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Agenda Packet City Council - 07/26/2005
CITY COUNCIL AGENDA JULY 26, 2005 Corpus Christi Sad AII-America Citv - 1.45 A.M.- Proclamation declaring July 26, 2005 as "15th Anniversary of the Americans with Disabilities Act" Proclamation declaring August 2, 2005 as "National Night Out" Proclamation declaring August 27, 2005 as "National Conference of Community & Justice Walk as One and Run as One" Proclamation declaring the month of August as "Breastfeeding Awareness Month" Commendations - Art Sparks Project Participants AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD JULY 26, 2005 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 Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitedo, habra un interprets ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 880 -3105) at least 48 hours in advance so that appropriate arrangements can be made A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Reverend Derrick E. Reaves, St. John Baptist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem Melody Cooper Council Members: Brent Chesney Jerry Garcia Bill Kelly Rex Kinnison John E. Marez Jesse Noyola Mark Scott City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Agenda Regular Council Meeting July 26, 2005 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: i . Approval of Regular Meeting of July 19, 2005. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) Corpus Christi Convention and Visitor's Bureau Board Planning Commission G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Agenda Regular Council Meeting July 26, 2005 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Motion approving the purchase of a chiller monitoring system from Total Sense Corporation, of Corpus Christi, Texas based on sole source for the total amount of $32,800. The system will be installed on the air conditioning system located at the Corpus Christi International Airport. Funds are available in the Building Maintenance Capital Budget of the Airport Fund. (Attachment # 3) Motion approving the purchase of four (4) riding mowers from John Deere Commercial, of Cary, North Carolina in accordance with the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC), fora total amount of $40,868.52. The riding mowers will be used by the Parks and Recreation Department. Funds are available in the FY 2004- 2005 Park Operations Budget. (Attachment # 4) 5.a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $41,404 from the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) Fund and to execute all related documents. (Attachment # 5) 5.b. Ordinance appropriating $41,404 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund. (Attachment # 5) Ordinance appropriating $26,425 of revenue from the sale of obsolete Corpus Christi Police Department (CCPD) weapons in the No. 1020 General Fund for the purchase of CCPD ammunition; amending the Operating Budget adopted by Ordinance 025878 by increasing appropriations by $26,425. (Attachment # 6) Motion authorizing the Director of the Public Health District to execute an agreement with the Texas A & M University System Health Science Center - Coastal Bend Health Education Center to provide community health education for diabetes in the amount of $75,129 in the No. 1066 Health Grants fund for diabetes prevention and management services. (Attachment # 7) Agenda Regular Council Meeting July 26, 2005 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 8.a. Resolution authorizing the City Manager or his designee to accept a grant in the amount of $15,000 in the No. 1067 Federal /State Grants Fund to be used for the Coordinated Community Approach to Promote Wellness (CCAPWeII) and develop a strategic plan to combat obesity in our community. (Attachment # 8) 8.b. Ordinance appropriating a grant from the Texas Department of Health in the amount of $15,000 in the No. 1067 Federal /State Grants Fund for the Coordinated Community Approach to Promote Wellness (CCAPWeII) and develop a strategic plan to combat obesity in our community. (Attachment # 8) 9.a, Motion authorizing the City Manager or his designee to reinstate the FY2002 Community Development Block Grant agreement with the Westside Business Association, amend the scope of work, and extend the contract term through March 31, 2006. (Attachment # 9) 9.b. Motion authorizing the City Manager or his designee to execute an amendment to the FY2004 Community Development Block Grant agreement with the Nueces County Community Action Agency to modify the scope of work. (Attachment # 9) 9.c. Motion to modify the scope of work proposed by the Nueces County Community Action Agency to be completed with FY2005 Community Development Block Grant funds. (Attachment # 9) 9.d. Motion authorizing the City Manager or his designee to execute a subrecipient agreement in the amount of $87,000 with the Corpus Christi Police Athletic League for funds provided from the FY2004 Community Development Block Grant Program. (Attachment # 9) 9.e. Motion authorizing the City Manager or his designee to execute a subrecipient agreement in the amount of $40,000 with God's Gym for funds provided from the FY2003 Community Development Block Grant Program. (Attachment # 9) Agenda Regular Council Meeting July 26, 2005 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 10. Motion authorizing the City Manager or his designee to execute a construction contract with TL Electric, of Corpus Christi, Texas in the amount of $57,800 for the Health Department Emergency Power Supply project. (Attachment # 10) 11.a. Motion authorizing the City Manager or his designee to execute a construction contract with Longhorn Excavation, Inc., of Richmond, Texas in the amount of $1,825,681.90 for the J. C. Elliott Landfill Sector 11 Liner Improvements and Final Cover Installation. (Attachment # 11) 11.b. Motion authorizing the City Manager or his designee to execute a Materials Inspection, Testing and Laboratory Services Contract in the amount of $137,596 with Kleinfelder of Corpus Christi, Texas for the J. C. Elliott Landfill Sector 11 Liner Improvements and Final Cover Installation. (Attachment # 11) 12. Motion authorizing the City Manager or his designee to execute a construction contract with King Isles, Inc., of Corpus Christi, Texas in the amount of $319,112 for the McKinzie Road Utility Relocation, Phase 2 (Equistar to Haven Drive). (Attachment # 12) 13. Motion authorizing the City Manager or his designee to execute a Right -of -Way and Utility Easement instrument with Patricia Wallace, Trustee #2, forthe acquisition of Parcel 502B in the total amount of $41,000, containing a Utility, Right -of -Way, and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 5, Project #8391 and for other municipal purposes. (Attachment # 13) 14. Motion authorizing the City Manager or his designee to execute Change Order No. 5 to a construction contract with Beecroft Construction Co., of Corpus Christi, Texas in the amount of $80,600 for the Business Conference /Meeting Room Build -Out. (Attachment # 14) Agenda Regular Council Meeting July 26, 2005 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 15. Motion authorizing the City Manager or his designee to execute an I nterlocal Cooperation Agreement with Texas A &M University - Corpus Christi in an amount not to exceed $100,000 to develop the necessary LIDAR (Light Imaging Detection and Ranging) mapping for Padre and Mustang Islands for the Storm Water Master Plan Project. (Attachment # 15) 16. Ordinance amending the Code of Ordinances, Section 53 -113, Speed in School Zones, by adding a reference to the Manual on Uniform Traffic Control Devices; providing for penalties. (Attachment # 16) 17. Ordinance amending the Code of Ordinances Chapter 53- Traffic, Section 53 -250, Schedule 1, One -way streets and alleys, Section (b) School areas, by establishing a one -way traffic pattern on the following street sections during the designated school zone hours of Galvan Elementary School: (Attachment # 17) 1) Westbound one -way pattern on Masterson Drive between Kostoryz Road and White Bird Drive. 2) Northbound one -way pattern on White Bird Drive between Masterson Drive and Elderberry Lane; and providing for penalties. 18. Ordinance appropriating estimated increased revenues of $638,887 in the No. 5010 Stores Fund to cover projected increased expenses in the Warehouse Division related to cost of warehouse merchandise sold; amending Operating Budget adopted by Ordinance 025878 by increasing estimated revenues and appropriations by $638,887 each. (Attachment # 18) 19. Ordinance appropriating $75,892 from the Building Security Reserve in the No. 1020 General Fund for additional security at City Magistration and Detention Center; amending Operating Budget adopted by Ordinance 025878 by increasing appropriations by $75,892. (Attachment # 19) Agenda Regular Council Meeting July 26, 2005 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 20. Motion authorizing the City Manager to execute a Deferment Agreement with Shoreline Oaks, Inc., (Developer), in the amount of $52,700.91 for public improvements including street pavement, curb, gutter and sidewalks, for the future street construction improvements to Purdue Road west of Flour Bluff Drive for a distance of 835 linear feet within the Shoreline Oaks Subdivision Unit 1, in accordance with the Platting Ordinance. (Attachment # 20) 21. Ordinance authorizing the City Manager or his designee to execute a Participation Agreement with Alty Enterprises, Inc., Developer of Greystone Subdivision - Unit 1, for the construction of the one -half street (Sydney Street), located approximately 1,300 linear feet south of Slough Road, east of Rodd Field Road, and north of Master Ditch 31; in accordance with the Platting Ordinance, of which the City's share of cost shall not exceed $88,443.79. (Attachment # 21) 22. Ordinance abandoning and vacating a 1,177- square foot portion of a 10 -foot wide utility easement out of Lot 1 B, Block 221, Port Aransas Cliffs; approximately 2,500 feet south of Doddridge Street and 400 feet east of Santa Fe Street; requiring the owner Dr. Darrel Ferris, to comply with the specified conditions. (Attachment # 22) 23. Second Reading Ordinance - Authorizing the City Manager or his designee to execute a lease with the United States Department of Transportation, Federal Aviation Administration, in consideration of operation and maintenance of Outer Marker facilities from October 1, 2005 through September 30, 2015. (First Reading 06/28/05) (Attachment # 23) 24.a. Motion to amend prior to second reading ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding rules and procedures for public access cablecasting by replacing "user" with "producer" and clarifying schedule provided to cable operators by access user group. (Attachment # 24) 24.b. Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding Rules and Procedures for Public Access Cablecasting. (First Reading 07/19/05) (Attachment # 24) Agenda Regular Council Meeting July 26. 2005 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 25. Second Reading Ordinance - Amending the Code of Ordinances by revising Section 39 -301 Definitions; revising Section 39 -303, Standard Classifications, Pay Plans, Pay Grades, and Ranges, as amended; and providing for pay adjustments to relieve pay compression; revising Section 39 -306 Full Time Employees; revising Section 39 -334 Plan I Bereavement Leave; revising Section 39 -338 Plan I Use of Personal Leave and Vacation in lieu of Sick Leave; revising Section 39 -350 Plan II Bereavement Leave; revising Section 39 -353 Plan II Use of Personal Leave and Vacation in lieu of Sick Leave; repealing all other ordinances, and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for effective date. (First Reading 07/19/05) (Attachment # 25) 26.a. Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding Water, Gas and Wastewater Rates; providing for an effective date. (First Reading 07/19/05) (Attachment # 26) 26.b. Second Reading Ordinance - Amending Section 55 -63 and 55- 70, Code of Ordinances, City of Corpus Christi, regarding fees for servicing gas appliances and gas tap fees. (First Reading 07/19/05) (Attachment # 26) 26.c. Second Reading Ordinance - Amending Section 35 -92, Code of Ordinances, City of Corpus Christi, to impose an administrative fee for the transfer of an oil and gas well permit; providing for penalties. (First Reading 07/19/05) (Attachment # 26) 26.d. Second Reading Ordinance - Increasing Resource Recovery Fees in Chapter 21, Code of Ordinances, City of Corpus Christi; providing an effective date. (First Reading 07/19/05) (Attachment # 26) 26.e. Second Reading Ordinance - Amending Section 9 -35.1 Code of Ordinances, to add discounts for parking for thirty days or longer, waiver of certain parking fees, and commuter monthly parking permits for flight staff of airlines and code - sharing airlines based at the Corpus Christi International Airport; providing for repeal of conflicting ordinances; providing for penalties; providing for an effective date. (First Reading 07/19/05) (Attachment # 26) Agenda Regular Council Meeting July 26, 2005 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PUBLIC HEARINGS: 27.a. Public hearing to consider abandoning and vacating a 75.81 - square foot portion (0.50 -foot wide x 151.60 -foot long) of the Ennis Joslin Road public right -of -way, adjacent to Lot 4, Block 1, Joslin Tracts, approximately 750 linear feet north of South Padre Island Drive. (Attachment # 27) 27.b. Ordinance abandoning and vacating a 75.81- square foot portion (0.50 -foot wide x 151.60 -foot long) of the Ennis Joslin Road public right -of -way, adjacent to Lot 4, Block 1, Joslin Tracts, approximately 750 linear feet north of South Padre Island Drive; subject to compliance with the specified conditions. (Attachment # 27) ZONING CASES: (NONE) J. PRESENTATIONS: Public comment will not be solicited on Presentation items. 28. Bond Issue 2004 Report #1 (Attachment # 28) 29. City Council Focus Area: Infrastructure (Drainage, Sewer, Streets, Water) (Attachment # 29) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 30. Resolution dedicating the City property at 1815 Howard St. as Ben Garza Park, a public park, including the area formerly referred to as Ben Garza Gym and Athletic Field; and approving the Site Master Plan for Ben Garza Park. (Attachment # 30) 31.a. Motion authorizing the City Manager or his designee to accept the request of rePipe- Texas, Inc. in declining acceptance of the award of the contract and substituting a cashier's check in the amount of $61,063 in place of the bid bond and forfeiting said amount to the City. (Attachment # 31) Agenda Regular Council Meeting July 26, 2005 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 31.b. Ordinance appropriating a deposit in the amount of $61,063 from rePipe- Texas, Inc. for payment of a forfeited bid bond in Wastewater Capital Improvement Program Fund 3430 for the Wastewater Pipe Rehabilitation FY2005: IH -37, SH -286 (Crosstown Expressway) and SH -358 (Padre Island Drive) project; amending FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $61,063. (Attachment # 31) 31.c. Motion authorizing the City Manager or his designee to execute a construction contract with WESCO Infrastructure Technologies, LP, of Pearland, Texas in the amount of $1,968,747 for the Wastewater Pipe Rehabilitation FY 2005: IH -37, SH -286 (Crosstown Expressway) and SH -358 (Padre Island Drive). (Attachment # 31) 32.a. Ordinance appropriating $2,742.36 from unappropriated interest earnings and $14,985 from miscellaneous revenues into the Baseball Stadium 2004 Capital Improvement Program Fund No. 3276 for the Whataburger Field; amending the FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $17,727.36. (Attachment # 32) 32.b. Ordinance appropriating $1,450 from miscellaneous revenues received as restitution for theft of ballpark boiler doors into the General Fund No. 1020 for the Whataburger Field; amending the FY 2004 -2005 Budget adopted by Ordinance No. 025878 by increasing appropriations by $1,450. (Attachment # 32) 32.c. Ordinance appropriating $168,797 from the Corpus Christi Hooks into the Baseball Stadium 2004 Capital Improvement Program Fund No. 3276 for team requested modifications to Whataburger Field; amending the FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $168,797. (Attachment # 32) 32.d. Ordinance appropriating $86,099.78 from Whataburger, Inc. into the Baseball Stadium 2004 Capital Improvement Program Fund No. 3276 for concessionaire requested modifications to Whataburger Field; amending the FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $86,099.78. (Attachment # 32) Agenda Regular Council Meeting July 26, 2005 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 32.e. Motion authorizing the City Manager or his designee to execute Change Order No. 6 with the Construction Manager at Risk contract with Fulton /Coastcon and Hunt Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana in the amount of $467,011.15 for installation of additional improvements at Whataburger Field and increasing the Guaranteed Maximum Price to $23,577,837.15 for construction of the Professional Minor League Baseball Stadium. (Attachment # 32) 33.a. Ordinance amending the Code of Ordinances, Chapter 53 - Traffic, Section 53 -252, Schedule III, Parking prohibited at all times on certain streets, by prohibiting parking on the following street sections: (Tabled 7/12/05) (Attachment # 33) 1. East Port Avenue, north side, from North Mesquite Street to a point 522 feet east of Sam Rankin Street; south side, from North Mesquite Street to Sam Rankin Street. 2. Sam Rankin Street, both sides, from East Port Avenue to Brewster Street. 3. Brewster Street, both sides, from North Chaparral Street to Sam Rankin Street. 4. North Tancahua Street, both sides, from East Port Avenue to U.S. 181. 5. East Hirsch Street, both sides, from North Mesquite to North Chaparral Street. 6. North Chaparral Street, both sides, from U.S. 181 to I.H. 37; providing for penalties. 33.b. Ordinance amending the Code of Ordinances, Chapter 53 - Traffic, Section 53 -253, Schedule IV, stopping, standing, or parking prohibited during certain hours on certain streets, by prohibiting parking between 5:30 p.m. and 2:00 a.m. on the following street sections: (Tabled 7/12/05) (Attachment # 33) 1. North Mesquite Street, both sides from U.S. 181 to I.H. 37. 2. East Port Avenue, north side, from Sam Rankin Street to a point 522 feet east; providing for penalties. Agenda Regular Council Meeting July 26, 2005 Page 12 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 34. Motion to authorize an expenditure of $75,000 from the FY06 Budget as the City's portion of additional funding to be contributed to the South Texas Military Task Force. PROPOSED FEE /RATE INCREASE ADJUSTMENTS INCLUDED IN THE PROPOSED FY 2005 -2006 BUDGET: 35. Resolution authorizing adjustment of Parks, Recreation, Cultural and Leisure Time Activities Rental and Recreational Fees; adding new rental fees and recreational fees for Fiscal Year 2005 -2006; and providing for an effective date. (Attachment # 35) 36.a. Motion to amend prior to second reading by substituting ordinance amending Section 55 -22, 55 -28, and 55 -38, the Code of Ordinances, City of Corpus Christi, regarding application fees for new or transferred utility service, fees for testing meters, service charges related to disconnecting utility service for delinquent or unauthorized usage accounts, and service charges for bypassing or tampering with meters; providing for penalties. (Attachment # 36) 36.b. Second Reading Ordinance - Amending Section 55 -22, 55 -28, and 55 -38, the Code of Ordinances, City of Corpus Christi, regarding application fees for new or transferred utility service, fees for testing meters, service charges related to disconnecting utility service for delinquent or unauthorized usage accounts, and service charges for bypassing or tampering with meters; providing for penalties. (First Reading 07/19/05) (Attachment # 36) 37.a. Motion to amend prior to second reading ordinance amending the Corpus Christi Code of Ordinances, Chapter 9, Section 9 -61, permit for airport ground transportation operations, by revising the fees and charges by revising Paragraph (b)5 "Charter Vehicle" fee from $10.00 to $5.00; providing for an effective date of September 1, 2005; providing for repeal; providing for penalties. (Attachment # 37) Agenda Regular Council Meeting July 26, 2005 Page 13 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 37.b. Second Reading Ordinance - Amending the Corpus Christi Code of Ordinances, Chapter9, Section 9 -61, Permit forAirport Ground Transportation Operations, by revising fees and charges; providing for an effective date of September 1, 2005, providing for repeal; providing for penalties. (First Reading 07/19/05) (Attachment # 37) PROPOSED BUDGET FY 2005 -2006: 38.a. Motion to amend prior to second reading the ordinance adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2005; to be filed with the County Clerk; appropriating monies as provided in the budget; which passed on first reading on July 19, 2005, by revising Section 1 of the Ordinance. (Attachment # 38) 38.b. Second Reading Ordinance - Adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2005; to be filed with the County Clerk; appropriating monies as provided in the budget. (First Reading 07/19/05) (Attachment # 38) AD VALOREM TAX RATE: 39.a. Motion setting September 13, 2005 as the date of the adoption of the ad valorem tax rate of $0.631722 per $100 valuation. (Attachment # 39) 39.b. Motion setting a public hearing on the ad valorem tax rate for August 23, 2005 and a second public hearing for August 30, 2005, during the regular City Council meeting beginning at 10:00 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. (Attachment # 39) CORPORATION MEETINGS: 40. Motion appointing Council Members as Board Members of the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. (Attachment # 40) (RECESS REGULAR COUNCIL MEETING) Agenda Regular Council Meeting July 26, 2005 Page 14 L. ANNUAL MEETING OF CITY CORPORATIONS: 41.a. CORPUS CHRISTI HOUSING FINANCE CORPORATION MEETING: (Attachment # 41) AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION ANNUAL MEETING Date: Tuesday, July 26, 2005 Time: During the meeting of the City Council beginning at 10:00 a.m. Location: City Council Chambers City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 1. President Mark Scott calls meeting to order. 2. Secretary Armando Chapa calls roll. 3. 4. 5. 6. Board of Directors Mark Scott, President Bill Kelly, Vice President Brent Chesney Melody Cooper Jerry Garcia Henry Garrett Rex A. Kinnison John Marez Jesse Noyola Officers George K. Noe, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance Sanchez, Asst. Treasurer Approve Minutes of October 12, 2004 meeting. Election of Officers. Financial Report. Discussion and possible action concerning authorizing the General Manager to execute a Memorandum of Understanding with NRP Holdings, LLC pertaining to the proposed future issuance of $11,965,000 in Multi - Family CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting July 26, 2005 Page 15 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Mortgage Revenue Bonds in connection with a 250 -Unit apartment project by Costa Tarragona 11, Ltd. and proceed with the development of documents related to the proposed issuance of such bonds (review and approval of the proposed bond issue by the Board is scheduled for October 2005). 7. Public Comment. 8. Adjournment. 41.b. CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION: (Attachment # 41) AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION ANNUAL MEETING Date: Tuesday, July 26, 2005 Time: During the meeting of the City Council beginning at 10:00 a.m. Location: City Council Chambers City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 1. President Rex Kinnison calls meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Officers Rex A. Kinnison, Pres. George K. Noe, General Manager Vacant , Vice Pres. Armando Chapa, Secretary Brent Chesney Mary Juarez, Asst. Secretary Melody Cooper Cindy O'Brien, Treasurer Henry Garrett Constance Sanchez, Asst. Treasurer Bill Kelly Mark Scott Jesse Noyola Vacant Agenda Regular Council Meeting July 26, 2005 Page 16 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Appointment of Board Members (Jerry Garcia, John E. Marez) Election of Officers: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, and General Manager. 5. Approve Minutes of March 22, 2005. 6. Financial Report. 7. General Manager's Annual Report. 8. Approval of revisions to the 2005 Corpus Christi Community Improvement Corporation Handbook, American Dream Down Payment Initiative (Chapter 24), and New Construction Homebuyer Assistance Program (Chapter 25) by changing the section headings "Resale Provisions" to "Recapture Provisions ". Approval to utilize program income from the Single Family Rehabilitation Loan Program that is received in excess of the annual estimate proposed through the Annual Consolidated Plan. 10. Approval to reprogram $150,000 of HOME Program Grant Funds for use on the Sea Breeze Seniors 200 -unit development. 11. Approval of request by Habitat for Humanity for Donation of CCCIC property. 12. Reappointment of CCCIC Loan Review Committee Members. 13. Public Comment. 14. Adjournment. Agenda Regular Council Meeting July 26, 2005 Page 17 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 41.c CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION: (Attachment # 41) AGENDA CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION ANNUAL MEETING Date: Tuesday, July 26, 2005 Time: During the meeting of the City Council beginning at 10:00 a.m. Location: City Council Chambers City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 1. President Henry Garrett calls meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Officers Henry Garrett, President George K. Noe, General Manager Jesse Noyola, Vice President Armando Chapa, Secretary Brent Chesney Mary Juarez, Asst. Secretary Melody Cooper Cindy O'Brien, Treasurer Jerry Garcia Constance Sanchez, Asst. Treasurer Bill Kelly Rex A. Kinnison John Marez Mark Scott 3. Election of Officers: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, and General Manager. 4. Approve Minutes of June 22, 2004. 5. Financial Report. 6. General Manager's Annual Report. 7. Public Comment. Agenda Regular Council Meeting July 26, 2005 Page 18 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 8. Adjournment. (RECONVENE REGULAR COUNCIL MEETING) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ing/es es limitado, habra un interprete ingles- espanol en la reunion 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 FIRST AMENDMENT RIGHTS. N. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Agenda Regular Council Meeting July 26, 2005 Page 19 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) O. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff;; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow -up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city- related matters. 42. LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 79th Texas Legislature. 43. CITY MANAGER'S REPORT Upcoming Items 44. MAYOR'S UPDATE 45. COUNCIL AND OTHER REPORTS P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at _5' o O p.m., July 22, 2005. rmando Chapa City Secretary 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 Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 19, 2005 - 10:01 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Melody Cooper Council Members: Brent Chesney (Arrived at 10:13 a.m.) Jerry Garcia Rex Kinnison Bill Kelly John E. Marez Jesse Noyola Mark Scott City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Bobby Underhill of Windsor Park Baptist Church and the Pledge of Allegiance to the United States flag was led by Council Member Cooper. Mayor Garrett called for approval of the minutes of the regular Council meeting of July 12, 2005. A motion was made, seconded, and passed to approve the minutes as presented. Mayor Garrett called for consideration of the consent agenda (Items 2 - 12). Mr. Bill Kopecky, 3609 Topeka, requested that Item 8 be pulled for individual consideration. A motion was made and passed to approve Items 2 through 12, constituting the consent agenda, except for Item 8, which was pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2 MOTION NO. 2005 -224 Motion approving the purchase of laboratory equipment from Bio -Rad Laboratories, Inc., Hercules, CA, based on sole source in the amount of $42,459. This equipment will be used by the Health Department. Funds are available from the Health Department Grants Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney was absent. Minutes - Regular Council Meeting July 19, 2005 - Page 2 MOTION NO. 2005 -225 Motion approving the purchase of two (2) brush loaders from Chastang's Bayou City Ford Truck Sales Inc., Houston, Texas for the total amount of $174,768. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). These brush loader trucks will be used by Solid Waste Services. Funds are budgeted in the Maintenance Services Capital Outlay Fund and are replacements to the fleet. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye "; Chesney was absent. 4.a. MOTION NO. 2005 -226 Motion authorizing the City Manager or his designee to accept a grant in the amount of $145,740 in funding from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney was absent. 4.b. ORDINANCE NO. 026342 Ordinance appropriating $145,740 from the Executive Office of the President, Office of National Drug Control Policy, in the No. 1061 Police Grants Fund to support the Corpus Christi Police Department's (CCPD) Role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye "; Chesney was absent. 5.a. MOTION NO. 2005 -227 Motion authorizing the City Manager or his designee to accept a grant in the amount of $469,142 from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 5. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney was absent. Minutes - Regular Council Meeting July 19, 2005 - Page 3 5.b. ORDINANCE NO. 026343 Ordinance appropriating $469,142 from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund, appropriating $11,263 from the No. 1061 ATPA Asset Seizure and Forfeiture Account as matching funds. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting -Aye"; Chesney was absent. 6. MOTION NO. 2005-228 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Coym, Rehmet, & Gutierrez Engineering, Inc. in the amount of $433,220 for the Street Overlays Project as follows (BOND ISSUE 2004): * Williams Drive - Everhart Road to South Staples Street * McArdle Road - Holmes Drive to Whitaker Drive * Gollihar Road - South Staples Street to Airline Road * Whitecap Boulevard - Bonasse Court to SPID (Park Road 22) * Baldwin Boulevard - Crosstown Expressway to South Staples Street * Ayers Street - Horne Road to Watson Street * Calallen Drive - Highway 77 to West Redbird Lane * West Redbird Lane - Calallen Drive to IH -37 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney was absent. RESOLUTION NO. 026344 Resolution amending Resolution No. 025547 recognizing public necessity of acquiring utility, right -of -way, and construction easements for the Southside Water Transmission Main Project, Phase 5, for utility and other municipal purposes in connection with said project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring said easements; and revising the list of properties along the route due to rerouting of the pipeline at Yorktown Boulevard and Waldron Road. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney was absent. RESOLUTION NO. 026345 Resolution approving amendments to the City's Investment Policy. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney was absent. Minutes - Regular Council Meeting July 19, 2005 - Page 4 10 RESOLUTION NO. 026346 Resolution amending the VALIC Retirement Services company dba American General Retirement Services Deferred Compensation Plan adopted by Resolution No. 024321 to include provisions for loans to participants. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney was absent. 11. ORDINANCE NO. 026347 Ordinance authorizing the City Manager or his designee to execute a five -year professional services contract and lease agreement with Total Tennis, Inc., Steven B. Denton, President (Pro), for tennis operations at the HEB Tennis Center in consideration of Pro paying the city 5% of Pro and lesson revenue, and collecting and forwarding City revenue to City in return for Pro's exclusive use of tennis center, and City paying Pro $4,138 per month for pro operating tennis center. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney was absent. 12. ORDINANCE NO. 026348 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 53, increasing parking meter rates on Breakwater, West Surfside, East Surfside and U.S. Highway 181 East Access Road from twenty-five cents per hour to fifty cents per hour; providing for penalties; and providing for effective date of August 1, 2005. (First Reading - 7/12/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney was absent. Mayor Garrett opened discussion on Item 8 regarding a functional support contract for the upgrade of the PeopleSoft Financials software. Mr. Bill Kopecky, 3609 Topeka, questioned the need to spend money on software that required frequent updates and training to use. Mr. Noe replied virtually every software package required upgrades, and the purpose of the contract was to assist in implementing the upgrade. Mr. Kinnison asked when the upgrade would go live. Director of Finance Cindy O'Brien replied staff was hoping to go live with the upgrade tomorrow to allow departments to enter purchase orders, and to make and receive vendor payments on the new system. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting July 19, 2005 - Page 5 MOTION NO. 2005 -229 Motion authorizing the City Manager or his designee to execute a professional services contract with Mythics, Incorporated in an amount not to exceed $49,750 for consulting services to provide the City with functional support for the upgrade of the PeopleSoft Financials v7.02 software to v8.8 software. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney was absent. * * * * * * * * * * ** Mayor Garrett referred to Item 13, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0605 -03, Randy Maldonado: A change of zoning from an "AB" Professional Office District to a `B -1" Neighborhood Business District. The property is in Tracy Subdivision, Block 8, 30 feet of Lot 1 and 24 and Lots 2 and 23, located along Baldwin Boulevard between Cloyde Street and Lynch Street. City Secretary Chapa said the Planning Commission and staff recommended the approval of a -B-1" Neighborhood Business District. No one appeared in opposition to the zoning change. Mr. Noyola made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 13. ORDINANCE NO. 026349 Amending the Zoning Ordinance upon application by Randy Maldonado, by changing the zoning map in reference to Tracy Subdivision, Block 8, 30 feet of Lots 1 and 24, and Lots 2 and 23, from "A -B" Professional Office District to "B-1" Neighborhood Business District, amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney was absent. Mayor Garrett referred to Item 14, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0605 -04, James Spencer: A change of zoning from a "R -1B" One - family Dwelling District to a "B -3" Business District. The property is in Flour Bluff Estates No. 2, Block 9, Lots 7A and 7B, located along Scotland Street and 125 feet east of N.A.S. Drive. Minutes - Regular Council Meeting July 19, 2005 - Page 6 City Secretary Chapa stated the Planning Commission and staff recommended the approval of a `'B -3" Business District. No one spoke in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Kinnison, and passed. City Secretary Chapa polled the Council for their votes as follows: 14. ORDINANCE NO. 026350 Amending the Zoning Ordinance upon application by James Spencer, by changing the zoning map in reference to Flour Bluff Estates Number 2, Block 9, Lots 7A and 7B, from "R -IB" One - family Dwelling District to `B -3" Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye "; Chesney was absent. Mayor Garrett referred to Item 15, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0605 -05, John Bratton: A change of zoning from "F -R" Farm -Rural District to a "R -E" Residential Estate District and a "B -1" Neighborhood Business District. The property is 350 acres out of Laureles Farm Tracts, south half of Section 31, and north half of Section 32, located south of F.M. 2444 (South Staples Street) and east of County Road 41 City Secretary Chapa stated the Planning Commission and staff recommended the approval of a "R -E" Residential Estate District and a `B -1" Neighborhood Business District. (* Mr. Chesney arrived at 10:13 a.m.) No one spoke in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Garcia, and passed. City Secretary Chapa polled the Council for their votes as follows: 15. ORDINANCE NO. 026351 Amending the Zoning Ordinance upon application by John Bratton, by changing the zoning map in reference to 350 acres out of the Laureles Farm Tracts, south half of Section 31, and north half of Section 32, from "F -R" Farm -Rural District to "RE" Residential Estate District and `B -1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". Minutes - Regular Council Meeting July 19, 2005 - Page 7 Mayor Garrett referred to Item 16, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0605 -08, Leon Johnson IIULandmark Commission: A change of zoning from a "R- 1B" One - family Dwelling District to a "R-1B"/HC-IV One - family Dwelling District with a Historical Cultural Overlay Classification. This property is in Del Mar Subdivision, Block 17, Lot 21, located along Clifford Street and 300 feet west of Santa Fe Street. City Secretary Chapa stated the Planning Commission and staff recommended the approval of a -R-1B"/HC-IV One - family Dwelling District with a Historical Cultural Overlay Classification. No one spoke in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Chesney, and passed. City Secretary Chapa polled the Council for their votes as follows: 16. ORDINANCE NO. 026352 Amending the Zoning Ordinance upon application by the City of Corpus Christi Landmark Commission and Leon Johnson III, by changing the zoning map in reference to the Del Mar Subdivision, Block 17, Lot 21, from "R -1 B" One - family Dwelling District with "HC" Historical Cultural Overlay Classification; amending the Comprehensive Plan to account for any deviations to the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" * * * * * * * * * * * * * Mayor Garrett referred to the presentations on the day's agenda. The first presentation was Item 17, a quarterly update from Work -Force 1. Director of Business Development Rick Zamarripa discussed the state of the region's workforce. He said the labor market had grown by 658 jobs in the second quarter, and had an annual employment gain of 1,100 new jobs. The area had the seventh best quarter employment growth rate, the area's best performance since 2000. Mr. Zamarripa stated the industries that gained the most jobs were leisure and hospitality, retail building supply stores, petrochemical, education services, and health care services. The industries losing the most jobs were professional business services, financial activities, and construction. He also stated there were anticipated labor shortages in education services, health care, and petrochemical services. Mr. Zamarripa reported the labor market was changing, requiring higher levels of education, communication, math, and technical skills on the job. He said the industrial sector was in transition to focus on services rather than products. The demand for high -tech and high -touch (i.e. nursing, construction) industries would continue to rise. He also stated there were more jobs in the small and middle business sector (less than 50 employees) than the large business sector between 1989 -2005. Minutes - Regular Council Meeting July 19, 2005 - Page 8 Mr. Zamarripa discussed short- and long -term industry and occupation projections. He projected short-term growth in the finance, administrative support, remediation services, real estate, finance, and insurance industries. He projected long -term growth in oil and gas, health care, and education services. He said nursing, food preparation, cashiers, and home health industries were expected to see short-term growth, while nursing, welders, child care workers, welders, and computer software engineers were expected to see long -term growth. He also noted that 63 percent of all jobs in the area required a GED or high school diploma and 32 percent required an Associate's Degree or higher, an increase of 8 percent since last year. Mr. Zamarripa briefly mentioned a number of Work -Force 1 initiatives addressing the current workforce challenges. He reported on the Texas A & M Nursing Partnership, which would result in 20 new registered nurses. Work -Force 1 also received a $75,000 Youth Grant from the Department of Labor for youth between the ages of 17 and 25. In addition, Work -Force 1 provided $300,000 in funding to the Education Service Center for improving the quality of child care services. Other initiatives included an adult literacy program headed by the Adult Education Center, the "I Can Learn" computer -based math program, and an apprenticeship training program expansion to the Moody Career Academy. Finally, he mentioned a summer youth experience program with 1,200 youth enrolled, and the creation of a specific division providing services to the corporate business community. He stressed that effective workforce development affected economic development. Mr. Zamarripa discussed Work -Force 1 initiatives addressing future workforce challenges as follows: military veterans transition; work skills enhancement grants; establishing a business center for liking E3 partners; seeking state and federal grants for workforce development with community partners; Base Realignment and Closure (BRAC) planning phase; and development of a marketing plan to target potential employers beginning in October. Mr. Zamarripa concluded by discussing an amendment to the Work -Force 1 strategic plan called for creating and maintaining a pipeline of workers in high - growth, high -demand industries with transferable skill sets that transcend across most industries. He affirmed Work -Force I's commitment to strengthening our relationship with E3 partners and the business community. Finally, he introduced Mr. Roger DeAses, an apprentice, and Mr. Sergio Perez, summer youth program participant, who were beneficiaries of the Work -Force 1's services. * * * * * * * * * * * * * The next presentation was Item 18, an update from the Downtown Management District (DMD). DMD President Norma Urban covered their goals and results for 2004 -2005. The first goal was to mitigate storm water drainage problems. Ms. Urban thanked the city for the completion of Phases I, III, and N of this project. The second goal was to support housing and residential opportunities. To this end, the city passed an ordinance changing the number of parking spaces to assist downtown dwellers and there were two new housing projects completed or in progress in the downtown/uptown area. The third goal was to advance the master plan for parks along Shoreline Boulevard to create a greenbelt. Ms. Urban reported funds to implement Phase I of the project were passed in Bond Minutes - Regular Council Meeting July 19, 2005 - Page 9 Issue 2004. The fourth goal was to maintain and improve the DMD website. Ms. Urban reported many enhancements had been made, resulting in an increase of 800 to 6,000 website visits per month. The fifth goal was to develop and implement a performance measurement system for projects. Ms. Urban reported the DMD was currently setting benchmarks for this system. The sixth goal was to continue and expand communications with property owners, tenants, and the community. Mr. Urban stated the DMD's efforts to this end included the publication of a monthly newsletter; personal visits with property owners; more publicity; development and expansion of their website; and community outreach through public speaking engagements to civic groups. The seventh goal was to develop and implement a plan for streets, sidewalks, and landscaping. Ms. Urban stated Phase I of the Trees & Sidewalks, One Block at a Time Program was completed on Peoples and Schatzell Streets in May 2004. Phase II of the tree planting project was completed in July 2005, and Phase III was in progress. She said maintenance efforts for the landscaping project were on- going. The ninth goal was to monitor and ensure public transportation runs through downtown. The tenth goal was to stay on top of funding opportunities. Ms. Urban reported Bond Issue 2004 had approved $250,000 in funding for downtown projects which had not been activated at this point. In addition, Work -Force 1 had awarded an $80,000 grant for ARTSparks, an art/educational project which was in progress. The eleventh goal was to improve the quality of La Retama Park, and to build a coalition to fund the expansion and improvement of Artesian Park. Ms. Urban reported that DMD hired a team of designers to plan park enhancements, and held a public forum on June 15. She said fundraising efforts were to begin in the fall. The twelfth and final goal was to monitor unkempt buildings and vacant properties. Ms. urban stated the DMD maintained a list of vacant buildings which were monitored by staff. In addition, she reported a committee had been formed to identify and evaluate vacant buildings for possible use. In addition to these specified goals, Ms. Urban reported on various projects in which the DMD had participated in 2004 -2005 as follows: Sidewalk Partnership Grant ($59,000); Tree Planting Phase II ($65,000); Litter Critter (sidewalk sweeper) plus an operator ($58,000); trash receptacle refurbishing ($6,800); printing of 30,000 entertainment brochures ($4,750); engineering surveys for two parks ($7,000); schematic designs for two parks ($31,000); Chaparral Oak Tree lighting ($4,000); enhanced landscaping and maintenance ($4,000); Christmas decorations ($4,000); and news letters ($2,256). In addition, Ms. Urban highlighted the DMD's marketing and branding of the DTOWN concept for the downtown area. She said a $50,000 media blitz would begin in two weeks, with digitally designed banners for strategic locations in downtown entrances and gateways. Minutes - Regular Council Meeting July 19, 2005 - Page 10 Other projects included a partnership with the RTA for bus stops at parks; a public /private partnership for ARTStops; and the establishment of a 501 ©3 status through the Coastal Bend Community Foundation. Finally, she briefly mentioned the DMD's participation in various downtown events for a total of $10,500. These events are as follows: Art Walk ($2,000), Flicks in the City ($5,000), Harbor Ferry ($1,000), and the Velocity Games ($2,500). In conclusion, Ms. Urban thanked the City Council and staff for their continued interest in the downtown area, and for their continued support of the DMD and its endeavors. Mayor Garrett asked Ms. Urban to provide information on the number of vacant buildings in the downtown area, and how long they had been vacant. Mr. Marez spoke in support of the DMD's efforts to publicize the many eateries and shops in the downtown area through their website. He also spoke in support of the ARTSparks program. He expressed concern, however, about the dilapidated properties in the downtown area. He stated the property owners should be made accountable for the condition and maintenance of their properties, and he asked Mr. Noe to step up enforcement efforts. Ms. Urban stated a number of buildings were grandfathered under the city's vacant building ordinance; thus, they were not subject to its regulations. City Manager Noe replied he did not believe any vacant properties were grandfathered under the vacant building ordinance. He said staff would look at the list of vacant buildings and ensure they were in compliance with the vacant building ordinance. Finally, Mr. Marez spoke in support of the DTOWN marketing initiative as a way of making the downtown area more unique. Mr. Scott commented he had yet to hear an idea that would restore the coliseum to its former splendor, and that would honor the city's war veterans. He requested that the city make a significant effort to honor our veterans in the downtown area, whether at Sherrill Park, the T- Heads, or on the proposed pedestrian boulevard in the arena area. He said if necessary, he would be in favor of moving the memorial plaque on the coliseum to a new facility. He spoke in favor of a private /public venture to accomplish this. Mr. Kinnison spoke regarding the code violations in the downtown area. He asked if staff had considered bringing the Neighborhood Initiative Program (NIP) to coordinate an intensive clean- up of the area. City Manager Noe replied staff had sent code enforcement officers to the downtown area several times looking for code violations. He said staff had not included the downtown area in the NIP program because most of the clean-up was related to commercial trash, not residential. He said staff could look at bringing the NIP program downtown, and could also dispatch code enforcement officers again to sweep the area. Mr. Garcia expressed interest in enhancing downtown housing and residential opportunities. He asked Ms. Urban to provide suggestions on how best to achieve this goal. He also suggested forming public /private partnerships to address the maintenance needs and property enhancements of the area. * * * * * * * * * * * * * Minutes - Regular Council Meeting July 19, 2005 - Page 11 The last presentation was Item 19, a report on a City Council Focus Area regarding the revitalization of the city's downtown. Assistant City Manager Oscar Martinez said the area in question was east of Upper Broadway, south of IH -37, and north of Buford, which encompassed a broader area than defined by the DMD. Mr. Martinez discussed the demographic characteristics of the downtown area according to the 2000 census data. The total population was 972, less than one percent of the city's total population. The median age in the downtown area was 52.3, which exceeded the city's total median age of 33.2. The total number ofdowntown housing units was 565, less than one percent of the city's total housing units (107,831). Total occupied downtown housing units were 481, or 85 percent of total units, while the city's total occupied housing units were 98,791, or 92 percent of total units. Total downtown vacant housing units were 84, or 15 percent of total units, while the city's total vacant housing units were 9,040, or 8 percent of total units. Finally, he said the average downtown household size was 1.37, while the city's average household size was 2.75. Mr. Martinez displayed a chart depicting the composition of the downtown by number of parcels. He said there were 73 commercial parcels, 15 public parcels, 20 park parcels, 2 multi - family parcels, and 3 high- density multi - family parcels. Mr. Martinez discussed transportation modes in the downtown area, primarily comprised of RTA bus routes. He highlighted two routes in the focus area, both of which went by City Hall and the Police department. In addition, various routes lead to other city attractions such as the USS Lexington, the Texas State Aquarium, and Corpus Christi Beach. He also discussed the number of available parking spaces in the area, saying there were 462 non - metered parking spaces, 723 paid parking spaces, and 578 metered parking spaces, for a total of 1,760 parking spaces. Mr. Martinez reported on the downtown zoning pattern. It was comprised ofA -2 (Apartment Housing District), B -2 (Bayfront Business District), B -5 (Primary Business District), and B -6 (Primary Business Core District) zoning. Mr. Martinez mentioned the surrounding amenities in the area, including the marina, the Bayfront Arts and Science Park, the seawall, and Cole Park. Mr. Martinez briefly mentioned a number of current downtown initiatives as follows: Wi -Fi; street construction; storm water improvements; ADA improvements; Bayfront Master Plan; Downtown Management District; and the coliseum re -use. Mr. Martinez discussed other incentives available in the downtown area through the Renewal Community program and the Enterprise Zone. The Renewal Community zone included Census Tract 3, which was primarily composed of the downtown area. The Commercial Revitalization Deductions (CRD) available through this program offered annual allocations of $12 million in federal tax deductions. In addition, employers could take advantage of up to $1,500 in federal tax wage credits per year for each employee who lived and worked in the Renewal Community. Finally, owners of qualifying Renewal Community assets were eligible for a Zero Percent Capital Gains rate. Regarding the Enterprise Zone, Mr. Martinez stated businesses designated as Texas Enterprise Zone projects were eligible to receive refunds on their state sales and use taxes. Minutes - Regular Council Meeting July 1 9. 2005 - Page 12 Eligibility was based on each permanent job created or retained during the five -year designation period. Finally, Mr. Martinez mentioned other incentives in the downtown area such as the Community Development Block Grant (CDBG) program and the Reinvestment Zone. The CDBG designation allowed business owners to vie for Section 108 Loan Guarantee Programs, as well as funding economic development, housing rehabilitation, public facilities, and large scale physical development projects. The Reinvestment Zone provided tax abatement for eligible businesses if the project met the city's criteria for granting tax abatement. Mr. Martinez discussed four potential downtown revitalization strategies as follows: organization; design; promotion; and economic restructuring. By "organization ", staff was referring to establishing consensus and cooperation by building partnerships that work together to improve downtown. Key groups in the downtown area included merchants, property owners, bankers, city officials, chamber members, economic development professionals, and individual citizens. "Design" referred to a movement to encourage appropriate, high quality design in the maintenance, renovation, and re -use of downtown buildings to plan and promote infrastructure improvements. "Promotion" described the promotion of a positive image of downtown. The promotions would market traditional commercial district assets to customers, potential investors, new businesses, and local citizens. In addition, the promotion of downtown as a tourist destination through marketing and advertising was also recommended. "Economic restructuring" referred to the effort to strengthen downtown's existing economic base; to identify market needs and develop programs to meet those needs; and meet new opportunities and challenges from outlying development. Finally, Mr. Martinez displayed a flow chart of possible stakeholders who could contribute to the downtown revitalization initiative. Mayor Garrett asked staff to see if there was a grandfathering clause in the city's vacant building ordinance. Mr. Scott asked staff to provide information on the vacancy rates for downtown housing units distinguishing between new and old developments. He thought perhaps the older units were vacant, but the new units were doing well. Mr. Martinez said he would provide this information. In response to Mr. Scott's question, Mr. Noe replied there were a number of senior citizen facilities in the downtown area which may have skewed the median age in the downtown area. Mr. Scott asked if there was any proposed coliseum re -use project that would restore the facility to its former luster. If not, then Mr. Scott asked the city to consider designating a World War II veteran's memorial. Mr. Garcia asked for information on the median income for the downtown residential Minutes - Regular Council Meeting July 19, 2005 - Page 13 population. He also asked for information on what types of housing units had sold best in the downtown area. He wanted to know if a PUD would be viable, and if so, what it would entail. Mr. Kinnison asked for a status on the Memorial Coliseum re -use RFQ process. Mr. Noe stated Mr. Martinez had submitted a semi -final draft, and he would probably be including copies in the Council's packets sometime this week. In response to Mr. Noyola's question, Mr. Martinez stated the Renewal Community program had been underutilized in the downtown area. He said this was most likely because the program had not been marketed sufficiently and because business owners were intimidated by the paperwork involved. He thought the city could do a better job marketing the program Mr. Noyola also asked about the possibility of using CDBG funds for downtown housing. Mr. Noe replied there was no active program to utilize CDBG funds for downtown housing, but the city has offered tax abatement as an incentive. He said the Council could allocate CDBG funds in a future allocation. In response to Mr. Noyola's question, Mr. Martinez stated the first responses to the coliseum RFQ could be expected at the end of August. Mr. Noyola stated one group had submitted a proposal that may meet Mr. Scott's expectations. He agreed with Mr. Scotts idea to make the plaque at the coliseum more prominent, noting the facility was called the Memorial Coliseum for a reason. He spoke against tearing down the coliseum. City Attorney Fischer announced that upon review of the vacant building ordinance, there was no grandfathering clause which excluded any buildings from the provisions of the ordinances. Mr. Scott added then the city should ensure its enforcement efforts. * * * * * * * * * * * * Mayor Garrett opened discussion on Item 20 regarding a project agreement and business incentives between the Corpus Christi Business and Job Development Corporation and McTurbine Incorporated. Assistant City Manager Oscar Martinez stated the item consisted of two resolutions. The first resolution authorized the City Manager to execute a project agreement regarding the implementation, administration, and agreement to grant business incentives to McTurbine, Incorporated. The second resolution approved the contract between the Corpus Christi Business and Job Development Corporation (4A Board) and McTurbine, Inc. for $500,000 in economic development sales tax for reimbursement purposes only. The monies would offset a portion of the cost of constructing a new helicopter maintenance facility. As a result of the expansion, it was expected that over 100 jobs would be created over a three -year period at over $20 an hour. The facility would need to be completed 12 months of execution of the agreement. Mayor Garrett asked for public comment Mr. Abel Alonzo, 1701 Thames, asked how many of the 100 new jobs created would be local hires. Mr. Martinez replied it depended on the company; he assumed a majority of the jobs would be hired locally. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting July 19, 2005 - Page 14 20.a. RESOLUTION NO. 026353 Resolution authorizing the City Manager or his designee to execute a project agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of agreement to grant business incentives to McTurbine, Inc. for the creation of 100 jobs. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 20.b. RESOLUTION NO. 026354 Resolution approving contract between Corpus Christi Business and Job Development Corporation and McTurbine, Inc. for $500,000 of economic development sales tax monies for reimbursement of construction costs for new 40,000 square foot helicopter maintenance facility for creation and employment of 100 new full -time positions. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". Mayor Garrett opened discussion on Item 21 regarding proposed amendments to the Texas Cable Partners (Time Warner) franchise agreement. Director of E- Government Services Susan Cable explained the item consisted of two recommendations. First, she said the Channel 10 Public Access User Group forwarded requested changes to the Rules and Procedures related to tapes, programming, and the lottery to the Cable Communications Commission. The commission concurred with the changes. Second, she said the Time Warner franchise agreement needed to be modified to be consistent with similar provisions in the Grande Communications cable franchise, allowing them to fill air time with alternate programming when producers had no programming. She noted that all the recommendations had been approved by the Cable Communications Commission, Grande Communications, and Time Warner. Mr. Marez remarked one of the changes in the Rules and Procedures prohibited portrayals of criminal acts being condoned or accepted. Ms. Cable stated this was a new change resulting from a program that was portraying acts of animal cruelty, and there was nothing in the Rules and Procedures to address it. Mr. Marez asked about an additional change in the Rules that allowed non - resident property owners to become public access producers. Ms. Cable clarified that this change was not added. She said the Channel 10 PAUG proposed the change, but Time Warner rejected it because based on the current franchise agreement, the city cannot impose any greater requirements than those currently in the agreement. She said the PAUG agreed to move forward without the amendment. Mayor Garrett asked for public comment. Mr. Jack Gordy, President of the Channel 10 PAUG, stated at the Cable Communications Commission meeting, the Channel 10 and Channel 18 PAUGs were represented and they agreed with the changes except the exclusion of non - resident property owners. He said the Channel 10 PAUG believed that non - resident property owners should Minutes - Regular Council Meeting July 19, 2005 - Page 15 be allowed to produce a program. In addition, he said the Channel 10 PAUG disagreed with another of Time Warner's recommendations about putting the production date on the tape label. He said the PAUG did not understand why this rule was necessary. They felt it was confusing because the production date could vary with the content. Other than these exceptions, Mr. Gordy said the Channel 10 PAUG agreed with the changes. Mr. Garcia asked if these changes were necessary because of ongoing problems or complaints with the public access channel. Ms. Cable replied there had been very few complaints from the Channel 10 PAUG in the last several months regarding tape delivery and programming. She added the reason Time Warner was requesting a program identification (production date) on the tape was to clarify to the viewer when a producer aired a program from 2000 or 2002. Mr. Scott and Mr. Noyola asked for an explanation why non - resident property owners were being prohibited from being producers. Ms. Cable replied Time Warner, Grande Communications, and the Cable Communications Commission rejected this proposed change because based on the current franchise agreement, the city cannot impose any greater requirements on Time Warner than those currently in the agreement. Mr. Gordy refuted this statement, saying the Cable Commission did not agree to removing this change; rather, they recommended submitting the change for the Council's consideration. Ms. Cable stated the Cable Commission approved the recommendations for Council consideration at their April meeting and on June 11, 2005. Mr. Noyola asked if the city could amend the non - resident property owner requirement to say they could participate if they lived within a certain radius of the city. City Manager Noe stated the issue was not what the city could propose; rather, it was what Time Warner and Grande Communications would agree to. He said the city could not unilaterally impose any requirements on Time Warner and Grande that were greater than those currently in the franchise agreement. Mr. Noyola took exception to this, saying it was unfair to taxpayers and ratepayers in Robstown and other outlying communities. Mr. Noyola asked what would happen if the Council were to approve the inclusion of non- resident property owners as producers. Assistant City Attorney Lisa Aguilar stated it was the Council's prerogative to adopt the change, but legally, Time Warner was not required to comply with the requirement if they felt it was more burdensome than the franchise agreement provided. Mr. Kelly asked if taxpayers were supporting public access. City Manager Noe replied negatively, saying public access was provided as a provision of the franchise agreement as compensation to the city for the use of public streets. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting July 19, 2005 - Page 16 21.a. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding Rules and Procedures for Public Access Cablecasting. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 21.b. FIRST READING ORDINANCE Amending the franchise granted to Texas Cable Partners (Time Warner) regarding use of access channels when not in use by access channel users. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". * * * * * * * * * * * * * Mayor Garrett called for a brief recess to conduct a swearing -in ceremony for new board and commission members, and to present proclamations. * * * * * * * * * * * * * Mayor Garrett called for petitions from the audience. Mr. Dan Stiefel, 3701 Bentwood Lane, spoke against a new initiative to allow an individual to open a taxi cab company with only one driver. He noted the current requirement is that the maximum number of vehicles shall be no lower than five. Mr. Noe stated City Attorney Fischer had told him the payment had to be equal to five vehicles, but there was no requirement the owner had to operate five vehicles. He said he would provide Mr. Stiefel with a written explanation. Mr. John Kelley, 3621 Austin, spoke against the city's position to lift the Coastal Barrier Resources Act (CBRA) on the Jones Tract in Kleberg County. He said the city's request to lift the CBRA can only be seen as a willingness to provide a public subsidy to a developer since the act prevented any federal assistance. Mr. Scott asked City Manager Noe to contact Mr. Tom Utter for a background paper on CBRA. Mr. Chesney clarified that he was not in favor of closing all beaches as has been portrayed in the media. He supported the exclusion of the Jones Tract from the CBRA because this property was never intended to be included. Mr. Scott and Mr. Garcia stated they had no vested interest in this development. Mr. Kelley stated the city should focus its efforts on redeveloping the interior of the city to prevent urban sprawl. Mr. Scott stated the city was making efforts to redevelop the city, mentioning the in -fill lot program. Mr. Thomas Dreyer, 914 Ligustrum, spoke regarding the lack of handicapped access in a number of downtown areas, including Sherrill Park. Minutes - Regular Council Meeting July 19, 2005 - Page 17 Mr. Johnny French, 4417 Carlton, spoke against the proposed beach closure along the seawall near Packery Channel. He said the proposed parking lot for vehicles in this area was inadequate. He also spoke against lifting CBRA from the Jones Tract near Kleberg County. Mr. Jack Gordy, 4118 Bray, spoke regarding the condition of the U.S. flag being flown at City Hall. Mr. Domingo Ibarra, 3122 Leopard, introduced himself as the new president of the Police Officers Association, and said he looked forward to working with the Council and city staff. Ms. Pat Suter, 1002 Chamberlain, spoke regarding her concerns about the lack of cleanliness in city parks, and suggested enhancing the park maintenance budget. In addition, she stated the city should increase its efforts to support recycling. Finally, she spoke in favor of the beach closure in front of the seawall provided the proposed parking lot was adequate and had proper amenities. The following individuals spoke in favor of reinstating the city service of picking up opossums caught in traps: Mr. Jack Gordy, 4118 Bray; Ms. Joan Veit, 5701 Cain Drive; Ms. Dorothy Harwood, 605 Williams; Ms. Rosa L. Flores, 5837 Llano; Mr. Danny Noyola, 4410 Acushnet; Ms. Doris Yaklin, 4605 Mildred; Ms. Carolyn Moon, 4902 Calvin; Ms. Patti and Mr. Charles Boeckman, 322 Del Mar; and Mr. and Mrs. Joel Walker, 6046 Hugo. Ms. Sherry Dunlap, P. O. Box 9093, commented that city resources should be applied toward the city's feral cat and dog problem, not toward opossum pick -up. Mr. Peter Torres, 302 Foster Drive, spoke regarding his concerns about speeding on Santa Fe Drive, which he attributed to drivers avoiding the Alameda Hospital Zone. Mr. Abel Alonzo thanked the Council for appointing him to the Committee for Persons with Disabilities. He challenged persons with disabilities to become more involved in their community by serving on a board or commission. Mr. R.E. Byers, 4630 Blundell, asked the Council to address problems with Mr. Jack Gordy's leadership of the Channel 10 public access users group and with the public access studio. Mr. Noyola suggested that Mr. Byers focus on better management of their funds rather than Mr. Gordy. Mr. Adam Rios, 2002 Airline, spoke regarding his concerns about underage drinking in the community, and asked for the Council's support. Mr. Carlos Torres, 6014 Ayers, spoke regarding the Del Mar College joint fire training facility item on last week's agenda. He said the Firefighters Association preferred having a facility for their exclusive use. Ms. Cruz Colomo expressed concern that the Council had not addressed the problems with the public access studio. * * * * * * * * * * * * * Minutes - Regular Council Meeting July 19, 2005 - Page 18 Mayor Garrett called for a brief recess. * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 22, the first reading of the budget adoption ordinance. City Manager Noe reviewed that at the last Council meeting, the Council had requested staff to look at reducing the budget and keeping the effective tax rate. The effective tax rate is the rate that will generate the same amount of revenues as the prior year from the same taxpayers. The only growth that would occur is due to new improvements. At this point, staff was estimating that the tax roll would include about $216 million worth of new improvements. He said the rate for debt service was added to the maintenance and operations (M &O) rate to equal the total tax rate. City Manager Noe reviewed a chart depicting the current tax rate of $.634, comprised of an M &O rate of $.460 and a debt service rate of $.174. In the proposed budget, the M &O rate was reduced to $.455 and the debt service rate was $.199 to support the Bond 2004 initiative, totaling $.654. To make the M &O rate reflect the effective tax rate, the M &O rate would be reduced to $.432 which when added to the debt service rate of $.199, would make the total rate $.631. Mr. Noe stated the reductions required in the general fund to accomplish this 2.3 cent decrease in the M &O rate was approximately $2.1 million. Staff was recommending the following reductions to this end: • Reduce General Fund appropriation to GO debt service fund - $1,000,000 • Reduce General Fund department salary and retirement to anticipate salary savings due to vacancies - $714,514 Reduction of the General Fund reserve appropriation - $200,000 Reduction of the Risk Management Fund unencumbered reserve - $250,000 In addition, Mr. Noe stated the Council had considered a second alternative to have a slight increase in the property tax with a reduction in the proposed residential garbage fee increase. To accomplish this, he said the revised solid waste /effective M &O rate would be $.644 ($.445 in M &O rate and debt service rate of $.199). Mr. Noe also stated staff had received a request on repairs to the Harbor Playhouse and the Art Museum of South Texas. He noted staff was conservative on the amount of revenue received from the hotel tax because a bowling conference next year would probably increase revenues dramatically. He said a local bank had offered the opportunity to finance the improvements at the playhouse and art museum at a six percent rate over a period of time, which would slightly increase the current year funding for these agencies by $103,000. He said staff felt this amount could be more than accommodated by an increase in the hotel tax. In addition, Mr. Noe said the Council had asked staff to provide the cost for reinstating the city's opossum pick -up service. He noted the city previously picked up any trapped animal, not just opossums. Using the estimate of 5,000 animals, he said the cost was $72,000, assuming the city lease- purchased a vehicle. He said Dr. Bergin and staff at the Health Department did not feel the opossums were the public health threat they were perceived to be; thus, staff was still in favor of eliminating the service. However, if the Council wished to reinstate the service due to public Minutes - Regular Council Meeting July 19. 2005 - Page 19 demand, it was their option. With regard to privatizing the service, Mr. Noe said the city could offer the service at approximately $15 per pick -up, while the private sector was charging $25 to $75 per pick -up. He did not believe they could find a private sector contractor who could provide the service for less than the city's cost, but staff could test the issue. He noted this action had the potential to delay reinstatement of the service because of the formal bidding process. If the Council wished to charge a fee - for - service, which would be $15 a pick -up. The Council could require all or part of the fee to be charged as they wished. Mr. Kinnison thanked staff for providing these options. He asked how staff could recover the monies required to reinstate the opossum pick -up without charging a fee. Mr. Noe suggested using the $100,000 set aside for implementing the Tri -Data report because this amount would not make substantial progress to implementing it. Mr. Kinnison stated during the Bond 2004 election, the public expected to pay a 2.5 cent increase, but this budget actually contained a rate reduction. He said this was significant, and he spoke in favor of adopting the changes outlined by Mr. Noe to lower the effective rate to $.631 including the following elements: reinstatement of the opossum pick -up without charging a fee and the improvements to the Harbor Playhouse and the Art Museum. Mr. Scott stated he had hoped to contract out the opossum pick -up. Mr. Noe stated staff could look into it to see if a private sector company could do it for less. Mr. Scott also asked staff to provide the historical significance of the proposed M &O rate, noting the last time it had been this low. Regarding the police department budget, he said the budget appeared to have grown 30 percent since 2001. This year, he said the police department was proposing an approximately $53 million budget, an increase of six percent. He said this demonstrated the Council has made a commitment to fund the police department. Mr. Scott also stated he had requested the police department to provide 5 -year projections on total crime, violent crime, property crime, and a major city comparison. He said he did not receive five year projections on total crime or violent crime, and the property crime statistics did not include a trend line. Mr. Scott took exception to this, and he asked the police chief and Mr. Noe to provide the information. Mr. Noe stated he understood Mr. Scott had requested comparative data on the five -year trends and compare it across the cities. He said staff would provide the comparative data. Mr. Scott then spoke in support of staff's recommendations. Mr. Chesney spoke in support of staffs recommendations to reduce the budget while keeping the effective tax rate, resulting a tax decrease. He asked staff to publicize the decrease. He also thanked Mr. Kinnison for his efforts. Mr. Noe cautioned the city had not received the final data from the appraisal district. Once the data was received, staff could improve their projections. Traditionally, he said the numbers from the district were better. Mr. Noyola asked to consider hiring three part -time workers to work on opossum pick -up, Minutes - Regular Council Meeting July 19, 2005 - Page 20 instead of the proposed one full -time, and one part-time worker. Mr. Noe said he would need to see if there was a market for part-time workers, but he would look into it. Mr. Kelly asked if the proposed $1,000,000 reduction to the debt service fund was a good idea. Mr. Martinez replied the if the fund balance was too large, the city could be criticized. Thus, staff was recommending the reduction, but noted they would need to track all the reductions closely. Mr. Kelly thanked Mr. Kinnison for his efforts on the budget. In response to Mr. Scott's question about the historical M &O rate, Mr. Noe replied the lowest rate found was in 1994 of $.439, while the Council was considering adopting a $.432 rate today. Mr. Kinnison encouraged the Council to keep asking questions. He thanked City Manager Noe and Assistant City Manager Martinez for answering his questions. Mayor Garrett thanked City Manager Noe and staff for their efforts on the budget There were no comments from the public. A motion was made and seconded to amend the budget as proposed by Mr. Kinnison and recommended by staff to lower the effective rate to $.631 and including the following elements: reinstatement of the opossum pick -up without charging a fee and the improvements to the Harbor Playhouse and the Art Museum. City Secretary Chapa polled the Council for their votes on the motion to amend as follows: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". The motion to amend passed. City Secretary Chapa polled the Council for their votes on Item 22 as amended as follows: 22. FIRST READING ORDINANCE Adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2005; to be filed with the County Clerk; appropriating monies as provided in the budget. The foregoing ordinance was passed and approved on its first reading as amended with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". Mayor Garrett opened discussion on Item 23 regarding the annual compensation ordinance, which provided for the salary and wage adjustments the Council authorized in the proposed budget. Director of Human Resources Cynthia Garcia stated the following revisions were being recommended: a 2.25 percent increase in general pay to employees in the 100 and 900 Pay Plans; a section to address salary pay compression when there is less than a 5 percent differential between the base pay of a Skill Based pay workforce and the highest base pay of a Skill Base pay sub -zone in the same division; granting the City Manager the discretion to grant bereavement leave for relationships that exist outside of the current ordinance; and a number of non - substantive changes to clarify existing language. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting July 19. 2005 - Page 21 FIRST READING ORDINANCE Amending the Code of Ordinances by revising Section 39 -301 Definitions; revising Section 39 -303, Standard Classifications, Pay Plans, Pay Grades, and Ranges, as amended; and providing for pay adjustments to relieve pay compression; revising Section 39 -306 Full Time Employees; revising Section 39 -334 Plan I Bereavement Leave; revising Section 39 -338 Plan I Use of Personal Leave and Vacation in lieu of Sick Leave; revising Section 39 -350 Plan II Bereavement Leave; revising Section 39 -353 Plan II Use of Personal Leave and Vacation in lieu of Sick Leave; repealing all other ordinances, and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for effective date. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney was absent. Mayor Garrett opened discussion on Item 24 a -g, a number of rate and fee adjustments reflected in the adopted budget. Mayor Garrett asked for public comment. Mr. Sam Cowling, 138 Southern, asked questions regarding the proposed rate increases for water, gas and wastewater. City Secretary Chapa announced that Mr. Noyola was abstaining from the vote and discussion on Items 24.f. and 24.g. Mr. Chapa polled the Council for their votes as follows: FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding Water, Gas and Wastewater Rates; providing for an effective date. The foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 24.b. FIRST READING ORDINANCE Amending Section 55 -22, 55 -28, and 55 -38, the Code of Ordinances, City of Corpus Christi, regarding application fees for Utility Service, fees for testing meters, and service charges related to disconnecting utility service and bypassing or tampering with meters; providing for penalties. The foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". Minutes - Regular Council Meeting July 19, 2005 - Page 22 24.c. FIRST READING ORDINANCE Amending Section 55 -63 and 55 -70, Code of Ordinances, City of Corpus Christi, regarding fees for servicing gas appliances and gas tap fees. The foregoing ordinance was passed and approved with the following vote. Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 24.d. FIRST READING ORDINANCE Amending Section 35 -92, Code of Ordinances, City of Corpus Christi, to impose an administrative fee for the transfer of an oil and gas well permit; providing for penalties. The foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 24.e. FIRST READING ORDINANCE Increasing Resource Recovery Fees in Chapter 21, Code of Ordinances, City of Corpus Christi; providing an effective date. The foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 24.f. FIRST READING ORDINANCE Amending the Corpus Christi Code of Ordinances, Chapter 9, Section 9 -61, Permit for Airport Ground Transportation Operations, by revising fees and charges; providing for an effective date of September 1, 2005, providing for repeal; providing for penalties. The foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained. 24.g. FIRST READING ORDINANCE Amending Section 9 -35.1 Code of Ordinances, to add discounts for parking for thirty days or longer, waiver of certain parking fees, and commuter monthly parking permits for flight staff of airlines and code - sharing airlines based at the Corpus Christi International Airport; providing for repeal of conflicting ordinances; providing for penalties; providing for an effective date. The foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained. * * * * * * * * * * * * * Minutes - Regular Council Meeting July 19, 2005 - Page 23 Mayor Garrett called for the City Manager's report. Mr. Noe reported on Hurricane Emily, saying it was on target to hit the coast of Mexico south of Brownsville. The impacts locally would be precipitation from the rain bands coming from the east side of the storm today through tomorrow. Ile said the city has seen rising tides, and was in the process of shutting down the access roads off of SH 361. Mayor Garrett asked for an update on the seawall construction in September. He also asked for a report on the addition to Spohn Hospital. Mayor Garrett called for Council concerns and reports. Mr. Scott spoke in support of the initiative to remove vehicles in front of the seawall. He said the city was proposing to limit vehicles on less than one percent of the available beach. He said the city had agreed to build a parking lot for this area years ago, and was now funding the lot through TIF funds. He said he was surprised about requests for amenities on the parking lot when there were none on the beach today. He said he was in favor of the additional amenities provided there was funding. He suggested waiting for the TIF fund to grow and then fund the amenities in the future. Mr. Scott thanked Mr. Kinnison for his work on the budget. Mr. Noyola thanked Mr. Kinnison for his work on the budget. He also asked if the city provided food to essential employees who had to remain in town during the hurricane. Mr. Noe answered affirmatively, saying food and shelter was provided to the employees and their families. Mr. Marez reported a constituent on 1001 Chamberlain was complaining about a problem with the sewer line near her residence related to a manhole. Mr. Noe said he would contact her. Mr. Garcia reported the deer crossing sign and post the city had erected on Flour Bluff Drive had been stolen, and was now near Flour Bluff Drive and Caribbean. Mayor Garrett asked if there were cameras set up at all traffic intersections. City Engineer Escobar replied negatively, saying traffic sensors were set up at traffic intersections to regulate traffic. Mayor Garrett stated there was a public misconception that they were cameras, and he wanted to clarify the issue. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 2:35 p.m. on July 19, 2005. * * * * * * * * * * * * * 2 a. CORPUS CHRISTI CONVENTION AND VISITORS BUREAU BOARD — Five (5) vacancies with three -year terms to 7 -31 -08 representing the following categories: 1- Restaurant, 2 — At Large, 1 — Lodging and 1 — Attractions. DUTIES: To create a consciousness on the part of the citizenry of the Corpus Christi Bay Area of the potential trade advantages of the visitor industry; create a comprehensive publicity, advertising and promotional program to solicit and attract conventions and visitors to the Corpus Christi Bay Area and provide appropriate services connected therewith; promote and assist programs of information, education, recreation and development of visitors to such areas; and create friendly relations between the citizens of the area and visitors. COMPOSITION: Fifteen (15) members selected directly by the City Council. The members shall be representatives of the following groups: 3 - lodging industry; 2 - restaurant industry; 2 - area attractions; I - air /ground transportation industry; and 7 - community at large. The above members shall include persons from all areas of the City in order to assure diverse geographic representation on the Board. The Mayor, City Manager, Port of Corpus Christi Authority, Corpus Christi International Airport and the Coastal Bend Regional Tourism County, or their designees, shall serve as additional non- voting members of the Board. Appointments will be for staggered, three -year terms; provided that the term of office of any member who is a public official shall coincide with his or her term of public office. No person may serve as a voting member for a period longer than six years consecutively, unless such service is required by virtue of the person's position or title or to complete an unexpired term. ORIGINAL MEMBERS TERM APPTD. DATE * *Dave Prewitt (Restaurant), Chairman 7 -31 -05 06 -12 -01 Tom Schmid (Attractions), Co -Chair 7 -31 -07 02 -20 -01 Curt L. Broomfield (Restaurant) 7 -31 -06 09 -09 -03 * *Bert Quintanilla (At large) 7 -31 -05 02 -22 -00 Govind Nadkarni (At large) 7 -31 -06 02 -22 -00 *Jody Patel (Lodging) 7 -31 -05 02 -22 -00 * *Bill Goin (Attractions) 7 -31 -05 02 -22 -00 J.J. Gottsch (At Large) 7 -31 -06 11 -09 -04 Vangie Chapa (Transportation) 7 -31 -07 07 -22 -03 Bill Morgan (Lodging) 7 -31 -07 05 -16 -00 Kevin Latone (Lodging) 7 -31 -06 07 -08 -03 Sandi McNorton (At large) 7 -31 -07 03 -02 -04 Foster Edwards (At large) 7 -31 -06 05 -11 -04 John Trice (At large) 7 -31 -07 02 -22 -00 *Dan Viola (At large) 7 -31 -05 05 -08 -01 John Valls (Port of Corpus Christi) Ex- Officio Dave Hamrick (Corpus Christi international Airport) Ex- Officio Ann Vaughn (Coastal Bend Regional Tourism) Ex- Officio Mayor Ex- Officio City Manager Ex- Officio *Seeking reappointment **Not seeking reappointment NOTE: The Corpus Christi Convention and Visitors Bureau Board is recommending realigning J.J. Gottsch from an At Large position to the Attractions position. The Board is also recommending the reappointment of Dan Viola (At Large) and Jody Patel (Lodging). 11 the Council concurs with the Board's recommendation of realignment of Mr. Gottsch and reappointment of Mr. Patel and Mr. Viola, there will be one (1) Restaurant and two (2) At Large vacancies. Per the Convention and Visitors Bureau's agreement with the City, the Board is required to submit more names than vacancies. The Board is making the following nominations for consideration: Restaurant: Chris Aebu, Corbett "Butch " Pool and Daniel Dain At Large: Mark Richmond, Man Martin, Kim Erwin, Dick Drilling and Jimmy Mitchell Lodging: Jack Rush OTHER INDIVIDUALS EXPRESSING INTEREST Christopher Aebu Chef /Owner, Restaurant Lavender. Attended the California Culinary Academy. (Restaurant) (4- 28 -05) Cliff Atnip C. Ayala Gerald W. Brown, Sr. Debra Bruce Rodney Buckwalter Partner /Real Estate. Cobb, Lundquist and Atnip. Received B.A. in Finance from Baylor University. Member of the Rotary Club and Toastmasters. (At Large) (4- 22 -05) Owner /Travel Agent, Let's Travel. Current member of the Chamber of Commerce and Hispanic Chamber of Commerce. Graduate of Mexico Tourismo. (At Large) (8- 11-04) Vice President/Senior Analyst, RSI & Associates, Inc. Activities include: Member of the Institute of Business Appraisers, Member of the National Center for Employee Ownership, Nueces County Chapter of the Republican National Party, numerous committees at Second Baptist Church and Wounded Christian Ministries. (At Large) (02- 25-05) Owner /Manager, Thrifty Car Rental. Member of the Rotary Club of Corpus Christi and past president, KEDT Board of Directors and the Corpus Christi Chamber of Commerce. Received the award from Y Women in Careers. (Transportation) (8- 11 -04) Manager, Training & Quality, First Data Corporation. Received A.A. from Del Mar College, B.A. and M.S. from Texas A & M University — Corpus Christi. Activities Teresa Carrillo Mary N. Carter I erry Carter Evy Coppola include: Management Development Advisory Committee — Del Mar College, American Society for Training and Development, Patriot's Band and Honor Guard of America. (At Large) (7- 21 -04) Executive Director, Coastal Bend Bays Foundation. Received B.S. in Marine Science Emphasis and M.S. in Estuarine Ecology. Activities include: Flint Hills Community Council, Beautify Corpus Christi, Earth Day Bay Day Committee and Environmental Representative for the Coastal Bend Regional Water Planning Group. (At Large) (3- 18 -05) Director of Physician Relating. Received B.A. in Biochemistry, B.S.N. in Nursing and M.A. in Management. (At Large) (6- 22 -05) President/CEO, Corpus Christi Chamber of Commerce. Received B.S. in Quantitative Finance from the University of South Alabama. Activities include: Corpus Christi Rotary Club and YOU Executive Committee. (At Large) (12- 07 -04) Owner, Pathways to Wellness. Activities include. Founder /Director of Extraordinary Business Women Owners, League of Women Voters, Westside Business Association, Barrios Association and Yoga Alliance. (At Large) (4- 21 -05) Daniel Dain Owner, Domino's Pizza. Activities include: Forum Board and Distribution Advisory Board for Domino's Pizza, Special Olympics Bay Ball Commissioner and South Texas Development Board, National Rifle Association treasurer and Leadership Corpus Christi. (Restaurant) (5- 24 -05) Richard "Dick" Drilling Guadalupe "Albert" Garcia General Manager, KIII TV. Received A.A. from Fresno City College. Member of the Art Museum of South Texas, Driscoll Children's Hospital, Best of the Best and Heart Association. (At Large) (6- 08 -05) Retired, Com Products. Attended Del Mar College. Local musician and founding member and board member of the Texas Jazz Festival. (At Large) (2- 23 -05) Kim Erwin Owner/Broker, Realty World Island Properties. Received B.A. from Dana College and is currently working towards Masters in Business Administration. Activities include: Vice President of Padre Island Development Association, Kiwanis Club, Avance and Women's Council of Realtors. (At Large) (8- 16 -04) Linda Figueroa Doreen M. Harrell Laura Herbert Dora L. Hidalgo Diane LaRue Chad Magill Office Manager /Paralegal, Ysassi & Ysassi, P.C. Attended University of Houston and Texas A & 1 University. Member of the Texas Democratic Women and the Robstown RIDC. (At Large) (9- 30 -04) Community Coordinator, Grande Communications. Received B.A. in Communications with a minor in Public Relations from Texas A & M University — Corpus Christi. Activities include: Team Grande, Grande Passion and Commitment Investment Club Board Advisor, Corpus Christi Chamber of Commerce and the Corpus Christi Hispan ic Chamber. (At Large) (8- 09 -04) Insurance Advisor, GSM/Arvak. Activities include: Better Business Bureau, Delta Gamma, and Past President and Current Board member of CBAHU. (At Large) (2- 21 -05) Clinical Record Administrator, MHMR of Nueces County. Registered health administration technician. Member of the Coastal Bend Health Information Management Association and President of the South Texas Amigos de Mexico. (At Large) (9- 29 -04) Independent Marketing Director, Melaleuca, Inc. Attended LaSalle University, Temple University and Holy Family College. Activities include: Mission 911, IWA Golf Chair and Gala Committee, Blessed Sacrament Convent Auxiliary, Pan American Roundtable and Leadership Corpus Christi Class XXIX. (At Large) (2- 25 -05) Chief Information Officer, Identity Theft Solutions, LLC. Associate Member of Certified Fraud Examiners at Houston Community College. Activities include: Chamber of Commerce, Hispanic Chamber of Commerce, Westside Business Association, and SEA. (At Large) (6- 28-05) Matt Martin ,11 nun Mitchell Corbett "Butch" Pool Richard Pulido Jamie Pyle Mark Richmond Jack Rush Vice President /Market Manager, Clear Channel Broadcasting. Received a Marketing degree from Texas Tech University. Activities include: Board member for Texas Association of Broadcasters, Hispanic Chamber of Commerce, Regional Economic Development Corporation and Chamber of Commerce. (At Large) (11- 02 -04) Naval Officer /Substitute Teacher, Retired Military /Flour Bluff Independent School District. Received B.S. from Central State university. Currently working on A.A. in Hospitality management at Del Mar College. Currently a member of the Navy league. (At Large) (8- 02 -04) Owner, triton Sea Products, Inc. Received B.A. from Texas A & M University Corpus Christi. Activities include: Leadership Corpus Christi Board of Directors, Bayfest, Graffiti Wipe Out, Greek Festival volunteer and the American Cancer Society Cattle Baron's Ball. (Restaurant) (5- 23 -05) Regional Superintendent, U.S. Navy. Received B.S. in Business Management from Park College. Activities include: Prostate Cancer Committee with the American Cancer Society, Leadership Corpus Christi, Deacon of Gardendale Baptist Church, Junior Achievement Volunteer Program and Cable Communications Commission. (At Large) (7- 08 -05) Vice President, Pyle & Associates, Inc. Received B.S in Civil Engineering from Oklahoma State University. Activities include: Boy Scout Venture Troop Advisor, Southside Rotary Club Member, After Hours Quitters Vice President, Leadership Corpus Christi and Texas Society of Professional Surveyors. (At Large) (8- 09 -04) Self - employed/Publisher, The Business Journal. Received B.A. from the University of West Florida. Activities include: Heart Board, Rotary Club and the Ad Club. Received the SBA "Business Journalist of the Year" Award. (At Large) (5- 11 -05) Managing Agent /General Manager, Port Royal Ocean Resort Condominiums. Member of the AH &LAJAAA Marketing Task Force. (Lodging) (4- 21 -04) Lawanda Skrobarczyk Robert Tamez Marsha Williams Bella Zavala President /COO. 1`t Commerce Mortgage. Has a Real Estate Agent and MTG Loan Officer license. Activities include: BACC, CCAR and the Chamber of Commerce. (At Large) (6- 08 -05) Retired, Citgo Petroleum and Chemical. Attended Del Mar College and received Apprentice Training in Petroleum Refinery Industry. Activities include: Nueces Rural Rail Transportation, Nueces County Civil Service Commission, El Socorro /Ronald McDonald Fundraiser, Texas Sports Association of Officials, and the American Red Cross. (At Large) (7- 20 -05) Realtor. Re /Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Active member of the Kiwanis Club and the Re /Max Lifetime Hall of Fame. (At Large) (6- 09 -05) Corporate Sales Manager, Port Royal Ocean Resort and Conference Center. Received an Associate's degree from Del Mar College. Activities include: FOCCB, Forward Corpus Christi, HSMA, Hispanic Chamber of Commerce and the Chamber of Commerce. (Lodging) (6-10-05) b. PLANNING COMMISSION One (1) vacancy with tenn to 7- 31 -07. DUTIES: To make and amend a master plan for the physical development of the City; to recommend to the City Council approval or disapproval of proposed changes in the zoning plan; to exercise control over platting or subdividing land within the corporate limits of the city and within an area extending five miles beyond the City limits; to submit annually to the City Manager not less than 90 days prior to the beginning of the budget year a list of recommended capital improvements which in the opinion of the commission are necessary or desirable during the forthcoming 5 year period; to require information from other departments of the City government in relation to its work; to be responsible to and act as an advisory body to the City Council and to perform such additional duties and exercise such additional powers as may be prescribed by ordinance of the City Council. COMPOSITION: Nine (9) members appointed for three -year terms, which shall consist of nine registered voters of the City appointed by the City Council. Elects its own chairman from among its membership at the first regular meeting in August of each year. ORIGINAL MEMBERS TERM APPTD. DATE John R. Martinez 7 -31 -08 7 -12 -05 James Skrobarczyk, Sr. 7 -31 -08 7 -12 -05 ** *Richard B. Smith 7 -31 -07 7 -10 -01 Rudy Garza 7 -31 -06 2 -22 -05 Eloy H. Salazar 7 -31 -06 7 -11 -00 Robert Zamora 7 -31 -06 7 -11 -00 Michael Pusley 7 -31 -07 2 -13 -01 Fred Braselton 7 -31 -07 7 -13 -04 R. Bryan Stone 7 -31 -08 7 -09 -02 ** *Resigned INDIVIDUALS EXPRESSING INTEREST Robert Cagle Teresa Carrillo Vice President - Turnaround Division, Repcon, Inc. Received B.S. in Engineering Science and Mechanics and M.A. in Business Administration. Member of the Rotary Club of Corpus Christi. (4- 21 -05) Executive Director, Coastal Bend Bays Foundation. Received B.S. in Marine Science Emphasis and M.S. in Estuarine Ecology. Activities include. Flint Hills Community Council, Beautify Corpus Christi, Earth Day Bay Day Committee and Environmental Representative for the Coastal Bend Regional Water Planning Group. (3 -18- 05) Suzzettc F. Chopin Professor /Director of Pre - Professional Education, Texas A & M University Corpus Christi. Received B.S. from Loyola University, M.B.A. from Texas A & M University - Corpus Christi and Ph.D. from Louisiana State University Medical Center. Activities include: National Association for Advisors to Health Professions, IRB Driscoll Children's Hospital, and the Executive Board of the Texas Association of Advisors to Health Professionals. (2- 23 -05) E Coppola Owner, Pathways to Wellness. Activities include: Founder /Director of Extraordinary Business Women Owners, League of Women Voters, Westside Business Association, Barrios Association and Yoga Alliance. (4 -21- 05) Kenneth W. Graves Leading Chief Petty Officer, United States Navy. Received B.S. from George Washington University and M.A. from Webster University. Active member of the America College of Health Care Executives. Previously stationed in Yokosuka, Japan and familiar with Japanese customs. (4- 28-05) Paul Grivich Extensive background in finance, accounting and management. B.S. in Political Science, Sam Houston State University. Activities include. former member of the Board of Adjustment and current member of the Nueces County Tax Appraisal District. (12- 07 -04) Atilano Javier Huerta R. Bryan Johnson Diane LaRue Project Architect, Cotton Landreth Kramer Archtiects. Received a Bachelor of Architecture from Monterrey Institute of Technology in Monterrey, Mexico. Activities include: American Institute of Architects, Texas Society of Architects, C.C. Chapter AIA and the Hispanic Chamber of Commerce. (2- 23 -05) Self - employed, Real Estate Broker. Received B.S. in Applied Sociology from Texas State University and pursuing M.A. from Texas A & M — Corpus Christi to become a Certified Commercial Investment Manager. Interested in serving the community. (5- 31 -05) Independent Marketing Director, Melaleuca, Inc. Attended LaSalle University, Temple University and Holy Family College. Activities include. Mission 911, IWA Golf Chair and Gala Committee, Blessed Sacrament Convent Joseph C. Loon Randall L. Meredith Mary A. Moya Dale M. Pittman John Powell Richard Pulido Leo Rios Auxiliary, Pan American Roundtable and Leadership Corpus Christi Class XXIX. (2- 25 -05) Professor of Geographic Information Systems and Conrad Blucher Endowed Chair for Surveying, Texas A & M — Corpus Christi. Received B.S. and M.S. from the University of Cape Town, and M.S. and Ph.D. from Ohio State University. Editor of the national journal "Surveying the Land Information Systems." Inducted as Fellow of the American Congress on Surveying and Mapping in April 2004. (6- 30 -04) Attorney, Meredith Law Office. Received B.A. and M.B.A. from Texas State University and J.D. from St. Mary's University School of Law. Dedicated to family and community. (3- 21 -05) Human Services Tech., Texas Department of Family and Protective Services. Attended Del Mar College and has a real estate license. Received a Certificate of Appreciation from TXDFP and from Nueces Child Welfare Foundation. (2- 28 -05) President /CEO, Construction Assistance. Received certificates in Real Estate and Construction Inspection Work. Member of the Texas Residential ICF Statewide and Local Committee, Associated General Contractors and the Associated Building Contractors. (5- 06 -04) Real Estate Agent. Currently a junior at Texas A & M — Corpus Christi. Has real estate education and licenses. (5- 31-05) Regional Superintendent, U.S. Navy. Received B.S. in Business Management from Park College. Activities include: Prostate Cancer Committee with the American Cancer Society, Leadership Corpus Christi, Deacon of Gardendale Baptist Church, Junior Achievement Volunteer Program and Cable Communications Commission. (7 -08- 05) Realtor, ReMax Metro Properties. Attended Blinn College and Del Mar College. Activities include: C.C. Board of Realtors, Texas Association of Realtors and the Texas Real Estate Political Action Committee. (6- 02 -05) John S. Taylor Miles D. Toren Marsha Williams President, Associated Builders and Contractors. Received B.S. from Sam Houston State University and M.A. for Texas A & M University. Activities include: C.C. Chapter of American Institute of Architects, C.C. Mustangs, C.C. Downtown Rotary Club, C.C. Development services and Building Code Board of Appeals. (7- 12 -05) Assistant Chief Probation Officer, Nueces County Juvenile Department. Received Master's degree in Sociology and Gerontology. Received the Employee of the Year award for 1996. (2- 19 -05) Realtor, Re /Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (6- 09 -05) 3 AGENDA MEMORANDUM RECOMMEDATION: Motion approving the purchase of a chiller monitoring system from loud Sense Corporation, (Corpus Christi, Texas. based on sole source for the total amount of 532.800. The system will be installed on the air conditioning system located at the Corpus ( `hristi International Airport. funds are available in the Building Maintenance Capital budget of the Airport Fund. Purpose: Award Basis: Funding: The monitoring system is comprised of meters, sensors a computer and the software required to run the system. This system is unique in that it not only accumulates data on the performance of the chiller system but also analyses it. It is designed to take into consideration the theoretical performance of the equipment and compare it to the actual performance. Power consumption, air llow, temperature and pressure are all monitored for optimal perlormance. "file system is capable of generating a report listing the areas of deficiencies in the chiller system and recommending adjustments for improved performance. Sole Source 'File functionality of the monitoring system is protected from duplication under mo United States Patents. The system is only available from the original designer, Total Sepsc Corporation, Inc. Aviation Department 550040 - 4611 -35041 Micha=1 arrera Procureme t & General Services Manager $32,800 ITEM CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER - MICHAEL BARRERA DESCRIPTION QTY. UNIT PRICE SHEET Advanced Chiller Technology Monitoring System Total Sense Corporation, Inc. Corpus Christi, Texas Total Price 1 Chiller Monitoring System 1 Each including meters, sensors. computer. software, installation, callibration, training, warranty and support. $32,800.00 4 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of four (4) riding mowers from John Deere Commercial. Cary, NC, in accordance with the cooperative purchasing agreement with the texas Local Government Purchasing Cooperative (TLGPC), for a total amount of $40,868.52. 1 he riding mowers will be used by the Park & Recreation Department. Funds are available in the 1Y04 -05 Park Operations Budget. :**k**4**************:************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: Award Basis: funding: Memo \\ ors will he used by the Park Maintenance Division of the Park & Recreation Department. fhec will he used by mobile crews responsible for light duty maintenance at City parks. 'Hie mowers will he purchased through the cooperative purchasing agreement with the TLGP('. TL(iPC is administered by the Texas Association of School Boards (TASB) and co- sponsored by the Texas Municipal League (TML) and the Texas Association of Counties (TAC). TLGI'C' acts as an independent agency awarding exclusive cooperative purchasing contracts for its numbers. Park Maintenance 550020- 1020 -12910 Michael $arrera Procurement and General Services Manager $40,868.52 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION TLGPC contract # 225 -05 RIDING MOWERS BUYER: MICHAEL BARRERA VENDOR QTY John Deere Commercial Cary, NC UNIT PRICE TOTAL PRICE 1 72" riding mower 4 $10,217.13 $40,868.52 5 CITY COUNCIL AGENDA MEMORANDUM Date: 07/26/05 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $41,404 from the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) Fund and to execute all related documents. B. Ordinance appropriating $41,404 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund. ISSUE: Sixth year funding has been awarded from the State of Texas, Criminal Justice Division, under the Victims of Crime Act (VOCA) that provides funds to projects with the primary mission of providing direct services to victims of crime. REQUIRED COUNCIL ACTION: Accepting the grant award. PREVIOUS COUNCIL ACTION: Approval to submit the application on 01/25/05. FUNDING: The State provides $41,404 and the City $14,870. The City is required to contribute at least a 20% grant match that may be in -kind or cash contribution. Volunteer hours provide $2,800 toward the match with the law enforcement trust fund providing $11,959 to purchase equipment, supplies, and provide training. The funding is not on a declining percentage or ending funding cycle. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant award. Attachments: Grant acceptance notice A are Chief of BACKGROUND INFORMATION The grant continues the Victim Assistance Program that provides assistance to victims and family members with the goal of lessening the short and long -term trauma experienced as a direct result of victimization. Victims and their family members are provided with information and guidance for resolving problems and referrals to other social service agencies. The purpose of these services is to speed their recovery from a criminal act to aid them in the criminal justice process. The grant covers the salary/ benefits for a Victim Case Manager, equipment, supplies, training, and mileage. The case manager provides services to victims including information and referral, criminal justice support and case information, assistance with filing forms for benefits available through the Crime Victims' Compensation under the Texas Crime Victims Compensation Act, informing victims of their rights as victims, advocating on victims behalf with other agencies and within the criminal justice system, and transportation to shelter or to court. They also work with the Victims Advocates Office located at the District and County Attorneys office, local coalitions and other agencies in an ongoing effort to identify needs and to improve the quality and continuity of services to victims in the community. STATE OF TEXAS O F F I C E O F T H E G O V E R N O R C R I M I N A L J U S T I C E D I V I S I O N RICK PERRY' G( IVERNOR Mr George K Noe Cit% Manager (Corpus Christi, Cue 01 Post Office Box 9277 Corpus Christi, Texas 78469 Dear NIr. Noe I am pleased to inform you that Governor Rick Perry has approved you] application for award- This year, the Governor's Criminal Justice Division (CJD) has streamlined the grant award notice procedure The enclosed Grant Award Packet, which contains the Statement of Grant Award, Special Conditions and Requirements. Approved Budget Detail, and Grantee Acceptance Notice, represent your official notice of grant award In order to accept your agency's grant, the Authorized Official must complete, verify, and sign the Grantee Acceptance Notice. then tax it to CID at (512) 475 -2440 within 45 days of the award date- uce the grant is properly accepted and all conditions of funding h been met, grantees may request reimbursement for expenditures obligated during the grant period hs completing a Request for Funds form and submitting it to CJD. CJD will also email Expenditure Reports to the financial officer or a designated alternate financial contact person at the end of each calendar quarter_ The reports are due hack to CJD by the date specified on the report The Public Policy Research Institute (PPRI) at I exas AKM University will send a detailed information packet to the Project Director containing progress reporting forms and instructions on completing and submitting those forms. fhe Governor's websile, http. /hyts w.governor state t x us/divisions/cid. provides general information needed to properly administer CJD grunts and offers links to CJD documents_ forms and resources such as - Texas Administrative Code (LAC) - Uniform Grant Management Standards IUGMS) - Office of Justice Programs (OJP) Financial Guide — Not applicable to grants awarded through the Crime Stoppers Assistance Funds, .Sate and Drug -Free Schools and Communities Act, State Criminal Justice Planning Fund. and State Drug Court Program. CJD looks forward to working wnh you to ensure the su Sincerely. Castalliffs. Ken C. Nicolas Executive Director - U.S. Department of Education Administrative Regulation (EDGAR) - Applies to Safe and Drug -Free Schools and Communities Act grants only - Federal and state agency home pages - Grant program descriptions and funding information - Regional Councils of Governments contact information - CJD Request for funds Fonn, Expenditure Report Instructions and other important information ss of your program. POST OFFICE BOX 12428 AUSTIN, TEXAS 78711 (512) 463 -1919 (VOICE) / (512) 475 -3165 (TDD) GRANT AWARD PACKET This award packet is the authorized official's notification that the grant described below has been awarded by the Governor. The initial acceptance process is complete once the 'Grantee Acceptance Notice' has been completed, signed and returned to the Criminal Justice Division (CJD). A grantee may not expend CJD funds awarded until this notice is approved by CJD. Please do not change the preprinted information on any of the enclosed forms within the 'Grant Award Packet'. Part I: Statement of Grant Award The grantee agrees to comply with the provisions of the Governor's Criminal Justice Division's rules in Title I, Pan I, Chapter 3, Texas Administrative Code in effect on the date the grant is awarded (as listed below). Grant Number: VA- 05 -V30- 15223 -06 CJD Award: $41,404 Grantee Name: Corpus Christi, City of Grantee Cash Match: $11,959 Project Title: Victims of Crime Act Grantee In Kind Match: $2,800 Grant Period: 07/01/2005 - 06/30/2006 Total Project Cost: $56,163 Program Fund: VA- Victims of Crime Act (VOCA) Fund Date Awarded: Region: Coastal Bend Council of Governments Date Emailed: Part II: Special Conditions and Requirements By signing and submitting the 'Grantee Acceptance Notice' to CJD. the grantee accepts the responsibility for the grant project and agrees with the conditions of grant funding as stated below. The grantee's funds shall be placed on hold until the grantee has satisfied the requirements of the special conditions and requirements. if any, cited below: 7/15/2005 Single Audit Review Required: Entities that expend $500,000 or more in a year in Federal or State awards shall have a single audit conducted in accordance with OMB A -133 and /or UGMS, Single Audit Circular. CJD Contact: Grady, Christina Page 2 of 4 Part III: Approved Budget Detail The approved budget is reflected below. For more detailed information regarding the administration of these funds, please reference the Texas Administrative Code, Subchapter B. General Grant Program Policies, and Subchapter E. Administering Grants. CJD Cash Match In Kind TOTAL A. Personnel: $41,404 $2,790 $2,800 $46,994 B. Contractual: $0 $0 $0 $0 C. Travel: $0 $2,537 $0 $2,537 D. Equipment: 10 $0 50 $0 E. Construction: 50 50 $0 $0 F. Supplies: $0 $6,632 50 $6,632 G. Indirect: $0 50 $0 $0 Total: $41,404 $11,959 $2,800 $56,163 Budget Detail: A. Victim Case Manager 100% of salary CJD Funds $41404 Cash Match $2790 ; In -Kind $0 ; Line Total: $44194 Volunteers CJD Funds $0 Cash Match $0 In -Kind $2800 Line Total: $2800 Total: $46994 C In -state Travel and Training Costs CJD Funds $0 ; Cash Match $1537 ; In -Kind $0 ; Line Total: $1537 Out -of -State Travel and Training Costs ; CJD Funds $0 Cash Match $1000 ; In -Kind $0 ; Line Total: $1000 Total: $2537 F. Office Supplies CJD Funds $0 . Cash Match $2000 ; In -Kind $0 ; Line Total. $2000 Communications Cost ; CJD Funds $0 ; Cash Match $432 ; In -Kind $0 Line Total: $432 Printing Costs -. CJD Funds $0 Cash Match $2000 : In -Kind $0; Line Total: $2000 Postage CJD Funds $0 ; Cash Match $1000 ; In -Kind $0 ; Line Total: $1000 Project Supplies ; CJD Funds 10 : Cash Match $1200 In -Kind $0 Line Total: $1200 Total: $6632 CJD Contact Grady, Chnstina Page 3 of 4 Part IV: Grantee Acceptance Notice Grant Number: Grantee Name: Project Title: VA- 05 -V30- 15223 -06 Corpus Christi. City of Victims of Crime Act CJD Award: $41,404 Grant Period: 07/01/2005 - 06/30/2006 Program Fund: VA- Victims of Crime Act (VOCA) Fund This Acceptance Notice must be signed by the authorized official named on the grant and returned to the Criminal Justice Division (CJD) by 1. I certify that I am authorized by the applicable governing body to accept, decline, alter, or terminate this grant on behalf of the grantee. 2. If the grantee is not a state agency and the current authorized official is not accounted for in the resolution on file at CJD, I certify that a new resolution has been included with the acceptance of this grant or will be submitted prior to the collection of grant funds. 3. I agree to the terms of the grant on behalf of the grantee, including Title 1. Part 1, Chapter 3, Texas Administrative Code and the adoptions by reference therein. 4. I understand that the grantee is obligated to provide applicable match, as required by the terms of the grant. 5. I understand that a violation of any term of the grant may result in CJD placing a temporary hold on grant funds, permanently de- obligating all or part of the grant funds, requiring reimbursement for funds already spent. and /or barring the grantee from receiving future CJD grant funds. 6. 1 understand that grant funds may be withheld until at special conditions placed on this grant are satisfied. 7. 1 understand that each grant official position must be occupied by a different individual. 8. I understand that any of the three grant officials may request adjustments to the grant. 9. 1 understand that CJD must be notified in writing of any grant official change, which must include a sample signature of the new grant official The authorized official for this grant must indicate agreement hr signing the Acceptance Notice. The grantee will not he eligible for any grant funds until this notice is executed and returned to CJD. Signature of Authorized Official Date Verification of Information and Sample Signatures: The grantee must verify all of the grant official's identifying information as listed below. If the information for any of the three officials is incorrect, complete the 'Designation of Grant Officials Change Form' found at http .. / /www.governor.state.tx.us, and return to CJD. YES Select YES if the all of the information below is correct, sign. and return to CJD. NO Select NO if any of the information below is incorrect, use the 'Designation of Grant Officials Change Form' to notify CJD of the updated information ONLY sign. and return both completed forms to CJD. Authorized Official Name: Mr. George K. Noe Position: City Manager Address: Post Office Box 9277 City /StlZip: Corpus Christi, Texas 78469 Phone: (361) 880 -3220 Fax (361) 880 -3839 Email: Georgen(rD.cctexas.com _. --- --- —. —.— — . —. —.— — — — — — —.---.—.—.---.-----.---.—.—.—.--- Proiect Director Name: Chief Pete Alvarez, Jr. Position: Chief of Police Address: Post Office Box 9016, City/St/Zip: Corpus Christi, Texas 78469 Phone: (361) 886-2604 Fax • 886 -2607 Email: �// police cchiefpalvarez(p�yahoo.com a. al.✓ � _ // /W Signa re of Proje ■ recto 'i Date Financial Officer Name: Ms. Constance '. Sanchez Position: Assistant Finance Director Address: Post Office Box 9277, City/St/Zip: Corpus Christi Texas 78469 -9277 Phone: (361) 880-3610 Fax: (361)880 -3601 Email: constancepCoicctexas.com Signature of Financial Officer Date CJD Contact: Grady, Christina Page 4 of 4 ORDINANCE APPROPRIATING $41,404 FROM THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION, IN THE No. 1061 POLICE GRANTS FUND FOR FUNDING AVAILABLE UNDER THE VICTIMS OF CRIME ACT (VOCA) FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $41,404 from the State of Texas, Criminal Justice Division, in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund; and an emergency is declared due to the need for immediate action for efficient and effective administration of City affairs; all for funding the salary and benefits for a Victim Case Manager, along with equipment, training, supplies and mileage for the purpose of providing assistance to those victims who have suffered loss and trauma as a direct result of criminal acts. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this. the day of , 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Legal Form Approved 07//9/, 2005; Ran6y A. Stoneroad Assistant City Attomey TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I /we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Jerry Garcia John Edward Marez Bill Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 07/26/05 AGENDA ITEM: Ordinance appropriating $26,425 of revenue from sale of weapons in Police Department in General Fund 1020 for Police Department purchase of ammunition; amending Operating budget adopted by ordinance 025878 by increasing appropriations by $26,425 ISSUE: Proceeds from the sale of weapons to officers needs to be appropriated in order to spend the monies. BACKGROUND INFORMATION: The Police Department purchased and issued new weapons to all officers in FY 0405. Officers were allowed to purchase their old weapon and the proceeds will be used to purchase ammunition for the new weapon during FY 0506. REQUIRED COUNCIL ACTION: Appropriation of funds. CONCLUSION AND RECOMMENDATION: Staff recommends appropriation. APGarez Chief of Attachments: Police_Sale of Scrap.xls Sale of Scrap/City Property As of July 18, 2005 i Line - Monetary Joumal i Date Litt Acct Organization Amount CSH0001657 2005 -05-27 54 343590 11740 ($23,275.00) 2005-07-15 P ! _ 1 ($3,150.00) iI 1 ($26,425.00)_ Joumal Line Description QHTE CCPMJC 67 Page 1 ORDINANCE APPROPRIATING $26,425 OF REVENUE FROM THE SALE OF OBSOLETE CORPUS CHRISTI POLICE DEPARTMENT (CCPD) WEAPONS IN THE No. 1020 GENERAL FUND FOR THE PURCHASE OF CCPD AMMUNITION, AMENDING THE OPERATING BUDGET ADOPTED BY ORDINANCE 025878 BY INCREASING APPROPRIATIONS BY $26,425; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $26,425 of revenue from the sale of obsolete CCPD weapons be appropriated in the No. 1020 General Fund for the purpose of purchasing CCPD ammunition, that the Operating Budget adopted via Ordinance 025878 be amended by increasing appropriations by $26,425; and that an emergency is declared due to the need for immediate action for efficient and effective administration of City affairs. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this, the day of 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Legal F. o Approved 7/1/ 2005; Randy A. Stoneroad Assistant City Attorney TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, 1/we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Jerry Garcia John Edward Marez Bill Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott 7 AGENDA MEMORANDUM City Council Action Date: July 26, 2005 AGENDA ITEM: A motion authorizing the Director of the Public Health District to execute an agreement with the Texas A & M University System Health Science Center — Coastal Bend Health Education Center to provide community health education for diabetes in the amount of $75,129 in the No. 1066 Health Grants fund for diabetes prevention and management services. ISSUE: The Public Health District, in collaboration with the Coastal Bend Health Education Center (CBHEC) has developed an educational diabetes program for diabetics as well as individuals and family members at risk for diabetes. This project addresses two unmet needs in the local area: 1) lack of prevention education programs and 2) increasing the capacity of existing programs for persons /families with diabetes. The grant period is from April 1, 2005, to March 29, 2006. The Memorandum of Agreement authorizes the Public Health District to subcontract a portion of the services to CBHEC. It outlines responsibilities of both parties and provides a mechanism for reimbursement for services provided. REQUIRED COUNCIL ACTION: Approval of the Memorandum of Agreement attachment. PREVIOUS COUNCIL ACTION: Council approved the Diabetes Grant FY 05 -06 in the amount of $89,782 on March 22, 2005. FUNDING: There is no match funding required by the City. CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the Memorandum of Agreement with the Public Health District and CBHEC for a family - focused community diabetes service project. � nth. cQ. M Pff Annette Rodriguez, WIP.H. Acting Director of Public Health BACKGROUND INFORMATION The Department of State Health Services is supporting a grant in the amount of $89,782 for the Public Health District to provide community health education to family members with "pre- diabetes" disposition and persons at high risk for acquiring diabetes mellitus through education and prevention programs in the Public Health District area. Under this Memorandum of Agreement with the Public Health District, CBHEC would be reimbursed up to $75,129 for approved expenditures for services performed in support of the project. CBHEC will provide diabetes self- management classes, physical activity groups, healthcare provider education, and support groups for eligible participants. The Public Health District will be responsible for providing administrative oversight and program promotion using the remaining $14,653. MEMORANDUM OF AGREEMENT BETWEEN THE CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT AND THE TEXAS A&M UNIVERSITY SYSTEM HEALTH SCIENCE CENTER — COASTAL BEND HEALTH EDUCATION CENTER THIS MEMORANDUM OF AGREEMENT, hereinafter referred to as 'the Agreement", is made by and between the Corpus Christi- Nueces County Public Health District (hereinafter referred to as the "District"), and the Texas A&M University System Health Science Center - Coastal Bend Health Education Center (hereinafter referred to as 'CBHEC"), pursuant to Chapter 791 of the Texas Govemment Code. WHEREAS, the parties desire to agree on terms which will assist in the efficient operation of a family focused diabetes pilot program or programs which are mutually beneficial; NOW, THEREFORE, the parties enter into the following Agreement: ARTICLE 1. — TERM The term of this Agreement begins April 1, 2005 and ends on March 29, 2006. This Agreement shall remain in full force and effect during the above - referenced time period unless property terminated by either party, as provided by this Agreement ARTICLE 2. — PURPOSE The purpose of this Agreement is to provide community health education to family members with °pre - diabetes" and persons at high risk for acquiring diabetes mellitus through education /prevention programs in the Health District area. ARTICLE 3. — SCOPE OF SERVICES A detailed description of the program is found in Attachment A, grant contract CBHEC shall provide four, one -hour educational modules to 12 community organizations as well as a one -day educational program to approximately 460 families. CBHEC shall employ a full time program coordinator and a full -time nurse. CBHEC shall be responsible for the daily operations of the Family Focus Community Diabetes Pilot Project The District will employ a part-time Health Educator as a liaison and assist in promoting the project. This individual will also conduct evaluations on the individuals that are participating as well as conduct administrative oversight of the project. The District will be responsible for reports that are required by the Texas Department of Health and Human Services. ARTICLE 4. — CONTRACT AMOUNT In consideration of the services and agreements herein, the District will pay, to CBHEC the sum of Seventy-Five Thousand One Hundred Twenty-nine and No/100 Dollars ($75,129.00) as funding for this program. See Attachment B for approved expenditures. ARTICLE 5. — PAYMENT FOR SERVICES The District shall pay for services received based upon monthly invoices presented by CBHEC. Any cash receipts collected for these classes will be conducted in a manner suitable with compliance of System policies and will remain property of the Texas A &M University System Health Science Center — Coastal Bend Health Education Center. ARTICLE 6. — TERMINATION This Agreement may be terminated by any the following occurrences: A. By mutual agreement and consent in writing by both parties. B. By either party upon thirty (30) days written notice to the other party. C. By either party upon the failure of the other party to fulfill its obligations as set forth in this Agreement. ARTICLE 7. — AMENDMENTS Any and all changes to this Agreement may be enacted by written amendment or addendum properly executed by the appropriate representative of each party. ARTICLE 8. — ASSIGNMENT Neither party shall assign, sublet, or transfer its interests in this Agreement without the prior written consent of the other party. ARTICLE 9. — LIABILITY AND ENDEMNITY The parties hereto agree, to the extent permitted in accordance to the laws of the State of Texas, to forever release from liability, indemnity, and hold harmless each other for the acts and /or omissions of their respective employees. Specifically, each party agrees, to the extent permitted by law, to fully release, indemnify, and hold harmless the other for the acts and /or omissions of any employee or agent that may violate the terms of this Agreement, or any other state or federal law applicable to, or arising out of, this Agreement. ARTICLE 10. — NOTICES All notices from either party to the other required under this Agreement shall be personally delivered or mailed to such party at the following addresses: For the District: For CBHEC: Annette Rodriguez, M.P.H. Interim Director of Public Health Corpus Christi - Nueces County Public Health District 1702 Horne Road Corpus Christi, Texas 78416 Juan Castro, M.D., M.B.A. Texas A & M Health Science Center Coastal Bend Health Education Center 6300 Ocean Drive, Unit 5861 Corpus Christi, TX 78412 -5861 ARTICLE 11. — APPROPRIATION OF FUNDS The parties agree that the performance of each is subject to the ability of the parties to provide or pay for the services required under this Agreement. The parties acknowledge that this Agreement between them is entered into in accordance with the Interlocal Cooperation Act, Chapter 791, Texas Government Code. In accordance with said Act, the parties hereto acknowledge that any payments made pursuant to the terms of their Agreement shall be made from current revenues available to the paying party, and any future payments are subject to appropriations. 2 ARTICLE 12. — EQUAL OPPORTUNITY The parties shall provide all services associated with the subject matter of this Agreement in compliance with the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972 (34 C.F.R., Section 106, et seq.), and all other applicable federal and state nondiscrimination statues or laws. ARTICLE 13. LAW GOVERNING AND VENUE The parties agree that the laws governing this Agreement shall be that of the State of Texas and that any disputes arising under this Agreement shall have venue in a State District Court of Nueces County, Texas. ARTICLE 14. — DISPUTE RESOLUTION The dispute resolution process provided for in Chapter 2260 of the Government Code shall be used, as further described herein, by CBHEC and the District to attempt to resolve any claim for breach of contract made by the District: A District's claim for breach of this contract that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, subchapter B, of the Government Code. To initiate the process, the District shall submit written notice, as required by subchapter B, to Barry C. Nelson, Ph.D. Said notice shall specifically state that the provisions of Chapter 2260, subchapter B, are being invoked. A copy of the notice shall also be given to all other representatives of CBHEC and the District otherwise entitled to notice under the parties' contract. Compliance by the District with subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, subchapter C, of the Government Code. The contested case process provided in Chapter 2260, subchapter C, of the Government Code is the District's sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by CBHEC if the parties are unable to resolve their disputes under subparagraph (A) of this paragraph. Compliance with the contested case process provided in subchapter C is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this contract by CBHEC nor any other conduct of any representative of CBHEC relating to the contract shall be considered a waiver of sovereign immunity to suit. The submission, processing and resolution of the District's claim is governed by the published rules adopted by the Office of the Attorney General, pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended. These rules are found at 1 TAC, Ch. 68. Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by the District, in whole or in part. The designated individual responsible on behalf of CBHEC for examining any claim or counterclaim and conducting any negotiations related thereto as required under §2260.052 of H.B. 826 of the 76th Texas Legislature shall be Barry C. Nelson, Ph.D. ARTICLE 15. — FORCE MAJEURE Each party hereto shall be excused from performance hereunder for any period and to the extent that it is prevented from performing any act, in whole or in part, as a result of delays caused by the other party, or an act of God, war, civil disturbance, court order, labor disputes, third party nonperformance, or other cause beyond its reasonable control, including, but not limited to, failures or fluctuations in electrical power, heat, light, air - conditioning, or telecommunications equipment. Such nonperformance shall not be a default or a ground for termination under this Agreement. 3 ARTICLE 16. — CONFIDENTIAL RECORDS AND INFORMATION In the carrying out of the terms of this Agreement, each entity may, from time to time, have access to confidential information and documents pertaining to client participation. Both parties shall not, without written consent, release or disclose to the public or any third party information or records regarding any participant information that is confidential in nature, except to the extent necessary to carry out the terms of this Agreement or in a medical emergency. The parties shall take all reasonably necessary steps to ensure that confidential information and records are viewed only for the permissible uses stated herein. Said information is considered confidential, and shall not be used by either party, or any of its employee, agents or representatives, or anyone acting in concert with those individuals, for private purposes. Both parties acknowledge that the unauthorized release of confidential information or records may subject the individual or party to criminal and civil penalties. Accordingly, each party will educate its employees, agents and representatives regarding the permissible uses of information and records pertaining to participant information. Provider agrees to abide by the requirements of the Family Educational Rights to Privacy Act (F.E.R.P.A. — see 20 U.S.C. 1232g and 34 C.F.R. & 90 et seq.). WHEREAS, the Coastal Bend Health Education Center and the Corpus Christi - Nueces County Public Health District agree to the terms as set forth above, this Agreement shall be effective upon full execution of the Agreement by the proper authorities of each party, after approval by the governing bodies of such entities, if applicable. Executed and dated on this the day of , 2005. CBHEC: THE TEXAS A &M UNIVERSITY SYSTEM HEALTH SCIENCE CENTER COASTAL BEND HEALTH EDUCATION CENTER $ Barry C. on, Ph.D. Vice Pr ent for Finance and Administration DISTRICT: CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT By: Annette Rodriguez, M.P.H. Interim Director of Public Health 4 DOCUMENT NO. 7460005741 -2006 ATTACHMENT NO. 02 PURCHASE ORDER NO. 0000304678 PERFORMING AGENCY: CORPUS CHRISTI- NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) RECEIVING AGENCY PROGRAM: TEXAS DIABETES PROGRAM TERM: April 01, 2005 THRU: March 29, 2006 SECTION I. SCOPE OF WORK: PERFO(MING AGENCY shall design, implement, and evaluate a Family Focused Community Diabetes Services Project ( FFCDSP), This project shall provide community -based diabetes prevention and management interventions that implement population -based and evidence -based programs and strategies at the community level, and inform and educate community leaders about evidence -based community, systems, and environmental changes that support and impact diabetes primary and secondary preventive measures. This project shall target families in high - risk populations - racial and ethnic minorities who have disproportionate rates and burdens of diabetes arid Limited access to health care. PERFORMING AGENCY shall be responsible for designing, implementing, and evaluating the FFCDSP p reject. PERFORMING AGENCY sb all m eet t he following objectives through the FFCDSP project and shall provide evidence that the FFCDSP project is meeting the following objectives: • Increase opportunities for implementing positive behavior and lifestyle changes (e.g., increased and continuing physical activity and healthy eating) in people who already have diabetes and those who are at risk of developing diabetes; • Increase community, environmental, and systems changes in various community sectors (schools, businesses, faith communities, neighborhoods, health systems and food industry) that facilitate ongoing, increased physical activity and healthy eating among the • general population, especially those with diabetes and "pre- diabetes "; • Institute project strategies or community policy and environmental changes conducive to risk reduction; • Increase public and provider knowledge of the symptoms, risk factors and target goals of diabetes, pre -diabetes and gestational diabetes and the importance of physical activity and healthy eating in preventing and delaying or managing the disease and its complications; and • Increase the knowledge of health care providers, payers, and their patients and implementation of the Texas Diabetes Council's (TDC) Minimum Standards for Diabetes ATTACHMENT — Page 1 Care in Texas and clinical guidelines (providers, payers) and National Diabetes Education Program (NDEP) resources. PERFORMING AGENCY shall establish and/or maintain a broad -based community diabetes coalition that meets at least quarterly for the duration of this project. PERFORMING AGENCY shall develop and submit the following products: • Evidence of quarterly coalition meetings (minutes with attendance rosters); • A program description in a format specified by RECEIVING AGENCY Program; • Evaluation data and analysis to be specified by RECEIVING AGENCY Program; and • Any other items agreed upon in Vriting between PERFORMING AGENCY and RECEIVING AGENCY. PERFORMING AGENCY shall have and maintain procedures and tracking tools in a consistent, timely manner to document activities, services, and persons served that are measured in reports. PERFORMING AGENCY also shall fulfill evaluation requirements as specified by RECEIVING AGENCY. PERFORMING AGENCY shall provide evidence through its formative evaluation that PERFORMING AGENCY is meeting project work plan's goals outlined in project's impact and process objectives. PERFORMING AGENCY shah align any health cart system components with the TDC's Minimum Standards of Care. All project interventions shall be consistent with the TDC's strategic plan and RECEIVING AGENCY'S priorities for the health of Texans: fitness through physical activity and nutrition, immunizations, and eliminating health disparities. PERFORMING AGENCY shall comply with all applicable federal and state laws, rules, regulations, standards, and guidelines in effect on the beginning date of this contract Attachment unless amended. PERFORMING AGENCY shall comply with the following: • Texas Health and Safety Code, §12.012 and 103; and • healthy People 2010, United States (1J -S.) Department of Health and Human Services, November, 2000, PEFORMING AGENCY shall perform all activities in accordance with RECEIVING AGENCY Program's Competitive Request for Proposal (RFP), Family- Focused Diabetes Prevention Services Projects, RFP- DIABETES - 0122.1, issued 11/04/2004, any letters or memos with rules, policies or other instructions given to PERFORMING AGENCY, and PERFORMING AGENCY'S objectives, work plan, and detailed budget as approved by RECEIVING AGENCY Program. All of the above named documents are incorporated herein by reference and made a ATTACHMENT — Page 2 SECTION III. BUDGET: PERSONNEL $11,430.00 FRINGE BENEFITS 1,497.00 TRAVEL 1,726.00 EQUIPMENT 0.00 SUPPLIES 0.00 CON TACTUAL 75,129.00 OTHER 0.00 TOTAL Total reimbursements will not exceed 589,782.00. $89,782.00 Financial status reports are due the 30th of July, 30th of October, 30th of January, and the 30th of June. ATTACHMENT — Page 5 Attachment B Approved Budget Salaries 52,727.00 Fri •e 6,907.00 Other 1,495.00 Production cost of video 14,000.00 Total 575,129.00 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 26, 2005 AGENDA ITEM: A Resolution authorizing the City Manager, or the City Manager's designee, to accept a grant from the Texas Department of Health amount of $15,000 in the No. 1067 Federal /State Grant Fund to be used for the Coordinated Community Approach to Promote Wellness (CCAPWeII) to develop a strategic plan to combat Obesity in our community. B. Ordinance appropriating a grant from the Texas Department of Health in the amount of $15.000 in the No. 1067 Federal /State Grants Fund for the Coordinated Community Approach to Promote Wellness (CCAPWeII) ISSUE: The City of Corpus Christi has been awarded a $15,000 grant from the Texas Department of Health. This grant was awarded to one rural community and one urban community. The grant is to continue to develop a strategic plan to combat obesity and other chronic diseases among residents of the community. Once the process is complete the City and the plan will be a model that will be implemented in other cities throughout the state. REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager or his designee to accept and appropriate these funds. FUNDING: Texas Department of Health CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and ordinance. Attachment: Background Information /r,. Sally Gay') ,' Director Parks an. Recreation BACKGROUND INFORMATION In 2000, the Surgeon General addressed the issues of the increasing number of persons, of all ages, who are overweight and obese. In October 2001, the Coastal Bend Health Education Center (CBHEC) convened a networking workshop with the title of Coordinated Community Approach to Promote Wellness (CCAPWeII). The overall purpose of this initial meeting was to obtain information on services provided to address the increasing rate of obesity and diabetes in the Coastal Bend area, and identify steps needed to address these issues. Subsequently, in January 2002, the Texas Cooperative Extension's Family and Consumer Sciences (FCS) advisory Committee evolved into a group which combined its efforts with those of CCAPWeII. In fall of 2002, the CCAPWeII group became re- organized and decided that its focus would be in "preventive health ". The group reviewed the Surgeons General's "Call to Action" and a state plan termed "Strategic Plan for Prevention of Obesity in Texas," and used them as models to develop goals, objectives and actions plans for CCAPWeII in the Coastal Bend. The City of Corpus Christi Park and Recreation Department is an active member of this coalition in an effort to expand its effort in promoting wellness as part of the recreation programs In January 2003, the Texas Department of Health sought two communities in Texas that would represent rural and urban environments for its Community Plan to Prevent Obesity and Other Chronic Diseases Inter -local Grant. The grant funded communities, such as Corpus Christi, will be expected to continue to develop partnerships and infrastructure to plan, implement, and evaluate a community plan to combat obesity and related chronic diseases; complete needs assessment and community surveillance activities, then work with University of Texas staff to incorporate results into the planning process; develop an implementation and evaluation plan along with a timeline for stated activities. Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A GRANT IN THE AMOUNT OF $15,000 IN THE NO. 1067 FEDERAL/STATE GRANT FUND TO BE USED FOR THE COORDINATED COMMUNITY APPROACH TO PROMOTE WELLNESS (CCAPWeII) AND DEVELOP A STRATEGIC PLAN TO COMBAT OBESITY IN OUR COMMUNITY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to accept a grant in the amount of $15,000 in the No. 1067 Federal /State Grant Fund to be used for the Coordinated Community Approach to Promote Wellness (CCAPWeII) and develop a strategic plan to combat obesity in our community. SECTION 2. The City Manager, or designee, may accept, reject, agree to alter the terms and conditions of, or terminate the grant, if awarded to the City. ATTEST: Armando Chapa City Secretary A PR ED: July 22, 2005 oyie Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney H:\ LEG- DIR \OIgaR \DoylelResolu.tion \05.0722 DC -CCAPW ell.Obesity. Grant. Resol.doc CITY OF CORPUS CHRISTI Henry Garrett Mayor Page 2 of 2 Corpus Christi, Texas day of , 2005 The above resolution was passed by the following vote: Henry Garrett. Brent Chesney Melody Cooper Jerry Garcia William Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott HALEG- DIR \OIgaR\ Doyle \Resolu.tion \05.0722DC.CCAPW ell.Obesity.Grant.Resol.doc Page 1 of 2 ORDINANCE APPROPRIATING A GRANT FROM THE TEXAS DEPARTMENT OF HEALTH IN THE AMOUNT OF $15,000 IN THE NO. 1067 FEDERAUSTATE GRANTS FUND FOR THE COORDINATED COMMUNITY APPROACH TO PROMOTE WELLNESS (CCAPWeII) AND DEVELOP A STRATEGIC PLAN TO COMBAT OBESITY IN OUR COMMUNITY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A grant from the Texas Department of Health in the amount of $15,000 is appropriated in the No. 1067 Federal /State grants fund for the Coordinated Community Approach to Promote Wellness (CCAPWeII) and develop a strategic plan to combat obesity in our community. 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 , 2005. ATTEST: Armando Chapa City Secretary Approved 22 July 2005 oyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attomey For City Attorney H:\ LEG- DIR1OIgaR\DOyle\ Ordinance\ 05.0722DC.CCAPW ell.Obesity. Approp.Ord.doc THE CITY OF CORPUS CHRISTI Henry Garrett. Mayor Page 2 of 2 Corpus Christi, Texas day of , 2005. 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, Henry Garrett, Mayor The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia William Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H 1L EG -DIR \Olga R \Doyle \Ordinance\g5.U722DC, CCAPW eIl.Obesity.Approp.Ord. doc 9 CITY COUNCIL AGENDA MEMORANDUM Date: 07/26/05 AGENDA ITEM: Motion authorizing the City Manager or his designee to reinstate the FY2002 Community Development Block Grant agreement with the Westside Business Association, amend the scope of work, and extend the contract term through March 31, 2006. Motion authorizing the City Manager or his designee to execute an amendment to the FY2004 Community Development Block Grant agreement with the Nueces County Community Action Agency to modify the scope of work. Motion to modify the scope of work proposed by the Nueces County Community Action Agency to be completed with FY2005 Community Development Block Grant funds. D. Motion authorizing the City Manager or his designee to execute a subrecipient agreement with the Corpus Christi Police Athletic League for funds provided from the FY2004 Community Development Block Grant Program. E. Motion authorizing the City Manager or his designee to execute a subrecipient agreement with God's Gym for funds provided from the FY2003 Community Development Block Grant Program. ISSUE: Amending scope of work and execution of a Subrecipient agreement in an approved Consolidated Annual Action Plan (CAAP) funded projects requires City Council action and approval. REQUIRED COUNCIL ACTION: That the City Manager or his designee be authorized to amend the scope of work for the FY2002 Community Development Block Grant (CDBG) Westside Business Association agreement and the FY2004 CDBG Nueces County Community Action Agency agreement and modify the FY2005 CDBG Nueces County Community Action Agency project and execute a Subrecipient agreement with the Corpus Christi Police Athletic League (CCPAL) and God's Gym. RECOMMENDATION: Staff cOmmends atSp) oval o the motion as presented. or►bthan Wagner, Co unity Development Administrator ADDITIONAL SUPPORT MATERIAL Background Information Agreement Summary X BACKGROUND INFORMATION PRIOR COUNCIL ACTION A. On May 21, 2002, the City Council adopted the FY2002 Consolidated Annual Action Plan for Community Planning and Development Programs. Included was the approval of the Westside Business Association project (Resolution No. 024887). On April 27, 2004, the City Council adopted its FY2004 Consolidated Annual Action Plan for Community Planning and Development Programs (Resolution No. 025738). Included was the approval of the Nueces County Community Action Agency project. On April 26, 2005, the City Council adopted its FY2005 Consolidated Annual Action Plan for Community Planning and Development Programs (Resolution No. 026237). Included was the approval of the Nueces County Community Action Agency project. On April 27, 2004, the City Council adopted its FY2004 Consolidated Annual Action Plan for Community Planning and Development Programs (Resolution No. 025738). Included was the approval of Corpus Christi Police Athletic League project. On May 20, 2003, the City Council adopted its FY2003 Consolidated Annual Action Plan for Community Planning and Development Programs (Resolution No. 025309). Included was the approval of the God's Gym project. PROJECT BACKGROUND A. Original scope The approved FY2002 CDBG funding of $35,000 for the Westside Business Association (WBA) was to provide for the installation of electrical, irrigation and base for setting art piece to finalize the completion of the Crosstown and Agnes Beautification project. The WBA was contributing $4,000 of capital towards the completion of the project. The contract term ended January 23, 2004. Proposed revised scope The art piece that was originally designated to be located at the Crosstown and Agnes corridor area require a continual maintenance and upkeep which could not be provided by the WBA or the City of Corpus Christi. As a result, the South Texas Institute for the Arts agreed to provide a space for the sculpture at the Antonio E. Garcia Art Center (Center) with the WBA relocating the art piece to the Center which is close proximity to the Crosstown and Agnes corridor area. CDBG funds from the WBA's FY2002 project will be used to complete the installation of the art piece at the Garcia Arts Education Center which will also include all costs associated with the installation of the sculpture and required landscaping. The request is to reinstate and extend the Subrecipient Agreement through March 31, 2006, to complete the CDBG project. Original scope The FY2004 CDBG funding of $80,000 for Nueces County Community Action Agency (NCCAA) provided for: contract labor of the weatherization activity that included weather - stripping, caulking, replacing broken doors and windows and related minor home repairs. Additionally, CDBG funds are often used to build ramps for persons with disabilities. Proposed revised scope NCCAA is proposing to revise the scope of work to include replacing deficient, unserviceable and inefficient water heaters. Additionally, NCCAA is proposing to replace or install smoke alarms and carbon monoxide detectors. For persons with disabilities, NCCAA will repair bathrooms by replacing flooring and commodes, and install rails and grab bars; this includes all labor costs and materials. Original scope The FY2005 CDBG funding of $80,000 for Nueces County Community Action Agency (NCCAA) provided for: contract labor of the weatherization activity that included weather - stripping, caulking, replacing broken doors and windows and related minor home repairs. Additionally, CDBG funds are often used to build ramps for persons with disabilities. Minor improvements to ensure shower stalls and bathrooms were accessible for persons with disabilities were added in FY2005. Proposed revised scope NCCAA is proposing to revise the scope of work to include replacing deficient, unserviceable and inefficient water heaters. Additionally, NCCAA is proposing to replace or install smoke alarms and carbon monoxide detectors. For persons with disabilities, NCCAA will repair bathrooms by replacing flooring and commodes, and install rails and grab bars; this includes all labor costs and materials. Funds provided through the CDBG program will be used in concert with existing federal, state and local funded weatherization programs and will enhance homes which require additional home repairs which are not allowed by other programs under the definition of weatherization. Allowing the minor additional repairs, homes will be more energy efficient and livable. Low - income families will be relieved of excessive energy burdens and provide the residents with a healthy environment. This will provide $87,000 to the Corpus Christi Police Athletic League for lighting and refurbishing of the T.C. Ayers baseball field to allow for after school athletic activities and provide additional safety for the area. E This will provide $40,000 to God's Gym for the installation of an air conditioning system and electrical work at St. Joseph Middle School at 2121 Mary Street. The original location for this project was at the Salvation Army at 1802 Buford Street. However, God's Gym was unable to secure a long -term with the Salvation Army Corporate Office. Long- term leases are considered in order to constitute a permanent interest for a period of 15 years or more. As a result, God's Gym sought an alternate location for their CDBG project and program. God's Gym will be co- housed with the Fighting to Rid Gangs of America at the same location. Corpus Christi Police Athletic League FY2004 CDBG Agreement Summary ALLOCATION: $87,000 - FY2004 CDBG BUDGET: Construction Construction Contingency Subtotal Other Costs. Design (8 %) Topographic Survey (3.5 %) Contract Administration (3 %) Engineering Services (3.5 %) Construction Inspection (3.5 %) Testing (Geotech & Quality) (2 %) Bond Issuance (1 %) Misc. (Printing, Adv, etc) (0 5 %) Subtotal Project Total III SCOPE OF PROJECT: This will provide $87,000 to the Corpus League for lighting and refurbishing of the T.C. Ayers baseball field IV. USE OF FACILITIES To allow for after school athletic activities safety for the area V CONSTRUCTION COMPLETION: December 2005 VI. SUBRECIPIENT'S RESPONSIBILITY: $ 63,273 6,327 $ 69,600 $ 5,568 $ 2,436 $ 2,088 $ 2,436 $ 2,436 $ 1,392 $ 696 $ 348 $ 14,400 $ 87,000 Christi Police Athletic and provide additional a. Provide access to all documents, records related to project b. Furnish all maintenance to facilities c. Acquire and maintain the following insurance coverages: i. Commercial General Liability Insurance including Commercial Form, Premises - Operations, Products /Completed Operations Hazard, Contractual Insurance, Independent Contractors, Broad Form Property Damage and Personal Injury for $1,000,000 Combined Single Limit. The Subrecipient must furnish to the City Risk's Manager, 2 copies of Certificates of insurance, with the City as an Additional Insured for all liability policies, and a blanket waiver of subrogation on all applicable policies, showing the minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. H. Fire and Extended Coverage, at a minimum, amount sufficient to cover the replacement cost of facilities and /or building City to be named as loss payee using standard loss payee clause. Hi. Builders Risk Insurance, full value of any improvements constructed with CDBG Funds provided under this agreement, so long as work remains to be completed on such improvements. d. Comply with local, state and federal requirements e. Provide any additional funds needed for the completion of the improvements VII. TERM: Twelve months, however, Subrecipient will be bound by all covenants, terms and conditions for a one -year period commencing on the date of project completion. VIII. CHANGES AND AMENDMENTS: Modifications which do not change the essential scope and purpose of the agreement may be approved by the City Manager. IX. TERMINATION: In the event that Subrecipient does not meet one of the national objectives of the CDBG program, then Subrecipient will reimburse all CDBG funds for not meeting the national objective. God's Gym FY2003 CDBG Agreement Summary ALLOCATION: $40,000 - FY2003 CDBG 11. BUDGET: Four 7.5 ton A/C Units $ 30,000 Electrical work 6,000 Engineer Services 3,500 Advertisement 500 Project Total $ 40,000 III. SCOPE OF PROJECT: This will provide $40,000 to God's Gym for the installation of an air conditioning system and electrical work at St. Joseph Middle School at 2121 Mary Street. IV. USE OF FACILITIES: For after school and recreational activities V CONSTRUCTION COMPLETION: September 2005 VI SUBRECIPIENT'S RESPONSIBILITY: a. Provide access to all documents, records related to project b. Furnish all maintenance to facilities c. Acquire and maintain the following insurance coverages: i. Commercial General Liability Insurance including Commercial Form, Premises - Operations, Products /Completed Operations Hazard, Contractual Insurance, Independent Contractors, Broad Form Property Damage and Personal Injury for $1,000,000 Combined Single Limit. The Subrecipient must furnish to the City Risk's Manager, 2 copies of Certificates of insurance, with the City as an Additional Insured for all liability policies, and a blanket waiver of subrogation on all applicable policies, showing the minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. H. Fire and Extended Coverage, at a minimum, amount sufficient to cover the replacement cost of facilities and /or building City to be named as loss payee using standard loss payee clause. Hi. Builders Risk Insurance, full value of any improvements constructed with CDBG Funds provided under this agreement, so long as work remains to be completed on such improvements. d. Comply with local, state and federal requirements e. Provide any additional funds needed for the completion of the improvements VII TERM: Twelve months, however, Subrecipient will be bound by all covenants, terms and conditions for a one -year period commencing on the date of project completion. VIII. CHANGES AND AMENDMENTS: Modifications which do not change the essential scope and purpose of the agreement may be approved by the City Manager. X TERMINATION: In the event that Subrecipient does not meet one of the national objectives of the CDBG program, then Subrecipient will reimburse all CDBG funds for not meeting the national objective. 10 AGENDA MEMORANDUM DATE: July 26, 2005 SUBJECT: Health Department Emergency Power Generator (Project 5184) AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with TL Electric of Corpus Christi, Texas in the amount of $57,800.00 for the Health Department Emergency Power Supply project. ISSUE: Improvement to the Health Department Emergency Power Supply is necessary to ensure that essential laboratory and other equipment remains operational in case of power outages. RECOMMENDATION: Approval of the motion as presented. Annette Rodriguez Interim Director of Health Services Attachments: a Additional Information b Bid Tabulation c Preliminary Budget d. Site Map A n ! 2. Escobar, P.E. Di ector of Engineering Services H \HOME \KEVINS \GEN\ HEALTH \EmergencyPower \ConstAW DMemo.doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Health Department Laboratory Emergency Generator (Project #5184). BACKGROUND: The City Health Department has been designated as a critical facility by the Texas Department of Health and Centers for Disease Control. The Department has received a number of grants to install upgraded equipment and facilities. The Health Department needs to be operational during any extended period of electrical service disruption. The current emergency generator powers only certain parts of the Health Department building and is not designed to provide power for extended periods of time. The Health Department needs to be fully operational which require full power to the entire building. The ability to be self sustaining for up to a week is deemed critical by the Texas Department of Health. The Texas Department of Health has made a grant available to install a new emergency generator with required electrical modifications. The generator will be designed to supply full power to all equipment, HVAC, lights and outlets throughout the building. The grant requires the work be complete and the final invoice be submitted by August 31, 2005. A local engineering firm (Stridde and Callins) has determined the size of the generator and that the work can be completed by August 31, 2005. Stridde and Callins was the engineering sub - consultant during the Biohazard Laboratory Project in 2003. The City pre - purchased the emergency generator in order to ensure its timely delivery. PRIOR COUNCIL ACTION: May 10, 2005 a Motion authorizing the City Manager or his designee to accept a Texas Department of Health Grant in the amount of $225,800 for the Health Department Emergency Power Supply project and to execute grant acceptance documents (M2005 -130). b. Ordinance appropriating $225,800.00 from a Texas Department of Health grant into the Health Grants Fund No. 1066 for the Health Department Emergency Power Supply project; amending the Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $225,800; and declaring an emergency (Ordinance No. 06246). June 14 2005 - Motion approving the purchase of one 500 KW emergency generator set from Loftin Equipment Co., of Stafford, Texas for a total of $80,871.15 (M2005 -181). PRIOR ADMINISTRATIVE ACTION: May 12, 2005 — Award of an engineering services contract to Stridde Callins & Associates of Corpus Christi, Texas in the amount of $21,000.00 for the Health Department Emergency Power Supply project. June 6, 2005 - Award of a geotechnical services contract to Kleinfelder or Corpus Christi, Texas the amount of $2,200.00 for the Health Department Emergency Power Supply H \ HOME \KEVINS \GEN\ HEALTH\ EmergencyPower \ConstAwdBackgroundExhA.doc EXHIBIT "A" Page 1 of 2 project. PROJECT: The project includes construction of a new generator foundation, modification of the existing electrical distribution system and circuits, installation of a City furnished generator, automatic transfer switch and remote annunciator. The project provides for the removal of the existing generator and its transportation to the City AnimalNector Control Building. BID INFORMATION: The project was bid as a lump sum base bid. A total of five (5) bids were received and opened on July 20, 2005, with bids ranging from $57,800.00 to $139,600.00 (see Exhibit B - Bid Tabulation). The bid by Scott Electric in the amount of $78,765 was deemed irregular as the bid did not include bidder information required by the specifications. The bid by 2H Electrical Contractor in the amount of $87,438.00 was non - responsive and irregular. The bid bond submitted by 2H Electrical was not executed resulting in the bid being disqualified. The irregularity by Scott Electric and non - responsive bid by 2H Electrical did not affect the rank order to determine award recommendation. TL Electric submitted the low qualified Base Bid in the amount of $57,800.00. The engineer's estimate was $60,000.00. BID RECOMMENDATION: TL Electric is an established company whose principals and employees have eighteen (18) years of experience in projects of this nature, having successfully completed similar projects. TL Electric was established in 1995 as a Corpus Christi electric company. After reviewing the company's capabilities, the City's consultant Stridde Callins & Associates, Inc., and City staff recommend approval of the motion as presented. CONTRACT TERMS: The contract documents specify that all work is to be complete at least ten (10) calendar days prior to August 31, 2005. FUNDING: Funding is available from the Health Grants Fund. EXHIBIT "A" Page 2 of 2 H \ HOME \KEVWS \GEN\ HEALTH\ EmergencyPower \ConstAwdBackgroundExhA.doc N c iy E a w E N o cc E W r BID TABULATION 2H Electrical Contractor P.O. Box 4741 Victoria, TX 77903 I AMOUNT 0 00 co O 00 CO bet r - $87,438.00I UNIT PRICE 0 0 CO n r CO w Scott Electric P.O. Box 1819 C.C., TX 7840315 j AMOUNT O 0 N 0 o o vi b cci w UNIT PRICE 0 0 N N. co r- w TL Electric 3618 Bratton C.C., TX 78413 r Z 7 O E Q o o o o ca E9 o o o o to W UNIT PRICE I 0 0 O O co r a) w HEALTH DEPARTMENT EMERGENCY POWER SUPPLY PROJECT NO. 5184 r E 7 00 00 TOTAL BID O (DESCRIPTION Furnish all labor. materials. tools and necessary equipment and to perform the work required for the subject project at the locations set out by the plans and specifications and in strict accordance with the contract documents. Rabalai P.O. Box 10366 C.C., TX 78460 1- z 7 0 i a $139,600.00 $139,600.00 UNIT PRICE 0 0 0 0 m ai n w C. W. Campbell 802 Cantwell Lane C.C., TX 78408 L AMOUNT o o o a) a) ai 0 00 0 0 co 00 w UNIT PRICE 0 0 O O w ai 00 aft HEALTH DEPARTMENT EMERGENCY POWER SUPPLY PROJECT NO. 5184 r Z 7 00 00 TOTAL BID 0 I DESCRIPTION Furnish all labor, materials, tools and necessary equipment and to perform the work required for the subject project at the locations set out by the plans and specifications and in strict accordance with the contract documents. HEALTH DEPARTMENT EMERGENCY POWER SUPPLY PRELIMINARY BUDGET Project No. 5184 July 26, 2005 Revenues Health Grant Fund 225,800 Available Funds 225,800 Expenditures Emergency Generator 80,871 Construction 57,800 Contingency (25 %) 14,450 A/E (Previously Contracted) 21,000 Geotechnical 2,200 Materials testing /laboratory 3,000 Engineering Reimb. 3,000 Misc. (Printing, Postage, etc.) 5,000 Subtotal 187,321 Exhibit C Page 1 of 1 AGNE . ORR..S ;HRIS1 INTERNATIONAL AIRPORT AGNES PROJECT LOCATION HEALTH CENTER 1702 HORNE RD. CORPUS CHRISTI BAY N it CAYO DEL OSO LOCATION MAP NOT TO SCALE CORPUS CHRISTI HEALTH CENTER FIRE STATION GREENWOOD LIBRARY CITY PROJECT No. 5184 VICINITY MAP NOT TO SCALE EXHIBIT "D" HEALTH DEPARTMENT LABORATORY EMERGENCY GENERATOR CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 07 -19 -2005 - - — war 11 AGENDA MEMORANDUM DATE: July 26, 2005 SUBJECT: J. C. Elliott Landfill - Engineering Services Sector 11 Liner Improvements (Project #5175) Final Cover Phase 3 (Project 5174) AGENDA ITEM: a. Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $1,825,681.90 with Longhorn Excavation, Inc., of Richmond, Texas for the J. C. Elliott Landfill Sector 11 Liner Improvements and Final Cover Installation. b. Motion authorizing the City Manager, or his designee, to execute a materials inspection, testing and laboratory services contract in the amount of $137,596.00 with Kleinfelder of Corpus Christi, Texas for the J. C. Elliott Landfill Sector 11 Liner Improvements and Final Cover Installation. ISSUE: Each disposal area within the J. C. Elliott Landfill consists of a disposal cell /sector with liners, monitoring requirements, leachate and gas collection systems. Construction of the next disposal cell, identified as Sector 11, needs to proceed at this time to assure the cell will be ready when required. RECOMMENDATION: Approval of the motions as presented. ey $apla Director of Solid Waste Services Attachments: a Additional Information b Bid Tabulation c. Preliminary Budget d Site Map C 7 4— 0p/cr e R. Escobar, P.E. irector of Engineering Services H \HOME\KEVINS \GEN \LANDFILL \Sectorl 1 \Const- AWDMemo.doc ADDITIONAL INFORMATION BACKGROUND: The J. C. Elliott Landfill consists of a series of disposal areas that are developed as needed. Landfills have evolved from simple disposal sites with limited improvement into engineered systems providing a high level of environmental protection. Each disposal area within the J. C. Elliott Landfill consists of a disposal cell /sector with liners, monitoring requirements, leachate collection systems, and gas collection systems. The currently -used disposal areas (Sectors 10) will need to have a replacement area available prior to reaching their full capacity. Construction of the next disposal cell, identified as Sector 11, need to proceed at this time to assure that the constructed cell will be ready when required. PRIOR COUNCIL ACTION: March 29, 2005 - Approval of the FY2004 Capital Budget, Ordinance No. 022188. January 18, 2005 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Shiner, Moseley and Associates, Inc. in an amount not to exceed $107,000 for the J. C. Elliott Landfill Sector 11 Liner Improvements (M2005- 019). FUTURE COUNCIL ACTION: Award of contracts for Cefe Valenzuela Landfill including: • geotechnical services; • construction materials testing and laboratory testing services and TCEQ required liner /cover reports; and • construction. PROJECT DESCRIPTION: This project consists of construction of a composite clay and geomembrane liner and leachate collection system on an area of approximately ten (10) acres. The project includes the construction of a north crossing and borrow area and the adjustment of a landfill gas header. BID INFORMATION: The project was bid as two alternate base bids. Base Bid A specified a 45 calendar day completion time for the Sector 11 Liner and a 135 calendar day completion time for the final cover portion of the project or a total of 180 calendar days. Base Bid A also included one alternate bid item allowing the bidders to add or subtract a dollar amount for being permitted to work extended hours until 11:00 p.m. Base Bid B specified a 60 calendar day completion time for the Sector 11 Liner and a 120 calendar day completion time for the final cover portion of the project or a total of 180 calendar days. Exhibit "A" Page 1 of 2 A total of three (3) proposals were received and opened on July 13, 2005, with proposals ranging from $1,825,681.90 to $2,414,014.11 (see Exhibit B - Bid Tabulation). Longhorn Excavators submitted the low bid (Base Bid B) in the amount of $1,825,681.90. Their bid was deemed irregular due to a failure submit all of the Special Provisions A -28, A -29, and A -30 information, as defined in the General Provisions section B -2 -13. However, Longhorn submitted supplemental information in accordance with A -28, A -29, and A -30 by fax that afternoon and sent originals by Fed -Ex the next morning. It is recommended that the irregularity be waived as being in the best interest of the City. The engineer's estimate was $2,768.000.00. Total B Total B BID RECOMMENDATION: Longhorn Excavators is an established company whose principals and employees are experienced with projects of this nature, having successfully completed similar projects. After reviewing the company's capabilities, the City's consultant Shiner, Moseley & Associates, Inc., and City staff recommend that the irregularity in the bid by Longhorn Excavators be waived and that Base Bid B be awarded the construction contract in the amount of $1,825,681.90. CONTRACT TERMS: The contract specifies that the project Sector 11 will be completed first within 60 calendar days. Completion of Sector 11 is anticipated no later than October 2005 and the entire contract be complete by early 2006. FUNDING: Funding is available from Sanitary Landfill CIP Fund. Exhibit "A" Page 2of2 Longhorn Excavators L. D. Kemp Excavators Environmental Specialities $2,414,014.11 ase Bid A $1,893,081.90 $1,870,412.00 ase Bid B $1,825,681.90 $1,862,912.00 $2,313,302.11 BID RECOMMENDATION: Longhorn Excavators is an established company whose principals and employees are experienced with projects of this nature, having successfully completed similar projects. After reviewing the company's capabilities, the City's consultant Shiner, Moseley & Associates, Inc., and City staff recommend that the irregularity in the bid by Longhorn Excavators be waived and that Base Bid B be awarded the construction contract in the amount of $1,825,681.90. CONTRACT TERMS: The contract specifies that the project Sector 11 will be completed first within 60 calendar days. Completion of Sector 11 is anticipated no later than October 2005 and the entire contract be complete by early 2006. FUNDING: Funding is available from Sanitary Landfill CIP Fund. Exhibit "A" Page 2of2 TABULATION 0 ENGINEERING -CITY 0 cl Environment, Spee• w 9,1r A 3100 S 95,000.00 5 195840.00 5 28,249 00 5 239,85000 ( 45,562.00 ) ( ) 5 44.478.00 ! F. \ n / ` 0 | el \) IS \ \ \ . \ \ \ \ \ \ \ ((2 \ f $ 95,000.00 5 122 400.00 21 320 00 $ 25015 133 250 00 I-5 181 220 00 E 93.275001 CE 5,30000 . 1 00000'91 5 , 5 5.250 00 r f : i ± r ) . 4 . ( . \ . ( . ( . . (� . 3 C. ELLIOTT LANDFILL SECTOR 11 LINER IMPROVEMENTS 6 FINAL rn 6ds ' COVER SYSTEM INSTALLATION, PHASE 3 (yp �p (City Project No. 5174, 5176) BASE BID E ! & le 00000'08 5 5 162.000 00 2 2 8 I5 4567100 E 74,087.00 $ 19,50000 48 000 00 FF 5 6,800 00 $ 15,000 00 ( $ 30,000 00 $ 5.250.00 . • 5 (32,400001 | CY 15 225 = } , } 352 ` } , ` $ 7500.00 $ 12,000 00 8 30,000 00 5 (32,400.00) } ,, : . } \ / ! \ : } ) [ ] Smooth HOPE Geomembrane Liner 'noon 42400 campble in place per Square Yard Textured HDPE Geomembrane Liner (slopes! 1 10900 complete In place per Square Yard _ [ ) [ . _ Mobilization (Demobilization Sector Excavation complete In place per Cubic Yard Final Excavation and Grading omplete in place per Square Yard -- \ ii - : I2 -Foot Protective Cover omplete m place per Square Yard - I6 -Inch Dia. Perforated HDPE Pipe complete in place per Linear Foot Gravel Backfll 6 Geolexlile for Leachate Trench complete in place per Linear Foot 18 -Inch Dia. HOPE Sump Pipe Line complete in place per Linear Foot Concrete Headwall complete in place per LUMP Sum Gravel Backfll) 6 Geotextile for Sumps complete in place per Lump Sum Submersible Sump Pump complete In place per Lump Sum ° !; �- 4 -Inch Dia. HDPE Leachate Force Main from Sector 10 to Sector 11 complete in place per Linear Foot U1 S | 1 E # | | ADDITIVE ALTERNATE 41 Contractor shall provide a Lump Sum adjustment t0 the priced for Base Bid A, Part A based upon the allowance for use of extended working hours for this phase of the work, extended working hours will be from 6 a.m. to 11 p m., se days per week (see Special Provision A-50 Amended 'Working Hours') complete In place per Lump Sum :$ | § § \ 2! ; \ § '4 ! ; } I I ! l \ ; } I } } \ } } < )) 0 8 31 §} a la | /$\ i 41 15 36 000 00 . . . . . $ 29 568 00 E 127.732 05 , . rn 8- f 20,032.30 ,/ E 3,800.001 $ 44.426 13 , 5 57,600.00 22,330 00 $ 2049000 $ 2.200.00 1,440 00 777 Envitonmi L D Kamp Excavating, Inc. Min Fort Worth, TxTeue eaein �. ( . . . , . . . . ( . . . . . - - ! - ! « / k || /! I $ 50 000.00 0 50.000 00 $ 1 000 00 : $ 14.500.00 $ 43 68000 S 153 459 00 112.837,50 S 94 842 00 $ 50.800 00 S. 50.000 00 ~, $ 4 400.00 2500.00 , $ 5570.0ri E 32.000.00 $ 4,07000 22,000 00 5 2,75000 \ `) 2 300 00 $ 4 55 FT 36,72000 E 310 A \ - : ._° 5897600 $ 3.30 $ 78 100 00 s 4 00 $ 7.500 00 $ 10 000.00 E 12,000.00 $ 5.50 $ 3.750.00 $ 10 00 1 5 3465000 $ 2.10000 • $ 10.000 00 $ 5,590 00 $ 34,56000$ 250 $ 462000 $ 185 $ 33,000 00 5 1000 $ 4,400 00 l 5 1.25 I \ : .;kE . \ .#, \, . . \�/ z),!i E ,: _ L$ 725000 d 500 00 $ 45 024 00 . § so '.00000 $ 240 E 3 00 $ 1 500 00 1500 $ 15 00 $ 1 650 00 $ 10,000.00' 2 , J.C. SWOT LANDFILL SECTOR 11 LINER IMPROVEMENTS & FINAL COVER SYSTEM INSTALLATION. PHASE 3 (City Project No. 5114x1]5) SASE RIO : , _ _ _ :| I ) : . }I 1 : : : i § § § ; nu ` ( _- \ \ / General Backf'll and Finish Grading complete in place per Acre Woven /Non Woven Needled Punched Geosynthetic Clay Liner complete in place per Square Yard Non-Reinforced Geosynlhelic Clay Liner -- complete In place per Square Yard Textured 40 -mil LLOPE Geomembrane complete in piece per Square Yard Smooth 40-mil LLDPE Geomembrane complete In place per Square Yard Drainage Geocemposite complete In place per Square Yard I18 -Inch Protective Soil Cover Lgomplete in place per Cubic Yard Topsoil (7 -inch thick) 'complete in place per Cubic Yard Regrade Low Areas of Old Landfill complete in place per Acre Drainage Berms complete in place per Linear Foot Drainage Trench complete in place per Linear Foot Seeding and Erosion complete in place per Acre Stommater Pollution Prevention Plan complete in place per Lump Sum Compacted Clay Liner coin. .te in •lace ••r Square Vard Remove Existing Leachate Force Main com•lete in •lace •er Linear Foot New 4' HOPE Leachate Force Main cam• ete In •lace •er Linear Foot Trench Safety c en •late In .lace •er Linear Foot Traffic Control Plan complete in place per Lump Sum Z § |\ | % , _ _ , _ _ , : _ , _ . : , _ , , , an . an , an , , , _ : on y \§ TABULATION OF BIDS DEPARTMENT OF ENGINEERING-CITY OF CORPUS CHRIST. TEXAS Et ! $ { q § 88 ! ) & \ \ } ! t 55 142 50 ., . \ /§ . - - . - . . . } , \ \ \ § I.- ;r Go00e'OZIS I of IS ; . \ 53.001 0121.20000 r . } r \ ! ( } \ ; ; ; vs ; - . > . \ . ! \ Q. { I ( /\ ■() l : . . - . 0]4 oe7 00 . . . . 4: . : | ! )§ ; 32 70 . . . . \ / 31500001 . . " J.C. ELLIOTT LANDFILL SECTOR 11 LINER IMPROVEMENTS & FINAL COVER SYSTEM INSTALLATION, PHASE 3 (City Project No. 5114, 5115) BASE BID ! ( \ ) _ : = r : : ! : : ! : : : . ) \ ) \ \ ! ! : - : BASE BID &PART ALNER MIPROVEMENIS (60 DAYS) Mobilization IDemobllization Sector Excavation } f / Final Excavation and Grading complete in place per Square Yard 2 -Foot Clay Liner complete in dace per Square Yard Smooth HDPE Geomembrane Liner (floor) complete in place per Square Yard Textured HDPE Geomembrane Liner (slopes) . / ` / 2 -Fool Protective Cover 5 \ 6-Inch 0.e. Perforated HDPE Pipe complete in place per Linear Foot Gravel Beckfill S Geotexlile for Leachate Trench complete in place per Linear Foot \ &{ 9f 8 .{ ! $ \ )k )|$ / �{ / Sump Pump Electncal Supply complete In place per Linear Foot 4-Inch Dia.HDPE Leachate Force Main from Sector 10 to Sector II - compete In place per Linear Foot � ■ ;; ; ; ; '4 I ! ! / / \ . j !! „ TABULATION OF BIDS DEPARTMENT OF ENGINEERING-CITY OF CORPUS CHRISTI TEXAS v , . w w� ,..„ 520,032.30 557,600 00 522,330.00 ,.. 4, . 4 4 I !I I wl»II w 1w 1lJ I tt _ _ _ 514 500.00 o o „„D 0 $194,842 00 w 510 00000 550.000 00 55.50 ' 54 400.00 » 4. 0 51 25 '� 52]50.00 xS .,.:� C w ww l Im I Lag 3 FM'2759 k y.d t J C. ELLIOTT LANDFILL SECTOR 11 LINER IMPROVEMENTS A FINAL 9851: FM'3)59 koad COVER SYSTEM INSTALLATION, PHASE 3 RSa(253,J *VOO 99 (City Project No. 5174, 5175) BASE BID (2/17PY9T -8100_ /Sxlr: I OweaSAahn... I Qt' ithritel UnttBIC _ L_._ Total S58 1 140,000 00 » 530,720 00 5127.280 70 $7 500 00 w $34,56000 IiI 54,400.00 u w AC I 51,000 00 0 w L 2 2 m O . w 0 iw •9 SY 5270 III i n == u 0 u � 48 W= ° co E < Nu vE 63 (General Backfill and Finish Grading 17 5 < u E 3 , a n °- m W zL 3^ Vo 'E 38 Non- Reinforced Geosynlhetic Clay Liner : 45'35 w10 • !'111F 11 omplele in place per Square Yard Smooth 40-mil LLDPE Geome brans complete I n place per Square Y a r d Drainage Geocomposile Icomplete in place Per Square yard __ 1 h19 -Inch Protective Son Cover q U Y _ v a E 8 _D c (7-inch thick) complete mplete place per Cubic Yard Regrade Low Areas of Old Landfill Q y o E 8 m ! u= VI EE 03 vm qg EE 08 (Seeding and Erosion Iomplete in place per Acre Stomreater Pollution Prevention Plan E _ v u E 3 Compacted Clay Liner complete in place per Square Yard Remove Existing Leachate Force Main complete in place per Linear Foot - — — New 4' HDPE Leachale Force Main complete in place per Linear Foot 2 r Icomplele in place per Linear Foot Traffic Control Plan complete in place per Lump Sum Wi yq y T 2 .4 y� SyY it G �- k N 4 H Q m19 m10 m mHI :11m m11 m1m 111m mIP 87 J. C. Elliott Landfill Expansion Sector 11 Liner Improvements and Final Cover Phase 3 Preliminary Project Budget July 26, 2005 FUNDS AVAILABLE: Public Health and Safety Bond Funds $2,191,817.90 Total $2,191,817.90 FUNDS REQUIRED: Construction Contract $ 1,825,681.90 Project Contingency (6 %) $ 109,540.00 QA/QC Testing Contract $ 137,596.00 Engineering Design /Permit (Shiner, Moseley) $ 107,000.00 Construction Inspection (in A/E contract) $ -0- Survey (in A/E contract) $ -0- Engineering Project Liaison $ 4,000.00 Incidental Expenses (Printing, Advertising, etc.) $ 8 000.00 TOTAL $ 2,191,817.90 Exhibit C Page 1 of 1 ..., OjcCt .LOUnotlex!Hb) S Vexhb - 4.dwg FINAL COVER PHASE 3 SECTOR 11 LINER IMPROVEMENTS LOCATION MAP NOT TO SCALE CITY PROJECT No. 5174/5175 EXHIBIT "D" J.C. ELLIOTT LANDFILL -FINAL COVER PHASE 3 & SECTOR 11 LINER IMPROVEMENTS CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 07 -26 -2005 WIMP eiM mr 12 AGENDA MEMORANDUM City Council Action Date: July 26, 2005 SUBJECT: McKinzie Road Utility Relocation, Phase 2 (Equistar to Haven Drive) (Project No. 6239) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to King Isles Inc. of Corpus Christi, Texas, in the amount of $319,112 for the McKinzie Road Utility Relocation, Phase 2 (Equistar to Haven Drive). ISSUE: TxDOT will be widening McKinzie Road from Hwy. 44 to Haven Street in the near future. As part of their infrastructure improvements and long -term planning —as well as to comply with TxDOT's requirements - -the City has to relocate all of the utilities within the existing right -of -way onto the new right -of -way. The City has acquired an additional 15 -foot wide utility easement paralleling the new McKinzie Road right -of -way to relocate the force main and for future use. The project has bid and is ready for construction. Council approval is required to complete the project. FUNDING: Funding is available from the FY 2004 -2005 Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wastewater Services 1 ��duardo Garana, P.E. Director of Water Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map HN-10MENRechstiNGEMSUeata16239ConctNaionNeenCa Mernadec p a 1/4vec- g oI R. Escobar, P.E. irector of Engineering Services BACKGROUND INFORMATION SUBJECT: McKinzie Road Utility Relocation, Phase 2 (Project No. 6239) PRIOR COUNCIL ACTION: 1. August 25, 1992 — City 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. (Resolution No. 021461) 2. June 8. 1993 — Motion authorizing the acquisition of Parcels 2, 2b, and 6 located at the intersection of McKinzie Road and Leopard Street, and McKinzie Road and Up River Road from Charter Bank Northwest for $72,000 in connection with the McKinzie Road Street Improvements Project. (Motion No. M93 -176) 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 Drive to McKinzie Lane (entrance to Castle River Subdivision). (Ordinance No. 021761) 4. November 16, 2004 — Motion authorizing the City Manager or his designee to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $0 for the McKinzie Road Widening Project. (Motion No. 2004 -426) 5. December 14, 2004 - Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Maverick Engineering Inc. in the amount of $44,573 for a total restated fee of $69,549 for the McKinzie Road Utility Relocation Project. (Motion No. 2004 -442) PRIOR ADMINISTRATIVE ACTION: 1. October 26, 2004 — Administrative approval of a small agreement for architect/engineer consultant services with Maverick Engineering Inc. in the amount of $24,976 for hydro - excavation for the McKinzie Road Utility Relocation Project. PROJECT BACKGROUND: On June 22, 1992, the Texas Transportation Commission's Minute Order No. 101085 designated the extension of McKinzie Road from 2.6 miles south of IH -37 to IH -37 as part of the State Highway System as Farm to Market Road 3386. Phase 1 of the McKinzie Road improvements was completed in June 1996. The scope of work for Phase 2, which will also be overseen by the Texas Department of Transportation (TXDOT), consists of the construction of two 12 -foot travel lanes with 10 -foot shoulders. The City's participation in the McKinzie Road widening project consists of providing the necessary right -of -way and any utility adjustments or relocations. PROJECT DESCRIPTION: The project consists of installing approximately 5,860 linear feet of 8" PVC sanitary sewer force main and approximately 530 linear feet of 12" PVC waterline; approximately 289 linear feet of 16" steel casing and approximately 80 linear feet of 30" steel casing; and associated HMAC pavement repairs. HAHOMBRazhMN`.GEMSlreels`62391Ca sbuctionAge"Ee BeckgrOUnd.doc EXHIBIT "A" Page 1 of 2 BID INFORMATION: The City received proposals from five bidders on July 13, 2005 (see Exhibit "B" Bid Tabulation). The engineer's estimated construction cost is as follows: • Part A — Sanitary Sewer Improvements: $373,667.00 • Part B — Waterline Improvements: $87,440.00 TOTAL CONSTRUCTION ESTIMATE: $461,107.00 The bids range from $319,112.00 ($252,772 +$66,340) to $400,056.50 ($326,583+ $73,473.50). The consultant (Maverick Engineering Inc.) and City staff recommend that the construction contract be awarded in the amount of $319,112 for the total of Base Bid Part A and Part B. CONTRACT TERMS: The contract specifies that the project will be completed in 90 calendar days with completion anticipated by November 2005. H'WOMER cb Sle \OEMStreets■8239\Construction.A onda Backpround.doc EXHIBIT "A" Page 2 of 2 COASTAL RESOURCES, LTD. P.O. DRAWER E CORPUS CHRIST, TX 78469 8 ci§&§§. 8 w 8 w 8 8« 8 8 U 8 E 8 8 ? A 8 kk§.§..';§...ki w 8 a 8 w 8 Di 8 $ 8 8 8 5 8 5 8 8 aN p8 N p8o m N p8 8 N p8 f0 N 8 n N 5 Q8 `Y w p8 O 10 w O8 8 p8 b 8 N {8 m Vl o8y N CCC"III it a BIG STATE EXCAVATION 15681 KUYKENDAHL 5280 HOUSTON, TX 77090 F, L SANITARY SEWER IMPROVEMENTS 8 {rya N WN 8 § ^N 8 § a 8 § K 8 g� N 8 N4 a 8 § W 8 1 8 §. N 8 a 8 N3. N 8 R 4 8 p0 a 8 3 w 8 i q 8 i a Lf Z 8 3 N p 8 N w $150.001 G 8 w O O8 O) w 5150.00 p 8 8 Y) O 8 8 WN p 8 8 C p O8 O Jy O 8 N w p 8 p 8 tV w p 8 a a p 8 H 1.351 g E o CC N /PVI 4 U 7 a G 8 f p 8 m 512,000.00 p $8j 3 $ ' 512,000.001 p 8 s i4 p 8 O a pW 8 O w p 8 n pN 8 W inn p 8 p 8 p t7 E. u p 8 On N 8 r LS p 8 3 O8 yW 6 r S 6 8m N 8 N w 8 N w p 8 N w 8 N w 5150.00 8 1p IVOI 8 m fW0 8 8 8 Va 8 N 1I1 $ (q 8 ^ {V V 8 Vmi x DMB CONSTRUCTION INC. P.O. BOX 71118 CORPUS CHRIST, TX 78467 V1 p E $ Y M 8 w 8 8$ N 8 8 N 56686.00 $11,770.001 8 0 N 54,805.201 8 a 'o , N S N e tV N n co w w 2 w m n 8 8 8 8 2 w 8 m 4 $ 10140-ISLES INC. 1141 GOLDSTON ROAD CORPUS CHRIST,TX 78109 i < g8 p3 Y_ N 5 8 g PS 5 8 2V5 N ¢ 8 2m5 q p 8 g Di 8 g f� 8 8 Q 8 g LY 8 1 8 (V W 8 8 'e 8 o N 8 8+ id H 8 INNN; M tli 8 £% 8 8 8 8 8 8 8 w 8 8 8 8 8 r 8 8 8 8 8 A McKINZIE ROAD UTILITY RELOCATION PHASE 2 PROJECT NO. 6239/7044/13015 7 J J J J J Q Q 6 6 N J V < W Q O O o p N r (V N m m 0 Y € W P.V.0 FORCE MAIN (COMPLETE IN PLACE) 46' STEEL CASING 41 (0.5' THK) (COMPLETE IN PLACE) 16' STEEL CASING 42 (0.5' THK) (COMPLETE IN PLACE) 16' STEEL CASING 43 (0.5' THK) (COMPLETE IN PLACE) 16' STEEL CASING 44 (0.5' THK) (COMPLETE IN PLACE) 16' STEEL CASING 45 INCLUDES WELDING TO EXIST. CASING (0.5' THK) (COMPLETE IN PLACE) 8' 45° D.I. BEND (COMPLETE IN PLACE) 8' 90° D.I. BEND (COMPLETE IN PLACE) W TIE IN CONNECTION (COMPLETE IN PLACE) W LL ASPHALT PAVEMENT REPAIR (COMPLETE IN PLACE1 i W Uz_ i PLOWABLE GROUT MATERIAL (COMPLETE IN 1 2' AIR RELEASE VALVE ASSEMBLY WITH 5' DIA. MANHOLE (COMPLETE IN PLACE) i I= 1 i 4 4 4 ^a 4 i a i a :(1 3-E i C 2 C a W (2 W O EXHIBIT 'B" Page 1 of 2 8 gs 8 z 0 J 2 0 2 1 COASTAL RESOURCES, LTD. P.O. DRAWER E CORPUS CHRISTI, TX 78469 I: WATERLINE IMPROVEMENTS 8 $ 3 8 N w 8 A w 8 g 8 o w cm 8 o is 8 O w 8 N a 8 w 8 1 8 $ 8 n 51,475.001 8$ q w y 8 o 8 » 8 & a m t F 8 8 w 8 8 8 8 8 a 8 D 8 W 8 8 8 8 W 8 $1.25 8 BIG STATE EXCAVATION 15531 KUVIENOMIL 6280 HOUSTON, TX 77090 8 8 8 8 8 w 8 a 8 a 8 t2 g 8 g 8 51,400.001 8 a 8 d 8 8 a 8 a» 8 qu 6 g8g i/. 88 25 w 8 Q 8 25 w 8 w 8 Q 8Q �S $1,700.001 gy8 A 8 � 8 3 8 a 8 8 w 8 8 w JHABORES CONSTRUCTION 4845 ARLENE DR. CORPUS CHRISTI, TX 78411 AMOUNT 8 $m. g 8 N W 8 N 8 {_ q 8 m. W 8 QQ. ryQ. 8 8 {om 8 p�. M $757 01 8 eQ�. Vi 8 N Vp! 8 . (7 Vpi 8 . (p+� fpA 8 a 2 8 W; 8 to. p N 8 C4 N V p f 8 w 51,250.00 pW 8 ym c'K 53,714.00 5145.00 pW 8 m pm 8 0 2 a pq W p p p W OMB CONSTRUCTION INC. P.O. BOX 71118 CORPUS CHRISTI, TX 78467 AMOUNT $ n si 8 W 8 8 m$ W W 8 8 H W 8 W 8 imp 8 (me R 8 N 8 m $11,832.04 W 8 No m m0 W Fm �r w m R F 2 M (V 51,478.00 V1p0 1 O W (7 t7t $ IR 2 N 2 8 n n W KING4SLES INC. 1641 GOLOSTON ROAD CORPUS CHRISTI,TX 78109 f 8 a 8 2 8 8 8R� S 8 n 8 5 8 § is Q 8Q S 8 8 51,200.001 51,200.00 58 F_ a 8 a 8 w 8 & a $66,340.00 8 '.f 6 9 {88� N 8 8 0 y8� l7 88 O y W a m as "C N W IA 8 N. 8 N. 19 W YNI E hU w Sa uu, a I J QW W aw W W J J W Qw W Q W Qwa W J W W U w TOTAL (PART A + PARTS) C f N m N N N '- N '- '- N pJ [7 N 6 a 2 j n ,6' GATE VALVE & COVER (COMPLETE IN PLACE) 8' 45° D.I. BEND (COMPLETE IN PLACE) n z U z w 1- 16' STEEL CASING 64 (0.5' THK) (COMPLETE IN PLACE) 12' DIA PVC WATERLINE (COMPLETE IN PLACE) w z w S 1 0 Q 12' GATE VALVE 8 COVERSCOMPLETE IN PLACE) 12' x 8' TEE (COMPLETE IN PLACE) _ J w u i m O 12' PLUG (COMPLETE IN PLACE) 12' TIE -IN CONNECTION (COMPLETE IN PLACE) 12' x 12' TAPPING SLEEVE (COMPLETE IN PLACE. _ 1 JJI FLOWABLE GROUT MATERIAL (COMPLETE IN PLACE' TRENCH SAFETY FOR WATERLINE (COMPLETE IN (PLACE) ASPHALT PAVEMENT REPAIRS (COMPELETE IN PLACE) TOTAL WATERLINE IMPROVEMENT COST: m `2 8 2 8 2 m 8 m O m m N m m m t o'o m m m m EXHIBIT "B" Page 2 of 2 PROJECT BUDGET McKinzie Road Utility Relocation, Phase 2 (Equistar to Haven Drive) (Project No. 6239) FUNDS AVAILABLE: July 26, 2005 Wastewater CIP Water CIP TOTAL $438,661.00 $112,813.00 $551,474.00 FUNDS REQUIRED: Construction (King Isles Inc.) $252,772.00 $66,340.00 $319,112.00 Contingencies (10 %) 25,529.00 6,382.00 31,911.00 Professional Services (Maverick Engineering Inc.) 50,139.00 12,535.00 62,674.00 Engineering Reimbursements 40,246.00 10,062.00 50,308.00 Land Acquisition 60,453.00 15,113.00 75,566.00 Construction Inspection Activity 8,807.00 2,202.00 11,009.00 Misc. (Printing, Advertising, etc.) 715.00 179.00 894.00 Total... $438,661.00 $112,813.00 $551,474.00 H wo1.E'R Ie #GEMSheeake23NC « nf",cbontProje i aMpet EXHIBIT "C" Page 1 of 1 Pie \ Mproject \councilexhibits \exh6239.dwg <F0,0 44.a sT a -- TO ROUSTOWN CITY PROJECT No. 6239 McKINZIE RD (FM 3386) VICINITY MAP NOT TO SCALE HWY 44 TO C. C EXHIBIT "D" McKINZIE ROAD UTILITY RELOCATION, PHASE 2 CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 07 -18 -2005 MOW l■ 13 CITY COUNCIL AGENDA MEMORANDUM July 26, 2005 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Right of Way and Utility Easement instrument with Patricia Wallace, Trustee #2, for the acquisition of Parcel 502B in the total amount of $41,000, containing a Utility, Right of Way, and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 5, Project #8391, and for other municipal purposes. ISSUE: Acquisition of right -of -way for the Southside Water Transmission Main, Phase 5 is underway along the route shown on the attached Exhibit C. This phase will extend the water main from the Rodd Field Road and Yorktown Boulevard intersection southeasterly to the Laguna Madre. On December 17, 2002, City Council approved an engineering services contract with Urban Engineering for permitting, design and acquisition of the required right -of -way. The City's sub - contractor, Right of Way Services, Inc., has acquired Parcel 502B from the landowner, Patricia Wallace, Trustee, in the total amount of $41,000. Expenditures exceeding $25,000 require City Council approval. FUNDING: Water CIP 550701 - 4475 - 00000 - 180184 RECOMMENDATION: Approval of the motion as presented. Attachments: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Background Information Prior Council Action Route Map Parcel Location Map ra-4,4-/ 74' /cr Angel R. Escobar, P. E. Director of Engineering Services H: \HOME\EUSEBIOG \GENWgenda Items \SS Water Trans.Ph 5.Wallace\Agenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Southside Water Transmission Main, Phase 5 Acquisition of Parcel 502B PRIOR COUNCIL ACTION: See Exhibit B FUTURE COUNCIL ACTION: Council will be required to: 1 authorize contracts and expenditure of funds from the Water Capital Projects Fund (Commercial Paper) which exceed $25,000; and 2 authorize the payment of any Special Commissioners' Awards in connection with acquisition of any parcels acquired by condemnation in Phase 5. OVERVIEW: Protect Background: The Council- approved 1997 Water Distribution System Master Plan Update recommended a new Southside Transmission Main from the O.N. Stevens Water Treatment Plant (ONSWTP) to a new pumping plant on South Staples. This new line will alleviate inadequate water supply and pressure problems experienced during peak demand periods in Pressure Zone 2, the area southeast of Everhart Road. In addition, the transmission main is necessary to increase the hydraulic capacity of the delivery system from the ONSWTP to southeast Corpus Christi and eventually to Padre Island. It will be the primary supply source for the Staples Street Pumping Plant. Phases 1 through 3 of the waterline have been constructed which extend the waterline from the O.N. Stevens Water Treatment plant to the South Staples Water Pumping Plant. Construction is near completion for Phases 4 and 4a which will extend the water transmission line from the South Staples plant to Holly Road. Parcel acquisition is currently in progress for Phase 5 as shown on the attached Exhibit C. Parcel Description: Parcel 502B is composed of a right of way and utility easement containing a temporary construction easement all fronting along Yorktown Boulevard as shown on the attached Exhibit D. The easement contains a twenty -five (25) feet wide right of way easement, a fifteen (15) feet wide utility easement, and a variable width temporary construction easement ranging from ten (10) to fifty (50) feet wide. All are parallel to each other and extend a total length of approximately 1982 feet long. The subject property is zoned F -R "Farm Rural" and lies within the city limits of Corpus Christi. Thomas F. Dorsey, MAI, appraised the easements in the total amount of $38,500 based on $17,500 an acre. Parcel Negotiations: Right of Way Services, Inc. (ROWS), the City's acquisition agent, has concluded negotiations with the landowner and they have agreed on an administrative settlement of $41,000. It is in the best interest of the City to settle at this amount in order to avoid a delayed condemnation suit. Since this is an easement acquisition, no title company is required for closing. H: \HOME\EUSEBIOG \GEN\Agenda Items \SS Water Trans.Ph 5.Wallace \Background.doc EXHIBIT A PRIOR COUNCIL ACTION SUBJECT: Southside Transmission Main, Phases 5 Acquisition of Parcel 502B 1 September 9, 1997 - Approval of a motion to amend Section 4 of the Master Water Plan (M97 -246) 2. September 9, 1997 - Approval of amendment of the City of Corpus Christi Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050). 3. December 16, 1997 - Approval of the FY97 -98 Capital Budget (Ord. No. 023174). 4. June 16, 1998 - Award of an engineering services contract in the amount of $706,140 to Urban Engineering for the Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98 -208). 5. September 22, 1998 - Approval of Amendment No. 1 in the amount of $298,505 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main - Stevens Plant to Clarkwood Road project to include the Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir (M98 -327). 6, September 9, 1998 — Approval of a Testing Agreement in the amount of $32,822.65 with Trinity Engineering Co. for testing services for Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98 -328). 7 November 10, 1998 - Approval of the FY98 -99 Capital Budget (Ord. No. 023474). 8 March 23, 1999 - Approval of site selection and authorization to proceed with acquisition (M99 -078). 9. March 23, 1999 - Amendment to the FY98 -99 Capital Budget to revise the scope of the Staples Street Pumping Plant project by accelerating a portion of the South Staples 42" Southside Transmission Main from the proposed Staples Street Pumping Plant to Yorktown Road (Ord. No. 023592). 10. March 23, 1999 - Approval of Amendment No. 3 in the amount of $55,250 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main (Stevens Plant to Clarkwood Road Project): Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir to include related additional engineering services for a 42 -inch waterline from the new pumping plant at South Staples and County Road 43 to the existing 16 -inch waterline near Country Creek (M99 -079). 11. Mav 18, 1999 - Award of purchasing contract to A &H Enterprises for two horizontal split case centrifugal pumps for Staples Street Pumping Plant, Contract 2 (M99- 142). 12. May 25, 1999 - Approval of condemnation proceedings for Parcel No. 1 (Res. M023645). 13. June 22, 1999 - Award of construction contract to Pre -Load, Inc. for Staples Street Pumping Plant, Contract 1 - 7.5 Million Gallon Storage Reservoir (M99 -189). 14. Julv 20, 1999 - Approval of FY99 -00 Capital Budget (Ord. No. 023703). 15. September 28, 1999 - Award of construction contract to Garney Company, Inc. for 42" Waterline from New Pumping Plant at So. Staples and County Road 43 to existing 16" Waterline Near Country Creek for Staples Street Pumping Plant, EXHIBIT B 1 of 3 Contract 4 (M99 -342). 16. October 19, 1999 - Award of construction contract to Lambda Construction for Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99 -361). 17. April 11, 2000 - Approval of acquisition of Parcel No. 21 for $16,535 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000 -106). 18. April 18, 2000 — Authorizing the condemnation of Parcels 19,24,28,29, and 30 in connection with the Southside Transmission Main — Stevens Plant to Clarkwood Road project. (Resolution #024014). 19. September 9, 2000 — Authorizing the condemnation of Parcels 8 and 9 in connection with the Southside Transmission Main — Stevens Plant to Clarkwood Road project. (Resolution #024213). 20. September 19,2000 - Approval of acquisition of Parcels No. 19,24,28,29 and 30 for $55,000 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000 -332). 21. December 12, 2000 — Award of construction contract to Pate & Pate Enterprises for construction of the new 60" waterline in connection with the Southside Transmission Main — Stevens Plant to Clarkwood Road project for a fee not to exceed $8,605,411. (Motion M2000 -434). 22. December 12, 2000 — Award of a testing agreement with Trinity Engineering for testing of the new 60" waterline in connection with the Southside Transmission Main — Stevens Plant to Clarkwood Road project for a fee not to exceed $213,560. (Motion M2000 -435). 23. February 13,2001 — Approval of acquisition of Parcels No. 31a and 31b for $28,291in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000 -060). 24. April 17, 2001 - Motion authorizing the payment of the Special Commissioners' condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located south of Callicoate Estates Unit 4 in connection with the Southside Water Transmission Main project, Phase 1 — O.N. Stevens Plant to Clarkwood. 25. April 24, 2001 — Motion authorizing the City Manager, or his designee, to execute An engineering services contract in the amount of $1,247,003.00 with Urban Engineering for Southside Transmission Main, Phases 2, 2a & 3. (M2001 -162) 26. June 25, 2002 — Motion authorizing the City Manager or his designee to execute an amendment to an engineering services contract with Urban Engineering of Corpus Christi, Texas in the amount of $454,125 for the Southside Water Transmission Main, Phases 2,2a, and 3 and the Southside Gas Transmission Main, Parts B and C. (M2002 -180) 26. December 17, 2002 — Motion authorizing the City Manager of his designee to execute an engineering services contract with Urban Engineering of Corpus Christi, Texas in the amount of $1,824,742 for the Southside Transmission Water Main, Phases 4, 4a, and 5. (M2002 -419) 27. January 14, 2003 — Motion authorizing the City Manager, or his designee, to execute a construction contract with Garney Companies, Ltd., of Kansas City, Missouri, for a total fee not to exceed $15,844,698.58 for the Southside Water Transmission Main, Phases 2, 2a, and 3. (Motion No. 2003 -019) 28. November 11, 2003 — Resolution recognizing the public necessity of acquiring utility and construction easements for the Southside Water Transmission Main project, EXHIBIT B 2 of 3 Phases 4,4a,and 5, for utility and other municipal purposes in connection with said project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring said easements. (Resolution No. 025547 29. March 30, 2004 - Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with Eloy H. Salazar and Ricardo A. Martinez, in the amount of $25,080, for Parcel 406, necessary for the Southside Water Transmission Main, Phase 4, Project, ( #8390), and for other municipal purposes. (Motion No. M2004 -125) 30. April 13, 2004 - Motion authorizing the City Manager or his designee to execute two Utility Easement instruments with Ann Hardy Bratton, Individually and as Independent Executrix of the Estate of Mark P. Bratton, for Parcels 401 and 411, in the total amount of $41,937, both parcels necessary for the Southside Water Transmission Main, Phase 4a, Project, ( #8425), and for other municipal purposes. (Motion No. 2004 -141) 31. May 18, 2004 - Motion authorizing the City Manager or his designee to execute two Utility Easement instruments with Ronald S. Browning, for Parcels 415 and 416, in the total amount of $31,290, both parcels necessary for the Southside Water Transmission Main, Phase 4a, Project, ( #8425), and for other municipal purposes. (Motion No. 2004 -183) 32. June 15, 2004 - Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with Frank T. Shumate, Jr. , for Parcel 402B, in the total amount of $30,000, necessary for the Southside Water Transmission Main, Phase 4, Project 8390, and for other municipal purposes (Motion No. 2004 -217) 33. August 24, 2004 - Motion authorizing payment of the Special Commissioners' condemnation award of $31,505.63 for the acquisition of Parcels 429, 436, and 437, each containing a Utility and Temporary Construction Easement, all located along Rodd Field Road between Wooldridge Road and Saratoga Boulevard, necessary for the Southside Water Transmission Main, Phase 4a, Project #8425, and for other municipal purposes. (Motion No. 2004 -321) 34. October 12, 2004 - Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with L &L Family Partnership, Ltd., for Parcel 428, in the total amount of $35,000, necessary for the Southside Water Transmission Main, Phase 4a, Project #8425, and for other municipal purposes. (Motion No. 2004 -378) 35. December 21, 2004 - Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with COF Construction, L.P. aka COF Corporation, for the acquisition of Parcel 402a in the amount of $48,738, containing both a Utility and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 4, Project #8390, and for other municipal purposes. (Motion No. 2004 -464) 36. July 19, 2005 - Amending Resolution No. 025547 recognizing the public necessity of acquiring utility, right -of -way and construction easements for the Southside Water Transmission Main Project, Phases 5, for utility and other municipal purposes in connection with said project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring said easements; and revising the list of properties along the route due to rerouting of the pipeline at Yorktown Boulevard and Waldron Road. (Reso. No. 026344) H•\HOME \EUSEBIOG \GEN\Agenda Items \SS Water Trans.Ph 5.Wallace \Prior Council Action.doc EXHIBIT 13 3 of 3 mproject \,.vun n \soutntrana l Y4- JG.0 wg a 4- 3 3 0 (_t San Patriclo 'moo o Ls X J W 0 g U < Lai Z CC 0 < (� Q ma Lu co H ti CD ti CO to oes co CO cri Zcl- eo co 1, W W Co w N � Z c W a 2 ti co ti U O 0 Ci) DATE: 03/25/2004 CITY OF CORPUS CHRISTI, TEXAS File \ Mproject \councilexhibits \exh8391.dwg LOCATION MAP Nor ro SCALE LOT 22 PARCEL 5028 LOT 24 VICINITY MAP NOT TO SCALE CITY PROJECT No. 8391 EXHIBIT D SOUTHSIDE WATER TRANSMISSION MAIN PHASE 5 (Parcel 502B) CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 07 -20 -2005 da INIMP HIM !Mt ONO 14 CITY COUNCIL AGENDA MEMORANDUM July 26, 2005 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Change Order No. 5 to a construction contract with Beecroft Construction Co. of Corpus Christi, Texas in the amount of $80,600 for the Business Conference / Meeting Room Build -Out. ISSUE: Airport Staff has identified a currently unused area in the airport terminal that will provide additional meeting and conference space for airport customers and tenants. The area will require a build -out to provide reasonable facilities. BACKGROUND: As part of the Airport's on -going emphasis on customer service, Staff is recommending the build -out of additional meeting and conference space. The currently unfinished space is approximately 985 sq. ft and is located on the second level of the terminal adjacent to the Administration Offices. (see layout map) The recommendation for additional meeting space is the result of identified demand from Airport customers. Airport Staff frequently receive requests for reservation of the existing Airport Conference Room for legal depositions and airline employee training. On several occasions, the Conference Room was not available due to scheduling conflicts. In addition, opportunity exists for a larger marketing strategy in association with the Airport's existing concessionaire, Game Time Restaurant. The strategy could result in additional revenue to the Airport through increased rental and concessionaire fees. The Airport Board approved the recommendation at its July 13, 2005 Meeting REQUIRED COUNCIL ACTION: Approval of Change Order 5 as required for expenditures over $25,000. FUNDING: Available from remaining Series 2000A Bond proceeds Dave Hamrick Director of Aviation X Floor layout Corpus Christi International Airport , 0 d z 3 0 W 0 k u,E: 7 -18 -2005 41i H: \USERS \LeineyG \City Counsel \Conference Room.dwg 07/20/05 08:16 15 CITY COUNCIL AGENDA MEMORANDUM COUNCIL ACTION DATE: July 26, 2005 SUBJECT: PADRE AND MUSTANG ISLANDS INTERLOCAL COOPERATION AGREEMENT Storm Water Master Plan (Project No. 2083) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with Texas A & M University- Corpus Christi in an amount not to exceed $100,000 to develop the necessary LIDAR (Light Imaging Detection and Ranging) mapping for Padre and Mustang Islands for the Storm Water Master Plan Project. ISSUE: The proposed Interlocal Cooperation Agreement with Texas A & M University — Corpus Christi is necessary to prepare the Storm Water Master Plan Contour Map Sheets for Padre and Mustang Islands. This Agreement will provide LIDAR (Light Imaging Detection and Ranging) mapping of Padre and Mustang Islands. The LIDAR data collection will allow for the creation of digital electronic maps that can be used for Storm Water Master Plan Contour Map Sheets and for various coastline and land use studies. FUNDING: Funding is available from the FY 2004 -2005 Storm Water Capital Improvement Budget. RECOMMEND 10 .. Staff recommends approval of the Motion as presented. V.- ie Gray, ' . E. Di : for of Star Water yzyoc Additional Support Material: Exhibit "A" Background Information Exhibit "B" Agreement Summary Exhibit "C" Location Map Exhibit "D" Prior Actions j R. Escobar, P.E. 'rector of Engineering Services HJ. ISERS2 \ HOME \VELMAP \GEN \ DRAINAGE \2083 STORM WATER MASTER PLAN \INTERLOCAL\AGENDA MEMO BACKGROUND INFORMATION SUBJECT: PADRE AND MUSTANG ISLANDS INTERLOCAL COOPERATION AGREEMENT Storm Water Master Plan (Project No. 2083) INTERLOCAL COOPERATION AGREEMENT: The City has coordinated with the Texas Department of Transportation (TXDOT) to develop a Storm Water Master Plan that can be used for highway expansion and continued development of the Padre and Mustang Islands. The City proposes to join with Texas A & M University - Corpus Christi to obtain the LIDAR (Light Imaging Detection and Ranging) data collection of the Padre /Mustang Island Basin, which is approximately twenty -three (23) square miles. The University will use this data to create Digital Elevation Maps (DEM's). The DEM's can be used for various coastal studies and land use applications. The DEM's will also be provided to TXDOT to develop Storm Water Master Plan Contour Map Sheets and storm water outfall requirements. TXDOT is contracting with Goldston Engineering Inc. to design the Storm Water map sheets and outfalls. Upon completion of the design, TXDOT will share this information to the City for acceptance /adoption. The combined efforts result in approximately a 40/60 match with the City and TXDOT. The $100,000 Interlocal Cooperation Agreement is the City's 40% share. AGREEMENT SUMMARY /FEE: An Agreement Summary and summary of fees is attached as Exhibit "B ". PROJECT BACKGROUND: On August 16, 2001 the Storm Water Management Advisory Committee was presented with the Storm Water Master Plan Project and the Committee unanimously recommended the project be presented to the City Council. The project was awarded and initiated with the consultant team of Goldston Engineering, Inc., Don Rodman and Dodson & Associates, Inc. in August, 2001. The background for the Storm Water Master Plan is attached as Exhibit "D ". In April 2005, the City of Corpus Christi, City of Port Aransas and TXDOT met to discuss the future expansion of State Highway 361 and local development in concert with the City of Corpus Christi's Storm Water Master Plan. This meeting identified that it was critical for the City of Corpus Christi's Storm Water Master Plan to include the Map Sheets and proposed outfalls to meet development on the Islands. It was also critical to TXDOT to meet future expansion of State Highway 361. Therefore, it was recommended the City of Corpus Christi and TXDOT consider jointly approaching the project with the City's part to obtain the LIDAR data, and TXDOT's part to complete the design of the storm water outfalls and contour maps. It was also agreed that the tentatively adopted Storm Water Master Plan should be used as the basis of design. ERS2 \HOME \VELMAP \GEN\DRAINAGE\2083 STORM WATER MASTER PLAN \INTERLOCAL\AGENDA BACKGROUND EXHIBIT "A" Page 1 of 3 The City explored various opportunities to complete the LIDAR data collection and proposes to join with TAMUCC to accomplish this effort. TXDOT has initiated contract negotiations with Goldston Engineering to complete the design effort. The Metropolitan Planning Organization (MPO) has also agreed to initiate a technical review of the State Highway 361 Right of Way and proposed schematics to address the Mobility Corridor, Hurricane Evacuation and local traffic conveyance. The need for a Storm Water Master Plan Project became evident as a result of a number of drainage studies for different areas in the approved Storm Water Capital Improvements Program (CIP) for FY 1999 -2000 on July 20, 1999 (Ordinance No. 023703). The City utilizes Master Plans that date back to 1946, 1961, 1970, 1982, and 1988 with inconsistent criteria and without an adopted level of protection policy. As a result the Storm Water Master Plan Project includes the development of a comprehensive, updated, consistent Storm Water Master Plan based on an adopted Storm Water Management Polices with a level of protection responsive to the community. The Storm Water Criteria and Design Manual is based on the storm water policies and level of protection. The Manual is necessary to respond to land use development, environmental issues and to better define and prioritize on -going and future storm water capital improvement projects. PROJECT DESCRIPTION: This project consists of two phases. 1. Phase One will produce Storm Water Management Policies to be included and implemented through the Storm Water Criteria and Design Manual and adopted by Council action. The Manual will include policy statements for storm water management consistent with federal /state regulations and subdivision development, a level of protection and drainage design criteria that reflect the input of the community. 2. Phase Two will develop an updated, consistent Storm Water Master Plan for the City. The Master Plan will consist of map sheets at a scale of 1" = 400 I.f. with two foot contours based on LIDAR (Light Imaging Detection and Ranging) and aerial photography using USGS 1995 digital orthogonal rectified quarter - quadrangle base maps. The map sheets will reflect the results of the hydrologic and hydraulic modeling of the selected areas to include the parameters required for design of future capital improvement projects as well as land use development projects. Amendment 1 allowed Goldston Engineering, Inc. to provide assistance to City Staff for the presentation before Commissioner's Court in February 2003. Amendment No. 2 specifically designates open channel system requirements, augments the storm water master plan map sheets to include Padre and Mustang Island areas, provides additional consultant support, and provides for a Phase Three initial implementation plan. H JSERS2WOME \VELMAP \GEN \ DRAINAGE \2083 STORM WATER MASTER PLAN \INTERLOCAL\AGENDA BACKGROUND EXHIBIT "A" Page 2 of 3 During the development of the Design Criteria and Design Manual (DCDM) it was determined that approximately 450 miles of open channels are anticipated to meet existing and ultimate development. These open channels are identified as "Major" channels that convey runoff from over 500 acres, and "Collector" channels that convey runoff from 200 to 500 acres. The amendment defines engineering effort, topographic requirements for channel location, channel location, size, conveyance requirements, and deliverables. Under the amended Phase Two, the Storm Water Master Plan (SWMP) map sheet boundaries will be increased to include Padre and Mustang Islands within City jurisdiction. Additionally, under Phase 3, twenty -five (25) stream miles of preliminary hydraulic modeling (using HEC -RAS analysis) for the Oso Creek watershed will be performed. Phase Three includes Oso Creek watershed as stated above, consultant support and initial implementation planning as follows: • The Oso Creek modeling includes 25.9 open channel miles as presented in Exhibit A3 of the Amendment. This work will provide an estimate of the water surface elevation and inundation limits for both the existing and ultimate land development conditions (100 -year storm event) allowing the City to plan for proper development. • Consultant support provides for presentations with stakeholder interests to present project information and secure community input to the DCDM and SWMP. • Included is an initial implementation plan for 20 of the 450 miles that identifies required conveyance improvements for designated channels. The reports will be provided in Capital Improvement Program (CIP) format. I ItlUSERS2 \HOME\VELMAP\GEN \DRAINAGE\2083 STORM W Ai ER MASTER PLAN \INTERLOCALWGENDA BACKGROUND EXHIBIT "A" Page 3 of 3 SUMMARY INTERLOCAL AGREEMENT Padre and Mustang Islands Storm Water Master Plan (Project No. 2083) 1. SCOPE OF WORK. Texas A & M University — Corpus Christi (TAMUCC) agrees to use its best efforts to execute the Scope of Work. • Project Area TAMUCC and it subcontractor's shall develop and deliver a Digital Elevation Database ( "database ") consisting of x, y, & z mass coordinate points for a Geographic Region depicted on the location map, and generally described as approximately 23 square mile common area located in the City of Corpus Christi, County of Nueces, State of Texas, commonly known as the City of Corpus Christi — Storm Water Master Plan Project. • Deliverables a. Pre - Flight Deliverables Prior to data collection, TAMUCC will submit a map showing the study area boundaries and planned flight path, at a medium scale (1:50,000) or small scale (1:100,000). Map shall identify which GPS ground control points are used as base stations on particular flight paths and areas. b. Post - Project Deliverables TAMUCC must submit the following which comprise the database: (1) A "First Return" Database gridded at 6 -feet easting and northing postings of the orthometric elevations derived using TAMUCC's proprietary processing and referenced to Texas State Plane Coordinates, NAD83 (North American Datum — 1983). (2) A "Multiple Return" Database gridded at 6 -feet easting and northing postings of the orthometric elevation for all returns derived using proprietary processing and referenced to Texas State Plane Coordinates, NAD83 (North American Datum — 1983). Where more than one return is received, points shall be numbered 1, 2, 3, and 4 indicating sequence of return. (3) A "Bare Earth" Database gridded at 6 -feet easting and northing postings of the orthometric elevations, vegetation and features removed or "bare earth ", derived using TAMUCC's proprietary processing and referenced to Texas State Plane Coordinates, NAD83 (North American Datum — 1983). EXHIBIT "B" Page 1 of 3 H USERS2\ HOME \VELMAP \GEN \DRAINAGE2083 STORM WATER MASTER PLAN\INTERLOCAL \CONTRACT SUMMARY • Delivery Format a. The following specifications apply to all data deliveries: Coordinates: Double Precision Digital Media: IDE Hard Drive Digital Media Format: Binary compressed ASCII, zip compression format for deliverables. b. The database must be in a format directly readable by ArcView 3D Analyst extension for deliverables Arclnfo TIN file in export format zip compressed for deliverable. c. Transmittals must include listing of all filenames and applicable project area per the location map. Hardcopy Media: Paper Number of Copies: 2 copies of all deliverables • Schedule for Collection and Delivery of database a. Field data acquisition will begin as soon as practical after the signing of this Interlocal Agreement and the approval to proceed with the Work (whichever occurs later) and be completed not more than 30 days from that date, subject to adverse weather conditions and other events which may delay collection which are beyond the control of the TAMUCC. b. First Return Database shall be delivered no later than 45 days following collection of all data. c. Multiple Return Database shall be delivered no later than 60 days following collection of all data. d. Bare Earth Database shall be delivered no later than 60 days following collection of all data. • Technical Specifications and Quality Control The LIDAR data shall be acquired meeting the following specifications: a. The ground surface "First Return" Database shall have vertical accuracy no greater than 15 cm root mean square error (RMSE), using the National Statistical Spacial Data Accuracy (NSSDA) definition where RMSE is the square root of the average of the set of squared differences between elevation values from an independent source of higher accuracy and linearly interpolated elevations in the Database for identical points. Accuracy standards only apply to open areas with no vertical obstructions where data is obtained on hard, flat surfaces. b. Quality Control /Quality Assurance (QC /QA) of the LIDAR- derived data, demonstrating that the technical specifications are met, is primarily the responsibility of TAMUCC. The City or its designee may perform additional QC /QA testing at its own expense. The City has 60 calendar days following delivery of each database to accept or reject TAMUCC's work. 2. PERIOD OF PERFORMANCE. The program shall be conducted from the execution date of the Interlocal Agreement through December, 2005. EXHIBIT "B" Page 2 of 3 Hi: USERS2LLIOME \VELMAP \GEN \DRAINAGE\2083 STORM WATER MASTER PLAN \INTERLOGAUCONTRACT SUMMARY 3. COMPENSATION. The City will pay TAMUCC for providing for the services specified above. The fees for these Services will not exceed $100,000 and will be full and total compensation for all services outlined, and for all expenses incurred in performing these services. TAMUCC will submit monthly statements for services rendered. The monthly statement will be submitted by the 5th of the month and based upon TAMUCC's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to TAMUCC's monthly statements. EXHIBIT "B" Page 3 of 3 Ii iSERS2\ HOME \VELMAP \GEN \ORAINAGE\2083 STORM WATER MASTER PLAN \INTERLOCAL \CONTRACT SUMMARY BASIN II FLIGHT AREA DATA PROCESSINGI PADRE /MUSTANG ISLAND BASIN u Ill 80, MI. I 29.980. MI. NAS / / h QO�P / / O P / / /y CITY LIMITS G / MUSTANG ISLAND STATE PARK / / GULF OF MEXICO LEGEND STORM WATER MASTER PLAN MAP SHEETS (7200) WIMP ANALYSIS MYD OLOGIC AND MANNINGS) URBAN TRANSPORTATION PUN CITY OF CORPUS CHRISTI STORM WATER MASTER PLAN PADRE/MUSTANG ISLAND ItCity of Corpus = Christi av10111{0111111 NOT TO SCALE EXHIBIT C PRIOR ACTIONS SUBJECT: PADRE AND MUSTANG ISLANDS INTERLOCAL COOPERATION AGREEMENT Storm Water Master Plan (Project No. 2083) PRIOR COUNCIL ACTION: 1. August 28, 2001 - Update on City Council Priority Issues Action Plan to evaluate the need for a Storm Water Drainage Utility. 2. August 28, 2001 - Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services in the amount of $1,048,480 with Goldston Engineering, Inc. for the Storm Water Master Plan Project (Motion No. M2001 -336). 3 January 28, 2003 - Resolution tentatively approving the Storm Water Management Policies, and directing staff to proceed with preparation of the Storm Water Criteria and Design Manual, including the preparation of alternate levels of protection (Resolution No. 025182). 4. February 10, 2004 — Approval of the FY 2003 -2004 Capital Improvements Program (Ordinance No. 025647). 5 September 21, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the Contract For Professional Services with Goldston Engineering, Inc. in the amount of $300,000, for a total restated fee of $1,348,480, for the Storm Water Master Plan Project (Motion No. M2004 -363). PRIOR ADMINISTRATIVE ACTION: 1 June 23, 2000 - Distribution of Request For Proposals (RFP) No. 2000 -02 - (Storm Water Master Plan Project) to 163 engineering and architectural firms (72 local and 91 non - local). 2 June 23, 2000 - Authorization to waive the 75/25 local participation policy, City Policy No. F -13, in the selection procedure. 3 July 19, 2000 - Addendum No. 1 to the Request For Proposals (RFP) No. 2000- 02 - (Storm Water Master Plan Project) to 163 engineering and architectural firms (72 local and 91 non - local). 4 August 16, 2001 — Presentation of Storm Water Master Plan Project to the Storm Water Management Advisory Committee. 5. February 5, 2002 - City Staff Workshop with consultant team. 6 February 8, 2002 and July 9, 2002— Presentation on Storm Water Master Plan Project to Development Services Advisory Group 7 February 21, 2002 and April 12, 2002 — Presentation of Storm Water Master Plan Project before the Storm Water Management Advisory Group. 8 March 13, 2002 — Presentation briefing to Planning Commission on Storm Water Master Plan Project. 9. April 17, 2002 — Town Hall Meeting with the general public. EXHIBIT "D" Page 1 of 2 (ISEHS2\ HOME \VELMAP \GEN \DRAINAGE\2083 STORM WATER MASTER PLAN \INTERLOCAL \PRIOR ACTIONS PRIOR ADMINISTRATIVE ACTION (continued): 10. March 7, 2002, April 9, 2002 and July 1, 2002 — meetings to discuss and receive input with Technical Advisory Group on level of protection and policies. 11 January 13, 2003 — Tentative approval by Storm Water Management Advisory Committee of the Storm Water Management Policies. 12. January 15, 2003 — Tentative approval by Planning Commission of the Storm Water Management Policies. 13. April 22, 2003 — Administrative approval of Amendment No. 1 to the Contract For Professional Services in the amount of $0 with Goldston Engineering, Inc. for the Storm Water Master Plan Project. This amendment re- aligned fees to include special presentation to the Nueces County Commissioners Court on February 20, 2003, 9:00 AM. 14. July 30, 2004 — Administrative approval of Small A/E Agreement in the amount of $24,990 with Goldston Engineering, Inc. for Storm Water Master Plan Training. 15. June 27, 2005 — Administrative approval of Small A/E Agreement in the amount of $16,000 with Thompson Engineering for technical review of the draft Storm Water Master Plan. FUTURE COUNCIL ACTION: 1 Ordinance adopting the Drainage Criteria and Design Manual and the Storm Water Master Plan. 2 Motion authorizing City Manager, or his designee, to enter into an engineering contract for implementation plan, additional evaluation of Individual Storm Water Systems, and deficiencies for the Capital Improvement Program. 3 Motion authorizing City Manager, or his designee, to enter into an engineering contract for Phase 4 of the Storm Water Master Plan — Financial analysis /services to develop alternative financing options for future Storm Water Capital Improvement Projects. EXHIBIT "D" Page 2 of 2 H' \USERS2 \HOME \VELMAP \GEN\DRAINAGE\2a83 STORM WATER MASTER PLAN \INTERLOCAL \PRIOR ACTIONS 16 AGENDA MEMORANDUM DATE: July 26, 2005 SUBJECT: School Zone Ordinance (Speed in School Zones) AGENDA: An ordinance amending the Code of Ordinances Section 53 -113, speed in School Zones by adding a reference to the manual on Uniform Traffic Control Devices, providing for severance, providing for publication, providing for penalties; and declaring an emergency. ISSUE: Amend the Code of Ordinances of the City of Corpus Christi by adding a reference to the Manual on Uniform Traffic Control Devices in Section 53 -113, Speed in school zones REQUIRED COUNCIL ACTION: An amendment to the Code of Ordinances requires City Council action. PREVIOUS COUNCIL ACTION: None FUNDING: N/A RECOMMENDATION: Approval of the proposed ordinance as presented. An I f2. Escobar, P.E. Dir ctor of Engineering Services Additional Support Material 1 Exhibit "A" Background Information AGENDA MEMORANDUM Additional Background Information BACKGROUND: This is a "housekeeping" item to have this section reflect the language that is in similar sections involving traffic control. The Texas Manual on Uniform Traffic Control Devices is approved by the Federal Highway Administration as the National Standard for placement of traffic control devices in accordance with Title 23 of the United States Code. Prior Council Action: Since 1958, prior City councils have established an ordinance that provides for establishing school zones around schools and remote crosswalks associated with the schools, public or private, having a regular average attendance of one hundred and fifty (150) pupils or more. Review by Transportation Advisory Committee: Not required. Exhibit A 1 of 1 AN ORDINANCE AMENDING THE CODE OF ORDINANCES SECTION 53 -113, SPEED IN SCHOOL ZONES, BY ADDING A REFERENCE TO THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; PROVIDING FOR PENALTIES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The code of ordinances of the City of Corpus Christi is amended by adding a reference to the Manual on Uniform Traffic Control Devices in Section 53 -113, Speed in school zones. Sec. 53 -113. Speed in school zones. It is hereby determined upon the basis of an engineering and traffic investigation that, between certain hours on any day when children are required to be in attendance at school, the maximum reasonable and prudent speed limit within a school zone shall be designated at a speed which is not greater than fifteen (15) miles per hour below either the normal posted speed limit or the "85th percentile speed," or, if not designated at such speed, as provided in section 53 -255; and between such hours on any such day it shall be unlawful for any person to drive or operate a motor or other vehicle within such zone at a greater rate of speed than so provided; provided that the city manager, or such officers or employees of the city designated by the city manager, is hereby given authority to change or modify the hours of enforcement of this section when, in his discretion, the need develops and upon his giving sufficient public notice of such changes. Signs shall be posted in accordance with the Texas Manual on Uniform Traffic Control Devices. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication 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 this Chapter. I-1. \ LEG- DIR\Joseph \ORD- SchZone2- ay.doc SECTION 5. That upon written request of the Mayor or five council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 26th day of July, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved j— /) z , 2005 By: Joseph Hbrney Assistant City Attorney For City Attorney H: LEG- DIR\Joseph \ORD- SchZone2- ay.doc Henry Garrett Mayor Corpus Christi, Texas day of , 2005 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, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott 11.\ LEG -DIR \Joseph \ORD- SchZone2- ay.doc 17 CITY COUNCIL AGENDA MEMORANDUM DATE: July 26, 2005 SUBJECT: One -Way School Zone Traffic Pattern at Gatvan Elementary School AGENDA ITEM: Ordinance amending the Code of Ordinances Chapter 53 — Traffic, Section 53 -250 — Schedule I, One -way Streets and Alleys, Section (B) School Areas, by establishing a one -way traffic pattern on the following street sections during the designated school zone hours of Gatvan Elementary School: 1. Westbound one -way pattern on Masterson Drive between Kostoryz Road and White Bird Drive, 2. Northbound one -way pattern on White Bird Drive between Masterson Drive and Elderberry Lane. ISSUE: On November 22, 2004, Corpus Christi ISD in the person of Ms Tammy Nix, Vice Principal of Gatvan Elementary School, formally requested the City to establish a one -way direction of traffic adjacent to the school during the drop -off and pick -up times for regular school hours of Gatvan Elementary School. This one -way pattern is to be implemented on Masterson Drive and White Bird Drive on a clockwise direction of flow from approximately 7:15 a.m. to 8:15 a.m. and from 2:30 p.m. to 3:30 p.m. This action was concurred by the Transportation Advisory Board at that meeting. REQUIRED COUNCIL ACTION: One- way traffic patterns on any public street or alley must be approved by the City Council. RECOMMENDATION: Approval of the proposed ordinance as presented. -`- - 7 /Seer ngel R. Escobar, P.E. Director of Engineering Services ADDITIONAL SUPPORT MATERIAL: 1 Exhibit A - Background Information 2 Exhibit B — Site Map (One -Way School Zone Traffic Pattern at Gatvan Elementary School) Page 1 of 3 AGENDA MEMORANDUM Additional Background Information BACKGROUND: The administration of Galvan Elementary School has requested that the City study the feasibility of converting Masterson Drive and White Bird Drive adjacent to the school to one -way clockwise operation between Kostoryz Road and Elderberry Lane along the south and west side of the school. Staff's analysis of the traffic conditions at this school have included interviews with school officials, detailed traffic counts, and examination of related traffic accident experience. Staff developed an alternative concept for maintaining the two -way operations on Masterson Drive and White Bird Drive that called for the re- orientation of the current bus loading zone into a joint -use time separated bus and parent loading unloading zone. However, this concept was rejected by the school administration as being too complex to administer. One -Way Street Criteria. Traffic Engineering has three objectives for implementation of one -way school zone traffic patterns: (1) improved student pedestrian safety (2) reduction of school - related traffic congestion, and (3) little or no impact of redirected traffic on abutting neighborhood streets. Based on the observed traffic conditions and ordinary occurrence of these conditions throughout the school year, Staff is confident that the proposed one -way traffic pattern on Masterson Drive and White Bird Drive will satisfy these requisite conditions. Traffic Demand. Masterson Drive and White Bird Drive are residential streets, typically 40 feet in width, with parking allowed on both sides of the street. Masterson Drive is essentially one block long, and becomes White Bird Drive when it bends northward. Traffic volume on this segment of Masterson Drive and White Bird Drive averages approximately 500 vehicles per day, with the majority being school - related traffic. Impact on Neighborhood Streets. The one -way circulation pattern for one hour in the morning and in the afternoon will require traffic accessing the school site from the residential area to the north of the school to turn right onto Kostoryz Road and then right onto Masterson Drive. The traffic exiting from the school would be required to take White Bird Drive northbound into the residential neighborhood in order to return to the neighborhood or to access Kostoryz Road. Two residences at the very end of the White Bird Drive segment just south of Elderberry Lane would have their access limited as a result of this school zone treatment. (One -Way School Zone Traffic Pattern at Galvan Elementary School) Page 2 of 3 Exhibit A 1 of 2 Impact on Access to Development. The concentration of school traffic onto one street approach could potentially cause queues on Masterson Drive that could back up onto southbound Kostoryz Road. A school speed zone has been approved previously for Kostoryz Road 400 feet north and south of Masterson Drive in anticipation of these school access modifications. Galvan Elementary lies along the north side of Masterson Drive and the east side of White Bird Drive. No other development currently exists on Masterson Drive or White Bird Drive across from the school. Staff will continue to monitor the situation and make appropriate changes should development conditions change in a manner that would be adversely affected by the one way restrictions. Prior Council Action: Since 1966, prior City councils have approved one -way school zone traffic patterns on 44 street sections at 36 elementary and middle school zones in Corpus Christi. Review by Transportation Advisory Committee: The Transportation Advisory Committee has reviewed the staff recommendation and voted to recommend approval to the City Council. (One -Way School Zone Traffic Pattern at Galvan Elementary School) Page 3 of 3 Exhibit A 2 of 2 2T Alle, WHITE BIRD DR zo Alley SOUTHERN SUN DR. 20' Alley ELDERBERRY LN. KEY: MASTERSON DR. F ONE —WAY TRAFFIC PATTERN 7:15 AM TO 8:15 AM 2:30 PM TO 3:30 PM KOSTORYZ SCALE: 1 ' =200' EXHIBIT - 8 PROPOSED ONE -WAY SCHOOL ZONE TRAFFIC PATTERN AT GALVAN ELEMENTARY SCHOOL - SITE MAP - Traffic Engineering Div. Engineering Services Dept. AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 53- TRAFFIC, SECTION 53 -250, SCHEDULE I, ONE WAY STREETS AND ALLEYS, SECTION (B) SCHOOL AREAS, BY ESTABLISHING A ONE -WAY TRAFFIC PATTERN ON THE FOLLOWING STREET SECTIONS DURING THE DESIGNATED SCHOOL ZONE HOURS OF GALVAN ELEMENTARY SCHOOL: 1. Westbound one -way pattern on Masterson Drive between Kostoryz Road and White Bird Drive. 2. Northbound one -way pattern on White Bird Drive between Masterson Drive and Elderberry Lane. PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by amending Chapter 53- Traffic, Section 53 -250, Schedule I, One way streets and alleys, Section (b) School areas, by establishing a one way traffic pattern on the following street sections during the designated school zone hours of Galvan Elementary School: 1. Westbound one -way pattern on Masterson Drive between Kostoryz Road and White Bird Drive. 2. Northbound one -way pattern on White Bird Drive between Masterson Drive and Elderberry Street. CHAPTER 53 TRAFFIC * * * * * ARTICLE VIII. SCHEDULES Sec. 53 -250. Schedule I, One way streets and alleys. (b) School Areas. H: \LEG- DIR\Joseph \Ord- Trf- GalvanEl doc Street or Portion of Street * * * Direction of Traffic Masterson Drive, between Kostoryz Road and White Bird Drive....West * * * White Bird Drive, between Masterson Drive and Elderberry Street... North SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Sec. 53 -55 Code of Ordinances. SECTION 5. That upon written request of the Mayor or five council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 26th day of July, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor Approved as to legal form `/„ / ti , 2005. Joseph H rney By: Assistant City Attorney For City Attorney H: \LEG -DIR\J oseph \Ord- Trf- GalvanE I. doc Corpus Christi, Texas day of , 2005 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, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison John E. Marez Jesse Noyola Mark Scott H: \LEG- DIR\Joseph \Ord- Trf- GalvanEl. doc 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 26, 2005 AGENDA ITEM: Ordinance appropriating estimated increased revenues of $638,887 in the No. 5010 Stores Fund to cover projected increased expenses in the Warehouse Division related to cost of warehouse merchandise sold; amending the Operating Budget adopted by Ordinance 025878 by increasing estimated revenues and appropriations by $638,887 each; and declaring an emergency. ISSUE: The Warehouse Division of the Stores Fund has shown increased sales over the past two fiscal years. A major contributing factor to the increases has been the implementation of new procedures and processes initiated by the Stores Supervisor. Assessing the need to increase usage of the warehouse by City departments, a marketing campaign was initiated. The program included updating and marketing the warehouse catalog, issuing e-mail blasts to foremen within the City of new items available at the warehouse, meeting with key personnel on items they would like to see stocked at the warehouse and adding those items to stock, posting new items on a bulletin board at the warehouse and improving the monitoring of fast moving items to minimize stock outs. Because of these improvements to the Warehouse, it is estimated that both revenues and expenses will exceed the amounts budgeted for FY2004 -05. Even though these increases do not adversely affect the fund balance, the amendment is necessary to stay in compliance with accounting standards. The budget for FY2005 -2006 has been structured to reflect the increase in both revenues and expenses due to the higher sales. REQUIRED COUNCIL ACTION: Approval of the ordinance as presented. CONCLUSION AND RECOMMENDATION: Staff recommends that the ordinance appropriating estimated revenues of $638,887 in the No. 5010 Stores Fund to cover projected increased expenses in the Warehouse Division related to cost of warehouse merchandise sold be approved. Cindy O'B Director of Financial Services ORDINANCE APPROPRIATING ESTIMATED INCREASED REVENUES OF $638,887 IN THE NO. 5010 STORES FUND TO COVER PROJECTED INCREASED EXPENSES IN THE WAREHOUSE DIVISION RELATED TO COST OF WAREHOUSE MERCHANDISE SOLD; AMENDING OPERATING BUDGET ADOPTED BY ORDINANCE 025878 BY INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $638,887 EACH; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $638,887 of estimated increased revenues is appropriated in the No. 5010 Stores Fund to cover projected increased expenses in the Warehouse Division related to cost of warehouse merchandise sold. SECTION 2. That Ordinance No. 025878 which adopted the FY 04 -05 Operating Budget is amended by increasing estimated revenues and appropriations by $638,887 each. 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 , 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved July 21, 2005 By kA))--L. Lisa Aguilar Assistant City Attorney for City Attorney Henry Garrett Mayor 19 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 07/26/05 AGENDA ITEM: Appropriating $75,892 from the Building Security Reserve in the No. 1020 General Fund for additional security at the City Magistration and Detention Center: Amending Operating Budget adopted by ordinance 025878 by increasing appropriations by $75.892; ISSUE: The transfer of funds from the Building Security Reserved Fund to the Municipal Court Building Security fund to cover expenditures relating to additional security forces at the City's Magistration and Detention Center during the first year of operations. REQUIRED COUNCIL ACTION: City Council must approve the appropriation of funds. PREVIOUS COUNCIL ACTION: None on this item CONCLUSION AND RECOMMENDATION: Staff recommends the approval of the appropriation of funds. odolfo T Presiding M cipal Court Jut ge Rene Mendiola Director of Municipal Court Attachments: Background Information BACKGROUND INFORMATION The City of Corpus Christi's Detention and Magistration Center successfully opened for public service on Saturday, September 11, 2004 at 7:00 p.m. Along with the 10 Detention personnel; Deputy City Marshal supplemental staff was scheduled at the facility 24/7 to ensure safe and efficient processing of arrested persons. This schedule was designed to be in place for 30 to 90 days, at which point a decision will be made on long term needs of the Center. The overall operation at the facility went well. The staff hired to run the facility had a tremendous impact on the success of the operations. They provided us tremendous feedback on facility changes that needed to be made to ensure the hest handling of the population. The efficiency of the facility led to some variations in staff processing levels. At the project's inception, the estimated number of Arrested Persons that would be processed through the facility was 13 per day. We very quickly found that we began to average 43 per day. We have found several reasons for the variance between the estimated amount and the actual amount of Arrested Persons. The most significant of these reasons is a quicker turnaround time the Police Officer has to spend at the new facility, which has gone from 2 to 4 hours at the previous location to approximately 15 to 30 minutes at the new facility. This allows the officers to be back on the streets performing their function of providing public safety. As a result, this also allows them to make more arrests, thus increasing the population and creating the variance. The other factor is the re- emergence of the Failure to Appear Warrants and the increased number of arrests by CCPD on these warrants. This unanticipated growth to the population required the decision be made to continue to provide additional supplemental staff as part of a safety issue for the facility. As with any Detention Facility, ]folding Facility or Jail, incidents are going to occur. We are no exception to that and have had incidents occur. However, with each of the incidents that have occurred, we feel that the quality of staff led to the quick response and resolution of these incidents. We certainly understand that we will never be immune to incidents, thus we continue to do our best to monitor each and every situation very closely and are in a "ready -to -act, ready -to- respond" mode. Knowing that we could not continue this process long term, the Court in coordination with CCPD worked together to come up with a solution to address this need in the future. To do so, we have converted the thirteen (13) existing Fingerprint Technician positions to Detention Officers. Once trained, we will provide the needed coverage on each shift to ensure safe and efficient processing of the arrested persons as well as the safety of the Detention personnel. Therefore, the request is being made to transfer these monies for the expenditures to be covered by the Municipal Court Building Security Fund, knowing that these expenditures are in line with the design of the fund itself'. ORDINANCE APPROPRIATING $75,892 FROM THE BUILDING SECURITY RESERVE IN THE NO. 1020 GENERAL FUND FOR ADDITIONAL SECURITY AT CITY MAGISTRATION AND DETENTION CENTER; AMENDING OPERATING BUDGET ADOPTED BY ORDINANCE 025878 BY INCREASING APPROPRIATIONS BY $75,892; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $75,892 is appropriated from the Building Security Reserve in the No. 1020 General Fund for additional security at City Magistration and Detention Center, SECTION 2. That Ordinance No. 025878 which adopted the FY 04 -05 Operating Budget is amended by increasing appropriations by $75,892. 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 , 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved July 21, 2005 By: Yc Lisa Aguilar Assistant City Attorney for City Attorney CV Henry Garrett Mayor 20 AGENDA MEMORANDUM AGENDA ITEM: July 17, 2005 Motion authorizing the City Manager to execute a Deferment Agreement with Shoreline Oaks, Inc., (Developer), in the amount of $ 52,700.91 for public improvements including street pavement, curb, gutter and sidewalks, for the future street construction improvements to Purdue Road west of Flour Bluff Drive for a distance for 835 linear feet within the Shoreline Oaks Subdivision Unit 1, in accordance with the Platting Ordinance, ISSUE: Mr. Richard Voss, on behalf of Shoreline Oaks, Inc., developer of Shoreline Oaks Subdivision Unit 1 submitted a written application for a Deferment Agreement for the construction of one -half of Purdue Road along the southern limits of Shoreline Oaks Subdivision Unit 1 in accordance with the Platting Ordinance, Section V.A.3. (b). REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a deferment agreement with Shoreline Oaks, Inc. (Developer). CONDITION: Developer must deposit a cashier check or a certified check with the City in the amount of 110% of the cost of the project, and comply with all other requirements of the Deferment Agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. B. A. Holly, A.I.C.P. Director Development Services ATTACHMENTS: Exhibit A Exhibit B Exhibit C Exhibit D Background Information Location Map Half Street Location Map Deferment Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The Shoreline Oaks Subdivision Unit 1 (Exhibit B) plat approved by the Planning Commission on June 02, 2004, required the developer to construct public improvements including one half of the future Purdue Road. Purdue Road is a 60 -feet right -of -way, 40 -feet, back -of -curb to back -of -curb street, including pavement, curbs, gutters and sidewalks between the north and south limits of Shoreline Oaks Subdivision Unit1 (Exhibit C). The developer, Mr. Richard Voss, President of Shoreline Oaks, Inc., submitted a Deferment Agreement for City Council approval to delay the street improvement construction of one half of the street improvements including street pavement, curb, gutter and sidewalks of future Purdue Road opposite the southern limits of the Shoreline Oaks Subdivision Unit 1. On June 13, 2005 the Planning Commission determined that due to the uncertainty as to when the south half of the required street will be constructed and the safety issues associated with the construction of half of a street section, "there exists reasonable cause to defer the half street construction requirements to allow the developer to obtain final approval for the Shoreline Oaks Subdivision Unit 1." The agreement, (Exhibit D) between the City of Corpus Christi and Shoreline Oaks, Inc. allows the Developer to defer the construction of required improvements including construction of street pavement, curb, gutters and sidewalks until the tract of land along the south side of future Purdue Road is developed and required to participate in the construction of Purdue Road. The Developer has agreed to deposit a cashier check or a certified check for $ 52,700.91 in the amount of 110% of the estimated cost of constructing the required improvements, in compliance with the Platting Ordinance. EXHIBIT A CER GFAHAM 1 DON PATRICK: SITEOSO / PuRD uL. 1 r{(� E KIRK IIrC O U' ONTARIO STE• O i ,'RGAi ELS \ HANN PEG ROSE Nh Cr. ( -eL`AK 11noNTREAt IAA ; LRC� Z 0 AMBRA> 0 cu uH `s i o c N B cc ORLEANS O 00 CRESTLINL PEARSON AS11 PK YNA LE WILSON LLI GLENGAK LOCATION MAP NO SCALE GARIBBEAr I Si BERNARD S BARIHOLEMEW 57 TIMOTHY p- CHRISTOPHERH� y0O R ST GREGORY S. 4O1HON 51 BFNEDICI 51�COLU MBAN SI DOMINId PHILL�P Z 0 Y ei -A N LOA JOHNSON Z .v OAK RIDGE JUNIPER 1 30 p 0 0 p ',— NORF04K GZ 0 r N z GUL U- = 0 OAKDALE OAKS BUGLE 0 GADWELL N CARIBBEAN DA -Gee GLENOAK SAND 0 a , RELMONT s a E GULFS REAM HIALEAH n r In n n 1k n\k Exhibit "B" SHORELINE OAKS SUBDIVSION Corpus Christi, Texas LOCATION MAP © 2005 by Urbon Engineering SCALE: N.T.S. SHEET 1 OF 2 URBAN' ENGINEERING CORPUS CHRISTI. TEXAS J r416:11151575-rig CMRISR, 1fl5 76408 -W! FM; 301 BM -8001 JOB NO. 23 08.A3. 0 DATE: 6 21 05 BY: CG i q ' a, I II J E 0 (NI cn 1— z cc) F— O eL L t U Q CD (/) O D k w o p D 0 2005 by Urban Engineering STATE OF TEXAS § COUNTY OF NUECES DEFERMENT AGREEMENT This Agreement is entered into between the City of Corpus Christi, Texas ( "City ") and Shoreline Oaks, Inc. ( "Developer "), and pertains to deferral of half street improvements required prior to final approval of Shoreline Oaks Subdivision Unit 1. Exhibit 1 WHEREAS, the Developer is being required by the City of Corpus Christi to defer construction of sidewalks, curbs, gutters and street paving of the remaining unimproved portion of a half- street (Purdue Road), shown on attached and incorporated as Exhibit 2; and WHEREAS, the Developer has endorsed a certified check or a cashier check payable to the City of Corpus Christi in the amount of fifty -two thousand, seven hundred dollars and ninety -one cents ($52,700.91), which is 110% of the estimated cost of constructing the required improvements, shown on the attached costs estimate, which is attached and incorporated as Exhibit 3, with the City of Corpus Christi; and WHEREAS, an increase in security may be required on an annual basis if the Director of Engineering Services /City Engineer determines that the present principal and interest are not equal to 110% of the estimated construction costs; and WHEREAS, the City Attorney and Director of Finance have approved this transaction; and WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, and maintenance agreements and all special covenants have been completed; and NOW, THEREFORE, the City and Developer agree as follows: 1 The City agrees to allow the Developer to defer construction of the required street improvements including curbs, gutters, sidewalks and pavement section along Purdue Road as shown in Exhibit 2 until the City causes said improvements to be constructed as a portion of an overall plan. The Developer agrees to deposit fifty -two thousand, seven hundred dollars and ninety -one cents ($52,700.91), with the City of Corpus Christi, which is 110% of the estimated cost of constructing the required improvements, Exhibit 3 and if the deposit is not made by that time this Agreement shall become null and void. The principal amount of fifty -two thousand, seven hundred dollars and ninety -one cents ($52,700.91) shall be placed by the City in an interest - bearing account and the total sum, both principal and interest, shall be made available to the City of ShorelineOaksUl Determent Agreement.doc Corpus Christi solely for the construction of the required improvements hereunder. Such funds shall not be used for any other purpose whatsoever. The City's Director of Engineering Services, at the Developers expense, shall file for record this Deferment Agreement in the records of Nueces County. The City agrees that the 110% estimated cost of $52,700.91 for the half street construction of Purdue Road has been received, or the required improvements shown in Exhibit 2 have been accepted by the City, the City's Director of Engineering Services shall issue a "Final Letter of Acceptance" for Shoreline Oaks Subdivision Unit 1 to the Developer; Shoreline Oaks, Inc. 3756 Bratton Road Corpus Christi, Texas 78413 No party may assign this Deferment Agreement or any rights hereunder with the prior written approval of the other parties. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted opposite the signature of such party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. 9. The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto (Exhibit 4). 10. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies have been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. ShorelineOaksU 1 Deferment Agreement.doc EXECUTED in triplicate this 20'at day of By: Shoreline Oaks, Inc. ( "Developer ") 3756 Bratton Road , 2005. Corpus Christi, Texas 78413 Richard Voss, President Of Shoreline Oaks, Inc. STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the 10 day of au (Lj , 2005, by Richard Voss, President of Shoreline Oaks, Inc., a Texas Corporation, dh behalf of Shoreline Oaks, Inc. owner and developer of Shoreline Oaks Subdivision Unit 1. aaaa9� aaaaaaaa aaaaaaa N y exas 27 -2007 ShorelineOaksUlDeferment Agreement.doc NOTARY PUBLIC, STATE OF TEX' WI r k k t t rno r) CITY OF CORPUS CHRISTI ( "City ") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880 -3500 Facsimile: (361) 880 -3501 ATTEST: By: By: ARMANDO CHAPA, George K. Noe City Secretary City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of 2005, by George K. Noe, City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. NOTARY PUBLIC, STATE OF TEXAS APPROVED AS TO FORM: This z / day of By: Joseph Ha ney Assistant City Attorney For City Attorney ShorelineOaksU 1 Determent Agreement.doc , 2005. AEI EWEN 1 1 pil9!gFg9966Bgg 9t'-fBBe-e-mpS pep� ye y6eyei9ee 8 F R' Ri1111RRRRR 6S!lRRRPi�]i tegRRRRR � i�' aeeeieumiFe 11� a0:j e n PAZ, aa:f ieeBUe�fl ; Eql igglLl,F,a,!lq�j1.�1�11o'lai�! !! IU!I71117!_Iglq P.'.SPFCS °FPA.:Aa r,i 1 t! out —— —N,. aw (Paw yµ an ,www doJy uuo "s6d b Pn my oapJap puC 10 Puc „ng m _ f O �Y�S i NI 1'661 iW4Z4IS log) WSI Nita T Mt 1118811 mit 31111111111111! 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A A° Vram a ]939 Prow maned P. 8$$y a.i .T-- TW tk I\ O 1- Z W W .. ► ~ 0 U L WO DQ ° ElL O DW U p a D CL 2005 by Urban Engineering COST ESTIMATE- DEFFERED IMPROVEMENTS SHORELINE OAKS SUBDIVISION PURDUE ROAD IMPROVEMENTS 6/23/2005 Job No. 23808.A4.00 Exhibit "3" ITEM] DESCRIPTION ESTIMATED UNIT UNIT TOTAL QUANTITY PRICE PRICE PURDUE ROAD ESCROW 1/2 PAVING IMPROVEMENTS: 1 2 Clearing and Grubing 0.55 AC $440.00 $242.00 Excavation 2,186 CY $2.10 $4,590.60 3 2" HMAC Including Prime Coat 1,603 SY $7.00 $11,221.00 4 18" Compacted Cement Stabilized Caliche 1,603 SY $5.15 $8,255.45 5 6" 'L' Curb 840 LF $8.50 $7,140.00 6 4' Concrete Sidewalk 3,180 SF $2.75 $8,745.00 7 8 Street Sign 2 1 30 EA $460.00 $920.00 Slot Inlet on Exist. 18" RCP EA $2,000.00 $2,000.00 9 18" RCP Culvert LF $28.00 $840.00 PAVING TOTAL: $43954.05 TOTAL ESTIMATE IMPROVEMENTS: $43,954.05 per ordinance requirements add 10 %: $4,395.41 TOTAL CONSTRUCTION COST: $48,349.46 t Add 9% for Engineering and Testing: $4,351.45 + TOTAL REQUIRED FOR LETTER OF CREDIT: t $52,700.91 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1- 361 - 854 -3101 1 of 1 City of Corpus Christi Ordinance provide the following information. FIRM NAME: S` / ''r"N1/2. STREET: 3 i I'G tra4- p""' FIRM is: 1. Corporation PIC 5. Other ❑ Exhibit "4" CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS 17112, as amended, requires all persons or firms seeking to do business with the City to Every question must be answered. If the question is not applicable, answer with 'NA". (Al Cr, CITY: C 77` ZIP: 7q'j 2. Partnership ❑ 3. Sole Owner ❑ 4. Association 0 DISCLOSURE QUESTIONS If additional space is necessary. please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Job Title and City Department (if known) a State the names of each "offrciar of the City of Corpus Christi having an "ownership interest' constituting 3% or more of the ownership in the above named 'arm ". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more o f the ownership in the above named "firm ". Name Board, Commission or Committee Wyk- 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Consultant N CERTIFICATE 1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: /et4A./ta t - Title: PLOY. (Type or Print) ��� of Certifying Person: �4 Date: SAT- Signature 21 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: July 26, 2005 Ordinance authorizing the City Manager, or his designee, to execute a Participation Agreement with Alty Enterprises, Inc., Developer of Greystone Subdivision Unit 1, for the construction of a one -half street (Sydney Street), located approximately 1,300 L.F. south of Slough Road; east of Rodd Field Road; and north of Master Ditch 31 in accordance with the Platting Ordinance, of which the City's share of cost shall not exceed $ 88 443.79 and declaring an emergency. ISSUE: An agreement between Alty Enterprises, Inc., and the City of Corpus Christi, for the construction of the one -half street (Sydney Street), not to exceed $ 88,443.79. REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a Participation Agreement with the Alty Enterprises, Inc. (Developer) in compliance with Platting Ordinance. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit A Exhibit B Exhibit C Exhibit D hf.. _\gen\ag041greystone.m Fiaitth B.A. Holly, A P Director of velopment Services Background Information Site Plan Cost Estimate (Street Construction) Participation Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Alty Enterprises, Inc. (Developer) has proposed a residential subdivision known as Greystone Subdivision Unit 1, a 19.75 acre tract of land out of Lots 2 and 3, Section 25, Flour Bluff and Encinal Farm and Garden Tracts. As approved by Planning Commission, the development and platting of Greystone Subdivision requires the construction of Sydney Street. The Sydney Street right -of -way improvements are to serve the Greystone Subdivision and to provide access to a linear park along the north side of Master Channel No. 31. The Developer will construct certain improvements for and on behalf of the City including pavement and sidewalks on Sydney Street. The improvements will be constructed in accordance with the plans and specifications approved by the City Engineer. Urban Engineering will be required to provide the City a letter stating that any curb ramps to be constructed will be in compliance with TDLR regulations and TAS guidelines. Platting Ordinance Section IV.G.2. J) requires that the Developer construct at his own expense, one -half of Sydney Street within the Greystone Subdivision. The city is required to participate in the construction of the other half of the street improvements. The estimated cost of the City's share of public street improvements will be adjusted according to the actual construction cost after completion of the work, but in no case will the City's share exceed the estimated amount of $88,443.79. The City's payment to the Developer will be made after completion and acceptance of all subdivision improvements by the City Engineer. The developer provided cost estimates for the proposed construction of the one -half street as follows: Cost estimate for construction of the one -half street (Sydney Street) $ 82,273.29 Engineering @ 7.5% $ 6,170.50 (see exhibit "C ") City's participation cost $ 88,443.79 The City's participation cost will be $88,443.79 which will be funded by 550910 - 3541 - 00000 - 170847. The City shall reimburse the Developer for the City's share of the cost of public improvements for this development in the following manner: Upon recordation of the final plat of Greystone Subdivision Unit 1, and final acceptance of public improvements by the City Engineer, the Developer will be paid for the actual costs of the City's share, not to exceed $88,443.79, of the required public improvements and no later than 60 calendar days from the date of final acceptance by the City Engineer. RECOMMENTATION: Staff recommends approval of the Ordinance as presented. EXHIBIT A © 7 I h I/r Iti L- .. \�� 1 L 9 iQ,q�CNG /S S 0eO / APO _/Q �. QO \., e. 4� "�:- (c0 8 <� �� e7 bbb ������ qq • i, 14. X40.4, w y p,�t s,Fq. bah "�, �, A IIU ill.- �� �. /1 / wsa 4 o, r/ N n O ' 0 LOCATION MAP SCALE: N.T.S. / URBAN' ENGINEERING \ CORPUS CHRISTI. TEAS 2005 by Urban Engineering EXHIBIT "B" Page 1 of 2 P.C. 103x 066. CORPUS aNmn, tow 7646 S3ee IN0 (M1) tl4 -!00t 31, 2005 PtCNL (MI) I04 -.3101 JOB NO. 39779.A4.01 DATE: MAY i r n _i 1 t t t U E \ "Are, ill 16 ek j+ 7 5 U.E J f o ° • H w LaJ r i� 11 12 13 14 15 �16 17 reu 19 20 17 ,,, 4 — CITY PARTICIPATION 25'Y R 18 \ r ,r'?°':+,6Y'Tr r {�rnne. -. lei -° 7f:"i' V`'''m, "rh9 mT"".77.- ...'y r\1. 71.7.7C4:�4J7 a T � o. !rho,�a'"`,.7.7.77r�rsfn•:S,ai s r__ y.y Mme. :... s 25'D E /\ TREES ; Col 19, Block 1 (Creyslone PorA) e �� 2 CONCRETE SIDEWALK (TYP) 20 DE 20' DRAINAGE EASEMLNI (TYP.) 7 ° ° TEMPORARY TURNAROUND n z LINEAR PARK AND STREET R. TO BE EXTENDED IN F1)TURE x (SEE PRELIMINARY PLAT) w UNPLATTED 1 Any curb ramps to be constructed will be in compliance with TDLR regulations and TAS guidelines. SCALE: 1"=100' GREYSTONE PARK PARTICIPATION EXHIBIT �� ••• ENGINEERING \ , CORPUS CHRISTI. TEXAS / EXHIBIT B P.O.6OK l66, COWL)! MR ! O TU3 7••••—•366 woc: c311) se4-3+61 FM: c311> w-666I JOB NO. 39779.A4.01 © 2005 by Urban Engineering Page 2 of 2 DATE: MAY 31,. 2005 Lc R31 G ONIISIX3 PARK PARTICIPATION STREET CONSTRUCTION ESTIMATE Engineer: Murray Hudson Client: Louis alty PAVING IMPROVEMENTS - PARK PARTICIPATION: 1 Clearing and Grubbing 2 Excavation 3 2" HMAC Including Prime Coat 4 6" Cement Stabilized Caliche Base 5 8" Lime Stabilized Subgrade 6 6" 'L' Curb 7 12' Concrete Sidewalk QUANTITY QUANTITY PLUS 5% 0.51 2,005 1,459 1,459 1, 783 729 11,363 0.46 1,823 1,326 1,326 1,621 663 10, 330 5 -25 -05 JOB NO. 39779.A4.00 UNIT UNIT TOTAL PRICE AC $260.00 CY $4.20 SY $7.40 SY $7.70 SY $4.10 LF $11.00 SF $3.20 $131.56 $8,422.26 $10,793.64 $11,231.22 $7, 310.71 $8,022.30 $36,36/.60 PARK PAVING SUB- TOTAL: $82,273.29 ENGINEERING @ 7.5% $6,170.50 TOTAL ESTIMATED REIMBURSEMENT: $88,443.79 Urban Engineering 2726 Swantner Corpus Christi. Texas 78404 1- 'F1- R54 -31 Q' EXHIBIT C PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Rome -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469 -9277, hereinafter called "City" and Alty Enterprises, Inc., 6821 Vineyard, Corpus Christi, Nueces County, 78414, hereinafter called "Developer ". WHEREAS, Developer is developing a residential subdivision known as Greystone Subdivision Unit 1, a 19.75 acre tract of land out of Lots 2 and 3, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, as shown on attached Exhibit 1, hereinafter called "Development ", and WHEREAS, the Developer has submitted a plat, in compliance with the provisions of the City Platting Ordinance, which shows a portion of Greystone Subdivision Unit 1, for use as Parks and Playgrounds; east of Rodd Field Road; and WHEREAS, the part of Sydney Street which borders a City park and the City may bear its portion of the cost of development, according with the Platting Ordinance, Section IV, G. 2. j); and NOW, THEREFORE, in order to provide a coordinated land development and street construction project, the City and Developer agree as follows: The Developer will construct certain improvements for and on behalf of the City including pavement and sidewalks on Sydney Street, which bounds a dedicated City Park. The improvements are required to be constructed in accordance with the plans and specifications approved by the City Engineer. This Agreement will be null and void if it is determined by the City that the subdivision improvements authorized by the approved plans and specifications are not completed within the time limits specified in the City Platting ordinance or if not constructed in accordance with the approved plans and specifications; the construction will then be contracted for and financed completely by the Developer. For Greystone Subdivision Unit 1, the total cost of the City's Share of the public street improvements, as depicted in Exhibit 2 is $88,443.79. The City's share will be adjusted according to the actual construction cost after completion of the work, but in no case will the City's share exceed the estimated amount of $88,443.79. The City's payment to the Developer will be made after completion and acceptance of all subdivision improvements by the City Engineer. The City shall reimburse the Developer for the City's share of public improvements for this development in the following manner: Participation Agreement Greystone Subdivision Page 1 of 3 EXHIBIT D Upon Recordation of the final plat of Greystone Subdivision Unit I, Urban Engineering will be required to provide the City a letter stating that any curb ramps to be constructed will be in compliance with TDLR regulations and TAS guidelines. Final acceptance of public improvements by the City Engineer, the Developer will be paid for actual costs of the City's share, not to exceed $88,433.79, of the required public improvements no later than sixty (60) calendar days from the date of final acceptance by the City Engineer. Developer shall indemnify and hold harmless the City, its agents, officers and employees ( "Indemnities ") from all suits, actions or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to the construction of the improvements, regardless of cause or of any concurrent or contributing fault or negligence of Indemnities, including Indemnities' sole negligence. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership Interests form attached hereto and labeled Exhibit 3. This Agreement becomes effective and binding upon and inures to the benefit of the parties hereto and their heirs, successors, and assigns from and after date of execution. EXECUTED IN DUPLICATE originals, this20day of u y , 2005. DEVELOPER: ALTY ENTERPRISES, INC. STATE OF TEXAS § COUNTY OF NUECES § Louis Alty, President This instrument was acknowledged before me on yuk 3 Zo* Louis Alty, President of A Enterprises, Inc., a Texas Corporati corporation. 22aaaaaaaaaa,P273 23a2,239,20a2a7s7a /vn A A. SIMON PubIIc � of Texas �p ws;deix;V aeicecetctVeeeV Participation Agreement Greystone Subdivision Page 2 of 3 , 20(x, by on behalf of said Air Notary Public, State of exas Vtar)CQ.. Simon EXHIBIT D ATTEST: CITY OF CORPUS CHRISTI By: By: Armando Chapa, City Secretary George K. Noe, City Manager APPROVED: 2. 1 day of By: Assi ,2005 ant City Att STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2005, by George K. Noe, City Manager of the City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of said corporation. Participation Agreement Greystone Subdivision Page 3 of 3 Notary Public, State of Texas EXHIBIT D / IUD 1 / 4 IS -�H 2 N ,,,, ,... i \FS , tatty • 4 ... del tom, ' /' I I •.., / ,'� arsti' l, Cq '14 is ���/� 6"� 4�� A/ &Q .oc 0 tic k/s Tti F�gRO 0 ./____/ / SCALE: N.T.S. LOCATION MAP URBAN ENGINEERING EXHIBIT 1 CORPUS CHRISTI, TEXAS 2 -.0. .OM .x.. m+.v1 °InAX tow 7w. -.3.. JOB NO. 39779.A4.01 © 2005 by urban Engineering Page 1 of 2 DATE: MAY 31, 2005 14 i 5 LL E i i Np F i IC 16 i a 1 , , . I 7.5 U.E.f Lo i ,,'' i ri 12 14 15 17 u 19 20 �'o ' > CITY PARTICIPATION 25'Y R z i a2 1,Go — , — t t 18 \ c'';' 4� n '"m +"74777 < - to t." % ° " S Cic -nrg ("f �"n Z'4nant4nwr"Ttn1�! q'^I'wml? iaw ri!�ti , j . 1P f 4L1 J /�%Fla G:',1Lln /.L/ /,.J %,.. . S /.b.. /i ✓ /.� / /.,./ i1?;1 ii f:..'J.f,Zi /..:� %/, ..r. / /,nU. I r s i i ef —e A- 2 5 1 D TREES ; I Lot l9, Block I (Creyslone Pork) 12' CONCRETE SIDEWALK (IYP.) rn 20' D.E. 5 20' DRAINAGE EASEMEN1 (TYP ) .°-I ° TEMPORARY IURNARGUND - - -- z LINEAR PARK AND STREET vii TO BE EXTENDED IN FUTURE w (SEE PRELIMINARY PLAT) UNPLATTED Any curb ramps to be constructed will be in compliance with TDLR regulations and TAS guidelines. SCALE: 111=100' i WU R B A NI\ GREYSTONE PARK PARTTCIPATION EXHIBIT ENGINEERING CORPUS CHRISTI. TEXAS} EXHIBIT 1 IR. .0X OM, mM Oar. MIAS r••. -Oee vwwc: (361) S84 -3101 FAX: (r,) m4-0001 JOB NO. 39779.A4.01 0 2005 by Urban Engineering Page 2 of 2 DATE: MAY 31, 2005 C HDIIQ ONIISIX3 PARK PARTICIPATION STREET CONSTRUCTION ESTIMATE Engineer. Murray Hudson Client Louis alty PAVING IMPROVEMENTS - PARK PARTICIPATION: QUANTITY 1 Clearing and Grubbing 2 Excavation 3 2" HMAC Including Prime Coat 4 6" Cement Stabilized Caliche Base 5 8" Lime Stabilized Subgrade 6 6" 'L' Curb 7 12' Concrete Sidewalk 0.46 1,823 1,326 /,326 1,621 663 10,330 5 -25-05 JOB NO. 39779.A4.00 QUANTITY UNIT UNIT PLUS 5% PRICE 0.51 AC $260.00 2,005 CY $4.20 1,459 SY $7.40 1,459 SY $7.70 1,783 SY $4.10 729 LF $11.00 11,363 SF $3.20 PARK PAVING SUB-TOTAL: ENGINEERING @ 7.5% TOTAL ESTIMATED REIMBURSEMENT: Urban Engineering 2725 Swantner Corpus Christ. Texas 78404 TOTAL $131.56 $8, 422.26 $10,793.64 $11,231.22 $7,310.71 $8,022.30 $36,361.60 $82, 273.29 $6,170.50 $88,443.79 EXHIBIT 2 S I CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112. as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with 'NA". FIRM NAME: ri;� / \T \ i\nJ f\pn5« r STREET: 72:44s) \Gtr 1 muc\ CITY: 2 c . ZIP: ' 1 \ s' FIRM is: 1. Corporation Ia< 2. Partnership ❑ 5. Other ❑ 3. Sole Owner ❑ 4. Association ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest' constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) Iv/ 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named 'Yrm ". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more o f the ownership in the above named "firm ". Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: 1 r)t.t S !�11 `�� Trtle: . (Type or Print) Signature of Certifying Person: ii t a .1 //4 A Date: '7 ' 20' o4 EXHIBIT 3 Page 1 of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A PARTICIPATION AGREEMENT WITH ALTY ENTERPRISES, INC., DEVELOPER OF GREYSTONE SUBDIVISION - UNIT 1, FOR THE CONSTRUCTION OF THE ONE -HALF STREET (SYDNEY STREET), LOCATED APPROXIMATELY 1,300 L.F. SOUTH OF SLOUGH ROAD, EAST OF RODD FIELD ROAD AND NORTH OF MASTER DITCH 31; IN ACCORDANCE WITH THE PLATTING ORDINANCE, OF WHICH THE CITY'S SHARE OF COST SHALL NOT EXCEED $88,443.79; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the required funds having been appropriated, the City Manager, or his designee, is authorized to execute a participation agreement with Alty Enterprises, Inc., Developer, for the construction of one half street (Sydney Street), located approximately 1,300 L.F. south of Lipes Boulevard, east of Rodd Field Road and north of Master Ditch 31, in accordance with the platting ordinance, of which the City's share of costs shall not exceed $88,443.79. A copy of the agreement is on file with the City Secretary's office. 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 26th of July, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form ( 2 ,) 2005 By: Joseph arney�� Assistant City Attorney For City Attorney Page 2 of 2 Corpus Christi, Texas day of , 2005. 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, Henry Garrett, Mayor The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison John E. Marez Jesse Noyola Mark Scott 22 CITY COUNCIL AGENDA MEMORANDUM July 26, 2005 AGENDA ITEM: Ordinance abandoning and vacating a 1,177- square foot portion of a 10- foot wide utility easement out of Lot 1B, Block 221, Port Aransas Cliffs, approximately 2,500 feet south of Doddridge Street and 400 feet east of Santa Fe Street; requiring the owner Dr. Darrel Ferris, to comply with the specified conditions; and declaring an emergency. ISSUE: The closure of the utility easement will allow the owner to construct an addition to the existing residence. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval from Council and publication of the ordinance, all grants of easement closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the building permit approval of construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. These requirements are in compliance with Ordinance No. 025816, approved 7- 13 -04. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. B.A. HollA ICP Director of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: Bass & Welsh Engineering, on behalf of the owner, Dr. Darrel Ferris, is requesting the abandonment and vacation of a 1,177- square foot portion of a 10 -foot wide utility easement out of Lot 1 B, Block 221, Port Aransas Cliffs, to accommodate an addition to his existing building that will cover all or portions of the existing utility easement. The easement to be abandoned and vacated is approximately 2,500 feet south of the Doddridge Street and 400 feet east of the Santa Fe Street rights -of -way and is located in an "R -1 B" One Family Dwelling District. On May 10, 2005, by Ordinance No. 026255, the City of Corpus Christi approved the abandonment and vacation of 1,468- square feet of a 13 -foot wide utility easement out of Lot 11, Ryan Subdivision, & Lot 1 B, Block 221, Port Aransas Cliffs. The abandonment of the utility easement was requested by Mr. & Mrs. Erhman, owners of Lot 11, Ryan Subdivision and a 31' x 102.62' portion, Lot 1 -B, Block 221, Port Aransas Cliffs. The 13 -foot wide utility easement that was closed by Ordinance 026255, contained 1,468 - square feet. The proposed 10 -foot wide utility easement proposed to be abandoned and crossing Lot 1B, Block 221, Port Aransas Cliffs contains 1,177- square feet. The two easements combined equal 2,645- square feet. The utility easement being dedicated within Lot 11, Ryan Subdivision and Lot 1 -B, Block 221, Port Aransas Cliffs is 1,880- square feet, with the difference between the easement abandonments and easement dedication being 765 - square feet. Property owner is required to replat the property to show the relocation of the lot line. All public and franchised utilities were contacted. None of the city departments have facilities within the utility easement. There were no objections regarding the proposed utility easement abandonment. Owner is to pay a fair market value fee of $956.00 for the net difference (765 sq. ft. x $2.50 per /sq.ft .x 50% discount) between the abandonment and dedication of easement rights -of -way. The 765 - square feet is the total net square footage between the 1,880 - square feet of easement being dedicated and the combined 1,468- square feet of the 13- foot wide utility easement closed by Ordinance 026255, and the 1,177- square feet of 10' wide utility easement out of Lot 1 B, Block 221, Port Aransas Cliffs, being abandoned and vacated. EXHIBIT A FROM: B.A. Holly, AICP, Director of Development Services DATE: July 18, 2005 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: July 26, 2005 ORDINANCE CAPTION: Ordinance abandoning and vacating a 1,177- square foot portion of a 10 -foot wide utility easement out of Lot 1 B, Block 221, Port Aransas Cliffs, approximately 2,500 feet south of Doddridge Street and 400 feet east of Santa Fe Street; requiring the owner Dr. Darrel Ferris, to comply with the specified conditions; and declaring an emergency. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume 45, Page 201, of the Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: 1) Owner is to pay a fair market value fee of $956.00 for the net difference (765 sq. ft. x $2.50 per /sq. ft .x 50% discount) between the abandonment and dedication of easement rights -of- way. The 765- square feet is the total net square footage between the 1,880- square feet of easement proposed to be dedicated and the combined 1,468- square feet of the 13 -foot wide utility easement that was closed by Ordinance 026255, and the 1,177- square feet of 10' wide utility easement out of Lot 1 B, Block 221, Port Aransas Cliffs, being abandoned and vacated. 2) Owner is required to replat the property. 3) Upon approval from Council and issuance of the ordinance, all grants of easement closures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to Building Permit approval of construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. 4) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval; however, the Director of Development Services may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. REQUESTED BY: B.A. Holly, I OP, Director of Development Services DATE: H C�C?" APPROVED: DATE: EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A 1,177- SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF LOT 1B, BLOCK 221, PORT ARANSAS CLIFFS; APPROXIMATELY 2,500 FEET SOUTH OF DODDRIDGE STREET AND 400 FEET EAST OF SANTA FE STREET; REQUIRING THE OWNER, DR. DARREL FERRIS, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is 1,177- square foot portion of a 10 -foot wide utility easement out of Lot 1B, Block 221, Port Aransas Cliffs, as recorded in Volume 45, Page 201, Map Records Nueces County, Texas, that the owner, Dr. Darrel Ferris, (Owner), wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 1,177- square foot portion of a 10 -foot wide utility easement out of Lot 1B, Block 221, Port Aransas Cliffs, as recorded in Volume 45, Page 201, Map Records Nueces County, Texas is abandoned and vacated for public use as utility easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: Owner is to pay a fair market value fee of $956.00 for the net difference (765 sq. ft. x $2.50 per /sq. ft .x 50% discount) between the abandonment and dedication of easement rights -of -way. The 765 - square feet is the total net square footage between the 1,880- square feet of easement proposed to be dedicated and the combined 1,468- square feet of the 13 -foot wide utility easement that was closed by Ordinance 026255, and the 1,177- square feet of 10' wide utility easement out of Lot 1B, Block 221, Port Aransas Cliffs, being abandoned and vacated. 2. Owner is required to replat the property. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded at Owner's expense in the real property records of Nueces County, Texas. Prior to Building Permit approval of construction, an up- to -date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval; however, the Director of Development Services may H: ALEG- DIRUoseph \ORD- TiniE2- ay.doc extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. 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 26th day of July, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved Ju /D , 2005 By: JosephiMarney Assistant City Attorney For City Attorney 14 \LFG- DIR\Joseph \ORD- TimE2- ay.doc Henry Garrett Mayor Corpus Christi, Texas day of , 2005 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: IfWe, 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, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H \LEG - DIR\Joseph \ORD- TimE2 -ay. doc LOCATION MAP EASEMENT CLOSURE BLOCK 221, PORT ARANSAS CLIFFS DR. DARREL FERRIS - APPLICANT Prepwed by. Bass & Welsh Engineering 3054 So. Alameda St. Corpus Christi, Tx. 78404 (361) 882 -5521 (phone) (361) 862 -1265 (fax) Job No: 05014 Scale: 1"=1000' Dote: 6 -03 -05 Drawing No: 05014F Plotsco/e: 1 =1 Sheet 1 of 2 O X0.3434 -"- --- __a1 58 569.30' L=117.13' — Fnd 5 8" I.R. \\ \\ \`\\ `\\\ Vt. A=0'34'51" Z I R= 11669.20' T= ? .1 Set 5 /8" et 5/8" I -R. CB= N38'41'50 "W Iw Iw CH= 118.19' 0 Point of Beginning O 10 — � o AREA OF CLOSURE 1177 S.F. 0.027 AC. Nx. SANTA= N EASEMENT CLOSURE LOT 1B, BLOCK 221 PORT ARANSAS CLIFFS DR. DARREL L. FERRIS - APPLICANT Prepared by: Boss & We /sh Engineering 3054 So. Alameda St. Corpus Christi, Tx. 78404 (361) 882 -5521 (phone) (361) 882 -1265 (fax) Job No: 05014 Scale: 1"r-50' Date: 5 -20 -05 Drawing No: 05014E Molecule: 1 =1 Sheet 1 of 1 23 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 28, 2005 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a lease with the U.S. Department of Transportation, Federal Aviation Administration, in condsideration of operation and maintenance of outer marker facilities from October 1, 2005 through September 30, 2015; providing for publication. ISSUE: The FAA has been leasing this land since 1974 for avigational outer marker equipment for instrument landings. The City has an easement for the right to use this property for this purpose. No rent is charged for the use of this property which is in the vicinity of Hwy 286 South and County Road 47 at FM 70. The current lease will expire on 9/30/05. REQUIRED COUNCIL ACTION: All Resolutions and Ordinances require Council approval. PREVIOUS COUNCIL ACTION: 4/19/94 (Ord. 021921) - Council approved lease agreement No. DTFA07 -94 -L -01096 in consideration of operation and maintenance of outer marker facilities between the City of Corpus Christi, Texas and the United States of America for a term beginning July 1, 1994 and ending September 30, 2005. 12/18/74 (Ord. 12397) - Council approved the lease agreement No. DOT- FA75SW -1163 for Outer Marker Site, RW 35 between the City of Corpus Christi, Texas and the United States of America for a term beginning September 9, 1874 and ending June 30, 1994. FUNDING: N/A CONCLUSION AND RECOMMENDATION: Staff recommends approval of item as presented. Department Head Sign Lure Attachments: ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A LEASE WITH THE U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, IN CONSIDERATION OF OPERATION AND MAINTENANCE OF OUTER MARKER FACILITIES FROM OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2015; AND PROVIDING FOR PUBLICATION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a lease with the U.S. Department of Transportation, Federal Aviation Administration in consideration of operation and maintenance of Outer Marker facilities from October 1, 2005 through September 30, 2015, all as more fully set forth in the lease, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2005, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney Melody Cooper Jerry Garcia John E. Marez Jesse Noyola Mark Scott Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2005, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney Melody Cooper Jerry Garcia John E. Marez Jesse Noyola Mark Scott Bill Kelly APPROVED AND PASSED on this day of , 2005. ATTEST: Armando Chapa, City Secretary Henry Garrett, Mayor APPROVED: day of 'tp , 2005. MARY KAY FISCHER, CITY ATTORNEY BY: P hn P. Burke, Jr. ssistant City Attorney Lease DTFASW -06 -L -00045 Outer Marker and Access Road Corpus Christi, Texas LEASE Between THE UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION and CITY OF CORPUS CHRISTI, TEXAS THIS LEASE is hereby entered into by the CITY OF CORPUS CHRISTI, TEXAS whose address is PO Box 9277, Corpus Christi, Texas 78469 hereinafter referred to as the Lessor and the UNITED STATES OF AMERICA, hereinafter referred to as the Government. This lease shall be effective when it is fully executed by all parties. The terms and provisions of this lease, and the conditions herein, bind the Lessor and the Lessor's heirs, executors, administrators, successors, and assigns. WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. PREMISES: The Lessor hereby leases to the Govemment the following described property, hereinafter referred to as the premises, VIZ: OUTER MARKER AND ACCESS ROAD (OM) Being an irregular shaped tract of land out of the North 1/2 of Section 11, Laureles Farm Tracts as shown by map of record in Volume 3, Page 15, Nueces County, Texas, Map Records, and being out of that certain tract of land in the name of E.R. Russell as described in Volume EXHIBIT A Lease No. DTFASW -06 -L -00045 Outer Marker and Access Road Corpus Christi, Texas 317, Page 15, Deed Records, Nueces County, Texas, said tract of land being more particularly described by metes and bounds as follows: Beginning at an axle set in the centerline of 40 -foot wide County Road No. 47 which marks the Southeast comer of the North J/2 of said Section 11, Laureles Farm Tracts; Thence S89 °50'30 "W a distance of 20.0 feet to a point in the West Right -of -Way line of said County Road No. 47 for the Southeast and beginning corner of the herein described tract of land; Thence continue S89 °50'30 "W a distance of 2338.40 feet along the south line of the North 1/2 of said Section 11 to a 1" iron pipe set for the Southwest corner of this tract; Thence N0 °09' 15 "W a distance of 80.0 feet to a 1" iron pipe set for the Northwest corner of this tract; Thence N89 °50'30 "E a distance of 50.0 feet along a line that is 80.0 feet North of and parallel to the South line of the North 'A of said Section 11 to a 1" iron pipe; Thence S0 °09' 15 "E a distance of 50.0 feet to a 1" iron pipe set for an interior corner of this tract; Thence N89°50'30"E a distance of 2288.40 feet along a line that is 30.0 feet North of and parallel to the South line of the North '/z of said Section 11 to a 1" iron pipe set in the West Right -of -Way line of said County Road No. 47; Thence S0 °09' 15 "E a distance of 30.0 feet along the West Right -of -Way line of said County Road No. 47 to the place of beginning and containing 72,652 square feet or 1.668 acres. As more particularly shown on drawing dated August 30, 1974, marked Exhibit "A" attached hereto and made a part hereof. A. Together with a right -of -way for ingress to and egress from the premises; a right -of -way for establishing and maintaining a pole line or pole lines for extending electric power and/or telecommunication lines to the premises; and a right -of -way for subsurface power, communication and/or water lines to the premises; all rights -of -way to be over the said lands and adjoining lands of the Lessor, and unless herein described otherwise, to be by routes reasonably determined to be the most convenient to the Government. B. And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of Government facilities. C. And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures or signs so placed in or upon, or attached to the said premises shall be and remain the property of the Government. 2 Lease No. DTFASW -06 -L -00045 Outer Marker and Access Road Corpus Christi, Texas 2. TERM: To have and to hold, for the terrrt commencing on October 1, 2005 and continuing through September 30, 2015 inclusive, PROVIDED, that adequate appropriations are available from year to year for the payment of rentals. 3. CONSIDERATION: The Government shall pay the Lessor no monetary consideration in the form of rental, it being mutually agreed that the rights extended to the Government herein are in consideration of the obligation assumed by the Government in its establishment, operation, and maintenance of the Outer Marker facilities upon the premises hereby leased. 4. CANCELLATION: The Government may terminate this lease, in whole or in part, if the Real Estate Contracting Officer (RECO) determines that a termination is in the best interest of the Government. The RECO shall terminate by delivering to the Lessor a written notice specifying the effective date of the termination. The termination notice shall be delivered by registered mail, return receipt requested and mailed at least 30 days before the effective termination date. 5. NON - RESTORATION: It is hereby agreed between the parties, that upon termination of its occupancy, (due to termination or expiration of the lease), the Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is the subject matter of this lease. It is further agreed the Government may abandon in place any or all of the structures and equipment installed in or located upon said property by the Government during its tenure. Such abandoned equipment shall become the property of the Lessor. Notice of abandonment will be conveyed by the Government to the Lessor in writing. 6. INTERFERENCE WITH GOVERNMENT OPERATIONS: The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature on the site or adjoining land within the airport boundaries that may interfere with the proper operation of the facilities installed by the Government under the terms of this lease unless consent hereto shall first be secured from the Government in writing. 3 Lease No. DTFASW- 06- Lr00045 Outer Marker and Access Road Corpus Christi, Texas 7 . FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES: The Lessor agrees that any relocation, replacement, or modification of any existing or future Government facilities covered by this lease during its term or any renewal thereof made necessary by airport improvements or changes which in the Government's opinion interfere with the technical and/or operational characteristics of the Government's facilities will be at the expense of the Lessor, except when such improvements or changes are made at the written request of the Government. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the Lessor 8. CONTRACT DISPUTES: All contract disputes arising under or related to this contract shall be resolved under this clause, and through the Federal Aviation Administration (FAA) Office of Dispute Resolution for Acquisition (ODRA). Said disputes shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. The decision of the FAA shall be considered a final agency decision only after a Lessor has exhausted their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution System. A contract dispute shall be made in writing and signed by a Lessor or duly authorized representative of the Lessor and submitted to the RECO, that it is disputed either as to liability or amount. Submission shall be within two years of the accrual of the contract claim involved. The RECO's decision concerning the contract dispute shall be binding on the parties unless the Lessor appeals the matter to the FAA ODRA. The RECO, upon request, will provide information relating to submitting a dispute. 9. OFFICIALS NOT TO BENEFIT: No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. 10. COVENANT AGAINST CONTINGENT FEES: The Lessor warrants that no person or agency has been employed or retained to solicit or obtain this lease upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul 4 Lease No. DTFASW -06 -L -00045 Outer Marker and Access Road Corpus Christi, Texas this lease without liability or, in its discretion, to deduct from the lease consideration, or otherwise recover the full amount of the contingent fee. 11. QUIET ENJOYMENT: The Lessor warrants that they have good and valid title to the premises, and rights of ingress and egress, and warrants and covenants to defend the Government's use and enjoyment of said premises against third party claims. 12. HOLDOVER: If after the expiration of the lease, the Government shall retain possession of the premises, the lease shall continue in force and effect on a month -to -month basis. Rent shall be paid in accordance with the terms of the lease, in arrears on a prorated basis, at the rate paid during the lease term. This period shall continue until the Government shall have signed a new lease with the Lessor, acquired the property in fee or vacated the leased premises. 13. ANTI- KICKBACK: The Anti- Kickback Act of 1986 (41 U.S.C. 51 -58) (the Act), prohibits any person from (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any kickback in the lease price charged by a Lessor to the United States or in the lease price charged by a subcontractor to a prime Contractor or higher tier subcontractor. 14. ASSIGNMENT OF CLAIMS: Pursuant to the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C., the Lessor may assign their rights to be paid under this lease. 15. NOTIFICATION OF CHANGE OF LAND TITLE: If the Lessor sells or otherwise conveys to another party or parties any interest in the aforesaid land, rights of way thereto, and any areas affecting said demised premises, they shall immediately notify the Government, in writing, of any such transfer or conveyance affecting the demised premises within 30 calendar days after completion of the `change in property rights." Concurrent with the written notification, the Lessor shall provide the Government copies of the notification, the Lessor shall provide the Government copies of the legal document(s) (acceptable to local authorities) for transferring and or conveying the property rights. 5 Lease No. DTFASW -06 -L -00045 Outer Marker and Access Road Corpus Christi, Texas 16. SUBORDINATION, NONDISTURBANCE AND ATTORNMENT: The FAA agrees, in consideration of the warranties herein expressed, that this lease is subject and subordinate to any and all recorded deeds of trust, mortgages, and other security instruments now or hereafter imposed upon the premises, so long as such subordination shall not interfere with any right of the Government under this lease. It is mutually agreed that this subordination shall be self- operative and that no further instrument shall be required to effect said subordination. In the event of any sale of the premises, or any portion thereof, or any such transfer of ownership, by foreclosure of the lien of any such security instrument, or deed provided in lieu of foreclosure, the FAA will be deemed to have attorned to any purchaser, successor, assigns, or transferee. The succeeding owner will be deemed to have assumed all rights and obligations of the Lessor under this lease, establishing direct privity of estate and contract between the Government and said purchasers/transferees, with the same force, effect and relative priority in time and right as if the lease had initially been entered into between such purchasers or transferees and the Government; provided that such transferees shall promptly provide, following such sale or transfer, appropriate documentation deemed necessary by the Real Estate Contracting Officer, and shall promptly execute any instrument, or other writings, as shall be deemed necessary to document the change in ownership. 17. EXAMINATION OF RECORDS: The Comptroller General of the United States, the Administrator of the FAA or a duly authorized representative of either shall, until three years after final payment under this contract have access to and the right to examine any of the Lessor's directly pertinent books, documents, paper, or other records involving transactions related to this contract. 18. LEASE SUCCESSION: This lease supersedes Lease DTFA07 -94 -L -01096 and all other previous agreements between the parties for the leased property described in this document. 6 Lease No. DTFASW -06-L -00045 Outer Marker and Access Road Corpus Christi, Texas 19. NOTICES: All notices/correspondence shall be in writing, reference the lease number, and be addressed as follows: TO LESSOR: City of Corpus Christi PO Box 9277 Corpus Christi, Texas 78469 TO GOVERNMENT: Department of Transportation Federal Aviation Administration Property and Services Branch, ASW -54 Fort Worth, TX 76193 114 WITNESS WHEREOF, the parties have signed their names: CITY OF CORPUS CHRISTI, TEXAS BY: DATE: TITLE: THE UNITED STATES OF AMERICA BY: Z_P . A_ DATE: S "GS GLEN D. BATTS TITLE: CONTRACTING OFFICER 7 Lease No. DTFASW -06 -L -00045 Outer Marker and Access Road Corpus Christi, Texas CORPORATE CERTIFICATE I, , certify that I am the of the Corporation named in the foregoing agreement, that who signed said agreement on behalf of said corporation, was then thereof, that said agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Dated this day of , in the year CORPORATE SEAL Signed by 8 irlt 'CorpusCh istttr�a Q.0* 09•Fi" te, .147fAr0 an/Airy eadO Ala 417 corner g .‘v , 0 Ser.. /1, Zeta ro rm TredS Y OF CORPUS CHRISTI, TEXAS. ARTMENT OF ENGINEERING G AL DEVa.OPMENT. Or W / ASSENT ACQUISITION. It cjup . rery rty evuem Onte JECT:trIatlei CATE ; fettri SCALE CO' BY 08 24 CITY COUNCIL AGENDA MEMORANDUM July 26, 2005 AGENDA ITEM: a. Motion to amend Ordinance amending the Code of Ordinances, City of Corpus Christi, chapter 55 regarding rules and procedures for public access cablecasting prior to second reading to replace "user" with "producer" and clarify schedule provided to cable operators by access user group. b. Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding rules and procedures for public access cablecasting; providing for severance; and providing for publication. ISSUE: The Channel 10 Public Access User Group forwarded requested changes to the Rules and Procedures to the Cable Communications Commission, who concurred with changes. REQUIRED COUNCIL ACTION: Approval of the Ordinance. REVIOUS COUNCIL ACTION: The Rules and Procedures were last amended in October 2004. The franchise was approved in June 2002. CONCLUSION AND RECOMMENDATION: Approval of the Ordinance e) Cai Susan Cable Director, E- Government Services H:\I ,EG -DIR\ Lisa \0220V uIy262005 ( 2ndreadingofftulesandProceduresordinance ). doc BACKGROUND INFORMATION The following changes to the public access rules have been agreed to by the Channel 10 public access user group, Cable Communications Commission, and cable operators: 1 Cosmetic changes: a) replace "user" with "producer ", b) correct capitalization and titles 2 Tape requirement: include labels on face of tape and tape sleeve box 3 Time slot lottery: a) allow applications up until lottery; b) lottery dates now week certain, instead of date certain; c) PAUG board select date 4 Forfeit of monthly time slot:: a) lose monthly time slot if fail to turn tape within first two weeks of new lottery schedule; b) subject to appeal to Commission 5 Programming may not be transmitted that portrays criminal act as being condoned or acceptable behavior. 6 Addition of DVD as allowable format for programming The Channel 10 Public Access User Group proposed two additional changes that were approved by the Commission: 1) allowing nonresident property owners to become public access producers (Time Warner objected to this change, and stated it expanded the scope of public access beyond the original agreement) and 2) removal of program tape date (Time Warner disagreed with this change, and stated the program date provides the viewer with valuable information regarding the timeliness of the program). The Rules and Procedures require cable operators consent to any change which imposes a greater obligation. Staff recommends that the Rules and Procedures be amended as presented in the attached ordinance. H: \LEG -D IR\Li sa \0220UuIy262005 (2ndread ingofRulesandProceduresordinance ).doc AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55 REGARDING RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING; PROVIDING FOR SEVERANCE; AND PROVIDING FOR 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 Editor's note: Set forth herein is Exhibit A to Ord. No. 24929, the Master Cable Services Regulatory Ordinance (referenced in section 55 -302), amended by Ord. No. 025679, § 1, adopted Mar. 23, 2004 and Ord. No. 026008, § 1, adopted Oct. 26, 2004. A uniform style of section designation, paragraphing, and capitalization has been employed so that these provisions, while generally compatible with Code style. may also be distinguishable as an appendage to Ord. No. 24929 codified as Art. XVIII in Ch. 55. SUMMARY OF ROLES /RESPONSIBILITIES /PROCESS Public access users producers: Individuals produce programming for cablecasting following specific participation rules and adhering to production standards. • To obtain a regular weekly or monthly time slot, users producers participate in biannual public access time slot lottery. These are called series users producers. • For random placement of nonrecurring show (i.e., a show that is not regularly produced), users producers submit tapes, which are inserted in available time slots by the PAUG. These are called occasional users producers. Public access user group (PAUG): Users Producers organize themselves according to by -laws, electing among themselves officers and a board of directors. The PAUG conducts a biannual public access time slot 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- producers. The PAUG collects and makes available by to cable operators the schedules and tapes for each channel. The PAUG administers the rules and procedures; users producers may appeal decisions of the PAUG board to the Cable Communications Commission and, after that, to city- seuasil City Council. The PAUG may require series users producers to pay nominal fees to offset minor operational expenses. There may be a separate PAUG for each public access channel. Public Access Changes July 22 2005.DOC Cable operators: Franchised cable operators each provide plug- and -play of public access programming 2 according to the schedule provided by the PAUG. Cable Communications Commission: The sable- semmissien Cable Communications Commission mediates any disputes brought to it by the PAUG. RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING Channel space on public access channels is available free of charge to any adult resident of the City of Corpus Christi in accordance with the following rules and procedures, as adopted by the City Council of the City of Corpus Christi. 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 City Council following recommendation from the sable commission Cable Communications Commission or franchised cable operators in the City of Corpus Christi. § 1 Rules for participation. Users Producers must complete and sign a programming contract. In signing the programming contract, the uses producer warrants that the following rules will be observed: All programs must be produced by a user producer 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. Maximum time to request contributions in a program is five minutes. • No program shall be transmitted that contains copyrighted information for which proper clearance or authorization has not been obtained. No program shall be transmitted that portrays any criminal act as being acceptable or condoned behavior. No program shall be transmitted which contains obscene or indecent material. All programs must include proper program identification as defined in section 4. 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 production requirements. Programs submitted for cablecast must conform to the technical standards and production requirements established for cablecast by the FCC and City of Corpus Christi Public Access Rules. The programs shall not cause the cable operator to be out of compliance with any applicable FCC Technical Standards. Quality: Programs must deliver, in good quality, clear audio and video throughout the entire length of the program. PUBLIC ACCESS CHANGES JULY 22 2005.DOC Format: a. Users Producers must transfer all other formats (including 1/2" Beta, VHS "C ", Super VHS, Reg 8, 3/4 U- Matic, and 1" tapes) to 1/2" VHS (SP speed) tapes, Super VHS tapes, er Consumer DV taper or DVD for cablecasting. All tapes must be rewound to beginning of tape. As new technology changes and formats become more conventional in the consumer markets, additional formats may be added to reflect current market use. The decision to add or delete formats will be made by the Cable Communications Commission based upon a request from an access user group and /or the cable operator(s). 3 Labeling: All user& producers must clearly label tapes on face of the tape and tape sleeve box as follows: a Name of individual producer and organization (if applicable) and telephone number b. Title of the program c Length of the program On the spine of the tape: a. Title of the program Identification: Only one program may be recorded on a tape. a. There must be either 60 seconds of color bars followed by 10 seconds of black or 60 seconds of black at the beginning of your program. b. There must be 60 seconds of black at the end of your program. c. Programs must include the program identification as defined in section 4. Length: a. All one -hour programs must be 59 minutes in length. b. All half -hour programs must be 29 minutes in length. c. Occasional programming beyond 59 minutes (such as high school sporting events) may be shown pursuant to rules established by the Cable Communications Commission with consent of the cable operators. 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 producers. PUBLIC ACCESS CHANGES JULY 22 2005.DOC 4 Time slots: Series programs are given a regular weekly or monthly time slot. Time slots are awarded during the semi - annual time slot lottery. Conflicts on requests for time slots will be submitted to the sable semmissien Cable Communications Commission for arbitration. Each use producer 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 use producer may substitute another program in place of the repeat program. Application: No later than the night of the bi- annual time slot lottery each producer must submit a completed public access cablecastinq application to their respective access users group including the following items: a. User's Producers name b Program name c. Length of the program d. Frequency (weekly or monthly) The PAUG Board of Directors will provide copies of applications to the Cable Operators no later than two weeks after the time slot lottery is conducted. e Access channel (10 or 18) (Note: An individual use producer or organization 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 lettery- Lotteries and schedules: There are two lottery periods. The spring lottery period begins the first Sunday in June through the day preceding the first Sunday in December. The fall lottery period begins the first Sunday in December through the day preceding the first Sunday in June. Users Producers will attend the time slot lottery as noted in a. and b. below. Lotteries will be conducted as follows: a. The spring lottery is conducted enthe fetwth-Thufeday-ifi-April in the last week of April with the new time slots actually beginning on the first Sunday in June. The PAUG Board of Directors shall determine the day and time of the lottery. b. The fall lottery is conducted in the last week of October with the new time slots actually beginning on the first Sunday in December, - _ _ _ _ • - - .. , The PAUG Board of Directors shall determine the day and time of the lottery. .., The public access time schedule will be broken into 30- minute intervals. PUBLIC ACCESS CHANGES JULY 22 2005 . DOC Each User producer will draw a selection number randomly, with the lowest number having the first choice of time slots and continuing until all numbers are issued. 5 The selection numbers will be determined by random selection Based on selection numbers, each User; producer one -by -one, selects an available time slot. After all Users producers select time slots for their first -run shows, those requesting a repeat showing will then select their time slots in same order as the initial time slots were selected, not to exceed one repeat per show. A program may be broadcast as an original in subsequent 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. Public access for occasional Users producers. Single time slots of lengths as noted above in section 2, Length, will be available for occasional users producers on a first -come, first -served basis. Occasional users producers must complete a public access cablecasting application no later than two weeks prior to the desired cablecasting date and comply with all rules set forth herein. First -come, first -served is determined upon receipt by the 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 program may be broadcast as an original in subsequent lottery periods. No programs will be scheduled during holidays. Forfeit of time slot. If a series producer fails to supply tapes for two consecutive weeks for a weekly program, the producer forfeits the time slot for the remainder of that lottery period and the program shall be removed from the schedule for the remainder of the lottery period by the PAUG Board of Directors. A series producer of a monthly program must supply a tape for turn in to the Cable Operator within the first two (2) weeks after the beginning of the new lottery schedule or forfeit the time slot for the remainder of that lottery period or the program shall be removed from the schedule by the PAUG Board of Directors. After that, if a producer fails to supply a tape for a monthly program during the first two (2) weeks of scheduled airing, the producer forfeits the time slot for the remainder of that lottery period. The decision to remove a program from the schedule may be appealed by the producer by submitting an appeal in writing to Office of the City Secretary for the Cable Communications Commission. § 4 Defined terms. Access user group -- As set forth in the City Code of Ordinances, section 2 -183, membership of the access user group may be composed of any individuals who are residents of the city as well as representatives of community, public interest, or neighborhood, notwithstanding any other provision, representatives of the cable operator may be members of the access user group. Access user groups PUBLIC ACCESS CHANGES JULY 22 2005.DOC 6 are organized separately and independently from the city and are not boards, commissions, committees or any other subdivision of the city. One access user group may be established for each public access channel. Each producer 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 programming -- means programming taped in the Corpus Christi region, or pertaining to locally specific issues, or pertaining to local residents. Program identification -- The tag at the beginning and end of the program must bear the user producer name, and title of program as it appears on the user producer 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. Public access time allocated schedule -- The block of time slots allocated to each public access channel that are available and are allocated by lottery during the semi - annual time slot renewal period. The block of time will be determined by each PAUG by calculating the number of users producers and programming hours for all shows including repeats. The intent is to develop a block of time slots that provide for consecutive programming, without gaps in the programming schedule. Repeat program -- A program which was previously aired on any public access channel. Semi - annual time slot renewal period -- A period beginning April and October of each year, during which all who wish to request a series for the upcoming six months must submit an application. Series -- A locally produced public access show from a single use producer. A series can be either weekly or monthly. User Producer -- 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- seuncil City Council following recommendation from the cable semrnissien Cable Communications 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 writing, the city and the cable operator shall thereafter meet and negotiate an amendment reasonably acceptable to all parties. In no event shall any amendment imposing greater obligations or restricting the rights of any cable operator become effective without the written consent of that cable operator. PUBLIC ACCESS CHANGES JULY 22 2005.DOC § 6 Violation of rules. The Channel 10 Access User Group Board of Directors will receive and investigate complaints concerning violations of the above rules on Channel 10. The Channel 18 Access User Group Board of Directors will receive and investigate complaints concerning violations of the above rules on Channel 18. a. Violations of Section 1 7 No program will be permitted to air over the public access channels if a user producer or program violates one or more of the rules identified in section 1. The access user group will inform the user producer who produced the program that is the subject of the complaint of the specific Section 1 rule that has been violated and of the complaining party's name and contact information, if a complaint has been received from an individual or group. If a Section 1 rule has been violated, the Access User Group Board of Directors will mail written notice of the violation to the user-producer. The notification letter shall be sent to both the individual user producer and the group, organization or entity which an entity purports to represent, if there is a different contact person, via certified mail, return receipt requested, to the address provided in the application. The ucer producer may appeal the decision of the Access User Group Board of Directors to the cable Cable Communications Commission by physically delivering to the city secretary's office a written notice of appeal on or before eight (8) calendar days from the date the notification letter was mailed. The • Cable Communications Commission shall hold the hearing for appeal within thirty (30) calendar days from receipt by the city secretary's office of the notice of appeal. The appellant shall have at least three (3) calendar days' notice of the hearing. The access user group, the city, and the appellant may present evidence. The eommiscien Cable Communications Commission shall promptly render its decision. Appeals of commission Cable Communications Commission decision may be made to the cityceunsit City Council in accordance with the procedures specified in the City Charter. If a second adjudicated violation of a Section 1 rule occurs within twelve (12) months after the first adjudicated violation, then the user producer will be ineligible to use the public access channels for thirty (30) days. If the third adjudicated violation of a Section 1 rule occurs within twelve (12) months after the first adjudicated violation, then the user producer shall be ineligible to use the public access channels for one year. Periods of ineligibility to use the public access channels shall commence and removal of a program from the public access channel shall occur after the later of (a) the last day on which a user producer may timely commence an appeal of a decision specified in a notification letter; or (b) the date an appeal is concluded. A program finally determined to be in violation cannot be transmitted again until the violation has been remedied. Neither multiple cablecasts of a single program nor multiple violations of these rules in a single program shall form the basis for more than one adjudicated violation of the above rules. b Violations of Sections 2 or 3 and General Complaints. (1) If a User Producer or Access User Group Board of Directors has an internal complaint not covered by the rules and procedures, or a complaint regarding a violation of rules in Sections 2 or 3, the User Producer or Access User Group Board of Directors shall follow procedures established by their group's certified by -laws. If a complaint is not resolved within seven (7) working days, a QssfProducer or Access User Group Board of Directors shall submit the complaint, by e-mail or delivered in writing, to the Cable Communications Commission, and the item shall be placed on the agenda for the next scheduled Cable Communications Commission meeting. (2) If a User Producer or Access User Group Board of Directors has a complaint regarding a cable provider, that complaint shall be submitted, by email or delivered in writing, within three (3) working days, from a isiser Producer to the Access User Group and then from the Access User Group Board of PUBLIC ACCESS CHANGES JULY 22 2005.DOC 8 Directors to the cable provider within three (3) working days. The cable provider shall respond, by email or delivered in writing, within three (3) working days. If a complaint is not resolved, a WOOF Producer or Access User Group Board of Directors shall submit the complaint by email or delivered in writing to the Cable Communications Commission, and the item shall be placed on the agenda for the next scheduled Cable Communications Commission meeting. (3) If a cable provider has a complaint regarding a user Producer or Access User Group, the cable provider shall submit the complaint, by email or delivered in writing, within three (3) working days to the Access User Group Board of Directors. The access User Group Board of Directors shall submit a response, by email or delivered in writing, the cable operator within seven (7) working days. If a complaint is not resolved within seven (7) working days, the cable provider shall submit the complaint, by email or delivered in writing, to the Cable Communications Commission, and the item shall be placed on the agenda for the next scheduled Cable Communications Commission meeting. 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 its purpose. SECTION 3. 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. PUBLIC ACCESS CHANGES JULY 22 2005.DOC 9 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2005, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John E. Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2005 by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John E. Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the day of , 2005. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED: Chiika ar) , 2005 Lisa Aguilar Assistant City Attorney for City Attorney Public Access Changes July 22 2005.0OC AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55 REGARDING RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING; PROVIDING FOR SEVERANCE; AND PROVIDING FOR 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 Editor's note: Set forth herein is Exhibit A to Ord. No. 24929, the Master Cable Services Regulatory Ordinance (referenced in section 55 -302), amended by Ord. No. 025679, § 1, adopted Mar. 23, 2004 and Ord. No. 026008, § 1, adopted Oct. 26, 2004. A uniform style of section designation, paragraphing, and capitalization has been employed so that these provisions, while generally compatible with Code style, may also be distinguishable as an appendage to Ord. No. 24929 codified as Art. XVIII in Ch. 55. SUMMARY OF ROLES /RESPONSIBILITIES /PROCESS Public access users producers: Individuals produce programming for cablecasting following specific participation rules and adhering to production standards. • To obtain a regular weekly or monthly time slot, users producers participate in biannual public access time slot lottery. These are called series users producers. • For random placement of nonrecurring show (i.e., a show that is not regularly produced), users producers submit tapes, which are inserted in available time slots by the PAUG. These are called occasional users producers. Public access user group (PAUG): Users Producers organize themselves according to by -laws, electing among themselves officers and a board of directors. • The PAUG conducts a biannual public access time slot 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- producers. • The PAUG collects and makes available by cable operators the schedules and tapes for each channel. • The PAUG administers the rules and procedures; users producers may appeal decisions of the PAUG board to the Cable Communications Commission and, after that, to city- seuncil City Council. • The PAUG may require series users producers to pay nominal fees to offset minor operational expenses. There may be a separate PAUG for each public access channel. Public Access Changes July 2005.DOC FIRST READING VERSION 2 Cable operators: Franchised cable operators each provide plug- and -play of public access programming according to the schedule provided by the PAUG. Cable Communications Commission: The Cable Communications Commission mediates any disputes brought to it by the PAUG. RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING Channel space on public access channels is available free of charge to any adult resident of the City of Corpus Christi in accordance with the following rules and procedures, as adopted by the City Council of the City of Corpus Christi. 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 City Council following recommendation from the sable GaR1411iecion Cable Communications Commission or franchised cable operators in the City of Corpus Christi. § 1 Rules for participation. Users Producers must complete and sign a programming contract. In signing the programming contract, the user warrants that the following rules will be observed: AD 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. Maximum time to request contributions in a program is five minutes. No program shall be transmitted that contains copyrighted information for which proper clearance or authorization has not been obtained. No program shall be transmitted that portrays any criminal act as being acceptable or condoned behavior. No program shall be transmitted which contains obscene or indecent material. All programs must include proper program identification as defined in section 4. 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 production requirements. Programs submitted for cablecast must conform to the technical standards and production requirements established for cablecast by the FCC and City of Corpus Christi Public Access Rules. The programs shall not cause the cable operator to be out of compliance with any applicable FCC Technical Standards. Quality: Programs must deliver, in good quality, clear audio and video throughout the entire length of the program. PUBLIC ACCESS CHANGES JULY 2005.DOC 3 Format: a. Users Producers must transfer all other formats (including 1/2" Beta, VHS "C ", Super VHS, Reg 8, 3/4 U- Matic, and 1" tapes) to 1/2" VHS (SP speed) tapes, Super VHS tapes, er Consumer DV tape, or DVD for cablecasting. b. All tapes must be rewound to beginning of tape. c. As new technology changes and formats become more conventional in the consumer markets, additional formats may be added to reflect current market use. The decision to add or delete formats will be made by the Cable Communications Commission based upon a request from an access user group and /or the cable operator(s). Labeling: All users producers must clearly label tapes on face of the tape and tape sleeve box as follows: a Name of individual producer and organization (if applicable) and telephone number b Title of the program Length of the program On the spine of the tape: a. Title of the program b. Time slot number (as determined by time slot lottery) Identification: Only one program may be recorded on a tape. a. There must be either 60 seconds of color bars followed by 10 seconds of black or 60 seconds of black at the beginning of your program. b. There must be 60 seconds of black at the end of your program. c. Programs must include the program identification as defined in section 4. Length: a. All one -hour programs must be 59 minutes in length. b. All half -hour programs must be 29 minutes in length. c. Occasional programming beyond 59 minutes (such as high school sporting events) may be shown pursuant to rules established by the Cable Communications Commission with consent of the cable operators. 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 producers. PUBLIC ACCESS CHANGES JULY 2005.DOC 4 Time slots: Series programs are given a regular weekly or monthly time slot. Time slots are awarded during the semi - annual time slot lottery. Conflicts on requests for time slots will be submitted to the sable commission Cable Communications Commission for arbitration. Each user producer 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 producer may substitute another program in place of the repeat program. Application: No later than the night of the bi- annual time slot lottery each producer must submit a completed public access cablecasting application to their respective access users group including the following items: a User's Producer's name Program name c Length of the program d. Frequency (weekly or monthly) The PAUG Board of Directors will provide copies of applications to the Cable Operators no later than two weeks after the time slot lottery is conducted. e. Access channel (10 or 18) (Note: An individual use producer or organization 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 lottery- Lotteries and schedules: There are two lottery periods. The spring lottery period begins the first Sunday in June through the day preceding the first Sunday in December. The fall lottery period begins the first Sunday in December through the day preceding the first Sunday in June. Users Producers will attend the time slot lottery as noted in a. and b. below. Lotteries will be conducted as follows: a. The spring lottery is conducted on the in the last week of April with the new time slots actually beginning on the first Sunday in June. The PAUG Board of Directors shall determine the day and time of the lottery. b. The fall lottery is conducted in the last week of October with the new time slots actually beginning on the first Sunday in December, The PAUG Board of Directors shall determine the day and time of the lottery. The public access time schedule will be broken into 30- minute intervals. ..• PUBLIC ACCESS CHANGES JULY 2005.DOC 5 Each user producer will draw a selection number randomly, with the lowest number having the first choice of time slots and continuing until all numbers are issued. The selection numbers will be determined by random selection Based on selection numbers, each user, one -by -one, selects an available time slot. After all users producers select time slots for their first -run shows, those requesting a repeat showing will then select their time slots in same order as the initial time slots were selected, not to exceed one repeat per show. A program may be broadcast as an original in subsequent 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. Public access for occasional users producers Single time slots of lengths as noted above in section 2, Length, will be available for occasional usero producers on a first -come, first - served basis. Occasional users producers must complete a public access cablecasting application no later than two weeks prior to the desired cablecasting date and comply with all rules set forth herein. First -come, first - served is determined upon receipt by the 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 program may be broadcast as an original in subsequent lottery periods. No programs will be scheduled during holidays. Forfeit of time slot. If a series producer fails to supply tapes for two consecutive weeks for a weekly program, the producer forfeits the time slot for the remainder of that lottery period and the program shall be removed from the schedule for the remainder of the lottery period by the PAUG Board of Directors. A series producer of a monthly program must supply a tape for tum in to the Cable Operator within the first two (2) weeks after the beginning of the new lottery schedule or forfeit the time slot for the remainder of that lottery period or the program shall be removed from the schedule by the PAUG Board of Directors. After that, if a producer fails to supply a tape for a monthly program during the first two (2) weeks of scheduled airing, the producer forfeits the time slot for the remainder of that lottery period. The decision to remove a program from the schedule may be appealed by the producer by submitting an appeal in writing to Office of the City Secretary for the Cable Communications Commission. § 4 Defined terms. Access user group -- As set forth in the City Code of Ordinances, section 2 -183, membership of the access user group may be composed of any individuals who are residents of the city as well as representatives of community, public interest, or neighborhood, notwithstanding any other provision, representatives of the cable operator may be members of the access user group. Access user groups PUBLIC ACCESS CHANGES JULY 2005 . DOC 6 are organized separately and independently from the city and are not boards, commissions, committees or any other subdivision of the city. One access user group may be established for each public access channel. Each user is entitled to vote on all matters pertaining to establishment of access user group bylaws and election of officers. Commercial programming -- 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 programming -- means programming taped in the Corpus Christi region, or pertaining to locally specific issues, or pertaining to local residents. Program identification -- The tag at the beginning and end of the program must bear the user producer 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. Public access time allocated schedule -- The block of time slots allocated to each public access channel that are available and are allocated by lottery during the semi - annual time slot renewal period. The block of time will be determined by each PAUG by calculating the number of users producers and programming hours for all shows including repeats. The intent is to develop a block of time slots that provide for consecutive programming, without gaps in the programming schedule. Repeat program -- A program which was previously aired on any public access channel. Semi - annual time slot renewal period -- A period beginning April and October of each year, during which all who wish to request a series for the upcoming six months must submit an application. Series -- A locally produced public access show from a single user producer. A series can be either weekly or monthly. Use Producer— 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 City Council following recommendation from the sable cemmissien Cable Communications 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 writing, the city and the cable operator shall thereafter meet and negotiate an amendment reasonably acceptable to all parties. In no event shall any amendment imposing greater obligations or restricting the rights of any cable operator become effective without the written consent of that cable operator. PUBLIC ACCESS CHANGES JULY 2005.DOC 7 § 6 Violation of rules. The Channel 10 Access User Group Board of Directors will receive and investigate complaints concerning violations of the above rules on Channel 10. The Channel 18 Access User Group Board of Directors will receive and investigate complaints concerning 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 producer or program violates one or more of the rules identified in section 1. The access user group will inform the user producer who produced the program that is the subject of the complaint of the specific Section 1 rule that has been violated and of the complaining party's name and contact information, if a complaint has been received from an individual or group. If a Section 1 rule has been violated, the Access User Group Board of Directors will mail written notice of the violation to the user-producer. The notification letter shall be sent to both the individual user producer and the group, organization or entity which an entity 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 producer may appeal the decision of the Access User Group Board of Directors to the sable Cable Communications Commission by physically delivering to the city secretary's office a written notice of appeal on or before eight (8) calendar days from the date the notification letter was mailed. The Cable Communications Commission shall hold the hearing for appeal within thirty (30) calendar days from receipt by the city secretary's office of the notice of appeal. The appellant shall have at least three (3) calendar days' notice of the hearing. The access user group, the city, and the appellant may present evidence. The commission Cable Communications Commission shall promptly render its decision. Appeals of commission Cable Communications Commission decision may be made to the eityoeuunsi4 City Council in accordance with the procedures specified in the City Charter. If a second adjudicated violation of a Section 1 rule occurs within twelve (12) months after the first adjudicated violation, then the user producer will be ineligible to use the public access channels for thirty (30) days. If the third adjudicated violation of a Section 1 rule occurs within twelve (12) months after the first adjudicated violation, then the user producer shall be ineligible to use the public access channels for one year. Periods of ineligibility to use the public access channels shall commence and removal of a program from the public access channel shall occur after the later of (a) the last day on which a ueef producer may timely commence an appeal of a decision specified in a notification letter; or (b) the date an appeal is concluded. A program finally determined to be in violation cannot be transmitted again until the violation has been remedied. Neither multiple cablecasts of a single program nor multiple violations of these rules in a single program shall form the basis for more than one adjudicated violation of the above rules. b. Violations of Sections 2 or 3 and General Complaints. (1) If a User Producer or Access User Group Board of Directors has an internal complaint not covered by the rules and procedures, or a complaint regarding a violation of rules in Sections 2 or 3, the User Producer or Access User Group Board of Directors shall follow procedures established by their group's certified by -laws. If a complaint is not resolved within seven (7) working days, a User or Access User Group Board of Directors shall submit the complaint, by e-mail or delivered in writing, to the Cable Communications Commission, and the item shall be placed on the agenda for the next scheduled Cable Communications Commission meeting. (2) If a User Producer or Access User Group Board of Directors has a complaint regarding a cable provider, that complaint shall be submitted, by email or delivered in writing, within three (3) working days, from a User to the Access User Group and then from the Access User Group Board of Directors to the PUBLIC ACCESS CHANGES JULY 2005.DOC 8 cable provider within three (3) working days. The cable provider shall respond, by email or delivered in writing, within three (3) working days. If a complaint is not resolved, a User or Access User Group Board of Directors shall submit the complaint by email or delivered in writing to the Cable Communications Commission, and the item shall be placed on the agenda for the next scheduled Cable Communications Commission meeting. (3) If a cable provider has a complaint regarding a User Producer or Access User Group, the cable provider shall submit the complaint, by email or delivered in writing, within three (3) working days to the Access User Group Board of Directors. The access User Group Board of Directors shall submit a response, by email or delivered in writing, the cable operator within seven (7) working days. If a complaint is not resolved within seven (7) working days, the cable provider shall submit the complaint, by email or delivered in writing, to the Cable Communications Commission, and the item shall be placed on the agenda for the next scheduled Cable Communications Commission meeting. 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 its purpose. SECTION 3. 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. PUBLIC ACCESS CHANGES JULY 2005.DOC 9 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2005, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John E. Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2005 by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John E. Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the day of , 2005. ATTEST: Armando Chapa Samuel L. Neal, Jr. City Secretary jj Mayor APPROVED: .. s / Z , 2005 Lisa Aguilar Assistant City Attorney for City Attorney Public Access Changes July 2005.DOC 25 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 7/19/2005 AGENDA ITEM: AMENDING THE CODE OF ORDINANCES BY REVISING SECTION 39- 301 DEFINITIONS; REVISING SECTION 39 -303, STANDARD CLASSIFICATIONS, PAY PLANS, PAY GRADES, AND RANGES, AS AMENDED; AND PROVIDING FOR PAY ADJUSTMENTS TO RELIEVE PAY COMPRESSION; REVISING SECTION 39 -306 FULL TIME EMPLOYEES; REVISING SECTION 39 -334 PLAN I BEREAVEMENT LEAVE; REVISING SECTION 39 -338 PLAN I USE OF PERSONAL LEAVE AND VACATION IN LIEU OF SICK LEAVE; REVISING SECTION 39 -350 PLAN II BEREAVEMENT LEAVE; REVISING SECTION 39 -353 PLAN II USE OF PERSONAL. LEAVE AND VACATION IN LIEU OF SICK LEAVE :REPEALING ALL OTHER ORDINANCES, AND RULES, 011 PARTS OF ORDINANCES AND RULES, IN CONFLICT WITH ITS ORDINANCE; PROVIDING FOR EFFECTIVE DATE AND PROVIDING FOR SEVERANCE. ISSUE: Implementation of new Classification/Compensation Plan, Phase IV The continuing goal for the City of Corpus Christi is to deliver high quality services with fewer, more qualified, and better compensated employees. Effective August 8, 2005, it is proposed that (1) non- exempt employees in Pay Plan 100 Skill Based Pay System and Pay Plan 900 Non - Exempt (Overtime Eligible) in Section 39 -303 of the City 's Code of Ordinances, be granted a 2.25% pay increase effective August 8, 2005, and (2) pay structure range minimums and maximums in the pay plans described above, be concurrently granted a 2.25% pay increase. Phase IV does not apply to Police and Fire Personnel covered by collective bargaining agreements, unless they are included in the city's compensation plan based on the respective collective bargaining agreements. Attached is a summary of the ongoing progress made in the phased -in implementation of the Classification and Compensation study and the status of development and implementation of Skill -Based Pay (SBP) as a compensation system designed to support reengineering efforts in City departments. A limited Performance- Based/Merit Pay Program is proposed for FY 2005 -2006 for exempt employees in Pay Plan 300 Police & Fire Managerial, Pay Plan 400 Executives, Pay Plan 500 (a) Exempt (Overtime Ineligible Legal/Attorneys), Pay Plan 500 (b) Non - Exempt (Overtime Eligible Legal /Attorneys), Pay Plan 600 Exempt (Overtime Ineligible) and Pay Plan 1000 Exempt Engineers/Engineering Services (Overtime Ineligible) effective March 6, 2006. Also effective March 6, 2006, employees in Pay Plan 900 Non - Exempt (Overtime Eligible) will be eligible for a one time merit bonus of $100 based on performance. Proposed Revisions to Chapter 39 of the City Of Corpus Christi's Code of Ordinances to Reflect Proposed Pay Increases and Revisions to Language Each year a "housekeeping" Ordinance is prepared for the City Council to: ➢ Revise Pay Plans in Code of Ordinances, Chapter 39, Personnel, Sec. 39- 303, Standard Classifications, Pay Grades, and Ranges, to reflect pay increases, if any, and to include or exclude Council- Appointed positions, as directed by the City Council; ➢ Revise language in Code of Ordinances, Chapter 39, Personnel, if any, to clarify, add, delete, or update administrative rules and provisions related to compensation, classification, benefits, etc. See Background Information Section for proposed revisions. REQUIRED COUNCIL ACTION: Requesting the City Council to approve revisions to the City of Corpus Christi's Code of Ordinances, as amended, Chapter 39, Personnel, for administration of the Compensation & Classification Plan for FY 2005 -2006. CONCLUSION AND RECOMMENDATION: Competitive compensation and benefits package, re- engineering, and implementation of Skill -Based Pay Systems are components that support the City of Corpus Christi's continuing goal to deliver high quality services with fewer, more qualified, and better compensated employees. It is recommended that the City Council approve the proposed revisions to the Code of Ordinances, Chapter 39, Personnel, which support this goal for FY 2005 -2006. _ Cy hia C. Garcia Director of Human Resources BACKGROUND INFORMATION I. Compensation and Classification Study in 2001 -2002 In FY 2002 -2003, the City of Corpus Christi successfully implemented the Compensation & Classification Study conducted in FY 2001 -2002 to meet departmental business objectives, such as: Y Replacing the City's aging, obsolete system; ➢ Attracting and retaining qualified employees; y Supporting re- engineering efforts for the Departments of Water, Wastewater, Storm Water, Gas, Streets, Solid Waste Services, and the Park Maintenance Division through development and implementation of skill -based pay systems; ➢ Providing solutions for citywide compensation issues such as, internal equity of jobs within designated pay grade levels; Designing competitive pay plans; ➢ Providing the Council with an affordable phased -in implementation plan that began FY 2002 -2003 and will continue in FY 2003 -2004 with Phase IV of the Plan in FY 2005 -2006; The City of Corpus Christi's goal is to reach 100% of competitive labor market rate for like positions with a phased -in approach, as guided by annual surveys. II. Phase 1 Implementation in FY 2002 -2003 In FY 2002 -2003, the new Compensation and Classification Plan was implemented. Most employees received a pay increase based on a pay range in each pay plan that was adjusted to reflect a mid -point pay level that was approximately 90% of the competitive labor market rate. In the transition in FY 2002 -2003 of employees into the new Pay Plans, 86% of the implementation dollars went to Non - exempt (overtime eligible) employees largely due to bringing eligible employees up to the minimum of the new pay plan ranges. Other employees received pay adjustments ranging from 1% to 2.3% based on a combination of longevity and location of their pay in the new ranges at time of transition. III. Phase II Implementation in FY 2003 -2004 Effective July 28, 2003, all Pay Plan Structures in Sec. 39 -303 of the City of Corpus Christi's Code of Ordinances received a 3% increase to pay range minimums and midpoints to adjust the structure from 90% to 93% of market, and a 2% increase to maximums needed to maintain market at 100 %. Employees in those Pay Plans were granted a 3% pay increase, except for employees at the maximums of their pay ranges who received a 2% pay increase and remained at the maximum of the range as a result of the increases. Effective December 1, 2003, all Pay Plan Structures in Sec. 39 -303 received a 2% increase to pay range minimums and midpoints to adjust the structure from 90% to 93% of market, and 0% increase to maximums that were adjusted to 100% of market effective July 28, 2003. Employees in those Pay Plans were granted a 2% pay increase, except for employees who had reached the maximums of their pay ranges and had been at 100% of market since July 28, 2003. IV. Phase III Implementation in FY 2004 -2005 Effective July 26, 2004, a 3% pay increase was concurrently implemented as follows: (1) granted to employees assigned to Pay Plan Structures in Section 39 -303 of the City's Code of Ordinances, and (2) granted to minimums and maximums of pay structure ranges to all Pay Plans in Section 39 -303. This increase was applied to Council Appointed Positions. V. Other Issues with Pay and Benefits in FY 2005 -2006 City insurance premiums will increase in August 2005 as the City of Corpus Christi, like employers' nationwide, continue to battle rising medical and prescription drug costs. VI. Proposed Revisions To Chapter 39 of the City of Corpus Christi's Code of Ordinances: a. Revision of Code of Ordinances, Section 39 -303, Standard Classification, pay Grades, and Ranges, to provide for a concurrently granted 2.25% general pay increase to employees in Pay Plan 100 Skill Based Pay System and Pay Plan 900 Non - Exempt Overtime Eligible and pay plan structures for Pay Plan 100 Skill Based Pay System and Pay Plan 900 Non - Exempt Overtime Eligible effective August 8, 2005. b. A limited Performance- Based/Merit Pay Program is proposed for FY 2005 -2006 for employees in Pay Plan 300 Police & Fire Managerial, Pay Plan 400 (Executives), Pay Plan 500 (a) Exempt (Overtime Ineligible Legal /Attorneys), Pay Plan 500 (b) Non - Exempt (Overtime Eligible Legal/Attorneys), Pay Plan 600 Exempt (Overtime Ineligible) and Pay Plan 1000 Exempt Engineers/Engineering Services (Overtime Ineligible) effective March 6, 2006. Pay Plan 700 (a) Non - Exempt (Overtime Eligible) Information Technology and Pay Plan 700 (b) Exempt (Overtime Ineligible) Information Technology will not be covered by this limited performance - based/merit pay program, as these pay plans are being addressed through a competency /skill based program. Also effective March 6, 2006, employees in Pay Plan 900 Non - Exempt (Overtime Eligible) will be eligible for a performance based one time merit bonus of $100. b. Add new Section 39 -303, Subsection K, Pay Adjustments to Relieve Pay Compression, to address salary pay compression/equity issues when there is less than a 5% differential between the base pay of a Work Coordinator of a Skill Based Pay workforce and the highest base pay of a Skill Based Pay sub -zone in the same division. Subsection K authorizes the City Manager to address salary compression problems that may arise due to the amount of pay received by Technicians in SBP when compared with Work Coordinators (supervisors) who are assigned to non -SBP Pay Plans. If not addressed, salary compression problems will likely result in morale and retention issues of otherwise highly skilled and productive employees. There will also be little or no incentive to apply for supervisory jobs. c. Revise Section 39 -301 Definitions to (1) correct the reference to the Family Medical Leave Act to the correct title of the act, Family and Medical Leave Act, and (2) clarify the hours per week. d. Revise Section 39 -334 Plan 1 Bereavement Leave and 39 -350 Plan 11 Bereavement Leave to allow City Manager discretion regarding paid bereavement leave in special cases of relationship not included as eligible family members, and for Plan I employees to clarify "up to" 24 or 36 hours may be granted. e. Revise Section 39 -338 Plan 1 Use of Personal Leave and Vacation in Lieu of Sick Leave and 39 -353 Plan [I Use of Personal Leave and Vacation in Lieu of Sick Leave to reflect a change in the city's Family and Medical Leave Act policy whereby designated FMLA leave will run concurrently with other leave. VII. Status of Skill -Based Pay Development and Implementation in FY 2004 -2005: A. Pilot Project for Stall -Based Pay (SBP) for Water Production Technician (0. N. Stevens Water Plant) and Wastewater Treatment Technician (Wastewater Treatment Plants) Skill -Based Pay Programs support reengineering and the development of multi - skilled workers through rewarding employees who continuously learn and acquire increasingly complex core skills required for a department to meet its business objectives. The Skill -Based Pay (SBP) Pilot Project for Water Production Technician (0. N. Stevens Water Plant) and Wastewater Treatment Technician (all Wastewater Treatment Plants) was implemented on August 11, 2003. This Pilot effort provided opportunities to work through problems and issues to successfully implement and track employees' development. Approximately 90% of SBP training is received on the job. Skill -Based Pay programs reward employees with compensation based on attainment of core skills instead of position titles held. This type of compensation program supports re- engineering through development of highly skilled workers to operate complex facilities, such as the O.N. Stevens Water Plant and the multiple Wastewater Plants in Corpus Christi. Employee compensation is based on attainment of proficiency on sets of skills and meeting other pay advancement criteria, e.g. "Meets Expectations" Performance Evaluation and no disciplinary actions in specified time period. Pay advancements are automatic upon the employee completing all requirements. The Work Management System (MAXIMO) used by the Water and Wastewater Departments is being interfaced with the PeopleSoft Training Module in the City's Human Resources/Payroll System. Work Coordinators (supervisors), Planner /Schedulers, and Skill -Based Pay Coordinators work closely with employees and each other to ensure that training opportunities on required skills will be available. Computerized reports that track on- the -job training progress through Work Orders will facilitate administration of the Skill -Based Pay Program. The City of Corpus Christi's Skill -Based Pay Programs provide career opportunities for local high school or GED graduates to enter a career path, such as a Water Production Technician, Wastewater Treatment Plant Technician, or other titles that will result from continuation of skill - based pay development. Skill -Based Pay offers competitive wages for being multi - skilled in a complex area of City operations. In addition, the City's Pilot Skill -Based Pay System provides for hiring applicants above minimum of the range with demonstrated skills and a valid TCEQ license to operate a Water Production Plant or Wastewater Treatment Plant since skill proficiency determines compensation in a skill -based compensation plan. B. Metro -Com Technician (Police/Fire /EMS Dispatchers) Implemented Effective April 19, 2004 With the pay check of April 19, 2004, the City of Corpus Christi' s Police/Fire/EMS Dispatchers were transitioned from their existing Pay Plan into SBP with the new title of Metro -Com Technician. C. SBP for Water Distribution and Supply and Wastewater Collections, Implementation Effective June 28, 2004, the Water Distribution Technician, Wastewater Collections technician and Water Supply Technician were rolled into the SBP program. D. SBP for Storm Water and Gas Departments Effective February 7, 2005, the Gas Department went live on SBP with three tracks; Gas Construction Technician, Gas Operations and Measurement Technician, and Gas Service Maintenance Technician. The Storm Water Department went live with one track, Storm Water M &O Technician. E. Planned SBP Implementations in FY 2005 -2006 Departments scheduled for SBP in FY 2005 -2006 include: Park Maintenance, Streets and Solid Waste Services. The Facility Maintenance Department, after careful review of its operational functions, high level, specific skills of the employee, and the needs of the employees and the department, has determined that the SBP model would not be the most effective progression system for its area. Other competency based career progression and compensation programs will be evaluated for this department. ORDINANCE AMENDING THE CODE OF ORDINANCES BY REVISING SECTION 39 -301 DEFINITIONS; REVISING SECTION 39 -303, STANDARD CLASSIFICATIONS, PAY PLANS, PAY GRADES, AND RANGES, AS AMENDED; AND PROVIDING FOR PAY ADJUSTMENTS TO RELIEVE PAY COMPRESSION; REVISING SECTION 39 -306 FULL TIME EMPLOYEES; REVISING SECTION 39 -334 PLAN I BEREAVEMENT LEAVE; REVISING SECTION 39 -338 PLAN I USE OF PERSONAL LEAVE AND VACATION IN LIEU OF SICK LEAVE; REVISING SECTION 39 -350 PLAN II BEREAVEMENT LEAVE; REVISING SECTION 39 -353 PLAN II USE OF PERSONAL LEAVE AND VACATION IN LIEU OF SICK LEAVE; REPEALING ALL OTHER ORDINANCES, AND RULES, OR PARTS OF ORDINANCES AND RULES, IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR EFFECTIVE DATE AND PROVIDING FOR SEVERANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39 -301, is amended to read as follows: Sec. 39 -301. Definitions. As used in this Article: City Manager includes the City Manager and his or her designee. ELSA means the federal Fair Labor Standards Act means the federal Family and Medical Leave Act. Full -time employee means any employee who works forty (40) base hours per seven (7) day work period in a regularly budgeted position. Part -time eligible position is one assigned base hours of twenty -five (25) or more per week. Part -time ineligible position is one assigned base hours of less than twenty -five (25) hours per week. Temporary employee means any employee hired for a fixed term or to perform a specific task. SECTION 2. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -303 is amended to read as follows: Sec. 39 -303. Standard Classifications, Pay Grades, and Ranges. (a) Classifications. The classifications of employees of the City will include Pay Plan 100 (Skill -Based Pay); Pay Plan 200 (Temporary/Part- Time); Pay Plan 300 (Police and Fire Managerial Positions that are not covered in Collective Bargaining Agreements or in Executive Pay Plan 400); Pay Plan 400 (Executives); Pay Plan 500 (Legal /Attorney); Pay Plan 600 (FLSA Overtime Exempt); Pay Plan 700 (Information Technology); Pay Plan 900 (FLSA Overtime Eligible), as set forth in this section; Pay Plan 1000 (Engineering related/Engineers) This section does not apply to Police and Fire employees covered by collective bargaining agreements. h) Pay Plan 100. Skill -Based Pay Plan 100 includes pay range structures established for administration of the Citywide Skill -Based Pay System. The City Manager is authorized to add Skill -Based Pay Range Structures and training programs throughout the fiscal year as job titles are consolidated and transitioned from existing pay plans in Chapter 39, Sec_ 39 -303 into Skill -Based Pay Plan 100 The pay grades and ranges for positions in Skill -Based Pay Plan 100 are as follows: Pay Plan 100, Citywide Skill -Based Pay System 3% 2.25% Effective 7'2ir 4/Z044 8/8 /2005 Zone Sub -Zone Grades• 101, 102 104 105, 106 Grade 103 (Metro- Com Technician) 1.0 15,808 16 164 1 1.1 16,125 16,488 26,87527,480 1.2 16,417 16 817 27,681 28 304 1 1.3 17,105 17,490 I 1.4 17,789 18,189 1 1.5 4-87500 18.916 2 2.1 4-93640 20,051 2 -87789 29.437 2 2.2 20,787 21255 2973-64 30,025 2 2.3 _ 22,034 22,530 29,951 30.625 2 2.4 237336 23,882 30,551 31 2 2.5 238 24,757 25,314 31,162 31.863 2 2.6 26,243 26.833 . 4 31,78532.500 2 2.7 27,81828,444 3 3.1 30,013 35,59936,400 30,719 3 3.2 32,447 33 177 39,870 3 3.3 40,767 35,013 35 44655 45.660 831 3 3.4 37,815 38.328 47649 48,721 3 3.5 L 42,388 43,342 2 3.6 3 * 3.7 47,471 48.542 53,812 55 023 * Sub -zone 3.7 applies to grades 101 and 102 only (c) Pay Plan 200. Pay Plan 200 includes hourly temporary positions that are not covered in the FLSA Overtime Eligible Pay Plan 900. The City Manager is authorized to make changes to this pay structure in subparagraphs (1) and (2) below throughout the fiscal year as required, such as for minimum wage changes as required by federal law. The pay grades and ranges for positions in Pay Plan 200 are as follows: Pay Plan 200, Temporary /Part -Time Pay Structure Effective 7/26/2004 Grade Minimum Midpoint Maximum *211 $ 5.15 $ 5.15 $ 5.15 **212 7.00 9.00 11.00 213 7.60 9.68 12.65 214 8.91 11.35 14.22 215 9.70 12.37 15.50 216 11.69 14.90 18.67 * Minimum Wage ** Adjusted to comply with State Law and the pay received by election workers for other local entities. ** *Grades 213 through 216 3°A increase effective 7/26/2004 ( d) Pay Plan 300. Pay Plan 300 will include the management positions that are not covered in the collective bargaining agreements or Pay Plan 400 (Executives). Salary ranges in Police and Fire Managerial Pay Plan 300 will maintain a minimum 5% differential (1) between the range minimum for Police Commanders and Fire Assistant Chiefs in the Police and Fire Managerial Pay Plan 300 and the entry step for Police Captain and Fire District Chief as stated in the applicable contract; and (2) between the range maximum for Police Commanders and Fire Assistant Chiefs in the Police and Fire Managerial Pay Plan 300 and the highest step for Police Captain and Fire District Chief as stated in the applicable contract. The City Manager is authorized to make changes to this pay structure as required throughout the fiscal year to be in compliance with the effective salary ranges adopted in the applicable Police and Fire Collective Bargaining Contracts. The pay grades and ranges for positions in Pay Plan 300 are as follows- 3 Pay Plan 300 Police & Fire Managerial 3% Effective 7 /26/2004 Grade Minimum Midpoint Maximum 311 75,953 81,997 88,041 312 75,953 81,997 88,041 ;e) Pay Plan 400. Pay Plan 400 will include positions at the highest level of decision - making and responsibility. The pay grades and ranges for positions in Pay Plan 400 are as follows • Pay Plan 400 (Executives) 3% Effective 7 /26/2004 Grade Minimum Midpoint Maximum 411 31,813 44406 42,153 56,400 412 34,676 18,076 45,947 61,476 513 413 37,989 52,667 50,335 67,346 38,168 414 41,996 58,223 55,645 74,450 415 46,636 61,657 61 793 82,678 416 52,257 72,418 69239 92,639 417 58,814 81,510 77,929 104,266 418 65,778 41,195 87 156 116,612 419 66,490 107,631 88098 117,872 420 74,332 103,053 98,489 131,775 421 75,166 104,210 99,595 133,254 422 83,318 93,792 95,355 104,266 423 84,975 117,810 112 592 150,645 424 95,355 106,611 108 382 117,872 430 City Manager No Range (t) Pay Plan 500. Pay Plan 500 will include positions focused on delivery of legal services, except those positions in Pay Plan 400 (Executives). The pay grades and ranges for positions in Pay Plan 500 are as follows: Pay Plan 500 (a) Exempt (Overtime Ineligible Legal /Attorneys) 3% Effective 7 /26/2004 Grade Minimum Midpoint Maximum 511 29,071 40,30138.519 51,537 512 31,688 43,93141.986 56,175 513 34,698 48,105 45 975 61,513 514 38,168 52,916 50,573 67,664 4 515 42,177 58,173 55,884 74,770 516 46,817 64- ,907- 62,032 82,997 517 52,202 72,373- 69,168 92,544 518 58,468 81,060 77.470 103,652 61,513 Pay Plan 500 (b) Non- Exempt (Overtime Eligible Legal /Attorneys) 3% Effective 7 /26/2004 Grade Minimum Midpoint Maximum 111 29,071 40,301 38,519 51,537 56,175 612 112 31,688 13,93141.986 113 34,698 18,105 45,975 61,513 114 38,168 52,916 50,573 67,664 115 42,177 58,173 55,884 74,770 116 46,817 61,907 62,032 82,997 117 52,202 72,373 69.168 92,544 118 58,468 849077 470 103,652 (g) Pay Plan 600. Pay Plan 600 will include all positions that may be designated as exempt from overtime under the FLSA except positions in Pay Plan 700 (Information Technology), Pay Plan 500 (Legal /Attorney), Pay Plan 300 (Police and Fire Managerial), and Pay Plan 400 (Executives). The pay grades and ranges for positions in Pay Plan 600 are as follows: Pay Plan 600 Exempt (Overtime Ineligible) 3% Effective 7 /26/2004 Grade Minimum Midpoint Maximum 611 24,683 33,789 32.705 42,895 612 26,658 36,192 35,321 46,326 613 28,924 39,591 38,324 50,264 614 31,528 43,158 41.774 54,789 615 34,523 47,259 45.743 59,995 616 37,976 31,986 50.318 65,995 617 41,965 57,115 55,602 72,925 618 46,581 63,765 61.720 80,949 619 51,938 71,099 68.818 90,259 620 58,171 79,633 77,077 101,095 (h) Pay Plan 700. Pay Plan 700 will include positions focused on providing the information technology infrastructure for the City. The pay grades and ranges for positions in Pay Plan 700 are as follows: 5 Pay Plan 700 (a) Non - Exempt (Overtime Eligible) Information Technology 3% Effective 7/26/2004 Grade Minimum Midpoint Maximum 711 20,892 32 899 31338 44,896 912 712 22,668 35,689 34.002 48,711 813 713 24,708 38,902 37.063 53,095 27,056 714 27,056 42,597 40.584 58,138 29,761 715 29,761 46,858 44,643 63,954 51,778 49.331 716 32,887 51,778 49.331 70,669 57,174 54,757 717 36,505 57,479 54.757 78,443 61,085 61.055 718 40,704 6485- 61,055 87,466 97,962 719 45,589 71,775 68 382 720 51,287 897748 - 76,931 110,209 Pay Plan 700 (b) Exempt Information Technology (Overtime ineligible) 3% Effective 7 /26/2004 Grade Minimum Midpoint Maximum 811 20,892 32,894 31,338 44,896 912 812 22,668 35,689 34,002 48,711 813 24,708 38,902 37,063 53,095 814 27,056 42,597 40,584 58,138 815 29,761 46,8 -58 44 643 63,954 816 32,887 51,778 49.331 70,669 817 36,505 57,174 54,757 78,443 818 40,704 61,085 61.055 87,466 819 45,589 71,775 68,382 97,962 820 51,287 80,748 76,931 110,209 rii Pay Plan 900. Pay Plan 900 will include all employees not classified in another pay plan in this Section Pay Plan 900 will include positions that are not designated as exempt under the FLSA The City Manager will periodically review positions and take corrective action, as required, to assure they are properly classified under the FLSA. The pay grades and ranges for positions in Pay Plan 900 are as follows: Pay Plan 900 Non - Exempt (Overtime Eligible) 2.25% 3% Effective 7,'26/22004 8/08/05 Grade Minimum Midpoutt Maximum 911 15,809 16,165 21,068 20.610 26,327 26.919 912 17,071 17,458 27,271 27.885 22,172 22 259 913 18,525 18 942 24,057 24.150 29,589 30,255 6 914 20,192 20.646 26,223 26.324 38,750 32.979 67,085 615 32,253 915 22,110 22.607 28,713 28 824 82,221 36,111 52,518 71,892 35,316 916 21,321 24.868 31,585 31.707 38,819 39.723 917 26,871 27.479 34,901 35.036 42,927 43.893 918 29,831 30.502 38,710 38,890 47,619 48 721 919 33,261 34.009 43,194 43.362 54.322 53,127 920 37,253 38,091 18,378 48.566 60.842 59,503 921 41,910 42,853 51,125 54.637 66940- 68,446 0) Pay Plan 1000. Pay Plan 1000 will include positions focused on delivery of engineering services, except those in Pay Plan 400 (Executives). The pay grades and ranges for positions in Pay Plan 1000 are as follows: Pay Plan 1000 Exempt Engineers /Engineering Services (Overtime Ineligible) 3% Effective 7/26/2004 Grade Minimum Midpoint Maximum 613 38,750 52,918 67,085 615 42,624 58,349 74,073 616 47,313 64,767 82,221 617 52,518 71,892 91,265 618 58,820 80,519 102,218 % Pay Adjustment to Relieve Pay Compression (1) The City Manager, or designee, may grant a pay adjustment to address salary pay compression/equity issues when there is less that a five percent (5 %) differential between the base pay of a Work Coordinator of a Skill Based Pay workforce and the highest base pay of a Skill Based Pay sub -zone in the same division. SECTION 3. Chapter 39, PERSONNEL, Article 111 Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -306 is amended to read as follows: Sec. 39 -306. Full -time Employees Full -time employees shall work forty (40) base hours per seven (7) day work period in a regularly budgeted position. SECTION 4. Chapter 39, PERSONNEL, Article 1II. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -334 is amended to read as follows: 7 Sec. 39 -334. Plan I Bereavement Leave Upon the employee's request due to the death of an immediate family member, up to twenty - four (24) hours of bereavement leave shall be granted to Plan I employees by the Department Head, or designee, except for Public Safety Officers who work shifts of twenty -four (24) hours on and forty -eight (48) hours off who shall be granted up to thirty -six (36) hours. Immediate family shall include the employee's parents, spouse, children, brothers, sisters, mother -in -law, father -in -law, brothers -in -law, and sister -in -laws, employee's or spouse's grandparents and grandchildren. Exceptions for family relations not identified in this list may be granted by the City Manager on a case by case basis. Employees who receive bereavement leave shall provide a copy of the obituary, or other related documentation, to their department head. SECTION 4. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -338 is amended to read as follows: Sec. 39 -338. Plan I Use of Personal Leave and Vacation in Lieu of Sick Leave When accrued sick leave is exhausted, absence for sickness, injury, or disability shall be automatically charged against the employee's remaining personal leave allowance, if any, and the employee's accrued vacation leave, if any, in that order. Such leave shall be used by the Plan I etnployee until exhausted or until the City's Disability Income Protection Plan coverage begins. Additional leave without pay, as r - 1 *-a combined maximum total of 12 workweek -in-a 12 m nth period, for eligible employ ties as provided in the Family and M- . . Provisions of the Family and Medical Leave Act may also apply. SECTION 5. Chapter 39. PERSONNEL, Article 111. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -350 is amended to read as follows. Sec. 39 -350. Plan H Bereavement Leave Upon the employee's request due to the death of an immediate family member, up to twenty - four (24) hours of bereavement leave shall be granted by the Department Head, or designee, to Plan II employees. Immediate family shall include the employee's parents, spouse, children, brothers, sisters, mother -in -law, father -in -law, brothers -in -law, and sister -in -laws, employee's or spouse's grandparents and grandchildren. Exceptions for family relations not identified in this list may be granted by the City Manager on a case by case basis. Employees who receive bereavement leave shall provide a copy of the obituary, or other r elated documentation, to their department head. SECTION 6. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -353 is amended to read as follows: 8 Sec. 39 -353. Plan II Use of Personal Leave and Vacation in Lieu of Sick Leave When accrued sick leave is exhausted, absence for sickness, injury, or disability in excess of any leave authorized for such reason, shall be automatically charged against the employee's remaining personal leave allowance, if any, and the employee's accrued vacation leave, if any, in that order. Available leave shall be used by the Plan II employee until exhausted. Leave Act may apply. Provisions of the Family and Medical SECTION 7. This Ordinance is effective upon final adoption by the City Council. All Pay Plans within this Ordinance shall become effective August 8, 2005. Adjustments to salary ranges of Pay Plans 100 and 900 within this Ordinance and concurrent pay increases for applicable employees will become effective August 8, 2005 as indicated on individual Pay Plans in Section 39 -303 of the Code of Ordinances. Performance based merit pay for eligible exempt employees will be effective March 6, 2006, as will a one -time merit bonus program of one hundred dollars ($100.00) for eligible non- exempt employee. SECTION 8. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. 9 That the foregoing ordinance was read for the first time and passed on this the 19th day of July, 2005 by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney Melody Cooper Jerry Garcia John Marez Jesse Noyola Mark Scott Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2005 by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney Melody Cooper Jerry Garcia John Marez Jesse Noyola Mark Scott Bill Kelly PASSED AND APPROVED, this the day of ATTEST: , 2005 Armando Chapa Henry Garrett City Secretary Mayor LEGAL FORM APPROVED � / 1 / Jennife Knox Assist. t City Attorney , 2005, Mary Kay Fischer, City Attorney 10 26 CITY COUNCIL AGENDA MEMORANDUM July 26, 2005 AGENDA ITEM: In support of the FY2005 -06 Proposed Budget which includes fee increases and /or new proposed fees. a. Second Reading Ordinance — Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water, gas and wastewater rates; providing for an effective date; and providing for publication. b. Second Reading Ordinance - Amending Sections 55 -63 and 55 -70, Code of Ordinances, City of Corpus Christi, regarding fees for servicing gas appliances and gas tap fees; providing for severance; and providing for publication. c. Second Reading Ordinance amending Section 35 -92, Code of Ordinances, City of Corpus Christi, to impose an administrative fee for the transfer of an oil and gas well permit; providing for penalties; providing for severance; and providing for publication. d. Second Reading Ordinance increasing Resource Recovery Fees in Chapter 21, Code of Ordinances, City of Corpus Christi; providing for severance providing for an effective date and providing for publication. e. Second Reading Ordinance amending Code of Ordinances, City of Corpus Christi, Section 9 -35.1, to add discounts for parking for thirty days or longer, waiver of certain parking fees, and commuter monthly parking permits for flight staff of airlines and code - sharing airlines based at the Corpus Christi International Airport; providing for repeal of conflicting ordinances; providing for penalties; providing for severance; providing for an effective date; and providing for publication. ISSUE: The Proposed FY 2005 -06 Budget includes estimated revenues generated from increased fees /rates and new fees /rates necessary to fund specific projects and /or cover existing operating costs. The proposed fee /rate increases have been presented during the Budget process. BACKGROUND: The proposed FY 2005 -06 Operating Budget was submitted to Council on May 31, 2005. Subsequently, the Council has received four presentations covering various departments, funds and issues. REQUIRED COUNCIL ACTION: Approval of the ordinances described, increasing or establishing fees/rates included in the FY 2005 -06 Proposed Budget. RECOMMENDATION: Approval of Ordinances as presented. eMitv Eddie Houlihan Assistant Budget Director ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55, UTILITIES, REGARDING WATER, GAS AND WASTEWATER RATES; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 55 -50 of the Code of Ordinances is amended by revising it to read as follows: "Sec. 55 -50. Schedule of water rates. "(a) Base rates for water service. "The rates for water service are as follows: "(1) Monthly Minimum Charges "a. Metered Treated Water Customers "1. Inside City Limits Meter Size (Inches) August 1, August 1, 2001 to 2005 to July 31, July 31, 2905 2006 Residential 5/8" - 3/4" $-6 X30 $ 6.799 Commercial 5/8" - 3/4" 9.270 9.812 Residential & Commercial 1" 14.800 15.660 1 -1/2" 21.870 26.309 2" 38 40.934 -799 Utility rate.doc7 /11/2005 2 Meter Size (Inches) August 1, August 1, 2004te July 31, 2005 to July 31, 2005 2006 3" $4384300 $146.876 5/8" - 3/4" 4" 158.158 167.569 Commercial 6" 238.084 251.773 49 73669 8" and larger 357.648 378.172 Large Volume 1" 307388 Any size 12,056.203 12,749.434 50.514 "2. Outside City Limits Meter Size August 1, August 1, 2004te July 31, 2005 to July 31, 2005 2006 Residential 5/8" - 3/4" $ 13.651 $ 14.435 Commercial 5/8" - 3/4" 49 73669 20.482 Residential & Commercial 1" 307388 32.135 1 -1/2" 50.514 53.450 2" 778.188 82.683 3" 278.553 294.569 Utility rate.doc 3 Meter Size August 1, August 1, 2004 to July 31, 2005 to July 31, 2005 2006 4" $347499 $335.977 6" 476.070 504.405 8" and larger 716.024 757.195 Large Volume Any size 20,116.981 21 273.707 "b. Untreated Water Customers Utility rate.doc August 1, August 1, 2004 to July 31, 2005 to July 31, 2005 2006 Minimum monthly service charge, water districts/ municipalities with raw water supply contracts executed after January 1, 1997 $287.822 $304.371 Utility rate.doc 4 " 1 Mi without a raw water supply contract executed after January 1, 1997: If the charge based on the volume of water taken in a monthly billing period is less than $175.297 $185.376, the customer shall be billed $175.297 $185.376 unless a valid water supply contract between the customer and City that was executed prior to January 1, 1997, provides for a minimum annual payment. If a valid water supply contract between the Utility rate.doc August-17 2001 to July 31, August 1, 2005 to July 31, 2005 2006 Minimum monthly service charge for Public Agency for Resale Untreated Water without a raw water supply contract executed after January 1, 19971 $175.297 $185.376 Minimum monthly service charge, industrial 287.822 304.371 Minimum monthly service charge, domestic 9:588 10.139 Minimum annual service charge, domestic 9€,938 101.454 Utility rate.doc 5 customer and City executed prior to August 1, 2000, provides for a minimum annual payment, the customer shall pay the minimum annual payment under the contract. "(2) Monthly Volume Charges Per 1,000 Gallons "a. Residential Rate "1. Inside City Limits *Use the Minimum Charges in Subsection (a)(1). "2. Outside City Limits August 1, August 1, 2001 2005 to July 31, to July 31, 2805 2006 First 2,000 Gallons Minimum* Minimum* Next 13,000 Gallons $- 2:2233 $2.350 Next 15,000 Gallons 3.137 3.317 Next 20,000 Gallons 3.638 4.059 Over 50,000 Gallons 4:668 4.925 *Use the Minimum Charges in Subsection (a)(1). "2. Outside City Limits Utility rate.doc August 1 August 1, 2001 2005 to July 31, to July 31, 2005 2006 First 2,000 Gallons Minimum} Minimum! Utility rate.doc 6 Next 13,000 Gallons $ -4.658 $ 4.925 2-094 to July 31, Next 15,000 Gallons - 4-658 4.925 2006 Next 20,000 Gallons -4658 4.925 Minimum* Over 50,000 Gallons -4668 4.925 $ 2.350 *Use the Minimum Charges in Subsection (a)(1). "b. Commercial Rate "1. Inside City Limits "" Use the Minimum Charges in Subsection (a)(1). Utility rate.doc August 1, August 1, 2-094 to July 31, 2005 to July 31, 2805 2006 First 2,000 Gallons Mini Minimum* Next 13,000 Gallons $-2,223 $ 2.350 Next 85,000 Gallons - 147-8 2.091 Next 900,000 Gallons 1.503 1.589 Over 1,000,000 Gallons -1A-7-13 1.245 "" Use the Minimum Charges in Subsection (a)(1). Utility rate.doc 7 "2. Outside City Limits "" Use the Minimum Charges in Subsection (a)(1). "c. Reserved" "d. Public Agency for Resale Treated Water Rates "Treated water rates purchased by a public agency for resale are hereby set as follows: August 1 August 1, 2001 2005 to July 31, to July 31, 2005 2006 First 2,000 Gallons First 2,000 Gallons Mini+ um* Minimum* Next 13,000 Gallons 5 -848 $ 5.126 Next 85,000 Gallons -4-353 4.603 Next 900,000 Gallons 3.382 3.576 Over 1,000,000 Gallons 1.845 1.951 "" Use the Minimum Charges in Subsection (a)(1). "c. Reserved" "d. Public Agency for Resale Treated Water Rates "Treated water rates purchased by a public agency for resale are hereby set as follows: Utility rate.doc August-47 2001 August 1, 2005 to July 31, to July 31, 2905 2006 First 2,000 Gallons Minimum* Minimum* Utility rate.doc 8 Use the Minimum Charges in Subsection (a)(1). "e. Large Volume Customers "A commercial customer who agrees to pay for a minimum of 10,000,000 gallons of treated water per month is considered a large volume customer. Once a customer has elected to become a large volume customer, the customer will be billed as a large volume customer until the customer notifies the City and requests reclassification as a commercial customer in writing. However, a commercial customer may not elect to become a large volume customer more than once in any 12 month period. "1. Inside City Limits Asst Auqust 1, -1, 2004 2005 to July 31, to July31, 2905 2006 Next 13,000 Gallons $ 2.117 $ 2.270 2006 Next 85,000 Gallons 1.921 2.031 Next 900,000 Gallons 1.114 1.527 Next 9,000,000 Gallons 1.110 1.205 Over 10,000,000 Gallons 0.742 0.784 Use the Minimum Charges in Subsection (a)(1). "e. Large Volume Customers "A commercial customer who agrees to pay for a minimum of 10,000,000 gallons of treated water per month is considered a large volume customer. Once a customer has elected to become a large volume customer, the customer will be billed as a large volume customer until the customer notifies the City and requests reclassification as a commercial customer in writing. However, a commercial customer may not elect to become a large volume customer more than once in any 12 month period. "1. Inside City Limits Utility rate.doc August 1 Auqust 1, 2001 2005 is to July 31, July 31, 2006 2006 Utility rate.doc 9 First Minimum* Mini 10,000,000 2005 to July 31, Gallons 2006 Each $4.781 $0.825 Additional 5-1-.-1A-1- $ 1.206 1,000 Gallon "* Use the Minimum Charges in Subsection (a)(1). "2. Outside City Limits "' Use the Minimum Charges in Subsection (a)(1). "f. Public Agency for Resale Untreated Water Rates "The rates for the purchase of untreated water purchased by a public agency, which does not have a raw water supply contract with the City executed after January 1,1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this section, for the period used to determine the composite cost of untreated water under the City's current contract with the public agency. "(b) Raw water cost adjustment (RWCA). "In addition to the charges for the base rates for water service, established in subsection (a) of this section, a separate charge for the costs of raw water, the RWCA, will be added to each consumer's bill, except Public Agency for Resale Untreated Water customers without a raw water supply contract executed after January 1, 1997. (A Public Agency for Resale Untreated Water customer without a raw water supply contract executed after January 1, 1997, will pay the lower of the composite cost, as defined in its contract with the City or the rate for Public Agency for Resale Untreated Utility rate.doc August 1, August 1, 2804 to July 31, 2005 to July 31, 2005 2006 First 10,000,000 Gallons Minimum* Minima+ Each Additional 1.000 Gallon 5-1-.-1A-1- $ 1.206 "' Use the Minimum Charges in Subsection (a)(1). "f. Public Agency for Resale Untreated Water Rates "The rates for the purchase of untreated water purchased by a public agency, which does not have a raw water supply contract with the City executed after January 1,1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this section, for the period used to determine the composite cost of untreated water under the City's current contract with the public agency. "(b) Raw water cost adjustment (RWCA). "In addition to the charges for the base rates for water service, established in subsection (a) of this section, a separate charge for the costs of raw water, the RWCA, will be added to each consumer's bill, except Public Agency for Resale Untreated Water customers without a raw water supply contract executed after January 1, 1997. (A Public Agency for Resale Untreated Water customer without a raw water supply contract executed after January 1, 1997, will pay the lower of the composite cost, as defined in its contract with the City or the rate for Public Agency for Resale Untreated Utility rate.doc 10 Water customers without a raw water supply contract executed after January 1, 1997, specified in subsection (a)(2)f. of this section.) The RWCA will be based on projected system -wide raw water sales. The RWCA will be calculated on an annual basis according to the following procedures. "(1) Use projected system -wide water sales based on historical consumption and projected growth. "(2) Include the annual budgeted cost of debt service. Bond payments, amortization of deferred losses on refundings, and other debt service costs shall be applied to the RWCA in the same proportion as the raw water activities proportion of the original bond proceeds. "(3) Include budgeted expenditures for purchases of water. "(4) Include purchases of water rights, amortized over the duration of the water right agreement. "(5) Budgeted expenditures for capital items shall be included as follows: "a. The expense of acquiring a capital item that cost not more than $100,000 shall be charged in the year in which it is acquired. "b. The expense of acquiring a capital item that cost more than $100,000 shall be amortized over the number of years used to calculate depreciation expenses, with the half -year convention used in the year of acquisition. "(6) All operating and maintenance expenditures shall be charged based on annual budgeted amounts. These expenditures include operation and maintenance of dams, reservoirs, pipelines, wells, pumping stations, and related interfund charges. "(7) All expenses for consultants, engineering, legal services, and administration shall be charged based on annual budgeted amounts in the proportion to which they apply to raw water issues. "(8) Expenses related to the acquisition and transportation of emergency water supplies shall be included in the RWCA for the following fiscal year, unless foreseen and budgeted in advance, in which case they are included in the year budgeted. "(9) Miscellaneous revenues related to raw water activity, such as oil and gas lease revenues and interest earned on debt service surety bonds, is applied as an offset based on annual budgeted amounts. "(10) At fiscal year end, determine the amount of over or under collections that have resulted from differences between budgeted and actual expenses and Utility rate.doc 11 offsetting revenues and the difference between projected and actual volume of water sold. Apply this amount as an adjustment to the following fiscal year's RWCA. "(11) Apply the credit for levelized Choke Canyon debt payments to City rate- payers' projected water consumption, and deduct from their RWCA. (The escalating payment schedule on the Choke Canyon debt was levelized through the creation of a reserve fund. In the initial years, payments greater than the debt service were made, with the excess going into the reserve fund. This excess was paid through a rate surcharge on ICL and OCL metered treated water customers. Now that bond payments exceed the levelized payment amount, the reserve fund is drawn on to make up the difference. Since only ICL and OCL metered treated water customers participated in building the reserve fund, the drawing on the reserve fund is only credited to the RWCA assessed against ICL and OCL metered treated water customers. "(c) Definitions. "'Costs of raw water' is the total of all costs of acquiring, producing, storing, conserving, and transporting untreated water from its source to the City's treatment facility and all other points of diversion. These costs include, but are not limited to, the costs of: "Construction, including debt service , operation, and maintenance of dams and reservoirs. "Construction, including debt service, operation, and maintenance of raw water supply transmission pipelines. "Construction, including debt service, operation, and maintenance of wells. "Construction, including debt service, operation, and maintenance of facilities capable of converting wastewater effluent, salt water, and brackish ground water into water suitable for municipal, industrial, or agricultural uses. "Acquisition of new water supplies and water rights. "Payments to the P.L. 104 -318 Alternative Water Supply Acquisition and Facilities Construction Special Fund. "Construction, operation, and maintenance of facilities to reduce water losses from water resources due to evaporation or the release of water from a reservoir due to the operation of law. "Acquisition and transportation of emergency water supplies, including the costs of transporting water by vessel or pipelines from other regions. Utility rate.doc 12 "Water supply development and protection, including consultants' studies and reports, investigations, legal fees, court costs, and any other costs related to the development or protection of the water supply. "Administrative costs, including overhead and the portion of the City's general administrative costs applicable to the activities enumerated in this definition." SECTION 2. The water rates established in Section 1 of this ordinance shall take effect and be applied against all service provided on or after the first day of August 2005. SECTION 3. Section 55 -61 of the Code of Ordinances is amended to include the classification of customers and schedule of gas rates, which shall read as follows: "Sec. 55 -61. Classification of customers and schedules of rates. "(a) RESIDENTIAL CUSTOMERS: "(1) Inside City Limits "a. Winter rates (from November Cycle 11 through April Cycle 10) Monthly Consumption August 1, August 1, 2001 2005 — July 31, July 31 2905 2006 First 1 MCF (Minimum Bill) $-8.284 $ 8.757 Next 2 MCF -4,646 4.913 Next 7 MCF -2:686 2.840 Next 40 MCF 2.531 2.679 All over 50 MCF 1.802 1.905 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "b. Summer rates (from April Cycle 11 through November Cycle 10) Monthly Consumption August 1, August 1, 2004 2005 — July 31, July 31, 2005 2006 First 1 MCF $ 8.281 $ 8.757 Utility rate.doc 13 (Minimum Bill) August 1, August 1, Next 2 MCF $4.646 $ 4.913 July 31, Next 5 MCF -2.686 2.840 $ 10.218 Next 30 MCF 1.310 1.426 Next 2 MCF 5.200 NI over 38 MCF 1.100 1.267 Next 7 MCF 2.060 "Note: Rates do not include purchased gas ad ustment and sales tax, where applicable "(2) Outside City Limits "a. Winter rates (from November Cycle 11 through April Cycle 10) Monthly Consumption August 1, August 1, 2004 2005 — Ju1y -3-1 -, 2806 July 31, 2006 First 1 MCF (Minimum Bill) $ 10.218 $ 10.805 Next 2 MCF 5.200 5.508 Next 5 MCF Next 7 MCF 2.060 3.139 Next 40 MCF 2.801 2.962 All over 50 MCF 1.951 2.066 "Note: Rates do not include purchased gas ad ustment and sales tax, where applicable "b. Summer rates (from April Cycle 11 through November Cycle 10) Monthly Consumption August-1, 2004 August 1, 2005 — July 31, July 31, 2006 2006 First 1 MCF (Minimum Bill) $ 10.218 $ 10.805 Next 2 MCF 5.209 5.508 Next 5 MCF -2969 3.139 Utility rate.doc 14 Next 30 MCF $1.481• $1.566 All over 38 MCF 1.274 1.347 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(b) GENERAL RATE CUSTOMERS (commercial, industrial, & institutional) rates: "(1) Inside City Limits Monthly Consumption August 1 August 1, 2004 2005 — July 31, July 31, 2005 2006 July 31, First 1 MCF (Minimum Bill) $ 8.281 $ 8.757 Next 2 MCF -4646 4.913 Next 7 MCF 1.341 4.590 Next 40 MCF 1.175 4415 Next 50 MCF 1.802 1.905 Next 100 MCF 1.502 1.588 Next 100 MCF 1.312 1.387 Next 700 MCF 1.255 1.327 Next 1,000 MCF 1.085 1.147 Next 13,000 MCF 0.975 1.031 All over 15,000 MCF -0.935 0.988 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(2) Outside City Limits Monthly Consumption August 1, 2001 2005 — July 31, July 31, 2005 2006 Utility rate.doc 15 First 1 MCF (Minimum Bill) $40,245 $10.805 2005 — July 31, Next 2 MCF 5409 5.508 Next 7 MCF 4.891 5.172 Next 40 MCF 4.702 4.972 Next 50 MCF 1.954 2.066 Next 100 MCF 1.613 1.705 Next 100 MCF 1.407 1.487 Next 700 MCF 1.320 1.405 Next 1,000 MCF 1,585 1.147 Next 13,000 MCF 0,975 1.031 All over 15,000 MCF5 0.988 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(c) SEASONAL CUSTOMERS (partial year service) rates (all customers who have requested a cutoff and re- connection at the same location or for services to the same premises, including increases or reductions of the same premises, and which cutoff was not necessitated by reason of reconstruction of the building on the premises, shall be classified as seasonal customers, and in lieu of the rates applicable to residential customers, shall be charged and collected the following charge for gas furnished and delivered to the meters by the Gas Department of the City): "(1) Inside City Limits Monthly Consumption August 1, 2001 August 1, 2005 — July 31, July 31, 2005 2006 First 1 MCF (Minimum Bill) $ 13.757 $14.548 Next 2 MCF 12.441 13.156 Next 7 MCF 5.907 6.246 Utility rate doc 16 (Next 30 MCF $2.634 $2.679 All over 40 MCF 1 .802 1.905 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(2) Outside City Limits Monthly Consumption August-47 2004 August 1, 2005 — July 31, July 31, 2005 2006 First 1 MCF (Minimum Bill) $ 16.525 $17.475 Next 2 MCF 14.211 15.028 $ 8.756 (Minimum Bill) Next 7 MCF 6.697 7.082 4.6 5 Next 30 MCF 2.801 2.962 All over 40 MCF 1.954 2.066 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(d) INCENTIVE AIR COOLING AND CONDITIONING RATE CUSTOMERS rates (limited to customers using less than 15,000 MCF per month annual average. All general rate customers that have installed total energy or have gas operated air cooling and air conditioning equipment, or both, and have an average used in MCF per month in the seven summer months that exceeds the five winter months in average use, when inspected and approved by the Gas Department, who request in writing to be billed in the summer months on the Summer Incentive Gas Rate Schedule starting with Cycle 11 in April and ending with the billing Cycle 10 in November shall be billed on the following rate schedule): "(1) Inside City Limits Monthly Consumption August 1, 2004 2005 — July 31, July 31, 2005 2006 First 1 MCF $ 8.280 $ 8.756 (Minimum Bill) Next 2 MCF 4.6 5 4.912 Utility rate.doc 17 Next 7 MCF $4.341- $4.590 2004- 2005 — Next 40 MCF 376 3.358 2006 Next 150 MCF 1.349 1.426 $ 10.805 Next 300 MCF 1.255 1.327 5.508 Next 500 MCF 1.085 1.147 4.891 5.172 Next 14,000 MCF 0475 1.031 3.776 All over 15,000 MCF 0:935 0.988 1.566 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(2) Outside City Limits Monthly Consumption Asst4, August 1, 2004- 2005 — July 31, July 31, 2085 2006 First 1 MCF (Minimum Bill) $ 10.218 $ 10.805 Next 2 MCF 5404 5.508 Next 7 MCF 4.891 5.172 Next 40 MCF 3.571 3.776 Next 150 MCF 1.481 1.566 Next 300 MCF 1.320 1.405 Next 500 MCF 1.142 1.207 Next 14,000 MCF 1.012 1.070 All over 15,000 MCF 0.935 0.988 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(e) PURCHASED GAS ADJUSTMENT. The rates in subsections (a), (b), (c), and (d) of this section are subject to gas cost adjustments as follows: Rates will be adjusted monthly by the City following the receipt of notice of the cost of gas from the supplier to pass on to the consumer the full amount of such cost adjusted for pressure base and Utility rate.doc 18 gas loss & unaccounted -for factors. Additional fees and charges paid to the supplier, which are necessary for the City to receive the gas, shall be included in the cost of gas. All general rate customers, who consume over 15,000 MCF in one month, and who receive gas from the City's distribution system at the same pressure base at which the City receives the gas from its supplier (14.65 psi), shall be billed 2.05% less per MCF for purchased gas adjustment than the General Customer Rate Schedule. "(f) INTERRUPTIONS. Deliveries of gas to Commercial or Industrial customers may be interrupted or curtailed in case of shortage, or threatened shortage, of gas supply from any cause whatsoever, to conserve gas for residential and other human need customers served hereunder, according to all mandatory orders of governmental agencies having jurisdiction." SECTION 4 The gas rates established in Section 3 of this ordinance shall take effect and be applied against all service provided on or after the first day of August, 2005. SECTION 5 Section 55 -100 of the Code of Ordinances is amended to include the classification of customers and schedule of wastewater rates, which shall read as follows: "Sec. 55 -100. Schedule. "(a) The monthly charge to be paid by users of sewer service furnished by the City's municipal sewer system, except as otherwise provided in Articles VII and XI of Chapter 55, shall be based on the amount of water used by the user according to the following rates Classification August 1, August 1, 2001 to July 31, 2005 to July 31 2005 2006 Inside City Limits One - family minimum monthly charge (first 2,000 gallons) $ 14.802 $ 15.653 Utility rate.doc 19 Classification August, 2004 -to July 31, August 1, 2005 to July 31, 2005 2006 Inside City Limits One - family per 1,000 gallons over 2,000 $2.993 $3.165 Inside City Limits One - family maximum monthly charge (Up to 25,000 gallons) 83.641 88.450 Outside City Limits One - family minimum monthly charge (first 2,000 gallons) 28.470 30.107 Outside City Limits One - family per 1,000 gallons over 2,000 5.757 6.088 Utility rate.doc 20 Classification August 1, August 1 2804 -te July 31, 2005 to July 31, 2885 2006 Outside City Limits One - family maximum monthly charge (Up to 25,000 gallons) $468.923 $170.176 Inside City Limits Commercial minimum monthly charge (first 2,000 gallons) 21.631 22.877 Inside City Limits Commercial per 1,000 gallons over 2,000 2.302 2.434 Outside City Limits Commercial minimum monthly charge (first 2,000 gallons) 13.260 45.756 Utility rate.doc 21 Classification August August 1, -1, 2001 to July 31, 2005 to July 31, 2005 2006 Outside City Limits Commercial per 1,000 gallons over 2,000 $4,60.7 $4.871 "(b) The amount of water used to compute the monthly bills to one family residential customers shall be computed on the basis of the "winter average" or "interim average" that is calculated under this subsection. (1) Definitions a. Winter Averaging Wastewater Charge Period -- the period of water and wastewater service during the three complete consecutive reading periods commencing on or after December 1 of each year. Using the three complete consecutive reading periods, the City shall establish monthly wastewater service charges for customers based upon their average monthly water consumption. The customer must receive wastewater service at one location during the three consecutive reading periods in order to establish a "winter average ". b. Winter Average -- The monthly wastewater usage established by the City of Corpus Christi during the "winter averaging wastewater charge period ". This usage is the basis for monthly billings which apply to service before and including July 31 of each year. Billings which apply to service after July 31 will reflect wastewater usages based on the previous "winter averaging wastewater charge period ". c. Interim Average -- The monthly wastewater usage established by the City for individual customers who have not established a "winter average ". The "interim average" shall be recalculated each year based on the total "winter average" consumption of all customers subject to winter averaging divided by the number of winter averaging customers, and shall be the basis for monthly billings until a Utility rate doc "winter average" as defined in subsection (b)(1)b. of this section is established for the individual customer. d. Service Area -- the geographic region served by the City's wastewater system. (2) Winter Average Criteria a. "Winter Average" charges shall apply to one - family residential customers only. b. The "winter average" shall be based on a customer's average water consumption for three complete consecutive reading periods commencing with the customer's first reading period on or after December 1 of each year. c. The following method will be used to calculate a customer's "winter average ". 1. Add the three winter months water consumption to get total water consumption. "2. Divide three month usage amount by 3 to get winter average usage. Such winter average usage shall be limited to a maximum of 25,000 gallons. "d. Using the winter average usage, apply the applicable rates established in subsection (a) of this section to calculate the customer's wastewater bill for each month until a new average is established (or rates are changed. "e. New and Relocating Customers; Adjustments "1. Customers new to the service area, who have not established a "winter average ", shall be billed at the "interim average" rate. "2. Customers who are relocating within the service area, who established a "winter average" at their previous address, shall be billed at the "interim average" rate or their "winter average" rate at the previous address, whichever is less. "3. Customers who are relocating within the service, area, who have not established a Utility rate.doc 22 23 "winter average" at their previous address, shall be billed at the "interim average" rate. "4. When a customer experiences a substantial increase in water or wastewater usage from hidden water leaks in the plumbing system during the winter average charge period, and if the customer can produce proof of repairs, the Director of Finance or the Director's designee may adjust the wastewater bill. "(3) Administrative change in rates. "a. Annually the City Manager shall calculate base revenues from single - family residential wastewater customers. Base revenues shall equal a three -year moving average of actual revenues from single - family residential wastewater customers, with each year's revenue adjusted for all actual rate increases, which were implemented in subsequent years. For this purpose, a year shall run from -June 1 through May 31. "b. The City Manager shall annually, based upon the Winter Average wastewater usage determined during the Winter Averaging Wastewater Charge Period, adjust the rate in the new fiscal year applied to each customer's winter average or interim average so that the Adjusted Rate will produce an amount equal to the base revenues. "(c) The rates established in subsection (a) of this section are based upon water consumption for wastewater service customers with wastewater characteristics of 562 parts per million or less by weight of chemical oxygen demand index, 250 parts per million or less by weight of biochemical oxygen demand index, and 250 parts per million or less by weight of suspended solids index. If the wastewater characteristics exceed any of these parameters shall pay an additional abnormal wastewater surcharges as provided in Section 55- 148." SECTION 6. The wastewater rates established in Section 5 of this ordinance shall take effect and be applied against all service provided on or after the first day of August 2005. SECTION 7. Section 55 -148 of the Code of Ordinances is amended to include the schedule of values used to determine the abnormal wastewater surcharges. Section 55- 148(a)(6) and (8) shall read as follows: Utility rate. doc 24 "Sec. 55 -148. Fees. "(a) Abnormal wastewater surcharge. "(6) Computations of each surcharge, as applicable, shall be based on the following: "S = V x 8.34 x X x (COD -562) "S = V x 8.34 x Y x (BOD -250) "S = V x 8.34 x Z x (TSS -250) "S = Surcharge in dollars for the billing period. "V = Water consumption in millions of gallons during the billing period. "8.34 = Weight of water in pounds per gallon. "X = Unit charge in dollars per pound for COD as established subdivision (8) of this subsection. "Y = Unit charge in dollars per pound for BOD as established in subdivision (8) of this subsection. "Z = Unit charge in dollars per pound for TSS as established in subdivision (8) of this subsection. "COD = Chemical oxygen demand strength index in parts per million by weight, or mg /I. "BOD = Five -day biochemical oxygen demand strength index in parts per million by weight, or mg /I. "TSS = Total suspended solids strength index in parts per million by weight, or mg /I. "250 = Normal BOD and TSS strength in parts per million by weight, or mg /I. "562 = Normal COD strength in parts per million by weight, or mg /I. Utility rate.doc 25 "(8) The values for X, Y, and Z used in subdivision (6) of this subsection to determine the abnormal wastewater surcharge are:" Value August 1, 2001 August 1, 2005 to July -31 -, 2005 to July 31 2006 X (unit charge in dollars per pound of COD) $0 -0000 $0.0000 Y (unit charge in dollars per pound of BOD) 0,2490 0.2633 Z (unit charge in dollars per pound of TSS) 0.1780 0.1891 x SECTION 8. The values used to determine the abnormal wastewater surcharges established in Section 7 of this ordinance shall take effect and be applied against all service provided on or after the first day of August 2005. SECTION 9. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the 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 10. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Utility rate.doc That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2005, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John E. Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2005 by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John E. Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the day of , 2005. ATTEST: Armando Chapa City Secretary APPROVED: 11 day of July, 2005: Lisa Aguilar Assistant CiAttorney for City Attorney Utility rate.doc 26 Henry Garrett Mayor, The City of Corpus Christi AN ORDINANCE AMENDING SECTIONS 55-63 AND 55-70, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING FEES FOR SERVICING GAS APPLIANCES AND GAS TAP FEES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 55-63, Code of Ordinances, is revised to read as follows: "Sec. 55 -63. Charges for lighting, etc., of natural gas appliances. "(a) Customers at a residential, apartment, or mobile home address shall be charged a service fee for lighting, adjusting, or turning off one or more natural gas appliances, or the conversion of burner orifices to burn natural gas. The service fee includes service to all gas appliances at the address for which service is requested. The service fee for each appliance service order is twenty five dollars ($25.00) for each service order between April 1 and October 31 and forty dollars ($40.001for each service order between November 1 and March 31. "Lb,) All other customers shall be charged ten twenty five dollars ($10.00) ($25.00) for each appliance lighted, adjusted, or turned off between April 1 and October 31 and forty dollars ($40.00) for each appliance lighted, adiusted, or turned off between November 1 and March 31. IQ Maintenance of appliances is not included in the lighting and adjusting of any gas appliance except for gaslight mantles and glasses, which will be billed to the customer requesting service at a retail price over and above the charge set forth above. " j�. However, in the event the head of a household is sixty -five (65) years of age or above, or the recipient of Social Security disability payments and resides at a residential, apartment, or mobile home address, then no charge shall be made by the city for such the first service call made within any calendar year. Proof of eligibility for the exemptions shall be provided herein shall be on in a form to be prescribed by the Director, Gas Operations ' SECTION 2. Section 55 -70, Code of Ordinances, is revised to read as follows: "Sec. 55 -70. Adoption of rules, regulations and water and gas fees. "The rules and regulations concerning the control, operation and administration of utility taps or service connections of water, gas and sewer utilities owned by the city and the R53304A3.00C 2 regulations prescribing fees for utility taps or service connections are hereby adopted and approved as follows: (5) Fee schedule, gas: (a) Inside city limits: Gas— Street Fee Easement Fee Residential, 1 and 2- family dwelling I_ Nene $100.00 Nene $100.00 Commercial: $300.00 $300.00 1" to 1 1/4" diam. Tap $1 -2.50 $1 -2,50 2" diam. Tap 35.00 35.00 Over 2" diam. Tap Over 2" diam. Tap Special Special Loops Loops $10.00 Meter moves Meter moves $50.00 (b) Outside city limits: Gas— Street Fee Easement Fee Residential, 1 and 2- family dwelling Nene $100.00 Nene $100.00 Commercial: $300.00 $300.00 1-" to 1 1/1" diam. Tap $1 -2,50 $42,50 2" diam. Tap egg 36,00 Over 2" diam. Tap Special Special Loops $10.00 Meter moves $50.00 R53304A3.DOC 3 SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. 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. R53304A3.DOC That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2005, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2005 by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the day of , 2005. ATTEST: Armando Chapa City Secretary APPROVED: 15th day of June, 2005: Fi J Reitng Fi As istant City ttorney For City Attorney R53304A3.DOC Henry Garrett Mayor, The City of Corpus Christi 4 AN ORDINANCE AMENDING SECTION 35-92, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO IMPOSE AN ADMINISTRATIVE FEE FOR THE TRANSFER OF AN OIL AND GAS WELL PERMIT; 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. Section 35 -92, Code of Ordinances is revised to read as follows: "Sec. 35 -92. Transfer of permit. "(a) Any permit issued hereunder may be transferred, provided that the transferee meets all of the requirements of this chapter, including the posting of insurance and bonds required herein. "jbl A notice of transfer, along with a one hundred dollar ($100.00) administrative fee for each well being transferred, shall -must be filed with the superintendent. "( Within fifteen (15) days after such filing, the superintendent shall notify the transferor and the transferee whether or not the transferee meets the requirements of this chapter. "(d) The transferor shall nevertheless be liable for all obligations under the permit accruing prior to the effective date of the transfer." SECTION 2. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. 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. R53303A1.doc That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2005, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2005 by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the day of , 2005. ATTEST: Armando Chapa City Secretary APPROVED: 20th day of April, 2005: R. Jay Reining First Assistant City Attorney For City Attorney R53303A1 .doc Henry Garrett Mayor, The City of Corpus Christi 2 AN ORDINANCE INCREASING RESOURCE RECOVERY FEES IN CHAPTER 21, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The table in Section 21 -40(a) is revised to read as follows: "Sec. 21 -40. Charges - -For collection services within the City of Corpus Christi. "(a) The following charges apply to the collection of solid waste from solid waste services department customer located within the limits of the City of Corpus Christi. In addition to the charges listed below, each customer is liable for any applicable federal /state surcharges or fees specified in section 21 -20 and state and city taxes. The charges for collection services are: Type Description Minimum Charge Per Month or Fraction Thereof Collection 1) One - family dwelling $4-345 $14.35 2) Two - family dwelling on one (1) water and /or gas meter 26,50 $28.70 3) Two - family dwelling on separate water and /or gas 13.25 meters $14.35 each unit 4) Apartment 13.25 $14.35 per unit 5) One- family dwelling and single apartment on one 26,58 (1) water and /or gas meter $28.70 3) Apartment house, travel trailer park, or 13.25 manufactured home park on one (1) water and /or $14.35 gas meter per unit R5340782. DOC (7) (8) (9) (12) (13) 2 SECTION 2. The tables in Section 21- 41(e)(2) and (3) are revised to read as follows: "Sec. 21 -41. Charges - -For disposal services. "(e) The following fee schedule applies to each load of solid waste deposited at a disposal site operated by the department: R5340782. DOC Apartment house, travel trailer park, or manufactured home park - -Each apartment, travel trailer pad, or manufactured home site on separate water and /or gas meter 13.25 $14.35 per unit Additional charge for rear door pickup on any type above 10.75 $11.86 per unit Additional loads of heavy brush or bulky item at time of scheduled heavy brush or bulky item collection 48700 $53.00 per load Surcharge for bulky item pickup $10.00 per item Special non - scheduled heavy brush, clean wood, waste, debris, or bulky items pick up, including pick up of heavy brush and debris set out more than two (2) weeks prior to the scheduled pick up or brush or debris that is a traffic, safety, or health hazard Actual cost not to exceed $200.00 per load Recycling containers: Each solid waste services customer account will pay a fee for recycling containers that will be refunded upon termination of the account and return of the recycling containers $4.00 per container $5.00 per tire Surcharge for tires set out for collection SECTION 2. The tables in Section 21- 41(e)(2) and (3) are revised to read as follows: "Sec. 21 -41. Charges - -For disposal services. "(e) The following fee schedule applies to each load of solid waste deposited at a disposal site operated by the department: R5340782. DOC 3 (2) Commercial vehicles (tipping rate). ncudes state disposal fee, state /federal mandated surcharges as provided by section 21 -42, and a portion of the municipal solid waste system service charge as provided by section 21 -47. "(3) Special fees. A Solid waste by weight $24T $31.03 per ton* 3 Loose load of solid waste, not weighed 7.81 $8.36 per cubic yard* ) Compacted load of solid waste, not weighed 48-3g $11.12 per cubic yard* Construction and demolition debris, not weighed 40.313 $11.12 per cubic yard Heavy brush and yard waste, not weighed 10.38 $11.12 per cubic yard = Commercial vehicle transporting household waste for a residential customer when accompanied by the residential customer. (The residential customer must be the driver or a passenger in the commercial vehicle or arrive in a separate vehicle at the landfill with the residential customer's waste.) No charge ncudes state disposal fee, state /federal mandated surcharges as provided by section 21 -42, and a portion of the municipal solid waste system service charge as provided by section 21 -47. "(3) Special fees. A I R53407B2.DOC 4 C Large household appliances, such as stoves, washing machines, clothes dryers, dishwashers, refrigerators, or other similar items, except large household appliances transported in a non- commercial vehicle by a residential customer who resides within the city 12.00 each D Tires Automobile ,gg $1.25 Truck or large trailer tires (16 - -19 ") 2.00 $2.25 Tractor tires( <20 ") 3,00 $3.25 Larger than 20" Not accepted Cut into quarters or more Tipping fee rate E Vehicles with loads not adequately secured so as to prevent any of the contents of the transported load from being ejected or dropped during transport of the load $5.00 F Use of scales $25.25 G Any solid waste that requires special preparation, handling, or cover As determined by the director SECTION 3. The Section 21 -47(a) is revised to read as follows: Sec. 21 -47. Municipal solid waste system service charge. (b) The municipal solid waste system service charge for all waste collected is: (1) For customers located within the city, who are billed by their permitted solid waste hauler for hire by tonnage, the municipal solid waste system service charge is ' - . • _ . sixteen dollars and ninety -three cents ($16.93) per ton of waste. R53407B2. DOC 5 (2) For customers located within the city, who are billed by their permitted solid waste hauler for hire by the volume of the dumpster and frequency of service, the municipal solid waste system service charge is sixty- cents - ($0..60) sixty -nine cents ($0.69) per cubic yard of capacity each time the customer's dumpster is serviced. (3) For customers located within the city, who are billed by their permitted solid waste hauler for hire by tonnage, if their permitted solid waste hauler for hire has a put or pay contract with the city and disposes the customer's solid waste at a disposal site operated by the department, the municipal solid waste system service charge will be credited with eight dollars and thirty -five cents ($8.35) for the portions of the charge that are collected through the hauler's acceptance fee. The municipal solid waste system service charge, with the credit, is six dollars seven dollars and forty -one cents ($7.41) per ton of waste. (4) For customers located within the city, who are billed by their permitted solid waste hauler for hire by the volume of the dumpster and frequency of service, if their permitted solid waste hauler for hire has a put or pay contract with the city and disposes the customer's solid waste at a disposal site operated by the department, the municipal solid waste system service charge will be credited with twenty -one cents ($0.21) for the portions of the charge that are collected through the hauler's acceptance fee. The municipal solid waste system service charge, with the credit, is thirty nine cents ($0.39) forty -five cents ($0.45) per cubic yard of capacity each time the customer's dumpster is serviced. (5) For customers within the city, who are billed by the permitted solid waste hauler for hire by tonnage, if their permitted solid waste hauler for hire pays the tipping rate published in subsection 21- 41(e)(2)a., the municipal solid waste system service charge will be credited with thirteen dollars and thirty -three cents ($13.33) for the portions of the charge that are collected through the tipping fee. The municipal solid waste system service charge, with the credit, is one-dellar and fifty two cents ($1.52) one dollar and seventy -four cents ($1.74) per ton of waste. Except as provided in subsection (d) of this section, if the hauler pays the tipping fee at the time the hauler disposes of the solid waste, the municipal solid waste system service charge must be paid at the time the hauler disposes of the solid waste at the disposal site operated by the department. (6) For customers within the city, who are billed by the permitted solid waste hauler for hire by the volume of the dumpster and frequency of service, if their permitted solid waste hauler for hire pays the tipping rate published in subsection 21- 41(e)(2)a., the municipal solid waste system service charge will be credited with fifty -four cents ($0.54) for the portions of the charge that are collected through the tipping fee. The municipal solid waste system service charge, with the credit, is six ocnts ($0.06) seven cents ($0.07) per cubic yard of capacity each time the customer's dumpster is serviced. Except as provided in subsection (d) of this section, if the hauler pays the tipping fee at the time the hauler disposes; of the solid waste, the municipal solid waste system service charge R5340782 . DOC 6 must be paid at the time the hauler disposes of the solid waste at the disposal site operated by the department. (7) For can account customers within the city the municipal solid waste system service charge is . four dollars and forty-five cents ($4.45) per collection by the permitted solid waste hauler for hire (which includes the city street use fee). (8) For residential customers serviced by the department, the municipal solid waste system service charge is - . .. . - : two dollars and twelve cents ($2.12) per month (which includes the city street use fee). (9) For business and commercial customers serviced by the department, the municipal solid waste system service charge is ' ($1.86) two dollars and twelve cents ($2.12) per month (which includes the city street use fee). SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. This ordinance takes effect August 1, 2005. SECTION 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. R5340782. DOC That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2005, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2005 by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the day of , 2005. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor, The City of Corpus Christi APPROVED: July 15, 2005: Lisa Aguilar Assistant City Attorney For City Attorney R53407132. DOC 7 ORDINANCE AMENDING SECTION 9 -35.1 CODE OF ORDINANCES, TO ADD DISCOUNTS FOR PARKING FOR THIRTY DAYS OR LONGER, WAIVER OF CERTAIN PARKING FEES, AND COMMUTER MONTHLY PARKING PERMITS FOR FLIGHT STAFF OF AIRLINES AND CODE - SHARING AIRLINES BASED AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, SECTION 1. Section 9 -35.1 of the Code of Ordinances is revised to read as follows: "Section 9 -35.1 Parking Rates. "Parking rates for the Public Parking Lots at Corpus Christi International Airport are established as follows: "(1) Long -Term (gaily-) parking rates: "For the first hour $1.00 "For each additional hour thereafter $1.00 "Maximum with parking ticket for each twenty -four (24) hours $7.00 Without/lost ticket per day $7.00 10% Reduction in fees for thirty or more days of parking Commuter Monthly Parking Permits for Flight Staff of CCIA Based Airlines and Code - Sharing Partners of CCIA Based Airlines $30.00 (2) Short-Term (Hourly) parking rates: For the first half -hour $1.00 For each additional half -hour thereafter $1.00 Maximum with parking ticket for each twenty -four (24) hours $10.00 Without/lost ticket per day $10.00 Amend. Ord. Re Parking Fees july 05_1.doc 10% Reduction in fees for thirty or more clays of parking (3) Covered parking rates: For the first hour $1.50 For each additional hour thereafter $1.50 Maximum with parking ticket for each twenty -four (24) hours $8.50 Without/lost ticket per day $8.50 10% Reduction in fees for thirty or more days of parking The Director of Aviation may waive fees for City employees on official city and airport business travel, active Airport Board members, elected members of the City Council, Texas House, Senate, U.S. Congress, Disabled Veterans, Purple Heart recipients and visitors conducting business at the Airport. SECTION 2. That other ordinances, or parts of ordinances, in conflict with this ordinance, are repealed to the extent of any conflict. 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. 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 the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 5. This ordinance is effective on August 1, 2005. SECTION 6. Publication of this ordinance shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2005, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney Melody Cooper Jerry Garcia John E. Marez Jesse Noyola Mark Scott Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2005, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney Melody Cooper Jerry Garcia John E. Marez Jesse Noyola Mark Scott Bill Kelly APPROVED AND PASSED on this ATTEST: day of 2005. Armando Chapa, City Secretary Henry Garrett, Mayor APPROVED: /ST day of T'u 2005. MARY KAY FISCHER, CITY ATTORNEY BY: n P. Burke, Jr. sistant City Attorney Amend. Ord. Re Parking Fees july 05_1.doc 27 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: July 26, 2005 a Public hearing to consider abandoning and vacating a 75.81- square foot portion (0.50 -foot wide x 151.60 -foot long) of the Ennis Joslin Road public right -of -way, adjacent to Lot 4, Block 1, Joslin Tracts, approximately 750 L.F. north of South Padre Island Drive. b Ordinance abandoning and vacating a 75.81- square foot portion (0.50 -foot wide x 151.60 - foot long) of the Ennis Joslin Road public right -of -way, adjacent to Lot 4, Block 1, Joslin Tracts, approximately 750 L.F. north of South Padre Island Drive; subject to compliance with the specified conditions. ISSUE: Baypoint Resort Apartment is requesting the street abandonment and vacation of public right -of -way to correct an encroachment from a structure that was constructed over a portion of the public right -of -way. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of street rights -of -way. City Code requires a public hearing prior to the vacating and abandonment of any street rights -of -way. RECOMMENDATION: Staff recommends approval of the ordinance as presented. S �C - B.A. Holly, AICP Director of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Baypoint Resort Apartments, is requesting the abandonment and vacation of a 75.81- square foot portion (0.50 -foot wide x 151.60 -foot long) of the Ennis Joslin Road public right -of -way, adjacent to Lot 4, Block 1, Joslin Tracts, approximately 750 L.F. north of South Padre Island Drive Baypoint Resort Apartments, is requesting the closure to eliminate an encroachment from their existing entrance signs on either side of their main entrance driveway. The City is formally transferring the right -of -way for Ennis Joslin, Spur 3, to TXDOT at the end of the 2005. The City is required to ensure that the Ennis Joslin Road right -of -way is clear of any encroachments. All public and franchised utilities were contacted regarding this closure request and no objections were received by any of the utility companies. City staff recommends that payment of fair market value for the street closure be waived because the City is expediting the closure of the street right -of -way and required specified survey standards to be met. EXHIBIT A FROM: B.A. Holly, AICP, Director of Development Services DATE: July 14, 2005 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: July 26 2005 ORDINANCE CAPTION: a. Public hearing to consider abandoning and vacating a 75.81- square foot portion (0.50 -foot wide x 151.60 -foot long) of the Ennis Joslin Road public right -of -way, adjacent to Lot 4, Block 1, Joslin Tracts, approximately 750 L.F. north of South Padre Island Drive. b Ordinance abandoning and vacating a 75.81- square foot portion (0.50 -foot wide x 151.60 -foot long) of the Ennis Joslin Road public right -of -way, adjacent to Lot 4, Block 1, Joslin Tracts, approximately 750 L.F. north of South Padre Island Drive; subject to compliance with the specified conditions. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume 58. Page 85, of the Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: 1. That payment of fair market value for the street closure be waived because the City is expediting the closure of the street right -of -way and required specified survey standards to be met. 2. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to Building Permit approval of construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. 3. Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. REQUESTED BY: B.A. Bailey, AICP, Director of Development Services DATE: 1 I % o'r Approved: Date: EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A 75.81 SQUARE FOOT PORTION (.50 -FOOT WIDE BY 151.60 -FOOT LONG) OF THE ENNIS JOSLIN ROAD PUBLIC RIGHT -OF -WAY ADJACENT TO LOT 4, BLOCK 1, JOSLIN TRACTS, APPROXIMATELY 750 L.F. NORTH OF SOUTH PADRE ISLAND DRIVE, SUBJECT TO COMPLIANCE WITH SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 75.81 square foot portion (.50 -foot wide by 151.60 -foot long) of Ennis Joslin Road public right -of -way adjacent to Lot 4, Block 1, Joslin Tracts, approximately 750 L.F. north of South Padre Island Drive, as recorded in Volume 58, Page 85, Map Records Nueces County, Texas, that the Owner, wishes to have abandoned and vacated: and WHEREAS, after a public hearing, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the public right -of -way for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 75.81 square foot portion (.50 -foot wide by 151.60 -foot long) of Ennis Joslin Road public right -of -way adjacent to Lot 4, Block 1, Joslin Tracts, approximately 750 L.F. north of South Padre Island Drive, as recorded in Volume 58, Page 85, Map Records Nueces County, Texas, is abandoned and vacated for public use as public right -of -way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: 1 That payment of fair market value for the street closure be waived because the City is expediting the closure of the street right -of -way and required specified survey standards to be met. 2 Upon approval from Council and ordinance issued, all grants of easement closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to Building Permit approval of construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. 3. Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 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 H :\ LEG- DIR\Joseph \ORD- EnnisJ -ay. doc ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 26th day of July, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved Jz / 1-o , 2005 By: Joseph H ney Assistant City Attorne For City Attorney H: \LEG -DIR \Joseph \ORD- EnnisJ- ay.doc Henry Garrett Mayor Corpus Christi, Texas day of 2005 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, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H: \LEG- DIRUoseph \ORD- Ennis) -ay. doc C \2000 -2099 \2009 007 21 \0WG \2009- 050574_COUNCIL- ZONING.DWG LOCATION MAP NOT TO SCALE A= 06'46'49" R= 549.43' r= 32.55' L= 64.98' SECTION 28 EL iff & AlCiATAL 4RDEN 77:A CIS IQ 'At PCS 4I -44 N.R.NGT / / / / / / / / / e 'tib • 41 / Y, rs' us[mlr / I s' FASmIr s' a 1w,r - POINT OF COMMENCEMENT FOUND 5/8-IRON ROD W!CAP' PYLE & ASSOCIATES, INC. PROFESSIONAL LAND SURVEYORS 44x9 sP.yg _svI 26 alma x ren r L O) -491 r ( O -0297 S 462227 W 0.50' ED. 5/8" IRON ROD • W/ BASS & WELSH CAP N 39'35'34" E 0.50' S 50'24'26" E 86.57' PROPOSED STREET CLOSURE' (7581 Sq. Ft.) A= 06'46'49" R= 549.93' T= 32.58' L= 65.08' LOT 4 BLOCK BAYPOINT RESORT APARTMENTS PROPOSED STREET CLOSURE ENNIS JOSLIN ROAD (SPUR 3) Being a 75.81 sq. ft (0.002 acre) tract of land out of the Ennis Joslin Rood (Spur 3) Right-of-Way adjacent to Lot 4. Block 1. Joslin Tracts, o map of Mich is recorded in Volume 58. Page 85. of the Map Records of Nueees County. Texas. NOT TO SCALE EXHIBIT C Dote: May 26, 2005 28 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Bond Issue 2004 Report #1 STAFF PRESENTER(S): Name Title /Position 1. 'Angel R. Escobar, P.E. Director Department Engineering Svcs. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. N/A ISSUE: This is a report on the status of the voter - approved Bond Issue 2004 projects BACKGROUND On Tuesday, November 2, 2004, the City of 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 election 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) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed 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 22d I 426 7 ci45 partment Head Signature) 29 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation regarding Council Focus Area - Infrastructure (Drainage, Sewer, Streets and Water) STAFF PRESENTER(S): Name Title /Position Organization 1. Ronald F. Massey Assistant City Manager City of Corpus Christi ISSUE: At the Goal Setting Retreat held on May 2, 2005, the City Council established 6 Priority Focus Areas. The City's Infrastructure (including drainage, sewer, streets and water) was identified as one of these focal points. This is the fourth of six Focus Areas to be presented for implementation in the coming year. REQUIRED COUNCIL ACTION: No formal action is required at this time. ■ Ronald F. Massey Assistant City Manager 30 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 26, 2005 AGENDA ITEM: Resolution dedicating the City property at 1815 Howard St. as Ben Garza Park, a public park, including the area formerly referred to as Ben Garza Gym and Athletic Field; and approving the Site Master Plan for Ben Garza Park. ISSUE: Dedicating the City property at 1815 Howard St., including the area formerly referred to as Ben Garza Gym and Athletic Field; and approving the Site Master Plan for Ben Garza Park. REQUIRED COUNCIL ACTION: Council must approve the Park Land dedication and the site plan. PREVIOUS COUNCIL ACTION: City Council adopted the City of Corpus Christi Parks, Recreation, & Open Space Master Plan on November 19, 2002 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the dedication of Ben Garza Park and the Site Master Plan for Ben Garza Park. Sal y Gav1 Director Parks an. Recreation Attachments: Presentation BACKGROUND INFORMATION Ben Garza Park has not been formally dedicated and there is no comprehensive Master Site Plan for Ben Garza Park. In order to seek grant funding, it is important to have the park formally dedicated and to have a detailed site plan for the future of the park and what amenities it will offer the community. Ben Garza Park Master Plan iY City of Corpus Christi PARKS & RECREATION July 26, 2005 Current Site Plan Existing Beimem Ben Garza Gym & Athletic Field 1 Amenities for Master Plan • Trails • Aquatic Element • Picnic Pavilions • Outdoor covered • Playgrounds basketball pavilions • Baseball Fields Proposed Site Plan 2 Parks & Recreation Discover the Benefits... City of Corpus Christi 3 Page 1 of 2 RESOLUTION DEDICATING THE CITY PROPERTY AT 1815 HOWARD ST. AS BEN GARZA PARK, A PUBLIC PARK, INCLUDING THE AREA FORMERLY REFERRED TO AS BEN GARZA GYM AND ATHLETIC FIELD; AND APPROVING SITE MASTER PLAN FOR BEN GARZA PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City property at 1815 Howard St., including the area formerly referred to as Ben Garza Gym and Athletic Field, is hereby dedicated as a public park named Ben Garza Park. A copy of the Site Master Plan for Ben Garza Park has been marked as Exhibit A, filed with the City Secretary, and is attached to and approved as part of this resolution. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED 11 July 2005 Doyle Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney C:N Doyle .03.05\ ORD2003.05\Resoluti. ons \05.0711 DC.Dedicate. BenGarza. Park. Resol.doc Henry Garrett Mayor Page 2 of 2 Corpus Christi, Texas day of ,2005 The above resolution was passed by the following vote: Henry Garrett. Brent Chesney Melody Cooper Jerry Garcia William Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott C.•,iDoyle .03.05 \ORD2003.05\Resolutl.ons \05.0711 DC. Dedicate.BenGarza.Park.Resol.doc Mussett St 1 31 AGENDA MEMORANDUM City Council Action Date: July 26, 2005 SUBJECT: Wastewater Pipe Rehabilitation FY 2005: IH -37, SH -286 (Crosstown Expressway) and SH -358 (Padre Island Drive) (Project No. 7336) AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept the request of rePipe- Texas Inc. in declining acceptance of the award of the contract and substituting a cashier's check in the amount of $61,063.00 in place of the bid bond and forfeiting said amount to the City. B. Ordinance appropriating a deposit in the amount of $61,063.00 from rePipe -Texas Inc. for payment of a forfeited bid bond in Wastewater CIP Fund 3430 for the Wastewater Pipe Rehabilitation FY 2005: IH -37, SH -286 (Crosstown Expressway) and SH -358 (Padre Island Drive) project; amending capital budget adopted by Ordinance No. 026188 by increasing appropriations by $61,063.00; and declaring an emergency. C. Motion authorizing the City Manager or his designee to award a construction contract to WESCO Infrastructure Technologies, LP, of Pearland, Texas, in the amount of $1,968,747 for the Wastewater Pipe Rehabilitation FY 2005: IH -37, SH -286 (Crosstown Expressway) and SH -358 (Padre Island Drive). ISSUE: The construction project consists of cleaning, televising and rehabilitating 26 sanitary sewer line segments using cured -in -place pipe (CIPP) along IH -37, SH -286 (Crosstown Expressway) and SH -358 (Padre Island Drive). This action is necessary to prevent future cave -ins, blockages, and settlements similar to those that have occurred on several sanitary sewer trunk mains throughout the city over the years. The project has bid and is ready for construction. Council approval is required to complete the project. FUNDING: Funding is available from the FY 2004 -2005 Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the items as presented. Foster Crowell Director of Wastewater Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Maps (3) H WOME`Aachelle\GEN \WastewateN3358 7336\ConstructionWgentle Memo. Jac gdl R. Escobar, P.E. irector of Engineering Services 7 /2/ /as- AGENDA BACKGROUND INFORMATION SUBJECT: Wastewater Pipe Rehabilitation FY 2005: IH -37, SH -286 (Crosstown Expressway) and SH -358 (Padre Island Drive) (Project No. 7336) PRIOR COUNCIL ACTION: 1. March 28, 2000 — Motion authorizing the City Manager, or his designee, to execute an engineering services agreement with HDR Engineering, Inc. for a total fee not to exceed $396,574 for the Sanitary Sewer Trunk Main Rehabilitation as follows: • West Point/Greenwood Trunk Main Rehabilitation • Staples Street Trunk Main Rehabilitation • Omaha Street Trunk Line Rehabilitation • Antelope 24 -Inch Trunk Main Rehabilitation • Infiltration /Inflow Related Collection System Enhancement Program: South Staples from Saratoga Boulevard to Timbergate; Timbergate from Staples Street to Opengate; and Cimmaron Boulevard from Saratoga Boulevard to south of Lipes Boulevard. (M2000 -096) a March 28, 2000 — Motion authorizing the City Manager, or his designee, to execute an agreement for construction materials engineering laboratory's inspection and materials testing services with Trinity Engineering Testing Corporation for a total fee not to exceed $21,800 for the Sanitary Sewer Trunk Main Rehabilitation. (M2000 -097) 3. February 10, 2004 — Ordinance approving the FY2003 -2004 Capital Budget in the amount of $173,624,300. (Ordinance No. 025647) 4. March 23, 2004 - Ordinance appropriating $875,000 from the unappropriated interest earnings from Wastewater 1999A CIP Fund 4243 (SRF) for the Greenwood Sanitary Sewer Trunk Main Cleaning project; amending capital budget adopted by Ordinance No. 025647 by increasing appropriations by $875,000. (Ordinance No. 025671) 5. March 23, 2004 - Motion authorizing the City Manager or his designee to execute a construction contract with Specialized Maintenance Services, Inc. of Pasadena, Texas in the amount of $705,590 for the Greenwood Sanitary Sewer Trunk Main Cleaning Project. (Motion No. M2004 -106) 6. December 21, 2004 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 3 to the construction contract with Specialized Maintenance Services of Pasadena, Texas, for the Greenwood Sanitary Sewer Trunk Main Cleaning Project in the amount of $74,875 for a total restated fee of $818,146 for the rehabilitation of an existing 10 -inch diameter cast iron sanitary sewer line under S.H. 286 Crosstown Expressway at Segrest Street and an existing 10 -inch diameter cast iron sanitary sewer line under IH -37 at Savage Lane. (Motion No. 2004 462) 7. February 22, 2005 - Motion authorizing the City Manager or his designee to execute Amendment No. 8 to the contract for professional services with HDR Engineering, Inc. in the amount of $182,436 for a total restated fee of $670,642 for the Sanitary Sewer Trunk Main Rehabilitation Project for manhole replacements and cast iron pipe rehabilitation. (Motion No. 2005 -062) H W OME\Nichelle\GEMWastewaterl7335 S 7336ConstutioM4penda Background doc IEXHIBIT "A" I Page 1 of 6 IEXHIBIT "A" Page 2 of 6 PRIOR ADMINISTRATIVE ACTION: 1. May 16, 2000 — Amendment No. 1 with HDR Engineering, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $14,412 for a total restated fee of $410,986. 2. August 7, 2001 — Amendment No. 2 with HDR Engineering, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $7,110 for a total restated fee of $418,096. 3. February 26, 2002 — Amendment No. 3 with HDR Engineering, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $10,500 for a total restated fee of $428,596. 4. March 6, 2002 — Amendment No. 4 with HDR Engineering, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $3,250 for a total restated fee of $431,846. 5. April 10, 2003 — Amendment No. 5 with HDR Engineering, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $6,500 for a total restated fee of $438,346. 6. September 5, 2003 — Amendment No. 6 with HDR Engineering, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $24,906 for a total restated fee of $463,252. 7. March 29, 2004 — Amendment No. 7 with HDR Engineering, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $24,954 for a total restated fee of $488,206. 8. July 8, 2004 — Change Order No. 1 with Specialized Maintenance Services, Inc. of Pasadena, Texas in the amount of $14,000 for the Greenwood Sanitary Sewer Trunk Main Cleaning Project. 9. November 9, 2004 - Change Order No. 2 with Specialized Maintenance Services, Inc. of Pasadena, Texas in the amount of $23,681 for the Greenwood Sanitary Sewer Trunk Main Cleaning Project. 10. March 21, 2005 — Amendment No. 9 with HDR Engineering, Inc. for the Sanitary Sewer Trunk Main Rehabilitation (Freeway System Cast Iron Pipe Rehabilitation) in the amount of $5,843 for a total restated fee of $676,485. 11. June 9, 2005 — Amendment No. 10 with HDR Engineering, Inc. for the Sanitary Sewer Trunk Main Rehabilitation [Wastewater Pipe Rehabilitation FY 2005: IH -37, SH -286 (Crosstown Expressway) and SH -358 (Padre Island Drive)] in the amount of $6,800 for a total restated fee of $683,285. PROJECT BACKGROUND: The City's Wastewater Department has experienced a number of cave -ins, blockages, and settlements on several sanitary sewer trunk mains throughout the city over the years. The contract with HDR Engineering Inc. (approved on March 28, 2000) was first initiated to address those issues in a variety of locations and involved several different projects, some of which have already been constructed: • West Point/Greenwood Trunk Main Rehabilitation (Project No. 7143) • Staples Street Trunk Main Rehabilitation (Project No. 7144) • Omaha Street Trunk Line Rehabilitation (Project No. 7145) • Antelope 24 -inch Trunk Main Rehabilitation (Project No. 7175) • Infiltration /Inflow Related Collection System Enhancement Program at South Staples, Timbergate, Cimmaron, Sycamore (Project No. 7182) • Moore Plaza Line Sanitary Sewer Rehabilitation (Project No. 7251) • Allison WWTP Trunk Main Line "A" (MH 4975 -MH 10921) and Line "B" (MH 10917 - MH 10916) (Project No. 7252) • Greenwood Trunk Main System (Project No. 7292) H' UIOMEWacnelle\GEMWastewatenl335 8 7336\ConstructionWgenaa Background.doc • IH -37, SH 286 (Crosstown Expressway) and SH 358 (Padre Island Drive) Cleaning and Televising (Project No. 7304) • Wastewater Pipe Rehabilitation FY 2005: IH -37, SH -286 (Crosstown Expressway) and SH -358 (Padre Island Drive) (Project No. 7336) Wastewater Pipe Rehabilitation FY 2005: IH -37, SH -286 (Crosstown Expressway) and SH -358 (Padre Island Drive) — Project No. 7336: The primary purpose of the IH -37, SH 286 (Crosstown Expressway) and SH 358 (Padre Island Drive) Cleaning and Televising Project (No. 7304) was to ascertain the condition of the sanitary sewer lines under the freeway system. The project included cleaning a number of cast iron pipe crossings ranging in size from 8" to 30" diameter. Some of the crossings that were labeled on the City base maps as vitrified clay pipe (VCP) were discovered to be cast iron pipe (CIP). To date, there are 21 crossings in the project that are CIP. These cast iron pipes were placed under the freeway system at the time it was built on the premise that cast iron pipe would withstand the embankment and construction loads better than vitrified clay. The cast iron pipe crossings that have been cleaned to date are severely tuberculated and deteriorated most likely due to the action of H2S gases or the resistivity of the surrounding soil. Initially the goal was to remove all the tuberculation. However after cleaning the first cast iron segment and discovering the fragile condition of the line (along with many holes), the contractor was instructed to clean the pipes sufficiently to restore as much of the flow capacity as possible without damaging the pipe. Even with the reduced cleaning effort, a second segment was discovered with multiple holes. PROJECT DESCRIPTION: The construction project consists of cleaning, televising and rehabilitating 26 sanitary sewer line segments using cured -in -place pipe (CIPP) as follows: Length of Pipe Size of Pipe 184 LF 8 -inch dia. 2,567 LF 8 -inch dia. 347 LF 10 -inch dia. 1,805 LF 10 -inch dia. 119 LF 12 -inch dia. 1,479 LF 12 -inch dia. 2,338 LF 15 -inch dia. 1,033 LF 24 -inch dia. 402 LF 30 -inch dia. 545 LF 36 -inch dia. Type of Material Vitrified Clay Pipe Cast Iron Pipe Vitrified Clay Pipe Cast Iron Pipe Vitrified Clay Pipe Cast Iron Pipe Vitrified Clay Pipe Cast Iron Pipe Cast Iron Pipe Cast Iron Pipe The construction also includes the rehabilitation of approximately 48 brick manholes; the rehabilitation of one special manhole; the grouting of approximately 545 linear feet of existing 8 -inch diameter cast iron pipe; the removal of one brick manhole; and two point repairs. The engineer's estimated construction cost is $2,146,316. BID INFORMATION: On June 22, 2005, the City received proposals from the following four bidders in ascending order: rePipe -Texas Inc., WESCO Infrastructure Technologies, L.P., Insituform Technologies Inc., and ProLine Technologies (see Exhibit "B" Bid Tabulation). The only irregularity in the bids was an error in extension on one bid item in H:\HOMEW achelle\GEMW astewaten7335 8 73361Conslntctiont4genaa Background doc EXHIBIT "A" Page 3 of 6 ProLine's bid. The bid tabulation reflects the corrected extension and total. At the bid opening, the bid of rePipe -Texas was deemed irregular in that they failed to acknowledge receipt of the two issued addenda. The base bid price of $1,221,260.00 offered by rePipe- Texas Inc. is determined to be the lowest bid for this project using the Special Provision A- 4, "Method of Award" priority in selecting the lowest bidder. In reviewing the bids for this project and the consultant's (HDR Engineering) estimate of probable cost, all bids are below the engineer's estimate. The bid of rePipe -Texas Inc. is $928,740 (43 %) below the estimate and $747,487 (38 %) below the second low bidder. The second low bidder is $181,253 (8 %) below the estimate. The fourth low bidder is $38,917 (1.8 %) below the estimate. The second low and last bidders were within $142,336 of each other. The City received a letter from rePipe -Texas Inc. dated June 27, 2005 requesting to withdraw their bid citing an informational disadvantage because they did not receive the addenda. However, the consultant is of the opinion that none of the items in the addenda materially affected the bids. In addition, Section 271.026 of the Local Government Code cites a common law right of a bidder to withdraw the bid due to a material mistake in the bid. The code does not elaborate as to what constitutes a material mistake. TXDOT has adopted rules that outline a procedure for withdrawal of bids for their projects (Texas Administrative Code, Title 43, Part 1, Chapter 9, Subchapter B, Rule 9.16e). To date, neither the City nor the consultant have received any information from rePipe -Texas Inc. relating to a material mistake in the bid. Based on the information available, there appears to be no administrative or technical reason not to award the contract to rePipe -Texas Inc. The irregularity of not acknowledging receipt of the addenda should be waived. The City received a letter from rePipe -Texas Inc. dated July 19, 2005 (attached) which states that rePipe -Texas Inc. declines to accept the award of the contract. They have requested substitution of a cashier's check in the amount of $61,063.00 in place of the bid bond. The City and the consultant believe that the this approach will satisfy the intent and purpose of the bid bond without the time and effort to award the contract to rePipe -Texas Inc., have them not execute the contracts, rescind the award, contact the surety company for the bid bond, and then award to the second low bidder. CONCLUSION: The City and the consultant recommend the following: • Accept the request of rePipe -Texas Inc. in declining acceptance of the award of the contract and substituting a cashier's check in the amount of $61,063.00 in place of the bid bond. • Award the contract to WESCO Infrastructure Technologies, L.P., in the amount of $1,968,747 for the total base bid. CONTRACT TERMS: The contract specifies that the project will be completed in 170 calendar days with completion anticipated by the end of February 2006. H:\ HOME \Rachelle\GEMWastewaterl]335 & 7336\ Construction \ Agenda Background.doc EXHIBIT "A" Page 4 of 6 July 19, 2005 Via Federal Express Mr. Angel Escobar Director, Department of Engineering City of Corpus Christi, Texas 1201 Leopard Street Corpus Christi, TX 78401 QPIPE -TEXAS A rePipe Company Re: City of Corpus Christi Wastewater Pipe Rehabilitation FY 2005 (IH-37, SH286 (Crosstown Expressway), and SH358 (Padre Island Dr.)) Bid Date: June 22, 2005 at 2.00 p m Bid Bond in the amount of 5% issued by Arch Insurance Company Dear Mr. Escobar, In accordance with our recent discussions, rePipe-Texas, Inc. is writing to notify the City of Corpus Christi that it declines to accept the award of the contract on the above - referenced projects. rePipe hereby requests substitution of the enclosed cashier's check, in the amount of $61,063.00, payable to the City of Corpus Christi, in the place of the Bid Bond (copy attached hereto). By accepting the cashier's check, the City of Corpus Christi releases all claims that it may have against rePipe-Texas, Inc., its affiliates, officers, directors, attorneys, and insurers and sureties (including, without limitation, Arch Insurance Company) with regard to the above-referenced projects, the rePipe bid, and the Bid Bond. Please sign this letter on the line below, and return it to me, with the original Bid Bond, in the enclosed prepaid Federal Express envelope, after which you should negotiate the cashier's check. Sincerely yours, Luke Keenan rePipe-Texas, Inc. Accepted and agreed to, City of Corpus Christi, Texas: By: Angel Escobar Its: Director, Department of Engineering EXHIBIT "A" Page 5 of 6 7600 S. Santa Fe, Bldg. 'E Houston, TX 77061 tel 713. 634.0439 fax 713.634.0489 www.repipeinc.com HOLD DOCUMENT UP TO THE LIG 499156243807 499157 REV3 07/03 813526443 _, /� µ . HOLD DOCUMENTrU�HE LIGHT .O 988591131 TRUE n rauE wATERM35RK • � l,i' w N ,... n "' Texas PO BOX 27459 IIOU5i ON, TEXAS 77227 -7459 PURCHASER• REPIPE - TEXAS, INC. Noti to Purchaser: As a condition to this Institution's Issuance 8 this check, urchaser agrees to provide an Indemnity Bond prior to the refund or re acement of this check In the event It Is lost, misplaced, or tolen. PAY — — _— EXACTLY — — — ' Sixty On Thousand Sixty Three Dollars and Zero Cents PAY TO THE CITY OF CORPUS CHRISTI ORDER OF Isuea by Integrated Payment Systems Inc, Englewood, Colorado To Citibank N.A., Buffalo, NY DATE 10 -86 220 Voni If aver 461,063 00 AMOUNT 7/19/2005 $61,063.00 CHECKS OVER $25,000.00 MUST EVP '45 170 le 1 :0 2 20008681: 2 500 988 5 9 i 13 190 EXHIBIT "A" Page 6 of 6 b a a ENGINEER'S ESTIMATE: 52,146,316.00 ogles, N.A.L.L.C. .M. 812 TX 78617 AMOUNT 1 8 i. $ ^ '� $ E u� O Cl 14,574.001 8 m 8 E o ¢8 < a 8 N n 8 O i 88 1 n 21,042.00 1 8�y l0 a s iDi 8 O 8 UNIT PRICE I 8 N 8 42.00 8 < t 8 8 4.00 8 O 8 r 8 N 8 ^ 8 3 8 88p N 52.00 00'6 m 8 8 8ryy AMOUNT 8 8 I 472 00 13,432.00 p R p W p N p R p a 5,072.00 p p R p 8 p ‘,11 p N r p 8 InsBUform Ted 702 Spirit Chesterfield UNIT PRICE 8 8 800 73.00 8 m 8 0., O m O m 8.00 O m 00'8 88.00 O R 88.00 p O m O 8 O 8 p 8 8 WESCO Infrastructure Technologies, LP. 3808 Knapp Rd. Peadand, TX 77581 AMOUNT •c m f 8tp 8 n t0 to- 8 8 O N 8 N 8 m N {88 § O �8 N $ CD <'1 8 § N 8 01 m 8 § CO 8 A N 187,040.00 18,594.00 8 3 UNIT PRICE 8 8 8 8 e 8 8 8 m 8 a 8 45.00 8 gi 8 s 8 m 8 8 o 80.00 18.00 8 Repipe Texas, Inc. 7600 Santa Fe, Bldg E Houston, TX 77061 AMOUNT 8 8 8 8 8 8 5,415.00 8 8 8 a 8 a 8 °ii 8 ea a 8 8 m 8 ro w D C t D CUll,tAILI.Utl f 8 N 2.00 I 8 N 8 O 8 N 8 N y 8 8 8 Ih 8 8 3.00 8 O 2.00 41.00 8 m 8 O 1 i i 3 t D W J LL J LL JVp 0 _j LL _I LL J LL J u J LL J u J LL J LL J u J LL LL u LL Q ` m N fV N N li li G a0 52 V V C N N - DESCRIPTION Mobilizatbn Demobilization and Ponds Clean, Inspect and Televise existing 8" dia. Vitrified Clay pipe sewer Rehabilitate existing 8" dia. Vitrified Clay Pipe sewer with CIPP and Televise after rehabilitation Clean, Inspect and Televise existing 8" dia. Cast Iron nine sewer Rehabilitate existing 8" dia. Cast Iron Pipe sewer with CIPP and Televise after rehabilitation Clean, Inspect and Televise existing 10" dia. Vitrified Clay nine sewer Rehabilitate existing 10' dia. Vitrified Clay Pipe waxer with CIPP and Televise after rehabilitation �Clearx, Inspect and Televise existing 10" dia. Cast limn nine sewer Rehabilitate existing 10" dia. Cast Iron Pipe sewer with CIPP and Televise after rehabilitation Clean, Inspect and Televise existing 17 dia. Vitrified Clay nine sewer Rehabilitate existing 12" dia. Vitrified Clay Pipe sewer with CIPP and Televise after rehabilitation Clean, Inspect and Televise existing 12" dia. Cast Iron nine sewer IRehabilltate existing 12" dia. Cast Iron Pipe sewer! with CIPP and Televise after rehabilitation Clean, inspect and Televise existing 15" dia. Vitrified Clay nine sewer Rehabilitate existing 15" dia. Vitrified Clay Pipe sew with CIPP and Televise after rehabilitation Clean, Inspect and Televise existing 24" dia. Cast Iron pipe sew Rehabilitate existing 24" dia. Cast Iron Pipe sewer with CIPP and Televise after rehabilitation Im� N N O N CO N. CO CO - N CO • N CO N IEXHIBIT "B" Page 1 of 2 ENGINEER'S ESTIM TIME OF COMPLETION: 170 Calendar Days Pro Line Technologies, N.A.LL.C. 10840 F.M. 812 DelValle, TX 78817 'o i 8 . 5 8 . g 8 . 8 . 8 . § 8 . § 8 . g 8 . g 8 . § 8 . § 8 . § ggg 8 . § 8 . § 8 . § 8 . 8 . k 4, UNIT PRICE 8 0 8 ca p pO p 8 8 m d 8 N ni 8 O ro O ui 8 O vi 700.00 8 N of 8 N Insltufonn Technologies, Inc. 702 Spirit 40 Park Dr. Chesterfield, MO 63005 AMOUNT 1p8� 88 oO m 88 0 N 1p8� f 88 O g 8 N 88 m np 8 r as S8 O NN 88 O 88 O 88 O upl 88 f0 $8 t0 2,750.00 I $ 2,090,910.00 UNIT PRICE 25.00 8 8 8 d 8 N 8 N n p1 8 m 8 § n 8 8 N p0 O O W p O O N 8 N r 8 N O 8 § p 8 N WESCO Infrastructure Technologies, LP. 3808 Knapp Rd. Pearland, TX 77581 AMOUNT pN8 O 8 8 N 8 O8N N N 8 X'j R 8 m O 8 8O cc 8 d 8 8 N ^ 8 8 O 8 88 8 d $ 1,968,747.00 UNIT PRICE 8 N 8 Y 0 p8 N 8 88 O! Y Spy fl 88 O 0 8 m 50.00 88 N N pN8 I� W 88 O 88 N 88 N 88 d Repipe Texas, Inc. 7600 Santa Fe, Bldg E Houston, TX 77061 z O i 2010.00 8 < 27 250.00 122,625.00 8 8 8 1� 8 to 8 N 8 d 8 W O 8 CI 50.00 8 O 8 rcq $ 1,221,260.00 UNIT PRICE 8 N 8p 50.00 V8 N 88 O d 155.00 88 O ^ 8 N 88 N $ N d 88 O S 8 ? 8 ^ 5,000.00 8 N goi lit gg 1g = LL J LL J LL J LL J d u7 LL j a W LL J LL U Ui Q W LL J LL J Q W Y V Q0 d pp pp d dd N yy N w y� l7 - O - N S S N O DESCRIPTION Clean, Inspect and Televise existing 30" dia. Cast 1 Ilron pipe sewer Rehabilitate existing 30' dia. Cast Iron Pipe sewer Silt CIPP and Televise after rehabilitation Clean, Inspect and Televise existing 36" dia. Cast iron doe sewer Rehabilitate existing 36' dia. Cast Iron Pipe sewer with CIPP and Televise after rehabilitation Rehabilitate Existing Manholes using FRP inserts Extra depth of rehabilitation of brick manholes usino FRP manhole Inserts Rehabilitate existing special brick/concrete manholeNauti #13315 usino sorav- applied bath- Grout Existing 8' dia. Cast Iron Pipe sewer ..,Grout Voids outside the pipe Remove Existing Brick Manhole and Backfill ',Point Repair Extra length for Point Repair Trench Safety for Point Repairs And Additional I .unnth c Pitt Repairs Toxicity Characterization of sediments and sludge] Disposal of toxic sediment and sludge waste (TOTAL BASE BID ElCD W 8 N N N N N m N W 8 t7 ix To C p d 5 y W P a EXHIBIT "B" Page 2 of 2 PROJECT BUDGET Wastewater Pipe Rehabilitation FY 2005: IH -37, SH -286 (Crosstown Expressway) and SH -358 (Padre Island Drive) (Project No. 7336) July 26, 2005 FUNDS AVAILABLE: Wastewater CIP Fund $2,244,078.00 FUNDS REQUIRED: Construction (WESCO Infrastructure Technologies) $1,968,747.00 Contingencies (10 %) 196,875.00 Professional Services (HDR Engineering Inc.) 41,191.00 Engineering Reimbursements 1,393.00 Construction Inspection Activity 32,484.00 Misc. (Printing, Advertising, etc.) 3,388.00 Total $2,244,078.00 H: WOMEYiachelIetGEMwastewater\7335 & 7336 tConetrutionwroject Budget EXHIBIT "C" Page 1 of 1 \ Mproject -Vcouncilexhibits \exh7336.dwg DESIGNATION LOCATION SIZE MATERIAL 14 MIDDLE LN 10 CIP 1 -2 SHARPSBURG LS 24 CIP 1-4 HART RD 24 CIP 1 -6 SANDY RIDGE 10 CIP I -6 SESSIONS 8 CIP 1 -10 TURKEY CREEK 15 CIP L -1 LEOPARD ST 12 CIP 8 VCP LOCATION MAP I -18 NOT TO SCALE AGNES POINT REPAIR 1 PROJECT # 7336 LOCATION MAP NOT TO SCALE DESIGNATION LOCATION SIZE MATERIAL I-14 CANTWELL 10 CIP NS VANCURAS 10 CIP HT MUELLER 8 VCP I-18 BUDDY LAWRENCE 12 VCP 1-19 BAYMOOR 8 VCP 1-20 NUECES BAY 12 CIP 1-26 CROSSTOWN 36 CIP EXHIBIT "D" WASTEWATER PIPE REHABILITATION FY 2005: IH -37 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 o f 3 DATE: 07-19-2005 - :... \Mproject \ c ouncilexhibits \exh 7336. dwg I H 37 ;ES BAY CCRPUS CHR /517 BAY PROJECT # 7336 LOCATION MAP NOT TO SCALE ti,,FD4 pC DESIGNATION LOCATION SIZE MATERIAL C-3 MORRIS 10 CIP C-4 HANCOCK 8 CIP Cfi PORT 15 VCP C -T BOLIVAR 12 VCP C-8 ANDREWS CROSSING 8 VCP C -10 HORNE 15 CIP C -11 SHERMAN 12 VCP C-12 ISLLA 8 VCP EXHIBIT "D" WASTEWATER PIPE REHABILITATION FY 2005: SH -286 (Crosstown Expressway) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 3 DATE: 07 -19 -2005 mwm 'my \Mproject councilexhibits \ exh 7336. dwg PROJECT # 7336 LOCATION MAP NOT TO SCALE DESIGNATION LOCATION SIZE MATERIAL P -1 HAMPSHIRE RD 8 CIP P-8 GIBSON UNDER SH N N 8 VCP P -11 KOSTORYZ RD 12 CIP&VCP P -12 KOSTORYZ RD 15 VCP S -1 SARATOGA BLVD 12 VCP EXHIBIT "D" WASTEWATER PIPE REHABILITATION FY 2005: SH -358 (Padre Island Dr) /SARATOGA BLVD CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 3 of 3 DATE: 07 -19 -2005 ORDINANCE APPROPRIATING A DEPOSIT IN THE AMOUNT OF $61,063.00 FROM RE -PIPE TEXAS, INC. FOR PAYMENT OF A FORFEITED BID BOND IN WASTEWATER CIP FUND 3430 FOR THE WASTEWATER PIPE REHABILITATION FY 2005: IH -37, SH -286 (CROSSTOWN EXPRESSWAY) AND SH -358 (PADRE ISLAND DRIVE) PROJECT; AMENDING FY 2004 -2005 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026188 BY INCREASING APPROPRIATIONS BY $61,063.00; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Appropriating a deposit in the amount of $61,063.00 from Re -Pipe Texas, Inc. for payment of a forfeited bid bond in Wastewater CIP Fund 3430 for the Wastewater pipe rehabilitation FY 2005. IH -37, SH -286 (Crosstown Expressway) and SH -358 (Padre Island Drive) Project. SECTION 2. Amending the FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $61,063.00. 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 July, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: July eV , 2005 P ohn P. Burke, Jr. Assistant City Attorney For City Attorney ORD Appro 4 wastewater rehab.doc.11a Corpus Christi, Texas Day of , 2005 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: Uwe, 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, Henry Garrett, Mayor City of Corpus Christi ('ouncil Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott ORD Appro 4 wastewater rehab.doc.Ila 32 AGENDA MEMORANDUM July 26, 2005 SUBJECT: Professional Minor League Baseball Stadium — Project No. 4285 AGENDA ITEM: a. Ordinance appropriating $2,742.36 from unappropriated interest earnings and $14,985.00 from miscellaneous revenues into Baseball Stadium 2004 CIP Fund No. 3276 for the Whataburger Field; amending the Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $17,727.36; and declaring an emergency. b Ordinance appropriating $1,450.00 from miscellaneous revenues received as restitution for theft of ballpark boiler doors into General Fund No. 1020 for the Whataburger Field; amending the FY2004 -2005 Adopted Budget adopted by Ordinance No. 025878 by increasing appropriations by $1,450.00; and declaring an emergency. c. Ordinance appropriating $168,797.00 from the Corpus Christi Hooks into the Baseball Stadium 2004 CIP Fund No. 3276 for team requested modifications to Whataburger Field; amending the Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $168,797.00; and declaring an emergency. d. Ordinance appropriating $86,099.78 from Whataburger Inc. into the Baseball Stadium 2004 CIP Fund No. 3276 for concessionaire requested modifications to Whataburger Field; amending the Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $86,099.78; and declaring an emergency. e Motion authorizing the City Manager, or his designee, to execute Change Order No. 6 with the Construction Manager at Risk contract with Fulton /Coastcon and Hunt Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana in the amount of $467,011.15 for installation of additional improvements at Whataburger Field and increasing the Guaranteed Maximum Price to $23,577,837.15 for construction for the Professional Minor League Baseball Stadium. FUNDING: Funding is available from the Baseball Stadium 2004 CIP Fund. RECOMMENDATION: Approval of the ordinances and motion as presented. Pow AP- E. Angel R. Escobar, P. E. Director of Engineering Services ADDITIONAL Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. 7 /z`ie,s INFORMATION Background Information Budget Change Order Summary Copies of Hooks/Whataburger Checks Location Map H \ HOMED CEVINS \GEN\Baseball \CO6Memo.doc BACKGROUND INFORMATION ADDITIONAL INFORMATION: The architect issued several document packages after the GMP was established to complete the design and accommodate user needs. This includes a number of enhancements that represent significant improvements to the stadium. Several of the changes incorporated into this final change order were initiated are the request of the Corpus Christi Hooks and Whataburger. The Hooks and Whataburger have submitted payments in the amounts of $168,797 and $86,099.78 respectively. See Exhibit D. Several of the items included in Change Order No. 6 address areas that were not included in the design package at the time the price was established. The fast track nature of the project resulted additional details that were not included when the Guaranteed Maximum Price was negotiated. The project manager, staff, contractor and team owners worked together to minimize the cost of these enhancements to the City. However, these actions still require a net increase of $474,304.15. This change order includes a $200,000 credit for unused contract allowances to help defray the cost of the Change Order No. 6. The Hooks and Whataburger are paying $254,896.78 of that cost. Thirty -two (32) items are included on this change with six of the items costing in excess of $20,000. A detail of the thirty -two items is attached. See Exhibit C. The six items with a price in excess of $20,000 are: • PCO #63 — Hooks requested the addition of a Rock Climbing wall foundation. This PCO also includes protective spray for metal deck floor flutes. Hooks will reimburse the city for about 50% of this cost. Add = $27,644.00 • PCO #76 - Added 7 tri- vision ad panels for the outfield walls. Was in design concept but deleted by note in bid drawings. These panels were not included in the FGMP. Add = $115,256.00 • PCO #41 — Changes on landscape and irrigation, concrete and utilities. Modified the bullpens, storage bin pad and booster pump pad. Add = $23,979.00 • PCO # 68 - Relocation of the Novelty Store and reconstruction of portions of the warehouse structure. Add= $ 55,000.00 • PCO # 67 - Revisions to the presses and boiler room. Add= $ 23,005.15 • PCO 152 Added handicap ramps to match the handicap ramps from parking lots. Add= $21,865.00 H % HOME\K EVINS \GEN\Baseball\C06BkgExhA.doc EXHIBIT A Page 1 of 4 PRIOR COUNCIL ACTION: The Stadium Project has involved a number of complex actions. Some of the significant actions by Council include: October 24, 2003 — a. Motion authorizing the City Manager, or his designee, to execute an architectural services contract in an amount not to exceed $1,240,000.00 with HKS, Inc. of Dallas, Texas for the Professional Minor League Baseball Stadium (M2003 -370). b. Motion authorizing the City Manager, or his designee, to execute a project management services contract in an amount not to exceed $475,175.00 with Anderson Group Construction Management, Inc. of Corpus Christi for the Professional Minor League Baseball Stadium (M2003 -371) October 28, 2003 - Motion authorizing the City Manager, or his designee, to execute a geotechnical investigation contract in an amount not to exceed $33,400.00 with Kleinfelder of Corpus Christi, Texas for the Professional Minor League Baseball Stadium (M2003 -389). October 28, 2003 - Motion authorizing the City Manager, or his designee, to execute a geotechnical investigation contract in an amount not to exceed $33,400.00 with Kleinfelder of Corpus Christi, Texas for the Professional Minor League Baseball Stadium (M2003 -389). November 11, 2003 - Motion authorizing the City Manager, or his designee, to execute a demolition contract with Cherry Demolition Company, of Houston, Texas, in an amount not to exceed $466,000 for the Demolition of Compress Units 1, 2, and 3 for Stadium Construction subject to approval of an agreement with the Port of Corpus Christi Authority to purchase the property (M2003 -405). December 9, 2003 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract in an amount not to exceed $32,500.00 with Wilbur Smith and Associates, Inc. of Dallas, Texas for a parking, roadway, and traffic study for the Professional Minor League Baseball Stadium (M2003 -434) December 16,2003 — Motion authorizing the City Manger to execute a binding agreement with RSR Sports, Inc. relating to the location and operation of a minor league baseball team in the City (M2003 -452). December 16, 2003 — Motion authorizing the City Manager to execute a Contract of Purchase with the Port of Corpus Christi Authority for the City Corpus Christi baseball stadium and related parking spaces subject to the certification of funds (M2003 -453). January 13, 2004 - Motion authorizing the City Manager, or his designee, to execute a contract for Construction Manager at Risk with Fulton /Coastcon and Hunt Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana for the Professional Minor League Baseball Stadium (M2004 -016). February 24, 2004 — a. Motion to amend prior to second reading by substituting an amended long -term lease with Round Rock Baseball, Inc., to manage and operate a baseball stadium (M2004- 069). b. Ordinance authorizing the City Manager to execute a long -term lease with Round Rock Baseball, Inc., to manage and operate a baseball stadium to be constructed by the City, in consideration of the payment of rent and the obligation to have a minor league baseball team affiliated with major league baseball play its home games in the stadium (First Reading 01/27/04 — Ord. No. 025662). H- \ HOME \K E V I N S \G E N \B a s e b a I I \C 06 B kg E x h A. d o c EXHIBIT A Page 2 of 4 c Motion authorizing the City Manager to execute a non - relocation agreement by and between the City of Corpus Christi and Round Rock Baseball, Inc. (M2004 -070). March 30, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Construction Manager at Risk contract with Fulton /Coastcon and Hunt Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana establishing a Guaranteed Maximum Price of $21,460,526 for construction for the Professional Minor League Baseball Stadium (M2004 -123). April 13, 2004 - Motion authorizing the City Manager, or his designee, to execute a Construction Materials Inspection and Laboratory Testing Contract in an amount not to exceed $79,880 with Kleinfelder of Corpus Christi, Texas for the Professional Minor League Baseball Stadium (M2004 -146). January 11, 2005 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 with the Construction Manager at Risk contract with Fulton /Coastcon and Hunt Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana in the amount of $331,409.00 for installation of a 36 -inch Storm Water Main from Whataburger Field to the Corpus Christi Ship Channel and increasing the Guaranteed Maximum Price to $21,791,935 for construction for the Professional Minor League Baseball Stadium (M2005 -014). February 8, 2005 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 2 with the Construction Manager at Risk contract with Fulton /Coastcon and Hunt Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana in the amount of $361,369.00 for installation of additional improvements at Whataburger Field and increasing the Guaranteed Maximum Price to $22,153,304 for construction for the Professional Minor League Baseball Stadium (M2005 -043). February 22, 2005 — a. Ordinance appropriating $214,007.61 from unappropriated interest earnings and $27,293.39 from anticipated interest earnings from Baseball Stadium 2004 CIP Fund No. 3276 for the Whataburger Field; amending the Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $241,301; and declaring an emergency. b. Motion authorizing the City Manager, or his designee, to execute Change Order No. 3 with the Construction Manager at Risk contract with Fulton /Coastcon and Hunt Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana in the amount of $393,150.00 for installation of additional improvements at Whataburger Field and increasing the Guaranteed Maximum Price to $22,546,454 for construction for the Professional Minor League Baseball Stadium. March 8, 2005 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 4 with the Construction Manager at Risk contract with Fulton /Coastcon and Hunt Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana in the amount of $247,368.00 for installation of additional improvements at Whataburger Field and increasing the Guaranteed Maximum Price to $22,793,822 for construction for the Professional Minor League Baseball Stadium (M2005 -080). March 22, 2005 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 5 with the Construction Manager at Risk contract with Fulton /Coastcon and Hunt Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana in the amount of $297,004.00 for installation of additional improvements at Whataburger Field and increasing the Guaranteed Maximum Price to $23,090,826 for construction for the H. \HOME \KE V I N S \G E N \Baseball \CO6 BkgExhA.doe EXHIBIT A Page 3 of 4 Professional Minor League Baseball Stadium (M2005 -098). PRIOR ADMINISTRATIVE ACTION: October 10, 2003 — Distribution of Request For Proposals (RFP) No. 2003 -06 (Professional Minor League Baseball Stadium Project) to 3 local contractors and 6 out of town contractors for Construction Manager at Risk. November 12, 2003 — Addendum No. 1 to the Request for Proposals (RFP) No. 2003 -06 Professional Minor League Baseball Stadium Project) to 3 local contractors and 6 out of town contractors for Construction Manager at Risk. February 20, 2004 — Award of Change Order No. 1 to Cherry Demolition Company, of Houston, Texas, in the amount of $18,000 for saw cutting for roof separation, and saw cutting fire walls. November 30, 2004 — Award of Amendment No. 1 to Kleinfelder of Corpus Christi, Texas in the amount of $11,972 for materials testing and laboratory services. FUTURE COUNCIL ACTIONS: The team and Whataburger have agreed to pay for a number of items that have been added to the project. Additional items are being reviewed for an additional change order. Several of the items were requested by the Hooks and additional funding from the team is anticipated to address those items. Discussions with the contractor also include the application of remaining contract contingency to address some of those items. FUNDING: Funds are available from the Baseball Stadium 2004 CIP Fund, Business and Job Development Fund, General Fund (Restitution) and Street ADA Bond Funds. EXHIBIT A Page 4 of 4 H \ HOME\K EVINS \GEN\Baseball \CO6BkgExhA.doc ILABLE: PRELIMINARY BUDGET Professional Baseball Stadium CORPUS CHRISTI, TEXAS July 26, 2005 PRELIMINARY ACTUAL BUDGET BUDGET Stadium Bond Proceeds 25,750,000 Bond Interest Misc. Revenue Appropriation 259,028 Restitution Proceeds 1,450 Hooks/Whataburger Revenue 254,897 Sales Tax Proceeds 1,364,366 Storm Water CIP Fund 331,409 Total 27,961,150 FUNDS REQUIRED: Demolition 484,000 Construction (GMP) 21,460, 526 Change Order No. 1 (Storm Water Outfall) 331,409 Change Order No. 2 (Increased Scope) 331,369 Change Order No. 3 (Changed /Increased Scope) 393,150 Change Order No. 4 (Changed /Increased Scope) 247,368 Change Order No. 5 (Changed /Increased Scope) 297,004 Change Order No. 6 (Tenant Changes /Increased Scope) 467,011 Construction Contingencies 1,327 Design Consultant (Arch. /Engineer) 1,240,000 Project Management 475,175 North Tancahua Extension (Design) 24,805 Land 1,800,000 SBC Telephone 10,000 Engineering Reimbursements 13,109 Survey Reimbursements (included in NE contract) Construction Inspection (by Project Managment) Testing (Materials & Quality Control) 79,880 Testing Amendment No. 1 (Materials & Quality Control) 7,691 Geotechnical 33,400 Admin. Reimbursements Art 187,500 Environmental Clearance 13,554 Elimination of Architectural Barrier Review 950 Miscellaneous Expenses (Printing, Advertising, Express, etc.) 61,922 Total 27,961,150 Exhibit B Page 1 of 1 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET JULY 26, 2005 PROJECT: WHATABURGER FIELD BASEBALL STADIUM Project No. 4285 APPROVED: COUNCIL MOTION No. 2004 -123 APPROVED 03/30/04 CONTRACTOR: Fulton /Coastcon and Hunt Construction Group, J.V., LLC P. O. Box 9486 Corpus Christi, TX 78469 TOTAL CONTRACT AMOUNT 21,460,526.00 25% Limit Amount 5,365,131.50 Change Order Change Order Change Order Change Order Change Order Change Order No. 1 (01/11/05) No. 2 (02/08/05) No. 3 (02/15/05) No. 4 (03/08/05) No. 5 (03/22/05) No. 6 (07/12/05) Total H \ HOME\ KEVINS \GEN\Baseball \CO6SumExhC.doc 331,409.00 361, 369.00 393,150.00 247, 368.00 297, 004.00 $467,011.15 2,097,311.15 = 9.77% < 25% Exhibit C Page 1 of 4 CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER NO: 06 PROJECT NO: 4285 CONTRACT TIME: Complete 4 -5 -05 Operating Department: Engineering Services DATE: July 11 2005 Name of Project: Corpus Christi Baseball Stadium - Whataburger Field Contractor: Fulton - Coastcon /Hunt JV CHANGE 1. FCH PCO's 57,63 ,65,69,70,71,72,76,77,83,85,86 88,89,91,92,93,94, 99,100,101,103,104.105,106, 111,114,117,119. 41,67,40R1,68,152 "Note — see page 2-4 for PCO details DEDUCT from Contingency ADD DEDUCT $467,011.15 Total Add. Lump Sum $467,011.15 Why was this change necessary? (If left off the plans and specifications, explain why) These are items that were not part of the original bid or they were removed as a Value Engineering option that later had to be added back and many are Hooks, Port of Corpus Christi and Whataburger requested changes. How can similar changes be avoided in the future? 1 Due to the fast track nature of the Baseball Stadium the design concept was not fully developed until after construction had begun. Thus this change could not be reasonably avoided. A CONTRACT PRICE $ 21,460,526.00 B. TOTAL CHANGE ORDERS (inc. current) $ 2,097,311.15 C. NEW CONTRACT PRICE $ 23,557 837.15 D THIS CHANGE ORDER $ 467,011.15 E. PERCENT TOTAL CHANGE (B /A) 9.77% F PREVIOUS ADDN'L TIME AUTHORIZED n/a c d G. ADDN'L CONTRACT TIME THIS CHANGE ORDER n/a c d H TOTAL ADDITIONAL TIME n/a c d Construction Manager CITY OF CORPUS CHRISTI, TEXAS CONTRACTOR: Fulton - Coastcon /Hunt By By: City Engineer Title: APPROVED: Operating Department Management/Budget Department Legal Department H:ViOMEVCE VINS \GEN\Baseball \CO6SumExhC.doc Exhibit C Page 2 of 4 a) PCO #57- Codes required adding a 6" fire line out to the Warehouse picnic area to supply the fire suppression system. Add = $12,222.00 b) PCO #63— Hooks requested the addition of a Rock Climbing wall foundation. This PCO also includes protective spray for metal deck floor flutes. Hooks will reimburse the city for about 50% of this cost. Add = $27,644.00 c) PCO #65— Revisions to the West Road drainage. Elevations on Civil drawings were not coordinated with adjacent Port Parking lot, requiring changes to drain inlets. Add = $4,110.00 d) PCO #69- Upgrades for the Whataburger Suite (Whataburger to reimburse). Add = $9,634.00 e) PCO #70— Hooks requested the addition of a Sports court slab with lighting. The Hooks will reimburse. Add = $18,063.00 f) PCO #71- Electrical revisions to the Club bar and Outfield Concessions Add = 10,129.00 9) PCO #72— RFI # 158 generated Mechanical revisions to the Fresh air intakes and louvers Add = $10,715.00 h) PCO #76- Added 7 trivision ad panels for the outfield walls. Was in design concept but deleted by note in bid drawings. These panels were not included in the FGMP. Add = $115,256.00 PCO #77— Added a urinal to men's restroom at the concourse level. Add = $1,630.00 j) PCO #85— Upgrade to the North Fence to Port security standards. Port will reimburse. Add = $14,985.00 k) PCO #86— Hooks Concession changes. Hooks will reimburse. Add = $2,345.00 I) PCO #88— Adjustments to the Electrical price for adding the Fire Pump. Add = $10,793.00 m) PCO #89— Hooks added security camera locations. Hooks will reimburse. Add = $6,399.00 n) PCO #91— Urinal and lavatory revisions to the outfield restroom. Add = $3,170.00 o) PCO #92— The Hooks requested a Bank cash drawer instead of a pass through. Hooks will reimburse. Add = $4,394.00 PCO #93— The Hooks requested pool concessions electrical and plumbing. Hooks will reimburse. Add = $19,707.00 PCO #94— The marquee sign was relocated to the south side of Port Ave. Electrical and Data had to be bored across the street. Hooks will reimburse. Add = $18,411.00 r) PCO #99— The courtyard area between the warehouse and the Novelty store was upgraded to sod instead of hydro seeding. The Hooks will reimburse the up charge. Add = $9,506.00 s) PCO #100— The Hooks requested the exterior glass in the Visiting team locker room be changed to translucent glass. Hooks will reimburse. Add = $1,443.00 p) q) H \ HOME\ KEVINS \GEN\Baseball \CO6SumExhC.doc Exhibit C Page 3 of 4 t) PCO #101— City code required the addition of a backflow preventer to the water softening system. Add = $2,220.00 u) PCO #103— Fire rated enclosure for the fire pump conduit. Add = $2,149.00 v) PCO #104— Advertising Sign Extensions on the right field sign frame.. HKS did not provide the length of sign required by team input during the design stage. Add = $6,667.00 w) PCO #105— Add code required fire dampers to the Visiting team corridor. Add = $2,170.00 x) PCO #106— Add Fencing under the left field bridge. This bridge was a head clearance safety issue. Fence was added on both sides to prevent access. Add = $4,974.00 y) PCO #111— Revise the gates at the Vomitory entrances. 3' wide gate on drawings was increased to the 5' vomitory opening width. Add = $1,862.00 z) PCO #114— Provide wood decking floor for the little league dugouts. Plans did not provide any type of base for the dugouts Hooks requested wood decks. Negotiating reimbursement. 109563 Add = $7,357.00 aa) PCO #117— Oil cooler for the passenger elevator. The passenger elevator machinery is overheating. In addition to the oil cooler, the machine room will get additional air conditioning. Add = $3,754.00 bb) PCO #119— Added artificial turf to the bullpen catchers and bench area. Original plans showed clay and concrete. The Hooks requested artificial turf. Negotiating reimbursement. Add = $11,462.00 cc) PCO #41— Changes on landscape and irrigation, concrete and utilities. Modified the bullpens, storage bin pad and booster pump pad. Add = $23,979.00 dd) PCO # 67- Revisions to the presses and boiler room. Add= $ 23,005.15 ee) PCO 152- Added handicap ramps to match the handicap crosswalks from the Parking Lots. Add = $21,856.00 ff) PCO # 68- Relocation of the Novelty Store and reconstruction of portions of the warehouse structure. Add= $ 55,000.00 H \ HOME \KE VINS \GEN \Baseball\C06SumExhC.doc TOTAL $467,011.15 Exhibit C Page 4 of 4 0 Monday, June 13, 2005 Kevin Stowers Asst. Dir — Engineering Services City of Corpus Christi Re: Changes Requested by Hooks Kevin: The Corpus Christi Baseball Club L.P. (Corpus Christi Hooks) agrees to the list of total changes and dollar amount of $168,797.00. We appreciate the spirit of teamwork that it took to get this project done. The city, contractor, sub - contractors and project manager should all be applauded for a job well done. Please anticipate a check in the above amount in the next two weeks. Sincerely, vv J.J. Gottsch President P.B. Bar HCorpus Christi, IX 76168 cchooks.com Phone (3611561- H066 Fax XI) 5614666 Exhibit D Page 1 of 4 cot t, sfr cit � r'8p ,t loo up: ppq,q ��pp T}}{{ CORPUS CHRISTI, TX 78469 Mg E cityoic*Im pro One Hundred S:pity7Bightlhousand Seven Hundred Ninety -Seven and 00 /100** City of C. C. P. O. Box 9277 Corpus Christi, TX 78469 -9277 MEMO TWO SIGNATURES REQUIRED OVER $5000:00. io00308•6ua ':L 1490 3 2841: 4 10008 44 3« CORPUS CHRISTI BASEBALL CLUB LP City of Corpus Christi Date Type Reference 06/13/2005 Bill American Bank - Operating Original Amt 168,797.00 6/16/2005 Balance Due Discount 168,797.00 Check Amount 3086 Payment 168,797.00 168,797.00 Exhibit D Page 2 of 4 168,797.00 WHATABURGER.. July 8, 2005 Kevin Stowers Assistant Dir. — Engineering Services City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469 -9277 Dear Kevin, Your invoice dated June 30, 2005, in the amount of $86,099.78, has been received and is in process for payment. We will deliver a check to your office on Tuesday, July Best reston A nson, Executive Vice President & COO PWA/tj WHATABUICER, INC. ONE WHATABURGER WAY, CORPUS CHRISTI, TEXAS 78411 -2981 th4FAte5U Page 3 of 4 30477 City of Corpus Christi 70322 INVOICE NO DATE DESCRIPTION GROSS DISCOUNT NET 063005 6/30/2005 86,099.78 86,099.7f SR6 ORO 7i THE FACE OF THP DOCUMENT CONTAINS A COLORED BACKGROUND ON PAPER CONTAINING A =TERN ARK AND MICROPRINTING IN SIGNATURE LINE _ • . .4?). acequn urit BON< of A rico N'A` V t. MOnthef, t n 64ki2tellsil•GA = Vt112005t OLISAisip AND NINETYMNEANp;18/1 -44 fr't .4) z Exhibit D Page 4 of 4 Mp,ode= .Pus dewmbds(C 4285e dwg NUECF JS/ 1p _ ROAD _ IH37 AGNES sORPUS 'I AHRIE'I INTERNATIONA. LCSI BOP I AIRPORT LOCATION MAP NOT TO SCALE CORPUS CHRISTI HAY STADIUM SITE IEXAS STATE AOUARIJM CORPUS CHRISTI BAY CITY PROJECT No. 4285 VICINITY MAP NOT TO SCALE EXHIBIT "E" PROFESSIONAL MINOR LEAGUE BASEBALL STADIUM CITY OF CORPUS cNHls➢, IIXAS (C U. I 6) CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 07 -13 -2005 ORDINANCE APPROPRIATING $2,742.36 FROM UNAPPROPRIATED INTEREST EARNINGS AND $14,985.00 FROM MISCELLANEOUS REVENUES INTO THE BASEBALL STADIUM 2004 CIP FUND NO. 3276 FOR THE WHATABURGER FIELD; AMENDING THE FY 2004 -2005 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026188 BY INCREASING APPROPRIATIONS BY $17,727.36; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Appropriating $2,742.36 From Unappropriated Interest Earnings and $14,985.00 from Miscellaneous Revenues into the Baseball Stadium 2004 CIP Fund No. 3276 for the Whataburger Field. SECTION 2. Amending the FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $17,727.36. 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 July, 2005. ATTEST: Armando Chapa City Secretary APPROVED: July -Pi , 2005 n P. Burke, Jr. sistant City Attorney For City Attorney tohnBu ke\ OrdReso2005Appro4WhataburgerField.11a THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas Day of , 2005 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, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott JohnBurke \OrdReso2005Wppro4 WhataburgerField.11a ORDINANCE APPROPRIATING $1,450.00 FROM MISCELLANEOUS REVENUES RECEIVED AS RESTITUTION FOR THEFT OF BALLPARK BOILER DOORS INTO THE GENERAL FUND NO. 1020 FOR THE WHATABURGER FIELD; AMENDING THE FY 2004 -2005 BUDGET ADOPTED BY ORDINANCE NO. 025878 BY INCREASING APPROPRIATIONS BY $1,450.00; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Appropriating $1,450.00 from Miscellaneous Revenues received as restitution for theft of ballpark boiler doors into the General Fund No. 1020 for the Whataburger Field. SECTION 2. Amending the FY 2004 -2005 operating budget adopted by Ordinance No. 025878 by increasing appropriations by $1,450.00. 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 July, 2005. ATTEST: Armando Chapa City Secretary Ad APPROVED: July pia , 2005 hn P. Burke, Jr. ssistant City Attorney For City Attorney JohnBudce\ OrdReso2005 \Appro4BallparkBoilerpoors.l la THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas Day of , 2005 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, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott JohnBwlce \ordReso2005 Wppro4Ba11parIcHoilernoors.11a ORDINANCE APPROPRIATING $168,797.00 FROM THE CORPUS CHRISTI HOOKS INTO THE BASEBALL STADIUM 2004 CIP FUND NO. 3276 FOR TEAM REQUESTED MODIFICATIONS TO WHATABURGER FIELD; AMENDING THE FY 2004 -2005 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026188 BY INCREASING APPROPRIATIONS BY $168,797.00; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Appropriating $168,797.00 from the Corpus Christi Hooks into the Baseball Stadium 2004 CIP fund no. 3276 for team requested modifications to Whataburger Field. SECTION 2. Amending the FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $168,797.00. 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 July, 2005. ATTEST: Armando Chapa City Secretary tcf APPROVED: July a/ , 2005 P. Burke, Jr. stant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Henry Garrett Mayor JohnBurke \OrdReso2005 \Appro4Modi5cations2 WhataburgerField.11a Corpus Christi, Texas Day of , 2005 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, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott JohnBurke \OrdReso2005\Appro4Modifications2 WhataburgerField.11a ORDINANCE APPROPRIATING $86,099.78 FROM WHATABURGER INC. INTO THE BASEBALL STADIUM 2004 CIP FUND NO. 3276 FOR CONCESSIONAIRE REQUESTED MODIFICATIONS TO WHATABURGER FIELD; AMENDING THE FY 2004 -2005 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026188 BY INCREASING APPROPRIATIONS BY $86,099.78; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Appropriating $86,099.78 from Whataburger Inc. into the Baseball Stadium 2004 CIP Fund No. 3276 for concessionaire requested modifications to Whataburger Field. SECTION 2. Amending the FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $86,099.78. 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 July, 2005. ATTEST: Armando Chapa City Secretary APPROVED: July a/ , 2005 P. Burke, Jr. A sistant City Attorney For City Attorney JohnBurke \OrdReso2005 \Appro4Conc essionairM odif.I la THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas Day of , 2005 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, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott JohnBurke\ OrdReso2005 \Appro4ConcessionairModif.11a 33 MEMORANDUM TO: Honorable Mayor and Council Members THROUGH: George K. Noe, City Manager THROUGH: Ronald F. Massey, Assistant City Manager l FROM: 'Angel R. Escobar, P.E., Director - Engineering Services i SUBJECT: McComb Relocation Services Warehouse — Power & Tancahua Building Access BACKGROUND: Redevelopment of the area generated the need for access improvement that widened North Tancahua Street. Permanent no parking zones are also programmed to initiated on Tancahua Street. The widening did not provide for truck loading at the warehouse due to the increase in traffic and pedestrians during events. Mr. McComb stated that he felt the level of use did not warrant a no parking zone and his not being able to use the street and sidewalk for building access. Mr. McComb stated that the stadium played only 70 games per year. In reality, the Hooks also have numerous other special events during the year. Whataburger Field is the starting point for several large walks and bike rides. Concrete Street Amphitheater has approximately 50 large events during the year generating heavy automobile and pedestrian traffic. Much of the pedestrian traffic crosses Tancahua Street during darkness outside of crosswalks. Many attendees of events at the Solomon Ortiz Center utilize Tancahua Street. The Ortiz Center reports they have approximately 1,200 total events of which approximately 156 are large events with an attendance of 250 to 1,000. Traffic from Portland or North Beach is directed by electronic message board onto Tancahua Street for special events at the American Bank Center. The American Bank Center reports approximately 140 large events annually. Captain Mac Donald (CCPD) has found Tancahua Street to be an important part of the traffic management plan for special events. He stated that parking restrictions will assist Police by enabling traffic officers to more efficiently move traffic in and out of the area. Parking restrictions will allow pedestrian traffic to walk from parking lots across the street under safer conditions. The review indicates there is no connection between the proposed no parking ordinance and building access. Vehicles parking on the street could actually prevent other vehicles from accessing the current doors. It should also be noted that the building is vacant and not being used. COUNCIL INSTRUCTION: Council requested Engineering staff to explore if some alternatives might be available to address Mr. McComb's access needs. Engineering services developed four alternatives that would improve access. The options were explained to Mr. McComb who stated three options appeared acceptable. ACTIONS TAKEN: Staff met with Dusty Durrell who owns the adjoining property that could provide access to the building. Mr. Durrell explained during the meeting that Mr. McComb had right of first refusal from the railroad when the property was sold. Mr. McComb declined to purchase the property or any portion of the property which had provided him with access. Mr. Durrell also pointed out after he acquired the property that Mr. McComb continued using the property without asking permission. Mr. Durrell ultimately notified Mr. McComb to no longer use the property as the trucks were damaging the lots. Mr. Durrell subsequently installed posts and cables to prevent access. Mr. Durrell was not willing to provide any additional assistance to Mr. McComb after three and a half years of unauthorized use. The two remaining acceptable options were then further refined and cost estimates development. The resulting three alternatives require the use of Tancahua Street right of way, building modifications, and a driveway width exceeding the driveway ordinance limitation. See Exhibit A. The cost of the three alternatives ranges from $30,267 to $37,244. Option A requires north bound trucks to back in parallel to the warehouse and requires the removal of concrete curb and gutter, removal of sidewalk, pavement repair, new sidewalk, new lay down curb, new concrete pavement and driveway, relocation of a warehouse door, construction of a loading dock at an estimated total cost of $34,814.53 Option B requires north bound trucks to back in parallel to the warehouse and requires the removal of concrete curb and gutter, removal of sidewalk, pavement repair, new sidewalk, new lay down curb, new concrete pavement and driveway, relocation of an existing power pole, construction of a loading dock at an estimated total cost of $30,067.33 Option C requires south bound trucks to back from the north bound lane parallel to the warehouse and requires the removal of concrete curb and gutter, removal of sidewalk, pavement repair, new sidewalk, new lay down curb, new concrete pavement and driveway, relocation of a warehouse door, existing power pole and a loading dock at an estimated total cost of $37,244.48. This option is not recommended. RECOMMENDATION: Traffic and pedestrian safety considerations dictate the no parking be permitted on Tancahua Street. Staff recommends: • Adoption of the no parking ordinance as presented; • Approval of a use privilege agreement for right of way usage upon application by the property owner provided the improvements conform to one of the two recommended alternatives and all costs are paid by the applicant. s Exhibit A Page 1 of 6 COST ESTIMATE FOR DRIVEWAY IMPROVEMENTS FOR McCOMB RELOCATION SERVICES OPTION "A" Driveway Improvements DESCRIPTION QTY. UNIT UNIT COST AMOUNT Al Remove 6" Curb & Gutter 85 LF $6.00 $510.00 A2 Remove Sidewalk 425 SF $4.50 $1,912.50 A3 Pavement Re. air 170 SF $3.00 $510.00 A4 Sidewalk 75 SF $4.00 $300.00 A5 Concrete Pavement & Driveway (6 ") La Down Curb 1,484 85 SF LF $9.00 $21.00 $13,356.00 $1,785.00 A6 A7 Loading Dock 11 CY $400.00 $4,400.00 AB Relocate Existin. Overhead Door 1 LS $6,250.00 $6,250.00 A9 Pollution Prevention Plan 1 LS $250.00 $250.00 Al0 Traffic Control 1 LS $1,000.00 $1,000.00 SUBTOTAL $30,273.50 15% Gonen!enc $4,541.03 TOTAL DRIVEWAY IMPROVEMENTS COST: $34,814.53 Exhibit A Page 2 of 6 Exhibit A Page 3 of 6 COST ESTIMATE FOR DRIVEWAY IMPROVEMENTS FOR McCOMB RELOCATION SERVICES OPTION "B" Driveway Improvements DESCRIPTION QTY. UNIT , UNIT COST AMOUNT Al Remove 6" Curb & Gutter 85 LF $6.00 $510.00 AZ Remove Sidewalk 425 SF $4.50 $1,912.50 AS Pavement Repair 170 SF $3.00 $510.00 A4 Sidewalk 75 SF $4.00 $300.00 AS Concrete Pavement & Driveway (6 "2 1,442 _ SF $9.00 $12,978.00 A6 Lay Down Curb 85 LF $21.00 $1,785.00 A7 Loading Dock Relocate Existing Power Pole 11 1 CY LS $400.00 $2,500.00 $4,400.00 $2,500.00 A8 A9 Pollution Prevention Plan 1 LS $250.00 $250.00 A10 Traffic Control 1 LS $1,000.00 $1,000.00 SUBTOTAL $26,145.50 $3,921.83 15% Contingency TOTAL DRIVEWAY IMPROVEMENTS COST: $30,067.33 Exhibit A Page 4 of 6 y.o ,.m DV IW ,,,e Exhibit A Page 5 of 6 COST ESTIMATE FOR DRIVEWAY IMPROVEMENTS FOR McCOMB RELOCATION SERVICES OPTION "C" Driveway Improvements DESCRIPTION QTY. UNIT UNIT COST AMOUNT Al Remove 6" Curb & Gutter 85 LF $6.00 $510.00 A2 Remove Sidewalk 425 SF $4.50 $1,912.50 A3 Pavement Re.air 170 SF $3.00 $510.00 A4 Sidewalk 75 SF $4.00 $300.00 A5 Concrete Pavement & Driveway (6 ") 1,441 85 SF LF $9.00 $21.00 $12,969.00 $1,785.00 A6 Lay Down Curb A7 Loading Dock 11 CY $400.00 $4,400.00 A8 Relocate Existing Overhead Door 1 LS $6,250.00 $6,250.00 A9 Relocate Existing Power Pole 1 LS $2,500.00 $2,500.00 Al0 Pollution Prevention Plan 1 LS $250.00 $250.00 Al l Traffic Control 1 LS $1,000.00 $1,000.00 SUBTOTAL $32,386.50 15% Contingency $4,857.98 TOTAL DRIVEWAY IMPROVEMENTS COST: $37,244.48 Exhibit A Page 6 of 6 AGENDA MEMORANDUM July 12, 2005 TO: Honorable Mayor and Council Members THROUGH: George K. Noe, City Manager THROUGH: Ronald F. Massey, Assistant City Manager FROM: 'Angel R. Escobar, P.E., Director of Engineering Services During the Council meeting of June 21, 2005, Council tabled the ordinances to restrict parking until July 12, 2005. The motion also directed the Engineering Department to extend negotiations with Mr. Joe McComb. Staff developed possible alternatives to address the access issue with particular attention to those alternatives that did not present a traffic hazard. A meeting with Joe McComb took place at his warehouse to determine which alternatives could be acceptable to him. Mr. McComb agreed that four alternatives could satisfactorily address his access concerns. Additional time is required to cost out each alternative and to achieve a mutually agreed solution. Staff requests the ordinances to prohibit parking be tabled to allow time to complete negotiations. gel R. Escobar, P. E. 'rector of Engineering Services H \ HOME \KEVINS \GEN \STREETS \Parking \AMemo.doc AGENDA MEMORANDUM July 12, 2005 AGENDA ITEMS: a Motion to table an Ordinance Amending the Code of Ordinances, Chapter 53 Traffic, Section 252, Schedule III, Parking Prohibited at All Times on Certain Streets, by Prohibiting Parking on the following Street Sections: 1 Port Avenue, North Side, from North Mesquite Street to a point 522 feet east of Sam Rankin Street; south side, from North Mesquite Street to Sam Rankin Street. 2 Sam Rankin Street, both sides, from E. Port Avenue to Brewster Street. 3. Brewster Street, both sides, from N. Chaparral Street to Sam Rankin Street. 4. N. Tancahua Street, both sides, from E. Port Avenue to U.S. 181. 5. E. Hirsch Street, both sides, from N. Mesquite Street to N. Chaparral Street. 6. N. Chaparral Street, both sides, from U.S. 181 to I.H. 37 b Motion to table an Ordinance Amending the Code of Ordinances, Chapter 53 Traffic, Section 252, Schedule IV, Stopping, Standing, or Parking Prohibited at Certain Hours on Certain Streets, by Prohibiting Parking between 5:30 P.M. and 2:00 A.M. on the following Street Sections: 1 N. Mesquite Street, both sides, from U.S. 181 to I.H. 37. 2 E. Port Avenue, north side, from Sam Rankin Street to a point 522 east. ISSUE: Staff met with Joe McComb at his warehouse. It was determined that four alternatives could address his access concerns. Additional time is required to cost out each alternative and to achieve a mutually agreed solution. RECOMMENDATION: Approval of the motion as presented. SiatiJ An uflrl Ft. Escobar, P. E. Director of Engineering Services ADDITIONAL SUPPORT MATERIAL Exhibit A. Location Map H \ NOME \KEVINS \GEN\STREETS \Parking \^Memo.doc CITY COUNCIL AGENDA MEMORANDUM DATE: June 21, 2005 SUBJECT: Parking Restrictions AGENDA ITEM: A. AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 53- TRAFFIC, SECTION 53 -252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY PROHIBITING PARKING ON THE FOLLOWING STREET SECTIONS: 1 E. Port Avenue, north side, from N. Mesquite Street to a point 522 feet east of Sam Rankin Street; south side, from N. Mesquite Street to Sam Rankin Street. 2. Sam Rankin Street, both sides, from E. Port Avenue to Brewster Street. 3. Brewster Street, both sides, from N. Chaparral Street to Sam Rankin Street. 4. N. Tancahua Street, both sides, from E. Port Avenue to U.S. 181. 5. E. Hirsch Street, both sides, from N. Mesquite Street to N. Chaparral Street. 6. N. Chaparral Street, both sides, from U.S. 181 to I.H. 37. B. AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 53- TRAFFIC, SECTION 53 -253, SCHEDULE IV, STOPPING, STANDING, OR PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS, BY PROHIBITING PARKING BETWEEN 5:30 P.M. AND 2:00 A.M. ON THE FOLLOWING STREET SECTIONS: 1. N. Mesquite Street, both sides, from U.S. 181 to I.H. 37. 2. E. Port Avenue, north side, from Sam Rankin Street to a point 522 feet east. ISSUE: Establish no parking restrictions along the designated streets to increase the safe and expedient ingress and egress of vehicular traffic. REQUIRED COUNCIL ACTION: Roadside - parking restrictions for distances exceeding a continuous distance 1500 feet require City Council approval. RECOMMENDATION: Approval of the proposed ordinance as presented. 'AAg R. Escobar, P.E. rector of Engineering Services ADDITIONAL SUPPORT MATERIAL: 1. Exhibit A - Background Information 2. Exhibit B - Site Map AGENDA MEMORANDUM Additional Background Information BACKGROUND: City staff in conjunction with management officials from American Bank Center, Concrete Street Amphitheater, Port of Corpus Christi and Whataburger Field have developed a comprehensive traffic control plan to minimize traffic congestion and traffic hazards for the traveling public attending the multitude of organized events within the area North of I H 37. As part of the overall traffic control planning process no parking restrictions will be established on East Port Avenue, Hirsch Street, Sam Rankin Street, Brewster Street, North Tancahua, North Mesquite Street and North Chaparral Street (Exhibit 1). 1. E. Port Avenue, North side, from N. Mesquite Street to a point 522 feet east of Sam Rankin Street; South side, from N. Mesquite Street to Sam Rankin Street. (No Parking) 2. Sam Rankin Street, both sides, from E. Port Avenue to Brewster Street. (No Parking) 3. E. Hirsch Street, both sides, from N. Mesquite to N. Chaparral. (No Parking) 4. Brewster Street, both sides, from N. Chaparral Street to Sam Rankin Street. (No Parking) 5. N. Tancahua Street, both sides, from E. Port Avenue to U.S. 181. (No Parking) 6. N. Chaparral Street, both sides from Harbor Drive to I. H. 37. (No Parking) 7. N. Mesquite Street, both sides from Harbor Drive to I. H. 37. (No Parking, 5:30 P.M. to 2:00 A.M.) 8. E. Port Avenue, North side, from Sam Rankin to a point 522 feet east. (No Parking, 5:30 P.M. to 2:00 A.M.) These streets are key entrance and exit routes for the traffic going to and from the event sites located within this area. Roadside parking along these routes has an adverse impact on traffic flow, pedestrian safety and emergency vehicle response. A total of 109 notification letters were sent out to all property owners adjacent to the street right of ways in question informing them of the Traffic Advisory Committee meeting and the Public Hearing that was held on May 23, 2005 with reference to the proposed parking restrictions. Ms. Beverly Randolph, of 1319 Chaparral, was the only resident who attended the public hearing to say she would be affected by the proposed parking restrictions. EXHIBIT "A" Page 1 of 2 Ms. Randolph would loose one parking space in front of her home as a result of the proposed parking restrictions. She has off street parking for three vehicles in her parking garage and driveway. Mr Joe McComb has a warehouse on the corner of Tancahua and Power Street that he says will be adversely affected by the parking restrictions. Although he did not attend the public hearing, Staff did meet with him to discuss his concerns. Mr. McComb would loose parking along the Tancahua side of his warehouse. His building has access on Power Street where he has a driveway and large sliding doors to access the building. Staff does not recommend his building have driveway access along Tancahua because the building is to close to the property line on that side. Traffic Advisory Committee Recommendation. The Traffic Advisory Committee voted unanimously in favor of the proposed parking restrictions. Impact of Parking Restriction on Abutting Properties: The proposed parking restrictions have not caused any appreciable negative impact on abutting properties. Temporary no parking restrictions have been in effect since April 23, 2005 and we have not received any known complaints. The temporary parking restrictions have had a substantial positive impact on traffic flow in and out of the area. We have done drive by surveys of the streets under consideration at different times of day for the last two weeks and have not observed any problems that can not be accommodated with side street parking and existing off - street parking. Justification for Full Time Parking Restrictions: Because minimal roadside parking has been observed on East Port Avenue, Hirsch Street, Sam Rankin Street, Brewster Street, North Tancahua and North Chaparral Street, Staff acknowledges that the majority of roadside parking that would occur on these streets would be from traffic generated by events at the Whataburger Field, Heritage Park, American Bank Center or the Concrete Street Amphitheater. A full time (signed) parking restriction would eliminate the need for a more costly installation of parking restriction signs if the restrictions were implemented only for during events. The parking restriction would be supplemented with a "tow -a- way" zone. Justification for Limited Parking Restrictions:, Because of existing businesses, apartments and homes Staff is proposing to limit no parking restrictions along North Mesquite Street from 5:30 P.M. to 2:00 A.M. This will be sufficient to accommodate expected traffic generated by the venues along these corridors. Most of the events will take place after the hours of 5:30 P.M. and before 2:00 a.m. Action: Staff respectfully request approval of the No Parking restrictions as presented. I EXHIBIT "A" Page 2 of 2 - NO PARKING ANYTIME NO PARKING (5:30PM - 2:00AM) EXHIBIT: 'B' SUBJECT: PROPOSED PARKING RESTRICTIONS - AREA MAP - Traffic Engineering Div. Engineering Services Dept. FILE INFO: H: \HOME\BDovidR \GEN \stuff for 'angel \no parking update.dwg 1 -1 06/02/05 16:08 bdavidr NO %REFS ATTACHED AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 53- TRAFFIC, SECTION 53 -252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY PROHIBITING PARKING ON THE FOLLOWING STREET SECTIONS: 1. E. Port Avenue, north side, from N. Mesquite Street to a point 522 feet east of Sam Rankin Street; south side, from N. Mesquite Street to Sam Rankin Street. 2. Sam Rankin Street, both sides, from E. Port Avenue to Brewster Street. 3. Brewster Street, both sides, from N. Chaparral Street to Sam Rankin Street. 4. N. Tancahua Street, both sides, from E. Port Avenue to U.S. 181. 5. E. Hirsch Street, both sides, from N. Mesquite Street to N. Chaparral Street. 6. N. Chaparral Street, both sides, from U.S. 181 to I.H. 37. PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by amending Chapter 53- Traffic, Section 53 -252, Schedule III, Parking prohibited at all times on certain streets, by prohibiting parking on the following street sections: 1. E. Port Avenue, north side, from N. Mesquite Street to a point 522 feet east of Sam Rankin Street; south side, from N. Mesquite Street to Sam Rankin Street. 2. Sam Rankin Street, both sides, from E. Port Avenue to Brewster Street. 3. Brewster Street, both sides, from N. Chaparral Street to Sam Rankin Street. 4. N. Tancahua Street, both sides, from E. Port Avenue to U.S. 181. H : \ LEG- DIR\Joseph\Ord- Trf- NoPk -P ort. doc 5. E. Hirsch Street, both sides, from N. Mesquite Street to N. Chaparral Street. 6. N. Chaparral Street, both sides, from U.S. 181 to I.H. 37. CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Sec. 53 -252. Schedule III- Parking prohibited at all times on certain streets. * * * Brewster Street, both sides, from N. Chaparral Street to Sam Rankin Street. E. Port Avenue, north side, from N. Mesquite Street to a point 522 feet east of Sam Rankin Street: south side, from N. Mesquite Street to Sam Rankin Street. • * * N. Tancahua Street, both sides, from E. Port Avenue to U.S. 181. * * * Sam Rankin Street, both sides, from E. Port Avenue to Brewster Street. * * * E. Hirsch Street, both sides, from N. Mesquite Street to N. Chaparral Street. * * * N. Chaparral Street, both sides, from U.S. 181 to I.H. 37. 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 H: \LEG -DIRV oseph \Ord -Trf -N oPk -Port. doc 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 the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Sec. 53 -55 Code of Ordinances. SECTION 5. That upon written request of the Mayor or five council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 21st day of June, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to legal form J e ( 5 , 2005. Joseph Ha ey U� Assistant City Attorney For City Attorney By: H: \LEG -DIR \Joseph \Ord -Trf -N oPk -Port. doc Corpus Christi, Texas day of 2005 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, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H:\LEG -DIRV oseph \Ord- Trf- NoPk- Port.doc AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 53- TRAFFIC, SECTION 53 -253, SCHEDULE IV, STOPPING, STANDING, OR PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS, BY PROHIBITING PARKING BETWEEN 5:30 P.M. AND 2:00 A.M. ON THE FOLLOWING STREET SECTIONS: 1. N. Mesquite Street, both sides, from U.S. 181 to I.H. 37. 2. E. Port Avenue, north side, from Sam Rankin Street to a point 522 feet east. PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by amending Chapter 53- Traffic, Section 53 -253, Schedule IV, Stopping, standing, or parking prohibited during certain hours on certain streets, by prohibiting parking between 5:30 p.m. and 2:00 a.m. on the following street sections: 1. N. Mesquite Street, both sides, from U.S. 181 to I.H. 37. 2. E. Port Avenue, north side, from Sam Rankin Street to a point 522 feet east. CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Sec. 53 -253. Schedule IV- Stopping, standing or parking prohibited during certain hours on certain streets. * * * Name of Street Hours Stopping, Standing or Parking Prohibited * * * H: \LEG -DIR\J oseph \Ord -Trf -N o Pk- Port2. doc N. Mesuite Street, both sides, Between 5:30 p.m. from U.S. 181 to I.H. 37 and2:00 a.m. * * * E. Port Avenue, north side, from Sam Rankin Street to a point 522 feet east. Between 5:30 p.m. and 2:00 a.m. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Sec. 53 -55 Code of Ordinances. SECTION 5. That upon written request of the Mayor or five council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 21st day of June, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor H: \LEG -DIR\J oseph \Ord- Trf- NoPk -Port2. doc Approved as to legal form J NA e / r , 2005. By: Joseph Haney Assistant City Attorney For City Attorney H: \LEG- DIR\Joseph \Ord-Trf -N oPk -Port2. doc Corpus Christi, Texas day of , 2005 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, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H : \LEG- DIR\Joseph \Ord -Trf -N oPk -Port2. doc 34 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 26, 2005 AGENDA ITEM: Motion to authorize an expenditure of $75,000 from the FY06 Budget as the City's portion of additional funding to be contributed to the South Texas Military Task Force. ISSUE: In response to the recent BRAC recommendation affecting the military presence in the coastal Bend, the South Texas Military Task Force has requested additional funding from local government agencies totaling $400,000. The City's share of this additional amount is $75,000. Funding for this initative can be prorated among the City's General and Enterprise Funds. The funding proposed to be expended from the FY06 Budget is detailed below: General Fund Economic Development Org. $1,250 General Fund Reserve Appropriation $28,000 Water Fund Reserve Appropriation $22,000 Wastewater Fund Reserve Appropriation $11,250 Gas Fund Reserve Appropriation $12,000 $75,000 REQUIRED COUNCIL ACTION: Authorization to expend additional $75,000 from the proposed FY06 Budget. CONCLUSION AND RECOMMENDATION: Approval of motion authorizing expenditure of $75,000 from the proposed FY06 Budget for the South Texas Military Task Force. Attachments: Oscar R Martinez Assistant City Manager 35 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 26, 2005 AGENDA ITEM: Authorizing adjustment of parks, recreation, cultural and leisure time activities rental and recreational fees; adding new rental fees and recreational fees for fiscal year 2005 -06; providing for publication; providing effective date; and providing for severance. ISSUE: The Park and Recreation Department annually updates fees and provides a copy to the City Manager annually for approval. The fees must bear a reasonable relation to current rental fees charged for use of similar commercial facilities so as to neither be excessive or grossly deficient by comparison. REQUIRED COUNCIL ACTION: The City Council is to be provided a copy of the Schedule of Proposed Fees and Charges and must authorize any new fees (Exhibit A) or increases to current fees of more than twenty -five (25) percent (Exhibit B). PREVIOUS COUNCIL ACTION: The City Council was provided a copy of the previous Schedule of Proposed Fees and Charges for Fiscal Year 2004 -2005. The Council also passed a resolution that approved the new fees and fee increases greater than 25 %. CONCLUSION AND RECOMMENDATION: Staff recommends City Council approve the submitted Schedule of Proposed Fees and Charges for Fiscal Year 2005 -2006. ;4 4Sally a Director (.f Parks and Recreation Attachments: Background Information Resolution Exhibit A- New Golf Fee Exhibit B- Increased Latchkey Fee BACKGROUND INFORMATION According to the Code of Ordinances, Section 36 -3, Rental Rates and Section 36 -7 Recreation Fees and Charges: the Park and Recreation Director shall prepare a schedule of rental rates for the use of facilities to include but not be limited to pavilions, shelters, picnic tables, swimming pools, recreation centers, athletic fields, Multicultural Center and the Cole Park Amphitheater. This schedule shall be submitted to the city manager for approval, and shall be reviewed on an annual basis. Such rates shall bear a reasonable relation to current rental rates charged for use of similar commercial facilities so as to neither be excessive or grossly deficient by comparison; provided however, all such rates, except athletic field rental rates shall not increase annually by more than twenty -five (25) per cent and rates for organized youth activities shall not exceed a level which would recover forty (40) per cent of the estimated cost nor shall new fees be created, without City council's approval by motion or resolution. The approved schedule shall be filed with the City Secretary and copies shall be provided to the City Council. Specific rates, however, may be adjusted at any time, and the Park and Recreation Director shall have the authority to negotiate special rates for special situations. Page 1 of 3 RESOLUTION AUTHORIZING ADJUSTMENT OF PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES RENTAL AND RECREATIONAL FEES; ADDING NEW RENTAL FEES AND RECREATIONAL FEES FOR FISCAL YEAR 2005 -06; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR SEVERANCE WHEREAS, Section 36 -3 of the Code of Ordinances requires City Council approval by motion or resolution for creation of any new rental rates, or increase of existing rental rates by more than 25 percent, for parks and recreation department facility rental; and WHEREAS, Section 36 -7 of the Code of Ordinances requires City Council approval by motion or resolution for creation of any new user fees, or increase of existing user fees by more than 25 percent, for parks and recreation department facility use; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves new parks and recreation department recreational use fees, as shown in Exhibit A attached, for Fiscal Year 2005 -06. SECTION 2. The City Council approves the adjusted rental rates and recreational fees for the parks and recreation department use fees, as shown in Exhibit B attached, for Fiscal Year 2005 -06. SECTION 3. This resolution is effective August 1, 2005. SECTION 4. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. C \( Doyle. 03. 05\ ORD2003. 05\ Resoluti. ons105. 0715DC.Parks &.RecFees.Resol.COc Page 2 of 3 SECTION 5. The City Council intends that every section, paragraph, subdivision, phrase, word and provision of this resolution shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this resolution is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this resolution. ATTEST: Armando Chapa City Secretary A RAVED 15 July 2005 Doyle Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney C:\ Doyle.03 05\ ORD2003. 051Resoluti. ons\ 05 .0715DC.Parks&.RecFees.Resoldoc CITY OF CORPUS CHRISTI Henry Garrett Mayor Page3of3 Corpus Christi, Texas day of , 2005 The above resolution was passed by the following vote: Henry Garrett. Brent Chesney Melody Cooper Jerry Garcia William Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott C \( Doyle. 03. 05\ ORD2003. 05\ Resolutions \ 05. 0715DC.Parks &.RecFees.Resol.doc EXHIBIT A NEW FEES Section L L L. N 12. MARINA Boat Haul Out Facility ( Tenant Vessel) FY 05 -06 $15.00 /(11 to 30 days) Boater Facility Meeting Room $100.00 /Hour Mirador Rental $30.00 /Hour Regatta /Special Event In- Water: 3 -20 participant vessels $15.00 /Night In- Water: 21 + participant vessels (3 Day Event Term) $15.00 /Event Support Vessels $15.00 /Night On -Land $5.00 /Event Established by Marina Storage Area $0.01 /sq. ft. H \PR- OIR\SHARED \Bud0405 \Fee Schedule \EXhibiA New Fees2005- 2006.ds EXHIBIT B FEES INCREASED BY MORE THAN 25% Section 1. ATHLETICS C Adult Tournament /Camp Rentals fee FY04-05 FY05 -06 $ 50.00 $ 75.00 Section 2. AQUATICS A Youth 17 & Under (Outdoor Pools) $ 0.75 $ 1.00 F Family Night Swim $ 2.00 /Family $ 3.00 /Family Section 5. RECREATIONAL FACILITY RENTALS B Meeting Room (Regular Hours) $ 30.00 /Day $ 50.00 /Day B Meeting Room (Off -Peak Hours) $ 15.00 /Hour $ 20.00 /Hour Section 7. SUMMER YOUTH PROGRAM A Summer Recreation Program (drop in) Section 9. LATCHKEY A Monthly Fee for children on free lunch $ 1.00 /youth /week $ 50.00 $ 2.00 /youth /week $ 89.00 H \PR- DIR\SHARED\Bud0405 \Fee Schedule\ EAIIbItB25 %increase2005- 2006.ds 36 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 26, 2005 AGENDA ITEM: a. Motion to amend, prior to second reading, by substituting the ordinance amending Section 55 -22, 55 -28, and 55 -38, The Code of Ordinances, City of Corpus Christi regarding application fees for new or transferred utility service fees for testing meters, service charges related to disconnecting utility service for delinquent or unauthorized usage accounts, and service charges for bypassing or tampering with meters; providing for penalties; providing for severance; and providing for publication. b. Second Reading Ordinance - amending Section 55 -22, 55 -28, and 55 -38, The Code of Ordinances, City of Corpus Christi regarding application fees for new or transferred utility service fees for testing meters, service charges related to disconnecting utility service for delinquent or unauthorized usage accounts, and service charges for bypassing or tampering with meters; providing for penalties; providing for severance; and providing for publication. ISSUE: The Proposed FY2005 -06 Budget includes estimated revenues generated from increased fees /rates and new fees /rates necessary to fund specific projects and /or cover existing operating costs. The proposed fee/rate increases have been presented during the Budget process. The ordinance as presented provides revisions in Section 2, Sec. 55 -28, Code of Ordinances as follows: • Sec. C correcting percentage from 4 to 2% • Sec. E (1) Basic service charge for initial field visit on a delinquent account: $30.00 • Sec. E (2 -a) Tampering with utility service fee: $50.00 • Sec. E (3) Service charge for after hours, weekend, and holiday replacement or reconnection of a utility meter after utility service is cutoff by authorized City employees $45.00 • Sec. E (4) Tampering with utility service fee $50.00 • Sec. E (5 -a) Additional service charges imposed for unmetered utility services: Tampering with utility service fee 550.00 REQUIRED COUNCIL ACTION: Approval of ordinance described, increasing or establis Proposed Budget. Attachments: Ordinance g fees/rates included in the FY2005 -06 Eddie Houlihan Assistant Budget Director AN ORDINANCE AMENDING SECTION 55 -22, 55 -28, AND 55 -38, THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING APPLICATION FEES FOR NEW OR TRANSFERRED UTILITY SERVICE, FEES FOR TESTING METERS, SERVICE CHARGES RELATED TO DISCONNECTING UTILITY SERVICE FOR DELINQUENT OR UNAUTHORIZED USAGE ACCOUNTS, AND SERVICE CHARGES FOR BYPASSING OR TAMPERING WITH METERS; 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. Section 55 -22, Code of Ordinances, is revised to read as follows: "Sec. 55 -22. Application or contract for service. "(a) The utility business office manager is authorized to establish procedures to process and accept applications for utility service inside the city limits. "(b) An application or connection fee of twenty five dollars ($25.00) is required for all applications for new service or transfers of service. SECTION 2. Section 55 -28, Code of Ordinances, is revised to read as follows: "Sec. 55 -28. Metering and testing of meters. "(a) The customer shall provide at a point on his premises, to be mutually agreed upon, a suitable location for the installation of meters and such other equipment as city may deem necessary to enable it to deliver water and gas under this chapter and shall properly protect the city's property on the customer's premises and permit no one to inspect or tamper with the city's installation, apparatus and equipment, except the city's agents and persons authorized by law to do so. All bills shall be calculated upon the registration of such meters. "(b) Should any meter fail to register, the water or gas delivered during the period of failure shall for billing purposes be estimated at the average of the past three (3) previous monthly bills, calculated when the meter was in order. "(c) The city with or without request of the customer may inspect and test meters and whenever any test shall show a meter to be registering in error exceeding four (4) two per cent (2 %) such meter shall be replaced or adjusted within the limits of error so specified and whenever the meters are so adjusted, the readings thereof shall be corrected, and payments be made accordingly. No corrections shall be made, as to any bill rendered by the city, unless requested before the expiration of the calendar month next succeeding the month in which such readings were made. R53805A6. DOC 2 "(d) A fee of sixty dollars ($60.00) will be charged to the customer who reouests a test of their meter if the meter tests within the two per cent (2 %) limit of error." SECTION 3. Section 55- 38(e), (f), and (h), Code of Ordinances, is revised to read as follows: "Sec. 55 -38. Delinquent notices, late fees; service charges for disconnection, charges-for-cutting off and reconnecting utility services, unauthorized usage of utility services, meter tampering, and replacing meters. "(e) Service charges will be assessed for the costs of handling and collecting a delinquent account, including the costs of disconnecting service and actions taken to prevent further unauthorized use of the utility. The service charges A service charge of must be paid if payment of the delinquency is not made in person at the utilities business office prior to 8:00 a.m., on the date which the customer has been previously notified that the customer's utility service is to be disconnected due to failure to pay a delinquent bill in order to obtain a reconnection. The customer's failure to receive notification of date to be disconnected does not exempt the customer from paying the service charge. This service charge is necessary te-c- " - -- . The service charges, include. but are not limited to: (1) Basic service charge for initial field visit on a delinquent account: $30.00 (2) Additional service charges for tampering with utility meter after service is cutoff: a. Tampering with utility service fee: $50.00 b. Fee for broken utility meter lock: $6.00 c. Fee for installing flange between utility meter and distribution line: $15.00 d. Fee for pulling utility meter: $15.00 e. Fee for installing utility meter plug: $50.00 f. Fee for disabling water tap: $115.00 Service charge for after hours, weekend, and holiday replacement or reconnection of a utility meter after utility service is cutoff by authorized City employees: $45.00 R53805A6.DOC 3 (4) Additional service charges imposed if utility meter is bypassed after utility service is cutoff: a. Tampering with utility service fee: $50.0 b. Fee for installing utility meter plug: $50.00 c. Fee for disabling water tap: $115.00 d. Unauthorized consumption surcharge: $50.00 e. Minimum charge for unmetered consumption: 1. Water consumption of 25,000 gallons per billing cycle. 2. Gas consumption at 20,000 MCF per billing cycle. 3. Wastewater consumption of 25,000 gallons per billing cycle. (5) Additional service charges imposed for unmetered utility services: a. Tampering with utility service fee: $50.00 b. Fee for disabling sanitary sewer tap: $500.00 c. Fee for removing unauthorized sewer tap: $500.00 (6) If a utility tap is disabled or removed, an application for a new tap and payment of all applicable tap fees under Article V of this Chapter is required before utility service can be restored to the premises. "(f) Utility meters Meters- removed due to failure to pay a delinquent bill or service or penalty charges shall be replaced only upon payment of all required service charges required by subsection (e) of this section a fiftccn dollar ($15.00) setting fee, plus an The payment must be made in person at the Central Cashiering utilities business office of the city at City Hall. "(h) The breaking, damaging, adjusting, changing, removal or taking of any meter, pipe service connection, lock, seal, valve or any other city -owned property shall be unlawful and punishable as a misdemeanor. The turning on of any valve so as to provide service from any utility service except by an authorized employee of the city, is subject to an - all required fees, service charges, and surcharges required by subsection le) of this section; and is unlawful; and punishable under the Texas Penal Code." "(i) For purposes of this section, a person who owns or otherwise has the apparent present right of possession and control of the premises where the utility meter, seal, R53805A6DOC 4 valve, pipe, or other City -owned property, which has been broken damaged adjusted, changed, cut, removed, turned, or otherwise altered, is situated and is presumed to be the person who violated or allowed the violation of subsection (h) of this section. But the person has the right and burden of proof to show that the person did not break, damage, adjust, change, cut, remove, turn, or otherwise alter the utility meter, seal, valve, pipe, or other City -owned property in violation of subsection (h) of this section. "(1) Any person whose name is on file with the Utilities Business Office as the customer on the water account for the property where the violation of subsection (h) of this section occurs is presumed to be a person in apparent control of the premises. The customer has the right and burden of proving that they did not have control of the premises at the time of the violation. "(k) The record owner of the property may show that they did not own the property at the time of the violation by executing an affidavit stating: (1) That the record owner did not own the property on the date of the alleged violation; and (2) The name and last known address of the person who acquired the property from the record owner." SECTION 4. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 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 Christi. R53805A6.DOC That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2005, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly 5 That the foregoing ordinance was read for the second time and passed finally on this the day of , 2005 by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the day of July, 2005. ATTEST: Armando Chapa City Secretary APPROVED: 215` day of July, 2005: R. 4a R:'ning FirSt As istant City Attorney For City Attorney R53805A6.DOC Henry Garrett Mayor AN ORDINANCE AMENDING SECTION 55 -22, 55 -28, AND 55 -38, THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING APPLICATION FEES FOR UTILITY SERVICE, FEES FOR TESTING METERS, AND SERVICE CHARGES RELATED TO DISCONNECTING UTILITY SERVICE AND BYPASSING OR TAMPERING WITH METERS; 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. Section 55 -28, Code of Ordinances, is revised to read as follows: "Sec. 55 -22. Application or contract for service. "(a) The utility business office manager is authorized to establish procedures to process and accept applications for utility service inside the city limits. "(b) An application or connection fee of twenty five dollars ($25.00) is required for all applications for new service or transfers of service. SECTION 2. Section 55 -28, Code of Ordinances, is revised to read as follows: "Sec. 55 -28. Metering and testing of meters. "(a) The customer shall provide at a point on his premises, to be mutually agreed upon, a suitable location for the installation of meters and such other equipment as city may deem necessary to enable it to deliver water and gas under this chapter and shall properly protect the city's property on the customer's premises and permit no one to inspect or tamper with the city's installation, apparatus and equipment, except the city's agents and persons authorized by law to do so. All bills shall be calculated upon the registration of such meters. "(b) Should any meter fail to register, the water or gas delivered during the period of failure shall for billing purposes be estimated at the average of the past three (3) previous monthly bills, calculated when the meter was in order. "(c) The city with or without request of the customer may inspect and test meters and whenever any test shall show a meter to be registering in error exceeding four (4) per cent, such meter shall be adjusted within the limits of error so specified and whenever the meters are so adjusted, the readings thereof shall be corrected, and payments be made accordingly. No corrections shall be made, as to any bill rendered by the city, unless requested before the expiration of the calendar month next succeeding the month in which such readings were made. R53805A2 FIRST READING VERSION 2 "(d) A fee of sixty dollars ($60.00) will be charged to the customer who requests a test of their meter if the meter was reading, when tested, within the four (4) per cent limit of error." SECTION 3. Section 55- 38(e), (f), and (h), Code of Ordinances, is revised to read as follows: "Sec. 55 -38. Delinquent notices, late fees; disconnection, charges for reconnecting and replacing meters. "(e) Service charges will be assessed for the costs of handling and collecting a delinquent account, including the costs of disconnecting service and actions taken to prevent further unauthorized use of the utility. The service charges A- service-charge of der must be paid if payment of the delinquency is not made in person at the utilities business office prior to 8:00 a.m., on the date which the customer has been previously notified that the customer's utility service is to be disconnected due to failure to pay a delinquent bill in order to obtain a reconnection. The customer's failure to receive notification of date to be disconnected does not exempt the customer from paying the service charge. to-cover-all-cost include, but are not limited to: _e!! R53805A2 The service charges, (1) Basic service charge for disconnecting a delinquent account: $30.00 (2) Service surcharge for reconnecting a meter For- all-meters- resennected -after 5:00 p.m., and on Saturdays, Sundays and holidays: fifteen - dollars ($15.00)- will- be -made-a (2) Service surcharge for inspection meter following initial disconnection, if basic service charge is not paid and service restored within three days after service in initially disconnected: $25.00 (3) Additional service charges for tampering with meter after service is disconnected: a. Tampering with utility service fee: $25.00 b. Fee for locking meter: $6.00 b. Fee for installing flange between meter and distribution line: $15.00 c. Fee for pulling meter: $15.00 d. Fee for installing meter plug: $50.00 e. Fee for disabling water tap: $115.00 3 f. Fee for replacing broken lock: $6.00 (4) Additional service charges imposed if meter is bypassed after service is disconnected: a. Tampering with utility service fee: $25.00 b. Fee for installing meter plug: $50.00 c. Fee for disabling water tap: $115.00 d. Unauthorized consumption surcharge: $50.00 e. Minimum charge for unmetered consumption: 1. Water consumption of 25,000 gallons per billing cycle. 2. Gas consumption at 20,000 MCF per billing cycle. (5) Additional service charge for disabling sanitary sewer tap: $500.00 (6) Additional service charge for reconnection sanitary sewer tap: $500.00 "(f) Meters removed due to failure to pay a delinquent bill or service or penalty charges shall be replaced only upon payment of all required service charges required by subsection (e) of this section The payment must be made in person to the utilities business office of the city. "(h) The breaking, damaging, adjusting, changing, removal or taking of any meter, pipe service connection, lock, seal, valve or any other city -owned property shall be unlawful and punishable as a misdemeanor. The turning on of any valve so as to provide service from any utility service except by an authorized employee of the city is subject to an all required service charges required by subsection (e) of this section unlawful, and punishable as a misdemeanor under the Texas Penal Code." !! . "(i) For purposes of this section, a person who owns or otherwise has the apparent present right of possession and control of the premises where the water meter, seal, valve, pipe, or other City -owned property, which has been broken damaged, adiusted, changed, cut, removed, turned, or otherwise altered, is situated and may be presumed to be the person who violated or allowed the violation of subsection (h) of this section. But the person has the right and burden of proof to show that the person did not brake, damage, adiust, change, cut, remove turn or otherwise alter the water meter, seal, valve, pipe, or other City -owned property in violation of subsection (h) of this section. R53805A2 4 "(i) Any person whose name is on file with the utilities billing office as the customer on the water account for the property where the violation of subsection (h) of this section occurs is presumed to be a person in apparent control of the premises. The customer has the right and burden of proving that they did not have control of the premises at the time of the violation. "(k) The owner of the property, as shown in the real property records of the county in which the property is located, is presumed to have control of the premises where the water meter, seal, valve, pipe, or other City -owned property, which has been broken, damaged, adjusted, changed, cut, removed, turned, or otherwise altered, is situated and may be presumed to be the person who violated or allowed the violation of subsection (h) of this section. But if the record owner of the property has the right and burden of proof to show that the person did not own the property at the time of the violation by executing an affidavit stating: (1) That the record owner did not own the property on the date of the alleged violation; and (2) The name and last known address of the person who acquired the property from the record owner." SECTION 4. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 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 Christi. R53805A2 That the foregoing o O{rtance was rea for t first time and passed to its second reading on this the M day of , 2005, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney ' / John Marez Melody Cooper S� Jesse Noyola / Jerry Garcia � Mark Scott Bill Kelly 5 That the foregoing ordinance was read for the second time and passed finally on this the day of , 2005 by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John Marez Jesse Noyola Mark Scott PASSED AND APPROVED, this the day of , 2005. ATTEST: Armando Chapa City Secretary APPROVED: W day of July, 2005: Ma yFither City A orne '1K1 `Utility Service Fee. lla Henry Garrett Mayor, The City of Corpus Christi 37 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 26, 2005 AGENDA ITEM: a. Motion to amend, prior to second reading ordinance amending the Corpus Christi Code of Ordinances, Chapter 9, Section 9 -61, permit for airport ground transportation operations, by revising the fees and charges by revising Paragraph (b) 5 "Charter Vehicle" fee to $5.00; Providing for an effective date of September 1, 2005; Providing for repeal; Providing for severance; Providing for penalties; Providing for publication b. Second Reading Ordinance - Amending the Corpus Christi Code of Ordinances, Chapter 9, Section 9 -61, Permit for Airport Ground Transportation Operations, by revising fees and charges; providing for an effective date of September 1, 2005, providing for repeal; providing for penalties. ISSUE: Airport Staff has recommended and submitted an ordinance to revise charges for ground transportation providers at the Airport. At its July 19th Meeting, City Council approved the proposed ordinance on 1s' Reading. Upon further evaluation, Staff is recommending that the ordinance be amended to change the proposed fee for Charter Vehicles from $10 per trip to $5 per trip. BACKGROUND: Airport Staff has recommended revisions to the existing ground transportation ordinance. The current methodology for determining ground transportation fees is labor intensive and somewhat inexact. The proposed ordinance addresses these issues. Subsequent to the 1St Reading of the ordinance, representatives of some of the ground transportation providers raised concerns on the per trip fee for charter vehicles. Upon further discussions, Airport Staff agreed that the fee should be revised downward. REQUIRED COUNCIL ACTION: Approval of Ordinance Attachments: Ordinance Assistant Budget Director ORDINANCE AMENDING THE CORPUS CHRISTI CODE OF ORDINANCES, CHAPTER 9, SECTION 9 -61, PERMIT FOR AIRPORT GROUND TRANSPORTATION OPERATIONS, BY REVISING THE FEES AND CHARGES; PROVIDING FOR AN EFFECTIVE DATE OF SEPTEMBER 1, 2005; PROVIDING FOR REPEAL; PROVIDING FOR SEVERANCE; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Corpus Christi Code of Ordinances, Chapter 9, Section 9- 61, is amended as follows: Sec. 9 -61. Permit for ground transportation operations. (a) Except for duly franchised airport shuttle and-limeusine services; and vehicles delivering business products to airport tenants, it is unlawful for any person to charge, operate, or drive, for hire or other consideration any vehicle to carry, deliver, pick up any cargo, passenger, freight, or mail at the Corpus Christi International Airport without a valid permit and access card issued by the airport for ground transportation operations ( "ground transportation permit' ). Each applicant for a ground transportation permit shall register with the airport manager Airport and comply with all rules and regulations set by the Director of Aviation and City of Corpus Christi. In addition to any other penalties provided herein, noncompliance of the ground transportation rules and regulations and the ordinance may result in the revoking of the issued permit by the Director of Aviation. for activities for which it has been permitted. A person can only operate a vehicle (b) Except for franchised airport shuttle and - limousine service and vehicles delivering business products to airport tenants, each person operating a ground transportation service at the airport must pay permit monthly and/or trip charge fees as set forth in the following schedule: JohnBurke \O JReso2005\ ORDAmendingFeesatAirpofFINAL [21.11a 1. Taxicabs, the fee per vehicle is $50.00 per month. 11 ; . t , • • t .. Each taxicab not permitted pursuant to (a) above shall pay a fee of $2.00 per arrival to pickup pre - arranged fares at the Airport. Each non - permitted taxicab must notify the Airport at least fifteen minutes prior to arriving at the Airport and pay any fees due in advance of the pickup of persons at the Airport. 2. Courtesy vehicles far transporting hotel /motel customers /for profit een°°"""" "Hotel/Motel Courtesy Vehicles ", the fee per vehicle is $50.00 per month plus $.50 per arrival for pick up of persons at the Airport. courtesy vehicles for 1997 — $99 per month per hotel courtesy vehicle.) Persons with Hotel /Motel Courtesy Vehicle permits must, at the time of may be required to provide written proof of contracts with hotels or motels ", u.,, to the Director of Aviation or designee whenever requested, and must provide immediate written changes to the contract to the Director of Aviation or designee. 3. Off - airport rental car shuttle vehicles "Courtesy Off - Airport Rental Car Shuttle Vehicles ", the fee is the greater of: (1) 1 O% of the Gross Income _generated from the rental of vehicles by persons picked up at the Airport or (2) $500.00 per month. Gross Income is defined as the time and mileage charges included in the rental contracts, net of contractual discounts (including rebates). Bad debts may not be deducted in the calculation of gross revenues. per vebiele is 1997 x $0.05 12 months 8 average number of permitted rent car /parking courtesy vehicles for 1997 — $518 per month per rent 4. Cargo, /freight, luggage, and all other companies whose primary business is pick up and delivery services and--make-20-ciller-e--pick-up ` ` ` ` -' ` ' - - : - "'' : "Delivery Vehicles ", the fee is $50.00 for each access card issued for any vehicle operating at lohnaurke\ OrdReso2005 \ORDAmendingFeesatAfrportFlN AL[2].I1a the Airport. If more than four access cards are requested, the fee is $40.00 for each access card. cargo for 1997 x $0.01 • 12 months • 43 average number of permitted Airport is $20 per month. Companies who provide transportation services for persons on a pre - arranged basis using a private charter bus, luxury limousine luxury automobile, or private charter van "Charter Vehicle ", the fee is $+0700 5.00per arrival for pick up of persons at the Airport. Private charter companies must notify the Airport- twenty -four (24) hours prior to arriving at the Airport and pay any fees due in advance of the pick up of persons at the Airport. Charter Vehicles will not be required to obtain an access card. Charter Vehicles shall obtain a permit plaquard prior to picking up persons at the Airport to be displayed in the vehicle at all times during operations at the Airport. 0• The- - ec fo each private charter bus/luxury limousine, luxury hicle" is as follows: (a) Less than fifteen or contract pick ups at-thc Airport. Persons with Airport Taxicab JohnBurke\ OrdReso2005\ ORDAmendingFeesatAi 1portFINAL[2].Ila (c) The dDirector of aAviation or designee will issue ground transportation permits, enforce all ground rules and regulations and collect applicable permit fees. If any permit holder fails to comply with applicable rules, regulations, and ordinances, such permit holder will be issued a notice of noncompliance. If the violations persists for ten (10) days after the Issuance of said notice, the director of aviation may revoke the permit and such permit holder may be prohibited from conducting further operations on airport property. SECTION 2. This ordinance becomes effective September 1, 2005. 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. That all ordinances, or parts of ordinances, in conflict herewith are repealed to the extent of such conflict. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, work, 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, work, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, clause, phrase, work, or provision hereof shall be given full force and effect for its purpose. SECTION 6. Publication of this ordinance shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of ('orpus Christi, Texas. 1 o hnBurke\ OrdReso2005 \ORDAmendingFeesatAirpottFINAL[ 21.11a That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2005, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney Melody Cooper Jerry Garcia John E. Marez Jesse Noyola Mark Scott Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2005, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney Melody Cooper Jerry Garcia John E. Marez Jesse Noyola Mark Scott Bill Kelly APPROVED AND PASSED on this day of , 2005. ATTEST: Armando Chapa, City Secretary LEGA By: Or�� hn P. Burke, Jr. ssistant City Attorne Henry Garrett, Mayor 4 et APPROVED July ok2 2005 JohnBurke\ OrdReso2005\ ORDAmendingFeesatAirportFINAL [2].IIa ORDINANCE AMENDING THE CORPUS CHRISTI CODE OF ORDINANCES, CHAPTER 9, SECTION 9 -61, PERMIT FOR AIRPORT GROUND TRANSPORTATION OPERATIONS, BY REVISING THE FEES AND CHARGES; PROVIDING FOR AN EFFECTIVE DATE OF SEPTEMBER 1, 2005; PROVIDING FOR REPEAL; PROVIDING FOR SEVERANCE; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Corpus Christi Code of Ordinances, Chapter 9, Section 9- h1, is amended as follows: Sec. 9 -61. Permit for ground transportation operations. (a) Except for duly franchised airport shuttle and limeusine services; and vehicles delivering business products to airport tenants, it is unlawful for any person to charge, operate, or drive, for hire or other consideration any vehicle to carry, deliver, pick up any cargo, passenger, freight, or mail at the Corpus Christi International Airport without a valid permit and access card issued by the airport for ground transportation operations ("ground transportation permit "). Each applicant for a ground transportation permit shall register with the airport Airport and comply with all rules and regulations set by the Director of Aviation and City of Corpus Christi. In addition to any other penalties provided herein, noncompliance of the ground transportation rules and regulations and the ordinance may result in the revoking of the issued permit by the Director of Aviation. A person can only operate a vehicle for activities for which it has been permitted. If a person is operating a vehicle for an do©ignec "Director of Aviati n ". (b) Except for franchised airport shuttle aftEl4imeusine service and vehicles delivering business products to airport tenants, each person operating a ground transportation service at the airport must pay permit monthly and/or trip charge fees as set forth in the following schedule_, JnhnBurkeA OrdReso2005V ORDAmendingFeesatAirportFMAL [2].Ila FIRST READING VERSION I . Taxicabs, the fee per vehicle is $50.00 per month. passengers for 1997 x $0.018 • 12 months • 25 average number of permitted cabs for 1997 — $60 per month per cab.) Each taxicab not permitted pursuant to (a) above shall pay a fee of $2.00 per arrival to pickup pre - arranged fares at the Airport. Each non - permitted taxicab must notify the Airport at least fifteen minutes prior to arriving at the Airport and pay any fees due in advance of the pickup of persons at the Airport. 2. Courtesy vehicles fur transporting hotel /motel customers /for profit "Hotel /Motel Courtesy Vehicles ", the fee per vehicle is $50.00 per month plus $.50 per arrival for pick up of persons at the Airport. courtesy vehicles for 1997 — $99 per month per hotel courtesy vehicle.) Persons with Hotel/Motel Courtesy Vehicle permits must, at the time of may be required to provide written proof of contracts with hotels or motels all- businesses -or to the Director of Aviation or designee whenever requested, and must provide immediate written changes to the contract to the Director of Aviation or designee. 3. Off - airport rental car shuttle vehicles "Ceurtesy Off - Airport Rental Car Shuttle Vehicles ", the fee is the greater of: (1) 10% of the Gross Income generated from the rental of vehicles by persons picked up at the Airport or (2) $500.00 per month. Gross Income is defined as the time and mileage charges included in the rental contracts, net of contractual discounts (including rebates). Bad debts may not be deducted in the calculation of gross revenues. perP obiole io m- car /parking courtesy vehicles for 1997- — $518 per month per rent 4. Cargo, 'freight, luggage, and all other companies whose primary business is pick up and delivery services "Delivery Vehicles ", the fee is $50.00 for each access card issued for any vehicle operating at JohnBurke\OrdReso2 W 5 \ORDAmendingFeesatAirpottFlN AL[2].Ila the Airport. If more than four access cards are requested, the fee is $40.00 for each access card. up /delivery vehicles for the preceding year. (e.g. 7,607,085 pounds of cargo for 1997 x $0.01 • 12 months • 43 average number of permitted pick up /delivery vehicles for 1997 - $147 per month for up to 3 permits. Airport is $20 per month. Companies who provide transportation services for persons on a pre - arranged basis using a private charter bus, luxury limousine luxury automobile or private charter van "Charter Vehicle ", the fee is $10.00 per arrival for pick up of persons at the Airport. Private charter companies must notify the Airport- twenty -four (24) hours prior to arriving at the Airport and pay any fees due in advance of the pick up of persons at the Airport. Charter Vehicles will not be required to obtain an access card. Charter Vehicles shall obtain a permit plaquard prior to picking up persons at the Airport to be displayed in the vehicle at all times during operations at the Airport. 6. The fee for ach private charter bus/luxury limousine, luxury automobile, van "Charter Vehicle" is as follows: (a) less than fifteen (15) passengers, $15 for up to 3 arrivals for passenger pick up per (a) or (b) above. Private chartc airport. 7. The fee for eh non permitted out of -town taxicab is $2 per arrival for companies must make advance or contract pick ups- at the Aifpert. Persons -with Airport Taxicab JohnBurke\ OrdReso2005 \ORDAmendingFeesatAitportFM AL[ 2 ]. Ha (c) The dDirector of aAviation or designee will issue ground transportation permits, enforce all ground rules and regulations and collect applicable permit fees. If any permit holder fails to comply with applicable rules, regulations, and ordinances, such permit holder will be issued a notice of noncompliance. If the violations persists for ten (10) days after the issuance of said notice, the director of aviation may revoke the permit and such permit holder may be prohibited from conducting further operations on airport property. SECTION 2. This ordinance becomes effective September 1, 2005. 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. That all ordinances, or parts of ordinances, in conflict herewith are repealed to the extent of such conflict. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, work, 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, work, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, clause, phrase, work, or provision hereof shall be given full force and effect for its purpose. SECTION 6. Publication of this ordinance shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. JohnBurke\ OrdReso2005 \ORDAmendingFeesatAirportFINA Lt2111a That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2005, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney Melody Cooper Jerry Garcia John E. Marez Jesse Noyola Mark Scott Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2005, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney Melody Cooper Jerry Garcia John E. Marez Jesse Noyola Mark Scott Bill Kelly APPROVED AND PASSED on this day of , 2005. ATTEST: Armando Chapa, City Secretary Henry Garrett, Mayor LEGAL FIRM APPROVED July LC , 2005 By: P n P. Burke, Jr. sistant City Attorney JohnBurke\ OrdReso2005 \ORDAmendingFeesatAilportFINAL[2 ].Ila 38 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 26, 2005 AGENDA ITEM: a. Motion to amend, prior to Second Reading, the ordinance adopting the City of Corpus Christi Budget for the ensuing fiscal year beginning August 1, 2005; to be filed with the County Clerk; appropriating monies as provided in the budget; which passed on first reading on July 19, 2005, by revision Section 1 of the ordinance. b. Second Reading - Adopting the City of Corpus Christi Budget for the ensuing fiscal year beginning August 1, 2005; to be filed with the County Clerk; appropriating monies as provided in the budget. (First Reading - 7/19/05) ISSUE: The City Charter requires the City Council adopt the annual operating budget appropriating proposed revenues and expenditures prior to August Is' of each year. BACKGROUND: The proposed FY 2005 -06 Operating Budget was submitted to Council on May 31, 2005. Subsequently, the Council has received four presentations covering various departments, funds and issues. On July 19, 2005 funding options were presented to Council to keep the effective tax rate for the Maintenance and Operation portion of the Ad Valorem Taxes level to repair the Art Museum and Harbor Playhouse facilities and to fund a trapped animal program. The options passed and are incorporated in the attached "Schedule of Amendments to the FY 2005 -06 Proposed Budget ". The Corpus Christi Crime Control and Prevention District Fund revenues and expenditures have been adjusted to include funding for the Pawn Shop detail as per Council action on June 28, 2005. In addition funding for Convention incentives and Hotel/Motel tax audits has been separated from the Convention promotion line item to allow for better management of these expenditures. These items are also included in the attached amendments. • Amendment #la - Reduce General Fund transfer to G.O. Debt Service Fund • Amendment #lb - Reduce General Fund appropriations for anticipated salary savings due to vacancies • Amendment #lc - Reduce General Fund Reserve appropriation • Amendment #ld -q - Reduce General Fund and other Funds contribution to the Combined Risk Management Fund and increase Reserve Appropriations • Amendment #2 - Reducing General Fund Reserve Appropriations and increasing General Fund Health Department appropriations to fund a trapped animal program and appropriations to the South Texas Military Task Force. • Amendment #3 - Increasing Corpus Christi Crime Control and Prevention District Fund revenues and appropriations to fund the Pawn Shop detail. These changes are included to reflect Council action on June 28, 2005 • Amendment #4 - Increase Hotel Occupancy Tax Revenue and Appropriations in Hotel Occupancy Tax Fund for repairs to the Art Museum of South Texas and the Harbor Playhouse. • Amendment #5 - Reduce Hotel Occupancy Tax Fund appropriations for Convention Promotion and increase appropriations for Convention incentives and Hotel/Motel Tax audits. • Amendment #6 - Reduce appropriations in the Economic Development department and Increase appropriations in the General, Water, Wastewater and Gas Funds to the South Texas Military Task Force REQUIRED COUNCIL ACTION: Approval of Ordinance and Amendments. Attachments: Ordinance X Schedule of Amendments to the FY2005 -06 Proposed Budget X Edd1e Houlihan Assistant Budget Director [ tit of Corpus Christi rnendments to the FY2005 -2006 Proposed Budget General Obligation Debt Fund - 2010 Proposed Revenues Adjustments: A mend ment #la Decrease Transfer to Debt Service $ 28,730,531 (1,000,000) Total Adjusted Revenues $ 27,730,531 General Fund - 1020 Proposed Expenditures $ 167,805,648 Adjustments: Amendment #la Decrease Transfer to Debt Service (1,000,000) Amendment#lb Decrease General Fund Appropriations (714,514) Amendment#lc Decrease General Fund Reserve Appropriation (200,000) Amendment #Id Decrease General Fund Appropriations (250,000) Amendment#2 Decrease General Fund Reserve for Tr1 -Data Study Implementation (100,000) Amendment#2 Increase for Trapped Animal Program 72,577 Amendment #6 Increase General Fund appropriation for South Texas Military Task Force 29,250 Amendment #6 Decrease appropriations for Economic Development Department (1,827) Total Adjusted Expenditures $ 165,641,134 Combined Risk Management Fund Proposed Revenues $ 36,321,095 Adjustments: Amendment #ld Decrease charges to General Fund (250,000) Amendment #le Decrease charges to Airport fund (15,580) Amendment #1f Decrease charges to Crime Control & Prevention District (7,055) Amendment #lg Decrease charges to Golf Centers Fund (3,783) Amendment #lh Decrease charges to LEPC Fund (114) Amendment #1i Decrease charges to Marina Fund (1,977) Amendment #lj Decrease charges to Maintenance Services Fund (12,080) Amendment #1k Decrease charges to Engineering Fund (6,977) Amendment #11 Decrease charges to MIS Fund (9,164) Amendment #lm Decrease charges to Stores Fund (926) Amendment On Decrease charges to Gas Fund (17,249) Amendment #lo Decrease charges to Wastewater Fund (23,878) Amendment #1p Decrease charges to Water Fund (49,734) Amendment #]q Decrease charges to Development Services Fund (6,345) Total Adjusted Revenues $ 35,916,233 Airport Fund - 4610 Proposed Expenditures Adjustments: Amendment #le Decrease Airport Fund Transfer to Risk Management Amendment #le Increase Airport Fund Reserve Appropriations $ 8,436,790 (15,580) 15,580 Total Adjusted Expenditures $ 8,436,790 r in, of Corpus Christi Amendments to the FY2005 -2006 Proposed Budget Crime Control & Prevention District Fund - 9010 Proposed Revenues Adjustments: A men dment #3 Increase CCPD Sales Tax $ 4,190,423 196,182 Total Adjusted Revenues $ 4,386,605 Proposed Expenditures $ 4,520,011 Adjustments: Amendment #1f Decrease CCPD Fund Transfer to Risk Management (7,055) Amendment #1f Increase CCPD Fund Reserve Appropriations 7,055 Amendment #3 Increase Pawn Shop Detail 126,997 Total Adjusted Expenditures $ 4,647,008 Golf Fund 4690 Proposed Expenditures Adjustments: Amendment #1g Decrease Golf Fund Transfer to Risk Management Amendment #tg Increase Golf Fund Reserve Appropriations $ 1,750,731 (3,783) 3,783 Total Adjusted Expenditures $ 1,750,731 LEPC Fund - 6060 Proposed Expenditures $ 95,135 Adjustments: Amendment #lh Decrease LEPC Fund Transfer to Risk Management (114) Amendment #lh Increase LEPC Fund Reserve Appropriations 114 Total Adjusted Expenditures $ 95,135 Marina Fund - 4700 Proposed Expenditures Adjustments: Amendment #1i Decrease Marina Fund Transfer to Risk Management Amendment #1i Increase Marina Fund Reserve Appropriations $ 1,488,542 (1,977) 1,977 Total Adjusted Expenditures $ 1,488,542 Maintenance Services Fund - 5110 Proposed Expenditures Adjustments: Amendment #1j Decrease Maintenance Services Fund Transfer to Risk Management Amendment #1j Increase Maintenance Services Fund Reserve Appropriations $ 18,599,950 (12,080) 12,080 Total Adjusted Expenditures $ 18,599,950 Engineering Fund - 5310 I Proposed Expenditures $ 3,957,941 Adjustments: Amendment #lk Decrease Engineering Fund Transfer to Risk Management (6,977) Amendment #1k Increase Engineering Fund Reserve Appropriations 6,977 Total Adjusted Expenditures $ 3,957,941 C i R- of Corpus Christi 4mendments to the FY2005 -2006 Proposed Budget MIS Fund - 5210 Proposed Expenditures Adjustments: Amendment #1I Decrease MIS Fund Transfer to Risk Management Amendment #11 Increase MIS Fund Reserve Appropriations Total Adjusted Expenditures $ 13,345,147 (9,164) 9,164 $ 13,345,147 Stores Fund - 5010 Proposed Expenditures A djustments: Amendment #Im Decrease Stores Fund Transfer to Risk Management Amendment #1m Increase Stores Fund Reserve Appropriations $ 3,841,754 (926) 926 Total Adjusted Expenditures $ 3,841,754 Gas Fund - 4130 Proposed Expenditures Adjustments: Amendment #In Decrease Gas Fund Transfer to Risk Management Amendment Pin Increase Gas Fund Reserve Appropriations Amendment #6 Increase Gas Fund Appropriations to South Texas Military Task Force $ 41,104,410 (17,249) 5,249 12,000 Total Adjusted Expenditures $ 41,104,410 Wastewater Fund - 4200 Proposed Expenditures $ 36,709,821 Adjustments: Amendment #lo Decrease Wastewater Fund Appropriations (23,878) Amendment #lo Increase Wastewater Fund Reserve Appropriations 12,628 Amendment #6 Increase Wastewater Fund Appropriations to South Texas Military Task Force 11,250 Total Adjusted Fxpenditures $ 36,709,821 Water Fund - 4010 Proposed Expenditures $ 81,571,726 Adjustments: Amendment #1p Decrease Water Fund Appropriations (49,734 Amendment #lo Increase Water Fund Reserve Appropriations 27,234 Amendment #6 Increase Water Fund Appropriations to South Texas Military Task Force 22,500 Total Adjusted Expenditures $ 81,571,726 Development Services Fund - 4670 Proposed Expenditures $ 4,803,729 Adjustments: Amendment #lq Decrease Development Services Fund Transfer to Risk Management (6,345) Amendment #lq Increase Development Services Fund Reserve Appropriations 6,345 Total Adjusted Expenditures $ 4,803,729 (?ty of Corpus Christi Amendments to the FY2005 -2006 Proposed Budget Hotel Occupancy Fund - 1030 Proposed Revenues Adjustments: Amendment #4 Increase Hotel Occupancy Tax $ 8,844,310 103,920 Total Adjusted Revenues $ 8,948,230 Proposed Expenditures Adjustments: Amendment #4 Increase appropriations for Art Museum of South Texas Amendment#4 Increase appropriations for Harbor Playhouse Amendment #5 Decrease appropriations for convention promotions Amendment #5 Increase appropriations for convention incentives and Hotel/Motel Tax Audits $ 8,990,732 90,600 13,320 (74,750) 74,750 Total Adjusted Expenditures $ 9,094,652 Proposed Revenues all Funds $ 522,177,912 Amendment#la Decrease Transfer to Debt Service (1,000,000) .Amendment #1d Decrease charges to General Fund (250,000) Amendment #le Decrease charges to Airport fund (15,580) Amendment #1f Decrease charges to Crime Control & Prevention District (7,055) Amendment #lg Decrease charges to Golf Centers Fund (3,783) Amendment #lh Decrease charges to LEPC Fund (114) Amendment #1i Decrease charges to Marina Fund (1,977) Amendment 01j Decrease charges to Maintenance Services Fund (12,080) Amendment #1k Decrease charges to Engineering Fund (6,977) Amendment #1I Decrease charges to MIS Fund (9,164) Amendment #lm Decrease charges to Stores Fund (926) Amendment #ln Decrease charges to Gas Fund (17,249) Amendment #10 Decrease charges to Wastewater Fund (23,878) Amendment #lp Decrease charges to Water Fund (49,734) Amendment #lq Decrease charges to Development Services Fund (6,345) Amendment-43 Increase CCPD Sales Tax 196,182 Amendment#4 Increase Hotel Occupancy "fax 103,920 Revised Revenues - all Funds $ 521,073,152 ( itt of Corpus Christi Amendments to the FY2005 -2006 Proposed Budget Proposed Expenditures all Funds A mendment#1a Decrease Transfer to Debt Service A mendment#lb Decrease General Fund Appropriations Amendment #1d Decrease General Fund Appropriations Amendment #le Decrease Airpon Fund Transfer to Risk Management Amendment #le Increase Airport Fund Reserve Appropriations Amendment #1f Decrease CCPD Fund Transfer to Risk Management Amendment #1f Increase CCPD Fund Reserve Appropriations Amendment #Ig Decrease Golf Fund Transfer to Risk Management Amendment #1g Increase Golf Fund Reserve Appropriations Amendment #Ih Decrease LEPC Fund Transfer to Risk Management Amendment #lh Increase LEPC Fund Reserve Appropriations Amendment #1i Decrease Marina Fund Transfer to Risk Management Amendment #li Increase Marina Fund Reserve Appropriations Amendment #lj Decrease Maintenance Services Fund Transfer to Risk Management Amendment #lj Increase Maintenance Services Fund Reserve Appropriations Amendment #1k Decrease Engineering Fund Transfer to Risk Management Amendment ink Increase Engineering Fund Reserve Appropriations Amendment #11 Decrease MIS Fund Transfer to Risk Management Amendment #II Increase MIS Fund Reserve Appropriations Amendment film Decrease Stores Fund Transfer to Risk Management Amendment Om Increase Stores Fund Reserve Appropriations Amendment #ln Decrease Gas Fund Transfer to Risk Management Amendment #ln Amendment #lo Amendment #lo Amendment #1p Amendment #lo .Amendment #1q Amendment #1q A mendment #2 Amendment #2 Amendment #3 A mendment#4 Amendment #4 Amendment #5 Amendment #5 Amendment #6 Amendment #6 Amendment #6 Amendment #6 Amendment #6 Increase Gas Fund Reserve Appropriations Decrease Wastewater Fund Appropriations Increase Wastewater Fund Reserve Appropriations Decrease Water Fund Appropriations Increase Water Fund Reserve Appropriations Decrease Development Services Fund Transfer to Risk Management Increase Development Services Fund Reserve Appropriations Decrease General Fund Reserve for Tri -Data Study Implementation Increase for Trapped Animal Program Increase Pawn Shop Detail Increase appropriations for Art Museum of South Texas Increase appropriations for Harbor Playhouse Decrease appropriations for convention promotions Increase appropriations for convention incentives and Hotel/Motel Tax Audits Increase General Fund appropriation for South Texas Military Task Force Decrease appropriations for Economic Development Department Increase Gas Fund Appropriations to South Texas Military Task Force Increase Wastewater Fund Appropriations to South Texas Military Task Force Increase Water Fund Appropriations to South Texas Military Task Force Revised Expenditures - all Funds $ 517,041,615 (1,000,000) (250,000) (914,514) (15,580) 15,580 (7,055) 7,055 (3,783) 3,783 (114) 114 (1,977) 1,977 (12,080) 12,080 (6,977) 6,977 (9,164) 9,164 (926) 926 (17,249) 5,249 (23,878) 12,628 (49,734) 27,234 (6,345) 6,345 (100,000) 72,577 126,997 90,600 13,320 (74,750) 74,750 29,250 (1,827) 12,000 11,250 22,500 $ 515,108,018 AN ORDINANCE ADOPTING THE CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1, 2005; TO BE FILED WITH THE COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE BUDGET; AND PROVIDING FOR SEVERANCE. WHEREAS, the City Manager of the City of Corpus Christi (City), pursuant to Article IV, Section 2 of the City Charter, did submit to the City Council a budget proposal (Budget Proposal) of the revenues of the City, and the expenses of conducting the affairs thereof for the ensuing fiscal year beginning August 1, 2005, and ending July 31, 2006, and which Budget Proposal had been compiled from detailed information from the several departments, divisions, offices of the City, in accordance with the City Charter provision referenced above; and WHEREAS, the members of the City Council have received and studied the City Manager's Budget Proposal and have called and held the proper hearing in accordance with Section 102.006, Texas Local Government Code, on the Budget Proposal; and WHEREAS, pursuant to Section 2(0, Article IV, of the City Charter of the City of Corpus Christi, Texas, the City Council must appropriate such sums of money as provided in the Budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Budget of the City of Corpus Christi, covering proposed expenditures amounting to $515,108,018 and estimated revenues amounting to $521,073,152 for the Fiscal Year beginning August 1, 2005, and ending July 31, 2006, as submitted by the City Manager, with modifications directed by the City Council and recorded in its minutes being incorporated by reference, is adopted. SECTION 2. That upon the passage of this ordinance certain sums of money from all sources of City revenues, as described in the Budget, shall be and they are appropriated to cover the sums for expenditures and investments as provided for each of the several funds in the attachment to the City Manager's Message (entitled City of Corpus Christi Summary of Expenditures FY 2005 -2006) of the Budget of the City, as modified by the City Council. Notwithstanding any other provision to the contrary, the City Manager is authorized to make transfers within departments, divisions, purposes, or funds, provided it is in accordance with applicable law. SECTION 3. Police Officer Positions The number of positions budgeted for each police officer classification in the Police Department shall be: Police officer and senior police officer - 389* Lieutenant - 36 Captain - 15 Commander - 6 H:Veg -d r'Jisabrdinance 20051FY05- 06Budget amended prior to second reading 7/22/2005 3:01 PM Assistant Chief - 1 Chief - 1 FY05 -06 TOTAL 448 * These positions are interchangeable. Any police officer may become a senior police officer after 30 months' service by passing a pass /fail exam. This number may be temporarily increased by graduates from a police academy authorized by the City Manager, which temporary increase shall be reduced to authorized strength through attrition. SECTION 4. Firefighter Position The number of positions budgeted for each firefighter classification in the Fire Department shall be: Firefighter - 134* Firefighter II —EMS — 97 Firefighter II — Engineer - 70 Fire Captain - 78 District Fire Chief - 10 Assistant Fire Chief - 4 First Assistant Fire Chief - 1 Fire Chief- 1 FY05 -06 TOTAL 395 *This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which temporary increase shall be reduced to authorized strength through attrition. SECTION 5. That upon final passage of this budget ordinance, a true certified copy of this same ordinance shall be transmitted by the City Manager to the County Clerk of Nueces County, Texas, pursuant to Section 102.011, Texas Local Government Code. The budget shall also be part of the archives of the City. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision in this ordinance be given full force and effect for its purpose. H leg-di Lisa \ordinance 2005\£Y05 -06Budget amended prior to second reading 7/22/2005 3.01 PM That the foregoing ordinance was read for the first time and passed to its second reading on this the Day of , 2005, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John E. Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the Day of , 2005, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John E. Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED this the Day of 2005. ATTEST: Armando Chapa City Secretary APPROVED: July 22, 2005 Lisa Aguilar U Assistant City Attorney for City Attorney Henry Garrett Mayor H:leg- dirniubrd mane 2005TY05-06Budget amended poor to second reading 7222005 3:02 PM AN ORDINANCE ADOPTING THE CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1, 2005; TO BE FILED WITH THE COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE BUDGET; AND PROVIDING FOR SEVERANCE. WHEREAS, the City Manager of the City of Corpus Christi (City), pursuant to Article IV, Section 2 of the City Charter, did submit to the City Council a budget proposal (Budget Proposal) of the revenues of the City, and the expenses of conducting the affairs thereof for the ensuing fiscal year beginning August 1, 2005, and ending July 31, 2006, and which Budget Proposal had been compiled from detailed information from the several departments, divisions, offices of the City, in accordance with the City Charter provision referenced above; and WHEREAS, the members of the City Council have received and studied the City Manager's Budget Proposal and have called and held the proper hearing in accordance with Section 102.006, Texas Local Government Code, on the Budget Proposal; and WHEREAS, pursuant to Section 2(f), Article IV, of the City Charter of the City of Corpus Christi, Texas, the City Council must appropriate such sums of money as provided in the Budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Budget of the City of Corpus Christi, covering proposed expenditures amounting to $517,041,615 and estimated revenues amounting to $522,177,912 for the Fiscal Year beginning August 1, 2005, and ending July 31, 2006, as submitted by the City Manager, with modifications directed by the City Council and recorded in its minutes being incorporated by reference, is adopted. SECTION 2. That upon the passage of this ordinance certain sums of money from all sources of City revenues, as described in the Budget, shall be and they are appropriated to cover the sums for expenditures and investments as provided for each of the several funds in the attachment to the City Manager's Message (entitled City of Corpus Christi Summary of Expenditures FY 2005 -2006) of the Budget of the City, as modified by the City Council. Notwithstanding any other provision to the contrary, the City Manager is authorized to make transfers within departments, divisions, purposes, or funds, provided it is in accordance with applicable law. SECTION 3. Police Officer Positions The number of positions budgeted for each police officer classification in the Police Department shall be: Police officer and senior police officer - 389* Lieutenant - 36 Captain - 15 Commander - 6 H:\ leg -dir shared \veronica\1isa\FY04- 05Budget 1I7/17/2005 11:21 AM FIRST READING VERSION Assistant Chief - 1 Chief - 1 FY05 -06 TOTAL 448 * These positions are interchangeable. Any police officer may become a senior police officer after 30 months' service by passing a pass /fail exam. This number may be temporarily increased by graduates from a police academy authorized by the City Manager, which temporary increase shall be reduced to authorized strength through attrition. SECTION 4. Firefighter Position The number of positions budgeted for each firefighter classification in the Fire Department shall be: Firefighter - 134* Firefighter II —EMS — 97 Firefighter II — Engineer - 70 Fire Captain - 78 District Fire Chief - 10 Assistant Fire Chief - 4 First Assistant Fire Chief - 1 Fire Chief - 1 FY05 -06 TOTAL 395 *This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which temporary increase shall be reduced to authorized strength through attrition. SECTION 5. That upon final passage of this budget ordinance, a true certified copy of this same ordinance shall be transmitted by the City Manager to the County Clerk of Nueces County, Texas, pursuant to Section 102.011, Texas Local Government Code. The budget shall also be part of the archives of the City. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision in this ordinance be given full force and effect for its purpose. 11id eg- di shared \veronicaijiea\FY04 -05Budget II 7/13/2005 11:21 AM That the foregoing ordinance was read for the first time and passed to its second reading on this the Day of 2005, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John E. Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the Day of , 2005, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John E. Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED this the Day of , 2005. ATTEST: Armando Chapa City Secretary APPROVED: July 13, 2005 Lisa Aguilar Assistant City Attorney for City Attorney I{. deg- dirAshared veronicaUisaWY04- 05Budgel 11 7/13/2005 11 21 AM Henry Garrett Mayor 39 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 26, 2005 AGENDA ITEM: A. Motion setting September 13, 2005 as the date for the adoption of the ad valorem tax rate of $0.631722 per $100 valuation. I3_ Motion setting a public hearing on the ad valorem tax rate for August 23, 2005 and a second public hearing for August 30, 2005, during the regular City Council meetings beginning at 10:00 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. ISSUE: The State Property Tax Code requires that two public hearings be held when a taxing unit proposes to impose a tax rate that exceeds the lower of the rollback tax rate or the effective tax rate. The proposed FY 2005 -2006 City budget submitted to City Council for first reading for adoption on July 19, 2005 was amended by City Council to include a tax rate of $0.631722 per $100 valuation, which reflects the estimated effective Maintenance and Operations tax rate of $0.432547 plus the required Debt Service tax rate of $0.199175 (increased for voter approved debt service). The second reading for adoption of the City Budget will be held on July 26, 2005. The Nueces County Appraisal District is required to present the City with the certified tax roll by July 25, 2005. The submission of the 2005 Certified Appraisal Roll will be disseminated to the City Council at the July 26, 2005 City Council meeting. Additionally, the publication of the 2005 property tax rates, including the effective tax rate, will appear in the Caller -Times on Sunday, August 7, 2005. REQUIRED COUNCIL ACTION: Approval of the motions to schedule dates for the adoption of the City's ad valorem tax rate and the two public hearings_ FUTURE COUNCIL ACTION: • Tuesday, August 23, 2005 — City Council will conduct a public hearing on the ad valorem tax rate. • Tuesday, August 30, 2005 — City Council will conduct a second public hearing on the ad valorem tax rate. • Tuesday, September 13. 2005 — City Council will adopt the ad valorem tax rate of $0.631722 per $100 valuation. CONCLUSION AND RECOMMENDATION: Staff recommends that the motion scheduling August 23, 2005 and August 30, 2005 for the public hearings and September 13, 2005 for adoption of the ad valorem tax rate be approved. Cindy O'Brien Director of Financial Services Attachments: Background Information BACKGROUND INFORMATION The State Property Tax Code requires that two public hearings be held when a taxing unit proposes to impose a tax rate that exceeds the lower of the rollback tax rate or the effective tax rate. The effective tax rate is generally equal to the prior year's taxes divided by the current year's taxable values of properties that were also on the tax roll in the prior year. The rollback tax rate is the highest tax rate the taxing unit can set before taxpayers can start rollback procedures. The rollback tax rate divides the overall property taxes into two categories — maintenance and operations (M &O) taxes and debt service taxes. The M &O portion of the tax rate is the rate that would be needed to raise eight percent more operating funds than the unit levied in the preceding year. This calculation is similar to the effective tax rate calculation. The debt portion is the tax rate that will be needed to pay the entity's debt payments in the coming year. This part of the calculation does not depend on the prior year's debt taxes. It only considers what the entity will need for the current year. The portion of the overall rate used to retire debt may rise as high as necessary without triggering a potential rollback. The M &O portion, however, may rise only eight percent. 40 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 26, 2005 AGENDA ITEM: Motion appointing Council Members as Board Members of the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. ISSUE: The City has three specialty corporations for which the City Council serves as the Boards of Directors. These specialty corporations include the Corpus Christi Community Improvement Corporation (CCCIC), the Corpus Christi Housing Finance Corporation (CCHFC), and the Corpus Christi Industrial Development Corporation (CCIDC). Of the three, the Corpus Christi Community Improvement Corporation is incorporated under the Texas Nonprofit Corporations Act and therefore appoints its own membership, as opposed to the other two for which the Council makes the appointments. The corporations are scheduled to meet on July 26, 2005 and therefore it would be appropriate for the City Council to take action to appoint the Council Members to the two boards (CCHFC and CCIDC). RECOMMENDATION: Appointment of Council Members to the Board membership of the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. George K. Noe City Manager 41 DATE: TIME: PLACE: AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION ANNUAL MEETING Tuesday, July 26, 2005 During the meeting of the City Council beginning at 10:00 a.m. City Council Chambers, 1201 Leopard St., Corpus Christi, TX 78401 President Mark Scott calls meeting to order. Secretary Armando Chapa calls roll. Board of Directors Mark Scott. President Bill Kelly, Vice President Brent Chesney Melody Cooper Jerry Garcia Henry Garrett Rex A. Kinnison John Marez Jesse Noyola Officers George K. Noe, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer 3 Approve Minutes of October 12, 2004, meeting 4 Election of Officers. 5 Financial Report. 6 Discussion and possible action concerning authorizing the General Manager to execute a Memorandum of Understanding with NRP Holdings, LLC pertaining to the proposed future issuance of $11,965,000 in Multi - Family Mortgage Revenue Bonds In Connection With A 250 -Unit Apartment Project By Costa Tarragona II, Ltd. and Proceed With the Development of Documents Related to the Proposed Issuance of Such Bonds (Review and Approval of the Proposed Bond Issue by the Board is Scheduled for October 2005). 7 Public Comment. 8 Adjournment. MINUTES CORPUS CHRISTI HOUSING FINANCE CORPORATION SPECIAL MEETING OCTOBER 12, 2004 1:10 P.M. PRESENT Board of Directors Mark Scott, President Bill Kelly, Vice President Brent Chesney Javier Colmenero Melody Cooper Henry Garrett Rex A. Kinnison Samuel L. Neal Jr. Jesse Noyola Officers George K. Noe, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer President Scott called the meeting to order in the Council Chambers of City Hall Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been posted. President Scott called for the approval of the minutes of the June 22, 2004 meeting. Mr. Chesney made a motion to approve the minutes as presented, seconded by Mr. Noyola, and passed. President Scott called for the financial report. City Manager Noe referred to a comparative balance sheet of assets and liabilities for July 31, 2004 and 2003, and a statement of revenues, expenditures, and changes in fund balance for year ended July 31, 2004 and 2003. The Council had no questions. President Scott opened discussion on Item 5 regarding two resolutions concerning the development of two multi - family housing projects at the intersection of IH -37 and North Padre Island Drive. There was no discussion. President Scott made a motion to adopt the resolutions, seconded by Ms. Cooper, and passed. Secretary Chapa polled the Corporation members for their votes as follows: Minutes - Special CCHFC Meeting October 12, 2004 - Page 2 INDUCEMENT RESOLUTION PERTAINING TO THE ISSUANCE OF APPROXIMATELY $11,965,000 IN MULTI - FAMILY MORTGAGE REVENUE BONDS IN CONNECTION WITH A 250 -UNIT APARTMENT PROJECT BY COSTA TARRAGONA I, LTD. INDUCEMENT RESOLUTION PERTAINING TO THE ISSUANCE OF APPROXIMATELY $11,965,000 IN MULTI - FAMILY MORTGAGE REVENUE BONDS IN CONNECTION WITH A 250 -UNIT APARTMENT PROJECT BY COSTA TARRAGONA II, LTD. The foregoing resolutions were passed and approved with the following vote: Scott, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Neal, and Noyola, voting "Aye ". President Scott called for public comment. Mr. John Bell noted the developers were present and were available to answer any questions. He said they appreciated the Council's action today. There being no further business to come before the corporation, President Scott adjourned the meeting at 1:12 p.m. on October 12, 2004. Corpus Christi Housing Finance Corporation Balance Sheet May 31, 2005 Assets Current assets: Cash in bank $ 31,144 Investments 288,270 Due from other funds Accounts Receivable: Accrued Interest 84 Total assets $ 319,498 Liabilities and Fund Balance Liabilities: Accounts Payable Due to other funds Total liabilities Fund balance: Undesignated Total fund balance 319,498 319,498 Total liabilities and fund balance $ 319,498 Corpus Christi Housing Finance Corporation Summary of Transactions For Ten Months ended May 31, 2005 Fund balance at August 1, 2004 $ 316,786 Revenues: NRP Holdings -Bons; App. Fees 5,500 Interest 5,557 Change in fair value of investments - Application fees 300 Re- submission fee - Participation fee 100 Issuance fee 9,600 Refinancing fee 240 Miscellaneous revenue - Total revenues 21,297 Expenditures: Property expense Administrative costs Legal fees Application fee refund State certification fees 14,685 3,900 Total expenditures 18,585 Fund balance at May 31, 2005 $ 319,498 MEMORANDUM TO: President Scott and Members of the Board of the CCHFC FROM: George K. Noe, General Manager DATE: July 22, 2005 SUBJECT: Request for Meeting of the Corpus Christi Housing Finance Corporation I am requesting a meeting of the Corpus Christi Housing Finance Corporation to be held during the City Council meeting of July 26, 2005, to consider several actions as follows: 1. Election of Officers: Each year at its annual meeting, the CCHFC elects officers. The current officers from the Board of Directors are Mr. Mark Scott, President and Mr. Bill Kelly, Vice President. In addition, there are five functionary officers who positions have always been filled by City staff. I would recommend that the functionary officers be reappointed. 2. Discussion and possible action on a Memorandum of Understanding (MOU) with NRP Holdings, LLC, pertaining to the Costa Tarragona project. On October 12, 2004. the Board approved the submission of applications to the Texas Bond Review Board for authority to issue multi - family housing revenue bonds for the construction of two apartment projects (250 units each) to be located at the intersection of Interstate Highway 37 and North Padre Island Drive. The projects were identified as Costa Tarragona I and I1. The CCHFC received notice from the Bond Review Board that it had obtained an allocation of multi - family housing revenue bond authority for both projects last month. After conferring with NRP Holdings, LLC, the development group, the CCHFC relinquished one of the allocations so all efforts could focus on constructing one of the 250 -unit projects and bring it to completion. The CCHFC must file a notice with the Bond Review Board that it intends to use the allocation and NRP must pay the required fee by Thursday, July 28, 2005. The Bonds must be issued and closed in November 2005. A MOU is being negotiated with NRP providing for the roles and responsibilities of the parties in connection with the proposed project. In addition to issuing the Bonds, the CCHFC will support the overall project in the following ways: 1. Forming a limited liability company wholly- controlled by the CCHFC to serve as General Partner of the Development group. 2. Acquiring title to the land for the project, with funds provided by NRP, and entering into a ground lease with the development group for construction of the project. 3. Serving as contractor to provide tax exempt status for the project. In exchange for these services, the CCHFC will receive a significant portion of the Development Fee paid in connection with the project over the next 10 years and 50% of the cash flow after payment of the development fee as well as 50% of any of the proceeds of the sale of the project. If the project is not sold during the term of the ground lease, title to the entire project eventually would revert to the CCHFC. Under the above structure, the project will be exempt from property taxes and sales taxes. The CCHFC will establish a Payment in Lieu of Taxes (PILOT) account to distribute its share of the Development Fee to the taxing jurisdictions on a proportionate basis. Board action is requested for authorization for the General Manager to complete negotiations on the MOU and authorization to proceed with development of the necessary documents to bring back to the Board in October 2005 in order to proceed with the proposed bond issue. AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION ANNUAL MEETING DATE: Tuesday, July 26, 2005 TIME: During the meeting of the City Council beginning at 10 a.m. PLACE: City Council Chambers 1201 Leopard St. Corpus Christi, TX 78401 1 President Rex Kinnison calls meeting to order Secretary Armando Chapa calls roll Board of Directors Rex A. Kinnison, President Vacant, Vice President Brent Chesney Melody Cooper Henry Garrett Bill Kelly Mark Scott Jesse Noyola Vacant Officers George K. Noe, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer 3 Appointment of Board Members (Jerry Garcia, John E. Marez) 4 Election of Officers: President Vice President Secretary Assistant Secretary Treasurer Assistant Treasurer General Manager 5 Approval of Minutes of March 22, 2005 6. Financial Report 7 General Manager's Annual Report Approval of revisions to the 2005 Corpus Christi Community Improvement Corporation Handbook, American Dream Down Payment Initiative (Chapter 24), and New Construction Homebuyer Assistance Program (Chapter 25) by changing the section headings "Resale provisions" to "Recapture Provisions" Approval to utilize program income from the Single Family Rehabilitation Loan Program that is received in excess of the annual estimate proposed through the Annual Consolidated Plan 10. Approval to reprogram $150,000 of HOME Program Grant Funds for use on the Sea Breeze Seniors 200 -unit development 11. Approval of request by Habitat for Humanity for Donation of CCCIC property 12. Reappointment of CCCIC Loan Review Committee Members 13 Public Comment 14 Adjournment MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION MARCH 22, 2005 12:14 P.M. PRESENT Board of Directors Rex Kinnison, President Javier Colmenero, Vice - President Brent Chesney I lenry Garrett Bill Kelly Samuel L. Neal Jr. Jesse Noyola N lark Scott ABSENT Melody Cooper Officers George K. Noe, General Manager Armando Chapa, Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer President Kinnison called the meeting to order in the Council Chambers of City Hall. Secretary Chapa verified that a quorum was present to conduct the meeting and that notice of the meeting had been posted. President Kinnison called for the approval of the minutes of the January 11, 2005 meeting. N tr. Garrett made a motion to approve the minutes as presented, seconded by Mr. Colmenero, and passed. President Kinnison called for the financial report. Mr. Noe referred to a combined balance sheet depicting fund assets and liabilities ending January 31, 2005, and a combined statement of revenues, expenditures, and changes in fund balance for the six months ending January 31, 2005. There were no questions. President Kinnison opened discussion on Items 5, 6, and 7 regarding the FY 2004 HOME CHDO, the Homebuyer Assistance Program, and the CCCIC Handbook respectively. Regarding Item 5, the FY 2004 HOME CHDO, Mr. Noe reported staff was recommending combining the FY 2003/2004 Nueces County Community Action Agency (NCCAA) CHDO funding allocation to creae one agreement covering both years' funding. Mr. Noe reported Item 6 concerned increasing the allocation for the Homebuyers Assistance Program from $3,000 to $5,000 to afford additional down payment assistance to homebuyers, thanks to additional support from the new American Dream Down Payment Initiative (ADDI) Program initiated by HUD. Finally, Mr. Noe stated in Item 7, staff was requesting authorization to add HUD related changes to the CCCIC handbook in lieu of CCCIC review and approval. He said as federal regulations were updated or implemented, changes would periodically be inserted into the CCCIC handbook. There were no comments from the audience. Secretary Chapa polled the Council for their votes on Items 5, 6, and 7 as follows: Minutes - CCCIC meeting March 22, 2005 - Page 2 5 Approval of funding for NCCAA in the amount of $277,220 of FY 2004 HOME CHDO funds and authorization to execute a First Amendment with the NCCAA. Secretary Chapa polled the Council for their votes as follows: Kinnison, Chesney, Colmenero, Garrett, Kelly, Neal, Noyola, and Scott, voting "Aye"; Cooper was absent. Authorization to increase Homebuyer Assistance Program from $3,000 to $5,000 for down payment assistance and closing costs. Secretary Chapa polled the Council for their votes as follows: Kinnison, Chesney, Colmenero, Garrett, Kelly, Neal, Noyola, and Scott, voting "Aye"; Cooper was absent. 7 Authorization to add HUD - related changes to the CCCIC Handbook in lieu of CCCIC review and approval. Secretary Chapa polled the Council for their votes as follows: Kinnison, Chesney, Colmenero, Garrett, Kelly, Neal, Noyola, and Scott, voting "Aye "; Cooper was absent. President Kinnison asked for public comment. There was none. There being no further business to come before the Board, President Kinnison adjourned the meeting at 12:16 p.m. on March 22, 2005. CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET 31- May -05 Loan Program Special Project HOME Program ASSETS Fund Fund Fund Total Cash and investments 1,072,239 216,565 617,982 1,906,786 Due from U S Government/Other Fund 0 0 0 0 Mortgages receivable 11,708,364 0 7,301,102 19,009,466 Accrued interest receivable 0 3,090 0 3,090 Account receivable 7,714 0 1,000 8,714 Leasehold improvements (net of accumulated amortization) 92,973 0 0 92,973 Investment in property (net of accumulated depreciation) 190,840 21,047 19,750 231,637 Total assets 13,072,130 240,702 7,939,834 21,252,666 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable Bank note payable Total liabilities Fund Balance: 309,124 0 87,001 396,125 103,070 0 0 103,070 412,194 0 87,001 499,195 Reserved for WDC project 16,190 0 0 16,190 Reserved for Kids in the Neighborhood 149,086 0 0 149,086 Reserved for HOME program 511,167 0 0 511,167 Reserved for mortgages 11,708,364 0 7,320,852 19,029,216 Reserved for Seawall loan 0 0 0 0 Unreserved 275,129 240,702 531,981 1,047,812 Total fund balance 12,659,936 240,702 7,852,833 20,753,471 Total liabilities and fund balance 13,072,130 240,702 7,939,834 21,252,666 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE TEN MONTHS ENDING MAY 31, 2005 Loan Program Special Project HOME Program Fund Fund Fund Revenues: Total Contribution from Federal Government 0 0 783,644 783,644 Interest on loans 174,458 0 35,918 210,376 Interest on investments 268 3,163 325 3,756 Rental income 102,008 0 0 102,008 Miscellaneous 8,002 0 435,291 443,293 Total revenues 284,735 3,163 1,255,178 1,543,076 Expenditures: Grants 13,056 0 1,086,504 1,099,561 Warranty Work 1,748 0 0 1,748 Community Development administration 0 0 59,063 59,063 Loan processing 0 0 39,966 39,966 Accounting services 0 0 8,616 8,616 Interest expense 8,241 0 0 8,241 Miscellaneous 0 0 0 0 Accumulated amortization - forgivable loans 61,984 0 8,827 70,811 leasehold improvements 92,972 0 0 92,972 Accumulated depreciation - building 6,216 0 0 6,216 Total expenditures 184,217 0 1,202,976 1,387,193 Excess of revenues over expenditures 100,518 3,163 52,202 155,883 Other financing sources(uses): Operating transfers in(out): Transfer From CDBG 257,736 0 0 257,736 Transfer To CDBG (102,938) 0 0 (102,938) Total other financing sources(uses) 154,798 0 0 154,798 Excess (Deficit)of revenues and other financing sources over expenditures and other uses 255,316 3,163 52,202 310,681 Fund balances at August 1, 2004 12,404,620 237,539 7,800,631 20,442,790 Fund balances at May 31, 2005 12,659,936 240,702 7,852,833 20,753,471 Memorandum TO: Board Members of the Corpus Christi Community Improvement Corporation FROM: George K. Noe, General Manager DATE: July 21, 2005 SUBJECT: Request for Annual Meeting of the Corpus Christi Community Improvement Corporation (CCCIC) on July 26, 2005 I am requesting that the annual meeting of the Corpus Christi Community Improvement Corporation (CCCIC) be held during the Council meeting of July 26, 2005 to consider the following items: 1. Election of Officers: Each year at its annual meeting, the CCCIC elects officers. The office of President is currently held by Rex A. Kinnison, while the position of Vice President is vacant. The remaining positions are functionary positions in nature which traditionally are held by staff. I recommend a slate of City staff members for the functionary positions as follows: General Manager — Geoge K. Noe, City Manager Secretary — Armando Chapa, City Secretary Assistant Secretary — Mary Juarez, Assistant City Secretary Treasurer — Cindy O'Brien, Director of Finance Assistant Treasurer — Constance P. Sanchez, Assistant Director of Finance 2. General Manager's Annual Report: The CCCIC was originally incorporated as a nonprofit Corporation in 1976 as the Corpus Christi Housing Improvement Corporation. The Corporation was originally intended to simply provide a vehicle for the City's single family rehabilitation program; however, over the years the Corporation has taken a much broader role in not only handling CDBG funds, but also HOME funds, certain ESG funds, and special CDBG projects for the City. Over $30 million of funding has been generated through the CCCIC and approximately 5,000 units have been assisted through the CCCIC's many programs. The CCCIC began a partnership with the CCHFC in June 1996 to assist 4,000 units by the end of the year 2000. Through June 2005, the two corporations and their programs have assisted 8.184 units and have generated over $186 million for these assistance programs. The CCCIC also has undertaken a number of other community improvement programs which are all satisfactorily accomplished or moving forward. An example of the different types of programs is the complete renovation of the old Police Department facility into a leased facility for the Workforce Development Corporation. This project was accomplished both with funds of the corporation as well as a loan from a consortium of local banks. 3. Approval of revisions to the 2005 Corpus Christi Community Improvement Corporation Handbook, American Dream Down Payment Initiative (Chapter 24), and New Construction Homebuyer Assistance Program (Chapter 25) by changing the section headings "Resale provisions" to "Recapture Provisions." Federal regulations require that cities determine whether their homebuyer programs will use the "Resale" or "Recapture" option. Each option has different requirements that must be met when the initial homebuyer assisted no longer uses the purchased home as their principal residence. The City of Corpus Christi chose to use the recapture option for recouping funds. When Chapters 24 and 25 were developed, the wording "Resale Provisions" was used meaning when the homebuyer sold their home. During the review of the Consolidated Annual Action Plan, HUD requested clarification of the provision. The current section heading is creating confusion as to whether or not the City has chosen the "Resale" or the "Recapture" option for its homebuyer programs. Changing the wording would help clarify any confusion. 4. Approval to utilize program income from the Single Family Rehabilitation Loan Program that is received in excess of the annual estimate proposed through the Annual Consolidated Plan. Currently, staff estimates how much program income it anticipates receiving in the coming year. During its Annual Consolidated Plan process, staff notifies Council of the estimated amount. The Council then approves and appropriates the funding. There are years when more program income is received than what was estimated by staff. With the current process, staff is then required to come back to Council to appropriate the funds in excess of their estimated figure originally submitted. Program income funds can only be used to provide additional rehabilitation loans since it is a revolving account under Federal regulations. With this action, staff would have the ability to automatically utilize the program income that may exceed the estimated annual amount without further appropriation by City Council during that year. Excess program income will be used to provide additional rehabilitation loans. 5. Approval to reprogram $150,000 of HOME Program Grant Funds for use on the Sea Breeze Seniors 200 -unit development On February 10, 2004, the CCCIC approved $150,000 of HOME Program grant funding for the Corpus Christi Housing Authority to assist 30 low- income residents of Corpus Christi for the Thanksgiving Homes development. The project did not come to fruition. As a result, the Corpus Christi Housing Authority is requesting to reprogram the $150,000 of HOME Program grant funds for use on the Sea Breeze Seniors 200 -unit development, which is a 4% tax credit and bond finance driven with HUD cash infusion from replacement housing. The use of the HOME Program funds would be available to pay for the following fees: Purpose a. Costs Water Distribution Fees $24,945 Wastewater System Acreage Fees $27,219 Park Settlement Fees $5,169 Building Permits $65,000 Water tap fees* - Additional municipal fees* - Total $150,000 At this juncture of the development, fees are unknown. 6. Approval of request by Habitat for Humanity for Donation of CCCIC property On July 31, 2000, the CCCIC purchased residential Lots 33-40, Block 1602, Bay Terrace #2 Subdivision for a total of $19,750 with the intent of using them in support of the Youth Work program. The purpose of the program was to train at -risk high school students in the construction industry and provide them an alternative should they decide against attending college. The Youth Work Program was subsequently cancelled and the lots were never used or sold. Presently, Habitat for Humanity is requesting that the CCCIC donate the lots for their use in support of their affordable housing program. There are eight 25' wide lots and the plan is to combine them into four 50' wide lots. This would allow Habitat for Humanity to construct homes on the property and provide affordable homes to lower income families (30 -50% below median income), usually only at the cost of construction. Additionally, Neighborhood Services Department could potentially partner with Habitat for Humanity to assist with down payment assistance and closing costs, and realize a match contribution towards the HOME Program through "donated labor.' Historically, Habitat for Humanity has done an excellent job of assisting low income families and providing affordable housing to families at cost. Granting the lots to Habitat for Humanity would realize the "attainment of a dream" for many below median income families. Since the CCCIC has no immediate plans for use of the eight lots, donating them to Habitat for Humanity would play a major role in furthering our affordable housing efforts and providing affordable housing to a targeted income segment of our community. 7. Reappointment of CCCIC Loan Review Committee Members The Loan Review Committee has three members whose terms expired in May. Raul Torres - Community at Large Sylvia Ford - Community At Large Daniel Suckley - Financial Institution All three members are eligible for reappointment and have expressed interest to serve another term. e K. roe ral Manager CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION /LOAN REVIEW COMMITTEE — Three (3) vacancies with three -year terms to 5 -07 -08 representing the following categories: 2 -- Community at Large and 1 — Financial Institution. DITTIES: Review and approve loan applications submitted through the various loan programs in accordance with the Rehabilitation Loan Handbook. COMPOSITION: Eleven (11) members - serving staggered terms as follows: five (5) for three -year terns; three (3) for two -year terms; three (3) for one -year terms. 'fhe committee shall be composed of the following representatives: 4 - members from the following professions: legal, real estate agency, general contractor/ remodelor/ homebuilder, architect, engineer, residential home designer; 2 - financial institutions; 1 member individually employed in the delivery of Health and Human Services; and 4 - community at large. Appointments to be made by the Board of Directors of CCCIC (City Council). Members must comply with the City's Code of Ethics. Chairman to he selected by Loan Review Committee for a one -year term. ORIGINAL MEMBERS TERMS APPTD. DATE Alice Vaughan (Real Estate) Chairperson 5 -07 -06 3 -16 -93 Ben Grande (Community at Large). Vice -Chair 5 -07 -06 5 -24 -94 *Raul Torres (Community at Large) 5 -07 -05 7 -10 -01 David Cantu (Financial Inst.) 5 -07 -07 5 -12 -98 Alynda Asher (Real Estate) 5 -07 -06 7 -27 -93 *Sylvia Ford (Community at Large) 5 -07 -05 9 -21 -04 Barry Lobel] (Community at Large) 5 -07 -07 5 -12 -98 Judy Telge (Health/Human) 5 -07 -07 9 -21 -04 *Daniel Suckley (Financial Inst.) 5 -07 -05 5 -12 -98 Jesus A. Leija (Architect) 5 -07 -06 2 -10 -04 Caroline Stahl (Realtor) 5 -07 -06 6 -20 -95 *Seeking reappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Raul Torres (Comm. at Large) 9 6 67% Sylvia Ford (Comm. at Large) 7 5 72% Daniel Suckley (Financial Inst.) 9 6 67% OTHER INDIVIDUALS EXPRESSING INTEREST Gerald W. Brown, Sr. Vice President, RSI & Associates. Received degrees in Economics and Finance in North Virginia. Activities include: Institute of Business Appraisers, National Center Rodney Buckwalter David Cadena l vy Coppola Vincent E. Doyle Michael A. Garcia Guadalupe J. Gomez Tiffany Hull for Employee Ownership and the Corpus Christi Chamber of Commerce. (Community at Large) (2- 25 -05) Manager, Training & Quality, First Data Corporation. Received A.A. from Del Mar College, B.A. and M.S. from Texas A & M University — Corpus Christi. Activities include: Management Development Advisory Committee — Del Mar College, American Society for Training and Development, Patriot's Band and Honor Guard of America. (Community at Large) (7- 21 -04) Vice President - Credit Products Underwriter, Bank of America. Received B.A. from Texas A & M University — Corpus Christi. Activities include: C.C. Hispanic Chamber of Commerce and the PDAP Fundraiser. (Financial Institution) (3- 04 -05) Owner, Pathways to Wellness. Activities include: Founder/Director of Extraordinary Business Women Owners, League of Women Voters, Westside Business Association, Bathos Association and Yoga Alliance. (Community at Large) (4- 21 -05) Engineering Service, Corpus Christi Army Depot. Received Trade School Vocational Certification. Interested in serving community. (Community at Large) (2- 22 -05) General Manager, Pete's Chicken -N -More. Received B.S. in Electrical Engineering. Activities include: National Restaurant Association and Texas Restaurant Association. (Community at Large) (7- 10 -05) Self - employed, Business Consultant. Received B.A. in Business Finance. Member of the Westside Business Association. (Community at Large) (3- 10 -05) Commercial Lender, Prosperity Bank. Received B.A. in Management and International Business Certificate in Spanish from Texas A & M University — College Station. Activities include: Associated Builders and Contractors Board Member, Rotary Club of Corpus Christi Hospitality Committee and March of Dimes Walk America Revenue Committee. (Financial Institution) (6- 29 -05) Dale M. Pittman President/CEO, Construction Assistance. Received certificates in Real Estate and Construction Inspection Larry Rast James D. Robbins Hortencia B. Sanchez Work. Member of the Texas Residential ICF Statewide and Local Committee, Associated General Contractors and the Associated Building Contractors. (Community at Large) (5- 06 -04) Owner. Marathon Mortgage. Received B.A. in Sociology from Texas Tech University and M.A. in Community Counseling from Stephen F. Austin State University. Activities include: Special Olympics volunteer, Ronald McDonald House, and Member of the Housing and Urban Development Families Self- Sufficiency Advisory Committee. (Community at Large) (11- 14 -04) Retired Civil Service and U.S. Army, Army Pilot and Air Traffic Controller. Received A.S. at North Lake College. Attended Southwestern Baptist Theological Seminary and Howard Payne University for Ministry. Member of the Vietnam Helicopter Pilots Association, Association of U.S. Army and Amry Aviation Association of America. (Community at Large) (2- 24 -05) Certified as an Office Clerk from Legal Assistant Associates. Pursuing a B.A. in Telemarketing and minor in International Law. Activities include: certified Director of Religious Education, Legal Assistant Association, and Executive Liaison of the City P.T.O. at Haas Middle School. Received the "Who's Who" Award from Junior College. (Community at Large) (2- 24 -05) AGENDA CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION ANNUAL MEETING DATE: Tuesday, July 26, 2005 TIME: During the meeting of the City Council beginning at 10 a.m. PLACE: City Council Chambers 1201 Leopard St. Corpus Christi, TX 78401 1 President Henry Garrett calls meeting to order 2 Secretary Armando Chapa calls roll Board of Directors Henry Garrett, President Jesse Noyola, Vice President Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Mark Scott 3 Election of Officers: President Vice President Secretary Assistant Secretary Treasurer Assistant Treasurer General Manager 4 Approve Minutes of June 22, 2004 5 Financial Report 6 General Manager's Annual Report 7 Public Comment 8 Adjournment Officers George K. Noe, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer MINUTES CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION JUNE 22, 2004 11:47 A.M. PRESENT Board of Directors Henry Garrett, President Jesse Noyola, Vice President Javier Colmenero Brent Chesney Melody Cooper Bill Kelly Rex Kinnison Mark Scott Samuel L. Neal Jr. Officers George K. Noe, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer President Garrett called the meeting to order in the Council Chambers of City Hall. City Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been properly posted. President Garrett referred to Item 3, the election of officers. Mr. Scott made a motion, seconded by Ms. Cooper, to reappoint the following slate of officers: Henry Garrett - President; Jesse Noyola - Vice - President; General Manager - George K. Noe, City Manager; Secretary - Armando Chapa, City Secretary; Assistant Secretary - Mary Juarez, Assistant City Secretary; 7 reasurer - Cindy O'Brien, Director of Finance; Assistant Treasurer - Constance P. Sanchez, Assistant Director of Finance. President Garrett called for the approval of the minutes of December 9, 2003. Mr. Scott made a motion to approve the minutes as presented, seconded by Mr. Noyola, and passed. President Garrett called for the financial report. General Manager Noe referred to a statement of assets and liabilities since May 31, 2004, and a summary of transactions report for ten months ended May 31, 2004. The Council had no questions. President Garrett called for the General Manager's annual report. Mr. Noe stated the CCIDC had played a major role in the establishment of the city's State Enterprise Zone. The State- approved Enterprise Zone projects had generated over 3,270 jobs with a total investment of approximately $2.2 billion. The CCIDC's most recent activity was to hold approximately 100 acres of land purchased from the State (State School Property) to be used this summer as a match for a Texas Parks & Wildlife Grant. Finally, Mr. Noe stated the latest CCIDC bond project was the issuance of bonds for the Airborne Freight Corporation facility at the Corpus Christi airport in the amount of $1.1 million. Minutes - Regular CCIDC Meeting June 22, 2004 - Page 2 President Garrett called for public comment, and there was none. There being no further business to come before the corporation, President Garrett adjourned the meeting at 11:50 a.m. on June 22, 2004. Corpus Christi Industrial Development Corporation Balance Sheet May 31, 2005 Assets Current assets: Cash $ 9,627 Investments 47,509 Receivables: Accounts Accrued Interest 15 Total assets $ 57,151 Liabilities and Fund Balance Liabilities: Accounts payable Total liabilities Fund balance: Designated Undesignated Total fund balance $ $ 57,151 57,151 Total liabilities and fund balance $ 57,151 Corpus Christi Industrial Development Corporation Summary of Transactions For Ten Months ended May 31, 2005 Fund balance at August 1, 2004 $ 52,283 Revenues: Interest earned Change in fair value of investments Issuer's annual fee 918 3,950 Total revenues 4,868 Expenditures: Grant Miscellaneous Total expenditures Fund balance at May 31, 2005 $ 57 151 Memorandum TO: Board Members of the Corpus Christi Industrial Development Corporation FROM: George K. Noe, City Manager DATE: July 21, 2005 SUBJECT: Request for Annual Meeting of the Corpus Christi Industrial Development Corporation (CCIDC) on July 26, 2005 I am requesting that a meeting of the Corpus Christi Industrial Development Corporation (CCIDC) be held during the Council meeting of July 26, 2005 to consider the following items: 1. Election of Officers: Each year at its annual meeting, the CCIDC elects officers. The office of President is currently held by Henry Garrett, while the position of Vice President is held by Jesse Noyola. The remaining positions are functionary positions in nature, which traditionally are held by staff. I recommend a slate of City staff members for the functionary positions as follows: General Manager — George K. Noe, City Manager Secretary — Armando Chapa, City Secretary Assistant Secretary — Mary Juarez, Assistant City Secretary Treasurer — Cindy O'Brien, Director of Finance Assistant Treasurer — Constance P. Sanchez, Assistant Director of Finance 1. General Manager's Annual Report: The CCIDC was established in 1980 under the Texas Industrial Development Corporations Act of 1979. The CCIDC has, as its general charge, the provision of assistance to and encouragement of industrial, manufacturing, warehousing, and commercial activities within Corpus Christi and the Corpus Christi area. The CCIDC's principal tool has been the utilization of Industrial Revenue Bonds which are tax exempt under federal law. These bonds are not a liability of the City, County, or the State and are solely payable from the loan repayment agreements on various industrial warehousing or commercial projects. In addition, some of the bonds are backed by Letters of Credit or corporate guarantees. The Corporation generates income from fees that it charges for the issuance of the bonds. Since its establishment, the Corporation has utilized these fees for various economic development studies and projects for the City of Corpus Christi in an amount in excess of $300,000. These projects have included such items as joint studies of Port activities and small capital improvement projects. The CCIDC has issued approximately $65 million in industrial revenue bonds during its existence which have been responsible for assisting in the financing of a number of projects, including the following: a. Hotel - Motel: Assisted in the creation of over 1,000 hotel and motel rooms (Holiday Inn Airport, Sandy Shores, Marriott, Days Inn). a. Hotel - Motel: Assisted in the creation of over 1,000 hotel and motel rooms (Holiday Inn Airport, Sandy Shores, Marriott, Days Inn). b. Warehousing and distribution: 35,000 sq. ft., including Williams distributing Co. and W. W. Grainger, Inc. c. Industrial: 100,000 sq. ft. of manufacturing facilities for the De Dietrich USA, Inc. project. The CCIDC has also played a major role in the establishment of the City's State Enterprise Zone. The CCIDC paid for the Enterprise Zone expansion applications and in 1997 paid for the submission of a new Enterprise zone application. Since the Zone was originally created in 1989, State approved Enterprise Zone designated projects have generated over 3,270 jobs with total investment of approximately $2.2 billion. The CCIDC also funded an architectural study of the old Nueces County Courthouse by the Killis- Almond firm. The CCIDC holds a piece of park land on Oso Creek Parkway which was purchased with CCIDC funds. This land is now being used as the City's match for a Coastal Management grant which has been awarded. The most recent activity has been to act as an intermediary to hold approximately 100 acres of land purchased from the State (State School property) to be used this summer as a match for a Texas Parks & Wildlife Grant. The latest CCIDC bond project was the issuance of bonds for the Airborne Freight Corporation facility at Corpus Christ International Airport in the amount of $1.1 million. C.- Ge. '.T K. Noe Ci, Manager