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Home My WebLink AboutAgenda Packet City Council - 07/25/2006 CITY COUNCIL AGENDA mL Y 25,2006 Corpus Christi ...CIIJ ~ .... .-,....- ...............--,..~,..~- .....- 11 :45 A.M. - Proclamation declaring July 29, 2006 as "Feria de Las Flores Day" Proclamation declaring August 1, 2006 as "National Night Our Honorary Citizen Certificates: Natsumi Morikawa & Chieko Ishihara, Yokosuka, Japan Swearing-in ceremony of newly appointed Board, Commission and Committee members "At Your Service Award", City Staff Recognition AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD JULY 25, 2006 10:00 A.M. PUB~ NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE . PROH#Bn-ED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Memb81S 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 addless. 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 aJ Concilio y cree que su ingJes es limitado, habra un inMrprete ingles-espanol en todas las juntas del Coneilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact l1e City Secretary's office (at 361-826-3105) 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 Minister Eddie Rodriguez, Norton Street Church of Christ. 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 Tern Jesse Noyola Coun embers: Brent hesney Melody Cooper Jerry Garcia BiIIKeIy Rex KllOison John Marez Mark Scott City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa E. III.UTES: 1 . Approval of Regular Meeting of July 18, 2006. (Attachment # 1) ___"."'-"/!l!IIIII'-'" ...,.... ._ Agen. Regullr Council Meeting July 21, 2006 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) 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 fi,./Iy 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 f~wing items are of a routine or administrative nature. The Council has been ftmiBhed with background and support material on each item, and/or it has betn discussed at a previous meeting. All items will be acted upon by one vote we.out being discussed separately unless requested by a Council Member or a cilien, in which event the item or items wi// immediately be withdrawn for individfal 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. CON FRO T NS ESOLUTIONS ORDINANCES AND ORDINANCES VIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 2. Motion approving the purchase of five (5) defibrillators from Zoll Medical Corporation, of Chelmsford, Massachusetts for a total amount of $82,003.90. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (HGAC). The defibrillators will be used by the Fire Department. Funds have been budgeted by the Fire Department in FY 2005- 2006. (Attachment # 2) ~'-~ CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agen4a Regu"r Council Meeting July 2$, 2006 Page 3 3. Motion approving a service agreement with Fidelity Output Solutions, of San Antonio, Texas for electronic statement processing services for utility statements and delinquent notices, in accordance with Request for Proposal No. 81-0153-06, for an estimated five year expenditure of $935,455.50. The term of the agreement is for five years with an average annual projected cost of $187,091.10. Funds have been budgeted by the Utility Business Office Division of the Financial Services Department in FY 2005-2006 and requested for FY 2006-2007. (Attachment # 3) 4. Motion approving the purchase of six (6) pickup trucks from Philpott Motors, of Port Neches, Texas for the total amount of $117,151. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (HGAC). These vehicles will be used for the Fire Department and Parks and Recreation Department. Funding is available in the operations budgets of the respective departments for FY 2005- 2006. All items are replacements to the fleet. (Attachment # 4) 5. Motion approving the purchase of emergency generator cabling end accessories from Graybar Electric, of Corpus Christi, Texas for the total amount of $89,783.15. The award is based on the cooperative purchasing agreement with US Communities. The cable is purchased for the Wastewater Department. Funding is available in the operation budget of the Wastewater Department for FY 2005-2006. (Attachment # 5) 6.a. Resolution authorizing the City Manager or his designee to accept a $14,000 grant from the Texas Department of State Health Services in the No. 1067 Federal/State Grant Fund to be used for the Coordinated Community Approach to Promote Wellness (CCAPWell) to develop a strategic plan to combat obesity in our community. (Attachment # 6) 6.b. Ordinance appropriating a $14,000 grant from the Texas Department of State Health Services in the No. 1067 Federal/State Grants Fund for the Coordinated Community Approach to Promote Wallness (CCAPWell) to develop a strategic plan to combat obesity in our community. (Attachment # 6) ......=~ -....." CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agen. Regullr Council Meeting July 25, 2006 Page 4 7.a. Motion to authorize the City Manager or his designee to execute an agreement in the amount of $1,333 with Communities in Schools, Inc. for support of youth mentoring programs. (Attachment # 7) 7.b. Motion to authorize the City Manager or his designee to execute an agreement in the amount of $500 with Alcorta's Folklorico Diamante, Inc. for support of arts education activities. (Alachment # 7) 7.c. Motion to authorize the City Manager or his designee to execute an agreement in the amount of $1,333 with Corpus Christi Safeplace House, Inc., dba The Wenholz House for support of housing and addiction rehabilitation programs. (Attachment # 7) 7.d. Motion authorizing transfer of $1,333 from City Council Organization to Sister City Program Organization within General Fund for support of Sister City program. (Attachment # 7) 8.a. Motion authorizing the City Manager or his designee to execute an addendum to the current lease with Durrill Properties for the facility space to operate the Juvenile Assessment Center for three additional years, in the annual amount of $33,664.20, which has been budgeted in the FY 2006-2007 budget of the Corpus Christi Crime Control and Prevention District. (Attachment # 8) 8.b. Motion authorizing the City Manager or his designee to execute an addendum to the current lease with Durrill Properties for the facility space to operate the Juvenile Municipal Court for three additional years, in the annual amount of $32,239.20, which has been budgeted in the FY 2006-2007 budget of the Corpus Christi Municipal Court. (Attachment # 8) 9. 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 $535,322 for the Furman Avenue OevelopmenUSpohn Shoreline Hospital Sanitary Sewer for the total base bid. (Attachment # 9) .........c_...... CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ Agenda Regu.... Council Meeting July 21, 2006 Page 5 10. Motion authorizing the City Manager or his designee to execute a construction contract with DMB Construction, LLC, of Corpus Christi, Texas in the amount of $70,895 for the Fire Station No. 14 Concrete Driveway Repair 2006. (Attachment # 10) 11 . Motion authorizing the City Manager or his designee to execute a contract with Alan Plummer Associates, Inc., of Austin, Texas not to exceed $135,000 for consulting services necessary to assist in the coordination and review of various activities affecting the Nueces Delta. (Attachment # 11) 12. Resolution requesting the Texas Department of Transportation designate the new State Highway 44 Bypass in Clarkwood as part ofl1e State Highway 44 roadway system; re-designate the former location of State Highway 44 as a business route. (Attachment 1# 12) 13. Ordinance appropriating $21,315 in Haz-Mat Response Calls Revenue received from Texas Molecular into the General Fund Fire Department for purchase of Haz-Mat consumable equipment and supplies; amending the FY 2005-2006 Operating Budget, adopted by Ordinance No. 026385, by increasing estimated revenues and appropriations by $21,315 each. (Attachment # 13) 14. Ordinance appropriating $729,319 in Passenger Facility Charge Fund 4621 from unreserved fund balance; transferring $643,761 Into the Airport 2000A Debt Service Fund 4640 and $85,558 into the Airport 2000B Debt Service Fund 4641 for Debt Service Payments on Airport Improvements; amending FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $729,319. (Attachment # 14) 15. Ordinance appropriating $172,933 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements; amending FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $172,933. (Attachment # 15) ~<....... CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ ~ Agenda Reg~r Council Meeting July 21, 2006 Page 6 16. Ordinance appropriating $828,707 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Passenger Loading Bridges at the Airport; amending FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $828,707. (Attachment # 16) 17. Ordinance appropriating $125,000 in the Airport Operating Fund 4610 from unreserved fund balance and $75,000 from Aviation Reserve Fund Balance for emergency airport chiller system rental and repairs; amending FY 2005-2006 Operating Budget adopted by Ordinance No. 026385 to increase appropriations by $200,000. (Alachment # 17) 18. Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with R.E.E., Inc. dba McDonald's Restaurant (Owner), for the right to plant and maintain approximately 432-square feet (3-foot wide x 144-foot long) of landscaped sectioned area within the Morgan Avenue public right-of-way, adjacent to the McDonald's Restaurant bulding, located at 2021 Morgan Avenue; establishing a fee of $1,140. (Attachment # 18) 19. Ordinance abandoning and vacating a 1,592.68-square foot portion of a 10-foot wide utility easement out of Lots 20-23 and Lots 45-48, Block 11, Flour Bluff Park, located approximately 150 feet north of the South Padre Island Drive street right-of-way, adjacent to the Flour Bluff Drive street right-of-way; subject to compliance with the specified conditions. (Attachment # 19) 20. Ordinance abandoning and vacating a 823.50-square foot portion of a 10-foot wide utility easement out of Lot 2A, Block 8, Matt Dunn Subdivision, located just southeast of and adjacent to the Ocean Drive Street right-ot-way; subject to compliance with the specified conditions. (Attachment # 20) ...............'.............. '.-' "'-' CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agen. Regu.... Council Meeting July 2$, 2006 Page 1 21 . Second Reading Ordinance - Authorizing the City Manager or his designee to execute a long-term lease agreement, fIVe (5) years, will San Antonio MTA, L.P. d/b/a Verizon Wireless to construct, maintain, and operate a sixty-foot (60') high monopole type tower for use in connection with providing communications services at the Corpus Christi International Airport in consideration of an annual rental fee and extended automatic rental terms being three (3) successive periods of five (5) years each. (First Reading 06127/06) (Attachment # 21) I. PUBLIC HEARINGS: ZONING CASES: 22. Case No. 0606-01. Grace United Methodist Church: A change of zoning from a "R-1B" One-family Dwelling District to a "B-1" Neighborhood Business District, being Tract 7 out of the Shell Road Poultry Acres/Pugh Tract, located on Church Street and approximately 215 feet north of Leopard Street. (Attachment # 22) Plannin9 Commission and Staffs Recommendation: Denial of the "B-1" Neighborhood Business District, and in lieu thereof, approval of a Special Permit for a church-related thrift shop with six (6) conditions. ORDINANCE Amending the Zoning Ordinance I upon application by Grace United Methodist Church, by changing the zoning map in reference to Tract 7 out of the Shell Road Poultry Acres/Pugh Tract, (currently zoned "R-1B" One-family Dwelling District) by granting a Special Permit for a church-related thrift shop, subject to six (6) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty. .~,...,c.,~ CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agen. Regullr Council Meeting July 25, 2006 Page 8 23. Case No. 0606-02. Dinah Morton: A change of zoning from a "F-R" Farm-Rural District to a "R-1 B" One-family Dwelling District, being a 5.255 acre tract of land situated in and out of a portion of Lot 15, Section 41, Flour Bluff and Encinal Farm and Garden Tracts, located on Flour Bluff Drive approximately 225 feet south of Graham Drive. (Attachment # 23) Planning Commission and Staffs Recommendation: Approval of "R-1 B" One-family Dwelling District. ORDINANCE Amending the Zoning Ordinance, upon application by Dinah Morton, by changing the zoning map in reference to a 5.255 acre tract of land situated in and out of a portion of Flour Bluff and Encinal Farm and Garden Tracts, Lot 15, Section 41, from "F-R" Farm-Rural District to "R-1B" One-family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty. 24. C.,e No. 0606-04. Hogan Develooment Co.. L.P.: A change of zoning from a "F-R" Farm-Rural District to a "R-1B" One-family Dwelling District, being 26.53 acres out of the Flour Bluff and Encinal Farm and Garden Tracts, Lot 1 and a portion of Lot 2, Section 32, located on Holly Road approximately 2,560 feet east of Lexington Road. (Attachment # 24) Planning Commission and Staffs Recommendation: Approval of the "R-1 B" One-family Dwelling District. ORDINANCE Amending the Zoning Ordinance, upon application by Hogan Development Co., L.P., by changing the zoning map in reference to 26.53 acres of Flour Bluff and Encinal Farm and Garden Tracts Lot 1 and a portion of Lot 2, Section 32 from "F-R" Farm-Rural District to "R-1 B" One-family Dwelling District; amending the Comprehensive Plan to account for any deviation from the existing Comprehensive Plan; providing a penalty. ~"........ CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Age'" Regullr Council Meeting July 25, 2006 Page 9 25. Case No. 0606-05. Cross Road Builders: A change of zoning from a "F-R" Farm-Rural District to a "R-2" Multiple Dwelling District with a "PUD-2" Planned Unit Development 2 Overlay in Sunshine Acres, a portion of Block 11, Lot 13, located on the north side of Wooldridge Road and approximately 1 ,200 feet west of Rodd Field Road. (Attachment # 25) Plannina Commission and Staffs Recommendation: Approval of the "R-2" Multiple Dweling District with a "PUD-2" Planned Unit Development 2 Overlay subject to the submitted site plan for 20 townhouses and the five (5) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Cross Road Blilders, by changing the zoning map in reference to Sunshine Aaes, a portion of Block 11, Lot 13, from "F-R" Farm-Rural District to "R-2" Multiple Dwelling District with a "PUD-2" Planned Unit Development 2 Overlay, subject to a site plan and fIVe conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty. 26. C.e No. 0606-07. Rov D. Bennett: A change of zoning from a "R-1 B/SP" One-family Dwelling District with a Special Permit to a "B-1" Neighborhood Business District, Guth Parkside Annex, Lot 4A, Block 1, located along Rand Morgan Road and approximately 410 feet south of Up River Road. (Attachment # 26) Plannina Commission and Staffs Recommendation: Denial ofthe "B-1" Neighborhood Business District, and in lieu thereof, approval of a "B-1" Neighborhood Business District on the front portion of the property and "B-1 A" Neighborhood Business District on the rear portion of the property, per the metes and bounds description. .........-"....... CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regu.... Council Meeting July 25, 2006 Page 10 ORDINANCE Amending the Zoning Ordinance, upon application by Roy D. Bennett, by changing the zoning map in reference to Guth Parkside Annex, Lot 4A, Block 1, from "R-1 B/SP" One-family Dwelling District with a Special Pennit to "B-1" Neighborhood Business District in the front portion of the property facing Rand Morgan Road and "B-1 A" Neighborhood Business District in the rear portion of the property; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty. J. PRESENTATIONS: Public comment will not be solicited on Presentation items. 27. Automated Meter Reading (AMR) Initiative - Year 1 Expansion Update (Attachment # 27) K. REGULAR AGENDA CON..-.4 TION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: 28.a. Motion approving the Expansion Phase years 2 through 5 of the Automated Meter Reading project, including infrastructure rehabilitation, with Northrop Grumman, of Herndon, Virginia, in the amount of $14,948,639. Funding has been programmed in the adopted FY2005 Capital Budget and will be included in the FY2007 Capital Budget. (Attachment # 28) 28.b. Motion approving a consulting contract with RAM Technologies, Inc., of Fort Washington, Pennsylvania for contract management and technical assistance necessary for implementation of Expansion Phase Vears 2 through 5 of the citywide Automated Meter Reading project, including rehabilitation, in the amount of $1.280,562. Funding has been programmed in the adopted fY2005 Capital Budget and will be included in the FY2007 Capital Budget. (Attachment # 28) 29. Resolution approving FY 2006-2007 Budget for CC Digital Community Development Corporation ("CCDCDC"). (Attachment # 29) ~'".,....,.., CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regultr Council Meeting July 21, 2006 Page 11 30.a. Motion setting September 12, 2006 as the date for the adoption of the ad valorem tax rate of $0.607406 per $100 valuation. (Attachment # 30) 30.b. Motion setting a public hearing on the ad valorem tax rate for August 22, 2006 and a second public hearing for August 29, 2006, during the regular City Council meeting beginning at 10:00 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. (Attachment # 30) 31 . Motion authorizing an amendment to the Consulting Services Agreement with the Corpus Christi Convention and Visitors' Bureau approved on July 11, 2006, by appointing a non-voting member to represent the Corpus Christi International Airport. (Attachment # 31 ) 32. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Alan Plummer Associates, Inc., of Fort Worth, Texas in the amount of $2,055,941.87 for a total re-stated fee of $2,365,941.87, for Greenwood Wastewater Treatment Plant 4 MGD Expansion (8 MGD to 12 MGD). (Attachment # 32) 33. Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Parks and Wildlife Department in the amount of $400,000 for planning, developing and implementing the State School Property Master Plan, with a City Match of $400,000 from the Bond 2004 Fund, and a total project cost of $800,000. (Attachment # 33) 34. First Reading Ordinance - Authorizing the City Manager to execute a Real Estate Option Agreement with Scannell Development Company or its subsidiary in consideration of $1.00 option fee for the first option period of nine (9) months, $20,000 for next successive twelve (12) months and $20,000 for next successive twelve (12) month period, to lease all or part of approximately 56 acres of land in Phase 1 of the Corpus Christi International Airport Business Centre (State Highway 44 west of International Drive north of Glasson and east of Pinson Road) at ~"",.,,,,,,,,,,,, CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ ~..... ,"" ..;.' .- ~ ce,' . . ,;.~, .._ )JJ Agendla Regu,* Council Meeting July 25,2006 Page 12 annual rate of twenty-five cents per square foot for property which fronts International Drive, and annual rate of fifteen cents per square foot for all other property, to be increased every five years by 7.5%, for a term of forty years with two successive five year options to renew. (Attachment # 34) 35. First Reading Ordinance - Amending Chapter 14 "Development Services" to include Article XII "Industrialized Housing" to provide for regulation of the construction and installation of industrialized housing and buildings within the City; providing a penalty clause; providing a severability clause; providing a repealer clause; and providing for an effective date. (Attachment # 35) 36. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 53 (Traffic) by adding Section 53- 177, (Certain vehicles prohibited from entering and parking in certain Packery Channel area parking lots); renumbering Sections 53-259 through 53-266 (under Article IX, Vision and Passage Obstructions) as Sections 53-260 through 53-267; amending Article VIII (Schedules) by adding a new Section 53-259 (Packery Channel Parking Lots Restrictions); providing for penalties. (Attachment # 36) L.SPECIAL BUDGET CONSIDERATION ITEMS: 'PROPOSED REVISIONS TO THE CODe OF ORDINANCES. CHAPTER 39. PERSONNEL: 37. Second Reading Ordinance - Amending the Code of Ordinances by revising Section 39-300 Policy; revising Section 39-303, Standard Classifications, Pay Plans, Pay Grades, and Ranges, as amended; revising Section 39-308 Temporary Employees; revising Section 39-312 Retirees Participation in the City's Group Health Insurance Program at Group Rates; revising Section 39- 318 Discretionary Payment for Involuntary Termination; revising Section 39-324 Holidays; revising Section 39-333 Plan I Personal Leave; revising Section 39-334 Plan I Bereavement Leave; revising Section 39-337 Plan I Use of Sick Leave; revising Section 39-338 Plan I Use of Personal Leave and Vacation in lieu of Sick Leave; revising Section 39-339 Plan I Payment of Sick Leave Upon Termination; revising Section 39-348 Plan II Payment of Vacation Leave Upon Termination; revising Section 39-349 Plan .........'.......... CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ Agen. Regu. Council Meeting July 21. 2006 Page 13 II Personal Leave for Plan II Employees; revising Section 39-352 Plan II Use of Sick Leave; revising Section 39-353 Plan II Use of Personal Leave and Vacation in lieu of Sick Leave; revising Section 39-355 Plan II Payment of Sick Leave Upon Termination; revising Section 39-360 Leaves with Pay Deemed Beneficial to City Operations; repealing all other ordinances and rules, or parts of ordinances and rules. in conflict with this ordinance; providing for an effective date and providing for severance. (First Reading 07/18/06) (Attachment # 37) rflOPOSED FEE/RA TE INCREASE ADJUSTMENTS tNCLUDED IN THE PROPOSED FY 2006-2007 BUDGET: 38.a. Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water, gas and wastewater rates; providing for severance; providing for an effective date; and providing for publication. (First Reading 07/18/06) (Attachment # 38) 38.b. Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 21, Garbage, trash and other refuse, regarding increases to resource recovery fees; providing for penalties; providing for severance; providing an effective date; and providing for publication. (First Reading 07/18/06) (Attachment # 38) 38.c. Second Reading Ordinance - Revising Sections 23-57 (3)(b), 19- 33(b), 19-49(a), 19-54(b), and 19-56. Code of Ordinances, by tncreasing health department fees relating to pool inspections, food establishment health permits, food manager permits, and food handler permits; restructuring fee provisions related to specific food establishment health permits; revising the training requirement and term of food handler permits; revising the term of food manager permits; providing for severance; providing for penalties; providing for publication and providing an effective date. (First Reading 07/18/06) (Attachment # 38) 38.d. Second Reading Ordinance - Revising Section 3-42(b), Code of Ordinances, to increase fees for billboard signs; providing for severance; providing for penalties; providing for publication and providing an effective date. (First Reading 07/18/06) (Attachment # 38) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ Agendl Regu,* Council Meeting July 21, 2006 Page 14 38.e. Second Reading Ordinance - Amending the Code of Ordinances Chapter 3 ~ Alarm Systems, by repealing the existing Chapter and adopting a new Chapter 3 ~ Alarm Systems providing for severance; providing for penalties; and providing for publication. (First Reading 07/18/06) (Attachment # 38) 38. f. Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 9, Aviation, by creating Sections 9-65 through 9-67 providing for rental uses and rates; rental and user agreements; city owned equipment; providing an effective dale; providing for severance; and providing for publication. (First Reeding 07/18/06) (Attachment # 38) 38.g. Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 9, Aviation, by creating Section 9- 64 providing for a federal inspection fee of $2.50 per international light passenger, assessed to the airline; providing for an effective date; providing for severance; and providing for publication. (First Reading 07/18/06) (Attachment # 38) 38.h. Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, Administration, creating a library collection fee of $10 to be assessed on any account of $25 or more that is unpaid for 60 days or more, and is referred for collection to a private vendor; providing for an effective date; providing for severance; and providing for publication. (First Reading 07/18/06) (Attachment # 38) PROPOSED CITY OF CORPUS CHRISTI BUDGET: 39. Second Reading Ordinance - Adopting the City of Corpus Christi Budget for the ensuring Fiscal Year beginning August 1, 2006; to be filed with the County Clerk; appropriating monies as provided in the budget; and providing for severance. (First Reading 07f18/06) (Attachment # 39) M. '~LlC COMMENT FROM THE AUDIENCE ON MATTERS "aT SCHEDULED ON THE AGENDA WILL BE HEARD AT ~ppROXlMATEL Y 12:00 P.M. OR AT THE END OF THE ~quNCIL MEETING. YVHICHEVER IS EARLIER. PLEASE IJItT PRESENTATIONS TO THREE MINUTES. .....~._--...... CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summa/y) ~ AgenctB Regullr Council Meeting July 21, 2006 Page 15 IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM A T 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 ingles es limitado, habra un interprete ingles-espanol en la reuni6n de la junta para ayudarle. PIIR CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PBRSON, OR MEM8ERS OF THE AUDIENCE SHALL S.RATE, EMBARRASS, ACCUSE, OR SHOW ANY PIJRSONAL DISRESI'ECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC A T ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO R.STRAIN 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. 40. Executive session under Texas Government Code Section 551.071 to receive legal advice regarding acquisition of real property for new Broadway Wastewater Treatment Plant, with possible discussion and action related thereto in open session. 41. Executive session under Texas Government Code Section 551.074 for deliberations regarding the evaluation of the City Secretary, with possible discussion and action related thereto in open session. .......c_;_.-.. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Reg_r Council Meeting July 2$, 2006 Page 16 O. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for infonnation 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. CITY MANAGER'S REPORT * Upcoming Items 43. MAYOR'S UPDATE 44. 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 ;) : uU p.m., July 21,2006. ~iV'~ ~Jrh Armando 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. ........."."~. ,.-, '."- CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1 ~.-----"'!IIIIF' MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 18, 2006 - 10:00 a.m. Pft=SENT Mayor Henry Garrett Mayor Pro Tern Jesse Noyola Council Members: Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison John Marez 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 Doug Hoffman of Calvary Chapel Coastland and the Pledge of Allegiance to the United States flag was led by Council Member Garcia. Mayor Garrett called for approval of the minutes of the regular Council meeting of July 11, 2000. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * Mayor Garrett referred to Item 2 and the following board appointments were made: COf>U$ Christi Convention and Visitors Bureau Board Kevin Latone (Appointed) Jodi Patel (Appointed) J.J. Gottsch (Appointed) Tom Schmid (Appointed) Bob Becquet (Appointed) Damon Bentley (Appointed) Foster Edwards (Appointed) Johrl Trice (Appointed) Robert Tamez (Appointed) Corbett "Butch" Pool (Appomted) Art Granado (Appointed) Vall9ie Chapa (Appointed) Michael Perez (Appointed) Sister City Committee Jennifer Nesmith (Appointed) Regarding the Convention and Visitors Bureau (CVB) appointments, Council Member Kelly attempted to nominate Tom Criser for appointment. City Secretary Chapa stated that according to Council policies, Mr. Criser was ineligible for nomination since he had not filed a resume or bio form in the City Secretary's Office. Mr. Kelly made a motion to postpone the CVB Board appointments until next week, seconded by Mr. Kinnison. The motion failed. Mayor Garrett made a motion to direct staff to bring back an amendment to the CVB contract to add an advisory, non-voting member representing the Corpus Christi Airport to the CV8 Board. The motion was seconded and passed. City Secretary Chapa stated that the contract would be ~._- Minutes - Regular Council Meeting July 18, 2006 - Page 2 amended accordingly so the Council could make the appointment next week. Later in the meeting, City Secretary Chapa announced that a name had been omitted from the list of candidates for the CVB Board of Directors. He said Mr. Jack Rush had submitted a resume indicating that he resided in Port Aransas. He said that since the Council policies require that a person reside In the city limits to be eligible for service, his name was removed from the list of candidates. Mr. Chapa said that It had been brought to his attention, however, that Mr. Rush resided in the Port Royal area, which was in the city limits Thus, Mr. Chapa said Mr. Rush was an eligible nominee. A motion was made, seconded, and passed to reconsider the Council's appointments in the eVB Board's At large category The Council's appointments to the CVB Board did not change. i. .***...**** Mayor Garrett called for consideration of the consent agenda (Items 3 - 22). Mr. Johnny French requested that Item 11 be pulled for individual consideration. A motion was made, seconded, and passed to approve Items 3 through 22, constituting the consent agenda, except for Item 11, which was pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2006-210 Motion approving the purchase of one (1) line jetting truck from Chastang's Bayou City Ford, Houston, Texas for the total amount of $96,040.88. The award is based on the cooperative purchasing agreement with Houston Galveston Area Council (HGAC). The truck will be used by the Wastewater Department. Funding is available in the Capital Outlay Budget of the Maintenance Services Fund. This unit is a replacement to the fleet. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Scott was absent. 4. MOTION NO. 2006-21 ~ Motion approving the purchase of one (1) pick-up truck from Philpott Motors, Port Neches, Texas for the total amount of $28,390. This award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (HGAC). The vehicle will be used by the Beach Operations Division of the Parks and Recreation Department. This vehicle is a replacement to the fleet Funding is available in the operations budget of the Parks and Recreation Department The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Scott was absent. Minutes - Regular Council Meeting July 18.2006 - Page 3 5.a. ORDINANCE NO. 026870 Ordinance appropriating $217,310 from the unappropriated fund balance in Fund 5110 Maintenance Services for Vehicle Refurbishment; amending the FY 2005-2006 Operating Budget adopted by Ordinance 026385 by increasing appropriations by $217,310. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Scott was absent 5.b. MOTION NO. 2006-212 Motion approving a service agreement with Reliance Truck & Equipment Ltd., San Antonio, Texas for the refurbishment of eighteen (18) refuse truck packer bodies in accordance with Bid Invitation No. BI-0152-06, based on only bid, for an estimated amount of $217,310. Funding is available in the Capital Outlay Budget of the Maintenance Services Fund. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Scott was absent. 6. MOTION NO. 2006-213 Motion approving the purchase of one (1) tractor from John Deere Company, Cary, North Carolina for the total amount of $37,960.35. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (HGAC). The tractor will be used by the Park Operations Division of the Park and Recreation Department. This unit is a replacement to the fleet. Funding is available in the Operations Budget of the Parks and Recreation Department. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Scott was absent. 7 MOTION NO. 2006-214 Motion approving the purchase of one (1) trenching machine from EKA, Inc., Stone Mountain, Georgia, in accordance with the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC), for a total amount of $36,261.63. The trenching machine will be used by the Park Maintenance Division of the Parks and Recreation Department. This unit is a replacement to the fleet. Funds are available in the FY 2005-2006 Park Operations Budget. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Scott was absent. 8. MOTION NO. 2006-215 Motion authorizing the City Manager to purchase specialized equipment in the amount of $543,368.55 using funds from the 2005 State Homeland Security Grant. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Scott was absent. ...... ..- Miootes- Regular Council Meeting July 18, 2006 - Page 4 9.a. MOTION NO. 2006-216 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 010CA) Fund and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Scott was absent. 9.b. ORDINANCE NO. 026871 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 010CA) Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the follOWing vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye'" Scott was absent 10.a. RESOLUTION NO. 026872 Resolution authorizing the City Manager or his designee to accept grant funding in the amount of $15,000 from the Texas Department of Transportation for an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for OWl enforcement overtime within the Police Department and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, C:::hesney, Cooper. Garcia, Kelly Kinnison, Marez, and Noyola, voting "Aye"; Scott was absent 10.b. ORDINANCE NO. 026873 Ordinance appropnating $15,000 from the Texas Department of Transportation for funding of an Impaired DriVing Mobilization Selective Traffic Enforcement Project (STEP) grant for OWl enforcement overtime within the Police Department in the No. 1061 Police Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, Jottng "Aye" Scott was absent 12.8. RESOLUTION NO. 026875 Resolution authoriZing the City Manager or his designee to submit a grant application to the (~oastal Bend Council of Governments in the amount of $45,000 for Household Hazardous Waste Disposal, With a city match of $45,000 in the No. 4010 Water Fund, and a total proJect costs of $90,000 fhe foregomg resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly Kinnison, Marez, and Noyola, voting "Aye"; Scott was absent -~-.-,-.-....., Minutes - Regular Council Meeting July 18, 2006 - Page 5 12.b. RESOLUTION NO. 026876 Resolution authorizing the City Manager or his designee to submit a grant application to the Coastal Bend Council of Governments in the amount of $25,000 for approximately 45 Solid Waste Collection Vehicle Signs to promote recycling and anti-litter messages, with no city matching funds. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Scott was absent 12.c. RESOLUTION NO 026877 Resolution authorizing the City Manager or his designee to submit a grant application to the Coastal Bend Council of Governments in the amount of $15,000 for recycling and anti-litter education, with a city match of $10,000 in the NO.1 020 General Fund, and a total project costs of $25,000. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Scott was absent. 13. ORDINANCE NO. 026878 Ordinance approving a $5,000,000 transfer from Street 2005 Capital Improvement Program Fund No. 3541 to and appropriating in the Water 2006 Capital Improvement Fund No. 4090; a $5,000,000 transfer from Street 2005 Capital Improvement Program Fund No. 3541 to and appropriating in the Wastewater 2006 Capital Improvement Program Fund No. 4250; and a $2,000,000 transfer from Street 2005 Capita4-lmprovement Program Fund No. 3541 to and appropriating in the Stormwater 2006 Capital Improvement Program Fund No. 3492 for projects related to the improvements and extensions to the Water, Stormwater, and Wastewater systems; amending FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $12,000,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Scott was absent 14. MOTION NO. 2006-217 Motion authorizing the City Manager or his designee to execute Change Order NO.3 to the construction contract with T & C Construction Company Ltd. of Houston, Texas in the amount of $313,278.06 for a total restated fee of $5,945,698,06, for the Downtown Drainage Improvements Phase 1 Project B - New Kinney Street Pump Station. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Marez, and Noyola, voting "Aye"; Scott was absent. Minutes - Regular Council Meeting July 18, 2006 - Page 6 15. MOTION NO. 2006-218 Motion authorizing the City Manager or his designee to execute Amendment NO.5 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas in the amount of $120,700 for a total re-stated fee of $780,300 for the Oso Water Reclamation Plant Structural/Process Improvements (Clarifier Bridges/Aeration Basin/Fine Bubble Diffuser) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Scott was absent. 16. MOTION NO 2006-219 Motion authorizing the City Manager or his designee to execute Change Order NO.1 to the construction contract with S,J. Louis Construction Ltd. of San Antonio, Texas in the amount of $346,583,26 for the Southside Water Transmission Main, Phase 5 project. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Scott was absent. 17. MOTION NO. 2006-220 Motion authoriZing the City Manager or his designee to execute Amendment No.1 to the testing services contract with Tidal Power Services, LLC of Hallettsville, Texas, in the amount of $22,500 for a restated fee of$47, 100 for the O.N. Stevens Water Treatment Plant Alternate Power Supply System Failure Analysis. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, an~tNoyola, voting "Aye"; Scott was absent. 18. MOTION NO. 2006-221 Motion authorizing the City Manager or his designee to execute Change Order No. 1 with Ramos Industries Inc. of Pasadena, Texas in the amount of $77,943 for electrical building modifications, controls/metering modifications for the Rincon Diversion Project - Intake Pump Station, Pipeline, Discharge Structure and Hondo Creek Bridge Replacement Project. The foregomg motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison Marez, and Noyola, voting "Aye"; Scott was absent. 19.a MOTION NO. 2006-222 Motion authorizing the City Manager or his designee to execute Change Order NO.6 with Jalco Inc of Houston, Texas in the amount of $699,833.48 for additional quantities/items, Whalen Drive, the Winnebago Interconnect, and Winnebago Cave-In Repair for the Antelope Street and Salt Flats Area 36"/48" Wastewater Gravity Interceptor Line Project. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia Kelly, Kinnison Marez, and Noyola, voting "Aye"; Scott was absent. Minutes - Regular Council Meeting July 18. 2006 - Page 7 19.b. MOTION NO. 2006-223 Motion authorizing the City Manager or his designee to execute Amendment No. 3 for engineering services with Goldston Engineering, Inc. of Corpus Christi in the amount of $48,880 for project inspection and construction management services for the Antelope Street and Slat Flats Area 36"/48" Wastewater Gravity Interceptor Line Project. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Scott was absent. 20. MOTION NO. 2006-224 Motion authorizing the City Manager or his designee to execute Change Order NO.2 to the construction contract with Reese Contracting, Inc. of Corpus Christi, Texas in the amount of $154,693 for the Leopard Street Roadside Safety Improvements, Phase 1. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Scott was absent. 21. MOTION NO. 2006-225 Motion approving the application from The American Bank Center, in association with Special Olympics Texas, to temporarily close the following street section for the Texas Bayball Ballyhoop Tournament and to waive any and all fees associated with the penn it request and traffic control: The northernmost end of Shoreline Boulevard, directly east of the Convention Center, beginning at the intersection of Fitzgerald Street and Shoreline Boulevard northward, beginning at 6:00 a.m., Tlwrsday, July 27,2006 until 6:00 a.m., Monday, July 31, 2006. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Scott was absent. 22. ORDINANCE NO. 026879 Ordinance amending Ordinance 026727, abandoning and vacating a 4,387.50-square foot portion, of a 15-foot wide utility easement out of Lots 8-10, and Lots 16-18, Block 191, Padre Island NO.1 Subdivision, to correct the legal description of the abandoned and vacated easement to Lots 8-10, and Lots 16-18, Block 191, Padres Island-Corpus Christi Section 4; subject to compliance with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye": Scott was absent. Mayor Garrett opened discussion on Item 11 regarding beach cleaning and maintenance on North Padre and Mustang Islands. Mr. Johnny French, 4417 Carlton Street, spoke in favor of the city's application for funding to clean and maintain the beach, but stated that the beach grooming was unauthorized because the city had not secured a permit from the Corps of Engineers. He stated that the city should push the material to the west, or face possible sanctions from the Corps. City Manager Noe replied that staff was in regular contact with the Corps of Engineers and Minutes- Regular Council Meeting July 18, 2006 - Page 8 the General land Office regarding this issue. He said the city, the regulatory agencies, and Mr. French often did not share the same views City Secretary Chapa polled the Council for their votes as follows 11. RESOLUTION NO. 026874 Resolution authorizing the City Manager or his designee to execute all necessary documents for continued financial assistance for beach cleaning and maintenance on North Padre and Mustang Islands during FY 2006-2007 under the Texas General land Office's Cleaning and Maintenance Assistance Program The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly Kinnison, Marez, and Noyola, voting "Aye"; Scott was absent ~ ~ .~ .~ * * * ~. ~* * * * Mayor Garrett opened discussion on Item 26, the first reading of the Proposed FY 2005-06 budget adoption ordinance Assistant City Manager Oscar Martinez stated that at the public hearing last week, the Council directed staff to move $262,330 in debt for the Columbus Ships from the Hotel Occupancy Tax Fund to the 2010 General Obligation Debt fund. He said that staff had incorporated this change in today's proposed ordinance, but noted that no other changes were made. He pointed out that a number of revenue and fee adjustment ordinances would follow the budget adoption ordinance: he said these fee adjustment ordinances were included in the budget at this time Mr. Kinnison expressed concern about the utility rate increases in the budget. He asked Mr. Martinez for suggestions on how the city could determine what was driving the rate increases, and hOW to decrease the rates if desired. Mr. Martinez replied that the proposed utility rate increases in this year's budget were driven by the city's aggressive Capital Improvement Program. In August, Mr. Martinez stated that staff hoped to present the CIP program for Council consideration, including a prioritized list of anticipated projects. In addition, he said staff would review the utility rate model to determine whether any adjustments were possible based on the expected costs or timing of the proposed improvements. Finally, Mr Martinez said staff wished to review the entire capital budgeting system to ensure that the utility rate model was effectively capturing true costs and that the rates relate to those types of capital costs. Mr. Noe agreed that the city's options in dealing with utility rates were linked to the CIP and the utility rate model, and the time to address these issues was during the CIP budget adoption. If past numbers hold true, he said there was approximately a one percent increase associated with every ten million dollars worth of capital improvements. Thus, he said that by reducing its capital program, the city could provide commensurate relief to customers. In addition, he said the city's ongoing rate study in the Water department would lead to a discussion about the rate structure. He said a similar study would probably be commissioned for the Gas department. Mr. Noe also pointed out a third option related to how the city handled utilities infrastructure for bond projects. He said the city's current practice was to pay for the full cost of utilities infrastructure through the utilities fund, as opposed to having the property taxpayers pay a share. Finally, Mr. Noe stated that a fourth option would be to increase the city's economic growth, which would create more revenues and result in less of a burden on the taxpayers Mr. Kinnison asked for the timeline on the water rate study. Assistant City Manager Ron Massey replied staff planned to meet with the consultant in the next week or two to discuss their analysis of the expenses, the various rate categories, and any policy implications. He said he hoped '~ Minutes - Regular Council Meeting July 18. 2006 - Page 9 to have the study results in time to coincide with the CIP budget consideration in August or September Mr. Kinnison suggested that the city engage a third party review of the rate model. He asked City Manager Noe to develop a timeline for discussions on the city's options regarding utility rates. He asked if the city could still change the utility rates even after adopting the operating budget today. City Manager Noe replied affirmatively, saying that the Council could change the utility rates at any time Mr. Noyola asked how much growth the city had seen in the utility fund over the last four to five years. Mr. Martinez replied that the combined growth rate for the water, wastewater, and gas departments was four to five percent (customer rate). He pointed out, however, that the gas fund's customer base had actually decreased slightly over time. In response to Mr. Noyola's question, City Manager Noe stated that the growth in the utility fund was insufficient to negate utility rate increases. Mr Noyola asked if the city planned any improvements in older residential neighborhoods. Mr. Martinez replied that staff was compiling a project list now for the CIP to identify projects, and would provide Mr. Noyola a copy when it was available. Mr. Noyola stated that a number of constituents had complained that their utility rates were increasing to fund capital projects, but none of the improvements seemed to be in their neighborhoods. Assistant City Manager Martinez replied that the ongoing water rate study would look at the classification of customers to ensure that they were paying their fair share of the costs. He said the utility rate model discussion and the anticipated gas rate study would also analyze the costs. Mr Marez asked about the beginning and end of fiscal years in other cities. City Manager Noe replied that a common fiscal year began October 1 because it matched the federal cycle; and because it allowed cities to set their property tax rate based on actual data as opposed to estimating. He said setting the fiscal year was a local decision. Mr. Marez spoke in favor of changing the city's fiscal year to begin October 1 ptimarily because of the property tax rate issue. He asked how quickly it could be done. City Manager Noe replied that it would require some planning, requiring either having a two-month budget or a 14-month budget during the transition, but it was possible. He said he would provide a report on possible options. Mr. Marez also pointed out that new Council members elected in April would be able to have more of an impact on the budget process if the fiscal year began in October. Mayor Garrett and Mr. Noyola spoke in favor of Mr. Marez's proposal. In response to Mr. Kinnison's question, Mr. Martinez replied that the city would receive the certified tax roll from the Nueces County Tax Appraisal District on July 25. He said the overall estimate was in line, and the estimate for new growth was holding firm. City Manager Noe stated that as the system became more complicated, however, it became more difficult for staff and the Nueces County Appraisal District to provide accurate estimates. Mr Garcia and Mr. Kinnison asked for more information on internal auditors in other cities. City Manager Noe replied that staff would provide a report in September or October. He noted that to have the internal auditor report directly to the City Council would require a city charter amendment. Mayor Garrett asked for a report on the number of vacant positions in the city and how long they had been vacant. He also asked questions regarding the number of vacancies in Police and Fire Mayor Garrett called for public comment. Mr. J.E. O'Brien, 4130 Pompano, spoke in favor of Minutes - Regular Council Meeting July 18, 2006 - Page 10 reinstating the internal auditor position, and against utility rate increases. Mr. Bill Kopecky, 3609 Topeka. spoke in favor of an independent internal auditor, and suggested holding a charter amendment election in April 2007 regarding this issue. City Secretary Chapa polled the Council for their votes as follows: 26. FIRST READING ORDINANCE Adopting the City at Corpus Christi Budget for the ensuring Fiscal Year beginning August 1, 2006; to be filed with the County Clerk; appropriating monies as provided in the budget; and providing for severance The foregoing ordinance was passed and approved on its first reading as follows: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". . * * * * * * * * * * * ~ Mayor Garrett recognized Mr. Kelly, who stated that he had just now received a resume from Mr. Tom Criser for the Convention and Visitors Bureau (CVB) Board. He made a motion to reconsider the Council's at-large appointments to the CVB Board to consider Mr. Criser's appointment, seconded by Mr. Kinnison The motion failed. . F * * * * * * ~ * * * * Mayor Garrett referred to the presentations on the day's agenda. Director of Human REEources Cynthia Garcia reported on Item 23, a third quarter report of the Health Benefits/Risk Management fund. Ms. Garcia referred to a graph illustrating the number of claims filed by plan. She said the average number of claims filed in the third quarter was 6,341, which was practically identical to last year's average of 6,343. . Ms. Garcia referred to another graph depicting the dollars paid by plan including prescriptions. She said the average cost per month in the third quarter was $1.895 million, a $425,000 increase over the average monthly cost for the same period last year. Specifically, she said that Citicare's cost between August and April 2006 rose by 18.59 percent while the Fire plan's costs increased by 7663 percent over the same period. Ms. Garcia referred to a graph showing the average cost per claim for the quarter, which was $299 compared with last year's third quarter claim cost of $234. Mr. Garcia referred to a chart providing a third quarter (August - April) comparison between Citicare, Fire, Police, Citicare Basic, and Pharmacy plan costs. She said Citicare Police increased by 6.96 percent; Citicare Basic - 78 percent; and Pharmacy - 13.87 percent. Since the rising trend line was disturbing, she said the city was presently evaluating a proposal for professional services to determine the feasibility of implementing a health saving account, together with high deductible health plans, as defined In the IRS regulations. She said the plans were designed to provide employees with pre-tax dollars to pay for deductibles, medical expenses and, upon retirement, for retirement premiums. She said staff 1N0uld bring a proposal for the Council's consideration in late September or early October. Mr. Kinnison expressed concern about the rising trends. In response to Mr. Kinnison's question, Ms. Garcia replied that the citys actuaries had not reviewed the third quarter numbers yet, but they had predicted that the Fire and Citicare plan costs would increase. She added that staff had also spoken with HUl11ana ias! quarter to implement changes to next year's plan to curtail the Minutes - Regular Council Meeting July 18, 2006 - Page 11 "bleeding" She noted, however, that the city was still within budget because the actuarial recommendations had been relatively accurate. Mr. Kinnison asked staff to keep a close eye on the fund so changes could be made, if needed, as soon as possible. Ms. Garcia discussed the Workers' Compensation and liabilities fund. She referred to a graph comparing incurred costs vs. paid costs for August through April. She said there were 731 claims during the first nine months of the fiscal year, nine less than last year, but pointed out that the incurred cost was $1,228,906 compared to $757,833 last year. She said the amount paid on the claims through April 2006 was $656,521 Ms. Garcia referred to a graph illustrating the year to date claims count comparison by department for the period ended April 30. She said the Police, Fire, and the All Other categories have lower claims numbers compared to last year. However, she said the combined incurred costs in these categories were $275,358. She said Solid Waste, Streets, Water, Wastewater, and Gas had higher claims numbers and higher incurred costs, with a combined increase of $293,278. Ms. Garcia referred to a graph depicting the year to date claim count by type of injury. She said contusions were down 92 to 76, but strains and sprains were increased by 15. Ms. Garcia discussed the general liability claims. She referred to a graph depicting the liability claims count by department for the period ending April 30. She said claims were down compared to last year, from 576 to 500; however, the incurred cost amount rose from $630,000 to $651,900 for the same period. Ms. Garcia referred to a graph illustrating the dollars paid in current year for previous years' c1ajms. She also pointed out a graph depicting all types of claims for the period ended April 30. She said all categories were down except for water and wastewater claims, which rose by 27 percent. She vehicle damages, the city's largest claim type, continued to fall from 327 in 2004, to 291 in 2005, and to 264 in 2006. Mr. Noyola asked if the Health Benefits division had any employees who were experienced, licensed insurance agents. Ms. Garcia answered that Health Benefits had customer service representatives with insurance experience, but they were not licensed. Mr. Noyola stated that the city should hire Health Benefits employees who were licensed so that they could make recommendations to city employees during open enrollment. Ms. Garcia replied that staff did not make recommendations; they tried to educate employees about the plans to allow them to make the choice. Mr. Noyola stated that he understood employees were signing up and paying for benefits that they didn't need. City Manager Noe replied that the city tried to limit the number of add-on insurance programs to make this less likely to happen. Ms. Garcia added that this year, staff did not allow insurance agents to make presentations to city employees; rather, staff complied and distributed the information Mr. Garcia agreed with Mr. Noyola's suggestion to provide more assistance to city employees with their insurance elections, especially retirees on fixed incomes. * ~ * * * * * * * * * * * Mayor Garrett opened discussion on Item 24 regarding the classification and compensation plan. City Manager Noe explained that the ordinance was a "housekeeping" item prepared every year that incorporated all the adjustments made in the annual budget. Director of Human Resources Cynthia Garcia stated that this year, the ordinance included two changes related to holiday leave and sick leave. Regarding holiday leave, she said staff recommended that the Council adopt a provision to prohibit employees on leave without pay to receive pay for a holiday occurring during their leave. Regarding sick leave, she said staff was recommending that employees on unscheduled leave the day before, the day of, or the day after a city-designated holiday be required Minutes - Regular Council Meeting July 18, 2006 - Page 12 to bring a note from a medical provider to use sick leave for those days. In response to Mr. Kinnison's question, Ms. Garcia stated that the proposed revisions to Chapter 39 of the city code were TMRS provisions that were adopted some time ago and needed to be incorporated into the city's policy Mr. Kelly noted that in the FY 2006-07 budget, the city had not included any funding for the Camp Study; he asked if the city had reached its goal of 100 percent of market for all employees. City Manager Noe replied that the city did not have sufficient funding to incorporate the last phase of the Comp Study He said if the city wanted to adopt the effective tax rate, and not gamer the additional revenue from the higher values, then the city needed to save money. He said the proposed budget did include more aggressive provisions for merit pay programs. Mr. Kelly asked how far the city was from reaching its goal. Ms. Garcia replied that depending on the plan and the cost of inflation, the city was at approximately at 90 to 95 percent of market. She said that because the city had not adjusted its ranges while other cities had, the city's plan was slipping. Mr. Kelly asked how much money the city would need to provide a three percent raise across the board. Mr. Martinez replied the city would need approximately $2 million. Ms. Garcia pointed out that the city was continuing with Its skill-based program for labor-intensive positions, adding two departments a year There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 24. FIRST READING ORDINANCE Amending the Code of Ordinances by revising Section 39-300 Policy; revising Section 39- 303, Standard Classifications, Pay Plans, Pay Grades, and Ranges, as amended; revising Section 39-308 Temporary Employees; revising Section 39-312 Retirees Participation in the City's Group Health Insurance Prograffi' 'at Group Rates; revising Section 39-318 Discretionary Payment for Involuntary Termination; revising Section 39-324 Holidays; revising Section 39-333 Plan I Personal Leave; revising Section 39-334 Plan I Bereavement Leave; revising Section 39-337 Plan I Use of Sick Leave; revising Section 39-338 Plan I Use of Personal Leave and Vacation in lieu of Sick Leave; revising Section 39-339 Plan I Payment of Sick Leave Upon Termination; revising Section 39-348 Plan II Payment of Vacation Leave Upon Termination; revising Section 39-349 Plan II Personal Leave for Plan II Employees; revising Section 39-352 Plan II Use of Sick Leave; revising Section 39-353 Plan II Use of Personal Leave and Vacation in lieu of Sick Leave; revising Section 39-355 Plan II Payment of Sick Leave Upon Termination; revising Section 39-360 Leaves with Pay Deemed Beneficial to City Operations; repealing all other ordinances and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for an effective date and providing for severance The foregOing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney. Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absert. ~ * * * * * * * * * * * Mayor Garrett called for a brief recess to present proclamations. , . * * * * * * * * * * * Mayor Garrett called for oetitions from the audience. Mr. Warren Fletcher, 3100 Santa Fe, Minutes - Regular Council Meeting July 18. 2006 - Page 13 spoke regarding a lawsuit he planned to file against the Police department. Mr. Rod Miller with the Art Center of Corpus Christi asked the Council to consider his o~anization's request to increase their Hotel Occupancy Tax funding from $15,000 to $60,000 annually. Mr. J.E. O'Brien, 4130 Pompano, stated that the Taxpayers Association would support a charter amendment to appoint an internal auditor who reported directly to the City Council. He also mentioned issues regarding the Bayfront Plan and the operating budget. Mr. Rolando Garza, speaking as a city employee representative, asked the Council to direct city administrators and superintendents to treat workers and others with dignity and respect. He also asked for an update on the Sunnybrook/Manshiem improvements project. ~ * * * * * * * * * * * * Mayor Garrett announced the executive session, which was listed on the agenda as follows: 27. Executive session under Texas Government Code Section 551.071 regarding In re Tomas Duran, Debtor, Bankruptcy No. 04-21514-C-7, including all related Adversary Proceedings and removed state court action pending as Adversary No. 04-2143-C, City of Corpus Christi v. Entrust, Inc., Tomas Duran, and Duran Insurance Brokerage (formerly Cause No. 04- 3928-G, City of Corpus Christi v. Entrust, Inc. et ai, in the 319th Judicial District Court of Nueces County, Texas), and also regarding' Cause No. C-04-500, Tomas Duran v. City of Corpus Christi, In the United States District Court for the Southern District of Texas, Corpus Christi Division, with possible discussion and action related thereto in open session. The Council went into executive session. _ t ~ * * * * * * * * * * The Council returned from executive session. Mayor Garrett opened discussion on Item 25 regarding a number of fee increases and/or new proposed fees associated with the proposed FY 2006-2007 budget. City Manager Noe pointed out that there was correction needed on Item 25.a. regarding the gas rates, and staff distributed a corrected ordinance for their review. Mr. Chesney made a motion to amend Item 25.a to correct the gas rates, seconded by Mr. Garcia, and passed. Mr. Garcia asked about Item 25.h., a proposed $10 fee for library books. Assistant Director of Management and Budget Eddie Houlihan stated that the library system had a substantial amount of uncollected library fines. He pointed out that the $10 collection fee would only apply to accounts that were unpaid for more than 60 days or totaling $25. He said staff was going to assess the fee on a trial basis to assess its effectiveness. In response to Mr. Garcia's question, Director of Libraries Herb Canales stated that a $25 fee was usually due to a lost item. If an item was lost, the cardholder would pay for the item but would not have to pay any additional late fees. He said the ordinance limited the fine amount to the pnce of the book. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting July 18 2006 - Page 14 25.a. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water, gas and wastewater rates; providing for severance; providing for an effective date; and providing for publication The foregoing ordinance was passed and approved on its first reading as amended with the following vote: Garrett, Chesney. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent 25.b. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 21, Garbage, trash and other refuse, regarding increases to resource recovery fees; providing for penalties; providing for severance; providing an effective date; and providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 25.c. FIRST READING ORDINANCE Revising Sections 23-57 (3)(b), 19-33(b), 19-49(a), 19-54(b), and 19-56, Code of Ordinances, by increasing health department fees relating to pool inspections, food establishment health permits, food manager pennits, and food handler pennits; restructuring fee provisions related to specific food establishment health permits; revising the training requirement and term of food handler permits; revising the tenn of food manager permits; providing for severance: providing for penalties; providing for publication and providing an effective date The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 25.d. FIRST READING ORDINANCE Revising Section 3-42(b), Code of Ordinances, to increase fees for billboard signs; providing for severance; providing for penalties; providing for publication and providing an effective date. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 25.e. FIRST READING ORDINANCE Amending the Code of Ordinances Chapter 3 % Alarm Systems, by repealing the existing Chapter and adopting a new Chapter 3 % Alarm Systems providing for severance; providing for penalties. and providing for publication The foregOing ordinance was passed and approved on its first reading with the following \lote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent Minutes - Regular Council Meeting July 18, 2006 - Page 15 25.f. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 9, Aviation, by creating Sections 9-65 through 9-67 providing for rental uses and rates; rental and user agreements; city owned equipment; providing an effective date; providing for severance; and providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained; Cooper was absent. 25.g. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 9, Aviation, by creating Section 9-64 providing for a federal inspection fee of $2.50 per international flight passenger, assessed to the airline; providing for an effective date; providing for severance; and providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained; Cooper was absent. 25.h. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, Administration, creating a library collection fee of $1 0 to be assessed on any account of $25 or more that is unpaid for 60 days or more, and is referred for collection to a private vendor; providing for an effective date; providing for severance; and providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent 25.i. RESOLUTION NO. 026880 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 2006-2007; providing for publication; providing for effective date; and providing for severance. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and ScoU, voting "Aye"; Cooper was absent. ~ j * * * * * k * * * * * Mayor Garrett called for the City Manager's report. City Manager Noe reported that the folk>wing items were scheduled for consideration during next week's Council meeting: final reading of the budget adoption ordinance; beginning of tax rate adoption process; Automated Meter Reading (AMR) update; and five zoning cases (two controversial). Mayor Garrett asked City Manager Noe if it would be possible to hire a contractor to assist the city with mowing grass on city property. He noted that the recent heavy rains had resulted in Minutes - Regular Council Meeting July 18, 2006 - Page 16 high grass and weeds citywide, and the city was behind in its mowing efforts. City Manager Noe replied that the city did not have funding for additional contracting; however, he said he could provide a status report on staff's efforts, Mr. Scott noted that the Caller-Times featured an article about a woman in the Pope Park area who had taken the initiative to mow the park. He asked the City Manager to commend the individual for her efforts Mayor Garrett called for Council concerns and reports. Mr. Garcia stated that citizens had reported that 18-wheelers were parking in the seawall parking lot during the weekends. He said the 18-wheelers would tear up the parking lot because the lot wasn't engineered to handle their weight. Mr. Garcia said he saw four 18-wheelers parked in the lot last weekend, taking up approximately 60 parking spaces, City Manager Noe said staff would look into the matter. Mr. Scott spoke regarding a concern that he and Mr. Kinnison had regarding TxDOT sigf'lage. City Manager Noe replied that staff was looking into the issue. He said the Governor's Office decided what messages appeared on the signs. He said staff had shared theirconcems with TxDOT and were waiting for a response. Mr. Scott stated that the messages on the signs encouraged individuals to top off their tanks for hurricane season, effectively promoting air pollution and scaring the tourists. He suggested that TxDOT modify their hurricane season messages in Corpus Christi to run primarily when there was an actual storm threat. Mr Kelly reported that the Northwest Business Association had a longstanding wish to have a welcome sign at the city's entry point by the river. He said someone had suggested erecting f1atpoles with large-scale U.S. and Corpus Christi flags in Labonte Park. He asked City Manager Noe to look into the costs. Mr. Noyola asked who was responsible for the signage that greeted visitors coming into the downtown area from IH-37 Assistant City Managef-Massey replied that the signs were provided by the individual organizations and the city mounted them. Mr. Noyola noted that some of the signs were in poor condition. City Manager Noe said staff would look into it. Mr. Noyola asked what was going to happen to the Columbus Ships now that the city was responsible for them, City Manager Noe answered that the Friends of the Museum group was working with an outside consultant to develop a master plan for the museum, including the Incorporation of the Columbus Ships. He said he expected a report on the master plan at the end of the calendar year. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at approximately 1'15 p,rn on July 18, 2006, ~ ~ * * * * * ~ * * * * * ...... 2 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of five (5) defibrillators from Zoll Medical Corporation, Chelmsford, Massachusetts for a total amount of$82,003.90. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H- GAC). The defibrillators will be used by Fire Department. Funds have been budgeted by Fire Department in FY05-06. ****************************************************************************** Purpose These defibrillators will be used to provide a better level of care to the citizens and visitors of Corpus Christi. The defibrillators have the capability to conduct 12-lead heart monitoring which will be transmittcd to the hospital while patients are emoute. These defibrillators are replacements for current equipment being traded IIL The price of each defibrillator is $23,900.78. The selected vendor is affording the City a trade-in allowance of $7,500.00 per unit. Therefore, the total purchase price is the difference of $16,400.78 per unit. Award BasIs: The purchase is made through the cooperative purchasing agreement with Houston-Galveston Area Council of Government (HGAC) HGAC acts a" a purchasing agent for participating members through the Inter-local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. Funding Fire j)epartwent 550040-1020-35100 $82,003.90 acl Barrera. curement & General Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BIO TABULATION M SERI. MEO-PRO PLUS BISHASIC BUYER: PAUL PIERCE ZOLL MEDICAL CORP. CHELMSFORD,MASSACHUSE ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE 1DI1 M Series Med-Pro Plus Biphasic Monitor! 5 EACH $23,900.78 $119,503.90 Qefibritlator, SP02 monitor. Pacing, 12 Lead, Non-InvasIve Blood Pressure monitoring, EtCOL Monitoring, C02 Sensor. Xtreme Pack II Carry Case 2bI1 Base Power Charger, External Defib Paddles, 2 PCMCIA card slots, RS232 data transfer capabilities 1 year warranty and operator's manual Trade-In Allowance LifePak 10 with Pacing and Charger 5 EACH 7,500.00 37,500.00 TIS Award Total $82.003.90 NOTE: The price of each defibrillator is $23,900.78 The selected vendor is affording the City a trade-in allowance c:I $7,500.00 per unit Therefore, the total purchase price is the difference of $16,400.78 per unit. - .- 3 - COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a service agreement with Fidelity Output Solutions, San Antonio, fexas for electronic statement processing services for utility statements and delinquent notices, In accordance with Request for Proposal No. BI-0153-06, for an estimated five year expenditure of$935,455.50, The term of the agreement is for five years with an average annual projected cost of $187,091. 10, Funds have been budgeted by the Utility Business Office Division of the Financial Services Department in FYOSI06 and requested tC)!' FY06/07. ****************************************************************************** Purpose This servIce will provide for the printing, processing and mailing of approximately 107,000 utility statements and delinquency notices, per month, to utility customers of the City of Corpus Christi, Prey 10 us Contract . The ('tty has contracted this service out for the past five years. The current contract will expire this year, requiring the City to so licit new proposals, Request for Proposals: Issued Three Proposals Received. Three Award Basis: Proposals were evaluated across five criteria: I) Forms & Printing, 2) Mailing & Handling, 3) Project Management & Support, 4) References and 5) Cost. The evaluation team comprised of members from the Finance Department, MIS Department Utility Business Office and the Purchasing Division have selected Fidelity Output Solutions (Fidelity) as the most advantageous award. Fidelity is the current contractor for this service and they have provided excellent customer service to the Utility Business Office over the past five years. Fidelity is also the lowest cost provider for this service, Fundmg: Utility Business Office 530000-4010-30010 FY 06-07 $187,092 Funding will be requested through the normal budget process for all suhseq uent years 0 f the contract. '" t) J ._./"/ Michael B rrera ..... Procurement & General Services Manager ......-- 0" C "en f/) Q) () o .... a.. )( 'C 10 ~ C Q) g> E -c ~ 8 ~ en en ~~ _S2 (IJ (t) C E an e Eat) ::J~~ enmw (IJ ..... ~ ~ L. ro .em o- f/) CD ::J ro a."fi 8~ ...... ~ o Q) >->- ~ ::J 00) ~ ---'-r- l{) (/) i N C i 0 -.;::; :J 1 (5 i (f) i OJ c OJ f/) (IJ <D )( rn CD 0 ~ Q.g. (IJ C ...... -- co ~ 0 - : (/) I c I Q ...... I (5 (fJ l{) .- N (j) E Q) If) OJ co co )( c CD co t- Z 0 c 'c 0 ~ 0 c .- <!: ~ '"' c ...... co E (f) ~_.- l{) iff N .... .'"' '-' If) (5 co )( (f) Q) :; t- a. 0 ~ 'c 0 0 ;>. c ...... <!: a> c :Q co LL en (f) C '0 l{) a.. N E ::J E x co :2 ----- OJ C -- ...... .- ct 06 (f) E 0 u.. _..~- -_.-- --~ ---- l{) N - 0 C'f') ~ ....... 0 ~-" en ...- 0 <ri &ri 0 ex) c-; N 0) N ....... M ....... 0 ..... ~ .::; N ~ (0 ....... - ex) N 0 cO ....... ex) ....... &ri N 0) C"') (0 M 0) 0) ~ _.,--~--"-- .::; N 0 N 0 ex) C") 00 en It') (J) &ri m It') v &ri' C"') 0) ~ 0 0 0 ...- C") 0 ... ..... en 0 U E :::J E .~ Q) ~ ..... 0 ..... 0 ftl Q.) en G) E >- Q) (ij G) OJ ... > 0 co ~ u: (f) ..... Q) L. U 0 C 0- Q) U 0- m :J Vi en ...... Q) 0 06 lY 0 -------.-. ---- .-....., -- en N lCl ('~ U) 0 N g' :::: =0 c ro T c ro :? 01:1 21 (' ro 2 Q) 6' Q 4 ...,..... '- COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of six (6) pickup trucks from Philpott Motors, Port Neches Texas for the total amount of$117,151. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (HGAC). These vehicles will be used for the Fire Department and Park & Recreation Department. Funding IS available in the operations budgets of the respective departments for FY05/06. All items are replacements to the fleet. ************************************************************************ Purpose' f'hree vehicles will be purchased for the Fire Department. They will be used by administrative staff in carrying out their day to day duties, The remaining three vehicles will be purchased for Park & Recreation for personnel working within the Special Events t)perations, the Tourist District and the Lifeguard/First Response Division of the department. All vehicles are replacement units. BasiS of Award The vehicles are purchased through the cooperative purchasing agreement with HGAC HGAC acts as a purchasing agent for participating members through the Inter-local Cooperation Act and abides by all Texas statutes regarding competitive bidding I c'quirements Service, support and warranty will be provided by the local Ford Dealers in Corpus Christ~ Texas. Funding fIre Department 550020-1020-12010 Park & Recreation Department 550020-1020-12930 550020-1020-12915 550020-1020-12070 $51,470 18,745 23,947 22.989 Total: $117,151 ,,/ /--- Michael Barrera I Procurement & General Services Manager 7/25/2006 2007 Ford Explorer 2007 Ford Ranger- Super Cab 2007 Ford F250, Extended cab 2007 Ford F250, Crew cab with service body 2007 Ford F350, 4X4 crew cab ---...' .- City of Corpus Christi Purchasing Division Price Sheet Qty Unit HGAC Bid No. VE03-06 Philpott Motors Port Neches, TX Total 1 each 2 each 1 each 1 each 1 each Award Total Unit Price $14,533 $22,404 29,066 18,745 23,947 22,989 $117,151 5 ...... ..,.- COUN(:IL MEMORANDUM RECOMMENDATION: MotllJn approvmg the purchase of emergency generator cabling and accessorie, from Grayhar Electric. Corpus Christi, Texas for the total amount of $89,7831 ~ lhe award is based on the cooperative purchasing agreement with US C'ommullitles. Ihe cable IS purchased f()l the Wastewater Department. Funding is available in the operati\ll1 budget of the \Vastewater Department for FY05/06. *****~ *********** ********** ******************** ********************* Purpose Ihe (it) 01 (\lrpus Christl Wastewater Department operates six treatment plants and numerous lin (pump) stations throughout the \It) Some 01 these facilities are currently equipped with diesel ,'ngine driven emergency power generators. Emergency power i'eneration requirements for eighteen additional critical wastewater lacilities have heen identified as part of this year's increased level \ r prt'parati(ll1 I'his item \\ill pw\'ide for the cabling necessary to c'lnnect temporary generators to existing facility power ( istributi,)f1 pands in th\..' event of long term power outage. Basis of Award 1 he cabling is purchased under the US Communities Government Purchasing Alliance. contract number 41902 with Graybar I lectne. Purchases made under the US Communities Government J'urchasing Alliance satisfy all competiti\(' hidding requirements. FundH1f! \\' astcwater Department "' ~O lJO-4200-\ L~ I 0 $89.783.15 chad Barrera rocurement & (icneral Services Manag,er City of Corpus Christi Purchasing Division Price Sheet 7/25/2806 US Communities Contract No. 41902 Qty Unit 3 conductor 500MCM cable with ground, 3 conductor 2/0 cable with ground, 3 conductor 4/0 cable with ground, 3 conductor #4 cable with ground, terminating fittings luqs and accessories lot Award Total Graybar Electric Corpus Christi, Texas Unit Price Total 89,783.15 89,783.15 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Julv 25. 2006 AGENDA ITEM: A. Resolution authorizing the City Manager, or the City Manager's designee, to accept a gr.,t from the Texas Department of State Health Services amount of $14,000 in the No. 1017 Federal/State Grant Fund to be used for the Coordinated Community Approach to Promote Wellness (CCAPWell) to develop a strategic plan to combat Obesity in our community. B. Ordinance appropriating a grant from the Texas Department of State Health Services in the amount of $14,000 in the No. 1067 Federal/State Grants Fund for the Coordinated Community Approach to Promote Wellness (CCAPWell) IsalE: The City of Corpus Christi has been awarded a $14,000 grant from the Texas Department of State Health Services. 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 oomplete the City and the plan will be a model that will be implemented in other cities throughout the state. RBQUlRED COUNCil ACTION: Council actio";~is required to authorize the City Manager or his designee to accept and appropriate these funds. FUNDING: Texas Department of State Health Services CONQ..USION AND RECOMMENDATION: Staff recommends approval of the resolution and ordinance. Attachment: Background Infonnation BACKGROUND INFORMATION In 2800, the Surgeon General addressed the issues of the increasing number of persons, of atI 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 wetness (CCAPWell). The overall purpose of this initial meeting was to obtain infoft'nation 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 CCAPWell In fall of 2002, the CCAPWell 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, II and used them as models to develop goals, objectives and actions plans for CCAPWell in the Coastal Bend. The City of Corpus Christi Park and Recreation Department is an active member of this coaltion in an effort to expand its effort in promoting wellness as part of the recreation programs, In January 2003, the Texas Department of State Health Services 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 colTlllunity 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 - ,~. . CONTRACT FOR PUBLIC HEALTH SERVICES Contract Issued by: (RECEIVING AGENCY) DEPARTMENT OF STATE HEALTH SERVICES 1100 WEST 49TH STREET AUSTIN, TEXAS 78756-3199 DSHS DOCUMENT NO. 746000574lB2007 VW Legal AuthGrity to Contract: Charter] 2. Health and Safety Code Venue: The proVIsions of this COlltract shall be IIlterpreted In accordance with Texas law. Venue for any court disputes shall be in Travis County, Texas. PERFORMING AGENCY NAME: CITY OF CORPUS CHRISTI PARK AND RECREATION DEPT MAILrNG ADDRESS: PO BOX nn CORPUS CHRISTI TX 78469-9277 STREET ADDRESS: 1201 LEOPARD 51' CORPUS CHRISTI TX 78401-2120 NAME OF A.UTIIORIZED CONTRACTING ENTITY: (If different fro.. PERFORMING AGENCY. PA YEE DAtA (If not the same as PERFORMING AGENCY or AUTHORIZED CONTRACTING ENTITY; must be on file with the Texas State Comptroller's Office.): NAME: CITY OF CORPUS CHRISTI PARK AND RECREATION DEPT ADDRESS: PO BOX 9277 CORPUS CHRISTI TX 78469-9277 (City. State, Zip) State of TeQlS Vendor Identification No. (14 digits) 17460005741'028 PAYEE AGENCY Fiscal Year Ending Month: December PAYEE B S INFORMA nON FOR 81' A TISTICAL REPORTING: Please check the categories that apply to your business. Small Business - A corporation, sole proprietorslup, or other legal entity formed for the purpose of making a profit which is mdependently owned and operated and has fewer than 100 employees or has less than $1,000,000 in annual gross receipts. Historically Underutilized Business (HUB) - A corporation, sole proprietorship, or joint venture formed for the purpose of making a profit in which at least 51 % of all classes of the shares of stock or other equitable securities are owned by one or more persons who have been historically underutilized (socially disadvantaged) because of their identification as members of certain groups: Black American, Hispanic American. Asian Pacific American. Native American, and Women The HUB must be certified by Texas Building and Procurement Commission or another enlity For Prorit OrganIzation SUMMAR Y OF CONTRACT DOCUMENT A TION. COVER PAGE I - Receiving and Performing Agency Data COVER PAGE 2 - Details of Attachment(s) COVER PAGE 3 - Authorized Signatures GENERAL PROVISIONS - 6/2004 A IT ACHMENT(S) EXHIBITS, fF APPLICABLE Cover Page 1 ~._'.... i)ETAILS OF ATTACHMENTS _~~ D~~~~. ,;~::::,:~I I__~m_:-__t. __ Financial Assistance No. Order Number I Begin I End I Source of Amount ~ ,-I =~;:;~~ j;6/;;;/~j O~29/~71932::n~ '-~;,~oo -------- ----- ---.- ---- DSHS Document No.746000574I B2007 Totals $ 14,000.00 Direct Assistance 0.00 $ 0.00 Total Amount (DSHS Share) 14,000.00 $ 14,000.00 *Federal funds are mdicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. REFER TO BUDGET SECfION Of ANY ZERO -\MOUNT ATl ACHMENT FOR DETAILS ('over Page 2 Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A $14,000 GRANT FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1067 FEDERAUSTATE GRANT FUND TO BE USED FOR THE COORDINATED COMMUNITY APPROACH TO PROMOTE WELLNESS (CCAPWell) TO 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 $14,000 grant from the Texas Department of State Health Services in the NO.1 067 Federal/State Grant Fund to be used for the Coordinated Community Approach to Promote Wellness (CCAPWell) to 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: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor ~: July 12. 2006 _ Doyfe Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney 1:IlEG-DIR\OlgaR\Doyle\Resolu tlOnI06.0711 DC CCAPWell )besitv Grant Res:)1 j) ........... '- Page 2 of 2 Corpus Christi, Texas ___ day of _____~________, 2006 The above resolution was passed by the following vote: Henry Garrett _________ _ Brent Chesney __ ___ Moody Cooper ______ __ ___ ___ Jerry Garcia __H_________ William Kelly _____ Rex A. Kinnison John E Marez Jesse Noyola Mark Scott ILEGDIRIOlgaR\Do"'eIResDlu IIonl06 0711 Dr:: CCAPW"IIObes1IyG- anI Rp,Oi doc ~ Page 1 of 2 ORDINANCE APPROPRIATING A $14,000 GRANT FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1067 FEDERAUST A TE GRANTS FUND FOR THE COORDINATED COMMUNITY APPROACH TO PROMOTE WELLNESS (CCAPWell) TO 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 $14,000 grant from the Texas Department of State Health Services is appropriated in the No.1 067 Federal/State Grants Fund for the Coordinated Community Approach to Promote Wellness (CCAPWell) to 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 ,2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary ,Henry Garrett Mayor oyte D Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney I\LE(;-D!R\OI'~3F' Doyte\Ordjna~o' ':6 0;0 11 DC APWell'ibeslt\, Appr(}p Orj (Jr, Page 2 of 2 Corpus Christi, Texas . .___.._ day of .2006. 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 ofthe City Council. Respectfully, Respectfu lIy, 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 Mart< Scott \l f; DIR\IJlgaR\Doyle\Ordw,ar,:eI06 71 D( CAPWe'l Obes'ty Ap,r"p .......'. ,,-, 7 .........-- CITY COUNCIL AGENDA MEMORANDUM IS8UE: Council Member John Marez is ineligible to receive Council salary due to his employment with the State of Texas. He requested an opinion from the City's Legal department to deternune if these funds could be used by non-profit organizations. The Legal department has determined that it is an appropriate use of these funds as long as a pu bhc need is being met. Council Member Marez has selected the following .+ non-profit organizations to receive these funds: · Communities 111 Schools, Inc. · Alcorta's Folklorico Diamante, Ine. · Corpus Christi Safeplace House, Inc. dba The Wehholz House · Corpus Chnsti Sister City Program AQElQ>A ITEM: a. Motion to authorize City Manager or his designee to execute an agreement in amount of$l ,333 with Communities in Schools, Inc. for support of youth mentoring programs; b. Motion to authonze City Manager or his designee to execute an agreement in amount of $500 with Alcorta's Folklorico Diamante, Inc. for support of arts educatlOl1 activities; L Motion to authorIze City Manager or his designee to execute an agreement in amount of $1 .333 with Corpus Christi Safeplace House, Inc. dba The Wenholz House for support of housing and addiction rehabilitation programs; and d Motion authorizing transfer of $1,333 from City Council organization to Sister City program organization within General Fund for support of Sister City program. FUBDING: FY 2006-2007 City Council organization. Salary funding allocation for Council Member ,John Marez from August 1, 2006 through April 30, 2007. Funds will be provided on reimbursement basis. COJrCLUSION AND RECOMMENDATION: Approval of the motions presented. ~o- L\rm(~tld() Chapa. City Secretary .........- 8 - CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 25,2006 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to execute an addendum to the current lease with Durrill Properties for the facility space to operate the Juvenile Assessment Center, for three additional years, in the annual amount of $33,664.20, which has been budgeted in the 2006-2007 budget of the Corpus Christi Crime Control and Prevention District. 8 Motion authorizing the City Manager of his designee to execute an addendum to the current lease with Durrill Properties for the facility space to operate the Juvenile Municipal Court, in the annual amount of $32,239.20, for three additional years, which has been budgeted in the 2006-2007 budget of the Corpus Christi Municipal Court. ISSUE: The Juvenile Assessment Center's lease for space rental expires on 7/31/06. The renewal of this lease is needed so that at-risk youth and families of this community may continue to be served. Risk assessments, crisis intervention and comprehensive case management all occur in the space which has been leased for the Juvenile Assessment Center, and these activities have reduced delinquency in this community. The Juvenile Municipal Court's lease for space rental expires on 8/31/00. located adjacent to the Juvenile Assessment Center, enhances toe coordination of services for youth and families. This lease of space by the Court will allow juvenile cases to be heard in their own court by staff specializing in juvenile cases. REQUIRED COUNCil ACTION: Council action is required to authorize leases. PREVIOUS COUNCil ACTION: Council approved the previous leases for the Juvenile Assessment Center and Juvenile Municipal Court CONCLUSION AND RECOMMENDA liON: Staff recommends that the Council approve the motions to approve both the Juvenile Assessment Center and Juvenile Municipal Court addendums to current leases with Durrill Properties as presented. /) f l,,: ,; Hon. Judge dolto Tamez Municipal Court 7 // 4:.~:'ii;e~S;'~1~Ult Ce~ltef Addendwn to Juvenile Municipal Court lease ....' - /\DIlENDUM 'TO LEASE 1226 Fntuprise Pk" y, Suite t 03, Corpus Christi, Texas] This Addendum to Lease is made this 25th day July, 2006 between Old Lipan, Ud. as Landlord. and City of Corpus Christi as Tenant of Landlord's property located at 226 h1terprise Parkway, Suitt' 10'-. Corpus Christl, Tcxas which Tenant operates as Corpu, ('hristi M llniup,d ,hI \ t'lll It: ( (lurt rhl parties agree 1(1 amend the current lease betwe\.'!1 the partlc> as t~) 10\\, 1. Landlord and Il'lla!l! hcreb, agrl'C to an t'xtension or current lease executed on Septemb\.'J 1. 200~ Said lease w lll':'\knd fc)!' ~ (three) years, l'\lmmencing on August 1, 2006,tndexplrln~'()n lul,~] l()ll() J Rellt is in th\~ amount llf $2,686.60 per month for;6 months 3. I ,andl\ \f-d agrel" t\' impnl\ I,' crUll1' s space at Suite 103 b: September 30, 2006 as fall 0\\ ' a) (lean PI rep'ace url'cL h) switch Sides of ,:Ioset door so it opens from other side: l replace l.'\!SI ng duO! kl!lJIJ' 1I1 men's and \\omcn's I'l.'strooms with accessible door kvcrs or II lOP h(lmlk's 4. All other lenns and c()nditions 01 (\f'iginal kase regarding property at 226 Enterprise, Parkway Suite 1 fn (orpus ('hrisli. 1\:\((1S remain the same and in full effect. 5. ThiS .\ddcndulll tah.e:., effcd upon d,llc of last signature. Agreed to b) Landh;rd \ )Z\"' l:~l"'n It Byur Jlhc""-'- Willj{lm R DHff' , II' Title: Date: I CHant - City of Corpus Christi By Cieorgc K. Noc. City Manager Jitle Dale A.DDENDUM TO LEASE 1226 Entl'rprise Pkwy, Suite 104, Corpus Christi, Texas) Ihis Addendum to Lease is made this 25th day July, 2006 between Old Lipan, Ltd. as landlord. and Cit) of Corpus Christi as Tenant regarding Landlord's property located at 226 "nterprist' Parkway, Suite I 1i4, Corpus Christi, Texas which Tenant operates as Corpus Christi \1unicipal Juvenile Assessment Center. Ihe parties agree to amend the current lease between the parties (1" rollow~ I,andlord and Tenant hen'by agree hI <In extension ur current lease executed on September 1, )003. Said lease willl'xknd for :1 (three) \ cars, commencing on August 1, 2006 and expiring on I Illy 31. 2i)(ll) Rent I" in the amount ur "12,805.35 per munth fur 36 months. ~. I,andlord agrees to Impro\ c Tenant' s space at Sui1\.' 104 by September 30, 2006 as follows: (I) Replacl' l'\lsting door knutt on first Il1krior door to Juvenile Assessment Center with a door k'ver or 1001' handle. hI Modif) existing unisex bathroom by replacing existing lavatory and base with an accessible wall mounted lavatory or pedestal for 5-tt maneuvering space. Lavatory rim should be no higher limn 34" from ground. with at least 29" fm!l1 any pipes, and have paddle type faucet handles. c) Modif) ex isting unisex bathroom by reusing toilet seat to 17- I 9 inches. d} Regardinl:!- existing sign fur corner designated parking space near Suite I 12, raise sign on pole b) one foot tu 60 inches from ground at sign's centerline for compliance. c} lnstall "Van Accessible" ~lgn on either corner parking space at Suite 1 12 or Suite 101. n Install an accessible parkl1lg space sign 60 inches..Jrom ground (sign's centerline) or replace the sign tur the corner spac\.' in 1ront of Suite I 12 with a sign with arrows identifying that the sIgn is for buth parking spaces by SUIte] I:' g) Regarding existing parking space with curb ramp in front of Suite 101, mount sign 60 inches from ground (sign's centerline) ami stripe';' It access aisle. 4 .\il other terms and conditions \)f origlI1al lease regarding property at 226 Enterprise, Parkway, SUIte 104 Curpus Christi. Texas remain the same and ill full effect. rhis Addendum takes effect upon date 01 last signatun~. ;\ greed to b) I an. dlord \ R~~:.iPa.ll' .Ltd. \... "'-.' _. B). _L~)J'J_\ ~~-_. u..' )... \\/illianrR-+~Jr. I ille: Date: I'enat City of ('orpus Christi By (ieorge K. Nol'. City l\ilanager I)ak: ,.... ... ....... 9 AGENDA MEMORANDUM City Council Action Date: July 25, 2006 SUBJECT: Furman Avenue Development /Spohn Shoreline Hospital Sanitary Sewer (Project No. 7354) A'ENDA ITEM: 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 $535,322 for the Furman Avenue Development ISpohn Shoreline Hospital Sanitary Sewer for the total base bid ISSUE: The project was initiated when a developer approached the City about his proposed construction of the Bay Area Apartment complex at the intersection of South Carancahua Street and Furman Avenue. The existing 8" vitrified clay pipe (VCP) sanitary sewer along Carancahua does not have adequate capacity to carry the additional wastewater for the development. Moreover, when this aged line was televised, it became clear that it was in very poor condition and needed immediate attention. Installation of a new 12" gravity line along Caranchua Street and Furman Avenue will alleviate the situation as it will discharge into 24" trunk main which runs parallel to the Carancahua Street gravity line FlfJDING: Funds for thIS project are available through a Reimbursement Resolution (No. 02e868) approved by the City Council on July 11 2006. RecOMMENDATION: Staff recommends approval of the motion as presented. ~~~~~O~ Foster Crowell Director of Wastewater Services fzI? ~~ ?JI~6' ~ R. Escobar, P.E. irector of Engineering Services AdlIitional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exnibit "C" Project Budget Exhibit "0" Location Map \110ME\Rachf'iie\GFN\Waslewater', '.~54 .~'urrn::' <,Const'-.!ct,(H~'A':)enu,~ r-.r1~'n'J dcc BACKGROUND INFORMATION SUBJECT: Furman Avenue Development ISpohn Shoreline Hospital Sanitary Sewer (Project No. 7354) PROJECT DESCRIPTION: The project consists of installing approximately 38 LF of 8" pve wastewater gravity line. approximately 8 LF of 10" PVC gravity sanitary sewer line, approximately 1,509 LF of new 12" PVC wastewater gravity line, approximately 20 LF of 24" PVC wastewater gravity line along with six 5'-diameter fiberglass manholes, one 4'- diameter fiberglass manhole 20 deep-cut service lateral connections; by-pass pumping; asphalt pavement repairs and temporary traffic control; in accordance with the plans, specifications and contract documents IDgINFORMATION: The City received proposals from four bidders on July 12, 2006 (see Exhibit "B" Bid Tabulation). The engineer's estimated construction cost is $605,244. The bid$ ranged from $535,322.00 to $967,854.00 The consultant (Maverick-Engineering Inc.) and City staff recommend that the construction contract be awarded in the amount of $535,322.00 to King-Isles Inc of Corpus Christi for the total base bid. ~TRACT TERMS: The contract specifies that the project will be completed in 120 calendar days with completion anticipated by February 2007 PRt)JECT BACKGROUND: The project was initiated when a developer approached the City about his proposed construction of the Bay Area Apartment complex at the Intersection of South Carancahua Street and Furman Avenue. The existing 8" vitrified clay pipe (VCP) sanitary sewer along Carancahua does not have adequate capacity to carry the additional wastewater for the development. Momover, when this aged line was televised, it became clear that it was In very poor condition and needed immediate attention. Installation of a new 12" gravity line along Caranchua Street and Furman Avenue will alleviate the situation as it Will discharge into 24" trunk main which runs parallel to the Carancahua Street gravity line PRIJ>R COUNCIL ACTION: 1. March 29. 2005- Approving the FY 2005 Capital Budget in the amount of $178,074,800. (Ordinance No. 026188) 2 Julv 11,2006 - Resolution expressing official intent to reimburse $12,000,000 in costs with respect to the construction of improvements to the City's Utility System. (Resolution No. 026868) PRI,R ADMINISTRATIVE ACTION: 1 Af>ril 3. 2006 - Administrative approval of a small agreement for architecUengineer consultant services with Maverick Engineering Inc. in the amount of $24,977 for the Furman Avenue Development /Spohn Shoreline Sanitary Sewer Relief Line. 2 Julv 21, 2006 _. Administrative approval of a ratification of geotechnical engineering services with Rock Enqineerinq and Testinq Lahoratory Inr in the amount of $2,117 tel ,) ',-J \iV \ .~ I . 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'" ~ ~ ~ c ~ " M .~ [E:;I~~T~~" J FURMAN AVENUE DEVElOPMENTI SPOHN SHORELINE HOSPITAL SANITARY SEWER (PROJECT NO. 7354) PROJECT BUDGET July 18, 2006 FUNDI AVAilABLE: ESTIMATED BUDGET Wastewater 2006 CIP Fund (Rev Bd) $ 655,855.00 FUNDf REQUIRED: Construction Cost (King-Isles Inc.) --_..."..~.. -.----".---------. $ 535,322.00 Construction ContinQencies ~'-_.'- .."~_..".,,_.__.__._-~----- 53,532.00 AlE Consultant (Maverick Engineerir:!9...0~~ 24,977.00 Construction Inspection -- -""".'- ._'-_. ~-- -'---.. 16,059.00 T esti nQ O~".____'~"'_.~..,_ 2,112.00 Engineering Reimbursements -~._-~ 16,000.00 Finance Reimbursements 5,353.00 -_.. -~---'----- "'--'-~----"-,--- Incidental Expenses (Printing, Advertising, etc.) 2,500.00 1-. -......---".,-.-...-..".- -- ._...-_._.- -.-----.---.------.-- T ota I. . . .. . ... ... .. ... .. .. . --. ..... ...,. ....... ............. $ 655,855.00 EXHIBIT "e" Page 1 of 1 H \HOMEIRach9lle\GEN\Vvast8water\ 7l5J Fu' c,.;Ole \oOst"",onIPu:"ct R \ MprOjeC t \ councilexhlblts \ exh 7354. dwg ~ N LOCA TION MAP NOT TO SCALE ~.+- --+--- ~ N PROJECT SITE <( ~ :r: 0 (f) C AI r-- w <( (f) CORPUS ~ W CBRISTI <( --1 BAY PROJECT No. 7354 VICINITY MAP NO T TO SCALE EXHIBIT "0" ill -- - - - - - t=~JRMAN4, VEN1JF DEllE! f)P/I/fE^'Ti SPOHN SHORELINE HOSPITAL SANITARY SEWER 'I CfTV COUNCIL EXHIBIT ji '_.'17'( 0'- CORPUS CHRISTI. TEXAS II VEPARTMENT OF ENGINEERING SERVICES I PAGE: 10f1 DATE: 07/19/2006 10 ~,.,- AGENDA MEMORANDUM City Council Action Date: July 25, 2006 SUBJECT: Fire Station No. 14 Concrete Driveway Repair 2006 (Project No. 5194) ~NDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with OMB Construction, LLC of Corpus Christi, Texas, in the amount of $70,895 for the Fire Station No. 14 Concrete Driveway Repair 2006. ~ This project consists of programmed maintenance at Fire Station No. 14, located at 5901 S. Staples. Due to the age of the existing concrete driveway and heavy truck usage, the driveway has been Identified as needing demolition and replacement. The project has bid and requIres Council approval to begin construction. FUNDING: Funds for this project are available from the FY 2005-2006 General Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. r ~ ?: ~ 7/U7~6 ~ I . Escobar, P.E. ' / 'pirector of Engineering Services ~Oftal Support Material: Exhifjjt "A" Background Information Exhibit "B" Bid Tabulation Exhibit "e" Project Budget Exhibit "0" Location Map >-t \HOMElRachelle\GEN\Public Heallh & SafeW.5194::tatlon 1.1 CDr,stcUCI'<)<1\Aytnda Memo doc ....... -- BACKGROUND INFORMATION SUBJECT: Fire Station No 14 Concrete Driveway Repair 2006 (Project No. 5194) PROJECT DESCRIPTION: The project consists of approximately 3,040 SF of repair/replacement measures for existing concrete drive paving to include, but not necessarily limited to. concrete drive demolition/repair/replacement; subgrade preparation; caliche base; reinforcing steel steel dowels; expansion joints and minor asphalt pavement seating at abutment to concrete drive all in accordance with the plans, specifications and contract documents BIQ INFORMATION: The City received proposals from one bidder on July 19, 2006 (see Exmbit "B" Bid Tabulation) The engineer's estimated construction cost is $47,700. The consultant (Roots/Foster Associates Architects) and City staff recommend that the construction contract be awarded to OMS Construction, LLC, of Corpus Christi in the amount of $70,895 ~TRACT TERMS: The contract specifies that the project will be completed in 35 calendar days with completion anticipated in October 2006 PR9JECT BACKGROUND: This project consists of programmed maintenance at Fire Station No. 14, located at 5901 S Staples Due to the age of the existing concrete driveway and heavy truck usage, the driveway has been identified as needing demolition and replacement According to the consultant (Roots/Foster Associates Architects), several entry drive concrete flatwork elements are badly damaged at Joint intersections along the central axis joint. Also, nine of the various 19anels/sectlons of the drive exhibit varying degrees of deterioration. It is speculated that waTer has penetrated at the joint intersections and undermined the supporting soil PRIC)R COUNCIL ACTION: 1 Julv 26, 2005 - 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 (Ordinance No. 026385) EBJIlR ADMINISTRATIVE ACTION: 1 March 10. 2006 - Administrative approval of a small agreement for architect/engineer consultant services with Roots/Foster Associates Architects in the amount of $5,628 for the Fire Station No 14 Concrete Driveway Repair 2006. H \HOME\Racheli~c"\GEN\Pub!1(' Hedltr'; ~att-o,:\\5'! S(]tl'J ~\ "';~"'Ja Ra,"k:l,'i'l' TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS BIOS TABULATED BY 'Angel R. Escobar, PE., Director of Engineering Services BIO DATE: Wednesday, July 19.2006 Engineer's Estimate: $47,700.00 Time of Completion: 35 Calendar Days FIRE STATION NO 14 CONCRETE DRIVEWAY REPAIR 2006 DMB Construction, LLC PROJECT NO. 5194 PoO. Box 71118 CoCo, TX 78467 DESCRIPTION OTY. UNIT UNIT PRICE AMOUNT .. Furnish all labor materlais, t,)ols and necessary equipment and to perform the work reqUired for the subject project at the 1 SS $70,89500 $70,895.00 locations set out by the plans and specifications and In strict accordance with the contract documents TOTAL BID $70,895.00 - - H\HOME\RachellelGEN\PUb!;,' HealHl 8. Safplv51 ".\ Stat tIH'\5 if) ! :'\JH iLA T 101".' ["'EXHIBIT--"B"- Page 1 of 1 FIRE STATION NO. 14 CONCRETE DRIVEWAY REPAIR 2006 (PROJECT NO. 5194) PROJECT BUDGET July 25,2006 FUND. AVAILABLE: ESTIMATED BUDGET Wastewater 2006 CIP Fund (Rev Sd) $ 92,439.00 FUNDS REQUIRED: Construction Cost (OMS Construction, LLC) $ 70,895.00 ------- Construction Contingencies 7,090.00 _.~-_._.- --..-<. -'.- ""-'-'-'-'"~~^,"--, '~--_'_._.,._--....."-~--,_..- AlE Consultant (Roots/Foster AssocIates Architec~________ 5,628.00 Construction Inspection 2,126.00 -- -- --- --. -- -- - -- "--- -- ----.- --- Testing ~'-'---------'-"'----"-"'-",~-,,"-, -'--'~-"-'~- " ------,-_. --'--~---~---_"'-----_.".- -.-. 2,400.00 Engineering Reimbursement~____ __ _. ______fi_ . - -'_..._-'------,,--~_..~- -.- 2,100.00 Finance Reimbursements 700.00 --'.-.---.- .'-..---..- - --." ---~--_._._--_. '-"',,--- "~- Incidental Expenses (P!.'nting, AdvertLsi~g ,_~tc_ ).____________.. 1,500.00 -- f-- ,- .....- ,~-------_. ---.---.---- ~m~ ....-- ____._ ",_".u._~______~.._._._____~ Total........ . .. ,., , ....... . " '. ... ....,... ............ $ 92,439.00 EXHIBIT "C" Page 1 of 1 " ,HOM,\RachelleIGENIPr,c,'1c Health '( Sa'dtvh" J4"lIloc '4\C,,,,;,' ",..., hie . \Mpro "ect\councilexhlbits \exh5194.dwg / \\ )~i~~// ~.~ \ ~ N /"" ~-~,-"'-- ---, ;::::~.'.. , N U E C t~ S BAY c=-. ~ ~.,) ~\. / ~ ~~~~_/ G-~J ~ ,.,~ ~D, ~====, -.:::,~ -.~~=t~ / '~l f--'-~ UOACS I L i ,=c - . ~I -<~ ~ o :I: > ~ w ~ !;;J IlEAA CORPUS CHRISTI BAY ~~~- dl ru :r: LOCATION MAP Nor TO SCALE CITY PROJECT No. 5194 EXHIBIT "0" FIRE STA nON NO. 14 CONCRETE DRIVE REPAIRS 2006 ~ ':!TY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 07-19-2006 iii -- - - - - - 11 ....,....'-.- AGENDA MEMORANDUM July 25, 2006 SUBJECT: Nueces Delta Coordination (Projects No. 8443) Contract for Coordination and Review AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a contract with the Alan Plummer Associates, Inc of Austin, Texas not to exceed $135,000 for consulting services necessary to assist in the coordination and review of various activities affecting the Nueces Delta ISSUE: The City has completed several projects affecting the Nqeces Delta. The City and other agencies are continuing to engage in other activities and projects affecting the Delta. The impacts include natural and man-induced physical conditions, relating to the limited natural freshwater and tidal inflows including man-made programs to enhance inflows to the Delta to increase productivity. Coordination and review of various monitoring projects Including the Rincon Bayou/Nueces Delta Projects, Allison Diversion Project, Nueces Feasibility Project and other projects directed by State agencies, other governmental entities and academic researchers. FUNDING: Funds for these contracts are available in the Environmental Studies activities of the Water Departments FY2006-06 adopted Operating Budget RECOMMENDATION: Approval of the motion as presented. b / ~ ' .. 1'"0(1., r#{ ~~ ~.k,6. Eduardo Garana, PE A el . scobar, P. E. Director of Water Services irector ~f E~gineering Services Attachments. E><hibit A E>(hlbit B Exhibit C Additional Infornation Summary of Contract Location Map \HOME\f< E Vir.,S\GEN.W A TERIRINCOM2006 2007\' ';wardmemo doc ADDITIONAL INFORMATION SUBJECT: Nueces Delta Coordination (Projects No. 8443) Award of Contract for Coordination and Review CONSULTANT: Alan Plummer Associates has been the lead City's consultant in addressing TCEQ environmental permits They have particular expertise in the biological and chemical aspects of TCEQ and EPA regulations and guidance documents. Equivalent expertise is not possessed within the Corpus Christi MSA The coordination and monitoring requirements have become Increasingly complex The review and integration of the various studies will be the responsibility of Alan Plummer Associates. PROJECT: The City has worked closely with the Texas Commission for Environmental Quality (TCEQ) to develop a unified monitoring work program for the Rincon Diversion Project. The complexity of monitoring has increased requiring coordination and review of a wide range of projects to ensure the City receives the maximum benefit from the various activities The frequency and amount of future amendments will be based on the requirements of the \/arious projects as detern'lned by an annual assessment. The Consultant Will . Identify Annual Study Program. · Document Study Results: and · Coordinate AnnualVVorkshops A.dditionally It is anticipated it will be necessary for the Consultant to: . Coordinate With the Nueces Estuary Advisory Council; . Assist with Nueces Basin Feasibility Study. · Coordinate Obtaining Services of Others to Establish an Elevation Datum for the USGS Rincon Bayou Gage and Elevations in the Nueces Overflow Channel; · ASSist City to Identifv and Make Application for Funds to Support Delta Study Costs; and . Coordinate a \/Vorkshop on Operational Alternatives for the Calallen Pipeline. The projects requlrln~] revl,~w and coordination Include Rincon Bayou, Nueces Delta Projects · The Nueces Overflow Channel between the Nueces River and Rincon Bayou, and the Rincon Overflow Channel between Rincon Bayou and the upper northwestern pOliion of the Delta These channels were originally constructed for the Rincon Bayou Demonstration Project conducted by the Bureau of /lE r.'~-"-- -.-J EXHIBIT A I Page 1 of 3 ....... - -...~ Reclamation. · A pump station and pipeline to deliver up to 3,000 acre-feet of water per month from the Calallen Pool on the Nueces River directly into upper Rincon Bayou. The studies that are needed as the RBNDP are Implemented to investigate four topics: · Optimal managernent approaches for these inflows · Whether there are beneficial impacts. · Whether there are adverse impacts on the Nueces River tidal segment below Calallen Dam · Whether there are detrimental impacts on species of concern in the Delta. Allison Effluent Diversion Demonstration Project In 1998 the City began discharging effluent from the Allison Wastewater Treatment Plant (VVWTP) to the South Lake area of the Delta. Comprehensive water quality and biological data were collected on a year-round basis during the five-year period following initiation of the discharge, In accordance with the requirements of the Texas Pollutant Discharge Elimination System (TPDES) permit for the Allison WWTP The purpose of the sampling program was to determine if the diversion was beneficial or harmful to the environment; and. if It was beneficial, whether the City should receive a greater than 1'1 credit for the water discharged in the Delta. This credit might offset a portion of the water pass-through requirements for the Choke Canyon Reservoir/Lake Corpus Christi system The five-year period ended September 2003. Since then, the TPDES permit only requires sampling to be conducted once each year. However, some data are collected quarterly in conjunction with the collection of data for the "RBND. The scope and protocols for the annual sampling program are subject to approval by the TCEQ. Programs Directed by Others In addition to the Delta projects directed by the City, there are several studies related to the Delta and Nueces Bay, which are directed by others. The City of Corpus Christi has direct or indirect involvement in these projects. The projects include: · Nueces Basin Feasibility Study (NBFS), directed by the U.S. Army Corps of Engineers (USACE) (part of this project addresses the Delta). NBFS projects in the Delta will proVide useful supporting data for the delta studies being directed by the City, as well as the studies specific to NBFS. The NBFS projects may include obtaining topographic and bathymetric data that can be used for constructing a hydraulic model of the Delta and evaluating the feasibility of additional effluent diversions · Total Maximum Daily Load study of zinc in the Nueces Bay, directed by the 1 exas Commission on Environmental Quality (TCEQ) · 1 exas Coastal Ocean Observation Network (TCOON) and monitoring of salinity for the Nueces Estuary Agreed Order. directed by the TAMUCC-CBI. r~~~;;~~~ -l Page 2 of 3 · Ichthyological studies conducted by the Texas Parks and Wildlife Department ( TPWD) · Independent research conducted by TAMUCC-CCS and UTMSI. · \Nater quality and bathymetry measurements, conducted by the Nueces River Authority The fee IS not to exceed $135,000 and the Consultant will be paid only for those services undertaken A contract summary is attached See Exhibit B FUTURE COUNCIL ACTIONS: A contract with the Conrad Blucher Institute, Division of Nearshore Research and University of Texas Marine Sciences Institute will be present to Council m the near futur<' :OJ\-li~-\I' (~; f' ,- -~~~'I~;~-~" 'I Page 3 of 3 ..... CONTRACT SUMMARY SCOPE OF SERVICES APAI will assist the City with the coordination and review of the various projects related to the Delta. .0., TASKS APAI will complete the following tasks on an annual basis to document the results of the programs that are underway, make minor refinements to the programs based on study results, and provide opportunities for the researchers to exchange Information and collaborate on the results of their respective studies. The anticipated tasks are described below Task 1; Identify Annual Study Program Prior to the beginning of each fiscal year, APAI will discuss with each of the researchers, who collect data for the RBND and EDDP studies the scope and budget for their respective programs in the coming year. During the development of the studv scopes APAi also will coordinate with TCEQ to confirm that the monitoring reqUirements of the TPDES permit for the Allison WWTP are met. As contracts for the studies are developed between each research institution and the CltV. APAI will review the draft contracts for conformance to the identified scope A,PAI will prepare an Integrated Monitoring Plan (IMP) that documents all of the monitoring proposed to be ::onducted in the Delta in that fiscal year The IMP will Include studies funded by others (such as TCEQ and TPWD) as well as studies funded by the City so that there will be a comprehensive summary of the activities n the Delta that year The IMP will document active monitoring stations. types of studies, analyses to be oerformed and frequency 0' monitOring for the applicable fiscal year The plan will be delivered at the Deginning of each fiscal year ~~opies of the draft IMP Will be proVided to the City and the research entities for review. The draft IMP will be revised, as appropriate based on comments received; and the final IMP will be prepared. Copies of the final iMP will be distributed to the appropriate parties Task 2: Document Study Results The RBND IS a multi-year study EDDP monitoring continues for the term of the TPDES permit for the Allison WWTP At a minimum, the follOWing types of reports are expected to be prepared for these programs: · An annual report to TCEQ that summarizes the results of EDDP monitoring for the year. · A.n annual report by each prinCipal researcher that summarizes the results of their respective RBND studies for the year. Typically these reports also present evaluations of the relationships of the current data to data from previous years. · RBND summary reports These summary reports will cover multiple years and provide evaluations that Integrate the data over time, as well as integrating the studies by the different researchers and (jisciplines Two summary reports are anticipated An Interim Summary Report that evaluates conditions dUring the 2001-2006 period, when the Nueces Overflow Channel was open, but the Calallen Pipeline was not yet in service. ,A, Final Summary Report that evaluates conditions when both the Nueces Overflow Channel and thp Calaiien Pipelme are In operation ~PAI assistance to the City with respect to these reports, may Include. but not be limited to, the following: · Facilitate coordination between the researchers · Review the reports, and, if appropriate schedule meetings to discuss report findings. · Distnbute the reports to appropriate parties Examples ot other types Of reports that rlright be developed, and for which APAI may provide coordination, are .~ '.HOME\KEVi~jS\GENW!\ TER'Rlf,;ON\20062007\^!>'wardSumExhB doc , Exhibit B I ! Po_C"1e 1 01' :3 . l.__~_________ Juality Assulance POJect Plans and reports related to adaptive management strategies Task 3: Coordinate Annual Workshops Dunng the first quarter of each calendar year. f\P AI will assist In conducting a workshop where the appropriate entities will present the results of their studies during the previous fiscal year. In addition, any proposed changes to the monitoring program for the coming fiscal year will be discussed Invitees to the workshop will include, but not be limited to the staff of the City UTMSI. T AMUCC-CBI T AMUCC-CCS, TPWD, and TCEQ. f"PAI will provide the following lypes of suppori . Schedule workshor · Develop agenda and Ci)Ordlllate with uresenters · Moderate workshops. ,md · Document presentations ana diScussions Activity B.' Other Potential Tasks in addition to the abovedescrilled tasks there are othel tasks that the City may request APAI to perform. Examples of the types of assistance that mav be requested Include but are not limited to, the following Task 1: Coordinate With the Nueces Estuary Advisory Council The City may request APA.I to attend meetings of the Nueces Estuary Advisory Council either to make presentations regarding Delta programs being conducted by the City or to maintain awareness of the various nlanagement activities being conducted or proposed in the estuary Task 2: Assist with Nueces Basin Feasibility Study As requested APAI Will provide technical support to the City for the NBFS The services provided pursuant to H1IS task may include. but not be limited to, the following · ReView ana comment all the scopes of work for NBFS projects · Attend NBFS Norkshops Ii requested assist in the development of materials to be presented e)rl behalf of the City at the workshop · ReView and comment all documents prep-ared by USACE or NBFS contractors. · Coordinate with USACE regarding hydrauliC modeling of the Delta Task 3: Coordinate Obtaining Services of Others to Establish an Elevation Datum for the USGS Rincon Bayou Gage and Elevations in the Nueces Overflow Channel It may be determined to be appropriate for the City to secure the establishment of an elevation datum for the USGS Rincon Bayou flow gage and/or to determine the elevation of the Nueces Overflow Channel If requested APAI Will assist the City to sec.:;ure the services of others who will provide these data, Task 4: Assist City to Identify and Make Application for Funds to Support Delta Study Costs If requested, .APAI Will explore !he potential availability of grant funds to help support the cost of the Delta studies APAI activities may Inciude. but not be limited to. preparation of materials for grant applications and meetings with potential funding agencies Task 5: Coordinate a Workshop on Operational Alternatives for the Calallen Pipeline Following the development of a baSIC hydrauliC model of Rincon Bayou and a period during which the City becomes experienced with the operational characteristics of the Calallen Pipeline, a workshop may be convened to identify the alternative operational modes for the pipeline that should be assessed Subsequently the alternative operational modes that have been Identified will be evaluated in order to assist in t'le development of at' operatonal pial' that NIII optimize the environmental benefits achieved by the \HOME\KEi'N;\(~EI~\V\ t, T,cPlRiNC, lNI200f<'CU i" .lwdlc1SumExhi3 doc I Exhibit sl .'),{ -, """I!lIlIIl"_...<t_ freshwater releases from the pipeline to the Delta. The workshop attendees would include, but not be limited to, the staff of the City, UTMSI, TAMUCC-CBI TAMUCC-CCS, TPWD. and TCEQ ,.1\ PAl would provide the following types of support: · Scnedule workshop · Develop agenda and coordinate with presenters; · Moderate workshop, and · Document presentations and discussions FEES AUTHORIZED The City will pay APAI a fee not to exceed $135,000 for providing all services. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified in Section II and such other tasks as may be mutually agreed unless an additional fee is evidenced in writing as an amendment to this contract The fee IS inclusive of all fees and expenses incurred in performance of the :ontract fhe City is 110t required to request services totaling $135,000 in value, and APAI is not required to provide services. the value of which exceeds $135.000 Compensation for services will not exceed $135,000 without Prior writter authorization HOURLY FEE SCHEDULE 2006 Staff Description Staff Code Billing Rate A 1-A3 A4 C1-C2 C3-C4 ESO-ES3 ES4 ES5 ES6 ES7 ES8-ES9 $ 62.00 $ 70.00 $ 70.00 $ 95.00 $ 80.00 $ 90.00 $ 100.00 $ 120.00 $150.00 $195.00 Admin Staff Senior Admin Staff Deslgner/T echnlcian Senior Designer/Technician Englneer-m- Traming/Scientist-In- Training Project Engineer/Scientist Senior Project Engineer/Scientist Project Manager Senior Project Manager PrinCipal \HOME\I<.t Vlf.JS\GEN\WA TER\RINCON\2006-2007\^AwardSumExhB doc I ExhibltBl 'l i"'\f ') ! ',i .~J' ~ ; ~_.- lie. ,Mproject \coullctlexnibits \exr84Udwlj '" PROJECT LOCA TION H ~ N aBONT: i- ARk "",-VUI' .,~.CCS .,~ RIVER F M 624 RIVER .- -_.._----~ !VUe Ces C au!)!}' -q ~ :r: CJ 1::: c') .- <:{ => .J ':i .-J <t: ) ~i ":: W N z: W :::L u :z o z: <i: 0::: " LOCA TION MAP 'YO! TO SCALE CITY PRf)JECT No. 8443 EXHIBIT "C" CITY COUNCIL EXHIBIT f\J11ECEC:: tlf~Jll\ f"/'lnr)fHl\/i\ Tf(11ll AND REVIEW CONTRACT CITY OF CORPUS CHRISTI, TEXAS ~;L 'Ii, IME.}; (;f EI\iGii\!EEF?ll1il; ::,ERViGES PAGE: 1 of 1 ~ .. -- - - - - DATE: 07-17-2006 .......... .",. 12 AGENDA MEMORANDUM DATE: July 25,2006 SUBJECT: State Highway 44 - Clarkwood Bypass A~NOA ITEM: Resolution Requesting the Texas Department of Transportation to Designate the New State Highway 44 Bypass in Clarkwood as part of the State Highway 44 Roadway System; Re-Designate the Former Location of State Highway 44 as a Business Route; And Declaring An Emergency ISSUE: The Clarkwood Bypass is nearing completion and has been partially opened to traffic. TXDOT has requested the City Council approved a Resolution requesting the designation of the New S.H. 44 Bypass in Clarkwood as S.H. 44. The Resolution also requests the former location be designated as a Business Route. FUNDING: No expenditure of City funds will occur as a result of this action. RECOMMENDATION: Staff recommends approval of the Resolution as presented. I R. Escobar, P. E. Irector of Engineering Services ~itional Support Material: Exhibit "A" Resolution Exhibit "B" Location Map 'HQM!:;'cKEV! N S\QE N\:rrR~T SISIj411:if 144Ri. ol!!~oI'MefCO '....' -.- RESOLUTION REQUESTING THE TEXAS DEPARTMENT OF TRANSPORTATION DESIGNATE THE NEW STATE HIGHWAY 44 BYPASS IN CLARKWOOD AS PART OF THE STATE HIGHWAY 44 ROADWAY SYSTEM; RE-DESIGNATE THE FORMER LOCATION OF STATE HIGHWAY 44 AS A BUSINESS ROUTE; .AND DECLARING AN EMERGENCY. WHEREAS, there IS a newly constructed bypass at a new location in the Clarkwood area within the City of Corpus Christi limits; and WHEREAS, to facilitate the flow of traffic and promote public safety, the former location of State Highway 44 needs to be designated as a business route; and WHEREAS, the new bypass route will be designated as part of the State Highway 44 roadway and identified by a state-assigned suffix; and WHEREAS, the former and new roadway locations need to be signed and identified according to the changed designations as approved by this Minute Order NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI. TEXAS: SECTION 1. That the City of Corpus Christi respectfully requests that the Texas Department of 1 ransportatlon designaTe the new bypass in Clarkwood as part of the State Highway 44 roadway system and re-designate the former location of State Highway 44 as a business route ATTEST CITY OF CORPUS CHRISTI Armando Chapa. City Secretary Henry Garrett. Mayor V00725!", FI\O 'dll,h"p ,. .;" ~..,'..... APprov.e.~zr; fOr~ J.2.~/Z 20. .O~~/ By: ~ t fuU ~ I J\tj_ Veronica Ocanas Assistant City Attorney For City Attorney _day of ,2006. The above resolution 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 'J6.VO 072,uo FiSO"!l.14lJ'>j'as., """"""...,- Ie \ Mproject \,,)uncilexhib/ts \84 /8e,h.dwS} ~ N JJ"i otr'iC iel r"r"lun-t-y t,j ,_.,^ 'v .J l~"~1 \~f'C \\L' ( ~~J' RIVER I \ -~' , _~M~_~_. ~/ '~~. ""-"-~j / i( ~ L...___." i~ / "~~ IV(jp(. )'-- .~, r~ I? / /. (,~~S Up~~\ I: ~I -- . .~~ '---~~"'.. ~ I ~ l,..,.'----'~~ ",~.OAD_~S:..: ~ +~~~.4 ~ I B ........------ I H 37 ~-- ~ I ~ ~; ~ '-..... . ~ 1 I ~,I~ u ji II'JY ''- ~~ - -9:tt d A, :J: ;1 ~ ~\~ ,/ NUECES BAY ;::~ CJ o Jt "" Ck: <!: .J C,l./" ." I~ LOCA TION MAP NDT TO SCALE CITY PROJECT No. 8478 EXHIBIT "B" I HVV~Y 44 l,LAHKWtJUiJ tj y ~/"'A.:,::' UTILITY ADJUSTMENT II TT',' (:nUNCJt EXHIBIT .1 I Ot cOF?PUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 0 f 1 DATE: 07-19-2006 ~ -- - - - - - 13 ~' ,,~ CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 7/25/2006 \GENDA ITEM:'\pproprlating $::' 1,31:--. III Haz-Mat Response Calls Revenue received from Texas \1olecular Il1to the Ceneral I LInd Fire Department for purchase of Haz-Mat consumable equipment and supplies; amending the IY 2(105-2006 Operating Budget, adopted in Ordinance No. 026385, by increasing estimated rnt'nues and appronriatlons hy $2 I ; 15 each: and declaring an emergency. ISSUE: On March .j 2006 the l'lrl' Deparlll1ent responded to a hazardous chemical incident at Texas rv1oleculm. located at hl)Oh Cireenwoo<! Dri\c The response required a significant amount of man hours, ,'onsumable equipment and supplies rexas Mub..:ular was hilled 1m thc responsc and paid the City $36,3] 5.66 on May 15, 2006. We are requesting authority to lIse $2 I .3 15 ufthe amount received to replace consumable equipment and supplies used at the Texas Molecular Illudc!l!. These funds arc in the revenue account Hazmat Response Calls Revenues ~Iccount ! il2u 12020-\()8910 REQUIRED COUNCIL AC nON: (oullcd approval IS required to authorize the City Manger to amend the IY 2005.2006 Operatll1g Budl!et and appropnate the $2\ ,315 for the purchase of consumable equipment and supplies. PREVIOUS COUNCIL ACTION: NlHll CONCLUSION A;,\/D RECOMMENDATION: Statlrecommends amending the FY 2005-2006 Operating Budget alld ~'ppropriatIng S21 '\ 15 t(Jr the purchase of equipment and supplies. -~ Richard Hooks Acting Fire Chief i\ ttachmen ts: Ordinance [)DCUl11enl, ',dtnl",. \1 h Rccc'lir1\ I. DOL'Ulllenb\Agc'nd:l ftcrns\Texa, ll1olccularageda.doc 1liI!II!II!II' ,.- BACKGROUND INFORMATION i he replcl1lshmg ld ,'illhUI1lablc equipment and <;upplies will insure that we will be able to iHlequatelv respond tu a Ilazlllat IllCldent III the future Documents alld "ettingsMIS\Pn elll '11\ 10ClIIlWlts .'\!,l'rH1;l il,'(]" Texas mdleclIiarageJa.dol ~..,-- ORDINANCE APPROPRIATING $21.315 IN HAZ~MA T RESPONSE CALLS REVENUE RECEIVED FROM TEXAS MOLECULAR INTO THE GENERAL FUND FIRE DEPARTMENT FOR PURCHASE OF HAZ~MA T CONSUMABLE EQUIPMENT AND SUPPLIES; AMENDING THE FY 2005-2006 OPERATING BUDGET, ADOPTED IN ORDINANCE NO. 026385, BY INCREASING ESTIMATED REVENUES AND APPROPRIA nONS BY $21,315 EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $21 ,315 in Haz-Mat response calls revenue received from Texas Molecular is appropriated into the General Fund Fire Department for purchase of Haz-Mat consumable equipment and supplies for the Corpus Christi Fire Department. SECTION 2. That the FY 05-06 Operating Budget, adopted by Ordinance 026385, be amended by increasing estimated revenues and appropriations by $21,315 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 rn.eetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 25th day of July, 2006 A nEST: THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary APPROVED: \ Jv I J -Z ~7 By: (~ It---. / Josephl Harney C) Assistant City Attorney F or City Attorney ,2006 Corpus Christi, Texas day of ____; 2006 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: l/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 Councif. Respectfully Respectfully, -------..-.---.-,..__~_._o.,__ Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A Kinnison Jesse Noyola Mark Scott '~',..,.."~. 14 ~^'''- CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 25,2006 AGENDA ITEM" CircJlnance appropriating $ 729 319 in Passenger Facility Charge Fund 4621 from unreserved fund balance; transferring $ 643 76"1 into the Airport 2000A Debt Service Fund 4640 and $85,558 into the A,irport 2000B Debt Service Fund 4641 for Debt Service Payments on Airport Improvements; amending FY 2004-2005 Capital Budget adopted by Ordinance No 026188 to increase apDropriations by $ 729319 and declaring an emergency ISSUE: Passenger Facility Charges (F~r:C's) for tile Corpus Christi International Airport were approved for this purpose by the Federal ,Aviation Administration (FAA) in 1998 The PFC funds are collected from the airlInes and pay debt service expenditures for the Terminal Building Reconstruction Project and L dndsideiRoadvvav prOject deh' PFC revenue must be appropriated prior to any expenditure of funds. REQUIRED COUNCIL ACTION: F I: ~~esolutions and Ordinances require Council approval PREVIOUS COUNCIL ACTION: September 22, 1992 - Ordinance authoriZing the collection of a Passenger Facility Charge of $3.00 per enplaned passenger for a reriod of five years beginning November 1, 1992 and ending October 31, 199~0" (Ord 021483j L 3epternber 9 '1997 )reJirunce ,,:xtencJinq tt-Ie collection period from October 31,1997 to May 31, 1998 (Ord 02305T 3 December 18, 199"1 . Ordinance to submit an application (No 2) to FAA to collect and use a Passenger Facilty Charge of $300 per enplaned passenger at CCIA for a period of twenty years beginning June! "1998 (OrcJ 0.73165) 4 September 1 B, 2001 - Ordinance authoriZing an amendment to the Passenger Facility Charge application increaSing the allowable collections and extending the collection period to April 1 , 2023 (Ord 024603 5 September B. 200'1 Ordinance appropriating Passenger Facility Charge application reimbursement to the city for approved PFC funded projects previously paid from Airport Capital Reserves Bonds Interest and ,)peratin~~ fUf1(js and for the Terminal Building Reconstruction project. 024585 ) ,-, ,anuary i4. 2003 ~ Ordinance auUloflzlng dil amendment to the Passenger Facility Charge apDI'cation incrE":asing the PFC ,01IeOio'13 h:::p, 5300 to 54 50 and extending the collection period to Jc1i: lalY 1 2U2 (Crd 0251t36) l. March 25 2003 tra i 1 :;terring S 'J ?("jnnF) Deht C~p C:;rdiiiance appropnating $995812 in Passenger Facility Charge Fund 4621; nL.:.> Uk: ,L.POI i 2CJO.i, Ciebt Service Fund 4640 and $265,275 into the Airport ,1(".41 '""1r rL-'htcPf' 'r:" na\irnentc nn '1irryyi irnnrov8l-nents:Amending FY ! ~ ...k;1 h ~f ~ J r July 22, 2003 - Ordinance appropriatIng $509,474 In Passenger Facility Charge Fund 4621 from unreserved Fund Balance. transferring $288185 into the Airport 2000A Debt Service Fund 4640 and $221,289 into the Airport 2000B Debt Service Fund for Debt Service payments on Airport Improvements, amending FY ~'002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $509 474 alld declaling an emergency (Ord 025388) Sf October 14 2003 - Ordinance appropriating $508,848 in Passenger Facility Charge Fund 4621 from unresef'Ved Fund Balance: transferring $489,201 into the Airport 2000A Debt Service Fund 4640 and $19,647 into the Airport 20008 Debt Service Fund for Debt Service payments on Airport Improvements; amending Fy 2002-2003 Capital Budget adopted by Ordinance No 025144 to increase appropriations by $508,848 and declanng an emergency (Ord 025519) 1 Cl May 11, 2004 - Ordinance appropriating $ 1;089,744 in Passenger F aGility Charge Fund 4621 from unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements; amending FV 2003-2004 Capital Budget adopted by Ordinance No 025647 to increase appropriations by $1.089,744 and declaring Wi emergency (Ord 025743) 1i September 14. 2004 Ordlf lance appropnatlng $150000 into the Passenger Facility Charge Fund 4621 from unreserved fund balance for passenger loading bridges at the Airport; amending FY 2003- 2004 Capital Budget adopted bv Ordinance fl0 025647 to increase appropriations by $150,000; and declaring an emergency . Ord C25952) L January 18 2005 Ordlnan:e appropriating $787 067 In Passenger Facility Charge Fund 4621 from unreserved fund balance fiX Airport Landside Roadway System Reconstruction Improvements; amending FY 2003-2004 (~apjtal Budget adopted by Ordinance No 025647 to increase appropriations by $787,067 and declanng an i"mergency (Ord 02611 I) 13 January 25 2005.. Ordinance appropriating $957,59417 In Passenger Facility Charge Fund 4621 from unreserved fund balance; transferring $957,59417 into the Airport 2000A Debt Service Fund 4640 for debt service on airport improvetnents amending FY 2003-2004 Capital Budget adopted by Ordinance No 025647 to Tlcrease appropnations by $957.594 17 and declaring an emergency (Ord 026118) 14 October 1 I 2005 - Ordinance appropriating $40,000 In the Airport Passenger Facility Charge Fund 4621 from Unreserved Fund Balance for Airport Landslde Roadway System Reconstruction Improvements, amending FY 2004-05 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $40 000 and, leclarrng and emergency (Ord 026498) FUNDING: Funds are available In Passeng€f Facility Charge Fund 4621 $729,31900 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the OrdinancE' as presentee! LctJ~ Dave Hamrick Uirector of Aviation Attachments: ExhIbit A: Backgrounej "4lIiIP' -;...... BACKGROUND INFORMATION BACKGROUND: City Council approved the submittal of a second Passenger Facility Charge (PFC) Application to the FAA on December 9, 1997 by Ordinance No. 023165. The FAA approved the application and issued a Record of Decision dated April 14, 1998 stating PFC collections would begin July 1 1998 for a period of approximately 20 years. or until the full amount approved for collection had been collected An amendment to this application was submitted to the FAA on June 7, 2001 and was approved by the FAA on June 25. 2001 The approved amendment includes revisions to project scopes and/or budgets for completedn-progress or pending Capital Improvement Projects at CCIA. RevIsions to the PFe Application were required to support the Council-adopted Airport Capital Improvement Program, Including the Terminal Construction Program. and the corresponding General .Airport Revenue Bond (GARB) sale completed in August 2000 In addition, project budgets were adjusted to reflect actual expenditures I , L-_______~ ~',.."'"'"", AN ORDINANCE APPROPRIATING $729,319 IN PASSENGER FACILITY CHARGE FUND 4621 FROM UNRESERVED FUND BALANCE; TRANSFERRING $643,761 INTO THE AIRPORT 2000A DEBT SERVICE FUND 4640 AND $85,558 INTO THE AIRPORT 2000B DEBT SERVICE FUND 4641 FOR DEBT SERVICE PA YMENTS ON AIRPORT IMPROVEMENTS; AMENDING FY 2004-2005 CAPIT AL BUDGET ADOPTED BY ORDINANCE NO. 026188 TO INCREASE APPROPRIATIONS BY $729,319; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $729,319 In Passenger Facility Charge Fund 4621 is appropriated from unreserved fund balance to transfer $643,761 into the Airport 2000A Debt Service Fund 4640 and $85,558 into the Airport 2000B Debt Service Fund 4641 for debt service payments on airport improvements SECTION 2. That FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 is amended by increasing appropriations by $729,319 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 25th day of July, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED AT TO FORM: July 14, 2006 ~-- Assistant City Attorney For City Attorney ~. Corpus Christi, Texas ___ day of __ __ ___ _, 2006 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: Ilwe, 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 Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scr1tt .....- 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 25, 2006 AGENDA ITEM: Ordinalce appropriating $ 172,933 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements; amending FY 2004- 2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $172,933 and declamg an emergency ISSUE: Passeftger Facility Charges (PFC's) for the Corpus Christi International Airport were approved for this purpose by the Federal Aviation Administration (FAA) in 1998. The PFC funds are collected from the airlines and are used for Airport Landside Roadway System Reconstruction Improvements. PFC revenue must be appropriated prior to any expenditure of funds. REa~ED COUNCil ACTION: All Resolutions and Ordinances require Council approval. PREVIOUS COUNCil ACTION: 1 Sf$tember 22, 1992 - Ordinance authorizing the collection of a Passenger Facility Charge of $3.00 per erwtaned passenger for a period of five years beginning November 1, 1992 and ending 'October 31, 1997 (Ord. 021483) 2 S.tember 9, 1997 - Ordinance extending the collection period from October 31, 1997 to May 31, 1998 (Ord. 023057) .. 3 December 18, 1997 - Ordinance to submit an application (No.2) to FAA to collect and use a Passenger Facilty Charge of $3.00 per enplaned passenger at CCIA for a period of twenty years beginning June 1,1998 (Ord. 023165) 4 September 18, 2001 - Ordinance authorizing an amendment to the Passenger Facility Charge application increasing the allowable collections and extending the collection period to April 1, 2023. (Ord (24603) 5. September 18,2001 - Ordinance appropriating Passenger Facility Charge application reimbutSement to the city for approved PFC funded projects previously paid from Airport Capital Reserves, Bonds, Interest and operating funds and for the Terminal Building Reconstruction project. (Ord 024585) 6 January 14, 2003 - Ordinance authorizing an amendment to the Passenger Facility Charge application increasing the PFC collections from $3.00 to $4.50 and extending the collection period to January 1, 2027 (Ord. 025166) 7 March 25,2003 - Ordinance appropriating $995,812 in Passenger Facility Charge Fund 4621; transferring $730,537 into the Airport 2000A Debt Service Fund 4640 and $265,275 into the Airport 2000B Debt Service Fund 4641 for debt service payments on airport improvements; Amending FY 2002-2003 Capital Budget adopted by Ordinance no. 025144 to increase appropriations by $995,812; v F. O-?5L:~f9) ......-. --~""'" unreserved Fund Balance; transferring $288,185 into the Airport 2000A Debt Service Fund 4640 and $221,289 into the Airport 2000B Debt Service Fund for Debt Service payments on Airport Improv."ents; amending FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $509,474 and declaring an emergency. (Ord 025388) 9 October 14,2003 - Ordinance appropriating $508,848 in Passenger Facility Charge Fund 4621 from unreserved Fund Balance; transferring $489,201 into the Airport 2000A Debt Service Fund 4640 and $19,647 into the Airport 2000B Debt Service Fund for Debt Service payments on Airport Improvements; amending FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $508,848 and declaring an emergency (Ord 025519) 10. May 11, 2004 - Ordinance appropriating $ 1,089,744 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements; amending FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $1.089,744: and declaring an emergency (Ord 025743) 11 September 14,2004 Ordinance appropriating $150,000 into the Passenger Facility Charge Fund 4621 from unreserved fund balance for passenger loading bridges at the Airport; amending FY 2003- 2004 C..,ital Budget adopted by Ordinance no. 025647 to increase appropriations by $150,000; and dedari", an emergency (Ord 025952) 12. January 18, 2005.. Ordinance appropriating $787,067 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements; amending FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $787,067; and declaring an emergency (Ord 026112) 13. Jam.ry 25,2005 - Ordinance appropriating $957,594.17 in Passenger Facility Charge Fund 4621 from un,.served fund balance; transferring $957,594.17 into the Airport 2000A Debt Service Fund 4640 for debt service on airport improvements; amending FY 2003-2004 Capital Budget adopted by Ordinance No 025647 to Increase appropriations by $957,59417' and declaring an emergency (Ord 026118) 14. October 11, 2005 - Ordinance appropriating $40,0OQ. in the Airport Passenger Facility Charge Fund 4621 from Unreserved Fund Balance; for Airport Landside Roadway System Reconstruction Improvements; amending FY 2004-05 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $40,000 and declaring and emergency (Ord 026498) FUNDING: Funds ate available in Passenger Facility Charge Fund 4621 $172,933.00 CONCLUSION AND RECOMMENDATION: Staff realmmends approval of the Ordinance as presented. 1S2~~~- Dave Hamrick Director of Aviation Attachments : Exhibit A: Background ............."'..... BACKGROUND INFORMATION BACKGROUND: City Council approved the submittal of a second Passenger Facility Charge (PFC) Application to the FAA on December 9, 1997 by Ordinance No. 023165. The FAA approved the appli<Attion and issued a Record of Decision dated April 14, 1998 stating PFC collections would begin July 1, 1998 for a period of approximately 20 years, or until the full amount approved for collection had been collected. An amendment to this application was submitted to the FAA on June 7,2001 and was approved by the FAA on June 25, 2001. The approved amendment includes revisions to project scopes and/or budgets for completed. In-progress, or pending Capital Improvement Projects at CCIA. Revisions to the PFC Application were required to support the Council-adopted Airport Capital Improvement Program, including the Terminal Construction Program and the Landside Roadway System Reconstruction Improvements. and the corresponding Airport Revenue Bonds sold in August 2000 In addition, project budgets were adjusted to reflect actual expenditures. 1'1-' 1 01' ,fl,. cxnWa l\ ~.. ..c_, ORDINANCE APPROPRIATING $172,933 IN PASSENGER FACILITY CHARGE FUND 4621 FROM UNRESERVED FUND BALANCE FOR AIRPORT LANDSIDE ROADWAY SYSTEM RECONSTRUCTION IMPROVEMENTS; AMENDING FY 2004~2005 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026188 TO INCREASE APPROPRIA TIONS BY $172,933; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $172,933 in Passenger Facility Charge Fund is appropriated from unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements. SECTION 2. That FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 is amended by increasing appropriations by $172,933. . 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 ,2006. ATTeST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Legal form approved July 18, 2006 Henry Garrett Mayor ~~-~ Lisa Aguilar -. Assistant City Attorney For City Attorney .............,,_.. Corpus Christi, Texas _________ Day of _________. ,2006 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: l/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 Council Members The above ordinance was passed by the followtng vote: Henry Garrett Brent Chesney John E Marez Melody Cooper Jeny Garcia Bin Kelly Rex A. Kinnison Jesse Noyola Mark Scott ....., . ;,- 16 - - CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 25,2006 AGENOA ITEM: Ordinance appropriating $828,707 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Passenger Loading Bridges at the Airport; amending FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $828,707 and declaring an emergency ISSUE: Passenger Facility Charges (PFC's) for the Corpus Christi International Airport were approved for this purpose by the Federal Aviation Administration (FAA) in 2003. The PFC funds are collected from the airlines and are used for Capital Improvements including the Terminal Reconstruction Project and the Passenger Loading Bridges installed during the Terminal Project. PFC revenue must be appropriated prior to any expenditure of funds REQ~ED COUNCIL ACTION: All Reeolutions and Ordinances require Council approval. PREVIOUS COUNCIL ACTION: 1 S.,tember 22, 1992 - Ordinance authorizing the collection of a Passenger Facility Charge of $3.00 per entlaned passenger for a period of five years beginning November 1, 1992 and ending October 31, 1997 (Ord. 021483) 2 September 9, 1997 . Ordinance extending the collection period from October 31, 1997 to May 31, 1998 COrd. 023057) 3 December 18,1997 - Ordinance to submit an application (No.2) to FAA to collect and use a PassEIIIger Facilty Charge of $3.00 per enplaned passenger at CCIA for a period of twenty years beginning June 1, 1998 (Ord 023165) 4 September 18, 2001 - Ordinance authorizing an amendment to the Passenger Facility Charge application increasing the allowable collections and extending the collection period to April 1 , 2023. (Ord. (24603) 5. September 18, 2001 - Ordinance appropnating Passenger Facility Charge application reimbursement to the city for approved PFC funded projects previously paid from Airport Capital Reserves, Bonds, Interest and operating funds and for the Terminal Building Reconstruction project. (Ord. (24585) 6 January 14, 2003 - Ordinance authoriZing an amendment to the Passenger Facility Charge appliQlltion increasing the PFC collections from $3.00 to $4.50 and extending the collection period to Januaty 1, 2027. (Ord. 025166) 7 MatICh 25,2003 - Ordinance appropriating $995,812 in Passenger Facility Charge Fund 4621; transferring $730,537 into the Airport 2000A Debt Service Fund 4640 and $265,275 into the Airport 2000BDebt Service Fund 4641 for debt service payments on airport improvements; Amending FY ,.""c'20P". o'u..Jg. "" ".> I..,..,....,.'"" """. r.'')/::.:1..111 fF. :.C'f.">e- ~lf'l", approp"'l.ati.on"" by $90.!:; 01') o"...._oc "",-J.,d tJ U y~ )1 "-l'i I'<~; i"'",-'~"'-_' ! ,0,,), -..~",-,~.-,', ;,.t~-t l.\j !l h""j (,.;;;tv . ,;;, ;;"J;J,Q L1 and declaring an emergency (Ord 025249) 8 July 22,2003 - Ordinance appropriating $509,474 in Passenger Facility Charge Fund 4621 from unre.-ved Fund Balance; transferring $288.185 into the Airport 2oo0A Debt Service Fund 4640 and $221,.9 into the Airport 20008 Debt Service Fund for Debt Service payments on Airport Improvements; amending FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $509,474, and declaring an emergency (Ord 025388) 9 October 14, 2003 - Ordinance appropriating $508,848 in Passenger Facility Charge Fund 4621 from unreserved Fund Balance; transferring $489,201 into the Airport 2oo0A Debt Service Fund 4640 and $19,647 into the Airport 2000B Debt Service Fund for Debt Service payments on Airport Improvements; amending FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $508,848; and declaring an emergency (Ord 025519) 10 May 11, 2004 - Ordinance appropriating $ 1,089,744 in Passenger Facility Charge Fund 4621 from unres9fVed fund balance for Airport Landside Roadway System Reconstruction Improvements; amen<ing FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $1,089,744 and declaring an emergency (Ord 025743) 11. September 14, 2004 Ordinance appropriating $150,000 into the Passenger Facility Charge Fund 4621 fnNn unreserved fund balance for passenger loading bridges at the Airport; amending FY 2003- 2004 capital Budget adopted by Ordinance no. 025647 to increase appropriations by $150,000; and declaring an emergency (Ord 025952) 12 January 18, 2005 - Ordinance appropriating $787,067 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements; amending FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $787,067 and declaring an emergency (Ord 026112) 13. January 25,2005 - Ordinance appropriating $957,594.17 in Passenger Facility Charge Fund 4621 from urlleserved fund balance; transferring $957.594.17 into the Airport 2000A Debt Service Fund 4640 for debt service on airport improvements; amending FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $957,594.17: and declaring an emergency (Ord 026118) .. 14. October 11,2005.. Ordinance appropriating $40,000 in the Airport Passenger Facility Charge Fund 4621 from Unreserved Fund Balance; for Airport Landside Roadway System Reconstruction Improvements; amending FY 2004-05 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $40,000: and declaring and emergency (Ord 026498) FUNDING: Funds ate available in Passenger Facility Charge Fund 4621 $828,707.00 CONCLUSION AND RECOMMENDATION: Staff reoemmends approval of the Ordinance as presented ~~ ~ --. Dave Hamrick / Director of Aviation Attachments : Exhibit A: Background .~ BACKGROUND INFORMATION BACKGROUND: City CounCIl approved the submittal of a second Passenger Facility Charge (PFC) Application to the FAA on December 9, 1997 by Ordinance No. 023165. The FAA approved the appliCltion and issued a Record of Decision dated April 14, 1998 stating PFC colledions would begin July 1, 1998 for a period of approximately 20 years, or until the full amount approved for collection had been collected. An amendment to this application was submitted to the FAA on June 7,2001 and was approved by the FAA on June 25, 2001. An additional amendment for the collection of PFCs for the Passenger Loading Bridges was approved in March, 2003. The approved amendments include revisions to project scopes and/or budgets for completed, in-progress or pending Capital Improvement Projects at CC IA. RevIsions to the PFC Application were required to support the Council-adopted Airport Capital Improvement Program, including the Terminal Construction Program and the Landside Roadway System Reconstruction Improvements, and the corresponding Airport Revenue Bonds sold in August 2000. In addition, project budgets were adjusted to reflect actual expenditures. Exhibit A ORDINANCE APPROPRIATING $828,707 IN PASSENGER FACILITY CHARGE FUND 4621 FROM UNRESERVED FUND BALANCE FOR PASSENGER LOADING BRIDGES AT THE AIRPORT; AMENDING FY 2004-2005 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026188 TO INCREASE APPROPRIATIONS BY $828,707; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $828,707 in Passenger Facility Charge Fund is appropriated from unreserved fund balance for Passenger Loading Bridges at the Airport. SECTION 2. That FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 is amended by increasing appropriations by $828,707. 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 , 2006. ATTEST THE CITY OF CORPUS CHRISTI -. _._,.,-,_..~.._--_. --_. --...--.- Armando Chapa City Secretary - - Henry Garrett Mayor Legal form approved July 19, 2006 , L~~lar~-'4<~ - Assistant City Attorney For CIy Attorney Corpus Christi, Texas ____~ _ Day of _____________, 2006 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 atthe present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott ~"'- 17 ~'.."","""" CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 25, 2006 AGENDA ITEM: Ordinance appropriating $125,000 in the Airport Operating Fund 4610 from unreserved fund balance and $75,000 from Aviation Reserve Fund Balance for Emergency Airport Chiller System rental and repairs; amending FY 2005-2006 Operating Budget adopted by Ordinance no 026385 to increase appropriations by $200,000; and declaring an emergency. ISSUE: The Airport expended funds to repair the Airport Chiller system due to extensive unforeseen problems with the chillers. The problems caused the Airport to be without chilled air for the Terminal building. The cost includes funds to rent temporary chillers until a permanent solution to replace the current chiller system is In place The total cost for the repairs and rental of temporary chillers exceeded $200,000.00 for this fiscal yea! REQUIRED COUNCIL ACTION: All Resolutions and Ordinances require Council approval. PREVIOUS COUNCIL ACTION: None FUNDIHG: Funds are available in the Airport Operating Fund Balance and the Aviation Reserve Fund Balance: $200,000.00 . CONClUSION AND RECOMMENDATION: Staff recommends approval of the Ordinance as presented. LfJ..._-/0'J..- ~ Dave Hamrick Director of Aviation Attachments: Exhibit A: Background BACKGROUND INFORMATION The Airport had significant problems with both of our 440 ton Trane absorption gas fired chillers in March and and again in May of this year which cost over $200,000 for the repairs and rental units including fuel cost After an analysis by the manufacturer's representative, engineering and airport staff. it was determined that the best course of action was to replace the chiller system and not repair the current chiller system in place This was mainly due to the corrosion, age, and type of chillers we have which have proven to be very expensive to maintain and operate as well as the Airport needs to be able to rely on a system that will consistently perform at peak times through out the year. Temporary electric chillers were put In place In May of this year and will continue to operate until the new system IS installed later thiS year Airport and Engineering staff are currently In the process of working with an engineering firm to design a new chiller system for the airport a~. a long term solution to the problem. It is estimated that this process will take about SiX to nne monU1S to complete in which we will need to continue to rent portable chiller units te. continue to provide cooled air to the building ..... ORDINANCE APPROPRIATING $125,000 IN THE AIRPORT OPERATING FUND 4610 FROM UNRESERVED FUND BALANCE AND $75,000 FROM AVIATION RESERVE FUND BALANCE FOR EMERGENCY AIRPORT CHILLER SYSTEM RENTAL AND REPAIRS; AMENDING FY 2005-2006 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 026385 TO INCREASE APPROPRIATIONS BY $200,000; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $125,000 in the Airport Operating Fund 4610 is appropriated from unreserved fund balance and $75,000 from Aviation Reserve Fund Balance for emergency Airport Chiller System rental and repairs. SECTION 2. That FY 2005-2006 Operating Budget adopted by Ordinance No. 026385 IS amended by increasing appropriations by $200,000. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the _day of ,2006. ATTEST THE Cl-TY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Legal form approved July 19, 2006 -J - ~. '"'...;./Yt-. _ ~ ~._.'- ",_~,,'.-._. Lisa Aguilar AS$istant City Attorney For City Attorney "!!I!I!lIII!""''''~ Corpus Christi, Texas _____ Day of ___ ,2006 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 sutpend said Charter rule and pass this ordinance finally on the date it is introduced, or at Ile present meeting of the City Council. Respectfully, Respectfu lIy, Henry Garrett Mayor Council Members The above ordinance was passed by the followtng vote: Henry Garrett Brettt Chesney John E. Marez Meledy Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott ""'IllIIP"',....;,...,o 18 ~.._- CITY COUNCIL AGENDA MEMORANDUM DATE: July 25, 2006 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a Use Privilege Agreement with R.E.E., Inc. dba McDonald's Restaurant (Owner), tor the right to plant and maintain approximately 432-square teet (3' wide x 144' long) ot landscaped sectioned area within the Morgan Avenue public right-ot-way, adjacent to the McDonald's Restaurant building, located at 2021 Morgan Avenue; establishing a tee at $1,140.00; and declarin~J an emergency. ISSUE: R.E.E. Inc., submitted a request to plant and maintain a landscaped sectioned area within the Morgan Avenue public right-at-way, adjacent to the McDonald's Restaurant building. Except tor landscaping permitted within the Morgan Avenue right-ot-way, all other uses, including parking, will be contained within the private property. REQUIRED COUNCIL ACTION: City Charter requires City Council approval tor use ot any portion of public right-at-way tor private purposes RECOMMENDATION: Staff recommends approval ot the ordinance as presented. i~p'~/ __Acting Director at Development Services Attachments: Exhibit A - Background Exhibit B - Ordinance Exhibit C - Site Location Map ~ AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Background and Purpose of Agreement R.E.E., Inc. dba McDonald's Restaurant (Owner) requested a Use Privilege Agreement (UPA) from the City of Corpus Christi to for the nght to plant and maintain a landscaped sectioned area within the Morgan Avenue public right-of-way adjacent to their McDonald's building, located at 2021 Morgan Avenue R E.E, IIie presently has c' McDonald s Rf:~staurallt at the Morgan Ave. and SH 286 (Crosstown) Access Road intersection, i>lld IS wanting to plant and maintain approximately 432-square feet (3' Wide x 144 long) of landscaping within the southern portion of the Morgan Avenue public right-of- way, just west of the Intersection adjacent to their building, located at 2021 Morgan Avenue. RE.E,lnc ,jba McDonald's, went before tile Zoning Board of Adjustment on Wed., June 21,2006, requesting <.-J variance to reduce the requirements of the Landscaping Ordinance. As part of the L.andscape Ordinance, there is an alternative compliance that requires it to go to the Zoning Board )f Adjustment, t)ut pnor to I'lat a Larldscape Review Committee had to review the site plan and 'nake a r(~curnrnendat!or to the Zoning Board of Adjustment The current McDonald s that is presently located at the Morgan Ave. and Crosstown intersection will ()e demolished and a new facility builL Tr1e only thing that will not be demolished is the McDonald's sign. The committee was in agreement that the proposed site plan was a much better design than what is in place at the current time and that the size and shape of the lot was unique and a variance to landscape reqUirements would be appropriate for this location. The committee wanted the applicant to meet the required square footage and pomts by ordinance through agreements with the City and State for the usage of right- )f-way adjacent to the property f~ E.E., InJba McDonaid's as owner or tne proposed landscaping will be solely responsible for the appearance and rnaintenance of the landscaping All public and franC'llsed utiliues were cO:ltacted. None of the city and private franchised utilities had any objections, provided the applicant meets the specified conditions set out in the UPA. The applicant has been aC:ivised )f ancj concurs with the conditions of the Use Privilege Agreement. I~ one-tjmt~ fee at ~.LljO 00 is recornrnenejed for the UPA en\ EXHIBIT A 1!IIIf!"...... '~SF FROM: Michael N. Gunning, !\,cting Director of Development Services DATE: July 10, 2006 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: Julv 25.2006 ORDINANCE CAPTION: ()rdinance authorizing the City Manager. or his designee, to execute a Use Privilege Agreement with R.E.E., 1!1C. dba McDonald's Restaurant (Owner). for the right to plant and maintain approximately 432-square feet (3' .vIde x 144' long) of landscaped sectioned area within the Morgan Avenue public right-of-way, adjacent to the McDonald's Restaurant building, locate(j at 2021 Morgan Avenue; establishing a fee of $1.140.00; and jeclaring an emergency OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: ~PECIFIED CONDITIONS AS PART OE~LQSURE: R EE, Inc. dba McDonald's Restaurant (Owner), pay the $1.140.00 UPA fee for the planting and maintaining of approximately 432-square feet (3' Wide x 144' long) of landscaped sectioned area within the Morgan Avenue public right,ot-way Owner must maintain and Irrigate the landscaped area, located on owner's property and within the Morgan Avenue public right-of-way at all times An Engineering Permit Will be reqUired, prior to any maintenance work, irrigation work, and replacement at the Improvements .:+ Owner agrees to compiy with all the specified conditions and provisions as set out in the Use Privilege Agreement R,,',E,_OUEWB)'. FA/ ~ ' _~/'C/wd~ <' Michael N. Gunning, AICP Acting Director of Development Services DATE: -7. ('3'O~ L\PPROVED TE EXHIBIT B AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH R.E.E., INC., DBA MCDONALD'S RESTAURANT, (OWNER) fOR THE RIGHT TO PLANT AND MAINTAIN APPROXIMATELY 432-SQUARE FEET (3' WIDE BY 144' lONG) OF LANDSCAPED SECTIONED AREA WITHIN THE MORGAN AVENUE PUBLIC RIGHT-Of-WAY, ADJACENT TO THE MCDONALD'S RESTAURANT BUILDING, LOCATED AT 2021 MORGAN AVENUE; ESTABLISHING A FEE OF $1,140.00; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a use privilege agreement with R.E.E, Inc., dba McDonald's Restaurant (Owner), for the sole purpose and right to plant and maintain a 3' wide by 144' long landscaped sectioned area tor landscaping purposes only within the Morgan Avenue public right-ot- way, adjacent to the McDonald's Restaurant building, located at 2021 Morgan Avenue. SECTION 2. That Owner will comply with the terms and conditions of the use privilege agreement a copy of which is on file with the City Secretary, and be subject to the following conditions as part ot the use privilege agreement: 1. R.E.E., Inc.. dba McDonald's Restaurant, (Owner), pay the $1,140.00 Use Privilege Agreement fee for the planting, and maintaining of approximately 432- square feet (3' wide by 144' long) of landscaped sectioned area within the Morgan Avenue PUblic right-ot-way. 2. Owner must maintain and irrigate the landscaped area, located on owner's property and within the Morgan Avenue public right-ot-way, at all times. 3. An Engineering Permit will be required, prior to any maintenance work, irrigation work. and replacement of the Improvements 4. Owner agrees to comply with all the specified conditions and provisions as set out in the Use Privilege Agreement. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and 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 25th day of July, 2006. II LFG-DrRShared\(iarySag<.'llda ~()()h \I".":~ ()Rliura-rvldJ,'naldsdlh' -. ATTEST: CITY OF CORPUS CHRISTI Annando Chapa City Secreta ry Henry Garrett Mayor Approved July 19, 2006 BY:~~ ary . Smith Assistant City Attorney For City Attorney f1.\LF'G-1 HR' Sharcd\CiarySag('oda\..?OOo'()7 -25\ORD-upa- McDonalds,doc Corpus Christi, Texas ____day of ,2006 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: l!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 IEG-DIR Shared\(jw,') a}2end.120IJh W :'i 'IRI>-upa-i\ld)onaldsdol "~ ~ U,::: LJ ", ~ () { o\i O"l~ "l~ t!; "'z '0>" 1:J VI n ~ fTl '-.~" / -~ ~7 t-: t:l --:., .h ,.J" (; -$- t:." o. . \"/ '- .",,;,:'. ,/' ' o).,"b~~r- ~/ 7')-,~ ....~ \..9<3~ , //'/ " a I g ,;1 'l :Jl i ~ 0 I II ~ ~I J: J: Ii f5 i ~ ~1!11 111!i ~: ~ - ! - ;:~ - Q . ~ I gft ": ~ :; ~ ! I (;) I!! 111 Ni;!, 1-4~'~ ::II ~ !~ I ~~I ~ ~ It. ,; !f!) 1<: " I" I ' @~JI ! ; ';'1 I < 'i' ; i!m - Pi" 1:1 tI ~ If s- . .. .,.~ ~ ~ !l~. i! i ~ ~ ~ ~l~,! ; (I, . . "I"f I ! ~!~ ~~~! j : .:o!'>,"" " ' w ,'---1 o.~ crCJ ,,2: A 10 -i>', J!J~I ~~ '\ ' ..;;k, {$; ~ Iii{; ~ ."N::;~J ~,~ -0-<,0 "" ,',.s ,.f / ! I I L .'-, " // / J~ fi";;,; ~r}il' ~s ii:Q I~f!!~ ir;~ ~f f 5' J . III fa~, ~ . '5 eLl J , .,.. .li.. ,,~ ~@[Q)@[fi)@O(Qt@. --::-.:=::::- ~...::--=-- .,. ..0 ,~ ~ ~( ~ (~4"( - . ~,- . I~ J: VI -'I // 0"""'> ...:) ~slsO'6 %?' r,O \. c ~ -'-'--'.--~ - ~_..~-~-;~ ~ ?~'hn.. ~sr r VI -c V' EXHIBIT C Windows Live Local Page 1 of 3 EXHIBIT C ~ 19 ..............- ""'" CITY COUNCIL AGENDA MEMORANDUM July 25, 2006 AGENDA ITEM: Ordinance abandoning and vacating a 1 ,592.68-square foot portion of a 10-foot wide utility easement out of Lots 20-23 and Lots 45-48, Block 11, Flour Bluff Park, located approximately 150 feet north of the South Padre Island Drive street right-of-way, adjacent to the Flour Bluff Drive street right-of-way; subject to compliance with the specified conditions: and declaring an emergency. ISSUE: The reason for the closure of the utility easement is to allow the future construction and development of a new commercial structure proposed to be built over said easement. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of an easement. IIPLEMENTATION 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. Michael unni g,AICP Acting Director of Developmen Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND. Urban Engineering, on behalf of Applied Petroleum Technologies, is requesting the abandonment and vacation of a 1,592.68-square foot portion of a 10-foot wide utility easement out of Lots 20-23 and Lots 45-48, Block 11, Flour Bluff Park, in order to aocommodate the future extension and construction of the Circle K Store, located at the northeast quadrant of S Padre Island Drive and Flour Bluff Drive, to be constructed over alllor portions of the existing utility easement. The easement to be abandoned and vacated is located in a '"B-3" Business District. All public and franchIsed utilities were contacted regarding the vacating and abandonment of the utility easement. City Gas Department has an existing 6" gas line that will have to be abandoned in place at owner's expense. City Wastewater Department has an existing manhole and an 8" sanitary sewer line that will be abandoned. Owner will be responsible for submitting construction plans and installing a new fiberglass manhole as per Wastewater Department's approval. AT&T and AEP have no objections, but will seek reimbursement if adjustments to their facilities become necessary. None of the other city departments and franchised utility companies had any facilities within the easement or any objections to the easement being vacated and abandoned. Staff recommends payment of the fair marketvalue of $4,000.00 for the abandonment and vacation of a 1,592.68-square foot portion of a 10-foot wide utility easement. The owner has been advised of and concurs with the conditions of the easement closure. EXHIBIT A ~. ,- FROM' Michael Gunning, AICP, Acting Director of Development Services DATE: July 17,2006 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: Julv 25.2006 ORDINANCE CAPTION: Ordinance abandoning and vacating a 1,592.68-square foot portion of a 1 O-foot wide utility easement out of Lots 20-23 and Lots 45-48, Block 11, Flour Bluff Park, located approximately 150 feet north of the South Padre Island Drive street right-of-way, adjacent to the Flour Bluff Drive street right-of-way; subject to compliance with the specified conditions; and declaring an emergency. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume 7 Pages 52-53, of the Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: Owner must pay the fair market value of $4,000.00 for the abandonment and vacation of the total 1 ,592.68-square foot portion of the 1 O-foot wide utility easement. 2 Gas Department has an existing 2" gas line that will be abandoned in place at owner's expense. 3) City Wastewater Department has an existing manhole and an 8" sanitary sewer line that will be abandoned in place at owner's expense. Owner will be responsible for submitting construction plans and installing a new fiberglass manhole as per Wastewater Department's approval. 4) AT&T and AEP have no objections, bYt will seek reimbursement if adjustments to their facilities become necessary 5 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. 6' Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. ces DATE: 7-!Q---QS APPROVED: DATE: EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A 1,592.68-SQUARE FOOT PORTION OF 1 a-FOOT WIDE UTILITY EASEMENT OUT OF LOTS 20-23 AND LOTS 45-48, BLOCK 11, FLOUR BLUFF PARK, LOCATED APPROXIMATELY 150 FEET NORTH OF THE SOUTH PADRE ISLAND DRIVE STREET RIGHT-OF-WAY, ADJACENT TO THE FLOUR BLUFF DRIVE STREET RIGHT-Of-WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, Urban Engineering, on behalf of Applied Petroleum Technologies, requested the abandonment and vacation of the property as a utility easement to allow for the future construction and development of a new commercial structure proposed to be built over the easement; and wtfEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the 10-foot utility easement for utility 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 1,592.68-square foot portion of the 10-foot easement is abandoned and vacated out of Lots 20-23 and Lots 45-48, Block 11, Flour Bluff Park, the plat thereof is recorded in Vol. 7, Pages 52-53 of the Map Records of Nueces County, Texas, located approximately 150 north of the South Padre Island Drive street rigllt-of-way, adjacent to the Flour Bluff Drive street right-of-way, for public use as a u~ easement (described on attachmenr hereto), subject to Applied Petroleum Technologies' compliance with the following specified conditions as part of the abandonment and vacation: 1) Owner shall pay the fair market value of $4,000.00 for the abandonment and vacation of the 1 .592.68-square foot portion of the 10-foot wide utility easement 2) Gas Department has an existing 2" gas line that will be abandoned in place at Owner's expense. 3) City Wastewater Department has an existing manhole and an 8" sanitary sewer line that will be abandoned in place at Owner's expense. Owner will be responsible for submitting construction plans and installing a new fiberglass manhole as per Wastewater Department's approval. 4) A T& T and AEP have no objections, but will seek reimbursement if adjustments to their facilities become necessary. H: Leg! gar \- v.. s. agenda/200(v 07-.' 5/FlourB luffi> ark easement abandon 5) Upon approval from City Council and issuance of the ordinance, all grants of easement closures must be recorded at the owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to building pennit 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. 6) 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 finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and 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 on this 25th day of July, 2006. ATTEST: CITY OF CORPUS CHRISTI Henry Garrett Mayor, City of Corpus Christi Armando Chapa City Secretary APPROVED: July 19,2006. tiL' ry . Smith Assistant City Attorney For City Attorney H:Leg/garyws/agenda 2006/07 25/FlourBluftPark easement abandon Corpus Christi, Texas day of _______, 2006 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. IIwe, therefore, request that you slapend 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 Jom Marez Jerry Garcia Wilam Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott If:Leg! garyws/agenda/2006/(l7 -2 O'i/FlourBluflPark easement abandon - - <i It: c; > 1: o :s m '- ;:, o IL \ \ ..........^'..... ~ It) ~ - .9 0) ~ ~ o ~ ~ ~ ~ - .9 ~ - .9 ~ : ~ k ::il i1 in I I.::i I 10 I I I in ~ N LJ~ ,U" :::l N ..~ '0 ilg ~~~ '--1:! o \: 00'" --. :. AI...!;?rO.~9N (seIJD^ '~"O'~) 'MIJO puolsl 8JPOd 4lnoS : :9 LaJ 088 ~ . . (1)00 --- o ~ :9 LaJ ~~~ ~&1~ mbb coCO z(I) ~ ~ I.&J Z_N :J..J..J ~ .... :9 o co ~'~ .~.~ ~ ~ ~ :9 OSlOl .... I::" I C)fIi ~il~ i!;: :s: ~~.s.o g =llicS 6 l~ ~ I c a ~.!l ~ \J c:) -4:;..... \J - ~.It! () ~ ~~~1 C eN'a-tl:: ~ il(\j~~ ~"":l:I~ ('If . ~ li ~~1 ~ ~~~~ ~""a5 ~ ~'(;~~ ii1l~ C<: EXHIBIT C r-....~ '" "', ~ ~~~ ~ >"-" I I :v Q \ \ ~ r(/ ^-) a ~ '1)0' C /' I ~'-,1-"" j / ( () .--..., r I ~\ 11 I~ if I 7 ; \-0J?r \ c:::~ ~ l ') ,/-_...J -' ./ ., \ \ \ \.. ".. -,\ n ) J . .~~ /~/~\ ~ /~~V ~~~ a~ .~) /v / CD 8 ~ . ~~ . ~l!5m ... ... a:~~~ii lOwOH ~ti~i S ~i~ c 0 :g ~ ~ " ~ c c ~ i .. c " 0 ~ 0 .Q 0 c c J 1:: .8 0 :g ^,1.Jn~ c8 .. 0 en z V> m n. u -, 0 .. II!"N,O -----._---- UOldwoJ W04OJ:l OJ > ~ --r ~ g c: e ~ '0 "0 .Q 3: w08SOl8 DW () 8unr t: co to :r: " X "E " W ~ "umlleJ::J UOaJ08 g .., .., " '" ::l in :; o c;: OPIJlOd uoa ffl JT- r E ~! . ~ . ~ ! j f 0 0 t-\-UOfCl^lO ~ _l.~., .. c " ~ enp.Jnd IOOIpS ~~-~~~_!~_.,_. -.--- --- -j PJoUJrn"l3S ~ ...we'''4lJOS.. I S ~ .(lHOWLl lS - ;;;'~'Ln,;u6-- lS I _ {jofx>J9Is,<"Od IS ^UO~I IS P!p8u"l3 IS eWOPJr; lDj~018J.JV J!U!W "IDp~OO 20 '~-""'- CITY COUNCIL AGENDA MEMORANDUM July 25, 2006 AGENDA ITEM: Ordinance abandoning and vacating a 823.50-square foot portion of a 10-foot wide utility easement out of Lot 2A. Block 8. Matt Dunn Subdivision. located just southeast of and adjacent to the Ocean Drive street right-of-way; subject to compliance with the specified conditions; and declaring an emergency. ISSUE: The reason for the closure of the utility easement is to allow the future construction of a new residential structure and allow the owners to meet the required sideyard setbacks on that lot. 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 ~ Michael Gu~ning.AICP Acting Director of Oevelo Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map ~.._. AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND Mr. & Mrs. Thomas Herrlich, are requesting the abandonment and vacation of an 823.50- square foot portion of a 10-foot wide utility easement out of Lot 2A, Block 8, Matt Dunn Subdivision. Mr. & Mrs Thomas Herrlich are requesting the closure of the utility easement to allow for the future construction of a new residential structure and allow the owners to meet the required sideyard setbacks on that lot. The easement to be abandoned and vacated IS located in Zone R-1A "One-Family Dwelling District" within the city limits of Corpus Christi. All public and franchised utilities were contacted. None of the city departments or franchised utility companies had any facilities within the utility easement. There were no objections regarding the proposed utility easement abandonment. Staff recommends payment of the fair market value of $ 4.890.00 for the abandonment and vacation of an 823.50-square foot portion of the 10-foot wide utility easement. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. EXHIBIT A ~'.- FROM: Michael Gunning, AICP, Acting Director of Development Services DATE: July 17, 2006 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: Julv 25, 2006 ORDINANCE CAPTION: Ominance abandoning and vacating a 823.50-square foot portion of a 10-foot wide utility easement out of Lot 2A. Block 8, Matt Dunn Subdivision, located just southeast of and adjacent to the Ocean Drive street right-of- way; subject to compliance with the specified conditions; and declaring an emergency. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume 60, Page 95. of the Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: 1) Owner must pay the fair market value of $4.890.00 for the abandonment and vacation of the total 823.50-square foot portion of the 1 O-foot wide utility easement. 2) 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. 3) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. DATE: ?-/9-aG APPROVED: DATE: EXHIBIT B .......,~ AN ORDINANCE ABANDONING AND VACATING A 823.50-SQUARE fOOT PORTION OF 10-fOOT WIDE UTILITY EASEMENT OUT Of LOT 2A, BLOCK 8, MATT DUNN SUBDIVISION, LOCATED JUST SOUTHEAST Of AND ADJACENT TO THE OCEAN DRIVE STREET RIGHT-Of-WAY; SUBJECT TO COMPLIANCE WITH THE SPECifiED CONDITIONS; AND DECLARING AN EMERGENCY, WltEREAS, Mr. and Mrs. Thomas Herrlich, requested the abandonment and vacation of the property as a utility easement to allow the future construction of a new residential structure and allow the owners to meet the required side yard setbacks on the lot; and vvttEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the 10-foot utility easement for utifity purposes, subject to the provisions below. NOW, THEREfORE, BE IT ORDAINED BY THE CITY COUNCIL Of THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SIeTION 1. That the 823.50-square foot portion of the 10-foot easement is abandoned and vacated out of Lot 2A, Block 8, Matt Dunn Subdivision, the plat thereof is recorded in Vol. 60, Page 95 of the Map Records of Nueces County, Texas, located just southeast of and adjacent to the Ocean Drive street right-at-way, tor public use as a utilty easement (described on attachment hereto), subject to Mr. and Mrs. Thomas Herrlich's compliance with the following specified conditions as part of the abandonment and vacation' 1) Owner shall pay the fair market value at $4,890.00 for the abandonment and vacation of the 823.50-square foot portion of the 10-foot wide utility easement 2) Upon approval from City Council and issuance of the ordinance, all grants of easement closures must be recorded at the 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. 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 finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two H: Leg! gar\wsl agenda/2 006/1)7 - = 5IMattDUlmS ubd easement abandon regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure on this 25th day of July, 2006. ATTEST: CITY OF CORPUS CHRISTI Henry Garrett Mayor, City of Corpus Christi Armando Chapa City Secretary APPROVED: July 19,2006. 1};'~l~J Ga W. Smith Assistant City Attorney For City Attorney H:Leg/garyws/agenda/2006/07 - 25IMattDunnSubd easement abandon '.....' ,.,- Corpus Christi, Texas __ day of__________. 2006 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an e....ergency 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 John Marez Jerry Garcia Wlliam Kelly Rex A. Kinnison Melody Cooper Jesse Noyola MIlrk Scott H:Leglgaryws/agenda 200h'0725/MattDunnSubd easement abandon - JAQ( PHIUP KElSO, &. WIFE VOL 1213, PG. 204 (D.R.N.cT) ;CD \/8" LR . N 310 09' 36"W 99.98') iN 31021' 31"W 100.00'] 5.00'- I FD 1"1 P f-s'u.E.. ~~ NO MO ;"''r OLJ"l Q Q <7\ ro lJ) LJ"l ~~ LOT 2A c}l) l/1 10'UE--{/~ I ~~ ~rJ~ I:: :::a!:" I ~ ~ :::r::: ~~ ~ 1~ I &, g, o ,0 LO tI"l a> ~ ZZ ~~Z 1"-''-' LOT 1A MATT DUNN SUBOIVISl V.2S, P.86 (M.R.N.C. T.) LOT A SUNRISE ~CE v.19, P.43 {M.R.N.c.T.) ;;:~ "'''' <Xl ro .... .... 823.5 S.F. --rJ I k1 I .M ~ . (J I __J ....------ UJ :::l Z UJ ~ l.-' Z i: UJ -l LOT 9 .-----' ,0' ,'..\>-. ---- - . \ ,<; ,R 1..-. ..-----.-- Q 2Q' 4Q"f ~~S 44 ~ QR\\}t. BOg OC~ l. 0' oo.'1'li ~ to ". EASEMENT ClOSURE Illis property fies within Zone C according to ARM -!!L ~ [s not .,;thln the 100 year Flood Plane EXHIBIT C 04-6 823.5 S.F. of a 10' Utility Easement within Lot 2A, Block 8, Matt Dunn Subdivision V. 60, P.95, (MRNCT), Corpus Christi, Nueces County, Texas. 06/05* DATE: REVISION: CREW: OFFICE: GF #: JOB #: RS&l RV& .. SCALE 1" - 30' ~\~ &JfJ@il[jf]~[]9@9 il[jf]@U ~4VmI~~ ~~~~~~~ ~~~~~ SHEET 2 OF 2 ~""~ 21 ~.""'iIIll' CITY COUNCIL AGENDA MEMORANDUM . City Council Action Date: June 27,2006 AGEIIOA ITEM: Ordinance authorizing the City Manager or his designee to execute a long-term lease agreement, five (5) yers, with San Antonio MTA, L.P. D/B/A Verizon Wireless to construct, maintain and operate a sixty foot (60') high monopole type tower for use in connection with providing communications services at the Corpus Christi International Airport in consideration of an annual rental fee and extended autoMatic rental terms being three (3) successive periods of five (5) years each; and providing for publication ISSlE: Veri.., Wireless approadled Airport staff last year wanting to locate a 60' monopole tower on the east side Of the terminal building to improve their communication network in the airport and the surrounding area. The original lease term is for five years, with three (3) automatic five year renewals. The Airport will .-.:eive $66,000.00 for the first five year term, $75,900.00 for the first renewal period, $87,285.00 for the second renewal period, and $100,378.00 for the third renewal period, for a total of $329,563.00 in reWtnue during the lease terms. REtWlFED COUNCil ACTION: Coul'lltil approval is required on all Ordinances and lease agreements. PR~S COUNCil ACTION: No plevious action has been taken FUNlMNG : None CONCLUSION AND RECOMMENDATION: The Airport Board and staff recommend acceptance of the ordinance as presented. iJ2~~ Department Head Signature AttacI1ments: None '~.......... T BACKGROUND INFORMATION - Verizon Wireless approached the Airport in earty 2005, desiring to place a 60' monopole tower at the Airpott to improve their communication network in the area surrounding the Airport. We began negotlltions with them in mid 2005. Since then we have received the Federal Aviation Administration approval based on an Aeronautical Study completed by Verizon Wireless in March, 2005. Verizon Wireless also completed an Interference Study last month which indicated there was no interference be~ current communication systems at the Airport and the communications on the tower Verizon is proposing to install ......'......'..-. AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LONG-TERM LEASE AGREEMENT, FIVE (5) YEARS, WITH SAN ANTONIO MTA, L.P. D/B/A VERIZON WIRELESS TO CONSTRUCT MAINTAIN AND OPERATE A SIXTY FOOT (60') HIGH MONOPOLE TYPE TOWER FOR USE IN CONNECTION WITH PROVIDING COMMUNICATIONS SERVICES AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT IN CONSIDERATION OF AN ANNUAL RENTAL FEE AND EXTENDED AUTOMATIC RENTAL TERMS BEING THREE (3) SUCCESSIVE PERIODS OF FIVE (5) YEARS EACH; AND PROVIDING FOR PUBLICATION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute a long-term lease agreement, five (5) years, with San Antonio MTA, L.P. d/b/a Verizon Wireless to construct maintain and operate a sixty foot (60') high monopole type tower for use in connection with providing communications services at the Corpus Christi International Airport in consideration of an annual rental fee and extended automatic rental terms being three (3) successive periods of five (5) years each. SECTION 2. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. OR!> 4 Lease" Ith Ven.T.on II:. '-..- .- That the foregoing ordinance was read for the first time and passed to its second reading on this theaT"day of __~_, 2006, by the following vote: Henry Garrett _~ Bill Kelly ~ Brent Chesney _~ Rex A. Kinnison ~ John E. Marez ~ Jesse Noyola /\ n. oj o. - . Melody Cooper =~ Mark Scott ~ Jerry Garcia _~ That the foregoing ordinance was read for the second time and passed finally on this the _ day of _______, 2006, by the following vote: Henry Garrett Bill Kelly Brent Chesney Rex A. Kinnison John E. Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia APPROVED AND PASSED on this ____ day of _____ ,2006 ATTEST: Annando Chapa. City Secretary Henry Garrett, Mayor LEGAL FORM APPROVED ~V\Q -Z , ,2006 By ~~Pf~ Wendy E. en Assistant City Attorney ORD 4 1'''iS' WIth \c;IV"I! iLl - 22 AGENDA MEMORANDUM PUBLIC HEARING ZONING (City Council Action Date: 7/25/06) Case No. 0606-01. Grace United Methodist Church: A zoning change request from "R-IB" One-family Dwelling District to a "B-1" Neighborhood Business District, being Tract 7 out of the Shell Road Poultry Acres/Pugh Tract, located on Church Street and approximately 215 feet north of Leopard Street. Plannin2 Commission and Staffs Recommendation (6/14/06): Demal of the "B-1" Neighborhood Business District, and in heu thereof, approval of a Special Permit for a church-related thrift shop with six (6) condltlon~ 1. USES: The only use permitted by this Special Permit other than those uses permitted by right in the "R-IB" One-family Dwelling DistrIct is a church-related thrift shop. 2. BUILDING: The existmg buildmg shall be used for the church-related thrift shop. 3. HOURS OF OPERATION: Hours of operatIOn shall be Monday through Saturday from 9:00 am to 4:00 pm. 4. EMPLOYEES: Employees shall be limited to a maximum of six (6) volunteers. 5. ACCESS: Vehicular access to the church related thrift shop IS limited to Church Street. 6. TIME LIMIT: Such SpeCial Permit shall be deemed to have expired within one (1) year of the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions Reauested Council Action: Demal of the "B-1" Neighborhood Business District and approval of a Special Permit for a church-related thrift shop with six (6) coiiaitions and adoption of the attached ordinance. Paroose of ReQuest: The applicant is requesting a change of zoning from "R-IB" One-family Dwelling District to "B-1" Neighborhood Business District for the purpose of developing a thrift store. Sw.mmary: · Existing Land Use: The current land use of the property is residential and is being utilized as part of Grace United Methodist Church. It is located approximately 215 feet north of Leopard Street and west of Violet The church is interested in opening a thrift shop at the site. · The lot consists of 21,758 square feet which contains a building of 900 square feet. The building IS currently used as church annex for Sunday school classes. The building is handicapped accessible and faces Church Street. A playground adjoins the rear of the lot. · Comprehensive Plan and Land Use Compatibility: The requested "B-1" District will promote commercial uses not compatible WIth the existing adjacent neighborhood. A Special Permit in lieu of a "B-1" Zonmg Distrlct could accommodate the proposed thrift store. ~---- Agenda Memorandum Case No 0606-0 I (Grace Untied Methodist (:hurch I Page 2 · Parking: A mmimum of five park{ng spaces or one per 200 square feet of floor area is required for retail use The subject property has a floor area of 900 square feet and will have to provide fi Vt parking spaCt~. fhe apphcant has proposed to provide parking for the thrift store on eXIsting church parking lot. However the property IS still accessible from Church Street. · Transportation: Church Street IS a local resIdentIal street With 50 feet of R.O.W. and 18 feet of pavement ThI:-; street IS not deSIgned for commerCial uses or traffic. AaDlicant's Position: ["he applIcam IS agreeable to a Special Permit for a church-related thrift shop. Notification: Of the eighteen (18) notices mailed to the surrounding property owners, three (3) were returned in favor and zero (0) were returned m OppOSItion. The 20%. rule is not invoked. This case is considered non-controversial. /t1tirJA/ ~ Mlch~el N. Gunning, AICP {/ ".cling Director of Development Services MG/f( Tf'vVblp Attachments: 1) Zoning Report 2) Planning CommIssIon Mmutes (6/ 14/06) 3) Ordinance H:\PLN-Dilh'\IlARIU'lf\ I \I. IRI \Gf!\1 )1'.11 1\12 )'h Icdlc.O()i)(,.(J i \, ;r:.:D \ ',,!I 1'-1 ( ) d'h - Case No, 0606-0 I CITY COUNCIL ZONING REPORT Planning Commission Hearing Date: June 14, 2006 ~ = I.... - ..g ~ c.. r 'C ...:I ~ Q) < 0 . Applicant: Grace United Methodist Church Owner: Same as Applicant Agent: Joan Morgan / Margaret Van Blarcum Property Area: Tract 7 out of the Shell Road Poultry AcreslPugh Tract, located on Church Street and approximately 215 feet northeast of Leopard Street. I From: "R-l B" One-family Dwelling District - r"l Q) ::'I a' Q) ~ OIJ = .- = ~ To: "B-1" Neighborhood Business District Area: 21,758 square feet i Purpose of Request: To develop a church thrift shop r"l Q) Site r"l ;;;J '0 = North ~ ...:I '0 South = ~ OIJ = .- = Q i East N OIl I = r---- .- West - r"l .- ~ ~ Existing Land Use Future Land Use - Low density residential, Commercial Public Semi-public Lcrnr density residential Commercial ess Public Semi-public, Commercial Commercial, Light industrial Low density residential Commercial "- - ~-~- Low density residential, Commercial -4" Vacant strict ~- -~--,- ._--_._-~------- Zoning "R-IB" One-family Dwellin District "R-IB" One-family Dwelling District "B-4" (feneral Busin District, "1-2" Light Industrial District "R -1 B" One- family Dwellin District "R-I B" One-family Dwelling District, "8 General Business Di ~ c Area Development Plan: Northwest- The future land use map supports commercial ~ ~ expansion into the area as the residential area transitions. ~ ~ap: 062050 ~] 0;, Zoning Violations: None ~ .....'- . ;,. ... ~ E E = 1JJ . ~ l::: ~ - 1JJ · Request: The applicant is requesting a change of zoning from "R-1B" One family Dwelling District to "B-]" Neighborhood Business District for the PllrpOSl of developmg a thrift store · Existing Land Use: The current land use of the property is residential and is i1Clllg ltili/cd as part of C;race United Methodist Church. It is located cipP!()X I mately 215 kd north of Leopard Street and west of Violet. The church is ntcl csL,.'d 1I1 opening a thrift shop at the site. [he lot consIsts of ::! ,758 square feet which contains a building of 900 square feet The buIlding is currently used as church annex for Sunday school classes. The bUllding is handicapped accessible and faces Church Street. A playground .idjoms the rl~ar ,)f th\' lot Comprehensive Plan and Land Use Compatibility. The requested "B-1" 1 )lstnct will promote commercial uses not compatible with the existing adjacent neighborhood. t\ Special Permit in lieu of a "B-1" Zoning District could ;lCcomlllodate the proposed thrift store. · Parking. A mimmum of five parking spaces or one per 200 square feet of floor area IS lcquired for retail use. The subject property has a floor area of900 square feet and will have to provide five parking spaces. The applicant has proposed to provIde parking for the thrift store on existing church parking lot. However the propertv is still accessible from Church Street. · Transportation: Church Streetls a local residential street with 50 feet ofR.a.W. and 18 feet of pavement. This street is not designed for commercial uses or traffic. Street Type Paved Section Volume ~ 2001 ..- 0 I,eopaI'd Street Art erial 130' R.O.W. wi 79' Bk to 12,660 Bk avement A.D.T. ~ .- ..... Violet Street Arterial 100' R.O.W. wi 54' Bk to 8,590 A.D.T. d) QJ Bk pavement ... - 50' R.a.W. wi approx. 18' Not available rJJ Church Street Local Bk to Bk avement -.-----,--.--- ~ - = ~ E fhe -;ubjcct propcrt\ is nol platted, 1JJ ; \Pi N.f"l~ '.H \RID ,\! \\ 'Rf /0"1<.1'1.>; "Hlf, '(' RI'POi< r>;,I)(106.iJIO '1<.1'1'01< doc . The proposed "B-1" District would allow for the operation of retail, personal service C Vi uses within a residential area. QJ ..... S ~ ;t:: S . A Special Permit. in lieu of the "B-1" Neighborhood Business District, would :ell S ]'" u accommodate the use of a thrift store as requested by the applicant without - unnecessan ly creating opportunities for other incompatible commercial uses. = o .- ..... ell "CI = ~ El a o y ~ ~ l::: ell ..... 00 I. USES: The only use permitted by this Special Permit other than those uses permitted by right In the "R-l B" One-family Dwelling District is a church-related thrift shop. BUILDING: The existing building shall be used for the church-related thrift shop. 3. HOURS OF OPERATION: Hours of operation shall be Monday through Saturday from 9:00 am to 4:00 pm. 4. EMPLOYEES: Employees shall be limited to a maximum of six (6) volunteers. 5. ACCESS: Vehicular access to the church related thrift shop is limited to Church Street. 6. TIME LIMIT: Such Special Permit shall be deemed to have expired within one (1) year of the date of this ordinance unless the property is being used as outlined in Condition # 1 and 111 compliance with all other conditions. = o c:;: ...., 0 ell .,.- "CI .!! ~ = .. .- QJ I a El - a 8 Ci.c 0 0 u y Qj 0::: Denial of the "B-1" Neighborhood Business District, and in lieu thereof, approval of a SpeCIal Permit for a church-related thrift shop based on the aforementioned six (6) conditions. If) ....."0 = ~ QJ ~ e .- s ~ o QJ U~ Number of NotIces Mailed: 18 Favor 3 Opposition 0 (As of June 28.2006) Attachments Zoning Map H:W! N iJl!"'il..\!{!ll', Ilk) ZONRP1.; ~I)('(' r'n: rc RI:P( IRIS0606-0ICCREPORT.doc 4 / WAL-M~7 / 8-4 5 ASSESSORS MAP 138 26MA Y06/HK F-R Farm Rural District RE Residential Estate District RA One family Dwelling District R.tA One Family Dwelling District R-1B One Family Dwelling District R-1C One Family Dwelling District R.TH Townhouse Dwelling District R-2 Multiple Dwelling District T -1A lravellrailer Park District T-1B Manufactured Home ParH)ist. T - tCManufactured Home Subdivision District ~. 8-4 1 JACKSON PLACE ANNEX 4 (S: OIJ A:J t<? () ~J' 1 . Case No. Z0606-01 Zoning Map A-1 Apartment House District A.1A Apartment House District A-2 Apartment House District AT Apartment-lourist District AB Professional Office District 1-1 limited Industrial District 1.2 light Industrial District 1.3 Heavy Industrial District SP Special Permit pu~ Planned Unit Development 8-1 Neighborhood Business District B-1A Neighborhood Business Distrid B-2A Barrier Island Business District 8-2 Bayfront Business District BD Corpus Christi Beach Design Disl B-3 Business District B-4 General Business District B-5 Primary Business District B~ Primary Business Core {}istrict He Historical-C ulturallandmark Preservation f:' i 'GI'S ......., f ... .... .1'.eam Ul .ft Uf. . NORTH o 100 200 I Feet MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday - June 14, 2006 Ne\\ Case:. a. Case No. 0606-01 Grace United Methodist Church From a "R-IB" One-family Dwelling District to a "B_1" Neighborhood Business District Tract 7 out of the Shell Road Poultry Acres/Pugh Tract, located on Church Street and approxImately 215 feet northeast of Leopard Street. Adriana Trujillo presented the above case with a Power Point presentation showing the subject property located one-half block north of Leopard Street along the west side of Church Street. The applicant IS requestmg a change m zonmg from an "R-I B" One-family Dwelling District to a "B-1" Neighborhood Busmess District for the purpose of developing a thrift store. The location of the subject parcellS adjacent to Grace Umted MethodIst Church (GUMC). On the east side of the GUMC is commerCIal use at the corner of Church Street and Leopard. On the north and east side of the subject parcel IS residential use On the south side IS commercial and light industrial use. Grace United Methodist Church 15 for public use. Access to the subject property is through Church Street. The property IS 20,758 square feet and contams a 900 square foot building used as a church annex for Sunday school classes. It 15 handicap accessible and faces Church Street. The comprehensive plan does not promote commerCIal use because it is not compatible with the existing adjacent neighborhood. The future land use shows commercial development all around the subject parcel The parking requirement for this property. If it is developed as a thrift store, IS five (5}.parking spaces, I.e., one space per 200 square feet of floor area. Staff recommendation is denial of the "B-1" Neighborhood Business District and approval of a SpeCIal Permit for a church-related thrift shop with the followmg six (6) conditions: 1. USES: The only use penllltted by this Special Permit other than those uses permitted by right in the "R-l B" One-family Dwelling District is a church-related thrift shop. 2. BUILDING: The existmg building shall be used for the church-related thrift shop. 3. HOURS OF OPERATION: Hours of operatIOn shall be Monday through Saturday from 9:00 am to 4:00 pm 4. EMPLOYEES: Employees shall be limited to a maximum of six (6) volunteers. 5. ACCESS: Vehicular access to the church related thrift shop IS limited to Church Street. 6. TIME LIMIT: Such SpeCIal Permit shall be deemed to have expired within one (1) year of the date of this ordinance unless the property is being used as outlined in Condition #1 and in ~'ompliance WIth all other conditIons. In answer to CommissIoner Stone's question. Ms. Trujillo stated that the applicant is aware of the SpeCIal Permit and IS III agreement """" "- Planning l,ommlSSlon r-.1i HIlt', May 31 201)6 Page 3 In response td ( om miSSIOner Pusley, Ms, Trujillo stated that the existing building would be used for the thnft shor Public heanng \vas opened, In response tn (ommlSSloner Pus ley, Faryce Goode-Macon stated the church is being used as a Sunday school faciht\', which means they have already taken care of the educational/commercial building code and will he llSJng the building 111 the same capaCIty In response to ( OnlimSSlOnel Mm1mez, Joan Morgan, 10921 Mayfield Drive, Project Coordinator for the thrift shop, stated that tract Sl>. i 6) adjacent to the thrift shop site is zoned residential and houses a church employee PublIc heanng was:losed Motion for demal of the "B-1" NeIghborhood Busmess District, and in lieu thereof, approval of a Special Permit for a church-related thrift shop with the six (6) stated conditions was made by Commissioner Pusley and seconded by Commissioner Zamora. Motion passed unanimously with CommissIOner Skorbarczyk being absent H:\PLN-Dll~SHARI:1 l(, A I \Ii, iF D\ ,GF'" I )\11),1 .'fill" IliTh,"O(,()",l Ii \ 111111k, f\"Cljll doc "~.....- AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY GRACE UNITED METHODIST CHURCH, BY CHANGING THE ZONING MAP IN REFERENCE TO TRACT 7 OUT OF THE SHEll ROAD POULTRY ACRES/PUGH TRACT, (CURRENTLY ZONED "R_1 B" ONE-F AMll Y DWELLING DISTRICT) BY GRANTING A SPECIAL PERMIT FOR A CHURCH-RELATED THRIFT SHOP, SUBJECT TO SIX (6) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Grace United Methodist Church, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 14,2006, during a meeting of the Planning Commission, and on Tuesday, July 25, 2006, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF COR.PUS CHRISTI, TEXAS: seCTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by granting a Special Permit for a church-related thrift shop on Tract 7 out of the Shell Road Poultry Acres/Pugh Tract, subject to six (6) conditions (currently zoned "R-1B" One-family Dwelling District), located on Church Street and approximately 215 feet northeast of Leopard Street. (Map 062050) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to the following six (6) conditions: 1. USES: The only use permitted by this Special Permit other than those uses permitted by right in the "R-18" One-family Dwelling District is a church-related thrift shop 2. BUilDING: The existing building shall be used for the church-related thrift shop. 3. HOURS OF OPERATION: Hours of operation shall be Monday through ~..._.",... Page 2 of 4 Saturday from g'OO am to 4'00 pm. 4. EMPLOYEES: Employees shall be limited to a maximum of six (6) volunteers. 5. ACCESS: Vehicular access to the church related thrift shop is limited to Church Street, 6. TIME LIMIT: Such Special Permit shall be deemed to have expired within one (1) year of the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas. approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SICTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SICTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A vIolation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable finder Section 1-6 of the City Code of Ordinances. SBCTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 25th day of July, 2006 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett. Mayor, City of Corpus Christi H \LEG-DIRJeannle\Gar{0606 01 (;race United Meth,)dlst Church SP doc ...... .,.- Page 3 of 4 APPROVED: July 13, 2006. ~dL Assistant City Attorney For City Attorney H:\lEGDIR\Jeanme\Gary\0606-'\1 Grace United Methodist Church SP doc Page 4 of 4 Corpus Christi, Texas _ day of _____" "_ __,2006 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, Hen ry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Ga rcia \Mfliam Kelly Rex A Kinnison Melody Cooper Jesse Noyola Mark Scott H"IlEG-DIR\Jeannle\Gar','\0606-01 Grace United Methodist Church SP doc - 23 -.....~,'.,-- "-_.__-__>_~________'_m.___..__..____.____,_ _ ----------'----~-_._____,___ ____~m_____ AGENDA MEMORANDUM -------- pum I( IIEARINt; /()\lIN(, (( !t\, dlmed Actl\H1 Date: 7/25/06) Case No. 0606-02, Dioah Morton: A IOI1lt1g change request from ''F-R'' Farm Rural District to a "R-lB" One-family Dwellmg District, being a ~. ='55 acre tract of land situated m and out of a portion of Lot 15, Section 41, Flour Bluff & Fncmal Faml and Garden Tracts. located on Flour Bluff Drive approximately 225 feet south of ( Jraham Dn v, Plauuio!:!. Commission and Stafrs Recommendation (6/14/06): Approval of"R-IB" One-family Dwelling Distric1 Requested Council Action: Appn)\ al o!'I{-1 A" One-famIly Dwellmg District and adoption of the attached ordinanct.' ------- -~----- ~_._----- -- -. ------.----.. --~-----_._---------- -.- Pwpose of Request: The apphcant IS requestmg a change of zoning from "F-R" Farm Rural District to a "R-I B" One-family Dwellmg Dlstnct for the development of a low density residential subdivision, The ultimate development of the subdivIsion is ten lots of a 0.5 acre mInimum and including a private park. Summary : · Existing Land Use: fhe subject property is pnm~!Ily vacant land. The properties adjacent to the subject parcel are currently zoned "B. I" Neighborhood Business District and "A-I" Apartment House District. · Based on the An InstallatIOn ( ompatlblllty Use Zone (AICUZ), thIS property is not located in the potential accident lone · Utilities: The proposed subdlnslon wIll make proVISIOns for public wastewater when improvements to the system along Flour Bluff occur I intil publIc waste-water lines are available, the use of temporary sepl1c svstem' on half acre I'lts will be allowed. Comprehensive Plan and Land Use ('()mpatibility: The proposed development is generally conslstent \\'lth the c.)mprehensl\e Plall Applicant's Position ''\pph.:ant IS Ifl agreement With recommendation. ~- -..--~ Agenda Memorandum Case No 0606-02 (Dmah Morton) Page 2 Notification: Of the thIrteen (13) notices mailed to the surrounding property owners, zero (0) were returned In favor and two (2) were returned m opposition, representing 16.90%. Even though the 20% rule is not Invoked, thIS case IS considered controversial due to neighborhood concern on drainage, street Improvement and mall1tenancc of the subJect property M~~~P ~l Acting Director of Development Services MG/FGM/blp Attachments: 1) Zoning Report 2) Planning Commission Minutes (6/14/06) 3) ()rdInance ...-..- CITY COUNCIL ZONING REPORT Case No. 0606-0.;' Planning Commission Hearing Date: June 14,2006 "; CtI CI.l s:: ~ 0 a(l+= C. .... .- == ... "= (,J (,J .-,: _ CI.l c..~ c. ~ Applicant: Dmah Morton Owner: Same as Applicant Agent: Pyle & Associates, Inc. / JamIe Pyle Legal Description/Location: Being a 5.255 acre tract ofland situated in and out of a portion of Lot 15, SectIon 41, Flour Bluff & Encinal Farm & Garden Tracts and located un Flour Bluff Dri V\' approximately 225 feet from Graham Drive. .... ~ CI.l = 0" CI.l 0:: CtI = .... = Q N From: "F-R" Faml-Rural District To: "R-lB" One-Family Dwelling Distnct Area: 5.255 acres Purpose of Request: Development of an overall 10-lot residential subdivision with a portion being for church usage to the east. ~ CI.l ~ ;::I "0 = ~ ~ "C = ~ Oil = '; Q N Oil = .- .... ~ .~ ~ Site Zoning --..---- "F-R" Farm-Rural Distnct ~=r~E~isting Land Use Vacant land Future Land Use Low-Density Residential Vorth "B-1" Neighborhood Busmess DIstrict. "F-R" Farm-Rural District I ---11-, A- " Apart;~~~tH\)use Dlstnct. "RF' Residential i l;stale I)I~trlct I"B-~:" Bus1T1~;~Dl~tnct i"R- j B" ()neFa~~I:' Dwellmg District Vacant land and Public Semi-public use Low-Density Residential and Commercial .- )Gutli Vaeant, I.ow- DenSity Residential Low-Density Residential Eas[ Vacant land Commercial Wes! Vacant land Low-Density Residential a(l .-,: c. c Area Development Plan Flour Bluff The future land use map supports the low- ~ 0 ~ ~ density rcsldenLal ... - Map No.. (1361132 ~ .~ ~ :> Zoning Violations N'lI1C luning Report ('ase No. 0606-02 (Dmah Morton) Page 2 CIl s :: The subject property has not heen platted. Platting will be required prior to 00 .. development ~ i5: . The Request. The applicant is requesting a change of zoning from "F-R" Farm Rural District to a "R-l 13" One-family Dwelling District for the development of a low density residential subdivision. The ultimate development of the subdivision IS ten lots of a 0.5 acre minimum and including a private park. . Existing Land Use. The subject property is primarily vacant land. The properties adjacent to the subject parcel are currently zoned "B-1" Neighborhood Business Distnct and' A-I ,. Apartment House Distnct. ~. ... ~ E E = VJ . Based on the Air installatiOn Compatibility Use Zone (AICUZ), this property is not located in the potential accident zone. CIl E:: ~ ... VJ . Utilities: The proposed subdivision will make provisions for public wastewater when improvements to the system along Flour Bluff occur. Until public waste- water lines are available, the use of septic systems on half acre lots will be temporarily allowed . Comprehensive Plan and Land Use Compatibility. The proposed development is generally consistent with the Comprehensive Plan for the area and with current patterns of the development. Street Type Existing Paved ~ Section -..-.-- 0 Flour Bluff Arterial 95' R.O.W. wi ~ Drive 64' Bk to Bk .. avement ~ ~ -.---.---... ... Graham Road Collector 75' R.O.W. wi - VJ 50' Bk to Bk -.-- ~~. ..-- 1____ ___ pavement Volume (2001) 10,160 A.D.T. 610 A.D.T. - = '" ~ .... e ~ · The "R-I B" One-family Dwelling District is recommended for this site since the 1:: e zoning distnct is consistent with the Comprehensive Plan and the development ~ e c.. 0 trends in thIS area. QU ZOlling Report Case No 0606-02 (Dmah Morton) Page 3 = o -.:: as 't:l ~ ~ ~ is is o <J ~ ~ Approval of"R IS" One-family Dwelling District = .~ Cl :l .g 'i ~ c = U E tile .!! 0 IC <J I~ it Approval of "R-l B" One-tamtly Dwelling District. :l't:l Ie" ~ ';j is <J C ~ U~ Number of Notices Mailed: \-; Favor 0 OppositJon. 2 (As of June 28 2006) Attachment: Zomng Map If\P! 'i. '!!.\F:'ll Ii 11'1 lONfil'l\ )'HII'.'I'''' ( RFI'(WrS{)(>(l().1)2C!'Reportdnc 30MAY06fHK f.R FIml Rural District Rf Rtsidential Estate District RA One Family Dwelling District R-1A One Family Dwelling District R-1B One Family Dwelling District R-1C One Family Dwelling District R-TH Townhouse Dwelling District R-2 llultiple Dwelling District T .1A Travel Trailer Park District T-1B flanufactured Home Park Dist. T .1C flanufactured Home Subdivision District ........-...,-, F.B.& E.F.& G. LOT 16 SEC. 41 B-3 Case No. Z0606-02 Zoning Map A-1 Apartment House District A-1A Apartment House District A.2 Apartment House District AT Apartment-Tourist District AB Professional Office District 1-1 Limited Industrial District 1-2 Light Industrial District 1.3 Heavy Industrial District SP Special Permit PUD Planned Unit Development B-1 Neighborhood Business District 8-1A Neighborhood Business District B.2A Barrier Island Business District 8-2 8ayfront Business District BO Corpus Christi Beach Design Dist. 8-3 Business District 8-4 General Business District 8-5 Primary Business District B-6 Primary 8usiness Core District HC Historical-Cultural Landmark Preservation F.B.& E.F.& GT LOT 17 SEC. 48 r"""""-----~......~- -.'.--.--..\ !~~t. ~ If-........,'"..-"'__<"-r>._.,.~~,_ !'GISi ~( Team f.' (. ".",,1.. t!! \, f t >,- it'l",u.. . NORTH 0 100 200 I Feet MINUTES REGULAR PI~ANNING COMMISSION MEETING ('ouneil Chambers- City Hall Wednesday - JUDe 14,2006 New Cases b ( :a~e No 0606-02 Dmah Morton: From a "F-R" Farm Rural District to a "R-IB" One-family Dwell10g DistrIct ~__,__,___~ BeIng a 5255 acre tract ofland situated 10 and out ofa portion of Lot 15, Section 41, Flour Bluff & Encinal Farm & Garden Tracts and located on Flour Bluff Drive approximately 225 feet from Graham DrIve Adriana TrujIllo presented the above case wIth a Power Point presentation showing the subject propert) located on the west side of llour BluffDnve and one-half block from Cantera Trail. The request IS from an "F-R" Farm Rural Distnct to an "R-IB" One-family Dwelling District. The property has 5.255 acres. . rhe purpose of the request lS the development of ten lots for a residential subdivision with a portion be10g dedicated for c:hurch use on the east. The subject property is primarily vacant land. The propertIes adjacent to the subject parcel are vacant lots and currently zoned "B-1" Neighborhood Business District and "A-I" Apartment House Distnct Direct access to the property is from Flour Bluff Drive. The proposed subdivIsIOn w1l1 make provISions for publIc wastewater when improvements to the system along Flour Bluff DrIve occur. Until publIc wastewater lines are available, the use of septic systems on half acre lots will be allowed, The proposed development is generally consistent with the Comprehensive Plan for the area The resid,'nhai lIse IS consIstent WIth the eXIsting grov\rth patterns, Staff recommends approval of an \'R-l B" One-family Dwelling District. Of thirteen notices mailed, zero (0) \vere returned 111 favor and two (2) In opposition, Public heanng \:vas ,)pened Damn Morton, 2941 Horn Road, son of applicant, stated there are concerns such as drainage and they are working WIth engineers to develop a plan. The houses will consist of homes with four to five bedrooms. two-story. single famIly dwellings on half acre lots fhe pnvate park will be on the nght hand side consistmg of a retention pond if feasible. Drainage will probably go through to Cantera TraiL Susan Ludka, 1 ()31 Graham Road, stated she II ves on lots 19 through 24 of the Oak Harbor Estates, abutting the subject property She opposes the zoning for three reasons, the first being the owners are planning to be the developers of the parceL Ms. Ludka stated the o\'mers are currently in violation of several City Ordinances, such as having several motor homes 10 disrepair on the property that are inhabited by people making donatIOns to the church, Number two, the back of the property, which directly abuts her property, h never 1110\\'e<l. IS filled WIth debns, sheds that have fallen, and rusting trailers tvts. Ludka slated there \Vas (I port 'a-potty on the lot for years, Lastly, Ms. Ludka stated there is no need for adciJtlona! "R-l H"dul.' to ,~oo lots zoned "R-I B" waiting to be developed, She stated that the exitmg mlrastructun' is \lVe! hurdened and Flour Bluff Dmc and (rraham Road flood heavily. Flour Bluff Planning CommiSSIOn MInutes May 3 1 , 2006 Page 3 Drive is heavily traveled and needs traffic control. Ms. Ludka requests mvestigation of existing vIOlations before allowmg thiS change of zonmg. Frank Pompa, owner and future resident of Block 8, residing at 1602 Cantera Trail, spoke in opposition, stating there is no entrance to the subdivision off Cantera Trail or Graham Road, only off Flour Bluff Drive. Mr Pompa stated that drainage could not go through Cantera Trail #9 because the land IS bemg cleared for constructIOn. Mr Pompa stated he mvested a lot of money in his lot and home and is concerned the property value will go down due to unkempt conditions in the proposed development HIS concerns lI1clude how close the proposed homes would come to his property line; and there's a natural gas pipeline crossmg the subject property. Mr. Pompa stated he understood the city was not going to allow any more development unless the sewer system was already in place. Due to the size of the homes planned, he expressed concern that the homes were being built to house more than one family. Ms. Goode-Macon addressed some of Mr. Pompa's concerns, stating the gas line will remain and does not Impede development of the land. In response to his concern about the development becoming multiple family dwellmgs, Ms. Goode-Macon stated that the ordinance allows for renters or persons to hve in their home. The number of people is not defined in the code's definition of family; the code does defme the number of boarders, WhICh IS up to four (4) When asked if the developer was going to sell or rent, Ms Goode-Macon stated it is the decision of the developer. Addressing the unkempt condition of the subject property, Mr. Morton stated that a cleanup effort has been underway for two years and 100 tons of trash has been removed. He further stated that to develop the land, it will have to be cleared In response to Commissioner Huerta, Mary Francis Teniente stated that in the "R-IB" District he is required to construct and extend wastewater to each lot and that a septic system could be allowed in a "R- 1 B" District with large lot developments. DaVId Pyle, 418 Cape Cod, stated that engineers are working with staff on the sanitary sewer situation so It can be resolved at the platting level. Pubhc hearing was closed In response to Commissioner Braselton, Ms. Teniente stated that the nearest sewer to the subject property is on Flour Bluff Dnve south of Nickerbocker Driver. In response to CommiSSIOner Braselton, Mr. Gunning stated that city practice has been that a sewer system withm one mile of the development IS reasonable distance. Mr. Gunning stated that considering the size of the land and the fact that it includes a church, the developer needs to tie into the sewer. Mr. Gunning stated that If it IS not economically feasible to extend the wastewater to the lots at this time, then it is Mr. Gtmning's prelimmary recommendation that they put a hold on their development until the sanitary sewer is within a reasonable distance Motion to approve was made by Commissioner Salazar and seconded by Commissioner Zamora. Motion passed unanimously with Commissioner Skrobarczyk being absent and Commissioner Pus ley excused from the meeting. II \PIN-DIR\SHARI[)\'J'\il Wi IRD,GFNDMf-M2'.lq" ;"IlCI)(,O(1-0' Minute, I'xc:crptd,x: .....--- AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY DINAH MORTON, BY CHANGING THE ZONING MAP IN REFERENCE TO A 5.255 ACRE TRACT OF LAND SITUATED IN AND OUT OF A PORTION OF FLOUR BLUFF & ENCINAL FARM AND GARDEN TRACTS, LOT 15, SECTION 41, FROM "F-R" FARM-RURAL DISTRICT TO "R-1 B" ONE-FAMILY DWELLING DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Dinah Morton, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 14,2006, during a meeting of the Planning Commission, and on Tuesday, July 25, 2006, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard: and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity and convenience and the general welfare of the City of Corpus Christi and its citizens NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas Ie amended by changing the zoning on a 5.255 acre tract of land situated in and out portion of Flour Bluff and Encinal Farm and Garden Tracts, Lot 15, Section 41, located on Flour Bluff Drive approximately 225 feet south of Graham Drive, from "F-R" Farm-Rural District to "R-1 B" One-family Dwelling District. (Map 036032) (Exhibit) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of thi:; ordinance SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation trom the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance. as amended by this ordinance. Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Orttinances. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 25th day of July, 2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED July 13,2006 ~... . 11'--' . ~~ Assistant City Attorney For City Attorney Henry Garrett. Mayor, City of Corpus Christi H:\l.EG-DIR\Shared\GaryS\agenda\2006\07-25\0606-02 Dinah Morton Reg.doc - Page 3 of 3 Corpus Christi , Texas _ day of ___.. ,2006 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 John Marez Jerry Garcia William Kelly Rex A Kinnison Melody Cooper Jesse Noyola Mark Scott C:\DOCUME -1 Wean lie [)C.c.LS 1 \T elnpl0606C2 Dinah Mortal. Reg doc ..... ,""'" JL s'OO6 1o. RUM 36182663974 TO: 3239 P.2/3 STATE OF TEXAS COUNTY OF NUECES BEING A 5.255 ACRE (228,907.66 SQUARE FOOT) TRACT OF LAND SITUATED IN AND OUT OF A PORTION OF LOT 15, SECTION 41, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, A MAP OF WHICH IS RECORDED IN VOLUME A, PAGES 41 THRU 43, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, THIS TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Beariap are based on recorded map of Oak Harbor Estates, a map of wbkb is recorded in Volume 43, Pages 17 & 18, of the Map Reeords of Nueees County, Tens, and referenced to the IDGnumeDted east boundar)' Une. BegianlDg at a 5/8 inch iron rod, found, for the northwest comer of this tract, same comer being the southwest corner ofa 2.004 acre tract, a description of which is recorded in Document # 976133, in the Official Public Records of Nueces County, Texas, ftom which corner, a 5/8 inch iron rod bears North 290 00' 00" East, a distance of 180.00 feet, for the northwest comer of said 2.004 acre tract; Thence, South 61000100" East, with the south boundary line of said 2.004 acre tract, a distance of254.29 feet to point, for the upper northeast comer of this tractt same Comer being the northwest comer of Lot 1, Block I, Morton Tract, a map of which is recorded in Volume 58, Page 171, of the Map Records ofNueces County, Texas; Theoce, South 29000'00" West, with the west boundary line of said Lot 1, Block 1, Morton Tract, a distance of 186.39 feet to a fJOint, for an inside comer of this tract, same comer being the southwest comer of said Lot 1, Block 1, Morton Tract; Thence, South 61000l00" East, with the south boundary line of said Lot 1, a distance of 385.71 feet to a 5/8 inch iron rod with a cap stamped "Pyle & Associates, Inc." set on the west boundary line of a 120.00 foot wide right-of-way line known as Flour Bluff Drive fOr the lower northeast comer of this tract, same comer being the southeast comer of aforementioned Lot 1, Block I, Morton Tract, from which comer the northeast comer of said Lot 15, Section 41, Flour Bluff & Encinal Farm & Garden Tracts, bears North 29000'00" East, a distance of 386.39 feet, and South 61000'00" East, a distance of 20.00 feet; Tbence, South 29000'00" West, with said west boundary line of Flour Bluff Drive, a distance of283.61 feet to a point, for the southeast comer oftWs tract, Thence, North 61000'00" West, a distance of640.00 feet to a 5/8 inch iron rod found, on the west boundary line of aforementioned Lot 15, Section 41, Flour Bluff & Encinal Farm & Garden Tracts, same line being the east boundary line of Lot 14, said Section 41, fur the southeast corner of Lot 24, Oak Harbor Estates, a map of which is recorded in Volume 43, Pages 17 & 18, of the Map Records of Nueces County, Texas, and the G\23QO-2399\2311 165 O~A\DOC\M&B_EXHIB_ZONING CASt M,p,.Dj, r_>,~ 2006 L? ~RCl'i 36182663974 10:3239 P.3/3 northeast comer of Lot 8, Block 2, La Cantera Estates Unit 21 a map of which is recorded in Vohune 61, Pages 26-27, of the Map Records of Nueces County, Texas, and for the southwest comer of this tract; Thence. North 29000'00" East, with the east boundary line of said Oak Harbor Estates, same being the common boundary line of said Lots 14 and 15, Section 41, a distance of 470.00 feet to the Point of BeginDing, and containing 5.255 acres (228,907.66 square feet) of land. 0\2300-2399\2311 165 05A\DOC\M&B_EXHIB_ZONING C/). & e [)(pCX(J"()2,,. 24 ,...., ,\GENDA MEMORANDUM =~":=":''::::='':::::=:='-=:::=::'.:::~ ='=.-_:~_":C='=::-":::..:'_..'__.._~ PUBII( . HEAH.E'.;' J Z< lNIN<i (t]t) , (IUncl! ActIOn Date 7/25/061 Case No. 0606-04. Hoean Development Co.. L.P From "F-R" Farm-Rural District to a "R-IB" One-family Dwelling District, being 26.53 acres out of the Flour Bluff and Encinal Farm and Garden Tracts, Lot 1 and a portlOn uf Lot ::, Se-ctlon\2, located on Holly Road approximately 2.560 feet east of Lexington Road. Plannine Commission and Staff's Recommendation (6/14/06): Approval of the "R-IB" One-family Dwe!lll1~ District Roouested Council Action: Approval ol the "R-l 13" One-family Dwelling District and adoption of the attached ordinance PurpOse of Reauest The applicant IS requestmg a change of zotllng for a 26.53 acre tract from an "F-R" Farm-Rural Dlstric1 10 (l "R I B" Ont- fanlll\ Dwelling DIstnct for development of a 109-10t single family residentIal suhdivlsl;m S.mman: · The applicant 1S requestmg a changt ul zonmg for a 26.53 acre tract from an "F-R" Farm-Rural Dlstn-:t to a '1<-18" One-family Dwelling DIstrict for development of a 109-10t single family reSidential suhdl\'IS!On · The subject property IS bemg subdIVided out of a 40 acre parent tract of Flour Bluff & Encinal Farm and Garden Tracts and IS currentlv undeveloped It is located along Holly Road, approximately 2,560 feel from Lexmgton Road · ProJectIOns for thIS property are [0 establish an estimated 109 single family residential lots, each with a rmT1lmum 101 sIze 01 60' '\ 1 J O' rhe property wtll be developed in three phases and will be connected to Monte Verde at TeiTa 1>vlar to the west. Proposed entrances into the proposed subdIVIsion arc from Holly Road dnd future Oso Parkway. Single family residences will be constructed as one and two :;tor: unll.:" \\'Ith square footages ranging from 2,400 square feet to 3,100 square leet · The "R-I B" DI5tn:t proVIdes j(lr .s1I1glc-famih resldentJal development of moderately spaCIOUS character. · Development of thl~ propert\ \\1Ih the proposed reSidential subdiVision could generate approximately I,On vehICle tflr ends per day The subject property IS located on Holly Road, which is designated as a,econdary dl\rded artenal road\\ ay m the Urban Transportation Plan. The Plan states the purpose 01 a secondary artenal dS pre>\ IdlIlg cltvwlde traffic mobility but functions at a lower level and piaces more emphaSIS on land .tc\."ess. The pnmary function of arterials is to provide efficient movement. TraffiC geIl,~rated hum Ihh project \\ ould have dIrect access to Holly Road and the future extension ofOso Parkway, whIch IS Jeslgnated as a collector street · PropertIes Immediately adjacent to [wrth. south. and east of the subject property are zoned "F-R" Farm-Rural fhs1ncl The current 10IlIllg tu the \\est IS "R-l ('" One-family Dwelling District. · The Suuthsldl' Ar\.'a [k\ elop!l1en Plan recommends low-density reSidential development. a density of up to eight (81 ,h\t.':llillg uniTS per ;hlt for the subject property, Agenda Memorandum Case No 0606-04 (Hogan Development Co. L.P ) Page 2 Nodfication: Of the seven C) notices mailed to the surrounding property owners, zero (0) were returned m favor and zero (0) were returned m opposition. The 20% rule is not invoked. This case is considered non-controversial. ~JJ.~ MIchael N. Gunning, AICP Acting Director of Development Services MGIFGMlblp Attachments: 1) Zoning Report 2) Planning Commission Minutes (6114/06) "\ ) Ordmance CITY COUNCIL ZONING REPORT Case No. 0606-(j4 Planning Commission Hearing Date June 14, 2006 '; ~ 4i = ~ 0 ~; Q.. .... .- C 1- tIS C.I C.l ~ =Q c.. c. ~ Applicant: Hogan Development Company, L.P. Owner The George B Gaines, Jr. Family Limited Partnership, L TD Agent Urban Engmeenng-Victona Ray Bndges Legal DcscriptionfLocation: Bemg 26.53 acres out of the Flour Bluff & Encinal Farm and Crarden Tracts, I ot I and d portIOn of Lot 2, SectIOn 32, located on Holly Road, approximately 2,560 feel from lexington Road ~'t;; ICl Q,l - = ICl c::r C Q,l N~ II From: "I~-R" Farm-Rural Dlstnct . To: "R-I B" One-family Dwelling District I Area: 26.53 acre I Purpose of Request: To allow a 109-lot single family subdivision, "t:l Ii ~eIl -= Q,l .- ~ c;;;;J C N"t:l ~c -= = 1:....:l (I} 1< ~ f .. .-. ...-r- .--- ----. t- Site.-h+! ';F~R ';Fa~;:~:~ Distri ~ ---'-.'- ,_..~._. -_. -'-_. ------"--,-.-.- I North i "F-R.' Farm-Rural Distn ...-- --- - ""Existing Land Use Future Land Use ct Vacant Low density residential _.- ct Vacanti Low density Low density residential SIngle-family residential ct Vacant Low density residential - --~ -~.._--- ct Vacant Low density residential ---------------+- lling Smgle- family residential Low density residential ...- - f..--....-t-. --.-. .-.-- ---- .. j South "F-R" Farm-Rural Distri !--.-+--. . East ! "F-R" Farm-Rural Distri ! . ~-_.. -----t------~. ~-Vesl . "R-IC" One-family Dwe I hstnct ~ ell c..c . c ~~ a;] Q> < Area Development Plan: Southslde - The future land use map recommends low-density residential as requested by the applicant. Map No. 039032 Zoning Violations: None -- Loning Report C-:ase No. 0606-04 (Hogan Development Company. L.P.) Page 2 . The applicant IS requesting a change of zoning for a 26.S3 acre tract from an "F-R" Farm- Rural Dlstnct to a "R-I B" One-family Dwelling District for development of a 109-10t single famIly residentIal subdiVISion . The subject property h bemg subdiVIded out of a 40 acre parent tract of Flour Bluff & Encmal Farm and Garden Tracts and IS currently undeveloped. It is located along Holly Road, approximately 2,560 feet from Lexington Road. . PrOjectlOns fOI thIS property are to establish an estimated 109 single family residential lots, each With a mmimum lot sIze of 60' X 110' The property will be developed in three phases and WIll be connected to Monte Verde at Terra Mar to the west Proposed entrances into the proposed subdivision are from Holly Road and future Oso Parkway, Single family residences will be constructed as one and two story units, with square footages ranging from c. 2 AOO square feet to 3, I 00 sq uare feet. = E E · The "R-I B" Distnct provides for smgle-family residential development of moderately ~ spacIous character. v.l 15 · Development of thiS property with the proposed residential subdivision could generate ..... V1 approximately 1,033 vehicle tnp ends per day. The subject property is located on Holly Road, which is designated as a secondary divided arterial roadway in the Urban Transportation Plan. The Plan states the purpose of a secondary arterial as providing Citywide traffiC mobility but functions at a lower level and places more emphasis on land access. The primary function of arterials is to provide efficient movement Traffic generated from thiS project would have direct access to Holly Road and the future extension of Oso Parkway, which is designated as a collector street. . Properties immediately adjacent to noRh, south, and east of the subject property are zoned "F-R" Farm-Rural District. The current zoning to the west is "R-IC" One-family Dwelling District . The Southside Area Development Plan recommends low-density residential development a densit of u to 8 dwell in units er acre for the sub' ect ro ~ -.-.- ------ -r--- - Street i Type _Uf= ----..--..- .__._---~_.- Paved Section Volume -----" (2001) 70 feet 910 A.D.T. ----------. 41 feet Not available -~_..- i~ ~O \l}oa ~__n _ Holly Road : Future Oso Parkway r--------- ..~ I I t------- tArterial Collector _..~^' -..- -.--- rI.I .. := ~ 3 rhe subject property is not platted rJJ. Zoning Report Case No 11606-04 iHogan De,elopmem Company, LP ) Page J .... = :J ~ c E Q,i 1:: E C':I E c;l..o ~c... rhe SUhjeit property l' currently vacant c o ';:: Cl: "0 t: c C':I Q,i ... E ~ E o (,I Q,i " Approvai of lhe'R-l H' Une-fanuly Dwellmg DistncL c: .= = ... t:lI 0 Cl: 1:1 .r;; "0 .... ~ c =.... Q,i 1:1 E E .! E E ~ 0 0 U (,I Q,i Q:: Approval of the 'R-I B'" One-fanuly Dwelling District. ll"O i .~ ~~ i Number 01 NOtlCi:S MaIled: -; I Favor: 0 I I OppositIon () i I As of fune 14 2006) Attachment: Zonmg Map H:\PLN-DIR\SHARED\GAl[,W( ~RD\ZONRPTS\2006\June\CC REPORTS\0606-04CCZoning Report.doc '..... ' ' .-. R-2 i R-1B 8UiJ. "~C.,.. R-1C FLOUR ",-UFF . ENC'NAL FARM' G,", Y / I' I / / !15130106 SRR f-R flflTl Rural 0lWkt RE fl..~ bttII Dillr"1 RA OM F.rnlly 0wilIlnG Dlstrlcl R.'''' OM F....ay 0wIIIInt Dislrk, R-'S OM F_lIy 0WIIlng Dislrk' R-,e One FomUy ~1I Oistrk' City of Corpus C....... T.... l" tp.rtme-nt of De~el.....,1 ServK:e-~ Case Z0606-04 I:J ~/i>c ~l.. / if; F-R R-TH Townhcuse Owe11i"1l Ois'rK' B-1 N~.ghbortloOd BU$.nesl Oiltfict B-1p., N.il1hbomood Bus-in.... OIl-trk1 R.2 Muhlpl. Ow.lllng Otllnct T.18 M."ut.ctu,.d..orne P.,.tI. Oistrict 8-2 8_)1(ont 8uslness O...uict 8-211 eorrler Islond Buslneu DistrIct ".1 A 1,..",.11 ~Ke-r Pan Di.trict BO Corpus Christl Buch Design Oi.rlct B-3 Susinu.Oi.lrkt T .1C Manuf.ct""ed Home Subdl"fsion Dlslr'ef ,6.-1 Apaft~n' House D..tnc1 A.' A Apanm.nt Hous. DI.tr\c1 8~ G~...al Bu.me.. O~.'r1ct A.; Ap.rt~nl House Oi.trkt 6-5 Pri~ry Bu.ine.. Oi5trkl a--E Primary 8u.ln... Core Oi$tr,ct t-1 Limned Inau.triat Oil.ricl AT Ap.n~n...Tourbt Olattkl A.B Pro'es"on.' Office Ol51rict Zoning Map 1-2 Light industrial District I-J He.vy Induwlal Dlstricl SP Specla' P- PUD PI......d UnlI Dev.lop....nl tiC H"IorIca'~ullur" L.ndma'" Preservation N A o 125 250 ~-- 500 Jf'eet MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday - June 14, 2006 New ( ases c ( :ase 1\,0. 0606-04 Hogan Development ( 0, LP From a "F-R" Farm-Rural District to a "R-IB" One-family QwelllOgJ)lstrict _ .. ..__ ____, BelOg a 26.5:\ acre lract of land comprised of Lot 1 and a portion of Lot 2, SectiOl' 32, located on Holly Road approximately 2,560 feet from Lexington Road. Shannon MUrpl1Y presented the case with a Power Point presentation showing the subject property located on Holly Road. East of Holly Road the existing land use is vacant. The existing land use to the west IS slOgle famlly residential and to the north, south and east is vacant land. The purpose of the request IS to allow a 109 lot slOgle family subdivision that will be connected to Monte Verde at Terra Mar to the west The future land use map recommends low density reSidential for the sIte. fhe proposed subdivislOn will develop 109 lots for single family reSIdentIal Proposed entrances are from Holly Road and the future Oso Parkway. Staff recommendation is approval of the "R.IB" One-family DwelllOg District. Seven notices were maded Zero (01 were returned In favor and zero (0) lo opposition. Public !leanng Nas opened. Karen Howden 5637 Lexington Road. e~ressed concern with the traffic created by the development and its effect on Lexington Road. l\1s. Howden stated that Lexington Road will become an alternate route to Rodd Field Road and that LexlOgton Road is residential in character, narrow, and IS used by children and other pedestrians. In response to Commissioner Stone, Ms. Murphy stated that Lexmgton Road IS to the west of this development off of Holly Road. In response to ('ommlssloner Stone, Ms Temente stated there are no current plans to Improve LexlOgton Road. In response to Ms. Howden, Ms. Teniente stated the City's policy based on the ReSidential Traffic Program does not install speed humps on streets that lack curb and gutter because of the tendency of the driver to go around the raIsed hump. Mr. Gunning stated that the Traffic Engineering Department would be responsible for establishing a traffic management proh'Tam p' a traffic issue t'\lsts on I exmgton Road. In response to ( 'omnllSSlOner Salazar, Mr. GunnlOg stated that the Planning Commission can deny at the platting stage If they determine the lOfrastructure to be inadequate, i.e., a road bell1g inadequate to support the traffic created by the new subdiviSIon. fhe public heal 109 \\as l l()s,_',,J Motion to approve the "R..I B' One-famIly Dwellll1g Distrtct was made by Commissioner Huerta and seconded by CommiSSIOner Braselton. Motion passed unanimously with CommIssioner Skrobanzyk heinl! ahSt~llt and Commissioner Pusley excused from the meeting. ~...~....- AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY HOGAN DEVELOPMENT CO., L.P., BY CHANGING THE ZONING MAP IN REFERENCE TO 26.53 ACRES OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS LOT 1 AND A PORTION OF LOT 2, SECTION 32 FROM "F-R" FARM-RURAL DISTRICT TO "R-1B" ONE-FAMIL Y DWELLING DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Hogan Development Co., L.P., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 14, 2006, during a meeting of the Planning Commission, and on Tuesday, July 25, 2006, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard: and WltEREAS, the City Council has determined that this amendment would best serve public health, necessity. and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: - SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 26.53 acres of Flour Bluff and Encinal Farm and Garden Tracts Lot 1 and a portion of Lot 2, Section 32, located on Holly Road approximately 2,560 feet east of Lexington Road, from "F-R" Farm-Rural District to "R- 1 Bn One-family Dwelling District. (Map 039032) (Exhibit) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed SECTION 6. 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 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 25th of July, 2006 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett. Mayor, City of Corpus Christi APPROVED: July 19, 2006. i:t4~~ 1__ Assistant City Attorney For City Attorney H:\lEG-DIR\Jeannle\Garv;0606-04 Hagar De reg d! Page 3 of 3 Corpus Christi, Texas day of _______, 2006 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. Ilwe, 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 John Marez Jerry Garcia William Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott H:\LEG-DIR\Jeannie\Gary\0606-04 Hogan Dev reg doc ......' .- Jlt 3-2006 ":; : 08 FROM 36182E63974 TO: 3239 P.2 '-' 26.53 ACRES RE-ZONING THE STATE OF TEXAS} THE COUNTY OF NUECES} BEING a 26.53 acre tract of land comprised of Lot I IlDd a portion of Lot 2, Section 32, Flour Bluff and EncinaJ Fann and Garden Tracts as recorded in Volume ^ Pages 41-43 of the Map Records ofNueces County, Texas, and being a portion of that certain tract of land conveyed by George B. Gaines, Jr., et ux to The George B. Gaines, Jr. Family Limited Partnership, L m. according to Document Number 842208 of the Official Records of Nueces Co1lDty, Texas, said 26.53 acre tract of land being more fully descn"bed by metes and bounds as follows: BEGlNNING at a 5/8 inch diameter rebar (with yeJlow plastic cap stamped "URBAN SURVEYING, INe 'j set to mark the common corner of Section 27, Section 28, Section 31 and said Section 32, Flour Bluff and Encinal Farm and Garden Tracts; THENCE~ South 61 deg. 22' 33" East, along the common line of said Section 31 and said Section 32, a distance of 875.00 feet to a S/8 inch dianeter rebar (with yellaw plastic cap stamped "URBAN SURVEYING, INC. ") set for comer in the nortl1east line of Lot 2, of said Section 32; THENCE, South 28 deg. 38' 47" West, crossing said Lot 2, at 1260.96 feet pass a 5/8 inch diameter rebar (with yel/uw pkutic cap stomped "URBAN SURVEYING, me. '1 set for reference, and continuing for an overall distance of J 320.96 feet to a point for comer in the common line of said Lot 2 and Lot ] 3 of said Section 32; THENCE, North 61 deg. 20' 04" West, along the common line of said Lots 2 and 13, and the conunon line of Lot 1 and Lot 14 of said Section 32, a distance of 175.00 feet to a point for 1be common comer of Lots 8 and 9 of said Sc:ctiOD 27 and Lots 1 and 14 of said Section 32; .- THENCE, North 28 deg. 38' 47" East. along the common line of said Lot 1, Section 32 and Lot 8 of said Section 27, at 60.00 feet pass a 5/8 iDch diameter rebar (with ye/llM plastic cap stamped "URBAN SURVEflNG, INe n) set for reference and continuing for an overall distance of 1320.33 feet to the POINT OF BEGINNING, containing within these metes and bounds 26.53 acres ofland, more or less. Bearings based on Texas State Plane Coordinate System, South Zone, using City of COYpus Christi control monuments SP 071 and SP 080. Bearing from SP 071 to SP 080 is North 52 deg. 28' 26.49" West. The foregoing fieldnote description and accompanying survey plat were prepared from an actual survey made on the ground under my supervision in May, 2006 and are true and correct to the best of my Imowledge and belief. ~ ddicl.: . . . --- Professional Land Surveyor Texas No. 4943 OS' ( l..cf(bc.. S 15301 rezoninglttr/0524.06 F~"'1-':~~<--r~'fC~~ f.' 1\>'" - ... -! ~. t : ;:.;> '. ~ l "'~J' t~ . . . 'i. t ',... '. ..". .', . t:: \ .:}~~(. c. ~,,",~~~':.;i}i,) \ r -."'. ....:"",.. ~r- i \:; '~I."";:1. L: ';'~~..-"~~':'~ I~i ~~D ::.~:.... I~-' - ~./ "-~ "i.;~ r;~~""';,' CJ;..~ O{POIt;~ 0<,( fUL ~ 2006 08 FROM ~ 0 T 36182663974 TO: 3239 I/It'MINIS ~ (/If fD'AS SUff' I"UJIt ~I(" snIP (M/fTII RIIe/ =/~~ ~ ~~'~~.."..~. .o;,~:,:? ~ ""'. ........ ........ / (~ sctfON gO / tin r. I'f"fHiStW. Ef /Jl I ru -. I 1'4 mIry MY I'f"/F1fSQr IlMS; ~ ~" Jlf%U6I1M. M6P'" ",', ... /Il'O~ / '....~>(:''*' ,*&T 1M<< f/SV r~~<...,~<, / ... ~"', .J-- / "':~~>' 'fb 0~- I I "~:~:~~ / ::t":lr~!:r "~~' x /~~:>, .. . '~, " / / "~"', ", t I '~'S.", /// ........&,........ , / ',~~ , / I ,I '\ / / lb I SKC7/,oN 27 / , / ........ j-, , ,... 1-" "":>' I "',,, . ~ ,,~ I ,'1 ; / / '26.5J ACRES rV I / FLO'R BLUff ANlJ KKCTHAL 'A.I?K / AN/) CAB/}KJ{ 1',ACrS / YO.lUJiK A, PAC.fS ~/-~3 / JlA P H.tWqHDS I HlIKCKS CO(/.lfrr; J'SJAS I 1),.(;) / I SKCl'/OK 3/ I / / ......., ........... I '..... .......- I '...........'.....:.... '... / / I / I I I I / / I >, ............. ..... IlIfF,., ,AI. .. ....,Q ....,~.... :~...., 'fI.-"'. ""., ~.... , ~...::s:... ~"J. I".~l....~:~~, ....,~.................. I '...~'.... '...... ....~,.............. ........~...... ......... I t GEtIIfF 8. 1''':,So oM., cT v.r ITI€ Rf/lIIf1I" 8. U IIItl"S. M. FAI/U 111It1l7 ~17IE1fSII", LTg. / (J()QI HDr/If I / I I '1 I / I / I I I I / i I \1 \' st#hDtI'tAr '''' 1M ""~rltl7 Q1' A ~6.SJ AQfE 1#iK! IT tAMI alllfflJO IT ~ A ..,1Qf IF LO! I. SC&'TIIIA' .II. nllll MIH MfJ _1/11( I'MJlAMJ 1IfMn. IT ~ IJY Wk.fM A. "AU (f..1J IT f1E ~ ~ IT AUi t:l.VV1'. !T.ns. 11IEi:. liAr '-1 A"*PMTIItl7 F/CUJI/I)/4 Ksl:IIIPflt1N IEliE /W,o"IfEP I'11I1II At'J114/. SllVlCr IMK (I( I1tE IifIt1UIIjJ INJi'III11' .JtR'II/I1S"11JI1 /AI :r~ri. '. . 41ft) A4r hfa"~) frlIWr"CT TO 1M" .IUST iT IIY KMJI/IlrU3 Me> .J f} / ' (. \ "... -- -; ~J1:'P th'J "FSJ,",0fA< i.4W1 ~ . I ..... .,.- /ICI&UU sa VI Me+' IIUItEIU KIM . "'" mlW f'lASTIC CQ srA/lrO 1MWN SlAflCYlM, IIC,' l1li SU~v(~~MC~~NC. VIClVftl.... ruAS 116\ I ~7S..t37 SCAUI I'. <400' JtIl NO. SIS101 P.3 ~ ~~ ototYtJ ~ y 25 ~m"_ AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: 7/25/06) Case No. 0606-05. Cross Road Builders: From a "F-R" Farm-Rural District to a "R-2" Multiple Dwelling District with a"PUD-2" Planned Unit Development 2 Overlay, in Sunshine Acres, a portion of Block 11, Lot 13, located on the north side of Wooldridge Road and approximately 1,200 feet west of Rodd Field Road Pla_ninl! Commission and Staff's Recommendation (6/28/06): Approval of the "R-2" Multiple Dwelling District with a "PUD-2" Planned Unit Development 2 Overlay subject to the submitted site plan for 20 townhouses and the following five (5) conditions: 1, Heil!ht: Buildings shall not exceed two stories. 2, Lil!htinl!: Outdoor lighting shall be directed away from adjacent single family residential neighborhoods with no more than moon light (two lumens) at the property lines of the property, 3. LandscaDinl!: In addition to compliance with Article 27B, Landscape Regulations, the subject property shall provide low shrubs and minimum three inch caliper live oak trees placed on fifty foot centers within ten feet of the western property line, but not within a utility easement. 4. Screeninl! Fence: A solid screenmg fence WIth a height of not less than six (6) feet must be used along the western and northern property lines, constructed of wood with stucco columns every twenty (20) feet 5. Time Limit: ConstructIOn of the townhouse project shall commence within two (2) years from the approved ordinance date of the "R-2" / "PUD-2" overlay and construction shall be completed within five (5) years from the approved ordinaHCe date of the "R-2" / "PUD-2" overlay, or the PUD-2 expires .I..eauested Council Action: Approval of the "R-2" Multiple Dwelling District with a "PUD-2" Planned Unit Development 2 overlay subject to the submitted site plan for 20 townhouses and the five (5) conditions and adoption of the attached ordinance Pwrpose of Request To develop 20 townhouses In five buildings. S.mmary: · The Request: ApplIcant is requesting a change of zoning to a "R-2" Multiple Dwelling District with a "PUD-2" Planned Unit Development 2 overlay for the development of 20 townhouses to be contained in five fourplexes The townhouses will be a mix of one and two story units ranging in size from J .500 to 1.770 square feet. · A reSIdential "PUD-2" Planned Unit Development overlay is only pcrnutted in "R-IB", "R-2", "A-I" "A-l A". and "A -2" residential districts throughout the city. The subject property will also need the zomng changed to "R-i" ~lultiple Dwelling District to allow the "PUD 2", Planned Unit Developments are nut pamitted In the "F-R" Farm Rural District. ..........'".--.,...,.,. Agenda Memorandum Case No. 0606-05 (Cross Road Builders) Page Two . Transportation: Access to Wooldridge Road, a two lane rural roadway, is proposed. Wooldridge Road is a designated collector street on the Urban Transportation Plan and included in the 2004 Bond Program. Improvements to Wooldridge Road are funded and scheduled for completion by June 2008. The improved cross sectIon will include four through lanes. . Comprehensive Plan Compatibility - The future land use plan map recommends low density residentIal uses and the Comprehensive Plan policies encourage "infill" development. . The "R-lB" Distnct surrounding the property allows 7.26 units per acre or 18 units on this 2.48 acres site. The applicant is proposing a density of 7.92 units per acre with this Planned Unit Development. . The applicant proposes to locate the townhouses next to the existing drainage ditch along the eastside of the property with the parking area and private road to the west. As part of the PUD plat the applicant has dedicated additional drainage ditch right-of-way and a maintenance access easement. N4ItUlCation: Of the fifty-two (52) notices mailed to the surrounding property owners, zero (0) were returned in favor and twenty-eight (28) were returned in opposition for a total of 28.5% in opposition. The 20% rule is invoked. This case is considered controversial. ~~ Michael N. Gunning, AICP Acting Director of Development Services MG/FGMlblp Atladtments: I) Zoning Report 2) Zoning Map 3) Site Plan 4) Subdivision Plat 5) Planning Commission Minutes (6/28/06) 6) Ordinance H:\PLN-DIR \SH ARED GA I L\ WORD\AGENDM EM\2006June\0606-05 .'\GEND AMEM 0 .do( CITY COUNCIL ZONING REPORT Case No.: 0606-05 Oty Council Hearing Date: July 25,2006 ~ Cl ..... .E ct - ..... at · c. ~.. ~.!"" :sGoJ- lS.~ ~ II. ~ < Q OD~ I: ~ - = I: C" = ~ N~ "C I: C\'l ~ " I: . If:; ... tI? ~~ N OD ! V'J .~ ~ From: "F-R" Farm-Rural District To: "R-2" Multiple Dwelling District with a "PUD-2" Planned Unit Development 2 Overlay , Area: 2.48 acres Purpose of Request: To develop 20 to\\-nhouses in five buildings. Existing Land Use Future Land Use Undeveloped land Low-density residential Low-density residential Low-density residential - Low-density residential Low-density residential Drainage ditch and Low- Drainage ditch and Low- density residential density residential Low-density residential Low-density residential ,--L_, - -"'---'----'-'-- ~ ~ ~ i t g Area Development Plan: Southside ~ The future land use map recommends low-density ~ ~ residential uses for the subject property, Q.. = MapNo.,04103:~, ~ ~ Zoning Violations: None ~ , Zoning I Site I "F-R" Farm and Rural , DistrIct North "R-IB" One-Dwelling l I District '__ I South i "R-I B" One-Dwelling ! District East , "R-IB" ()ne-D'Welling-- I District '__. West I "R -I B" One-Dwelling __ __LP!S.!!:I ~!.. ,____. _~_ _ __ _ - Zoning Report Case No.0606-05 (Cross Road Builders) Page 2 C' ~ 8 8 =' V1 II) ti:: ~ .... V1 I · Applicant is requesting a change of zoning to a "R-2" Multiple Dwelling District with a "PUD-2" Plalmed Unit Development 2 overlay for the development of 20 townhouses to be contamed in five fourplexes The townhouses will be a mix of one and two story units ranging in size from I, SOO to 1,770 square feet I · I I A residential "PUD-Y Planned Unit Development overlay is only permitted in "R-IB", "R- 2", "A-I", "A-tA", and "A-l" residential districts throughout the city. The subject property will also need the zoning changed to "R-2" Multiple Dwelling District to allow the "PUD 2". Planned Unit Developments are not permitted in the "F-R" Farm Rural District. . Access to Wooldridge Road, a two lane rural roadway, is proposed. Wooldridge Road is a designated collector street on the Urban Transportation Plan and included in the 2004 Bond Program, Improvements to Wooldridge Road are funded and scheduled for completion by June 2008 The improved cross section will include four through lanes. . The "R-l B" District surrounding the property allows 7 .26 units per acre or 18 units on this 2.48 acres site, The applicant is proposing a density of 7.92 units per acre with this Planned Unit Development. I · The applicant proposes to locate the townhouses next to the existing drainage ditch along the eastside of the property with the parking area and private road to the west. As part of the PUD plat the applicant has dedicated additional drainage ditch right-of-way and a maintenance access easement. . Comprehensive Plan Compatibility - The future land use plan map recommends low density residential uses. However, the Comprehensive Plan policies encourage "infilI" development for greater efficiency with regard to del1Very of city services. ------_. .,.,-,-- ..--.---- Street Type Paved Section Traffic ~ Volume - ._----- ---- -- (200n 0 Wooldridge Road Arterial County Road Section with 24 1,700 a.d.t. at ci feet of pavement the approach .... to Airline ~ ~ a.. Road .... V1 W) !i The applicant has submitted a plat of the property as required for approval of a Planned Unit Development 2 ("PUD-2"\ 00 Zoning Report Case N(!'0606-05 I Cross Road Builders Page 3 . <Il .... = ~ 8 8 . 0 U .... = ~ 8 1: ~ c.. ~ Q . The subject propert) is a narrow 150 foot wide remnant of land from a single family subdivisIon Due to the narrowness, depth of property and lack of access from adjoining subdivislom, single family use would be an inefficient dcvelopment of the property. The Planned Unit Development (PUD) concept IS a recognition that, at times, greater quality of development can be achlcved by permitting modification of established zoning and subdivIsion regulatIOns and that when property is planned and developed as a unit, modIfication to nonstandard regulations IS possible without endangering the health, safety and general welfare ill' the public. i\ PUD is a tool that solves specific land development issues and allows for the lJllplementatLOn of special development concepts. On June 28, 2006 the Planmng Comnllssion approved the attached plat subject to approval of the PUD rewning = o -,c ~ '0 = ~ a a o (j ~ ~ = ~ ..... rJ'J. Approval of the "R-2" Multiple Dwelling District with a "PUD-2" Planned Unit Development 2 Overlay subject to the attached site plan and approved plat for 20 townhouses and the following conditions 1. Hei2ht: Buildings shall not exceed two stories. 2. Li2:htin2: Outdoor lightmg shall be directed away from adjacent single family residential neighborhoods with no more than moon light (two lumens) at the property lines of the property 3. Time Limit: Construction of the toWnhouse project shall commence within two (2) years from the approved ordinance date of the "R-2" / "PUD-2" overlay and construction shall be completed within five (5) years from the approved ordinance date of the "R-2" I "PUD-2" overlay, or the PUD-2 expires s:: o .- I: C'Il 0 ~~ S~ S = Q ~ U E ~S .e 0 I:l (j (;~ i: Approval of the "R-2" Multiple Dwelling District with a "PUD-2" Planned Unit Developmcnt 2 Overlay subject to the attached site plan for 20 townhouses and the above conditions, plus two additIOnal conditions Landscapin2:: In addition to compliance with Article 27B, Landscape Regulations, the subject property shall plant low shrubs and minimum three inch caliper live oak trees placed on fifty foot centers within ten feet of the western property line, but not withm a utility easement. Screenin2 Fence: A solid screening fence with a height of not less than six (6) feet must be used along the western and northern property lines, constructed of wood with stucco columns every twenty (20) feet - Zoning Report Case No 0606-05 (Cross Road Builders) Page 4 11 Ij u Number of Notices Mailed: 56 Favor: 0 Opposition: 28 (As of July 6, 20061 Attachments: Zoning Map Site Plan Subdivision Plat ~..-- , A-1 Case No. Z0606-05 Notice Map 12JUN06/HK F-R Farm Rural District RE Residential Estate Distncl RA One Family Dwelling District R-1A One Family Dwelling District R-1B One Family Dwelling District R-1C One Family Dwelling District R- TH Townhouse Dwelling District R-2 Multiple Dwelling District T-1A Tllvel Trailer Park District T -1 B Mianufactured Home Park Dist T-1C Mlnufactured Home Subdivision District A-1 Apartment House District A-1A Apartment House District A-2 Apartment House District A T Apartment- Tourist District AB Professional Office District 1-1 limited Industrial District 1-2 Light Industrial District 1-3 Heavy Industrial District SP Special Permit PUD Planned Unit Development B-1 Neighborhood Business District B-1A Neighborhood Business District B-2A Barrier Island Business District B.2 Bayfront Business District BD Corpus Christi Beach Design Dist. 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Nev., Zoning a Case No 0606-05 and Plat 0606123-P058 Cross Roads Budders: From a "F-R" Farm-Rural District to a "R-2" I "PUD-2" Multiple Dwelling DistrictIPlanned Unit Development - 2 Sunshine Acres, a Portion of Block 11, Lot 13, located on the north side of Wooldridge Road and approximately 1,200 feet west of Rodd Field Road Robert Payne presented the above subject property (a new application from the request submitted in Apnl, 2006) requesting a change in zoning to a "R-2" ! "PUD-2" Multiple Dwelling Distnct/Planned Umt Development. 2 for the purpose of development of twenty (20) townhouses comprising of five (5) buildings. The surrounding area consists oflow-density residential with the future land use map recommendmg the same. The townhouses will consist of one (1) and two (2) story units rangmg from 1,500 to 1,770 square feet on 2.48 acres. The applicant proposes to locate the to\vnhouses next to the existing drainage ditch along the east side of the property with the parking area and private road to the west. There were fifty-two (52) notIces mailed out with zero returned m favor and 28% returned in opposition. In view that this is a narrow 150 foot wide remnant ofland making single family use an inefficient use of the property, Staff recommends approval subject to a site plan and the following conditions: 1. Heii!ht: BUildings shall not exceed two stories. 2. Lii!htini!: Outdoor lighting shall be directed away from adjacent single family residential neighborhoods with no more than moon light (two lumens) at the property I ines of the property 3. Time Limit: Construction of the townhouse project shall commence within two (2) years from the approved ordinance date of the "R-2" ! "PUD-2" overlay and construction shall be completed within five (5) years from the approved ordinance date of the "R-2" with a "PUD-2" overlay, or the PUD-2 expires. In answer to Commissioner Pusley's question, Mr. Payne stated that the rear portion of the tov.womes will back up to the Wmdsong residential development and the drainage ditch and currently there is no fencing requirement for this project. Public hearing was opened. Joe Garcia (representing Cross Road Builders), 4626 Weber Road, Corpus Christi, Texas stated that the proposed townhome development is comprised of a 150 foot wide piece of property, 600 feet in depth with four (4) plexes with five (5) buildings. Plannmg CommiSSion Mlllutes Case No 0606-0'1 (Cross Road Builders 1 Pa!L'> .: wo There will be two story Ulllts In the center of the development with single story units on the outside wIth IdentIcal buildings made of stucco and 30-year composite roofing. Fencing will be around the gated complex with a homeowners association in place to take care of all maintenance. There wilJ not be a dumpster location as all trash will have individual private pick up. Infill development for thc ell\' has been requested and It IS possible on thIS piece of property. In answer tll Cummlssloner Huerta' s questIon. Mr. Garcia stated there will be a sep:.lrJtlon 01 sIXty ((10) feet frorr the r'':Sldentlal development In answer tu C\.mmlssloner PlIskfs questIOn. Mr. Ciarcia stated the neighborhood assocIation will be collecting dues and each Ulllt will be owner occupied. Regarding the fencing, Mr Garcia stated that 11 will be 3 SIX (6) foot wood fence with stucco columns every twenty (20) fee! Miguel Saldan;; stated that the drainage easement IS approXimately 120 feet in width. Regarding the landscaping, Mr Garcia stated that the strip outlined on the site plan is Intended to be a landscape strIp With low shrubs and trees. This will help to screen the separation between the 10wnhome:-; and the residential area. Miguel Saldana stated there IS d fifteen ( 15) foot utilIty easement along the west property line so trees would not he recommended in that area. Mr. Garcia stated the Intent IS to put the utility easement below the drive areas in the development along with installatIOn oj a fire hydrant. The far west side will be dedicated to the landscaping with the east side serving the utility easement. Jon Ke]th, 2422 Windsong, ('orpus ChrisH. Texas stated that the first time notification was received regarding this case 111 Apnl, there were seventy-five notices in opposition. With this case, there were some neighbors that did not receive notification. Mr. KeIth stated that his reSidence was purchased twenty-one (21) years ago and at that time there was a vacant lot at thIS locatIOn and was told that the land would stay vacant and not be developed. Mr Kelth stated his opposition to the construction of this development. This is a vel') narrow area whIch includes a large drainage ditch. The whole area is surrounded by single- famIly resldentlal housmg that opposes the construction of this multi-family development. Regarding the landscapmg, there IS no space to put trees 111 the area Barry Dalton, 2429 Windsong. Corpus Christl, Texas stated that this is a tiny piece of land and was built on a one hundred (100) year flood plain. The floor plan is very deceiving as to what It actually IS. Mr. Dalton stated he was also told that it would never be developed. Patricia TruJillo, 2430 Wmdsong, Corpus Christi, Texas stated the property was purchased as a retirement home a year ago. Due to the information received that no development would occur on the adJoming property. wall-to-wall windows were installed overlooking my back yard. With the development of these tovmhouses. there will be no privacy available to me and the resale value of the property would not equal what has been spent on the property. Ms. Trujillo stated that there is a \er) old bridge located on Wooldridge near the drainage ditch which IS 1)()t safe and there will be a problem \\'lth emergency vehicles accessing this development. Plannmg CommissIOn Minutes Case No 0606-05 (Cross Road Builders) Page Three Mary Myress, stated her property is located across the ditch on Woodway Drive and stated opposition to two (2) story buildings looking into her property. The residents on eimarron Drive have been very unhappy wIth the apartment development that was built next to a residential development in their area which is similar to what is being proposed here. Also, Wooldridge Road h very narrow and won'( be fixed until at least 2008 There will also be increased traffic with thIs development. Public hearing was closed. Commissioner Braselton stated that the development would only improve the property as It is now Additionally, the price of the townhomes will be pretty substantial and similar to the ones that are very nice which are located on Airline Road Commissioner Salazar stated that with the size of the property, this is probably the only thing that could be done with the property. OtherWise, the property would just stay vacant, and for the property owner, that would not be an option. With 1600 square feet townhouses, I don't see the de-evaluatlon. This is something supported by Staff and will be a gated community with certain conditions to be placed upon It. In answer to Commissioner Pusley's questIOn regarding drainage, Mary Frances Teniente stated that the plan improvements do not require an additional drainage easement dedication. There IS a need for a small part of parcel acquisitIOn at the comer of the ditch for access and that IS being worked out with the developer COl1nlllSSlOner Pusley stated that Mr. Garcia has submitted a nice plan but also very sympathetic to the neighbors. In answer to Comnllssioner Huerta's question, Mr. Garcia stated that with the size of the property, no developer would do a single family residential development. A flagged lot design would only accommodate two (2) to three (3) homes. Motion for approval of a "R-2"/"PUD-2" Multiple Dwelling DistrictIPlanned Unit Development - 2 was made by Commissioner Martinez and seconded by Commissioner Braselton subject to a site plan and the following conditions: l. Hei2:ht: BuIldings shall not exceed two stories. 2. Li!!:htin!!:: Outdoor hghting shall be directed away from adjacent single family residential neighborhoods with no more than moon light (two lumens) at the property lines of the property 3. Time Limit: Construction of the townhouse project shall commence within two (2) years from the approved ordinance date of the "R -2" / "PUD-2" overlay and construction shall be completed within five (5) years from the approved ordinance date of the "R-2" / "PUD-2" overlay, or the PUD-2 expires. 4. ScreeniD!! Fence: A six (6) foot wood fence with stucco columns every twenty (20) feet. 5. Landscapini!: Landscape strip to the east consisting of low shrubs and live oak trees of three (3) inch caliper placed fifty feet on center. .....- '.- Plalmmg ComnmSlO1l Mmutes Case .'\Jo 0606-05 (Cross Road BUlidw. J Page Four MotIOn passed unammously with Commissioners Huerta and Pusley voting no and Comnllssioners Stone and Zamora being absent. Plat No 0606123-P058 Sunshine Acres, Block I, Lot 13R (Final Reolat - 2.50 Acres) Located north of Wooldridge Road and west of Wood way Drive, both west of l{odd FIeld Road. MIguel Saldana stated that the plat had been submitted for approval and the applicant is workmg on the easement drainage dItch. Staff recommends approval. MotIOn for approval of plat was made by Commissioner Martinez and seconded by CommIssioner Salazar. Motion passed unanimously with Commissioners Huerta voting no, ComrmsslOner Pusley !>eing out of the room and Commissioners Stone and Zamora being absent AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY CROSS ROAD BUilDERS, BY CHANGING THE ZONING MAP IN REFERENCE TO SUNSHINE ACRES, A PORTION OF BLOCK 11, lOT 13, FROM "F-R" FARM-RURAL DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT WITH A "PUD-2" PLANNED UNIT DEVELOPMENT 2 OVERLAY, SUBJECT TO A SITE PLAN AND FIVE CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of 1 st Community Bank, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 28,2006, during a meeting of the Planning Commission, and on Tuesday, July 25, 2006 during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY IHE CITY COUNCil OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Sunshine Acres, a portion of Block 11, Lot 13, located on the north side of Wooldridge Road and approximately 1,200 feet west of Rodd Field Road from "F-R" Farm-Rural District to "R-2" Multiple Dwelling District with a "PUD-2" Planned Unit Development 2 overlay, as shown on the attached Exhibit and subject to the following five conditions: (Map 041033) 1. Heiaht: Buildings shall not exceed two stories. 2. Ughting: Outdoor lighting shall be directed away from adjacent single family residential neighborhoods with no more than moon light (two lumens) at the property lines of the property 3. landscaping: In addition to compliance with Article 27B, Landscape Regulations, the subject property shall plant low shrubs and minimum three inch caliper live oak trees placed on fifty foot centers within ten feet of the western property line, but not within a utility easement. ~......._"- Page 2 of 4 4. Screening Fence: A solid screening fence with a height of not less than six (6) feet must be used along the western and northern property lines, constructed of wood with stucco columns every twenty (20) feet. 5. Time Limit: Construction of the townhouse project shall commence within two (2) years from the approved ordinance date of the "R-2" I "PUD-2" overlay and construction shall be completed within five (5) years from the approved ordinance date of the "R-2' I "PUD-2" overlay, or the PUD-2 expires. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August. 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed SECTION 6. 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 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 25th day of July, 2006. ATTEST: CITY OF CORPUS CHRISTI Annando Chapa City Secretary Henry Garrett. Mayor, City of Corpus Christi H:\LEG-DIR\Shared\GarySagenda2006\iJ7_2S\0606_05 Cross Road BUilders reg doc - Page 3 of 4 APPROVED: July 19, 2006. ~~ .. ry . Smith A$sistant City Attorney For City Attorney H:\lEG-DIR\Shared\GaryS\agendaI2006\07-25\0606-05 Cross Road Builders reg.doc ....... .""",' Page 4 of 4 Corpus Christi, Texas _. day of ___. _._ _' 2006 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. Ilwe, 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 John Marez Jerry Garcia William Kelly Rex A Kinnison fv1elody Cooper Jeese Noyola Mark Scott H:\LEG-DiR\Shared\GarySlagenda\2006\07 -25\0606-05 Cross Road Builders reg.doc 26 - AGENDA MEMORANDUM PUBLIC HEARINCi ZONING (<'It) Council ActIOn Date: 7/25/06) Case No. 0606-07. Rov D. Bennett: From a "R-I B / SP" One-family Dwelling District with a Special Penmt to a "B- I ,. Neighhorhood Busmess DistrIct. Guth Parkside Annex, Lot 4A, Block 1, located along Rand Morgan Rilad and applw{lInatcly 410 feet south of Up RI ver Road. Plannin2 Commission and Staff's Recommendation (6/28/06): Denial of the "B-1" Neighborhood Business District, and In lieu thereof, approval of a "B-1" Neighborhood Business District on the front portion of the property and "B-I;\" on the rear portIOn of the property, per the metes and bounds descnptlOn B.eauested Council Action: Denial of the "B-1" NeIghborhood Busmess District, and in lieu thereof, approval of a "B-1" NeIghborhood Busmcss District on the front portIon of the property and "B-1 A" on the rear portion of the property. per the metes and bounds descriptIOn. and adoption of the attached ordinance Pwpose of ReQuest '11) re 'one for J"uture conunerclal development. S....marv: · Request: The applicant IS requcstmg a change of zomng from "R-1B" One-family Dwelling Dlstrict to "B-I ,. Neighborhood Business District for future commercial development. · Existing Land USt: The current land use Gf the property IS a trampoline repair business. A Special Permit was approved In December 1984 to allow a conunercia1 use in a "R-IB" District. fhls property IS located \vest of Rand Morgan Road and approximately 410 feet south of Up Rl ver Road · Comprehensive Plan and Land Use Compatibility: The requested "B-1" District will promote commercial uses which are compatIble with existing and future uses in the area. This district is consistent With the future land use map. · Transportation: The subJect property has aCl'ess to Rand Morgan Road. Rand Morgan Road is an artenal street wlth 100 fed of RO.W. and 54 feet of pavement. This street is scheduled for wldening. The Applicant concur~ \\ Ith lhe Plannlflg ('qmmisslOn and StaWs recommendation. :''l1li''''''1' ....~ Agenda Memorandum Case No. 0606-07 (Roy D. Bennett) Page Two Notification. Of the fifteen (15) notices mailed to the surrounding property owners, zero (0) were returned in favor and four (4) were returned in opposition, for a total of 14.64%. The 20% rule is not invoked. This case is considered controversial due to the request for "B-1" adjacent to "R-IB" Oue-family Dwelling District to the west. ~~~ Actmg Director of Development Services MGfFGMlblp Attachments: 1 ) Zonmg Report 2) Planning CommIssion Mmutes (6/2R/06) 3) Ordmance H\PLN-DIR\SI1ARFD\G!\11 WI lRD AGENDMFM\200h\lune\0606-0' AGFNDAMEMO.doc CITY COUNCIL ZONING REPORT Case No. 0606-0- Planning Commission Hearing Date lune 28, 2006 ^'JI i Applicant: Roy D. Bennett -= .~ ! Owner: Same as Applicant = -.....! ~ ~ .9-1 Agent: Same as Applicant =a. ~ ~ I Property Area: Guth.Parkside Annex, Lot 4A, Block 1, located along Rand Morgan ~ Q Road and approximately 410 feet south of Up River Road. I ; From "R -1 B" . SP One- family Dwelling District with a Special Permit - con ~ = 0'" ~ ~ b.Cl = .... = o N To "B-1" 1\eighborhood Business District Area: 245 acres Purpose of Request: To rezone for future commercial development. con ~ con P "0 = ~ ~ "0 = ~ b.Cl = .2 o N b.Cl .= - 'Ii 'Q ~ ; ~.~-- i: Zoning r,~ite'--r-'R~TB"/SP One-famil}". Dwellmg DistrIct with ~._._~eClal Pemut . .. _. . ,vorth ' "R-l B" One-family Dwelling Dlstnct,'B-I" Nelghhorhood Busmess DistrICt,'B-4' __._~Jeneral Business Distn~l. South! "R-IB" One-family Dwelling i DistrIct E~--;{ -! "F-R"/Sp. Far~-R.~;;T- [}jstnct with SpeCIal Pcmut, "8-4 "/S]> General Business . _ .1Q_lStrlct with SpeCial PermIt rl'es( "R-IH" (Ine-family Dwelling lhstnct _--.L~ Existing Land Use Future Land Use mmercial, Vacant Land Commercial, Low-density residential -density residential, Commercial, Low-density )mmercial, Vacant residential ------- cant, Low-density Low-density residential Idential blic Semi-public, Public Semi-public )mmercial, Low-density sidentia 1 cant, Low-density Low-density residential sidentlal ----_.__.._~..__. ---~---.- ~ <IJ ~= < Co Low C Va res Pu I C, re. Va Area Development Plan Northwest The future land use map supports commercial uses Map: 05904S Zoning Violations: NOlle ~ Zoning Report Case No 0606-07 (Roy D Bennett) Page 2 · Request: The applicant is requesting a change of zoning from "R-IB" One-famIly Dwelling District to "B-1" Neighborhood Business District for future commercial development. . ,.~ ~ ~ E E = IJ1 '" ti:: . ~ ..... IJ1 Existing Land Use: The current land use of the property is a trampoline repair business A Special Permit was approved in December 1984 to allow a commercial use in a "R-1B" District. This property is located west of Rand Morgan Road and approximately 410 feet south of Up River Road. Comprehensive Plan and Land Use Compatibility: The requested "B-1" District will promote commercial uses which are compatible with existing and future uses in the area. This district is consistent with the future land use map. . Transportation: The subject property has access to Rand Morgan Road. Rand Morgan Road is an arterial street with 100 feet of R.O.W. and 54 feet of pavement. This street is scheduled for widening. WJ liS 2C! II) ..... 1:1 WJ IP ..... E ~ t: E tIS E t~ QU ~ o ~ Street I~and Morgan Road. up River Road I _____u___ i I I I I · i -- .-- _...~._.' -----. Paved Section Volume (2001) 100' R.O.W. wi 54' Bk to 2,490 A.D.T. Bk pavement 75' RO.W. wi 50' Bk to 2,240 A.D.T. Bk pavement Type Arterial ..... ~ ~ ~ ..... IJ1 Collector The subject property IS platted. The proposed "B-1" District would allow for the operation of retail, personal service uses within a residential area. · A solId screening fence of six (6) feet in height is required, when the lot designated as conunerClal adjoins a residential district. Zoning Report Case No 0606-07 (Roy D Bennetti Page ? t: o ; = ,;] - E VJ E o CJ Q.,j Q:: Del1lai 01 tht "B-1" Neighborhood BUSiness Dlstnct, and ll1 lieu thereof, approval of a "B-1" Neighborhood Husll1cSS Dlstnci on the Iront portion of the property and "B-1A" on the rear portIon of the pr'lperl\ pt II1\' metes and hounds description = .~ = - ...., 0 = -.... "'0 .S ~ = = .~ E i5:oE u ~ ~ ex: Denial of the "B I" Neighborhood Business DIStnct, and in 1 ieu thereof, approval of a "B-1 " Neighborhood Business Distnct on the front portion of the property and "B-1A" on the rear portlOn of the property per the metes and bounds description ,." -"'0 = Q.,j Q.,j i> e .~ e ~ o - U~ Number ofNollces Mailed: 15 i Favor 0 Opposition 4 (As of July il, 2006) Attachments: Zoning Map H:\PLN-[)IICSfJARID', ;~l' WI )R[) LONRI'IS\(106Jun,',! 'C [{FPOR rS\i)6i)()-07CC REPOR1.doc 1B~ ~ '.' Cf) a:::: 0 Cf) Cf) 4 W Cf) Cf) <t: f., f 7 28 W > a:: 0 2 ~ 10 0 a:: 3 a:: 0 ~ L 9 '-; f 7 1 8 10 11 12 28 8-11 / ,.,.~ ~~8 l"~ J". ~ It~y B- 4 .J? 3 12JUN06/HK F.R Farm Rural District RE Rasidential Estate District RA One Family Dwelling District R.1A Ohe Family Dwelling District R.1B Ohe Family Dwelling District R.1C Ohe Family Dwelling District R.TH 'Fownhouse Dwelling District R-2 lIuttipIe Dwelling District T-1A Travel Trailer Park District T.1B "nufactured Home Park Dist. T .1{; "nufactured Home Subdivision District R-1B ;; 2 FRANK ADD FRlSP /96-07 Cl c::: 6 7 2 Case No. Z0606-07 Notice Map A.' Apartment House District A.1A Apartment House District A.2 Apartment House District AT Apartment.Tourist District AS Professional Office District 1.1 Limited Industrial District 1.2 Light Industrial District 1-3 Heavy Industrial District SP Special Permit PUD Planned Unit Development B-1 Neighborhood Business District B-1A Neighborhood Business District B.2A Barrier Island Business District B-2 Bayfront Business District BD Corpus Christi Beach Design Cislo B.3 Business District B-4 General Business Distrid B.5 Primary Business District B-6 Primary Business Core District HC Historical-Culturallandmark Preservation A 2 A NORTH o 100 200 I Feet MINUTES Rf:GULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday -- June 28, 2006 5:30 P.M. IV. ZONII\lG h Case No 0606-07 Roy D. Bennett: From a "R-I B/SP" One-family Dwelling District with a Special Permit to a "B-] " Neighborhood Business District Guth Parkslde Annex, Lot 4A, Block], located along Rand Morgan Road and approximately 4] 0 feet south of Up River Road Shannon Murphy provIded a Power POll1t presentatIOn of the above case and surroundll1g area which IS located along the eastern portion of Rand Morgan Road requesting a "B..] ., Neighborhood Business District for the purpose of commercIal development. Mrs. Murphy stated that the prospective buyer of this property is interested in starting a business mvolvmg transportmg disabled adults The subject property is located in a "R-l B" One-Family Dwellmg Distnct and receIved a Special Permit 111 1984 to allow for commercial use to operate a trampolme repair busmess The surrounding land use is a mixture of single family residential and general commercial business with the future land use map supporting commercial uses. There were fifty \50.) notices matled out with zee. returned in. favor and 14.64% received in opposition. Staffrecommends denial of a "B-1 'INeighborhood Business District and, in lieu thereof. approval of a "B-1 A" Neighborhood Busmess Distnct. PublIc heanng was opened Roy Bennett, 11105 Birclwood. Corpus Christi. Texas stated his preference for the request would be a'B- "on the front p0l1ion and "a "B-1 A" on the back portion of the property. Publ1c heanng was closed Faryce Goode-Macon stated that If the "13 -I" and "B-I A" zoning is split within the property, an additional metes and bounds will be required. MotIOn was made for approval of a "B-1" Neighborhood Business District by CommIssioner Shobarl"zyk and seconded by Commissioner Salazar. CommISSioners Pusley, Braselton and Huerta stated their support of a "B-1" / "B-IA" NeIghborhood BusU1es~ Distnct split on the property. CommISSIOner Skrobarczyk reSCinded the motton for a "B-1" Neighborhood Business Distnct Molton was made for approval of a "B-1 ., Neighborhood Business District on the front portion of the property and a "B-l A" on the rear portion of the property per the metes and bounds deSCrIption by CommiSSIOner Salazar and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Pusley voting no and Commissioners Stone and Zamora being absenl AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ROY D. BENNETT, BY CHANGING THE ZONING MAP IN REFERENCE TO GUTH PARKSIDE ANNEX, LOT 4A, BLOCK 1, FROM "R-1 B"/ SP ONE-FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT IN THE FRONT PORTION OF THE PROPERTY FACING RAND MORGAN ROAD AND "B-1 A" NEIGHBORHOOD BUSINESS DISTRICT IN THE REAR PORTION OF THE PROPERTY; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Roy D. Bennett, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 28, 2006, during a meeting of the Planning Commission, and on Tuesday, July 25, 2006, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard: and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Guth Parkside Annex, Lot 4A, Block 1, located along Rand Morgan Road and approximately 410 feet south of Up River Road, from "R- 1 B'lSP One-family Dwelling District with a Special Permit to "B-1" Neighborhood Business District in the front portion of the property facing Rand Morgan Road and "B- 1 An Neighborhood Business District, approximately a 198 foot portion of the rear property. (Map 059048) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect """"'" .- Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed SECTION 6. 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 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 25th day of July, 2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett. Mayor, City of Corpus Christi APPROVED: July 19, 2006. ~~-~~-- ry Sm ith Assistant City Attorney For City Attorney HIlEG-DIR.ieannle\(;ar, 06060" Roy (! Ben~tt At Ii, Page 3 of 3 Corpus Christi, Texas . day of _______ ._' 2006 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 John Marez Jerry Garcia VVilliam Kelly Rex A Kinnison Melody Cooper Jesse Noyola Mark Scott H:\LEG-DIRIJeannle\Gary\0606-07 Roy 0 Benett AIUoc ~...,- - Rdtl409 1Ml<<1712 baft GRANTED, SOLD AND OONVIYED, aDd by th... preeenta do GRANT, SELL AND CONVBY lIDto a.. DAL& BENNIITl' and wife, NORMA BENNETr 01 N uec es County, Texaa, all that certain property situated in N ueces Oount,y, Texaa. described as followlI, to-wit: Tract 4 of a resubdivisioa of . portion of a 98.246 acre tract out of the SE corner of the P. Hinojoaa Survey No. 422, State Abstract No. 850; the tract covered hereby being more particularly described by metes and bounds as follows: COMMENCING at an iron pipe in the County Road which marks the SE corner of Survey No. 422; 'mImCE, N. along tbe center Une of said County Road a d 1st.nee of 1,667.27 ft. to a point; THIlNCR, W. 30 ft. to an iron pipe set for S8 comer of this tract and the place of beginning; THmJCE, W. 357.40 it. to a point, the SF: corner of Tract 5 of the above laeottoned resubdiv1sion; for the ~ corner of this tract; THalCE, N. along tbe E. line of Tract No.5, 200 ft. to a point for NW corner of this tract aDd SW comer of Tract 3 of tbe above mentioned resubdivision; nUNCE. E. along the S. line of Tract No.3, 357.40 ft. for HE corner of this tract and SF: corner of saLd Tract 3. said point being on W. ROW line of the County Road; THalCR, s. along W. boundary line of County Road 200 ft. to P!.ACE OF BEGINNING. ~BJECT TO: Oil, gas and udoera1 lease dated March 2, 1946. Joan G. Kenedy, Jr. et .1 to lenvar 011 Corporation, recorded in Vol. 78, Page 531, Oil & Cas Records of Nueces county, Texas, and asstgnefi by instrwaent dated April 4. 1946. Phillips Petroleum Compauy, recorded in Vol. 79, l:'age 369, Oil & Cas Records of Nueces County, Texas, together with all subsequent instrU1llents thereunder; aOO subject to 63/64 of all oil, gas and minerals reserved in deed dated February 5, 1946, John G. Kenedy, Jr. et a1 to G. R. S\oI4ntner et al, recorded in Vol. 322, Page 476, Deed Records of Nueces county, Texas; and subject to all remaining oil, gas and minerals reserved in deed dated February 15, 194 7, G. R. Swantner et a 1 to Edgar Linkenhoger, recorded in Vol 361, Page 25, Deed Records of Nueces County, Tex:Qs. This conveyance is made subject to any and all restrictions, covenants and easements, if any. relating to the hereinabove described property, but only to the extent they are still in effect and shown df record in the hereinabove mentioned County and State. TO HA VB AND TO HOLD the ea.id prem.ill~. together with all righta, henditaments and ~ D&IlCeCI thereto belor1&inc. unto the lAid grantee s above D4D1ed, the ir he1n and uaJgn, forever. And we do hereby bind ours elves, our beire, executol'll and adminUtraton, to WARRANT AND FOREVER DEFEND the title to ~aid property unto the !aid grantee 5 above named, their hein aDd 8Il8igna, against every person wholll!Oever lawfully claiming or to claim the aame, or any part thereof. "B-1 l(roYn~ use O(fOfo,() 1 UfUI I-HUII<\J~ VOl 1565 f'^~{ '137 .....- -.- KUlL409 l~l<<1713 . U[(lt '~ltUf(US UBCU'l'BD this tbe 7th day of tiay. 1976. vOl1565.:~f738 fYJ 'lJ( ~ . KARL H. CaIDn ~ A. (1~ CAROLE B. CRIDER STATE OF TEXAS COUNTY OF NUECES } Before me, the undeniped authority, OD thia da7 pereouall7 appeared KARL H. CRIDER and wife, CAROlE B. CRIDER ''In _.", ~,tome.to-~~penous wbon aames are subecribed to the forepiDg iDatrament, and ac- ",,' .c' .' . 'f" . : ~,to Jq8.'that they executed the aame for the PurpGIeIJ and consideration tbereia expreaaed. . 1. . ", ~ ,~ ~ -.' -'. ..... :'.~~ ~ - . , . '~,. ".GiTeIa~' ID7 baud and eeal of offiee, thia Nay, 1976. <~, ,':-. .....-; . ... '. If'> f Notar,- STATE OF TEXAS } COUNTY OF Betore me, the undersigned authorit,y, on thiI day peraonalJy appeared known to me to be the person whoae name ItDowledged to me that he executed the same for the purposes and OOll5ideratioD therein expressed. llubecribed to the foregoing inatrument, and ac- Given under my hand and ~eal of office. thill Notary Public day of County, Texu. ust. DWOcP ,.D 1 ~Oll452111\~.{ fJJ7 haft GRANTED, SOLD AND OONVBYBD,IDd b1 tb_ preHDta do GRANT. SELL AND OONVBY unto ROY DALE BENNm and wife, NORMA J. BarnET! lJ:'.~iJ ,:;<fctmUS 1r:;nn ...' j(\ VOl \4'.::h'J /,.\If' U of t-Iueceb County, Teua, all that certal.n property .ltuAted in Nueces OountJ. Texaa, deecribed as foUowa, to-wit: Portion of Tract 5 of a reaubdiviaion of a portion of a 93.246 acre tract auto! the P. Hinojosa Survey No. 422. State Abstract 1'10.850, and being described by metes and bounds as follows: BEGINNING at SW corner of Lot 4, Block 1, Guth Parkside Annex, as shown by lOap recorded in Vol. 42, Page 42, rlap Records of Nueces County, Texas, said point being SE corner of Tract 5; THENCE. N. 200.0' along~. boundary of Lot 4, Block 1, Guth Parkside Annex to NE corner of this tract and NW corner of Lot 4, BLock 1; TH~CE, -W. 198.38' to NW corner of th is tract, and N E corner of Lot 7, Block 2, Guth PaTks ide. as shown by IIIClp recorded in Vol. IS, Page JS, Hap Records of Nueces County, Texas; TlUlNCK, S. 200.0' along K. boundary of Guth Parkside, Block 2, to SW corner of this tract and SE corner of Lot 8, Block 2, Guth parkside; THENCE. E. 198.04' aloeg S. boundary of Tract 5 to SI:; corner of this tract aud POINT OF BEGINNING. and contait1illg 0.910 of an acre SUBJIlCT TO; Oil, gas and llIineral lease dated February 5, 1957, Elena S. Kenedy et .1 to Del Mar Dr! 11ing Co., recorded in Vol. 158, Page 386, 011 & Gas Records of Nueces County, Texas; and sub1ect to oil, gas and mineral lease dated June 20. 1957. Elena s. Kenedy et al to ROlIlllR S. Waldron, recorded in Vol. 161, Page 80, Oil & Gas Records of Nueces County, Texa!>, and all 6 ubsequent instrUlllents thereunder; alld lubiect to 63/64 uIlnera1 interest reserved in warrauty deed dated February 5. 1946, John G. Kennedy, Jr. et al to G. R. Swantner et aI, recorded in Vol. 322, Page 476, Deed R.ecords of Nueces County, Texas; and subject to all remaining oil, gas and minerals reserved in warranty deed dated February 15, 1947, G. R. S'oIantoer et a1 to Edgar Linkenhoger, recorded in VoL 361, Page 25. Deed Record~ of Nueces County, Texas. This conveyance is made subject to any and all restrictions, covenants aod easements, if any. relating to the ab~ described property, but only to the extent they are still in effect and shown of record in the above mentioned County and State. TO HAVE AND TO HOLD the said premiaea. together with aU righta, hereditamenta and app~ nancea thereto be10~. UDto the said grantee 5 above named, the ir heir, and urdgua forever. And we de hereby bind ourH lves, OUI heirll. executors and adm.inietraton, to WARRANT AND FOREVER DEFEND the title ro Mid properly unto the !laid grantee s above named. the ir bein awl 8881gIl8, against every penJon whoID!Oever lawfully claiming or to claim the same, or any part thereof. "6- \A" poY'-h~ CAse: 0000-07 ........."_..,- QBu.452 ~ 508 JIJECJt11'ID thta 4th day of March. 1977. ICdvVHL at ~ ~D A. sctb <} . / I' I. ;! (( d I t-i . _ iLI7T"i.. EDITH SCHUEtTE STATE OF rpw.x A~ OOUNTY OF NU~ES Beton me, the lIlMIeniped autbodtJ', OIl tbia day pereonall7 appeared ROLAND A. SCHUETl'E and w1fe. EDITH SCHUETTE ~~:~to,~JJle penon s whoM name s are aubeerihed to the forerotng lnatrument, awl ~~~:~.~~t the Y es:eeuted the same for the purposes and consideration therein expre.ued. "~"-:::r" '. ~ :'}:~'_~~.__::~ri~~t~ aDd leal of officA, thIa . - da1 of -<<,(>.~..~~. . .t .t.... 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V o c: Ii Q) "e>> o "6 tit ~ o Q) ?= 2 ~ 0:: ....... ,-, 28 ~"""-"-; Requested Council Action: 7/25/06 Alternate Date: 8/22/06 COUNCIL MEMORANDUM RECOMMENDATION: A) Motion approving the Expansion Phase years 2 through 5 of the Automated Meter Reading project, including infrastructure rehabilitation, with Northrop Grumman, Herndon, VA, in the amount of $14,948,639. Funding has been programmed in the adopted FY2005 Capital Budget and will be included in the FY2007 Capital Budget B) Motion approving a consulting contract with RAM Technologies, Inc., Fort Washington, P A for contract management and technical assistance necessary for implementation of Expansion Phase years 2 through 5 of the citywide Automated Meter Reading project, including rehabilitation, in the amount of$I,280,562. Funding has been programmed in the adopted FY2005 Capital Budget and will be included in the FY2007 Capital Budget ************************************************************************ Previous Council Action August 17, 2004 City Council approved the Pilot Automated Meter Reading project with Northrop Grumman, Herndon, VA in the amount of$597,248. August 23, 2005 CIty Council approved Expansion Phase year I of the Automated Meter Reading project in the amount of$2,96~70. August 23, 2005 -- City CouncIl approved the consuhant contract for contract management and technical assistance for the Automated Meter Reading Project with RAM Technologies Inc. in the amount of$376,400. May 9, 2006 - City ( 'ouncil approved amendment No. I to the consultant contract for contract management and technical assistance for the Automated Meter Reading Project with RAM Technologies Inc. in the amount of$82,790. Background: The Automated Meter Reading (AMR) project is proving to have a beneficial impact on the operations of the City. To date, the City has converted approximately 17,390 direct read gas and water meters over to the Automated Meter Reading (AMR) System. A higher level of customer service is available to these customers due to the City's ability to capture real time meter reads on any given request. A review of the billing and consumption data for a random sample of meters that have been converted within the Pilot AMR program indicates positive results have been achieved. A review of the funding required to support the Expansion Phase years 2 through 5 indicates adequate funding has been programmed into the FY 2005 CIP Budget. Given the above results of the ARM project, the City is ready to proceed with the citywide implementation of the system. The total number of conversions remaining to be completed over the five year period is approximately 130,164 meters. Northrop Grumman (NG) has trained and mobilized sixteen installation crews to install and activate the converted meters throughout the City. The supply chain contractors for the AMR system, meters and infrastructure are all positioned to manufacture and deliver the supplies according to the release schedule developed for the project. The return on investment indicates the City will achieve a breakeven point in year 14 of a twenty year cycle with an anticipated savings of approximately $1.6 million dollars over the same period. Approval of Expansion Phase years 2 through 5 of the AMR project will allow the City to capitalize on the momentum achieved to date and provide for a contiguous implementation ofthe remaining work to be accomplished. Annual updates will continue to be provided to Council as the project continues through its life cycle. Funding: 2005 CIP Budget Water CIP Fund 4475-550919-200466 Gas CIP Fund 4550-550910-200466 $11,757,583 4.471.618 Total: $16,229,201 -------/ Michael Barrera / Procurement & General Services Manager ~--- City of Corpus Christi Purchasing Division Price Sheet 7/2511006 Automated Meter Reading Project - Expansion Years 2 througl ~..,- 29 ..... ."...... CITY COUNCIL AGENDA MEMORANDUM July 25, 2006 AGENDA ITEM: Resolution approving the FY 2006-07 budget for the Corpus Christi Digital Community Development Corporation (CCDCDC). ISSUE: On January 31 , 2006 the City Council passed Resolution 026635 approving the formation of CCDCDC and approving its Artictes of Incorporation and Bylaws. The Agreement between the City and CCDCDC dated May 8, 2006 calls for the City Council to approve the Corporation's budget. The Corporation approved its budget on July 6, 2006. PREVIOUS COUNCIL ACTION: J81uary 31, 2006- Passage of Resolution approving formation of the Corporation and its Articles of Incorporation and Bylaws REQUIRED COUNCIL ACTION: Approval of the FY 2006-07 budget RECOMMENDATION: StI8ff recommends approval of the budget. ~~f~ Loyd E. Houlihan Assistant Director of Management and Budget Atlachments: EltIibit A: CCDCDC Proposed Budget - RESOLUTION APPROVING FY 2006-07 BUDGET FOR CC DIGITAL COMMUNITY DEVELOPMENT CORPORATION ("CCDCDC") Whereas, the Agreement for Services between the City and CCDCDC states that the CCDCDC shall submit its proposed operating budget to the City Manager, who shall forward it to the City Council, for Council approval or modification during the City's regular budget process; Whereas, the CCDCDC approved its FY 2006-07 annual budget at its meeting on July 6,2006; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the operating budget of $2,500,000 for FY 2006-2007 for the CC Digital Community Development Corporation. A copy of the approved budget is attached. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: July 19, 2006 ~Zla~ Assistant City Attorney for City Attorney Henry Garrett Mayor ........ ..,- Corpus Christi, Texas _~___ of ._"_n , 2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John Marez Jesse Noyola Mark Scott - Corpus Christi Digital Community Development Corporation (CCDCDC) FY 2006-07 Proposed Budget Proposed 2006-07 Beginning Balance o Revenues From Municipal Information System Fund From General Fund From Various Funds (Cellular Service) 2,170,382 166,418 163.200 2.500.000 Total Revenues Expenditures Minor tools & equipment Minor computer equipment Maintenance & repairs Professional services Telephoneltelegraph services Equipment maintenance Computer Equipment 93,325 162,834 82,715 1 ,265,254 352,302 284,072 259.498 .,1.500.000 o Total Expenditures Ending Balance 30 ~"""- CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Julv 25 2006 AGENDA ITEM: A. MotIOn setting September I:'. 2006 as the date of the adoption of the ad valorem tax rate of $0.607406 per $1 OOv'aluation B. MotIon settmg a public hearing on the ad valorem tax rate for August 22,2006 and a second public heanng for August 29, 2006, during the regular City Council meeting beginning at 10:00 a.m. at CIty Hall. 1201 Leopard Street, Corpus Chnsti, 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 effective tax rate or the rollback rate. The proposed FY 2006-2007 City budget submitted for first reading for adoption to City Council on July 18,2006 included a tax rate of $0.607406 per $100 valuation, which reflects the estimated effective Maintenance and Operations tax rate of $0.40823 I plus the required Debt Service tax rate of $0.199175, which was increased last fiscal year for \oter approved debt. The second reading tor adoption of the City Budget will be held on July 25, 2006. The Nueces County Appraisal District is required to present the City with the certified tax roll by July 25, 2006, The submission of the 2006 Certified Appraisal Roll is scheduled to be disseminated to the City Council at the July 25, 2006 City Council meeting. Until receipt of the certified roll, the actual effective tax rate can not be calculated. Once the calculations are complete, ifit is determined that the proposed tax rate does not exceed the lower of the effecttve tax rate or the rollback rate, the public hearings will not be necessary, and the adoption of the ad valorem tax rate'~ill be presented to City Council for final approval on August 29. 2006. The publication of the 2006 property tax rates, which includes the effective and roll back tax rates, is scheduled to appear in the Corpus Christi ('aller-Times on Sunday, August 6, 2006. Additionally, the publication will be posted on the City's internet website at www.cctexas.com. REQUIRED COUNCIL ACTION: Approval of the motions to schedule dates f\x the adoption of the City's ad valorem tax rate and the two public hearings. PRIOR COUNCIL ACTION: · Tuesday, July 18,2006 - CIty C'ouncil approved the first reading ofthe adoption of FY2006-2007 budget. FUTURE COUNCIL ACTION: · Tuesday, August 22, 2006 -. City Council will conduct a public hearing on the ad valorem tax rate. ......... · Tuesday, August 29, 2006 City Council will conduct a second public hearing on the ad valorem tax rate. · Tuesday, September 12,2006 - City Council will adopt the ad valorem tax rate of $0.607406 per $100 valuation. CONCLUSION AND RECOMMENDATION: Staff recommends that the motion scheduling August 22, 2006 and August 29,2006 for the public hearings and September 12, 2006 for adoption of the ad valorem tax rate be approved. . (~/Y':f1 O~ Cindy Q'Brie 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 L" 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 Tbe 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 fimds 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 need(~ to pay the l,.,'Tltity'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. rhe M&O portion, however, may rise only eight percent. The fiscal year 2006-2007 City budget mcludes a proposed tax rate of$0.607406 per $100 valuation, which adjusts the M&O portion of the rate from the current rate of $0.426624 to the projected effective tax rate of$0.408231 , and maintains the debt service portion of the rate at $0.199175 per $100 valuation. These projections were based on preliminary values provided by the appraisal district. Once the certified tax roll is received from the Nueces County Appraisal District and the actual calculations are made, the City Council will be provided with the rates that will be included in the property tax rates published in the Caller-Times on August 6, 2006. .... 31 ~"..- CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 25.2006 AGENDA ITEM: Motion authorizing an amendment to the Consultant Services Agreement with the Corpus Christi Convention and Visitors' Bureau approved July 11. 2006. by appointing a non-voting member to represent the Corpus Christi International Airport. 188UE: The proposed amendment will provide non-voting representation to the Convention and Visitors' Bureau form the Port Authority. Regional Transportation Authority and the Corpus Christi International Airport REQUIRED COUNCIL ACTION: Approval of Amendment Number One to the Convention and Visitors' Bureau Consultant Services Agreement approved on July 11, 2006. ~OUS COUNCIL ACTION: Ftbruary 8, 2000- Contract Approval Ftlbruary 20, 2001 - Contract Amendment Regarding Board of Directors Alri124, 2001- Contract Amendment Regarding Appointment of Non-voting Members Slptember 16.2003 - Contract Amendment Regarding Appointment of Non-Voting Members Jt.dy 11, 2006 - Approval of Five Year Consulting Services Agreement CONCLUSION AND RECOMMENDA nON: It is recommended that the City Council approve Amendment Number One to the Convention and Visitors' Bureau Consulting Services Agreement as pmposed. o~ 7? nt~ NAME ~hm~nts: Amendment N\llllbc;r One to the Convention and Visitors' Bureau Consulting SeJVlces Agreement Approved on July 11,2006. - Page 1 of 1 Am.-.dment No. 1 to Consulting Services Agreement between City of Corpus Christi and Corpus Christi Convention & Visitors Bureau WhEnas, the City of Corpus Christi ("City") and Corpus Christi Convention & Visitors Bureau ("Contractor") executed a Consulting Services Agreement regarding promotion of conytntion and visitor activity in the Corpus Christi Bay Area, authorized by City Council on JlJy 11,2006 in Motion 2006-209 ("Agreement"); Now, therefore, the parties agree as follows: 1 Section 9.02 of the Agreement is amended to read as follows: "9.02 The Mayor and City Manager, or their designees, shall serve as ex- officio advisory non-voting members of the Board. In addition, the Council will appoint a representative from the Port of Corpus Christi Authority, a representative from the Corpus Christi International Airport, and a representative from the Regional Transportation Authority to serve as ex- officio advisory non-voting members." 2 AI other terms and conditions of the Agreement remain unchanged. Agreed to by CITY OF CORPUS CHRISTI By: Date: Georte K Noe, City Manager Attest: By: Arma1do Chapa, City Secretary Approved as to f rm: 1..1 2JO lOb By: ' Lisa Aguilar, As . for CIy Attorney CO,.US CHRISTI CONVENTION & VISITORS BUREAU By: Name: Title: Date: 32 AGENDA MEMORANDUM City Council Action Date: July 25, 2006 SYBJECT: Greenwood Wastewater Treatment Plant 4 MGD Expansion (8 MGD to 12 MGD) (Project No. 7303) AMENDMENT NO.1 AfENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No.1 to the Contract For Professional Services with Alan Plummer Associates, Inc. from Fort Worth, Texas in the amount of $2,055,941.87, for a total re-stated fee of $2,365,941.87, for Greenwood Wastewater Treatment Plant 4 MGD Expansion (8 MGD to 12 MGD). ISSUE: Additional 4 MGD plant expansion at the Greenwood Wastewater Treatment Plant is required due increased service area flow. The fee of the proposed Amendment NO.1 exceeds the minimum contract amount of $25,000; and requires Council action. .EilNpING: Funding is available through a Reimbursement Resolution approved by the City Council on July 11, 2006. BtCOMMENDATION: Staff recommends approval of the motion as presented. / ftI?~~ 7/1f/P~ f/.(, I R. Escobar, P.E. ' ~irector of Engineering Services _.2/19/06 Foster Crowell, Director of Wastewater Services ~itional Support Material: Exhibit "An Background Information Exhibit "B" Contract Summary Exhibit "e" Location Map .; IlJSERS2 Hi lr,H''lll M"P" ;EN\'!, AS \ [WI' ER\71i,' ',Rf ENW( )()'J '^ WTP 4 MGD FXPANIAMENDMENT NO "AGENDA MEMO ~- BACKGROUND INFORMATION ~JECT: Greenwood Wastewater Treatment Plant 4 MGD Expansion (8 MGD to 12 MGD) (Project No. 7303) AMENDMENT NO.1 AlENDMENT NO.1: The proposed project consists of expansion of the Greenwood Wastewater Treatment Plant from its existing 8 million gallons per day (MGD) to 12 MGD. Amendment NO.1 includes professional services required for detailed design of facility improvements, expansIon, including preparation of plans, specifications, and bid documents required for design phase, bid phase, construction phase, and support services. The project scope of the original contract included the determination of the capacity required for future growth, the water quality design parameters to be used, and a recommendation for the type of process to use in the expansion, as well as recommendations for improvements to the existing wastewater treatment plant. As a result from the original contract, Amendment No.1 will provide for the design and implementation of recommended improvements that includes several enhancements to the existing wastewater treatment plant coupled with a new expansion of 4 MGD in a new process train. The new process train consists of a lift station, extending the interceptor line, preliminary treatment including fine screens and grit removal, a secondary process consisting of an aeration process followed by final clarifiers, effluent filters, and ultraviolet disinfection. Also included is a peak flow storage basin (3.5 million gallon capacity), and efftuent pump station which will improve delivery of treated wastewater to the Gabe Lozano Municipal Golf Course. . The improvements to the existing 8 MGD plant will be an Additive Alternate item to the Base Bid as funds allow and will include electrical improvements, SCADA modifications, enhanced flood protection, process unit modifications, and demolition of selected structures. Completion of this project will provide 12 MGD with a peak design flow of 48 MGD at the Greenwood Wastewater Treatment Plant. C'NTRACT SUMMARY/FEE: A Contract Summary and fee is attached as Exhibit "B." fltOR COUNCIL ACTION: 1 . October 26, 2004 - Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with Alan Plummer Associates, Inc. in the amount of $310,000 for the Greenwood Wastewater Treatment Plant 4 MGD Expansion (8 MGD to 12 MGD) Project (Motion No. M2004-394). 2. March 29, 2005 - Approving the FY 2005 Capital Budget in the amount of $178,074,800 (Ordinance No. 026188). EXHIBIT" A" Pa e 1 of 2 >-,\USERS2\Hi)Ml iELMf,P\()EN'VYAS1EWA' ER\730' GRbcNW( ,()[) 'NWTP 4 MGD [XPANIAMENDMENT NO 1V.GENDA BACKGROUND efllOR COUNCIL ACTION (continued): 3. Julv 11. 2006 - Resolution expressing official intent to reimburse $12,000,000 in costs with respect to the construction of improvements to the City's Utility System. efllOR ADMINISTRATIVE ACTION: 1. June 9. 2004 - Distribution of Request for Proposals (RFP) No. 2004-01 Greenwood Wastewater Treatment Plant 4 MGD Expansion (8 MGD to 12 MGD) to 121 engineering firms (40 local and 81 non-local). 2. June 23. 2004 - Addendum NO.1 to the Request for Proposals (RFP) No. 2004-01 Greenwood Wastewater Treatment Plant 4 MGD Expansion (8 MGD to 12 MGD) to 121 engineering firms (40 local and 81 non-local). 3. July 2. 2004 Addendum NO.2 to the Request for Proposals (RFP) No. 2004-01 Greenwood Wastewater Treatment Plant4 MGD Expansion (8 MGDto 12 MGD) to 121 engineering firms (40 local and 81 non-local). EXHIBIT "A" Pa e 2 of 2 rl:\USERS2\HOMEIVElMAP"3Er)'AAS: r:wr, [ER'?;' CPr D1W, Y" ,\'iNTP 4 MGL FXP';N'AMENDMENT NO 1 AGENDA BACKGROUND CONTRACT SUMMARY GREENWOOD WASTEWATER TREATMENT PLANT 4 MGD EXPANSION (8 MGD TO 12 MGD) (Project No. 7303) 1. SCOPE OF PROJECT r Additional 4 million gallons per day (MGD) plant expansion at the Greenwood Wastewater I Treatment Plant is required due to increased service area flow. The project consists of the I improvement and expansion of the existing 8 MGD to 12 MGD at the Greenwood Wastewater I Treatment Plant. Included is the determination of the capacity required for future growth, the water I quality design parameters to be used, and a recommendation for the type of process to use in the expansion. as well as recommendations for improvements to the existing wastewater treatment I ! plant. The proposed Amendment No. 1 consists of Basic Services and Additional Services as follows: Basic Services 1. Design Phase a. Study, verify. and implement Preliminary Engineering recommendations including construction sequencing, connections to the existing facilities, and restoration of property and Incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff. b. Prepare one (1) set of Construction Bid and Contract Documents in City format (using City Standards as applicable). including Contract agreement forms, general conditions and supplemental conditions, invitation to bid, instruction to bidders, insurance, bond requirements. and preparation of other contract and bid related items; specifications and drawings to fix and describe, forone (1) bid, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. Provide assistance identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction. Prepare final quantities and estimates of probable costs and probable construction schedule. Furnish one (1) copy 60% plans (plans only-identify needed specifications) to the City staff for review and approval purposes with estimates of probable construction costs. Provide conceptual layouts on an informal basis at about 30 percent completion. Required with the 60% plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements such as: d ",-" e. . Process unit sizes · Equipment quantities and sizes · Why one material IS selected over another · Pluses of selections · Permit requirements and why · Embedment type and why · Constructability. etc. · Specific requirements of the City · Standard specifications nUSERS2IH(IME VELMAP\GEN IV ""ST" 'N A.: I RI? 30 r ;RhNW( 'OI..V ,y TP 4 MGO C 'PAN-AMENDMENT NO 1 \IONTRACT SUMMARY · Non-standard specifications · Any unique requirements · Cost, alternatives, etc. Assimilate all review comments, modifications, additions/deletions and proceed to next phase, upon Notice to Proceed. 9 Furnish complete construction and bid documents including specifications for City staff review and approval. Provide one (1) copy of 90% and 100% complete plans and bid documents to the City staff for review and approval purposes with revised estimates of probable costs. Identify distribution list for plans and bid documents to all affected utilities Including City and all other affected entities, compile comments and Incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants. h Provide Quality Assurance/Quality Control (QAlQC) measures to ensure that submittal of the 60%, 90%), and 100% complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant AlE and Sub-consultant AlE shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural. civil, mechanical, electrical, etc. Upon approval by the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for reproduction (In City Format) and said bid documents henceforth become the sole property and ownership of the City at Corpus Christi The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. k Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. Provide a Stann Water Pollution Prevention Plan. 2. Bid Phase a Participate in the pre-bid conference. b Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the AlE's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. 3. Construction Phase a Participate in pre-construction meeting. b Review for conformance to contract documents, shop and working drawings, materials and other submittals. Review field and laboratory tests. -;\USERS2HlMI '[I MAP' ;D(/ C',' 'Wi. [R'J\:" ;1'1 ", ','f",) TP 4 Mi;U I \I'-\N AMENDMENT NO ,'ONTRACT SUMMARY d. Provide interpretations and clarifications of the contract documents for the contractor and authorize minor changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. Prepare change orders (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. q Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. As applicable, review and assure compliance with plans and specifications in the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. Review construction "red-line" drawings, prepare record drawings of the Project as constructed (from the "red-line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.2002 or earlier) of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible w;th the City GIS system. Additional Services 1. Perrntttlna. Furnish the City all engineering data and documentation necessary for all required permits. The AlE will prepare this documentation for all required signatures. The AlE will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a) Texas Pollutant Discharge Elimination--6ystem (TPDES) 2 Assist Permittina. Assist with TPDES Penn it Application Processing and review of draft Permit. Assist with securing approval of the Greenwood Wastewater Treatment Plant Permit after the permit application has been submitted to TCEQ. 3. Other Permittina. Furnish the City all engineering data and documentation necessary for all required pennits. The AlE will prepare this documentation for all required signatures. The AlE will prepare and submit all pennits as applicable to the appropriate local, state, and federal authorities, including. but not limited to: a) Texas Department of Transportation (TXDOT) - including submittal of plans to TXDOT for approval prior to construction. b) Texas Department of Licensinq and ReQulation (TDLR) - including submittal of plans to TDLR for approval prior to construction and inspection by a Registered Accessibility Specialist (RAS) during and after construction. U. S. Army Corps of Enqineers (USACE) - includes application to the USACE for a nationwide 404 permit 4 Topoaraphic Survey. Provide field surveys, as required for design including the necessary control points. coordinates and elevations of points (as required for the aerial mapping of the Project area aerial photography to be provided by City). rl IUSERS2\hOMf ','lMi,i"\(;EN/ ; reWA 11 R\7 3'; ''';REf NWuC'( :'"y TP 4 MGD EXF'AN\AMENDMENT NO. 1\CONTRACT SUMMARY "USEf-iS;. 5. Inspection. Provide a project representative (PR) to provide periodic construction inspection. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the AlE shall endeavor to provide further protection for the CITY against defects and deficiencies in the Work. 2 The duties and responsibilities of the PR are described as follows: A. General: PR will act as directed by and under the supervision of AlE, and will confer with AlE regarding PR's actions. PR's dealings in matters pertaining to the Contractors work in progress shall in general be with AlE and Contractor, keeping the CITY advised as necessary. B. Conference and Meetinqs: Attend meetings with Contractor, such as pre- construction conferences, progress meetings, job conferences and other project- related meetings as required by the City, and prepare and circulate copies of minutes thereof C Liaison 1 Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents 2 PR shall communicate with CITY with the knowledge of and under the direction of AlE D. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued E. Shop DrawinQs and Samples: 1 Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. 2 Record date of receipt of Samples and approved Shop Drawings. 3 Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submmal for which PR believes that the submittal has not been approved. F. Review of Work and Reiection of Defective Work: 1 Conduct on-Site observations of Contractor's work in progress to assist AlE in determining if the Work is in general proceeding in accordance with the Contract Documents 2 Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged or does not meet the requirements of any inspection, test or approval required to be made, and advise City and AlE of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 3 Observe whether Contractor has arranged for inspections required by Laws and Regulations. including but not limited to those to be performed by public agencies having jurisdiction over the Work. G Records: 1 Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, AlE's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. FL '_1 ,\~)-;~:f .;. fP" '.1 'Y"N.;",,Ht-iDMENT NO '"ONTRACT SUMMARY 2. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to AlE and the City H. Reports. 1. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. 2. Report immediately to the CITY and AlE the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. 3. Provide project photo report on CD-ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. Completion 1. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. 2. Participate in a final inspection in the company of AlE, the CITY, and Contractor and prepare a final list of items to be completed orcorrected. 3. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. 6. SUDDlemental Enaineerina. A. Provide twenty (20) hours per month of additional site visits by Engineers of various disciplines as required during construction. This time shall include start-up and personnel training as well as additional time for site visits. B. Provide process training for the operators. It is anticipated that the training will be conducted on two (2) separate occasions, each training session will include four (4) hours of classroom work. The two (2)1raining sessions shall be spaced a minimum of two (2) weeks apart. Personnel training shall involve operation consultation on starting and optimizing biological, chemical and other process controls. 7. Operations and Maintenance. Prepare an Operation and Maintenance (0 & M) Manual for the Project in electronic format delivered on CORaM. The AlE will prepare the manual in the format that follows: Prepare and submit to the City for review a draft of the facility Operations and Maintenance Manual, which will include a description of the facilities and recommendations for operation. The following topiCS will be Included: 1. Introduction. Brief statement of manual purpose; description of unit processes and flow path; summary of permits and standards that must be met; table of design criteria. 2. Operations Considerations. Discussion of operation theory, control variables, process control and process efficiency for the treatment facilities. 3. Facilities Description. Operation and Control of Facilities. Discussion of the operation and purpose of new facilities added in the construction project. 4. Description and Operation of the Auxiliary Facilities. Discussion of auxiliary systems, including all major process equipment added under this construction project. EXHIBIT "B" Pa e 5 of 7 H IUSERS2IHOMEWElMAPIGEN'v\iASTFWAERI730, "REf Nwom vVWTP 4 MGO rc"PAN,AMENDMENT NO l\CONTRACT SUMMARY 5 Electrical System and Control Systems. Detailed description of the electrical and control systems added under construction project. 6 Appendices. a A glossary of treatment terms and abbreviations used pertinent to this facility. b Equipment manuals furnished by the suppliers will be incorporated into the manual and referenced in the table of contents. c. The eXisting O&M Manual material for existing structures and processes will be incorporated into the new O&M Manual as an appendix. The information will not be modified except where it IS affected by modifications included in the expansion. The engineer shall not be held liable for errors or omissions in the existing O&M Manual material AlE will produce and deliver three (3) hard copies and one (1) electronic copy of the O&M Manual for the Project 8. Warranty. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair. fix, restore, patch. or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. with its recommendation for the method or action to best correct defective conditions and (60) days prior to the end of the maintenance guaranty oeriod 2. PROJECT SCHEDULE DAY DATE ACTIVITY Monday August 1, 2006 Begin Design Phase Friday October 20, 2006 30% Interim Submittal - Friday November 3, 2006 City Review completed Friday January 19, 2007 60% Submittal Friday February 2, 2007 City Review completed - Final Submittal Friday April 20, 2007 - - f---. City Review completed Friday May 4, 2007 Monday (2) May 14, 2007 Advertise for Bids Wednesday -E" May 30, 2007 Pre-Bid Conference Wednesday June 13, 2007 Receive Bids ---- -- Begin Construction Monday July 16, 2007 Weekday L July 2009 Construction Completion . --- ~ ------ EXHIBIT "B" Page 6 of 7 H IUSERS2"'lM! \IEl MAP';EN\/;AS' Lwr. rER\il: 'GRf FNW):' ViWTP 4 MGC FXPAN\AME'NDMENT NO '''.:ONTRACT SUMMARY 3. FEES Original Contract Amend. No.1 Total Basic Services 1 . Engineering Study and Report A.Feasibility Report $213,594.79 0.00 $213,594.79 B. Preliminary 96,405.21 0.00 96,405.21 2 Design Phase (authorized) 0.00 1,286,171.01 1,286,171.01 3 Bid Phase 0.00 40,000.00 40,000.00 _.,-,,- 4 Construction Phase 000 207,670.86 207,670.86 Sub'-tal Basic Services 310,000.00 1,533,841.87 1,843,841.87 .-- --_..~. Addllonal Services (Allowance) 1 Permitting (authorized) 0.00 22,400.00 22,400.00 2. Assist Permitting 0.00 14,1 00.00 14,100.00 ( autborized) 3. Other Permitting 000 17,800.00 17,800.00 I (authorized) - -' 4 Topographic Survey 0.00 25,200.00 25,200.00 (authorized) 5. Inspection 0.00 320,300.00 320,300.00 6. Supplemental Engineering Q..OO 72,100.00 72,100.00 7. Operations and Maintenance 0.00 44,600.00 44,600.00 8. Warranty 0.00 5,600.00 5,600.00 Sub-Total Additional Services 0.00 522,100.00 522,100.00 Total Authorized Fee $310,000.00 $2,055,941.87 $2,365,941.87 -. '; 'USERS2\HUMEWrLMAP,GEN\/v,vS 1, NA T RI73U, CREt ~<VVCJOC \VW IP 4 MGD E~PAN\AMENOMENT NO 1\CONTRACT SUMMARY ~..~, ,ie. I Mproject \COUrier/exhlbits \ exh 73CJ.dwg ~: :~ u, i! ~, ~: :x: SANDERSON DRIVE I CALLE SAN MIGUEL CALLE SAN MARCOS <1 U <t > <1 Z Ck ~ C u.. 4J > ik Cl Cl Cl o ::- z 4J W <>: L:1 3 SARATOGA BL. \I D q; q, .( " 't/l ~.o }ri.l!tlJ 4 ~1.1IJ--T' I JI it ;j ":. I w, .~ I- . n~-' ~ ~~ I :"...~.' .c....: ~ . _ / tjl ,-'t, I II . \~.. 'I. . ..~Jj.~. c" r.'! 1 , . " 'it I ; '; -.:__ J\ ~ ~,L:l i ,I '. .,/ ~ ~r- I. f . I i ~:j / ~~ r~r-J : _; 'jI"i ~~;:! SARA TOGA BL VD. EXIST. 8 MGD PLANT q ~ /1 ... i .' ~_. ~- ", , y ff" ~-,---- ;'T' --- ~"C.-T: "T-T'l iJLLI 1'111~.1'bHU,' I T1H" . r 1 T T T T r 'I 'T . ,) ~+ '+- h+ rH+t+, ~. .L _.L..._.J_L.L~l.LLLU ! t..R.... OPOSED 4 MGD.. EXPANSION ---,. ~..,_.._,._-_._.- uj > 0: t=l Q o o ::. z w w a:: LJ ~9q~N MAr: NOT fO ':;CALE CITY AROJ~CT ~o. 7303 i I EXHIBIT "ClI GREENWOOD WASTEWATER TREATMENT PLANT 4 MGD EXPANSION (8 MGD TO 12 MGD) CITY COUNCIL EXHIBIT OEPARTMENT OF ENGINEERING SERVICES CiTY OF CORPUS ,HRIS i. 1 t.XA) DATE: 07-20-2006 ~ -- - - - - PAGE: 1 of 1 ~----- 33 ~"""'- CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 25,2006 AGENDA ITEM: Resolution authorizing the City Manager, or designee, to submit a grant application to the Texas Parks and Wildlife Department in the amount of $400,000 for planning, development and implementing the State School Property Master Plan, with a City match of $400.000 from Bond 2004 Fund, and a total project cost of $800,000. ISSUE: In 1966, the State of Texas gave the City 'license' to operate a little league baseball project and provide 'other things of a recreational nature' on 91.7 acres bordered on three sides by Airport Road, Home Road and Greenwood Drive. Currently, 51.7 acres has been developed for baseball and softball youth leagues. The undeveloped 40 acres of this property known as the "State School Property", is identified in the 2002 Parks, Recreation and Open Spaces Master Plan as a high-priority site for a "Youth Sports Complex" to relieve the strain and overuse of current facilities and provide this area of Corpus Christi with much needed recreational amenities. In the Bond 2004 election, the public approved $2.25 million in funding for Sports Field Improvements that includes $500,000 for the State School Property. This grant application is being resubmitted to request further funding through the Texas Parks and Wildlife Department Outdoor Recreation Grant for the development of the State School Youth Sports Complex. using $400,000 of the bond 'issue as a 50% cash match. REQUIRED COUNCIL ACTION: Authorization to resubmit an application to Texas Parks and Wildlife Department for the State School property in the amount of $800,000. PREVIOUS COUNCIL ACTION: none CONCLUSION AND RECOMMENDATION: Staff recommends approval of request to resubmit grant application. Attachments: Site Plan for State School Property, Phase I .." STATE SCKIDL AIRPORT RD. AND HORNE RD. , - \ r~~ I =t AIIlPatT RD. State School Park and Sports Complex June 2005 Master Plan for State School Park and Sports Complex approved by City Council. July 2005 Phase I of plan submitted to the Texas Parks and Wildlife Outdoor Recreation Program. Bond 2004 funds used as grant match. January 2006 Phase I proposal rejected by Texas Parks and Wildlife Commission. July 2006 Resubmit proposal to include approximately 2 acres from neighboring Corpus Christi State School for a 'Miracle Field' donated by local Rotary Clubs. vy:r .; ~.._L.~" Local Rotary Clubs are going to raise money to ,proride funding for a "Miracle Field" with ,plans to be constructed on 2 acres of the ~rpus Christi State School campus. Funds raised will provide rubberized turf1 ligtltinB, dugouts, bleaoherswith1 e~:fl paas ,winCisoreen, eqlJiftmoot ~turl~': 1 2 3 Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE TEXAS PARKS AND WILDLIFE DEPARTMENT IN THE AMOUNT OF $400,000 FOR PLANNING, DEVELOPING AND IMPLEMENTING THE STATE SCHOOL PROPERTY MASTER PLAN, WITH A CITY MATCH OF $400,000 FROM BOND 2004 FUND, AND A TOTAL PROJECT COST OF $800,000. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application to the Texas Parks and Wildlife Department in the amount of $400,000 for planning, developing and implementing the State School Property Master Plan, with a City match of $400,000 from Bond 2004 Fund, and a total project cost of $800,000. SECTION 2. The City Manager, or designee, may accept, reject, agree to alter the tenns and conditions of, or terminate the grant, if awarded to the City. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secreta ry Henry Garrett Mayor APPROVED 6 July, 2006 yle Curtis Cheef, Administrative Law Section Senior Assistant City Attorney For City Attorney H:\lEG-DIRIOlgaRlDoyleIResolu.lIon\06 o 706 DC TXP&Wild.lifegran. tappl.$400000.citymatch .$400000. .doc Page 2 of 2 Corpus Christl, Texas _ day of_________ ,2006 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 HILEG-OIR\OlgaRlOoyleIResolulion\06 0706De [ XP&Wildlifegran tappl $400000.Cllymatch$400000 doc ~"."""" 34 ~.. CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 25, 2006 AGENDA ITEM: Ordinance authorizing the City Manager to execute a Real Estate option agreement with Scannell Development Company or Its subsidiary in consideration of $1.00 option fee for the first option period of nine (9) months, $20,000 for next successive twelve (12) months and $20,000 for next successive twelve (12) month period, to lease all or part of approximately 56 acres of land in Phase 1 of the Corpus Christi International Airport International Business Centre (State HWY 44 West of International Drive North of Glasson and East of Pinson Road) at annual rate of twenty-five cents per square foot for property which fronts International Drive, and annual rate of fifteen cents per square foot for all other property, to be increased every five years by 7.5%. for a term of forty years with two successive five year options to renew; and providing for publication. ISSUE: This is a 33 month option agreement with a 40-year ground lease with Scannell Development Company for a 56 acre tract of land south of State Hwy 44 and west of International Drive for the development of an industrial/business park. The annual revenue for this land to the Airport has been $1,275.00. The proposed lease has a potential annual income of $365,904.00. Mr. Joe Adame with Joe Adame and Associates, Inc. was contacted to consult on the lease and option agreement and made several recommendations which were included in the agreement. REQUIRED COUNCIL ACTION: All Resolutions and Ordinances require Council approval. PREVIOUS COUNCIL ACTION: No previous action has been taken. FUNDING: None CONCLUSION AND RECOMMENDATION: Airport Board recommended approval at the July 12.2006 Airport Board Meeting. /~~~ - Dave Hamrick Director of Aviation Attachments: Exhibit A: Background BACKGROUND INFORMATION The 1999 Airport Master Plan's recommendation for this 56 acre tract of land was for Airport support facililes which include industrial/business park development and commercial development such as hotels and service stations. In 2005, the Airport partnered with Corpus Christi Regional Economic Development Corporation (CCREDC) to market this land for development. The City's Utility departments funded the needed utility infrastructure and the Airport funded the roadway and lighting infrastructure improvements to attract interest in the project. In August, 2005, Mr. Steve Kozarits, National Director of Development, with Scannell Development Company, contacted CCREDC staff with an interest in developing this tract of land. Over the past several months, we have negotiated with Mr. Kozarits to develop an option agreement and lease agreement. The Option Agreement is for a thirty-three (33) month period broken down as follows: -First nine months penod -FolIOVtfing twelve month period -Final twelve month period Option Fee Option Fee Option Fee $1.00 $20,000.00 $20,000.00 If an option is taken and a lease established, fifty percent (50%) of the Option Fee would be applied to the rent due under the lease If the option is not exercised, the Airport receives the entire Option Fee(s) on deposit The lease agreement is for a forty (40) year term with two- five (5) year renewal periods at $0.15 per square foot with an increase every 5 years of 7.5%. As with all of our leases, the Airport Director has final approval of the plans and specifications aL all construction and improvements within the development as well as site approval. The permitted uses are restricted to research and light industry, industrial support, medium and heavy industry, warehousing, wholesaling, administrative, retail, and professional office use. The prohibited uses are as follows: activities not allowed in City of Corpus Christi Zoning Ordinance Classification 1-3, junkyards; mining and quarrying; dumping, disposal, incineration, or reduction of garbage, sewage, offal, dead animals, or refuse; fat rendering, stockyards or slaughtering of animals; smelting of Iron, tin, zinc, or other ores; large animal raising, sexually oriented business establishments, bars as defined by the Texas Alcoholic Beverage Commission, advertisement signage excluding Lessor approved tenant signage, and paid public parking facilities. Scannell Development Company is a privately held company that has developed properties in twenty- three states and managed over $250 million dollars of commercial real estate development projects over the last 5 years. In 2004. total consideration of their build-to-suit development projects approached $100 million dollars. ~ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE OPTION AGREEMENT WITH SCANNELL DEVELOPMENT COMPANY OR ITS SUBSIDIARY IN CONSIDERATION OF $1.00 OPTION FEE FOR THE FIRST OPTION PERIOD OF NINE (9) MONTHS, $20,000 FOR NEXT SUCCESSIVE TWELVE (12) MONTHS AND $20,000 FOR NEXT SUCCESSIVE TWELVE (12) MONTH PERIOD, TO LEASE ALL OR PART OF APPROXIMATELY 56 ACRES OF LAND IN PHASE I OF THE CORPUS CHRISTIINTERNA TIONAL AIRPORT BUSINESS CENTRE (STATE HWY 44 WEST OF INTERNATIONAL DRIVE NORTH OF GLASSON AND EAST OF PINSON ROAD) AT ANNUAL RATE OF TWENTY-FIVE CENTS PER SQUARE FOOT FOR PROPERTY WHICH FRONTS INTERNATIONAL DRIVE, AND ANNUAL RATE OF FIFTEEN CENTS PER SQUARE FOOT FOR ALL OTHER PROPERTY, TO BE INCREASED EVERY FIVE YEARS BY 7.5%, FOR A TERM OF FORTY YEARS WITH TWO SUCCESSIVE FIVE YEAR OPTIONS TO RENEW; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SICTION 1. The City Manager, or his designee, is authorized to execute a real estate option agreement with Scannell Development Company or its subsidiary in consideration of $1.00 option fee for the first option period of nine (9) months, $20,000 for next successive twelve (12) months and $20,000 for next successive twelve (12) month period to lease all or part of approximately 56 acres of land in Phase I of the Corpus Christi International Airport Business Centre (State HWY 44 west of International Drive north of Glasson and east of Pinson Road) for a term of forty years wittl two successive five year options to renew. Rent shall be twenty-five cents per year per square foot for property which fronts International Drive, and fifteen cents per year per square foot for all other property. The Real Estate Option Agreement shall be in substantially the same format and content as attached in Exhibit "A". seCTION 2. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Airport Scannel1.doc - That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ of ,2006 for the following vote: Henry Garrett Brent Chesney John E Marez Bill Kelly Rex A. Kinnison Jesse Noyola Melody Cooper Mark Scott Jerry Garcia That the foregoing ordinance was read for the second time and passed finally on this the day of _ of 2006, by the following vote: Henry Garrett Brent Chesney John E. Marez Bill Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott Jerry Garcia APPROVED AND PASSED on this dfty of ,2006. ATTEST. Annando Chapa, City Secretary Henry Garrett, Mayor APPROVED: July 20, 2006 , :t?,~ ~ Lila Aguilar .. ----- Assistant City Attorney For City Attorney AIRPORl S(ANNELLdoc lIa REAL ESTATE OPTION AGREEMENT TH IS REAL EST A TE OPTION AGREEMENT (the "Agreement") is made as of the day ot____, 2006 ("Agreement Date") by and between the City of Corpus Christi ("Owner"), and SCANNEll DEVELOPMENT COMPANY an Indiana corporation ("Grantee"). In consideration of the mutual covenants and agreements hereinafter set forth, Grantee desires to obtain from Owner and Owner desires to !"Tfant to Grantee an option to lease all or part of approximately q acres of land located 1Il Phase I, of the Corpus Christi International Airport International Business Centre. The actual site IS south of State Hwy 44, west of International Drive, north of Glasson, and east of Pinson Road, certain real estate located 1Il Nueces County, Corpus Christi, TX, together with any Improvements located thereon, a..'i more specifically described on Exhibit A attached hereto (the "Real Estate") upon the following terms and conditions: I Option and Consideration. Owner hereby grants to Grantee an exclusive and irrevocable nght and option to lease all or portions of the Real Estate for the price and subject to the terms and conditions set forth herein (each such exercise by Grantee being referred to herein as an "Option" or the "Option"). Grantee may not sublease the Real Estate to a current or potential tenant of the Corpus Christi International Airport, ..1\ listing of current tenants and potential tenants shall be provided to Grantee upon the executIOn of this Agreement and upon execution of the Lease. Grantee's exclusive right to exercise the Option shall begin a..'i the Agreement Date and shall continue from the date of City Council approval, which IS and continue for a period of thirty-three (33) months thereafter) (the "Option Period"). Grantee shall exercise an Option by giving written notice thereof to Owner by depositing said notice in the U.S. Mail (certified, return receipt requested) or by commercial overnight delivery service, or by hand delivery, facsimile or electronic mail, at or before midnight on the last day of the Option Periocl. In consideration for such Option, Grantee has deposited with Chicago Title Insurance Company (the "Title Company") funds in the total amount of One Dollar ($1.00) (the "First Option Fee"), which shall be the only deposit necessary [(Ir the first nine (9) months of the Option Period, beginning on the Option Penod Trigger Date (the "First Period"). If the Grantee has not exercised its Option for the entire Real Estate by the expIration of the First Period, Grantee shall deposit an additional amount of Twenty fhou9811d Dollars ($20,000.00) to the Title Company, which amount will become the Option Fec necessary for the next successive 12 months (the "Second Period"), and if the Grantee has not exercised its Option for the entire Real Estate by the expiration of the Second Period, Grantee shall deposit an additional amount of Twent) Thousand Dollars ($20,000,00) to the Title Company, which will become the Option fee necessary tor the next successive 12 months (the "ThIrd Period"). Fifty percent (50%) n t the Option Fee WIll be applied as a credit against the Rent (defined below) in the event Grantee exercises an Option; otherwise, if Grantee has not exercised an Option, and the failure to exercise an Option or close on a Lease IS not due to an Owner's failure to perform a condition precedent, the Option Fee shaH be inunediately delivered to Owner. In such an event, Owner shall retain the Option Fee as liquidated damages and Owner waives any claim for damages at law or in equity and waives any claim for specific perfonnance and agrees that such liquidated damages shall be Owner's sole remedy at law or in equity. Upon expiration or termination of the Option Period. Grantee shall have no further right or Option undt, this Agreement. 2. Lease Execution. If an Option is exercised by the Grantee in accordance with the tenns and conditIOns set forth herein, a mutually acceptable document, substantially in the form attached here as Ex'ibit B for the portion of the Real Estate for which the Option has been exercised, (the "Leased Rcd LEAN Scannell OotlOn Agreemenl-C,ty 01 COflJUS ('hr!,tt 7 20 p(, [XX' Estate"), shall be executed by the parties in a timely fashion after the said Option is exercised (a "Lease"). Possession of the Leased Real Estate shall be delivered to Grantee simultaneously with the Lease execution. Owner shall execute and deliver to Grantee such documents or instruments as may be reasonably necessary or appropriate to evidence the execution of the Lease. 1 Lease Terms. rhe term of the Lease for the Leased Real Estate shall be forty (40) years, With up to two (2) five (5)-year non-automatic options to extend the term with terms to be negotiated at the time of each renewal. The Rent for the Leased Real Estate shall be fifteen cents ($0.15) per year, tImes the square footage of the Leased Real Estate, as determined by the Survey, net of square footage located withm any rights-or-way, roads, easements, ditches, wetlands, or other physical or legal Impediments to the full use of the Leased Real Estate ("Rent"). However, any parcels leased with frontage on International Drive which shall be leased at a rate of twenty-five cents ($0.25) per year times the square footage of the Leased Real Estate. Rent shall be paid in monthly installments, beginning on the first day of the month immediately following the execution of the Lease. Rent shall increase7.5% every five (5) years from Commencement Date of each Supplemental Lease. 4. Site Condition: Owner shall deliver the Real Estate fully improved, with all utilities and access roads m place. Owner further warrants the Real Estate to be environmentally clean condition and m com.pliance with all applicable environmental laws; and zoned for office, warehouse/distribution development. Owner will provide to Grantee any information it has with regards to environmental reports & geotechnical/soils reports within ten (10) days following the execution of this Agreement. 5, Survey and Title. A commitment for and Owner's Policy of Tide Insurance, an ALTA and a Topographical Survey ("Survey") will be provided by Owner to Grantee, within forty-five (45) days following the execution of thiS Agreement. Grantee shall have thirty (30) days in which to review and either accept the status of title and the Surveyor make an objection to Owner, and Owner shall have forty- five (45) days in which to remove or otherwise correct the objection to Grantee's satisfaction. Further, upon the exercise of an Option, Owner shall provide-t1D updated Survey and Title Commitment for the Leased Real Estate, and the same review and objection procedure shall apply. 6. Taxes. At each Lease execution, Owner shall pay all taxes and assessments relating to the Leased Real Estate that have accrued and are due and payable prior to and on the date of the Lease signing. Grantee shall pay all taxes and assessments related to the Real Estate due and payable after the Lease execution. Any and all transfer or conveyance taxes and all recording fees shall be paid by the Owner. 7, Owner's Representations. There are no existing violations of zoning ordinances or of other governmental laws or restrictions applicable to the Real Estate. The Owner holds marketable fee simple title to the Real Estate and has not entered into any other agreement for the lease, purchase or sale of the Real Estate and IS not bound by any law, statute, agreement or indenture that would prevent Owner from complying with it's obligations under this Agreement. The Owner has taken, or will take, all required action necessary to enter into this Agreement, grant the Option and enter into Lease(s) of the Real Estate, The person signing this Agreement on behalf of Owner has been duly authorized to do so, and upon execution, tlus Agreement shall be the valid, duly binding obligation of Owner, enforceable with its terms There are no hrokers' commissions due by reason of this Agreement or any transaction contemplated hereby 8 Conditions Precedent. The exercise of any Option and entry into any Lease by Grantee is ,,"'n':"!l OJIIJ,'~ '\gr'_~""""ll' ('or:',.., : 'r.;.. 'i1 j ~ . 2 subject to the satisfaction of the following conditions precedent: (a) that the Survey and Title Commitment reveal no matters or exceptions which are objectionable to Grantee, in its sole discretion; (b) the Real Estate is finally and unconditionally zoned for Grantee's intended use of the Real Estate as Ihmited by Section 9, and all permIts for the Grantee's intended use of the Real Estate have been obtained by Grantee; (c) that the physical cundition of the Real Estate, as reported by Owner or tested and inspected by Grantee IS suitable h.. Grantee, as determined solely by Grantee; (d) that the environmental condition of the Real Estate. as reported by Owner or tested and inspected by Grantee is acceptable to Grantee, as determined soleh by (irantee: (e) all required infrastructure has been completed by Owner as required herein to Grantee':: satIsfactIOn. (t) all utIlities deemed necessary or desirable for Grantee's Il1tended use of the Real Estate are available at the Real Estate at such locations and in such quantities as are satisfactory to Grantee; (g) Grantee has secured a sublease for the Leased Real Estate upon such terms which are satisfactory to Grantee 1Il its sole discretion; (h) development within the site will be located on SItes which are mutually agreed upon by \irantee and Owner: and (i) all of Owner's representations and warranties remain true and Cdrrect In the event of the failure of one or more of any of these conditions precedent. at any time pnor [0 the executIOn of a Lease, the Grantee, at its option, (i) may terminate the ()ption as to the Leased Real Estate \ l[ the entire (remaining) Real Estate, (ii) may make the objection in '-"'TIting to Owner. whIch shall have sIxty (60) days in which to cure said objection, or (iii) may waive any obJection and proceed to enrer mto the Lea'ie. If Grantee terminates the Option as to the Leased Real Estate but not the entire \remaimng) Real Estate, this Agreement and the Option shall survive, and any Option Fee shall rem am with the Title Company. In the event Grantee terminates the Option as to the entire (remaining) Real Estate due to failure of Owner to comply with conditions herein, then this Agreement shall terminate, and any portion of the Option Fee remaining with the Title Company shall be paid over to Grantee. At the termination of this agreement, Grantee shall turn over all studies and data gathered for the purpose of development of the site including marketing data as well as any engineering or architectural drawings s lil samplings environmental studies, appraisals, proformas, surveys, and construction cost estimates 9. Permitted Uses: No BUlld1l1g, structure, or land shall be used for any purpose other than the followmg, or any combmation thereof and such uses shall satisfy the standards set forth is this Declaration ,.1 General permitted 1l1dustnal classifications are as follows: research and light IOdustry, industrial support. and medium and heavy industry, warehousing, and wholesaling '\dmimstratlvc, retail, and professional office use shall be permitted. ProhibIted Uses: The following uses shall not be permitted on the Leased Premises at any time activities not allowed in City Of Corpus Christi Zoning Ordinance Classilication 1-3. junkyards; mining and quarrying; dumping, disposal, l!lcmeration. 01 reduction of garbage, sewage, offal, dead animals, or refuse; fat rendenng, '>tockyards or slaughtering of animals; smelting of iron, tin, zinc, or \lther dres: large annnal raising, sexually oriented business establishments, any establishment that derives more than fifty (50) percent of its gross receipts from the sale ot alcohol advertisement signage excluding Lessor approved tenant signage and Lessor approved I essee marketing signage, and paid public parking facilities. j..'f';~r1"ll-mr.. ....... '."''''' Approval of Uses: Certain industrial uses may neither be specifically prohibited nor specifically permitted. In these cases, approval in writing of the use must be obtained from the Owner prior to approval of plans and specifications for construction of the facility. 10. Assignment. This Agreement may be assigned by the Grantee by obtaining the written consent of the Owner which shall not be unreasonably withheld. The Owner shall not be permitted to assign this Agreement without the written consent to the Grantee which may be withheld in the Grantee's sole and absolute discretion. II. Authority. The persons executing this Agreement on behalf of Owner are duly elected or appointed representatives of Owner and have been fully empowered by proper ordinance of the Owner to execute and deliver this Agreement. 12. Cooperation. The Owner will cooperate with Grantee in providing information about the Real Estate and grants to Grantee the right to go on the Real Estate to perform such tests and inspections as Grmtee determines to be necessary. The Owner will execute all documents reasonable necessary to consummate the transaction contemplated in this Agreement. 13. Miscellaneous. This Agreement may be executed in counterparts, each of which shall be deemoo to be an original, and all of which when taken together shall constitute one and the same Instrument. At the request of either party, a Memorandum of this Agreement shall be prepared and executed by the parties, which shall be recorded in the appropriate government office in the County where the Real Estate is located. Time is of the essence of this Agreement. The risk of loss of all (or a portion of the Real Estate) shall be on Owner until such time that such Real Estate is leased. EXECUTED, the day and year first above written. CITY OF CORPUS CHRISTL a(n) ___. ______ _,_ __ __ SCANNELL DEVELOPMENT COMPANY, .. .,___ an Indiana corporation By: By:___________ Printed: George K. Noe Printed: Title: City Manager Title: ('IE"''''' ScarmdlOpti('IQA~'.crtyo(C('.rpus f'br\stJ ' };)Of. rj(~ 4 EXHIBIT A I r ~+~ I J ...~ 'm, ,. .;a. j I - "I iC( ',;<4 :......'..........'~.... .'Ji <,: 'if ,i.;J <, .......1.' ..............liit...:. '. '.' ........ . . '. ,. - i" !it.. -c.' 11... ~..... _ F EXHIBIT A REAL ESTATE il'AN"canncltOptIOfl Af'T~"cnlt~"'': .Jy ,'f<:.,T'U; tu-L'>l ~-----'" EXHIBIT B GENERAL TERMS AND CONDITIONS AGREEMENT (to Supplemental Leases) ThIs General Terms and Conditions Agreement (to Supplemental Leases) "GTCA" is made and entered into as of _______, 200 _(the "Effective Date"), between the City of Corpus ChristL a political subdivision of the State of Texas ("Lessor"), and ScanneD Development Company. an Indiana corporation (together with its successors and assigns "Lessee"), with respect to the following facts, and is as follows RECIT ALS A, Lessor is the owner of approximately acres of land located in the City of Corpus Christi, County of Nueces, Texas more particularly described in Exhibit A attached hereto and incorporated herein (the "Land"). B. Lessor intends to Lease from time to time. its ownership interest in all or part the Land to Lessee to permit Lessee to construct and own buildings and other structures and improvements (the "Imvrovements") on the Leased Premises as defined below at Lessee's sole cost, expense and risk. The lease of all or part of the Land shall be evidenced by Supplemental Leases executed by and between Lessor and Lesssee, similar in form and substance to the Short term and Long term Supplemental Leases attached hereto as Exhibit B. C The Improvements together with the Land are on occasion collectively referred to as the "ProDertv". The "Leased Premises" shall consist of the Property leased and demised under any Supplemental Lease. D. Lessor and Lessee desire to create hereby a GTCA under which Lessor and Lessee shall have the right to enter into Supplemental Leases for all or part of the Property, which Supplemental Leases shall be operative pursuant to the terms, covenants and conditions hereof. It is specifically agreed and understood that any Supplemental Lease executed by and between I,essor and Lessee shall be governed by and subject to all of the terms, covenants and conditions hereof as if set out verbatim in any Supplemental Lease. l. BASIC TERMS 1.] This Section I contains the Basic Terms of the GrCA between the Lessor and Lessee named belo\\ Other Sections of the GTCA referred to in this Section 1 explain and define the Basic Terms and are to be read in conjunction with the Basic Terms. Address of Lessee Scannell Development Company 800 East 96th Street. Suite 175 Indianavolis. IN 46240 Attn: Douglas L. Snyder Telephone No: (317) 843-5959 [ E~N ~ OpIWn Agreement .r'ji",' OfC1rjlW (',.,stJ ',~LI % [) ;i h Facsimile No: (317) 843-5957 With a copy to: James C. Carlino. Esq. __________ General Counsel Scannell Development Company 800 East 96th Street. Suite 175 Indianapolis. IN 46240 Address of Lessor: Comus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406 Attn: Dave Hamrick. Director of Aviation Telephone No.: L361-> 289_- 0171_ Facsimile No.: C)61_) _298 - 0251_ 1.2 Land: All of Lessor's undivided interest in the Land. 1.3 Lease Term: The short term Supplemental Lease has a one (1) year term which shall be superceded by a forty (40) years and zero (O)months Long term Supplemental Lease beginning on the sixty-first (61st) day after final City Council approval (Commencement Date) (the "Initial Ternl") (See Section 2.2) or such other date as is specified in the Long term Supplemental Lease executed by and between Lessor and Lessee, and ending on the Expiration Date (See Section 2.2), ("Lease Term"). 1.4 Options To Extend: Two (2) successive five (5) year non-automatic options to extend Lease Term with terms to he negotiated'1lt time of each renewal. (See Section 2.3) 1.5 Permitted Uses: No Building, structure, or land shall be used for any purpose other than the following, or any combination thereof. and such uses shall satisfy the standards set forth is this Declaration: a General permitted industrial classifications are as follows: research and light industry, industrial support, and medium and heavy industry, warehousing, and wholesaling. b. Administrative, retail, and professional office use shall be permitted. 1.5 I Prohibited Uses The following uses shall not be permitted on the Leased Premises at any time: activitieS not allowed in City Of Corpus Christi Zoning Ordinance Classification 1-3. junkyards; mining and quarrying; dumping, disposal, incineration, or reduction of garbage, sewage, offal, dead animals, or refuse; fat rendering, stockyards or slaughtering of animals; smelting of iron, tin, zinc, or other ores; large animal raising, sexually oriented business establishments, any establishment that den ves more than fifty (50) percent of its gross receipts from the L.\,N :x.auneU OPIWll. Aj!;C'<:'TTlC;' 'iT~' 11ft d'l'U,' hnsl 10{ i' - sale of alcohol, advertisement signage excluding Lessor approved tenant signage and Lessor approved Lessee marketing signage, and paid public parking facilities. 1.5.2 Approval of Uses: Certain industrial uses may neither be specifically prohibited nor specifically permitted In these cases, approval in writing of the use must be nbtained from the Lessor prior to approval of plans and specifications for construction of the facility. 1.5.3 Performance Standards: The Leased Premises shall not be used or occupied in any manner so a.<.; to create any dangerous, injurious, noxious, or otherwise objectionable conditions that may materially and adversely affect any other lots, mcluding but not limited to: Hazardous activities Vibration or shock Noise Smoke, dust, odor, or other forms of air pollution Heat or glare Electronic or radio interference Illumination Liquid or solid refuse or waste Other substance, condition, or element in such amount as to affect the surrounding area or adjoining premises. 1.6 Initial Deposit: $ N/A (See Section 3.2, below) 1.7 Rent and Other Charges Payable by Lessee: 1.7.1 Annual Base Rent. The annual b~ rent (the "Base Rent") as outlined below shall be paid by the Lessee to Lessor in equal monthly amounts from the Commencement Date, as defined below, through the end of the Lease Term as set forth in Section 1.4: [~~.- ~.:~ -:-:-~;~.~----=----- - --- ~~ ~ j1,~..l~;; ;~;,"} ~ -- Years 1-10 Years 11-20 Years 21-30 Years 31-40 Extension Period 1 Extension Period 2 Pursuant to terms in Section 2.3 Pursuant to terms in Section 2.3 Rent IS paId monthly. l. 7.2 Accrual; Due Date. The Base Rent set forth above shall be paid monthly, III advance, on the first day of each month, as provided in Section 3.1. 1.8 Riders: The following Riders are attached to and made a part of this GTCA: Exhibit A Land jJ:AN So.:3nncQOJ'h(){l~mcnl,<'ttv~lfC.'l'1'USI m'>1:1 ,f',J<', I;. II x Exhibit B Exhibit C Exhibit D Short term Supplemental Lease and Long term Supplemental Lease Plans & Specifications Memorandum of Lease 2 LEASE TERM 2.] Lease of Land For Lease Term. Lessor leases the Leased Premises to Lessee and Lessee leases the Leased Premises trom Lessor for the Lease Term. The Lease Term is for the period stated in Section 1.3 above and shall begin and end on the dates specified in Section 2.2, unless the beginning or end of the Lease Term is changed under any provision of this OTCA. The term "Conunencement Date" shall be the date specified in Section 2.2 unless advanced or delayed under any other provision of this GTCA. 2.2 Lease Term \fly Supplemental Lease shall commence on the date specified therein (the "Commencement Date"). and shall run for the term as set forth in Section 1.3 (the "Initial Tenn"). subject to earlier termination or cancellation as provided herein. Any Supplemental I ,ease shall expire, if not cancelled or terminated earlier in accordance with its proVIsIons, ,It 1159 p.m. local time on the last day of the Lease Term, as extended (the "ExpiratIOn Date") 2.3 Options To Extend. Lessee shall have, at its option, two (2) successive non-automatic options to extend the Lease Term, each such option being for a period of five (5) years (each such penod also referred to herein as an "Extension Period"). Lessee shall notify Lessor of its intent to exercise the option in writing at least ninety (90) days prior to the expiration of the lnitiaI Term or Extension Period, as the case may be. Minimum Annual Rent for each Renewal Tenn shall be an amount equal to the then current Market Rate, as hereinafter defi ned. A" used herein, the term "Market Rate" shall mean and refer to the product of the Per Square Foot Markm Rate (as herein defined) times (or the combined actual square footage of the Office Space, Maintenance Space and Plant Space). For the purposes of this calculation, the term "Per Square Foot Market Rate" will mean and refer to a per square foot rental rate determined by Landlord, based upon rental rates then being charged for premises of similar size, of a similar age, and with similar improvements m Nueces County, Texas, taking into account the then current interest rate climate for mortgage mdehtedness The Landlord will determine the Per Square Foot Market Rate and the t\1arket Rate for each Renewal Term, and provide written notice to Tenant of its determination. within thirty (30) days following Landlord's receipt of the Tenant's notice, exercismg Its nght to extend the Lease T enn for the applicable Renewal Teon (herein a "Market Rate\1otice") If the Tenant does not object to the Market Rate specified in any such Market R ate Notice, \\ithin thirty (30) days following receipt thereof, the Minimum L\.nnual Rent fqr the Renewal Term shall be the Market Rate specified in the Market Rate Notice, If the Tenant does object to the Market Rate specified in any such Market Rate Notice. within the thirty (30) day period provided, then Landlord and Tenant shall each appomt an appraiser qualIfied to determine Market Rate, and those two appraisers shall either agree to a joint detemllnation of Market Rate, which shall be binding upon Landlord and Tenail1 or, if the\ cannot agree. then they shall appoint a third appraiser, whose detennlfldtl\ln ;hall be hmdlng, provided, however, Tenant may withdraw its right to renew the Lca::.e rem \qthlI1 ten ()O) days after the Tenant's receipt of either the joint Sc:annelll~l-.ll' determination of Market Rate or the third appraiser's determination of Market Rate, and the Lease will then expire and terminate as of the end of the Initial Term, or then current Renewal Term as the case may be. 2.4 Holding Over Lessee shall vacate the Leased Premises upon the expiration or earlier termination of the Supplemental Lease. Lessee shall reimburse Lessor for and indemnify Lessor against all damages which Lessor incurs from Lessee's delay in vacating the Leased Premises fexduding punitive and/or consequential damages but including all costs associated with any eviction proceedings initiated by Lessor and together with all reasonable attorney's fees incurred both at trial and upon any appeal). If Lessee does not vacate the Leased Premises upon the expiration or earlier termination of the Supplemental Lease and remains in possession thereof, either itself or through a subtenant, with the written consent of Lessor, Lessee's occupancy of the Leased Premises shall be a "month- to-month" tenancy 3 BASE RENT 3.1 Time and Manner of Payment. Subject to the provisions of this GTCA, Lessee shall pay Lessor the Base Rent, in advance, without offset, deduction or prior demand on the first day of each month during the Lease Term. If the Commencement Date falls on other than the first day of a month, and/or if the last day of the Lease Term falls on other than the last day of a month, then Rent for the first month and/or the last month of the Lease Term shall be prorated based upon the nwnber of days of the respective months the Lessee actually had possession of the Leased Premises. The Base Rent shall be payable at Lessor's address or at such other place as Lessor may designate in writing. 3.2 Credit Option for Payment. Notwithstanding anything to the contrary contained herein, Lessor shall apply 50% of the optiQIl-money on deposit with Chicago Title Insurance Company (the ''Title Company") towards Base Rent, beginning with the first installment thereof The parties agree and stipulate that the amount of said option money on deposit with the Title Company is , and that 50% of said amount shall be applicable to Base Rent through ,20_, at which time Lessee shall begin paying Base Rent to Lessor, Lessor and Lessee shall issue joint written instructions to the Title Company authorizing the release of the option money to Lessor. 3.3 Late Payment. Any rental payment or other swn due under any Supplemental Lease, all of which shall be deemed "Rent" by the parties, not received within five (5) days of the due date shall bear interest until collected, at a rate equivalent to the lesser of (i) the highest rate of interest allowed by law; and (ii) twelve percent (12%) per annum. 3.4 Sublease. Lessor acknowledges that Lessee may be subleasing all or portions of the Improvements constructed on the Leased Premises. During the Lease Tenn, Lessor shall not have the right to object to any sublease entered into by Lessee for the Leased Premises that is in compliance with all provisions of this GTCA, or any Supplemental Lease executed pursuant to the terms hereof. 4 OTHER CHARGES PAYABLE BY LESSEE CH~N'; ScanneIlO"hoo Afreemenl' 11' "f('orpus Chrirn :,,) -Y)J)j. 10 4.1 Additional Rent. All charges payable by Lessee other than Rent are called "Additional B.en~. ,. Unles~ this GTCA provides otherwise, Lessee shall pay all Additional Rent then due WIth the next monthly installment of Base Rent. 4.2 Property Taxes. 4.2.1 Real Property Taxes. Lessee shall pay directly to the tax collector, prior to delinquency. all Real Property Taxes on the Leased Premises (including any fees, taxes Of assessments against, Of as a result of any Lessee Improvements installed on the Leased Premises by or for the benefit of Lessee) during the Lease Term which are due and payable during the Lease Term. Written evidence of the payment of Real Property Taxes and special assessments shall be furnished by the l,esset to the Lessor upon Lessee's receipt of any written request from Lessor for such written e\'idence of payment. If Lessee fails to pay the Real Property Taxes when due. Lessor shall have the right, but not the obligation, to pay the taxes, and Lessee shall reimburse Lessor for the amount of such tax payment as Additional Rent. The taxes for the year in which the Commencement Date occurs shall be prorated between the parties, with the Lessee paying the Real Property Taxes attributed to the portion of the first year of the Lease Term from the ('ommencement Date through December 31 st of said year. Taxes for the year in whIch the [.ease ends be prorated between the Lessor and Lessee as of the ending date. 4.2.2 Defmition of Real Property Tax(es). For purposes of this GTCA the term "Real Property Tax" and/or "Real Pronertv Taxes" shall mean: (i) any fee, license fee, license tax. business license fee, commercial rental tax, levy, charge, assessment, penalty or tax imposed by ant_taxing authority against the Leased Premises; (ii) any tax on the Lessor's right to receive, or the receipt of, rent or income from the Leased Premises or against Lessor's business of leasing the Leased Premises; (iii) any ta;\ or charge for fire protection, streets, sidewalks, road maintenance, refuse or ,Aher services provided to the Leased Premises by any governmental agency; (iv) any tax imposed upon this transaction or based upon a re-assessment of the Leased Premises due to a change of ownership, as defined by applicable law, Of other transfer of all or part of Lessor's interest in the Leased Premises; and (v) any charge or fee replacing any tax previously included within the definition of Real PropCf1Y Tax. Real Property Taxes shall include all charges levied, assessed or unposed, whether general or special, ordinary or extraordinary, unforeseen as well as foreseen, of any kind and nature, made, assessed, levied or imposed upon, or 'Nhlch become a lien upon, the land, the Improvements, or any part of the Leased Premises, or upon this GTCA, and are due and payable during the Lease Term, as well as assessments for sidewalks, streets, sewers, water, or any other public ImprO\ements and any other improvements or benefits which shall, during the Lease Term, be levied, assessed or imposed, or become a lien upon the land, the improvements, or any part of the Leased Premises, or upon this GTCA, and hecome due and payable during the Lease Term. Real Property Taxes shall not, )"'...... "czIJ1Ddl Clptum Ai;",'TIl~".' ",- "j _rp\.,~ hn", .... however, include Lessor's federal or state income, franchise, inheritance or estate taxes. 4.2.3 Personal Property Taxes. 4.2.3.1 Lessee shall pay all taxes levied or assessed against trade fixtures, furnIshmgs, equipment or any other personal property belonging to Lessee or anyone claiming by or through Lessee. Lessee shall try to have personal property taxed separately from the Leased Premises. 4.2.3.2 If any personal property is taxed with the Leased Premises, Lessee shall pay all such taxes on or before the date when due. 4.2.4 Lessee's Right to Contest Taxes. Lessee may attempt to have the assessed valuation of the Leased Premises reduced or may initiate proceedings to contest the Real Property Taxes. If required by law, Lessor shall join in the proceedings brought by Lessee. However, Lessee shall pay all costs of the proceedings, mcluding any costs or fees incurred by Lessor. Upon the final determination of any proceeding or contest, Lessee shall immediately pay the Real Property Taxes due, together with all costs. charges, interest and penalties incidental to the proceedings. If Lessee does not pay the Real Property Taxes when due and contests such taxes, Lessee shall not be in Default under this GTCA for nonpayment of such taxes if Lessee deposits funds with Lessor or opens an interest-bearing account reasonably acceptable to Lessor In the joint names of Lessor and Lessee. The amount of such deposit shall be sufficient to pay the Real Property Taxes plus a reasonable estimate of the interest, costs, charges and penalties which may accrue if Lessee's action is unsuccessful, less any applicable tax impounds previously paid by Lessee to Lessor. The deposit shall be applied to the Real Property Taxes due, as determined at such proceedings. The RearProperty Taxes shall be paid under protest from such deposit if such payment under protest is necessary to prevent the Leased Premises from being sold under a "tax sale" or similar enforcement proceeding. 4.3 Utllities. Lessee shall pay, directly to the appropriate supplier, the cost of all natural gas, heat, light, power, sewer service, telephone, water, refuse disposal and other utilities and services supplied to the Leased Premises. 4.4 Insurance Policies. 4.4.1 Liability Insurance. During the Lease Term, Lessee or Lessee's sublessee shall maintain a policy of commercial general liability insurance (sometimes known as broad fonn comprehensive general liability insurance) insuring Lessee against liability for bodily injury, property damage (including loss of use of property) and personal injury arising out of the operation, use or occupancy of the Leased Premises. Lessee shall name Lessor as an additional insured under such policy. The amount of such insurance shall be Two Million and nollOO Dollars ($2,000,000.00) per occurrence with an aggregate limit, including through umbrella coverages, of not less than Five Million and nolI 00 Dollars ($5,000,000.00). The Cl..FAN Scannell o,.ion ~:nl..( 111'dCorpus Chnsti ~.,~O IY.{)()( 12 liability insurance obtained by Lessee under this Section 4.4.1 shall be primary and non-contributing. The amount and coverage of such insurance shall not limit Lessee's liability nor relieve Lessee of any other obligation under this GTCA. Lessor may also obtain comprehensive public liability insurance in an amount and '.v1th coverage detemlined by Lessor insuring Lessor against liability arising out of owner~hip. operation, use or occupancy of the Leased Premises. The policy obtaine-d t1\ l,esscH shall not he contributory and shall not provide primary IIlsurance, Contractors shall provide commercial automobile liability coverage of S 1'()O(i.OOO combinatIOn single lImit. 4.4.2 Property Insurance. During the Lease Term, Lessee shall maintain policies of insurance covering loss of or damage to the Improvements on the Leased Premises III the full amount of its replacement value, Such policy shall provide protection againsl all perils included within the classification of fire, extended coverage, vandalism, malicious mischief: special extended perils to include wind, hurricane and hail (all nsk), sprinkler leakage and any other perils which Lessee deems reasonably necessary Lessee shall not do anything nor permit anything to be done which invalidates any such insurance policies, Lessor shall be shown as an additional insured party under said policies, 4.4.3 Workers' Compensation Insurance. If applicable, the Lessee shall carry workers' compensation insurance required to be carried by Lessee by Texas law in amounts not less than the amount required by law. The Lessee shall require all contractors and sublessees that Lessee contracts with in connection with the Improvements on Leased Premises to promise to carry workers' compensation insurance in amounts not less than the amount required by law covering all persons employed by the contractor or sublessee, as the case may be, in connection with the Improvements on the Leased Premises and willi respect to whom death, bodily injury, or sickness Insurance claims could be asserted against the Lessor or Lessee. 4.4.4 Builders' Risk Insurance. During the course of any alteration, construction, or reconstruction, the Lessee shall provide or cause to be provided all risk builders' nsk insurance for the amount of construction, 4.4.5 Payment of Premiums, Lessee shall pay all premiums for the insurance policies described in Sections 4.4 no later than the due date. Lessee shall deliver to Lessor d copy of any policy of insurance which Lessee is required to maintain under this Section, As an alternative to providing a policy of insurance, Lessee shall have the right tu provide Lessor evidence of insurance (Accord Form 27), executed by an authonzed officer of the insurance company, showing that the insurance which Lessee is reqUIred to maintain under this Section is in full force and effect and containing such other information which Lessor reasonably requires. 4.4.6 General Insurance Provisions. 4.4.6. J If Lessee fails to deliver any policy, evidence of insurance or renewal to Lessor required under this GTCA within ten (10) U-:AJ.; Sc.anaell ()plion"'_iJ'~wn:' 'rt:;." of,' '.rpu.', :hns 4.4.6.2 4.4.6.3 business days of written notice from the Lessor, or if any such policy is canceled or modified during the Lease Term without Lessor's consent, then Lessee will be in default under this GTCA and any Supplemental Leases executed pursuant to the terms hereof. Lessee shall maintain all insurance required under this GTCA with companies holding a "General Policy Rating" of B+, VIII or better, as set forth in the most current issue of "Best Key Rating Guide". Lessor and Lessee acknowledge the insurance markets are rapidly changmg and that insurance in the form and amounts described in this Section 4.4 may not be available in the future. If at any time during the Lease Term, Lessee is unable to maintain the insurance required under the Lease, or the cost of such coverage becomes prohibitive, Lessee shall nevertheless maintain insurance coverage which IS customary and commercially reasonable in the insurance industry for Lessee's type of business in the greater metropolitan area lfl and around Corpus Christi, Texas, as that coverage may change from time to time. ill such a case, Lessee shall obtain any such additional property or liability insurance as Lessee, Lessor and any Lender (as defined in Section 11, below) mutually deem to be reasonably necessary to protect Lessor's and Lessee's interest under this GTCA. Lessee and Lessor understand and agree that the minimum limits of the insurance herein required may become inadequate, and Lessee agrees that it shall increase such minimum limits upon receipt of notice in writing from Lessor. Lessee shall waive any and all rights of recovery against the Lessor, or against the officers, employees, agents or representatives of the other, for loss of or damage to its property or the property of others under its controJ, if such Joss or damage is covered by any insurance policy in force (whether or not described in this GTCA) at the time of such loss or damage. 4.5 Cost of Loans to be Paid b)' Lessee. The Lessee affirms that it shall bear all of the costs and expenses charged by any lender in colUlection with any debt on the Lessee's Leasehold Estate (as defined in Section 11.1 below) for the Leased Premises. 4.6 Direct Payment by Lessor. If any Additional Rent must be paid directly by Lessor and the payee refuses to accept payment from the Lessee, then: (a) Lessor appoints Lessee as Lessor's attorney-in-fact for making such payment; and (b) if the payee nevertheless refuses to accept payment from Lessee, then Lessee shall notify Lessor of such fact and shall pay such amount to Lessor in a timely manner accompanied by reasonable instructions on the further remittance of such payment. Lessor shall with reasonable promptness comply with Lessee's reasonable instructions. Lessor shall indemnify andahold harmless Lessee against Lessor's failure to timely remit such payment. CU..AN Scam;ell 0pII.cw! ~l-<C,!, <11 I 'orpus eMS"...: ~ .1,.' f... i)( ~ ......-. 14 4." Absolutely-Net Lease. It is understood and agreed between the Lessor and Lessee that this is an "absolutely-net Lease". It is intended that the Rent provided for in this GTCA shall be an absolutely net return to Lessor throughout the Term, free of any Property expense, charge, or other deduction whatsoever. including all claims, demands, or setoffs of any nature whatsoever except as expressly stated herein to be the Lessor's obligation. Lessee shall also pay without notice, except as may be provided in this GTCA, and without abatement deduction, or setoff, as additional rent, all sums, impositions, costs, and other payments arising out .Jf Its occupancy and use of the Leased Premises except those with whIch Lessor 10 any (if the provisions of this GTCA expressly assumes or agrees to pay, and in the event of any nonpayment, Lessor shall have (in additional to all other rights and remedies) all the nghts and remedies provided for in this GTCA or by law in the case of nonpayment (If the Rent Lessee's payment obligations include but are not limited to any and all utIlity and other sefVIces needed by Lessee with respect to the operation of its business on the Leased Premises. Except as otherwise specitkally provided in this GTCA, no abatement, refund, diminution, or reduction of Rent or other compensation shall be claimed by Lessee on account of work on the Improvements, by VIrtue or because of legal requirements, or the occurrence of any matters referred to in Section 8 (condemnation) of this GTCA, or for any other reason, cause. (If occurrence. 5 USE OF PROPERTY 5.1 Use of Property. At Lessee's sole cost and expense and at Lessee's sole discretion, Lessee shall have the right, subject to limitations in Section 5.2, to construct Improvements on the Leased Premises. In that connection, Lessee may finance the construction of Improvements and/or its Leasehold Estate (as defined in Section II. I below) with any Lender, subject to the restrictions set forth herein. Lessee-'Si'lall have the right to not only construct any and all Improvements on the Leased Premises deemed necessary by the Lessee, but to develop and use the Leased Premises in any lawful manner which is in accordance with Section 1.5. Upon and after construction of any building or structure on the Leased Premises, Lessee shall maintain same in a reasonable condition and state of repair (subject to the limitations on the Lessee's maintenance obligations set forth in Section 6.3, below); and Lessee shall provide Lessor with a set of the mylar plans (as-buiIts) and/or specifications, if any, for the work for Lessor's information and for retention in Lessor's files. Lessee reserves the right to change the Improvements it expects to construct depending on economic circumstances, zoning and other issue~ as approved by Director. Lessee shall have the right to lease the Leased Premises to third-par1y subtenants and accept rental payments from such subtenants without the Lessor's Ct)fisent Lessee shall have the further right to manage the Leased PremIses and take whatc\er action. in Lessee's judgment, it deems necessary and appropriate so long as-;uch action is consistent with the other terms and provisions of this GTCA. Lessee shall be deemed the owner of all Improvements that it constructs for the duration of the term of this GTCA. Except as provided elsewhere in this GTCA, Lessor and L.essee acknowledge that it is the intention of the parties that, to the extent Lessee performs all of its obligations under this GTCA. Lessor relinquishes any and all rights to share in the mcome of the Leased PremIses. on account of its interest in the Leased Premises, its interest under thl~ GTC A or otherWlsl' rA..~ScaaacllU'P(ion i;~,cm-.-l1y('" 'Jrpu' UlT"t, 2"_~ llO;~ I;; 'iI!llJ!P 5.2 Manner of Use. Lessee shall not cause or permit the Leased Premises to be used in any way which constitutes a violation of any law, ordinance, or governmental regulation or order, or which constitutes a nuisance or waste or is in violation of Section 1.5 of this GTCA. From time to time, Lessor shall provide Lessee with copies of all regulations and requirements pertaining to the development of the Leased Premises as property of a municipal aJrport promptly following request of Lessee. Lessee shall obtain and pay for all permits, including a Certificate of Occupancy (to the extent applicable), required for Lessee's occupancy of the Improvements and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the use by Lessee of the Leased Premises or cause any sublessee occupying any portion of the Improvements to take such actions. 5.3 Exclusive Control. Lessee shall have exclusive control, possession, occupancy, use, and management of the Leased Premises. Lessee shall have the exclusive right to install signage on or at the Leased Premises, or to transfer the right to install such signage during the Lease Term to one or more third parties, which is in compliance with all laws and meet the standards for signage established by the Aviation Director. Lessee may enter into, terminate, modifY, amend, or waive any existing or future contracts relating to management or operation of the Leased Premises and provision of services to the Leased Premises. Any such contracts shall automatically expire on the Expiration Date. 5.4 Hazardous Materials. Lessee shall not violate any law or regulation of any federal, state or local governmental authority having jurisdiction over Hazardous Material. As used in this GTCA, the term "Hazardous Material" means any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste or related materials, including any substances defined as or included in the definition of "hazardous substances", "hazardous wastes", "hazardous mateJ:ials" or "toxic substances" now or subsequently regulated under any applicable federal, state or local laws or regulations, including without limitation petroleum-based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and other chemical products, asbestos, PCBs and similar compounds, and including any different products and materials which are subsequently found to have adverse effects on the environment or the health and safety of persons. Lessee shall have the duty and obligation to cure any environmental contamination of the Leased Premises caused by the Lessee or cause any sublessee to cure any such contamination caused by said sublessee during the term of this GTCA, and Lessee agrees to indemnify and hold harmless Lessor from and against all claims and damages of whatsoever nature, asserted against the Lessor or the Leased Premises as a result of the Lessee's or any Sublessee's use and occupancy of the Leased Premises, including but not limited to all clean-up and remediation costs, claims of personal injury or property damage, md court costs and reasonable attorneys' fees incurred in any mediation, arbitration trial or appellate proceeding pertaining thereto. Lessee shall have no obligation to remediate any preexisting Hazardous Substances on the Leased Premises and the Lessor agrees to mdemni fy and hold harmless the Lessee from the same. Lessee shall not be allowed to construct an underground storage tank on any of the leased premises. OF,.AJIi Scannc:llOplwn ~1~ ,". ,,{('!Jr1'\;"i ':hr'.stl ~ ?l' ,",', 1)0'" If, .,...,. ~- If Lessee detennines that a threat to the environment, as a result of Lessee's operations. including but not limited to a release, discharge, spill, or deposit of a hazardous substance has t)ccurred or IS occurring which affects or threatens to affect the Airport, or persons. structures, eqUIpment. or other property thereon, Lessee must immediately verbally notIfy (I) the Director, (2) the Airport Public Safety Office, and (3) all emergency response centers and environmental or regulatory agencies, as required by law or regulation. Lessee must prOVIde Director with written confirmation of the verbal report within 72 hours. Lessee agrees 10 cooperate tully with the Airport in promptly responding to, reporting, and remedymg, as ,1 result (If Lessee's operations, any such threat to the environment, including the dramage systems, soIls, ground water, waters, or atmosphere, in accordance with applicahle law or as authonzcd or approved by any federal, state, or local agency having authont) 0\ er environmental matters, 5.5 Quiet Possession. If Lessee pays the Base Rent and Additional Rent (collectively referred to herem as the "Rent") and complies with all other terms of this GTCA, Lessee or its subtenant(s) may occupy and enjoy the Leased Premises for the full Lease Term without molestation or disturbance by or from Lessor or anyone claiming by or through Lessor or having title to the Leased Premises paramount to Lessor, and free of any encumbrance created or suffered by the Lessor. 5.6 Lessor's Encumbrances. Lessor shall not cause any lien or encumbrance, including without limitation, trust deeds. mortgages, security agreements, pledges or hypothecations on Lessor's ownership interest, to burden the Leased Premises without the prior written consent uf Lessee, which consent may be given or withheld at the sole and arbitrary discretion of the Lessee. rhis provision shall not preclude the Lessor from pledging, hypothecating, or otherwIse encumbering its interest as Lessor under the terms of this GTCA, provided that in so doing, the Lessor will deliver to Lessee (and any Lender) an agreement recognizing the rights of the Lessee (and any Lender) in, to and under this GTCA. 5.7 Applications and Filings. Upon Lessee's request, Lessor shall promptly join in and execute any Application or Filing (as defined below) as Lessee may from time to time request, provided that: (a) such Application or Filing is in customary form; and (b) no uncured Default (as defined below) exists beyond any notice or grace period. For purposes of this Section 5.7 of the Lease, the term "Application or Filings" shall mean and refer to any instrument document. agreement, certificate, or filing (or amendment of any of the foreg01l1g): (a) necessary ell appropriate for any construction work this GTCA allows, 1l1cluding any application tcn any utility service or hookup, easement, covenant, condition, restriction. subdivision plat, or such other instruments as Lessee may from time to time request 1I1 connection with such construction work; (b) to enable Lessee to obtain any abatement, deferral or other benefit that may otherwise be reasonably available for the payment of real estate taxes; (c) to allow Lessee to change the use or zoning of the Leased Premises. proVIded such change in use or zoning shall be subject to Lessor's consent, which shall not be unreasonably withheld; (d) to enable Lessee from time to time to seek any approval or to use and operate the Leased Premises in accordance with this GTCA; (e) other\visc reasonabl y necessary and appropriate to pennit Lessee to realize the benefits I"f'. "':&ulCI1 ': 1l\!"n\""'^;~C' of the Leased Premises under this OTCA; or (t) that this OTCA otherwise requires Lessor to sign for Lessee. 6 CONDITION OF PROPERTY; MAINTENANCE, REPAIRS AND ALTERATIONS 6.1 Existing Conditions. Lessee accepts the Leased Premises in its condition as of the execution of the Lease, subject to all recorded matters, laws, ordinances, and governmental regulations and orders, and the terms of the Option Agreement between Lessor and Lessee (the "Option") Except as provided in this OTCA and the Option (which representations are incorporated by reference), Lessee acknowledges that neither Lessor nor any agent of Lessor has made any representation as to the condition of the Leased Premises or the suitability of the Leased Premises for Lessee's intended use. 6.2 Exemption of Lessor from Liability. Lessor shall not be liable for any damage or injury to the person, business (or any loss of income therefrom), goods, wares, merchandise or other property of Lessee, Lessee's employees, invitees, customers or any other person in or about the Leased Premises, whether such damage or injury is caused by or results from: (a) tire, steam, electricity, water, gas or rain; (b) the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, Improvements or any other cause; or (c) conditions arising in or about the Leased Premises, or from other sources or places. Lessor shall not be liable for any such damage or injury even though the cause of or the means of repairing such damage or injury are not accessible to Lessee. The provisions of this Section shall not, however, exempt Lessor and/or Lessor's agents or employees from liability for Lessor's negligence or misconduct. 6.3 Lessee's Obligations. 6.3.1 Except as provided in Section 7 (Damage or Destruction) and Section 8 (Condemnation), Lessee shall keep all portions of the Leased Premises (including structural, nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment) in good order, condition and repair (including interior repainting and refinishing, as needed) as suited to its use, excluding ordinary wear, tear, casualty, condemnation, depreciation and physical, technological and/or economic obsolescence. Lessee's obligations shall extend to both structural and non- structural items, and to all maintenance, repair and replacement work, including but not limited to unforeseen and extraordinary items (subject to the limitations set forth above). 6.3.2 Lessee shall, at its own cost and expense, promptly observe and keep all laws, rules, orders, ordinances and regulations of the federal, state and city governments and any and all of their departments and bureaus and those of any other competent authority applicable to the Leased Premises, (the "Legal Reauirements") whether or not such Legal Requirements affect the interior or exterior of the Improvements, necessitate structural changes or improvements, or interfere with the use and enjoyment of the Leased Premises, and whether or not compliance with the Legal Requirements is required by reason of any condition, event, or circumstance existing before or after the Lease Term commences; and shall promptly comply ClEAN Sc.anoell Option Agreemenl...( t1v "rcQI'PUS Cl:r.itl i J ("',.[)c.).: 18 with all laws, rules, orders, regulations and requirements of the issuer(s) of the Insurance policy(iesl contemplated in Section 4.4.2, above, and will use no part of Leased Premises for any unlawful purposes. It: however, the Lessee in good faith, shall desire to contest any laws, rules, orders, ordinances or regulations of the federaL state, city or other competent authority requiring repairs, alterations or changes in the L,ea.<.;ed Premises or in any building at any time situated thereon, Lessor may contest same, and it shall not be required to make such repairs, alteratIOns, or changes so long as it shall, in good faith, at its own expense, contest the same or the validity thereof by appropriate proceedings, and any such delay of the Lessee in complying with any such laws, rules, orders, ordinances and regulations unt1l final determination of such disputed matter shall not be deemed a default in the ..:onditions of this GTCA. Lessor will not unreasonably withhold, ('{mditlOn or delay its consent to execute such instruments, and give Lessee such assistance In connedion with such contest as shall be necessary, reasonable and proper at no :OSl or expense to Lessor; however, Lessee's time to comply hereunder shal nnt be so extended if Lessor shall be threatened with fine or Imprisonment Lessee shall hold Lessor harmless of all costs, expenses, liabilities, lnsses, damages, fines, penalties, claims and demands, including reasonable counsel fees, that may in any manner arise out of or be imposed because of the failure of the Lessee to comply with any law, rule, order, ordinance or regulation as aforesaid. Nothing contained in this Section or elsewhere in this aTCA will be deemed or construed as requiring the Lessee or any sublessee, under any CIrcumstance, to open or continuously operate within the Improvements or otherwIse on the Leased Premises at any particular time or date or for any particular penod during the Lease Term, and to the extent that the Improvements are not occupied at any particular time during the Lease Term, then the legal requirements applicable to the Improvements will be those legal requirements that are applicable 1f1 circumstances where such pfemises are not occupied; however, but upon any occupancy of the Improvements, either initially or after any period of vacancy, the legal requirements applicable to an occupied facility will be applicable to the Lessee's obligations hereunder 6.3.3 Lessee shall fulfill all of Lessee's obligations under this Section 6 at Lessee's sole expense. If Lessee fails to maintain, repair or replace any element of the Leased Premises to the condition required hereunder within sixty (60) days of written notice from Lessor. Lessee shall be deemed to be in Default of its obligations under this Section 6.3 6.3.4 Except for the negligence or willful misconduct of Lessor, Lessee shaD indemnify, defend and hold Lessor harmless from and against any and aD liability, claim, loss, cost, expense, damage (including reasonable attorneys' fees and consultants fees), lien, judgment or penalty arising in any manner whatsoever out of, involving, or in connection with, the use and/or occupancy of the Leased Premises by Lessee and/or its subtenants or anyone else claiming by or through Lessee. 6.4 Improvements. jlAN~Op(lon Ac"''',:me,:,'!,. _.,fi .,.,..pus --bnS1 I" 19 ......... ....-." 6.4.1 All plans and specifications for Lessee's Improvements, including all renovations, remodeling, refurbishing, signage, and construction upon the Leased Premises, must meet all City fire, building and other applicable city, state and federal regulations and code requirements, including obtaining required building permits. Lessee, at its expense, shall obtain all licenses and permits required prior to all renovatIOns. remodeling, refurbishing, or construction on the Leased Premises. The costs of developmg all plans and specifications as provided herein and the construction of Improvements and facilities upon the Leased Premises must be paid solely by Lessee, without any cost or expense to Lessor whatsoever. The plans and specifications, including the architectural design, color, building material, signage, and landscaping of Lessee's improvements must be approved by the Aviation DirectoL which approval will not be unreasonably withheld. No substantial changes or alterations must be made to said plans or specifications after initial approval by Aviation Director without further written approval by Aviation Director, which approval will not be unreasonably withheld. Upon final completion and acceptance of the Improvements by Lessee, Lessee must provide two sets of Mylar "as-built" plans and one electronic copy of the record documents to Aviation Director, who will keep one set of plans on file at the Airport and provide the other set to the City Secretary for incorporation into this GTCA as Exhibit C. Exhibit C becomes effective upon filing with the City Secretary and subsequent attachment to this GTCA. Lessee must keep said documents current, by providing two sets of Mylar "as-built" plans and one electronic copy of all record documents showing any alteration in excess of $25,000 to the Leased Premises during the term of the Lease to Aviation Director, to be attached to this GTCA in the same manner as provided for the original plans and specifications. During the construction of Improvements, Aviation Director may, after providing reasonable notice to Lessee, enter upon the Leased Premises during City's normal business hours and make inspections as may be necessary to ensure that the construction of Improvements is performed in accordance with the requirements of this GTe A. Initial Improvements for construction must begin within one (1) year of the execution of this GTCA and be completed with two (2) years from the execution of this GTCA. During this GTCA, Lessee shall (subject to the other terms and conditions of this GTCA) have the continuing right to remodel, renovate and refurbish the Leased Premises, or any part thereof, and to build and construct new additions and improvements thereon and thereto, provided; however, that Lessee has obtained the prior consent of the Federal Aviation Administration and the written consent of A viation Director, whose consent to the modifications will not be unreasonably withheld All alterations, additions, and Improvements to the Leased Premises CLfAN Socannell Option Acreemeut'.('l1' ..( Corpus Clwlsti 7 -2Ci lIt, [)()( 20 shall be done in a good and workmanlike manner, in conformity with all applicable laws and regulations Lessee and assignees and sub lessees, must include in all construction contracts entered into, a provision requiring the contractor, or, in the alternative, Lessee. to indemnify, hold harmless, defend and insure the Lessor, including its officers, agents, and employees, against the risk of legal liability for death, injury or damage to persons or property, direct or consequential, arising or alleged to arise out of, or in connection with, the performance of any or all of such construction work, whether the claims and demands made are just or unjust, unless same are caused by the gross negligence or willful act of the Lessor. its officers, agents, or employees. Lessee must furnish, or require the contractor to furnish, insurance, as required in Section 4 herein. Lessee must include in a construction contract, or subcontract, all provlslOns required by the Director relating to the operations of the contractor on the Airport; such provisions, must include a Pa}TI1ent and Performance Bond for any work in excess of $25,000 to be performed by Lessee or the contractor. 6.4.2 Lessee shall pay when due all claims for labor and material furnished on or about the Leased Premises or in connection with the Improvements. 6.4.3 Lessee shall have no power to do any act or to make any contract that may create or be the foundation for any lien, mortgage, or other encumbrance on the reversion or other estate of Lessor or that would be prior to any interest of Lessor in the Leased Premises, except that Lessee (or a Sublessee) shall have the right, in the ordinary course of business, to finance purchases of FF &E (as defined in Section 13 .17) by providing a first lien on suchrtems, so long as any FF&E so liened can be safely removed as provided in Section 13.17. Lessee shall not suffer or permit any liens to attach to the interest of Lessee in all or any part of the Leased Premises by reason of any work, labor, services, or materials done for, or supplied to, or claimed to have been done for or supplied to Lessee or anyone occupying or holding an interest in all or any part of the Improvements on the Leased Premises through or under Lessee. If any mechanic's, construction or other liens or orders for the pa}TI1ent of money shall be filed against the Leased Premises or any improvements thereon by reason of: or arising out of any labor or material furnished to, or for the Lessee at the Leased Premises or for or by reason of any change, alteration or addition, by Lessee, or the cost or expense thereof, or any contract relating thereto, or against the Lessor as leased fee owner thereof by reason of Lessee's work or contract relating thereto, then within sixty (60) days, the Lessee shall cause the same to be canceled and discharged of record, by bond or otherwise, at the election and expense of the Lessee, and shall also defend on behalf of Lessor, at Lessee's sole cost and expense, any action, suit or proceeding which may be brought thereon or for the enforcement of such lien, liens or orders, and the Lessee will pay any damages and discharge any judgment entered therein and hold the Lessor harmless {J)A", ..,.anneIlOpl:i,..nAplX111e:tlt" no, -;ff:,-'ri'u~(~It:istl- ",IX,' 2 ] ..........- from any loss. claim or damage resulting therefrom, including reasonable attorney's fees, Nothing in this GTCA shall be deemed to be, or be construed in any way as constituting, the consent or request of Lessor, express or implied, by inference or otherwise, to any person, firm, or entity for the performance of any labor or the furnishing of any materials for any construction, rebuilding, alteration, or repair of or to the Leased Premises or to the Improvements, or as giving Lessee any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that might in any way give rise to the right to file any lien against Lessor's interest in the Leased Premises or against Lessor's interest, if any, in the Improvements. Lessee is not intended to be an agent of Lessor for the construction of Improvements on the Leased Premises. Lessor shall have the right to post and keep posted at all reasonable times on the Leased Premises and on the Improvements any notices that Lessor may reasonably wish to post for the protection of Lessor and of the Leased Premises and of the Improvements from any such lien. The foregoing shall not be construed to diminish or vitiate any rights of Lessee III this GTCA to construct, alter, or add to the Improvements. 7 DAMAGE OR DESTRUCTION 7.1 Casualty. If Lessee becomes aware of any damage or destruction to all or any material portion of the Improvements, whether ordinary or extraordinary, foreseen or unforeseen, affecting any or all Improvements and/or the Leased Premises (each, a "Casualty"), Lessee shall immediately notify Lessor of such fact 7.2 Effect of Casualty. If any Casualty occurs (i) no Rent shall abate, (ii) this GTCA shall not terminate or be impaired, and (iii) Lessee shall, to the extent that insurance proceeds payable on account of the Casualty are made available to Lessee by the Lender (as defined in Section ll) rebuild and/or restore that portion of the Improvements damaged by such Casualty 7.3 Adjustment of Claims; Use of Property Insurance Proceeds. Lessee shall be solely responsible for adjusting any insurance claim(s) pertaining to any Casualty, subject to the rights of any Lender. Subject to the terms of any Lender's loan documents, if the Lender makes the insurance proceeds (that are payable as a result of a Casualty) available to Lessee, such insurance proceeds shall be disbursed directly to a depository acceptable to Lender to be disbursed in accordance with Lender's loan documents for the safeguarding, clearing, repair. restoration, alteration, replacement, rebuilding and reconstruction of the portion of the Improvements damaged by such Casualty, to rebuild, repair and/or restore the affected Improvements to a condition that complies with applicable laws and is otherwise consistent with the Lessee's permitted use of the Leased Premises. 7.4 Waiver. Lessee waives the protection of any statute, code or judicial decision which grants a Lessee the right to terminate a lease in the event of the substantial or total destruction of the Lea'ied Premises, Lessee agrees that the provisions of this Section 7 shall govern the rights and obligations of Lessor and Lessee in the event of any such Casualty. n., A._I-> .'c<lIUlie1l <>f:Jt;C'fi A,ar=neol-' ;r~>",i (\rfT"U-, ,::hr1!JtJ It', L~ . 2~~ """"",. -,."'~ 8 CONDEMNATION. If a portion of the Leased Premises is taken under the power of eminent domain or sold under the threat of that power (all of which are called "Condemnation"), the Condemnation award shall be distributed in the following order of priority: 8.1 First, to Lessor. in amount to be calculated to reflect its reversionary interest in the Leased Premises so taken: 8.2 Second, to Lessee or its assigns, in an amount equal to the balance of the Condemnation award. 8.3 If the Leased Premises is partially or totally unusable as a result of such condemnation, as reasonably determined by the Lessee, Lessee shall have the right and option of terminating this GTCA on the date that the condemning authority has acquired title or taken possession of any portion of the Leased Premises that is subject to the Condemnation and thereafter neither party shall have any further rights, duties or obligations under the Lease. If the Lessee does not exercise any such right and option, Rent shall abate from the date that the condemning authority has acquired title or taken possession of any portion of the Leased Premises in proportion to the value of the Leased Premises so taken, giving due regard to the impact of that taking on the use and usefulness of the Leased Premises to accommodate the Improvements and use thereof. 9 ASSIGNMENT AND SUBLETTING 9.1 Lessor's Consent Not Required for Sublease. Lessor acknowledges that Lessee does not intend to occupy the Leased Premises and the Leased Premises will be subleased to one or more subtenants. Notwithstanding ~hing to the contrary in this GTCA, Lessee shall have the right, without the prior consent of Lessor, to sublease the Leased Premises under the terms and conditions of a sublease, negotiated and entered into solely by Lessee and its subtenant As such. Lessee may sublease the Leased Premises without Lessor's prior consent. 9.2 Assignment. This GTCA may be assigned to Lessee's principal, affiliates, or subsidiaries of it's principals without the written consent of Lessor. For all other assignments, the written consent of the Lessor must be obtained, but Lessor's consent thereto shall not be unreasonably WIthheld. Upon approval of the assignment by the Lessor, together with a copy of the document effectuating such assignment, the Lessee shall be released from all terms, conditions and obligations under the Lease. 10 DEFAULTS; REMEDIES 10.1 Defaults. Lessee shall be in material default (herein referred to as a "Default") under this GTCA: ('If liJ-;' ~ndlOp.wn ~nlcrJt... Cor;"j"; {'hr\~J' "',",' Ii< ~ n 10.1.] If the Lessee shall default in the payment of Base Rent for a period often (10) days following receipt of written notice from Lessor of any delinquency or failure to pay such Base Rent; 10.1.2 If the Lessee shall default in the payment of any Additional Rent for a period of thirty (30) days following receipt of written notice from Lessor of any delinquency or failure to pay such Additional Rent: 10.1.3 Except as otherwise herein provided, in the event that Lessee shall default or fail in the performance of a covenant or agreement to be performed by it under this GTCA, and such default shall not have been cured for a period of thirty (30) days after receipt by Lessee of written notice of such default or failure in performance; provided, however, if such default or failure cannot, with due diligence, be cured WIthin thirty (30) days after receipt by Lessee of any such written notice, and Lessee shall not have commenced the remedying thereof within such period or shall not be proceeding with due diligence to remedy such default or failure (it being intended in connection with any such default or failure that is not susceptible of being cured by Lessee with due diligence within any such thirty (30) day period, that the time within which to remedy that default or failure shall be extended for such penod as may be necessary to complete same with due diligence), or 10.1.4 If the Lessee shall make an assignment for the benefit of creditors or file a voluntary petition in bankruptcy or be adjudicated a bankrupt or insolvent by any court, or file a petition for reorganization or an arrangement under the Federal Bankruptcy Code or any stat~ insolvency act, or a receiver or trustee for its property shall be appointed in any proceeding other than a bankruptcy proceeding, and such appointment shall not be vacated within ninety (90) days after it has been made. 10.2 Lessor's Remedies. Upon the occurrence of an event of Default, and in all events subject to the prOVIsions of Section 11, below, Lessor may exercise anyone or more of the remedies set forth in this section or any other remedy available under applicable law or contained in thIS GTCA. In addition to all other rights and remedies provided for under this GTe A. at law or in equity, after service of written notice informing Lessee of termination of this GTCA, at the end of the tenth day, following the date of that notice, it shall be lawful for the Lessor to terminate this GTCA and to enter into Leased Premises or any part hereof. and expel the Lessee or any person or persons occupying Leased Premises, and so to repossess and enjoy the Leased Premises, provided, however, that if any voluntary or involuntary proceeding tor a reorganization or an arrangement is instituted, and no applicatlOn is made in any such proceeding and no relief is requested therein by the Lessee to reject this GTCA. or to reform or recast the same or for any change, modification or alteration of any of the tenns, covenants and conditions of this GTCA or to relieve the Lessee from the punctual payment of the Rent or other charges required to be paid by rU'AN S-:::tnnell Option Acr('emell1~:l:.)fCOfT>u.~ Cbnltl 11;i(:, IX" 24 .... Lessee under this GTCA, and if all Rent and other charges due form Lessee under this GTCA are paid within the time period(s) hereinbefore provided, and all of the terms, covenants and conditions of this GTCA required to be performed by Lessee are promptly performed and complied with within the time period(s) hereinbefore provided, then this GTCA shall not be so terminated, but shall continue in full force and effect, provided however, nothing herein contained shall modify the rights of the Lessor or the obligations of the Lessee with respect to this GTCA under the Federal Bankruptcy Code in the event of the fi ling 0 f a petition thereunder by the Lessee. Lessor or Lessor's agents and employees may immediately or at any time thereafter reenter the Leased Premises either by summary eviction proceedings or by any suitable action or proceedmg at law, or by force or otherwise, without being liable to indictment, prosecution, or damages, and may repossess the same, and may remove any person from the Leased Premises, to the end that Lessor may have, hold, and enjoy the Leased Premises. Lessor may relet the whole or any part of the Leased Premises from time to time, either in the name of Lessor or otherwise, to such tenants, for such terms ending before, on, or after the expiration date of the Lease Term, at such rentals and on such other conditions (including concessions and free rent) as Lessor may determine to be appropriate. To the extent allowed under applicable law, Lessor shall have no obligation to relet all or any part of the Leased Premises and shall not be liable for refusal to relet the Leased Premises, or, in the event of such reletting, for refusal or failure to collect any rent due on such reletting. Any such reletting will operate to relieve Lessee of and from any further liability under this GTCA. If the Lessor does not terminate this GTCA or otherwise terminate Lessee's rights of possession to the Leased Premises, Lessor has the right to recover its damages, including without limitation all lost rentals, all legal expenses including reasonable attorney's fees, all costs incurred by Lessor in restoring the Leased Premises or otherwise preparing the Leased Premises for reletting, and all costs incurred by Lessor in reletting the Leased Premises and interest thereon at the rate set forth above for past due Rent under this GTCA. No failure by Lessor to insist on the strict performance of any agreement, tenn, covenant, or condition of this GTCA or to exercise any right or remedy consequent upon a breach, and no acceptance of full or partial Rent during the continuance of any such breach, constitutes a waiver of any such breach or of such agreement, term, covenant, or condition. No agreement, term, covenant, or condition to be performed or complied with by Lessee, and no breach by Lessee shall be waived, altered, or modified except by a written Instrument executed by Lessor No waiver of any breach shall affect or alter this GTCA, C11"_"''''~IOptll)('Agre.:.-m<=lltA 11-, .fCorpus('bnstJ, !lllf,JX:)l 25 but each and every agreement, term, covenant, and condition of this GTCA shall continue in full force and effect with respect to any other then-existing or subsequent breach. Each right and remedy provided for in this GTCA shall be cumulative and shall be in addition to every other right or remedy provided for in this GTCA or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by Lessor or Lessee of anyone or more of the rights or remedies provided for in this GTCA or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the party in question of any or all other nghts or remedies provided tor in this GTCA or now or hereafter existing at law or in equity or by statute or otherwise. Should the Lease Term at any time be terminated under the terms and conditions hereof, or in any other way, the Lessee hereby covenants and agrees to surrender and deliver the Leased Premises peaceably to the Lessor immediately upon the termination of said term together with all the Improvements described in this GTCA in good condition with normal' wear and tear accepted. Furniture, fixtures, and equipment may be removed by Lessee or any subtenant at or before this GTCA terminates, provided, however, that the removal will not injure the Improvements or necessitate repairs to the same, or if such repairs are required, those repairs will be made promptly following any such removal. Lessee shall payor cause to be paid to Lessor the cost of repairing any damage arising from such removal and restoration of the Improvements to their condition before such removal. Any personal property of Lessee or any subtenant that shall remain on the Leased Premises for a period of more than thirty (30) days after the termination of this GTCA and the removal of Lessee or such subtenant from the Leased Premises may, at the option of Lessor, be deemed to have been abandoned by Lessee or such subtenant and may either be retained by Lessor as it's property or be disposed of, without accountability, in such manner as Lessor may see fit, or lf Lessor gives written notice to Lessee to such effect, such property, shall be removed by Lessee at Lessee's sole cost and expense. 10.3 Limitation on Lessor's Remedies. Notwithstanding anything to the contrary in this GTCA, Lessor shall not exercise any remedy that would dispossess any subtenant of the Leased Premises or Lessee without the prior written consent of the Lessee unless in the event of Lessee Default, Lessor shall pursue all remedies available to Lessor prior to termination of this GTCA. Subject to the terms of this Section 10.3, Lessor shall be entitled to enforce all of Lessor's rights and remedies under this GTCA, at law or in equity, including the right to recover the Rent as it becomes due. Notwithstanding the foregoing, Lessor shall not unreasonably withhold consent to execute any reasonable non-disturbance agreement requested by any subtenant of the Leased Premises to ensure that subtenant's interest in the Leased Premises shall not be disturbed by the Lessor in the event of Lessee Default. CIF'.AN ScmneIIOpcioo A,rce:meut..('11V nfC-OrpUS ChnstJ 1.20 D6,f)() 26 ...... .. .. '... 10.4 Lessor's Default. Notwithstanding anything to the contrary contained in this GTCA, in the event of breach or default of this GTCA by Lessor, Lessee shall have all rights available to it hereunder or at law or in equity. Lessee's right to seek any remedy for Lessor's default shall not be deemed waived by the failure to exercise said right nor shall any such failure estop Lessee trom afterward asserting said right to seek any remedy as provided herein or as provided b~' law. The remedies of Lessee shall be cumulative, and include any and all remedies as provided by law or in equity, and no one of them shall be construed as exclusive of any other or of any remedy provided by law. Any prior waiver of any of Lessee's rights under the Lease shall not constitute a waiver of Lessee's rights to damages in event of subsequent default or breach of Lessor. In the event a court of competent jurisdiction finds that the Lessor has breached the terms and conditions of this GTCA, in addition to any civil remedies. the Lessee shall be entitled to its reasonable attorneys' fees associated with such suit and/or claim. 1 J. PROTECTION OF LENDERS 11.1 DefInition. As used in this GTCA "Lender" shall collectively mean, each and every lender which (a) takes a security interest in, or otherwise encumbers, the Lessee's leasehold interest in the Leased Premises (the "Leasehold Estate"), which security interest is evidenced by a deed of trust, or mortgage, or other security instrument (herein referred to, collectively, as the "Leasehold Security Instrument") as recorded in the office of the County Recorder of Nueces County, in the State of Texas, and (b) has notified Lessor of such recorded Leasehold Security Instrument. Every Lender shall have the following rights in addition to all other rights and remedies conferred upon the Lender in law or in equity 11.2 General. Lender shall have the right: (a) to do any act or thing required of Lessee hereunder and all such acts or things done and performed shall be as effective to prevent a forfeiture of Lessee's rights hereunder, as if done by the Lessee; and (b) to exercise its remedies pursuant to its Leasehold Security Instrument; and, to transfer, convey, and assign Lessee's Leasehold Estate created hereby to any purchaser at any foreclosure sale, trustee's sale, or other sale held pursuant to such Leasehold Security Instrument, and to acquire and succeed to the interest of Lessee hereunder by virtue of any such sale, without the consent of Lessor. In furtherance of the foregoing, if Lender is the successful bidder at such sale held pursuant to any such Leasehold Security Instrument (or a senior security instrument) then Lender shall be entitled to further assign or transfer this OrCA or sublet the Leased Premises in the same manner as provided under Section 9, above, without the prior written consent of Lessor; and ( c) to accept an assignment in lieu of foreclosure under the Leasehold Security Instrument, without the consent of Lessor or otherwise acquire the Lessee's Leasehold Estate, by assignment or conveyance in lieu of any such foreclosure proceedings, in which case the Lender's rights and interest under its Leasehold Security Instrument shall not merge into the Leasehold Estate but shall remain separate and distinct aLAN ScannellOp.ioo ~.Cil,'rC-OrpusChn'i1.i 1'.20 ;....[l(I<: 27 ~ ."liIl" in all respects, the Leasehold Security Instruments shall remain in full force and effect; and the Lender shall be entitled to further assign or transfer this aTCA or sublet the Leased Premises in the same manner as provided under Section 9, above, without the prior written consent of Lessor. 11.3 Lender's Right to Cure Default. In the event of Default by Lessee, Lessor shall not be entitled to exercise any of its rights or pursue any of its remedies which arise by reason of such Default until the events described in the remainder of this Section 11.3 have occurred 11.3.1 Notice to All Lenders. Written notice describing the Default in reasonable detail shall have been given to all Lenders (at the address designated by each such Lender in the manner provided in Section 11.7 below), which written notice to each Lender shall be either (i) personally delivered to the person designated to Lessor by Lender to receive such notice, or in the event no such designation is made and Lender 1S a corporation, to a corporate officer of Lender, or (ii) shall be given by depositmg such notIce in the United States mails, certified or registered mail, postage prepaid, addressed to Lender at the address so designated to Lessor by Lender. which notice if mailed shall be deemed complete seventy-two (72) hours after the same is deposited in the United States mails; and 11.3.2 Right to Cure Default. Lender shall have failed to cure any Default described in such notice that can be cured by the payment of money within thirty (30) days after such notice is given to the Lender; or if the Default so described is in the performance of any other covenant or condition of this GTCA which cannot be cured by the payment of money, then Lender shall have failed to cure such Default within sixty (60) days after such notice is given; provided, however that if such cure requires Lender's entry upon the Leased Premises and Lender is prevented by eIther Lessor or Lessee from entering upon the Leased Premises, then Lender shall have sixty (60) days from the date Lender is permitted free and unrestricted entry upon the Leased Premises within which to cure such Default; and further provided, however, that if the Default is of such a nature that it cannot reasonably be cured within d11Y such sixty (60) day period, then Lender shall have such additional time aq IS reasonably necessary to cure such Default, provided that Lender has commenced the curing of such Default within such sixty (60) day period, and thereafter has proceeded diligently to cure the same. Lessor and Lessee agree that Lender may enter upon the Leased Premises to cure any Default of Lessee hereWlder at all reasonable times, and that neither Lessor nor Lessee shall in any way obstruct or limit Lender's right of entry upon the Leased Premises. Nothing contained herein shall in any manner obligate Lender to cure any Default of Lessee 11.4 Right to a New Lease. Notwithstanding any provision to the contrary set forth herein, if for any reason this aTeA is terminated by reason of, or in connection with, any court proceeding relating to any state or federal law for the relief of debtors, and if at such time any Lender holds a security interest in the Leasehold Estate so terminated, then such I.EA.N ScamadlO"UOIl ~lCib ofC:wpus (.bnst ~'iX> 1)(.. 21\ Lender shall be entitled to receive a new lease for the Leased Premises, wherein such Lender is Lessee upon the same terms and conditions set forth herein, and Lender shall have the same rights and obligations under such new lease as if such Lender had acquired the leasehold interest in the Leased Premises through foreclosure of its Leasehold Security Instrument. Such new lease shall have the same relative priority as this GTCA. No such termination of this GTCA shall in any manner affect the rights of any Lender until all of the following events have occurred: (i) Lessor shall have notified such Lender in writing of the termination of this GTCA and shall have offered such new lease to such Lender, which notice and offer shall be communicated to such Lender in the manner provided in Section 11.3.1 above, and (ii) such Lender shall have failed to accept in writing such offer of Lessor for a new lease and to communicate such acceptance to Lessor in the manner proVlded in Section 11.7 below within thirty (30) days after receipt of such written offer for a new lease; or the events described in clauses (i) and (ii) above have occurred, but such Lender has failed within such thirty (30) day period to cure any and all delinquent Rent payments and other monetary Defaults of Lessee under this GTCA and to commence to cure any other Defaults of Lessee. If Lender fails to comply with the provisions of this Section 11.4 its right to a new lease as set forth in this section shall terminate and Lender shall thereafter have no further right, title or interest in and to the Leasehold Estate or the Leased Premises. In the event Lender complies with the provisions of this Section It.4, the existing subleases of the Leased Premises (if any) shall remain in full force and effect and shall not be affected. 11.5 Lease Amendments and Termination. Lessor and Lessee shall not voluntarily and materially modify, amend, or change the provisions of this GTCA that would impact the Lender's security interest, without the prior written consent of the Lender, which consent shall not be unreasonably withheld. Lessor and Lessee shall not agree to voluntarily terminate this GTCA unless the obligations to all Lenders which are secured hereby have been paid in full. 11.6 Lender's Liability Hereunder. No Lender which takes a security interest in the Leasehold Estate shall be liable to Lessor as an assignee of Lessee, unless, and until such time as, such Lender shall have acquired the rights of Lessee hereunder through foreclosure or other appropriate proceedings in the nature thereof, or by assignment in lieu of foreclosure, or as a result of any other action or remedy provided for by Lender's Leasehold Security Instrument, or which may otherwise be provided by law. Any Lender which so acquires the Leasehold Estate shall be entitled to further assign or transfer this OTCA or sublet the Leased Premises in the same manner as provided under Section 9, above, with the prior written consent of Lessor. In the event such Lender has so acquired the rights of Lessee hereunder, such Lender assigns the Leasehold Estate to a third party in the manner contemplated herein, and such assignee agrees in writing to pay and perform all of Lessee's obligations hereunder, then from and after the date of such assignee's written assumptIOn of Lessee's obligations hereunder, Lender shall thenceforth be relieved of all liability under this GTCA. ll.7 Notices. Notices given by any and all Lenders to Lessor under this Section 11.7 shall be in writing and shall either be delivered to Lessor personally, or deposited in the United States mails, postage prepaid and addressed to Lessor at the address which Lessee shall CU.AJ" s.:;anndI~iOf'. ^,eer:nerl\~ '''-If{~(:brt3t17 2r'''6IX;' 29 designate. Any notice which is so mailed shall be deemed to have been received by Lessor within seventy-two (72) hours after the same is deposited in the United States mails. Lessor hereby agrees that upon receipt of any notice, either from Lessee or from any Lender, of the existence of any Leasehold Security Instrument, the Lessor will thereafter deliver to such Lender a duplicate copy of any written notice required or permitted to be given by Lessor to Lessee under the terms of this GTCA. Any such notice given to a Lender under this Section 11.7 shall be in writing and shall either be delivered to Lender personally, or deposited in the United States mails, postage prepaid and addressed to Lender at the address provided to Lessor. Any notice which is so mailed shall be deemed to have been received by Lender within seventy-two (72) hours after the same is deposited In the United States malls. 11.8 Implementation of Lender Protection Provisions. Lessor and Lessee shall cooperate to include in this OTCA by suitable amendment from time to time any provision which may reasonably be requested by any proposed Lender for the purpose of implementing the "lender protection" provisions contained in this OTCA and allowing such Lender reasonable means to protect or preserve such Lender's lien and security interest in the Leasehold Estate on the occurrence of a Default under the terms of this GTCA. Lessor and Lessee shall execute and deliver (and to acknowledge, if necessary, for recording purposes) any agreement necessary to effect any such amendment; provided, however, that any such amendment shall not in any way affect the term of this aTeA or Rent under this OTCA, nor otherwIse III any material respect adversely affect any rights of Lessor under this GTCA; and further provided, however, that Lessor shall not be obligated to encumber its reversionary interest in the Leased Premises, ("subordinate the fee"), execute any document creating personal liability on the part of Lessor, or otherwise subject Lessor or Lessor's interest in the Leased Premises to liability whatsoever for such loan. Notwithstanding the foregoing, Lessor and/or its lender shall be required to execute any reasonable subordination and non-disturbance agreement requested by any Lender to ensure that Lender's interest in the Leasehold Estate shall not be disturbed by the Lessor and/or any of Lessor's lenders on the Leased Premises (if any) in the event ofa foreclosure action. 11.9 Merger of Estates. In the event Lessee acquires the reversionary interest of Lessor in the Leased Premises and any Lender holds a Leasehold Security Instrument encumbering the Leasehold Estate, then the Leasehold Estate shall not merge with such reversionary interest, but shall remain a separate and distinct estate until all obligations to all Lenders have been fully paid, perfonned and satisfied, and such security interest in the Leasehold Estate shall remain in full force and effect, unless and until such time as Lessee has executed an appropriate security interest in the Leased Premises in a form, and having a priority, acceptable to all such Lenders. 12 PROCEEDINGS. If any action for breach of or to enforce the provisions of this aTCA is commenced, the court in such action shall award to the prevailing party a reasonable sum as attorneys' fees and costs both for trial and any appeal. The non-prevailing party in such action shall pay such attorneys' fees and costs both for trial and any appeal. Lessee agrees to indemnify and save harmless Lessor and its partners, officers, agents, employees and Affiliates from and OEAN ScannelIOptKio A,reetUatH lh ,dTorpllS ('tL'1St1 ., ~, '" III . 30 against any and all losses, claims, demands or suits by third parties in the manner contemplated in Section 6.3 (including reasonable attorneys' fees). If any action or proceeding is brought against Lessor by reason of any such claims, Lessee upon notice from Lessor covenants at Lessee's cost and expense to resist or defend such action or proceeding or to cause it to be resisted or defended by an Insurer, or If uninsured by counsel reasonably acceptable to Lessor, appointed and paid by Lessee 13 MISCELLANEOUS PROVISIONS 13.1 Representations. Lessor represents and warrants to Lessee that the following facts and conditions exist and are true as of the Commencement Date and, to the extent specifically so stated, will remain true throughout the Lease Term: 13.1.1 Due Authorization and Execution. Lessor has full right, title, authority, and capacity to execute and perform this OTCA, the Memorandum of Lease (as defined below). and any other agreements and documents to which Lessor is a party and referred to or required by this OTCA (collectively, the "Lease-Related Documents"); the execution and delivery of the Lease-Related Documents has been duly authorized by all requisite actions of Lessor; the Lease-Related Documents constitute valid, binding, and enforceable obligations of Lessor; and neither the execution of the Lease-Related Documents nor the consununation of the transactions contemplated thereby violates any agreement (including Lessor's organizational documents), contract or other restriction to which Lessor is a party or is bound. Lessor's representations and warranties contained in this paragraph shall continue to apply in full force and effect throughout the Term as if made continuously during the Term. 13.1.2 No Litigation. There is no existing or, to Lessor's knowledge, pending or threatened litigation, suit, actiolf, or proceeding before any court or administrative agency affecting the Leased Premises that would, if adversely determined, adversely affect the Leased Premises, or Lessee's ability to develop and operate the Lea"ed Premises for the purposes set forth herein. J 3.2 Severability. A determination by a court of competent jurisdiction that any provision of this OTC A or any part thereof is illegal or unenforceable shall not cancel or invalidate the remainder of such proVlsion or this OTCA. which shall remain in full force and effect. 13.3 Interpretation. The captions of the Sections of this OTCA are to assist the parties in reading this GTCA and are not a part of the teans or provisions of this GTeA. Whenever required by the context of this OTCA, the singular shall include the plural and the plural shall include the singular. The masculine, feminine and neuter genders shall each include the other. In any provision relating to the conduct, acts or omissions of Lessee, the tenn "Lessee" shall include Lessee's agents, employees, contractors, invitees, successors or others using the Leased Premises with Lessee's expressed or implied permission. 13.4 Notices All notices require or permitted under this OTCA shall be in writing and shall be personally delivered or sent by certified mail, return receipt requested, postage prepaid, or sent for overnight delivery by a nationally recognized courier such as Federal Express. c: JA~- ::"~<i.J.-ulellOpI_It, .~:1~,~' t Cl'fl''.JS ;'hr1Sn ,'" 01) t_. :II .......- --,- Notices to Lessee shall be delivered to the address specified in Section 1.1 above. Notices to Lessor shall be delivered to the address specified in Section 1.1 above. All notices shall be effective upon delivery or delivery refused. Either party may change its notice address upon written notice to the other party. 13.5 Waivers. Except as otherwise provided under the tenns of this GTCA all waivers must be III wnting and signed by the waiving party. Lessor's failure to enforce any provision of this GTe A or Its acceptance of Rent shall not be a waiver and shall not prevent Lessor from enforcing that provision or any other provision of this GTCA in the future. No statement on a payment check from Lessee or in a letter accompanying a payment check shall be binding on Lessor. Lessor may, with or without notice to Lessee, negotiate such check without being bound to the conditions of such statement. 13.6 Recordation of Memorandum of Lease. Lessor and Lessee each hereby agree to execute a Memorandum of Lease in the fonn attached hereto as Exhibit D (the "Memorandum of Lease") upon the execution of any Supplemental Lease pursuant to the terms hereof which Memorandum of Lease shall, at Lessee's option, be recorded in the Office of the Recorder of Nueces County, Texas on or at any time following the Commencement Date. Any transfer taxes or conveyance fees payable upon recordation of the Memorandum of Lease will be payable by the Lessor. 13.7 Binding Effect; Choice of Law. This GTCA binds any party who legally acquires any rights or interest in this GTCA from Lessor or Lessee. However, Lessor shall have no obligation to Lessee's successor unless the rights or interests of Lessee's successor are acquired in accordance with the terms of this GTCA. The laws of the state in which the Leased Premises is located shall govern this GTCA. 13.8 Corporate Authority; Partnership Authority. Each person signing this GTCA on behalf of Lessee represents and warrants that he has full authority to do so and that this GTCA binds the corporation. If reqtWSted by Lessor, within thirty (30) days after this GTCA is signed, Lessee shall deliver to Lessor a certified copy of a resolution of Lessee's Board of Directors authorizing the execution of this GTCA or other evidence of such authority reasonably acceptable to Lessor. 13.9 Joint and Several Liability. All parties signing this GTCA as Lessee shall be jointly and severally liable for all obligations of Lessee. 13.10 Execution of Lease. This GTCA may be executed in counterparts and, when all counterpart documents are executed, the counterparts shall constitute a single binding instrument. Lessor's delivery of this GTCA to Lessee shall not be deemed to be an offer to lease and shall not be binding upon either party until executed and delivered by both parties. 13.11 Survival. All representations and warranties of Lessor and Lessee shall survive the termination of this GTCA. 13.12 GTCA Termination. This GTCA shall tenninate on the Expiration Date. OEAN s.:.meuOption. ~-Cl().nfCorpUiChn~ 7-;>0 Oo'i.Dc) 32 ........-- 13.13 Controlling Document. In the event that there is a conflict in the terms, conditions, rights, or obligations, including but not limited to Lessor's right to receive income, in any documents entered into by and between Lessor and Lessee, the terms, conditions, rights, and obligations of this GTCA shall control. 13.14 Counterparts. If this GTe A is executed in any number of counterparts in the manner contemplated under Section 13.10, above, all such counterparts, taken together, shall constitute one and the same instrument. 13.15 Ownership of Improvements During Term. During the Lease Term, title to any and all Improvements, including, without limitation, buildings, parking areas,drives, walkways, landscape improvements and infrastructure improvements such as roadways, utilities, mains and lines, curbs and drainage facilities, which are constructed, installed or erected on the Leased Premises by Lessee during the Lease Term shall vest in Lessee (unless any such improvements are dedicated to the local municipality or applicable utility service provider) or attached and/or affixed to any building by Lessee, shall remain with Lessee during the Lease Term or until the Expiration Date or earlier termination or cancellation of this GTCA and shall thereupon automatically vest in Lessor as provided in Section 13.17, below. Notwithstanding the foregoing, title to any and all FF&E (as defined in Section 13.17, below) belonging to the Lessee or any sublessee, shall keep and retain their character as personal property, shall not be deemed to be a part of the Leasehold Estate, and shall be and remain the property of the Lessee or its sublessee, as applicable, during the Lease Term and thereafter, following the Expiration Date. 13.16 Expiration of Term. Upon the Expiration Date: (a) all Improvements constituting part of the Leased Premises (including any buildings) shall become Lessor's property and shall be vacated in broom-clean condition; (b).Lessee shall deliver to Lessor possession of the Leased Premises; (c) Lessee shall surrender any right, title, or interest in and to the Leased Premises; (d) Lessee shall deliver the Leased Premises free and clear of all: (i) subleases, and (ii) liens except liens created as a result of Lessor's or any of its agents' acts or omissions; ( e) Lessee shall assign to Lessor, without recourse, and give Lessor copies or originals of, any then current subleases that Lessor has elected to assume from Lessee, and all assignable licenses, permits, contracts, warranties, and guarantees then in effect for the Leased Premises, if any; (f) the parties shall cooperate to achieve an orderly transition of operations from Lessee to Lessor without interruption, including delivery of such books and records (or copies thereof) as Lessor shall reasonably require; (g) the parties shall terminate the Memorandum of Lease. Notwithstanding anything to the contrary set for herein, Lessee may remove from the Leased Premises any FF&E (as defined herein) that Lessee or any sublessee acquired or utilized in connection with the use and operation of the Leased Premises, but Lessee or its sublessee must do so, if at all, before or within thirty (30) days after the Expiration Date. During such 30-day period: (a) Lessee may enter the Leased Premises for such purposes, without being deemed a holdover; (b) Lessor shall have no obligation to preserve or protect such FF&E; and (c) in entering the Leased Premises, Lessee shall comply with Lessor's reasonable instructions. During said thirty (30) day period Lessee shall keep in force all insurance coverages as required under the terms of this GTCA. with Lessor being named as an additional insured. Lessee shall also ':u,,,,-I'- <:<landIOph'm ,~netll~ 'C:Of"pU5jl'nli!l -", 1"J;o:,~, 33 indemnify, hold and save harmless Lessor from any and aU claims, losses and damages of whatsoever nature that might occur or be claimed as a result of Lessee's actions during said thirty (30) day period. Lessee's FF&E not removed from the Leased Premises within thirty (30) days after the Expiration Date shall be deemed abandoned. For purposes of thiS GTCA. "FF&E" means all movable furniture, fixtures, equipment, and personal property of Lessee that may be removed from the Leased Premises without material damage thereto and without adversely affecting: (a) the structural integrity of the Leased Premises; (b) any electrical, plumbing, mechanical, or other system of the Leased PremIses; (c) the present or future operation of any such system; or (d) the present or future provision of any utility servIce to the Leased Premises. FF&E includes, but is not limited to, such items such as such as factory equipment, furniture, fixtures and equipment, telephone, telecommunications and facsimile transmission equipment, point of sale equipment, televisions, radios, and computer systems. 13.17 Right of First Refusal. In the event that at any time during the Lease Term or within ninety (90) days after the expiration thereof, Lessor should receive an offer for the purchase of the Leased Premises, and if such offer to purchase is acceptable to Lessor ("Offer"), then Lessee shall have, and Lessor does hereby grant'to Lessee, the right of first refusal to purchase the Leased Premises at the same price and under the same terms and conditions as are contained in such Offer. Upon receipt of any such Offer to purchase the Leased Premises, Lessor shall deliver to Lessee a copy of any such Offer to Lessee, certified by the Lessor as being a complete, true and correct copy of such Offer. Lessee shall have a period of thirty (30) days from the date of the receipt of such Offer to elect whether or not it intends to accept or reject such Offer. If Lessee desires to purchase the Leased Premises from Lessor upon the same terms and conditions as set forth in such Offer, Lessee shall so notify Lessor in writing within thirty (30) days of the receipt of the Offer and shall accompany such notice with an earnest money deposit equivalent to any earnest money deposit that was made with the Offer. If Lessee fails to so notify Lessor of Lessee's acceptance of such Offer and exercise of the right of first refusal within such thirty (30) day period, such failure to so notify Lessor shall be deemed a rejection of such Offer Rejection of such Offer shall not terminate this right of first refusal as to any other or subsequent sales of the Leased Premises by Lessor, or Lessor's successors or assigns. If Lessee fails to exercise its right of first refusal with respect to any such Offer, the Lessor will remain obligated to give Lessee an additional opportunity, within the time period provided herein, to purchase the Leased Premises if the party that originally submitted that Offer proposes any material change in that Offer that is less favorable to the Lessor, and the Lessor is otherwise willing to accept any such lesser Offer. In the event of the exercise by Lessee of this right of first refusal, Lessor and Lessee shall consummate the sale and purchase of the Leased Premises in accordance with, and within the time limitations set forth in the terms and conditions of such Offer as originally submitted to Lessor and as certified to Lessee. In the event that such Offer should include as a part of the consideration to be paid for the Leased Premises any particular or unique property, or the exchange of any other property, Lessee shall not be required to deliver to Lessor such property, but shall satisfy such obligations by the payment to Lessor of cash in an amount equivalent in value of such other property. Any sale between the Lessor and Lessee pursuant to this provision shall be on the same terms and conditions as were contained in the Offer. n~AN ScaMd1~ioo Aarttmen''-'ity o(Corpus (:msti ',20 J6 [l1:.~' 34 13.18 Estoppel Certificates. Upon the written request by a party to this GTCA, the other party shall within fifteen (15) days, furnish an estoppel certificate containing information customarily contained in such certificates or as may be reasonably requested, including, but not limited to, the commencement and expiration dates of the Lease, the status of the payment of rent, and the existence of any then current defaults. 13.19 Brokers. Each party represents and warrants to the other that it has dealt with no broker, finder or other person with respect to this OTCA contemplated hereby. Lessor and Lessee each agree to mdemnify and hold harmless one another against any loss, liability, damage, cost, expense or claim incurred by reason of any brokerage commission alleged to be payable because of any act omission or statement of the indemnifying party. Such indemnity obligation shall be deemed to include the payment of reasonable attorneys' fees and court cost~ incurred in defending any such claim. 13.20 Effective Date. Notwithstanding the definition of the term "Effective Date" in the introductory paragraph of this OTCA, the term "Effective Date" will mean and refer to the date upon which this OTCA was last executed by the Lessor or Lessee, as evidenced by the date ascribed next to each party's signature, below. 13.21 ReferenceslDefmitions. All references herein to "GTCA" shall mean this General Terms and ConditioIL" Agreement, and where appropriate and/or applicable, any Supplemental Lease entered into by and between Lessor and Lessee. 13.22 Conditions Operative. This GTCA shall become operative only upon the execution of any Supplemental Lease (as previously described herein) by and between Lessor and Lessee. In connection therewith, upon execution of any Supplemental Lease, this OTCA and any such Supplemental Lease shall be considered and deemed to be merged into one lease agreement. [SIGNATURES ON NEXT PAGEl CIF-AN Scannell Option A&reemen\.{'IH-,;fCorpu.~ Cltr15l:i ~-")>l.Yc Df I( 35 SIGNATURE PAGE IN WITNESS WHEREOF, the parties have executed this GTCA as ofthe date first above written. Lessor: City of Corous Christi a(n) By________ __ George K. Noe City Manager Date: Lessee: Scan"-. Development Company By Name: Title: Date: CLEAN SaaoeIIOpial ~.('it)' nfCorpus Cbnst: -; Z{; ,;,<,IX:o: 36 -""l!W"'" .-.'--':- EXHIBIT A LEASED PREMISES Cl.EA.l..l Scannell 0Jd0n Agroemcnl-Cit\. "r! :orpus Chri!tl 1-2(. (It; [l(l( 37 Date: Lessor: Lessor's Address: Lessee: Lessee's Address: Leased Premises: Lease Term: Reimbursement: Commencement Date: Termination Date EXHIBIT B SHORT TERM SUPPLEMENTAL LEASE [to General Terms and Conditions Agreement] ,200_ City of Corpus Chnsti, a political subdivision of the State of Texas c/o Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406 Scannell Development Company, an Indiana corporation 800 East 96th Street, Suite 175 Indianapolis, Indiana 46240 Description of Leased Premises is contained on Exhibit "A" attached hereto, made a part hereof and incorporated by reference herein. One (1) year which shall be superceded by a Long Term Supplemental Lease executed between Lessor and Lessee for the Leased Premises described above, If Lessor fails to execute a Long Term Supplemental Lease for the Leased Premises as described above, Lessor agrees to reimburse Lessee for Lessee's expenses incurred during the ninety (90) day period from Commencement Date of this Supplemental Lease to develop-tbe Leased Premises up to a maximwn reimbursable amount of $25,000.00. ,20__ .20 Base Rent (monthly): As stipulated in the GTCA. Permitted Use: As stipulated in the GTCA. This Supplemental Lease is operative under, subject to and performable pursuant to the terms, covenants and conditions of that one certain GTCA dated , 20_, executed by and between Lessor and Lessee, reference to which is here made for all pertinent purposes. Lessee acknowledges that a true and correct copy of the GTCA has been given to Lessee by Lessor, and that this signed instrument shall be deemed conclusive evidence of Lessee's receipt thereof. All terms, covenants and cot.ditions contained in said GTCA are incorporated in their entirety herein as if same were set forth verbatim herein. In connection therewith, it is understood and agreed by Lessor and Lessee that all terms, covenants and conditions contained in said GTCA shall be the governing terms, covenants and conditions of this Supplemental Lease Cli:A..... 'lcanndl~ ~..{'ity~)fCocpusChnst17 Kfl"J[)()l 38 This Supplemental Lease is executed pursuant to the terms, covenants and conditions of the above described OTCA and is intended to supplement the OTCA pursuant to the terms hereof. Upon execution hereof, the GTCA and this Supplemental Lease shall be considered and deemed to be merged mto one lease agreement. In the event of any inconsistency or conflict between the terms, covenants and conditions of the GTCA and this Supplemental Lease, those of the GTCA shall prevail and control. Lessor: City of Corpus Christi, a political subdivision of the State of Texas By: ________ Date: George K. Noe City Manager Lessee : Scannell Development Company, an Indiana Corporation By: ._...._______ _______.. Date: Name: -_.~- -.------- "-.-.'.'.-------..- --.- Title: ClEAN x:an.nell OpIion~..j 'rt-.' ,,/ Corpus Christi '-20 (It'- I)(i( 39 ClFAN Samcll 0IIi0u ~~ity of Corpus Chn!lti 7 .?Q ()(i [XX ................."- EXHIBIT A LEASED PREMISES 40 EXHIBIT B LONG TERM SUPPLEMENTAL LEASE [to General Terms and Conditions Agreement] Date: . ,200 Lessor: City of Corpus ChristL a political subdivision of the State of Texas Lessor's Address: c/o Corpus Chnsti International Airport ] 000 International Drive Corpus Christi, Texas 78406 Lessee: Scannell Development Company, an Indiana corporation Lessee's Address: 800 East 96th Street, Suite 175 Indianapolis, Indiana 46240 Leased Premises: Description of Leased Premises is contained on Exhibit "A" attached hereto, made a part hereof and incorporated by reference herein. Lease Term: Forty (40) years and zero (0) months which may be extended pursuant to Section 23 of the General Terms and Condition Agreement (GTCA). Commencement Date: .20 Termination Date ,20___ Base Rent (monthly): As stipulated in the GTCA. Permitted Use: As stipulated in the GTCA. This Supplemental Lease is operative under, subject to and performable pursuant to the terms, covenants and conditions of that one certain GTCA dated , 20_, executed by and between Lessor and Lessee, reference to which is here made for all pertinent purposes. Lessee acknowledges that a true and correct copy of the GTCA has been given to Lessee by Lessor, and that this signed instrument shall be deemed conclusive evidence of Lessee's receipt thereof. All tenns, covenants and conditions contained in said GTCA are incorporated in their entirety herein as if same were set forth verbatim herein. In connection therewith, it is understood and agreed by Lessor and Lessee that all terms, covenants and conditions contained in said GTCA shall be the governing terms, covenants and conditions of this Supplemental Lease This Supplemental Lease is executed pursuant to the terms, covenants and conditions of the above described GTCA and is intended to supplement the GTCA pursuant to the terms hereof. Upon execution hereof, the GTCA and this Supplemental Lease shall be considered and deemed to be merged QEAJo; Scannell Option ~t..( -lly of Corpus Cbnst1.20 (,r;.[)(." 41 into one lease agreement. In the event of any inconsistency or conflict between the terms, covenants and conditions of the GTCA and this Supplemental Lease, those of the GTCA shall prevail and control. Lessor City of Corpus Christi, a political subdivision of the State of Texas By: Date: George K. Noe City Manager Lessee Scannell Development Company, an Indiana Corporation By: Date: Name: Title: ClEAN ScannellOjtion ~.{'rty,"fCorp-tuCbn_<;ti ,.Jl[I6D(.M 42 CLEAN ~II 0pII0a A&:Nement-city of ('--<<pus Christi 7 -20 % .l)()(' EXHIBIT A LEASED PREMISES 43 CUA,'i Sannd.1~ Agn:cmenl-Cit) ofCorpu.s Cbrist:i :-1I)06IX)( 4IlIIJ"- ..~ EXHIBIT C PLANS AND SPECIFICA TONS 44 EXHIBIT D MEMORANDUM OF LEASE ClF--AN "'-annell ()ptkm ~l..CiT'," ('orpu5 Cbn;ti ~.' , '" D()( 45 35 ............--- CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 25. 2006 AGENDA ITEM: Ordinance amending Chapter 14 "Development Services" to include Article XII "Industrialized Housing" to provide for regulation of the construction and installation of industrialized housing and buildings within the city. ISSUE: Whether the installation of industrialized housing and buildings should be regulated, as authorized by state law, to provide consistency with the nearby properties. REQUIRED COUNCIL ACTION: Adoption of proposed ordinance adopting regulations for construction, and installation of industrialized housing. PREVIOUS COUNCIL ACTIONS: There are no prior Council actions related to industrialized housing. FUNDING: N/A. AEOOMMENDA liON AND CONCLUSION: staff recommends Council amend Chapter 14....Development Services" to include Article XII "Industrialized Housing" to provide for regulation of the construction and installation of industrialized housing and buildings within the city. 1itu4 AI ~_._l_ ~ichae Gunning, AICp~r"~"""J Acting Director of Development Services BACKGROUND INFORMATION Chapter 1202 of the Texas Occupations Code authorizes a municipality to regulate the on-site construction or installation of industrialized housing and buildings. Industrialized housing, or modular housing, is distinct from manufactured housing. in that it is built to the International Building Codes. Manufactured housing is built to the HUD Code. Industrialized housing is built at a location other than the permanent site and is then assembled at the permanent site and installed on a permanent foundation. By definition, industrialized housing does not exceed three stories or 49 feet in height. Industrialized housing is not a ready-built home constructed so that the entire living area is contained in a single unit or section for selling and moving to another location. Section 14.1202, Texas Occupations Code, allows the municipal building official to inspect industrialized housing for compliance with mandatory building codes, require that all applicable local permits and licenses are obtained prior to construction on the building site, require that all components bear approval of the Texas Department of Licensing and Regulation, and inspect the erection and construction within the city to ensure compliance with mandatory building codes and to ensure that the foundation and on-site construction complies with approved plans. designs, and specifications Section 14.1203, Texas Occupations Code, allows a city to require that single-family or duplex industrialized housing (also referred to as modular housing) meet the following standards: (1 ) have eq ual or greater value than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the industrialized housing will be located. (2) have an exterior appearance (exterior siding, roofing, roof pitch. foundation fascia, and fenestration) compatible with the single-family residences within 500 feet of the lot. (3) comply with municipal building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage ,'"and other site requirements applicable to single- family residences (4) be securely fixed to a permanent foundation. The proposed ordinance incorporates these regulations and requires that the regulations be applied reasonably and uniformly without distinctions as to whether the housing or buildings are manufactured or are constructed on-site The regulations on comparable value and uniformity of appearance will not apply within an industrialized home subdivision. Slaff met with local representatives of the industrialized housing industry on June 30, 2006, to discuss the proposed ordinance. The ordinance was modified to address their concerns. A revised draft ordinance was sent to the industry representatives for review. Staff received no further comments ~-- AN ORDINANCE AMENDING CHAPTER 14 "DEVELOPMENT SERVICES" TO INCLUDE ARTICLE XII "INDUSTRIALIZED HOUSING" TO PROVIDE FOR REGULATION OF THE CONSTRUCTION AND INSTALLATION OF INDUSTRIALIZED HOUSING AND BUILDINGS WITHIN THE CITY; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 1202 of the Texas Occupations Code authorizes a municipality to regulate the on-site construction or installation of industrialized housing and bUildings; WHEREAS, the City Council has determined that these regulations would best serVe public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Article XII "Industrialized Housing," of Chapter 14 "Development Services" of the Code of Ordinances, is adopted to read as follows: Article XII. Industrialized HousinQ. Sec. 14.1200. Definition. (a) Industrialized housina is a residential structure that is: (1) desiQned for the occupancy of one or more families: (2) constructed in one or more modules or constructed usina one or more modular comoonents built at a location other than the permanent site: and (3) desianed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system. (b) Industrialized housino includes the structure's olumbina. heatina. air conditionina. and electrical systems. (cl Industrialized housinQ does not include: (1) a residential structure that exceeds three stories or 49 feet in height as measured from the finished orade elevation at the buildina entrance to the peak of the roof: (2) housinQ constructed of a sectional or oanelized system that does not use a modular component: or H LegDif'gws!DevServOrdin Hlces.lndlNnalizedHousing (3) a ready-built home constructed in a manner in which the entire Iivina area is contained in a sinale unit or section at a temoorary location for the puroose of sellioa and movina the home to another location. Sec. 14.1202. Reaulation of construction or installation of Industrialized housina and buildinas. (a) I n relation to the on-site construction or installation of industrialized housina and buildinas. the buildina official shall: (1) reauire and review. for comoliance with mandatory buildina codes. a complete set of desions. olans. and soeciflCations bearina the Texas Industrialized Buildina Code Council's stamo of approval for each installation of industrialized housina or buildinas in the citv: (2) reauire that all applicable local permits and licenses be obtained before construction baains on a buildina site: (3) reauire. in accordance with the Texas Commission of Licensina and Reaulation rules. that all modules or modular comoonents bear an aoproved decal or insiania indicatina inspection by the Texas Department of Licensina and Reaulation: and (4) establish procedures for the inspection of: (A) the erection and installation of industrialized housina or buildinas to be located in the municipalitv. to ensure comolic:lOce with mandatory buildina codes and commission rules: and' (B) all foundation and other on-site construction. to ensure comoliance with aooroved desians. olans. and specifications. (b) Procedures described by Subsection (a)(4) shall reauire: (1) before occuoancy. a final insoection or test in accordance with mandatory buildina codes: and (2) correction of any deficiency identified by the test or discovered in the final insoection. H: LegDir/gws/DevServ/Ordl nances/lndustn all zedHousing ~"-_.,- (3) comoly with municioal buildina setbacks. side and rear yard offsets. subdivision control. architecturallandscaoinQ. square footaae. and other site requirements aoolicable to sinale-family dwellinas: and (4) be securely fixed to a oermanent foundation. (d) For ourooses of Subsection lcl. "value" means the taxable value of the industrialized housina and the lot after installation of the housina. (el The erection. installation. or use of industrialized housing or buildinas must be reasonablv and uniformlv aoplied and enforced without distinctions as to whether the housina or buildinQs are manufactured or are constructed on-site. (f) The provisions of subsection (c) (1 land (2) of the section shall not applv in modular or industrialized home subdivisions. 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. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 5. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 6. This ordinance shall take effect upon and after its publication. H: LegDiri gws/DevS erv IOrdin ancesll ndu strial ized Housing That the foregoing ordinance was read for the first time and passed to its second reading on this the day of July, 2006, 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 , 2006 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 ATTEST: day of ,2006. Henry Garrett Mayor Armando Chapa City Secretary APPROVED: July 19,2006. t~) ary . Smith Assistant City Attorney for City Attorney H: Leg Dirf gwslDevServ/Ordl nances/lndustTi ali zedHousing ~"......~'~ 36 AGENDA MEMORANDUM DATE: July 25, 2006 SUBJECT: Packery Channel Area Parking Lots - Truck Parking A<;ENDA ITEM: Ordinance Amending the Code of Ordinances, City of Corpus Christi, Chapter 53 (Traffic) by Adding Section 53-177, (Certain Vehicles Prohibited from Entering and Parking in Certain Packery Channel Area Parking Lots); Renumbering Sections 53-259 through 53- 266 (Under Article IX, Vision And Passage Obstructions) as Sections 53-260 through 53- 267: Amending Article VIII (Schedules) by Adding a New Section 53-259 (PackeryChannel Parking Lots Restrictions); Providing for Penalties; Providing for Severance; and Providing for Pub~ication. IS,UE: Large semi-trucks have been parking in public parking lots near Packery Channel. The weight of these trucks exceeds the design capacity of the parking lots and significantly reducing the number of parking spaces available to the public. An ordinance is necessary to prohibit and enforce the parking of large commercial vehicles in these lots. EVNOING: No expenditure of City funds will occur as a result of this action. BlCOMMENDATION: Staff recommends approval of the Ordinance as presented. / ~itional Support Material: EJIlibit "A" Ordinance Exhibit "B" Location Map H \HOME\KEjlNS ,(;EN\PACKER ,(\;.-' arl.\I!.ylol" ,~arklnqOrdM-:"m!)j(\c ~' ..,- Page 1 of 3 ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 53 (TRAFFIC) BY ADDING SECTION 53- 177, (CERTAIN VEHICLES PROHIBITED FROM ENTERING AND PARKING IN CERTAIN PACKERY CHANNEL AREA PARKING LOTS); RENUMBERING SECTIONS 53-259 THROUGH 53-266 (UNDER ARTICLE IX, VISION AND PASSAGE OBSTRUCTIONS) AS SECTIONS 53-260 THROUGH 53-267; AMENDING ARTICLE VIII (SCHEDULES) BY ADDING A NEW SECTION 53-259 (PACKERY CHANNEL PARKING LOTS RESTRICTIONS); PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BElT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 53 of the Code of Ordinances is amended by adding section 53-177 to read as follows: "Se. 53-177. Certain vebicles prohibited from enterina and parkina in certain Packerv Channel area parkina lots. No person shall enter. park. or operate any commercial vehicle. trailer. semitrailer. pole trailfr. house trailer. farm tractor. truck-tractor. road-tractor. tow truck. or any vehicle with a gr. .-eight in excess of two tons. at any time. in the Packerv Channel area parking lots de8l8ribed in Schedule X. as set forth in section 53-259, unless a parking permit issued for a soelial event or purpose shall have been obtained from the director of traffic enoineering. This section shall not applv to persons. ooerations. or vehicles permitted to enter. park. or qperate in a Packerv Channel area parking lot in the oerformance of their duties under the authority and provisions of this Code. . This section shall not apply to persons enterina. parkina. or operatina the followina types of "otar vehicle. includinq but not limited to: authorized emeroency vehicles. lioht trucks. pa.naer cars. towable recreational vehicles. travel trailers that are driven for personal use, ca.na trailers. truck campers, recreational vehicles that are driven for personal use. and paSleOQer vehicles towino a personal boat. watercraft. water skis, surfboards, or similar recreational devices As used in this section. the words "trailer." "semitrailer." "pole trailer," "house trailer," "farm tractor." "towable recreational vehicle," "authorized emergency vehicle." "Iiaht truck," "pa.enaer car." "motor vehicle," "recreational vehicle." "truck-tractor," "road-tractor." and "tow truck." shall be interpreted as defined by Sections 541.201, 552.004. and 642.001 of the Texas Transportation Code. As used in this section. the words "commercial vehicle" shall be interoreted to mean any mot. vehicle (other than a motorcycle) desianed and constructed for the transportation, delivery, or pick up of he~,- bulky,_ol~tb~! commercial product or materials, whether or not the H:\lEG-OIRIVeronieaOlENGINEERINGlTRAFFICIORD see 53-177see53-259 revised on 072006.doc Page 2 of 3 v ide has the name of the firm vehicfe, · SECTION 2. Article IX (Vision and Passage Obstructions) of Chapter 53 of the Code of Ordinances is amended by renumbering sections 53-259 (Definitions) through section 53- 266 (Penalty) as sections 53-260 (Definitions) through section 53-267 (Penalty), SECTION 3. Article VIII (Schedules) of Chapter 53 (Traffic) of the Code of Ordinances is amended by adding section 53-259 to read as follows: "Sec. 53-259. Schedule X -- Certain vehicles prohibited from parking in certain Packerv Channel area parking lots. ccordance with section 53-177and sub'ect to the definitions exce tions and limitations in section and when si ns are erected ivin notice thereof no rson shall enter ark or o ra an commercial vehicle trailer semitrailer ole trailer house trailer farm tractor truck- tr or road-tractor tow truck or an vehicle with a ross wei ht in excess of two tons at an time. in the followino Packerv Channel area parkinq lots: 1 Packe Channel South Parkin Lot located at Windward Drive and St. Au ustine Drive. beinq part of Padre Island Section A. Lots 13. 14. and 15. Block 45, (2) Packerv Channel North Shore Parkina Lot. located at 14613 Zahn Road (temporary address). beinq part of a 684.480 portion of State Tracts Numbers 51. 60. 61 Laouna Madre, 907S. 908S. 915 S. 916S Gulf of Mexico: and Tracts Numbers 1.4. and 5, GLO School File No. 153534. Nueces County. Texas, * * * * SECTION 4. A violation of this ordinance is punishable under section 1-6 of the 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 hereof 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. H:IlEG.OIR\VeronicaOIENGINEERINGlTRAFFlC\ORDsec 53.177sec 53-259, reVised on 072006 doc Page 3 of 3 Thet the foregoing ordinance was read for the first time and passed to its second reading on this the __ _ _ day of ___________, 2006, by the following vote: Henry Garrett Brent Chesney Melody Cooper Jefry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott Thet the foregoing ordinance was read for the second time and passed finally on this the __ day of ____________, 2006 by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bilt Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott PASSED AND APPROVED this the day of ,2006. ATIEST. Al1nando Chapa City Secretary Henry Garrett Mayor, City of Corpus Christi A,,!'fNED ~9 July 20.0~ '\J~Mv.--Q( Veronica bcaiias Assistant City Attorney for City Attorney HILEG-DIR\VeronicaOIENGINEERINGITRAFFICIORD.sec 53-177sec 53-259 revised on 072006.doc ~, ...,. \ MproJect \councilexhibits \ exhJ29J. dwg ,~RU BA I ___J ~ lJRIVE // / / --.- BEACH VICINITY MAP CITY PRfJJECT # 3293 _ '" SOCE EXHIBIT "B" PACKERY CHANNEL SOUTH PARKING LOT IMPROVEMENTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISn, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATL 07 19 2006 ~ -- - - - - . 37 ~,...--,- CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 7/18/2006 AGENDA ITEM: AMENDING THE CODE OF ORDINANCES BY REVISING SECTION 39-300 POLICY; REVISING SECTION 39-303, STANDARD CLASSIFICATIONS, PAY PLANS, PAY GRADES, AND RANGES, AS AMENDED; REVISING SECTION 39-308 TEMPORARY EMPLOYEES; REVISING SECTION 39-312 RETIREES PARTICIPATION IN THE CITY'S GROUP HEALTH INSURANCE PROGRAM AT GROUP RATES; REVISING SECTION 39-318 DISCRETIONARY PAYMENT FOR INVOLUNTARY TERMINATION; REVISING SECTION 39-324 HOLIDAYS; REVISING SECTION 39-333 PLAN I PERSONAL LEAVE; REVISING SECTION 39-334 PLAN I BEREAVEMENT LEAVE; REVISING SECTION 39-337 PLAN I USE OF SICK LEAVE; REVISING SECTION 39-338 PLAN I USE OF PERSONAL LEAVE AND VACATION IN LIEU OF SICK LEAVE; REVISING SECTION 39-339 PLAN I PAYMENT OF SICK LEAVE UPON TERMINATION; REVISING SECTION 39-348 PLAN II PAYMENT OF VACATION LEAVE UPON TERMINATION; REVISING SECTION 39-349 PLAN II PERSONAL LEAVE FOR PLAN II EMPLOYEES; REVISING SECTION 39- 352 PLAN II USE OF SICK LEAVE; REVISING SECTION 39-353 PLAN II USE OF PERSONAL LEAVE AND VACATION IN LIEU OF SICK LEAVE; REVISING SECTION 39-355 PLAN II PAYMENT Of SICK LEAVE UPON TERMINATION; REVISING SECTION 39-360 LEAVES WITH PAY DEEMED BENEFICIAL TO CITY OPERATIONS; 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. Pro DOsed Revisions to Chapter 39 of the City Of Corpus Christi's Code of Ordinances to Reflect Proposed Pay Increases and Revisions to Lanauaae 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 Ranaes, to reflect pay increases, if any, and to include or exclude Council-Appointed positions, as directed by the City Council; ';> R~vise 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. BfEQUIRED COUNCIL ACTION: Requesting City Council approval of 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 2006-07 CpNCLUSION AND RECOMMENDATION: 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 2006-2007 o ~ n 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 )0- Replacing the City's aging, obsolete system; )0- Attracting and retaining qualified employees; )0- 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; )0- Providing solutions for citywide compensation issues such as, internal equity of jobs within designated pay grade levels; )0- Designing competitive pay plans 'y 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 I 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. Phase IV Implementation in FY 2005-2006 Effective August 8, 2005, (1) non-exempt employees in Pay Plan 100 Skill Based Pay System and Pay Plan 900 Non-Exempt (Overtime Eligible)lii Section 39-303 of the City's Code of Ordinances, were granted a 2.25% pay increase, and (2) pay structure range minimums and maximums in the pay plans described above, were adjusted by 2.25%, as well. VI. Phase V Implementation in FY 2006-2007 There is no adjustment to the pay plan ranges being made with this fiscal year budget, although the City continues to monitor its market position. VI. Other Issues with Pay and Benefits in FY 2006.2007 City insurance premiums for Public Safety and Citicare plans will remain constant for the plan year. City insurance premiums for the Fire plan will increase in August 2006. The City of Corpus Christi, like employers' nationwide, continue to battle rising medical and prescription drug costs. ~ ....... VIII. Proposed Revisions To Chapter 39 of the City of Corpus Christi's Code of Ordinances: a. Revision of Code of Ordinances, Section 39-300, Policy, to clarify language. b. Revision of Section 39-303, Standard Classification. pay Grades. and Ranaes, to correct phrasing of section language, add pay grades for Gas Department and Storm Water Skill Based Pay plans, correct the pay rate for sub-zone 3.4, add grade 410 and related pay range, revise sub-paragraph (k) regarding pay compression of work coordinators, and add the Work Coordinator Career Ladder pay ranges. c Revision of Section 39-308 Temporary Employees, to correct punctuation of the language. d Revision of Section 39-312, Retirees Participation in the City's Group Health Insurance Proaram at Group Rates, to correct the minimum years for retirement eligibility from ten (10) years to five (5) years e. Revision of Section 39-318, Discretionary Payment for Involuntary Termination, to correct language for grammar. f Revision of Section 39-324 Holidays, to include sub-paragraph (e) Employees on leave of absence without pay status on a scheduled workday immediately preceding or following a holiday shall not receive pay for the holiday, and (f) No sick leave the scheduled work day before, the day of, or the day after a City designated holiday will be granted to any person without a certification from a health care provider, that verifies the leave is or was necessary for medical reasons. This certification must be provided by the close of the pay period in which the holiday occurred. g. Revision of Section 39-333 Plan I Personal Leave, to correct language for grammar. h. Revision of Section 39-334 Plan I Bereavement Leave, to change language for consistency with other sections. l Revision of Section 39-337, Plan I Use of Sick Leave, to include that granting the use of paid sick leave is at the discretion of the department head or designee, and may be denied if the employee's leave is unauthorized or sick leave is abused. Revision to Section 39-338, Plan I Use of Personal Leave and Vacation in Lieu of Sick Leave, to add a provision regarding the leave being authorized. k. Revision of Section 39-339, Plan I Payment of Sick Leave Upon Termination, to correct the minimum years for retirement eligibility from ten (10) years to five (5) years. L Revision of Section 39-348, Plan II Payment of Vacation Leave Upon Termination, to correct the minimum years for retirement eligibility from ten (10) years to five (5) years. m. Revision of Section 39-349 Plan II Personal Leave, to correct language for grammar. n. Revision of Section 39-352, Plan II Use of Sick Leave, to include that granting the use of paid sick leave IS at the discretion of the department head or designee, and may be denied if the .......'..- employee's leave IS unauthorized or sick leave is abused. o. Revision of Section 39-353, Plan II Use of Personal Leave and Vacation in Lieu of Sick Leave, to add a provision regarding the leave being authorized. p. Revision of Section 39-355, Plan II Payment of Sick Leave Upon Termination, to correct the minimum years for retirement eligibility from ten (10) years to five (5) years. q. Revision of Section 39-360, Leaves with Pay Deemed Beneficial to City Operations, to reduce such leave from twelve (12) month to a maximum of nine (9) months. A limited Performance-Based/Merit Pay Program is proposed for FY 2006-2007 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), Pay Plan 900 Non-Exempt (Overtime Eligible), and Pay Plan 1000 Exempt Engineers/Engineering Services (Overtime Ineligible) effective March 5, 2007 IX. Status of Skill-Based Pay Development and Implementation in FY 2004-2005: A. Pilot Project for Skill-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. Effective June 28,2004, the Water Distribution Technician, Wastewater Collections technician and Water Supply Technician were rolled into the SBP program. 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. 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 2006-2007 Departments scheduled for SBP in FY 2006-2007 include: Park Maintenance, Streets and Solid Waste Services, ORDINANCE AMENDING THE CODE OF ORDINANCES BY REVISING SECTION 39-300 POLICY; REVISING SECTION 39-303, STANDARD CLASSIFICATIONS, PAY PLANS, PAY GRADES, AND RANGES, AS AMENDED; REVISING SECTION 39-308 TEMPORARY EMPLOYEES; REVISING SECTION 39-312 RETIREES PARTICIPATION IN THE CITY'S GROUP HEALTH INSURANCE PROGRAM AT GROUP RATES; REVISING SECTION 39-318 DISCRETIONARY PAYMENT FOR INVOLUNTARY TERMINATION; REVISING SECTION 39-324 HOLIDAYS; REVISING SECTION 39-333 PLAN I PERSONAL LEAVE; REVISING SECTION 39-334 PLAN I BEREAVEMENT LEAVE; REVISING SECTION 39-337 PLAN I USE OF SICK LEAVE; REVISING SECTION 39-338 PLAN I USE OF PERSONAL LEAVE AND VACATION IN LIEU OF SICK LEAVE; REVISING SECTION 39-339 PLAN I PAYMENT OF SICK LEAVE UPON TERMINATION; REVISING SECTION 39-348 PLAN II PAYMENT OF VACATION LEAVE UPON TERMINATION; REVISING SECTION 39-349 PLAN II PERSONAL LEAVE FOR PLAN II EMPLOYEES; REVISING SECTION 39- 352 PLAN II use OF SICK LEAVE; REVISING SECTION 39-353 PLAN II USE OF PERSONAL LEAVE AND VACATION IN LIEU OF SICK LEAVE; REVISING SECTION 39-355 PLAN II PAYMENT OF SICK LEAVE UPON TERMINATION; REVISING SECTION 39-360 LEAVES WITH PAY DEEMED BENEFICIAL TO CITY OPERATIONS; 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, Arti~ III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39-300, is amended to read as follows: ARTICLE III. EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM Sec. 39-300. Policy. In 2002, the city completed a comprehensive review of its employment system, which had not been thoroughly reviewed in decades. The existing system had developed substantial internal inequalities among classifications, and the pay and benefits structure was competitively inadequate in many areas. A consultant was hired to assist the city in developing a new system which would be internally consistent and would make the city competitive in the job market. The consultant, in consultation with a city staff committee, conducted market and comparative studies and developed a phase-in implementation plan. The city council adopted the first phase of the plan in its 2002 budget. It IS the policy of the city, consistent with sound budgetary management, to complete the phased plan and thereafter to continuously manage the comoensation and classification system to maintain internal equity and to attract and retain competent employees in the market The City Manager is directed to manage the personnel system to achieve these goals ORDINANCE - CHAPTER 39 ARTICLE III Page 1 of 14 SECTION 2. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 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 4(0); 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 fertt:l in this seGtioA: Pay Plan 1000 (Engineering related/Engineers), as set forth in this section. This section does not apply to police and fire employees covered by collective bargaining agreements. (b) 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 Pay System 2.25% Effective 8/8/2005 i',~-ilge 101, 1~~,f 1 1.0 $16,164 1 1.1 16,488- 1 1,2 16,817 1 1.3 17,490 1 1.4 18,189 -'-"~'----"-- 1 1,5 18,916 2 2.1 20,051 2 2.2 21,255 2 2.3 22,530 --- 2 2.4 23,882 2 2.5 25,314 2 2.6 26,833 2 2.7 28,444 3 3.1 30,719 -"-.-- 3 32 33,177 -...---..--- __0_"__. ____________._ $27,480 28,304 29,437 30,025 30,625 31,238 31,863 32,500 36,400 40,767 ORDINANCE - CHAPTER 39 ARTICLE III Page 2 of 14 I _. 3 3.3 I 35,831 45,660 i 3 3.4 I 38,32838.697 48,721 3 3.5 I 43,342 ! 3 3.6 ! 48,542 ! -..- i 3 *3.7 55,023 *Sub-zone 3.7 applies to grades 101 and 102 only. Work Coordinator Career Ladder Effective 9/1/2006 _..'.--..... : ;; '~:-. Entry 1 ~ --'....-t-----..----..--..--- 48.239 51.134 ~~I""" $48.238 50.652 53.691 57.986 66.684 --_...j.- -.---.-----.- -- f------ -----.- ~ i 55.225 -.... ---- -- .--- -+------------- 4: 63.508 - I --------.-______1__________ . (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 Elubp3ragraphs (1) ana (2) belew throughout the fiscal year as required, such as for minimum wage changes as required by federa/law. The pay grades and ranges for positions in Pay Plan 200 are as follows' Pay Plan 200, Tltfllporary/Part- Time Pay Structure Effective 7/26/2004 .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 1169 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% increase effective 7/26/2004 ORDINANCE - CHAPTER 39 ARTICLE III Page 3 of 14 .......... -,-, (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 five (5) per cent 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: Pay Plan 300 Police and Fire Managerial 3% Effective 7/26/2004 311 312 MlIm~rn $75,953 75,953 ."Mint $81,997 81,997 MalC:inltJrrl $88,041 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 712612004 s.~ Minimum '--r Mi,QpQjnt MaximlJfTl 410 $24.868 ~7. 707 $39.723 411 31,813 42,153 56,400 412 34,676 45,947 61,476 413 37,989 50,335 67,346 414 41,996 55,645 74,450 415 46,636 61 ,793 82,678 "- 416 52,257 69,239 92,639 ... 417 58,814 77,929 104,266 , 418 65,778 87,156 116,612 .-----.------- ___,'T 419 66,490 88,098 117,872 420 I ------t 98,489 131,775 74,332 . t- i 421 75,166 99,495 133,254 422 83,318 95,355 104,266 -.-----+... - 423 i 84.975 112.59 150,645 I i i ~___.L..,_,_..~.___.___ ""'_ .__._ - --_. --..-"......- --....-- ORDINANCE - CHAPTER 39 ARTICLE "' Page 4 of 14 ,...,... 424 95,355 I 108,382 I 117.872 430 City Manager............ .... .. ................. .. " .. . .... . .. . . . . . . . . . . . . .. . .. .. . .. .. .... .. ...... No Range - (f) Pay Plan 500. Pay Plan 500 will include positions focused on delivery of legal services, except those positions in Pay Plan 400 (Executives). The pay grades and ranges for positions in Pay Plan 500 are as follows: Pay Plan 500(a) Exempt (Overtime Ineligible Legal/Attorneys) 3% Effective 7/26/2004 Mif.Urt1tl n,;1 Midpoint 511 $29,071 $38,519 512 31,688 41 ,986 513 34,698 45,975 514 38,168 50,573 515 42,177 55,884 516 46,817 62,032 517 52,202 69,168 518 58,468 77,470 Maximum $51,537 56,175 61,513 67,664 74,770 82,997 92,544 103,652 Pay Plan 500(b) Nonexempt (Overtime Eligible Legal/Attorneys) 3% Effective 7126/2004 Gt.e Minimum - M~p$int _~tmwm - 111 $29,071 $38,519 $51,537 -..----.---- 1---- 112 i 31 ,688 41,986 56.175 '-------- -_.. 113 34,698 45,975 61,513 114 38,168 50,573 67,664 115 42,177 55,884 74,770 f-----. --- r-' 116 46,817 62,032 82,997 I---- . 117 52,202 69, 168 92,544 -- 118 58,468 77,470 103,652 ----.---.-.- -'--...'..--.---.-. ORDINANCE - CHAPTER 39 ARTICLE III Page 5 of 14 (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 Grai'ile Minimum Midpoint Maxfm'Um _._~ 611 $24,683 $32,705 $42,895 -- c--- 612 26,658 35,321 46,326 .---- 613 28,924 38,324 50,264 -- - 614 31,528 41,774 54,789 - 615 34,523 45,743 59,995 - -- t-- 616 37,976 50,318 65,995 -- -- --- 617 41 ,965 55,602 72,925 -- t--- 618 46,581 61 ,720 80,949 f----- . - -- 619 51,938 68,818 90,259 1----- - - -- 620 58,171 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: Pay Plan 700(a) Nonexempt (Overtime Eligible) Information Technology 3% Effective 7/26/2004 f -t-- Miaim1.lm : M.~lt "@,.~ $20,892 $31,338 $44,896 22,668 34,002 48,711 24,708 37 I 063 53,095 . .~- 27,056 40,584 58,138 ,-.'. 29,761 44,643 63,954 _."- 32,887 49,331 70,669 36,505 54,757 78,443 - 40.704 61,055 87,466 - 45,589 68,382 97,962 --'---'--"- -.-... 51.287 76,931 110,209 --.---..-- -- CJr~ 711 712 1= i + 717 718 '-~19---- ~------ L 720 ' .""---'--.'--..,. -...---_._ _L.____ ORDINANCE - CHAPTER 39 ARTICLE III Page 6 of 14 .... . ,.- Pay Plan 700(b) Exempt Information Technology (Overtime Ineligible) 3% Effective 7/26/2004 Grm:!e Min1ftlUm ~id,p~'lnt Maximum 811 $20,892 $31,338 $44.896 -- - 812 22,668 34,002 48,711 -- -- 1---- 813 24,708 37,063 53,095 -- - 814 27,056 40,584 58,138 ------ - 815 29,761 44,643 63.954 -- 816 32,887 49,331 70,669 - -- --- 817 36,505 54,757 78,443 f--' -- --- 818 40,704 61,055 87,466 -- _... 819 45,589 68,382 97,962 -- 820 51,287 76,931 110,209 (i) Pay Plan 900_ Pay Plan 900 will include all employees not classified in another pay plan in this section. Pay Plan 900 will include positions that are not designated as exempt under the FLSA. The City Manager will periodically review positions and take corrective action, as required, to assure they are properly classified under the FLSA. The pay grades and ranges for positions in Pay Plan 900 are as follows: Pay Plan 900 Non-Exempt (9vertime Eligible) 2.25% Effective 8/8/2005 912 913 914 Minih'lum Mldptfint Nlal<4ftWrn $16.165 $20,610 $26,919 17,458 22,259 27,885 18,942 24,150 30,255 20,646 26,324 32,979 22,607 28,824 36, 111 - 24,868 31,707 39,723 -~_.._,--- -- 27,479 35,036 43,893 30,052 38,890 48,721 -"- 34,009 43,362 54,322 38,091 48,566 60,842 42,853 54,637 68,446 ---,. .--- ..-.-.----.- --- .L--.__.__"__~ -~-'- t3tee 911 915 916 917 918 919 920 921 ORDINANCE - CHAPTER 39 ARTICLE "' Page 7 of 14 G) 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 ~~af,e Minimum Midpoint MaXtl1ll:lm 613 $38,750 $52,918 $67,085 615 42,624 58,349 74,073 -- -- 616 47,313 64,767 82,221 I---~ -- _. 617 52,518 71,892 91,265 f----. - -- ~-~ 618 58,820 80,519 102,218 _L-....-,__ (k) Pay Adjustment to Relieve Pay Compression. The City Manager, or designee, may grant a pay adjustment to address salary pay compression/equity issues when there is less that than a five (5) per cent differential between the base pay of a work coordinator in the Gas. Storm Water. Wastewater or Water Departments of a skill based pay workforce and the highest base pay of a skill based pay sub-zone 3.6. in tho E::lmo di'/ision. Upon implementation of a competency based career ladder. this provision will be thereupon suoerseded. SECTION 3. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39-308 is amended to read as follows: Sec. 39-308. Temporary employees. Temporary employees shall: (a) Be paid at an hourly rate approved by the City Manager consistent with the employeos emDlovees' classification; (b) Not be eligible for pay advancement or city benefits. SECTION 4. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39-312, is amended to read as follows: Sec. 39-312. Retirees participation in the city's group health insurance program at group rates. City employees will be eligible to participate as retirees in the city's group health insurance program at group rates when any of the following conditions exist: (1) when eligible for retirement under requirements of the Texas Municipal Retirement System (TMRS); or (2) due to _isability retirement. or (3) at age sixty (60) upon completion of a minimum of ten (10) five (5) years of continuous service with the city. An employee who terminates employment and does not meet these conditions will be eligible for group health insurance program coverage under ORDINANCE - CHAPTER 39 ARTICLE '" Page 8 of 14 ...........,,,.., the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), provided that the employee meets the eligibility and other COBRA requirements under this federal law. SECTION 5. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39-318, is amended to read as follows: Sec. 39-318. Discretionary payment for involuntary termination. (a) The City Manager may, at tRi& his discretion, authorize lump sum payments for involuntary termination, including requested resignations, in amounts not to exceed the equivalent of six (6) months' wages for the applicable employee. (b) Notice of termination mayor may not be given, at the City Manager's discretion (subject to any legal requirement for notice of termination). (c) The City Manager may make such payment of wages-in-lieu-of-notice, or at tRi& his discretion may include and impose conditions for receipt of wages-in-lieu-of-notice. SECTION 6. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39-324 is amended to read as follows: Sec. 39-324. Holidays. (a) The city has seven (7) official holidays for city employees eligible for benefits: New Year's Day January 1 Memorial Day Last Monday of May Independence Day July 4~ ---..--- Labor Day First Monday of September Thanksgiving Day 4th Thursday of November Day After Thanksgiving Day Friday After 4th Thursday of November Christmas Day December 25 (b) When a holiday listed above falls on a Sunday, the following business day shall be considered a holiday. When any holiday listed above falls on a Saturday, the preceding Friday shall be considered a holiday. In addition to the above, any day may be designated as a holiday by proclamation of the mayor, upon approval of the city council. (c) Ineligible part-time and temporary employees shall not be compensated for holidays, except for time actually worked. Compensation for temporary and ineligible part-time employee's holiday work will be one and one-half (1 1/2) times the straight time rate. (d) Holiday pay is defined as equivalent to eight (8) hours of work, except for airport public safety officers who work shifts of twenty-four (24) hours on and forty-eight (48) hours off. Holiday pay and holiday compensatory time for these airport public safety officers will be counted as twelve (12) hours per day with a shift equal to twenty-four (24) hours. Further ORDINANCE - CHAPTER 39 ARTICLE III Page 9 of 14 exceptions to a holiday defined as equivalent to eight (8) hours of work may be granted by the City Manager or designee for employees who are assigned to a work schedule that exceeds eight (8) hours per day. (e) Emoloyees on leave of absence without Day status on a scheduled workdav immediately orecedina or followina a holiday shall not receive pay for the holiday. (f) No sick leave the scheduled workday before, the day of. or the day after a City desianated holiday will be qranted to any Derson without a certification from a health care ~rovider. that verifies the leave is or was necessary for medical reasons. This certification must be orovided by the close of the Dav oeriod in which the holiday occurred. SECTION 7. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39-333, is amended to read as follows: Sec. 39-333. Plan I personal leave. (a) Effective August 1 of each year, an eligible Plan I employee, except for airport public safety officers who work shifts of twenty-four (24) hours on and forty-eight (48) hours off, shall receive forty (40) hours of personal leave to be used under guidelines promulgated by the City Manager, or designee. Personal leave hours must be requested and approved in advance like vacation accrual, but are non-cumulative. Personal leave must be taken within the fiscal year received. Personal leave, ff-.a.Ry, may be used within the first six (6) months of employment with the city (b) Effective August 1 of each year, an eligible airport public safety officer who works shifts of twenty-four (24) hours on and forty-eight (48) hours off will receive hours (60) hours of personal leave to be used under guidelines promulgated by the City Manager. Personal leave hours must be requested and approved in advance like vacation accrual, but are non-cumulative. Personal leave must be taken within the fiscal year reGaived. Personal leave, if-aRy, may be used within the first six (6) months of employment with the city. SECTION 8. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39-334, is amended to read as follows' 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 13\11& sisters-in-law, 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 9. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39-337, is amended to read as follows' ORDINANCE - CHAPTER 39 ARTICLE III Page 10 of 14 ........ Sec. 39-337. Plan I use of sick leave. Plan I employees can use accrued sick leave for the following purposes: (1) the serious medical condition of a qualifying immediate family member as defined in city policy; (2) FMLA for eligible employees who meet the eligibility requirements of the federal law; and (3) other medically related purposes that are not covered by FMLA leave. Grantina the use of paid sick leave is at the discretion of the deoartment head or desianee. and may be denied if the emplovee's leave is unauthorized or sick leave is abused. SECTION 10. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 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, and the leave is authorized. absence for sickness, injury, or disability shall be automatically charged against the employee's remaining personal leave allowance, iklRy, and the employee's accrued vacation leave, if-aRy, in that order. Such leave shall be used by the Plan I employee until exhausted or until the city's disability' income protection plan coverage begins Provisions of the Family and Medical Leave Act may also apply SECTION 11 Chapter 39, PERSONNEL, Article III. Employee Compensation .and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39-339 is amended to read as follows: Sec. 39-339. Plan I payment of sick leave upon termination. (a) A Plan I employee, with the exception of airport public safety officers who work shifts of twenty-four (24) hours on and forty-eight (48) hours off, who terminates due to any of the foltowing conditions, will be eligible for paYrll8f:lt of up to seven hundred twenty (720) hours of accumulated sick leave credit that can be cashed in for the equivalent of up to three hundred sixty (360) hours of pay at the rate of the employee's last monthly salary or hourly rate: (1) when eligible for retirement under requirements of the Texas Municipal Retirement System Act (TMRS); (2) due to disability or service retirement7-Gf-(3) at age sixty (60) upon completion of a minimum of ten (10) five (5) years of continuous service; or (4) upon death with payment made to the employee's designated beneficiary. (b) Plan I airport public safety officers, who work shifts of twenty-four (24) hours on and forty- eight (48) hours off, who terminate due to any of the following conditions, will be eligible for payment of up to one thousand eighty (1,080) hours of accumulated sick leave credit that can be cashed in for the equivalent of up to five hundred forty (540) hours of pay at the rate of the employee's last monthly salary or hourly rate: (1) when eligible for retirement under requirements of the Texas Municipal Retirement System Act (TMRS); (2) due to disability or service retirement; (3) at age sixty (60) upon completion of a minimum of ten (10) five (5) years of continuous service or (4) upon death with payment made to the employee's designated beneficiary . SECTION 12. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39-348 is amended to read as follows: ORDINANCE - CHAPTER 39 ARTICLE III Page 11 of 14 Sec. 39-348. Plan II payment of vacation leave upon termination. Plan II employees who have been employed by the city for a minimum of twelve (12) months, 'Hill receive up to two hundred forty (240) working hours of vacation paid to the employee upon tennination. except that all accrued vacation shall be paid to Plan II employees or their beneficiaries when any of the following provisions apply: (1) employee is eligible for retirement under requirements of the Texas Municipal Retirement System Act (TMRS); (2) employee takes a service or disability retirement in accordance with TMRS and/or Social Security regulations; (3) employee is age sixty (60) upon completion of a minimum of ten (10) five (5) years of continuous service; or (4) upon employee's death with payment made to the employee's designated beneficiary SECTION 13 Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas. Sections 39-349 is amended to read as follows Sec. 39-349. Plan II personal leave for Plan II empl9yees. Effe~ive August 1 of each year. each Plan" employee will receive forty (40) hours of personal leave to be used under guidelines promulgated by the City Manager, or designee. Personal leave hours must be requested and approved in advance like vacation accrual, but are non- cumulative. Personal leave must be taken within the fiscal year received. Personal leave, if-aRy. may be used within the first six (6) months of employment with the city. SECTION 14. Chapter 39, PERSONNEL. Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39-352 is amended to read as follows Sec. 39-352. Plan II use of sick leave. Plan II employees can use accrued sick leave for the following purposes: (1) the serious medical condition of a qualifying immediate family member as defined in city policy; (2) FMLA for eligible employees who meet the eligibility requirements of the federal law; and (3) other medically related purposes that are not covered by FMLA leave. Grantina the use of oaid sick aye is at the discretion of the de artment head or desi nee and ma be denied if the emplovee's leave is unauthorized or sick leave is abused. SECTION 15. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas. Sections 39-353 is amended to read as follows Sec. 39-353. Plan II use of personal leave and vacation in lieu of sick leave. When accrued sick leave is exhausted, and the leave is authorized. 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-.aJ:ly, in that order. Available leave shall be used by the Plan " employee until exhausted. Provisions of the Family and Medical Leave Act may apply. SECTION 16. Chapter 39, PERSONNEL, Article III, Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39-355 IS amended to read as follows ORDINANCE - CHAPTER 39 ARTICLE III Page 12 of 14 Sec. 39-355. Plan II payment of sick leave upon tennination. Plan II employees who terminate due to any of the following conditions will be paid up to seven hundred twenty (720) hours of accrued sick leave, if any, when any of the following provisions apply (1) employee is eligible for retirement under requirements of the Texas Municipal Retirement System Act (TMRS); (2) employee takes a service or disability retirement in accordance with TMRS and/or Social Security regulations; (3) employee is age sixty (60), or older, upon completion of a minimum of ten (10) five (5) years of continuous service; or (4) upon employee's death, with payment made to the employee's designated beneficiary. Payment of such earned and accrued sick leave, if any, shall be at the rate of the employee's last monthly salary or hourly rate for an equivalent period. SECTION 17 Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39-360 is amended to read as follows Sec. 39-360. Leaves with pay deemed beneficial to city operations. The City Manager may authorize special leaves of absence with pay for up to n':olve (12) nine 00 months for the following purposes: Attendance at a college, university, or business school for the purpose of training in subjects directly related to the employee's work that will benefit both the employee and the city's operational needs for that specific related training; serving on a jury; attending a court as a witness on city-related business; and for other purposes that shall be deemed beneficial to the city's miSSIon of providing quality public services. SECTION 18. 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 19. This Ordinance is effective upon final adoption by the City Council. All Pay Plans within this Ordinance shall become effective August 1, 2006. Adjustments to salary ranges of Pay Plan 100 within this Ordinance and concurrent pay increases for applicable employees will become effective September 1. 2006, as indicated on individual Pay Plans in Section 39-303 of the Code of Ordinances. ORDINANCE - CHAPTER 39 ARTICLE III Page 13 of 14 ~>,- That the foregoing ordinance was read for the first time and passed on this the 18th day of July, 2006 by the following vote- Henry Garrett Brent Chesney Jerry Garcia Jesse Noyola Bill Kelly Rex A Kinnison ~ ~/ Melody Cooper John Marez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 2006 by the following vote: Henry Garrett Brent Chesney Jerry Garcia Jesse Noyola Bill Kelly Rex A Kinnison Melody Cooper John Marez Mark Scott PASSED AND APPROVED, this the _ day of ATTEST - Armando Chapa City Secretary APPROVED AS TO FORM ,2006 ORDINANCE - CHAPTER 39 ARTICLE III ~--.~ Page 14 of 14 38 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: In support of the FY2006-07 Proposed Budget which includes fee increases and/or new proposed fees. July 18, 2006 a. First Reading 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. b. First Reading Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 21, garbage, trash and other refuse, regarding increases to resource recovery fees; providing for penalties; providing for severance; providing an effective date; and providing for publication. c. First Reading Ordinance revising sections 23-57(3){b), 19-33{b), 19-49{a), 19-54(b), and 19- 56, Code of Ordinances, by increasing Health Department fees relating to pool inspections, food establishment health permits, food manager permits, and food handler permits; restructuring fee provisions related to specific food establishment health permits; revising the training requirement and term of food handler permits; revising the term of food manager permits; providing for severance; providing for penalties; providing for publication; and providing an effective date. d. First Reading Ordinance revising section 3-42(b), Code of Ordinances, to increase fees for billboard signs; providing for severance; providing for penalties; providing for publication; and providing an effective date. e. First Reading Ordinance amending the Code -of Ordinances Chapter 3 % alarm systems, by repealing the existing chapter and adopting a new chapter 3 % alarm systems, providing for severance; providing for penalties; and providing for publication. f. First Reading Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 9, Aviation, by creating sections 9-65 through 9-67 providing for rental uses and rates; rental and user agreements; city owned equipment; providing an effective date; providing for severance; and providing for publication. g. First Reading Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 9, Aviation, by creating section 9-64 providing for a federal inspection fee of $2.50 per intemational flight passenger, assessed to the airline; providing an effective date; providing for severance; and providing for publication. h. First Reading Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2, administration, creating a Library colection fee of $10 to be assessed on any account of $25 or more that is unpaid for 60 days or more, and is referred for collection to a private vendor; providing an effective date; providing for severance; and providing for publication. i. 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 2006-07; providing for publication; providing for effective date; and providing for severance. ISBUE: TIle Proposed FY 2006-07 Budget indudes estimated revenues generated from increased fees/rates and new fees/rates necessary to fund specific projects and/or COYer existing operating costs. The proposed fee/rate increases have been presented dtMing the Budget process. BACKGROUND: T. proposed FY 2006-07 Operating Budget was submitted to Council on May 30, 2006. Subsequently, the Council has received four presentations covering various departments, funds and issues. RlQUIRED COUNCIL ACTION: ~roval of the ordinances described, increasing or establishing fees/rates induded in the FY 2006-07 Proposed Budget. RICOMMENDA TION: AfIIproval of Ordinance as presented. i~~ f~~ Eddie Houlihan Assistant Budget Director ~._-- CITY COUNCIL ADDITIONAL INFORMATION ADDITIONAL INFORMATION: The proposed gas rate adjustment 'includes a $.20 per MCF discount for Inside City Limit Residential Customers for usage levels between 11 MCF and 15MCF. This discount is intended to refund the $1 base charge per meter to the higher usage customers. ........ "'"'lI" (a) 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, 20Q5 to July 31, 2000 Residential 5/8" - 3/4" ~.-7W Commercial 5/8" - 3/4" B-:~ I Residential & ! Commercial ~---- I 1" ! 1-1/2" - I I 12" i 15.660 26. 309 40.931 Utility ratedoc7!18/200610-0743 AM AUQust 1. 2006 to July 31. 2007 $ 7.189 _LO.376 16.560 27.821 43.287 2 I Meter Size /\lJgust 1, AUQust 1. 1 (Inches) 2005 to 2006 to July 31, July 31, ~ 2007 ~_L__ $146.876 $155.321 ! i 14" 167.569 177.204 i -_._~,.,_. 6" 251.773 266.249 8" and larger 378.172 399.916 ... ,- Large Volume Any size 12,749.434 13.482.526 I --.'- "--~---"- -"-"'-- "2. Outside City Limits Meter Size /\uglJEt 1, Auaust 1. 2005 to 2006 to July 31, July 31. ~ 2007 Residential -'- 5/8" - 3/4" $14.435 $ 15.265 Commercial 5/8" - 3/4" 20.482 21.659 R86idential & Commercial , i . 1" 32. 135 33.982 ! ! i 11-1/2" 53. 460 56.523 I 2" 82.683 87.437 3" 294.560 311.506 '- ~...,- 3 !^UQust 1, Auaust 1. 2005 to 2006 to I July 31, Julv 31. I ~ 2007 $335.977 $355.295 501.405 533.408 .-.---. 757.195 800.733 ------ -.-.-- I Meter Size I i I 14" ~_.- i 6" 18" and larger Large Volume Any size I __.~_ 21.273.707 22.496.945 lib. Untreated Water Customers ----"---- /\ugust 1, Auaust 1. 2005 to 2006 to July 31, Julv 31. 2.()00 2007 Minimum $304.371 $321.872 monthly service charge, water ",,,- districts/ municipalities I with raw I water supply I contracts I executed after January 1.1997 I _. I 4 - --~---"-"'--"'-'- /\l;JgUGt .~ AUQust 1. 2005 to 2006 to July 31. I Julv 31. 200e I 2007 Minimum $185.3761 $196.035 monthly I service charge for Public Agency for Resale Untreated Water without a raw water supply contract executed after January 1 , 19971 Minimum 301.371 321.872 monthly service charge. industrial J<"~ Minimum 1 0 .139 10.721 monthly service charge, domestic Minimum 101.451 107.287 annual service charge, domestic ,,1 Minimum monthly charge for Public Agency for Resale Untreated Water customer wittlout a raw water supply contract executed after January 1, 1997: If the charge ba$ed on the volume of water taken in a monthly billing period is less than $185.376 i1f6.035. the customer shall be billed $185.376,$196.035 unless a valid water supply COfttract 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 ~.--_. 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 August 1; Auqust 1, l 2-005 2006 ! te to I I July 31, Julv 31. I 2QOO 2007 I First 2,000 Minimum* Minimum* Gallons Next $ 2.350 $2.485 13,000 Gallons Next ~ 3.507 15,000 Gallons ~.__._.- Next 4-:%9 4.292 20,000 Gallons Over ~ 5.208 50,000 Gallons "*Use the Minimum Charges in Subsection (a)(1). "2. Outside City Limits _.- August 1; AUQust 1 , 2005 2006 te to July 31, Julv 31 , 200e 2007 First 2,000 Miniml:Jm* Minimum~ Gallons "-.---- 6 Next $ ~.925 $ 5.2081 13,000 I Gallons -----+ i Next 1.925 5.2081 15,000 I I Gallons I i Next 1.925 _5.2081 20,000 I I i Gallons "--- ~ Over 1.925 50,000 I Gallons I n*Use the Minimum Charges in Subsection (a)(1). "b. Commercial Rate "1. Inside City Limits I .. l I August 1, AUQust 1 . I I ~ 2006 I I te to I I July 31, Julv 31 , I ~ 2007 I I Firat 2,000 Minimum* Minimum* Gallons Next $ 2.350 $ 2.4851 13,000 ! Gallons i I Next 2.091 2.21~ 85,000 i Gallons i I I Next 1.580 J.680 I 900,000 Gatlons I ; I Over 1.215 1.3161 1,000,000 I Gallons i i "* Use the Minimum Charges in Subsection (a)(1). ...."....""!e" 7 "2. Outside City Limits l\ugu&t 1 ; Auaust 1 , ~ 2006 to to July 31, July 31, 2000 2007 Fitst 2,000 Minimum* Minimum~ Gallons -- -- -- Next $ 5.126 $ 5.420 13,000 Gallons Next 4.603 4.867 85,000 Gallons Next 3.576 3.781 900,000 Gallons Over 1.951 2.063 1,000,000 Gallons ! "* Use the Minimum Charges in Subsection ~)( 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: /\ugust 1 , AUQust 1 . ~ 2006 te to July 31, July 31 , ;moo 2007 -- First 2,000 Minimum* Minimum* Gallons -- -~--_.- ........--',.,. 8 , --T ^",g~ AUQust 1 . 1 2006 I I I te to I i I i I July 31, Julv 31. I I ~ 2007 i I Next I ---..- I $ 2.270 $ 2.400 I I 13,000 I Gallons : i I 2.14i1 i Next -- -. ~ 85,000 I Gallons I ,.- Next ~ 1.614 900,000 Gallons Next 1.205 1.274 9,000,000 Gallons Over 0.781 0.829 10,000,000 Gallons "* Use the Minimum Charges in Subsection (a)(1). "e. Large Volume Customers _. "A commercial customer who agrees to pay for a minimum of 10,000,000 gallons of treated water per month is considered a large volume customer. Once a customer has elected to become a large volume customer, the customer will be billed as a large volume customer until the customer notifies the City and requests reclassification as a commercial customer in writing. However, a commercial customer may not elect to become a large volume customer more than once in any 12 month period. "1. Inside City Limits August 1, 2QQ5 te July 31, ~ AUQust 1 . 2006 to Julv 31, 2007 -"'--'-'-'.--.-- I ____..-1 ~"-- 9 I First .. .- Minimum* Minimum* 110,000,000 , Gallons i r--'-..-..-' I Each I Additional i 1,000 I Gallon L $ 0.825 $0.872 I I "* Use the Minimum Charges in Subsection (a)(1). "2. Outside City Limits August 1 . AUQust 1 , ~ 2006 te to July 31, July 31. 2-QOO 2007 First Minimum* Minimum* 10,000,000 Gallons Each $ 1 .206 $ 1.275 Additional 1,000 Gallon "* Use the Minimum Charges in Subsection ('a)(1). "f. Public Agency for Resale Untreated Water Rates "The rates for the purchase of untreated water purchased by a public agency, which does not have a raw water supply contract with the City executed after January 1,1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this section, for the period used to determine the composite cost of untreated water under the City's current contract with the public agency. "(b) Raw water cost adjustment (RWCA). "In addition to the charges for the base rates for water service, established in subsection (a) of this section, a separate charge for the costs of raw water, the RWGA, 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 CQntract 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 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 ex,enditures 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_offsetting ........' -- 11 revenues and the difference between projected and actual volume of water sold. Use of overcollections to create and maintain a reserve to level out lame fluctuations in raw water charoes is authorized. Apply tAts any remainino 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 eCl 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 GCl 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 eCl 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. 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." sscnON 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 2006. SeCnON 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) I Monthly Consumption /\~gU&t 1, AUQust 1 . 2005 2006 - I July 31, Julv 31. I ~ 2007 Meter Charge $();OO $1.00 First 1 MCF &-7e7 8.757 (MInimum Bill) Need 2 MCF 4:94-3 4.913 NeJd 7 MCF 2.840 2.840 Nekt 5 MCF 2.479 NeId 35 MCF 2.679 Nekt ~O MCF ffl.79 All over 50 MCF 1.005 1.905 "NOte: Rates do not include purchased gas adjustment and sales tax, where applicable """""""- -- 13 "b. Summer rates (from April Cycle 11 through November Cycle 10) ! Monthly Consumption :'.ugust 1, Auaust 1. 2005 2006 - i i July 31, Julv 31. i 200e 2007 Meter Charge $(hOO $1.00 -_.- First 1 MCF 8:+&7 8.757 (Minimum Bill) Next 2 MCF 4.013 4.913 ---- -- Next 5 MCF 2.840 2.840 -- Next 2 MCF 1 .426 .-- --- I-- Next 28 MCF 1.390 .- Next 30 MCF 4-:426 AI over 38 MCF ~ 1.267 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(2) Outside City limits "a. Winter rates (from Novem~ Cycle 11 through April Cycle 10) I Monthly Consumption .'\ugust 1, Auaust 1 . I 2005 2006 - I July 31, Julv 31. I 200e 2007 .- Meter Charge ~ $1.25 First 1 MCF 10.805 10.805 (Minimum Bill) ---- . Next 2 MCF &:-WS 5.508 - Next 7 MCF 3.130 3.139 - Next 40 MCF ~ 2.962 An over 50 MCF 2:OOe 2.066 ...... ..~ 14 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable lib. Summer rates (from April Cycle 11 through November Cycle 10) Monthly Consumption ,~'\ugUGt 1, I AUQust 1. 2005 . I 2006- July 31 , I July 31. 2QOO ! 2007 -- -- - ~r- Meter Charge $1.25 - 10.S00r- First 1 MCF 10.805 (Minimum Bill) , Next 2 MCF 5.508 5.508 -- Netct 5 MCF 3.130 3.139 --,_..,_.- Next 30 MCF ~ 1.566 All over 38 MCF 1.347 1.347 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(t)t GENERAL RATE CUSTOMERS (commercial, industrial, & institutional) rates: "( 1 ) Inside City Limits I Monthly Consumption August 1 , AUQust 1.... I 2005 2006 - I July 31. July 31. I 2()00 2007 Meter Charge ~ $8.13 First 1 MCF 8.757 8.757 (Minimum Bill) Next 2 MCF -- ~ 4.a13 4.913 I Next 7 MCF .,-'.- 4.500 4.590 I ! ---- e------ Next 40 MCF 4.415 4.415 Next 50 MCF .1.005 1.905 INan 100 MCF "-- c------ f--- 1.588 1.588 "--~--_._._,.",._->-_.__.- '-- - ........-.-, 15 INext 100 MCF 1.387 1.387 I I Next 700 MCF 1.327 1.327 INext 1,000 MCF --- 1.147 1.147 i INext 13,000 MCF .-.......-- t-.. --- ..~ 1.031 ! IAn over 15,000 MCF 0.088 0.988 i "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(2) Outside City Limits Monthly Consumption August 1, AUQust 1. 2005 2006 - July 31, July 31. ;WOO 2007 -- .- Meter Charge ~ $10.16 First 1 MCF 10.805 10.805 (Minimum Bill) Next 2 MCF ~ 5.508 ----. Next 7 MCF e4n 5.172 - 4.97~ Next 40 MCF ~ Next 50 MCF ~ 2.066 Next 100 MCF +-7G6 1.705 Next 100 MCF -1-:48+ 1 .487 ---'- --- Next 700 MCF ~ 1 .405 ----- Next 1,000 MCF ~ 1.147 Next 13,000 MCF ~ 1.031 I .----- -----. AI' over 15,000 MCF 0.088 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 16 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 I Monthly Consumption AUguEt 1, AUQust 1. 2005 2006 - ! I July 31, Julv 31. ! 2006 2007 "-- M.er Charge ~ $1.00 First 1 MCF 14.648 14.548 (Minimum Bill) Nekt 2 MCF 13.156 13.156 Nekt 7 MCF ~ 6.246 Nekt 30 MCF -- t-" $2.670 2.679 All over 40 MCF 4-:006 1.905 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(2) Outside City Limits I Monthly Consumption /\ugust 1 . AUQust 1. 2005 2006 - I July 31, Julv 31. i i 2006 2007 IMeter Charge - ~ $1.25 I Fir$t 1 MCF 17.475 17.475 (Minimum Bill) INeJrt 2 MCF 15.028 15.028 INeld 7 MCF 7:002 7.082 ,Nett 30 MCF 2-:002 2.962 I 'All over 40 MCF 2-:006 2.066 L" "-------~"" "-- 17 "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 f Monthly August 1, AUQust 1 . I Consumption 2005 2006 - i July 31, July 31. I ;WOO 2007 I Meter Charge $(hOO $8.13 - First 1 MCF &+W 8.756 (Minimum Bill) Next 2 MCF 4:-9-1-2 4.912 Next 7 MCF ~ 4.590 Nlext 40 MCF ~ 3.35~f- N1ext 150 MCF 4-A2e 1 .426 Niext 300 MCF ~ 1.327 Next 500 MCF 1.147 1.147 Next 14,000 MCF +G34 1.031 Allover 15,000 MCF {},.988 0.988 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable 18 "(2) Outside City limits - Monthly A~gust 1, Auaust 1. Consumption 2005 2006 - July 31, Julv 31 , ~ 2007 -- ,-. Meter Charge ~ $10.16 - Fitst 1 MCF 10.806 10.805 (Minimum Bill) Next 2 MCF ~ 5.508 , Next 7 MCF ~ 5.172 Next 40 MCF &-7-76 3.776 Next 150 MCF -1-:W6 1.566 Next 300 MCF 4-49S 1 .405 .- Next 500 MCF 4-:-2G7 1.207 Next 14,000 MCF ~ 1.070 An over 15,000 MCF G-:988 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 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. n(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. It .~."... 19 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 2006. 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: c'aSSificai August +, AUQust 1 . 2005 to 2006 to July J1, July 31 , ~ 2007 Inside City $ 16.054 $ 16.977 Limits j , One-family minimum monthly charge (first 2,000 gallons) Inside City $3.247 $3.433 Limits One-family per 1,000 gallons over 2.000 Inside City 90. 7J5 95.952 Limits One-family maximum monthly charge (Up to 25,000 gallons) ~-- , Classification Outside City Limits One-family milllimum monthly charge (first 2,000 galons) Outside City Limits One-family per 1,000 galons over 2,000 I Outside City Limits One-family maximum monthly charge (Up to 25,000 galons) August 1, 2005 to July 31, ~ 30.107 --~ ~I i i I 20 -- AUQust 1 . 2006 to Julv 31. 2007 -- 31.838 6.438 $170.176 $179.961 - 22.8771 jlnslde City Limits 11' C<;>mmercial I minimum I 1 monthly I I charge (first i 12,000 I - gallons) I L ___ __ __________ ---1.__ __ ___ __ .......',.,.,...., 24.192 21 Classification /\ugust 1, AUQust 1 , 2005 to 2006 to July 31, July 31 , ~ 2007 Inside City 2-434- 2.573 Limits Commercial per 1,000 gallons over 2,000 Outside City 45. 766 48.386 Limits I Commercial I minimum monthly charge (first 12.000 gallons) Outside City $1.871 $5.151 Limits Commercial per 1,000 gallons over 2,000 "(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 - - 22 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 "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 \vinter 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 '""""""'", '''''"''"" 23 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 "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 customers winter average or interim average so that the Adjusted Rate will produce an amount equal to the base revenues. 24 "(c) The rates established in subsection (a) of this section are based upon water consumption for wastewater service customers with wastewater characteristics of 562 parts per million or less by weight of chemical oxygen demand index, 250 parts per million or less by weight of biochemical oxygen demand index, and 250 parts per million or less by weight of suspended solids index. If the wastewater characteristics exceed any of these parameters shall pay an additional abnonnal 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 2006. SECTION 7. Section 55-148 of the Code of Ordinances is amended to include the schedule of values used to detennine the abnonnal wastewater surcharges. Section 55- 148(a)(6) and (8) shall read as follows: "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 (800-250) "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. flY = 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/l. ...,,-- -~- 25 "BOD = Five-day biochemical oxygen demand strength index in parts per million by weight, or mg/l. "TSS = Total suspended solids strength index in parts per million by weight. or mg/l. "250 = Normal BOD and TSS strength in parts per million by weight. or mg/I. "562 = Normal COD strength in parts per million by weight, or mg/1. * *' * "(8) The values for X, Y, and Z used in subdivision (6) of this subsection to determine the abnormal wastewater surcharge are:" Value X (unit charge in dollars per pound of COD) Y (unit charge in dollars per pound of BOD) Z (unit charge in dollars per pound of TSS) /\UgUEt 1, 2005 te July 31, WOO $0.0000 AUQ~ 1. 20.QQ I to ! Julv31. I 2007 I $0.0000 0.2633 0.2784 0.1891 0.1999 _____1 * * * * * 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 2006. 26 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. -.......,- 27 That the foregoing 0.. rp~~ce was r..e. a. d. reading on this the _~ day of ___ first time and passed to its second I 2006, by the following vote: BHt Kelly ..~ ---~ ~ --~ -~ Rex A. Kinnison ~ Henry Garrett Jerry Garcia Mark Scott Brent Chesney John E. Marez Melody Cooper Jesse Noyola That the foregoing ordinance was read for the second time and passed finally on this the __ day of __..________, 2006 by the following vote: Henry Garrett Brent Chesney Melody Cooper Rex A. Kinnison John E. Marez Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the ATTEST: day of ,2006. Armando Chapa City Secretary APPROVED: lL day of July, 2006: Lffi:;:;arr - Assistant City Attorney for City Attorney Henry Garrett Mayor, The City of Corpus Christi .......... -,- (b) AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 21, GARBAGE, TRASH AND OTHER REFUSE, REGARDING INCREASES TO RESOURCE RECOVERY FEES; PROVIDING FOR PENALTIES; 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. Section 21-40, Code of Ordinances is amended by revising the table in subsection (a) and revising subsection (d)(2) 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. r Type I Description , ' -~~._--,. .......--- Minimum Charge Per Month or Fraction Thereof Collection -..-- ~._..__._- $11.35 elling ~. $14.75 elling on one (1) water and/or gas $28. 70 $29.50 elling on separate water and/or $11.35 $14.75 each unit -_.- $11.35 $14.75 per unit elling and single apartment on one $28. 70 or gas meter $29.50 use, travel trailer park, or $14.35 home park on one (1 ) water and/or $14.75 per unit -----..... - -.-- --',,-..--- -- ""'-- 1(1)- i ! One-family dw ! (2) --t Two-family dw meter I Two-family dw I gas meters -I Apartment i(3) ! , !----.--t-.-.------ i (5) i One-family dw I (1) water and/ r (6) -i Apartment ho I manufactured I gas meter R63406A5DOC 2 I (7) Apartment house, travel trailer park, or $1 <1.35 manufactured home park-Each apartment, travel $14.75 per unit trailer pad, or manufactured home site on separate water and/or gas meter : (8) Additional charge for rear door pickup on any $11 .86 per unit I type above I r (9)-- -- $53.00 Additional loads of heavy brush or bulky item at I time of scheduled heavy brush or bulky item $58.30 per load i ! collection (1()) Surcharge for bulky item pickup $10.00 per item (11 ) Special non-scheduled heavy brush, dean wood, Actual cost not to exceed waste, debris, or bulky items pickup, induding $200.00 per load pickup of heavy brush and debris set out more than two (2) weeks prior to the scheduled pickup or brush or debris that is a traffic, safety, or health hazard (12) Recycling containers: Each solid waste services $4;00 customer account will pay a fee for recyding $6.00 per container containers that will be refunded upon termination of the account and return of the recycling ! contai ners i (13) Surcharge for tires set out for collection $ 5.00 per tire ~'- -"'---"'-'---"-,,~ ...'.--- ..~".._,-,_.__. '-'.~_.,-,- * * * * * (d) A business and commercial institutions establishment and any other occupied premises located within the City of Corpus Christi, except a residence covered by subsections (a) and (b) of this section, shall be charged for collection services by the department at a rate determined by the director based on the following: * * * * * (2) The director may not set a rate below t'/Jenty four dollars and twonty six conts ($21.26) twenty-nine dollars and fifty cents ($29.50) a month (the minimum rate), plus any applicable state disposal fees and state and city taxes. SECTION 2. Section 21-41, Code of Ordinances is amended by revising the tables in subsection (e)(2) and (3) to read as follows: R63406A5. DOC 3 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: (2) Commercial vehicles (tipping rater !~-I ~- ,8 ! Ie-- I I 10--1 i I -j I E I iF! ----.--- ---~._."'--_.._......_--------,-- $31.03 I Solid waste by weight $34.01 per ton* i $&3e 1 Loose load of solid waste. not weighed $9.19 per cubic yard* I Compacted load of solid waste, not weighed $11.12 $12.15 per cubic yard* , Construction and demolition debris. not weighed $11.12 $12.15 per cubic yard i Heavy brush and yard waste. not weighed $11.12 $12.15 per cubic yard I Commercial vehicle transporting household waste No charge i for a residential customer when accompanied by the residential customer. (The residential customer must be the driver or a passenger in the commercial vehide or arrive in a seJ"irate vehicle at the landfill with the residential customer's I waste.) I 'ncludes state disposal fee, state/federal mandated surcharges as provided by section 21-42, and a portion of the municipal solid '.vaste system service chargo 3S provided by section 21 17. I Clean. uncontaminated dirt that is suitable for i landfill use (as determined by landfill I superintendent or designee of the I superintendent) III l Clean wood waste. heavy brush. or rubble i I suitable for recycling, induding crushed concrete, ! asphalt, bricks, etc. '__..__J______________ _ !A I R63406A5DOC (3) Special fees No charge $3;00 $8.80 per ton c j f-~-- ,0 ~---- i ~--- I I I ! r-- I 1-- ! i L-__ IE I F i ~--- ;G 4 Tires usehotd appliances, such as stoves. ~ machines, clothes dryers, dishwashers, $2.20 each tors, or other similar items, except large Id appliances transported in a non- I I ial vehicle by a residential customer des within the city -......-- - --,. _.' ..-- '-^'~ - ---....---- "--,.._-,,_..- --~._- $1.25 utomobile - -- $2.25 uck or large trailer tires (16--19") ractor tires( <20") $3.25 -- -"- rger than 20" Not accepted ut into quarters or more Tipping fee rate with loads not adequately secured so as $5.00 nt any of the contents of the transported being ejected or dropped during of the load cales $25.25 waste that requires special preparation, As determined by the , or cover director .- n -, '..-.----------....-... Large ho washing refrigera househo commerc who resi A Tr T La c Vehicles to preve load from transport Use of s Any solid handling :--__L_____ __ * " * * SBCTION 3. Section 21-47(b), Code of Ordinances 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 sixteon dollars and ninety three conts ($16.93) twenty-one dollars and thirtv-seven cents ($21.37) per ton of waste. (2) For customers located within the city, who are billed by their permitted solid waste hauler for hire by the volume of the dumpster and frequency of service, the R63406A5 DOC 5 municipal solid waste system service charge is sixty nine cents ($0.69) eiahtv- seven cents ($0.87) 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 customers solid waste at a disposal site operated by the department, the municipal solid waste system service charge will be credited with eight dollars ~md thirty five cents ($8.35) twelve dollars and one cent ($12.01) 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 sevon dollars ang forty one cents ($7.11) nine dollars and thirty-six cents ($9.36) 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 t\\<enty one cents ($0.21) thirtY-one cents ($0.31) 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 forty five cents ($0.15) fifty-six cents ($0.56) 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 crediteawith thirteen dollars and thirty three cents ($1a.33) nineteen dollars and twenty-three cents ($19.23) for the portions of the charge that are collected through the tipping fee. The municipal solid waste system service charge, with the credit, is ono dollar and soventy f-our cents ($1 .74) two dollars and fourteen cents ($2.14) 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 conts ($0.54) seventy-eight cents ($0.78) for the porti ons of the charge that are collected through the tipping fee. The municipal solid waste system service charge, with the credit, is soven conts ($0.07) nine cents ($MID 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 R63406A5 DOC 6 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. (7) For can account customers within the city the municipal solid waste system service charge is four dollars and forty five cents ($4.15) five dollars and sixty- two cents ($5.62) oer 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 1\\'0 sollars anGi tv.(olve oents ($2.12) two dollars and sixty-seven cents ($2.67) oer 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 two dollars and M'olvo cents ($2.12) two dollars and sixty-seven cents ($2.67) oer month (which includes the city street use fee). .. * * .. * SleTION 4. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 21-3 of the City Code of Glldi nances. SleTION 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 juctgment of a court of competent jurisdiction, it shall not affect any other section, p.-sgraph, subdivision, dause, phrase, word, or provision of this ordinance, for it is the dtlnite 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. This ordinance takes effect and applies to all services provided on or after the first day of August, which is either billed at the time the services are provided or billed in a utility reading cycle, which includes only service provided on or atter the first day in August SET'ON 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. R63406A5DOC "lI\!IP"~" 7 That the foregoing ordinance was read for the first time and passed to its second reading on this the ____ day of _ I 2006. 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 I 2006 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 ATTEST' day of ,2006. Armando Chapa City Secretary APPROVED: 12th day of July, 2006: Henry Garrett Mayor -;7 R63406A5.DOC AN ORDINANCE (c) . REVISING SECnONS 23-57(3)(b), 19-33(b), 19-49(a), 19-54(b), AND 19-56, CODE OF ORDINANCES, BY INCREASING HEALTH DEPARTMENT FEES RELATING TO POOL INSPECTIONS, FOOD ESTABLISHMENT HEALTH PERMITS, FOOD MANAGER PERMITS, ANP FOOD HANDLER PERMITS; RESTRUCTURING FEE PROVISIONS RELATED TO SPECIFIC FOOD ESTABLISHMENT HEALTH PERMITS; REVISING THE TRAINING REQUIREMENT AND TERM OF FOOD HANDLER PERMITS; REVISING THE TERM OF FOOD MANAGER PERMITS; PROVIDING FOR SEVERANCE; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. SE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 23-57(3)(b), Code of Ordinances, is revised to read as follows: "See. 23-57. Swimming pool standards. "The following rules pertaining to swimming pools shall be are in full force and effect: * * * * * "(3) Inspections; fee. * * * * * "(b) Inspection fee. An annual inspection fee of ono hundred dollars ($100.00) one hundred twenty-five dollars ($125.00), payable on or before April 1 of each year, must be paid for each property swimming pool. The director of public health shall establish procedures for collecting the fee. No person may operate a property swimming pool unless the pool's annual inspection fee has been paid. Each day of operation in violation of this section constitutes a separate offense. n * * * * * SECTION 2. Section 19-33(b), Code of Ordinances, is revised to read as follows: "Sec. 19-33. Issuance; fee. * * * * * "(b) Prior to the issuance of a health permit, the applicant shall pay a fee according to the following schedule: "Food service or food processing establishments: lll!iIIIP,-.- "Having mere than ene Allnllred (100) empleyees ......................$::.~~ Hav!Rg seveRly sile (76) t"rellg" RiRety niRll (00) emPlev:s...... :.86';;;; Ha'IIRg fifty eRe (51) threllg" seveRly fMl (75) emPleyeO"'..........$4~.;;;; Ha>.~Rg ~'9Rly si* (26) tIlrellll" fiftv (50) _Plllyees......................325.00 HaVIRg R1R9199A (19) threllg" ~l'Ienly five (25) emPleyees...........t;j;.oo Ha"!Rg Rine (9) threllg" ~igh1geR (18) emPleyees.......................$itl&.oo HavlRg mllr (4) threllgh eight (8) empleyees ............................... $m' 00 HaviAg fewer tIIaR fallr (4) em~lllyees......................................... $ · i~' 00 Tempor-ary feod servICe establishments ...................................... . Retail fQod stor:es......................................................................... $ Sa. 00 Mallile IlRits ....................................................... ....................: ~~.: Frez8A desserts.... ............... ........................................................ . Late too.... . . ... :. .. . . . . . . . . .. . . .... . . . ... ... .. . .. ... ... '" .. . .... .. . .. . . . . .. . .. ........ .. .... . $ 25.00 "Havina 101 or more emolovees.................................................$ 780.00 Havina 51 to 100 emoloyees ..................................... ....... ...... ....$ 630.00 Havina 26 to 50 emoloyees ........................................................$ 480.00 Havina 10 to 25 emoloyees ........................................................$ 330.00 Havina 1 to 9 emoloyees ............................................................$ 205.00 TemDOrarv food service establishments, initial day ...................~ 35.00 Temoorary food service establishments. each additional day "'_ 15.00 Temoorary food service establishments. late fee. if aoolication is not filed within five days of an event..................................$ 70.00 Retail food stores.. ............................ ............................... ..........$ 85;00 Mobile units ....................................... .................................. ......$ 100.00 Frozen desserts................................................... ........ .... ..........$ 100.00 Late fee.......... ................... -................... ............. .............. ....... ...$ 25.00" * * * * * SICTION 3. Section 19-49(a), Code of Ordinances, is revised to read as follows: "Sec. 19-49. Certification. "(a) Certification: All employees of food service, temporary food service, food processing establishments or mobile food units must obtain food handling certification before beginning to work. A minimum of two (2) hours of food sanitation training for each employee is required every threo (3) two (2) years. if the employee is workina under a health permit issued on or after AUQust 1, 2006. to ensure employee performance of their duties in accordance with food service sanitation ordinances, rules and regulations. This training shall be an approved health department course. A fee of seven dolbrs ($7.00) ten dollars ($10.00) will be charged for each food handler permit issued by the health department. A food handler's pennit shall be valid for a period of three (3) years~ issued prior to AUQust 1, 2006, and for two (2) years from date of issu- ~""'- ance, if issued on or after Auaust 1. 2006. unless said permit is sooner revoked by the city health officer." * * * * * SECTION 4. Section 19-54(b), Code of Ordinances, is revised to read as follows: "Sec. 19-54. Issuance. U(a) * * * * * "(b) A fee of seVOR aollam ($7.00) fifteen dollars ($15.00) will be charged for each food manager's permit issued by the health department." SECTION 5. Section 19-56, Code of Ordinances, is revised to read as follows: "Sec. 19-56. Renewal. "A food manager's permit shall be valid for a period of three (3) two (2) years from the date of course completion, unless said permit is sooner revoked by the city health officer as described in section 19-57. The continuing education requirement of this section shall not apply to dieticians currently registered by the A.D.A. and licensed by the Texas State Board of Examiners of Dietitians." SECTION 6. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word, and provision of this Ordinance be given full force and effect for its purpose. SECTION 7. A violation of this ordinance or the requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the Code of Ordinances. SECTION 8. Publication of this ordinance is to be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. SECTION 9. This ordinance is effective August 1,2006. EHord189.doc .........' ";- Corpus Christi, Texas The foregoing ordinance was read for the first time and passed to its second reading on this the day of I 2006, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John E. Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott BII Kelly The foregoing ordinance was read for the second time and passed finally on this the day of ,2006, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John E. Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott BI Kelly PASSED AND APPROVED on the day of ,2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED AS TO LEGAL FORM: July 13, 2006 ~~~ ~ Elizabeth R. ndley Assistant City Attorney for the City Attorney - ,,- (d) AN ORDINANCE REVISING SECTION 3-42(b), CODE OF ORDINANCES, TO INCREASE FEES FOR BILLBOARD SIGNS; PROVIDING FOR SEVERANCE; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 3-42(b), Code of Ordinances, is revised to read as follows: "Sec. 3-42. Licenses, permits, and fees. (a) . * * * * (b) Sign permits shall have an initial installation fee of one hundred one dollars ($101.00) for each new sign erected after the effective date of this division. An annual permit renewal fee shall be calculated for all such signs and for each sign existing on the effective date of this division as follows: (1) For signs not exceeding one hundred (100) square feet in area, the fee is olo\'on thirteen dollars ($11.00) ($13.00) plus few: five cents ($0.04) ($0.05) per square foot of sign area. (2) For signs greater than one hundred (100) square feet in area and not exceeding three hundred (300) square feet in area, the fee is tv/ont)' Eix twentv-eiQht dollars ($26.00) ($28.00) plus few: five cents ($0.04) ($0.05) per square foot of sign area. (3) For signs greater than three hundred square feet in area, the fee is thirty Eoven forty dollars ($37.00) ($40.00) plus few: five cents ($0.04) ($0.05) per square foot of sign area." SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word, and provision of this Ordinance be given full force and effect for its purpose. SECTION 3. A violation of this ordinance or the requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the Code of Ordinances. SECTION 4. Publication of this ordinance is to be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas SECTION 5. ThIs ordinance is effective August 1, 2006. EHord191.doc ......'.," '.---. Corpus Christi, Texas The foregoing ordinance was read for the first time and passed to its second reading on this the____ day of _. ,2006, by the following vote: Henry Garrett -_.._._-,.__.,~_. Rex A. Kinnison Brent Chesney John E. Marez ----- -- --- Metody Cooper --,.-- Jesse Noyola Jerry Garcia Mark Scott BiR Kelly ----- The foregoing ordinance was read for the second time and passed finally on this the day of , 2006, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John E. Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott BiI Kelly PASSED AND APPROVED on the day of t 2006. ATTEST: CITY OF CORPUS CHRISTI Atmando Chapa CIy Secretary Henry Garrett Mayor APPROVED AS TO LEGA FORM: July 10, 2006 h R. Hundley Alsi nt City Attorney for the City Attorney ........--- (e) AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 3 % ALARM SYSTDlS, BY REPEALING THE EXISTING CHAPTER AND ADOPTDfG A NEW CllAPTER 3 % ALARM SYSTEMS; PROVIDING FOR SEVERANCE; PROVIDING FOR PENALTIES; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY OF CORPUS CRRISTI, TEXAS: SECTION 1. Chapter 3 Yl, Alarm Systems, of the Code of Ordinances is repealed. SECTION 2. Chapter 3 Yl, Alarm Systems, is adopted to read as follows: "Chanter 3 % ALARM SYSTEMS ARTICLE L IN GENERAL "See. 3 ~1. Def'mitioDl. "Alarm Business" meatlR the business. whether by an individl,AI partnership. corpOration. or other entity. of sellina. leasin", mailltainintJ. servicin", regairing. altering. replacing. moving. installing. or monitoring an alarm system. " Alarm Notification" means a notification intended to summon the police. which is delianed either to be initiated pumosely by a person or by an alarm system that r~ds to a stimulus characteristic of unauthorized intrusion. " Alarm Site" means a premise or location with one (1) street address selVed by an alarm system or systems that are under the control of one 0) owner or lessee. "Alarm System" means a device or system. including but not limited to. systems illterconnected with a radio frequency method such as cellular or private radio signals. ~t emits. transmits or relays a remote or local audible. visual or electronic signal i dicatiQg an AlArm condition and intended to summon. or that would reasonably be ~cted to summon police services of the City of CotpUs Christi. Alarm system does not include: (1) Fire alarm systems and other alarm systems that monitor temperature. humidity. medical. or any other condition not directly related to the detection of an unauthorized intrusion into a premises or an atterqpted robbery at a premises. (2) An alarm ~stem installed upon the premises occu'pied by the United States Government or the State of Texas. QL An alarm system installed on a motor vehicle. H '\LEG-DIR\Joseph\06-PoticeAd v\Ords and Resots-'06\Ord- Alarms. doc " Alarm System User" mean~ any oerson.. firm. partnership. colpOration or other entity who (which) uses or is in control of any alarm System at its ala;;; ;~;. "Co~iaI" means II site used ))Ii"'frily fur ~ ptIQlOSe of c:onduc:tinJr ~Sin: or lode. Ia the CllK of jo. COIIIIIlerciIll and residential \ues. '!;:::: . wit ein the alarm device is located MRA.I;ifies the site for the putposes of . r 'ce. "false Alarm NotitlcatiolJ" means an AtAnn notification to t4l! Citv;;;r~~lujsti when ~ r~ ollicer fincb, tbmt'Sh an inllPeclion ~. ~ 1;.._r ;;:. of l!!fi Alann site. no ~ ofan atteDtpted Or actua1 ~nautho m;~.~ .. robbery or hostage taIrl. and the officer has responded to the sit .. n . (30) miTlutes of the City ofCor:pus Christi receivinj the alarm notification. "Permit" means a certifr.ate of authorization issued by the police de.partment to the owner. "001- or person in control of the prQperty which authorizes the operation of an abrm system or systems at an alarm site. "Person" means an individual. coJl)Ol1ltion. partnership. association. organization or other 1,.,,1 entity. "~de~" means a si(e used primarily as a dwelling. In the case ~int c:onu:':: anil residential uses. the use of the unit wherein the alarm device is I ed classifi UtP. for the ~ ofthi~ ordina~. . "Service Fee" means the fee charged for responding to a false alarm as per the ado,pted fee schedule. "Unit" means a portion of an A 'arm site tMt coiitains a SCj)arately operated alarm system. "See. 3 %-2. Permit reauired: fees. (a) The Cmpus Christi Police De.partment will not respond to any alarm n~ion from an alarm site that does not have a valid permit. unless the alarm notifi 'n was a duress alarm. a hold-up alarm. a panic alarm.. or re.ported to a 9-1-1 emer2~~el~hone number hy a person other than an alarm colJU)any. (b) A person oollllDiJJlaa offense if the person operates, or C8l1ses or :=Uto ~ qperated.. an alarm system on premises under the person's 00*01 or 0 . _.p r at ita ~J""" site without a valid aIa1:m permit issued by the COIJlUS Christi Police ~. The Cot:pUs Christi Police De.partment and CoIpUS Christi Police Officers are horized to enforce this provision. and to issue citations for violations. (~ A segara.te permit is reqpired for each alarm site and for each alarm unit. No examptions shall ~ply e&ceJJt U required by Federal or State law. The burden of proof shall be with the person assertin~ the exemption. 2 fd) The .,mlAI nonrefl'rAble fee for an SlISl1'IJl permit is Twenty Five Dollars ($25) for Residential and Fifty Dollars ($50) for Commercial. (e) A permit is valid for one (1) year from the date of its issuance and may be renewed every vear u!>On submission of a renewal invoice. It is the r~nsibility of the permit holder to submit a renewal invoice ten (10) days prior to the permit expiration date. (0 All permit fees owed by an .wlicant must be paid before a permit may be issued or reftewed. Un,paid permit fees my resuh in a revocation of the permit. "8<<. 3 ~3. FOnD of ....it a.Dlication. fa) Application for permits required by the provisions ofthi~ ordinance shall be filed with the Chief of Police on a form deaipated by the City. The City win treat all information on the 8:Pply..~tion as confidential. If the -Wlicant is a firm or partnership And no owner or '~M partner resides. operates a business or is employed within the State of Texas. then the .wlication must be subscribed and sworn to by the individual having the authority and re$ponsibility for the management and operations of the alarm within the State. 0>) If the applicant is a corporation. the application shall specify the date and place of its incoqKdtion. the locJlhtw. of the "Wli~.Ant's principal place of business. a list of the Pflncipal coqK)rate offi.,..-s and the business .dress. business telqlhone number. residence address and t~ office or position held by each principal cotporate officer. (c) If the tq>plicant is a partnership. the ap,pliCltion shall specify the location of the ~licant's principal place of business and the names. business addresses. business telephone number. and residence addresses of each partner. "See. 3 Y1""4. Issuance.f oermit: renewal/denial. (() Upon receipt of a completed a1>plication form. the Chief of Police shall issue an ,.ISl11ll permit to an tq>plicant unless the ~plicant: 1. Failed to pay a service fee assessed under Sec. 3 ~. below: 2. Had an alarm permit for the alarm site revoked. and the violation causin~ the revocation has DOt been corrected: 3. Made a false statement of a material matter in the 81'plication: 4. Committed any act which. if committed by a permittee. would be grounds for the revocation ofa license under Sec. 3 %-21. below: or 3 5. Is .pplyin~ for a permit for an alarm ~stem which has a history of unreliability. or is defective under Sec. 3 %-9 (~). In ~ch a case. the Chief of Police may issue or renew the permit if IqU)licant provides a statement from a licensed alarm business stating the alarm system functions pro,perly. (b) A denial of permit _"ill be for 8QY period of time up to six (6) months at the discretion of the Chief of Police based on the severity of tile violation. "See. 3 ~5. Transfer and amendments. An Alarm permit canaot be tran~ferred to another person or site. A permit holder shall in writillJ inform the Chief of Police of any chanJe th~t alters any information listed on the permit application within two (2) business days of such chanse. No fee will be usessed for such changes. "See. 3 %-6. Servift fee sdaedule for raise AlArms. (a) All service fees owed by an 8p,plicant must be paid before a permit may be issued or renewed. lb) No service fee will be charged within any twelve (12) month period for the first three (3) false alarm notifications. ~) ExC9t as provided in Sees. 3 Y2-7. and 3 Y2-22 below. a person who is required '0 nhtain a permit shall pay a service fee for P.A~.h false alArm notification within any twelve (12) mnafh period as delCribed in the following service fee schedule: False Alarms seivice Fee First. second and third Fourth. And fifth. Sixth. and seventh Eithth. and subsequent Free $50 $15 $100 "8ft. 3 ~-7. Service fee Don-aooliable. A permit holder will not be assessed a service fee for a fe$ponse to notification of the aaivation of an alarm system if the permit holder shows to the Chief of Police or d-iDee that the activation was not a false Alarm and any response by the police d.artment to such notification of an alarm system will not be included in determining the service fee set out above. For the putpOses of determining the service fee set out above. the burden shall be on the permit holder to prove that the activation of the alarm system was not a false alarm. ARTICLE n. ALARM SYSTEM OPERA TJON 4 "See. 3 %-8. Reauirem_tI of Oaentioa. A permit holder or an alarm user shall: (a) Respond or cause a representative to respond within a reasonable period of time (not to exceed two i2l hours) when notified by the City of Coq>us Christi to re.pair or inadivat~ a ~AJfunctioning alarm system. to provide access to the premises or to provide security for the premises: and (b) Not manually activate an alarm for any reason other than an occurrence of an event that the lllA11ll system was intended to report. "Sec. 3 %-9. MaiDtennee. A permit holder or AlArm user shall: (aU MaintAin the premises containing an alarm system in a manner that ensures proper o.peratioo of the alarm system. (b) MaintAin the alarm system in a manner that will minimize fidse alarm notifications. (~) Adiust the mechanism or cause the mechanism to be adiusted so that an alarm signal aUdible on the exterior of an alarm site will sound for no 10DJer than ten (10) minutes after being activated. (4) ~Jlintllin a complete set of written o~nj instructions for each alArm system at ~h SlI~ sit~. special codes. combinations or passwords must not be included in these iDStructiens. (~ ~e the alarm system only if the system isliml;tiooi1l8 properlv. If the Chief of P Ii r designee. detemunes that false alarm notificationls) are related to a defect or ;:tfunction in the alarm system. the Chief of Police. or desi&nee. may reQlJire the permit ;"Wer :.alann QJer to prpduce a written Iq)Ort from a prooerlv Iiml}ed !llarm husi_s hich inspected the Alarm system statina the probable cause of false alarms and actions taken or recommendations for eliminati~ the false alarms. "See. 3 %-10. BiI.bl*'.D Alarm. If an alaTIl1 system sounds a broadcast signal (signal that is audible or visible from the ~or of a structure) for tonser than twenty (20) minutes tftll( beina ~ a CoQ>us . sti poli~ officer is authorized to disable the alarm. All costs to the City of Cor:pus Christi in disab1ina the. alarm shall be assessed to the person required to have a permit and shall be paid to the City within thirty (30) days after the person ha.A received notice that the costs have been assessed. Application for a permit constitutes a grant of approval to the City to disable the alarm as provided herein. 5 "See. 3 ~ll. RN\Arii.o of ..Iarm sinal~ A permit holder or Alarm user shall not allow alarm signAl~ to be directly I'e!X>rted or r~ed through a relaying intennediaJy by a signal or recorded message to the City of CoJ11US Christi unless matldated by federal law. "tec. 3 %-12. Alano reset. A permit holder or jllarm user of an alarm system that emits an alarm signal that is Audible or visible from 1he exterior of a structure mil adiust the AIArot system so that upon activation. the alarm system will not transmit another AianAI without first being BBt. "See. 3 %-13. Alarm system and Dft"IIIit insoedions. UJ>on the determination of the Chief of Police. or designee_ that an alarm system is malfbnctinnin~ and the permit holder or A'Jlrot user is not mAintJlinill' the AIJlfDl system in c-~pliance with Sees. 3 Y:z-8. or 3 Y2-9.. the person in control of the AlArm system shall Allnw the Chief of Police. or designee. to inspect an alarm site and alarm ~ystem during ....llar business 00urs_ and in the case of a residential alarm system. uJlOn notification to the permit holder. The .IArm permit shall be kept at the alarm site and shall be produced for iJls>>ection u.pon request of the Police Department. "See. 3 %-14. Alarm SYltem installations. Only a permit holder. or at their request. a person or business licp-n~ by the T~ a.nl of Private Invesdptnnt AM Private Security A,encies as provided by ~ law. may install an alarm system in the City of CoiPUs Christi. All pennits shall beohuiJ'ed for the alarm system upon installation. "See. 3 ~ 15. A...... ...itoMS! and reoortintr. Only a person or business licensed by the Texas Board of Private Investigators and Private Security A&encies as provided by state law. may monitor and relay alarm notifications on behalf of a permit holder or alarm user. Before rela,ying an alarm notification. the Alarm Business shall attempt to verify ~ by telq>honic or other electronic means. every alarm signal. An Alarm Business shall send notifications of alarms and ~cellations of alarms to the City of COlJ>Us Christi in a manner and fonn determined by the City of Coq)Us Christi. and shall relay current permit numbers for each alarm notification. An Alarm Business may be assessed a service fee of twenty-five dollars ($25) for each incorrect or incomplete pennit number relayed to the City of Cotpus Christi. Any service fee assessed under the provisions of this section must be paid within thirty (30) days after receipt of notice of the assessment. If the assessed fees become ni1lP.ty (90) days delinquent. a ten (10) percent late charge will be ad~ed. Non-payment of any service fee by an Alarm Business may result in suspension of alarm response to all alarms reported by the Alarm Business. 6 ~.,-- "8ft. 3 %-16. AI.... "'iDea I'K8rds. An Alarm Business which monitors and reports Altum notifications to the City of Coa:pus Christi must maintain designated records for a period of at least thirteen (13) n>>nths following the retf1est for police di$p81ch to an alarm site. Records must include the name.. address and tele.phone number oCthe alll1nD user. address of the alarm site. the alarm system zone(s) or point( s) activated. the time of request for police dispatch. and evidence that an attempt to verify was made to the alarm site prior to the request for police di$p&tch. and if ~plicable. time of cancellation of police response. The Chief of Police. or designee, may request copies of such records far individually named alarm users or pennit holders. "Sec. 3 %-17. Alarm systems in aoartmeot COIIIoleIes. The owner or pro.J>el1Y manqer of an ~artment complex shall obtJlin a se.parate alarm pcnUt for an Jlla.nn system operated in nonresidential areas of the apartment complex. TIle owner or property mAn~ier of an apartment COII\Plex in which an .IArm system is installed in one or more individual residential units shall disconnect the alarm system in allY vacant residential wait or be resJ)Oosible for payment of all service fees for any false alarm notification emitted from an alarm system in any vacant residential unit in the ~ent complex. "See. 3 %-18. ~1.1'IIl systelB oerformaoce reviews. If there is reason to believe that an alarm system is not being used or maintained in a ..,.mer that 8\Gures pr~ o.peration and reduction of fAtsealarm notifications. the Chief of Police. or designee. may require a conference with a vennit holder. If the permit holder fails to attend a conference. after receiVih8 notice. an administrative fee of twenty- five dollars ($25) may be imposed against the permit holder and the Chief afPolice. or designee. may revoke an alarm permit for failing to attend the conference. "Sec. 3 %-19. Information recorded. The COlpUS Christi Police De.partment shall record calls made in response to alarms. includins but not limited to the following information. if available: A. Identification of the permit holder: B. Identification of the alarm site: C. Arrival time And time call cleared: D. Time of day and date: E. Physical damage to the structure likely to have caused the alarm: and 7 F. Name of the permit holder's rej)resentative on premises.. ifany. "See. 3 ~2o. AI..... ......iraeation. The ~di"'g officer shAll fq)Ort whether the notification was caused by a criminal ofense or other physical damase to the structure likely to have caused the ;I;~ whi~ classifiqtion will determine whether the alann is a filIse alarm notification. DuriJII periosH of__~. such III thundemonns and high winds. or ~of wide-~ power &ilure. the COlJ)us Christi Police I>eJlartment may sus,pend resj)O to intrusion alarms. During such times. no re,p<uted alarms will be entered as false A"nn~. ARTICLE IIJ, REVOCATION OF ALARM ,J:RMIT "SK.. 3 %-21. Revocadll. of ~ (a) The Chief of Police will revoke an alarm permit upon a determination of anyone of the following: 1. There is a false statement of a material matter in the a.pplication for a permit: 2. The permit holder has violated any provision of this Ordinance: 3. TIle permit Ilolder has failed to make timely payment of fees assessed under Sec. 3 Y2"'6. above: or 4. An alarm system was IDllnnJllly activated in violation of Sec. 3 %-8 (}>). (b) An alarm permit shall be automatically revoked if the alarm system has caused more than eight (8) false alarm disjlatch requests during the preceding twelve (12) month period. ARTIQLE IYt APPEALS "See. 3 %-22. Aooeal fro. service fee: aooeal of denial or revocation of a oeman. (~) Any permit holder aagrieved by the decision to assess a service fee by the Chief of Pqjice Qr Ilis ~i~~ .estll\lI!ive M pro~.4ed for in See, 3 ~. ~ the decision to the City Ma~ier by filing with the City Man.,er a written _ for a Ju.ri~g.. settina forth the reasons for the a.pJ>e&1 within ten (10) days after ih; Chief of Police. or his designee. renders the decision. The filing of a request for an -;Pj)eal h~ng with the City Manager ~s an action of the Chief of Police in assessing a Service fee until the City Manager. or designee. makes a final decision. Ifa request for an ap~ 8 "riD, is not made within the ten-day period. the action of tile Chief of Police. or delignee. is finAl. lb) lithe ChierofPolice refuses to issue or revokes a permit. the Chief of Police shan send to the apj)licant or permit holder by certified maiL return recei,pt reqJlested. written notice ofms action and a statement of the right to an ~ppeal. The ~licant or permit holder may apJle&l the decision of the Chief of Police. or desiiDee. to the City ManAger by filing with the City Manaier a written request for a heariIlJ. setting forth the reasons rOf the ~ within tell (10) days after receipt of the notice from the Chief of Police. or d.ignee. The tilinB of a request for an ap,pea1 heariDi with the city man3ger. or designee. stlys an action of the Chief of Police in revolcin~ a permit until the City Manager. or designee. malees a final decision. If a request for an appeal hearing is not made within the ten-day period. the action of the Chief of Police is final. {(() The City Manager. or da4lignee shan serve as hearing officer at an a,p.pea1 and (,.BI1~der evidence by any interested person. The formal rules of evidence do not apply at an appeal hearing: the hearil18 officer shall make his decision on the basis of a pnaxmderance of the evidence presented at the hearin~. The hearing officer must render a decision within thirty (0) days after the request for an I\Ppeal hearing is filed. The hearing officer shall affirm. reverse. or modify the action of the Chief of Police. The decision of the hearing officer is final as to administrative remedies with the city. ARTICLE V. VIOLATIONS "See. 3 %-23. Violatiou and oenaItv. (a) A person commits an offense if the persorrviolates by commission or omission any provision of this Chapter of the Code of the City of Cor.pus Christi that imposes upon them a duty or res.ponsibility. (b) A person who is required to have a permit under this Chapter commits an offense if the person knowingly o,perates. or causes or permits to be operated an alarm system without a current alarm permit issued by the Chief of Police. ((() A person who is req.uired to have a permit under this Chapter commits an offense if tile person knowingly QpeIlltes. or causes or permits to be operated an alarm system during the period in which the alarm permit is revoked. (d) A person who violates a provision of this Chapter is guilty of a separate offense for each violation committed. or for each violation that continues from one day to the next. and each offense is punishable by a fine of not more than Five Hundred and Noll 00 Dollars ($500.00). "Sec. 3 Yz-24. Coroorations. oartnenhios and associations. 9 . {g addition to ~ ~ reouirUlf ~in ~nntb~u::.~. ~~ ~ ~f this C~fIlr to hold a colJKX1l1:lon- oartrlenhip or other _ In ly ble Jilr aq. or omi~sions porlormed by an 8lleIIt Icripg on beba1f~f~ ~.: nertnership or other AQ~Mion. and within the scOpe of their em,p 0 nt " Sec. 3 ~2S. No Dutv. This Cluwter 3 ~ is ~nActM as an exercise of the c$r's police power. and no fee or provisipn in it shall creole 8IlY duty of the ciU' or 8IlY Ilf it, llfficm or:~IOY= ~y person. nor wll the city or any officer or enwloyee be liable for Illy .. no. ion associated with an alarm or any activity under this c-J1"pter. . . . * * 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 hereof 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. SJ:CfION S. This ordinance goes into effect on August 1, 2006. SECTION 6. Penalties are as provided in this chapter. ATTEST: CITY OF CORPUS CHRISTI Annando Chapa City Secretary Henry Garrett Mayor Approved as to form J v I ~ I z.. 2006. By: Joseph Harney Assistant City Attorney For City Attorney 10 ...... ,..,- city of Corpus Christi, Texas That the foregoing ordinance was read for the first time and passed to its second reading on this the__ day of___~ 2006, 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 . 2006, 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 . 2006. 11 (f) . AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 9, AVIATION, BY CREATING SECTIONS 9-65 THROUGH 9-67 PROVIDING FOR RENTAL USES AND RATES; RENTAL AND USER AGREEMENTS; CITY OWNED EQUIPMENT; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WI-EREAS, the City of Corpus Christi desires to amend the City of Corpus Christi Code of Ordinances Chapter 9 Aviation, by providing for rental uses and agreements; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 9 of the Code of Ordinances of the City of Corpus Christi is amended by creating Section 9-65, Rental and User Agreements; Section 9-66, Rental Rates; and Section 9-67, City Owned Equipment, to read as follows: "Sec. 9-65. Rental and User Agreements. (a) The director of aviation is empowered to prepare and sign user or rental agreements for the rental of conference rooms and/or equipment of the Corpus Christi International Airport. All user and rental agreements shall be signed by the director of aviation or the city manager's designee under the following conditions: (1) The form of every instrument used for a particular purpose shall be approved by the city attorney, provided I however, that this does --not require the signatory approval of the city attOrney on each document executed pursuant to this section; and (2) All blanks are filled and information is provided as required by the form instrument. Verbal arrangements to rent are not recognized under any circumstances and this article and the contracts and agreements shall constitute the whole agreement between the parties and may not be altered unless done so in writing, signed by authorized representatives of both parties. (b) All agreements shall provide that parties contracting for the use of conference rooms or other property shall hold the city harmless from any and all liability for any claim or claims as a result of use of the premises, equipment, or other property and shall indemnify the city in case of any claims resulting from their operations, use, or occurring as a result of their occupancy of the premises or use of property and all agreements shall specifically include such provisions (c) The director of aviation shall apply any deposit against any amounts owed to the City of Corpus Christi for use of the property/facilities, and the director may refuse to enter into any agreement until any and all amounts due the city by any applicant or organization, or by any organization which the applicant has represented, have been paid in full. (d) The director, or his representative or designee, may enter rented facilities at anytime for the purpose of ensuring that parties comply with the provisions of this article or the applicable agreement. """"'"' ,,- Sec. 9-66. Rental Rates. The director of aviation shall prepare a schedule of rental rates for the use of the cOflference rooms. 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 nor grossly deficient by comparison; provided however, no such rates shall inaease annually by more than twenty-five (25) per cent, 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 director shall have the authority to negotiate special rates for special situations. Sec. 9-67. City-owned Equipment. untess specifically stated in an agreement, the use of city-owned equipment is not included in the rental of conference rooms. The director shall prepare a list of city-owned equipment that is available for rent and recommend fees for its use. This fee schedule shall be submitted to the city manager for approval. Such fees shall bear a reasonable relation to c08t and depreciation of such equipment to allow the city to recover the acquisition, maintenance. and replacement costs of such equipment as necessary. The approved schedule shall be filed with the city secretary and copies shall be provided to the city council " SliCnON 2. The fees established in Section 1 of this ordinance shall take effect and be a"'ied against all service provided on or after August 1,2006. secnoN 3. If for any reason any section, paragraph, subdivision, clause, phrase, word, or ,rovision of this ordinance shall be held invalid or unconstitutional by final judgment of a cowt of competent jurisdiction, it shall not affectany 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 heteof be given full force and effect for its purpose. 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. """","" ,'.... That the foregoing ordinance was read for the first time and passed to its second reading on this the of , 2006 for the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of of 2006, by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jeny Garcia APPROVED AND PASSED on this A TIEST: Armando Chapa, City Secretary APPROVED: July 13, 2006 ~ Assistant City Attorn y For City Attorney """'!IIIP',c"" Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott dew of , 2006. Henry Garrett, Mayor (g) AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 9, AVIATION, BY CREATING SECTION 9- 64 PROVIDING FOR A FEDERAL INSPECTION FEE OF $2.50 PER INTERNATIONAL FLIGHT PASSENGER, ASSESSED TO THE AIRLINE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City of Corpus Christi desires to amend the City of Corpus Christi Code of Ordinances Chapter 9 Aviation, by providing for a federal inspection fee; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 9 of the Code of Ordinances of the City of Corpus Christi is amended by creating Section 9-64, entitled Federal Inspection Fee, to read as follows: " Sec. 9-64 Federal Inspection Fee. (a) The airport is hereby authorized to collect two dollar and fifty cents ($2.50) per international passenger, assessed to the airline with which said passenger is traveling. (b) Nothing in this section shall prevent the director of aviation from waiving fees as part of a city council approved incentive package." SECTION 2. The fees established in Section 1 of this ordinance take effect and may be applied against all service provided on or afterAugust 1, 2006. 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 hereof be given full force and effect for its purpose. 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. -'IIIlI!P".....,- Thet the foregoing ordinance was read for the first time and passed to its second reading on this the of I 2006 for the following vote: Henry Garrett Brent Chesney John E Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of of 2006, by the following vote: Henry Garrett Brent Chesney John E Marez Melody Cooper Jeny Garcia APPROVED AND PASSED on this ATTEST: Armando Chapa, City Secretary APPROVED: July 13, 2006 ~~ Assistant City Attorney For City Attorney 1lIII!IIJI't'- ---~ Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott dav of ,2006. Henry Garrett, Mayor AN ORDINANCE (h) AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2, ADMINISTRATION, CREATING A LIBRARY COLLECTION FEE OF $10 TO BE ASSESSED ON ANY ACCOUNT OF $25 OR MORE THAT IS UNPAID FOR 60 DAYS OR MORE, AND IS REFERRED FOR COLLECTION TO A PRIVATE VENDOR; PROVIDING AN EFFECTIVE DATE; 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 2-79 of the Code of Ordinances is revised to read as follows: "Sec. 2-79. Fees (a) Overdue fees: (1) Each library item, per day. . . $0.25 (2) Maximum overdue fee ... Actual replacement cost or original cost of item, whichever is greater (b) Annual nonresidentlibrary fee. . . $25.00 The annual nonresident library fee does not apply to the following members of the armed forces and their dependents: Members stationed: (1) within the city limits; (2) at the US Naval Station, Ingle&ide, Texas; or (3) at the Coast Guard Station, Port Aransas, Texas. ~ Collection fee ... $10 Anv account of $25 or more that is unpaid for 60 days or more. and is referred for collection to a private vendor shall be assessed a $10 collection fee. n SECTION 2. The fee established in Section 1 of this ordinance shall take effect and be applied against all service provided on or after August 1, 2006 and will be effective through July 31. 2007. 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 hereof be given full force and effect for its purpose. 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. ............ That the foregoing ordinance was read for the first time and passed to its second reading on this the of ,2006 for the following vote: Henry Garrett Brent Chesney John E Marez Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott Melody Cooper Jerry Garcia That the foregoing ordinance was read for the second time and passed finally on this the day of of 2006, by the following vote: Henry Garrett Brent Chesney John E Marez Bill Kelly Rex A. Kinnison Jesse Noyola Melody Cooper Mark Scott Jerry Garcia APPROVED AND PASSED on this __ day of AlTEST: ,2006. Armando Chapa, City Secretary Henry Garrett, Mayor APPROVED: July 13, 2006 ~ AslIstant City Attorney For City Attorney ~"'- 39 CITY COUNCIL AGENDA MEMORANDUM July 18, 2006 AGENDA ITEM: An ordinance adopting the City of Corpus Christi Budget for the ensuing fiscal year begiming August 1, 2006; to be filed with the County Clerk; appropriating monies as provided in the budget; and providing for severance. ISSUE: The City Charter requires the City Council adopt the annual operating budget appropriating proposed revenues and expenditures prior to August 1 st of .each year. BACKGROUND: The proposed FY 2006-07 Operating Budget was submitted to Council on May 30. 2006. Subsequently, the Council has received four presentations covering vaious departments, funds and issues. On July 11, 2006, Council passed a motion to move $262,330 of debt for the Columbus Ships from the 1030 Hotel Qecupancy Tax Fund to the 2010 General Obligation Debt Fund. The appropriations in the 1030 Hotel Occupancy Tax Fund will remain the same while the appropriations in the 2010 General Obligation Debt Fund will be increased by $262,330. This item is included in the attached amendment. Amendment #1 - Increase General Obligation Debt Fund appropriations to fund ttE debt service payment for the Columbus Ships. FUTURE COUNCIL ACTION: July 25, 2006 - Second reading of Ordinance adopting the City of Corpus Christi Operating Budget for FY 2006-07, to be amended as needed subject to receipt of Certified Tax Roll from Nueces County Appraisal District. REQUIRED COUNCIL ACTION: Approval of Ordinance as submitted. 4rif~ EdcUe Houlihan Assistant Budget Director ...... ..- City of Corpus Christi AoIendments to the FY2006-2007 Proposed Budget l~r.1 ObaiR_tion Debt Fund - 2010 I PrOposed Expenditures A diustments . Amendment #1 Increase appropriations for Columbus Ship debt $ 30,740,148 262,330 Total Adjusted Expenditures $ 31,002,478 ......-- "--- AN ORDINANCE ADOPTING THE CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1, 2006; TO BE FILED WITH THE COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE BUDGET; AND PROVIDING FOR SEVERANCE. WHENEAS, 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 1,2006, and ending July 31,2007, 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: SEC110N 1. That the Budget of the City of Corpus Christi, covering proposed expenditures amounting to $564,673,690 and estimated revenues amounting to $566,263,087 for the Fiscal Year beginning August 1, 2006, and ending July 31,2007, as submitted by the City Manager, with modifications directed by the City Council and recorded in its minutes being incorporated by reference, is adopted. SEC'ftON 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 2006-2007) 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 applicabfe 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 - 1 5 Commander - 6 rlleg.dir\lisalordmanc,~ 2006,FY06-07Budgel OrdlllaDCe71'20069 2' \4 .\M Assistant Chief - 1 Chief - 1 FY06-07 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 ~orarily increased by graduates from a police academy authorized by the City ".,~gert which temporary increase shall be reduced to authorized strength through attrition. SECTION 4. Firefiahter 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 FY06-07 TOTAL 395 *This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which tempgrary increase shall be reduced to authorized strength through attrition. seCTION 6. 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:Ileg-dir\lisalordmance 2006\FY06-07Budgel ordinance?1 i 312006922 54 AM .~. "- That the foregoing ~~~nce wa~r d f the first time and passed to its second reading on this the -lLLlJay of _ /' I 2006, by the following vote: , Henry Garrett ,J Rex A. Kinnison ~ Bill Kelly John E. Marez Jerry Garcia Mark Scott Brent Chesney Melody Cooper Jesse Noyola That the foregoing ordinance was read for the second time and passed finally on this the Day of_~_ ,2006, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John E. Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bitl Kelly PASSED AND APPROVED this the Day of ,2006. ATTEST: Henry Garrett Mayor Armando Chapa City Secretary APPROVED: July 13. 2006 , iJ'vL ~ Lisa Aguilar Assistant City Attorney for City Attorney H:\leg-dir\hsalordinance 2006\FY06-07Budget ordmance7.'13/20069 24:09 AM ........----