or any police officer. In tho event ['he owner of such animal refucos to surrender such animal on demand, such action shall constitute a misdemeanor and upon conviction bc punishable by a flnc of not lees than ene huRdred fifty dollars ($150.00) plus court coats nor more than five hundred dellars ($§00.00) plus court costs. Failure o1: an owner to submit the animal, as required by this subsection, is a violation of this chapter. "(d) Reporting of incidents. Any persons having knowledge of any animal exhibiting symptoms of or exposed to rabies, or that has bitton, scratchod scratched, bitten, or otherwise attacked any person or animal, shall report the incident to the animal control ~ Animal Care Services division no later than ten (10) days from the date of the incident. The report ch"!! must include the name and address of any victim and of the owner of the animal, if known, and any other information relating to the incident or animal. The animal control cuporvicor Animal Care Services mana.qer shal inl:orm the city hoalth officer City Health Officer at once, in person or by phone, and follow up with a written report. "(e) Veterinarians' reports. Every veterinarian or other person who is called to examine or professionally attend any dog or other animal within the sit',/City having glanders or farcy, rabies, tuberculosis, or any other communicable disease shall, within twenty-four (24) hours thereafter, report in writing to the city health officer City Health Officer and the animal control supervisor Animal Care Services maria(let the following: H:~LEG-DiR~eEza~eth~Dep~ F~les~H Orflinanc~s~EHordl55 Revised.doc Page 33 pi' 45 "(1) The location of suc~h the animal. "(2) The name and address of the owner therccf, of the animal. "(3) The type and character of the disease. "(f) Veterinarians' records. Every veterinarian practicing within the "~-' ';-'-~" ' .,,,, ........ City shall keep detailed records of animal rabies vaccination vaccinations and, upon request of the animal control supervisor Cib/Health Officer or Animal Care Services mana(aer, must acknowledge to such officor the City Health Officer or Animal Care Services manacler whether an animal of a particular location, or owned by a named person, has been vaccinated within the last twelve (12) months. "(g) Investigation of cases. The city hoalth officer C~ Health Officer shall investigate and record all cases of rabies and suspected rabies. "(h) Disposition of bodies of quarantined animals. The body of any animal that has died of rabies or that dies or is destroyed while in quarantine shall may not be disposed of except as directed by the c~ health officer City Health Officer. [Note: Subsection (i) below was revised prior to the beginning of the 2004-2005 fiscal year.] "(i) Owner to pay costs, Tho ownor of an animal quarantinod under thic coction shall pay to tho animal control supervisor the reasonable costs of tho quarantino and dispocition of tho animal, including chargos for shipmont of tho animal's head or brain, if required, to the noarect Texas Dopodmont of Health laboratory for tosting. The ownor shall pay to the animal centrol suporvisor a feo of eight dollars ($8.00) for preparation of each animal hoad I~or shipping to the state dopartmont laboratory for rabioc tecting. VVhere tho owner of a nonquarantined animal ic roquirod to or requostc that the head or brain of tho animal be shippod to an appropriate lab, then the owner chall bo responciblo for paying the coots of preparation and chipping. "(i) Payment of costs. ['Note: Formatting and language revisions only.] "(1) The owner of an animal quarantined under this section shall pay to the control suporvicor Animal Care Services division the reasonable costs of the quarantine and disposition of the animal, including charges for preparalJon, processing, and shipment of the animars head or brain, if required, to the nearest Texas Department of State Health. Services laboratory for testing. The fee for preparation, processing, and shipment, by the animal control supervisor Animal Care Services division, of the animal's head or brain is seventy-five dollars ($75.00). "(2) The owner of a non-quarantined animal or a veterinarian, if required by law or upon the owner's or a veterinarian's request, may seek the services of the animal control supervisor Animal Care Services division to prepare, process, and ship the head or brain of an animal to the nearest Texas Department of State Health Services laboratory for testing. H:~LEG-O~R~zabeth~Def:H, F~es~EH On:linances~Hotd 155 Revised.doc Page 34 of 45 "(a) If the head or brain is prepared by a veterinarian for processing and shipment by the animal control supervisor Animal Care Services division, the person requesting the service shall pay a fee to the animal control cuporvir, or Animal Care Services division of fifty dollars ($50.00). If the head or brain is prepared by the animal control supervisor Animal Care Services division for processing and shipment, the person requesting the service shall pay a fee to the animal control cupervitor Animal Care Services division of seventy-five dollars ($75.00). "Sec, 6 24, Rooorvod. "Sec, 6 26. Loan of small animal traps, "Small animal traps will be loaned by the animal control division for a charge of ore dollar ($1.00) per day. Them will be a required deposit of ton dollars ($'10.00) pdor to the loan of those traps_ The following shall bo exempt from said charges and deposit: Iow in(omo citizens, below the poverty level ac ettablishod by the U.S. Department of Health and Human Services. Provided, however, that to obtain such an exemption on a deposit, tho exempted citizen shall be mquir0d to state in a written agreement that hc or tho it entitled to the exemption. There will bo a forty five dollar ($46.00) replacement charge for all small animal trapt lost, stolon, or other, vise damaged rendering them unusable by the animal control division mgardlotc of exemption status for rental fooc or deposit. "Secs. 6 26 6 29. Rosorvod. "Secs. 6-128 to 6-150. Reserved. "ARTICLE IV, ARTICLE VI. CARE AND KEEPING OF ANIMALS "Soc. 6-30. Animal care. Sec. 6-151, Humane animal care and keeping. "it shall bo is unlawful to No person may violate the following provisions for humane animal care and keepinq: "(a) No owner shall ma,/fail to provide such the owner's animals, sufficient good with sufficient and wholesome fc~,.~, =.".d food, water, and necessary shelter and protection from the weather, all within reach of such owner's animals the animal. No owner shall fail to provide such owner's animal with veterinary care when needed to prevent suffering, and with humane care and trealment. [Note: Deleted language moved to new subsection (b) below.] "(b) No owner sh=!! may fail to provide su=h the owner's animal with humane cam and treal~nent and with veterinary care when needed to prevent or alleviate suffering, =.-.d with humane core and treatment. H:~EGqaf/:~elizabeth~Dep~ Fdes'.~H Ordinances~Hordl55 Revised doc Page 35 of 45 "(b) (c) No person shcl! may beat, cruelly treat, torment, overload, seriously overwork, or othenNise abuse an animal, or cause, instigate, or permit one animal to fight with another animal or human being person. "(~ [cl) No owner of an animal shall person may abandon or neglect ='.:'ch a._~n animal. "(d) (e) No person, other than a licensed veterinarian, shall may crop a dog's ears, er-dock a doq's tail, or remove a doq's dew claws except a licensed veterinarian ".(_0. No person mav sell an animal to, buy an animal from, or barter or exchan(le for an animal with, any commercial animal establishment that does not have a valid commercial permit nor may a person sell, buy, donate, or barter or exchancle for, an animal upon commercial propertv without possessinq a valid commemial permit. No person may sell, offer for sale, or donate-any animal to another person, or barter or exchanqe with any other person for an animal, upon any public properly within the Cih,. Public property includes, but is not limited to, streets, allevs, sidewalks, parkinq lots, and dqhts-of-wavs and easements. (h) No person may sell or deliver Livc live chickens, ducklings, goslings, or rabbits less than eight (8) weeks of ago may not bo sold or delivered in qUantitiec of Ieee than five (5) to any other person within the period of ~ thirty (30) days prior to Easter Sunday and on Easter Sunday. Hatcheries and commedcal animal establishments that buy and sell animals intended for aqricultural use or to be raised for commercial purposes are excluded from the prohibitions contained in this subsection. "(f) (i) No person ch=!! may give away or offer to give away any live animal, except for .qoldfish, as a pdze for or as an inducement to enter any contest, game, or other competition, or as an inducement to enter a place of amusement, or offer =u,~',Ah any animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade. "(g) (i) No person ~'"" ...... may sell, offer for sale, barter, or display any living chickens, rabbits, ducks, or any other fowl or animal which has been dyed, colored, er otherwise treated so as to impart to it an artificial color. "(h) (k) No person =hal! may expose any poisonous substance, whether mixed with food or not, so that the same cbc!! bc is likely to be eaten by any animal, provided that it ~hall not be is not a violation of this chapter for a person to expose on ~';~ .... a person's own property common rat poison having a blood-thinning agent or other agent approved by the health department Depa, b,,ent of Public Health, mixed only with vegetable substances and intended for consumption by rats or mice only. "(i) (I) No person may allow an enclosure Enclosures used to confine animals :he!! to be maintained in a clean and sanitaiy an unsanitary condition at all-times any time. "(j) (m) No person ~-h..,, . .,,,.h ...... may tether, hitch, or stake out any animal, or permit ..... an animal to be tethered, hitched, or staked out so that it the animal can go upon or stre~-~ any H:~EGq31R~e~zabeth~Oe~t Files'EH Ordinanc~s~EHord155 Rev~sed.doc Page 36 of 45 rope, chain, er-strap, or other thing to which it ic restraint device by which the animal is tethered, hitched, or staked '-, ,~ ~., out into any sidewalk~r-stmet, alley, or street. "(k) ('n)No person shall-tie may tether, fie, or fasten any animal to any lamppost, lightpole, utility pole, awning post, tree, fence, hydrant, or shrubbery belonging to another person without the consent of the owner of the obiect to which the animal is tethered, tied, or fastened. "(I) (o) No person =hc!l may sell, offer for sale, bc,"t.c; barter, donate, or display turtles with a carapace length of less than four (4) inches ir~r viable turtle eggs. A._Qn educational or research institution is exempt [TOm the display proh~ifion contained in this subsection if the turtles or turtle eqqs are displayed for educational or research purposes. ,,,,, ~ No person ch=!! may tether an animal in such a manner that allows the animal to become entangled. "Sec. ~ 3~. 6-152. Performing animal oxhibition animals. "(a) No performincl animal exhibit, performing animal exhibi§on, rodeo, or circus shc!l be is permitted in which animals are induced or encouraged to perform through the use of chemical, mechanical, electrical, or manual devices in a manner which will cause, or is likely to cause, physical injury or suffering. ammal ...... must f'~ properly and be in good working "(b) All equipment used on a performing ' condition. "Sec. ~ 3~- 6-153. Keeping of certain animals prohibited. "No person sh~!! may keep, own, maintain, use, or have in ' s.,~, the person's possession or on premises under such, the person's control, within the sit',! City, any of the following: "(a) Any dangerous animal, except in accordance with this chapter and the regulations promulgated by the city health authority or his docigneo; City Health Officer; "(b) Any guard dog, except in accordance with section 6 12 horeof; the provisions of this chapter; "(c) Any livestock or fowl, other than banded hominq picleons as stated in subsection (e) of this section, except when raised as part of an animal husbandry program for youths or kept in accordance with section 6 33 hereof; Section 6-154 of this chapter; "(d) Any prohibited animal, excopt those which, on the date of publication following the third and final roading of Ordinance No. 16135 from which thic chapter dedves, 3re present within the city and are ownod by a porson who makos application to tho city health officer for a prohibited animal pormit on or before Apdl 30, 1981, and who has boon granted a prohibited animal pormit pursuant to rogulations promulgated by the city hoalth orris, or and on file with the city socretary; provided, howover, that such pormit shall not bo H:~LEG,-DIR~elizabeth~Oepl F~es~EH Ordinanoss~EHordl55 Revised.doc Page 37 oi' 45 required for a bona fido zoological park; except when possessed under the provisions of Section 6-57 of this chapter. Any applicant for a permit or renewal of permit whose animal i~ subject of hearing, will be required to notify by ce~lil~od mail, all property owners within five hundred (500) foot of the applicant's property lines; of the intent to keep, or continue to keep the animal on his property to ensure that there ic an opportunity to object to i~uance of a permit. If moro than t-n~ty (50) par cent of tho neighbors file individual objoctJonc to the keeping of this animal with the director of health, the director shall deny the permit. Such denial by the director may bo appealed by the applicant to the city council as provided in tho regulations. "(2-) Any applicant for such permit or renewal must also provide public liability insurance naming the city 3s additional insured in the amount of at least two hundred fifty thousand dollars ($250,000.00) for personal injury, and fifty thousand dollars ($50,000.00) for property damage. Such policy must contain tho statement that the insurance company shall give the city at least ten (10) days' advance wdtton notice prior to cancellation of such insurance coverage. Further, each such applicant shall agroc to indemnify the city, its ofticialc and employees, against any damage or injury caused by the applicant's prohibited animal or any liability whatsoever incurred in relation to the granting or renewal of any prohibited animal permit by the city. [Note: Language in subsection (d), (d)(l), and (d)(2) above deleted as there do not exist any prohibited animal permits under this subsection.] "(e) Pigeons, other than banded homing pigeons, and homing pigeons except when banded, -".".d when raised for other than commercial purposes, =Md ;;.~,c,~ confined to closed lofts, except for owner-supervised training or exercise flights, and kept in compliance with Section 6-154 and all other provisions of this chapter. "Sec. ~--33 6-154. Keeping of any livestock or fowl. U(a) The keeping on any premises in thev..,"~"' Cib/, within any zoning district other than an I-2 Light Industrial or I-3 Heavy Industrial District, of any fowl or livestOck not prohibited by sodden 6 32 Section 6-153, is prohibited unless: "(1) The pens, stalls, or other facilities for kee~)inq the livestock or fowl, other than fenced open pastures that are greater than one (1) acre, for keoping the same shall bo so are located so that the livestock or fowl cannot come within one hundred (100) feet of any existing dwelling or business building owned, used, or maintained by any person other than the keeper. "(2) The pens, stalls, or other facilities for keepinq the livestock or fowl, other than fenced open pastures that are greater than one (1) acre, for keeping the livestock or fowl ~h=!! bc are located so that the livestock or fowl cannot come within rrve hundred H:~.EG-DIF~er~zabeth~)ep{ F~H Ofdinances~EHordl55 Revised,doc Page 38 o~ 45 (500) feet of any existing food service establishment or food processing establishment, regardless o1: ownership or occupancy of such the establishment. "(3) The fenced open pasture, which is greater than one (1) acre, has a means of preventing the livestock or fowl from coming within twenty-five (25) feet of any property line that abuts an existing residence. "(b) Thic provision shall The provisions contained in subsection (a) do not apply to fowl which are kept in completely enclosed and solidly walled facilities, or to species of birds other than poultry. "(c) Buildings and structures used to keep animals within an I-2 Light Industrial or I-3 Heavy Industrial District must meet the set back requirements in r=,ed~m Section 20-5.04 or 21- 6.04 of the Zoning Ordinance zoninq ordinances, as applicable in the appropriate district and as each section may be amended. "Sec. 6-34 6-154. Keeping of more than six pets. "(a) The keeping on any premises in the "~" ' v.., City, in any zoning district other than I-2 Light Industrial or I-3 Heavy Industrial Disthct, of any pets in any number exceeding six (6) in aggregate, other than rodents and fish, is prohibited unless: the pons, stalls or other enclosure facilities, other than fenced open pastures that are .~lreator than one (1) acre, for keeping the same shall be so located that pots cannot seine within one hundred (100) foot of any dwelling or business building, owned, used or maintained by any person other than/he keeper or frye hundred (500) foct of any food service establishment or food processing establishment, regardless of ewnership or occupancy of such establishments. [Note: Deleted language is repetitious; see below.] "(1) The pens, stalls or other enclosure facilities for keepincl the pets, other than fenced open pastures that are greater than one (1) acre, for keeping the same shall bo so are located so that the pets cannot come within one hundred (100) feet of any existing dwelling or business building owned, used, or maintained by any person other than the keeper. "(2) The pens, stalls or other facilities for keepinq the pets, other than fenced open pastures that are greater than one (1) acre, for keeping the pets shall be are located so that the pets cannot come within five hundred (500) feet of any existing food service establishment or food processing establishment, regardless of ownership or occupancy et' such the establishment_ "(3) The I~enced open pasture, which is greater than one (1) acre, has a means of preventing the pets from coming within twenty-five (25) feet of any property line that abuts an existing residence. "(b) Buildings and structures used to keep animals within an I-2 Light Industrial or I-3 Heavy Industrial Distdct must meet the set back requirements in section 20-5.04 or 21-6.04 of the Zoning Ordinanoo, zoninq ordinances, as applicable in the appropriate district and as each section mav be amended. H :~EGq:)lR~(izabe th'g, ept Fik~EH O~ma.r~ces~EHard 155 Re,~sed.doc Page 39 (~ 45 "Sec. 6-36 6-155. Maximum combined number of animals permitted. "(a) The keeping upon any premises in the ~,~! City, in any zoning distdct other than I-2 Light Indusbial or I-3 Heavy Industrial Disl~ict, of a combined total of more than fourteen (14) animals is h~eby forbidden prohibited unless: the pon, stall or other enclocuro facility usod for the keoping of the camo shall confino the came ac not to pon'nit the camo to ~omo within or five hundrod (500) foot of any food corvico ectablichmont or food proccccing establishment, regardlocc of ownership or occupancy of such ectablishmontc. [Note: Deleted language is repefl6ous; see below.] "(1) The pens, stalls, or other enclosure facilities for keepinq the animals, other than fenced open pastures that are greater than one (1) acre, for kooping the came chaff be-se are located so that the samo shall pens, stalls, or other enclosure facilities confine the same animals so as not to permit the same animals to come within five hundred (500) feet of the extedor limits of any existing building used for human , habitation or used for the business of any person other than the keeper (unless the keeper is within one (1) or more of the exceptions set forth in se(AieR Section 6-36). "(2) The pens, stalls, or other enclosure facilities for keeDinq the animals, other than fenced open pastures that are greater than one (1) acre, for kooping tho animalc chaff be so are located so that the pens, stalls, or other enclosure facilities =h=!! confine the animals so as not to permit the animals to come within five hundred (500) feet of any existing food service establishment or food processing establishment, regardless of ownership or occupancy of suc. h the establishment. "(3) The fenced open pasture, which is greater than one (1) acre, has a means of preventing the pets animals from coming within twenty-five (25) feet of any property line that abuts an existing residence. "(b) Buildings and structures used to keep animals within an I-2 Light Industrial or I-3 Heavy Industrial District must meet the set back requirements in se~deR Section 20-5.04 or 21- 6.04 of the Zoning Ordinance zonin(~ ordinances, as applicable in the appropriate distdct and as each section mav be amended. "Sec. ¢- 3~ 6-156. Exceptions to distance and number requirement regulations. "(a) Laboratodes-a~d. veterinarians, and others listed. Where livestoc, k or fowl are kept in medical laboratories or educational institutions for medical research-e~, in veterinarian veterinary hospitals for treatment, or on the premises of any recognized humane society for humane care, such the livestock or fowl sba!! must be kept under conditions prescribed by the city health officer City Heaith Officer for c'--'ch the limited purposes stated in this subsection without the necessity of compliance with the distance and number requirements prescribed in this chapter. "(b) Pet shops. Pet shops keeping all animals in completely enclosed and solidly walled facilities need not comply with the distance and number requirements prescribed in this chapter. HN.EC_~Dfi:~,~heth~3ep{ F'~es~H Omlinaoce~'~EHordl55 Revised,doc Page 40 of 45 "(c) Lawfully existing prcmisos and promic, oc in nowly annoxod area. Exem~)tedpremises in newly annexed area. Where any animal is being kept at lawfully existing premi~o¢ within the city or at a location outside the cfi,/City limits ~,,~ and, by annexation, the area becomes a part of and within the boundaries of the incorporated area of the d~/City, the distance and number requirements shall do not apply for a period of five (5) years from and after the passage of this amonded soction or the date of annexation_., rocpoctively. Extensions of this exemption may be obtained for successive five-year pededs by applying for and obtaining a certificate from the city health officor Cib/Health Officer certifying to the existence of sanitary conditions of the premises and neighboring premises. ~(d) Hominq eiqeons. Homing pigeons may be kept in a number not exceeding sixty (60) if so Ionq as there is no opposition from contiguous neighbors,-previded they are kept in accordance with the rules and regulations promulgated by the diroctor of public hoalth City Health Officer, and they are kept in accordance with Section 153(e)and all other provisions of this chapter. "(e) Events_ Where any animal is kept as part of a circus, auction, an auction, circus, performin(I animal exhibit, performinq animal exhibition, or rodeo for which a commercial permit has been obtained in accordance with Article III of this chapter, or dc"~ c; c~.~t is kept as part of an animal special eve~, event authorized by animal oontrol the Animal Care Services division, a-perseR the holder of the permit or the person so authorized need not comply with is exempt from the distance and maximum animal number requirements prescribed in this chapter. "Sec.; 37 6-157. Animal waste. "(a) The owner of evePf each animal shall bo responsiblo for tho removal of is recluired to remove any feces deposited by =u~'~h th._~e owner's animal on public or private property. "(b) Feces deposited by an animal on public property or upon the private property ol= any .......... must be collected and removed at once person other than .... ~- the animal's owner o by =,..'ch the animal's owner. Animal feces deposited upon any other property =ha!! must be collected and removed daily. "(c) Collection and removal of animal feces '..hcl! must be in a container of ..... type that, when dosed, is ._.,. .... rat-proof and ..,..~ht airti¢l, ht. Such The container ch=!l must be kept closed after each collectiom, and, At at least once a week, each such animal owner shall cauce all collected feces co collocted to must be disposed of in such a way as a_ manner that does not to permit fly breeding or other unhealthv conditions. "Sec. ~ 6-158. Storage of .... food; control of rats. All .~c~'gd- food provided for animals and kept outdoors ch~!! must be stored and kept in a ratproof, flytight rat-proof and airtiqht building, box, container, or receptacle. Nerse stablec must carry out 3 oontinuouc, active rat control p~egram_ [Note: Deleted language in subsection (b) below.] H:~L.EC~,DIR~el~zab~lh~Dep{ F~Ies~E.H O~:llnanc~s~Hordl55 Revise~i,doc Page 41 oi' 45 Stables must cam/out an active, on-cloinq ret control pro<lram. "Soc. 6 39, Rooorvod, Secs. 6-159 to 6-200. Reserved. [Note: Previous Articles V and VI below are included to revise sections and section references only. No substantive revisions have been included.] "ARTICLE V ARTICLE VII. WILDLIFE AND BIRD SANCTUARIES "Sec. 6-40 6-201. Designated. "(a) Subject to the further order, regulations and control by the city council, there is hereby designated as a wildlife and bird sanctuary all of that area owned by the city abutting on Up River Road in the county and more particularly described in two (2) deeds: One deed dated December 30, 1954, of record in Volume 669, pages 189-191 of the Deed Records of Nueces County, and one deed dated January 7, 1955, of record in Volume 672, pages 346-350 of the Deed Records of Nueces County, Texas. This designation shall not prohibit nor prevent the continued use of such land as a part of the facilities of the water division of the department of public utilities, and any operations by city employees in draining or otherwise using such tract of land by such water division shall be exempt from the provisions ol: section 6 '11 Section 6-202. "(b) Subject to the further order, regulation and control by the city council and the Lower Nueces River Water Supply District, there is hereby designated as a wildlife and bird sanctuary all area situated in Jim Wells and San Patricio counties lying east of the Wesley Seale Dam and more particularly described as follows: All of that area bounded on the south by the city operations road on the Wade property; bounded on the west by the Wesley Seale Dam; bounded on the north by a line parallel to State Park Road 25 and immediately south of the trunk lines gauging station and extending from the south end of the north embankment of the dam easterly to the boundary of State Park Road 25; and thence along Park Road 25 to its intersection with the Southern Pacific Railroad right-of-way; and bounded on the east by the Southern Pacific Railroad west right-of-way line to said city operations road. This designation shall not prohibit nor prevent the continued use of sa~l land as a part of the facilities of the water division of the deparl~nent of public utilities and the operations of the city and the water distdct in connection with the using of said tract, and the said water reservoir shall be exempt from the provisions of section 6 '11 Section 6-202. This designation is subject to the heretofore existing dghts of the Campfire Gids' lease on a portion of the water reservoir site. "Sec. 6-44 6-202. Regulations. "The following regulations shall be applicable to the areas designated in section 6 40 Section 6-201 and in all other areas designated by the city council as wildlife and bird sanctuaries, whether situated within the city limits or owned by the city, whether within the city limits or outside the city limits: H:~i_EC.,-~)lR~llza~eth~ F~e~t~EH On:linanc~s~EHon:ll55 Revised.doc Page 42 of 45 "(1) It is unlawful for any person to hunt, take, kill or possess or attempt to hunt, take or kill any bird or animal within the limits of any wildlife and bird sanctuary designated as such sanctuary by the city council at any time. "(2) It is unlawful for any person to disturb any nest or eggs of any bird on any wildlife and bird sanctuary within the city. "(3) It is unlawful for any person to take any firearms, slingshot, bow and arrow or any device whatever usable for the killing, trapping or taking of any bird or other wildlife on any wildlife or bird sanctuary within the city. "(4) No clearing of grass, brush or trees will be permitted without permission from the city and the water district acting through the reservoir superintendent. "Socs, 6 42 6 60, Rosorvod. Secs. 6-203 to6-225. Reserved. "ARTICLE VI ARTICLE VIII. BEEKEEPING "Sec. 6-6-1 6-226. Findings. "Sec. ~ 6-227. Definition. "Sec. 6-~ 6-228. Certain conduct declared unlawful. "Sec. 6-64 6-229. Hives. "Sec. 6-66 6-230. Fencing of flyways. "Sec, E E~- 6-231, Water, "Sec. ~. E7 6-232. General maintenance. H:~..EC--DIRler[zabe~h~Dept Files'~EH On:linan(:~s'~H~dl55 Revised doc Page 43 of 45 "Sec. 6-68 6-233. Queens. "Sec. ~_ 59 6-234. Colony densities. "Sec. 6-60 6-235. Marldng hives, presumption of beekeeping. "Sec. 6-6-16-236. Inspection. "Sec. 662 6-237. Compliance. "Sec. 6-63 6-238. Conflicts with zoning ordinance. "Secs. 6-239 to 250. 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. H:~_EG-OlR~etizabel~'~Dept F~Ies'~EH Ordinanc~es',EHord 155 Revised.doc Page 44 of 45 Corpus Chdsti, 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 this ATTEST: day of ,2004. CITY OF CORPUS CHRISTI Armando Chapa City Secretary ,'"~ . ' .~ I I Eliza~i~h R. Hundley Assistant City Attomey for the City Attorney Samuel L. Neal, Jr_ Mayor H:~LEG~)lR~l~abeth~3e~ Files~EH Ordinanc~'~Homil55 Revved.dec Page 45 of 45 30 AGENDA MEMORANDUM DATE: November 16, 2004 SUBJECT: Endorsement of Recommended Transportation Improvement Program (TIP) FY 2006 - 2OO8 AGENDAITEM: Resolution endorsing lhe recommended FY 2006 - 2008 Transportation Improvement Program of the Metropolitan Planning Organization. ISSUE: The Corpus Christi Metropolitan Planning Organization (MPO) is preparing the TIP I:or FY 2006 - 2008 [or submittal to the Texas Department of Transportation on December 2, 2004. The City, as a member of/he MPO, needs to endorse the FY 2006 - 2008 TIP before submittal to the Technical Advisory Committee who endorse and submit the final list for formal action by the Transportation Policy Committee of the MPO. FUNDING: No funding required. RECOMMENDATION: Staff recommends approval of the motion as presented. 'AJi~l R: Escobar, P.E., Director of Engineering Services Additional Support Material: Attachment 1: Background Inl:ormation Attachment 2: Existing Tip with Recommended Changes Exhibit "A" List of FY 2004 - 2008 TIP Projects AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Endorsement of Recommended Transportation Improvement Program (TIP) FY 2006 - 2008 BACKGROUND: The Metropolitan Planning Organization (MPO) prepares a Transportation Improvement Program every two years projecting street improvements over a three year funding period. The MPO consists of the following governmental jurisdictions: · The City of Corpus Chdsti, · The Cityof PortJand, · Nueces County, · San Patdcio County, · Regional Transportation Authority, · Port of Corpus Chdsti Authority, and · Texas Department of Transportation The MPO is made up of two committees: · The Technical Advisory Committee - technical staff · The Transportation Policy Committee - elected officials The Technical Advisory Committee of the MPO is scheduled to meet on November 18, 2004 to adopt the proposed FY 2006 - 2008 TIP. The proposed TIP consists of street and ADA improvement projects to be funded by federal highway funds. These funds consist of 80% federal and 20% local share of the street construction cost. The Texas Department of Transportation administers the use of federal funds. Project selection is subject to approval by the Metropolitan Planning Organization. The City of Corpus Chdsti is required to endorse the proposed TIP pdor to action by the Policy Committee. The Ciiy's share of project costs, includes the 20% local share requirement, plus the other project development costs, such as design, preparation of plans and specifications, design and construction of utility relocation/adjustments and right-of-way (ROW) acquisition. City funding sources for the proposed projects have been listed. FUTURE COUNCIL ACTION: Approval of Advance Funding Agreements for each City sponsored project. ATTACHMENT l I Page I of 1 _SEQ# i PROJECT FY 200,4 TIP 1 !ADA Accessibility Proiect iOn Alameda, Weber, & Santa Fe - 2 'ADA Accessibility Ramps ;South Staples St, - Leopard to Six Points __3 i Up River Road - Southern Mineral Road to Hunter Rd TRANSPORTATION IMPROVEMENT PROGRAM Current TIP with Recommended Changes AI-rACHMENT NO. 2 CURRENT STATUS IRECOMMENDED CHANGE Under construction None ~Sch~ let date of July 2005 Scheduled let date of July 2004 ~(County is lead on this project - I currently not on s~hedule) __ ,FY 2005 TIP 4 [ADA Accessibility Project -- South Stap es Street - [ (Six Points to Louisiana Pkw¥) FY 2006 TIP 5 ADA Accessibility (Downtown .~'ea) 6 - Various Locations South Loop Corridor (Preliminary EngineerJncFeasibility Study & Environmental Assessment) JFY 2007 TIP Presently no projects included Reschedule let date to Jan 2006 ,Reschedule to June '05 ~Scheduled let date of July 2006 _ i Reschedule let date to Oct 2006 I Scheduled let date July of 2OO7 No Scheduled let date yet RATIONAL A/E to be selected iAdvance Funding Agreement to be executed TxDOT/County project wit~ ismall City participation AlE to be selected Advance Funding Agreement to be executed Reschedule let date to Oct 2007 None :AJE not selected and No Advance Funding Agreement in place FUND SOURCE BI 2000 BI 2004 BI 2004 BI 2004 BI 2004 SEQ# PROJECT FY 2008 TIP :CURRENT STATUS 7 8 Cimmaron Boulevard SH 357(Saratoga) to Yorktown Blvd (Planning and Desi~_n) I Pod Avenue IH-37 to US 181 i(Planning and Design) Holly Road, Pha~ Crosstown Expressway(SH 286) to ~Greenwood Drive (Planning and Design) 10 County Road 52 IShort Term Design List ;RECOMMENDED CHANGE Drop Project off of TIP Shor~ Term-Design List - !Place on FY 2006 TIP RATIONAL City financed by BI 2004 ~AJE to be selected ~Advance Funding Agreement Ito be executed %§~,ort Term Design List IPlace on FY 2_0_08 TIP and extend , the project limits to Airport Ditch I Recommended project for future 2008 Bond Election -I ;On Unfunded FY "~005 - 2030 Place on FY 2008 TIP MPO Listing ~Recommended project for ~future 2008 Bond Election ,PLANNED UNFUNDED PROJECTS 11 I Park Road 22 Bridge I Not Listed Place ~'~ FY 2006 TIP I ' 12 ]Padre Island Aesthetic Development Not Listed ]Place on FY 2006 TIP ,Voter Approved Project !Voter Approved Project BI 2004 Military Loan Program Future Bond Issue Future Bond Issue BI 2004 BI 2004 RECOMMENDED FY '06 - '08 TRANSPORTATION IMPROVEMENT PROGRAM EXHIBIT A SEQ~ PROJECT SEGMENT WORK ELEMENT FUND F'Y 2004 TIP I 4ADA ~ibility Project On Alameda, Weber, & Santa Fe SOURCE Currenlly under consb'uc~on BI 20~) FY 2005 TIP 2 ~pRiver Road Southem Minerals Road to Hunter Rd Conslnac~on BI 2004 F'Y 2006 TIP 3 ADA Accessibility Ramps 4 South Loop Corddor 5 Port Avenue 6 Park Road 22 Bddge Soulh Staples Street Leopard to Six Points Design/Conslruction BI 2004 Southside/Southwest Preliminary Engineering, BI 2004 Feasibility Study Environmental S~dy IH-37 to US181 Des~n/~ConstrucBon BI 2004 New bridge over water ex,~hange between SH 361 and Whitecap Blvd. _Desig rdCons trucl~on BI 2004 7 Padre Island AesthelJc Developmenl. ~Park Road 22 [rom JFK Causeway to Design/Conslruct~on ~State~hway 361 FY 2007 TIP 8 ~ADA Accessibility Project South SLaples Street - Design/Construcl~on Six Points to Louisiana Pku. FY 2008 Tip 9 ADA Accessibility - Vadous Localions Downtown Area Desig~/ConstmclJon BI 2004 10 Holly Road. Phase'- Il Coun~ Road 52 BI 2OO4 BI 2004 Crosstown Expressway(SH 286) to Airt3ort Ditch U.S 77 to FM 1889 Plannlr~:.:j and Design Future Bond Issue Planning and~Design Future Bond Issue EXHIBIT A Page 1 of 3 RESOLUTION ENDORSING THE RECOMMENDED FY 2006-2008 TRANSPORTATION IMPROVEMENT PROGRAM ("TIP") OF THE CORPUS CHRISTI METROPOMTAN PLANNING ORGANIZATION WHEREAS, the Transportatk)n Improvement program (~TIP") consists of street improvement projects funded by Metropolitan Mobility federal highway funds that consist of eighty percent (80%) federal and twenty percent (20%) local shadng of the street construction costs; WHEREAS, the City of Corpus Chdsti ('City") is responsible for one hundred percent (100%) of utility relocation and adjustment costs and right-of-way acquisition; WHEREAS, the use of federal highway funds is administered by the Texas Department of Transportation ("TxDOT") with project selection subject to adoption by the Corpus Chdsti Metropolitan Planning Organization ("MPO"); WHEREAS, funding for the local matching share of twenty percent (20%) plus the other project development costs, such as design, preparation of plans and specifications, design and construction of utility relocation/adjustments and right-of-way ("ROW") acquisitions, will come from future General Obligation Bond Issues or other available funds; and WHEREAS, the Technical Advisory Committee ol~ the MPO will meet on November 18, 2004, to consider recommending that the street and ADA projects shown in the attached Exhibit "A" ( the TIP) be adopted by the Transpodation Policy Committee of the MPO on December 2, 2004_ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The protects shown In the attached Exhibit "A" are endorsed as the FY 2006-2008 Transportation Improvement Program ('TIP"), subject to availability of funds. Page 2 of 3 ATFEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor ,~v~ to Legal Form November 2004. ~d/~s 12 Doyle Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney CORPUS CHRISTI, TEXAS DAY OF ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenem Henry Garrett Bill Kelly Rex A_ KJnnison Melody Cooper Jesse Noyola Mark Scott Page 3 of 3 RECOMMENDED FY '06 - '08 TRANSPORTATION IMPROVEMENT PROGRAM EXHIBIT A SEQ~' PROJECT SEGMENT WOrK ELEMENT FUND FY 2004 TIP SOURCE I ?DA Accessibility_ Project O~ AJameda, Wob~r. & Santa Fe Curranuy under cons[ru~on._ BI_ 2000 FY 2005 TIP ' -- - 2 ~ River Road Southern Minerals Road Io Hun[er Rd ConstruclJon BI 2004 FY 2006 TiP ADA Acces~bility Ramps 3 4 Soui~ Loop Corridor South Staples Street Leopard to Six Points Snel~side/Southw~sI De~gn/Construcflon BI 2004 Pmliminar7 Engineering, BI 2004 Feas~bilib~ Study Envimnmantal Study 5 Port Avenue ~1H737 ta US !81~ ~ BI 2004 6 Park Road 22 Bddge ,New bnd~e over wate~' exchar~e Desicjn~Cons[rucUon BI 2004  behveen SH 361 and Whitecap Blvd. 7 Padre Island Aes~e§c Developmenl ~rk Road 22 Eom JFK CauseWaylo Desi~n/ConstrucUon BI 2004 State Highway 361 FY 20~)7 TIP ~ iADA Accessib~ pro~ ~_outh Staples Sbeel- Design/C~nstoJcl~on BI 2004 I Six Points to Louisiana Pkwy. FY 2098 TIP 9 ADA Ac.c~ss~bility - various Local~ons Downtow~a ~s~jn/Cons~ BI 2004 10~olly Road. Phase Iii Cmsstow~ Expmssway(~H 286~to Pl~nnin~and Desicjn Future Airport Dit(~h Bond Issue 11 County Road 52 U.S. 77 to FM 18~9 Pl~ening and Desk:jn Futore Bond Issue 31 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 16, 2004 AGENDAITEM: Resolution authorizing the City Manager or his designee to submit a request to the U.S. Department o1: Housing and Urban Development to expand the Renewal Community to include Census Tracts 5, 7, 13, 35 and 50 in order to foster investment and economic development within the census tracts. B. Resolution adopting the Corpus Chdsti Commercial Revitalization Local Strategic Plan. C. Resolution nominating projects to the Office o[ the Governor for Renewal Community Commercial Revitalization Deductions_ D. Resolution amending the Guidelines and Criteda for granting tax abatement regarding Renewal Community Facilities. Resolution authorizing the City Manager or his designee to execute a tax abatement agreement with Lofty Developments, Ltd. providing for temporary tax abatement. ISSUE: America's Job Creation Act of 2004, which was passed October 2004, allows for the expansion of federally designated Renewal Communities. According the Act, communities can request to expand their Renewal Community boundaries to include 2000 census tracts that would have met the cdteda for designation using the 1990 census data and whose poverty rate using the 2000 census data is higher than the 1990 census data poverty rate; and to include 2000 census tracts that did not meet the cdteda for designation using the 1990 census data, but meet the cdteda using the 2000 census data. This act allows the City to expand the Renewal Community to include 5 additional census tracts, including census tracts 5, 7,13, 35 and 50, bnnging the total population of the Renewal Community from approximately 9,000 to 23,220. The additional population will increase the ability for businesses in the Renewal Community to take advantage of the federal tax incentives requiring 35 percent of their employees to reside in the Renewal Community_ Tax incentives with the 35 percent requirement include the Increased Section 179 Deduction and C:~nydec-umen L~2o~mcilAgendaFm~m2004 d~ Zero Percent Capital Gains Rate. The Act requires a request from the local govemment to the Secretary of U.S. Department of Housing and Urban Development to expand the Renewal Community Boundaries. According to the Community Renewal Act of 2000, local governments and states who have a federally designated Renewal Community in their jurisdiction are required to adopt a plan for allocating the Commercial Revitalization Deductions. In 2003, the City o [ Corpus Chdsti adopted a plan for allocating Lhe Commercial Revitalization Deductions. Since the expansion of the Renewal Community creates more competition for the Commercial Revitalization Deduction, a new plan has been developed. The proposed new Commercial Revitalization Local Strategic Plan provides for two dates to consider applications rather than an open application process based on a first come first served. The proposed plan states that in Round 1, $4 million of Commercial Revitalization Deductions will be set aside for small projects (total expenditures less than $1 million) and $8 million will be set aside for large projects (total expenditures $1 million or more). Unallocated Commercial Revitalization Deductions after Round 1 will be pooled and awarded to any sized project in Round 2. Other changes include improved reporting and application guidelines. According to the Community Renewal Act of 2000, the local government must nominate and the state certifies projects to receive Commercial Revitalization Deductions. The local government is charged with nominating up to $12 million of allocations each year until 2009. The following projects have applied and qualify for Commercial Revitalization Deduction allocations: Catamaran Properties, Ltd. is currently renovating the 28,575 square foot "Smith Building, "which was constructed in 1930 and located at the corner o[ Mesquite Street and Schatzel Street. Catamaran will substantially rehabilitate the building into a mixed-use facility, which includes 16 residential units and additional commercial rental units. The company projects they will directly creating 1 new full-time position and the tenants will create and retain 16 positions. The property was appraised at $181,545 in 2004. The company has purchased the building and has secured funding for renovation costs. Requested $585,000 of CRD. Total Expenditures $700,000 Lofty Developments, Ltd. is planning renovation of the 24,384 square foot building located at 817 Carancahua and improving 9,750 square feet for parking at Carancahua Street and Buffalo Street. Lofty Developments is proposing to renovate the 1954 building into a mixed-use facility for 18 new residential units and six commercial offices. The company will add 2 new full-time positions and 1 part time position and estimates tenants employing approximately 20 workers. The properties were valued at $190,660 and $143,531 for the 817 Carancuhua property and parking area at Carancahua and Buffalo, respectively. Request for $1,350,000 of CRD. Total Expenditures $1,425,000. 3. Coastal King Ltd. completed their new 24-hour restaurant location at 309 IH 37 this year The property was previously a vacant lot The company has hired 24 workers at this location. Request for $530,000 Commercial Revitalization Deductions. Total Expenditures $530,000. Magill Family Joint Venture is in the process of renovating the Patterson Building, which is located at 613 Mesquite, to headquarter Identity Theft Solution EEC. and Tracker One which will create seven new jobs in the community. The building was constructed in the 1930s and has approximately 12,285 square feet. Nueces County Appraisal Distdct assessed the property at $97,281 in 2004. Request for $220,000 of Commercial Revitalization Deductions_ Total Expenditures $340,000. In Apdl 2004, the City Council designated the Renewal Community as a reinvestment zone and adopted the guidelines for granting tax abatement. With the expansion of the Renewal Community, amendments to the tax abatement policy are needed. In addition, the policy requires clarification of eligible projects in the Renewal Community. The proposed amendment includes additional census tracts designated by HUD as part of the City's Renewal Community and clarifies.eligible projects in the Renewal Community. Council action is needed to amend the policy. Lofty Developments, Ltd. has requested temporary tax abatement for properties located at 817 Carancahua and at Carancahua Street and Buffalo Street. Upon completion, the Company proposes to add 2 full-time jobs and 1 part-time job and increase the value from $334,191 to $722,631. REQUIRED COUNCIL ACTION: Passage of resolutions as presented PREVIOUS COUNCIL ACTION: August 2001 - Resolution authonzing the submission o[ the application for Renewal Community Designation. January 2002 - Resolution authorizing the acceptance of the Renewal Communily Designation, Dec, ember 2002 - Resolution adopting the Tax Incentive Utilization Plan. May 2003 - Resolution adopting the Corpus Chdsli Commercial Revitalization Plan. April 2004 - Resolution designating the Renewal Community as a Reinveslment Zone and Adopting Guidelines and Criteria for granting tax abatement. CONCLUSION AND RECOMMENDATION: Staff recommends passage of resolutions as presented. Oscar Martinez Assistant City Manager Attachments: Map .! uO RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A REQUEST TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) TO EXPAND THE RENEWAL COMMUNITY TO INCLUDE CENSUS TRACTS 5, 7, 13, 35, AND 50 IN ORDER TO FOSTER INVESTMENT AND ECONOMIC DEVELOPMENT WITHIN THE CENSUS TRACTS WHEREAS, the 2000 Community Renewal Tax Relief Act authorized the U. S. Department of Housing and Urban Development ("HUD") to designate 40 Renewal Communities and seven new urban Empowerment Zones; WHEREAS, on August 28, 2001 in Resolution 024562, the City Council of the City of Corpus Chdsti, Texas authorized the City Manager or his designee to submit an application to the U,S. Department of Housing and Urban Development for the designation of Census Tracts 1, 3, 4, 10 and 11 as a Renewal Community in order to foster investment and economic development within the Census Tracts; WHEREAS, on January 23, 2002, HUD announced that City of Corpus Chdsti Census Tracts 1, 3, 4, 10 and 11 will be designated a "Renewal Community," eligible to share in an estimated $17 billion in tax incentives to stimulate job growth, promote economic development and create affordable housing; WHEREAS, on January 29, 2002, in Resolution 024753 the City of Corpus Christi authorized the City Manager to sign the necessary documentation to accept U.S. Department of Housing and Urban Development's Renewal Community designation in Census Tracts 1,3, 4, 10, and 11; WHEREAS, on December 10, 2002, in Resolution 025149, the City Council of the City of Corpus Christi adopted the Corpus Christi Renewal Community Tax Incentive Utilization Plan, which includes the Course of Action submitted in the Renewal Community Application and Economic Growth Promotion Requirements (24 CFR 599.107(b)); WHEREAS, Section 1400E of Title 26 United States Code relating to designation of renewal communities was recently amended to add new subsection (g) to provide for the expansion of the designated Renewal Community area based on 2000 census if, at the time such community was nominated, the census tract would have met the requirements of 26 U.S.C. Section 1400 E using 1990 census data even if the new tract was included and such tract has a poverty rate using 2000 census data which exceeds the poverty rate for such tract using 1990 census data, or the census tract did not meet the requirement of 26 U.S.C Section 1400 E using the 1990 census data, but such census tract meets the requirements using the 2000 census data; WHEREAS, when the City I:irst nominated Census Tracts 1, 3, 4, 10 and 11 as a Renewal Community, such community would have met the requirements of 26 U.S.C. 1400E using 1990 census data even if Census Tract 5 had been included in such Res/Nov 16 2004 Renewal Co,~munrty app community; and Census Tract 5 has a poverty rate using 2000 census data of 43.76% which exceeds the poverty rate for such tract using 1990 census data of 43.13%; and therefore, Census Tract 5 qualifies for Renewal Community designation under 26 USC. Section 1400E subsection (g)(1)(A); WHEREAS, when the City first nominated Census Tracts 1, 3, 4, 10 and 11 as a Renewal Community, such community would have met the requirements of 26 U.S.C. 1400E using 1990 census data even if Census Tract 7 had bccn included in such community; and Census Tract 7 has a poverty rate using 2000 census data of 30.03% which exceeds the poverty rate for such tract using 1990 census data of 23.83%; and therefore, Census Tract 7 qualifies for Renewal Community designation under 26 U.S.C. Section 1400E subsection (g)(1)(A); WHEREAS, when the City first nominated Census Tracts 1, 3, 4, 10 and 11 as a Renewal Community, such community would have met the requirements of 26 US.C. 1400E using 1990 census data even if Census Tract 13 had been included in such community; Census Tract 13 has a poverty rate using 2000 census data of 39.50% which exceeds the poverty rate for such tract using 1990 census data of 38.08%; and therefore, Census Tract 13 qualifies for Renewal Community designation under subsection (g)(1)(A); VVHEREAS, the total population of Census Tracts 1, 3, 4, 10 and 11 and Census Tracts 5, 7, 13, 35 and 50 was less than 200,000 using either the 1990 census data or 2000 census data; WHEREAS, when the City first nominated Census Tracts 1, 3, 4, 10 and 11 as a Renewal Community, Census Tract 35 had a poverty rate of 18.75 % using 1990 census data and would not have met the requirements of 26 USC. Section 1400 E, but using the 2000 census data has a poverty rate of 20.6% and meets the requirement; and therefore, Census Tract 35 qualifies for Renewal Community designation under 26 USC. Section 1400E subsection (g)(1)(B); WHEREAS, when the City first nominated Census Tracts 1, 3, 4, 10 and 11 as a Renewal Community, such community would have met the requirements of 26 U.S.C. 1400E using 1990 census data even if Census Tract 50 had been included in such community; Census Tract 50 has a poverty rate using 2000 census data of 37.24% which exceeds the poverty rate for such tract using 1990 census data of 29.24%; and therefore, Census Tract 50 qualifies for Renewal Community designation under 26 USC. Section 1400E subsection (g)(1)(A); and WHEREAS, public notice was duly given regarding consideration by City Council of this Resolution to request expansion of the Renewal Community to include Census Tracts 5, 7, 13, 35, and 50 and the public was given an opportunity to comment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Res/Nov 16 2004 Renewal Cornmun~ty app SECTION '1. The City Manager, or the City Manager's designee, is authorized to submit a request to the U.S. Department of Housing and Urban Development (HUD) to expand the Renewal Community area to include Census Tracts 5, 7, 13, 35, and 50 and amend the Tax Incentive Utilization Plan to include the new expanded area. Al-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: November 8, 2004. By: Lisa Aguilar/~~ Assistant City Attorney for City Attomey Samuel L. Neal, Jr. Mayor Res/Nov 16 20~4 Renewal Community app Corpus Christi, Texas __ day of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Betty Jean Longoda Jesse Noyola Mark Scott Res/Nov 16 2004 Renewal Co~m~un~ty app RESOLUTION ADOPTING THE CORPUS CHRISTI COMMERCIAL REVITALIZATION LOCAL STRATEGIC PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council, as the goveming body of the City of Corpus Christi, adopts the City of Corpus Christi Commercial Revitalization Local Strategic Plan for the City's Renewal Community Commercial Revitalization Deduction Allocation Program. The plan is attached to this resolution as Attachment 1. This plan replaces the plan adopted on May 13, 2003 by Resolution 025343 SECTION 2. The City Manager is directed to forward a copy of this resolution and the City of Corpus Chdsti Commercial Revitalization Local Strategic Plan to the Executive Director, Texas Department of Economic Development. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: November 1;J, 2004 Lisa Aguilar Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor Nov 16 2004 Renewal Community Local S[rategic Plan doc Corpus Christi, Texas __ day of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Betty Jean Longoria Jesse Noyola Mark Sco~t Nov 16 2004 Renewal Communit~ Local Strategic Plan doc City of Corpus Christi City of Corpus Christi 2004-2009 Renewal CommunJty Commercial Revitalization Local Strategic Plan 1) The Coordina~dng Responsible Authority (CORA) for the Corpus Christi Renewal Community will submit contact Infonflaion to the Office of the Governor 2) The proceas for receiving applications is as follows: a) Public notice inviting applications for cornme~dal revitalization allocal~ns wtl~ be pubiishecl in (he Corpus Chdsti Caller-'limes at a minimum of once a year Indicating deadline~ for submttling a~)llcaUons for o0eslderation for Round 1 and Round 2. The Put,lc notice will provide applican~ a minimum o~ 30 days notice of the deadlines to submit appticat:ions. b) Annual Allocation of $12 million of Commercial Revitalization Deduc~3ns to projecl~: i) Round 1 (1) Small Projects - $4 million of the annual Commercial Revitalization Deduction allocations will be set aside for projects whose total expenditures for renovaiton or new construction are less than $1 milhon. (2) Large Projects - $8 million of the annual Commercial Revitalization OeducUon allocation will be set aside for i~ects whose total expenditures for renovation or new constnJction are $1 million or more. ii) Round 2 (1) Commercial Revitalb~31Jon Deduc~ons unallocated dudng mued one will be pooled and allocated to either .small or large projects c) Application information will be available by ce~ltacfing the CoRA and via b'3e City of Corp~Js Chdsti's web site. d) Applications witl be reviewed for c~ml~eflon and c~nsldered onJy if: i) The txJildirtg and its structural components will be placed in service by the taxpayer in the Renewal Community and the odginal use o{ the building will begin ~ the taxpayer o_.[ the building w~ll be substantially rehabilitated by the taxpayer and is placed in service by the taxpayer after the rehabilitation in the Renewal Community. ii) The expenditures of ~ project mee~ the statutory requirement for the allowable Commercial Revitalization expenditures. iii) Request of allocation is less than $10 million. iv) The aPl~icant is in good standing with the Texas Comptroller of Public Aco3unts and the Texas WorlEorce Commission has o3nfin'ned that the applicant is cun'e~t on unemployment insurance tax_ Mo~ifl~ltl/lt/B4 P~,et e) The CoRA wilt review Ihe c~rnpie~ed appii~.~ons meeling the requirements in Sec~o~ D of I~is plan and ma~e m(~rnmendaflons through the ~ Manager, as the CEO of the governing body, to the City Coundl based on the following cfiteda: i) The project will add vatue t~ the exL~ng tax base. ii) The projec~ proposes to directly or IndirectJy create or ret.31n permanent fuJl-I~me Jobs In the Renewal Community. iii) The project adds residential and c~[nmercial squa'e fooLage in Ihe Renewal Community. Iv) The aPl~icant has compietecl the project or has linandng in place to c~mpte~e the project. v) The project c~ntdbutes fl3 the City's Ama Devetopmeet Pla~s. vi) The Applicant d~nom, bal. es active Involvement of resident~ and nonpm~t groups within I~e mflewal o~'nm unity. vii) The project Is located In a Texas Enteq~d~e Zone, Reinve~t~.ent Zone, Weed and Seed Area, CDBG eligible ama, or HUB Zone. viii) Project is eliminating s~ or blight in a particular area within the Renewal Community. ix) Project is appropriately zoned. x) Project wilt be completed by the end of the second catendar year in whic~ the a~loca~on is made. xJ) Applicant has suffide~t income to take advantage of accelerated dep~ci~on. xii) Project is a public/private partnemhlp ~ City of Corpus ChdstJ and private business. xiii) Applicant cemmits lo providing lnfon~ation on actua~ jobs created a-,d re{ained as a result of City Council will review the recommendations made by CoRA through the City Manager and will consider ~vall of the al~calions based o~ the criteria set above at a city council mee~ng. g) Wilhin 10 won~ing days [~owlng the approval of ap~ns by the City Coundi, the CoRA will submit to the Office of the Governor t~e ~ollowing doo.~ne~tatJon: i) A cen'fficat~n signed by the City Manager as the CEO of the govemlng body that the governing body has foaowed the procedure as indicated in this plan and to the be~t of his or her kno~edge, ead] al~ication al;~roved by City Coundt is complete and mee~s the requirements of the commercial revita~i~.~tion deduction pa3gram. Ii) Copy of each application nominated by ~ City Coundl to receive the (;RD allocations, public notice for the applica~on process, governing body's mo'don nomirt~Jng the project, reasonable explanation for each pmjec~ being selected or denied and ide~tifles the cfiteda set fo~h above in the exl~anatlon. h) The RC CoRA will submit A~tachmen~ A - Annual Re~ert to the TDED for each ac~ve project in their jurisdic~on mc~ving CRD ailoca'dons. The annual ml~orts will be due December 31 of each calenda~ year beginning in 2005 and ending in 2011 or unal allocated projects am c~mpleted and eligible to claim the Cornmerdal R~ Deduction. RESOLUTION NOMINATING PROJECTS TO 'I'HE OFFICE OF THE GOVERNOR FOR RENEWAL COMMUNITY COMMERCIAL REVITALIZATION DEDUCTIONS WHEREAS, the Department o[ Housing and Urban Development designated the City of Corpus Chdsti's Census Tracts 1, 3, 4, 10, and 11 as a "Renewal Community" eligible to share in tax incenlives to stimulate job growth and promote economic development; WHERAS, the City of ~s Chdsti has requested to expand the Renewal Community to include Census Tracts 5, 7, 13, 35 and 50 in order to foster investment and economic development within the census tracts; WHEREAS, the Renewal Community designation provides federal tax incentives to businesses located in the Renewal Community; WHEREAS, each Renew'at Community can allocate $12 million of Commercial Revitalization Deductions per year and up to $10 million per project for substantially rehabilitated or newly construction buildings in the Renewal Community: WHEREAS, a business can deduct 50 percent of the building in the first year lhe building is placed in service or deduct the full amount ol: eligible expenditures pro rata over 10 years; WHEREAS, each Renewal Communily may make the following types of allocations of the commercial Revitalization expenditure amounts an allocation in the calendar year in which a qualified revitalization building is placed in service; a binding commitment to make an allocation of a spedfied dollar amount to a qualified revitalization building in the calendar year in which the building is placed in service; and a carryover allocation; WHEREAS, each Renewal Community must submit to the Office of the Governor a plan for awarding its $12 million in Commercial Revitalization Deductions ("Allocation Plan"); WHEREAS, On November 16, 2004, lhe Cily Council adopted its Allocation Plan, titled "City of Corpus Chdsti Commercial Revitalization Local Strategic Plan fo¢ the Cily's Renewal Community Commercial Revitalization Deduction Allocation Program" ("Local Strategic Plan") to submit to the Office of the Governor; and WHEREAS, pursuant to its Local Strategic Plan, the Cily published notice of/he Commercial Revitalization Deduction applicaUon process, received applications, and reviewed applications for compliance with the Local Strategic Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, Nov16re~elufle~ revit~ 2 SECTION 1. The fdic)wing projects are approved by the C~ty of Corpus Chdsfi and nominated fo¢ approval by the Office of the Governor to certify the following allocalJons of Commercial RevitalizaUon Deductions totaling $2,685,000: a. Catamaran Properties, Ltd. to receive allocation of $.585,000 from 2004 Commercial Revitalizations Deductions for a building located at Beach Addil~on Lots 7 and 8 Block 12 (424 Mesquite) b. Lofty Developments, Ltd. to receive an allocation of $1,350,000 from the 2004 Commercial RevitalizalJon Deductions for property located at Bluff Lot 6A Block 10 and Bluff Lots 7 & 8 Block 5, (817 Carancahua Street and property located at Carancahua and Buffalo) c. Coastal King, Ltd. to receive an allocation of $530,000 from the 2004 Commercial Revitalization Deductions for property located at Beach Addition Lot 7A and Lots 7- 10 Block 28 (309 IH 37). d. Magill Family Joint Venture to receive an allocation of $220,000 for property located at Beach Lots 4 and 5 Block 19 (613 Mesquite) SECTION 2. The City Manager or his designee is authorized to execute a certifical~on to the Office of the Governor that the City of Corpus Chdsti has foilowed the procedure in its Allocation Plan, and to the best of his or her knowledge, each application al:~oroved in this Resolution is complete and meets the requirements of the commercial revitalization deduction program. AFl'EST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: November 12, 2004 Lisa Aguilar Assistant Qty Attorney for City AItomey Samuel L. Neal, Jr. Mayor RESOLUTION AMENDING THE GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT REGARDING RENEWAL COMMUNITY FACILITIES WHEREAS, in April 2004, the City Council designated the Renewal Community as a Reinvestment Zone and adopted Guidelines and Criteria [or granting tax abatement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Section l.v of the Guidelines and Criteria for Granting Tax Abatement is amended to read as follows: "SECTION 1. DEFINITIONS "v. 'Renewal Community Facility' means a building or structure in the Corpus Christi Renewal Community which includes Census Tracts 1, 3, 4, 10 and 11 and other census tracts designated by U.S. Department of Housing and Urban Development to be used for the creation of a new business or business expansion, but not a relocation of a business." SECTION 2. That Section 2(c) of the Guidelines and Criteria for Granting Tax Abatement is amended to read as follows: "SECTION 2. ABATEMENT AUTHORIZED "Eligible Property. Abatement may be extended to the value of the improvements to real property, including buildings, structures, fixed machinery and equipment, and site improvements, plus that office space and related fixed improvements necessary to the operation and administration of the Facility, and Renewal Community facilities." A'I-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: November 8, 2004 By: Lisa Aguilar~ Assistant City Attorney for City Attorney Samuel L Neal, Jr. Mayor Nov 16 2004 Renewal Community arnd doc Corpus Christi, Texas __ day of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Betty Jean Longoda Jesse Noyola Mark Scott Nov 16 2004 Renewal Commun~.y amd.doc RESOLUTION AUTHORIZING THE cl'rY MANAGER, OR HIS DESIGNEE TO EXECUTE AN AGREEMENT WITH LOFTY DEVELOPMENTS, LTD. PROVIDING FOR TEMPORARY PROPERTY TAX ABATEMENT WHEREAS, the Texas Property Redevelopment and Tax Abatement Act (the "Act"), Texas Tax Code, Chapter 312, as amended, authorizes the City of Corpus Christi, Texas (the "City") to enter into Tax Abatement Agreements for projects meeting the guidelines and criteria for granting tax abatement, as amended, duly adopted by the City; and VVHEREAS, an application for temporary tax abatement has been tiled with the City by Lofty Developments, Ltd. for the rehabilitation of a facility in the City; and WHEREAS, the enterprise zone created in the City includes the property to be covered by the proposed tax abatement agreement and is eligible for such treatment in accordance with the provisions of the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City finds and determines that the terms of the proposed agreement and the property subject to the proposed agreement meet the applicable guidelines and criteria, as amended, adopted by the City, and the City further determines that the proposed project is feasible and the proposed temporary abatement of taxes will inure to the long term benefit of the City. SECTION 2. The execution of the Tax Abatement Agreement attached in substantial form as Exhibit A is authorized and approved. Duly adopted at a regular meeting of the City Council on the __ day of November, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED AS TO FORM: November 9, 2004. Lisa AguilarLJ Assistant City Attorney for City Attorney Nov 16 2004 Lolty Developments doc Corpus Christi, Texas day of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Betty Jean Longoda Jesse Noyola Mark Scott Nov 16 2004 Lofty Developments doc TAX ABATEMENT AGREEMENT THE STATE OF TEXAS COUNTY OFNUECES This Tax Abatement Agreement (hereinafter refen'ed to as the 'Agreement") is made and entered into by and beb~,een the CITY OF CORPUS CHRISTI, TEXAS (the "Governmental Unit") and Lofty Developments, Ltd a Texas Limited Partnership (the "Owner"), the owner of taxable property in the City of Corpus Chdsti, Texas, identified on the attached Exhibit B, (the "Property') I. AUTHORIZATION This Agreement is authorized by the Texas Property Redevelopment and Tax Abatement Act, Texas Tax Code, Chapter 312, as amended (the "Act"), and is subject to the laws of the State of Texas and the charter, ordinances, and orders of the Govern _mental Unit. II. DEFINITIONS As used in this Agreement, the following terms shall have the meanings set forth below: A. "Abatement means the temporary, full or padial exemption from ad valorem taxes of certain Added Value to real and personal property in a zone designated for economic development purposes pursuant to the Act B. "Added Value" means the increase in the assessed value of an eligible property as a result of "expansion" or "modernization" of an existing facility or construction of a facility." it does not mean or include "deferred maintenance." "Aqreement" means this Tax Abatement Agreement D. "Base Year Value" means the assessed value of the Improvements on the Property as ce~!.ified by the Nueces County Appraisal District as of the January 1 preceding the execution of this Agreement plus the agreed upon value of Improvements made after January 1 but before the execution of this Agreement. E. "Deferred Maintenance" means improvements necessary for continued opera[ions which do not improve productivity or alter the process technology. F. "Economic Life" means the number of years a property improvement is expected to be in service in a Facility. G, "Eliclible Jurisdiction" means the City of Corpus Chdsti or Nueces County and any municipality, the majority of which is located in Nueces County that levies ad valorem taxes upon and provides services to property located within the proposed or existing zone designated pursuant to the Act, H "Enterprise Zone Residential Redevelopment Facility' means buildings and structures used or to be used pdmadly for residential purposes and which are located within an enterprise zone. II. Expansion" means the addition o¢ buildings, structures, ~xed machinery or equipment [or the purposes of increasing capacity. 2 J. "Facility" means property improvements completed or in the process of construction which together compromise an integral whole. IK Mixed use I'acility" means a facility having residential and commercial uses where the commercial use occupies more than 20% of the structure_ L. "Muiti-familv housinq" means a facility designed, arranged, or used exclusively for the use and occupancy of three or more families living independently of each other. The dwelling structure may Include a triplex, aparknent, townhouse, condominium, cooperative, high-rise, etc. M. "Modernization" means the replacement and upgrading of existing facilities which increase the productive Input or output, updates the technology or substantially lowers the unit cost of the operation, and extends the economic life of the facilities. Modernization may result from the construction, alteration or installation of buildings, structures, fixed machinery or equipment it shall not be for the purpose of reconditioning, refurbishing, rapaidng or completion of deferred maintenance. N. "New Facility" means a property previously undeveloped which is placed Into service by means other than or in conjunction with an expansion or modernization. O. "Owner means the owner of a Facility subJect to abatement. If the Facility is constructed on a leased property, the owner shall be the pady which owns the property subject to tax abatement. The other party to the lease shall join in the execution of Agreement but shall not be obligated to assure performance of the party receiving abatement. P. "Permanent full-time iob" means a new employment position created by a business that provides a regular work schedule of at least 35 hours per week or 1820 hours of employment per year to a Nueces County resident and maintains the employment position dudng the term of the abatement agreement. Q. "Renewal Community Facility" means a building or structure in the Corpus Chdsti Renewal Community which includes Census Tracts 1,3,4, 10 and 11 to be used for the creation of a new business or business expansion, but not a relocation of a business. A project may be considered on a case by case basis for abatement if it is a Renewal Community Facility and if the building or structure will be defined as a rehabilitation project or is defined as new facility. Projects that may be considered as Renewal Community Facilities include: multi-family housing facilities, mixed-use facilities, retial facilities, hotel accommodations. R. "Rehabilitation" means that the Added Value, as defined, of/he project exceeds the base year of a development property by $250,000. S. "Texas Enterprise Zone" means any census block group with greater than 20% poverty, federally designated Renews Community, or area designated as a Texas Enterprise Zone prior to 2003 T. "Improvements" means the buildings or portions thereof and other improvements, used [or commercial purposes on the Property. U. "Construction Phase" means the peded dudng which a material and substantial improvement of the Property occurs which represents a separate and distinct construction operation undertaken for 3 the purpose of erecting [he Improvements. The Construction Phase ends upon the earliest to occur of the following events: when a certificate of occupancy is issued for the project (if within City limits); or (2) when commercial production of a product or provision ota service is achieved at the facility, or (3) when the architect or engineer supervising construction issues a certificate of substantial completion, or some similar instrument, or (4) two (2) years after the date of this Agreement. The determination of the end of the Construction Phase shall be made by the Govemmental Unit, in its sole and absolute discretion, I~ased upon the above criteda and such other factors as the Governmental Unit may deem relevant. The dete['mination of the end of the Construction Phase by the Governmental Unit shall be conclusive, and any judicial review of such determination shall be govemed by the substantial evidence rule. V. "Eligible Property" means the buildings, structures, site Improvements, and that office space and certain personal property necessary to the operation and administration of the Facility and Renewal Community facilities to be constructed pursuant to this Agreement. A list of the Eligible Property is set fodh in the Project Description which is attached hereto as Exhibit "A" and made a par/ hereof. W. "Ineligible Property" means land; inventories; supplies; tools; furnishings and other forms or movable personal property; vehicles; vessels; aircraft; housing; hotel accommodations; de[erred maintenance investments; improvements for the generation or transmission of electrical energy not wholly consumed by a New Facility or expansion; any improvements, including those to produce, store or distribute natural gas, fluids or gases, which are not integral to the operation of the Facility; improvements to real property which have an economic life ot less than 15 years; ~operty owr~ed or used by the State of Texas or its political subdivisions or by any organization owned, operated or directed by a political subdivision of the State of Texas; unless any of the above types of property are specifically authorized by the Governmental Unit X. "The Guidelines and Cdteda for Granting Tax Abatement" means the document that was adopted by City Council in April 2004 by Resolution 025740, as amended. The Guidelines and Cdteda for Granting Tax Abatement are incorporated as a pad of this Agreement. Except as the same may be modified herein, all definitions set forth therein are applicable to this Agreement. III. PROPERTY The Properly is an area within the City or Corpus Chnsti, Texas, located in whole or in part within the jurisdiction of the Governmental Unit as is more fully described in Exhibit "B" attached hereto and made a part hereof. Said Property is located within a zone for tax abatement established pursuant to Chapter 312 of the Texas Tax Code, as amended, by the City of Corpus Chdsti, Texas. The Nueces County Appraisal Distdct has established the following values for the Property as of the January 1 valuation date prior to the date of execution of this Agreement Account No. 0797-0005~070 Land ~ 135,000 Improvements ~ 8,531 Account No. 0797-0010-0050 Land Improvements $111,660 $80,000 Addition of the above amount to the valuation of the Improvements as of the January 1 valuation date prior to the date of execution of this Agreement results in a Base Year Value as follows: Base Year Value: $ 335,191 IV. TERM OF ABATEMENT AND AGREEMENT The Govemmental Unit agrees to abate the ad valorem taxes on the Eligible Property in accordance with this paragraph and paragraphs V and VI hereof. The Abatement shall be effective with the January I valuation date immediately following the date of execution of this Agreement. The Abatement shall continue for up to two (2) years dudng the period of the Construction Phase and for the next three (3) full tax years thereafter, expidng as of December 31 of such Iqfth tax year. If the period of the Construction Phase exceeds two (2) years, the Facility shall be considered completed for purposes of Abatement, and in no case shall the period of Abatement inclusive of construction and completion exceed five (5) tax years. The years of Abatement prowded herein shall in each instance coincide w~th the tax year commencing on January I and expidng on December 31, and in no event shall the Abatement extend beyond December 31 of the fifth tax year. The term of this Agreement shall continue for a pedod of I:ive (5) years following expiration of the abatement peded. All terms and conditions imposed upon the Owner shall continue in effect dudng such peded, and the Owner shall be obligated specifically to continue the minimum employment levels specified herein Any default shall be subject to the provisions of Article VIII hereof. V. TAXABILITY Dudng the pedod that the Abatement is effective, taxes shall be payable as follows: (1) The value of the land comprising the Property shall be fully taxable; (2) The Base Year Value of existing Improvements comprising the Property shall be fully taxable; (3) The value of Ineligible Property shall be fully taxable; and (4) The Added Value of Eligible Property shall be abated as set forth in Part VI herein. VI. AMOUNT OF ABATEMENT The Abatement provided by this Agreement shall be based upon the Added Value of Eligible Property as a result of the project. For a Non-Renewal Community Facility which provides not less than 50 (but not more than 99) new permanent jobs, the percentage of tax abated shall be in accordance wi~h the following schedule: Year Percenta(~e of Abatement Construction Pedod 100% (not to exceed 2 years) Year I 50% Year 2 50% Year 3 50% Year 4 50% Year 5 50% Provided that, for a Non-Renewal Community Facility which provides not less than 100 (but not more than 199) new permanent jobs, the percentage of tax abatement shall be in accordance with the following schedule: Percentage of Abatement (for first $10 million) Construction Period 100% (not to exceed 2 years) Year I 75% 50% Year 2 75% 50% Year 3 75% 50% Year 4 75% 50% Year 5 75% 50% Percentage of Abatement (over $10 million) 100% Provided that, for a Non-Renewal Community Facility which provides at least 200 new permanent jobs, the percentage of tax abatement shall be in accordance with the following schedule: Percentage of Abatement (for first $10 million) Construction Period 100% (not to exceed 2 years) Year i 100% 50% Year2 100% 50% Year3 100% 50% Year4 100% 50% Year 5 100% 50% Percentage of Abatement (over $10 million) 100% In the event that upon completion of the Construction Phase the Added Value of permanent Improvements, as determined by said Appraisal District, shall at any time thereafter dunng the period of Abatement be less than eight-five percent (85%) of the Estimated Added Value, not due to circumstances beyond the control of OwT~er, the Owner agrees to pay, as additional taxes hereunder, an amount equal to the ttmn current tax rate of the Governmental Unit applied to the difference between the Added Value from eighty-five percent (85%) of the Estimated Added Value, multiplied by 100% minus the net percentage of Abatement provided under this Agreement For the purposes of this provision, the term "circumstances beyond the conb'ol of Owner' shall include casualty losses, national economic factors, shutdowns due to governmental regulations, strikes, acts ol~ war; and the like. The formula for calculating such additional tax is outlined as follows: (Tax Rate] x [(85% of Est. Added Value - Actual AV) x (100% - Abatement%)] = Additional Tax For Renewal Community Facilities involving rehabilitation, the Abatement provided by this Agreement shall be based upon the Added Value of Eligible Property as a result of the project. For a Renewal Community Facility which provides not less than one (1) new permanent full-time job per $50,000 of Added Value to a property following the completion of construction, and maintains the same level of employment for the term of this Tax Abatement Agreement, the percentage of tax abated shall he in accordance with the following schedule: YEAR Percentaqe of Abatement of Added Value of Renewal Community Fadlity involvinq Rehabilitation Construction Period (not to exceed 2 years) 100% Year 1 100% Year 2 100% Year 3 100% For Renewal Community Facility which is a residential Multi-Family Housing, the job requirement shall be waived. For Renewal Community Facility which is a Mixed Use Facilities, the job requirement shall be prorated. For example, if Owner is constructing a Mixed-use Facility that is 30% non-residential and the Added Value is $1,500,000, the job requirement shall be to create and maintain a minimum of 9 permanent full-time jobs dudng the term of the abatement agreement. ($1,500,000 x .30 = $450,000, $450,000/$50,000=9). In order to be counted as a permanent job under this Agreement, the job must be a full-time position providing regular work schedules at least 35 hours per week. For compliance purposes, the determination date shall be January 1 of each year commencing with the January 1 following the date of completion of construction. The percentage of abatement provided each year under this Agreement shall be based upon the employment information as of January 1 of such year. As a result, the actual amount of abatement may vary from year to year based upon employment levels and property valuations. Ii' this project is designated as a "rehabilitation project" under the Guidelines and Criteda which involves the adaptive reuse of an existing structure or building for a Facility, the project must involve a minimum capital expenditure of $250,000. The rehabilitation project must involve the adaptn/e reuse of an existing structure or building currently on the property tax rolls so that the Base Year Value associated with the project will include both the value of the land and the existing improvements For compliance purposes, the date for determining a permanent full-time job shall be six months from the date ol~ completion. The Owner must maintain the same level of employment or increase employment during the term of the Agreement. The percentage o1: abatement provided shall be based upon the employment information as of January I each year. The target living wage shall be 7 that annual amount equal to or greater than poverty level for a family of three, as established by the 2004 U.S. Department of Health and Human Services Poverty Guidelines, divided by 1820 hours per year, which is currently $8.60 per hour. The Governmental Unit shall have the dght to adjust the living wage target under these Guidelines and insert a specific target in each Tax Abatement Agreement to govern the abatement offered under this Agreement. This project is designated as a "rehabilitation project" under the Guidelines and Criteda which involves the adal:Aive reuse of an existing structure or building tot a Facility. Ow13er represents and warrants that the project shall involve a minimum capital expenditure of $250,000. The rehabilitation project must involve the adaptive reuse of an existing structure or building currently on the property tax rolls so that the Base Year Value associated with the project will include both the value o1: the land and the existing improvements. At the time of execution of this Agreement, the Ow~. er reasonably estimates and represents to the Governmental Unit that the Added Value of the Renewal Community Mixed User Facility comprising permanent Improvements upon completion of the Construction Phase shall be: $387,500 ("Estimated Added Value"). VII. CONTEMPLATED IMPROVEMENTS Owner represents that it shall improve a Facility at the cost, for the purpose, and in the manner as set forth in the Project Description attached as Exhibit "A. During the Construction Phase, the Owner may make such change orders to the project as are reasonably necessary, provided that no such change order may be made which will change the qualification ol~ the project as a "Facility' under the Guidelines for Granting Tax Abatement approved by the Governmental Unit. All improvements shall be completed in accordance with all applicable laws, ordinances, rules or regulations Dudng the term of this Agreement, use of the Property shall be limited to operation of the Facility described in the Project Description consistent with the general purpose of encouraging development or redevelopment of the zone during the period o[ this Agreement. VIII, EVENTS OF DEFAULT AND RECAPTURE Failure to Commence Operation Dudnq Term ot Aqreement. In the event that the Facility does not create within six months of construction completion the required number of pem3anent full-time job(s) per $50,000 of Added Value to a property and maintain/he same level of employment or increase employment during/he term of this Agreement, no abatement shall be given for that tax year, and the full amount of taxes assessed against the property shall be due and payable for that tax year. In the event that the Owner fails to create and maintain the required number of full-time jobs by the next January 1, then the abatement Agreement shall terminate and all abated taxes during the pedod of construction shall be recaptured and paid within 60 days of such termination. Discontinuance of Operations Durinq Term of Aqreement. In the event the Facility is completed and begins operation with the required minimum number of 2 permanent jobs but subsequently discontinues operations and the required minimum number of 2 permanent jobs is not maintained on any January I dudng the term of the Agreement after the completion of construction, for any reason except on a temporary basis due to fire, explosion 8 or other casualty or accident or natural disaster, the Agreement may be terminated by the Governmental Unit, and all taxes previously abated by virtue of the Agreement shall be recaptured and paid within 60 days of such termination. C. Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent and fails to timely and propedy follow the legal procedures for their protest and/or contest, this Agreement shall terminate and so shall the abatement of the taxes for the calendar year of the delinquency. The total taxes assessed without abatement for that calendar year shall be paid within 60 days from the date of termination. Penalty and interest shall not begin to accrue on the additional amount of taxes due as the result of recapture under this provision until the first day of the month following such sixty (60) day notice, at which time penalty and interest shall accrue in accord with the laws of the State of Texas Penalty and interest on the amount of taxes originally levied based upon the Abatement shall, of course, begin to accrue as of the date such taxes were due in accord with the laws of the State of Texas. Notice o[ Default. Should the Govemmental Unit determine that the Owner is in default according to the terms and conditions of this Agreement, it shall notify the Owner that if such default is not cured within sixty (60) days from the date of such notice ('Cure Period'), then this Agreement may be terminated. In the event the Owner tails to cure said default dudng the Cure Period, this Agreement may be terminated and the taxes abated by virtue of the Agreement will be recaptured and paid as provided herein. Actual Added Value Should the Nueces County Appraisal District determine that the total level o[ Added Value dunng any year of the term of this Agreement after completion of the Construction Phase is lower than the Estimated Added Value, for each year dudng which an Abatement has been granted, the difference belween the tax abated and the tax which should have been abated based upon the actual Added Value shall be determined by the Oovemmental Unit and paid w~thin 60 days of notification to the Owner of such determination. Penalty and interest shall not begin to accrue upon such sum until the first day of the month following such sixty (60) day notice, at which time penalty and interest shall accrue in accord with the laws of the State of Texas. Reduction in Rollback Tax Rate I[ during any year of the pedod of Abatement any portion of the abated value is added to the current total value of the Governmental Unit but is not treated as 'new property value' (as defined in Section 26.012 (17) of the Texas Tax Code) for the purpose of establishing the "effective maintenance rate" in calculating the 'rollback tax rate' in accord with Section 26.04 (c) (2) of the Texas Tax Code and if the Governmental Unit's budget calculations indicate that a tax rate in excess o1' the 'rollback tax rate' is required to fund the operations of the Governmental Unit for the succeeding year, then the Oovemmental Unit shall recapture from the Owner a tax in an amount equal to the lesser of the following: (1) The amount o[ the taxes abated for that year by the Governmental Unit with respect to the Property. (2) The amount obtained by subtracting the rollback tax rate computed without the abated property value being treated as new property value h'om the rollback tax rate computed with the abated property value being treated as new property value and multiplying the difference by the total assessed value of the Governmental Unit. If the Governmental Unit has granted an abatement ot taxes to more than one taxpayer, then the 9 amount of the recapture calculated in accord with subparagraph (2) above shall bo prorated on the basis of the value of the abatement with respect to each taxpayer. This event shall not constitute a 'default" under this Agreement, and the sixty (60) day Cure Pedod provided above shall not apply. Such recaptured taxes must be paid within thirty (30) days after notice thereof has been given to the Owner. Penalty and interest shall not begin to accrue upon such sum until the first day otthe month following such thirty (30) day notice, at w~ich time penalty and interest shall accrue in accord with the laws of the State of Texas. Continuation of Tax Lien. The amount of tax abated each year under the terms of this Agreement shall be secured by a firs/and pdor tax lien which shall continue in existence from year to year until such time as this Agreement between the Governmental Unit and Owner is fully performed by Owner, or until all taxes, whether assessed or recaptured, are paid in full. In the event of any default by Owner, the governing body of the Governmental Unit reserves the right to terminate or modify this Agreement Owner shall be afforded written notice of such default and the oppodunity to cure as provided above. If Owner believes such action was improper, Owner may tile an appeal in Nueces County district coud within sixty (60) days after written notice of the action by/he Governmental Unit. Owner shall remit to the Governmental Unit, within such 60<lay peded, any additional or recaptured taxes levied pursuant to the payment provisions of Texas Tax Code § 42.08. I[ the final determination of the appeal increases Owner's tax liability above the amount paid, Owner shall remit the additional tax pursuant to Tax Cede § 42.42. If the final determination of the appeal decreases Owner's tax liability, the Governmental Unit shall refund the Owner the difference between the amount of tax paid and the amount of tax for which Owner is liable pursuant to Tax Code § 42.43. IX. ADMINISTRATION A. Inspections The Owner shall allow employees and/or representatives of the Govemmental Unit to have access to the Property dudng the term of this Agreement to inspect the Facility to determine compliance with/he terms and conditions et this Agreement. All inspections will be made only after the giving of twenty-four (24) hours pder notice and will only be conducted in such manner as to not unreasonably interfere with the construction or operation of the Facility, All inspections will be made with one or more representatives of the Owner and in accordance with Owner's safety standards. B Appraisals. The Chief Appraiser of the Nueces County Appraisal District shall annually determine (i) the taxable value of the real and personal property comprising the Property taking into consideration the Abatement provided by this Agreement, and (ii) the full taxable value without Abatement of the real and personal property comprising the Property. The Chief Appraiser shall record both the abated taxable value and the full taxable value in the appraisal records. The full taxable value figure listed in the appraisal records shall be used to compute the amount of abated taxes that are required to be recaptured and paid in the event this Agreement is terminated in a manner that results in recapture. Each year the Owner shall furnish the Chief Appraiser with such information outlined in Chapter 22, Texas Tax Code, as amended, as may bo necessary for the administration of the Agreement specified herein. C. Annual Reports. Owner shall certify to the goveming body of the Govemmental Unit on or before Apdl 1 each year that the Owner is in compliance with each applicable term of this Agreement Additionally, dudng the initial four years of the term of property tax abatement, Owner shall provide to the Governmental Unit an annual report covering those items listed on Schedule I attached hereto in order to document the efforts of the Owner to acquire goods and services on a local basis. Such 10 annual report shall be prepared 'on a calendar year basis and shall be submitted to the Govemmental Unit no later than ninety (90) days following the end of each such calendar year. The annual report shall be accompanied by an audit letter prepared by an independent accountin0 firm which has reviewed the report. D. "Buy Local' Provision. The Owner additionally agrees to give preference and pdofity to local manufacturers, suppliers, contractors and labor, except where not reasona~y possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. In any such exception cases involving purchases over $10,000.00 a justification for such purchase shall be included in the annual report. The Owner further acknowledges that it is a legal and moral obligation of persons receiving property tax abatements to favor local manufacturers, suppliers, contractors and labor, all other factors being equal. For the purposes of this provision, the term 'local" as used to describe manufacturers, suppliers, contractors and labor shall include firms, businesses, and persons who reside in or maintain an office in either Nueces County or San Patricio County. In the event of a broach of the buy local provision, the percentage or'abatement shall be proportionately reduced equal to the amount the disqualified contract bears to the total construction cost for the project. X. ASSlGNMENT The Owner may assign this Agreement to any one or more corporation(s), 50% or more of the outstanding voting securities of which are owned, directly or indirectly, by one of the Owners, or any partnership(s) or limited partnership(s) in which an Owner, or a subsidiary of an Owner, is a general partner. The Owner may assign this Agreement to any other new owner or lessee of the Facility with the pdor written consent of the Govemmental Unit, which consent shall not be unreasonably withheld. Any assignment shall provide that the assignee shall irrevocably and unconditionally assume all the duties and obligations of the assignor and become the Owner upon the same terms and conditions as set out in this Agreement. In the event more than one entity is Owner hereunder, the obligations o[ said entities shall be joint and several. Any assignment of this Agreement shall be to an entity that will provide substantially the same improvements to the Property, except to the extent such improvements have been completed. No assignment shall be approved if the Owner or any assignee are indebted to the Govemmental Unit for ad valorem taxes or other obligations. Xl. NOTICES Any notice required to be given under the provisions of this Agreement shall be in writing and shall be duly sen/ed when it shall have been deposited, with the proper postage prepaid thereon, and duly registered or certified, return receipt requested, with the United States Postal Service, addressed to the Governmental Unit or Owner at the following addresses. If mailed, any notice or communication shall be deemed to be received three days after the date of deposit in the United States Mail. Unless otherwise provided in this Agreement, all notices shall be delivered to the following addresses: To the Governmental Unit: CITY OF CORPUS CHRISTI, TEXAS 1201 Leopard Street P. 0. Box 9277 Corpus Chdsti, Texas 78469 Attn: City Manager 1! To the Ownen Lofty Developments, Ltd. Attn: David Loeb, Vice President 921 N. Chapparal Suite 100 Corpus Chdsti, Texas 78401 Either party may designate a different address by giving the other party ten days' written notice. This Agreement has been executed by the parties in multiple originals or counterparts, each having full I"orce and effect. Executed this -- day ATTEST: CITY OF CORPUS CHRISTI By: Armando Chapa City Secretary George K Noe City Manager APPROVED AS TO FORM 2O04 By: Lisa Aguilar Assistant City Attorney For City Attorney STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day o[ George K Noe, City Manager, or his designee Corpus Chdsti, a Texas home rule municipal corporation, on behalf of the corporation, , 2004, by of City of Notary Public, State of Texas Printed Name Commission expires OWNER: By: Name: Title: Date: 12 STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on as partnership, on behalf of said partnership. ,2004, by for Lofty Development, Ltd., a Texas limited Notary Public SCHEDULE 1 "Buy Local' Annual Reports The I:ollowing information shall be reported to the Governmental Unit on a calendar-year basis during the first four years o1" the tax abatement program: 1. Dollar amount spent [or materials* (local). 2. Dollar amount spent [or materials (total) 3. Dollar amount spent for labor** (local). 4. Dollar amount spent for labor** (totali. 5. Number of jobs created in the construction project (Iocal)~ 6. Number o[jobs created in the construction project (total). 7. Number of jobs created on a permanent basis (local). 8. Number of jobs created on a permanent basis (total). 'Materials' is defined to include all materials used in excavation, site improvement, demolition, concrete, structural steel, fire proofing, piping, electrical, instruments, paintings and scaffolding, insulation, temporary construction facilities, supplies, equipment rental in construction, small tools and consumables. This term does not include major items of machinery and equipment no[ readily- available locally. ** 'Labor' is defined to include all labor in connection with the excavation, site improvement, demolition, concrete censtruction, structural steel, fire proofing, equipment placement, piping, electrical, instruments, painting and scaffolding, insulation, construction services, craft benefits, payroll burdens, and related labor expenses. This term does not include engineering services in connection with the project design. The term "local' as used to descdbe manufacturers, suppliers, contractors and labor shall include firms, businesses, and persons who reside in or maintain an office in either Nueces County or San Patricio County. 14 Exhibit A Corpus Chdsti Project Plan November 1, 2004 [Insert letters dated September 23, 2004 and October 11, 2004 from David Loeb] The subject property consists of two parcels of land. Parcel A is approximately 11,094 square feet of land improved with a 24,000 square foot office structure. Parcel B is approximately 15,000 square feet of land improved with asphalt paving and used as a parking lot. This project witl rehabilitate the ground Noor as commercial office/retail/studio space, and [he upper three floors as approximately 18 mid income loft-style apartments. The site is currently an empty office building with a paved parking lot. The cost for this rehabilitation' is estimated at $ Plan for completion: Task Est. days [or completion Running Date Closing 30 Final plans 30 Budgeting 30 Financing 30 Asbestos Remediation 30 Permitting 30 Demolition 60 Re-Roofing 60 Cutting Chases 60 ??? Utility Connections 60 Interior Utilities 60 Elevator repair 30 Stairwell extension 30 Walkway Modifications 60 Facade changes 60 Cleanup & overruns 60 Opening October 1, 2005 15 F_XHIBIT 'B' Part, Lot 6A Block 10, Bluff Addition, a subdivision in the City o[ Corpus Chdsti, Texas, as shown by map or plat thereo[ recorded in the Map Records of Nueces County, Texas, and being known as 817 Carancahua Street North, Corpus Chdsti, Texas. Lots 7 and 8, Block 5. Bluff Addition, a subdivision in the City of Corpus Chdsti, Texas, as shown by map or plat thereof recorded in the Map Records of Nueces County. Texas, and being known as Carancahua St North at Buffalo Street, Corpus ChnstJ, Texas. 32 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11-16-04 AGENDA ITEM: RESOLUTION ADOPTING A LEGISLATIVE PROGRAM FOR THE 79TM LEGISLATIVE SESSION FOR THE STATE OF TEXAS ISSUE AND BACKGROUND: The Texas State Legislature meets every two years for 140 days (exclusive of special sessions). In order to actively participate in the legislative session, the City Council is asked several months before each legislative session to adopt a legislative program that not only is distributed to 'our legislative delegation but also serves to guide City representatives in Austin during the session. The 79~ legislative session will begin on Tuesday, January 11, 2005, and will end o~ Monday, May 30, 2005. As is usual dudng the legislative session, we anticipate almost 6,000 bills to be introduced and in the range oi: 1,500 bills to be passed. We believe that the City has assembled an excellent legislative liaison team and, with ~ tremendous assistance of our legislative delegation, we feel competent to me~ the challenges that arise. We make every effort to coordinate our legislative activities with the legislative liaisons of the eight large Texas cities as well as TML staff. With at least weakly meetings dudng the session among this group and day-to-day communications, together we fon'n an excellent response team. The attached legislative program also inciudes a number of items of Congressional legislative action that are also crucial to the City. Dudng the session we will provide pedodic updates for the City Council. As has been the case in the past, there will be an item on each Council agenda that will be a placeholder for any action that the council may have to take, i.e., resolution supporting or opposing any particular legislation. REQUIRED CITY COUNCIL ACTION: in order to establish a legislative program, City Council is required to adopt such a program. CONCLUSION AND RECOMMENDATION: The upcoming 79m legislative session, as with previous legislative sessions, will contain many initiatives that are harmful to cities. We believe that we have put together a legislative liaison team that, together with our legislative delegation, can protect us from the harmful initiatives during the session and, importantly, be successful with legislative initiatives that will be beneficial to the City. We solicit City Council study, review, and input on the proposed legislative program, and their subsequent approval. ~~/.~,~- W. Thomas Utter Special Assistant to the City Manager CITY OF CORPUS CHRISTI Corpus Christi Legislative Program 79th Legislative Session including Federal Legislation November 2004 INTRODUCTION Prior to the commencement of each legislative session, the City of Corpus Chdsfi staff, working with input from the City Council, other local interests, Texas Municipal League, and other cities, prepares a recommended legislative program for City Council consideration and approval. The legislative program, after consideration and approval by the City Council, is then transmitted to our local legislative delegation and forms the basis for the City's activities during the 140 days of the State legislative session. In each legislative session, the number of bills that are introduced is massive. For example, in the last regular legislative session (2003), there were 5,754 bills introduced, 1,403 actuallypassed, with over 1,200 of the bills City-related, of which approximately 110 passed. Unfortunately a large percentage of the efforts by cities are necessarily directed at simply stopping bad pieces of legislation which would negatively affect cities. Over the past few legislative sessions, the City of Corpus Chdsti, with the tremendous support and action of our local legislative delegatio~ has had very good success in not only stopping bad bills which would negatively impact us, but also in the passage of legislation which very positively affects us. The upcoming 79~ legislative session will undoubtedly consider many issues that are detrimental to cities and will be extremely complex. The entire session's outlook is overshadowed by the State's need to restructure public education. As in the past, the City anticipates working very closely with our legislative delegation_ In addition, we will continue to work with the Texas Municipal League (TML) as well as the very active legislative lobbying group of the eight largest cities (this latter group meets once a week during the legislative session with TML staff to coordinate action.) The following legislative program is broken down into sections each representing a major part of municipal government beginning with a general statement of policies and procedures. A separate section of Federal legislation issues is included at the end of the program and is considered to be a part of our overall legislative effort. The communication of this legislative program is carried out on a day-to-daybasis by the Special Assistant to me City Manager and the City's legislative liaison group, under the general direction of the City Manager after approval of the program by the City Council. The Mayor and City Council Members, as well as members of City staff including the Police and Fire Chiefs, the City Attorney, members of the her Office, and departments heads are called upon to testify in Austin and in Washington, on a case by case basis. I. ~L POUCY AND PROCEDURES a. The City will support legislation and administrative actions that: 1. Will protect and enhance City revenues. 2. Reduce costs to the City. 3. Provide for more local control. 4. Protect those policies previously established through the Charter, ordinances, resolutions, and master plans. 5. Provide increased educational opportunities for the citizens of Corpus Chdsti and the region. b. The City will oppose legislation or administrative actions that: 1. Undermine the principle of home rule and local self-government. 2. Result in the less of revenue growth to the City. 3. Diminish the authority of cities to regulate and manage their growth and development. 4. Nullity or undermine the City's policies contained in existing provisions of the Charter, ordinances, resolutions, and master plans, unless such changes expand the City's ability to manage its own affairs. 5. Diminish any existing authority of cities. 6. Impose mandates that require any expenditure by the City unless all costs of same, including administrative as well as direct out-of-~poctret costs, are fully reimbursed by the mandating government. 7. In any way endangers, nullifies, or transfers any of the City's water fights, c. The City Council will determine the City position on all legislative issues. d. The City's Boards, Commissions, and Advisory Groups may not represent in oral testimony or in writing a position on proposed legislation or administrative action unless that position is first approved by the City Council. e. Positions on legislative or administrative matters originating outside of the City Council, but within the City's governmental framework shall be submitted to the City Manager for review pdor to consideration by the City Council. 2 The legislative or administrative positions herein approved, and others separately approved by the City Council, shall be communicated to the legislative and congressional delegations, to the Legislature and Congress, in general, and/or to the appropriate legislative committees, committee members, and administrative agencies or to others by members of the City Council, the City Manager, staff persons, legislative liaisons and others designated by the City Manager. Where possible and where there is a commonality of interest, the City will coordinate its legislative and administrative program with other political jurisdictions in the region and provide assistance to those political jurisdictions. The city will support the legislative program of the Texas Municipal League, except to the extent it conflicts with any policy herein. It is recognized that this policy will often be implemented in the context of great numbers of voluminous proposals being considered within short time periods. City representatives, under the direction of the City Manager, shall be authorized to act on behalf of the City consistent with the necessarily broad policy concerns set forth in this policy. In this policy, items are classified under three levels of importance, Priority,Actively Support, and Endorse, as follows: Priority means that the City will actively pursue and support (or oppose, as specified) the policy including, if necessary, seeking introduction and passage of legislation. This would include purelylocal Corpus Christi bills, as well as very important legislation of statewide application. Actively Support means the City will aggressively attempt to obtain passage of a measure if it is introduced by some other e~t~ty (or actively oppose, as specified). Endorse means that the City will make its (support or opposition) known, but will not actively pursue the issue. 3 II. FINANCIAL INTEGRITY Franchise Fees. The City unalterably opposes any measure which would reduce the City's existing franchise fees, the growth of those franchise fees, or its ability to charge franchise fees, and any measure which would prevent the City from requiring utilities to bear 100% of costs associated with relocations of utilities required by the City or which would impair City regulation of use of rights-of-way. Franchise fees are essential to continuation of basic services. A vote to reduce franchise fees would be a vote to increase local ed valorem taxes or reduce basic local services such as police, fire, roads, and parks, and would constitute a gift of public property for private purposes. State Hotel Tax for Beach Maintenance. The City supports legislation which would provide State hotel tax*funding for beach maintenance. ACTIVELY SUPPORT Liability Law. The City supports legislation to reduce potential liability of municipelitles and municipal employees for torts and other actions and opposes legislation which would increase such liability. Prompt Payment Statute. The City opposes legislation increasing the requirements of the prompt payment statute. Indemnity Provisions. The City opposes legislation limiting or prohibiting indemnity provisions in public works contracts. Mandated Fees. The City opposes legislation which would require a city to raise any municipal fee and remit the revenue to the state, unless use of the monies would he clearly dedicated for programs beneficial to the City. Appraisal Appeals. The City supports legislation to allow cities to challenge the appraisal or appeal of an appraisal of a specific property. MunicipalCourt Costs The City supports legislation which would consolidate all State court costs collectible by municipal courts into one fee payable to the State, and require that, in case of partial payments, a city and the state will split the payments until both receive the proper amount of revenue. The City opposes additional State or County fees or court costs on municipal courts. Sale of Tax Liens. The City supports legislation to authorize cities to sell tax liens. 4 III. ESSENTIAL INFRASTRUCTURE Water. Protection of Water Rights. As its highest priority, the City supports legislation to protect the City's water supply and water rights, and to enable the City to expand its water supply and rights, and strongly opposes legislation which would diminish or chalenge such water supply or water dghts or the City's ability to expand such supply or rights. Desal Projects. The City supports legislation to provide special set-aside funding for desalination prograrris and projects_ Free Market in Water. The City strongly supports legislation that would remove barriers to a free market between willing sellers and buyers of water and water rights, subject to applicable laws for protection of the environment, and strongly opposes legislation that would create new barriers. Water Conservation Districts a. The City supports legislation to establish a Ground Water Conservation District encompassing the entire City limits and possibly the entire County. b. The CH supports correcting legislation removing portions of Nueces County from previously authorized Ground Water Conservation Districts. AC'RVELY SUPPORT Transportation. 1. Resources. The City strongly supports legislation assudng the equitable allocation of transportation resources from the State. 2. Funding for ConslnJcfionand Maintenance. The City supports legislation that would increase the level and availability of state transportation funding for construction and maintenance. City Streel~Maintenance. Maintenance of City streets throughout the State is chronically under funded. The City strongly supports legislation which would allow cities to have additional local revenue sources specifically earmarked for street maintenance. 5 IV. COMMUNITY PROTECTION AND DEVELOPMENT Development. The City strongly opposes legislation which would erode municipal authority to regulate development for the public safety, health and welfare, including, but not limited to, locations of manufactured housing, annexation, condemnation, platting, zoning, extraterritorial jurisdictions and building and housing codes. RegulaOon of location of Manufactured Housing. The City opposes legislation that would erode the authority of cities to regulate the location of manufactured housing. Annexation Authority. The City oppoSes legislation that would erode current annexation authority. ACTIVELY SUPPORT f. g. h. Affordable Housing. The City supports affordable housing initiatives that do not undermine the City's regulatory authority to protect the public health, safety, and welfare. Bu~dlngCodes. The City supports maintaining and expanding municipal authority to select building codes and make local amendments as determined by local city councils, and opposes legislation eroding such authority such as by mandating adoption of particular codes. Nuieance. The City supports legislation to strengthen municipal enforcement authority with respect to nuisances. Condemnation Authority. The City opposes legislation that would erode condemnation authority. Dune Protection. The City supports city administered dune protection within a city's limits and ETJ. m= Alcoholic Beverage Regulation. The City supports legislation to protect and strengthen city authority to regulate alcoholic beverage sales and consumptions and to provide flexibility to cities to undertake and contract for alcoholic beverage sales in city-owned facilities. ~ Homes. The City supports legislation to protect and strengthen city authority to regulate group homes. 6 V. CHILDREN AND YOUTH Juvenile Crime. The City supports legislation to reduce crime and delinquency among children and youth, to promote their development and well being, and continued funding of CYD programs. ACTIVELY ENDORSE CHIPS funding. The City supports expansion of the Children's Health Insurance Program to the greatest extent possible so that no child is left uninsured. 7 VI. EDUCATION Higher Education. The City supports legislation to advance and obtain sufficient support for education in this area, especially legislation to enable Texas A&M University-Corpus Chdsti to operate as a strong and viable four-year university, including special item funding; and legislation to insure adequate funding for the operation and programs of the Del Mar Junior College District, including Full Formula Funding and expansion of the District to adequately reflect its service area. Support of Local School Disl~icts. In general, the City supports the legislative programs of local school districts leading to enhancement of educational opportunities for citizens of Corpus Christi. Support for Job and Vocational Training. The City strongly supports the continuation and expansion of the Skills Development Fund. In addition, the City supports the efforts at skill training in our public schools as well as programs at Del Mar. D~3pout Prevention. The City strongly supports legislation to address problems inherent and endemic both causal and reflective of our area's high dropout rate. 8 VII. PUBLIC SAFETY AND HEALTH Emergency Service District. The City supports legislation permitting 1/8¢ over the 2¢ local Sales Tax cap for Emergency Service Districts. Child Safety Regisbation Fee. The City supports legislation to amend current law to increase the optional vehicle registration fee for child safety from $1.50 to $3.00 and to allow cities to impose the fee. Crime or Emergency Service District. The City supports changing the statute to use the City sales l~xbase for a City-created Crime or Fire Control and Prevention district so that City sales taxes are administered consistently. ACTIVELY SUPPORT Photographic Traffic Signal Enforcement: The City supports legislation that would allow cities to effectively employ photographic traffic signal enforcement. 911 Emergency Service Systems. The City opposes legislation that would hinder the City's operation of its 911 system, which would inequitably affect the Corpus Christi area on 911 funding, or which would limit its ability to charge a fee for 911 services. Court Appearance. The City strongly opposes any effort to allow a defendant to waive their personal appearance at a Municipal Court Trial other than those who also waive their right to a jury thai. OPPOSE Felony Forfeitures. The City opposes legislation which would detrimentally change the existing felony forfeiture statute. Regulation of Scooters. The City opposed legislation that would erode the authority of a City to regulate scooters. 9 VIII. UTILITIES Electric Industry Deregulation. The City supports continued electric industry deregulation legislation but only if it (1) fully preserves municipal authority over rights-of-way or other public property and (2) fully preserves municipal authority to impose a right-of-way fee that: (a) equal to that received prior to competition (b) increases with growth; (c) ensures that all citizens will benefit through lower rates; (d) assures that electTic system reliability and service quality will be maintained at standards equal to or better than the reliability and service standards which exist today; (e) allows cities to serve as aggregators; (f) provides chrecks and balances against concentration of market power through takeovers, mergers, acquisitions, or other means; (g) protects the ability of a municipally owned utility' (MOU) to operate profitably, continues to exempt MOU's from regulation by the Public Utility Commission, and protects the financial integrity of any city; (h) holds a city harmless over time vis-a- vis revenue. Right-of-Way Control. The City opposes legislation which would erode the authority of cities to manage and control their rights-of-way and other public property. Line Counts. If the Public Utility Commission does not adopt a rule governing authorized review to verify access line counts, the CAy supports legislation that would: (1) require such a rule to be adopted by a certain time; or (2) require telecommunications providers to submit to an independent, verifiable audit of access lines. Access Unes. If the Public UfilityCommission does not act to broaden the current definition of ~access line" to incorporate new services as they arise, the City supports legislation to revise the definition to ensure that cities receive adequate and consistent compensation when new services are offered by telecommunications providers. ACTIVEL.Y SUPPORT Underground Facilil~es Notification. The City opposes legislation that would amend the Underground Facilities Statute to 1) raise the $1.25 cap on the fee paid by a facility operator, 2) levy a fee on an excavator, 3) raise the registration fee unless the fee is determined on a more equitable basis, and 4) require mandatory participation by cities as Class B operators. Wireless Local Area Networks (LAN). The City supports legislation that clarifies the ability of a City to provide LANs for its citizens. 10 IX. ENVIRONMENT Air Quality. The City supports continued allocation of financial resources for near non-attainment areas, which is essential for those communities striving to remain within federal guidelines for air quality. National Estuary Program. The City of Corpus Chdsti actively supports State funding of the local Nal~onal Estuary Program. It is an important priority that the program continue lo be funded, possibly at an elevated level. Regional Water Planning. The City supports continued funding of regional water planning. ACTIVELY SUPPORT Parks and Recreation. The City supports additional funding for State grants to cities for park acquisition and development. Beach Cleaning. The City supports full State funding of the beach cleaning program. Oil Spill Response Program. The City supports continued and expanded State support for the Oil Spill Response Program and the location of a major center in the Corpus Christi area. DrainagelStermwater. The City opposes further unfunded mandates with respect to drainage and stormwater, and supports increased State programs to assist in solving such problems. Solid Waste. The City supports legislation that would enhance its ability to maintain adequate funding for the operation of its present and futura landfills or that would strengthen city authority over landfill operations, and the City opposes legislation that would undermine adequate funding of city landfills, impose regulations more stringent than federal law, or erode city authority over landfill operations. 11 X. PERSONNEL Reserved ACTIVELY S4JPPORT 12 Xl. ECONOMIC DEVELOPMENT Mililary. The City supports continued funding and legislative support of the Texas Strategic Military Planning Commission and other efforts to preserve existing military bases in Texas. Ballot Language for Economic Development Sales Tax. The City supports amendment of Sections 4A and 4B of the Development Corporation Act to provide greater local flexibility in presenting projects to the voters individually or combined. Economic DeveiopmentAraas. The City strongly supports legislative initiative to provide stronger and more powerful economic development tools for local, State or Federally created or designated Economic Development Areas. ACTIVELY SUPPORT Economic Development Au~ority. The City opposes legislation which would erode municipal economic development authority. Child Care. The City supports increased, sustained State funding for child care. Texas Public Libraries. The City supports legislation that would increase support of Texas public libraries through TexShare and the Library of Texas for improved access to electronic information. E-Commerce Taxation. The City supports a level playing field for all businesses whether they are locally operating or operating through e-commerce. The City opposes any system of taxation which restricts a local government's ability to collect sales tax on commerce over the Intemet_ Workforce Development. The City supports local control over employment training programs, continuation of Smart Job training grants and the Skills Development Fund, and State funding for adult literacy programs. 13 Xll. EFFICIENT ADMINISTRATION ACTIVELY SUPPORT Sales Tax Exemption. The Cityopposes legislation that would enact a sales tax exemption that isn't a local option exemption. Proper~Tax Exemp'don. The City opposes legislation that would enact a property tax exemption that would shift the burden to other taxpayers and that would be a substantial erosion of the tax base. Delinquent Sales Tax. The City opposes legislation that would'abolish the authority of cities to sue for delinquent sales taxes or to join in an attorney general's suit. Nofiflcaflonof DelinqueetAmounte of Sales Taxes. The Cityopposes legislation that would repeal the requirement that the comptroller notify cities of delinquent amounts of sales taxes. Rate Case and Complaint Dockets. The City supports legislation that would establish the right of cities to recover expenses related to rate case and complaint dockets within a reasonable time and require utilities to recover rate case expenses out of stockholders' equity when a rate case is found to be unjustified. Water or Wastewater Permittees Fees. The City opposes legislation that would increase fees paid by water or wastewater bermittees. Sales Tax Pledge. The City supports allowing the pledge of sales tax for financial obligations outside of economic development. Open Meetings Act. The City supports legislation clearly exempting from the Open Meetings Act attendance by a quorum at public community events, and clarifying restrictions on meetings in less than a quorum. The City opposes making the Act more restrictive. 14 E. FEDERAL LEGISLATION/ACTION Packery Channel. The City strongly supports legislation/action to continue the North Padre Island Storm Damage Reduction and Environmental Retention Project to its completion. ~Fundiog. The C~y has found Federal funding of the CDBG and HOME Program to be essential to the continued wellbeing and revitalization of the City. Therefore, the City strongly supports continued and increased funding for the programs. Dtvemion to State. The Citysupports direct Federal funding of programs to cities and generally opposes funding to citie~ being routed through State government. Homeland Security. Due to greatly increased costs of local security activities, the City supports continued and increased direct Federal funding of homeland secudty to cities. Military. The city strongly supports legislation/funding/actionsto maintain our local areas' military facilities as one of the City's highest priorities. Coordination ~ Local Agencies. Whenever possible and particularly where there is a commonality of interest, the City will support local agencies or units such as We County, RTA and the Port in their efforts to secure favorable legislation and/or funding. Prol~-fion of Right of Way Fees and Authority. The City strongly supports its traditional authority to charge rental value to private companies for the use of valuable public rights of way, and to reasonably regulate the rights of way for the benefit of the public. The City strongly opposes any dilution of its traditional authority. 15 RESOLUTION ADOPTING THE CITY OF CORPUS CHRISTI'S LEGISLATIVE PROGRAM FOR THE SEVENTY-NINTH LEGISLATIVE SESSION FOR THE STATE OF TEXAS. WItEREAS, the 79~ Texas Legislature convenes in January 2005; and WHEREAS, the Texas Legislature will consider many measures that may affect the City of Corpus Christi; and WHEREAS, it is necessary to provide guidance for the City officers and representatives in conducting the City's legislative efforts and relations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council adopts the Legislative Program, which is attached to and incorporated into this resolution SECTION 2. This Legislatwe Program remains in effect until amended by the City Council SECTION 3. The City Manager is directed to distribute this Legislative Program to the local legislative delegahon and solicit their advice and support_ ATI'EST: THE CITY OF CORPUS CllRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: __ day of ,2004. Mary Kay Fischer City Attorney Rc~o 4/~lative Pmgram~&KF Ila 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. Kirmison Jesse Noyola Mark Scott R~o4LegishfvePmgramhMKFIh 33 CITY COUNCIL AGENDA MEMORANDUM November 16, 2004 AGENDA ITEM: (a) Motion to amend ordinance amending Chapter 49 prior to second reading to require notice of potentially harmful environmental conditions in City dghts-o[-way, to require notice of intent to I~le institutional controls in deed records, and to provide conditions for filing of institutional controls. (b) Second Reading Ordinance - Amending Chapter 49 of the City o[ Corpus Chdsti Code of Ordinances by adopting new Article VII and amending Article IV, Section 49, relating to the requirement that all pipelines in the City rights-of-way and in City. owned property be licensed or Otherwise authorized by the city; establishing procedures for the application for and granting of licenses; establishing the charges for the use of City rights-of-way and City-owned property by authorized and unauthorized pipelines; providing for protection of City rights-of-way and City- owned properties and interests; reserving the City's claims [or pdor occupation of public property by pipelines; providing for related matters; and other provisions related to the subject matter of this ordinance; providing an effective date; providing for penalties; providing for reservation of civil remedies; providing for severance; and providing for publication. ISSUE: Adoption of ordinance requiring annual payment for pipeline occupying the City's rights-of-w-ay, utility easements, and other City owned property and facilities. The adoption of the proposed ordinance will entitle the City to collect $445,894 from Gul[terTa Energy Partners, L.P., under the settlement agreement provided by the City Council by Ordinance # 025605, on December 16, 2003. REQUIRED COUNCIL ACTION: Adoption of ordinance as submitted. PREVIOUS COUNCIL ACTION: In 1996, the City o[ San Benito filed a class action lawsuit against certain pipeline companies [or unauthorized use of cities' public dghts o[ way. About 100 cities were within the class, including Corpus Chdsti. A se~ement was proposed in 1999, which included a cash settlement to each city and a grant to the company o[ a 25-year consent agreement. Corpus ChdstJ opted out of the settlement, believing it to be inadequate in several respects. Since then the City has settled its lawsuit with the pipeline company (now Gui[terra Energy Partners, L.P. after several ownership changes). The City Council approved the settlement agreement by Ordinance # 025605, on December 16, 2003. RECOMMENDATION: Approval o[ ordinance as submitted. City Attomey BACKGROUNDINFORMATION The seltlement agreement with GulCterra has the following primary elements: 1. In consideration of settlement of past claims and the granting of a License Agreement to use rights-of-way and certain city property in the future, Gulfferra would pay the City: a. $3,000,000 prior to approval of the agreement by Council; b. Annual street rental payments of $1.25 per linear foot of pipe in City rights-of- way and property and $500 per street crossing. Initially, this would be $222,947 annually. The linear foot portion will be subject to CPI adjustment. 2. City released Gulfterra and its predecessoi's from prior claims. 3. The term of the agreement is 10 years, commencing October 1, 2002. Gulfterra was given the right to be re-licensed for one additional 10-year term on terms not unreasonably different from the least restrictive terms contained in a license agreement with any other pipeline company. 41 Two annual payments, for October 1, 2002, and October 1, 2003, become due upon approval of the License agreement, in the amount of $222,947 for each year. However, payment of these was deferred until the City adopts an ordinance applying uniform charges to other pipelines. This is the subject agenda item. 5. The annual fee for Gulf'terra is subject to provisions for uniformity of charges for similar pipelines. Effective 12 months from approval of the License Agreement; Gulfterra's annual payments will be reduced if other pipelines are not being effectively charged, according to a formula. Also, if the City were to adopt an ordinance prescribing a lesser charge than the License Agreement; or if the City were to grant another pipeline a license with a lesser charge Gulf'terra would get the benefit of the lesser charge. The charges would also be subject to a change-of-law prevision. 6. Consent was given to Gulflerra under applicable city ordinance to sell gas in the City to Large Volume Customers beyond capacity of the City's distribution system and to transport gas consistent with its status as a common carrier and as an entity regulated by Railroad Commission Rules. The grant of the transportation right required the adoption of an ordinance amendment to assure that a seller of gas must get City consent before serving customers in the City limits. The ordinance was adopted by the City Council by Ordinance # 025606, on December 16, 2003. 7. Other provisions include measures to protect city streets and facilities, insurance and indemnity requirements, record-keeping, audit, etc. ORDINANCE AMENDING CHAPTER 49 OF THE CITY OF CORPUS CHRISTI CODE OF ORDINANCES BY ADOPTING NE'W ARTICLE VII AND AMENDING ARTICLE IV, SECTION 49, RELATING TO THE REQUIREMENT THAT ALL PIPELINES IN THE CITY RIGHTS-OF-WAY AND IN CITY-OWNED PROPERTY BE LICENSED OR OTHERWISE AUTHORIZED BY THE CITY; ESTABLISHING PROCEDURES FOR THE APPLICATION FOR AND GRANTING OF LICENSES; ESTABLISHING THE CHARGES FOR THE USE OF CITY RIGHTS-OF-WAY AND CITY-OWNED PROPERTY BY AUTHORIZED AND UNAUTHORIZED PIPELINES; PROVIDING FOR PROTECTION OF CITY RIGHTS-OF-WAY AND CITY-OWNED PROPERTIES AND INTERESTS; RESERVING THE CITY'S CLAIMS FOR PRIOR OCCUPATION OF PUBLIC PROPERTY BY PIPELINES; PROVIDING FOR RELATED MA'FI'ERS; AND OTHER PROVISIONS RELATED TO THE SUBJECT MA'r3'ER OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PENALTIES; PROVIDING FOR RESERVATION OF CIVIL REMEDIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City of Corpus Christi has determined that there are numerous pipelines in the City rights--of-way and in City-owned property; WHEREAS, many of the existing pipelines in the City rights-of-way and in City-owned property have not received any permission from the City to occupy these public properties, nor do any adequately compensate the City for their use of these public properties; WHEREAS, the City has determined that the public properties used by these pipelines have value to the City and to the pipeline owners; WHEREAS, the City has determined the value to the City of these public.properties and has further determined that fees should be charged for the use of City rights-of-way and City-Owned Properties by the owners of these pipelines; WHEREAS, the City possesses authority to control its rights-of-way and other property, and to receive fair compensation for the use of its right-of-way and other property, under various provisions of law, including but not limited to Article 11, Section 5 of the Texas Constitution, Article 1175 of Vemon's Texas Civil Statutes, Texas Tax Code Section 182.025, subchapters A and B of Texas Utility Code Chapter 181, and the City's Charter; WHEREAS, under Article IX of the Corpus Chdsti City Charter no person may be authorized to use City rights-of-way or other public property without the consent of the City pursuant to ordinance; WHEREAS, the City has further determined that the implementation of the fees contained in this article on a non-discdminato~' and equitable basis for all pipelines that 2 use the public properties is appropriate, and the City Council finds that the fees established are reasonable, equitable, and non-discriminatory; and WHEREAS, a system for administering the use of City rights-of-way and City-owned property is necessary and appropriate; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION '1. Chapter 49, Cede of Ordinances, is amended by adding a new Article VII, Charges for Use of Rights-of-way by pipelines, to read as follows: "CHAPTER 49 STREETS AND SIDEWALKS "Article VII. Charges for Use of Rights-of-way by pipelines "Sec. 49-91. Definitions. 'q'he following terms, when used in this article, have the meanings ascribed to them by this Section: "Abandon or abandonment or abandoned means permanently removed from service under the definition of "abandoned' in the Cede of Federal Regulations, 49 C.F.R §192.3, and includes the process defined in the Cede of Federal Regulations, 49 C.F.R. §192.727, by which a pipeline owner or operator can conduct abandonment activities of its pipeline or a section of its pipeline. "City-ownedproperty means any real property and its fixtures, other than City rights-of-way, owned in fee, leased, controlled, held in trust, or otherwise possessed by the City within the corporate boundaries of the City. "City-owned facilities means all streets, curbs, sidewalks, water facil~es, wastewater facilities, gas facilities, storm water facilities, park, airport, landfill, and other facilities owned, maintained, or controlled by the City. "City fights-of-way means any water, wastewater, gas, storm water drainage, or other public utility easement, street, road, avenue, highway, freeway, toll road, bddge, alley, boulevard, sidewalk, lane, drive, circle, or canal, currently owned or controlled by, and/or located within or which may in the future be constructed within or annexed into the corporate limits of, the City, including the City's interest, if any, in all in-City portions of any federal or state highway, farm to market road, or other rights-of-way claimed by the City. "Crossing means any occupation of City rights-of-way (excluding public utility easements) by pipelines that extends from one side of the rights-of-way to the opposite side. Except as otherwise provided in this article, it is presumed that each crossing by a pipeline includes one hundred f'~y (150) linear feet. R4820~a,3.doc "Director means the City's Director, Engineering Services (or other position designated by the City Manager) or the Director's designee. "Effective date means the effective date of this article, which is the date of final passage by the City Council. "Emergency refers to an incident that may cause an immediate threat to public health, safely, or welfare, including an incident in which any of the following has occurred, is occurring or is imminent: "(i) Fire or explosion not initiated by the licensee as part of its operations, under accepted safety practices. "(ii) Release of an explosive gas, hazardous liquid, or chemical Ihat could adversely affect the environment or health of individuals, livestock, domestic animals, and wildlife. "(iii) Death of any person. "(iv) Bodily harm of any person that results in loss of consciousness, the nccd to assist a person from the scene of an incident or the necessity of medical treatment in excess of first aid. "(v) Damage to private or public property not owned by the licensee in excess of $5,000.00 in combined values. "(vi) The rerouting of traffic or evacuation of buildings. "Existing pipeline means a pipeline, not abandoned, in any portion of the City rights-of-way or City-owned property as of the effective date of this article. "Expiration date means the date on which a license granted under this article expires. "G.I.S. means Geographic Information System. "License means a license granted by the City under the terms and provisions of this article authorizing the licensee to occupy City rights-of-way and City-owned property for pipelines as described in this article. "License fee means a fee assessed by the City on pipelines occupying City rights-of-way or City-owned property, under Section 49-96. "Licensed affiliate means a person controlling, controlled by, or under common control with licensee, which has (or for which licensee has) agreed, in a form approved by the City Attorney, to unconditionally assume all duties, obligations, and liabilities of licensee under this article, without regard to the legal status of the person. R46"Z~SA3 .doc 4 "Licensee means a person, its successors and assigns, and licensed affiliates named in a license. "Person means an individual, a partnership (limited or general), a limited liability corporation, a trust, a joint venture, an unincorporated organization, or other legal entity or governmental authority. "Pipeline or pipe means all parts of those physical facilities through which natural gas, hazardous liquids, chemicals, water, or other liquids or gaseous substances move in transportation, including, but not limited to, pipe, valves, and other appurtenances attached to pipe, compressor units, metering stations, pumping units, regulator stations, delivery stations, terminals, holders, and fabricated assemblies and breakout tanks. "Sec. 49-92. License required. "(a) No person may own, maintain, operate, acquire, construct, install, or extend a pipeline in City rights-of-way or City-owned property except under a license granted under this article, or through a franchise or other dght granted by the City Council. The City Manager is authorized to execute a license, substantially in the form required by Section 49-g5, with any pipeline owner. The term of the license expires at midnight on September 30, 2012. Thereafter, the City Manager may execute licenses that expire at 10 year annivemades of the date; i.e., on September 30, 2022, September 30, 2032, etc_ A license is granted to any pipeline company executing the form if the form is executed by the City Manager_ "(b) A license authorizes the licensee to operate, alter, inspect, repair, replace with like property, remove, construct, extend or abandon the licensee's pipeline within the City rights--of-way and City-owned property as specifically described in the license. The license only authorizes licensee to use City rights-of-way and City-owned property to the extent specifically described in the license and as provided in this article for extensions. The grant is limited by the nature of the City's interest in any particular City rights--of-way or City-owned property, and does not grant an interest in any real property, estate or interest owned by another person. "(c) Extensions of pipeline. "(1) licensee has the right to extend or enlarge its pipeline beyond the configuration identified in its license within the City rights-of-way subject to. compliance with Section 49-98 in this article and with Chapters 35 and 49 of the Code of City Ordinances, and other applicable ordinances. "(2) In the event licensee desires to extend its pipeline across City-owned property, it must seek permission to do so from the City prior to commencing any work or construction, which permission may be granted at the sole discretion of the City. If the City is agreeable to the requested use of City-owned property, it will grant an amendment to the license for the use, at consideration of not less than that set for City rights-of-way in Section 49-96. 5 "(3) In the event of an extension or enlargement, licensee is obligated to include the additJonal pipe that occupies the City rights-of-way or City-owned prOperty as a result of any extension or enlargement, in the calculation of its annual license fee to City under Section 49-96. "(d) Change in pipe diameter. If licensee desires to replace any part of the pipeline that occupies City rights-of-way or City-owned property with new equipment or pipe that has the same or a smaller diameter than the existing pipe, it may make the improvement subject to compliance with Section 49-98 in this article and with Chapter 35, Article VII, Code of Ordinances, and other applicable ordinances. A replacement of an existing pipe wk'h new pipe of the same or smaller diameter will not result in licensee owing City an additional license fee. However, replacement of existing pipe wfth larger diameter pipe subjects licensee to increased license fees, as provided in Section 49-96. "(e) Drainage easements and rights-of-way. If-licensee desires to construct, extend, or locate part of its pipeline in a way that it would occupy drainage easements or rights-of- way, licensee must first seek permission to use the drainage easements or rights-of- way from the Director. All requests for use of drainage easements and rights-of-way must be in writing and will be evaluated for approval on the basis of whether the requested use materially interferes with the pdmary function of the subject drainage easement or rights-of-way_ "Sec. 49.93. Application process. "(a) Existing pipelines. All owners of existing pipelines on the effective date of this article shall submit to the Director an application for a license by November 16, 2004. The application must be submitted on a form provided by the City, and, to the extent the information has not already been provided to the City under § 35-146, et. seq., Code of Ordinances, must include the following: "(1) Maps as required by Section 49-94. "(2) A statement of licensee's total linear feet of pipe and number of street crossings within City rights-of-way and City-owned property, broken down by pipe diameter, for purposes of calculating the fees due under Section 49-96. "(3) The business address and telephone number of the person responsible for the operation of each existing pipeline. "(4) The business address and telephone number of the owner of each existing pipeline. "(5) The telephone number of at least one emergency contact available on a 24-hour basis. "(6) Certificates of insurance for the coverage required in this article. "(7) The name, address, and telephone number of licensee and the names of its licensed affiliates, if any. R4820~A3.doc 6 "(8) A copy of the license form authorized in Section 49-92, executed by the authorized representative of the Applicant. "(9) A statement as to whether the applicant is in compliance with the City's Pipeline Safety Ordinance (Article VII, Chapter 35, Code of Ordinances). "(10) Any other information the Director requests. "(b) Application Fee. All applications for a license must be accompanied by payment of a non-refundable application fee in the amount of $ 250.00. "(c) If the application is in compliance with the terms of this article, the City Manager may execute the tendered license. "Sec. 49-94. Maps. "(a) Prior to the granting of a license, licensee shall identify to the Director in writing the position of all of licensee's existing pipeline in City rights-of-way and City-owned property. The location information must be provided using G.I.S. technology, compatible with the City's G.I.S. software. As an alternative to using G.I.S. technology, a licensee may use alignment sheets, surveys, or as-built drawings as a means to locate its pipeline and for calculating the total number of linear feet of licensee's pipeline that occupies City rights-of-way and City-owned property, to the extent it is the best, presently-available information. If the initial information is not provided in G.I.S. format, licensee shall provide the required information formatted to be compatible with the City's G.I.S. software within 180 days of the granting of the license. "(b) VV'rthin sixty (60) days of any change to the configuration of licensee's pipeline within City rights-of-way and City-owned property, licensee shall file with the City Engineer updated, accurate maps of licensee's pipes within City rights-of-way and City- owned property. All maps shall be in digital format compatible with the City's G.I.S. software, except as the information is permitted to be deferred in subsection (a) of this section. "(c) W'C~hin one year of the effective date, licensee shall update its maps required by this section to identify licensee's previously abandoned pipe, not included in the pipe reported in Section 49-93(a)(1) and (2). "Sec. 49-95. Form of license. A license must be substantially in the form set forth in the Appendix to this article. "Sec. 49-96. Consideration for license. "(a) License fees. As consideration for the grant of the license, licensee shall pay the City an annual license fee consisting of the following, adjusted as provided below: "(1) For pipeline of six inches (6") or less outside diameter: 7 "a. A sum of money representing five hundred dollars ($500.00) per crossing per year, multiplied by the number of crossings made by licensee's pipeline. "b. A sum of money representing one dollar and 25/100 ($1.25) per linear foot, multiplied by the number of linear feet of licensee's pipe located in City rights-of-way or City-owned property. "(2) For pipeline of diameter greater than six inches (6"): "a. A sum of money representing f'n/e hundred dollars ($500), plus five dollars ($5.00) for each inch or part of an inch of pipe outside diameter over six inches (6") per crossing per year, multiplied by the number of crossings made by licensee's pipeline. "b. A sum of money representing one dollar and 25/100 ($1_25), plus five cents ($0.05) for each inch or part of an inch of pipe diameter over six inches (6") per linear foot, multiplied by the number of linear feat of licensee's pipe located in City rights-of-way or City-owned property. "(b) For purposes of calculating the number of linear feet occupied by licensee's pipeline, it is presumed that each crossing includes one hundred fiRy (150) linear feet. The linear feet included in a crossing will not be included in the counting of linear feat for purposes of the license fee, unless the crossing actually ex~cds one hundred fifty (150) linear feat, in which case only the linear feet actually contained in the crossing in excess of one hundred fifty (150) feet must be counted. Each pipeline within a crossing counts as one crossing. "(c) The license fees in this article and charged to licensee are in the nature of compensation for licensee's use and occupancy of the City fight-of-way and City-owned property. The license fees are payable in advance each year by October 1, and constitute payment for the annual period beginning October 1_ Initial payments upon granting of licenses must be pro-rated to October 1. "(d) Adjustments of linear foot license fee. The linear foot and crossing fees established in this article will be adjusted each year by the cumulative percentage increase in the Consumer Pdce index as described in this article, as measured from the $1.25/$500 base in effect on the effective date of this article. The Director will calculate {he linear foot license fee for each succeeding year after the effective date based on the original license fee shown above adjusted by the Consumer Pdce Index, All Urban Consumers, U.S. City Average -All Items (1982-84=100) ("CPI"), and provide the calculation to licensees by Apdl I of each year, beginning on April 1, 2005. "(e) Late fee. Each required annual payment must be made in advance on or before October 1 of each year of the license. Late payments wll accrue interest from October 1 to the date payment is received by the City at the rate of five percent (5%) over the per annum rate of interest announced as the IPrime Rate" for commercial loans as published in the Wall Street Journal or equivalent, as selected by the Director, as of 8 October I or each year. However, the interest rate may never ex. cd the maximum lawful rate permitted by applicable law. "(f) Pipeline extension_ If licensee extends its pipeline beyond the conf'~uration described in its license and if any part of the extension occupies City rights-of-way or City-owned property, then the annual license fee described in Section 49-96(a) in this article must be adjusted accordingly. For purposes of determining when any new occupation of City rights-of-way or City-owned property begins, licensee shall use the date on which construction commenced or existing pipe was acquired. Any increment to the annual license fee that results from the extension is first due to the City in the October payment subsequent to the commencement or acquisition of the extension. The initial payment for the increment shall be prorated to October 1. For example, if licensee's extension adds 1000 feet of pipe to its system, 100 feet of which occupies City rights-of-way, and the extension is commenced or acquired on March 31, 2005, the increment to the annual license fee owed the following October would be % x $1.25 (as adjusted) x 100, or $67.25, plus $250 for any additional street crossing, if any. "(g) Pipeline reductJon. If licensee sells pipe it has in City rights-of-way or under City- owned property, then the license fee described in this Section will be reduced effective October 1 following the date of sale in an amount equal to the fee that would have otherwise been charged for the linear feet and crossings included in the pipe sold_ Provided, however, licensee shall fumish a copy of the transfer document to the City and shall by contract require any third party purchaser of its pipe to obtain a license from City for licensee's pipe to be acquired, and licensee may not dose a pipeline sales transaction with a third party purchaser until that purchaser has obtained a license from the City. Licensee's fee may not be reduced until the third party purchaser has obtained a license. "(h) As used in this section, Usells° includes sale, trade, transfer, assignment, gift or other conveyance, and "third party purchaser" includes any person to whom the pipe is sold, traded, transferred, assigned, given, or conveyed; provided, however, the City, if it is the purchaser, is not required to obtain a license. "(i) If licensee abandons or otherwise reduces the amount of pipe it has in City rights-of- way or under City-owned property any time dudng the term of its license, then the license fee described in this section will be reduced starting October 1 following the date of written notification to the City in an amount equal to the fee that would have otherwise been charged for the abandoned pipe and abandoned crossings. Licensee may leave abandoned pipe in place, whether abandoned before or after the grant of a license under this article, unless the Director requires licensee to remove the abandoned pipe as the Director determines necessary to facilitate City operations or protect the public safety. Upon notice from the Director, licensee shall promptly remove the specified abandoned pipe, notwithstanding expiration or termination of the license. If licensee abandons pipe, licensee remains responsible for complying with legal abandonment processes and for the safe condition of the facilities and appurtenances after the pipe is abandoned, notwfthstanding expiration or termination of the license. City will not assume ownership or control over the abandoned facilities and appurtenances, and the City assumes no responsibility for their maintenance and safety, unless the City in 9 writing accepts a particular facile. Section 49-98(e) continues to apply to any facilities and appurtenances not removed by licensee after abandonment. If licensee removes pipe, the licensee shall restore the City property, at the sole cost of the licensee, under Section 49-98(c). "(j) Additional pipe found. Licensee must endeavor, pdor to obtaining a license, to identify all of its non-abandoned pipe within the City, and the non-abandoned pipe must be described in the license. If, however, additional non-abandoned licensee pipe is subsequently identified by the City or by licensee, which has not been identified in licensee's license, licensee shall pay to the City the incremental amount which licensee would have paid to the City if the additional pipe had been included in licensee's license, plus interest from the date of the license to the date the license is modified to include the additional pipe at the rate of five percent (5%) over the per annum rate of interest announced as the "Pdme Rate" for commercial loans as published in the Wall Street Journal or equivalent, as selected by the Director, as of October I of each year. However, the interest rate shall never exceed the maximum lawful rate permitted.by applicable law. "Sec. 49-97. Accounting. "(a) Recordkeeping. Licensee shall maintain books and records sufficient to support the calculation and payment of license fees under this article. "(b) Audit. City may cause, upon reasonable notice, an audit to be made of the books and records of licensee relating to licensee's performance under this article and its license. The omission by City to exercise its dghts to any audit at any time may not constitute a waiver of the right. In the event that City elects to exercise its right of audit, City will provide to licensee written notice at least five (5) business days in advance of the audit_ City will select the auditor. Licensee shall make available to the auditor personnel and records reasonably necessary to complete the audit, and City has the dght to copy pertinent licensee records_ Licensee shall answer questions and provide records or information within fourteen (14) business days of any written request. City will bear the cost of any audit. City and licensee shall meet and attempt in good faith to resolve any disputed issues arising from the audit report. "Sec. 49-98. Construction, maintenance and operations. "(a) Costs. Licensee is solely responsible for all costs and expenses of any nature relating to its pipeline, including but not limited to construction, installation, maintenance, operation, and future repair of any portion of the licensee's pipeline that occupies City rights-of-way or City-owned property dudng the term of the license. "(b) Maintenance and construction. "(1) Licensee's pipeline must be constructed and maintained in conformity with all applicable federal, state, and local laws and regulations governing operations in the City rights-of-way and City-owned property, and may not unduly (in the opinion of the Director) interfere with traffic over streets, alleys, and sidewalks, the flow of storm water in any gutter, drain, sewer, or open drainage system, or 10 with City water, wastewater, storm water, gas utility, park, airport, landfill or other City operations, whether the traffic, flows, or operations are existing or planned. "(2) Licensee may not impede any City rights-of-way or any City-owned property for longer or to a greater extent than is reasonably necessary to execute any of its work. "(3) "Constructed and maintained," as used in this section, includes installation, construction, maintenance, and repair of the licensee's pipeline. "(c) Restoration_ Any portion of City rights-of-way or City-owned property disturbed by licensee in the construction or maintenance of its pipeline must be promptly restored at completion of the work to the same or better condition as it was in before the commencement of the work. Should the City reasonably determine, within one year from the date of the restoration activities, that{he portion disturbed requires additional restorative work in order to place it in its original condition, licensee shall perform the additional restorative work to the reasonable satisfaction of the City. "(d) City approvals. "(1) In maintaining its pipeline, licensee may not disturb City's street pavement, water, wastewater, gas, storm water, park, airport, landfill or other City-Owned Facilities without first obtaining the approval of the Director, except dudng an emergency. As soon as practicable after an emergency disturbance, licensee shall provide a w[itten report to the Director stating the nature of the emergency and the work required to alleviate the emergency. "(2) Before constructing extensions or new improvements, licensee shall obtain approval of the Director to assure consistency with existing and planned City facilities and other facilities and public safety. "(e) Relocations. City reserves the right to construct, maintain, and modify City-owned facilities for City operations. City will give thirty (30) days pdor written notice to licensee whenever City has determined that removal, relocation, change or alteration to the licensee's pipeline is reasonably necessary for construction, maintenance, modification, or operation of City-owned facilities. The amount of notice will be reasonable under the circumstances. Upon wdtten notice by City, licensee shall, at licensee's expense, temporarily or permanently remove, relocate, change, or alter the position of the affected portion of the licensee's pipeline. "(t~ Damage to City facilities. If licensee's construction or maintenance activities result in damage to any City facilities, requiring the City to repair the City facilities, City will invoice licensee for City's costs to make the repairs, plus 10%, and licensee shall reimburse the invoiced amount to City within 10 days of the date of invoice. "Sec. 49-99. Insurance. "Licensee shall (or require its contractors to) provide and maintain insurance, at its own expense, with companies admitted to do business in Texas, in the type and amounts for 11 the term of the license as may be required by the City's Risk Manager under § 17-15(b), City Code. "Sec. 49-100. Termination. "(a) A license issued under this article may, at the option of the City, terminate upon the occurrence of any one or more of the events described below (collectively referred to in this article as "events of termlnatJon'). In the event of occurrences under paragraphs (1), (4), or (5) of this subsection affecting only a portion of licensee's pipeline, the City may choose to apply these termination provisions to only those effected portions of the pipeline. Each event of termination is a separate and independent basis for termination of the license (or application of each event of termination to the affected pipeline or portion of an affected pipeline, as applicable)_ The events of termination are as follows: "(1) The City Council, in its legislative discretion, determines that the existence or operation of a pipeline, or any part of a pipeline, in the City right-of-way or City- owned property constitutes a h~:,-rd, nuisance, or other threat to the public health, safety, or welfare. Termination under this paragraph must be by ordinance and become effective after licensee has been given one hundred eighty (180) days' notice of the termination, unless circumstances comprising an emergency warrant more immediate termination. "(2) Licensee fails to timely pay any of the fees in this article provided for or is delinquent in the payment of any charges due under the license. "(3) Licensee fails to maintain at any time the insurance as required in this article. "(4) Licensee fails to commence or thereafter to diligently prosecute to completion any required maintenance, repair, or other work required by this article to be done by licensee within thirty (30) days after being notified of the required action by the Director. In the event of an emergency, notice is deemed given and received after telephone contact with an authorized officer or director of licensee, and licensee shall commence the requested repairs within twenty- four (24) hours. "(5) Licensee abandons the pipeline. "(6) Licensee fails to comply with any of the terms, conditions, or provisions of the license or this article. "(7) Licensee commences dissolution or some other similar proceeding that would impair, modify, alter, extinguish, or significantly change licensee's ability to perform licensee's obligations under the license or this article. "(b) Upon the occurrence of an event of termination described in subsection (a)(1), the event of termination may not be cured by licensee, and the license shall terminate in the manner and under the applicable provision of the subsection. 12 "(1) Upon the occurrence of one or more of the events of termination other than in subsection (a)(1), the Director shall so notify the licensee in the manner provided in the license. "(2) After the notice, licensee shall have thirty (30) days in which to cure the event of termination. "(3) Should licensee fail or refuse to cure the event of termination with the thirty (30) day time pedod prescribed, the City Manager may terminate the license; provided that if licensee commences efforts to cure the event of termination within thirty (30) days after receipt of the written notice and thereafter prosecutes the efforts with reasonable diligence in the sole determination of the City until the event of termination is cured, then the event of termination shall cease to exist and no action to terminate the license will be taken. "(c) Failure of the City to enforce its dghts and remedies under this section with respect to one event of termination may not operate as a waiver of the City's right to thereafter enforce its dghts and remedies with respect to the continuing event of termination or another event of termination. Termination of the license may not waive, release, or satisfy any duty, covenant or obligatJon of licensee under this article or the license which licensee has not fully performed as of the time of termination. "Sec. 49-101. Asslgnment/subliceneing. "A license shall be personal to licensee. However, licensee may assign a license to other entities provided that, prior to the assignment, it first obtains the City Manager's written consent to the assignment. City Manager may not unreasonably withhold consent to the licensee's request to assign its license. In the event of any transfer of the license to a third party, all of the benefits and obligations created by a license will inure to the benefit of and become binding upon the assignee. Notwithstanding any of the foregoing, licensee may assign its interest in the license to any licensed affiliate without the prior written consent of City, but the assignment may not relieve licensee of any of its obligations or liabilities under its license, whether accrued or unaccrued. "Sec. 49-102. Violation of Article. "(al It shall be a civil violation of this article for a person to knowingly make a material misrepresentation of any information reported under this article or to own, maintain, operate, acquire, construct, install, or extend a pipeline in City-owned property or City rights-of-way except under the provisions of this article. "(b) A material and willful violation of any section, subsection, or part of this article is grounds for revocation of the license. "(c) The City will also be entitled to injunctive relief in a court of appropriate jurisdiction to prevent violation of or to compel compliance with the provisions of this article, in addition to all other dghts and remedies available to the City. R46208P.3.doc 13 "APPENDIX "AGREEMENT GRANTING A PIPELINE LICENSE TO UNDER ARTICLE VII, CHAPTER 49, CITY OF CORPUS CHRISTI CODE OF ORDINANCES, GRANTING THE RIGHT TO USE CERTAIN CITY RIGHTS-OF- WAY AND CITY-OWNED PROPERTY FOR PIPELINES THROUGH SEPTEMBER 30, 2012. "WHEREAS, ("Licensee") has made application to the City of Corpus Christi, Texas ("City") for a pipeline license in order to use certain City rights-of-way and City-owned property for pipeline purposes, under Article VII, Chapter 49, City's Code of Ordinances ("Article VII'); and "WHEREAS, the City has determined that Licensee's application meets the requirements of AJlJcle VII; "NOW, THEREFORE, LICENSEE AND CITY HEREBY AGREE AS FOLLOWS: "SECTION t. Grant of License. The City grants to Licensee a license to operate, alter, inspect, repair, replace with like property, remove, construct, extend, or abandon the Licensee's pipeline within the City rights-of-way and City-owned property as specified and described in Exhibit A, attached to this license and incorporated into it for all purposes. This license is granted under and subject to Article VII, the provisions of which are incorporated in this license and made part of this license for all purposes. The license granted commences on execution of this license by City and Licensee, and expires at midnight on September 30, 2012. unless eaHier terminated under the provisions of Article VII. "SECTION 2. Definitions contained in ArtJcle VII apply to those terms as they are used in this license_ "SECTION 3. Application Fee. City acknowledges receipt of Licensee's application fee of $25O.0O. "SECTION 4. License Fee. As consideration for the use of City fights-of-way and City- owned property, Licensee shall pay the license fee as set forth in Section 49-96, C~'s Code of Ordinances. "For the pipe described in Exhibit A, Licensee's initial license fee is calculated as follows: Total number of linear feet of pipe in City rights-of-way and City-owned property, with diameter of six inches (6") or less: Total number of linear feet of pipe in City rights-of-way and City-owned properly, with diameter of greater than six inches (6"), identified by pipe diameter. "C. Total number of crossings of City rights-of-way occupied by pipe with diameter of six inches (6") or less: R46208.A.3,doc 14 "D. Total number of crossings of City rights-of-way occupied by pipe with diameter greater than six inches (6'), identified by pipe diameter: Linear foot fee = "A" times $1.25 + "B" times [$1.25 plus $0.05 for each inch, or part of an inch, of pipe with diameter greater than six inches]: $ Crossing fee = "C" times $500 + "D" times [$500 plus $5 for each inch, or part of an inch, of pipe with diameter greater than six inches]: $ "E. Plus CPI adjustments and late fees, if any. "F. Licensee's first payment under this license, in the amount of $ (linear foot fee plus crossing fee), has been received by the City before or at the time of execution of this license. "SECTION 5, Recordation of License. This license will be recorded by Licensee in the official records of real property of the county in which any of the pipelines that are the subject of this license are located. The Licensee shall pay the recording costs. Licensee shall provide a copy of the recorded instrument to the City. "SECTION 6, Indemnification. By its acceptance of this license, Licensee covenants and agrees to fully indemnify and hold harmless the City and the elected officials, employees, officers, directors, volunteers, and representatives of the City, individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penaYdes, proceedings, actions, demands, causes of action, liability, and suits of any kind and nature, including but not limited to, personal injury or death and property damage, made upon the City, directly or indirectly arising out of, resulting from or related to Licensee's activities under this license, including any acts or omissions of Licensee, and any respective agent, officer, director, representative, employee, consultant, or sublicensee of Licensee, and their respective off'lcers, agents, employees, directors and representatives while in the exercise or performance of the rights or duties under this license, all without, however, waiving any governmental immunity available to the City under Texas law and without waiving any defense of the parties under Texas law. The previsions of this indemnification are solely for the benefit of the parties to this license and are not intended to create or grant any dghts, contractual or otherwise, to any other person or entity. Licensee shall promptly advise the City in writing of any claim or demand against the City or Licensee known to the Licensee related to or arising out of Licensee's activities under this license and shall see to the investigation and defense of the claim or demand at Licensee's cost. The City shall have the right, at its option and at its own expense, to participate in the defense without relieving Licensee of any of its obligations under this paragraph. This indemnification survives the termination or expiration of this license. "SECTION 7. Notices. All notices required or permitted by the terms of this license and Article VII, are deemed sufficient if given by personal delivery, or facsimile, or by prepaid, certified mail and addressed to each party as follows: "Notice to City: City Manager City of Corpus Christi P.O. Box 9277 R46-zOsA3.doc 15 Corpus Chdsti, Texas 78469.9277 Telephone: 361 880-3220 Facsimile: 361 880-3839 "Director of Engineering Services City of Corpus Chdsfi P.O. Box 9277 Corpus Chdsti, Texas 78469-9277 Telephone: 361 880-3500 Facsimile: 361 880-3501 "For overnight delivery: 1201 Leopard Street Corpus Christi, Texas 78401 "Or to any other addresses as may be designated in writing by the City. "Notice to Licensee: "Or to any other addresses as may be designated in writing by the Licensee. "SECTION 8. Applicable law. This license must be construed under and in accordance with the laws of the State of Texas and all obligalJons of the parties created under this license are performable within the incorporated limits of the City of Corpus Chdsfl, Texas. "SECTION 9. Venue. Venue for any cause of action brought under this license shall be the State courts of competent judsdictJon in Nueces County, Texas, unless Texas law requires a matter to be submitted to a particular regulatory body or court outside Nueces County. "SECTION 10. Condemnation. In the event City-owned property or City rights-of-way are taken, in whole or in part, by a governmental authority other than City, all rights created by this license may, at the option of the City, as to the condemned real property, cease on the date title to the land so taken or transferred vests in the condemning authority. Licensee will not have right to any proceeds of the condemnation. Licensee has the right to seek a separate condemnation award. Nothing in this license may be construed to limit City's condemnation authority. "SECTION 11. Attorneys Fees. In the event either party bdngs any action under this license alleging that the other party to this license has defaulted on or breached obligations created by this license, the party who prevails is entitled to recover its reasonable attorneys' fees from the losing party. "SECTION 12. Waiver. Failure of either party to require the performance of any term in this license or the waiver by either party of any breach of this license does not prevent subsequent enforcement of this particular term and is not deemed a waiver of any subsequent breach. 16 "SECTION 13. Clalrns reserved. The City does not, by the granting of this license, waive any claims it may have against Licensee for payments related to past occupancy of City rights-of-way or City-owned property by Licensee's pipe, and nothing contained in this license operates as a bar to City's actions, undertaken at City's sole discretion, to seek to recover payment of the claims. "SECTION t4. Compliance with o~er ordinances. Nothing in this license relieves Licensee from full compliance with the City's Pipeline Safety Ordinance provisions, found in Article VII, Chapter 35, City's Code of Ordinances.. Nothing in this license may be construed to grant Licensee permission, as required by Section 55-3 of the City Code, to serve natural gas customers within the City. "SECTION 15. Relationship of par'des. This license may not be construed to create behveen City and Licensee the relationship of partnership, joint venture, principal and agent, or any relationship other than that of City and Licensee as established by the provisions of this license and Article VII, nor may it be construed to be for the benefit of any third party other than City and Licensee_ "EXHIBIT a "(Description of Licensee pipeline)" SECTION 2. Section 49-60, Code of Ordinances, is revised to read as follows: "Sec. 49-60. Establishment of Policy; definitions. "(a) The following is the established policy to be used by the City to establish and fix compensation to be charged users of City rights-of-way and City-owned property for the privilege of constructing, installing, maintaining, and operating pipelines to carry any substance or solid, liquid, or gaseous material within the City rights-of-way or City- owned property, and establishes a rate from which a fee is to be computed and paid to the City for this use. "(b) It is the policy of the City that all pipeline users of City rights-of-way and City-owned property must have the consent of the City to occupy the City rights-of-way and City- owned property through a license granted under Article VII of this Chapter 49 or through a franchise or other grant by the City Council and must pay fair and reasonable compensation for the grant. "(c) It is also the policy of the City that if any pipeline user should occupy City rights-of- way or City-owned property without consent, that unauthorized user must pay the compensation prescribed in this article for the use. "(d) For purposes of this article, the following terms shall have the meanings prescribed in Article VII of this Chapter:. "pipe," "pipeline,' "abandoned," "City rights-of-way," "City- owned property," "crossing," "effective date," and "Director." 17 "(e) This article also establishes the policy to establish and fix a fee to be charged users for the privilege of placing monitoring and recovery wells and associated piping within City rights-of-way. "(f) The fees in this arUcle are found by the City Council to constitute fair and reasonable compensation for the occupation of the City rights-of-way or City-owned property by unauthorized pipelines and by monitoring and recovery wells. SECTION 3, Sections 49-62, 49-63, and 49-64 of Article IV, Chapter 49, Code of Ordinances, are repealed. Any other ordinance in conflict wffh this ordinance is repealed to the extent of the conflict. SECTION 4, Section 49-61(b), Code of Ordinances, is redesignated as Section 49-62, and is revised to read as follows: "Sec. 49-62, Fees for use of public ways by monitoring or recovery wells. The following items shall be .used in computing the right-of-way use I:ee: "(1) The basic rate for the installation of each monitoring or recovery well within the City's right-of-way is two hundred fifty dollars ($250.00) for a well that is twelve (12) inches or less in diameter and twenty (20) feet or less in depth, plus ten dollars ($10.00) per inch of nominal diameter over and above twelve (12) inches in diameter and ten dollars ($10.00) of depth over twenty (20) feet in depth. This basic rate allows the monitoring or recovery well to remain in place for up to two (2) years. The basic rate is increased by one hundred dollars ($100.00) for each additional year authorized in the permit agreement. "(2) The basic rate charged for use of any portion of the right-of-way that will be used for any pipelines associated with a recovery well will be charged at the same rate as the street rate or pipelines. "(3) Rate charges do not apply for vaults, manholes, valve boxes, or similar appurtenances; however, the lineal foot charges as prescribed in paragraph (1) of this section must be computed continuously through any structure along a straight center line projected between the connection orifice(s) of a pipe in the structure." SECTION 5. Section 49-61, Code of Ordinances, is revised to read as follows: "Sec. 49-61. Fees for use of public ways by unauthorized pipelines. "(a) Unless provided differenUy in a license granted under Article VII of this Chapter or in a franchise or other grant by the City Council, a person who owns or operates a pipeline located within the City that occupies City rights-of-way or City-owned property without authorization shall pay for the use the compensation provided in this section_ "(b) A public utility, as defined by Texas Tax Code Section 182_025(3)(A), which owns or operates a gas or water pipeline used for local sale and distribution located within the City, shall pay for the use of a city street, alley or public way a charge of two percent of 18 the public utJlity's gross receipts from the sale of gas or water within the City by means of that pipeline. I[ the a public utility also uses City-owned property or other property not included in the statutory scope of "city street, alley, or public way," the public utility shall additionally pay for the City-owned property or other property the charge prescribed in subsections (d) and (e) of this section. "(c) A person not a public utility, as defined by Texas Tax Code Section 182,025(3)(A), which owns or operates a pipeline used for local sale and distribution located within the City, shall pay for the use of City rights-of-way and City-owned property the charge prescribed by Section 49-70 or the charge prescribed by subsections (d) and (e) of this section, whichever is greater. "(d) A person who owns or operates a pipeline located within City rights-of-way or City- owned property, other than a pipeline subject to subsections (b) or (c), up to six inches (6") in diameter (not including vaults, manholes or similar appurtenances), shall pay to the City annually: "(1) $1.50 per linear foot of pipe in City rights-of-way or City-owned property (excluding street crossings); and "(2) $550 per street crossing crossed by the pipeline. "(3) An additional annual fee for pipelines exceeding six inches (6") in diameter of ten cents ($.10) per linear foot for each inch or part of an inch over six inches plus ten dollars ($10.00) per inch or part of an inch over six inches (6') for each street crossing. "(e) The linear foot and street crossing amounts will be adjusted effective each October 1, with the first adjustment October 1, 2005, by the cumulative percentage increase in the Consumer Price Index - All Urban Consumers, U. S. City Average - All Items (1982-84=100) as measured from the $1.50/$550 in effect on the effective date. The Director will calculate the linear footJcrossing charge for each succeeding year after the effective date and will make the calculation available to users upon request by April 1 preceding the October 1 payment due date. "(f) Payment of the fees required by this section must be made annually in advance before October 1 of each year. Late payments shall accrue interest from October 1 to the date payment is received by the City at the annual rate of 10% or the highest allowable legal rate of interest, whichever is less. The fee for the partial year from the effective date of this ordinance until October 1 shall be pro-rated, and shall be due on the 60th day after the effective date of this ordinance. The fee for any new unauthorized pipeline shall be pro-rated for the year of installation. "(g) Within sixty (60) days of the effective date, owners and operators of unauthorized pipelines subject to the fee imposed by this section shall notify the City Manager of the number of linear feet of pipeline they own or operate within City rights-of-way and City- owned property, the diameter of the pipelines, and the number of crossings by the pipelines. 19 "(h) VV'~hin sixty (60) days of the effective date, owners and operators of unauthorized pipelines subject to the fee imposed by this section shall identify to the Director in writing all of their pipelines in City rights-of-way and City-owned property. The location information must be provided using G.I.S. technology compatible with the City's G.I.S. software. As an alternative to using G.I.S. technology, the owners and operators may use alignment sheets, surveys or as-built drawings as a means to locate their pipelines and for calculating the total number of linear feet of the pipelines, to the extent it is the best, presently-available information. If the initial information is not provided in G.I.S. format, the owners and operators shall provide the required informa§on formatted to be compatible with the City's G.I.S. software within two hundred forty (240) days of the effective date. W'~hin sixty (60) days of any change to the configuration of the pipelines within City rights-of-way and City-owned property, the owners and operators shall file with the Director updated, accurate maps of their pipelines in City rights-of-way and City-owned property, in digital format compatible with the City's G.I_S. software. VV'ithin one year of the effective date, owners and operators shall update the maps required by this subsection to identify the location of their abandoned pipe. "(i) Should the compensation in this article for unauthorized pipelines, or some part of the compensation or its application to a particular situation, be held by a court of competent jurisdiction after exhaustion of final appeals to exceed the amount that by law may be prescribed, then, to the extent of the court's holding, the compensation is reduced to the highest rate permitted by law to be levied by the City. The compensation in this article remains in effect for all situations and applications not addressed in the courts holding. Any owner or operator of a pipeline who contends that the amount prescribed in this article exceeds the amount that by law may be prescribed must, prior to the October 1 due date, tender a written explanation clearly specifying the reasons for the contention and must tender any amount of payment that is not being disputed. "(j) This article does not authorize any person to have pipelines in City fights-of-way or City-owned properly without the consent of the City granted or authorized by ordinance upon the terms as the public interest may require and City retains all its legal remedies to have unauthorized pipelines removed. Provided, however, lack of authorization may not excuse failure to pay the fees prescribed in this article. By allowing its pipeline to remain in City rights-of-way or City-owned property without express wdtten authorization, the pipeline's owner or operator agrees to pay the compensation provided in this section." SECTION 6. The City Council previously directed the City Manager to provide notice of revocation of all revocable easements, use privilege agreements, and similar dghts granted for pipelines in City rights-of-way and City-owned property consistent with the terms of the granting instrument. The rights under any revocable easements, use privilege agreements, or similar dghts granted remain in effect until the revocation notice requirements, if any, have been satisfied. SECTION 7. Adoption of this ordinance does not release or waive claims of the City against any person for occupation of City rights-of-way or other property prior to adoption of this ordinance. 20 SECTION 8. Pipelines of the City of Corpus Chdsfi are exempt from this ordinance. SECTION 9. The effective date of this ordinance is the date of final passage by the City Council. SECTION t0. This ordinance does not enact a criminal penalty for violation of the provisions it adopts; however, the City has all civil remedies available to enforce the provisions. Nothing in this ordinance may be consb'ued to limit the City in its exercise of the police power for the public health, safety, and welfare. SECTION 1'1. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconsth~.ddonal by final judgment of a court of competent jurisdiction, it may 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 12. Publication shall be made in the official publication of I~e City of Corpus Chdsti as required by the City Charter of the City of Corpus Christi_ Samuel L. Neal, Jr_ Brant Chesney Javier D_ Colmenem Melody Cooper Henry Garrett That the foregoing ordinance was read for the first time and passed to its second reading on this Ifle day of ,2004, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That l~e [oregoing ordinance was read for the second time and passed finally on this the __ day of Samuel L. Neal, Jr. Brent Chesney Javier D_ Colmenero Melody Cooper Henry Garrett PASSED AND APPROVED, this the ATTEST: ,2004 by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott day of Armando Chapa City Secretary APPROVED: 22"d day of September, 2004: R./~yy.l~eining .~ First Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor 21 34 CITY COUNCIL AGENDA MEMORANDUM October 26, 2004 AGENDA ITEM: Consideraflo~ of an appeal by NuPAC, Inc. from the Corpus Chdsfi Cable Communications Commission's decision to dec~ NuPAC, Inc. as the Channel 10 Public Access User Group ISSUE: On October 11, 2004, fl'm Cable Communications Commission voted to dece~ NuPAC, Inc. as the Public Access User Group for Channel 1_0. REQUIRED COUNCIL ACTION: The City Charter, Article VI, Boards and Commissions, Section 2 states that an appeal may be taken to the city council [TOm any decision of any board, commission, committee, or other body. Susan Cable Director of E-Government Senses Attachments: Background Info~Tnafion City Council Procedures for Conducting an Appeal of Board/Commission Decision Summary of Rules and Procedures for Public Acce5.~ Cablacesting - Roles and Reaponsibililies Approved Minutes [Tom July 19, 2004, August 30, September 27, 2004 Memos [Tom Time Warner to NuPAC, Inc. Lelter from Commissio~ Chair to NuPAC dated September 14, 2004 Sel:Rember 30, 2004 letter identJyng instances of noncompliance Draft minutes [rem October 11, 2004 Appeal notice [Torn NuPAC. Inc. Response from Chair of the Cable Communications Commission The Rules and Prnc~ures BACKGROUND INFORMATION The franchise agreements w~th the cable operators provide for the creation of [wo public access channels, currently Channel 10 and Channel 18. The City Council appoints members to the Cable Communications Commissicm. The City Council adopted the ordinance establishing the Rules and Procedures for Public A_~-~ Cablecasting in ~ Master Cable Sen~:es Regulafop/Ordinance, (the 'Rules and Procedures.') City ordinence authorizes the Commission to cerl~fy a group as Ihe 'public ~ user group" or 'PAUG" to edminister the Rules and Procedures for each public ac.-~-~s channel City ordinance provides that the PAUGs are organic,ed separately and independently from the city and are not boards, commissions, committees or any other subdivision of the city. The Rules and Procedures establish certain roles and msponsibitYdes for the PAUG. The roles end responsibilities for the PAUG are summarized below:. The PAUG organizes themselves according to by-laws, with officers and Board of Directors. There is only one PAUG for each public access channel. The PAUG conducts tirneslot lotteries twice a year, where producers selec~ times for program. The PAUG receives and schedules programs. The PAUG collects applications from producers. The PAUG administers the Rules and Procedures. The PAUG establishes deedline for pickup and dstivery of tapes in cooperation with cable opemtom. ']"he PAUG submits user applications to cable operator. The PAUG receives and timely responds to complaints, and if necessary, the PAUG issues notices of violations of the Rules and Procedures to individual producem. The Rules and Procedures establish certain roles and responsibilities for the individual producers, which include,: Us~'s may appeal PAUG nofioes of violations of the Rules and Proc~:lures to the Commission, then to City Council. Users must complete a programming contract. Users may not submit any program which contains ob__ece_ne or indecent material Usem must participate in the fimeslot Iotten/. Usem must obtain authority for copyrighted information. Usem must not submit commercial edverttsements. Users must include proper identification on all submitted programs, propedy labeled. Users must submit programming which rnee~ technical standards and production requirements_ User forfeits timeslot until next lottery if user ~ails to supply tapes for b~3 consecutive weeks. Users are only allowed one program to air per v..~c~, waft one repe~t. Section 2-180 of ~ Cib/Code of Ordinances establishes a Cable Communications Commission ('Commission') for the City, which consists of five members. The dudes of ~ Commissien include: Certifies a group as a 'public access use~ group" for each public access channel. Mediates any disputes brought to it by the PAUG. Arb~ates conflicts on requests for time slots. Establishes guidelines regarding commercial advertisement on public access channels. May recommend to City Council amendments to the Rules and Procedures. Conducts hearings of appeals to violation nolJces from the PAUG. Establishes rules and regulations for use of the public access channels until such time as a public access user group has been certified. The roles and responsibilities am further defined on the attached exhibit, Summary of Rules and Procedures for Public A~.~,~ Cablecas'dng, Roles and Responsibilities_ In March 2003, the Commission certified NuPAC, Inc., as the access use~ group for Channel 10 PAUG. NuPAC, Inc. is a Texas domestic nonprofit corporation, with its articles of incorporation on file wdtl the Secretary of State. On Apd122, 2004, NuPAC, Inc. elected new officers. Staff met with the president and made copies of the recenlJy revised Rules and Procedures for distribution to the praducem. At the July 19. 2004 Commission meeting. Channel 10 pmducem brought complaints regarding the NuPAC board to the Commissi(m The Commisaio~ offered suggestions for NuPAC In response to issues raised dudng public comment period_ The Commission suggested that NuPAC take the following actions: look at by-laws carefully, look at executive board duties, review complaint process, review rules and mgulafiom, and review roles and responsibiT~des. At the August 30, 2004 meeting, the minutes from that meeting provide in part: 'Chairpemon Richard Pulido communicated-that he had discussions with the Mayor, several Council Membem, Time Warner, Channel 10 PAUG president Cruz Cofomo, Channel 10 PAUG past president Bob Klepac, and several commissionem. Mr. Pulido recommended that the Channel 10 PAUG wonk as a team to resolve tape problems and compliance with City Ordinance, and that the officem hold a full membemhip meeting fo~ the group to resolve current issues and move fon~ard together. Mr. Pulido also stated that his preference was to provide pardons for complaints and begin focusing on improvements. [Commisaioner] Juan Garda expressed that the complaints were brought to ~ Cable Commission and should be K. D. Logan conveyed that the NuPAC board is incomplete and only one pemoo is in charge. Mr Pulido indicated that was an intemal issue and that the Channel 10 PAUG must sit down tngelher and resolve those problems. [Commissioner] Sylvia Dancer suggested that Channel 10 PAUG have an election if lite board is not complete. Cruz Colomo commented that she was told them would be no attacks dudng this meating, that she was elacted by NuPAC on April 22, 2004, and that, if Bob Klepac would have handed eye.thing over, there would be no problems at this time...' The Commission then reviewed three memos sent to NuPAC by Time Warner regarding vanous public m programs that were not in compliance with the Rules end Procedures. A copy of these rnernos is altached. The Cornmissio~ also reviewed complaints filed by Jack Gordy regan:iing unautholized broadcast of a program and nolic~ of membership meeting, and complaints filed by K. D. Logan regarding his removal as officer of NuPAC. No action was taken by the board on these complaints. The Commissioners asked NuPAC to work together, rev~,.,:: and amend bylaws, and distribute copies of the bylaws and Rules and Procedures to all producers. At the September 27, 2004 meeting, the Commissio~ met in executive session to receive legal advice regarding the Commission's authority to decertify the Channel 10 public access user group and the Commission's rote as an interim public access user group. The NuPAC President then updated the Commission on NuPAC activities. The minutes state:: 'Richard Pulido asked Cruz Colomo to focus on the things she has done dining he~ admini~ation. Mrs. Colomo ~[~[ed that the Co~nissioo ~'....=ds to know what abe was left wi~ to understand her opinion_ She told the Commission that she did not have access to the studio, received no docurne~, there were 200 tapes left from the previous administration, studio was dir~, no latin'head, Bob Klepac had ail the utilities and phone disconnected, and them was a Police Officer present during the City audit of the studio. Mr. Pulido asked Mrs. Colomo how many rneetings took place and who attended the meetings. She stated they have held about 6-8 Board of Director meetings and she would get the list of meetings to Mr. Pulido. No other producer meetings have been held. Mrs. Cotomo said the next rc.c;~ng will be October 28, 2004. Dudng this meeting they will hold the lottery, address funding, and have a sgt. in arms present. Mr. Pulido asked Mrs. Colomo about the application process. Mrs. Colomo responded they have only received a few of the applications and are sending to Time Warner as they receive them. Mr. Pulido asked Mrs. Co~x~o if she could have all the applk~s~3els for all the producers to Time Warner by C)ctober 15, 2004: Emile Bolden said he would take all the applicatiorm w'nen he takes the tapes te Time Warner. Mr. Pulido expressed that he has heard that not all p,-c.,~ucem have been allowed to turn in tapes and asks the group of produca~ who atterKted Itm rnee6ng. Jack Gosdy commented ha has had problems and BOb Klepac mentioned Roland Gar-z.a has had problems but it was because of his tape formats. Mrs. Colomo stated that they have added 12-15 new producem and noted she does not have time to address all the complaints. Mr. Pulido asked Mr. Gordy how ha submits hiscomplatnts. Mr. Gordy responded that he malis one copy to Mrs. Cotomo's P.O. BOx and sends a copy of the complaint to the City. Mr. Pulido told Mr. Gordy that Mrs. Colorno r~.c...~s ample time to respond to his complaints. Susan Cable =,La[ed that the only complaints the City puts on agenda are ~ filed with the City Secretar~s Office. Mr. Putido and Mrs. Colomo began di_~c~__~sions on the studio and eduipmer~t and Norma Torres advised that the studio is not a Commission issue and they cannot get involved. Mrs. Colomo stated that they ~;~'~'e only able to use Ihme piece~ of paper fTom the IJle Mr. KJepac gave to them. they am working with the IRS and atete, and she now hes a laptop to usa e- mail as a form of communication.' The Commission than notified NuPAC that it was going to consider decerfir~afion at the October 11, 2004 rr, c~ng fix normempliance with the Rules and Procedures. The Commission directed staff to send a le{ter with an ove~,iew of the Rules and Procedures non-compliant issues with NuPAC. A letter was sent by City staff listing specific examples of noncompliance with the Rules and Pr _oced__ums. A copy of the le~er is attached. At the October 11, 2004 meeting, the Commission considered whether to decertifl/NuPAC as the Channel 10 PAUG for noncompliance wflh the Rules and Procedures. After review of the issues presented in the September 30, 2004 letter, the Comrnission voted to decertify NuPAC, Inc as the Channel 10 PAUG by a vote of 3 to 1. A copy of the draft minutes from that meeting is attached. NuPAC timely filed its appeal of the Commission decision. CITY COUNCIL PROCEDURES FOR CONDUCTING AN APPEAL OF BOARD/COMMISSION DECISION Prior to the appeal hearing, the Appealing Party shall file a perfected appeal with the City Secretary_ The Board/Commission whose decision is being appealed will be provided a copy of the appeal and given an opportunity to respond in writing_ The City Council will be given the appeal and the Board/Commission's response to the appeal in their City Council packet in order to review the information prior to the hearing. Responsibility of the City Council shall be to detemdne what the facts are and whether the facts constitute sufficient ~'ounds to decertifv NUPAC as the public access user group (PAUG). At the hearing, the Mayor will have each party (NUPAC and the Cable Communications Commission) identify the person who will present that pan'y's case. Parties are advised that each one will have a maximum of 20 minutes to present their side of the case. This means that NUPAC has a maximum of 20 minutes to present its complete case which includes both its initial presentation and its rebuttal and the Commission has 20 minutes to respond to NUPAC's initial presentation. NUPAC reoresentative to oresent its case to the Council. Commission representative to present its res0onse to NUPAC's initial presentation. NUPAC representative presents rebuttal. City Council questions, if any, to be asked only after all presentations have been made. Since the City Council is acting in a quasi-judicial capacity, City Council is not required to solicit general public comment. Public comment will not be solicited, since testimony of each party's representatives will provide information necessary for City Council to determine the facts and role whether those faces constitute sufficient grounds to decertify NUPAC as the PAUG. Citv Council deliberates and makes a decision to sustain or deny the a~peal. Summary of Rules and Procedures For Public Access Cablecasflng ROLES AND RESPONSIBILITIES City of Corpus Christi · City Council approves any recommended changes to Rules and Procedures for Public Access Cablecasfing · City will give cable operators 60 days written notice of any proposed amendment to the Rules and Procedures · City shall negotiate with cable operator any disputed amendments to the Rules and Procedures, and not impose great obligations or restrict the rights of any cable operator without the written consent of that cable operator Cable Communications Commta~ion · Certifies Public Access User Groups (PAUGs) · Mediates any disputes brought to it by a PAUG · May adopt rules regarding live feeds · May decide to add or delete formats according to current market use · Arbitrates conflicts on requests for time slots · Establishes guidelines for advertisement of coromercial products or services in an access program · May recommend to City Council amendments to the Rules and Procedures for Public Access Cablecasfing · Conducts headng for violation appeals from users Cable Operatm,s Provide ~ channel space on public access channels to adult residents in accordance with Rules and Procedures · Provide plug and play of public access programming according to schedule provided by PAUG · Coordinate with PAUG to establish tape delivery process · May recommend to City Council amendments to the rules · May not restrict programming, except as permitted by applicable law · May request to add or delete formats · Has no requirements to broadcast programs on defined holidays · May repeat programs as channel space allows, not to exceed one repeat per show · May not broadcast a public access program if a user or program violates one or more of the rules Public Access [J~er Groups · Organize themselves according to by4aws, with officers and Board of Directors · Only one access user group for each public access channel · Receive and schedule programming · Coordinate with Cable Operator to establish tape delivery process · Administer Rules and Procedures · May request to add or delete formats · Conduct fimeslet lotteries according to rules and procedures t~vica a year Submit User Applications to cable operator Secretary deter~nines first come, first served for occasional users Receive and investigate complaints, informing producers of any program that is the subject of a complaint through written notification via certified mail of the violation to the individual user and the organization Public Access Producem · Users may appeal PAUG Board decisions to the Cable Commission. then to City Council · Users must complete and sign a Programming Contract · All public access programming must be produced only by Users as defined (adult resident of the City who has paid any required PAUG dues, executed a Program Contract. produces locally non-commercial programs for public access channels, and shows proof of eligibility through valid identification, a local street residence address and a local contact telephone number) · Must not submit commercial programming for public access broadcast · Must not soticit contributions beyond defined parameters (501{3(3) status not to ex.cd five minutes) · Must obtain authorization for any copyrighted information · Must not submit programming which contains obscene or indecent material · Must include proper identification on all submitted programs · May not restrict programming, except as permitted by applicable law · Must conform to technical standards and production requirements under FCC Technical Standards (good quality, clear audio and video throughout program) · Submit programs in ½" VHS (SP spccd), Super VHS, or Consumer DV formats · Submit tapes rewound to beginning of tape · Submit tapes that have proper labeling, identification and length · May have one series, not to exceed one hour per week, with one repeat (may substitute another program for repeat) · Must submit applications with required information to PAUG two wccks pdor to each bi- annual timeslot lottery · Must participate in timeslet lottery · Forfeits timeslot until next lottery if user fails to supply tapes for two consecutive weeks for a weekly program or two consecutive months for a monthly program · Each user is entitled to vote on all matters pertaining to establishment of access user group bylaws and election of officers · Shall be ineligible to use public access channels for 30 days if a second adjudicated violation of rules occurs within 12 months after first adjudicated violation; and for one year if a third adjudicated violation occurs within 12 months after the first adjudicated violation NUTES CABLE COMMU CAT O S COMM SION July 19, 2004 I?RESENT Clmirm~. Richard Pulido, Vic, e-Chairpcrso~ Norma Torres, Sylvia ~ ami Adria Juan Garci~ Jr. City Staff Cable, ~ of F_,-Oovemment So'vices. Liaa Aguihr, As.s/stant City ,Almmey, Ired Holly McCarty, E-Government S~n-vices C_~l~ O~'~on pa,,h Kolda, Time Warner and Michcllc Johnson, Grande Communications Chahmun Richard Pulido called the meefin~ to order at 7]15 pm nt KEDT TV Studio and verifi~ ~ no--a-u~l~y quonmL The mima~ ~ February 23, 2004 meeting wer~ reviewed and approved. No, ma Tom~ motioned to approve the m~n.fes and Adrm Palacios t~cond~d the motion 1. MOMENT OF SILENCE FOR MARY BETH NELSON 2. KEDT TV PRESENTATION ON HI)TV 3. TECHNOLOGY IN THE NEWS - The Cable Communicafiom Commbtqion membe~ we~ given thrg articles. Tbe fuat article by Dcsi~ta",hnica disenssm ttmt ~.~'~nd n~work~ arc sms'tinE~ to offer competition to pay TV The second article by Electroaichome exptain~ coonnmms will not have to use a set-top cable box to _~:c~___'ve digital televisioa progmmmi~. Th~ will be able m "Plug-and-Play" with the new CableCARD to enjoy HDTV. Th~ third article by Rs:uters talks about the possible purcha.s~ of Ad~gphia by Time W~. 4. PUBLIC COMMENT - lac~ G~ndy commented IhaX Ibe Channel 10 PAUG m~nbernhip n~la Rul~s and Procedur~ and City Ordinange. Mark Harpor indi,-~tM he was a private c0.izen waYnE to see n~w tt:chnology. Jerome Bradfo~ commented that the Chamgl 10 PAUG have discrimi~nte~l ~in,~ KD Logan_ Jack Gordy commented Ihat Channel 10 PAUG hoard membe~ had scheduled mee~in~ which were cancelled by Pmsidont Cruz Colomo and that CCISD broadm~ <m Channel 10 without paying duea. Bob Klepac and Roland Gar'ta c~mmeat~l about paid Time Wamer's paid ~ m Channel 10. KD Lo~ c~nmented that th:x¢ were inroad, al pmbl~ns with ~be Channel 10 PAUG o~fice~. Roland Garza disamsed the purpose oftbe Cable Comm~ons Commi~ioo ami stated tha/fu~linE fo~ Public Acc~s has ~ ignor~ Mr. ~ also indicated he would like to se~ mo~ Cabl~ Commi~ninn me~fia~ and that the Charnel 10 PAUG has not ~fimded his $20. C_ab[~ Commianio~ r~minaed Chnnnel l0 Producers that their ~oo2m~;-m~on resolves int~nal problems nmi the City addr~s~ studio problo'as. Commisamners ~nphasized the i ,mpo~nee of reviewia~ and following the RaI~ aad P~. 5. REPORT FROM CABLE OPERATORS - Paula Koida of Time Warner ~ ~ommunity involvement, partne~hips with ffaspanic Chamber of Commerce, Corpus Chlisti Islanders, Blood Bank, and hunch/n~ new ~Kid Connect" c~m?i~ pnnln Ii]so dl..~::ll.q~ th~ di~ broadcast TV can provide a two way stream and now ava/labl¢ to customers a~ DVR and video on demand, l~ch¢ll¢ Johnson of Grande Conunun/cat/on~ discussed sponso~hi.n to Bok~cnm,n Children's l~sides~inl Tt-~m~nt Cent~, American D/abotes A.ssoc/afion, nnd Compu~'s for Lem~inE for school age ~. REPORT FROM PUBLIC ACCF-C~I USER GROUPS - lrmilc Borden read a k~cr wrd~n by tlw NuPAC Prcaidc~ Cruz CoJ, omo. She was ~ m ~ ~ ~n~ ~c W ~ ~,,~'s ~ ~ ~mi~i~ S~ ~ ~ ~ ~- S~ ~ ~ a ~mmi~i~. ~ss~ ~ ~ T~ W~ ~ ~ ~1 ~lsim.~ ~ ~ a ~ ~ve ~ ~1 ~ ~ ~1 10 PA~, ~ ~ ~ ~ ~ ei~ ~ p~ ~ ~ ~ m ~e ~ p~l~ ~y ~ ~ ~ s~. 8. ~ UPDA~-S~~ ~~ ~a~. CC~D~ ~ ~ ~ ~ ~ a ~ ~ ~--~1. 9. ~iO~ ~~ - ~ P~ ~ ~ ~ ~i,~. S~ ~ ~o~ ~s~ f~ ~nncl 10 PAUG m ~lve ~ ~: I~k ~ by~ ~y, ~ T~ ~ ~ a ~ ~ of ~,~ m ~1 10 10. ~JO~ - N~ Tm~ ~v~ m ~ ~ ~ ~d S~ ~ ~ ~ m~o~ ~ m~in~ ~ ~ 9:20 p.m. CABLE COMMUNICATIONS COMM]~ION Chairman Richard Pulide, Vice-Chairperson Nonna Ton~, Sylvia Dancer, ~ p,L~,-/o~, and Juan Oareia Susan Cable, Dh~or of F.,-Oovemment Services, Lisa Aguilm', Aa~tant City Altomey, and Holly McCam'y, F_.-Govomment Services Cs~ble Ouerstors pa. Lq Kokla, Tune Warner Chairmnn Richard Pulide called the zneetin~ to orde~ a~ 7:07 p.m. m~l verified th~ _n~_ ~y qtlo~m The minutes f,~ July 19, 2004 me,tin8 w~ ~-view~l and approval. No.,,~ Torts motioned to a~prove the REVIEW AND DISCUSSION OF COMI~LAINTS ~n Richard th,lido cornmumcat~d ~t he had di~u~ion.q with tl~ May~r, seven-al Council Members, T'mae Warner, Channel 10 PAUG president Cruz Colomo, Channel 10 PAUG para president Bob Klepec, and ~ Commia-~'io~. l~d'. Ptllido ro~omm~l~led ~ t[~ Channel 10 PAUG work as a team to ~;olve t,Xoe problems and compliance with City Ontinance, and th~ the officers hold a foil membership tn~.ing for lhe ~ to ~olve currem issues ~ move forwa~ togethor. Mr. PMido emphasized that ~e best approa~a is for the PAIJG to resolve inlemal conflicts and enfo~e the rules themselves. Mr. p,,lido also stated thut his pm%-renee was to provide pardons were bna%uht to the Cable Ctunmi~ian and ,h~,ld be heard. KD. Logan conveyed ~t the NUPAC boant is mcompk~e and o~ly one p~rson is in charge Mr. Pulido indic~xl that was an ~ issue and that the Cl~nnel 10 PAUG must s~t down together nad resolve Ihos~ probl~ns. Sylvia Dancer sugge~___~d_ Ch~neJ 10 PAUG hav~ an election ffthe board is not compleX. Cruz Colomo commented that she was told them wo~ld be no attacks during this moging, tha~ s/ac was elcct,~d by NUPAC o~ April 22, 2004 and that, if Bob Klop~c would have handed cverylhing over, there would be no proble~n~ at ~ time_ Mr. Pulido asked Mr. KI~c tn giv~ Ms. Colomo any d~uments he still hnd f~n the l~vious udminil~ral~l and Mr. ~ asreed. Mr. Onrcia motioned to go back to the ngenda- Ms. Dancer seconded the motion nra[ all Commi~m{o~l~ lq:q:lrov{x[ Tin~ Warner ~ of Jun~ 30. 2004 Tim~ Warner ~ to Cruz Colomo - Norma Ton~s asked the Ch~,,,.fl 10 PAUG wben the Rules and Procedures w~ reviewed with produc~ to c~ol ~ to ensare the Rules and Procedm~ a~ being followed. Ms. Colomo b ~ ~'~t ~ prod~c~ is r~--~:,,~iblo for 0~cir own ~ ~d ~ ~w ~ r~v~ a ~y of~e ~ ~ ~ ~ ~ ~ ~ ~ a ~ ~ ~e. ~vca~l~ ~~~-~~~~ go~ ~ ~c m ~ ~ p~. ~. ~ r~ ~ ~ ~ ~vo a ~m~p ~ ~ ~ ~ m ~ ~ ~ ~ ~ ~ by-~. ~. T~ ~ ~ R w~d ~ ~ m ~ ~ W~ ~d ~ ~ ~ffic. P~ Kol~ ~ ~ ~ ~ ~ p~ ~y ~ p~ ~ ~ ~ ~ ~, ~ ~5 ~ ~ 10 PA~ s~ a ~ ~vc ~c -~ ~y p~ a ~ ~ ~ I~ 30 ~ m ~ p~,~ ~ p~l~ ~o~ r~~ ~ ~ m p~ ~ ~ ~ ~ m p~. ~_ ~ ~ ~m~ ~ ~ do ~ ~vc ~ ~ ~ ~ ~ ~on her m~'s m~y ~ ~ ~ a ~ pl~ a ~ ~ s~ ~ o~ ~ ~T~W~~ys~ ~~nor~ ~ ~ ~ ~e ~ ~ ~ ~ ~ foHow~ f~ ~hly p~. ~. ~ ~d ~ w~d ~ ~s ~c ~ ~k n~ ~g. ~ ~ 4.2~ T~ W~ ~ ~ C~ ~o~ - T~ W~ ~ ~ ~ ~1 10 PA~ ~c p~ m ~m a bl~ how~, ~ PA~ cl~ n~ m ~vc ~y ~ p~ ~ m ~ i~. th~ it was approved by Judge Oom~¢z, who said hc did not k~ow anyth~ about thc Icttcr_ Ms. Colomo t~spomiod that, per thc by-lav~, o~ly thc board can call a membc~hip mcctln~ and that she nc, vex t~ccivcd any calls from Mr_ Govdy asking her to hold a mcmbe~hi.n mo'fin?.. Rsctutrd Pulido not. cd that them~ is a power s~n~__a~.lc occas~hsg felt thc posted amice was uaprofcssiomd. Ms. Torrca suggested that all notices writicn by the Board of Directors should bc wfiRca in a positive and pmfc~oaal maimer. Mr. Pulido motio~d thsa no action would bc ~ however, fumse noliccs must bc wri~n in a positive professional ~mnn~'. AU Coh,hi~qiO~l~ appfov~:l. KD. ~ Comx, b, im' R~pudina l~:movai fi'om Ofli¢~ - Mr_ Losan cxpU, i,~l ~ hc was cleo. cd Vice Preside~ of Ch.~nncl 10 PA~, ~ ~ ~v~ ~ offi~ fm ~ ~ ~~ ~ ~ ~lc ~m~ ~ ...... i~i~ ~ ~ ~m~ m ~g. ~ c~ S~'s ~, ~ p~ ~ ~ ~ f~ ~ ~ ~lc ~ ~ ~r ~ ~ ~c ~m~ C~mi~si~ m~_ Syl~ ~ ~ ~i~ ~v~. 3. REVIEW AND IN)SSI~LE At;lION DISCUSSION By-law~ - Cruz Colomo statgd thc cur~tg by-laws do no~ say when ~hcy were adopted by thc mcrabcrnhip. Bob Klcpac ,e~ponded fl~at the Rul~ and Procextur~s state mombc~ will vote on established by-laws and t~hc current by-laws an: amended, not cstabl~d. Ms. To~ nots:d that before Mr. Klcpac rook officc, thc by-laws wc~c votcd on by thc PAUG Pade~ and Procedm~ - Jack Gordy ~ rhar thc new omce~ were gWcn copies of thc Rules and Proco:hu~, that hc carried a box of thc Rulc~ a~d Proccdu~s to Cruz Colomo Io bc mailed to producc~, and that Ms. Colomo and Mr. Boldcn should na~ say they did mX know about thc copic~. c. Applicatio~-Discu~sionofthcapphca~onformswaspostponed forthcncxImccting. PUBLIC COMMENT -Mr. Gordy explained ftmt when a board m~.s was cai]cd, Ms. Colomo wmtld call him and hc wo~ld call Mr. Logan, bat thru Ms. Colomo would cancel thc meefinswhcnMr, lxsmm found out about it. Jerome Bradfords~ed he was no, thereto poim fingers, but that they have the rip. bt to assemble and anyone can bc mvRed Cruz Colomo expressed that Sylvia Dm~er should either bca commissioner or a producer. Ms. Colomo s~ted that Emile Boldcn and slg have put ligir money into ~ oq~ani~Jon. They would ~ot have these problems ffthi,,? were done properly. She ts~,o4 thnt abc asked Mr. Logan why hc wanted a key nmi denied him a key bem,~c hc wanted m do an mvcmory. Ms. Colomo indicated that she fl~inlm 8ome~n~ is ~ ~ g~t NUPAC cIoscd, l~agbala S~I~ ~id th.qnk you roi' inv~'in~ Ms. Se. lict~ rclxn~ that she docs not fccl that thc Cablc Communications Commission thc diven'sity of thc us~ group, and that an Afii,-~n American should Ig appointed to thc Commission. M~_ S~lgl~ ai, ai~ that any housg dividgd calmot ~nml Yo~. mu~ have proc~lufg~ and r~,lnfions. K.D. Logan commented that hc is only guilty of trenfin~ cvcry producer with mspoc~ and cv~yo~c has a bve~kimj point. H~ notod tluK o~c officer hah a p~din~ cha~c tn court, one got cursed Klcpac with COMMISSIONERS COMMENTS - Juan C~rcia suggested th~ when Channel 10 PAUG be~'~ having their meetin~ ovcryon~ should ~ other mmnbcn w~h rcspe~ work together, and go over the by-law~ to cv~ryom hoods to mwi~w the by-hws and have th~n amended to be undemeod by all She m,.o_o.~:SttXi ~ ~ RIlls:5 ~ [:~'~w.4~]ur~5 and by-laws be given m all pn~hu-~. Ms. Tc~rcs expressed that she ~ not want to lose the Channel 10 PAUG bo~,,*e everyone cannot work Adria p~lm~ios agreed w~h Ihe pr~-vioa.s Commi~mfirs and hopgs the monthly uu~tings will result in a posilive ouIcom~. Sylvia Dam:~ thanked evil. ne for a~tendin~o and c'~prc~kscd that her duties as a Commissioner come before those ofa produce~. 6. ADJOURNMENT - Sylvia Dancan' moved to adjourn the me~ing and Ach'ia pol~olos seconded ttm motion. Th~ m~'4'ing adjourned at 10:21 p.m: MINUTES CABLE COMMUNICATIONS COMMISSION September 27, 2004 C-'haffm~r~ Richard Pulido, Vice-Cl~irperson Nonna Torres~ Sylvia Dancer ,,,-I luan Garcia, Jr. ABSENT Adria l~l:~ios Susan Cable, D' _trc~_ or of E-Government Services, Lisa Aguilar, Assistant City Attorney, and Holly McCarty. ~emment S~vices C..~b le O~eraton p..L,a Kolda, Tune Warner Chairman Rie~mrd Pulido called the m~fing to order nt 6:07 pm and ye:rifled the ncc, e,ssary quorum. Clmirman Richard Pul.ldo called for an E.xt~rutivo Smsion break at 6:11 p.m. pea' the agenda. Tbe sp~mial ngeting reconvened at 7:10 p.m. Norma Tones motioned to mov~ Item 3to alter It~n 7 on the Agenda. Juan Garcia, Ir. seo0naxl the motion and all commissioners approved the motion. The mimU~es fi'om August 30, 2004 meo"in~e were reviewed and approved. Juan Ga.rcia, Jr. motioned to approve tho mimRea and Norma Torrca s~c, onded the motio~ All Commissioners UPDATE ON AUI'ION BY CHANNEL 10 PAUG PRESIDENT - Richard Pulido a~ked Cruz Colol~o to fx)gll~ on the thinL~ she has done dm-ing ber admmi~aliou. Mrs. Coiomo stated that the Comm/s~on needs to know what qbe was Ici~ with to unde~and her opiniou_ She told tbe Commi~ion t~t she did not have ~ to the studio, received no documents, there were over 200 tapes lett from pn:viou, s adinini,,t~iCm, studio was dh'fy, no letmrhead, Bob Klc:pa~ had all the ,~li~s and pho~ disconnected, and the~ was a Police Off~:r p~sent during the City audit of fig audio. Mr. Pulido asked Mrs. Colomo how many meetin~ they havg I~d with the Board of ~ ~nd produc~s, wben the me~ing~ took place and who amended thc m~ting~. M~. Colomo responded she only went by the By-laws that only call for two meeting She stated they have held about 6-8 Board of Director mee~ and she wc~lld get the list o£ meetln~ to Mr. Pulido. No oth~ producer m~etin? have been held. Mrs. Colomo said tho n~ct ~ will be Oc~_ __,~r 28, 2004. Durin8 this meo~ng dray will hold the lottery, narlresS fundiz~ and have a sgt_ respond~ thgy havc only received a few oftbe applications and a~c S~i~ling tO Time Warner as p _m,a,,_,~ to Time Wam~ by October 15, 2004. Frolic Bolden said he w(~tld take all th~ not all produc,~s have been allowed to mm in tapes and nsks thc group of producers who stt~dr, xl thc meeting. Jack Gordy commented he has had problems and Bob Klcl:ulc mentioned Roland Gar~ has had problems but it was because of his ~ forma~_ Mis_ Colomo stated tl~ they have added 12-15 new pmducc~ and noted sbe docs not have time to address all thc comsnl~int~. Mr. Pulido asked Mi-. ~oldy how he submits his com~l:~int,~ MI'. ~ordy tespoaded that he mail~ o11¢ copy to Mrs. Colomo's P_O. Box and sends a copy of thc complsint to th~ City. Mr. Putido told tl~ the only compiler, thc City puts on thc agenda arc those filed with thc City .%cremry's Office. Mr. Pulido and lVln. Colomo bes=~ - discussions on the studio and ~luipment and Norma Torr~ advised that thc studio i~ not a Commit.ion issue and they cannot get involved. Mn. Colomo ~e~d th~ ~ were only able to asc three pieces of pape:r flora the file Mr. Klq~ac gave tO thellL th~=y ~ WOdcin~ with. the ~ and sla~, and abe now Ires a lab~p to use e-mail aa a f~ll~l of community,on REVIEW AND DISCUSSION OF COMI~LAINTS - C~ Richard Pulido began di.~ussing d~e complaint submil~l by K D. Logaa which was tabled from th~ la.st me~'inE. L~ue / - Mr. I.x~ n e~pre~:d he was removed bec~mse of one p~rson who d~eid~l to rcmove him was n~ver hxformed when thc me~.inga werc t~ takc place. M~. Colomo stnt,~d g~milc Boldea calkx:l Mr. Logan sero'al ~ to inform him of m~:~in~. Sl~ al~ said Mr. Logan had be~n to aewen-~l meeting~, only wanted to tnlk about a k~'y W th~ s~udio and abe ~ him how he v,~ted to help NUPAC but he would not provide an answer W h~r. Com,,,ansioa~ Norma To~e~ asked if this i~orma~on was av'ailahic in th~: minll~a ofgho boal'd mo~t~ ~ ]S~d'. Lo~aD voted c~t. LL~a Aguila~ st~d that ~'e is a coafli~ m s~:t~3 6.01 az~l 6.03 of the by-laws. Ms. Cable aoted ~l~t ~oa 6.01 dea~ ~ of C~e~s who a~ elected by the m~:mbe~h'.m..~a~k she ~lwa~s iz~c~ud~d the beard o£ cliff:tots a~ least 24 bouts in advaace p~ tt~ by-laws. Commi~_~iom:r I~m~ Gan:ia a.sk~d bow ma~¥ b<e~d m~:~? have be~r bekL ~&s. Colomo ~ided ~¢y I~v~ held five. Mr. Lo,~ n ~ I~ ac'v~ rcc~i~ed a ~ call lo iafon~ him oftl~ m~ng~ ]uae Cnu'cia mc~oaed Io move this issue to tb~ ~ me~imL so ~ caa tl~ m~,~m~ ofd~ meet~ wb~ Mr. Loga~ wa~ ~mov~L Sylvia Daac~r seooed~d the motioa. All Commiasion~'s approval. Issue 2 - Mr. Logan reque~ed an e~pl~r~aon fi'om th~ board of Csarc~.a s~.o~d_ed All Commi~io~rs approved, l~su¢ 3 - Mx. Logan wan~ clarifi~,'m on cause.~ Norma Torres ~ntt~d the by-laws must be amended by frae boa~l of dir~:~o~, not the Commin~iou. Juan ~ motiol~d to di~mi~,~ ~ i~tl¢. Sylvi~ ~ ~,~Olld,~d All Comminsiom:m a0proved_ l~uc 4 - Mx. Logaa ~ I~ did not get a eham~ to vo~ on Mr. C,:n'dy's ~b~'nt~-rient. M~. Torrea stated they mnnot make a dec,ion o~ the i~su~ b,',~,~e tl~-e is a la~k of documentation and felt it is a by-law issue. Mr. Pulido motioned to ~ thi~ and Sylvia Dancer s~c~ndcd All Commissioaers approved_ approved by the Cable Comm~ons Comminnioa~ Ma'. (3arcia slated tl~ the l~a' aero to the CommiaJon is I~ll'eal'enin_,~ a/KJ at ~ la~ met'flag it was dLscussed fl~ all lel/e~ wrilZen weald 3. REVI. E~/AND PO~Sll~LE AL-lION DISCUSSION - C~.aumissiom~ J,mn ~ m~tion~ I~ tabl~ irons 7a, 7'0, and 7c. Comm~ioner Sylvia l)nne~r st:~o~d,~l All Commi~io~ns appmv~cL 4. OUTCOME OF EXECUTIVE SESSION - Chni~ Richard Pulido advL~d Cruz Colomo that a meo'inE will be I~ld on OO.~a~- I 1, 2004, on t~ sixth floor at 6:00 p m. to discams whcth~ to d~-rtifythe Channel 10 PAUO for non-~otnphance withth¢ Rules and ~_ Mr. Pulido also staaxl thai: Mrs. Colomo is already woddn~ oa some ofthe Commi~oa's n:quests and asked ff she ~ould g~t all the applications to T'nne Wara~ by On:mb~r 11, 2004. Mm. Colmno l~sp~l~ that someone took all th~ copim aad thnt all produc~s ~xc~p~ for fl~ new o~es haw a cogy of the TIME WARNER CABLE To: From: Date: Re: Cruz Colomo, Ch. 10 PAUG President Cc: Susan Cable, City of CorPus Chflsti Lisa Aguilar, City of Corpus Chris§ Paula Kolda June 30, 2004 Request for aciton Included in this packet: 1. List of Ch. 10 Tape Problems noted dudng the first four weeks of this lottery period_ 2. Copies of complaint forms that have come to Time Warner via ccp~ul:l- ~omolalnt~fxcd.com. 3. Current schedule for 6/27/04 - 7/3/04 We request the following actions: (~a Review the Rules and Procedures with producers, particularly regarding technical standards and forfeiture of time slots. {~ Review and address the emalled complaints and set up an email complaint form that actually goes to the Ch. 10 PAUG directJy. (~ Address ongoing non-compliance with technical standards. (~ Remove that have not two weeks In programs provided over a row. (~)~ Reschedule Holy Spirit and the repeat of My Father's House to a tJmeslot within the Public Access block of programming. Please call me If you would like to discuss any of ~e above information. I look forward to headng from you. PtJBL~ ACN:;~.~ ~ lO Tm TIME EW NER CABL To: From: Data: Re: Cruz Colomo, Ch. 10 PAUG President Cc: Susan Cable, City of Corpus Christi Lisa Aguilar, City of Corpus Christi Paula Kolda July 1,2004 Another updatel I've noted your request that I use your personal Post Office Box ( P.O.Box 271443, CC, TX 78427) and I'm resending the information that'l mailed on June 28 to the Access Studio. O l'm also enclosing a copy of page 5 of the Rules and Procedures highlighting the section regarding monthly shows. See highlighted section: "not to exceed one repeat per show.' This would mean that a monthly show would only air twice each month. To facilitate a more consistent weekly schedule, we air the monthly programs four (or five) times each month by giving them the same slot each week. That way they get the original aidng and the 3 or 4 repeats (depending on the number of weeks In the month). Please share this information with the producers who provide monthly programs. Also, Cruz, please note a second section that is highlighted on this page of the rules: the part about user applications. I know you never received these from the lottery but we still need to have copies. You may never see the ones that were provided for this last lottery so you may need to ask them to fill out new ones. Thanks for looking Into thls. And lastly, as we discussed, let's plan an afternoon session with your board to review rules and procedures, go over the schedule and negotiate some ol= the questions that are still up in the air. Please get with your board and see if yall are available Tuesday or Wednesday afternoon, July 13 or 14. I'll provide a light lunch and 3robabiy invite the Ch. 18 PAUG leadership to Join us as well. TIME WARNER CABLE To: From: Date: Re: Ch. 10 Public Access Users Group Cc: Cruz Colomo, Ch. 10 PAUG President Susan Cable, City of Corpus Chdsti Lisa Aguilar, City of Corpus Chdsti Paula Kolda Aug. 4, 2004 Notification of meeting / Request for action 1) At the request of KD Logan, via Jack Gordy, I am putting a PSA billboard announcement on the access channels to provide notice of a Ch. 10 PAUG meeting. This meeting is scheduled to be held Wed., Aug 18, 7PM in the City Hall Basement Training Room. 2) 1 request that Ch. 10 PAUG respond to the following requests: Move 7-1ny Baby Productions (added to the schedule Friday, July 30, 2004) from 10am Tuesday and Thursday to a time that is open within the already scheduled Public Access block of programming. ~ Move CCISD programming from 10:30am Wednesday to 2pm Wednesday. c) Move CCISD programming from 9am Thursday to 1:30pm Thursday. These requests are in accordance with the intent of the Rules and Procedures to create an uninterrupted block of time for Public Access programming. Copies of the printed schedule as provfded by TWC, have provided easy recognition of those slots that should be filled before filling the time frame outside the established schedule. The TrEe One office of CCISD had originally agreed to move their programs when contacted by Time Warner over a month ago. Provide copies of user applications to Time Wamer Cable as requested in correspondence dated July 1,2004 and July 19, 2004. Remove programs that do not provide original tapes [or two or more consecutive weeks. Take action regarding technical standards non-compliance, requested via correspondence dated June 30, 2004 and July 19, 2004. ity of .orpUs hristi Box 9277 pus Oansli ts 78469-9277 ne361 8264090 361-826-4551 Seplember 14, 2004 Channel 10 PAUQ Offlcem P.O. Box 271443 Coq~us Chntstl, Texas 78427 At the August 30, 2004 work.shop of the Cable Communications Commlssk)n, the Commissioners asked the Channel 10 PAUG officers to hold a membership mee~ng, In a spirit of atignmer, and coopermton, to wo~ tngether w~ f:)~J~:e~ to addre~___., ongoing complaints, to update your b~, to r~xmd to Time Warner request, a~d to dtstdl3ute the Rules and Procedures to producers. This was Io be done 13'lor Io head meeting of the Commission on ~epleml~r 27. 2004. The Commission's goal is for the Channel 10 PAUG to fo~ow the recommenda~:)ns made by the ~ and to Intemaity resolve these pmi3~z~. It is ou~ understanding thai no meeting has been scheduled, and that the ul~daled Rules and Procedures have not I~een dlatrllx~ted to producem. I am vee/optimisSc that the Boanl of Dtmctom will make the right chotoe to move f~. 111aye Ileard many comments on Charmet 10 'IV to move [onvard, howavor no actions have boon achieved. We encourage you to Ixf, d a meeting Ixtor to the Cable Communications Commission meeting on SelXemt~- 27, 2004, and begin wo~ng to re~o~e these ongoing Issues. Please lei us know If you have any ques~ons, or need ctariflcaflon_ We am here to support you and assist you with a positive dlmclJon. September 30, 2004 Ms. Cruz Ruiz Colomo Via Regular Mail and CMR;,-';,-';; 7001 0360 0000 5053 9144 President NuPAC, Inc. P. O. Box 271443 Corpus Chdsti, Texas 78427 Re: Notification of Cable Communications Commission agenda item regarding whether to decefl, iry NuPAC, Inc. as the Channel 10 Public Access User Group for noncompliance with Rules and Procedures regarding Public Access Cablecasting Dear Ms. Colomo: As directed by the Cable Communications Commission on September 27, 2004, please be advised that the Cable Communications Commission will conduct a meeting on October 11, 2004 in the Sixth Floor Conference Room at 6:00 p.m. regarding whether to decertd'y NuPAC, Inc. as the Channel 10 Public Access User Group for noncompliance with the following provisions in the Rules and Procedures for Public Access Cablecasting: Section 1 Rule~ for Participation · Failed to require all producers to complete and sign a programming contract, which included the application, for the Apdl lottery and submit to 'l~me Warner. (also Section 3 violation). · Using a Programming Contract and Application that is in violation of the Rules and Procedures. Section (9) of the Application states: "1 understand that I will conduct myself in a professional manner at any and all meetings of NuPAC Inc. Failure to do so will cause for removal from NuPAC Inc. which may result in removal from Channel 10 Public Access." Section (10) of the application states: "1 understand that any slanderous remarks or statements public~,/made towards NuPAC Inc., NuPAC Inc. officers or producers is cause for removal from NuPAC Inc. which may result in removal from Channel 10 Public Access Channel_" Seven of 13 applications submitted to ~me Wamer were on this application_ · Submitted tapes that contain commercial programming, including product promotion. Programs are airing with a t-shirt promoting a radio station, Surf Club banner, music videos for national recording studios, Beauty and the Bistro Restaurant, and products such as No-Doze and Ozarka water. · Submitted a program that solicits contributions on behalf of an organization that has not received tax exempt status under 501(c)(3) of the Internal Revenue Code, such as the Coalition for Women program aired in September that requested donations for the Channel 10 PAUG/NuPAC. P.:0- B__.~ox..9~2.77 · Co~as Christi, Texas 78469-9277 ,, (361) 880-3000 _ Page 2 of 2 Section 2 Technical Standards and Production Requirements · Submitted tapes that do not conform to the technical standards and production requirements established by the FCC end Rules and Procedures: quality, format, labeling, idenUfication and length. Please see attached Exhibit 'Channel 10 Public Access Technical Standard Issues for September 2004' for examples. Section 3 How Programs Are Scheduled · Submitted the same program for several producers_ The same program ran as the Silverback original and the Angels in Our Midst original on August 8 and 9, 2004. · Submitted repeat tapes as originals in the same lottery pedod. '~me Warner stated that in September 2004, they were asked numerous times to repeat the pdor week's shows for programs in which no tape was submitted that week_ · Failed to remove programs for users who failed to supply tapes for two consecutive weeks_ In the month of September, 15 programs should have been removed from the schedule until the next lottery for violations of the Rules and Procedures_ Please see examples listed under.attached exhibit "Channel 10 Public Access No Tapes Submitted Example from September 2004" for examples. Section 4 Defined Terms Submitted tapes that are not locally produced. Programs are aidng that are non-local music videos, national religious shows, and other productions outside the Corpus Chdsti area. Section 6 Violation of Rules · The Channel 10 PAUG/NuPAC has not updated their certified by-laws to establish procedures required to address internal complaints not covered by the Rules and Procedures, or a complaint regarding a violation of rules in Sections 2 or 3. Failed to investigate and respond to complaints submitted by producers. For example, complaints submitted by Jack Gordy to the Channel 10 PAUG/NuPAC Board of Directors on September 13, 14 and 21, 2004. · Failed to remove programs with Section I violations (listed above) and mail written notice of the Section 1 rule violations to producer and group, via certified mail. · Failed to submit a response, by email or delivered in writing, to Time Warner within seven working days regarding complaints submitted by Time Warner to the Channel 10 PAUG/NuPAC on June 30, 2004, July 1, 2004 and August 4, 2004. Sincerely, Susan Cable Director of E-Government Services Channel 10 Public Access Technical Standard Issues for September 2004 Beulshland - audio Black Peespec~ve -audto Ang~can G~lt - no 1 min. o~ biactc CC Col~e C~ub- Rec. bt EP, no I mM. of black, auto CC I~ ColTee Group - no 1 min. of black, aucl~o Comerslone Chdsltan - audio Femando Rmrkez Min - auclto t~f Hour c~ O~ance - atomy pk~ums, auto Monte 81hal - no 1 min. of black, audio My Fab'm~s House - audio 8~,m'back - no I min. of black, video & auto The Good Ne~s - audio Tomonow - audio INeslslde B~atdasl Club - CC Mom. Coffee Grp., audio ~m's Really I-lappe~ng - no I nan. o~ I~ac~, audio Mundo Hispano - rec. in EP, vkleo, a~l audio Black Pe~:~ve - ~dio Civil R~d~ Review- audio Comet~o~e Christian - no ~ a~ ~ - ~ 1 ~n. U~ a~ ~ ~- a~ ~11-~1~_~ ~ ~ - a~lo R~ ~ ~ - a~ R~ ~ - S~ ~ ~ - no 1 ~n_ ~ a~o ~ - ~3-~1 ~n. ~, a~ T~s ~ - T~s ~ - a~ T~ & ~ - ~ ~ ~e - ~ 1 ~n. ~ ~ ~, ~ a~io ~D~mb~ 10 ~ ~b~ 15 Angels In Our I~d.~- audio, no I min. blac~ Anglican Gui - auto BeulaNand - audio ~ Per~ - audio CC Coffee Ctu~ - audio CC Id(~nlng Co,Tee Group- no 1 min. black, auto Femando Ra~ld~z Min. - no I min. ~ audio Jag II - no 1 min. biacl~ auto ~ Bamte~es - auto MelmpoBlan. Churc~ - audio Monte Sinai - no 1 rain_ black, auto Ra~ I~e 81anda~l - audio ~ - no 1 mtn. b4ack, rec~ In EP, audio Studio 3 - no 1 min. biac~ auc~o T'hk~s Io ~ee and Do - audio Tomom3w- audio Tomorrow's Wodd -audto Town & Co~nlry - audio Urgem Iv~e~ge - audio WeG.GGe Bmalda~ C~ub - audio W~m'a Really Happening - audio Se~3~wnber 17 lo ~e~tember 24 Angets In Our Midst - audio Back Io the Bible - no 1 min. black, audio Beny~ Rd. - mc. In EP, audio Beulahland - audio ~ Perspective - no 1 mtn_ blac~ BR~ of Ufe -audto CC Coffee Club- no 1 min. blac~ CC Morning Co~ee Group- no 1 min. black, audio CIv~ R~gtds Review - audio ~o~e Chr~Uan - audio F_emando Rarnln~ Min. - no I rnln_ blac~ audio Geran~ Gonzales - audio Jag II - no I n'dn. b~ auc~o K~te Stat'Texas - no 1 mln. blac~ audio La Naranja - vMeo, audio Ma~ Bardentes - audio Mondo Power Thoughts - audio Monte S~nai - no 1 min. b~ audio Mundo Hispano - audio My Father's House - no I min. 1olac~, audio Rabdng the Standanl - audio Roe:de Hemandez - v~leo, audio Sik of S4n - audio Sa~,efback - rec. in EP, audio Slud~ 3 - no I min. blaclL aucio T'ne G Spot- no 1 min. 10~c~ audio Tomom~v - audio T~s Wodd - audio Town & Count]y - audio Urgem Message - audio WuaL~dde Bmaldast Club - no 1 n~ln. black, audio ~'a Really Happefdng - audio Channel 10 Public Access No Tape~ Submitted Example from Sq~mber 2004 T'~e Wamer is being asked to just repeat the prior week's show for programs in which no tape is submitted that w",..c.~. For September 5 - 11, 2004 My Fu~i~-=~s House Back to ~ Bible ~ News Gospel Express Tomorrow Annapolis Chdsflan Anglican Guilt The G-Spot Kite Surf Texas Gardendale Baptist Shelter from the Storm Mundo Hispano Zona Festival ~ St. Minisbies Virginio Gomez Presents Black Perspective Femando Ramirez For the SeDtember 12 - '18. 2004 Back to the Bible * Annapolis Chdsfian * Anglican Guilt * The G-Spot * Vi[ginio Gomez Presents * Mundo Hispano * Femando Ramirez * Zona Festival * Kite Surf Texas * C-.-.-.-.-.-.-.-.-~ SL Ministries * Shelter from the Storm * Gardendale Baptist * Angels in Our Midst '13ny Baby Productions Taxpayem Rights CC Moming Coffee Club Westside Breakfast Club Raising the Standard La Naranja * No tape for two consecutive v:;c,~s For the SeDtember 19 - 25, 2004 Annapolis Ch~stian ** Anglican Gu~ ** Zona Festival ** Gardendale BapUst ** God SL Minisb'ies ** Tiny Baby Productions * Taxpayer's Rights * Things to See and Do Holy Spirit * No tape for two consecutive weeks ** No tn,ne for three consecutive weeks For the September 26 - Oct 2, 2004 Annapolis Christian *** Anglican Guilt *** Zona Festival *** Gardendale Baptist *** C.-.-.-.-.-.-.-.-.-~d SL Minisl]'ies *** Tiny Baby Productions Taxpayer's Rights ** Holy Spirit * Raising the Standard Back to the Bible La Naranja Virginio Gomez Presents Mundo Hispano Femandao Ramirez Angels in Our Midst CC Morning Coffee Club Anglican Guilt Kite Surf Texas Shelter from the Storm Westside Breakfast Club * No tape for two consecutive wcc!-.s ** No tape for three consecutive weeks '** No tape for four consecutive weeks Channel 10 l~grams - Septemb~ 2004 1. ^ngel.q in Heaven (monthly) 2. An_oel~ in Out lvfidst Anltlieala Guilt 4. Annamdls ~ $. B~c_~ ~o tke B/Me ?. 8. Black Perspective 9. Breath of Life 10. CC Coffee Club 11. CCISD 12. CC MomlnE Coffee Club 13. Civil Ri~ts Show 14. Coalition for Women 15. Community Outreach 16. ~ Christian 17. Fernando Ramlrez 19. Geratdo C_mnzales 20. God St. Ministries 21. Good News 23. I-Ialf Horn of Deliverance 25. ]ag 8 2& glte Surf Texas 27. La Naranja 28. Marcus Ban-ientea IVIinis~txics 29. MCC of CC 30. Mondo's Powerthoughts 31. Mont~ Sinai 33. My Fmher'~ House 34. Rak~ing the S~a,d~d 35. Rosie Hern~ndez $6. Shelter from tke Storm 37. Sik of Sin 38_ Silverback Show 39. Studio 3 40. Taxlmyer'a Rights 41. The G Spm 42. Thi,~ to Do and S~c 44. Tomorrow 45. Tomorrow's World 46. Town and Country 47. Urgent Me,~ge of Bayside 49. Voicea oft. he Coastal Bend 50. Westside Breakfast Club 51. Vfnat's Really Happening 52. Word of Life Five prozr~ms Ired no taoes delivered the entire month. Two programs had no tape~ delivered for three c~nsecutive weeks. Elgkt ,,,t,t~ional programs had no tapes ge!_h~ered for two consecutive weeks. Just in the month of September, 15 programs should have been taken offthe schedule until the next lottery for violations of the Rules and Procedures_ Week of September 5-11: 17 tapes not ~ul:~nitXecl Week of Septemberl2-18: 19 tapes not submitted Week of September 19-25: 9 ropes not submitted Week of September 25-0ct.2: 20 tapca not submillcd CABLE COMMUNICATIONS COMMISSION Oetober 11, 2,004 I'IZ~SENT Chain:nan Richard Pulido, Adria Sylvia Dane, ex and Juan Garcia, Jr. City St~/l Susan f'_~hl~, Div~____~ of E-Government Services, L~sa Aguilax, Assistant Cay Alxomoy, and Holly McCarty, E-Govgmment Services C~ble Oma~torm pa.la Kolda, T-uric Warm'x Cheirman Richard Pulido called lira meeting to order ax 6:04 p.m. and ve4'ified th~ no:c~ary quorum Thc minute~ fi'om S~.glllbOl' 27, 2004 meetinE wex¢ reviewed and approved. Juan C, arcia, Jr. motioued to approve the minut~ ~nd Adria Pa]agios sozolldod the i~lo~on. All Conmussioners approved_ DISCUSSION AND POSSIBLE ACTION RF_~ARDING POSSIBLE DECERTIFICATION OF NUPAC, INC. AS THE CERTIFIED CHANNEL 10 PUBLIC ACCESS USERS GROUP - Cruz Colomo stauxl that she Ires eighteen applicatio~ for Time Warns. Chairpe~o~ Richard Pulido ~ thor about twenty applications were still missing and still neo~xl W be turned into Tune Wamor M~. Colomo addn~s~i the letter scm w hex o- September 30, 20O4. Soctiou 1 Rld~ for ParticipaXion - Item A: Failun: to require signed contract fi'om producers and submit to Time Wara~ for ~he April IoO~. Mrs. Colomo s~,*to, I that this issue has been cured. Item B: Using a Programming Cun/xact and Application that is in violation of th~ ~ and Procedures. Mrs. Colomo stated that she received a letxex fxom Jack Gordy stating eni~ issue is solved. She said she no:ds time to find out why the apphoat~on is no~ in compliance and she will confer with thc City's Legal 1)cl~r~m~. Item C: Submitt~ tap~ that oontained commgl-~L~m @ro~ramm~no~. inclodin~ pvedu~ @romofiou. Mrs. Co]omo cxplz~nod ~ is~mm¢ ~ hewn gOiX~ On ~.~msibl~ for hL~Yh~ ow~ tape. Emile Bold~ sia~d th~ is has hecu th~ prac~ th~ ffthor¢ ia a ]~r ~ thc prod~c~ of U~ ~ola~o~. Item D: Subm?a~ a program ~,~ solic~ col~x~b~do~s o~ b~hzlf of an o ~r?ni:,m~o~ thai has no( m~eivod tax cxom~ .,,~.d,,~ under ~01(¢X3) of thc ~ l~v~¢ Code. Mrs. Colomo sia~a~d fl~ thc '~oal~ion for Womb" progam was the first and only tape ever made, She also ~u-d that Mr_ Gordy w~s the only person who complained that NUPAC is not state compliant. She said ~m~ they are in the process of wo~ng with the ~tate to get this situation remedied. Socti0~ 2 T~chuical Staadatds and Production R~ - Item: Submitted tapes do conform to the t~chnical sIandards and producliou reqmmmcuts ~lablishod by the FCC md Rules and Procedures. M~. Co[omo stat. ed ~ ~ach producer is responsible for the submi~-~iou of th¢il' ~ ~ ~ issue h~ ~ gOi~ Oil fo[' y~al~. S~ction 3 How Program,~ Arg S~h~b, llg~ - Item~ A, lB, & C: Submil/gd the same program for several producer~, submi~ed rcpeai tap~ as odgi,al~ in lira sam~ lo0~ry period, ~nd failed to remove pro{p'ams for uso's who failed to supply ~ocs for two consc~aiv¢ wex~,.s. Mrs. Co[omo stated that she did not know what was turned m and wasn't sure what ~ hemg tallied about. Juan ~ erxpLalned to her about thc list of itomz submL*t_,~_ with the le~er dated September 30, 2004, from the City to Mrs. Colomo. Emile Belden proceeded to say that he would t~ll Time War~r to play tho tapes t,,.~ the week before of tho p~ who did not submit a tape for the cut-rem w~ek, so there would he no black space. Mrs. Colomo staled that if they needed to, they would pull all thc tapes at the ~luest of the Cable CommtaUcations Commission. Mr. Garcia a~ked if there was a procedure in place. Mrs. Colomo said no place s~ that the shows have to be pulled. Susan Cable ~-~,~l that it is in the Rnlcs and Procedures approved by City Council ,~¢tion 4 Defined Tcrl~ - Item: Submitted tapes that a~ not locally produced. Mrs. Colomo said that they mn,~t wa~ all thc tapes hefor© they a~ ~ and .~t that she only knew of ou¢ show ttmt wns not locally produced and it wns a religion~ show. She also mid that tim producers know that their shows must be preduced lecnlly. ~x;tion 6 Violation of Rules - Item A: The Channcl 10 PAUG/NUPAC baa not updated their certified by-laws to establish prooedures required to address inlcrnal complainis not covered by the Rules and Procedures, or a complnint rega~lin~ a violation of rul~s in Sections 2 or 3 (Mr. Jack Gordy's comptaiuts). M~. Colomo stated thai all letters were answc'red at thc ~ meeting. She also said she luts a pro~lcm with thc letters being copied to City. Mr. Pulido rgplied that Mr Gordy was only sending courtesy copie~ to the City. Mr. Gordy ~'ntod that tim le~aer~ arc afidreased to NUPAC, Board of Din~to~, c/o Mrs. Colomo and copied thc City; however, the complaint was filed when he never received a response f~0m Mrs. Colomo. Item B: Failed to remove prograw~ with Section l violations (listed above) and mil wriRen notice of Section 1 ~ violations to producer and group, via certified mail. Mrs. Colomo sta~xi that this item goes back to thc violations discussed earlier. Susan Cable stated that some of the Section I rules ~r¢ part of the Cable Act and Federal Law also. Item C: F~iled to submit a n~pona¢, by ¢mail or delive~xl in wrMn~, to Time Warner within seven working days rega~din~ e<~:ilplaims submitted by Time Warner to Channel [0 PAUG/NUPAC. Mrs. Colomo stated that the ie~a~rs were discussed at the last m~'ing with Paula Ko[da. Chairperson Richard Pulido stated that C~-.r~l 10 PAUG has had thc oppom,-~'~ to justify complaints of thc Rules and Regulations and thc current ad~inintmlion h~ been in office for six months. He stated he FoR the curnmt ad~nini~atio{i has ~ ~mple t~ to work on IJ~ vio[~ion~ of tho Rules and Procednres listed in the Sept~nber 30, 2004, I~Xer to Mrs. Colomo f~om the CiIy. Mr. Pulido ~ ~ntecl ~ ~ tllmin~ in th~ ~tleati~ tO Time Warner ia a violation of federal law, but Lisa Agnilar told him that turnin~ in the appli~:~lfion5 ia not a violalion of federal law, but a violation of the Rules and Procedures. He said he had the oppormmty to visit thc tape process at Channel 18 and the tape process for Channel 10. I-~ noted that when he saw the Ck~.~l 18, the producers would turn in tapes and sign the tap~ in. Channel 18 weald then take the box with the tapes and tom tl~nn in with no problems. However, when he wimessed Channel 10 turn in tape~ to Time Wafter, Mr. Bo[den woald turn in the box of tapea, but two Time Wa.rl~r t~hni¢inn~ would Iogin the tapes and give copies of the log to Mr. Boiden. Mr. Pulido then stated that the teclmiciana viewed all the ~ at the heginning and end befoce heine aired to note po~ible dizerepancies. Mr Pulido azked Pa.la Kolda wff. h Time Wagner if the t.~:hlfi¢iann were s~opozed to go through this proems. Mrs. Kolda replied no Mr. Pulido said he felt that was negligence on thc PAUG because that is a re~q}onsibility of the PAUG, not Time Wame~. Mr. Bolden stated ~hat the proceas he follows is the procesa tliat Ima taken place for the paat six years. Mrs Colomo said that all the problems a~ a result of the previous adminintratien_ Mr. Pulido replied rhn~ during the previona admini~i~a6On he did spot chocka on th~nn also. He sm:ssed that the main point ia that there al~ too many violations and they continue. Mr. ~ ~ that he did not think decertificatien was necessary at th~ time _bo~,,~e he thinks the iaaues could be worked ou~ if the PAUG is given more Ume. Sylvia Dancer recommended deccrdfying the PAUG Ix~n,,~e the Channel 10 PAUG had been told several ames to hold a membership meo'inE and no mee~in~ has yet been held. She also ~uted that they should be decertifled becam~ of all the vin~ation.~ ofth~ Rilles and P.,~qllatJo~_ Mr. Pulido stated they ~ SendinE a profound 1:1~88~e to all non-profit orgamzafiona, tha~ th~ will not tolerate leniency to the Rules and Procedur~ ~tabiished by the City. M~. Colomo stated that there is a crimim~l mvestisa~m against some of ~ people in the mo~in~ al:id if the Cable Comminsioll do~rti~.gd ~ i~ wollld look like inlimjdntion. Sho a~o said tl~ this is obstruction of juzfice and thc City will have a lawsuit on their hands and she will 8~ all the news media involved. Mr. Pulido said that in Septemb~ they ~ given thirty daya, and then g~ven an additional two weeka to reaolv~ and provid~ additional informal~on to th~ Commir~ion. Mrs. Colomo explained that she haz no~ b~n able to hold an official m~in~ smco she b,u taken office. She also saki ~ she has been communicaling with T'm~e Warner by phone stnce she was elected preside~ She then staled that if she do~ not do her job by Octoto~ 28, then she would ~sign. Mr. Pulido said he waa ready to make a decision on whether to deecnffy the PAUG. He ~te~l he has spent many ~ u3~8 to mv~o~t,~ what is 8oing on and why the council is beinE bothered. He also said that he unde~tands that if the PAUG is decertified, that the Commission wottld have to take on the mtdifional responsibilities. He has the u~og resp~ot for M-~. Colomo, b~ he feels thts PAU(} has too many diacrepancies and feels the Commission should take control of the oum~ si~,mtlon_ Chairperson Richard Pulido mo~on~l to deee~y the Cl~,,el 10 PAUG based on the conditions of the Rules and Procedures that have been violated for the past several months. Sylvia Dancer seconded the motion_ Commissioners Richard Pulido, Sylvia Dam:or, and Adria Palacios voted to ~n~tfify and Commissioner Juan Garcia voUni not to deccrtify. REPORT FROM CABLE OPERATOR - Paula Kolda, Tin~ Warner, said she can app~cia~ the sUess and difficulw the Commission ~ had to deal with. She eninl~ there axe a lot of issues ~ need to be cleared between the PAUG and the City and that there ate too many producers REPORT FROM CHANNEL 10 PUBLIC ACCESS USEI~S GROUP - No report. 4. PUBLIC COMMENT - lack Gordy ~n~ thai he knows dcccrtifying the Channel 10 PAUG was a di~colt decision by thc Cable Communications Colnminsio~, but stated that thc Chnnn¢l 10 PAUG was told on s~vo~al occasions to hold a memhe~fip me~in~ and none was held. Roland C~ar~ s~ated that the produc~ were not given any ben,sty fxom the l~:ad~s of Channel 10 PAUG and a vn.nt majority of the preduce~ just want their lapes to be aired. Bob Klepac wanted to clafif3' that M~. Colomo is s~dll President of NuPAC, not Channel 10 PAUG. Mr. Pulido recommended to Commissioners that forms need to he revised 'mgloding tho Rules and Procedures. He ~t,,d he will know by Wednesday where the new tape drop-off located will he. J,ma Garcia suggested puttin8 a PSA on Channel l0 to inform producers of new picknp location. COMMISSIONERS COMMENTS - Juan Garcia noted that he does not see any rea~ why prol:o~y owners in Coq~s Christi cannot prcduee a show. Sylvia ~ thanked evet3,one for cominE and hopes that a new PAUG will he develof~! soon. Richn nt Pulido noted that he haz the ummst ~ fo~ M~. Colomo, but this decision wa~ necessary _b4~'~,1~ [he pmscam wa~ not worl,i%o 6. ADJOURNMENT - Sylvia Dancer moved to adjonm the meeting and b,an Garcia seconded the motiolt All Commi~tsioners approved. The me~ing adjourned at 7:52 p.m. APPEAL TO THE CORPUS CHRZS'F[ CI-I-Y COUNCIL [, Cruz Rulz Colomo, President of NUPAC, INC., acting on behalf of the curre of NUPAC, iNC., to-wit: kls. Cruz Rulz Colomo, President Eldridge Sneed, Sr. Vice President Paul Pawlack, Vice President Gary Porter, Treasurer Emile Bolden, Seo'etary Vlrglnio Gomez, Parliamentarian .ludge Joe A. Gonzalez, Advlsur I, Cruz Ruiz Colomo did personally appear befclre the undersigned authority and state that we are appealing the wrongful action of desertiflcation which took place on Monday, October 11, 2004, by the Cable Commission under the direction of Richard Pulldo, Cable Chairman. We further allege that none of the allegations are true and correct and that all such allegations occurred during the administration of Bob Klepac, Past President of Nupac, Inc. t4r. Bob Klepac was very negligent during his term of office, not only by not forwarding copies o1: applications rTom producers, which he alone possessed (since the lottery and meeting took place under his leadership, and he should have had those applications two weeks prior to April 22, 2003, and he did not), but by not cooperating with the new Nupac Board since April 22, 2004, and not turning over the documents, co~pendence, hank statements, checkbooks, IRS correspondence and Secretary of State correspondence. That I have had to operate for the past five montlls, without the necessary documents to enable me to perform my duties. That after n0merous pleas of help to both Susan Cable, E Government Services and Richard Pulido, Chairman and the Cable Commission (minutes will reflect) no help or demands were made of Bob Klepac, even though he attended every single Cable Commission ~4eeting (without authority, as he Is not a producer, since he Is not a resident of Corpus Christi and never has been and his entire presidency was null and void and caused such mental strain, finandal and emotional hardship to the entire membemhlp of NUPAC, INC., and particularly Its current Board of Directors. Furthermore, Bob Klepac willfully and maliciously intervened and deliberately turned off the electricity and telephone at the studio, thus causing us to be without utilltJes for a period of over a month. ! cemmunlcated the same to Susan Cable and the Cable Commission and no action was taken and no quest. Ions were asked of Bob Klepac, even though he was In attendance at all Cable Commission meetings. BOb Klepac was instead treated with courtesy and dignity, which neither [, nor my Board have been given. All of my I~oard members have been treated with such disrespect, accusations and allegations that we have had nothing to do with. We respectfully appeal to the Honorable I~layor, Loyd Neal and respectJve City Council 14embers to reverse the derision of the Cable Comml~clon to deccrtlfy Nul~c, [nc., without cause, and furthermore: that the Cable Commission, doing business as Corpus Christi Community Public Access Channel 10 (and not certJfled) Immediately ~se from engaging under such name, as not only are they not certified as a Paug, but do not even have an assumed name certificate on file. Furthermore, we respectfully request that the Cable Commission acting as interim Paug, be restrained from conducting the lottery and membership meeting that we have scheduled for Thursday, October 28, 2004, as that would constitute and cause and has caused financial hardship and great emoUonal stress to the entire Board of Directors of Nupac, [nc., In particular to Its President, Cruz Rulz Colomo. We respectf~Jlly request that the Cable Commission be enjoined and directed not to conduct such lottery and meeting scheduled for October 28, 2004, and walt until after the Appeal decision is made by the Corpus Christi City Council at Its next regularly scheduled council meeting. That the schedule change of programming which will arise out of the lottery and meeting scheduled for October 28, 2004, Is not an emergency and can wait in the best interest of all concerned, since the schedule change of such programming will not take place until December, 2004. Furthermore, we respectfully request that the_Nupac, Inc. Board feels that such deliberate and negligent action taken by the Cable Commission to decerlJfy Nupac, Inc., for no cause or merit, would be construed as retaliation because of the ongoing criminal Investigation being currently conducted as a result of the current Nupac, Inc. Board. That such desertificatlon would also be construed as an obstruction of Justice, as it would seem that the Cable Commission has neglected to aide Nupac, Inc. in correcting past mismanagements of ~unds and Nupac, Inc. In its rules, procedures and conduct of office. It would seem that the Cable Commission wants to protect Bob Klepac and Its wrongdoings by not demanding he correct his past ac'dons, and the Cable Commission's failure to Intervene and aide Nupac, Inc., and Its requests for help and Instead hampered and caused obstruction and demand after demand to the Nupac, Inc. Board of Directors, thereby causing a great miscarriage of JusUce, harm, and deliberate attempt to cause obstruction of Justice thus preventing the Nupac, Inc., Board from acting in Its plight for Justice! THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY personally appeared before me, Cruz Ruiz Colomo, President of Nupac, [nc., who solemnly swears that she is the person whose name appears before me, and that the above statements are true and correct, to the best of her ability. SWORN TO AND SUBSCRIBED BEFORE ME ON THIS 18m DAY OF OCTOBER, ;[004. NO'I'ARY PUBLIC, In and for Nueces County, Texas (~tob~r 22, 2004 APPEAL TO THE CITY OF CORPUS CHRISTI, CITY COUNCIL I, Richard Pulido, Ch~iqnan, Cable Communic.~fion Commission to-wit: Ms_ Norms Torres, Vice Chsirperson, Commissioner Ms. Adria Palacio, Commissioner Ms, Sylvia Dancer, Commissioner Mr_ Juan Garcia, Commissioner l, Richard Pulido, did hold an official meeting before the undersigned authority and stme that wc officially deccrtified NuPAC as the Channel I 0 PAUG on Monday October I 1, 2004_ The Commissioners voted to decertify NuPAC as thc Channel 10 PAUG duc to thc continuing negligence and sub-standard performance of the NuP AC Board o f Directors, which officially took office on April 22, 2004. During the course of their administration over the past six months, the Commission has been extremely patient and offered guidance and support regarding their responsibilities to follow and enforc_~ thc Rules and Procedures for Public Access Cablec&?ting established by City Council in the Master Cable Se~ices Regulatory Ordinance and Section 2-183. After repeated reminders and warnings to focus on very km~rtant issues related to their PAUG responsibilities, the NuPAC officers continued to ignore our recormnendations and suggestions_ The actions ofF. mile Bolden, Cruz Ruiz Colomo and other officers, display full evidence of gross negligence of their duties and responsibilities_ The appeal letter submitted by Cruz Colomo on behalf of the Board of Directors demonstrates the officers' total lack of understanding ora PAUG's roles and responsibilities, and a total disregard of the Rules and Procedures, which have been in place for a number of years. To ensure that public access is compliant with federal and local law, and that the plug- and-play process runs smoothly, the CaNe Commanications Commission has consistently directed both the Channel 18 and Channel 10 PAUG's to follow and enforce the Rules and Procedures, as reflected in minutes of our meetings over the last several years. The Cable Communications Commission has no involvement in the City contract for studio management. The ongoing violations of the Rules and Procedures have absolutely nothing to do with the studio issue~ Ms. Colomo keeps bringing up as an excuse to disa~ard their responsibilities as a PAUG and City Ordinance. Actions ofwior adminislrations have absolutely no impact on compliance of the current officers, and previous officers were held to the same accountability to which the current officers are being held. All Commissioners have repeatedly made this clear to NuPAC officers in special meetings and strongly directed them to focus on their PAUG responsibilities, and the ongoing complaints and violations of the Rules and Procedun~. These complaints have come from Time Warner, producers, and citizens, and involve violations primarily by NuPAC officers. In addition, the schedule for the semi-annual time slot lottery is established by City ordinance in the Rules and Procedures. Following this ordinance, lotteries are held on the fourth Thursday in April and on the fourth Thur~Ry in October_ These requirements have be~n in existence for several years_ Producers know the lottery schedule. I have contacted many producers myself about the upcoming meeting, and Time Warner has been running a bulletin with the lottery date, time, and location. At the lottery, producers select a number, then, in sequence, select their time slot_ The process is very straightforward and can be completed in approximately 1_5 hours or less. To reschedule the lottery would create a significant problem for producers. First, it would require modification ora City Ordinance that has worked very well for producers for the past several years. Secondly, there would be limited time to contact current and potential producers to notify them of any changes. There is absolutely no reason to re~:hednle the Fall lottery. The following are examples oft. he many violations of'this adminismition for which the Cable Communications Commission determined the need to decertify the group. The authority for this action is dinxted by City Ordinance. Copies of access program tapes, Time Warner reports, Commission meeting tapes, producer complaints, and other documentation are available. The violations of the Rules and Procedures are as follows: · An officer continuously runs two original programs each week, instead of the allowed one. · An officer submits his own second original tape in another producer's box, thus getting two weekly series. · An officer runs a program with two indecent exposures and even after a call from a Cable Commissioner, runs another program with indecency. · An officer runs a program soliciting donations even though the organi?ation is not a 501(c)3. · An officer runs programa that are promotional music videos for Columbia, Atlantic and other national recording studios. · An officer din~ted Time Warner to replay old tapes for producers who failed to submit a weekly ori~nal within the same lottery period_ · Officers continue to use an application form that includes statements in violation of federal law (fi'eedom of speech), even after being told of the violation. · Ol~icers fail to distribute the updated Rules and Procedures, approved by City Council in March 2004, even though 80 copies are provided to them in April 2004, 70 copies are provided to them in August 2004, and they have collected dues of $20 per producer to cover distribution costs_ · Even though they collect tapes from producers each week, officers fail to provide Time Warner a schedule. · Even though they had six months to have producers who submit weekly tapes complete an application, officers submit to T'u~e Warner only 12 of 52 applications. After direction was given by the Cable Commurdcatons Commission at several special meetings, officers communicated to the Commission in September 2004 that they have an additional 18 applications, and then left without giving them to the Commission or the Time Warner representative at the meeting. · Officers failed to investigate and notify prtxlucers and associated groups of violation complaints ofcommeroial prograrmning restrictions_ Ms. Colomo stated at a Commission meeting that they did not want to spend time writing to people. · Officers failed to investigate or respond in writing or e-mail to complaints submitted by producers. Ms. Colomo stated at a Commission meeting that she was getting too many complaints. · Officers failed to respond in writing or e-mail to Time Wamer's complaints regarding non-compliance with technical standards (quality, format, labeling, identification and length), and removal of programs for commercial advertising, failure to submit tapes for two consecutive weeks, and other violations. Time Warner commurdcaled in writing to Ms. Colomo in June, July and August 2004 with no response_ · Officers failed to remove programs with violations according to the Rules and Procedures (failure to turn in tapes - 15 in Septembex, commercial programming - 3, non-local programming - 5, etc.). · Officers failed to submit Channel 10 PAUG updated by-laws to establish procedures required to address internal complalnl~ not covered by the Rules and Procedures, complaints regarding a violation of rule~ in Sections 2 or 3. As you see, these are not allegations of incidents oceurdng during previous administrations; rather, these are real and documented problems occurring under this administration and the responsibility of NuPAC officers acting as the Channel 10 PAUG that was certified, with the authority of City ordinance, by the Cable Communications Commission. The current officers of NuPAC cannot get beyond their conflict with the previous administration to accept and address current responsibilities ofa PAUG for Channel 10. A current officer has an upcoming assault trial involving a previous officer and has aired a prognun in which he shows a gun twice, and threatens the prior officer to leave the state within a certain time flame or he will end up like a person who is dead. In Ms_ Colomo's appeal letter, not once does she mention or address even one of the violations discussed with NuPAC over the past thxee months or the responsibilities of a PAUG. The Commission took a positive approach, encouraging NuPAC to work together with producers to resolve the issues, correct the problems, and even communicated that we would pardon the offenses if corrective actions were taken. Ms. Colomo and the NuPAC have communicated no interest in accepting the responsibilities ofa PAUG, and no interest in addressing the numerous violations. The Cable Communications Commission stands by the position that the Rules and Procedures for Public Access Cableeasting are important requirements for the success of public access, and that a responsible and responsive PAUG must be in place for the process to work effectively and in legal compliance. Ms. Colomo has persnaded the District Attorney to reopen a crLminal investigation to investigate the funding issues. She claims that the Commissioners are interfering with this process when indeed we are only focused on the current roles and regulations. This has no bearing on the ongoing investigation. In summary, we the Cable Communication Commission are seeking one simple requirement and that is compliance to rules and regulations. We have spent countless of hours with increased special meetings outside the scope of our responsibilities to resolve these issues. Yet, this current PAUG Channel 10 refuses to neglect their duties and responsibilities. PAUG Channel 10 has not leveled with us and has caused total mistrust with the Commissioners. We are committed to Quality of Life, and ensuring we maintain the high standards for ourAil-.4meriean C/ay, and Citizens of Corpns Christi, TX. We strongly feel that we are displaying our duties and responsibilities with the utmost dignity, professionalism and dedication to ensure that the citizens are enjoying the Freedom of Speech via the Public Access airways. Chairman, Cable Communications Commission AMENDING THE CODE OF ORDINANCES, CITY O~C~}{~iJ~'' ; CHR.STI, CHAPTER 6ii, REGARDING RULES AND P~-.~ _~<"- /,,~ FOR PUBUC ACCESS CABLECASTING; PROVlD_I_.R~. a F~_O~__ ,¢?:' PENALTIES; PROVIDING FOR SEVERANCE; AND PROVlDI~~;/ PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1 Article XVIII of Chapter 55 of the Code of Ordinances is amended by revising Exhibit A, Rules and Procedures for Public Access Cablecasting, to read as follows: "Exhibit A RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING SUMMARY OF ROLES / RESPONSIBILITIES / PROCESS Public access users: Individuals produce programming for cablecasting following specific participation rules and adhering to production standards_ To obtain a regular weekly or monthly fimeslot, users participate in bi-annual public access fimeslot lottery_ These are called sedes users. · For random placement of nonrecumng show (i.e_, a show that is not regularly produced), Users submit tapes, which are inserted in available timeslots by the PAUG. These are called Occasional Users. Public access user group (PAUG): Users organize themselves according to by-laws, electing among themselves officers and a board of directors. The PAUG conducts a bi-annual public access timeslot lottery for each public access channel according to the rules and procedures, and uses those results to develop a public access schedule for each channel. · The PAUG receives and schedules programming submitted by occasional users. The PAUG collects and makes available for pickup by cable operators the schedules and tapes for each channel. · The PAUG administers the rules and procedures; users may appeal decisions of the PAUG board to the cable commission and, after that, to city council. The PAUG may require series users to pay nominal momborship duos fees to offset minor operational expenses. Marc~ 2 2004 pu~lc e,',~.~ rules ordinance. DOC 2 There may be a separate PAUG for each public access channel. Cable operatom: Franchised cable operators each provide plug-and-play of public access programming according to the schedule provided by Ute PAUG. Cable commission: The cable commission mediates any disputes brought to it by the PAUG. RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING Channel space o~ public access channels is available free of charge to any adult resident of the City of Corpus Christi in accordance with the following rules and procedures, as adopted by the Cibj Council of the City of Corpus Christi. Submitted program tapes will be cablecast by all franchised cable operators as provided in their respective franchises. Requests for live feeds may be made in accordance with rules adopted by the cable communications commission, with the consent of the cable operators; These rules may be amended by city council following recommendation from the cable commission or franchised cable operators in the City of Corpus Chdsfi. § I Rules for participation_ Users must complete and sign a programming contract. In signing the programming contract, the user warrants that the following rules will be observed: All programs must be produced by a user as defined in section 4. All programs shall not be commercial as defined in section 4. No program shall be transmitted that requests contributions unless the solicitation is on behalf of an organization that has received tax exempt status under 501(c)(3) of the Internal Revenue Code. MaxJmu~ time to request contributions In a program is five minutes_ No program shall be transmitted that contains copyrighted information for which proper clearance or authorization has not been obtained. No program shall be transmitted which contains obscene or indecent material. All programs must include proper program identification as defined in section 4. · All users mutt provide two copies of each program on separate tapes, labeled in acoordanse with tho instruotJons in section 2. Except as otherwise permitted by applicable law, neither the access user group nor the cable operators will restrict the content of any program. § 2 Technical standards and praduction requirements. 3 Programs submitted for cablecast must conform to the technical standards and production requirements established for cablecast by the FCC and City of Corpus Christi Public Access Rules. The programs shall not cause the cable operator to be out of compliance with any applicable FCC Technical Standards_ Quality: Programs must deliver, in good quality, clear audio and video throughout the entire length of the program. Format: a. Users must transfer all other formats (including 1/2" Beta, VHS "C", Super VI-IS, Reg 8, 3/4 U-Matic, and 1" tapes) to 1/2" VHS (SP spccd) tapes, Super VHS tapes, or Consumer DV tape for cablecasting. b. All tapes must be rewound to beginnin{] of tape. c. As new technology changes and formals become more conventional in the consumer markets, additional formats may be added to reflect current markot use. The decision to add or delete formats will be made by the cable commission based upon a request h'om an access user group and/or the cable operator(s)_ Labeling: Alt users must cleady label tapes as follows: on tho top of the tapo and on the 6loove of the tape box. Each tapo must havo a labol containing the following: a. Name of individual ~pcnccr producer and orqanization (if apl)licable~ and telephone number b. Title of the program c. Length of the program On the spine of the ta~e: d.a_~ T'rtie of the I)ro~lram D~to to bo played and r~eduling numbor (as dotorminod by timo~lot lottory). b~_. ~meslot number (as determined by Timeslot Lottery)_ Identification: Only one program may be recorded on a tape. a. There must be either 60 seconds of color bars followed by 10 seconds of black or 60 seconds of black at the beginning of your program. b. There must be 60 seconds ol= black ali the end of your program. c. Programs must include the program iden~cation as defined in section 4 Length: a_ All one-hour programs must be 59 minutes in length. Ma~ch 2 2004 public ac~a~s rule~ ordlnar~ce. DOC 4 b. All half-hour programs must be 29 minutes in length. c_ Occasional programming beyond 59 minutes (such as high school sporting events) may be shown pursuant to rules established by the cable communications commission with consent of the cable operators. Deadline: The access user groups will establish deadlines for pickup and delivery of tapes, In cooperation with the cable operators. § 3 How programs are scheduled. Public access for series users. Time slots: Sedes programs are given a regular, weekly slot. Time slots are awarded during the semi-annual ~mc.c!c! time slot lottery. Conflicts on requests for time slots will be submitted to the cable commission for arbitration_ Sedoc programc are given a regular, wookly slot. Time slots are awarded dudng tho semi annual timeslot Iottory. Conflicts on requosts for time clots will bo submittod to tho coble commission for arbitration. Each user may have only one series, not to exceed one hour per week, except as provided above in section 2, Length, and except as provided in Section 3, Lotteries and Schedules. Pursuant to rules established by the access user grOup, a user may substitute another program in place of the repeat program. Aoplication: No later than two weeks prior to each bi-annual timeslet time slot lottery, each series user must submit a completed public access cablecasting application to their respective access user group, and provide current copies to cable operators, including the following items: a. User's name b. Program name c. Length of the program d. Frequency (weekly or monthly) e. Access channel (10 or 18) (Note: A sedec program An individual user or orQanization must select one channel for cablecasting of both first-run and repeat showings. Programs cannot be run on both channels.) f. Address and telephone number Lotteries and schedules: There are two Io[lery pedods. The Sprinq lottery pedod be~3ins the first Sunday in June throuqh the day precedinq the first Sunday in Ma~h 2 2004 public access nJles o~:llnance. DOC 5 December. The Fall lottery pedod be(~ins the first Sundav in December throuqh the day precedin~ the first Sunday In June. Users will attend the timc=lct time slot lottery as noted in a and b below. Tho oablo oomrrmnlcot:lon6 commie61on will schedule lho lottery for the initial schedule for channol 10. Thoreaflor, letteplee Lo,odes will be conducted as follows: a. The spdng lottery is conducted on the fourth Thursday in Apdl at "h30 p.m. with the new time slots actually beginning on the first Sunday in June_ b. The fall lottery is conducted on the fourth Thursday in October at ,1:30 p.m. with the new time slots actually beginning on the first Sunday in December. The public access time schedule will be broken into 30-minute intervals. Each user will draw a selection number randomly, with the lowest number having the first choice of time slots and continuing until all numbers am issued. The selection numbers will be determined by random selection Based on selection numbers, each user, one-by-one, selects an available .'!mc=!ct_time slot. Alter ail users select timeslets time slots for their first-run shows, those requesting a repeat showing will then select their timeslots in same order as the initial ~mcc!ots time slo{s were selected, not to exceed one repeat per show. A 13to, ram may be broadcast as an odclinal in subsecluent lottery periods. One lottery will be executed for Channel 10 by the Channel 10 access user group and one lottery executed for Channel 18 by the Channel 18 access user group. No programs will bo cchodulod during holidayc_ Public access for occasional users. Single Umeslots of lenglhs as noted above in sec'don 2, Length, will be available for occasional users on a first-come, first-served basis. Occasional users must complete a public access cablecasfing application no later than two weeks prior to the desired cablecasting date and comply with all rules set forth herein. Flint-come, first-served is determined upon receipt by the access us, er group PAUG secretary. In addition to a first-run showing, a program may be repeated as channel space allows, not to exceed one repeat per show_ A pro~ram may be broadcast as an oriqinal in subsequent lottery ~eriods. No pro<Jmms will be scheduled dudng holidays_ March 2 2004 pubic acc~s~ nde~ ordnance. DOC 6 Forfeit of time slot if a sedes user fails to supply tapes for two consecutive weeks I'or a weekly program hvo consecuflvo month6 for a monthly program), the user forfeits the timeslot ~ next Iottory for the remainder of that lottery period. A series producer of a monthN pro. ram must supply a fade within the flint two ';.'cc,~s of the new lottery schedule or forfeit the lime slot for the remainder of that lottery period. After that, if a series user fails to supply a fade for a monthly proqram dudn~ the mohU~ of scheduled airinq, the user forfeits the time slot for the remainder of that lottery period. § 4 Defined terms. Access user group - As set forth in the Cily C~3de of Ordinances, section 2-183, membership of the access user group may be composed of any individuals who are residents of the city as well as representatives of community, public Interest, or neighborhood, notwffhstanding any other provision, representatives of the cable operator may be members of the access user group. Access user groups are organized separately and independently from the city and am not boards, commissions, committees or any other subdivision of the city. One access user group may be established for each public access channel_ Each user is entitled to vote on all matters pertaining to establishment of access user group bylaws and election of officers. Commercial programming - Any programming which Is cablecast for remuneration of any kind, whether directly or indirectly, or programming which includes, in whole or in part, content whether audio, video or text intended, directly or indirectly to promote any service, or product; or includes commercial advertising of any kind; or contains lottery or sweepstakes information. The cable communications commission has established guidelines concerning the advertisement of commercial products or services in an access program. Holidays - Martin Luther King, Jr_ Day, Memorial Day. Fourth of July, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas, and New Year's Day. Locally produced proclramminq means pro(Irammin~ taped in the Comus Chdsti recllon, or oertainirm to locally specific issues, or oertainin<3 to local residents. Program identification - The tag at the beginning and end of the program must bear the user name, and title of program as it appears on the user application and the production date. The tag must appear for at least ten (10) seconds, in the audio or video at the beginning and end of each program_ Public access channel (sometimes herein "channel") - This is the cable television channel or channels on which public access programs are cablecast, currently Channels 10 and 18. March 2 2004 pul3~lc access m~es o~inanc~.DOC 7 Public access time allocated schedule - The block of time slots allocated to each public access channel that are available and are allocated by Iotteq/during the semi-annual timeslot renewal period. The block of time will be determined by each PAUG by calculating the number o~ users and programming hours for all shows including repeats. The intent is to develop a block of time slots that provide for consecutiveprngramming, without gaps in the programming schedule. Repeat program - A program which was previously aired on any public access channel. Semi-annual ~,"',,cclot time slot renewal period - A period beginning Apdl and October of each year. during which all who wish to request a series for the upcoming six months must submit an application. Series - A locally produced public access show ~rom a single user_ A sedes can be either weekly or monthly. User - Any adult resident of the city who, upon having paid any fees required by the access user group and having executed a program contract, produces locally noncommercial programs for the public access channels_ Proof of eligibility must include a local street residence address and a local contact telephone number along with valid identification (such as a driver's license). § 5 Amendments to rules and procedures for public access cablecasting. These rules may be amended by city council following recommendation from the cable commission or franchised cable operators in the city. The city shall give any cable operator sixty (60) days' written notice of any proposed amendment to the rules and procedures for public access cablecasting. In the event that a cable operator objects in wrrdng, the city and the cable operator shall thereafter meet and negotiate an amendment reasonably acceptable to all parties. In no event shall any amendment imposing greater obligations or restricting the dghts of any cable operator become effective without the written consent of that cable operator. § 6 Violation of rules. The Channel 10 Access User Group Board of Directors will receive and invest~oate comlflalnts concemin(~ violations of the above rules on Channel 10. The Channel 18 Access User Groul3 Board of Directors will receive and invesfl<oate complaints concemin(3 violations of the above rules on Channel 18. a, Violations of Section 1. No program will be permitted to air over the public access channels if a user or program violates one or more of the rules identified in section 1. The Channol 10 ac, c, osc user group will rocaive and invoctigato complaints concerning violationc of tho above ruloc on Channol 10, The Channel 18 access uoer group will rec, eivo and investigate complaints oonoernlng violations of the abovo rulo¢ on Channol 18. ~'he access user group will inform the user who produced the program that is the subject of the complaint Mard~ 2 2004 p~bllc access rides ordinance.DOC 8 of the s~fit'~c Section 1 rule that has been violated and of the complaining party's name and contact information, ff a complaint has be. ch received from an individual or (IroUo. I[ any PI~ tho above rule~ have boon a Section I rule has been violated, ~ a(~e¢o user grcu~. Access User Group Board of Directors will mall written notice of the violation to the user. The notification letter shall be sent to both the individual user and the group, organization or entity which an enti~ purports to represent, if there is a different contact person, via certified mail, return receipt requested, to the address provided In the application. The user may appeal the decision of the 3ococs ut, or group Access User Group Board of Directors to Ihe cable communications commission by physically delivering to the city secreta~/'s office a written noti~:;e of appeal on or before eight (8) calendar days from the date the notification letter was mailed. The cable communications commission shall held the hearing for appeal within fourtoon (1'1) ~hirl;y (30) calendar days from receipt by the city secretary's ofrme of the notice of appeal. The appellant shall have at least three (3) calendar days' notice of the hearing. The access user group, the city, and the appellant may present evidence. The commission shall prompl~/render its decision. Appeals of commission decision may be made to the city council in accordance ~ the procedures specified in the City Charter. II~ a second adjudicated violation of tho above rulos a Section 1 rule occurs wi~in twelve (12) months after the first adjudicated violation, then the user will be ineligible to use the public access channels for thirty (30) days. If the third adjudicated violation of ~.~ abovo rules a Section I rule occurs within twelve (12) months after the first adjudicated violation, then the user shall be ineligible to use the public access channels [or one year. Pedods of ineligibility to use the public access channels shall commence and removal of a program from the public access channel Shall occur after the later of (a) the last day on which a user may timely commence an appeal of a decision specifiad in a notification letter, or (b) the date an appeal is concluded. A program finally determined to be in violation cannot be transmitted again until edited to remove the violation has been remedied. Neither multiple cablecasts of a single program nor multiple viola'dons of these rules in a single program shall form the basis for more than one adjudicated violation of the above rules_ b. Violations of Sections 2 or 3 and General Complaints ('1) If a User or Access User Group Board of Directors has an intemal complaint not covered by the rules and procedures, or a complaint regardin~l a violation of rules in Sections 2 or 3. the User or Access User Group Board of Directors shall follow procedures established bv their clroula's certified bv-laws. If a complaint is not resolved within seven (7) workinq days. a User or Access User Group Board of Directors shall submit the complaint, by e-mail or delivered in writinq, to the Cable Communications Commission. and the item shall be placed on the a(aenda for the next scheduled Cable Communications Commission meetin(I. (2) If a User or Access User Group Board of Directors has a complaint rerlardin~ a cable provider, that coml~laint shall be submitted, by email or delivered in writing, within three (3) workin~ days, from a User to the Access User Group and then from the March 2 2004 public access rules o~dlaance,DOC 9 Access User Grouo Board of Directors to the cable provider within three (3) workine days, The cable orovlder shall respond, bv email or delivered in wriflnq, within three (3) workirl~3 davs. If a complaint is not resolved, a User or Access User Grout) Board of Directors shall submit Ihe complaint by email or delivered in wriflncl to the Cable Communications Commission, and the item shall be placed on the aqenda for ~ next scheduled Cable Communications Commission meetinci. (3) If a cable provider has a complaint reqardinq a User or Access User Group, the cable provider shall submit the complalnL by email or delivered in writincl, within three (3) worldne days to the Access User Group Board of Directors. The access User Group Board of Directors shall submit a resoonse, by email or delivered in writlnq, the cable operator within seven 1'7) workin<3 days. If a complaint is not resolved within seven CD worklr~ days. the cable provider shall submit the complaint, by email or delivered in writina, to the Cable Comrnunlcefions Commission, and the item shall be placed on the a~enda for the next scheduled Cable CommunicaUons Commission meefln.a." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final 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 ~s purpose. SECTION 3. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 of the City Code of Ordinances. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Chdsti. This ordinance shall take effect upon publication. M~n::h 2 2004 pu~llc ac~ss rules ordl~nnc~,DO0 Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garre~t That the foregoing ordinance was read for the first lime and passed to its second reading on this the day of ,2004 by the following vote: Bill Kelly Rex A. KJnnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett PASSED AND APPROVED, this the Al-rEST: ,2004 by the following vote: Bill Kelly Rex A. KJnnison Jesse Noyola Mark Scott __ day of Armando Chapa City Secretary APPROVED: ¢~ - Lisa Aguilar Assistant City Attomey for City Attomey ,2004 Samuel L. Neal, Jr. Mayor 10 2004 pubic access rules o~:I~.DOC 35 AGENDA ITEM: CITY COUNCIL AGENDA MEMORANDUM November 11, 2004 A. Ordinance appropriating $7,000 annual grant provided by cable operators in the General Fund for access studio equipment and facilities; B. Motion authorizing the City Manager or his designee to execute a contract with Corpus Christi Coalition of Public Access Producers for a 12-month pedod with a renewal option ofone additional one-year period, to menage the public access studio with City provided equipment for public access producers for annual grant of $7,000 for equipment and facilities. ISSUE: The officers of NuPAC, Inc. have reorganized as another nonprofit corporation, the Corpus Chdsti Coalition of Public Access Producers ('Coalition'). The Coalition officers assisted in the studio management as officers of the former contractor (NuPAC) and desire to continue management of the studio. REQUIRED COUNCIL ACTION: Approval of the ordinance to appropriate. PREVIOUS COUNCIL ACTION: Approval of contract to NuPAC, Inc. in July 2003 for studio management. FUNDING: Annual grants from cable operators CONCLUSION AND RECOMMENDATION: Approval of the ordinance and motion. ORDINANCE APPROPRIATING $7,000 ANNUAL GRANT PROVIDED BY CABLE OPERATORS IN THE GENERAL FUND FOR ACCESS STUDIO EQUIPMENT AND FACILITIES; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $7,000 annual grant provided by cable operators for FY 2004- 05 is appropriated in the General Fund for access studio equipment and facilities, 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. ATrEST THE CITYOFCORPUS CHRISTI Armando Chapa Ci~ Secretary Approved: November 12, 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 l. he emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and volJng upon ordinances a~ 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 ChdstJ 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 CONTRACT TO MANAGE PUBLIC ACCESS STUDIO WHEREAS, this Contract ("Contract") is between the City of Corpus Christi, a Texas home- rule municipal corporation, ("City"), and Corpus Christi Coalition of Public Access Producers, Inc, a Texas nonprofit corporation ("Contractor"); WHEREAS, the City desires to allocate funds provided by Texas Cable Partners, Inc. ("Time Wamer Cable") and Grande Communications Inc. ("Grande") pursuant to franchises granted by the City of Corpus Christi for public access studio equipment and facilities; WHEREAS, Contractor shall provide evidence of its bylaws regarding financial controls in compliance with attached exhibit A; NOW, THEREFORE: in consideration of the premises and the mutual covenants contained, in this Contract, the parties agree as follows: SECTION1. TERM 1.1 This Contract shall be in effect for twelve months from date of City Manager signature, with the option to renew for one (1) additional one-year term upon written approval of the City Manager. The Contract takes effect upon execution by the City Manager ("Effective Date"). 1.2 Upon expiration of this Contract, Contractor agrees to hold over under the same terms and conditions for such period of time as is necessary for the City to contract for replacement services, at the written request of the City Manager or the City Manager's designee ("City Manager"). SECTION 2. CONTRACTOR OBLIGATIONS 2.1 Contractor shall manage and operate a public access studio ("studio") for use by City residents in production of public access channel programming for broadcast on the local public access channels. 2.2 By December 1, 2004, Contractor shall operate the studio for public use of the studio and editing equipment, and for public check out of equipment, for a minimum of eight hours a week, including at least one evening per week from 6:00 p.m. to 9:00 p.m. However, if eight hours are booked for usage by public access producers for four consecutive weeks, studio operation hours shall be extended to accommodate usage demands. The users must be Corpus Christi residents. Failure to maintain these minimum hours of operation and to make equipment available to public access producers are grounds for the City to immediately terminate this Contract upon notice to Contractor. 2.3 By December 1, 2004, a designated Contractor representative shall commence training sessions to train new users on the equipment. Contractor shall provide training to the public access producers in the use of the equipment and studio for production of access channel 0220/Nov 10 2004 CNTRCTISorpublicaccessstudio.doc programming within one week of request from producer. Attached as Exhibit G is an example of a studio training agenda. 2.4 By December 1, 2004, Contractor shall complete an inventory of all equipment located in the studio and checked out. Contractor shall label each piece of equipment with a unique identification number. 2.5 By December 1, 2004, Contractor shall create a master equipment list with description and identification number for each equipment item ("Master Equipment List"). Attached is Exhibit B which identifies equipment that was provided to the City in the franchise with Time Warner and which has been located in the studio by city staff, with the exception of two items identified in the Exhibit. Exhibit C and Exhibit D are lists of equipment previously located in the studio by city staff. Attached is Exhibit E which is a list of equipment that has not yet been located in the studio, but for which the C~ has copies of previous contractor payment records. Contractor shall provide City Manager with copy of the Master Equipment List by December 8, 2004. 2.6 The studio is currently located at Contractor's facility at 4531 Ayers Street #102, Corpus Christi, Texas. However, Contractor may relocate the studio upon the prior written approval of the City Manager. 2.7 Contractor shall comply with the attached Public Access Equipment Check Out Rules & Procedures, Exhibits F and H. 2.8 Contractor shall require each studio user to complete a statement acknowledging receipt and compliance with the attached Public Access Equipment Check Out Rules & Procedures, Exhibit F and H. 2.9 Contractor must not knowingly permit the studio or studio equipment to be used for the production of any material which is in violation of Subchapter B: Obscenity, of Chapter 43 of the Texas Penal Code, as may be amended. 2.10 Contractor shall be in good standing with the Texas State Comptroller Office. Failure to do so shall be grounds for the City to immediately terminate this contract upon written notice 2.11 Contractor shall provide copy of its bylaws and articles of incorporation, and all amendments, within five working days of their adoption. SECTION 3. CITY OBLIGATIONS FOR PAYMENT FOR EQUIPMENT AND FACILITIES 3.1 Dudng the first term of this agreement, and during any City Manager approved optional one-year renewal term, City agrees to pay no more than Seven Thousand Dollars ($7,000.00) for the following permissible expenses ("Permissible Expenses"): (i) For repair and replacement of studio equipment and (ii) For costs of public access studio facilities such as rent, electricity, insurance, or studio improvements. 3.2 The City may issue these funds as follows: If Contractor submits a receipt for reimbursement of a Permissible Expense to the City Manager, the City shall issue reimbursement payment directly to Contractor. If Contractor submits a vendor invoice for a Permissible Expense to the City Manager, the City shall issue payment directly to the vendor. 3.3 The parties agree that the City's funding obligations to Contractor are contingent upon payments to the City in accordance with the Franchise Agreements with Time Warner Cable and Grande Communications ("Access Funds"). 3.4 The City shall not be liable for and Contractor shall release, indemnify and hold the City harmless from any claims or demands for: (a) expenses incurred either prior to or after the term of this Contract; or, (b) expenses incurred in violation of the terms of this Contract and its attached Exhibits. 3.5 Notwithstanding any other provision in this contract, the total of all payments made by City under this Contract shall not exceed Seven Thousand Dollars ($7,000.00) during any term of this Contract. SECTION 4. GUIDELINES FOR USE OF FACILITIES AND EQUIPMENT Contractor may engage in activities generating funds using any resources available to it, or managed by it pursuant to this Contract. All such activities must be in conformity with Contractor's status as a Texas nonprofit corporation and must serve to further the goal of promoting the public's use and access to cable television or other media. SECTION 5. USE OF PROPER-FY 5.1 All equipment identified on the attached exhibits and identified during Contractor's inventory shall be assigned to Contractor for use in the studio so long as Contractor makes the equipment available for public access programming production purposes in accordance with this Contract. 5.2 All equipment purchased with Cib/funds received under this Contract shall be assigned to Contractor for use in the studio so long as Contractor makes the equipment available for public access programming production purposes in accordance with this Contract. Contractor shall add all newly purchased equipment immediately to the Master Equipment List, and also label the equipment with a unique identification number. 5 3 Contractor shall be responsible for maintenance, replacement, repair, and insuring of the equipment. 5.4 Upon termination of the Contract, all equipment provided or purchased with funds under this Contract shall become property of the City, and Contractor shall deliver all equipment to the City unless otherwise agreed to in writing by the City Manager. Contractor shall also deliver a copy of the Master Equipment List. 5.5 The Contractor shall: (a) maintain custody and control over all property provided by the City; (b) maintain detailed property records and an updated Master Equipment List; and (c) perform an annual physical inventory. 5.6. If Contractor no longer desires to use a particular piece of equipment, then Contractor shall deliver the equipment to the City<lesignated location. SECTION6 RECORDS 6.1 Contractor shall submit detailed information regarding use of the $7,000 grant provided under this Contract to the City Manager no later than thirty (30) days after the end of each term. 6.2 Contractor shall at all times maintain full, accurate and current records documenting studio and equipment usage. Such records must include logs with the following information: Date of equipment usage, Name of User, Home address of User, Time equipment was used or checked out, description of Item Used or Checked out, Date equipment is to be returned; Time user finished or time equipment was returned, Signature of user, Signature of Contractor authorized representative. At the end of the first term of six months, the parties shall review the usage records for the determination by the City Manager whether this contract is to be extended. 6.3 Contractor shall make its records available for inspection and duplication by the City Manager upon the City Manager's request. 6.4 Contractor shall notify the City Manager if checked out equipment is not timely returned. SECTION 7. PERFORMANCE REPORTS AND EVALUATION 4 7.1 Contractor shall submit detailed information to the City Manager no later than thirty days prior to the end of the term regarding the usage of studio and equipment by public and government access producers. 7.2 The Contractor shall furnish such statements, records, reports, data and information to the City at such times and in such form as the City Manager may require. SECTION 8. REPRESENTATIONS AND WARRANTIES 8 1 The Contractor represents and warrants that: (a) All information, reports and data furnished to the City by Contractor are complete and accurate as of the date furnished to the City, and that Contractor shall promptly notify the City Manager of any mated~il change affecting the accuracy or completeness; (b) All financial statements and information furnished to the City are complete, accurately reflect the financial condition of the Contractor on the date shown on the report, accurately show the results of the operation for the period covered by the report, and that since said date there has been no material change, adverse or otherwise, in the financial condition of the Contractor; (c) Contractor has notified the City Manager of any and all pending or threatened legal proceedings against the Contractor; (d) The Contractor has the power to enter into this Contract and accept payments under this Contract, and the Contractor has taken all necessary action to authorize acceptance under the terms and conditions of this Contract; (e) None of the assets of the Contractor is subject to any lien or encumbrance of any character except for current taxes, except as shown in the financial statements furnished by the Contractor to the City; (f) Conflict of Interest: (1) Contractor will complete the City's Disclosure of Interests form. (2) Contractor's employees shall not be afforded preferential treatment with respect to resources administered under this Contract. 8.2 Contractor shall make reasonable responses to public inquiries regarding its operations. SECTION 9. INSURANCE 9.1 Before the studio is opened to the public within deadline identified in Section 2 above, Contractor shall carry insurance in the following types and amounts for the duration of this Contract and furnish copies of insurance policies to the City Manager as evidence: the (a) Statutory Worker's Compensation for Contractor's paid employees working with access studio and equipment. (b) Comprehensive General Liability Insurance with minimum Bodily Injury, and Property Damage combined single limit of $500,000 for each occurrence to include Premises - Operations, Broad Form Property Damage, Personal Injury and Contractual Liability coverage; and, (c) Fire and extended coverage for equipment provided or funded under this Contract in an amount sufficient to cover the equipment. 9.2 If the insurance policies are not written for the amount specified in subsections (a)(ii) and (a)(iii) above, the Contractor is required to carry an Excess Liability insurance policy for any difference in the amounts specified. 9.3 The Contractor shall not commence work under this contract until it has obtained all required insurance and until such insurance has been approved by the C~ of Corpus Christi Risk Management Office and the City Manager; this Contract shall be deemed not to enter into effect until these approvals have been obtained. 9.4 The required insurance must be written by a company licensed to do business in the State of Texas at the time the policy is issued, and all insurance (other than Worker Compensation) shall name the City as an additional insured. 9.5 The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse. Insurance certificates shall include a clause to the effect that the policy shall not be canceled or reduced, restricted, or limited until 45 days after the City has received written notice as evidenced by return receipt of registered or certified letter. Certificates of Insurance shall contain transcripts from the proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the location and the operations to which the insurance applies, the expiration date and the above-mentioned notice of cancellation clause. 9.6 The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to adjust required insurance coverages and their limits when deemed necessary and prudent by the City's Risk Manager based upon changes in statutory law, court decisions, or the claims history of the industry or Contractor. 9.7 Failure to maintain required insurance is grounds for the City to immediately terminate this agreement without notice to the Contractor. SECTION 10. INDEPENDENT CONTRACTOR Contractor is an independent contractor, having the duty and obligation to supervise and direct the work, and having control over the means and methods by which such work is accomplished. The City is solely interested in compliance with the Contract goals and terms. SECTION 11. CONTRACTOR CHANGES 11.1 Contractor shall notify the City Manager in writing of any change in the Contractor's Board of Directors' or of the Contractor's Executive Director within ten (10) working days of its occurrence. Contractor shall notify City Manager in writing of any change in Contractor's corporate structure, or any Board of Director resolution affecting performance of this Contract, within ten (10) working days of its occurrence. SECTION 12. DEFAULT 12.1 If Contractor has failed to timely and propedy perform any of its obligations under this Contract, the City, without limiting any rights it may otherwise have, may withhold further payments to the Contractor. 12.2 The City Manager shall give Contractor written notice of default. Such notice shall be given by certified mail retUrn receipt requested, hand delivery, or facsimile communication to the Contractor's President. The notice shall identify the nature of the default and the action required for cure. If the default has been cured, the Contractor will be restored to full compliance status and paid any withheld funding. If however, the Contractor has not cured the default within (ten) 10 days from the date Contractor receives the notice, the City may terminate this Contract, or exercise such other remedies available to the City under law or in equity. 12.3 If the event of default remains uncured, the equipment provided or purchased with funds under this Contract shall immediately become the property of the City and the Contractor shall immediately deliver the equipment to the location identified by the City Manager. 12.4 Notwithstanding the foregoing subsections, the City may terminate this Contract immediately without notice of default should any of the following events occur: (a) Contractor fails to maintain its status as a nonprofit corporation under State law; (b) Contractor fails to remain in good standing with the Texas State Comptroller's Office; (c) Contractor fails to provide hours of operation in compliance with Section 2.2 above; (d) Contractor fails to make equipment available to public access producers; (e) Contractor fails to maintain proof of insurance as required in this Contract; or (0 Contractor's bylaws or articles of incorporation are in conflict with Contractor's obligations under this Contract SECTION 13. TERMINATION OR EXPIRATION OF CONTRACT 13 I The City may terminate this Contract immediately with cause if Contractor: (a) fails to cure a default as provided in Section 12, above; (b) fails to maintain its nonprofit status under State law; (c) fails to remain in good standing with the Texas State Comptroller Office; (d) fails to provide hours of operation in compliance with Section 2.2 above; (e) fails to make equipment available to producers; (e) fails to maintain proof of insurance as required in this Contract; or (f) approves bylaws or articles of incorporation in conflict with Contractor's obligations under this Contract 13.2 Either party may terminate this Contract for convenience by giving at least thirty (30) calendar days notice in writing to the other party. 13.3 Upon receipt of notice to terminate, the Contractor shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts, which relate to the performance of this Contract. The City shall not be liable to the Contractor or Contractor's creditors for any expenses, encumbrances or obligations whatsoever, incurred after the notice of termination date. Failure to terminate outstanding orders or subcontracts relating to the performance of this Contract is a material breach of this Contract. 13,4 Upon termination or expiration of this Contract, Contractor shall deliver all equipment provided or funded under this Contract to the location designated by the City Manager. SECTION 14. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other legal action, including without limitations, any communications concerning copyright infringement, or cdminal indictment is brought by any person(s), or entity against the Contractor, Contractor shall deliver copies of such to the City Manager within twenty four (24) hours after receipt. SECTION 15, OTHER NOTICES Contractor shall notify the City Manager within two (2) working days, by providing the copies of documents concerning: (a) Contractor filing for relief under the Bankruptcy Code; (b) the appointment of a trustee, receiver or liquidator for all or a substantial pad of the Contractor's property; (c) any reorganization, or liquidation proceedings by or against the Contractor; and (d) the filing of any lien or attachment against any property or bank account of Contractor. SECTION 16. ASSIGNMENTS Contractor shall not transfer, pledge or otherwise assign this Contract or any interest in this Contract, or any claim arising under this Contract, to any other party, bank, trust company or other financial institution. Any purported transfer or assignment made in violation of this Section is null and void. SECTION 17. NO THIRD PAR'fY BENEFICIARIES This Contract does not confer any enforceable dghts to any person or entity, which is not a party to this Contract. SECTION 18. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS The Contractor shall comply with all applicable laws, rules, regulations, procedures and policies of the Federal, State and local governments. SECTION 19. LEGAL AUTHORI'f-Y The persons executing this Contract on behalf of Contractor represent and warrant that they are duly authorized and empowered to execute this Contract, that Contractor has taken all action necessary to approve this Contract, and that this Contract is a lawful and binding obligation of Contractor. SECTION 20. SEVERABILR-Y OF PROVISIONS If any provision of this Contract, or its application to any person or set of circumstances is held to be unconstitutional, invalid, or unenforceable, that holding shall only affect the words, phrases, clauses, or provisions so held, and such holding shall not affect the remaining portions of this Contract, this being the intent of the Parties in entedng into this transaction; and all provisions of this agreement are declared to be severable for this purpose. SECTION 21. NON-WAIVER OF PERFORMANCE In no event shall any payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to the City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No waiver by the City of any one or more of Contractor's defaults shall operate as an express or implied waiver of any other existing or future default. Waiver by the City shall not be deemed a practice or course of dealing between the parfies contrary to the express terms of the Contract. SECTION 22. INDEMNITIES 22.1 Contractor for itself and its agents, employees, subcontractors, and the agents and employees of said subcontractors, shall defend, indemnify and hold the City, its successors, assigns, officers, employees and elected officials harmless from and against any and all claims, demands, suits, causes of action and judgments, whether in contract or in tort (including negligence and strict liability), arising out of, or incident to, concerning or resulting from the performance of any services under this Contract or the negligence or willful misconduct of Contractor, its agents employees, and/or subcontractors, in the performance of services under this Contract, including, but not limited to, claims for: (a) damage to or loss of the property of any i3erson (including but not limited to Contractor, its agents, officers, employees and subcontractors, City's agents, officers and emptoyees, and third parties); (b) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of Contractor, Contractor's subcontractors and third parties); and (c) violations of any laws, rules regulations, procedures and policies of the Federal, State and local governments. 22.2 It is the intention of the parties, and Contractor expressly agrees, that the provisions of this Section shall not exclude claims, damages, and losses, if any, caused by the negligence of the City. SECTION 23. CONTRACT ENTIRE AGREEMENT This Contract, together with the attached exhibits constitu[es the entire agreement between the parties hereto with respect to the ma~ters covered by its terms. No other agreement, assertion, statement, understanding, or other promise made by any party, or to any employee, officer, or agent of any party that is not embodied in this Contract shall have force or effect. SECTION 24. VENUE The obligations and undertakings of each of the parties to this Contract shall be performed in Nueces County, Texas. Any dispute under this Contract shall be filed in the courts of Corpus Christi, Texas. SECTION 25. NOTICES 25.1 For purposes of this Contract, all communications and notices among the parties shall be deemed made if sent postage prepaid to the parties and addresses set forth below: ]0 The Contractor Corpus Christi Coalition of Public Access Producers President P. O. Box 271443 Corpus Christi, Texas 78427 The Cib/of Corpus Chdsti City of Corpus Christi City Manager 1201 Leopard Corpus Christi, Texas 78401 25.2 Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business day after deposit with the U. S. Postal Service. Notice by ovemight express delivery service will be deemed effective one (1) business day after transmission ovemight express carder. 25.3 Either party's address may be changed_ by a party giving notice to all other parties as provided above. Post Office receipts or overnight express carrier receipt is conclusive proof that notice was delivered in due course. SECTION 26. FORCE MAJEURE. If the City or Contractor is prevented, wholly or in part, from fulfilling its obligations under this Contract by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances reasonably beyond its control, then the obligations of City or Contractor are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes, the party affected will promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon SECTION 27. MODIFICATIONS No changes or modifications to the Contract may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. The City Manager is authorized to execute modifications to the Contract which do not change the essential purpose of this contract. SECTION 28. NON-DISCRIMINATION Contractor warrants that it is and will continue to be an Equal Opportunity Employer. Contractor covenants and agrees that Contractor shall not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the public access studio, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. SECTION 29. TAXES II Contractor shall pay all taxes and all other licenses and fees required to operate and maintain operations as public access studio. Further, Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended, prior to their respective due dates. Contractor must provide proo[ of payment of these taxes within 30 days after City Manager requests proof of payment. Failure to pay or provide proof of payment is grounds to terminate this Lease. IN WITNESS WHEREOF, the undersigned have executed this Contract by their duly authorized representatives as of the __ day of ,2004. CORPUS CHRISTI COALITION OF PUBLIC ACCESS PRODUCERS, INC. CITY OF CORPUS CHRISTI: By: By: Name: George K. Noe Title: City Manager Date: Date: Approved as to form: November 10, 2004 Lisa Aguilar (.j) Assistant City Attorney for City Attorney 12 EXHIBIT A 1. A traditional chec, k register shall be maintained by the Treasurer of Oontractor which lists oheck number, date, payee, amount, a description of the payment, a listing of each deposit made, and a "running" balance. 2. Oontractor shall prepare bank reoon¢iliations on a monthly basis. 3. Oontractor shall require dual signatures of ~wo officers on all checks. 4. All expenses shall be approved by a majodty of the corporation prior to the actual c~sh expenditure taking place. Such approval shall be noted in the minutes to the meeting. 5. All invoices shall be organized in a Iogie_~/manner and maintained by the Treasurer. 6. Detailed monthly financial statements shall be provided to all members of C;ontractor, Inc. at each monthly meeting. 7. gontractor shall hire a certified public aoeountant to audit its financial records annually. 13 EQUIPMENT INITIALLY PROVIDED IN TIME WARNER CABLE FRANCHISE EXHIBIT B Studio Item Quantity Manufacturer Model Audio 1 Mackie CR1604-V12 Camera 3 Sony DXC-637 Camera Unit 3 Sony CCU-M5 Cassette 1 Marantz PMD-502 CD Player 1 Tascam CD~50 Editer I Video Media VEX-RD Graphics 1 AVS Elite InterCom 1 Clear-Corn MS440 Monitor 2 Sony PVM-411 Monitor 2 Sony ~VM-14M4U Monitor 2 Sony PVM-8040 Monitor (not located by City sta~- 1 Sony PVM-2950Q Player 1 Sony VO-9800 Player 1 Panasonic AG-7350 Recorder 1 Sony VO-9850 TBC 1 FOR-A FA--440 TBC 1 FOR-A FA-220 TBC 1 FOR-A FA-,420 Video Effects 1 FOR-A VEC-440 Sync Generator 1 S~ma TSG-440 Lights - "Scoops" 1000 watts 4 Kligel 3451 Lights - "Fernels" 750 watts 3 Kligel 3806 Backlights 650 watts 3 N/A 740-sg Misc (microphones, stands, cables) N/A N/A N/A Editinq Room Item OuanOty Manufacturer Model Editor Con[roller 1 Panasonic AG-AS00 Graphics 1 Laird 1500 13~" Color Monitor 1 Sony PVM-1350 9" B/W Monitor 2 Sony PVM-95 Player 1 Panasonic AG-7650 Editor 1 Sony VO-5850 Video/Audio Switcher 1 Panasonic W J-MX50 Cassette 1 Sony TC-RX311 3/4" Player 1 Sony EVO-9800 CD Player 1 Optimus CD-1750 Equipment Check-Out 14 Item Quantity Manufacturer YHS Camcorder 3 Panasonic Tripods 3 Manfrotto Hand microphones 3 Beyerdynamic Lapel microphones 3 Sony 3 light kit 3 Lowell Mic stands w/boom arm 3 Atlas Microphone mixer (not located by City staff) 1 Shure Model AG-188-P 3063 M59 ECM-44B #166 N/A SE30 EXHIBIT C Additional equipment purchased by NuPAC, Inc. Equipment: $14, 921 Equipment Added to Contractor Studio with Receipts/Invoices: $5,373.93 item JVC HiFi 6-HD Player HR SVHS Panasonic VHS editor/recorder Sony battery charger JVC SVHS VCR player Paid In Studio Receipt 140.00 Yes in voice 636.00 Yes invoice 160.87 Yes Yes 143.00 Yes-Producer Yes returned 628.00 Yes Yes 41.00 Yes Yes 6950 Yes invoice - 31.00 Yes Yes 528.00 Yes invoice 339.20 Yes invoice 47.26 Used invoice 42.90 Yes invoice 50.99 Yes invoice 120.50 Yes Yes 1,294.00 Yes Yes JVC Mini DV deck S-VHS MiniDV recorder Dual wireless MIC system VHF 2 wireless MIC Karaoke System Sony camcorder battery Panasonic SVHS editor/recorder Panasonic 1/3 CCD Fuji SVHS tapes - 10 pack Lowel TOTA-BRELLA SILVEPJLIGHTING Laserburst Red Laser DJ Light Show Studio 500 Video ED/It, Video EditodMixer Compaq DeskPro EN P3 500 computer HP Pentium 4 multi-media comp 7 light fixtures, 7 flood & 4 spot bulbs Sony camcorder battery Panasonic VHS Edit Recorder Video Camera VHS Sigma Studio Mixer RCA TV-VCR Combo Carts 127.94 Yes, except 2 lights Check 31.50 Yes Yes 334.75 Yes Yes 350.00 Yes invoice 140.50 Yes Yes 117.02 Yes invoice 16 Exhibit D Equipment: $14, 921 - Continued Equipment Added at ContraCtor Studio, with No Receipts: $12,113.99 Item Est. Cost- In Studio Receipt Panasonic AG-450 Video Camera Used 750.oo Yes- Producer Retumed 6 pod USB 2.0 firewire combo card 31.09 Yes Sony BC-1WD 4 battery charger 160.00 Yes Virtual Sets 3 volumes, Chroma Key 199.00 Yes ClearCom speaker station KB11 lA 329.00 Yes Bogen C-20A 29.95 Yes Sylvania 13" VCR TV 110.00 Yes Eimo transvideo conveder 2,500.00 Yes Pelican accessodes switcher 89.95 Yes HP printer deskjet 3320 50.00 Yes Extron video switcher ER 10023 120.00 Yes Amedcan AD 1299 camera zoom controller 259.00 Yes 3 Sony electronic view finder DYESF-40B 5,196.00 Yes StageMaster Valiant audio visual SM 1215FBQ 166.00 Yes _Sony EVO 9850 editor 2,000.00 Yes 2 Winbel Mics model & receiver # WM-728 60.00 Yes 2 Videotek VDA 16 10.00 Yes OSM monitor 40417364 Yes Realistic FM wireless mic model # 321221A 1500 Yes Panasonic camera drive unit model # WV PS10A ' 39.00 Yes Box with lock, cd, and card Yes 3 sets wheels/brackets for studio racks Yes Exhibit E Equipment: Equipment with Check/Invoice Item Paid S-uttes camera, wires 640.83 S-uttes camera, EUH6 661.60 editor Stand Project welding 160.00 Equipment-I/2" recorder 495.62 editor Video camera 455 229.50 SUH6 Editor 181.58 Panasonic 7750 %" player 528.78 Equipment 100.00 Audio/video mixer RCA Adobe Premiere 6.5 CD '10.80 699.99 $14, 921 - Continued but not yet located in studio: $ 3,708.70 In Studio Receipt Not yet located Check reimbursement Not yet located Check reimbursement Not yet located Not yet located Invoice Check reimbursement Not yet located Not yet located Not yet located Have not yet identified Not yet located Checked out Check reimbursement Check reimbursement Check reimbursement Check reimbursement Invoice 18 EXHIBIT F Page 1 of 2 PUBLIC ACCESS EQUIPMENT CHECK OUT RULES & PROCEDURES PORTABLE ACCESS EQUIPMENT USER QUALIFICATIONS The use of the access equipment and the resulting production must be for cablecasting on the public access channel and not be for profit. Any resident of Corpus Christi may use public access equipment at no charge subject to these qualifications. Access users must agree to pay the costs of any repairs to access equipment made necessary by abuse, theft, or careless handling while equipment is in their possession. Access users must have a certification number noting the level of proficiency. To obtain certification the access user must satisfactorily pass a proficiency test. Completion of the basic workshop enables most users to pass the proficiency test. A list of certified users will be kept on file. Access users must be at least 18 years of age to check out access equipment. Applications for persons under 18 years of age must be accompanied by the signature of a parent, guardian, or otherwise authorized adult. This authorized adult shall assume all legal responsibility for the program and actions of the minor. RESERVATION PROCEDURE Contractor public access volunteer will make reservations for all equipment on a first-come, first-serve basis. Reservations should be made in advance, by phone or in person. Only two bookings from any one user can be on reserve at any one time. Reservations are for one continuous 24-hour period. Equipment checked out on Friday must be retumed Monday morning. Only an authorized Contractor volunteer can perform check-in and checkout procedures. All forms must be fully completed and signed. Record of certification and checkouts will be kept on file. CHECK-IN AND CHECK-OUT TIMES Check in and checkout time is by appointments only. Check out times other than the normal times must be arranged in advance. It is the responsibility of the user to make sure the equipment is functioning properly before leaving the premises. Volunteer check in person, as part of the check in procedures will note the condition of equipment. Access equipment must be picked up within 30 minutes of the scheduled time or the reservation is forfeited. Equipment must also be returned with 30 minutes of the scheduled return time. 19 EXHIBIT F Page 2 of 2 PUBLIC ACCESS EQUIPMENT CHECK OUT RULES & PROCEDURES PORTABLE ACCESS EQUIPMENT USER QUALIFICATIONS LOSS OF PRIVILEGES The following violations may subject the user to the termination of access facility privileges: Failure to notify in advance when canceling a reservation Use of facilities or equipment for non-access productions Failure to compensate for equipment damages Equipment abuse Failure to return equipment by the agreed time Use of facilities or equipment for private commercial use You are responsible for repairs and replacement caused from abuse of equipment including, but not limited to the following: Physical abuse Exposing equipment to extremes of temperature Theft Pointing the camera to the sun Water, sand or salt spray damage Tampering 2O Exhibit G STUDIO TRAINING AGENDA 1. Editing Equipment Training A. Introduction to Studio & Public Access: 1-hour Introduction Studio Editing Equipment Rules and Procedures, Teamwork.30 mtn B. Introduction to Editing Area 30 mtn (Familiarize person with basic function of Editing room equipment) (Train on editing Equipment; '112" editor. Character Generator, Switcher) (3~4" editor video wipes and text inpu!) 2-hours (Test run of editing equipment by producer l-hour 2. Master Control Equipment Training A. Introduction to Sets, lighting, Cameras: 1-hour Introduction Studio Master Control Rules and Procedures- Teamwork, Introduction to Audio Switcher board: Introduction to Character Generator Introduction to Video Camera Switched Fader Introduction to Video, 1/2" editor, %" editor, Introduction to TBC controller Introduction to Cross Fader 30 rain 30 min 30 min 30 min 30 min 30 min Introduction to studio Mic setup, Lighting tones, guest positioning 2 hours C. Test run Production: Providing producer has at least 4 crew members to assist in production a test show Production will need to take place. The participation will be graded by Studio training volunteer and deemed if more training is required. Upon approval of clear knowledge of equipment studio volunteer shall certify producer and crew member to use the Public Access Master Control studio equipment. Note: This agenda is base upon that the producer provides same individuals for completion of training. New individuals would delay training and may result in the delay of certification and use of studio equipment. 2] Exhibit H Con.actor Studio Rules Contractor welcomes all access users to the Public, Educational, and Governmental (PEG) Access Studio. Contractor has set the following rules, not only to protect you the access user, but also to protect Contractor volunteers, equipment and property. 1. There will be NO SMOKING inside the building. Smoking Is permitted outside the Public Access Studio (away from the front entrance). 2. There will be NO ALCOHOLIC BEVERAGES allowed on the premises. 3. Because of the electronic equipment, only closed bever.age containers will be allowed in the studio. There will be NO FOOD AND DRINKS allowed In the studio control area or editing area. 4. To maintain security of the Studio front doors of studio shal~ remain locked, this helps to avoid interruptions from those who are not scheduled to use the studio 5. Telephones may be used for LOCAL CALLS ONLY. Limit to 3 minutes 6. After production is over, the group must leave the premises as It was when they arrived, clean up. 7. As a courtesy please be quiet while others are using the editing area, Digital or Analog. Please do not allow children to be left unattended.