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HomeMy WebLinkAboutAgenda Packet City Council - 04/08/2008CI'T'Y COUNCIL AGENDA APRIL 8, 2008 11 :45 A.M. - Proclamation declaring Saturday, April 12, 2008 as "Special Olympics South Texas 25th Anniversary Spring Games Day" Proclamation declaring Saturday, April 19, 2008 as "Earth Day -- Bay Day Celebration" and the month of April, 2008 as "Earth Month" Proclamation declaring the weekend of April 11 -13, 2008 as "Generosity Weekend" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 APRIL 8, 2008 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. . or at the end of the Council fleeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. if you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si listed desea dirigirse al Concilio y cree clue su ingl s es limitado, habit un int r rete ingl s- espariol en today las juntas del Concilio pars ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City secretary's office at 364- 826 -310 at least 46 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 Deacon Michael Mantz, Corpus Christi Cathedral. 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 or Henry Garrett Mayor Pro Teri Bill Kelly Council Members: Melody Cooper City Manager George K. Noe Larry Elizondo, Sr. City Attorney Mary Kay Fischer Mike Hummel! City Secretary Armando Chapa Priscilla G. Leaf Michael- McC t hon John E. Mare Nelda Martinez E. MINUTES: 1. Approval of Regular Meeting of March 25, 200 8. (Attachment # 1 Agenda Regular Council Meeting April 8, 2008 Page 2 c1TY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: Attachment # 2) I 2. Board of Adjustment Building Standards Board Coastal Bend Health Facilities Development Corporation Community Youth Development (78415) Program Steering Committee Leadership Committee for Senior Services G. EXPLANATION OF COUNCIL. ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinanes._ if deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CITY MANAGER'S S REPORT Upcoming Items I. QQNSENTAGENDA Notice to the Public The following items are ofa routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS RESOLUTIONS ORDINANCES AND ORDINANCES FRONT PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Agenda Regular Council Meeting April 8, 2008 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to Legend at the end of the agenda summary) 3. Motion approving the purchase of one 1 backhoe from Doggett Heavy Machinery Services, Ltd., of Corpus Christi, Texas for a total amount of $85,166.04. The award is made in accordance with the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The equipment will be used by the Water Department. Funding is available in the Capital Outlay Budget of the Maintenance Services Fund. (Attachment # 3) 4. Motion approving the purchase of a commercial water slide from Kraftsman Playground and Park Equipment, of Spring, Texas for the total amount of $73,848.28. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The water slide will be installed at the Greenwood Swimming Pool. Funds are available in the Parks and Recreation 2005 Capital improvement Project (CIP) fund and Parks, Arts, Leisure, and Seniors Account (PALS). (Attachment ## 4) 5.a. Resolution authorizing the City Manager or his designee to accept a grant of $25,000 from the Coastal Bend council of Governments and execute an Interlocal Agreement to provide recycling and anti- litter education. (Attachment ## 5) 5.b. Ordinance appropriating a grant of $25,000 from the Coastal Bend Council of Governments in the No. 1051 Solid Waste Grants Fund to provide recycling and anti- litter education. (Attachment ## 5) 5.c. Resolution authorizing the City Manager or his designee to accept a grant of $6,120 from the Coastal Bend Council of Governments and execute an Interlocal Agreement to provide household hazardous waste equipment and supplies. (Attachment ## 5) 5.d. Ordinance appropriating a grant of $6,120 from the Coastal Bend Council of Governments in the No. 1051 Solid Waste Grants Fund to provide household hazardous waste equipment and supplies. (Attachment ## 5) Agenda Regular Council Meeting April 8, 2008 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6. Motion authorizing the City Manager or his designee to execute a contract with Molly Merkle le (Artist) for the design, production, installation, and purchase of an abstract carved brick facade, which is part of the building structure, in the amount of $32,743,12 as part of the Percent for Art program associated with the Southside Library construction project. (Attachment ## 6) 7.a. Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the Summer Food Service Program grant in the amount of $417,000 from the Texas Health and Human Services Commission to operate a Summer Food Service Program for Summer Recreation Program participants ages one to eighteen years. (Attachment # 7) 7.b. Ordinance appropriating a $417,000 grant from the Texas Health and Human Services Commission in the No. 1067 Parks and Recreation Grant Fund to operate a Summer Food Service Program for summer recreation participants ages one to eighteen years. (Attachment # 7) 7.c. Resolution authorizing the City Manager or his designee to execute an Interloal Cooperation Agreement with Corpus Christi Independent school District to provide summer food services for summer recreation. (Attachment # 7) 8.a. Resolution authorizing the City Manager or his designee to accept a $20,987 grant awarded by the Corporation for National and Community Service for RSVP. (Attachment # 8) .b. Ordinance appropriating a $20,987 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund for RSVP. (Attachment # 8) 9.a. Resolution authorizing the City Manager or his designee to accept a $5,381 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. (Attachment # 9) Agenda Regular Council Meeting April 8, 2008 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 9.b. Ordinance appropriating a $5,381 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund for the Senior Companion Program. (Attachment # 9) 10.a. Motion authorizing the City Manager or his designee to execute all documents necessary with the U.S. Department of Housing and Urban Development to accept and implement the 2007 Continuum of Care grant for homeless supportive housing program renewals. (Attachment # 10) 10.13. Ordinance appropriating a grant of $1,009,759 from the U.S. Department of Housing and Urban Development for the 2007 Continuum of Care grant program in the No. 1071 Community Enrichment fund for homeless supportive housing program renewal projects and activities. (Attachment # 10) 10.c. Motion authorizing the City Manager or his designee to execute subrecipient agreements for funds provided from the 2007 Continuum of Care grant which includes: 1 $119,706 for Nueces County Mental Health and Mental Retardation Community Center; (2) $1 34,971 for Wesley Community Center; (3) $309538 for the Salvation Army; $142,720 for Goodwill Industries of South Texas, Inc.; 5 $142,569 for Coastal Bend Alcohol and Drug Rehabilitation Center d.b.a. Charlie's Place; (6) $160,255 for Corpus Christi Metro Ministries, Inc., for homeless supportive housing program renewals projects and activities. (Attachment# 10) 11.a. Ordinance appropriating X3,410 from unappropriated settlement proceeds in the No. 3160 City Hall Capital improvement Program SIP Fund; transferring to and appropriating in No. 1020 General Fund for the Community Visioning Project; changing FY 2007 -200 Capital Budget adopted by Ordinance 027546 by increasing appropriations by $49,410; changing FY 2007-2008 Operating Budget adopted by Ordinance 027352 by increasing revenues and appropriations by $49,410 each. Attachment # 11) 11 Resolution authorizing the City Manager to execute an lnterlocal Cooperation Agreement with Texas A &M University — Corpus Christi for the Community Visioning Project. (Attachment # 11) Agenda Regular Council Meeting April 8, 2008 Page 6 CITY COUNCIL CIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 12. Motion authorizing the City Manager to execute a professional legal services agreement with Tim Brown for legal services related to legislative and regulatory matters dealing with water legislation, water rights, general water issues, environmental issues, and other matters as directed by the City Manager or City Attorney. (Attachment ## 12) 1l.a. Ordinance authorizing the City Manager or his designee to execute a lease agreement with the Buccaneer Commission, Inc. ("Commission") for 2008 Buccaneer Days Festival and related activities to allow use of Shoreline Boulevard from Power Street North up to and including Barge Dock area, and additional lots bounded by South Shoreline, Water and Palo Alto and Resaca Streets; during April 19 through May 7, 2008, provide for Commission paying 50% police overtime, and 100% of all other City costs and fees. (Attachment # 13) 13.b. Motion approving a $5.00 admission fee and/or $3,00 admission fee for adults (depending on date) and $3.00 admission fee per day for seniors, children under the age of 17 and persons with disabilities for Buccaneer Days Festival from April 23, 2008 through May 4, 2008. (Attachment # 13) 14. Motion approving the application from the Buccaneer Commission to temporarily close the following street sections for the 7th Annual "Buc Days BBC Challenge, and the annual Buccaneer Days Carnival and Rodeo" Festival beginning at 8 :00 a.m. Saturday, April 19, 2008 through 5:00 p.m. Tuesday, May 6, 2008: (Attachment ## 14) A, The temporary street closures of Shoreline Boulevard, northbound and southbound between the north side of Power Street and the Art Museum of South Texas for the 7th Annual Buc Days Rodeo and BBQ Challenge beginning at 8 :00 a.m. Saturday, April 19, 2008 to 5:00 p.m. Tuesday, May 6, 2008. B. Additionally, Fitzgerald Streets and Resaca Street between Southbound Shoreline Boulevard and Water Street will require temporary closures for the annual Buc Days Rodeo, Buc Days Carnival, and BBQ Challenge Agenda Regular Council Meeting April 8, 2008 Page CITY COUNCIL PRIoRirif 1 sS U ES (Refer to legend at the end of the agenda summary) beginning at 8 :00 a.m. Saturday, April 19, 2008 to 5 :00 p.m. Tuesday, May 6, 2008. C. In cooperation with the Texas Department of Transportation, North Broadway Street, including under U.S. Highway 181 Harbor Bridge, between Fitzgerald Street and Brewster Street will require temporary closure for staging of professional rodeo cowboys trukltrailers beginning at 8 :00 a.m. Sunday, April 20, 2008 to 9 :00 p.m. Monday, April 28, 2008. D. Temporary street closure of north portion of Fitzgerald Street between North Broadway Street and Mesquite Street beginning at 8:00 a.m. Sunday, April 20, 2008 to 9:00 p.m. Monday, April 28, 2008. E. Temporary street closure of Water Street between Fitzgerald Street and Resaca Street beginning at 8:00 a.m. Saturday, April 19, 2008 to 5:00 p.m. . Tuesday, May 6, 2008 for the Buc Days Challenge, Carnival, and Rodeo. F. Temporary street closure of the East half of Palo Alto Street between Water Street and Shoreline Boulevard beginning at 8 :00 am. Saturday, April 19, 2008 to 5 :00 p.m. Tuesday, May 6, 2008 for the Buc Days Challenge, Carnival, and Rodeo. 15. Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the Contract for Professional Services with HDR Shiner, Moseley and Associates, Inc. in the amount of $60,000 for a total restated fee not to exceed $692,731.24, for construction management and inspection services on the Greenwood Drive Phase 1 Project from Gollihar Road to &. P.1. . (BOND ISSUE 2004) (Attachment # 15) 16. Resolution determining a public necessity to acquire right-of- way easements for a street improvement project, known as the Wooldridge Road Street Improvements, Phase 1 Project, on two tracts of land known n as Parcels 2 and 6; for the public purpose and use as street improvements and for other related purposes} Agenda Regular Council Meeting April 8, 2008 Page CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of negotiations or exercise of the City's power of eminent domain. (BOND ISSUE 2004) (Attachment # 16) 1.a. Motion approving the amount of monies to be paid as cash in lieu of construction of Acushnet Drive, a half-street in accordance with the Platting Ordinance Section IV — Design Standards Subsection A.12.01). . (Attachment # 17) 17.b. Motion authorizing the City Manager or his designee to execute a Half - Street Deferment Agreement with Shell Land Management Co., Inc. (Developer), in the amount of $135,240 for public improvements including: pavement, curb, gutter, sidewalks, s, wastewater, water and drainage associated with the future construction of Acushnet Drive adjacent to the south property line of Saratoga Weber Plaza, Block k 9, Lot 6, located south of Saratoga Boulevard and west of Jefferson Road, in accordance with the Platting Ordinance Section IV — Design Standards, Subsection A.12.c). (Attachment # 17) 1 8. Second Reading Ordinance — Amending the Code of Ordinances by amending Section 2 -311, Standards, and Section 29-49, City Marshals, regarding use of City equipment by Licensed Peace Officers and Firefighters on approved off-duty assignments; ents; providing for effective date, providing a repealer clause. (First Reading 03/25/08) (Attachment ## 18) 19. Second Reading Ordinance — Amending Chapter 14 "Development Services," Article 11 "Administration of Technical Construction Codes," Division 8 Residential Code, Section 14-- 291 Residential Construction Code, of the Corpus Christi Code of Ordinances to exempt single - family structures built in compliance with the zero lot line ordinance from having a one- hour fire - resistive rating with exposure from both sides for exterior walls on the zero lot line side; providing for publication; providing an effective date; and providing a repealer clause. (First Reading 03/25/08) (Attachment # 19) Agenda Regular Council Meeting April 8, 2008 Page 9 c1TY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 20. Second Reading Ordinance - Amending Chapter "Development Services," Article 11 "City of Corpus Christi Technical Construction Codes," Division 7 "Plumbing Code," Section 14-281 "Plumbing code," of the Code of Ordinances, City of Corpus Christi, to require annual testing of back- flow prevention devices; to provide for reporting results of the annual tests of back -flow prevention devices; providing a repealer clause; providing a penalty clause; providing for publication; and providing an effective date. (First Reading 03/25/08) (Attachment # 20) 21.a. Motion to amend prior to Second Reading of Ordinance by substituting with revised ordinance. (Attachment # 21) 21.b. Second Reading Ordinance — Amending Chapter 14 "Development Services," Article XIII "Development ent Service Fees" Division 1 "Technical Construction Code Fees," Section 14-1302 "Standardized Building Valuation," Section 14-1304 "Processing and Plan Review Feet" Section 14-1306 "Special Fees," Section 14 -1308 "Refunds," Section 14-1311 "Contractor Registration Fees," Section 14-1312 "Accounting," and Section 14-1313 "Technical Construction Code Fee Schedules" of the Code of Ordinances, City of Corpus Christi, to provide for standardized building valuation, the time for payment of the nonrefundable processing and plan review fee, fees for duplicate Certificate of Occupancy and multiple plan review fees, refunding fees, lawn irrigator and backflow prevention assembly tester registration fee, and accounting of the fee revenues and expenditures; and repealing Chapter 14 "Development Services," Article XIII "Development Services Fees" Division 1 "Technical Construction Code Fees," Section 14-1309 "Fees Rounded Off' of the Code of Ordinances, City of Corpus Christi, to delete the provision for rounding of permit fees; providing for fees for existing applications made prior to the effective date; providing a repealer clause; and providing an effective date. (First Reading 03/25/08) (Attachment # 21) Agenda Regular Council Meeting April 8, 2008 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) J. PUBLIC HEARINGS: Street Closure 22. Public Hearing and First Reading Ordinance to consider abandoning and vacating a 7,293 - square foot portion 50' wide x 148' long) of an undeveloped and unsurfa ed, dedicated public right -of -way (Charlotte Drive) out of Lot 1, Block 1, and Lot 1, Block 2, Tropic Heights Unit 2, adjacent to and south of the Mediterranean Drive public right-of-way, subject to owner's compliance with the specified conditions. (Attachment # 22) Creation of Storm Water Utility 23. Public hearing to consider adoption of an ordinance to establish a storm water utility. (Attachment # 23) Consolidated Plan/Annual Action Plan (To considered at approximately 3 :00 p.m.) 24a. Public Hearing regarding the City of Corpus Christi's proposed FY 2008 -2012 Consolidated Plan, which includes the Community Development Block Grant C BG , HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs. (Attachment # 24) 24.b. Public Hearing regarding the City of Corpus Christi's proposed FY 2008 Consolidated Annual Action Plan for the Community Development Block Grant C BG , HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs. (Attachment # 24) 24.c. Council discussion and possible recommendations on a list of projects/activities to be funded. (Attachment # 24) K. SPECIAL PUBLIC HEARING: Property tax Abatement 25. Resolution electing to be eligible to participate in tax abatement and adopting tax abatement guidelines and criteria. (Attachment # 25) Agenda Regular Council Meeting April 8, 2008 Page 11 CITY COUNCIL PLOFIT ISSUES (Refer to legend at the end of the agenda summary) 26.a. Public hearing to consider designating the Barney M. Davis Plant a reinvestment zone within the City of Corpus Christi, Texas under the Property Redevelopment and Tax Abatement Act (Chapter 312 of the Texas Tax Code). (Attachment # 26) 26.b. Ordinance designating the Barney M. Davis Plant a reinvestment zone within the City of Corpus Christi, Texas under the Property Redevelopment and Tax Abatement Act (Chapter 312 of the Texas Tax Code). (Attachment # 26) 26.c. Resolution authorizing the execution of an agreement with Barney M. Davis, LP, providing for temporary property tax abatement. (Attachment # 26) L. REGULAR AGENDA, CONSIDERATION OF MOTIONS RESOLUTIONS, AND ORDINANCES: 27. Motion authorizing the City Manager or his designee to develop and enter into a three-year contract with two ore --year renewal options between the City of Corpus Christi, Texas and Humana Inc., of Louisville, Kentucky to administer the city's self- funded health and dental plans, to provide and administer a provider network, and to provide for a contract for specific stop loss insurance coverage and pharmacy benefit management. (Attachment # 27) 28.a. Resolution approving the following projects to be funded through the issuance of Tax Notes: South Guth Ball Fields Relocation Project, Improvements to the Facilities within Bayfront Arts and Sciences Park (which includes the American Bank Center, Museum of Science and History, Water Garden, Harbor Playhouse, and Art Museum of South Texas), Solid Waste Equipment, Street Equipment, and Street Improvements. (Attachment # 28) 28.b. Resolution expressing official intent to reimburse costs of Solid Waste Equipment to be funded through the issuance of Tax Notes. (Attachment # 28) Agenda Regular Council Meeting April 8, 2008 Page 12 CITY COUNCIL PITY ISSUES (Refer to legend at the end of the agenda summary) 29.a. Ordinance appropriating $408,676 from the unappropriated fund balance in the Maintenance Services Fund No. 5110 for the purchase of two (2) 46 -foot truck trailers and two (2) Peterbilt truck tractors; changing the FY 200 7-2008 Operating Budget adopted by Ordinance No. 027352 by increasing appropriations by $408,676 (Attachment # 29) 29,b. Motion approving the purchase of two (2) 46-foot truck trailers from Rush Equipment Center of Texas, Inc. of Houston, Texas for a total amount of $150,654. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council of Governments (HGAC). These truck trailers are additions to the fleet and will be used by Solid Waste Services. Funds are available through the Maintenance Services Fund. (Attachment # 29) 29.c. Motion approving the purchase of two (2) Peterbilt truck tractors from Rush Truck Center of Houston, Texas for a total amount of $258,022. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). These truck tractors are additions to the fleet and will be used by Solid Waste Services. Funds are available through the Maintenance Services Fund. (Attachment 29) Grand Total (C): $408,676 30. First Reading Ordinance — Amending the Code of Ordinances, Chapter 2 "Administration," by creating the Clean City Advisory Committee and enacting enabling provisions; providing for publication, (Attachment # 30) 31.a. Motion to amend prior to second reading the ordinance amending the Comprehensive Plan of the City of Corpus Christi by amending the City of Corpus Christi Parks, Recreation & Open Space Master Plan by amending the Top Ten List of highest priority recreation facility needs in Section 92. (Attachment # 31) Agenda Regular Council Meeting April 8, 2008 Page 13 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 31.b. Second Reading Ordinance - Amending the Comprehensive Plan of the City of Corpus Christi by amending the City of Corpus Christi Parks, Recreation and Open Space Master Plan by amending the Top Ten List of highest priority recreation facility needs in Section 9.2; providing for repeal of conflicting ordinances. (First Reading 3/11/0 (Attachment # 31) M. PRESENTATIONS: (NONE) Public comment will not be solicited on Presentation items. N. PUBLIC COMMENT FROM THE AUDIENCE C N MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 2:00 P.M. OR AT THE IND OF THE, COUNCIL MEETING, WHICHEVER IS EARLIER_ PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR F 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 used se dirige a la junta y tree que so ingl s es limitado, habra un interprete inglOs-espatiol en la reunion de la junta pars ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, S, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT T RIGHTS. D. 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 Agenda Regular Council Meeting April 8, 2008 Page 14 art COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) session on the following matters. In the event the Council elects to go into executive session regarding ing an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. P. ADJOURNMENT: POSTING STATEMENT: T: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 3: p.m., on April 2, 200 8. Armando Cha City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at wvinv.cctexas.com after 7:00 p.m, on the Wednesday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Thursday morning. Symbols used to highlight action items that implement council goals are on attached sheet. UPPLE~IENTAL AGENDA RE~~LAR oUIVDIL ~IEETIN DITY of oRPU HRITI, TEA DITY HALL ~ DoUNDIL HA~IBER 120 LEOPARD APRIL 8, ~~0~ 1 ~;~~ A.~111. ~~~~ ~~~ ~ ,~ ~ `~ r ~ ~~~ ~ ~~ ~p ~ ~~~ {~ ~ i . ,~`: ~ ~~ ~ ~ ~ ~~~, ~~~ ~ ~~~ ~. 4~, ~~ ~UBLI NOTICE is hereby given pursuant to Texas open Meetings Act, section S~.Ol4 of the follov~ring addition to the agenda of the City Council to be considered at the above meeting: ~. Ei~ECUT~IIE EION: ~~. Executive session pursuant to Texas overnn~ent Code, section 5~1.o~4r Personnel Matters, to deiiberate the appointment, erriployn~ent, evaluationt reassignment, duties, discipline, or disr~issal of the City ll~anager with possible action related thereto in open session. PoTINC STATEMENT: This supplerr~ental agenda was posted on the City's official bulletin board at the front entrance to City hull, ~ ~~ Leopard street, at ~ gym., April ~, ~oDB. Armando Cha~a City Secretary City Council Goals 2007 -2009 M t CO g P.-- -'v‘ --j<1 Vri)1947 Cat Develop Street Plan Texas A &M University — Corpus Christi Expansion Neighborhood Improvement Program (NIP) and Model Block Expansion Development Process Improvement Bond 2008 Coliseum Plan Master Plan Updates Improve Code Enforcement l PRESENT Mayor Henry Garrett Mayor Pro Tem Bill Kelly Council Members: Melody Cooper* Larry Elizondo, Sr. Mike Hummel' Priscilla Leal Michael McCutchon John Tare ** Nelda Martinez*** *Arrived at 10 :03 a.m. . * *Arrived at 10:36 a.m. ** *Arrived at 11 :11 a.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 25, 2008 -10:00 a.m. C� 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 Reverend Michael Brundeen with Jackson Woods Presbyterian Church and the Pledge of Allegiance to the United States flag was led by Council Member Bill Kelly. Mayor Garrett called for approval of the minutes of the regular council meeting of March 11, 2008 and the Council Retreat of February 18, 2008. A motion n was made and passed to approve the minutes_ as presented. * * * * * * * * * * * * Mayor Garrett referred to Item 2 and the following board appointments were made: Electrical Advisory Committee Regional_ Health Awareness Board Jared M. Merdes {Appointed} Margie Rose (Reappointed) Weed and Seed Steering Committee Judy Hendricks (Appointed) * * * * * * * * * * * * Mayor Garrett called for the City Manager's report. City Manager Noe introduced the new Director of Intergovernmental Relations Rudy Garza. * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 26 regarding an incentive agreem nt rith Corpus Christi Retail Ventures, LP. for the redevelopment of Padre Staples Mali. Assistant City Manager Oscar Martinez referred to a po werpoint presentation including background information; policy compliance; the proposed scope of the project; timeline; the initial and revised economic impact studies by the Perryman Group; Insight Research findings; the details of the agreement; and financial information. Minute — Regular Council Meeting March 2 ,2008 —Page2 Dr. Ray Perryman, The Perryman Group, responded to questions regarding the differences in the Perryman Group's economic impact studies and the analysis provided by Insight Research regarding retail potential for the area. Terry Montesi, CEO of Trademark Property Company, introduced the presentation team including Dr. Ray Perryman, David Pettit, Bill Morris, Kirby Smith, and Fred Walters. Mr. Montesi referred to a powerpoint presentation including an agenda; vision; designs for the new main entrance, outdoor lifestyle components, food court, and center court; site plan for Phases 1 and 2; policy overview; and the benefits of a public /private partnership. David Pettit, Gideon Toal inc., thanked staff for their assistance with structuring the agreement. Mr. Pettit spoke regarding statewide public /private partnerships and the benefits of a 380 agreement. Council members asked questions regarding whether Perryman's report states that two retail centers consisting of 1. 5 million square feet can co- exist; source of the dollars for net gain in retail sales; the measurement for unmet retail demand in Nueces and San Patricia Counties; the differences in the two impact studies; quality of the project; the investment in Phase 1; the City's contribution for actual improvement; relocations; development of off -site infrastructure and amenities; the capped reimbursement; developer's commitment; eligible reimbursements; properly tax growth rate; net present value; the base property tax for 2006; when the City received the property taxes for 2007 and why those figures were not used; and the use of local contractors. Mayor Garrett called for comments from the audience. Abel Alonzo, 1 701 Thames, spoke in support of the project and economic dev lopment. Craig Loving, 1037 Stirman, spoke regarding the use of local contractors and workers on the project. Dr. Nick Adame, 6318 Senators Drive, spoke in support of the project and the impact t on the community. Joan Veith, 5701 Cain Drive, spoke in support of the project and the proposed community room. City Secretary Chapa polled the Council for their votes as follows: 26. MOTION Na 20087081 Motion authorizing the City Manager to execute an Infrastructure Financing Agreement with Corpus Christi Retail Venture, LP (Developer) to set forth terms, conditions and obligations by which the Developer and the City intend to participate in the redevelopment and possible expansion of the Padre Staples Mali consisting of approximately one million square feet. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare z, and Martinez, voting "Aye}'. Mayor Garrett called for a brief recess to present proclamations and listen to public comment. * * * * * * * * * * Mayor Garrett called for petitions from the audience. Robert Algeo, 15629 Three Fathoms Bank Drive, spoke regarding the Wind Turbine Conference and the sea turtle memorial project on Whitecap Boulevard. Minute — Regular Council Meting March 25, 2008 -- Page 3 Mayor Garrett called for consideration of the consent agenda (Items 3 -1 . There were no comments from the public. Council members requested that Items 6, 7, 8, 9, and 12 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION TIoN No. 2003 -074 Motion approving the purchase of approximately 5,000 tons of aggregate rock from Vulcan Construction Materials, L.P., of San Antonio, Texas in accordance with Bid Invitation No. BI- 01 1 -03, based on low bid meeting specifications, for a total amount of $199,500. Funds have been budgeted by the Street Department in FY 2007-2008. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare and Martinez, voting 'Aye"; Cooper was absent. 4. ORDINANCE NO. 027611 Ordinance appropriating $31,727.82 from the State of Texas in the No. 1061 Police Grants Fund --• Law Enforcement Officer Standards and Education for training of police personnel and purchase of training equipment. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummel', Kelly, Leal, McCutchon, Mare and Martinez, voting "Aye "; Cooper was absent. 5. RESOLUTION NO. 027612 Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Commission sion on the Arts for a $10,000 grant to support the 2009 Festival of the Arts. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez and Martinez, voting "Aye "; Cooperwas absent. 10.a. ORDINANCE NO. 027615 Ordinance appropriating $69,115 from the Unappropriated Fund Balance in Maintenance Services Fund No. 5110 for concrete driveway repairs to the Vehicle Maintenance Fuel Facility; changing the FY 2007 -2008 Operating Budget adopted by Ordinance No. 027352 by increasing appropriations by $69,115. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare and Martinez, voting 'Aye "; Cooper was absent. tab. JO1ON No. 2003 -077 Motion authorizing the City Manager or his designee to execute a Job Order Contract with Alpha Building Corporation of Corpus Christi, Texas in the amount of $69,115 for the Vehicle Maintenance Fuel Facility to remove and upgrade the existing card reader and four fuel pumps, demolish the existing concretQ drive, deteriorated asphalt and the west fuel island and construct a new fuel island and concrete paving, and install underground conduit and electrical upgrades. Minutes -- Regular Council Meeting March 25, 2008 — Page 4 The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez and Martinez, voting "Aye"; Cooper was absent. 11. MOTION NO,2008-078 Motion authorizing the City Manager or his designee to execute Change Order No. 8 to a constriction contract with Haas- Anderson Construction in the amount of $146,532 for the Traffic Congestion Management program for an alternate access road in and out of Moore Plaza. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez and Martinez, voting "Aye "; cooper was absent. Mayor Garrett opened discussion on Item 6 regarding the 2008 Festival of the Arts. Council Member Leal asked how long it takes to receive approval of a grant after the application is submitted. Director of Parks and Recreation Sally Gavlik said that the process depends on the granting agency; however, this particular grant takes about six-months. City Secretary Chapa polled the Council for their votes as follows: 6. ORDINANCE NO. 027613 Ordinance appropriating a $7,519 grant from the Texas Commission on the Arts in the No. 1067 Arts and Cultural Commission Grant Fund for the 2008 Festival of the Arts. An emergency wa declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez and Martinez, voting `Aye "; Cooper was absent. Mayor Garrett opened discussion on Item 7 regarding the Cefe Valenzuela Landfill. Council Member Hummell asked questions regarding the excavation of the disposal cell; whether the city typically hires for excavation; and privatization of the landfill. Interim Director of Engineering Services Kevin Stowers said the excavation Work includes excavation of the dirt, transporting the dirt to another location, testing of the material and stockpiling. Mr. Stowers added that this work is contracted out because there is no equipment at the Landfill. Mr. Stowers explained that the Landfill is privatized to run the operation at the Landfill and there is City staff to oversee the operations. Director of Solid Waste & Street Services Jeffrey Kaplan said the decision to privative the Landfill was based on a performa presented to the City and has been privatized since 2004. City Secretary Chapa polled the Council for their votes as follows: 7. MOTION NO. 2008-075 Motion authorizing the City Manager or his designee to execute a work orderwith BFI Waste Services of North America, Inc. (Allied Wastes) in an amount not to exceed $450,000 for advanced excavation of Cefe Valenzuela Landfill Sector 4A (next disposal cell) as an additional service under the Landfill Services Agreement. The foregoing motion was passed and approved With the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez and Martinez, voting "Aye "; Cooper was absent. Mayor Garrett opened discussion on Item 8 regarding the Texas International Boat Show. Council Member McCutchon asked questions regarding the permit application conditions. City Manager Noe said the permit was a standard form and that the applicant will comply with the lease agreement conditions as approved by the City Council. Minutes Regular Council Meeting March 25, 2008 — Page Council Member McCutchon made a motion to remove Items A -V from the permit application, seconded by Ms. Leal and passed. City Secretary Chapa polled the Council for their votes as follows: 8. MOTION NO. 2008 -076 Motion approving the application from MMD Communications Corporation to temporarily close the following street sections: the Peoples Street T -Head and the entire Peoples Street T -Head Water Area as outlined below for the Texas International Boat Show event to be held Thursday, April 24, 2008 through Sunday, April 27, 2008. A. The temporary street closures of northbound lanes of Shoreline Boulevard, including the medians, from the north curb line of S h t el Street to the south right -of -way of Taylor Street, in order to facilitate the setup and tear down of the Texas International Boat Show beginning at 6:00 a.m. on Saturday, April 19, 2008 until 6:00 p.m. on Monday, April 28, 2008. E. This includes the entire Peoples Street T -Head Water Area encompassing Docks E, F, G, and H in the Marina, including boat slips and other amenities. The Water Premises include the northwest point of the breakwater starting from the Peoples Street T -Head following west to an equal point on the seawall in line with Taylor Street and a point south on the Peoples Street T -Head south of dock E to a point on the Seawall in line with Schat el Street. The Peoples Street T -Head water access area closure is from April 19, 2008 at :00 a.m. through April 28, 2008 at 6:00 p.m. . The foregoing motion was passed and approved as amended with the following vote: Garrett, Hummell, Kelly, Leal, McCutchon, Marez and Martinez, voting "Are "; Cooper and Elizondo were absent. Mayor Garrett opened discussion on Item 9 regarding the Master Channel 27 Drainage Project. Council Member McCutchon asked how much money is being spent on Master Channel 37 and where the funding is coming from. Interim Director of Engineering Kevin Stowers said the total project budget is approximately $14 million and funding is coming from the commercial paper program that will be reimbursed by utility rates. In response to Dr. McCutchon, City Manager Noe said that staff is working on impact fees. City Secretary Chapa polled the Council for their votes as follows: 9. RESOLUTION NO. 02761_4 Resolution determining a public necessity to acquire fee simple title to the surface estate only for a storm water drainage project known as the Master Channel 27 Drainage Project, Lateral `A', on five remaining tracts of land known as Parcels 10, 11 a, and 12a, and related Utility Easements known as Parcels 11b and 12b, for the public purpose and use as astorm water drainage channel and for other related drainage purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of negotiations or exercise of the City's power of eminent domain. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez Mare and Martinez, voting `Aye "; Cooper was absent. Minutes — Regular Council Meeting March 25, 2008 — Page 6 Mayor Garrett opened discussion on Item 12 regarding exempting South Prairie Estates Unit 2 from payment of water and wastewater acreage fees. Council Member Leal ask why the subdivision is requesting exemption of the water fees. Deputy Director of Development Services Johnny Perales explained that if it is determined that a development will not have services within the next 15 years, acreage fees can be waived according to the platting ordinance. Mr. Perales added that staff is requesting approval to execute a Water and Sanitary Sewer Connection Agreement that will protect the City should water or wastewater services become available before the time period. Ms. Leal asked how far the development was outside the City limits. Mr. Perales stated that the subdivision is one and half miles outside the City limits. Council Member Hummel) asked questions regarding the City's control to allow a development to extend a water line to the City's system. Mr. Perales said that the City is required to allow a development to extend their system to the City system should the developer make that request. Mr. Rummell asked how staff determined that water will not be extended to the area in the next 15 years. Assistant City Manager Robert Nix said there is not an existing master plan for that area. A brief discussion ensued regarding the Southside Water Storage Tank on County Road 2444. Mr. Rummell asked how the subdivision will receive water. Mr. Perales said the intent is that the development will have onsite water wells and onsite wastewater disposal. Ms. Leal asked if the development could connect to the water line at London School. Mr. Perales stated that the development could receive water if they extended the line to the City's system. Council Member McCutchon asked if the property owner will be required to pay a portion of the fees ifwaterbecomes available. Mr. Perales stated that the property owner would be required to pay the fees that will be recorded in the deeds and property records. City Secretary Chapa polled the Council for their votes as follows: 12. RESOLUTION NO. 027616 Resolution exempting South Prairie Estates Unit 2, located approximately two miles outside the city limits, south of Oso Creek, and within the City's extraterritorial jurisdiction, from payment of water and wastewater a r ag fees pursuant t Sections .B.5. k and V. B.6.I of the Platting Ordinance. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Mar and Martinez, voting "Aye "; Cooper wa absent. ** * * * ** * Mayor Garrett referred to Item 13, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0108-01, Roberto Cardenas: A change of zoning from a " -1 B" One - Family Dwelling District t a `i - lB/PUD -2" One - Family Dwelling District/Planned Unit Development- 2 Overlay on property described as Bass Subdivision, Lot E, Block 28, located on Sandra Lane approximately 1, 6 -feet east of Airline Road. City Secretary Chapa stated that the Planning Commission and staff recommended approval of an " -1 SPUD -' One - Family Dwelling District with a Planned Unit Development -2 Overlay, 5 subject to twelve (12) conditions. Minutes — Regular Council Meeting March 25, 2008 — Page 7 No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Kelly, and passed, Mr. Chapa polled the Council for th irvotes as follows: 13. ORDINANCE NO. 027617 Amending the Zoning Ordinance, upon application by Roberto Cardenas, by changing the Zoning Map in reference to Bass Subdivision, Lot E, Block 28, from `i -1 B" One - Family Dwelling District to " -1 B /PUD -2" One-Family Dwelling District with a Planned Unit Development-2 Overlay, subject to twelve (12) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummel', Kelly, Leal, McCutchon, Mar , and Martinez, voting "Aye"; a,; Cooper was absent. Mayor Garrett referred to Item 14, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0208-02 George Hinoj a, Jr.: A change of zoning from a "R-1 B One - Family Dwelling District to a "R-1C" C One - Family Dwelling District on property described as 0.11 acres being the west 50 feet of the east 150-feet of Molina 2, Block 10, Lot 13, located approximately 50 feet east of the intersection of Villarreal Drive and Molina Drive. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "R-1 C" One - Family Dwelling District. No one appeared in opposition to the zoning change, Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Leal , and passed. Mr. Chapa polled the Council for their votes as follows: 14. QRDINANCENO. 027618 Amending the Zoning Ordinance, upon application by George Hinojosa, Jr., by changing the Zoning Map in reference to 0.11 acres being the west 50 feet of the east 150 feet of Molina 2, Block 10, Lot 13, from "R-1B" B' One- Family Dwelling District to "R-1 C" One-Family ily D lling District; amending the Comprehensive Plan to account for any deviation from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hum, ell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett referred to Item 15, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0208-03 Enterprise Rent A Car: A change of zoning from a "B -1" Neighborhood Business District to a "13,4" General Business District on property y described as sa e Addition, Block 2, Lot 4 -A, located on the west side of Everhart Road approximately 575-feet south of Staples Street. Minutes — Regular Council Meeting March 25, 2008 — Page 8 City Secretary Chapa stated that the Planning Commission and staff recommended denial of a "B-4" General Business District, and in lieu thereof, approval of a Special Permit to allow for th operation of a car rental business subject to a site plan and five conditions. Council Member McCutchon asked questions regarding the provision for car washing and vacuuming in the back of the lot. Assistant Director of Development Services Faryce Goode -Macon stated that Enterprise requested the provision and received no objection based on a survey of the neighborhood. No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council votes as follows: 15. ORDINANCE NO. 027619 Amending the Zoning Ordinance, upon application by Enterprise Rent A Car, by changing the Zoning Map in reference to Osage Addition, Block 2, Lot 4 -A, from "13-1" Neighborhood Business District to "B -1 /SP" Neighborhood Business District with a Special Permit to allow for the operation of a car rental business subject to a Site Plan and five conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Eliondo, Hummell, Kelly, Leal, McCutchon, Marren, and Martinez, voting 'Aye "; Cooper was absent. Mayor Garrett referred to Item 16, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Ca _ o= No -0 , The M tag ha i I nv . tment Trust: A change of zoning from a "F-R" " Farm -Rural District and a "R-1B" One-Family Dwelling District to a "B-4" General Business District on 8.905 acres, a portion of Annex No. 1 to the Nueces River Irrigation Park, located on the northwest intersection of Northwest Boulevard (FM 624) and County Road 69. City Secretary Chapa stated that the Planning Commission recommended denial of the "B-4" General Business District. Mr. Chapa stated that staff recommended denial of the "B• -4'# General Business District for the subject property, and in lieu thereof, approval of a "B -1" Neighborhood Business District for Tract 1 fronting on Northwest Boulevard (FM 624). Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including an existing and use map; 2006 aerial photo; oblique view aerial photo; description of the "B -4}' General Business District; views of the subject property; adopted land use map; ownership map; staff recommendation for Tract 1; "B -1" Neighborhood Business District provisions; and planning commission sion and staffs recommendation. M . Goode- Macon said the 20% rule is in effect. Mayor Garr tt called for comments from the audi nce. Dr. Lisa Mitchell, 5027 County Road 69, stated that the area of Hazel Bazemore ore Park has been developed as a wildlife and birding site. Dr. Mitchell spoke in opposition to the zoning change because of inadequate draining; environmental issues; and the uncertainness of the development. Sally Robeau, 5001 County Road 69, spoke in opposition to the zoning change because of drainage issues. Minutes — Regular Council Meeting March 25, 2008 — Page 9 Council members asked questions regarding the allowances in "B -1" zoning; the current zoning of the subject property; the depth of Tract 1; how far Tract 1 is located from the existing homes to the north; requiring the property owner t drain to FM 6 4; the ngin ring requirement f r drainage of the property; the property's natural drainage; significant land changes affecting drainage; the neighborhood's objection to re-zoning Tract 1; the proposed uses for the property; the Calall n Independent School District property; existing "B-1" zoning for Northwest Boulevard east and west of the subject property; the total size of Tract 1; the uses for "F_„ Farm- Rural District; the "B-4" zoning on the other side of Northwest Boulevard; and whether convenience stores with fueling pumps are allowable in "B_1" zoning. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council for their votes as follows: 16. FAILED An emergency was declared, and the foregoing ordinance failed with the following vote: Garrett, Elizondo, Kelly, McCutchon, and Martinez, voting "Aye"; Hummel' and Leal voting "No"; ; Coo per and Marez were absent. Mr. Kelly made a motion to amend d the ordinance by changing the zoning of Tract 1 to "B- 1A/SP" Neighborhood Business District with a Special Permit to allow for the operation of restaurants without the sale of alcoholic beverages. The motion was seconded by Mr. Elizondo and passed. Mr. Chapa polled the Council for their votes as follows: 16. f DINANCE N . 027620 Amending the Zoning Ordinance upon application by th e Mostaghasi Investment Trust, by changing the zoning map in reference to tract 1 fronting on Northwest Boulevard (FM 624) out of 8.905 acres, a portion of Annex No. 1 to the Nueces River Irrigation Park, from "F-R" Farm -Rural District and "R-1B" One - Family Dwelling District to "B-1A/SP" Neighborhood Business District with a Special Permit to allow the operation of a restaurant without the sale of alcoholic beverages; amending the Comprehensive Plan to account for any deviations from the existing C mprehensive Plan; providing a penalty; providing a repealer; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Garrett, Elizondo, Kelly, Hummel!, ell, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez Mare were absent. Mayor Garrett recessed the regular Council meeting to hold a meeting of the North Padre Island Development Corporation. Minutes — Regular Council Meeting March 25, 2008 — Page 10 Mayor Garrett reconvened the Regular Council Meeting. Mayor Garrett opened discussion on Item 18 the Packery Channel Boat Ramp Parking Lot and Access Road. City Manager Noe stated that Item 18 authorizes the acceptance of a $500,000 grant from the U.S. Fish and Wildlife Service; appropriates the grant; and authorizes the City to enter into an agreement with Garrett Construction for construction of the boat ramp parking lot and access road. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 18.a. RESOLUTION NO. 027621 Resolution authorizing the City Manager or his designee to accepts grant from the U.S. Fish and Wildlife Service in the amount of $500,000 for the Packery Channel Boat Ramp Parking and Access Road Improvements in the No. 3277 Packery Channel Capital Improvement Program (CIP) Fund. The foregoing resolution was passed and approved with the following vote: Garrett, Hummel', ll, Leal, McCutchon, Mar , and Martinez, voting "Aye"; Kelly abstained; Cooper and Elizondo were absent. 18.b. ORDINANCE NO, 027622 Ordinance appropriating $500,000 from the U.S. Fish and Wildlife Service in the No. 3277 Packery Channel Capital Improvement Program (CIP) Fund for the Packery Channel Boat Ramp Parking and Access Road Improvements; changing the FY 2007 -2008 Capital Budget adopted by Ordinance No. 027456 by increasing appropriations by $5Q0,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Hummel', Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly abstained} Cooper and Elizondo were absent. 18.c. ORDINANCE NO. 027623 Ordinance appropriating $350,000 from the Unappropriated Fund Balance in the Reinvestment Zone No. 2 Fund 1111 for the U.S. Fish and Wildlife Service Grant Match and related project expenses for the Packery Channel Boat Ramp Parking and Access Road Improvements; changing the FY 2007-2008 Operating Budget adopted by Ordinance No. 027352 by increasing appropriations by $350,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Hummel', Leal, McCutchon, Marez, and Martinez, voting "Aye }'; Illy abstained; Cooper and Elizondo were absent. 18.d. MOTION NO. 2008-079 Motion authorizing the City Manager or his designee to execute a construction contract with Garrett Construction of Ingleside, Texas in the amount of $732,872.03 for the Packery Channel Boat Ramp Parking Lot and Access Road FY 2007-2008. The foregoing motion was passed and approved with the following vote: Garrett, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly abstained; Cooper and Elizondo were absent. Minute — Regular Council Meeting March 25, 2008 -- Page 11 Mayor Garrett opened discussion on Item 19 regarding the City of Corpus Christi's Fiscal Year. Assistant City Manager Oscar Martinez stated that City Council requested that staff analyze charging the date of the City's fiscal year. Mr. Martinez referred to a powerpoint presentation including the issues under review; reasons to change; impacts to the tax rate, external audit and software changes; options; and recommendation. Council m n b rs asked questions regarding the external audit; whether hiring an internal auditor would correct the impact of obtaining external auditors; budgeted salaries for staffing; the current external audit firm; how long the City has used the external audit firm of Collier, Johnson, and Woods; the types of software systems; previous problems with the HTE software; whether the software systems have been tested fora possible conversion; the functions of the MiVIMO system; how many department directors did not submit their review of how the change in the fiscal year would impact their departments; the health benefits open enrollment period; if a health care provided has been selected; changes to the City Charter; impacts to an internal auditor; whether staff has reviewed having the budget year start as of January 1st; receipt of the certified tax roll; whether other cities around the country are transitioning to a different budget cycle; and budget training for department heads and newly elected Council members. Mr. Marez made a motion to direct staff to continue to pursue the issue of changing the fiscal year; prepare for next fiscal year a budget that will reflect changing the budget start date; and look for external audit firm for the new schedule. The motion was seconded by Mr. Kelly and passed. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 027624 Ordinance reaffirming the City of Corpus Christi's Fiscal Year as August 1 through July 31. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Eli undo, Hummell, Kelly, M Cut h n, Marez, and Martinez, voting "Aye "; Cooper and Leal were absent. Mayor Garrett opened discussion on Item 25 regarding Topaz Power Group. Emily Martinez, Economic Development, explained that this item is for approval f economic incentive agreements for the redevelopment and operation of the Nueces Bay power plant and the Barney M. Davis power plant. Ms. Martinez introduced Barbara Clemenhagan with Topaz Power Group, LLC and Eric Gei lerwith Duff & Phelps, LLC. Ms. Martinez provided a brief presentation including a background of the Topaz Power Group; the scope of the project; environmental and economic impacts; reimbursement; and the developer performance requirements. Ms. Martinez added that during the regular Council meeting on April 8th, staff will recommend to Council the following items: proposed adoption of revised tax abatement guidelines; public hearing and ordinance creating a reinvestment zone for tax abatement purposes for the Barney M. Davis Power Plant; and approving a two year tax abatement agreement for the Barney M. Davis Power Plant. Barbara Clemenhagan, Topaz Power Group, LLC, referred to a powerpoint presentation including an overview of Topaz Power Group; description of potential projects for Nueces Bay and Barney Davis; project opportunities; environmental impacts; potential economic impacts; and request for approval. Minute — Regular Council Meeting March 25, 2008 — Page 12 Roland Mower, President/CEO of the Regional Economic Devel pmentCorporation, spoke regarding the industrial district benefits to Barney Davis; the County tax in an industrial district; the differences between the City, County and Del Mar tax abatement; and the economic impact to the City. Council members asked questions regarding the tax abatement for the Barney Davis Agreement; contract comparisons with Del Mar and Nueces County; terms of the agreement; emergency services for Barney Davis; County tax in the industrial district; if Barney Davis was previously a Central Power and Light (CP81) plant; the City's prior arrangement with CP8L; useful life of the plants; the reason for the exclusion of exhibits; the type of jobs being retained at the Barney Davis plant; whether Barney Davis is currently generating power; the assessed valuation; the creation of the reimbursement account; the difference between the ad valorem tax payments and the in -lieu of tax amount calculated; whether taxes on the existing property will ever increase; payment of ad valorem taxes on existing and constructed property; commitment to nominate developer for the 2008 Commercial Revitalization Deduction benefits; if the minimum capital investment of $445 million will occur within 36 months; factors should the developer fail to comply with the agreement; if the Refinery Terminal Fire Company (RTFC) would respond to fires at the Nueces Bay plant; and contract for city services. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 25. MOTION N . 2008 -080 Motion approving economic i incentive agreements with Nueces BayWLE, LP and Barney M. Davis, LP for the redevelopment and operation of the Nueces Bay power plant and the Barney M. Davis power plant. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 20 regarding the Texas Municipal Retirement System (TMRS) Actuarial Shared Services. Director of Human Resources Cynthia Garcia said this item authorizes an Iriterloal Agreement with North Central Texas Council of Governments to analyze the City's funding status and required contribution rate in TMRS. Ms. Garcia referred to a powerpoint presentation including the City's TMRS plan; background of the concerns raised by Chief Financial Officers (CFO) from participating cities regarding TMRS funding; TMRS board decision; TMRS communications with the participating cities; the projected increase in city's contribution rate; and recommendation. Council members asked questions regarding retirees end of the year checks; whether cost of living increases will still occur; the difference between a 25 year closed amortization period and a 25 year open amortization period; the status of the 100% Bond Portfolio in the Investment Policy and the reason for changing the policy; the impact to employees /retirees if the City closes the amortization period; the City's contribution rate for 2009; whether the City has to be a member of TMRS; and the consideration of bringing other cities together to review different investments. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting March 25, 2008 --- Page 13 20. RESOLUTION N . 027625 Resolution authorizing the City Manager or his designee to execute an Inter local Cooperation Agreement with the North Central Texas Council of Governments to provide for cooperative purchasing for Texas Municipal Retirement System (TMRS) Actuarial Shared Services. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez and Martinez, voting "Aye" Mayor Garrett opened discussion on Item 21 regarding an amendment to the Code of Ordinances. City Att rney Mary Kay Fischer explained that this item is to authorize the use of city issued uniforms and equipment to licensed peace officers on approved off duty assignments. M. Fischer added that historically police officers have been authorized to use equipment during approved off duties assignments and this amendment will include airport public safety, municipal court marshals and firefighters the same flexibility. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. FIRST READING ORDINANCE Amending the Code of Ordinances by amending Section 2 -311, Standards, and Section 49, City Marshals, regarding use of city equipment by licensed Peace Officers and Firefighters on approved off -duty assignments; providing for publication; providing an effective date, providing a repealer clause. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez and Martinez, voting "Aye" Mayor Garrett opened discussion on Item 22 regarding an amendment to the Code of Ordinances. Assistant City Manager Robert Nix stated that this item changes the Building Code to eliminate c one-hour fire-resistant rating on the exterior wall of single-family residences on the zero lot line side in a zero lot line subdivision. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22. F!]IIEAPIN?QftDINANCE Amending Chapter 14 "Development Services," Article 11 "Administration of Technical Construction Codes," Division 8 Residential Code, Section 14-291 Residential Construction Code, of the Corpus Christi Code of Ordinances to exempt single- family structures built in compliance with the zero lot line ordinance from having a one -hour fire - resistive rating with exposure from both sides for exterior walls on the zero lot line side; providing for publication; providing an effective date; and providing a repealer clause. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon and Martinez, voting - "Aye "; Marez was absent. Minutes — Regular Council Meeting March 25, 2008 — Page 14 Mayor Garrett opened discussion on Item 23 regarding an amendment to the Code of Ordinances. Assistant City Manager Robert Nix explained that this item amends the plumbing Code to implement the back-flow prevention program. Mr. Nix said the program will provide penalties for citizens that don't comply. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23. FIRST READING ORDINANCE Amending Chapter 14 "Development Services," Article 11 "City of Corpus Christi Technical Construction Coda} Division 7 "Plumbing Code,' Section 14-281 "Plumbing Coda," of the Code of Ordinances, City of Corpus Christi, to require annual testing of back -flow prevention devices; to provide for reporting results of the annual tests of back -flow prevention devices; providing a repealer clause; providing a penalty clause; providing for publication; and providing an effective date. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon and Martinez, voting "Aye"; "; Mar was absent. Mayor Garrett opened discussion on Item 24 regarding an amendment to the Code of Ordinance. Assistant City Manag r Robert Nix said that item is an amendment t the building fees, the development services fee tables and the text that supports those tables. In response to Council Member Leal, Mr. Nix said the system has been assessed to make sure that all fees are being charged for permits. There were no mr nts fr m th audience. City S r tary Chapa polled the Council for their votes as follows: 24. FIRST READING ORDINANCE Amending Chapter 14 "Development Services," Article X1Ii "Development Service Fees" Division 1 "Technical Construction Code Fees," Section 14-1302 "Standardized Building Valuation," Section 14-1304 "Processing and Plan Review Fee," Section 14-1306 "Special Fees,'} Section 14-1308 "Refunds," Section 14-1311 "Contractor Registration Fees," Section 14-1312 "Accounting," and Section 4 -1313 "Technical Construction Code Fee Schedules" of the Code of Ordinances, City of Corpus Christi, to provide for standardized building valuation, the time for payment of the nonrefundable processing and plan review fee, fees for duplicate Certificate of Occupancy and multiple plan review fees, refunding fees, lawn irrigator and ba kfl w prevention assembly tester registration fee, and accounting of the fee revenues and expenditures; and repealing Chapter 14 "Development Services," Article XI II "Development Services Fees" Division 1 "Technical Construction Code Fees," Section 14- 130 "Fees Rounded Off' of the Code of Ordinances, City of Corpus Christi, to delete the provision for rounding of permitfees; providing for fees f rexisting applications made prior to the effective date; providing a repealer clause; and providing an effective date. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hum ell, Kelly, Leal, McCutchon and Martinez, voting "Aye "; Marez was absent. Mayor Garrett referred to Item 27 regarding the Corpus Christi Convention and Visitors Bureau (CVB) Quarterly Report. Keith Arnold, CEO of the Corpus Christi Convention and Visitors Bureau (CVB) referred to a powerpoint presentation including the mission; convention sales and Minute — Regular Council Meeting March 25, 2008 — Page 15 production; key conventions booked in 2007 -2008; the Southwest Showcase; sports publications; media advertising placement; tour and travel group activities; website; communications and public relations initiatives; the nature tourism project; key action steps; and worth noting topics. A brief discussion ensued regarding the convention center and arena. Mayor Garrett referred to Item 28 regarding the flow transfer plan update on the Oso Water Reclamation n Plant to Greenwood Wastewater Treatment Plant. Govind Nadkarni, Consultant, referred to a powerpoint presentation including a map of the six treatment plants and basins; previous Council actions and status; Oso Water Reclamation Plant status; status of the Greenwood Wastewater Treatment Plant; and alternate transfer routes. Larry Urban, Urban Engineering, provided a background regarding the decision in 1997 to expand Greenwood; transfer the flow from the Oso plant; and the decision not to expand the Oso plant. Council members asked questions regarding the Oso Water Reclamation Plant exceeding capacity; whether the City has been in compliance with the Texas Commission on Environmental Quality TCE; the Farm Road listed in alternate route 1; construction of a new transfer station South of Oso Creek: where the line from Oso Creek will cross to deliver water to the Greenwood Plant; the proposed location of the Oso Creek Lift Station; whether the Oso Basin and Greenwood Basin connect; how it can be less expensive to cross Oso Creek twice; the reason the route can not go from the Country Club Lift Station to the Kostoryz Lift Station to Greenwood; if the line could be installed along Oso Creek; the owner of the property adjacent to the Creek; the Cabaniss property; problems acquiring right-of-ways; permitting issues; the location of the transmission line; the difference in the number of miles if the line went from Everhart to o Creek and then along the Creek to Greenwood; the cost of the project; whether this project is a temporary solution; the cost to build a treatment facility; the Laguna Madre million gallons per day (MGD); expansion of Laguna Madre; a new Southside treatment plant; the reason a force main was not installed with the expansion f Saratoga; force main depth restrictions; the force main at Cimarron and Saratoga; location of SPA; draining areas; the location of Bill Witt Park to Creek; the amount of unused City land near Bill Witt; the impact to development ent South of the Oso; size of the lift stations South of the Oso; location of the City limit line; building extra capacity to accept additional flow; exemption of acreage fees outside the City limits; proposal for wastewater; Country Creek Subdivision; when the lift station South of the Oso will be bid; whether previous council action is binding; smart growth planning; location of lift stations; the capacity of a new plant; the commitment to not expand s; wastewater lines in Flour duff; the MGD at Oso in 1970's through 1 980'x; whether there is room to expand at Oso; the impact to Oso with the expansion of Texas A M University — Corpus Christi; and whether the City has made any commitments based on this presentation. Council Member Hummell requested that staff provide a cost comparison between the 8.0 MGD transfer plan and installing a new plant in Site 30 and connecting to the existing force main. Mayor Garrett referred to item 2 regarding the second quarter report of Health Benefits /Risk Management Fund. Director of Hunan Resources Cynthia Garcia referred to a powerpoint presentation including medical claims expenses; pharmacy claims expenses; costs per member; workers' compensation and general liabilities claims, costs, and comparison on prior year claims; and the city vehicle accidents status. Council members asked questions regarding a program for vehicle accidents; whether the health plan ratqs have changed over the last five years; the hospital system that the two stop loss cases occurred; the dollar amount that triggers stop loss claims; if Humana has a representative that oversees and notifies the City of stop loss; the lifetime maximum coverage; types of education program provided by Humana; whether the city's third party administrator can go out into the market Minutes — Regular Council Meeting March 25, 2008 — Page 16 to get lower prescription costs for employees; if Humana has its own pharmacy plan; reduction of benefits; average cost for employees; the status of programs for employee clinics and fitness centers; if the fitness center is still available in City Hall; the possibility of partnering with other entities to lower rates; and if the City uses a third party administrator, In response to Council Member Hummel!, Ms. Garcia said that the information provided indicates that medical costs are increasing; employees are getting older; and more retirees are using the plans. Ms. Garcia added that the City will continue to encourage the employees to study the plans and utilize the plans to make wise choices in selecting their health care. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 7 :25 p.m. on March 25, 2008. 2 a. BOARD OF ADJUSTMENT — Seven (7) vacancies with terms to 4-04-10, two of whom shall be alternate members. (NOTE: The board has a policy of requesting the appointment of the Alternate member to a vacant position and that a new person fill the Alternate position.) DUTIES: To hear appeals for interpretations of the zoning ordinance; for special exceptions authorized by the zoning ordinance, subject to safeguards to protect the public interest; and for variances where, owing to special conditions, the literal enforcement of the provisions of the zoning ordinance results in unnecessary hardship, so that the spirit of the ordinance shall be observed and substantial justice done. An appeal may be made to District Court if dissatisfied with the decision of the Board. Written notice of public hearing on each appeal is sent to the applicant and owners within 200 feet 10 days before the hearing date. COMPOSITION: Seven (7) members appointed by the City Council. The membership must include two (2) alternates; be residents of the City. Only five members may vote, and four (4) must concur to grant an appeal. ORIGINAL MEMBERS TERM APPTD. DATE *****Gene Clancy, Chair 4-04-08 3-13-01 *Taylor Mauck 4-04-08 4-13-04 *William Tinney 4 -04-08 4-13-04 *Dan Winship 4-04-08 8-23-05 * * ** *Charles Schibi 4-04-08 3-13-01 *Sergio Omelas (Alternate) 4-04-08 8-21-07 *Ben Molina (Alternate) 4-04-08 11-08-05 (The Board of Adjustment is recommending the reappointments of Taylor Mauck, William Tinney, Dan Winship, Sergio Ornelas (Alternate) and Ben Molina (Alternate). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MT S. NO. % OF ATTENDANCE NAME ILiIE:i PRESENT LAST TERM YEAR Taylor Mauck 11 9 82% William Tinney 11 9 82% Dan Winship 11 8 (lexc) 73% Sergio Omelas (Alternate) 6 4 67% Ben Molina (Alternate) 11 10 91% Legend: *Seeking reappointment **Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation O'C'HER INDIVIDUALS EXPRESSING INTEREST I. Bryan Johnson Thomas E. McDonald Morgan Spear Self - employed, Real Estate Broker. Received B.S. in Applied Sociology from Texas State University r and pursuing MA. from Texas A M — Corpus Christi to become a Certified Commercial Investment Manager. Interested in serving the community. (9-25-07) Owner, Island Plumbing Company. Previously served on Building Code Board of Appeals and Zoning Board of Appeals. (7-31-07 President /Owner, Morgan Spear Associates, Inc, Received B.A. from University of Texas. Activities include: American Institute of Architects, C.C. Chapter of AIA, Texas Society of Architects, Church of the Good Shepherd, Alpha Tau Omega and Texas Exes. -0- 07) b. BUILDING STANDARDS BOARD — Three (3) vacancies with terms to 3-341 representing the following categories: 1 - Attorney, 1 — Member at Large, and 1 from among the following categories: Realtor, Architect, Engineer, General Contractor, Home Builder or Building Materials Dealer. DUTIES: To hear appeals under the Building Standards and Housing Code, which shall be construed to secure the beneficial interests and purposes of safety, health, and general welfare, through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair removal, demolition, use and occupancy of building or structure. COMPOSITION: Seven (7) members, three (3) members at large of whom shall be residents of the City and home owners; one shall be a lawyer, three (3) chosen from: realtor, architect, engineer, general contractor, home builder or building materials dealer. Appointed by the City Council for 3 year staggered terms. Elects its own chairman. MEMBERS *Gregory Gen Spivey (Attorney), Chair Ted Stephens (Engineer) *Renee L. Carter (Member at Large) *Jesus J. Jimenez (Engineer) Frank Hastings (Member at Large) Robert A. White (Member at Large) Lisa Huerta (Building Materials) fFRMS 3-03-08 3-03-09 3-03-08 3-03-08 3-03-09 3-03-10 3-03-10 ORIGINAL APPTD. DATES 5-17-05 3 -21- 5-17-05 5-17-05 5-17-05 5-29-07 7 -11-06 (Note: The Building Standards Board is recommending the reappointments of Gregory Spivey (Attorney), Renee L. Carter (Member at Large), and Jesus Jimenez (Engineer). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Gregory Spivey (Attorney) Renee L. Carter (At Large) Jesus Jimenez (Engineer) Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation NO. % OF ATTENDANCE PRESENT LAST TERM YEAR 100% 67% 67% OTHER IN IVI 7ALS EXPRESSING INTEREST Charles Cofer Project Manager, Marshall Company. Received BBA- Management from Texas AI University, Kingsville, Texas. (Building Materials Dealer or Member at Large) (5-10-07) Vincent E. Doyle Engineering Service, Corpus Christi Army Depot. Received Trade School Vocational Certification. Interested in serving community. (Member at Large) .. 12-07) Chris Hamilton Vice President, UM Commercial, Inc. Received Bachelors of Science — Construction Science from Texas A&M College Station. (Building Materials Dealer or Member at Large) (1-10-07) R. Bryan Johnson Self- employed, Real Estate Broker. Received B.S. in Applied Sociology from Texas State University and pursuing M.A. from Texas A & M — Corpus Christi to become a Certified Commercial Investment Manager. Interested in serving the community. (Realtor or Member at Large) (9-25-07) Lorenzo Knowles Roy Ortega Jr. Robert E. Powell Abel Sanchez Employed with Department of Justice Weed and Seed. Chairman of the Texas Youth Committee, Recipient of the Jefferson Award. (Member at Large) (9-17-07 General Manager, The Mobility Store, Inc. Attended Del Mar College and numerous service schools. Interested in community involvement. (Member at Large) (9-24-07) Retired. Received a B.S. in Civil Engineering. (Engineer or Member at Large) (2-19-08 Retired, United States Postal Service. Activities include: Volunteer — Counselor and Facilitator for Alcohol and Drugs Coastal Bend C.A.D. and Veterans Center. (General Contractor or Member at Large) (3-13-08 Morgan Spear Jonathan Wagner President, Morgan Spear Associates, Inc. Recei c, COASTAL BEND HEALTH FACILITIES DEVELOPMENT T CORP RAT I N — Seven (7) vacancies with terms to 4-0140. DUTIES: To promote the publi Rebecca Esparta Edward Kownslar Patricia Mattocks Charles Pendlyshok Carl L. Powell Jonathan Wagner Public Relations Consultant. Received Associate in Arts, Journalism from Del Mar College, Bachelor of Business Administration, Marketing and Master of Business Administration from University of the Incarnate Word, San Antonio, Activities include: Board Member — American Cancer Society and Co- founder and co- facilitator, M.D. Anderson Cancer Support Group. (11-08-07) Librarian, Texas A &M University- Corpus Christi. Received BS in Journalism from University of Kansas, MS in Library Science from University of North Texas, and Master of Public Administration from Texas A &M University- Corpus Christi. Activities include: Board of Director, Family Counseling Services of Corpus Christi, 2004 -2006, Texas Library Association, Various Committees, 1999 -2007, and American Library Association, Various Committees, 1998- Present. (6-15-07 Director of Program Services, March of Dimes. Activities include: League of Women Voters — Past Vice - President and Nominating Committee, Zonta, and St. Paul United Church of Christ — Women's Ministry. (9-12-07 Area Manager, Human Military Healthcare, Received B.S. from Widener University, M.A. from Incarnate Word University, and M.B.A. from Widener University. Activities include: Adjunct Professor at Texas A &M University-Corpus Christi, Certified Senior Advisor, Licensed Insurance Producer and Volunteer and Sailing Instruction. (2-18-08) Retired, Bureau of Prisons. Received B.S. in Psychology from Loyola University. Activities include: CASA Health and Human Services Volunteer. (1-11-08 Consultant, NeighborWorks America. Received MBA — Business Management. Activities include: Secretary of Homeless Issue Partnership and Chairman Elect of the Coastal Bend Council of Governments Advisory board. Former Ad ministrator for Community Development for City of Corpus Christi, 2003 -2006. (5-29-07) d. COMMUNITY YOUTH DEVELOPMENT 78415 PROGRAM STEERING COMMITTEE TEE — Two (2) vacancies with terms to 8 -31 -08 and 8-31-09 representing the following category: 2- Youth. (Since the terra ends 8-31-08, it is recommended that the appointment be, for a new o -ye ar term ending 8-31-10.) DUTIES: To advise the City Council on a periodic basis, as requested by the City Council, regarding the progress of the Community Youth Development Program and make recommendations to the City Council on items pertaining to the Community Youth Development Program. COMPOSITION: Eleven 11 voting members with two -year, staggered terms. The officers of the committee shall be residents of the 78415 zip code area Terms are for two years. State guidelines require that at least 51% of the collaborative steering commi LNDIVIDUALS EXPRESSING INTEREST Alyssa Carrasco Junior, Mary Carroll High School. Member of the Youth Action Committee. (Youth) (4-248) Daquandria Chillis Senior, Mary Carroll High School. Employed at Sonic. Member of the Youth Action Committee. (Youth) (4-2-08) e. LEADERSHIP COMMITTEE FOR SENIOR SERVICES - Three (3) vacancies with terms to 24-09 and 2-440 representing the following categories: 1 — Direct Service Agency, 1 — Senior Companion Program Volunteer, and 1— Community Representative. DUTIES: To assist the Senior Community Services division staff in the development of comprehensive senior citizens program plans; to advise the SCS division staff of the needs for services according to locally conceived priorities; to review and evaluate SCS operations; to increase recognition of volunteers and public awareness of the division by coordinating and planning special events; and to coordinate and plan fund raising activities to benefit SCS division goals. COMPOSITION: Fifteen (15) members representing the following categories: 2 - Senior center participants, 2 - Retired and Senior Volunteer Program (R.S.V.P.) volunteers, 2 - Senior Companion Program S.C.P. volunteers, 3 - Direct service agencies, and 6 - Community representatives. Initially, eight members shall be appointed for a term of one -year and seven members shall be appointed to two -year terms. ORIGINAL MEMBERS TERM APPTD. DATE ***Roland Medrano g ency 2-01-09 24 2-02 Alan D. Bligh (Community) 2-01-09 2 -12 -02 Jane Haas (Agency) 2 -01 -10 2-12-08 Marion Bali (Senior qtr.) 2-01-09 2-12-02 Milian A. Marti (Senior ctr. ) 2 -01 -1 3-21-06 Kathy Marron (R.S.V.P.), Chair 2-01-09 2-15-05 Donna Marie Cisneros R.S.V.P. 2-01-09 24 0- 4 * * * **Apblonia Cantu S.C.P.) 2-01-08 2-12-02 Linda Leach S.C.P. 2- 01-09 2-12-08 *Vacant (Community) 2-01-09 3-21-06 Ronnell Bright (Community) 2 -01 -10 -12-08 Nicole Segovia (Community) 2-01-10 2-12-08 Judy McNamara (Agency), Vice Chair 2-01-09 2-20-07 Guy Williams (Community) 2-01-10 2-20-07 Lisa Pollakis (Community) 2-0140 2-12-08 Legend: *Declined reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance *****as met six -year service limitation (Note: The Council appointed Jim Espey (Community at Large), but he declined the appointment. The Leadership Committee for Senior Services is recommending the new appointments its f George Driskell (Direct Service Agency) and Chon-Hyun Kim (Communi,y at Large). OTHER INDIVIDUALS UALS EXPRESSING INTEREST Nancy Calcaterra Sherri Darveaux George B. Driskell Vicki I. Garza Food Service, Flour Bluff Independent School District. 'onn rly Managed Medical and Chiropractic Offices and did Medical Insurance Billing. Received Operating Room Technician Certificate icate and Attended College. Recipient of Employee of the Month at Flour Bluff Independent School District. (Community) Retired, Former Librarian, Engineering Training Developer, and Trainer Business Software Applications. Received Master of Arts in Education, from University of Texas at San Antonio, Texas and Master of Library Science from University of Arizona. Attended Executive Program at Anderson Graduate School of Business, University of California, Los Angeles. Activities include: Member of National Library Science Honor Society and Local Antiquing Group. (Community) (1-25-08) CQI Manager, Odyssey Healthcare of Corpus Christi. Ordained Priest. Received B.A. in Social Work from Wright State University, Dayton, Ohio, A.A. S in Nursing from Sinclair College, Dayton, Ohio, and M,iv. in Pastoral Studies from Sanctus Theological Institute. Activities Include: Former Board Member of the Corpus Christi Interfaith Council. (Direct Service Agency) 2- 08) Retired, Workforce Network, Inc. Graduate of Del Mar College and Received B.A. from St. Edwards University. Licensed Social Worker. Activities include: Board Member —IvillivIR, Board of Governors Board for South Texas Institute of the Arts, Precinct Chair for Nueces County Democratic Executive Committee, and Board Member for Corpus Christi Hispanic Chamber of Commerce. Recipient of Employee of the Year - Workforce Network, Inc. and Hispanic Businesswoman of the Year. (Community) Rosa M. Gonzalez Social Work Supervisor, Nueces County Human Services. Received Bachelor of Science in Social Work from University of Texas, Pan America. Activities include: Social Work Society and Aid Coalition. (Community) 12-08) Andrea B. Green Tax Professional, H & R Block. Received B.A. from Mount Holyoke College, South Hadley, Massachusetts, and M.S. from Syracuse University, Syracuse, New York. Activities include: Southside Evening Toastmasters. (Community) ( Rick Greenfield Program Manager Engineering Services, MANGO , Inc. Received A.A. in Liberal Arts, B.A.A.S. in Industrial Technology, and M.A. in Organizational Management. Activities include: Qualified Mediator for State of Texas. (Community) (1-8-08) Cecilia G. Huerta Consultant. Former Counselor and Teacher. Received Bachelors of Arts in English and Masters of Arts Guidance and Counseling from Texas A &I University. Activities include: Association of School Counselors, Hispanic Women's Network of Texas Corpus Christi Chapter, and Junior Achievement Volunteer. (Community) ( Chon -Kyun Kim Assistant Professor, Texas A &M University- Corpus Christi. Received B.A. in History from Kyunghee University, Seoul, South Korea, M.P.A. in Public Administration, Korea University, Seoul, South Korea, and Ph.D. in Political Science, State University of New York at Binghamton. Recipient of Research Grant, Tuition Scholarship and Graduate Teaching Assistantship and International Student Grant -in -Aid Award. (Community) ity (3-3-08) Dotson G. Lewis, Jr. Self Employed. Retired United States Army. Received B.S in Health, Physical Education and Recreation and M.S. in Education from University of Texas, El Paso. Activities include: Coordinator of Del Mar College Senior Education Computer Program, Zone Coordinator AARP Driver Safety Program, Program Director Corpus Christi Football Officials Association, and High School Athletic Official. Recipient of United States Army Legion of Merit, El Paso Athletic Hall of Fame, and Collegiate Football Officiating Hall of Fame. (Community) ( Adelfa M. Martinez Rita Sonia Padron Hilarion Villanueva Retired. Received Associates Degree in Business. Activities include: Volunteer at Lindale Sr. Center, Sr. Site Council President, Active in Politics, PTA, Choir Member at St. Cyril Methodius Church, and Jail Ministry at Nueces s County Jail. (Community (1-14-08 Acute Dialysis Nurse, Renal Care Group. Received Vocational Nurse Degree from Del Mar Technical School, Certified Hemodialysis Practitioner and Pediatric Vocational Nurse. Activities include: Youth Coach for YMCA and Park and Recreation Boys Basketball Programs, Corpus Christi International Airport Ambassador, Member of RSVP, and Board of Ne hr log r Examiners Nursing and Technology -- Policy and Procedures Chair. Recipient of Leadership Awards with RSVP and Senior Services. (Community) (2 -2 - Retired, Koch Refinery. Activities include: Volunteer for Senior Companion Program, Church and Church Choir. S.C.P.) (3-31-08 3 Requested Council Action: 4/08/08 Alternate Council Date: 4/15/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of one (1) backhoe from Doggett Heavy Machinery Services, Ltd., Corpus Christi, Texas for a total amount of $85,1 66.04. The award is made in accordance with the cooperative purchasing agreement with the Texas Local Government Cooperative. The equipment will be used by the Water Department. Funding is available in the Capital Outlay Budget of the Maintenance Services Fund. Purpose: The equipment will be used by the Water Department for excavation and bad filling purposes. Basis of Award: Funding: The equipment from Doggett Heavy Machinery Services, Ltd. will be purchased through the BuyBoard, which is the Texas Local Government Purchasing Cooperative's electronic purchasing system. The Cooperative is administered by the Texas Association of School Boards and is endorsed by the Texas Municipal League (TML) and the Texas Association of Counties (TAC)and abides by all Texas statutes regarding competitive bidding requirements. Maintenance Services Fund 15110 -4 12 - 550020 Capital Outlay Item No. 19 Michael Barrera Assistant Director of Financial Services $85,1 66.04 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MARIA GARZA • ITEM DESCRIPTION 1) 2008 John Deere 410,1 Backhoe with 4 x 4 Extendable Dipperstick, 18" and 2" Buckets PRICE SHEET BI-0133-08 2 8 John Deere 410J Backhoe QTY UNIT.� 1 each Doggett Heavy Machinery Services, Ltd. Corpus Christi, Texas UNIT EXTENDED PRICE PRICE $88,166.04 $85,166.04 TOTAL: 85 #166.04 4 Requested Council Date: 04/08/08 Alternate Date: 04/15/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of a commercial water slide from Kraftsman Playground and Park Equipment, Spring, TX for the total amount of $73,848,28, The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The water slide will be installed at the Greenwood Swimming Pool. Funds are available in the Park & Recreation ion 2005 CIP Fund and the Parks, Arts, Leisure and Seniors Account (PALS.), , .irpose: Basis of Award: Funding: The water slide will be installed at the Greenwood Swimming Pool and will provide a new attraction for the community and its patrons to enjoy. This slide is a large commercial tube type slide that will have three tubes slides incorporated into the system. The purchase is made through the cooperative purchasing agreement with the TLGPC. C. TLGPC is administered by the Texas Association of School Boards (TASK) and co- sponsored by the Texas Municipal League (TML) and the Texas Association of Counties (TAC). TLGPC acts as an independent agency awarding exclusive cooperative purchasing contracts for its members. The water slide will be purchased with assistance from the Friends of Parks, Arts, Leisure and Seniors (P.A.L.S) Account. P.A.L.S. is a local non profit organization that raises private funds to provide support to the Corpus Christi Parks and Recreation Department. Park & Recreation 2005 C1P Fund 550950-3289-00000-150588 $49,500.00 24.348.28 Total $73,848.28 P.A. L. S. Michael larrera Assistant Director of Financial Services CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BI-0130-08 AQUA KRAFT COMMERCIAL WATER SLIDE BUYER: MARIA GARZA 04/08/08 KRAFTSMAN PLAYGROUND PARK EQUIPMENT 'SPRING, TEXAS UNIT DESCRIPTION CITY UNIT PRICE 1. Aqua Kraft Commerical Water Side, Three 1 EACH Tube, Deck Mounted, multi platform. $73,848.28 GRAND TOTAL: $73.848.28 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date :, April 8, 2008 AGENDA ITEM: A) Resolution authorizing the City Manager or designee to accept a grant of $25,000 from the Coastal Bend Council of Governments and execute an Interlocal Agreement to provide recycling and anti- litter education. B) Ordinance appropriating a grant of $25,000 from the Coastal Bend Council Of Governments in the No. 1051 Solid Waste Grants Fund to provide recycling and anti - litter education; and declaring an emergency. C) Resolution authorizing the City Manager or designee to accept a grant of $6,1 from the Coastal Bend Council of Governments and execute an Interlocal Agreement to provide household hazardous waste equipment and supplies. D) Ordinance appropriating a grant of $6,120 from the Coastal Bend Council of Governments in the No. 1051 Solid Waste Grants Fund to provide household hazardous waste equipment and supplies; and declaring an emergency. ISSUE: The Coastal Bend Council of Governments' Regional solid Waste Grant ap lication process requires the approval of a resolution by the City Council. REQUIRED COUNCIL ACTION: Approval of the resolutions as submitted. PREVIOUS US C UNCIL ACTION: !: None CONCLUSION AND RECOMMENDATION: Approval of the resolutions as submitted. Attachments Al .r JIF ij K -pa Director of Streets and Solid Waste Services BACKGROUND INFORMATION The Texas Commission on Environmental Quality (TCEQ) Grants are administered locally through the Coastal Bend Council of Governments CBC G . The purpose of the grant program is to provide funding for eligible local and regional municipal solid waste projects in support of the adopted regional solid waste management plan for the CBCOG region. In 2002-2003, Solid Waste Services received a total of $125,000 for the following: $45,000 for Household Hazardous Waste Disposal costs, $55,000 for a Brush Loader, $10 #009 for a Recycling Media /Outreach program, $10,000 for a Household Hazardous Waste Media /Outreach Program, and $5000 to publicize and increase participation in Stop Trashing Corpus Christi Community Clean -up events. In 2003-2004, Solid Waste Services received a total of $56,932 for the following: $46,932 for Solid Waste Local Enforcement, and $10,000 for Litter and Illegal Dumping Cleanup programs. In 2004 -2005, Solid Waste Services received a total of $38,61 9 for the following: $26,61 9 for Solid Waste Local Enforcement, $2,000 for Education and Training, and $10,900 for Litter and Illegal Dumping Cleanup programs. In FY 2005 -2006, Solid Waste Services received a total of $44,880 for the following: $1o,000 for Community Media Outreach campaign for the City's Anti - Litter Ordinance, $19,380 for a third year of grant funding for an Assistant Compliance Officer, $41500forthe disposal of scrap tires collected during the City's Neighborhood Initiative Program, and $20,000 to purchase new collection units for used oil and HHW storage modules for the new Collection/Transfer Station at the J.C. Elliott Landfill. In FY 2006 -2007, Solid Waste Services received a total of $15,000 for recycling and anti - litter education. In FY 2007-2008, Solid Waste Services received a total of $31,120 for the following: $25,000 for recycling and anti - litter education, and $6,120 for household hazardous waste materials and education guides. A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF $25,000 FROM THE COASTAL BEND COUNCIL OF GOVERNMENTS AND EXECUTE AN INTERLOCAL AGREEMENT TO PROVIDE RECYCLING AND ANTI-LITTER EDUCATION. BE IT RESOLVED E Y THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A resolution authorizing the city Manager or his designee to accept a grant from, and execute an interlocal cooperation agreement with, the Coastal Bend Council of Govern- ments in the amount $25,000 to provide recycling and anti- litter education. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: March 19, 2008 ARC k Eliza • h R. Hand le A.#4 Y Assis = nt city Attorney for the City Attorney EHres206.doe Henry Garrett Mayor day of .� f 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael X111 Cut n AN ORDINANCE APPROPRIATING A GRANT OF $25,000 FROM THE COASTAL BEND COUNCIL CIL of GOVERNMENTS ENTS II `HE NO. 1051 SOLID WASTE GRANTS FUND TO PROVIDE RECYCLING AND ANTI - LITTER EDUCATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant of $25000 from the Coastal Bend Council of Governments is appropriated in the No. 1051 Solid Waste Grants Fund to provide recycling and anti- litter education. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the city Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day f 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: March 19, 2008 Eliza. h R. Handley Assis . nt city Attorney for the City Attorney EFlord223.doc Henry Garrett Mayor Corpus Christi, Texas day of , 2008 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 /vie, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr, Mike Hummel! Bill Kelly Priscilla illa G. Leal John E. Marez Nelda Martinez Michael M Cut hon A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF $6,120 FROM THE COASTAL BEND COUNCIL OF GOVERNMENTS AND EXECUTE AN INTERLOCAL AGREEMENT TO PROVIDE HOUSEHOLD HAZARDOUS WASTE EQUIPMENT AND SUPPLIES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A resolution authorizing the City Manager or his designee to accept a grant from, and execute an interlocal cooperation agreement with, the Coastal Bend Council of Govern - ments in the amount of $6,'120 to provide carts to carry household hazardous waste ("WW1 non - corrosive shelving for the HHW storage building located at the Citizens' Collection Center, and educational pamphlets. ATTEST: CITY of CORPUS CHRISTI Armando Chapa City Secretary APPROVED: March 19, 2008 i Eliz th R. Hundley Ass •~ ant City Attorney for the City Attorney EHres2 7.doc Henry Garrett Mayor Corpus Christi, Texas - - -- day of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael M Cut hon AN ORDINANCE APPROPRIATING A GRANT OF $6,120 FROM THE COASTAL BEND COUNCIL OF GOVERNMENTS IN THE NO. 1051 SOLID WASTE GRANTS FUND TO PROVIDE HOUSEHOLD HAZARDOUS WASTE EQUIPMENT AND SUPPLIES; AND DECLARING AN EMERGENCY. BE IT ORDAINED E Y THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant of $6,120 from the Coastal Bend Council of Governments is appropriated in the No. 1051 Solid Waste Grants Fund to provide carts to carry household hazardous waste ("HHW"), non - corrosive shelving for the HHW storage building located at the Citizens' Collection Center, and educational pamphlets. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of city affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of - , 2008. ATTEST: Armando Chapa City Secretary APPROVED: March 19, 2008 Elizab R. Hundley Assis rt nt City Attorney for the city Attorney EHord224.cloc CITY OF CORPUS CHRIST Henry Garrett Mayor Corpus Christi, Texas day of , 2008 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: liwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel' I3111 Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 6 CITY COUNCIL AGENDA MEMORANDUM City council Action Date: April 8. 2008 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a contract with Molly Merkle (Artist) for the design, production, installation, and purchase of a abstract carved brick facade which is part of the building structure, in the amount of $32,74312 as part of the Percent for Art Program associated with the Southside Library construction project. ISSUE: The Arts and Cultural Commission has made a recommendation to the City Council to enter into a contract with Molly Merkle (Artist) for the purpose of designing and executing a mural for the Southside Library construction project. The library is being built next to Kaffie Middle school. REQUIRED COUNCIL ACTION: A motion authorizing the City Manager or his designee to execute a contract with Molly Merkle (Artist) is required. PREVIOUS COUNCIL ACTION: none. BOARD/COMM1SSION ACTION: The Arts and Cultural Commission approved their recommendation at their March 20, 2008, meeting. FUNDING: The project is funded. CONCLUSION AND COMM N ATION: The Arts and Cultural commission and the Visual Arts committee have reviewed the recommendation of the selection panel and approve the Southside Library construction art project. JtJ4I sally Ga vlik* i ire' o Parks and `i - creation Department Attachments: Background Information io BACKGROUND INFORMATION A Request for Proposal (RFP) was distributed to artists residing in South Texas and the surrounding areas for the execution of artwork to be located inside or outside the Southside Library, located at Kaffie Middle School. Two artists submitted proposals. The Arts and Cultural Commission's, Visual Arts Committee's, Southside Library Peer Panel reviewed the two entries and chose both artists to return to the next meeting to present an initial design and discuss any questions that the selection panel had regarding the design. At the next Peer Panel meeting, the artist, Molly Merkle, was introduced. The other artist, Faith Schexnayder, was unable to attend so Arts and Cultural Commissioner Lynda Jones presented her proposal. The Peer Panel approved Ms. Merk le's design of three carved brick panels imbedded in the outer walls of the 185 square foot area identified for the artwork. The Arts and Cultural Commission's Visual Arts Committee approved the recommendation from the Peer Panel at their March 20, 2008 meeting, after which the Arts and Cultural Commission voted to recommend the Molly Merkle artwork to the City Council on that same date. This project adheres to the Public Art Policies and Guidelines. The policies were passed by the City Council on March 10, 1 987. Under Section 2-109 (c), Municipal public art program, all allocations for funds for city construction projects shall include an amount equal to one and one - quarter (1 1 per cent of the construction cost, to be used for the selection, acquisition, commissioning, and display of works of art and any other associated costs such as professional fees, community education, insurance, curatorial services, identification, documentation and publicity. If the source of funding, applicable law governing any particular project, or the expenditure of such funds precludes art as permissible expenditure, the amount of funds so restricted shall be excluded from the construction cost, as defined herein, in determining the amount to be allocated as provided herein. City construction projects with a construction cost of less than fifty thousand dollars ($50,000.00) shall be excepted, and no allocation shall be made on such projects. AGREEMENT FOR COMMISSION OF PUBLIC ART BETWEEN THE CITY OF CORPUS CHRISTI AND MOLLY MERKLE -For Southside Library THE STATE OF TEXAS § COUNTY OF NUECES § This agreement { "Agreement "} is entered into by and between the City of Corpus Christi, Texas, a home-rule murticipa! corporation ("City"), acting through its duly authorized City Manager or the City Manager's designee ( "City Manager ") and Molly Merkle, Corpus Christi, Texas( "Artist"). Page 1 of 15 KNOW ALL BY THESE PRESENTS WHEREAS, the City has allocated funds for the selection, purchase, and placement of a public work of art at, in, or near the selected site of the Southside Library ("Project Premises"); WHEREAS, the city's issued a Request for Proposals ("RFP"), a copy of which is attached to this Agreement and incorporated into this Agreement by reference as Exhibit A, in order to obtain proposals for the fabrication and installation of public works of art for the City's Project Premises; WHEREAS, Artist submitted a design to City's Arts and Cultural Commission ("Commission") in response to the City's RFP ("RFP Response") and the RFP Response is incorporated into this Agreement by reference and attached to this Agreement as Exhibit B; WHEREAS, the City and Artist wish to set out the terms and conditions under which the Artwork is to be designed, fabricated, transported, and installed in order to promote the inte ri . integrity of Artist's ideas and statements as represented in the RFP and as represented b y and in the completed Artwork. NOW, THEREFORE, the City and Artist, for and in consideration of the covenants and agreements set out in this Agreement, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Preamble Language. The preamble language included above this initial numerated section is incorporated into this Agreement by reference and made a part of this Agreement for all intents and purposes. Section 2. Contract Administrator. The city's contract administrator for this Agreement is the City's Director of Parks and Recreation ("Director"). Section 3. Artwork, The City, through this Agreement, contracts with Artist to provide professional services in designing, constructing, finishing, transporting, and installing a permanent work of art ("Artwork"). A representative design of the Artwork, including lans and specifications, will be approved by the Arts Panel appointed by City Council and will y be attached to this Agreement as Exhibit C and incorporated in this Agreement by ref r e nc The city and Artist acknowledge that Artist's prelirninary desk n for the Artwork � Inns been reviewed and approved by the City's Arts and Cultural Commission ('Commission"), . commission whose members are appointed by the city's City Council ("City Council"). G-DIR‘Lisak2008 Parks and RaDreatiOniSouthsIde Library Art Conlractdoc 3/28/200811:28:25 AM Page 2 of 15 Section 4. Term of Agreement. This Agreement, (excluding certain covenants that survive this Agreement including, but not limited to, Sections 14(B), 22(B), 25, 26, and 27 ) will expire upon the City's final payment to Artist as governed by Sections 5(B)(iv) and 8(C) of this Agreement. Section 5. Compensation and Payment Schedule. A. The City will pay directly to Artist a fixed fee of $32,743.12F which is full compensation for all services to be performed and all materials to be furnished by Artist under this Agreement. The payment of compensation to Artist, at any time during the term of this Agreement, will not be deemed a waiver of any right of the City or acceptance, by the City, of defective performance by Artist. B. The fee will be paid in the following installments, each installment to represent full and final payment for all services and materials provided prior to the payment thereof: (i) $9,822.90 will be remitted by the City within five (5) working days of the execution of this Agreement by the City for preliminary design of the Artwork, supplies, and a portion of Artist's fees; (ii) $ 9,822.90 will be remitted by the City within ten (10) working days of receipt of Artist's Notice of Substantial Completion, the description of which is set out in Section 8(A) of this Agreement; (iii)$ 9,822.90 will be remitted by the City within ten (10) working days of written notice that the artwork is ready for installation, so long as: (1) the Artwork is in a deficiency -free condition, as reasonably determined by the City; (2) the Artwork appears to have been fabricated and completed in accordance with the plans and specifications set out in Exhibit 2; and (3) the City has issued a Notice of Acceptance, as set out in section 8(B) of this Agreement, as acknowledgment by the City that the conditions delineated in this Section 5(B)(iii) appear to have been met by Artist; (iv)$3,27442 within ten (10) working days after installation and final acceptance, as defined in Section 8(C) of this Agreement, of the Artwork or by the City. section 6. Fabrication of Artwork. A. Fabrication of the Artwork will be performed by Artist at Artist's art studio located in Itte-EicyA, Gity. Artist agrees to do the additional work reasonably necessary to complete the Artwork in accordance with the plans and specifications in Exhibit C, as described in Section 3. B. Artist shall furnish all labor, tools, materials, machinery, equipment, and incidentals necessary for the execution of the Artwork. Section 7. Completion f Artwork. The date of installation of the Artwork is not yet known due to the City's stage in the present phase of the construction of the Library. The Director shall send notice to Artist at least forty -five (45) days prior to the City's projected date of installation, The City's present anticipated completion date of the Project Premises is August, 2008. 3 -D1R1 sa12000 Parks and ecr aiion \Soulhslde Library Art Contract.doo 3/201200811:28 :25 AM Page 3 of Section 8. Notice of substantial Completion, Notice of Acceptance, and Notice of Final Acceptance. A. Artist shall send to Director a written notice of substantial completion "Notice of Substantial Completion") when the Artwork has been substantially completed in accordance with the plans and specifications described in Exhibit C. B. Upon the Artwork's arrival at the Project Premises, the City shall provide Artist with notice of the Artwork's arrival and will issue payment to Artist, under Section 5 B {iii} of this Agreement ("Notice of Acceptance"), unless the City gives Artist a written deficiency notice specifying the services or items that are not completed. Upon receipt of a deficiency notice, Artist will be given a reasonable time in which to correct all deficiencies noted by the City. Artist shall assume all costs associated with the correction of any deficiencies noted. Upon correction of all deficiencies, the City shall notify Artist in writing of the City's accepted arrival of the Artwork and issue a Notice of Acceptance. C. Upon installation of the Artwork and site cleanup, the City shall notify Artist in writing of its final acceptance ("Notice of Final Acceptance' of the Artwork. Final acceptance shall not to be unreasonably withheld. Site cleanup shall consist of Artist cleaning and removing from the installation site all surplus and discarded materials, temporary structures, and debris of every kind occasioned by Artist's installation work in order to leave the installation site in a clean and orderly condition, substantially the same as that which originally existed. Section 9. Installation of the Artwork. Artist shall provide plans and specifications for installation of the Artwork for Director's approval at least 7 calendar days prior to installation. Artist will also be contractually responsible for all completion costs associated with construction and installation of the Artwork. Section 10. Transport of Art work. Artist shall provide the City with a written, 30 -day notice prior to transport of the Artwork from Artist's studio, The notice must state the method, carrier, and date of shipping; the intended arrival date; and arrival location of the Artwork. section 11. Installation of Artwork. Artist shall be contractually responsible for the physical installation of the Artwork and all completion costs associated with the installation of the Artwork installed at the Project Premises. Section 12. Artwork Maintenance Instructions. Artist shall submit, within fourteen (14) days after arrival of the Artwork at the Project Premises, instructions regarding routine maintenance required for each component of the Artwork. Section 13. Work standards. Ali fabrication work must be performed in a good and workmanlike a manner and in accordance with the plans and specifications in Exhibits B and C. Section 14. Taxes. A. The City is a ax- exempt organization and no State of Texas or local sales taxes are due upon the Artwork by the City. The City shall supply Artist with a copy of the Texas Sales Tax Exemption Certificate ; ;Texas Certificate"). The City does not warrant that the 3-DIRILIsal.2008 Parks and Recreatlonl oulhslde 'Army Art Contractdoc 3/201200811 :2&25 AM Page 4 of 15 Texas Certificate will be acceptable in any other jurisdiction outside the boundaries of Texas for tax-exempt purchases of materials or supplies to be used for the Artwork. B. Artist is solely responsible for the payment of any and all taxes that may become due to any taking authority, agency, or entity with respect to services provided by Artist or with the Artwork that is the subject of this Agreement. This provision survives the expiration or earlier termination of this Agreement. C. Artist shall pay, before delinquency: all taxes, levies, and assessments arising from Artist's activities and undertakings pursuant to this Agreement; taxes levied on Artist's art studio and any improvements on the studio property or other place used for the fabrication and completion of the Artwork; taxes levied on Artist's equipment, tools, and machinery; and taxes levied on Artist's interest in this Agreement. Section 15. No Assignment of Work Without Authorization. The work and services required of Artist under this Agreement are personal to Artist and may not be assigned, delegated, or transferred without the express, written approval of the City. This provision does not prohibit Artist from having the Artwork cast at an approved foundry, which is permitted under Section 6 of this Agreement, or from employing qualified personnel to work under Artist's direct supervision and control with respect to the Artwork. Section 16. Review of Work in Progress. Upon reasonable, prior notice to Artist, the City's officers, employees, and agents must be allowed to make reasonable inspections and reviews of Artist's progress with respect to the Artwork. section 17. Insurance. A. Artist shall secure and maintain, during the term of this Agreement and at Artist's sole expense, the levels and types of insurance set out i Page 5 of 15 Section 19. Dedication Ceremony. A. Artist is requested by the city to attend a dedication ceremony upon opening of the Project Premises to the public. Since Artists business is located in the City any and all travel expenses related to Artist's decision to attend the dedication ceremony will be the responsibility of Artist. B. The City is solely responsible for coordinating public information materials and activities related to the dedication of the Artwork. Section 20. Public Information by Artist. Artist shall acknowledge the City's role in purchasing the Artwork in all public presentations and written, printed, or electronic publications of the Artwork following the execution of this Agreement. This obligation of Artist survives the termination of this Agreement. section 21. Independent Contractor; Lack of Contractual Authority. A. Artist shall perform all work and services under this Agreement as an independent contractor and not as an agent, representative, or employee of the City. B. This Agreement does not establish Artist as the agent or legal representative of the City for any purpose whatsoever, and Artist is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of, or in the name of, the City or to bind the City in any manner whatsoever. Section 22. Title; Copyright and License to Reproduce. A. Title to the Artwork will pass to the City upon remittance of the final payment. B. Artist retains all rights under the Copyright Act of 1976, 17 United States Code, Sections 101 et seq., as it may be amended, and all other rights in and to the work except ownership and possession. Notwithstanding the foregoing, Artist grants to the City an irrevocable license to graphically reproduce, through photography or otherwise, the image of the Artwork including, but not limited to, the Artwork proposal and ail preliminary studies, and to authorize third parties to graphically reproduce, through photography or otherwise, any and all of the same as are desired by the City for municipal purposes (e.g., education, public information, etc.). On each municipal reproduction, Artist will be acknowledged, using designations provided by Artist, to be the creator of the original Artwork depicted, provided that reproductions of any proposals p p and preliminary studies may not be identified as, or represented to be, the finished Artwork. The rights granted by this subsection survive the termination of this Agreement. Section 23. Identification Label. The City shall prepare, at its own expense, an identification label indicating Artist's name, the Artwork's title, and year of completion. This identification label will be placed near or adjacent to the Artwork whenever the Artwork is publicly displayed by the City. -DIRILIsa12008 Parks and RecreationlSouthaide Library Art Contractdoc 31261200811:28 :25 AM Page 6 of 15 Section 24. Risk of Loss. Artist shall take all measures reasonably necessary to protect the Artwork from loss or damage until Artist has completed delivery to the City of all materials that constitute and form the Artwork and ownership is transferred to the City. Artist shall obtain property insurance, as set out in Section 17 of this Agreement, for loss or damage of the materials paid for by the City while in Artist's possession and control. Section 25. Indemnification. To the extent allowed by Texas law, Artist ("Indemnitor") shall fully indemnify, save, and hold harmless the City and its officers, employees, and agents (collectively, "Indemnitees ") against any and all liability, damage, loss, claims, demands, and actions of any nature whatsoever on account of personal injury (including, without limitation on the foregoing, premises defects, workers' compensation, and death claims), property Loss, or damage of any kind whatsoever, including dishonest, fraudulent, negligent, or criminal acts of the Indemnitor or the Indemn!tor's employees, representatives, or agents, acting alone or in collusion with others, which may arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, Indemnitor's design, fabrication, installation, repair, restoration, or removal of the Artwork and any act or omission of the Indemnitor or of any agent or employee of Indemnitor pursuant to performance under the terms of this Agreement. The terms of this indemnification are effective regardless of whether the injury, damage, or loss is caused by the sole, contributory, or concurrent negligence of the Indemnitees or any of them individually. The Indemnitor covenants and agrees that, if the Indemn!tee is made a party to any litigation against the Indemnitor or in any litigation commenced by any party other than Indemnitor relating to this Agreement, Indemnitor shall, upon receipt of reasonable notice regarding commencement of litigation and at his /her own expense, investigate all these claims and demands, attend to their settlement or other disposition, defend Indemnitee in all actions based thereon with counsel satisfactory to the Indemnitee, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, claim, demand, or action. No Iiability attaches to the City by virtue of entering into this Agreement except as is expressly provided for under this Agreement. This provision survives the expiration or earlier termination of this Agreement. section 26. Artist's Warranties. A. Warranty Against Defects. Artist warrants that the Artwork is designed to last for 20 years and guarantees the Artwork against faulty material and workmanship, incl din inherent vice. The term inherent vice means a quality within the material(s) that compromise(s) the Artwork and, either alone or in combination, results in the tendency of the Artwork to destroy itself and its image. In the event of a claim by the City for faulty material or workmanship, Artist shall, at the City's option, remedy or pay for any foss or -DI 1Li a1 OD8 Parka and Recreation\ ouch ide Library Art Contractirdoc 3120/200811:28:25 AM Page 7 of 15 damage resulting from faulty material or workmanship that occurs or appears after the date the City issues a Notice of Final Acceptance of the Artwork. Nothing contained in this Agreement or any action whatsoever by the City constitutes an acceptance of work not done in accordance with the provisions of this Agreement or relieves Artist of liability or responsibility for faulty material or workmanship. This provision survives the expiration or earlier termination of this Agreement. B. Warranty of Title. Artist warrants and guarantees that, upon the City's final remittance of payment to Artist, the City acquires good title to the Artwork and that the Artwork is free from any and all claims, liens, and charges of and by any person or entity including, but not limited to, all employees and suppliers of Artist. This provision survives the expiration of this Agreement. Section 27. Collection Management. A. The City reserves the right to manage its collection of art, including the Artwork, consistent with all applicable laws, the City's Charter, ordinances, and municipal policies. The City, through this Agreement, is commissioning and purchasing a work of public art, and the City shall determine the Artwork's placement at the Project Premises, This reservation of rights survives the expiration of this Agreement. B. The City reserves the right to manage its buildings, facilities, and public sites for public purposes and, in doing so, may determine that it is necessary to relocate or remove the Artwork or modify the site in or on which it is located. This reservation of rights by the City survives the expiration of this Agreement. section 28. Force Majeure. No party to this Agreement will be liable for failures or delays in performance due to any cause beyond their control including, but not limited to, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, and riots or interference by civil or military authorities. Artist shall inform the City in writing and submit proof of force majeure within three (3) business days of the event or occurrence of force majeure. Artist's failure to inform and submit proof to the City of force majeure constitutes a waiver of this right as a defense. The failures or delays to perform extend the period of performance until these exigencies have been removed. Section 29. Survival of Terms. Termination or expiration of this Agreement for any reason does not release either party from any liabilities or obligations set forth in this Agreement that: 1) the parties have expressly agreed survive the termination or expiration including, but not limited to, Sections 14(13), 22(B), 25, 26, and 27; 2) remain to be performed; or their nature would be intended to be applicable following the termination or expiration. section 30 Assignment and Transfer. This Agreement may not be, in whole or in part, assigned or transferred, directly or indirectly, by Artist without the prior written consent of the Director and City Manager. Subject to the foregoing, this Agreement is binding upon the City and Artist, their successors, and assigns. Section 31. Non-Discrimination. ination. Artist shall not discriminate or p ermit discrimination against any person or group of persons, as to employment or in the performance of services under this 3 -DI ILI a120D8 Parka and RecreationiSouthsIde Library Art Contract.doe 3/26/200811 :28 :25 AM Page 8 of 15 Agreement, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The Director retains the right to take the action as the United States may direct to enforce this non - disorimination covenant. Section 32. Compliance with Laws. A. Artist must comply with all applicable Federal, State, and local government laws, rules, regulations, and ordinances that may be relevant or applicable to Artist's performance under this Agreement. B. This Agreement is also subject to applicable provisions of the City's Charter. section 33 Venue. Ali actions brought to enforce compliance with this Agreement must be brought in Nueces County, Texas, where this Agreement was executed and will be performed. Section 34. Interpretation. This Agreement will be governed by and construed in accordance with the taws of the State of Texas. Section 35. Notice. A. All notices, demands, requests, or replies provided for or permitted, under this Agreement by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid: by prepaid telegram; (4) by deposit with an overnight express delivery service, for which service has been prepaid; (5) by fax transmission; or e- -mail. B. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective two (2) business days after deposit with the United states Postal Service. Notice by telegram or overnight express delivery service in the manner described above will be deemed effective one 1 business day after transmission to the telegraph company or overnight express carrier. Notice by fax or e-mail will be deemed effective upon transmission with proof of delivery to the receiving party. Alf communications must only be made to the following: C . Either party may change the address to which notice is sent by using a method set out above. Artist shalt notify City of an address change within ten (10) days after the address is changed. D. Notice to the Artist may be mailed to: Molly Merkle, 409 Dolphin Place, Corpus Christi, Texas 78411. E. Notice to the City may be mailed to: City of Corpus Christi, Attn: Director of Parks and Recreation, 1201 Leopard Street, Corpus Christi, Texas 78401. section 36. Mechanics and llaterialrn's Liens. Artist must not allow the Artwork to be encumbered by any notice of intention to file a mechanic or materialman's lien or by the filing of a mechanic or materialman's s lien. In the event that any notice of intention to file a mechanic or materialman's lien is received b y Artist or a mechanic or materialman's lien is filed against the 3 -DIR Llsa12008 Parks and RecreatIanl outhsIde Library Art contract.doc 3/20/200811:28:25 AM Page 9 of 15 Artwork purporting to be for labor or materials, Artist must discharge the same within ten (10) days of the notice or filing. Section 37. Disputes. Any disputes concerning Artist's performance of this Agreement that are not disposed of by agreement between Artist and the Director will be referred to the city Manager or the city Manager's designated representative. If these persons do not agree upon a decision within a reasonable period of time not to exceed forty -five days, the parties may pursue other legal rights and remedies to resolve the disputes. Section 38. Modification or Amendment. No modification or amendment of any of the terms of this Agreement will be effective unless the modification or amendment is in writing and signed by an authorized representative of each of the parties to this Agreement. Section 39. Waiver. A. The failure of either party to complain of any act or omission on the part of the other party, no matter how long the sane may continue, will not be deemed a waiver by said party of any of its rights under this Agreement. B. No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement by either party at any time, express or implied, will be taken to constitute a waiver of any subsequent breach of the covenant or condition nor will justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition of this Agreement. C. if any action by Artist requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same action or any other action on any other occasion. D. Any waiver or indulgence of Artist's default of any provision of this Agreement will not be considered an estoppel against the City. It is expressly understood that, if at any time Artist is in default in any of its conditions or covenants of this Agreement, the failure on the part of the city to promptly avail itself of said rights and remedies that the City may have will not be considered a waiver on the part of the City, but the city may at any time avail itself of said rights or remedies allowed under this Agreement, in law, or in equity. E. Any waiver or indulgence of the City's default of any provision of the Agreement will not be considered an estoppel against the Artist. It is expressly understood that, if at any time the City is in default in any of its conditions or covenants of this Agreement, the . failure on the part of the Artist to promptly avail itself of said rights and remedies that the Artist may have will not be considered a waiver on the part of the Artist, but the Artist may at any time avail itself of said rights or remedies allowed under this Agreement, in law, or in equity. Section 40. Severability. A. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final 31)11--Misak20013 Parks and # ecreationISouthaide library Art contractidoc 3/20/200811 :28 :25 AM Page 10 of 14 judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. B. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, in lieu of each illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically, section 41. Acknowledgment and Construction of Ambiguities. The parties expressly agree that they have each independently read and understood this Agreement. By Artist's execution of this Agreement, Artist agrees to be bound by the terms, covenants, and conditions contained in this Agreement. By agreement of the parties, any ambiguities in this Agreement may not be construed against the drafter. Section 42. captions. The captions utilized in this Agreement are for convenience only and do not in any way limit or amplify the terms or provisions of this Agreement. Section 43. Disclosure of Interests. Artist further covenants and agrees, in compliance with the City Code of Ordinances, Section 2-349, as amended, to complete the Disclosure of interest form that is attached to this Agreement as Exhibit E and that is incorporated by reference into this Agreement. section 44. Executory Agreement. This Agreement is not considered valid until signed by authorized representatives of each of the parties and approved by the City Council. Section 45. Entire Agreement. No verbal agreements or conversations between any officer, employee, or agent of the City and Artist or Artist's agent prior to the execution of this Agreement affect or modify any of the terms or obligations contained in this Agreement. Any verbal agreements or conversations prior to execution of this Agreement are considered unofficial information and in no way binding on either party. This Agreement and the attached and incorporated exhibits constitute the entire agreement between the City and Artist for the purpose stated. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Agreement, unless contained in this Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Agreement and its exhibits of the terms, conditions, promises, and covenants relating to Artist's performance under this Agreement. EXEC ED IN DUPLICATE, each of which will be considered an original, on this the 31 day of J'JtCJYC,IA , 2008. -DI lLisal O08 Parka and Re reation1Southskte Library Art Contractsdoc 3/26/200611:34:11 AM ATTEST: CITY OF CORPUS CHRISTI Armando Chapa George K. Noe City Secretary City Manager APPROVED AS TO LEGAL FORM ��"Y � r 2008 Lisa Aguil Assistant City Attorney for City Attorney ARTIST By: Molly Merkle STATE OF TEXAS COUNTY OF NUECES Date: M u.r r•14. 31 ZOOS' Page 11 of 14 This instrument was acknowledged before me on M u-reA4 3 � MoIly Merkle. Notary Public, State of Teiias FeA2 ruaki 27 Z01 u My Commission Expires Seal: eitql.Z% RE A i GEORGE Notary Public, State of Texas My Commission Expires February 27, 2010 Re)04___/ Notary's Printed Name DIR Lisal2O 8 Parks and Recr atIonl o thside Library Art Contractdoc 31231200811 :34:00 AM Page 12 of 15 LIST" OF ATTACHE EXHIBITS Exhibit A: City's RFP Exhibit B: Artist's Response to City's RFP Exhibit C: Representative Design and Plans and Specifications for Artwork Exhibit D: Insurance Requirements Exhibit E: Disclosure of Interest Form Exhibit F: Release of Liability and Covenant t Not to Sue -DIRIL ea12 o8 Parks and RecreatIonl nuthsIde Library Art Contraclidoe 3/28/200011:28:25 AM City of Corpus Christi, Texas Arts and Cultural Commission ion Public Art Program To: Open call to visual artists. From Staff' Liaison to the Arts and Cultural Commission, City of Corpus Christi Project: Public Artwork, South Side Library (construction is currently underway) Budget: $32,743.12; to cover all costs associated with design, fabrication, materials, transportation and installation of the artwork (includes all artist ar ex p ses Application Deadline: All artist's packets and/or materials pertaining to the proposal must be received by 5:00 p.m., January 14, 2008. A. PROJECT DESCRIPTION The City of Corpus Christi Arts and Cultural Commission issues an open call to artists. One or more artists will be selected to design, create, and install a work of art on the interior or exterior of a new library located in the south side area of Corpus Christi (completion � p of the library is expected to be in August of 2008 and will be adjoining the already existing Kaffie Middle School. Kaffie Middle School, located at 5922 Brockhampton St., opened in September 1988 with a student enrollment of 1,100. The building was constructed with funds by Corpus Christi voters in the fall of 1985 and the family of Harold C. Kaffie, for whom the school is named, donated the land. The 131,250 square --foot facility has 52 classrooms and sits on a 23 -acre plat of land. As this will be the first public library in the surrounding area, south side residents are excited, and daily attendance is expected to be great. The Art Selection Panel has designated two potential sites, both of which are compatible for 3-D work. The following guidelines should also be considered for both sites: For the interior location, work that could be accepted would be artwork that can be hung from the ceiling, artwork can be previously completed or site ,l ecific. For the exterior location, there are three recessed areas in staggered walls. Each wall is 16' x 16' with a, 11 wide x 81 " high, recess for murals. The total area of all three murals is 185.6 sq. ft. The architects for the project, WKMC Architects, Inc, encourage the submitting artists to consider using carved brick as the art medium, which will be E3th;1- A P6) I of 4-- the same color as the library brick. Should carved brick be chosen, the brick factory will provide unfired brick samples for practice by the artist. Contact information for the brick factory in Elgin, Texas (the manufacturer of the brick to be used in the library construction) will be provided upon request; this factory has facilities for on -site brick carving. The chosen artist may need to carve on that site. All exterior artwork must be highly visible from the street; special lighting is provided in the building design to illuminate the exterior artwork at night; work can be previously completed or site specific. Library personnel have suggested an interior theme of Marine Life. This may or may not be considered by the artist. All subject matter will be considered. For both locations all subject matter will be considered, but artwork must be appropriate for the character, dignity and function of a public library. If an exterior project, the art selection panel will only consider work that is durable and can withstand exposure to high winds, heat, sun, salt and rain. Both exterior and interior projects will be expected to last for no less than twenty years. If the artwork is not carved brick, the artist will be responsible for all costs associated with the creation, transportation, and installation of the artwork. If carved brick is the selected art medium, the artist's cost for workspace at the brick plant, firing, packaging, transportation and unloading will be $590.00 plus approximately $55.00 per sq. ft. (approximate total cost of $1�,798.00). The remainder of the budget will be the artist's design and sculpting fee. B. ARTIST ELIGIBILITY The artist(s) will be selected under the auspices of the City of Corpus Christi Public Art Ordinance and the Policies and Guidelines that it authorizes. Eligibility requirements for each project as established by the Visual Arts Committee are listed below, 1. Artists will be selected on the basis of their qualifications, as demonstrated by past work, appropriateness of the proposal to the particular project, and its probability of successful completion. 2. Specifically excluded are works of art done by: students under the supervision of art instructors or done to satisfy course requirements; the design architect. or members of the design architect's firm; City employees and; artists who are members of, or related to members of, the Corpus Christi Municipal Arts Commission, C. SELECTION PROCESS The Art Selection Panel will consist of a quorum of two voting professionals and two voting community representatives. They will be assisted by an advisory member representing the project architectural firm, and by an ACC member. The panel's E lk - P5 2 of 4 recommendation will be forwarded to the Arts and Cultural Commission for approval and, in turn, recommended to the City Council for final approval, A contract between the artist(s) and the City will be executed upon City Council approval. The Art Selection Panel is not obligated to select any of the work proposed. Selection will be based on the majority vote of the panel members. The ACC member assigned to the project will vote only in the case of a tie. While the Art Selection Panel may agree to ask specific artists to submit proposals, this project is being conducted as a worldwide competition. The selection will be based on artistic and technical excellence, professional experience, and suitability of the artwork to the project and its construction schedule. On January 16, 2008, the Art Selection Panel will view all materials received on or before January 14 2008, to decide what will or will not work for this project. Following the initial viewing, the artists whose materials were judged appropriate for this project will advance to the next step. i�ie to e determined, a site- specific proposal for the site will be due from chosen artists. Date to be determined, the panel will meet to review all other materials submitted by those artists still being considered, and (if possible) select one. During the following week, references will be contacted and the artist will be invited to Corpus Christi . During the visit the artist will meet and interview with the selection panel and become familiar with the site and the City. Date to be determined, The Art Selection Panel will recommend final selection of the artist to the Arts and Cultural Cornn is ion. The Commission will, in turn, make its recommendation to City Council. Materials and number of copies to be sent in packet: • One (1) disk of 10 digital images. The panel will only view the first 10. • Sheets of accumulated images with work information that corresponds to the digital images on the disk. • Six copies of signed letter of interest • Six copies of current professional r su rr &. Please include contact information of four individuals familiar with your work, including e- mails. • Optional: Six copies of an initial design or one (1) maquette of a sculpture. • The Arts and Cultural Commission respectfully asks to keep materials received for an art database for future public art projects. Materials ma be mailed to or ma be hand -- delivered to: Arts and Cultural Commission City of Corpus Christi 1581 N. Chaparral Street atOdfift- A- c319 3 of 4 Corpus Christi, TX 78401 Attn: Public Arts Manager If mailed or hand- delivered the materials must arrive by January 14, 2008. For more information, contact Joe Pefia at 6 0 826-3414 or via email at oe en cete s.com The Corpus Christi Arts and Cultural Commission cannot be responsible for lost, missing, or damaged materials. Ex6ioit h — Pg 4 of p' � ..q nit +yww hlpffL �IriW1 Lt S t - - else dui ar � w FP a idle o u ' r it2vor�.arr.aea From: Chris S m n r To: Lisa Aguilar Date: 3/20/2008 1 :48 :21 PM Subject: Fwd: RFP, Kaffle Middle School Public Library Lisa, Here Is the artist's proposal for the So thslde Library art piece. Thanks, Chris Molly Merle r ollyr erkr ( s 3/20/2008 11:10 AM Molly Meade 409 Dolphin Place Corpus Christi, Texas 78411 361476-8333 .M_QHMWIWOmac.com In response to the RFP by the City of Corpus Christi for the Kaffle Middle School Public Library, 1 am submitting the following proposal. !will create 3 murals to fit In the niche' s designed by the architects of the library. Each mural will measure 9 feet 2 inches by 6 feet 6 Inches and wfll be made of carved bricks. The designs on the three panels will depict Air, Earth and Water with deign elements of Indigenous species and plants. The total cost of the project, including installation, Is $32,74a12. !will do the carving at the Acme Brick Plant In Elgin, Texas. The bricks will be made there, of the sane brick as the rest of the library. Acme Brick Company will fire, package, transport and defler the bricks to the job site. The bricks will be installed by Scott Sutherland, who is Installing the rest of the bricks for the entire library. Thank you Molly l erk e. Exkii20.- 13 • • E41;L,;:: .Fat*e3 ..� }IICI -• VYc*Lef . batutiA- c - P4Se a of 3 Page E,d,;t c - Pad 3 •F 3 Page 13 of 14 EXHIBIT D L ARTIST'S INSURANCE REPORMENTS A. Artist must not commence work on the Artwork until all insurance required herein has been obtained and such insurance has been approved by the City. Artist must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Artist must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE 30-Day written notice of cancellation, non - renewal, material change or termination Is required on all certificates MINIMUM INSURANCE COVERAGE Bodily injury and Property Damage Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Broad Forty Property Damage 6. Independent Contractors 7. Fire Damage PROPERTY INSURANCE 1. Fire and Extended coverage to include theft and vandalism exposures TRANSPORTATION / INSTALLATION INSURANCE 1. During transportation of the artwork from the Artist's studio to Corpus Christi, TX . During the installation of the artwork at the Site . -DIR Lisa12008 Parks and RecreationiSouthede Library Art c ntraot,doo 3/26/20081 1:33:39 AM At a minimum, in amounts sugficient to cover the loss of materials paid for by the City while in the Artists' possession and control, in addition to the Artist's property In amounts sufficient to cover the replacement cost of the artwork In amounts sufficient to cover the replacement cost of the artwork Page 14 of 14 WORKERS' S' CoIIIPENSATI N EMPLOYERS' LIABILITY Required for installation of Artwork on site MUST COMPLY WITH THE TEXAS WOES" COMPENSATION ACT AND PARAGRAPH 11 OF THIS EXHIBIT $0,000 D. In the event of accidents of any kind, Artist must furnish the Risk Manager with copies of all reports of such accidents within ten 10 days of the accident. 11. ADDITIONAL REQUIREMENTS A. Artist must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred by the Artist will be promptly met. In lieu of Workers' - compensation coverage, Artist may execute attached Release and Covenant Not to Sue. B. Certificate of Insurance: 1. The City of Corpus Christi must be named as an additional insured on the General liability coverage, and a blanket waiver of subrogation is required on all applicable policies. 2. If your insurance company uses the standard ACORD D form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left ". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. 3. The name of the project must be listed under "Description of operations ". 4. At a minimum, a 30-day written notice of cancellation, material change, non - renewal or termination is required. C. If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.B (9 )-(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1) -(7) are included or excluded. ;-DIMLisak2008 Parks and f e r aUUon‘South ide Library Art Contractsdoc 3/26/200811 :33 :39 AM SUPPLIER NUMBER ER .... �.... TO HE ASSIGNED B PUR HAS DIVISION cif o. hrs CITY CORPUS CHRISTI DISCLOSURE OF INTEREST All persons or firms seeking to do business with the City must provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for definitions, COMPANY NAME rt of c mer�.I P. 0. BOX: l D UQlpti;.1 fl STREET: CITY: Cor pus 614 e'iS +iL ZIP: 1'4LbL FIRM IS: I. Corporation 2. Partnership ( ) 4. Association Other ( ) DISCLOSURE QUESTIONS If additional space is necessaj , please use the reverse side of this page or attach separate sheet. �� i� r • r * "interest" � 1. State the names of each employe of the City of Corpus Christi having an interest' in the above named "firm." 3. Sole Owner Name Job Title and City Department (if known) 2 State the names of each Council Member of the City of Corpus Christi having a "substantial interest" in the above named "firm," Name Title 3. State names o eac • oar s mein above named "firm." Name City of Corpus Christi i g s stantia interest in e Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "interest" in the above named "firm." Consultant CERTIFICATE i 1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Codifying Person: M 0 11 Mer ki Title: Av flS+ or tic Signature of Certifying Person: Extelit7j- ate: 3�31� D4S DEFINITIONS a. "Board member," A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, i RELEASE OF LIABILITY AND COVENANT NOT TO SUE THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: This Release of Liability and Covenant Not to Sue (hereinafter "Release") is made by and between Molly Merkle and the City of Corpus Christi, Nueees County, Texas, executed on Me4-Irc/t't 7l, 2.corg, and is entered into for the purpose of r leasin the City of Corpus Christi, its officers, employees, representatives, agents and contractors (herein collectively referred to as "City") from any and all liability whatsoever arising out of, caused by, or in any way connected with, either proximately or remotely, wholly or in part, participation by Molly Merkle in providing professional artist services, which is the subject of the attached contractual agreement ("Agreement") between Molly Merkle and the City. I, Molly Merkle, in exchange for City allowing me to forego the condition of providing a Worker's Compensation insurance policy as a requirement of the Agreement, do hereby voluntarily enter into the following covenants: 1. 1 acknowledge that 1, individually, employ no other workers than myself. I covenant that I will not enter into an employer- employee relationship with any individual or individuals during the term of the Agreement. I acknowledge that the capacity in which I wi 5. I acknowledge that my services under the Agreement may occur on real property located in the City of Corpus Christi, Nueces County, Texas. It is my intention to completely absolve the City of all potential liabili 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 8, 2008 AGENDA ITEM: A. Resolution authorizing the City Manager, or his designee, to execute all documents necessary to accept the Sumner Food Service Program Grant in the amount of $417,000 from the Texas Health and Human Services Commission to operate a Summer Food Service Program for Summer Recreation Program participants ages one to eighteen years. B. Ordinance appropriating a $4'1 , 00 grant from the Texas Health and Human Services Commission in the No. 1067 Parks and Recreation Grant Fund to operate a Summer Food Service Program for Summer Recreation participants ages one to eighteen years; and declaring an emergency. C. Resolution authorizing City Manager, or his designee, to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for Summer Recreation. ISSUE: In order to provide certain services associated with the city's Summer Recreation Programs, the City Council must A) approve a resolution to accept the Summer Food Service Program Grant from the Texas Health and Human Services Commission B) approve a resolution to execute an interlocal agreement with CCISD, C) appropriate grant funds in the amount of $417,000 REQUIRED COUNCIL ACTION: : Action is required to accept the Summer Food Service Program grant, appropriate grant funds and authorize the City Manager or his designee to execute all related contracts and documents for the 2008 Parks and Recreation Department Summer Recreation Programs. PREVIOUS COUNCIL ACTION: The City Council has approved the youth nutrition grant in prior years. FUNDING: Texas Health and Human Services Commission grant funds for the Summer Food Program. CONCLUSION AND RECOMMENDATION: Staff re'. mends approval. Sally a , Director Parks a f +► Recreation Department Attachments: Background Confirmation of Funding Letter interlocal Agreement BACKGROUND INFORMATION Background: The U.S. Department of Agriculture (USDA) through the Texas Health and Human Services, Special Nutrition Programs provides funding for summer nutrition programs as an extension of the National School Lunch Program. The City's Summer Recreation Program is again receiving this grant for the Summer Recreation sites and other local non - profit agencies. (Item No local match is required. This program is a collaborative effort with many agencies to provide summer meals to the youth of Corpus Christi. Sites to be served are Joe Garza Recreation Center, Ben Garza Recreation Center, Lindale Recreation Center, Oak Park Recreation Center, Oso Recreation Center, T.C. Ayers Recreation Center, Collier Pool, H.E.E Pool, Greenwood Pool, Cunningham Middle School (21 51 Century, Driscoll Middle School 21st Century), Lexington Elementary (21st Century), Martin Middle School (21st Century), South Park Middle School (21st Century), Wynn Seale Middle School (21st Century), Kostoryz Elementary (Bi-Lingual), Shaw Elementary (Bi-Lingual), Fannin Elementary, Galvan Elementary, Meadowbrook Elementary, Moore Elementary, Mary Grett School, Moody High School, Chula Vista Elementary, Wilson Elementary, Yeager Elementary, Garcia Arts Education Center, Gonzales Community Center, Holly Park Apartments, Lexington Manor Center, Northside Manor Apartments, Weed and Seed Program (Oscar Ramiro iro Center), Wiggins Recreation Center, . Q.C.A. Hilltop, and Y.M.C.A Central. Additional agencies are still contacting the Parks and Recreation Department to be included in the 2008 Summer Food Service Program. Over the past few years, the City and CCISD have entered into local interagency agreements for the preparation and delivery of meals to the sites (item B). The City and CCISD again propose to enter into a contract for CCISD to prepare and deliver the lunches at a rate of $2.00 per lunch and $. 60 per snack, both provided on a weekday basis durin g the eight week Summer Program, June 8th through August 8th, 200 8. The Summer Youth Program sites (Calk Elementary, Wilson Elementary, and Yeager Elementary) will be serving meals Monday through Thursday, as per the CCISD summer schedule. Other sites wilt be serving meals Monday through Friday, depending on program requirements. The lunches consist of sandwiches, fruit/vegetable, milk and dessert. The snack consists of fruit/vegetable, milk and dessert. It is estimated that appro imately3 ,310 meals per day will be reimbursable meals. Some of the youth in the summer programs bring their own lunch or come to the facilities after lunch. CCISD will maintain and provide menu records as well as daily meals served until the program's end. At the individual sites, the City employs CCISD Food Service staff as part-time, seasonal employees to verify meal counts, serve meals, and clean the sites. Grant funds are used to pay the seasonal employees, cleaning supplies, monitors, and food costs. Total program costs, including operation and administration, are to be provided by the State's reimbursement. An ordinance is necessary to appropriate the grant of $417,000 in order to implement the program. TEXAS DEPARTMENT OF AGRICULTURE TODD STAPLES coMI.ussIoNmac February 15, 2008 Dear Summer Food Service Program Contractor: It is time for your organization to provide the Texas Department of Agriculture (TDA) with the information necessary to continue your participation as a sponsor in the Summer Food Service Program (SFSP). Your agreement to participate is permanent — however, we need updated information about your 2008 SFSP prior to the start of your program operations. Accessing Forms You can access the application forms listed on Attachment hment #2 by downloading them from the TDA SFSP website, viww.summerfooct.m. If you are not able to access the forms from the SFSP website, please contact your Food and Nutrition Field Operations ice (FM F00). Required Signatures Only an Authorized Representative resentative that has been authorized on Form H4508, Certificate of Authority, can sign program- related documents for your organization. USDA-Donated Commodities You must complete and submit the forms listed in Attachment #3 if you wish to accept USDA- donated commodities. Submit these forms to your F&N F (Attachment #1) when you submit your SFSP Application forms. If you have any questions about the forms listed in Attachment #3, please contact Heather Duncan at 12 420-2516 or by email at Hethr.un antda.state.tx. s. Submittal of Forms The TDA Food and Nutrition Division (FND) Agreement and all other required forms must be sent to your F&N F (Attachment #1). Sponsors should submit the completed SFSP application and all necessary supporting documentation to TDA prior to awo, 15, 2008. Note: TDA is prohibited from approving an SFSP application submitted after June 15, 2008. Required Training All applicants for the 2008 SFSP must receive program training prior to the beginning of the operation of their SFSP. As a convenience to organizations interested in becoming a SFSP sponsor in Summer 2008, training sessions will be held in several cities across the state. The P.O. Box 12847 Austin, Texas 7 711 (512) 463-7476 Fax: 223-8861 For the Hearing Impaired: 735-2988 www.ta. sat.t. s SFSP Program Management Training schedule is available on the TDA website at www. n t .org, select "Continue to S PTe as.or " and then select'Program/Nutrition Training from the menu on the left -hand side of the webpage. You will receive a certificate verifying your completion of the required program training. You must submit a copy of this certificate with your completed application. Food Service Management companies If your organization plans to contract with a Food Service Management Company to provide SFSP meals, you must use Form H1628, invitation For Bid and Contract, for each bid solicitation. All federal and state contracting requirements must also be adhered to. Please refer to Sections 4000 and 7000 in your SFSP Handbook for detailed information. Outreach Afaterials A SFSP information poster, that you can use to conduct outreach for your SFSP, can be ordered from your F&N FOO and is also available for download on the SFSP website, ww.surr merfo...0 • . This poster can be placed in various locations in your community to create awareness about and increase participation in your program. The poster contains the 24- hour Statewide SFSP Hotline telephone number, 2 -1 -1, that anyone can call to request information about the location of the nearest SFSP feeding site. Please contact your F&N FOO to order a supply of SFSP posters. We look forward to working with you in continuing to increase the number r of children in Texas who receive nutritious meals in Summer 2008. Enclosures gl2Pfri) CISD Develowlieatt cutclAtt4 March 14, 2008 Mr. Clint Wyatt, Program Manager City of Corpus Christi Parks & Recreation PO Box 9277 Corpus Christi, Texas 78469 Dear Mr. Wyatt: Office of Food Services CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT 4922 Westway Corpus Christi, Texas 78408 Office: 361/844-0222 Fax: 361/844-0226 Website: www.ccisd.us The purpose of this letter is to document the intent of the Corpus Christi ISD Office of Food Services to enter into an agreement with the City of Corpus Christi Parks and Recreation department to provide meals for their programs during the summer of 2008. Meals would be prepared and delivered to the agreed upon sites according to all applicable federal, state, and local guidelines; using procedures that work for both entities. The charge to the city for the meals will be $2.00 for a lunch and $0.60 for a snack. Please let me know if you need further information. Sincerely, "41,0q,cpOw Jody Houston Director for Food Services Corpus Christi ISD Ck CC: Benito Reyes Xavier Gonzalez RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT THE SUMMER FOOD SERVICE PROGRAM GRANT IN THE AMOUNT OF $417,000 FROM THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION TO OPERATE A SUMMER FOOD SERVICE PROGRAM FOR SUMMER RECREATION PROGRAM PARTCIPANTS AGES ONE TO EIGHTEEN YEARS BE IT RESOLVED LED THE CITY COUNCIL F THE cirif OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute all documents necessary to accept the Summer Food Service Program Grant in the amount of $41 7,000 from the Texas Health and Human Services Commission to operate a Summer Food Service Program for Summer Recreation Program participants ages one to eighteen years. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: March 13, 2008 / „,6-A Lisa Auiiar.� Assistant City Attorney For City Attorney Henry Garrett Mayor H: \LEG - IR\Li a e luti r lS mmer Food Grant Acceptance Resolution 0 .d c Page 2 of 2 Corpus Christi, Texas of - - -- # 2008 The above resolution was passed by the following vote: Henry Garrett Melody cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:\LE -DIR Jeannie \Lisal es -Grant Accept2008SurnmerFoodServProgram.doc Page 1 of 2 ORDINANCE APPROPRIATING A $417,000 GRANT FROM THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION IN THE NO. 1067 PARKS AND RECREATION GRANT FUND TO OPERATE A SUMMER FOOD SERVICE PROGRAM FOR SUMMER RECREATION PARTICIPANTS AGES ONE TO EIGHTEEN YEARS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a $417,000 grant from the Texas Health and Human Services Commission in the No. 1067 Parks and Recreation Grant Fund is appropriated to operate a Summer Food Service Program for Summer Recreation participants ages one to eighteen years. 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 (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 on first reading as an emergency measure this the 8th day of April, 200 8. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett. City Secretary Mayor Approved: fi\PI C1/43-7-1, 1 3, --2cc- Lisa Aguila `- Assistant City Attorney For City Attorney H:\LE - DIRlisa12008 R I ANDESISummer Food Program Appropriating Ordinance 2008.DOC Page 2 of 2 Corpus Christi, Texas Day of , 2008 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: lire, 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 Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:1LE - DIR\Jeannie1Li a\ rd- ummerFood arvi 2006.DDD Page 1 of 2 RESOLUTION AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT TO PROVIDE SUMMER FOOD SERVICES FOR SUMMER RECREATION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute an Interlo al Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for Summer Recreation. The Agreement is attached as Exhibit A and a copy is on file in the City Secretary's Office. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED:))\iwt.-.)4.- LA Lisa Aguilar. Assistant City Attorney For City Attorney ,2-ey,:;.F NILE -DIF \Lisa\2008 F esolution !Summer Food Program Interlocal Resolution 2008 doc Page 1 of 2 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home -rule municipal corporation (city), and the Corpus Christi Independent School District (District) for purposes of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring summer recreational programs for children from June 6, 200 8, to August 8, 2008 at which food will be served (Summer Food Program); and WHEREAS, the District agrees to provide unitized lunch and snack meals, inclusive of milk and juice (hereinafter collectively referred to as Meals), to the City for a fixed fee. NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. This Agreement begins June 6, 2008 and ends August 8, 2008. 2. Consideration. The City shall pay the District $2.00 per lunch meal and $. 60 per snack meal. 3. Billing. The District shall bill the City on a monthly basis for all Meals provided to the City. The City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 4. Nutritional Assurances. The District assures that each Meal will meet the minimum nutrition value and content requirements, in accordance with the Texas Health and Human Services Commission FY 2008 Summer Food Service Program regulations. 5. Recordkeeping. A. The District must maintain full and accurate records including, but not limited to, the following: 1. Menu records (Menu Records), including the amount of food prepared; and 2. Meal records (Meal Records), including the daily number of Meals delivered by type. B. The District must provide monthly reports of Menu Records and Meal Records to the City's Director of Programs, or designee, within ten business days following the end of each month during which Meals are provided. C. The District must retain the Menu Records and Meal Records for 3 years and 90 days, or so long as an audit is in progress. The District must make all records and accounts pertaining to this Summer Food Program available to representatives of the United States Department of Agriculture and the General Accounting ice for audit or administrative review at a reasonable time and place. 6. Food Service operations. The District will maintain its food service operations at the District's facility during the term of this Agreement as a part of the consideration. H:ILE - DIR1Lisa12008 Parks and RecreationCC1SD summer food interlocal 200B.doc Page 2 of 2 7. Workers. The food service workers will continue to be the District's employees for the term of this Agreement and, therefore, subject to the District's board policies and regulations. Their salaries and benefits, if any, will be paid out of the City's consideration payments set out above. 8. Coordination. The City's Director of Parks and Recreation, or designee, shall place .a weekly order with Jody Houston, the District's appointed representative, or designee, for the number of Meals by type needed, the sites at which the Meals are needed, and the time at which the Meals must arrive at each site. 9. Governmental Service. This Agreement is between the City and the District for the purpose of providing Meals for the Summer Food Program sites and activity sites and is not for the benefit of any third party or individual. 10. Current Revenue. All money spent for this Summer Food Program through this Agreement must be spent out of currently available revenue of the City and the District. +11. Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make these agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the day of , 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved : March 13, 2008 Lisa Aguilar Assistant City Attorney For City Attorney George I. Noe City Manager CORPUS CHRISTI INDEPENDENT DENT SCHOOL DISTRICT By: Name: Scott Eliff Title: Superintendent Date: Approved as to legal form By: - - - -- ram: Title: Attorney for CCISD Date: HALE - DIR\Lisa1 0O8 Parks and Recreation\ C1 D summer food interim' 2008,doc Page 2 of Corpus Christi, Texas of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel] Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael M Cut hon HALEG-DIRUeannie\LisakRes-CCISDInterlocalfor2008SummerFoodServProgram.doc Page 1 of 2 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home -rule municipal corporation (City), and the Corpus Christi Independent School District (District) for purposes of the interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring summer recreational programs for children from June 6, 2008, to August 8, 2008 at which food will be served (Summer Food Program); and WHEREAS, the District agrees to provide unitized lunch and snack meals, inclusive of milk and juice (hereinafter collectively referred to as Meals), to the City for a fixed fee. NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. This Agreement begins June 6, 2008 and ends August 8, 2008. 2. Consideration. The City shall pay the District $2.00 per lunch meal and $.60 per snack meal. 3. Billing. The District shall bill the City on a monthly basis for all Meals provided to the City. The City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 4. Nutritional Assurances. The District assures that each Meal will meet the minimum nutrition value and content requirements, in accordance with the Texas Health and Human Services Commission FY 2008 Summer Food Service Program regulations. 5. Rerdleeping. A. The District must maintain full and accurate records including, but not limited to, the following: 1. Menu records (Menu Records), including the amount of food prepared; and 2. Meal records (Meal Records), including the daily number of Meals delivered by type. B. The District must provide monthly reports of Menu Records and Meal Records to the City's Director of Programs, or designee, within ten business days following the end of each myth during which Meals are provided. D. The District must retain the Menu Records and Meal Records for 3 years and 90 days, or so long as an audit is in progress. The District must make all records and accounts pertaining to this Summer Food Program available to representatives of the United States Department of Agriculture and the General Accounting Office for audit or administrative review at a reasonable time and place. 6. Food Service Operations. The District will maintain its food service operations at the District's facility during the term of this Agreement as a part of the consideration. H :\LE - DlRlLisa12008 Parks and f ecreation \DID summer food interims! 2008.doc Page 2 of 2 7. Workers. The food service workers will continue to be the District's employees for the term of this Agreement and, therefore, subject to the District's board policies and regulations. Their salaries and benefits, if any, will be paid out of the City's consideration payments set out above. 8. Coordination. The City's Director of Parks and Recreation, or designee, shall place a weekly order with Jody Houston, the District's appointed representative, or designee, for the number of Meals by type needed, the sites at which the Meals are needed, and the time at which the Meals must arrive at each site. 9. Governmental Service. This Agreement is between the City and the District for the purpose of providing Meals for the Summer Food Program sites and activity sites and is not for the benefit of any third party or individual. 10. Current Revenue. All money spent for this Summer Food Program through this Agreement must be spent out of currently available revenue of the City and the District. 11. Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make these agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the day of , 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved : March 13, 2008 Lisa Aguilar Assistant City Attorney For City Attorney George K. Noe City Manager CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By: Name: Scott EIiff Title: Superintendent Date: Approved as to legal form B: i_ Name: Title: Attorney for CCISD Date: H:1LE -DIR Li a120O8 Parks and RecreationkCCISD summer food interlocal 2008.doc 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: AEU , 2008 AGENDA ITEM: Item A: Resolution authorizing the City Manager or designee to accept a $20,987 grant awarded by the Corporation for National and Community Service for RSVP. Item B: Ordinance appropriating a $20,987 grant from the Corporation for National and Community Service in the No.1067 Parks and Recreation grants fund for RSVP; and declaring an emergency. ISSUE: This grant is made available as appropriated by the State of Texas through the Corporation for the National and Community Service project. The funds shall assist the grantee (City of Corpus Christi) in providing the RSVP, a national service program as authorized by the Domestic Volunteer Service Act of 1 973. The fund authorization will be for the period September 1, 2007 through August 31, 2008. REQUIRED UIF ED COUNCIL ACTION: Council authorization is required to accept and appropriate State grant funds from the Corporation for National and Community Service to support the RSVP from September 1, 2007 through August 31, 2008. PREVIOUS IOUS C UNCIL ACTION: On August 21, 2007 the City Council accepted and appropriated Federal funds in the amount of $56, 1 1 9 from the Corporation for National and Community Service. This Council action authorized funding for the final year of a three - year continuing grant process. FUNDING: G: The Corporation for National and Community Service is issuing a grant to the City of Corpus Christi in the amount of $20,987 as appropriated by the State of Texas. CONCLUSION AND RECOMMENDATION: I: Council authorization is requested to accept and appropriate funds from the Corporation for National and Community Service. all Ga ' . !rector Parks a Attachments: Background Information Recreation Department BACKGROUND INFORMATION The Retired and Senior Volunteer Program (RSVP) has proven to be exceptionally beneficial to both senior citizens and various public and private agencies in Corpus Christi. RSVP P volunteers are individuals 55 years or older who utilize their talents and experience to serve the needs of the community. During the past grant period 825 enrolled volunteers contributed 9,833 hours each month through 66 different non - profit, health care proprietary, and governmental agencies including the City of Corpus Christi Police Department, Driscoll Children's Hospital, USS Lexington, Alameda Oaks Nursing Center, and other organizations. During the FY 2006 -2007 grant period RSVP contributed 118,000 hours of service to the community. RSVP dedicated 19,11. 5 hours of service to City departments including the Police Department's Special Services; Training; Identification; Criminal Investigation; Family Violence, and Community Services Divisions, Other City departments served include the Public Library; Corpus Christi International Airport Ambassadors; Museum of Science and History; Parks and Recreation /Senior Community Services Senior Centers, and the Senior Companion Program resulting in an annual value of $92,897.93 provided directly to the City of Corpus Christi. 133/21/2068 15:41 5129165806 Notice of Grant Aitrard Retired and Senior Volunteer rosrarn Gee Qty ofOmpus Christi 1201 Leopard PO Box 9277 Corpus Christi TX 78469 Award Information Agreement No.: 07RZWpal02 Amendment Igo.: 0 CF DA o.: 94.002 Award Dos ProvMe 17120Cr7 MADS.flonding. Punaoso The purpose ofthis award it to assist the grantee in wing out a gnat service pro a nut - volunteer Service � of tom, bar the of 42 U.S.C., g Chapter 22) ie money appropriated by the State of Texas. Funding Information • QCs AUSTIN PAGE 02/03 For Oftlekl use iamb Corporation for Natiomal and Community Service 601 Walnut Std Sim 876 PhiladOphia, PA 19106 Project Peter Budget Period: 46000574 09/01/2107 - 01/3112001 09/11 /2007 - /31 /2008 Currant Year Previously T *NNW Told Current re agninibmsrd Year Mb bear Tom [ baied by c 10 S20,7 VOW omTeiUaob Sae Martyono TOW Aviiktilit SO S20,90 120.917 Cumulative Funding for Project Period Total Anerdsd in Previoiso Yews Total CMS Funds molded RsDere likefail Conditions_ Costs allowed under this grain are hutted e pate contained ;- � tad s� eked application package dated MM. The grantee shall be entitled to reirbuneinent for coax incur on or after September � i . . cuned before the date of this aid, would have been reimbursed =denim t oftbis pant. Terms of At; By acceping funds under tits - - - - _ - - -. grant the � the �. t � � to comply r� terms and conditions of assurances and certifications made in the Grant application. and all applicable federal statutes. regulations and suideines. The �:leBranergor o`er, Grantee agrees to adadniser die funded Program in accordance web the approved Grant application end supporting . documents, and other of Grant Corporation for National and Community Serves: Pap 1 For elsl Use Only 03/21/2008 15: 41 5129165806 Notic of Grant Allard Reid and Senior Vern CNCS AUSTIN F r metal Use CO iIy Grafitelf • arty ofCorpus Christi 1201 Leopard PO Box 9rn opus Utz TX 78469 Corporation fOr NitiOnal and Continuity Service; Signature met% B. , N t Senior Ott 015cer Title Date PAGE 03/03 60I Walnut Stieet, mite 876E Philadelphia, PA 19106 BM 746000574 ?nn.Ue a White, 215497-2782 Game OCI Jerry 'Tam 51 # 5 / Prevam Mai Page row °Meta use only Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A $20,987 GRANT AWARDED BY THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR RSVP BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to accept a $20,987 grant awarded by the Corporation for National and Community unity Service RSVP. P. SECTION 2. This Resolution shalt take effect and be in full force immediately after its adoption by the City Council, ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor APPROVED: March 31, 2008 J t-vt:t Lisa Agulia Assistant City Attorney For City Attorney H:1LE - DIR\Jeanni \Lisa\ E -auth rant -R VP.doo Page 2 of 2 Corpus Christi, Texas Day of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. . Mike H u m e l l Bill Kelly - -- - - - Priscilla G. Leal John B. Marez Nelda Martinez Mike M Cut hon H:ILE -D1F l annie \Lisa\ ES -auth rant -F VP.doc Page 1 of 2 ORDINANCE APPROPRIATING A $20,987 GRANT FROM THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR THE RSVP; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $2O987 grant from the Corporation for National and Community Service is appropriated in the No. 1067 Parks and Recreation grants fund for the RSVP. 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 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 y measure this the 8th da y of April, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved: March 31, 2008 Lisa Agil Assistant City Attorney For City Attorney H: \LEG- DIRUeannielLisa1 RD- approp rant -R VP.doc Page 2 of 2 Corpus Christi, Texas day of _ , 200 8. 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. 1 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, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett — Melody Cooper - - - - -- Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez _ -- Nelda Martinez Mike McCutchon H:ILE - DIR\Jeann elLisa\ R[ - approp rant- RSVP,doo 9 cI.r( COUNCIL AGENDA MEMORANDUM City Council Action Date: April 8, AGENDA ITEM: Item A: Resolution authorizing the City Manager or designee to accept a $5,381 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. Item B: Ordinance appropriating a $5,381 grant from the Corporation for National nal and Community Service in the No.1 067 Parks and Recreation grants fund for the Senior Companion Program; and declaring an emergency. ISSUE: This grant is made available as appropriated by the State of Texas through the Corporation for National and Community Service project. The funds shall assist the grantee (City of Corpus Christi) in providing the Senior Companion Program, a national service program as authorized by the Domestic Volunteer Service Act of 1973. The fund authorization will be for the period September 1, 2007 through August 31, 2008. REQUIRED COUNCIL ACTION: Council authorization is required to accept and appropriate State grant funds from the Corporation for National and Community Service to support the Senior Companion Program from September 1, 2007 through August 31, 2008. PREVIOUS C UI CIL ACTION: On August 21, 2007 the City Council accepted and appropriated Federal funds in the amount of $275,761 from the Corporation for National and Community Service. This Council action authorized funding for the final year of a three -year continuing grant process. FUNDING: The Corporation for National and Community Service is issuing a grant to the City of Corpus Christi in the amount of $5,381 as appropriated by the State of Texas. CONCLUSION AID RECOMMENDATION: Council authorization is requested to accept and appropriate funds from the Corporation for National and Community Service. Attachments: Background Information 1 4 , ally + -� ik, Dr] to Parks a . Recreation Department BACKGROUND INFORMATION The Senior Companion Program (SCP) assists low- income volunteers 60 years and over who are willing to serve as companions to homebound elderly and/or disabled persons 21 years of age or older. The Companions assist homebound individuals with daily living tasks, such as light meal preparation, grocery shopping, and minor housekeeping chores. They also provide critical respite care service of hospice support for family caregivers. Their assistance allows homebound clients to remain in their homes, delaying institutionalization while maintaining their independence and dignity. Companion benefits include a stipend of $265 an hour, a $1.50 meal reimbursement and either mileage reimbursement or bus tokens. For FY 2006-2007, there were 55 companions enrolled in the program. These volunteers contributed 51,172.20 hours of service at an estimated value of $960,502.19 provided to the local community. Notice of Grant Award Senior Co 4 * anion Pro ram Grantee Far Offidal Use Only Corporation for National and Community Service 601 Walnut Street, Suite 876E Philadelphia, PA 19106 City of Corpus Christi 1201 Leopard PO Box 9277 Corpus Christi TX 78469 ord Information Agreement 1o.: 07S ZW TX0 0 I Amendment is CFDA No.: 94.01 6 Award Description _— Provide FY2007 TDADS funding. Purpose The purpose of this award is to assist the grantee in aiming out a national service programas authorized by the Domestic Volunteer Service Act of 1973, as amended U.S.C., Chapter 22 using money appropriated by the State of Texas. Funding Information Project Period: Budget Period: : 746000574 09/01/2007 - 08/31/2008 09701/20 7 - 08/31/2008 Previously This Mardi Total Current Current Year Afforded istnandrnant Year This Year Total Obligated by 5.381 S5,381 Grantees Unobbgatcd SO SO SO Balance (Carryover) Total Available so 55,381 S5,81 Cumulative Funding for Project Period Total Awarded in P vtous Years Totals Funds Awarded to Date $5,381 Special Conditions Costs allowed under this grant are united to those categories contained in signed application package dated 8/13/07. The grantee shall be entitled to reimbursement for costs incurred on or after September 1, 2007 which if incurred before the signature date of this award, would have been reimbursed under the term of this grant. Terms of Acceptance: accepting funds under this grant, the Grantee agrees to comply with all terms and conditions of y F the grant that are on the Corporation's weite at h !e rant .ens. c viter n andcondid rrs/F P SCE Tand a is d_ 00 .pd , all assurances and certifications Made in the Grant application, and applicable federal statutes, regul ons and guidelines. The Grantee agrees to administer the APP funded Program In accordance with the approved Grant a pp lication and budget(s), supporting documents, and other representations made in support of the approved Grant application. v - Corporation for National and Community Service: Page 1 For 0Mdal Use Only Notice of Grant Award Senior Co • anion Pro ram Grantee . City of Corpus Christi 1201 Leopard PCB Box 9277 Corpus Christi TX 78469 For Official Use Only 601 Walnut Street, Suite 876 Philadelphia, PA 19106 IIN: 746000574 Corporation for National and Community Service: 09/28/2007 Statue Lennette B. White Name (typed) Date Senior Cants Officer Title Lennette B. White, 215 - 597 -2782 Grants Official Jerry Thompson, 512 - 916-5671 Program Official Page For Official Use Only Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A X5,381 GRANT AWARDED BY THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR THE SENIOR COMPANION PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager anager r designee is authorized to accept a $5381 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor APPROVED: March 31, 2008 Lisa Aguilar Assistant City Attorney For City Attorney HALEG-DIRUeannielisa\RES-authGrant-SrComm.doc Pave 2 of 2 Corpus Christi, Texas Day of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly - - - Priscilla G. Leal -- - - - - -- - - - - - - -- -- - -- John E. E. Mare Nelda Martinez - - - - - -- - - -- - - - - -- - ---- - - - - -- Mike McCutchon HALEG-DIR1JeannielLisa\RES-authGrant-SrComm.doc Page 1 of 2 ORDINANCE ANCE APPROPRIATING A $5,381 GRANT FROM THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR THE SENIOR COMPANION PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION t A $5,381 grant from the Corporation for National and Community Service is appropriated in the No. 1 067 Parks and Recreation grants fund for the Senior Companion Program. 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 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 8th day of April, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved: March 31, 2008 .4- Lisa Aguilar_) Assistant City Attorney For City Attorney HALEG-DIRLIeannie\LisMORD-approp2008Grant-SrComm.doc Page 2 of 2 Corpus Christi, Texas day of — -, 2 008 . 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, Henry r Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Harry Garrett Melody Cooper - Larry Elizondo, Sr. Mike H u rmell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Mike M C th n FIALEG-DIRWeanniekLisakORD-approp2008Grant-SrComm.doc 10 CITY COUNCIL AGENDA MEMORANDUM Date: March , 2007 AGENDA ITEM: A. MOTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS TS NECESSARY WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT T ACCEPT AND IMPLEMENT THE 2007 CONTINUUM F CARE GRANT FOR HOMELESS SUPPORTIVE HOUSING PROGRAM RENEWALS. ALS. B. ORDINANCE APPROPRIATING A GRANT OF $1,009,759 FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT T FOR THE 2007 CONTINUUM F CARE GRANT PROGRAM IN THE NO. 1071 COMMUNITY ENRICHMENT FUND FOR HOMELESS SUPPORTIVE HOUSING G PROGRAM RENEWAL PROJECTS AND ACTIVITIES, AND DECLARING AN EMERGENCY. C. MOTION AUTHORIZING THE CITY MANAGER R DESIGNEE TO EXECUTE SUBRECIPIENT AGREEMENTS FOR FUNDS PROVIDED FROM THE 2007 CONTINUUM OF CARE GRANT WHICH INCLUDES: (1) $119,706 FOR NUECES COUNTY MENTAL HEALTH AND MENTAL RETARDATION COMMUNITY CENTER; (2) $134,971 FOR WESLEY COMMUNITY CENTER; $309,538 FOR THE SALVATION ARMY; (4) $142,720 FOR GOODWILL INDUSTRIES OF SOUTH TEXAS, INC; $142,569 FOR COASTAL BEND ALCOHOL AND DRUG REHABILITATION CENTER DBA CHARLIE'S PLACE; (6) $160,255 FOR C RPUS CHRISTI METRO MINISTRIES INC., FOR HOMELESS SUPPORTIVE HOUSING PROGRAM RENE WALS PROJECTS AND ACTIVITIES. ISSUE: Acceptance, appropriation and execution of agreements for the 2007 Continuum of Care grant received from HUD. PRIOR: On June 12, 2007, the City Council approved a resolution to submit the "HOME 2009" Continuum of Care grant application to HUD. REQUIRED ED C U CIL ACTION: Acceptance and appropriation in the amount of $1 ,009,759, and execution of agreements regarding 2007 Continuum of Care grant funds to Nueces County Mental Health and Mental Retardation Community Center, Wesley Community Center, Salvation Army, Goodwill Industries of South Texas Inc., Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place and Corpus Christi Metro Ministries Inc. RECOMMENDATION: Accept the 2007 Continuum of Care Grant funds for Community Development Programs, appropriate $1 ,009,759 for 2008/2009 projects /activities approved by City Council on June 12, 2007, and execute agreements. DaLniaelw l Gal gos r., D Administrator ADDITIONAL SUPPORT MATERIAL Background Information XI BACKGROUND INFORMATION As the Lead Agency ofthe Continuum of Care grant application, the City of Corpus Christi is responsible for the planning and coordinating of the Continuum of Care process. This includes coordinating meetings, adhering to certain timetables set forth by the application process, writing Exhibit 1 (narrative), ensuring that each submitted proposal meets the eligibility threshold and packaging/submitting theContinuum f Care grant application by its due date. As the Fiscal Agent of the Continuum of Care grant application, the City of Corpus Christi is the administrator of the grant, responsible for monitoring each Subrecipient to ensure program compliance ce and all other responsibilities associated with grant administration. The following is a breakdown of the 2007 Continuum of Care grants funding application. The total below represents the HUD allocation not inclusive of the match requirements provided by each recipient. It is estimated that the economic is impact of the $1,009,759 award will exceed $5M which far exceeds the value of the grant itself. Each agency project must provide both a local match and additional leveraging funds in order to be considered for the award. The $6M is based on the earning potential of those who have completed the programs in the past, and are now working, living and shopping in Corpus Christi. Subsequently, many other agencies operating in the Continuum of Care offer additional leveraging of funds and other program related services in the fight against (chronic) homelessness. Entity /Program Budget MHMR of Nueces County /Permanent Housing $119,706 2 Wesley Community Center Child Care /Supportive Services $134,971 3 The Salvation Army /Project Bridge for Families Transitional Housing The Salvation Army/Project Bridge for Singles Transitional Housing 144 $'128,394 Goodwill Industries of South Texas VO K 2000 Supportive Services $'142,720 5 Charlie's Place Sunrise Recovery House /Supportive Services $142 569 6 CC Metro Ministries Rustic House Transitional Housing $160,255 Projects total $i,009,759 It is estimated that the economic is impact of the $1,009,759 award will exceed $5M which far exceeds the value of the grant itself. Each agency project must provide both a local match and additional leveraging funds in order to be considered for the award. The $6M is based on the earning potential of those who have completed the programs in the past, and are now working, living and shopping in Corpus Christi. Subsequently, many other agencies operating in the Continuum of Care offer additional leveraging of funds and other program related services in the fight against (chronic) homelessness. The Homeless issues Partnership (HIP) Committee continues to support the City of Corpus Christi Lead Agency /Fiscal Agent position as an advisory capacity role. The long - standing relationship and processes established and maintained by the HIP Committee and Community Development remains in place, thus allowing for a seamless and continuation of homeless services. The city of Corpus Christi will receive 2 1/2 of 5% of the grant allocation for the Continuum of care grant administration. This equates to approximately $25,243. AN ORDINANCE APPROPRIATING A GRANT OF $1,009,759 FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 2007 CONTINUUM OF CARE GRANT PROGRAM IN THE NO. 1071 COMMUNITY ENRICHMENT FUND FOR HOMELESS SUPPORTIVE HOUSING PROGRAM RENEWAL PROJECTS AND ACTIVITIES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant of $1 ,009,759 from the U. S. Department of Housing and Ur- ban Development, rent, for the 2007 Continuum of Care Grant Program, is appropriated in the No. 1071 Community Enrichment Fund for homeless supportive housing program renewal projects and activities, which includes: (1) $1 19,706 for the Nueces County Mental Health and Mental Retardation Community Center; (2) $134,971 for the Wesley Community unity Center; (3) $309,538 for The Salvation Army; (4) $142,720 for Goodwill Industries of South Texas, Inc.; (5) $142,569 for the Coastal Bend Alcohol and Drug Rehabilitation Center doing business as Charlie's Place; and $160,255 for Corpus Christi Metro Ministries, Inc. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: 1 finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day f 2008. ATTEST: Armando Chapa City Secretary APPROVED: March 13, 2008 419 Atift Eliza, ith I. Hundle Ass 'r ant City Attorney for the City Attorney Ellord222.doc CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas day of , 2008 TO THE MEMBERS ERS F THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E Marez Nelda Martinez Michael McCutchon alord222.doc 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 8, 2008 AGENDA ITEM: a. Ordinance Appropriating $49,410 from unappropriated settlement proceeds in the No. 3160 City Hall CIP Fund; transferring to and appropriating in No. 1020 General Fund for the Community Visioning Project; changing FY 200 7-2008 Capital Budget adopted by Ordinance 027546 by increasing appropriations by $49,410; changing FY 200 7-2008 Operating Budget adopted by Ordinance 027352 by increasing revenues and appropriations by $49,410 each; and declaring an emergency. b. Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with Texas A&M University - Corpus Christi for the Community Visioning Project. ISSUE: On January 29, 2008, the City Council adopted a Resolution endorsing a community visioning and planning project for the Corpus Christi community and expressed its willingness for the City to be an active participant and partner of this initiative including providing funding to Texas A &M University- Corpus Christi (T AMU-CC) for the initial phase of the project. A planning process of this type can serve to help the entire community focus on the future and develop a common agenda on which to move forward. City staff has negotiated an Interlocal Cooperation Agreement with T 11 U -CC for development of Phase 1 of the Community Visioning Project. FUNDING: City will pay TAMU -CC $49,410 to develop Phase 1 of the Community Visioning Project. These funds will come from the General Fund Contingency appropriation. REQUIRED COUNCIL ACTION: State law requires that interlocal contracts be authorized by the City Council. CONCLUSION AND RECOMMENDATION: Approval of the resolution. eorge K. Noe City Manager ORDINANCE APPROPRIATING IATI G $49,410 FROM UNAPPROPRIATED SETTLEMENT PROCEEDS IN THE NO. 3160 CITY HALL CIP FUND; TRANSFERRING TO AND APPROPRIATING IN NO. 1020 GENERAL FUND FOR THE COMMUNITY VISIONING PROJECT; CHANGING FY 2007 -2008 CAPITAL BUDGET ADOPTED BY ORDINANCE ANCE 027546 BY INCREASING APPROPRIATIONS BY $49,410; CHANGING FY 2007 -2008 OPERATING BUDGET ADOPTED BY ORDINANCE 027352 BY INCREASING 1SING E1 ENUES AND APPROPRIATIONS BY $49,410 EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OE CORPUS CHRISTI, TEXAS: SECTION 1. That $49,410 is appropriated from the unappropriated settlement proceeds in the No. 3160 City Hall CIP Fund for Community Visioning Project; transferred to and appropriating in the No. 1020 General Fund. SECTION 2. That FY 2007 -2008 Capital Budget adopted by Ordinance 027546 is changed to increase appropriations by $49,410. SECTION 3. That FY 2007 -2008 Operating Budget adopted by Ordinance 027352 is changed to increase revenues and appropriations by $4941O each. SECTION 4. That upon written request of the Mayor or five Council members, copy attached, the City Council 1 finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this 8th day of April, 2008. ATTEST: Armando Chapa City Secretary APPROVED: March 27, 2008 Lisa Aguilar Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI Henry Garrett Mayor C: D C ME-lk1 urieI \L C LS-1 \Temp \Inter1 caI Cooperation Agent with TAMUDOC Corpus Christi, Texas Day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council, Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett , Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly . Priscilla G. Leal John E. Marez Nelda Martinez Michael M Cut h n A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH TEXAS A&M UNIVERSITY-CORPUS CHRISTI FOR THE COMMUNITY VISIONING PROJECT WHEREAS, the Corpus Christi community is a dynamic and diverse community with prospects for a bight future; and WHEREAS, that a bright future can most effectively be secured by ensuring that the community holds a common vision and a common plan for the future; and WHEREAS, the Corpus Christi community has benefited from collaborative community planning in the past in such initiatives as Corpus Christi 90 and Vision 2000; and WHEREAS, Texas A &M University- Corpus Christi and Del Mar College have offered to initiate a community visioning and planning effort; and WHEREAS, Texas A &M University - Corpus Christi and Del Mar College have developed a four step prospectus for a visioning and planning process that is both comprehensive and inclusive; and WHEREAS, on January 20, 2008, the City Council adopted a resolution expressing its willingness for the City to be an active participant and partner of this initiative including providing the funding for the initial phase of the project and further directed the City Manager to negotiate an agreement with Texas A &M University-Corpus Christi and/or Del Mar College to initiate the project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1, The City Manager is authorized to execute an Interlocal Cooperation Agreement with Texas A&M University- Corpus Christi for the first phase of the Community Visioning Project. SECTION 2. The City Manager is authorized to make editorial and non - substantive modifications and execute amendments to the interlocal cooperation agreement without the further approval of the City Council that do not require the appropriation of additional funds or exceed the City Manager's authority to amend contracts, including, but not limited to time extensions, modifications to schedule and modifications to scope of work and/or services. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: March 26, 2008, fit-A City Attu ey Henry Garrett Mayor Corpus Christi, Texas of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E, Marez Nelda Martinez Michael M Cut hon TEXAS A &M UNIVERSITY- CORPUS CHRISTI CONTRACT/AGREEMENT Contract Number: 031408 This agreement (including Exhibits) is entered into between the CITY OF CORPUS CHRISTI (CITY), a Texas home -rule municipal corporation, acting herein by its City Manager, duly authorized by action of its City Council, and Texas A&M University- Corpus Christi, a member of The Texas A&M I University System, an agency of the State of Texas, (TAMU-CC), acting herein by its Director Purchasing, who has been delegated authority to approve interlocal contracts by action of the Board of Regents of the Texas A&M University System, for purposes of the Texas Interlocal Cooperation Act, Texas Government Code, Chapter 791, to achieve efficiency in meeting intergovernmental responsibilities. City and TAMU -CC are collectively referred to herein as the "Parties." WITH SS TH that the CITY and TAMU -CC, in consideration of the mutual covenants, promises, and agreements herein contained, agree as follows: 1. PURPOSE TAMU -CC will develop a "Community Visioning Project ", ("the Project") which is outlined in Attachment "A ". The scope of services provided in Phase 1 of the Project include the following: • To obtain a community survey, • To obtain the services of a community visioning consultant, • To obtain the services of a project manager, and • To fund the meetings and communication necessary for Phase 1 of the "Community Vi 4. CONTRACT DOCUMENTS The contract documents shall consist of the following (listed in order of precedence) attached to and incorporated part of this reen t: A. This Executed Agreement; B. Attachment "A" -- Prospectus for Community Visioning Project C. Attachment "B" — Budget 5. VENUE This Agreement is performable in Nueces County, Texas. Pursuant to Section 85.18, Texas Education Code, venue for any suit filed against TAMU -CC shall be in the county in which the primary office of the chief executive officer of TAMU -CC is located. 6. GOVERNING LAW The validity of this Agreement and all matters pertaining to this Agreement, including but not limited to, matters of performance, non - performance, breach, remedies, procedures, rights, duties, and interpretation or construction, shall be governed and determined by the Constitution and the laws of the State of Texas. 7. SEVERA I ITY If any part of this Agreement shall be held illegal, unenforceable, or in conflict with any law, the validity of the remaining portions shall not be affected hereby. 8. ENTIRE AGREEMENT This document constitutes the entire agreement between CITY and TA IIJ -CC. This document supersedes all oral or written previous and contemporary understandings or agreements relating to matters contained herein. This Agreement may not be amended or otherwise altered except by mutual agreement i or wrongful act to the extent caused by any other party to this Agreement unless (and to the extent that) any such liability is imposed by a court of competent jurisdiction. 11. FORCE MA EU E Neither party is required to perform any term, condition, or covenant of this Agreement, if performance i Attachment "A" Prospectus for Community Visioning Project Background In recent months, the Coastal Bend has experienced considerable differences of opinion as various projects, proposals and ideas that will affect the city's future have come forward. There is also a growing recognition in several arenas that the community must learn to negotiate its differences of opinion in a way that leads to positive outcomes for the future. At the same time, several organizations in the community are beginning or engaged in planning efforts that will affect and be affected by the overall direction of the community. The time is therefore right to launch a community -wide process that builds on these individual efforts and results in a unified vision and action plans that will move the community forward in a more systematic and positive manner. As the two higher education institutions vested in the social and economi Phase (six to nine months) ▪ Developing an action plan: Answers question: How do we get there? Phase IV (Ongoing) • Implementation and monitoring for accountability: Answers question: How are we doing? General Outcomes of a Visioning Project • Build greater consensus on strategic direction for the community. • Identify and empower community leaders to reach the community's collective goals. • Engage Texas ABM- Corpus Christi and Del Mar College in the community so each can fulfill higher education needs in a way that is consistent with the community vision. • Develop capacity for civil discourse on important connunity topics. Deliverables of a Visioning Project • Phase I: Community profile, values statement and statement of emerging trends and issues • Phase IL Vision statement • Phase In: Action plan • Phase IV: Strategy to support ongoing implementation. Periodic progress reports to the wider community. Cost and Funding Sources • The cost for similar projects in other cities has been from $250,000 to $500,000. • Typical cost elements from other projects include staff, surveys, meetings, consultants and communications. • If the Council is receptive to the concept, we will develop a budget for Phase 1. • Budgets for subsequent phases would be developed during Phase 1, based on the process design adopted. • Funding sources could include the city and other stakeholders identified during the desi Phase 1- Budget March 17-July 31 Survey $1 6,000 Consultant $1 4,410 Project Manager $1 2,000 Publications $ 3,000 Meetings $ 1,500 Postage, Mailings $ 1,000 Miscellaneous/Contingency $ 1,500 TOTAL $49,410 Page 7 of 7 Attachment "B" BUDGET City of CC: City of Corpus Christi 1201 Leopard Corpus Christi, TX 78401 Attention: George K. Noe, City Manager Phone: (3 61) 880 -3220 Fax: (361) 826 -3838 - nail: eoin�eetea.eorr 15. DEFAULT AND TERMINATION A. CITY and TAMU -CC may, without cause, terminate this Agreement at any time upon giving thirty (30) days advance notice to either parties. In WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. City of Corpus Christi: TEXAS A &M UNIVERSITY-CORPUS CHRISTI: By: By: y: Signature �\ . f.TOV\fI.d -x natur Name: Nam e• U,k \-\9kSkk.V.A. Printec{/ yped N me Title: Title: Q`�-c� � ' V,��o�Stitv Date: Date: _ _ -1\211t1,011 Printed/Typed Name Printed/Typed Warne Page 4 of 7 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Apjll AGENDA ITEM: Motion authorizing the City Manager to execute a professional legal services agreement with Tim Brown for legal services related to legislative and regulatory matters dealing with water legislation, water rights, general water issues, environmental issues and other matters as directed by the City Manager or City Attorney. ISSUE: The City of Corpus Christi is involved in a variety of water - related issues that have significant impact on the future of Corpus Christi. To protect the interests of the City and its citizens, it is prudent to retain the assistance of an attorney with specialization of water rights and TCEQ practice. Mr. Brown specializes in water law and has represented the City of Corpus Christi on water - related matters since 1 999. Mr. Brown will assist the City, Legislative members, and regulatory entities by providing data, information and research relating to the full range of issues covered under this agreement as directed by the City Manager or City Attorney. Mr. Brown will keep informed as to discussions and proposals relating to general water related matters and provide the City with regular briefings. Recommendation for the engagement of Tim Brown of Austin, Texas, at a total rate of $7,000 per month for the period of April 1, 2008 through July 31, 2009. FUNDING: The funding for the contract, which is subject to appropriation each year and may be terminated by the City Manager at any time with 30 days notice, and is proposed to be expensed from the Water Supply Development -Water Department funds FY 07-08 and 08-09. REQUIRED II ED CITY COUNCIL ACTION: To contract for legal services exceeding $50,000 requires City Council approval. RECOMMENDATION: Approval of the Motion. urge K. Noe City Manager E:\Ag nda memo 4 Tim Brown 08 09.doe City of Corpus Christi March 14, 2008 Mr. Tim Brown Law Offices of Tim Brown 1 600 West 38th Street #206 Austin, Texas 78731 Re: Legal Services Agreement to assist the City with general water Issues and ongoing projects Dear Mr. Brown: This will confirm your employment by the City of Corpus Christi to assist the City with general water issues and other matters as directed by the City Manager or City LEGAL DEPARTMENT Attorney, You will act as one of the Citys liaisons for legislative and regulatory matters dealing with water legislation, water rights, general water issues, environmental issues and other matters as directed by the City Manager or City PO Box 9277 Attorney. You will assist the City, Legislative members, and regulatory entities by Corpus Christi providing data, information and research relating to the full range of issues covered Texas 78469-9277 under this agreement as directed by the city Manager or City Attorney. You will keep Phone - -33 a informed as to discussions and pn3posals relating to general water related matters and provide the city with regular briefings. Your services will be performed at a rate of $7,000.00 per month beginning April 1, 2008 and ending July 31, 2009. This agreement may be renewed for two, one -year periods, subject to certification and appropriation of funds. When the travel is requested by the City, the city of Corpus Christi will reimburse you for reasonable and customary charges for travel, when itemized. (For example, first class airfare and luxury suites are not considered reasonable.) Billing will be submitted monthly to Mary Kay Fischer, City Attorney, and will be payable within 30 days of receipt. You will notify the City Attorney promptly if you should discover any conflict of interest between your representation of the City and any other interest or client that you may have. This agreement is exclusive of any other agreement between you and the city and may be cancelled at any time with 30 days notice to either party. Fax 361-880-3239 Municipal Court Frserutors Office 120 N. Chaparral Corpus Christi Texas 78401 Phone 361 -886 -2530 Fax 361-886-2567 Juvenile Court Prosecutors Office 226 Enterprise Pkwy Suite 103 Corpus Christi Texas 78405 Phone 361- 826 -4014 Fax 361-826-4309 Police Legal Advisor 321 John Sartain Corpus Christi Texas 78401 Phone 361-886-2608 Fax 361-886-2634 www.cctexas.com x=11 Special Projects requested by the City Manager or City Attorney will be documented in a separate agreement at a rate of $175,00 per hour. Please indicate your acceptance by your signature below and return to the City Attorney. erely, George K. Noe City Manager ACCEPTED: Tim Brown 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 8, 2008 AGENDA ITEM: a. Ordinance authorizing the City Manager or designee to execute a lease agreement ent with the Buccaneer Commission, Inc. ("Commission") for 2008 Buccaneer Days Festival and related activities to allow use of Shoreline Blvd. from Power Street North up to and including Barge Dock area, and additional lots bounded by S. Shoreline, Fitzgerald, Water and Palo Alto Streets and additional lot bounded by B. Shoreline, Fitzgerald, Water and Resaca Streets; during April 19 through Ma y 7, 2008, provide for Commission paying 50% police overtime and 100% all other City costs. b. Motion approving a $5.00 admission fee and/or $3.00 for adults (depending on date) and $,o per day for seniors, children under the age of 17, and persons with disabilities for Buccaneer Days Festival from April 23, 2008 through Ma y 4, 2008. ISSUE: Council is requested to approve the date, location, admission fees and consideration for the 2008 Buccaneer Days Festival and related activities. REQUIRED UIF ED COUNCIL ACTION: City Council's action is required for lease agreements and fees charged in conjunction with public events. PREVIOUS COUNCIL ACTION: City Council approved the 2007 Buccaneer Days Festival lease agreement for the annual festival and related activities. CONCLUSION AND RECOMMENDATION: Staff recommends approval of this ordinance. Sal y Gaud Parks and Attachments: Lease agreement 'rector ecreation Department ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A LEASE AGREEMENT WITH THE BUCCANEER COMMISSION, INC. ("COMMISSION") FOR 2008 BUCCANEER DAYS FESTIVAL AND RELATED ACTIVITIES TO ALLOW USE OF SHORELINE BLVD. FROM POWER STREET NORTH UP TO AND INCLUDING BARGE DOCK AREA, AND ADDITIONAL LOTS BOUNDED BY S. SHORELINE, WATER AND PALO ALTO AND RESACA STREETS ; DURING APRIL 19 THROUGH MAY 7, 2008, PROVIDE FOR COMMISSION PAYING ° POLICE OVERTIME, AND 1 00% OF ALL OTHER CITY COSTS AND FEES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute a lease agreement with the Buccaneer Commission to conduct the 2008 Buccaneer Days Festival and related activities. The Agreement provides for use of Shoreline Blvd. from Power Street north up to and including the Barge Dock area, during period of April 19, through May 7, 2008, and other areas, all as described in the Lease agreement. The Agreement also provides for Commission paying 50% of police overtime costs and 100% all other city costs and fees. A copy of the Agreement is on file with the City Secreary. SECTION 2. That upon written request of the Mayor or five Council members, ers, 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 y measure this the 8th day of April, 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: April 2, 2008 Byr , B Lisa Aguilar, A stant City Attorney for City Attorney Henry Garrett Mayor Corpus Christi, Texas Day of , 2008 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: lwe, 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 Melody Cooper Larry Elizondo, Sr. Mike Hummel] Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Page 1 of 30 BUC DAYS SHORT TERM 2008 LEASE AGREEMENT State of Texas § Know All By These Presents: County of Nueces § This short term Lease Agreement "Lease Agreement") between the city of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting through its duly designated city Manager, and the Buccaneer Commission, Inc. ("Commission"), a Texas non - profit corporation, acting through its duly designated agent, is in consideration of the covenants contained herein. 1. Definitions. a. City - means the City of Corpus Christi, a Texas home-rule municipality. . City Attorney - means the City's Attorney or designee. c. City Traffic Engineer - means the City's Director of Engineering Services or designee. d. City Manager - means the City's City Manager or designee. e. commission — means the Buccaneer Commission, Inc., a Texas non - profit corporation. f. Commission's Agent - means a duly authorized representative of the Buccaneer Commission. g. Event - means the annual Buccaneer Days Festival ("Buc Days") and related activities sponsored by the Commission including carnival a barbeque cook -off along Shoreline Blvd; and parade Events. The Event dates are described in Section 2, Section 3 and Exhibit B. h. Parks Director - means the city's Director of Parks and Recreation or designee. 1 Police Chief - means the City's Police grief or designee. j. Premises - means the Event sites for the Buccaneer Days Festival and related activities more fully described in Section 3 and on the attached and incorporated Exhibit A. k. Projects — Seawall repairs and renovations. The-Projects will affect parking, streets, and Premises identified in this Lease. I. Fisk 'Manager - means the city's Director of Risk Management or designee. HALE - DiR\Lisa12008 Parks and ReereatfonlBucDa s. 0O8. hort.Ter .Lease.do Page 2 of m. City Secretary — means the City Secretary or designee 2. Term. This Lease Agreement takes effect upon execution by the City Manager. The Commission will be entitled to non - exclusive use (for purposes of set -up and talcs down) and exclusive use of the Premises described below, for the periods identified on Exhibit B. The City Manager may authorize amendment to Exhibit B. 3. Premises. City grants to the Commission the privilege of using the following described City property to conduct its annual Buccaneer Days Festival for the exclusive and non - exclusive uses dates set forth in Exhibit B: A. For the Rodeo, Commission, shall obtain a separate agreement with SMG, the City's General Manager of the American Bank Area (Arena). B. For the BBQ Challenge: Premises are described in Exhibit A. Area is along S. Shoreline and N. Shoreline, from Resaca Street north up to and including the Barge Dock area located near Art Museum of South Texas. C. For the Buc Days Carnival, Premises are described in Exhibit A. Area is located on those paved areas bounded by the interior of the east curb line of I. Shoreline Drive and the west curb line of 8. Shoreline Drive and bounded on the south by the north curb line of Power Street and on the north by the north curb line of Resaca Street. Carnival area also includes lot bounded by S. Shoreline Drive, Fitzgerald, Water Street, and Palo Alto. Carnival area also includes use of unoccupied portions of block bounded by S. Shoreline Drive, Fitzgerald, Water and Resaca. D. For the Buc Days Lino de Mayo Celebration on May 4, 2008: Premises are described in Exhibit A. Area is along 5. Shoreline and N. Shoreline, from Resaca Street north up to and including the Barge Dock area located near Art Museum of South Texas. E. If any of the desired Premises include use of the American Bank Arena Area ("Arena Area" described herein, Commission shall obtain separate agreement with SMG, the City's General Manager of the Arena Area. The Arena Area is described as follows: Those paved areas bounded by the interior of the east curb line of I. Shoreline Drive and the west curb line of S. Shoreline Drive and bounded on the south by the north curb line of Power Street and on the north by the north curb line of Resaca Street, and to end of Shoreline Drive turnaround area and Barge Dock, including sidewalk area of the seawall; those paved areas of Palo Alto Street bounded by N. Shoreline Drive and N. Water Street; and those paved areas of Fitzgerald Street bounded by N. Shoreline Drive and I. Water Street. F. For the Buc Days Lighted Parade on May 3, 2008: Parade begins at Buc Stadium, goes down Leopard, to Schatzel; turns right off Lawrence, goes south on southbound Shoreline Blvd. past Memorial Coliseum. Breakup area is on HILEG-DiRlisa12008 Parks and Recreation\Su Lays. OO . hort.T r .L aso.do Page 3of30 southbound Shoreline Blvd. at Memorial Coliseum area. Street closure and parade permits must be obtained as required in Sections 11 and 21 below. G. For the Junior Parade on April 26, 200 8: Parade begins in Heritage Park, starting at Brewster at I. Tancahua, south down I. Tancahua to Belden, left on Belden to to Mesquite; north on Mesquite to Brewester. Breakup area is in the Brewster, N. Tancahua area. Street closure and parade permits must be obtained as required in Sections 11 and 21 below H. For the Buc Days Lighted Parade, Commission has exclusive use of the parking lot located south of Memorial Coliseum, on May 3, 200 8, for the times of 8:00 A.M. to Midnight, to serve as secured parade breakup area. I. Landscaped areas within the Premises must be protected during the Event. J. For all activities on the barge dock and adjacent waters, Commission shall obtain separate agreements with all necessary parties. 4. Premises Revisions. Requests by the Commission for use of additional City-owned areas require prior written approval from the Parks Director. No concession stand, ride, vehicular parking, or other apparatus connected with Commission may use the grassed or shrubbed areas, including the newly landscaped median, in front of the Arena. In addition, no structures, scaffolding, bleachers or vehicles are permitted on the Seawall without prior written permission from the Parks Director. The Commission will be using the medians located on Shoreline Blvd. from Power Street to Resaca Street. Repairs to the seawall may significantly impact and change the Premises (Exhibit A) and other parts of this lease (see Section 8). if Exhibit A is revised, new Exhibits A will be executed by the City Manager and Commission Agent and filed with the city Secretary and Parks Director and supersede the existing Exhibit A. New Exhibit A becomes effective upon filing with the City Secretary. 5. Event Layout Diagram (Exhibit A, preliminary, attached). The Commission's Agent must provide the Parks Director a diagram explaining the final Event layout for all related activities at least two weeks prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. special Event Fee. The Commission must pay City a one -time Special Event Permit fee of $150.00 under City ordinance. 7. Payment of City costs. In consideration for the use of City property the Commission will pay the city within 60 days after the Event ends each year the actual cost incurred for services rendered, including any other City services provided by departments other than Parks & Recreation and Police, less any amount(s) that the Commission has disputed. An invoiced amount will be considered to be in dispute upon receipt, by the Parks Director, of a written notice from the Commission. The written notice must detail the bans for the disputed claim and must be received by H:\LEG-DIR\Lisa12008 Parks and RecreationlBucDays. OO8.Short.Term.Lease.doc Page 4 of 30 Parks Director within twenty (20) calendar days of Commission's receipt of City invoice. Resolution and payment of any disputed amount(s) will be governed by Section 27. The Parks Director will invoice the Commission for the costs within thirty (30) calendar days after the Event. The invoice will provide an itemized breakdown of the City charges for services rendered (such as set up and take down, Event clean-up, street sweeping and repair categories). Upon receipt of written request of the Commission's Agent, the Parks Director will furnish reasonable supporting documentation of the charges within ten calendar days. if there is a hurricane or other weather activity that eliminates the Event or that reduces attendance at the Event by more than 50% from the prior year's attendance levels, the City Manager is delegated the authority to adjust the billing of City's Direct costs. A. Direct costs. city's Direct Costs in assisting with the Event may include, but are not limited to: 1. Damages to City property as a result of the Event, which will be billed at the cost of repair. Commission may repair damages within 3 days. 2. Costs of labor contracted for clean up, or additional clean up required by the Directors of relevant City departments, at applicable City rates for the year billed, see Section 22 below. (The Commission will be given the opportunity to hire and work its own clean up crew during and after the Event.) 3. Costs of Police officers provided for security, crowd control, traffic control, and o --site traffic control, at applicable City rates for the Police Officers assigned. For the 2008 Event, Commission shall be responsible for 100% of all non - police City Direct Costs, 100° of all City health permit vendor and related fees, and 50% of police overtime. 4. Costs of additional directional signage, barricades, and cones are Commission's responsibility (see Sections 13 and 14) as well as any other services requested by Commission's Agent and provided by city. City will provide an itemized bill of Direct Costs, if any, within 30 days after the Event closes. Commission will pay city's Direct Costs, if any, as billed within 30 days after City tenders the invoice to Commission, Tess any amount(s) the Commission has disputed in accordance with the procedure above. B. Notice of Costs. For planning purposes only, attached as Exhibit D are estimates of the rates and costs for City Services that may be provided for the Event. At least 60 days before the Event the Parks Director, Police Chief and City Traffic Engineer will meet with Commission representatives and execute an Exhibit describing City Services to be provided for the Event and the cost to be paid to City. Commission shall be liable for all actual cost incurred by City related to the Event even if the actual cost exceeds the cost shown in Exhibit D. i HALEG-DIRlisak2008 Parks and Recrea icnlBucDa s. 00 .Short.Term.Lease.doc Page 5 of 30 C. Late Fee. Commission's failure to pay the undisputed charges on City's invoice within 30 days after submittal to commission shall result in a late payment fee being assessed against Commission. The late payment fee shall be calculated to be 5% of the amount due, as shown on city's invoice, less any disputed amounts, and said fee will be added to the net amount payable to the city, 8. Annual Planning Meetings. Two months prior to this year's Event the Parks Director, Street Director, Police Chief, and City Traffic Engineer will meet with Commission representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. In addition, Seawall repairs will require that the Premises be reviewed with regard to the areas of set -up, parking, traffic control, barricades, traffic signs, security, fire lanes, and fencing to determine whether the Premises are impacted by the Projects and whether Exhibit A needs to be revised by the Parks Director and Commission. If revised, new Exhibit A will need to be filed with the City Secretary's office. Commission's Agent may request additional meetings. 9. Deposit The commission must pay a deposit of $2,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse City for any costs incurred for trash pick up or removal of any structures or repairs to City property. If no costs are incurred and Direct Costs are paid, the deposit will be returned to the Commission within 30 days after the Event. 10. Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: If to City: Director of Parks and Recreation City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 880-3461 FAX (361) 880 -3864 If to Commission: Executive Director The Buccaneer Commission, Inc. P.O. Box 30404 Corpus Christi, TX 78401 -0404 (361) 884 -8331 or 882 -3242 FAX (361) 882 -5735 11. Temporary street Closures (Exhibit a to be attached upon completion of street closure process). The street closure process will govern arty necessary street closures. Commission must provide the City Traffic Engineer and the Parks Director its site plan for the Event, application for the requested street closure, and proof of all affected property owners' approval of the proposed temporary street closure in accordance with City ordinance. All street closures on a temporary basis are subject to the requirements of City Ordinances, Sections 49-15 to 49-18, as may be amended, and require the City Council to confirm the closures. The decision to confirm the closure of the streets is within the sole discretion of the city Council acting upon the application at the time the application is submitted. H:1LE - DIRILisa12008 Parks and Recreation\ ucDays, 008.Short.Term.Lease.dac Page 6 of 30 12. Parking. The Commission will provide parking and signage for people with disabilities in close proximity to the entrances of the Event and its related activities defined on the Premises maps. In addition, the Commission will provide no more than 5 parking passes for city personnel scheduled to work during the actual Event and related activities. 13. Barricades, Traffic Signs. The commission must provide barricades and traffic signs required by the City Traffic Engineer that include temporary directional signage to the nearby attractions/facilities affected by any street closures and traffic circulation around the Event. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access. The Commission must pay the cost of additional signage. 14. Signage and Advertising. Signage and advertising proposed for the Event must receive the Parks Director's prior written approval. Commission's Agent may request inflatable advertising only for Events that receive national television exposure which must be pre-approved by the Parks Director prior to being installed. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. 1. Rest Rooms, Drinking Water and First Aid. The Commission must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A first aid station must also be provided at each site throughout the duration of the Event and its related activities. 16. Insurance. Commission's Agent must furnish to the Risk Manager Commercial General Liability insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must have a minimum policy limit of $1,000,000 Combined Single Limit per occurrence for personal injury, death and property damage. Commission is required to provide a $1,000,000 Combined Single Limit Automobile Liability policy, providing coverage for owned, non-owned and hired vehicles. Subcontractors and vendors who will be loading or unloading equipment, temporary structures, carnival rides, stages, bleachers, and any other associated materials to be utilized for the Event must have comparable insurance policies, which must be filed at least 2 weeks prior to each Event. Commission must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and minimum limits of $5,000 for medical expenses. If alcohol is served at any of the commission's Events on Premises then liquor liability insurance in the amount of $1,000,000 Combined Single Limit must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. Commission must furnish the Certificates of Insurance in at least the above minimum amounts to the city's Risk Manager two weeks prior to the non - exclusive use period each year. Commission must require all volunteers to sign an accident waiver form that Commission must keep on file. The City Attorney will approve the form. In the Event of accidents of any kind, Commission must furnish the Risk Manager with copies of all HALEG-DIRlisal.2008 Parks and B reation\Bu Da s. 008. hort.T rm.Lea .doc Page 7 of3 reports of the accidents at the same time that the reports are forwarded to any other interested parties. In addition, Commission must provide copies of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non-renewed or materially r Fare ithout 30 days prior written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to Commission. 77. Indemnity. Commission shall indemnify and hold City, its officers, agents and employees ("Indemnitees") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against !ndemnitees on account of injury or damage to person or property to the extent any damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitees or on the part of Commission or any of its agents, servants, employees, contractors, vendors, patrons, guests, licensees, or invitees ("Indemnitors") entering upon the Premises pursuant to this Commission Lease Agreement, to use the Premises and those portions of Shoreline and streets that are closed to set -up and take -down, hold, attend, or participate in the Buccaneer Days Festival and associated activities, on the Premises, with the expressed or implied invitation or permission of Commission, or when any injury or damage is the result, proximate or remote, of the violation by Indemnitees or Indemnitors of any law, ordinance, or governmental order of any kind, or when any injury or damage may in any other way arise from or out of the improvements located on the Premises or out of the use or occupancy of the improvement to the Premises or the Premises itself by Indemnitees or Indemnitors, or when the injury or damage arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitors in administering parade vendor permits. These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, and in all cases where Indemnitees' actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of Indemnitees. H:ILE -DIR \Lisa\ 008 Parks and Recreation\BucDays.2008.Short.Terrn.Lease.doc Page 8 of 30 Commission covenants and agrees That if City is made a party to any litigation against Commission or in any litigation commenced by any party, other than Commission relating to this Commission Lease Agreement, Commission shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 18. Safety Hazards. The Commission, upon written notice of identified safety hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must correct the safety hazard, within six hours or other time frame included in the written notice of safety hazards. 19. Damages to City Property. Parks Director will provide the Commission's Agent a punchlist of damage to City property defined in the Premises within 2 days after the close of the Event. Commission will restore all items on the punchlist within 3 days after receipt of the punchlist. If the Commission fails to restore all items on the punchlist, Parks Director may do so and invoice the Commission for Direct Costs, as set out in Section 7 above. Commission or its agent must fill and compact all holes in grassy areas made by Commission or any entity or person participating in the Event. Parks Director must approve fill material. Any subsidence within the Premises must be additionally filled by Commission or its agent until no subsidence occurs. 20. Pavement, Curbs, Sidewalks, seawall. Any work which involves holes or other changes in the pavement, curbs, sidewalks, or seawall, requires the prior written approval by City Director of Engineering services, provided however, that no approval will be given if the work will require subsequent repairs by the City. 21. Permits. Commission must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage Commission for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the City - County Health Department for the sale of foods and the protection of the public welfare. Commission shall be responsible for payment of all City health permit /vendor and related fees. For example, ple, the temporary food service establishment permit fees established in City Code of Ordinances Section 19-33. Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability insurance in the same amounts set out in Section 16. Said Certificate of Insurance must be furnished to the Risk Manager at feast two weeks prior to the starting date of the Event annually. Other permits Commission must obtain are Parade Permits for both of the Buccaneer Days Lighted Parade and the Children's Parade, a Temporary Promotional Event Permit from Building inspection and Fireworks Permits from the Fire Department and any permits required by the Coast Guard for water Events. Commission's Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. In the event that a fireworks launch from the rooftop of the Corpus Christi American Bank Center is authorized by the SMG manager for the Corpus Christi American Bank Center, and the City Manager, the H:ILE - DIRILisa\2008 Parks and r ecreation\BucDay . 008. hoi.Terrr .Leas .doc Page 9 of 30 Commission agrees to execute a Use Privilege Agreement, with terms and conditions including those listed in the attached Exhibit F, and other terms that may be reasonably required by the City Manager or designee, prior to the fireworks launch. Prior to fireworks launch, the Commission shall require its fireworks vendor to execute a Use Privilege Agreement with the City, with terms and conditions including those listed in the attached Exhibit F, and other terms that may be reasonably required by the City Manager or designee. 21.1. Parade Vendors A. Commission or its designee shall have exclusive authority to administer and issue parade vendor permits to permit vending on the public sidewalks along the parade route for the following time periods: (i) For the Buccaneer Days Lighted Parade ("Lighted Parade"), beginning at a time to be designated by the City Manager, but not later than, 8:00 A.M. the day of the Lighted Parade, during and one (1) hour after the lighted Parade; (il)For the Buccaneer Days Junior Parade, "Junior Parade"), beginning at a time to be designated by the City Manager, but not later than 6:00 AM the day of the Junior Parade, during and one (1) hour after the Junior Parade. The Lighted Parade and Junior Parade are referred to in this section as "Parade Events." B. Commission shall have the right to determine permit fees for parade vendors that desire to sell items at the Commission's Parade Events AecIty � 'S�w�f rx .s?�'r y ;a z - � g'�:. 2 ..� �„ #'d. \: }i .,: _°�.... d. ��x.. !n.^"Y�..D - ♦' i.. { 't'a' d"".P '+t r�:.. �;,�e' �,s,..t ';'it't"+� "s.,.`•' "'o ''t'<t� "":' iw. �r `k'`x:r - �a;i'}' r o7 • C. Commission shall ensure that parade vendors comply with applicable sections of the following regulations: Chapter 38 of the City Code of Ordinances, copy, attached as Exhibit E, as may be amended by the City Council. D. Commission shall further ensure that no parade vendor sells the following items identified by the Police Chief: silly string, or any similar squirting device; poppers or any similar noise device; stink bombs or smoke bombs, or any similar device; or lasers or any similar laser producing device. E. Violations of the City Code of Ordinances shall subject the parade vendor to issuance of citation by City Police Department. F. Commission shall ensure that all food and beverage vendors comply with all requirements of the Corpus ChristiNueces County Public Health Department and all other local, State or Federal laws, rules, and regulations regarding the sale and storage of food. H:ILEG -DIF \Lisa12008 Parks and Reoreation18 D ys. 00 . hort.Terrr .Lease.doo Page 10 of 3 G. Commission shall ensure that all parade vendors comply with all applicable Federal, State, and local laws and regulations, as may be amended. H. Commission desires to place stationary vending booths along the parade route on real property owned by the city of Corpus Christi during Parade Events. The Commission may place a vending booth at a specific location that has been reviewed and approved in writing by the City Manager or designee, the Chief of Police or designee, the Fire Chief or designee, the Director of Engineering Services or designee, the Traffic Engineer or designee, the Parks Director or designee, and the Director of Solid Waste or designee. 1 Stationary vending booths at city - approved locations may be placed no earlier than 48 hours prior to the start of a Parade Event, and must be removed no later than 24 hours after the conclusion of a Parade Event. J. Commission shall restore all property used for placement of vending booths to its original condition within 24 hours of the conclusion of a Parade Event. K. Commission shall promptly remove or relocate booths at Commission's sole expense if deemed necessary by the City Manager or designee for repair to City or other public utilities, or for protection of ublic health and safety. t . L. Commission shall obtain all necessary permits prior to the placement of vending booths at city - approved locations. M. No alcoholic beverages may be sold by a parade vendor. N. Commission shall require all food and beverage parade vendors to clean the area around each food and beverage booth. The clean up will be hourly and immediately after the conclusion of a Parade Event. All trash cleaned up must be properly deposited in a trash bag provided by the Commission and taken to a location designated by the Commission. 21.2 Parade Viewing Area Permits For City Property Along Parade Route For Rental to General Public A. Commission or its designee shall have exclusive authority to administer and issue parade viewing area permits to Commission or to nonprofit groups to allow Commission or groups to rent City property, designated by Parks Director, to the general public along the following portion of the parade route and for the following time periods: (i) Along the Buccaneer Days Lighted Parade route from the Schatzell ramp by Upper Broadway to Shoreline Blvd to American Bank Center, Power Street to Mesquite, Mesquite to Brewster, Brewster to Sam Rankin to Port Ave. H:ILEG- DIRILJsa12008 Parks and RecreationlBucDays. o08. hort.Terrn.Lease.doc Pagel 1 of 30 (i) For the Buccaneer Days Lighted Parade ("Lighted Parade"), beginning at a time to be designated by the City Manager, but not later than, 8:00 A.M. the day of the Lighted Parade, during and one (1) hour after the Lighted Parade; (ii) For the Buccaneer Days Junior Parade, ("Junior Parade"), beginning at a time to be designated by the City Manager, but not later than 6 :00 AM the day of the Junior Parade, during and one hour after the Junior Parade. The Lighted Parade and Junior Parade are referred to in this section as "Parade Events." B. Commission shall have the right to determine reasonable fees for the nonprofit groups to rent space in the parade viewing area to the general public. Commission and the nonprofit groups shall split these fees. C. Commission shall require the nonprofit groups to clean the parade viewing area. The clean up will be hourly and immediately after the conclusion of a Parade Event. All trash cleaned up must be properly deposited in a trash bag provided by the Commission and taken to a location designated by the Commission. D. Commission shall restore all City property used for parade viewing to its original condition within 24 hours of the conclusion of a Parade Event. 22. Clean Up. Commission must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. Commission may designate the zone, but it will not be less than 10 feet by 20 feet in the immediate area around each food and beverage booth. The clean up will be hourly and immediately after closing the Event each day. All trash cleaned up must be properly deposited in a trash bag provided by the Commission and taken to a location designated by the commission. Commission may hire and work its own clean up crew during and after the Event. If the Parks Director determines that additional clean up is necessary, Parks Director will give Commission's Agent 2 hours notice to increase services; and if it is still unsatisfactory, Parks Director may authorize use of City workers. Commission must install screens, approved by City Director of Storm Water Operations or designee, across all storm water inlets along Shoreline and within any closed streets within the Premises. Drainage must not be blocked. Commission must remove the screens within the non- exclusive use period after the close of the Event. H owever, Commission must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the City Director of Storm Water Operations or her designee. 23. construction. The construction work for displays and stages must be conducted in accordance with City building codes and restrictions. Construction that causes damages will only be allowed if Commission provides the Parks Director prior written assurances that Commission will remedy said damages in accordance with Section 19 above and Parks Director approves the construction in writing. HALEG-DIR‘Lisa\2008 Parks and Recreation\Buc ays. 008. hort.Term.Lea5e.doc Page 12 of 30 24. Temporary Buildings. Commission must receive prior written approval from the Parks Director to place any temporary buildings on the grounds of the Premises. Otherwise, all temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All these buildings must be removed within the non - exclusive use time period. 25. Electrical & Water services. City does not provide electrical service on the Premises. A Temporary Promotional Event Permit from the City Building Inspection Department is required in order to install electrical service for the Event. Further, a Certificate of Occupancy, which involves inspections, must be completed by the proper inspector, to have all temporary services, such as, food, electrical, plumbing, tents, and structures, inspected. It is the responsibility of the Commission to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. Parks Director will provide access to water from park water facilities. 26. Permissible Vendor Location Markings. gs. o paint or semi - permanent markings will be permitted which in any way obliterate or deface any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk or tape markings may be used to pre -mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). 27. Dispute Resolution. city and the Commission agree that any disputes which may arise between them concerning this Lease Agreement, such as determining the amount of damage to City property occurring as a result of the Event, or regarding an invoiced amount, will be submitted for determination and resolution, first to the Parks Director, with a right to appeal to the City Manager. The decision of the City Manager will be final, unless that decision is appealed to the City Council by giving written notice of appeal to the City Secretary within ten 1 days after the written decision of the City Manager has been sent to the Commission. In the Event of appeal, the decision of the City Council will be final. Upon a resolution of the dispute, either by agreement of the parties or as the result of an appeal, the disputed amount will be considered due and payable to the City within ten (10) calendar days of the resolution. This Lease Agreement in no way waives the Commission's rights to seek other legal remedies during the appeals process. 28. Emergency Vehicle Lanes. Commission's Agent must at all times during the Event and the non - exclusive use period, maintain emergency vehicle lanes upon the Premises as may be designated by City Fire Chief. These lanes must be kept clear of all obstructions. Commission must, at all times it is in exclusive use of the Premises, provide driveway access for trucks and emergency equipment to the service entrance of the Coliseum by keeping the driveways open and unoccupied by structures or automotive equipment. 29. Assignment. Commission may not assign or transfer this Lease Agreement nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the city. HALEG-DIR‘Lisa‘2008 Parks and Recreation \BucDa s. 008. hort.Term.Leas .doc Page 13 of 30 3O Breach, Termination. Any failure on the part of Commission to perform any of the covenants contained in this Lease Agreement, or any breach of any covenant or condition by Commission entitles City to terminate this Lease Agreement without notice or demand of any kind, not withstanding any license issued by city and no forbearance by City of any prior breach by Commission is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by Commission and the sums inure to the benefit of city as a set -off against any debt or liability of Commission to City otherwise accrued by breach hereof. 31. Right of Commission to Use Public Streets. Commission acknowledges that the control and use of public streets is declared to be inalienable by the City and except for the use privilege granted herein, this Lease Agreement does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council as required by ordinance and the compliance by Commission with the terms and conditions contained within this Lease Agreement. 32. Not Partnership or Joint Venture. This Lease Agreement may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from Commission by the City are compensation for provision of City services as described herein and for the right of Commission to use public property for the limited purpose described herein. 33. City services subject to Appropriation. The Commission recognizes that the services provided by the city pursuant to this Lease Agreement are subject to the City's annual budget approval and appropriation. The continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 of each year, is subject to appropriations and budget approval. The City does not represent that the expenditures required by the City for the provision of services required by this Lease Agreement will be adopted by future City Councils, said determination being within the sole discretion of the city Council at the time of adoption of each fiscal year budget. 34. Compliance with Laws. Commission must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at Commission's sole expense and cost. 35. Non-discrimination. Commissi n warrants that they are and will continue to be an Equal opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 36. Fence. Commission may provide a temporary six -foot (6') chain link fence, with gates for access, as shown on Exhibit A attached and incorporated. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, FLIEG-DIRlisa12008 Parks and F e r ationlBu Days. 008.Short.Terrn.Lease.doc Page 14 of 30 animals, and personal coolers out of the Event area. Exhibit A may be revised to enlarge or decrease the fenced area in accordance with the Commission's needs upon Parks Director's concurrence. If Exhibit A is revised, new Exhibit A will be filed with the City Secretary and supersede the existing Exhibit. The new Exhibit A become effective upon filing with the City Secretary. 37. Admission Fee. Commission may charge an admission fee. Special Events connected with Commission may charge another fee to help defray the cost of entertainment. 38. security. Commission must provide uniformed Security Officers during the Event, and after the Event closes each night until it opens the next day. Commission will assign the Security Officers duties. Security Officer means sworn eace officers peace paid by Commission. Provided, however, the Police Chief may determine that a security guard service will provide adequate security for the Event, or portions of the Event. If the Police Chief allows a security guard service to provide security, the term "security officer' will include a licensed security guard as well as a sworn peace officer. If the City Police chief determines it is necessary, the Police Chief will assign Police Officers to provide off -site crowd and traffic control for the Event as needed and include costs of police officers in the Direct Costs per Section 7 above. The Police Officers wilt be assigned duty stations by the Police Chief, or designee. 39. City shall not authorize any carnivals on City pproperty within 30 days before Event. 40. Entirety Clause. This Lease Agreement and the incorporated and attached Exhibits constitute the entire Lease Agreement between the City and Commission for the use granted. All other Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease Agreement and its Exhibits, of the terms, conditions, promises, and covenants relating to Commission's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal. 1ALEG-DIRlisa‘2008 Parks and RecreationlBucDa s.2008. hort.Te ..eas .doc Page 15 of 30 Executed in Duplicate Originals on — _, Zoo. ATTEST: CITY of CORPUS CHRISTI Armando Chapa City Secretary Legal Form Approved , 2008 Lisa Aguilar Assistant City Attorney For City Attorney HALEG-DIRlisa‘2008 Parks and eoreationOucDays.200 . hor1Term.Lease.doo George K. Noe City Manager THE BUCCANEER COMMISSION, INC. By: Barry Box Executive Director Date: ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF NUECES Page 16 of 30 This instrument was acknowledged before me on , 2008 by Barry Box, Executive Officer for The Buccaneer Commission, Inc., a Texas non - profit corporation, on behalf of The Buccaneer Commission, Inc. Notary Public, State of Texas Printed Name: Seal: Expiration Date: - H:\LEG-DIRkLisa‘2008 Parks and Recreation \Bu Days.2008. hort.Term.Lease.doc sziO Ci ce) c.) ett) 7 1194111 o O+ '.45 f !-y noIIII 1 F#tzld I 1 AMY lzavtiv f18 1 Palo Alto TRT PARKING 0 0 0 2 Power I � - pm dm. - - Page 18 of 3 EXHIBIT B 2008 Lease Agreement Event Locations, Dates & Summary Buc Days Carnival Next to BBQ Challenge, along Shoreline from Power St. to Resaca, on Water Street from Fitzgerald to Resaca NON - EXCLUSIVE April 19 through April 22 EXCLUSIVE April 23 through May 5 May 5 through May 7 Buc Days BBQ Challenge Just outside American Bank Center, from Resaca to Barge Dock NON - EXCLUSIVE April 19 through April 22 April 28 through May 5 EXCLUSIVE April 23 through April 28 Buc Days Pro Rodeo American Bank Center Arena (Buc Days shalt contract directly with third party arena management company for use of American Bank Center Area.) Buc Days and Cinco de Mayo Celebration Just outside the American Bank Center, from Resaca to and including the Barge Dock Area NON - EXCLUSIVE April 28 through May 2 H:1LE - DIRILisal2008 Parks and Recreation\Bu Days. 00 . hort.Terrr .Lease.doc EXCLUSIVE May 3 through May BUC DAYS RODEO BBQ CHALLENGE EVENT SITE EXHIBIT ' 1' SUBJECT: STREET CL SURES BUC DAYS BBQ CHALLENGE & RODEO FESTIVAL - SITEPLAN - Traffic Engineering Div. Engineering Services Dept, Page 20 of 30 EXHIBIT D — ESTIMATED EXPENSES* Park &Recregtion (credit account 343697-1020-12910): $4,9Q0 Police (overtime at 50% of cost) Carnival costs estimate $37,000 in 2008: $185OOOO Fir $75.00 Solid Waste and Street Services (credit account 30933-1020-12510) $7,800.00 (credit account 344 1 2 -1 020 -1 2350) Storm Water (credit account 36006 -4010 -3201 i TOTAL: $33,0750O *Buccaneer Days may or may not use all services estimated on this sheet. There may be additional services requested by Buccaneer Days which may require a revised estimate. HALE - DIRILi a1 008 Parks and Recreation\Bu Da s. 008 hort.Term Lease.do Page 21of3 EXHIBIT PARADE VENDOR REQUIREMENTS Sec. 38-6. Permit application; information required. Every application for a permit required by this chapter shall contain the following: (1) The name of the applicant and, if applicable, a certified copy of any assumed name certificate and/or corporate or other legal organization charter of record, together with proof of the individual's authority to act in behalf of such entity. (2) The business address and phone number of the applicant. (3) The name, home address and phone number of any individuals who will engage in the business operations in the city. A description of the type of goods or services to be offered for sale or rental. (5) A description of the proposed location of the business for which the permit application is filed, including proposed routes for mobile street vendors, which shall show compliance with all site regulations of this article. The license number of any motor vehicle to be used in the operation of the business in the city. a. An identification card no larger than three (3) inches by three (3) inches, displaying a photograph (or together with an additional photograph identification card, such as a current driver's license to be used with the identification card - required hereby) for each individual representative of the applicant who will be engaged in the business for which application for a permit is made. The identification card required hereby shall contain the name of the individual representative, the permanent residence address of the individual representative, the local address and phone number, if any, of the individual representative, and the name and address of the applicant as shown on the application for a permit. b. For purposes of this article, every individual who conducts business for an applicant is a representative of such applicant whether acting as employee, agent, independent contractor, franchisee or otherwise for other business purposes, and the applicant shall for all purposes under this article be responsible for compliance with this article by every such individual representative. A description and photograph or drawing with construction plans and specifications of any vending unit to be used in the business for which the permit application is filed. (9) Proof of a general comprehensive business liability insurance policy, issued by an insurance company authorized to do business in the State of Texas, protecting and indemnifying the applicant and the city from all claims for damages to property and for H:1LE - DER \Lisa120O8 Parks and Recreation‘BucDays.2008.Short.Terntlease.doc Page 22 of 30 bodily injury, including death, which may arise from operations under or in connection with the requested permit. Such insurance shall name the city as an additional insured, shall provide that no termination or cancellation will be effective without prior written notice to the city, and shall provide liability protection in the following minimum ur amounts: One hundred thousand dollars ($100,000.00) per person and three hundred thousand dollars ($300,000.00) per occurrence for bodily injury and fifty thousand dollars ($59,000.09) per occurrence for property damage. An indemnity agreement protecting and indemnifying the city against all such claims may be substituted for the insurance policy herein required in the case of parade vendor permits valid only for such parade event and issued under the provisions of section 38-17(b) of this article. (10) Proof of state sales tax certificate, if applicable, and compliance with all other applicable state and federal requirements for the particular business for which a permit is requested. (Ord. No. 1 8788, § 1, 4-9-1985) Sec. 38-7. Health permits required for food and beverage businesses. No permit authorized to be issued under this article shall be issued to any person for the purpose of selling or offering for sale any food or beverage unless the applicant shall have first obtained all health permits, certificates and inspections required by the city health code for the particular type of business for which the permit is requested. (Ord. No. 1 8788, § 1, 4-9-1985) Sec. 38-17. Sidewalk vendors; special regulations. No permit shall be issued to any vendor to operate his business and no vendor shall vend upon any public sidewalk in the city except as follows: (b) Parade vending. (1) Vendors may be permitted along parade routes during and for four (4) hours prior to and one (1) hour after any parade held under authority of a permit issued pursuant to the City Code, subject to the following restrictions and regulations in addition to other conditions imposed upon vendors by this article: a. The police chief shall determine whether the vending would be consistent with the public safety. In protecting public safety, the chief may refuse to grant a permit, or may grant a permit limiting the vending to particular areas, limiting the items to be sold or rented, limiting the time for vending, or imposing other restrictions. In making his H:ILE - DIRlLisa12O08 Parks and Recreation\Bu Days. 0O8. hort.Term,Lea .do Page 23 of 3 determination the chief shall consider, based upon past parade experience and law enforcement experience, the potential for interference with traffic; misuse of items to be sold or rented; physical injury; interference with parade participants, parade watchers, police officers and others; and other effects detrimental to safety. b. Vendors shall comply with all pertinent restrictions and regulations applicable to sidewalk vendors under subsection (a) of this section. d. Vendors shall be restricted in their location to sidewalks and other public areas, except streets, immediately adjacent to and within six hundred (600) feet of the parade route and to private premises immediately adjacent to and within six hundred (boo) feet of parade routes. Such private premises shall be owned by the vendor or used by him with the expressed permission of the owner. Such permission shall be evidenced by written affidavit filed with the permitting officer prior to the issuance of a permit under this subsection. e. Applications for parade vendor permits must be completed and filed at least two (2 days prior to the scheduled parade date. (2) The city may allow parade organizers to administer the parade vending process by separate agreement. (Ord. No. 1 8788, § 1, 4-9-1985; Ord. No. 21600, § 1, 3-16-1993; Ord. No. 025666, § 1, 3-2-2004) H:1LE - DIRILisa12008 Parks and RecreationlBu D ys. O8.Short.Term.Lease.doc Page 24 of 30 April 8, 2008 Ir. Barry Box, Executive Director Buccaneer Commission, Inc. P. O. Box 30404 Corpus Christi, Texas 78401-0401 Dear Mr. Box: In accordance with the Buc Days Short Term 2008 Lease Agreement authorized by the City Council, this letter is to confirm that Buccaneer Commission, Inc has exclusive authority to administer and issue parade vendor permits for the Commission's 2008 parade events. The Buccaneer Commission, Inc. is also authorized to establish parade vendor permit fees for the Commission's parade events. Sincerely, George K. Noe City Manager H:1E -D1 1Lisa12008 Parks and R cre tIon \BucDa .008. ho Term,Leaso.doc Exhibit F USE PRIVILEGE AGREEMENT TIE STATE OF TEXAS COUNTY OF NUECES Page 25 of 30 This Use Privilege Agreement ("Agreement") is made this day of , 2008, between the City of Corpus Christi ("City"), a Texas home rule municipal corporation, acting through its duly authorized City Manager, George K. Noe, and ("Permittee"), acting through__ its duly authorized officer. 1. The City is the owner of the following described real property ("Property"): American Bank Center Arena. A description of the Property and site map are attached to and incorporated into this agreement as Exhibit A. 2. The Permittee desires to use the roof of the Property for the purpose of staging a fireworks display in conjunction with the 2008 Buc Days, to be held on April 25, 2008. The Permittee has submitted an application to the Corpus Christi Fire Department for a fireworks permit. A listing of products to be fired from the Property is found on the attached and incorporated Permit Application as Exhibit B. 3. In consideration of applicable City permit fees, payable upon execution of this Agreement, and Permittee's covenants expressed in this Agreement, the city grants Permittee, under the conditions stated in paragraph 4 of this Agreement, the use of the Property, described in Exhibit A for the purposes stated in paragraph 2 of this Agreement, starting on April 25, 2008 and terminating on April 25, 200 &; however, such use is conditioned upon Permittee obtaining the proper permit from the Corpus Christi Fire Department, The City Manager is authorized to extend the term of this Use Privilege Agreement in the event the April 25, 2008 fireworks is cancelled due to weather conditions. 4. Permittee's use of the property is subject to the following conditions: A. This Agreement may be revoked at any time with or without without cause by the City of Corpus Christi's City Manager, or the City Manager's designee ("City Manager"), giving the Permittee in writing notice of the revocation of this agreement. B. Permittee may not assign this Agreement without the City Manager's prior written consent. C. Permittee must submit a detailed description of its planned use of the Property, including drawings showing the specific location where the equipment identified in Paragraph 2 will be installed and specifications for the fireworks that will be used, to the H:ILEG DiRILisa1 OO8 Parks and Recr ation\Bu Da s. 008 hort.Ter n.L ase.dac Page 26 of 30 City's Fire Marshall and City Manager. Permittee must submit a detailed safety plan for review and approval by the Corpus Christi Fire Marshall, at least 15 business days prior to the fireworks event. D. INDEMNIFICATION. PERMITTEE, ITS OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS AND LICENSEES (HEREINAFTER CALLED "PERMITTEE" FOR PURPOSES OF THIS SUBPARAGRAPH) SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSEES, AND INVITEES ("INDEMNITEES ") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS, OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE USE OF THE PROPERTY UNDER THIS AGREEMENT, INCLUDING SAID INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. PERMITTEE MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR ETHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. (2) EXCEPT AS OTHERWISE EXPRESSLY LIMITED BY THIS AGREEMENT, IT IS THE INTENT OF THE PARTIES TO THIS AGREEMENT THAT ALL INDEMNITY OBLIGATIONS AND LIABILITIES ASSUMED UNDER THE TERMS OF THIS AGREEMENT BE WITHOUT MONETARY LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES, INCLUDING PRE - EXISTING CONDITIONS. PERMITTEE AGREES TO INDEMNIFY THE CITY FOR ANY LOSSES SUSTAINED AS A RESULT OF THE FIREWORKS EVENT, INCLUDING DAMAGE OR DESTRUCTION TO CITY PROPERTY. E. Permittee must acquire and maintain commercial general liability insurance pertaining to the use of the Property and the any activities related to the use of the property authorized by this Agreement, in the minimum amounts of insurance shown in attached insurance Exhibit which is the attached to and incorporated into this Agreement. The insurance policies must show the City as a named additional insured. Upon City Manager's written request, Permittee shall provide copies of all insurance policies to the City's Risk Manager. Unless the City's Risk Manager is given 30 days advance written notice, the policies shalt be renewed (or replaced with comparable replacement policies) and may not be canceled or materially changed. F. Permittee's use of the Property must not interfere with the operation of the City's 4 American Bank Center. Any equipment placed by Permittee must be removed by the FIALEG-DIR‘LisaN.2008 Parks and Recreation\BucDays.2008.Short.Term.Lease.doc Page 27 of 30 Permittee and the Property restored to its original condition before this Agreement expires. G. if City needs access to the Property, Permittee must pay for removing or relocating any improvements or equipment, to allow access to the Property. H. Permittee may not close or barricade a public street, or any portion of the public street until the Permittee or his contractor has filed an approved traffic control plan with City's Traffic Engineering Office. I. Permittee must pay to maintain or repair the Property being used at all times, regardless of the type of damage that may occur, within 24 hours of notice of damage to Permittee. Permittee agrees to pay City Consultant to document the roof membrane condition before the fireworks event, and after the fireworks event. J. Permittee must comply with all applicable Federal, State, and local laws and regulations, as may be amended. Permittee must obtain City fireworks permit from Corpus Christi Fire Department prior to event. K. Permittee must not begin use of the Property without 24 hours prior notice to the Corpus Christi Fire Marshal. L. If damage occurs to any City property, all City's costs (labor and materials) associated with the repairs must be paid by the Permittee within 30 days of City Manager's invoice thereof. City's representatives will determine the extent of damage and amount of repairs. M. Permittee must not store or leave any equipment or material in City property unattended or overnight. N. The Permittee must provide proper safety and security devices to prevent possible injuries or accidents. The Permittee must provide Fire Marshal with safety plan for review and approval by the Fire Marshal. O. The Property must be maintained in neat and orderly fashion without visible trash, paper and other unsightly debris. 5. All references herein to Permittee include Permittee's contractor(s), agent(s), and employee(s) if applicable. 6. Choice of Law and Venue: This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas. Venue for any dispute arising from or related to this Agreement shall be in Nueces County, Texas. IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of , 2008. HALEG-DIRkLisak2008 Parks and Rocr ation\SucDays. 008. hort.T rrn.L as .doc ATTEST: Armando Chapa City Secretary APPROVED AS TO LEGAL FORM: day of March, 2008 By: Assistant City Attorney CITY OF CORPUS CHRISTI By: George K. Noe City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on George K. Noe, City Manager of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. Page 28 of 30 # 2008, by ,the Permittee, agrees to keep and perform the conditions and be bound by all of the terms imposed by the Use Privilege Agreement. Permittee: _- y; Name: Title: THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on by - - , Chief Executive officer, on behalf of Notary Public, State of Texas Expiration Date: H:ILE -DI \Lisa120O8 Parks and F ecreationSucDa s.2OO8. hort.T rrn,Lease.dcc - - , 2008, Page 29 of 30 EXHIBIT - INSURANCE REQUIREMENTS FOR FIREWORKS EVENT I. PERMITTEE'S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Permittee must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City of Corpus Christi must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation in favor of the City of Corpus Christi is required on the General Liability and WC oli ies. TYPE of INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation, non- renewal, material change or termination is required on all certificates I : Bodily Injury and Property Damage Per occurrence aggregate - -- i COMMERCIAL GENERAL LIABILITY including: 1. Commercial Form 2. Premises — operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Hostile Fire Exception $1,000,000 COMBINED SINGLE LIMIT with $600,000 sub - limit for Damage to Rented Premises WORKERS' COMPENSATION r EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 C. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all reports of such accidents within 1 days of any accident. 2008 Buc Days Fireworks s Permit ins. re q. 3.-31-08 ep Risk Mgmt. H:ILE - DIR\Lisa12008 Parks and ReoreationlBu Days.2008. hort.Terrn.Lease.do Page 30 of 30 II, ADDITIONAL R U 11gM NTS A. Permittee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law, The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. Workers' compensation coverage must be in amounts sufficient to assure that all workers' compensation obligations incurred by Permittee are promptly met. B. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the General liability coverage and a blanket waiver of subrogation in favor of the City of Corpus Christi is required on the General Liability and Workers Compensation policies. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or between "be" and 'canceled ", and deleting the words, "endeavor to", and deleting the wording after "left ". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. The name of the project must be listed under "Description of Operations ". At a minimum, a 30-day written notice of cancellation, material change, non- renewal or termination is required. C. If the Certificate of Insurance on its face does not show the existence of the coverage required by items 1.B (1)-(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1)-(7) are included or excluded. 2008 Buc Days Fireworks Permit ins. req. 3-31-08 ep Risk Molt. H:ILE - DIRILi aI2D08 Parks and R re tion1BucDay . OD . hart.T r .L ase.doc 14 AGENDA MEMORANDUM DATE: April 08. 2008 SUBJECT: Buccaneer Days 2008: Street Closings 7th Annual Buc Days BBQ Challenge and Rodeo Festival and Annual Buccaneer Days Carnival) AGENDA ITEM: Motion approving the application from Buccaneer Commission to temporarily close the following street sections for the 7th Annual "Buc Days BBQ Challenge" and the annual "Buccaneer Days Carnival and Rodeo" Festival beginning at 8:00 a.m. Saturday, April 19, 2008 through 5:00 .m. Tuesday, May 6, 2008, (Exhibit B): A. The temporary street closures of Shoreline Boulevard, northbound and southbound between the north side of Power Street and the Art Museum of South Texas for the 7th Annual Buc Days Rodeo and BBQ Challenge beginning at 8:00 a.m. Saturday, April 19, 2008 to 5:00 p.m. . Tuesday, May 6, 2008. B. Additionally, Fitzgerald Street and Resaca Street between Southbound Shoreline Boulevard and Water Street will require temporary closures f r the annual Buc Days Rodeo, Buc Days Carnival, and BBQ Challenge beginning at 8:00 a.m. Saturday, April 19, 2008 to 5:00 p.m. Tuesday, May 6, 2008. C. In cooperation with the Texas Department of Transportation (Exhibit B), North Broadway Street, including under US 181 Harbor Bridge, between Fitzgerald Street and Brewster Street will require temporary closure for staging of professional rodeo cowboys tru kltrailers beginning, 8:00 a.m. Sunday, April 20, 2008 to 9:00 p.m. Monday, April 28, 2008. 0. Temporary street closure of north portion of Fitzgerald Street between North Broadway Street and Mesquite Street beginning at 8 :00 a.m. Sunday, April 20, 2008 to 9:00 p .m. Monday, April 28, 2008. E. Temporary street closure of Water Street between Fitzgerald Street and Resaca Street beginning at 8 :00 a.m. Saturday, April 19, 2008 to 5 :00 p.m. Tuesday, May 6, 2008 for the Buc Days Challenge, Carnival, and Rodeo. F. Temporary street closure of the East half of Palo Alto Street between Water Street and Shoreline Boulevard beginning at 8 :00 a.m. Saturday, April 19, 2008 to 5:00 p.m. Tuesday, May 6, 2008 for the Buc Days Challenge, Carnival, and Rodeo. ISSUE; The Buccaneer Commission special event necessitates the temporary closure of several public streets between Power Street and the Art Museum of South Texas, North Broadway Street between Fitzgerald Street and Brewster Street and Park Avenue between east and west Shoreline Boulevard. Events Manager, Ms. Jane Rifter has requested the above mentioned street section closures be approved by the City Council for this year "Buc Days BBQ Challenge and Rodeo" Festival and the annual Buccaneer Days Carnival. F E UPI ED COUNCIL ACTION: Street closing permits for large public events require City Council approval. RECOMMENDATION: Approval of the motion as presented. Kevin Stowers, Interim Director of Engineering Services Additional Support lollateri l Exhibit "A" Background Information Exhibit "B" Site Map Exhibit "C" TxDOT Concurrence Exhibit "D" Street Closure Applications BACKGROUND INFORMATION Prior council_ Action: In the past Buc Days Rodeo /BBC festivals were held in and around the Memorial Coliseum requiring no street closures thus no special event permit was issued, subsequently City Council approval was not necessary. At a result of Coliseum conflict usage for the Rodeo Event, this and last year's Buc Days BBQ Challenge and Rodeo Festival has been relocated to the area south of the American Bank Center Arena. Background !onnat!n Ms. Jane Ritter, Events Manager, has requested temporary street closures for the 2008 "Buc Days BBQ Challenge and Rodeo" Festival an annual Buccaneer Days Carnival. (Exhibit D. Ms. Ritter requests the subject streets be closed beginning April 19, 2008 to allow for preparatory work such as installing food booths, security fencing and electrical work. The Buc Days Rodeo event will be hosted inside the American Bank Arena while the BBQ Challenge will be staged just outside its entrance doors on Shoreline Boulevard and the Barge Dock from Wednesday, April 23, 2008 through Sunday, April 27. 2008. The Buccaneer Days Carnival will be hosted at the Shoreline area from Wednesday, April 23, 2008 through Monday, May 5, 2008. 011 T: P[ae1of1 BUC DAYS RODEO BBQ CHALLENGE EVENT SITE MO, MOM EXHIBIT "B" SUBJECT: STREET CLOSURES BUC DAYS BBQ CHALLENGE & RODEO FESTIVAL - SITE PLAID Traffic Engineering Div, Engineering Services Dept. ,Texas Department of Transportation PO BOX 9907 • CORPUS CHRISTI, TEXAS 78469.-9907 • (361) 808 -2300 March 11, 2008 Corpus Christi District RE: Using TxDOT ROW Ms. Jane Ritter Buccaneer Commission, Inc. P. O. Box 30404 Corpus Christi, Texas 78463 Dear Ms. Ritter: In accordance with your letter of October 16, 2007, the Texas Department of Transportation offers no objection for your group's use of State fight-of-way n US 181 under the Harbor Bridge between Broadway St. and Hughes St. for parking during ring the period of April 23 through April 27, 2007. You are hereby advised that the use of - � right o '-v a will be at your own risk and that the Texas Department f` Transportation .. injuries po on does not assume liability for injuries or damages to person or property arising from the use of said id State right-of-way. . You are also advised that a TxDOT contractor painting the Harbor Bridge is utilizing the right-of-way adjacent to your requested area. Part of the area in question is not paved. Please be advised that your organization will responsible to insure the right-of-way is left in its original condition, free of litter and ruts. Please contact Mr. Jose Gaytan, Tx DOT Director of Construction at (361) 808-2223 prior to your setup. It will also be your responsibility to coordinate with the necessary law enforcement agencies as necessary and provide all traffic control accordingly. MG Attachments cc: Mr. Jose Gaytan, P. E. Mr. Ismael Soto, P.E. Mr. Martin Horst, P. E. Mr. Jim Jennings PI Sincerely, )111: Victor pion, P.E. Director of Maintenance An Equal Opporlunity Employer City of Corpus Christi Department of Engineering Services Traffic Engineering APPLICATION ! FOF PERMIT TO CLOSE STREET FOR PUBLIC EVENTS 1. Name of Organization Sponsoring Event: Buccaneer Commission 2. Name of Proposed Event: Buc Days 2008 3. Date of Planned Event: ABA 23 to May 2008 4. Key Contact Individual: JarieRitter Phone No. 361-882-3242 5. Street(s) Requested for Closure, Dates and Times of Day: - DESCRIBE: as • er the Buc Da s Contract — Carnival 5K Run Fireworks Parades Ho Ball BB Rodeo Birth la and Ctinco De Ma o Celebrations 6. Purpose of Event and Detailed Description of Activities Planned: as er Buc Da - Contract 7. List foods and beverages to be served: 8. as # er Buc Da s contract 9. Services Requested by the City: Barricades street closures cones 150 trash cans 30 icnic tables 6 water sickets and water meters. 10. Attach a diagram illustrating in detail the location of booths, stages, restrooms, first -aid stations, etc., that will be included in the event. 11. Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88). Page 1 of 9 Permit to Close Street for Public Events 12. Attach an official fetter of transmittal requesting approval of the event. 13. In consideration of obtaining a permit to close a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions: A. Admittance to said event shall be free; B. All profits derived from the event shall be for charitable causes; 0 -(60)-days-aftec-the-event-ends, D. `Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhibit "A". E. *Completion of indemnification Agreement; F. Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department. The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the event. G. *Require written notice and notice to be given to tenants and building managers; and posting of same inside entrances to multi- tenant buildings. This notice is to be furnished and posted a minimum of 2 week prior to the required City Council meeting at which the motion to approve the Temporary Street Closure perrit will be considered. 1.1. Provide adequate number of restroom facilities to accommodate the anticipated public; 1. *Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event; J. All security other than perimeter traffic control shall be provided by sponsor; security shall consist of off -duty City Police officers, or other type security officially approved by the City. M. Provide first --aid stations; N. Provide continuous cleaning of the site during the event and return it to pre - event condition after event ends; O. Restore any damaged City property promptly after event ends; P. Coordinate all phases of event with appropriate city departments to insure a safe and successful event; Q. Vehicles shall be prohibited from parking on grass areas within the street right -of -way. Page R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S. Alt City Noise Abatement Ordinances shall be complied with; T. Allow for the free passage of emergency vehicles into event area in case of emergency; V. Building and Electrical permits for a temporary promotional event, associated construction and certificate of Occupancy are required. *Evidence that these conditions have been met must be presented to the City Traffic Engineer prior to the request beinj submitted to the City council for final approval. Signed: Jane Ritter Event Chairman/Organizer Buccaneer Commission Sponsoring Organization Date Submitted: Resubmitted 1/412008 Items "A, Eli e, , L and U" are to be stricken from the permit as per Buccaneer Commission a reement with the Ci of Cor. us Christi. Original submitted 0312512008 to Charlie Cardenas. P.E. Traffic Engineer, Ira!flIfi!niia„ Please see attached exhibits. Page 3 of 9 INDEMNITY AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL MEN BY THESE PRESENTS WHEREAS, Section iii of said standards, entitled Procedure and Permit Re uirements, requires a contractor for a permit to close or block any part of a roadway to file a statement with the Director of Engineering Services Traffic Engineering Division indemnifying in the city against all claims or causes of action by reason of or arising from the closing or blocking of the roadway pursuant to a permit issued by the City. Now, therefore, in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public right-of-way in said City, said permit applicant agrees to indemnify and safe harmless and defended the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, fosses or expenses, including court costs and reasonable attorney =s fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permit. The Contractor, during the term of operations specified in this Public Right -of- Way Blockage Permit, will provide and maintain at the Contractor expense, Comprehensive General Liability Insurance coverage with a Contractual Liability endorsement and with minimum limits of $1,000,000 Combined Single Limit for large events or $500,000 for small events as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named as Ad1Wo al Insu,,,rgd on the policy. Evidence of required insurance coverage with be a Certificate of Insurance furnished to the Traffic Engineering Division prior to the proposed blockage under this permit. Witness my (our) hand(s) this _< � _date of Permit Applicant e,,Ote__Jur Company Name EXHIBIT INSURANCE REQUIREMENTS 1. PERMITTEE'S LIABILITY INSURANCE A. Permit tee must not commence work under this agreement until he /she has obtained all insurance required herein and such insurance has been approved by the City. Nor may Permit tee allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Permit tee must furnish to the City's Risk Manager two (2) copies of certificates of Insurance, with the city named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies showing the following minimum coverage by an insurance company(s) s acceptable to the City's Risk Manager. TYPE of INSURANCE i MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage Commercial General Liability including: 1. Commercial form 2. Premises – Operations 3. Products completed Operations , 4. Contractual Insurance 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury $1,000,000 COMBINED SINGLE LIMIT for large events Or $500,000 COMBINED SINGLE LIMIT for small events AUTOMOBILE LIABILITY—OWNED NON—OWNED OR RENTED $500,000 COMBINED SINGLE LIMIT WORKERS' ER ' C MPENSATI I EMPLOYER'S LIABILITY WHICH COMPLIES ' ITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $100,000 C. In the event of accidents of any kind, Permit tee must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. 2. ADDITIONAL REQUIREMENTS A. Permit tee must obtain workers' compensation coverage through a licensed insurance company or through self - insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed company, the contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. Page 5 of 9 B. Whether workers' . compensation coverage is provided through company or through ough licensed • ough self - insurance, the coverage in amount sufficient vrage provided must t to assure that all workers' compensation obligations incurred by Permit rmit tee will be promptly met. C. Certificate of Insuran • • The City of Corpus Christi must be named as an additional ir srd on the liability cov erage, except for the Workers' Compensation and blanket waiver of subrogation on all applicable • If your insurance company uses the standard ACORD form, the clause (bottom right) must be . wording "changed amended by adding the ged or" between "be" and �` • words, end �� "canceled", deleting the "endeavor to , and deleting the " • The g e �rord�ng after "left". name of the project must be listed d under "Description of minimum, 30-day written notice of change ■ required. or ca ncel�at�on rs D. If the Certificate of Insurance its does not show on ts face the coverage required items the existence of g ed by items 1. (1)(8), anauthored re r the insuran� corn an � representative of p must include a letter specifically stating whether '. (1)-(8) are included or excluded. 3. A completed Pisciosure of Interest must be submitted tted rrit ur proposal. Page 6 of 9 DIVISION 2. TEMPORARY CLOSURE OF STREETS Sec. 49 -1. Permit required; application. or shall any street right-of-way be used ir� No streets shall be closed temporarily a manner s to impede the free flow o f traffic without the issuance of a permit by the city as rovidd herein. Any sponsor an event desiring to close one (1) or more streets for p furnished by the city containing shall make application there for on forms said � the date and the city may require including, but not limited to, such information as ty � . sponsoring organization, the purpose of the event, location the event, the name of the sp g .. , • street or streets to be closed and the layout of activities. and diagram illustrating the sty • - submitted at least twenty worl�n days prior o the event lication must be submitted t , The app provided to cover ccom anied an application fee as hereinafter pro and must bee p by administrative costs. (Ord. No. 17651, § 16- -1983; Ord. No. 20463 § 1, 9 -20 -1988) Issuance of permits; classification of events. Sec. 'I city, permits may be Upon the review and recommendation of the application by the y, p d for the temporary closure of a street or streets in the following manner: issued � r l no admission is charged and no Neighborhood events. For neighborhood events at which r (a) � neighborhood streets for less than items are sold and which require the closure of res�dentia • may be granted by the city manager or his designated twelve (12) continuous hours, pmts y g permit granting f such representative. Notice of the permits shall be provided the city council. A hundred ten dollars $11.0 is required for such events. application fee of one or more minor streets . For small events which require the closure of one (1) o (b) Small events. extensive detouring of churches, schools, or other public institutions, not involving adjacent to chu us hours, permits may be and not requiring closure for more than twelve (12) continuo , p traffic q g t�ve. Notice of the granting of such granted by the city manager or his designated represents • g y purposes of this section, the term "minor permits shall be provided the city council. For the �� other than arterial and collector streets as classified on the streets" shall mean any streets ohe urban transportation Alen. A permit required ermit application fee of two hundred dollars ($200.00) i q for such events. s which shall be treated as large events, including, but (c) Large events. For all other events, e more • require the closure of one (1) or more major streets or involy not i�n��ted toy events which recur e upon the approval of traffic, permits may only be issued by the city manager upo pp extensive detouring fee of two hundred dollars expressed by motion. A permit application of the city council � ($200.00) is required for such events. Ord. No. 20463, 2, 9-20-1988; Ord. l o. 027349, § 5, (Ord. No. 'I 1, § � x 6-15-1983; § 2007) 49-17. Conditions and requirements for permit. Leo' to reto�Onn comply with the ' the temporary closure of any street, the sponsor must p y Prior to p ry d by the city including, but not `ions and requirements for such temporary closure impo y ► conditions � limited to, the following: (a) AH events o p shall be open to the public and admission shall be free. (b) profits derived from the event shall be used for charitable purposes. All � shall be obtained with minimum ce policies naming the city as an additional insured (c) lnurran p � fiv hundred of five hundred thousand dollars coverage for small events and for lay e thousand dollars ($500,000.00)/One hundred thousand dollars ($1 ,00 .0 g Page 7 of events of five hundred thousand dollars dollars ($500,000.00yone million iliorl dollars $'! �, hundred thousand dollars ($100,00000). � oon Certificates evidencing the required the city at least five euird coverage shall be days prior to the event. The sponsor shall agree to indemnify n . .. ify d forever save harmless the city from any from the event. y claims Sufficient barricades shall be obtained the r by e sponsor and placed in accordance with a plan approved by the traffic engineer. p f ) (1) Notice required under this section u ` st be furnished and posted at least two (2) weeks prior to the required city council meeting which the motion to approve the permit will be considered. (2) StandarStandard form of approved written notice required. The applicant/sponsor must give written notice by using the standard approved form supplied (3) red by the traffic engineer, Required recipients of written notice. a. The applicant or sponsor must furnish approved notice closure d �rr�ttn nonce the proposed temporary sure as follows: p r 1. To all tenants occupying a tenant space , closed to p property abutting that portion of the street to be 2. o vehicular traffic; and, in addition, To all building managers anal roe p y managers of all multi - tenant properties abutting of the street to be closed to vehicular traffic. n that 3. if the property abutting that portion of the street to be closed to vehicular traffic is vacant, written notice may be mailed to the property ' the of the �y o�nrner' last known address according to Nueces County Tax Appraisal District's records. g b. Proof of delivery. As part of the permit application traffic engineer having pp process, the applicant must show the g proof of having furnished the written notice required c. Hand delivery. Proof d under this chapter. . ry. roof of each hand delivery may be shown providing signature along with the recipient's �dirlg t�"1e signature of � g , pient s name, address, and contact information. d. Certified mail. If written notice n be made ' by hand delivery proof may be shown by the receipt of certified mall delivery. Posting of approved written notice required. . d. The applicant or sponsor must post the approved written notice on the inside of entrances multi-tenant p buttln that portion to �t� tenant bu��d�ngs of properties at portion of the street to be closed to vehicular At l (2) traffic. (5) least two weeks' notice of ublic meeting required, The applicant or sponsor's approved written notice of the proposed temporary street • p date time, and city treat closure shall include notice of the nd location of the city council meeting at which approval i (9) Adequate restroom facilities . g I�prva� of the permit ��s scheduled. oom facilities must be provided to accommodate the (h) All other permits required needs of the public. by the state or any other public authority must be obtained at least two (2) weed rior to Caine y the (i) the event. All security shall be provided by the sponsor. l Any construction of booths, stages, des displays, � , electrical services and plumbing shall comply the relevant city codes and shall be in accordance . p � sufficient ce �r�th the layout approved in the permit. fficient supply of potable water shall be • (1) supplied within the event site, Adequate first aid stations shall be (m) fi , provided by the sponsor, The sponsor shall provide continuous cleaning site • an,n of the site during the event and at the conclusion of the event restore the site to the same condition in • damaged a condition �t was � prior to the event. Any g public property shall be restored by the sponsor (n) Vehicles prohibited p upon conclusion of the event, shall be prohibited from parking on • . p grass areas within the street right-of-way. (0) No paint or other markings shall be permitted � p tied �nrhxh in any way obliterate or deface any markings. y (p) Provision shall be made for the free passage vehicles p g of emergency �reh�cles into the event area in case of emergency. Page 8 of 9 City council may authorize a regularly schedule event such as Bayfest or Buccaneer Days to charge an admission fee. (r) The city council by motion may authorize temporary closure of a street for producing a historical, cultural, documentary, promotional, or other similar motion picture, or for conducting a comparable event, which will promote the city. In addition to the application fee required by section 49-16, before the permit is issued the sponsor shall pay the same occupancy charges that would be required by section 3 -195 for a contractor occupying public right -of -way during erection, construction or repair of a building. If the city council finds that producing the motion picture or conducting the event in the city will provide sufficient favorable publicity and economic benefits to justify waiver, the council may waive the payment of said occupancy charges and may waive the requirements of subsections (a) and (b) above. In addition to the foregoing conditions and requirements, the city may require such other conditions or requirements as are reasonably necessary to fit the particular needs of the event in order to ensure the public safety and protect public property. (Ord. No. 17651, § 1, 6-15-1983; Ord. No. 22167, § 1, 2-21-1995; Ord. No. 23128, § 1, 11 -11- 1 97; Ord. No. 24136, § 1, 7-25-2000; Ord. No. 027393, § 1, 8-28-2007) sec. 49-18. Reimbursement for costs of the city. For any event requiring the temporary closure of one (1) or more streets the sponsor must agree to either: (a) Pay to the city four per cent of the gross receipts derived from the event to defray the public expenses involved in producing the event; or (b) Pay to the city an amount equal to the actual costs and expenses incurred by the city cleaning the site after the event and any other actual expenses of the city associated with the event. (Ord. No. 17651, § 1, 6-15 -1983) sec. 49-19. Reserved. hftv://www.municode.corniresouroasi evi i = sid= Chapter 49 Streets and Sidewalks* Division 2, Temporary Closer of Streets Sec. 49-15 through Sec. 49-19 Page 9 of 9 15 AGENDA MEMORANDUM DATE: April 8, 2008 SUBJECT: Greenwood Drive Phase 1 Project from Gollihar Road to &.PAD. BOND ISSUE 2004 (Project Flo, 6277) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 4 to the Contract For Professional Services with HDR Shiner, Moseley and Associates, Inc. in the amount of $60,000,00, for a total restated fee not to exceed $692,731.24, for construction management ent and inspection services on the Greenwood Drive Phase 1 Project from Gollihar Road to S.P.I.D, (BOND ISSUE 2004). ISSUE: The construction contract on the subject project was awarded on February 26, 2008 to Salinas Construction Technologies. The proposed Amendment No. 4 with HDR Shiner, Moseley and Associates, Inc. rovides for construction observation services of the construction phase; and requires City Council approval. FUNDING: Funding is available from the FY2008 Capital Budget and Capital Improvement Planning Guide. RECOMMENDATION: Staff recommends approval of the Motion as presented, Kevin R. Stowers, Interim Director of Engineering Services Additional l support Material: Exhibit "A" Background Information Exhibit "A-1" Prior Project Actions Exhibit "B" Location Map Exhibit "C" Contract Summary 1-1:11 -10 E1KEVIN I ENISTREETSI6277 rasa aodlAEArnd41 E DA MEM .doc BACKGROUND INFORMATION SUBJECT: Greenwood Drive Phase 1 Project from Gollihar Road to S.P.I.D. BOND ISSUE 2004 (Project No. 6277) AMENDMENT NO. 4: The contract as originally issued provided for only periodic construction observation. A higher level of on site construction inspection and management was deemed to be necessary due to: • traffic volumes; • the number of properties impacted, and • the need to work closely with affected property owners. Amendment No. 4 provides for increased construction observation services for 364 calendar days plus an additional 63 calendar days to accommodate project closeout, for a total of 2 calendar days (61 weeks). Services include construction observation and inspection that will average up to 35 hours per week. the will occur as needed with most hours being expended when construction is occurring with the number of weekly hours required being reduced during project closeout. See Exhibit "C" Contract Summary. CONSTRUCTION PHASE PREVIOUSLY IOUSLY AUTHOF I ED: Minor increases for construction observations services were authorized based on additional work that was added over the original project scope. Amendment No. 2 provided observation services for IOTA bus turnouts, and an effluent wastewater main extension ($7,511.62). Amendment No. 3 increased observation services for additional wastewater lines ($3,283.60). CONSTRUCTION PROJECT DESCRIPTION: IPTION The project consists of the complete reconstruction of the approximately 24,370 SY of existing pavement; removal and replacement of approximately 4,000 LF selected curb and gutter and 14,526 SF of sidewalk with new ADA curb ramps; new bus turn out; 5,000 LF of various sized new water lines; 1,346 LF 8" VCP wastewater line CIPP with point repairs and manhole rehabilitation, approximately ately 1,200 LF new F M with additive alternate to directional bore under SPID; 1,500 LF of various sized underground storm water pipe with new manholes; street signage, lane striping and pavement markings; and traffic signal system improvements; in accordance with the plans, specifications, and contract documents. PROJECT BACKGROUND: On Tuesday, November 2, 200 4, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 200 4. The November 2, 2004 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects, The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. In order to improve the delivery of the Bond Issue 2004 Street projects, the following processes were added to the early stages of the design phase: H:1HOMEIKEIIINSI EN1 TREETS\6277 reenwood AEAn,d*A ENDA BA K ROUND.doc (1) More detailed and standardized Subsurface Utility Engineering to include Hydro - excavation to determine precise locations and utility classifications of public and private utilities. This allows coordination with local utilities franchises for the timely relocation and avoids costly delays during construction. (2) Wastewater lines cleaning and televising (CCTV) to determine detailed information on the condition and any required repairs /upgrades prior to the street reconstruction. (3) Land acquisition, On critical projects, land acquisition is proceeding ahead of the project design and being coordinated with the platting process. This allows dedications in lieu of purchase of ROW and easements and avoids future delays and costs for Utility relocations and/or street reconstruction. 1:11- 10MEWE rI Ery T EET 1 77 ree ►aEAmda ENDA BA KGROUND. TASK LIST Greenwood Drive Phase 1 from Gollihar Road l to S.P.1.D. (Project No. 6277) AMENDMENT NO. 4 The Construction Observation Services provide a Project Representative (PR to provide construction observation for 364 calendar days plus an additional 63 calendar days for project close -out and completion for a total of 427 calendar days. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the Consultant shall endeavor to provide further protection for the City against defects and deficiencies in the Work. B. The duties and responsibilities of the PR are as described as follows below. 1. General: PR will act as directed by and under the supervision of Consultant, and will confer with Consultant regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Consultant and Contractor, keeping the City advised as necessary. 2. Conferences and Meetings: Attend meetings with the Contractor, such as pre- construction conferences, progress meetings job conferences and other project - related meetings as required by the City. 3. Liaison: Serve as a Liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of Contract Documents. PR shall communicate with City with the knowledge of and under the direction of the Consultant. 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: a. Receive samples, which are furnished at the Site by Contractor, and notify availability of Samples for examination. b. Record date and receipt of samples and approved shop drawings. c. Advise Contractor of the commencement of any portion of the Work requiring a shop drawing or sample submittal for with PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: a. Conduct on -site observations of Contractor's work in progress to assist Consultant in determining if the work is in general proceeding in accordance with the Contract Documents. b. Report whenever PR believes that any part of the Contractor's work in progress will not produce a completed Project that conforms to the Contract EXHIBIT "A-1" Pat . e 1 of H:IHOMEIKEVINS1 EN1 TREET 16 77 reenwood AEAmd41EXHIBIT A -1 TASK LIST.doc 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 observation, test of approval required to be made; and advise City and Consultant of that part of the work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval, c, Observe where 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. d. Review Contractor's pay requests for general conformance with completion of the work, and prepare documentation for submittal to City. 7. Records: a. Maintain orderly files for correspondence, reports of job conferences, reproduction of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings, Issued subsequent to the Contract, consultant clarifications and interpretations of the Contract Documents, progress reports, Shop Drawings and Sample submittals received from and delivered to Contractor and other Project related documents. b. Prepare a daily report utilizing approved City format, recording Contractors hours on site, weather conditions, data relative to changed conditions, site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures. 8. Reports: a. Furnish periodic reports are required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of shop drawings and sample submittals. b. Report immediately to the City and Consultant the occurrence of any site accidents, and hazardous environmental conditions, emergencies, or acts of God endangering the work, and property damaged by fire of other causes. c. Provide project photo reports adequately showing the progress of the work, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: a, Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction, b. Participate in a final inspection in the company of Consultant, the City and Contractor and prepare a final List of items to be completed or corrected. c. 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. W:'HOMEIKEVINSI ENISTREET 1 277 reenwoodAAEAmd41EXHIBIT A -1 TASK LI T.doc I- 11U . Vn►r.rr yr7.1. V,,,,I JII..Il.7 rrrr.FICO NWA1 VIA& f F.vrr Greenwood Park TxDOT District Office PROJECT# 6277 VICINITY MAP NOT TO SCALE EXHIBIT 'B' GREENWOOD DR, PHASE 1, FROM GOLLIHAR ROAD TO SPID CITY COUNCIL EXHIBIT OIT OF CORPUS CHRISTI, TI, TEAS DEPARTMENT TMENT OF ENGINEERING SERVICES PAGE: 1 of DATE: 03-04-2008 UMW UMW NW' GEM M taloW CONTRACT SUMMARY SUBJECT: Greenwood Drive Phase 1 from Gollihar Road to S.P.I.D. (Project No. 6277) AMENDMENT o. SCOPE OF SERVICES: The Construction Observation Services provide a Project Representative to provide construction observation for 364 calendar days plus an additional 63 calendar days for project close -out and completion for a total of 427 calendar days. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the Consultant shall endeavor to provide further protection for the City against defects and deficiencies in the Work. B. The duties and responsibilities of the PR are as described as follows below. 1. General: PR will act as directed by and under the supervision of Consultant, and will confer with Consultant regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Consultant and Contractor, keeping the City advised as necessary. 2. Conferences and Meetings: Attend meetings with the Contractor, such as pre - construction conferences, progress meetings job conferences and other project - related meetings as required by the City. 3. Liaison: serve as a Liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of Contract Documents. PR shall communicate with City with the knowledge of and under the direction of the Consultant. 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: a. Receive samples, which are furnished at the Site by Contractor, and notify availability of Samples for examination. b. Record date and receipt of samples and approved shop drawings. c. Advise Contractor of the commencement of any portion of the Work requiring a shop drawing or sample submittal for with PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: a. Conduct on -site observations of Contractor's work in progress to assist Consultant in determining if the work is in general proceeding in accordance with the Contract Documents. k :1HOMEI E ifV l ENI TREET 6 77 reenwom EAmd41 hITR T SUMMARY,doc b. Report whenever PR believes that any part of the Contractor's work in progress will not produce a completed Project that conforms t 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 observation, test of approval required to be made; and advise City and Consultant of that part of the work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Observe where 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. d. Review r Contractor's pay requests for general conformance with completion of the work, and prepare documentation for submittal to City. 7. Records: a. Maintain orderly files for correspondence, reports of job conferences, reproduction of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings, Issued subsequent to the Contract, Consultant clarifications and interpretations of the Contract Documents, progress reports, Shop Drawings and Sample submittals received from and delivered to Contractor and other Project related documents. b. Prepare a daily report utilizing approved City format, recording Contractors hours on site, weather conditions, data relative to changed conditions, site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures. 8. Reports: a. Furnish periodic reports are required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of shop drawings and sample submittals. b. Report immediately to the City and Consultant the occurrence of any site accidents, and hazardous environmental conditions, emergencies, or acts of God endangering the work, and property damaged by fire of other causes. . Provide project photo reports adequately showing the progress of the work, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: a. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction, b. Participate in a final inspection in the company of Consultant, the City and Contractor and prepare a final fist of items to be completed or corrected. c. 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. KIHO EIF E INSI EN1 TREET 77Creenwood%AEArnd4kCONTRA T SUMMARY.doc SUMMARY F FEES: GREENWOOD W D DRIVE - PHASE 1- FROM GOLLIHAR TO SPID PROJECT N. 6277 SUMMARY F FEES Basic Services 1 Prelimina Phase 2 Design Phase 3 Bid Phase 4 Construction Phase Subtotal Basic Services Fees Additional Services Permitting (Authorized) To'o raphic Surve (Authorized) Environmental Issues 4 Construction Observation Services 5 Warranty Phase 6 H d ro- Ear vatio n 7 Televising Existing Sanitary Sewer Lines Subtotal Additional Services Fees i Total Authorized Fee ORIGINAL AL CONTRACT Street Storm Water Water Wastewater Total $1 9,290.14 $3,319.40 $1,493.73 $1,493.73 $15,597.00 144,046.94 46,467.40 29,910.33, 20,910.33 232,337.00 5,578.76 1 ,799.60 509.82 809.82 8,998.00 26,421.92 8,523.20 3,835.44 3,835.44 42,616.00 186, 339.76 60,1 09.60 27,049.32 27,049.32 300,548.00 4,622.72 1,491.29 571.04 571.04 7,456.00 27,900.00 9,000.00 4,050.00 4,050.001 45,000.00 0.00: 0.00 0.00 0.00 0.00 76,759.72 , 24,761.20 11,142.54 11,142.54 123,806.00 3,063 ■421 988.20 444.69 444.69 4,941.00 0.001 19,388.33 10,388.33 1 0,558.34. 32,665.00 0.00 9.09. 0.00 29,000.00 ! 20,000.00 112,345.86 47,123.93; 27,196.60 47,196.61 i 233,553.00 $298,685.62 $107,238.531 $54,245.92 $74,245.93 $534,416.00 05/31/05 Motion No. M2005 -174 HAUSERS21HOMEWELMARGENISTREET16277 GREENWOOD DR1V \ ON ULTANTIAMENDMENT NO. 4CONTRACT SUMMARY GREENWOOD DRIVE - PHASE 1 - FROM GOLLIHAR TO SPID PROJECT NO. 6277 SUMMARY OF FEES Basic Services Prelimina Phase Desr•n Phase Bid Phase Construction Phase Subtotal Basic Services Fees Additional Services Permitting Authorized) To•ographi Surve (Authorized) Environmental Issues Construction Observation Services 5 Warran Phase 6 H dr- Excavation 7 Televising Existing Sanitary Sewer Lines Subtotal Additional Services Fees Total Authorized Fee AMENDMENT N. 1 Street Storm Water Water Wastewater Total $36,209.86 $11,680.60 $5,256.27 $5,256.27 $58,403.00 (36,209.86) (11,680.60) (5,256.27) (5,256.27) i 0.00 0.00 0.00 0.00 r 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 - - -- - 0.00 - -- - -- - -- - - --- :&i 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 x.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 12/01/05 Administrative Approval 1{\U E 1H EWELMAP\ EN\STREET1 77 GREENWOOD DRIVE\ ON ULTANTIAMENDMENT NO. 4CONTRA T SUMMARY GREENWOOD W D D I1 E- PHASE 1- FROM GOLLIHAR TO SPID PROJECT NO. 6277 SUMMARY OF FEES Basic Services 1 Preliminary Phase 2 Design Phase Bid Phase 4 Construction Phase Subtotal Basic Services Fees Additional Services 1 Permitting (Authorized 2 Topographic Survey (Authorized) 3 Environmental Issue 4 Construction Observation Services 5 Warranty Phase 6 Hydro- Excavation 7 Televising Existing Sanitary Sewer Lines Subtotal Additional Services Fees Total Authorized Fee AMENDMENT 1.2 Street Storm li�ater Water Wastewater Total i $0.00 $0.00 $0.00 $0.00 $0.001 25,227.42'1 10,132.98 7,983.44 0.00 7,111.00 ? 1,320.46 0.00i 0.00 0.00 1,320.46 1,478.22 0.001 0.00 1,473.22 2,956.44 12,931.66 7,983.44 0.00 8,589.22 29,50422 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5,252.80 5,25Z80 0.00 0.00 ! 0.00 0.00 0.00 3,755.76 0.00, 0.00 3,755.76 7,511.52 0.001 0.00; 0.00 .0 0.00 0.00 18,633.28 18,633.28 15,1118.921 0.00 15,118.92 0.00 - - 0.00 3,755.76 15,118.92 0.001 27,641.84 46,516.52' 1 $16,687.42 $23,102.36 $0.00 $36,231.06 $76,020.84 . 01/24/06 Motion No. M2006-017 H:lU ER 1HOME111ELMAP\ ENISTREET16277 GREENWOOD DE IVEI NSULTANT)AMENDMENT NO. 4 NTRA T SUMMARY GREENWOOD DRIVE - PHASE 1 - FROM GOLLIHAR TO SPID PROJECT N . 6277 SUMMARY OF FEES Basic Services 4 Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Fees Ell Additional Services 4 NM 6 WI Permitting Authorized) To 1 ographic Surve (Authorized) Environmental Issues Construction Observation Services Warranty Phase H dro-Excavation Televising Existing Sanitary Sewer Lines Subtotal Additional Services Fees 110 Total Authorized Fee AMENDMENT NT NO. Street 1 Storm Water Water Wastewater Total $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 16 524.80 16,524.80 0.00 0.00 0.00 520.40 520.40 0.00 0.00 0.00 1,040.80 1,040.30 0.00_ 0.00 0.00 13,086.00 18,086.00 0.00 0.00 0.00 924.80 924.80 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,283.60 3,283.60 0.90 ! 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,208.40 4,208.40 $0.00 $0.00 $0.00 $22,294.40 $22,294.40 01/09/07 IAdministrative Approval ft \USER IHOME\ ELMAP\ E VM Tf EET1 77 GREENWOOD DRIVEL ON ULTANT1AMENDMENT NO. 4CONTRA T SUMMARY Basic Services 1 2 3 Prelirninar Phase Des] . n Phase Sid Phase Construction Phase GREENWOOD DRIVE - PHASE 1- FROM GOLLIHAR TO SPID PROJECT NO. 6277 SUMMARY F FEES Subtotal Basic Services Fees Additional Services 1 Permittin {Authorized} 2 I Topographic Survey (Authorized) 3 Environmental Issues 4 Construction Observation Services AMENDMENT N. Street Storm Water Water Wastewater r Total $0.00 _ $0.00 $0.00 ,______ 0.00 0.00j 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 . 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.90; 0.00 0.00 0.00 37,200.01 11, 099.99 5,400.00 5,400.00 00,000.00 yVan-ar r Phase 0.00 0.00 0.00 0.00 0.00 Hydro-Excavation 0.00 0.00 0.00 0.00 0.00 Televising Existing Sanitary Sewer Lines Subtotal Additional Services Fees 0.00 0.00 0.00 0.00. 0.00 37,200.01 11 ,999.99 5,400.00 0,400.00 00,000.00 Total Authorized Fee $37,200.01) $11,999.99 H:1HD Ell EVIN 1 EN1 TREET 16 77 reenwomMEAmd41 ONTRA T SUMMARY.doc $5,400.00 $5,400.00 $00,000.00 03/25/08 Motion No. M2008- GREENWOOD DRIVE - PHASE 1- FROM GOLLIHAR IHA TO SPID PROJECT NO. 6277 SUMMARY OF FEES -- -' TOTAL fl. H EKE INS‘GEMSTREET5 103277 reenwo tiJiRE % . NT T SUM R 1 .d i Street Storm Water Water Wastewater Total Basic Services 1 Preliminary Phase $45,500.00 $15,909.09 $6,750.00 ' $6,759.09 $75,009.09; 2 • Design Phase 117,972.06 42,770.24 15,654.45 39,289.86 215,686.22 3 Bid Phase _ 6,399.22 1,799.60 899.82 1,330.22 19,838.86 -4 — Construction Phase 27,900.14 8,523.20 3,835.44 6,354.46 46,61324 Subtotal Basic Services Fees 199,271.42 68,993.94 27,949.32 53,724.54 24.54 34 /,133.32 I Additional Services 1 Permitting (Authorized) 4,622.72 '1,491.20 671.04 1,595.84 8,380.80 2 Topographic Survey (Authorized) 27,900.00 9000 00 4,950.99 9,392.89 50 }252.89 3 Environmental Issues 0.00 9.00 0.00 0.00 0.00 Construction Observation Services 117,715.49 36,761.19 15,542.54 23 #581.99 194,601.12 5 Warranty Phase 3,063.42 988.29 444.69 444.69 4,941.99 6 Hydro- Excavation - 0.00 19,888.33 - - - - -- 10,888.33 - - - - -- - --29,521.62 51 ,298.28 7 - Televising Existing Sanitary Sewer Lines - - - - - -- 0.00 15,118.92 0.00 20,900.09 35,118.92 Subtotal Additional Services Fees 153,391.63 74,247.84 32,595.60 84,446.85 344,592.92 Total Authorized Fee $352,573.05 $142,340.88 $59,645.921 $138,171.39 $692}731.24 fl. H EKE INS‘GEMSTREET5 103277 reenwo tiJiRE % . NT T SUM R 1 .d i 16 CITY COUNCIL AGENDA MEMORANDUM gOUNCIL CTION DATE; April gt 2008 AGENDA ITEM: Resolution determining a public necessity to acquire right of way easements for a street improvement project, known as the Wooldridge Road Street Improvements, Phase 1, Project (#6267), on two tracts of land known as Parcels 2 and 6; for the public purpose and use as street improvements and for other related purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of negotiations or exercise of the City's power of eminent domain. ISSUE: The Wooldridge Road Street Improvement project was approved by Bond Issue 200 4, Proposition No. 1 Street Improvements on November 2, 200 4. The entire project includes the reconstruction of a two -lane rural type roadway to a four -lane collector with curb and gutter, sidewalks, driveways, lighting and drainage. Twenty six parcels of right- of-way are required for both phases. Phase 2, from Rodd Field Road to Airline Road, is currently under construction. Phase 1 involves the area from Airline Road to South Staples Street. City staff has completed negotiations for acquisition of twenty four parcels. Negotiations involving the remaining two parcels are nearing a critical completion point. In the event an agreement is not reached with the two landowners, City staff is requesting that a resolution be in place in the event eminent domain procedures are needed. FUNDING: No funding is required at this time. RECOMMENDATION: Approval of the resolution as presented. Kevin Stowers Interim Director of Engineering Services Attachments: Exhibit A. Background Information Exhibit B. Parcel Map Exhibit C. Resolution FIAHOMEIEUSEBIOMGENAgenda Item lWooldrid St. Imps., Ph. 1, Resolution. Parcels 2, MAgenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Wooldridge Road Street Improvements, Phase 1 ( #6267) Resolution for Condemnation (Parcels 2 and 6) PROJECT BACKGROUNP: On November 2, 2004 , the Wooldridge Road Street Improvement project was approved by Bond Issue 2004, Proposition No. 1 Street Improvements. Phase 1 of this project involves the reconstruction and widening of Wooldridge Road from S. Staples to Airline Road, and Phase 2 from Airline Road to Todd Field Road. The project includes the reconstruction of a tiro -lane rural type roadway to a four -lane collector with curb and gutter, sidewalks, driveways, lighting and drainage. Phase 2 of the project is currently under construction and 72% complete. Phase 1 of the project is planned to begin in May or June, 2008. City staff is completing negotiations for all the needed parcels and have acquired 24 of the 26 parcels to date. Negotiations for the remaining two parcels are reaching a critical point. These two parcels are located at the as shown on the attached Exhibit B. In order to prevent delays to the City's contractor, City staff is requesting that a resolution be in place for the remaining two parcels. A City Council resolution is required in order to permit use of eminent domain proceedings. PARCEL NEGOTIATIONS: Negotiations are still in progress for the acquisition of these two remaining parcels. There are issues still remaining involving differences in land values and perceived damages. City staff needs to complete negotiations and is assessing the possibility of using eminent domain procedures. In the event negotiations reach an impasse, a resolution is needed in order to utilize the City's eminent domain rights. In eminent domain proceedings, the City first files a petition with the District Court of Nueces County which will then assign this suit to a County Court of Law. The presiding judge will assign three disinterested persons to hear the evidence of each party and then to determine the value of the parcels in question. These three Special Commissioners will then determine a Special Award which states the amount the city must pay to the landowners for these parcels. Upon depositing the amount of the award with the court registry, the City is permitted to enter the property and begin the construction. If either party disapproves the award amount, then that party can appeal the award and ask for a jury trial to determine a new value of just compensation. It will take approximately 30 to 45 days to complete the process from approval of the resolution to obtaining the Special Commissioners Award. If the amount of the award exceeds $50,000, a motion will be presented to City Council seeking to approve the payment of the award. Upon presenting payment to the District Court Registry shortly thereafter, the City can enter the property and begin construction on the premises. EXHIBIT A Municipalities are allowed eminent domain rights under Chapter 21 of the Texas Property Code. This is the only means for the city to acquire rights to the parcels required for this project. Acquisition of these parcels is critical to the project. Without approval of this resolution and use of eminent domain proceedings, the parcels cannot be acquired thus preventing the project from being completed. TEXAS LANDOWNER BILL of RIGHTS: Effective February 1, 2008, the Texas Attorney General Office requires that any private or government entity with eminent domain rights provide landowners affected by their projects with a copy of the Texas Landowner Bill of Rights. This Bill of Rights is a five page document which stipulates the landowner's land rights and describes the Eminent Domain process. As per state requirements, the document is to be provided to the landowner at the first contact. Although City staff initially contacted the landowners prior to February 1, each of the parcel landowners included in this resolution have been provided with a copy of the Texas Landowner Bill of Rights. PRIOR COUCILACTIOI: 1. November l4 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 200 4, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on resident homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the city of Corpus Christi. (Ordinance No. 026022) 2. August 23. 2005, -- Motion authorizing the city Manager, or his designee, to execute a Contract For Professional Services with LNV Engineering in the amount of $1 ,766,131 for the Wooldridge Road Improvements Project as follows: (BOND ISSUE 2004) (Motion No. M2005-265) Phase 1 — from Staples Street to Airline Road Phase 2 - from Airline Road to Rodd Field 3. February 21, 2006 - Ordinance abandoning and vacating a parcel of unimproved street right-of-way containing ,'169 05 square feet out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east corner of the Wooldridge Road and Airline Road intersection, in connection with the Wooldridge Road Street Improvement Project, Phase 2 -- Airline to Rodd Field, Project 6266 (Bond 200 4). (Ordinance No. 02666 4) 4. February 21, 2006 Ordinance declaring a parcel of land containing 4,1 69.05 square feet as surplus property out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east corner of the Wooldridge Road and Airline Road intersection, in connection with the Wooldridge Road Street Improvement Project, Phase 2 Airline to Rodd Field, Project 6266 (Bond 2004). (Ordinance No. 026665) 5. Eebrury2112OO6 Ordinance approving the conveyance of a parcel of surplus property containing 4,1 9.05 square feet out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east corner of the Wooldridge Road and Airline Road intersection, to the adjacent property owner in exchange for their perpetual maintenance of the property and as consideration for partial payment EXHIBIT A towards a AEP electrical easement required for the street widening project, and authorizing the City Manager or his designee to execute a Special Warranty Deed for the property and declaring an emergency. (Ordinance No. 026663) 6. , December 12. 2006 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to a Professional Services Contract with LNV Engineering, Inc., of Corpus Christi, Texas in the amount of $443,000 for the Wooldridge Road Bridge Replacement lacement for construction observation services. (Motion No. 2006 -403) PRIOR ADMINISTRATIVE ACTION: None FUTURE COUNCIL ACTION: 1. Authorize the acquisition of parcels whose cost exceeds $50,000 and, 2. Authorize the payment of any Special Commissioners Award for the condemnation of any parcels whose cost is in excess of $50,000. HAHOMEEUSEBIOMGENIAgenda ItemskWooldridge St. Imps., Ph. 1, Resolution. Parcels 2, 6113ackground.doc EXHIBIT A File : \Mproject\councilexhibits exh6267.dw F WOOLDRIDGE ROAD STREET IMPS. PHASE 1 PROJECT # 6287 CM' COUNCIL I CIL E IT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES imr min DATE 03 -26 -2008 CORPUS CHRISTI BAY LOCATIONMAP NOT TO SC4LE WC1NITY MAP NOT TO SCALE WOOLDRIDGE ROAD STREET IMPS. PHASE 1 PROJECT i 6267 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 7 of 1 a4rE: 03-26-2008 ATTACHMENT `A' Farce No. 2 l WQQIdridgRoadStripphase 626 Owners of Record — Parcels 2 6. Owner of Record rt .. -fro Legal ..- - " -- - - Property gal Parcel Legal Description Tnc., Description Gandy-Robertson, a Lots -A and -A, Block 1 Parcel 2 —1 Texas corporation Gusto Subdivision, Corpus of Lot 1 -A, Block 1 Gusto Christi, Nueces County, Texas. Subdivision. Imogene S. Butler, act A, Lot f5, Lokey individually and as Subdivision, Corpus Christi, Executrix of the Estate of Nueces County, Texas. Philip A. Butler, et al - j _ 11:\HOMMOBERTSA‘GENIAgenda a Packet\Wooldridge Roa \Alta hment A. Owners of Record.doc Parcel 6 - 1,000.01 sq. ft. out of Tract A, Lot 15, Lokey Subdivision ATTACHMENT `A' J RESOLUTION DETERMINING A PUBLIC NECESSITY TO ACQUIRE RIGHT OF WAY EASEMENTS FOR A STREET IMPROVEMENT PROJECT, KNOWN AS THE WOOLDRIDGE ROAD STREET IMPROVEMENTS, PHASE 1, PROJECT (#6267), ON TWO TRACTS OF LAND KNOWN AS PARCELS 2 AND 6, FOR THE PUBLIC PURPOSE AND USE AS STREET IMPROVEMENTS AND FOR OTHER RELATED PURPOSES; AND AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO ACQUIRE THE SUBJECT PARCELS BY MEANS OF NEGOTIATIONS OR EXERCISE OF THE CITY'S POWER OF EMINENT DOMAIN. WHEREAS, the City of Corpus Christi has implemented a street improvement project, known as the Wooldridge Road Street Improvements, Phase 1, Project No. 6267, to build street improvements for public use as streets (hereinafter referred to collectively as the "Project" ) to benefit the citizens of the City; and WHEREAS, the Project has entered the acquisition phase; and WHEREAS, the City Council of the City of Corpus Christi (the "Council" ) desires to determine, confirm, ratify and find that there is a public necessity for the Project; and WHEREAS, the Council desires to determine, confirm, ratify and find that public necessity requires the City acquire and own certain property rights in land from the title owners of the two tracts of land known as Parcels 2 and 6, as shown and described in Attachment "A" and which are necessary for the public purpose of the Project and for public purpose and use as streets, street rights of way and easements (referred to herein this Resolution as "the Property"); and WHEREAS, the Council desires to confirm and authorize the City Manager and City Attorney to acquire the needed property rights by means of negotiations or by exercise of the City's power of eminent domain, NOW THEREFORE, BE IT RESOLVED E1 BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Public necessity requires that the City have certain street rights of way and easements to two tracts of land known as Parcels 2 and 6 (shown and described in Attachment "A" ) necessary for the Wooldridge Road Street Improvements, Phase 1, Project No. 6267 (the "Project") for public use as streets, street rights of way and easements (referred to hereafter in this Resolution as `the Property") and for other related public and municipal purposes. Public necessity requires that the City acquire the Property more fully described in Attachment "A" to this Resolution from the title owners of the Property, either through purchase or by the process of eminent domain, for the public purpose and use of the Project, as city streets, street rights of way and easements, and related public and municipal purposes. EXHIBIT C 040808 R e s o Em Dom fn M C 2 7 -5 parcels Lateral A SECTION 2. The public necessity to acquire the Property for the public purpose and use of the Project and the public purpose and use as city street, street rights of way and easements, and related municipal and public purposes is hereby confirmed and ratified, and all acts done or initiated by employees, attorneys or representatives of the City to acquire and condemn the Property, are hereby confirmed and ratified as authorized, approved, and validated and declared to be valid in all respects and purposes as of the respective dates thereof for the public necessity of the Project, and for public purpose and use as city streets, street rights of way and easements, and related municipal and public purposes. SECTION . The city Manager and designee are directed to negotiate with the property owners to purchase their property interests in the Property. If the city is unable to negotiate to acquire the Property by reason of the City's inability to agree with the owners of such private property interests in the Property as to the value of such interests in the Property, or further negotiation with the owners of the Property becomes futile, the City Attorney and designee are hereby directed and authorized to institute and prosecute to conclusion all necessary proceedings to condemn the private property interests in the Property in order to acquire rights to the Property and to take any other action necessary or incidental to such acquisition or eminent domain proceedings to secure the rights to the Property. SECTION . Severability: If any provision, section, subsection, sentence, clause, or phrase of this Resolution, or the application of the same to any person or set of circumstances is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this Resolution shall not be affected thereby, it being the intent of the city Council in adopting this Resolution that no portion hereof, or provisions or regulation contained herein, shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion hereof and all provisions of this Resolution are declared to be severable for that purpose. SECTION . This Resolution shall take effect immediately upon passage. ATTEST: Armando Chapa City Secretary Approv - d as to form: 31-Mar-08 By: Veronica Ocanas Assistant City Attorney for City Attorney 040808 Res 0 Ern Dom MC2 7 -5 parcels Lateral A CITY OF CORPUS CHRISTI Henry Garrett Mayor day of _ - - - -- , 2008 The above resolution was passed by the following vote: Henry G rre t - - Melody Cooper Larry Eli orido, Sr. Mike Hummel' Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 040808 Reso Em Dom MC27 - 5 parcels Lateral A BAY LOATIONMAP NOT TO etc VICINITY MAP NOT TO SC4LE WOOLDRIDGE ROAD STREET IMPS. PHASE 1 PROJECT au EXHIBIT •e CITY couHCn. EXNIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: s of 1 DATE: 03- 26-2008 TT' T 6 Wooldridge Road $treettrnpreirnents..Phase 1, Project (# 6267) Qwners of Record _ Parcels 2. 6. Parcel No. Owner of Record Property Legal Description Parcel Legal Description 2 Gandy-Robertson, Inc., a Texas corporation Lots 1 -A and -A, Block 1, ! Gusto Subdivision, Corpus Christi, Nueces County, Texas. Parcel 2 — 178.54 sq. ft. out of Lot -A, Block 1, Gusto ' Subdivision. 6 Imogene S. Butler, individually and as Executrix of the Estate of Philip A. Butler, et al Tract A, Lot 15, Lokey Subdivision, Corpus Christi, Nueces County, Texas. Parcel 6 - 1,000.01 sq. ft. out of Tract A, Lot 15, Lokey Subdivision C: \D U M E' 11 0 I--• 1 \LOCAL --1 \T mplAttachment A,Own ers of ecord_ l .doc ATTACHMENT 'A' 1'7 AGENDA MEMORANDUM AGENDA IT M: March 25, 2008 a~ Motion approving the amount of monies to be paid as cash in lieu ofconstruction of Acushnet Drive, a half street in accordance with the Platting Ordinance Section Ill- Design Standards, Subsection A. 12.d)(1). b. Motion authorizing the City Manager to execute a Half Street Deferment Agreement with Shell Land Management ent Co., Inc., (Developer), In the amount of $135,240.00 for public improvements is including: pavement, curb, gutter, sidewalks, wastewater, water and drainage associated with the future construction of Acushnet Drive adjacent to the south property line of Saratoga Weber Plaza, Bak 9, Lot 6, located south of Saratoga Boulevard and west of Jefferson Road, in accordance with the Platting Ordinance Section IV-Design Standards, Subsection A. 1.c. ISSUE: Shell Land Management Co., Inc., developer of Saratoga Weber Plaza, Block 9, Lot B, submitted deferment agreement documentation requesting deferment of construction of ore -half of Acushnet Drive in accordance with the Platting Ordinance, Section III - Design Standards, Subsection A. 12. c). The Deferment Agreement, between the City of Corpus Christi and Shell Land Management Co,, Inc. will allow the Developer to defer the construction of required improvements including: pavement, curb, gutter, sidewalks, wastewater, water, and drainage until land adjoining the south side of future Acushnet Drive is platted and required to participate in the construction of Acushnet Drive. The Developer's portion of the half street construction cost is estimated to be 1 35,240.00. The cash will be placed into the Infrastructure Fund and will be used for the sole purpose of future construction of Acushnet Drive. REQUIRED COUNCIL ACTION: Council approval of the amount of monies to be paid as cash in lieu of construction of Acushnet Drive and Council authorization for the City Manager to enter into a deferment agreement with Shell Land Management Co., Inc., (Developer). CONDITION: Developer must deposit cash with the City for the cost of the future improvements, and comply with all other requirements of the Deferment Agreement. RECOMMENDATION: Staff recommends approval of the motions as presented. Bob M ix,AICP ACM of Development Services Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Background Information Location Map Half Street Exhibit Cost Estimate Deferment Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The plat for Saratoga Weber Plaza, Block 9, Lot 6 was approved by the Planning Commission n on December 12, 2007. Saratoga Weber Plaza, Block 9, Lot 6 (Exhibit B) is a 1.518 acre tract platted for the purpose of developing one commercial lot. Staff recommendations for platting this property included the requirement for wastewater, water, drainage, and street construction plans and construction for the extension of Acushnet Drive (ExhibitC). The developer proposed a Half Street Deferment Agreement to defer wastewater, water, drainage, and street construction until adjacent property to the south develops. Staff determined the best interest of the public will be served by delaying construction of Acushnet Drive until its full right of way width is dedicated when adjoining property is platted. The Corpus Christi Urban Transportation Plan shows A ushnet Drive as a C1 Residential Qollector with a 60-foot right-of-way width and 40-foot pavement width. The deferred Acushnet Drive extension is approximately 200 feet in length. The Developer agrees to pay cash in lieu of construction of the half street. The funds will be placed into the Infrastructure Fund and will be used for the sole purpose of constructing Acushnet Drive in the future. This delayed arrangement with the Developer is possible because Saratoga Weber Plaza, Block 9, Lot 6 has access to water and wastewater utilities and access to a public street as required in the Platting Ordinance. The Development Services Engineer determined City participation by payment into the Infrastructure Trust Fund is not required. The Planning Commission, at its February 20, 2008 meeting, recommended execution of the Deferment Agreement and found reasonable cause to deferthe half street construction requirement, A Deferment Agreement, (Exhibit E) between the City of Corpus Christi and Shell Land Management ent Co., Inc. will allow the Developer to defer the construction of required improvements including construction of: street pavement, curb, gutter, sidewalks, wastewater, water, and drainage until land along the south side of future Acushnet Drive is developed and required to participate in the construction of Acushnet Drive. The Developer agreed to deposit $135,240.00 in cash for the estimated cost (Exhibit D) of constructing the required improvements, in compliance with the Platting Ordinance. EXHIBIT A Saratoga Boulevard (State Highway 357) sainotARD LOCATION MAP LOT 9, BLOCK 6 SARATOGA WEBER_PLAZA Not to Scale 1USAW . I 1 weao•-noce• armua--firia, Job No 23775.n7.01 ', MFH/crr 2 -29 -08 °copyright 2008 Urban Engineering Niodius Point Sews 0177.001V .34.50 CONTRACTOR TO ��#.L EXISTING DITCH WITH MATERIAL AS APPROVED EN NE ENGINEER IN B. u TO BE COMPACTED TO 96 STD. PROCTER. G � DELTA ANGLE RADIUS TANGENT 1 ARC LENGTH 1 17'01 1 _ D 8.98 17.824‘ C2 1 '7'27" 3,G' 1 4.99' ' _ 28.2 G . 89•56115*-- 1 18, E - - 1 4.98' ` �' , 23.55` Eng: ivlurf Judson By: C.P.R. Preliminary Cost Estimate for Acushnet Street Extension BLOCK 9, LOT 6 SARATOGA WEBER PLAZA ITEM DESCRIPTION A PAVING IMPROVEMENTS: Clear and Grub Rift of Roadway Excavation 3 2" MAq noiud ng. Prl Coat \- - T- - - / / -/ _ 4 " Compacted Limestone Base +` " Lime mobilized Suborlde 1 UNIT PRICE 6" 'L' Curb 4' Concrete Sidewalk Street Barricade AC CY S SY SY $1,500.00 $.O $10.00 $14.00 $6,00 $'11.00 $4.00 1 EA $1,000.00 B. DEMOLITION AND SALVAGE ITEMS: '1 !Sweat and Remove Existing Pave ent Scarify, recd act and regrade exist. vmn Remove Existing Curb and Gutter Remove Existing Sidewalk _ �Ad :ust Top of i�stin inlet Remove xfa Headwall Structure January 22, 2008 Job No, 23775.A7.01 TOTAL COST $450.00 $5,000.00 $1.300.00 sioino,00 $5,400.00 $8,050.00 $8,800.00 $1,000.00 PAVING SUB - TOTAL: $44,220.00 2,375 SY 435 SY 230 LF 980 SF 1• . LS + 12. $28,500,00 $18.00 $7.83OE00 $8.00 IT:38�:oo X2,00 $1,960.00 880.00 $850.00 $1,500.00 $1,500.00 - - -- _ DEMOLITION AND SALVAGE AG SUB -TOTAL: $42,020.00 3" RCP 48" RCP OSHA Trench Protection 5' Slot Inlet Manhole LF $53,00 LF $132.00 LF $2.00 EA $3,050.00 $1;,450.00 $17,160.00 $580.00 $3,050.00 Concrete Lich Blanket Headwall Structure Fill and Corm * - of Existin Ditch Tie to (I� Stc rm Sewer ine D. WATER IMPROVEMENTS: 1 8" PVC C -900 2 8` Gate Valve and Box Fire Hydrant A se l Com # late In- lace 8" Cap with 2" Blower halve and Riser Tie xistin 8" ,Merlin 190 LF $37,00 1 EA EA $1,350.00 $4,550.00 A $500.00 $4,700.00 WATER SUB-TOTAL: Urban Engineering 2726 Swantner Corpus Christi; TX 78404 1-361-854-3101 $15,180.00 Exhibit D J 1 of En: Murf Hudson By: . k # . Preliminary Cost Estimate January 22, 2008 for Job No. 23775A7.01 A ushnefStraet Extension BLOCK 9, LOT 6 SAMTOGA WEBER PLAZA DESCRIPTION QUAN. TOTAL E. SANITARY SEWER IMPROVEMENTS: 1 " PVC 1V-12' Cut 180 MI $56.00 $6.00 $10,080.00 $1080.00 am En # i neeri . fr -8 Embedment 180 — $20,000,00 OSHA Trench Protection 180 L $1.00 $180.00 ma Construction Staking @ 44-3% 5' Diameter Manhole 11Y-12' Dee MEM EA $7,500.00 $7,500.00 6 - Tie to Existin ! Stub -out 1 EA $400.00 $400.00 Mil MI F. MISCELLANEOUS SANITARY SEWER SUB- TOTAL: $19,240.00 MEM= $15,000.00 18 #01.0.00 ITEMS: General Conditions, Bonds and Ins. 1 Silt Fence �_.._ _ _ T 400 $4.00 $1,600.00 Construction Entrance 111111111113111101 'LS $2,500.00 $2 500.00 $2,500.00 $2,500.00 4 Seed and Fertilize as re. uired . 1 IIIII MISCELLANEOUS SUE - TOTAL: I $21,600.00 TOTAL ESTIMATED CONSTRUCTION COSTS: $ 0. ENGINEERING AND CONTRACT ADMIN. U -TOTAL: $32,200.00 $270,480.00 DEVELOPER PORTION AT 50% half met . $135,240.00 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 Exhibit L 2 of G. ENGINEERING AND CONTRACT ACT A MINISTRATIO am En # i neeri . fr -8 — $20,000,00 2 Construction Teen -- - - - - $5 000.00 ma Construction Staking @ 44-3% $7,200.00 ENGINEERING AND CONTRACT ADMIN. U -TOTAL: $32,200.00 $270,480.00 DEVELOPER PORTION AT 50% half met . $135,240.00 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 Exhibit L 2 of DEFERMENT ENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Agreement is entered into between the City of Corpus Christi, Texas, a Texas home rule municipality, ipality, (hereinafter "City" ) and Shell Land Management Co, Inc., 101 North Shoreline, Suite 600, Corpus Christi, Texas 78401, a Texas corporation, (hereinafter "Developer"), and pertains to deferral of the required completion of certain improvements required prior to filing the final plat of Saratoga Weber Plaza, Block 9, Lot 6 (the "plat), which was approved by the Planning Commission on December 12, 2007. A copy of the final plat is attached and incorporated as Exhibit 1. WHEREAS, the Developer is required by the City of Corpus Christi to defer construction of the pavement, sidewalk, curb, gutter and associated water, wastewater, and stormwater infrastructure improvements for one -half of A u hnet Drive as shown in Exhibit 2; and WHEREAS, the Developer will deposit with the City of Corpus Christi cash in the amount of One Hundred Thirty -five Thousand Two Hundred Forty and 00/100 Dollars $135,240.00), which is the estimated cost of constructing the required improvements, as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3; and WHEREAS, the City Attorney and Director of Finance have approved this transaction; and WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, and maintenance agreements and all special covenants have been completed; and NOW, THEREFORE, E, for the consideration set forth hereinafter, the City and Developer agree as follows: 1. The City agrees to allow the Developer to defer construction of the required street improvements including pavement, curb, gutter, sidewalk, and associated water, wastewater, and stormwater infrastructure for Acushnet Drive as shown in Exhibit 2. 2. The Developer agrees to deposit One Hundred Thirty -five Thousand Two Hundred Forty and 00/100 Dollars $1 35,240.00), with the City of Corpus Christi, which is the estimated cost of constructing the required improvements. The deposit shall be posted to the Infrastructure Trust Fund prior to the Development Services Engineer signing the plat. 3. The principal amount of One Hundred Thirty -five Thousand Two Hundred Forty and 00/100 Dollars 135,240.00) shall be placed by the City in an interest bearing account and the total sum, both principal and interest, shall be made available to the City of Corpus Christi solely for the construction of the required improvements hereunder. Such funds shall not be used for any other purpose whatsoever. 4. The City's Development Services Engineer, at the Developers expense, shall file this Deferment Agreement in the official public records of real property in Nueces County, Texas. 1 of Exhibit E 5. No party may assign this Deferment Agreement or any rights hereunder without the prior written approval of the other parties. 6. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted opposite the signature of such party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. 7. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. 8. The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this Agreement as Exhibit 4. 9. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies have been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. 2 of EXECUTED in triplicate this _2,57‘37‘day of Shell Land Management Co, Inc. 101 North Shoreline, Suite 600 Corpus Christi, Texas 78401 By: ohn Wallace, e, Vice President STATE OF TEXAS COUNTY F N EC ES § § This instrument was acknowledged before me on the �' day of Atck, 2008, by John Wallace, e, Vice President of Shell Lard Management Co, Inc. FZFr..., XAVIER GALVAN • ii 'l-' Notary Public, State of Texas •„ r My Commission Expires NO RY P LI C, STATE TEXAS 3 of 4 UN OF CORPUS CHRISTI ("City") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361 ) 880 -3500 Facsimile: (361) 880 -3501 ATTEST: By: By: ARMANDO CHAPA, City Secretary GEORGE NOE City Manager APPROV ED AS TO FORM: This .2 0/- day of AteC - - 2008. By: Assista City Attorney for the City Attorney By: ■ Cindy ' ri Director of Finance THE STATE OF TEXAS COUNTY F NUECES ECES 4 4 4 This instrument was acknowledged before me on the - day of , 2008 by George K. Noe, City Manager for the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of the corporation. NOTARY PUBLIC, STATE OF TE AS 4 of 4 { 7111%;' CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. ation. Every question must be answered. If the question is not applicable, answer with "NA". FIRM NAME SMe/! i Maneze 71. Ceti MC, STREET: I • WrTh 5hcreine CITY:, rxJU lMth ZIP: _ 11B40 FIRM is: 1. Corporation 2. Partnership 5. Other 3. Sole Owner . Association DISCLOSURE QUESTIONS if additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Job Title and City Department (if known) r/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Title F 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name I Pk CERTIFICATE Consultant 1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: ohn (Type or Print) Signature of Certifying Person: idoz Title: V1 Pce.,5( r Date: 4'-5'I � i J3qam 1.10S, • 6ar 7- - ...-.‘ 4 , • ,..7m. -co'-. N -' E g oe al:to r gi .... a 284 Et. = C •,, ...-'..-- D Z5011:2 g it gP a = 8-3:gU Fg -€6*=7,'F'1, vl Fs, ,..,..a N cz lit ,' A.4 ; 17? .4.1.22,..9y, ... 1.0. 5,3'4 14.4 zr., ;-1 'F. a 0.76 7$ z .,= Li. 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I___ e.....- #3P45 -a ci. ``',P 0 4.. --- Q c-e . IF In*.t 1. t 0 4 Y.' ,• ,•.----1 b2 ... .'") ux .. =3.44 :.! '1' : 1.7ihi?, -.A.' .t. le .... 0 .... ..... .1.(.X.= &..... .(%.. -.,-- -_ ,.., , 4.--v; r• . .. 7-- . .• - CD , .% t PI •:i-- -,;2. 7 -., 1 .i'6 :-,1,=2 1 , = ,1-:P,. 1 . I ''' -ij .g...P=1.... .,...-.7. 5175.- S'1I ;-. 3 c.= -- . --I -1i: --- i.T;i: S. 5t-13 .•,••..i i -I 2 i' , efi z z mx s'§ 2 t12 :•gbg. 11 11; ffl - :5 45 11.! eo 1 .S JOUJ 21.71,41. C.0•400.1; • M. VITCe 4.1 2/77. p poo8 uovajop GitOCS: MAO f,',•::T.9.,T,N • 6,2UC•7 ,e3 • •,- ..... -.... I'L'. L. ...:,.., --. I: :•:,;.• i ? tf ,.., 2-= rExhibit 1 co N 0 g o cn cb §adius Paint Bears 01'27100V 34.50% CGS= PMEIlDff 10 BE SWAGED. SOMRE —COI ACT 11 AD1 TO PRIMED OWL W1CN EXIST o) N DOP4TRATOR TO BACKFILL EXISTING DITCH WITH MATERIAL AS APPRONED BY THE ENGINEER IN " LIFTS TO BE COMPACTED TO 95X STD. PROCTER. 1O PC RE MO I PC Lot ., Block 9 I Saratoga Weber Plato Vol. o Pg. 292 Records of Nuevo* Countis Texas CUB DELTA ANGLE RADIUS TANGENT ARC LENGTH 1 17•01113° 60.00' 8.98' x 17. ' C2 46'57'27" 34.50' 14.99' _ 28.27' 89'56'15" 1 5x00' 1 1 4.981 ; 23.55' PAVING EXHIBIT LOT 9. BLOCK 6 SARATOGA WEBER PLAZA 90 60 30 0 60 120 5N51 GRAPHIC SCALE 1*- 60' ©copyright 2008 Urban Engineering Exhibit 2 1 11 11 • EER1NG come mum 113CAS Job No. 23775.A7.01 MFElicrr 2- -8 Erg: Murf Hudson By: C.R.R. Preliminary Cost Estimate January 22, 2008 for Job No. 235.A.01 Acushnet Street Extension BLOCK 9, LOT 6 SARAT GA WEBER PLAZA ITEM DESCRIPTION QUAN. UNIT TOTAL PRICE COST A PAVING IMPROVEMENTS: 1 Clear and Grub light of Way 0.30 AC $1,500.00 $450.00 Roadwa Excavation , 1,000 CY $5.00 $5,000.00 3 2" HMAC Including Prime Coat 730 SY $10.00 $7,300.00 4 8 " Compacted d Lime ton r Base 730 SY $14.00 $10,220.00 5 " Lime Stabilized Su • . rade 900 SY $x.00 $5,400.00 - - 6 6" l' Curb 550 LF - - $11.00 $6,050.00 7 4' Concrete Sidewalk 2,200 - -- - - -- - - - -- - - - -- --- - - - - -- SF $4.00 $8,800.00 - - -- - - - - - -- 8 Street Ba rricade 1 EA $1,000.00 $1,000.00 PAVING SUB-TOTAL: $44,220.00 B. DEMOLITION AND SALVAGE ITEMS: 1 Saw cut and Remove Existing Pavement 2, 375 $12.00 $28,500.00 2 Scarify, re compact and_ regrade exist. Pvnnt. 435 $18.00 $7,830.00 3 Remove Existin ! Curb and Gutter 230 $6.00 $1,380.00 4 Remove Existing Sidewalk 980 lEla - - -LS $2.00 $1,960.00 $850.00 $850.00 5 Adkast Top of Existing Slot Inlet 1 6 Remove Existing Headwall Structure 1 LS $1,500.00 $1 ,500.00 r— ' DEMOLITION AND SALVAGE SUB-TOTAL: $42,020.00 C. STORM SEWER IMPROVEMENTS: 1 30" RCP 150 -� LF $83.00 2,4.0.00_ 2 48" RCP -130 LF $132.00 $17,160.00 3 OSHA Trench Protection - - 280 LF $2.00 __$560.00 - - - 4 6' S!pt1n1et - -- - 1 EA $3,050.00 $3,050.00 5 Manhole 1 EA $6,1 00.00 $6,100.00 6 Concrete Ditch Blanket 1 -- -_ LS $2,500.00 $2,500.00 7 Headwall Structure 1 LS $25 *000.00 $25,000.00 8 Fill and Compact Existing Ditch 850 CV , $25.00 $21,250.00 9 Tie to Existing Storm Sewer Line 2 EA $2,500.00 $5,000.00 IIIIII STORM SEWER SUB- TOTAL: $93,070.00 TS: D. WATER IMPROVEMENTS: - - . . • 1 -- 8" PVC C-900 190 LF $37.00 $7,030.00 2 8" Gate Valve and Box 1 EA $1,350.00 $1,350.00 3 Fire H Brant Assembly Complete In- • lace 1 EA $4,550.00 $4,550.00 4 8" Cap with 2" Blowoff Valve and Riser 1 EA $500.00 $500.00 5 Tie to Existing 8" Waterline 1 EA $4,700.00 $4,700.00 WATER SUB-TOTAL: $16,130.00 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 Exhibit 3 1 of 2 Eng: Mrf Hudson By: C.R.R. Preliminary Cost Estimate January 22, 2008 for Job No. 23775.A701 Acushnet Street Extension BLOCK 9, LOT 6 SARAT GA WEBER PLAZA ITEM DESCRIPTION QUAN. UNIT UNIT TOTAL E. SANITARY SEWER IMPROVEMENTS: 8" PVC (11Y-12' ______ 180 LE $56.00 $10,080.00 Embedment ent 180 LF - - $6.00 1,080.00 OSHA Trench r Protection 180 mii $1.0 $180.00 5' Diameter Manhole (10'-12' Dee • 1 EA $7,500.00 $7,500.00 6 PRICE COST Tie to Existing Stub -out 1 EA $400.00 $400.00 SANITARY Y SEW SUB - TOTAL: $19,240.00 F. MISCELLANEOUS ITEMS: EMS: 1 General Conditions, Bonds and Ins. 2 Silt Fence - -- 3 Constriction Entrance 4 Seed and Fertilize as required 1 LS $16,000.00 $15,000.00 400 LF _ _ $4.00 $1,600.00 - 1 LS $2,500.00 $2,500.00 1 LS $2,800.00 $2,500.00 MISCELLANEOUS SUB - TOTAL: $21,600.00 TOTAL ESTIMATED CONSTRUCTION COSTS: G. ENGINEERING AND CONTRACT ADMINISTRATION 1 En . ineering ©+ -8% 2 Construction Testing 3 Construction Staking $238,280.00 $20,000.00 $5,000.00 $7,200.00 ENGINEERING AND CONTRACT AD MIN. . SUB -T TAL: $32,200,00 GRAND TOTAL: $270,480.00 DEVELOPER PORTION AT 50% (half street): ;135,240.00 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 hibit 3 2 of 2 18 ORDINANCE AMENDING DIN THE CODE OF ORDINANCES CES BY AMENDING SECTION 2-311, STANDARDS, AND SECTION 29-49, CITY MARSHALS, REGARDING DING USE OF CITY EQUIPMENT BY LICENSED PEACE OFFICERS AND FIREFIGHTERS ON APPROVED OFF -DUTY ASSIGNMENTS; PROVIDING FOR EFFECTIVE DATE, PROVIDING A REPEALER CLAUSE, AND PROVIDING FOR SEVERANCE. Whereas, police officers have traditionally worn their police uniforms and carried city issued weapons on approved off-duty law enforcement assignments; Whereas, airport public safety officers and municipal court marshals are also certified peace officers who perform off-duty law enforcement assignments; Whereas, allowing such officers and marshals to wear police uniforms and carry city issued weapons during approved off -duty law enforcement assignments serves public purpose of discouraging crime and preserving the peace within the city; Whereas, allowing fire fighters to wear their City- issued uniforms, badges, and other uniform attire on approved off -duty fire watch employment serves public purpose of improved fire safety; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 2, ADMINISTRATION, Article V, CODE OF ETHICS, Division 1 RULES OF CONDUCT, of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 2 -311 STANDARDS, is amended by deleting the stricken words and adopting the underlined words: "ARTICLE V. CODE OF ETHICS "Section 2-311. Standards. "The following rules of conduct apply to all council members, board members, and employees: "Special Privileges: (1) You shalt not use your office for private advancement or gain or to secure special privileges or exemptions for yourself or others. (2) You shall not grant any special consideration, treatment or advantage to any person or group beyond that which is available to others generally. (3) You shall not use city facilities, personnel, equipment or supplies for purposes unrelated to the interests of the city, except to the extent such are lawfully available to the public. Notwithstanding the foregoing sentence, Corpus Christi Police HALEG-DIR\Lisak2008 ORDINANCEMARTICLE V Code of Ethics March 2008.doc Officers, Airport Pu[cSafety Officers and Municipal Court Marshals may wear their Ci - issued uniforms bad • es and other uniform attire ma use their Ci - issued radios and may carry their qty.-issued weapons, on approved off-duty law enforcement ern to rnent. and Co • us Christi Fire Fi hters ma wear their Ci - issued uniforms badges, and other uniform attire, and use their city- issued radios on approved off -duty fire watch m p l oym t. " * * * SECTION 2 Chapter 29, MUNICIPAL L C OF TS, Section 29-49 CITY MARSHALS is amended to read as follows: " Sec. 29-49. City marshals. "(c) Duties and jurisdiction of city marshals. The duties of the city marshals are strictly limited as follows: (1 ) To execute warrants of arrest, subpoenas, and other legal process issuing out of the municipal court, within the city limits; (2) To serve as court bailiffs in the municipal court; and (3) To perform such duties as assigned by the municipal court administrator. The city marshals shall perform all assigned duties acting under the direction of the municipal court administrator and in accordance with written guidelines developed by the municipal court administrator. However, the city marshals shall perform court bailiff duties acting under the direction of the municipal court judges. off-duty,The city marshals shall not be assigned the duties which are presently assigned to the police department of the City." 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 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. SECTION 6. This Ordinance takes effect immediately on passage of second reading. HALEG-DIR\Lisa‘2008 ORDINANCEMARTICLE Code of Ethics March 2008.doc That the foregoing ordina a was read for the first time and passed to its second reading on this the of 2008 ]� � � the following vote: Henry Garrett t Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel! el! Mic ael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel' Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: March 11, 2008 By: Lisa Agu Assistant City Attorney For City Attorney Henry Garrett Mayor CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 312512008 AGENDA ITEM: Amending the Code of Ordinances by amending Section 2 -311, standards, and Section 29-49, City Marshals, regarding use of city equipment by licensed peace officers and firefighters on approved off -duty assignments; providing for effective date, providing a repealer clause, and providing for severance. ISSUE: To amend the City Code of Ordinances to authorize use of city issued uniforms and equipment by licensed peace officers and firefighters on approved off -duty law enforcement and fire watch assignments. 13_EQUII:MD COUNCIL ACTION: Requesting City Council approval of revisions to the City of Corpus Christi's Code of Ordinances, as amended, Chapter 2, Administration, Article 5, Code of Ethics, Division 1, Rules of Conduct, Section 2-311, Standards.. CONCLUSION AND RECOMMENDATION: It is recommended that the City Council approve the proposed revisions to the Code of Ordinances, Chapter 2, Administration, Article 5, Code of Ethics, Division 1, Rules of conduct, Section 2 -311, Standards. -71( Mary y Fisher; City Attorney Page 3 of 4 BACKGROUND INFORMATION The City of Corpus Christi's Code of Ordinances, Section 2 -311 Standards item (3) provides the following: "(3) You shall not use city facilities, personnel, equipment or supplies for purposes unrelated to the interests of the city, except to the extent such are lawfully available to the public." However, it is very common within the law enforcement community, including the Corpus Christi Police Department, that licensed peace officers frequently participate in employment outside of their employment with their primary employer, (Le. the city), and have been allowed to wear their uniforms, carry their badges, handguns, and other law enforcement equipment provided. Additionally, the Airport Public Safety Officers and Municipal Court Marshals are licensed peace officers and are eligible for such outside employment. The City's policy HR .0 Outside Employment provides the following language, and to codify the practice, the Ordinance should be changed similarly. "Employees may not use City equipment, supplies, or other City resources in the performance of their outside employment except when related to a licensed peace officer's of -duty law enforcement employment." Therefore, this proposal recommends the revision of Section 2-311, Standards, of Article 5, Code Ethics, Division 1, Rules of Conduct, be revised to allow City employees who are licensed peace officer's to use City equipment, supplies or other City resources in the performance of their outside employment when related to approved off -duty law enforcement employment. Additionally, this proposal recommends the revision of Section 2-311 to authorize fire fighters to wear their City- issued uniforms, badges and other uniform attire on approved off-duty fire watch employment. The Ethics Commission voted to approve this amendment at their meeting on February 13, 2008. Attached is a copy of the minutes from the February meeting. Page 4 of 4 19 Page 1 of 9 AN ORDINANCE AMENDING CHAPTER 14 "DEVELOPMENT SERVICES," ARTICLE II "ADMINISTRATION OF TECHNICAL CONSTRUCTION CODES," DIVISION 8 "RESIDENTIAL CODE," SECTION 14 -291 "RESIDENTIAL CONSTRUCTION CODE," of THE CORPUS CHRISTI CODE OF ORDINANCES TO EXEMPT SINGLE - FAMILY STRUCTURES BUILT IN COMPLIANCE WITH THE ZERO LOT LINE ORDINANCE FROM HAVING A ONE-HOUR FIRE - RESISTIVE RATING WITH EXPOSURE FROM BOTH SIDES FOR EXTERIOR WALLS ON THE ZERO LOT LIN E SIDE; PROVIDING A REPEAL ER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION, AND PROVIDING G AN EFFECTIVE TIVE DATE WHEREAS, the current provisions of the International Code Council Residential Code for One - and Two-Family Dwellings, 2003 Edition (IRC), as adopted by the City of Corpus Christi requires all construction located between zero feet and three feet from the property line to be one -hour fire resi Page 2 of 9 in the city secretary's office, is incorporated by reference and adopted as the residential construction code for the city: (6) Section R302.1 o the International Residential Code or one- and Two-Famil /jt'd1ings is revised to include the following exception: R302.1 Exterior walls. Ex - i tion A: A sin a -aril structure built in con fiance with Section 24-2 "Zero Lot Line Residential Develo merit" of the Co us Christi Zonin Ordinance is exem • t from havin a one -hour fire - resistive rating with ex osure from both sides for exterior walls on the zero lot line side. This exception shall also apply to existing zero, lot line develo i rents that meet the zero lot line ordinance • arameters. (6D Section R308.5 of the International Residential Code. for One and Two-Family Dwellings is revised to read as follows: (7E) Section .308. 6 of the International Residential Code for One and Two-Family Dwellings is amended by adding a new subsection R308.6.10 to read as follows: (421) Section R310.1.4 of the International Residential Code, for One- and Two-Family Dwellings is revised to read as follows: (90 Section R322.1 of the International Residential Code, for One- and Two-Family Dwellings is revised to read as follows: (4-U) Section R323.1 of the International Residential Code for One- and Two-Family Dwellings is revised to read as follows: (4-1-12) Chapter 3 of t he International Residential Code for One- and Two-Family Dwellings is amended by adding a Section R324 to read as follows: H: LEG -DID \ Shared\ aryS\agenda\2 O8\3 -2 \ RD -Zero lot line IRC amendment.do Page of (4-iI3) Chapter 3 of the International Residential Code for One- and Two-Family Dwellings is amended by adding a new Section 325 to read as follows: (43i4) Section 8401. 1 of the International Residential Code, for One- and Two-Family Dwellings is amended by adding a new exception 3 to read as follows: (4-4J) Section R403.1.8 of the International Re i e is Code for One- and Two-Family Dwellings is revised to read as follows: 4-5 Section R403.1 of the International Residential Code, for One and "w - Family Dwellings is amended by adding new subsections 8403.1.9 revised to read as follows: (4-517) Section 8606. 9 of the International Residential Code for One- and Two-Family Dwellings is revised to read as follows: (4-;'.i) Section R613 of the International Residential Code, for Ore- and Two-Family Dwellings is amended by revising the heading and Sections R613.1, R613.2, R613.3, R613.4, and R613.5 and by adding R613.7 to read as follows: (4-819) Section R703.4 o,, f the International Ra identa Code for One- and Two-Family Dwellings is revised to read as follows: am Section 8802.. 1 of the International Residential Code for One- and Two-Family Dwellings is to read as follows: (2OZi) Section R802.10.1 of the International e i entia Code, for One- and Two- Family Dwellings is amended by revising subdivision 4 and adding new subdivisions 13 and 14 to read as follows H:IL -DIRI hared \Gay \agendal2o \3- \ RD- rya lot line IRC amendment oc Page 4 of 9 Section R802. T o. 2 of the International Residential Code for Ore-- and Two- Family Dwellings is revised to read as follows: (23) Section R806 of the International Residential Code for One- and Two-Family Dwellings is amended by adding a new Section 8806.4 to read as follows: (24) Section R905.1 of the International Residential Code for One- and Two-Family Dwellings is revised to read as follows: (24) Section R 0 .2.3 of the International Residential Code for One- and o- m , Dwellings is revised to read as follows: (25 6) Section R905.2.6 of the International Residential Code for One- and Two-Family Dwellings is amended by adding a new Section R905.2.6.1 to read as follows: (2;67) Section R , f the International Residential Code One- and Two-Famil Dwellings is revised to read as follows: (2-7) Section R905.2.8 of the International Residential Code for One- and Two-Family Dwellings is amended by adding R905.2.8.6 to read as follows: (2;;3) Section R9 O7 of the International Residential Code, for One- and Two-Family Dwellings is amended by adding new sections 907.7, 907.8, 907.9, and 907.10 to read as follows: (;o;31) Section M1401.4 of the International Residential Code for One- and wo- mi y Dwellings is amended by adding an exception to read as follows: FI:\ LEG -DI 1 hared\ ary \agenda\ 8\3- \ RD -Vero lot line IRC amendment do Page 5 of 9 (-1-32) Section M1411.3 f the International Residential Code for One- and Two-Family Dwellings is amended by adding an exception to read as follows: (;2) Section G2403 of the International Residential Code for One- and Two-Family Dwellings is amended by adding definitions for the term plastic piping to read as follows: (334) Section G2413.6 of the International Residential Code fo n - r Two-Family Dwellings is amended by adding an exception to read as follows: (34a Section G2414.9 of the International Residential Code, for One and 'wo- am y Dwellings is revised to read as follows: (3$) Section G2416.4 of the International Residential Code for One- and Two-Famil Dwellings is amended by adding an exception and note to read as follows: (3612) Section G2416.4.1. of the International Res a tia Code for One- and wo- Fra ni y Dwellings is revised to read as follows: (3-7H) Section G2419 f the International Residential Code for One and Two-Family Dwellings is amended by adding a new subsection 02419.6 to read as follows: (SR) Section P2503.5.1 of the International Resa a ntia Code for One- and Two- Family Dwellings is revised by adding a new subparagraph 3 to read as follows: (94Q) Section P2503.6 o, f the International Residential Code for One- and Two-Family Dwellings is revised to read as follows: FI LE -Dn 1 ha►re ‘Ga►r la n al a 1 i ‘ I - . lot line IRC amendment.doc Page 6 of 9 40 Section P2503.7.2 of the International Residential Code, for e and w- 'amily Dwellings is revised to read as follows: (4442) Section P2601.2 of the International Residential Code for One- and Two-Famil Dwellings is revised to read as follows: (424) Section P2603,6 f the International Resi n Code for or One- and Two-Family Dwellings is revised to read as follows: (4344) Section P2902.4 of the International Residential Code, for One and Two-Family Dwellings is amended by adding a new subsection P2902.4.6 to read as follows: (4445) Section P2902 of the International Residential Code for One- and Two-Family Dwellings is amended by adding a new subsection P2902.6 to read as follows: 454 Section R2903.9.3 of t the International Residential Code + for One and 'wo- . ar ily Dwellings is revised to read as follows. (4647) Chapter 29, Water Supply and Distribution, of the International Residential Code for One- and Two -Family Dwellings is amended by adding a new section P2908 to read as follows: (474_) Section x3005.2.7 of the Inteniational Residential Code, for One- and Two- Family Dwellings is revised to read as follows: (48) Section P30053 of the International Residential Code for One- and Two-Family Dwellings is amended by adding a new section P3005.3.1 to read as follows: H;1 LEG -DI \ Shared\ ary lag nda\2 13i 1 RD -Zero lot line IRC amendment.doc Page 7 of 9 (4950) Tables P3005.4.1 and P3005.4.2 of the International Residential Code for - and Two-Family Dwellings are revised to read as follows: X51 Section P3102 of the International Residential Code for One- and Two-Family Dwellings is amended by adding a new section P3102.4 to read as follows: (4-52) Section P3104 o, f the International Residential Code for One- and o-- Family Dwellings is amended by adding new sections P31043 and P3104.8 to read as follows: ($L) Section P3114.1 of the International Residen i Code for One- and ' o- m y Dwellings is amended by adding a new subsection P3114.1.1 to read as follows: X54 Section P3005 of the International Residential Coe for One and Two-Family Dwellings is amended by adding a new section P3005.6 to read as follows: (M;) Section P3201.2 of the International Residential Code for One- and Two-Family Dwellings is amended by adding an exception to read as follows: (665_0 Section P3201.6 of the International Residential Code for Ore-- and Two-Family Dwellings is revised to read as follows: (562) Part Vlll - Electrical of the International Residential Code for One- and Two- Family Dwellings is deleted. (5-7M) Section A.1.301 of the International Residential Code , for One- and Two-Family Dwellings is amended by adding AJ301.5 to read as follows: H:\ LEG -DI l \ h r d\ air l gen a\ 8\3 - 51 I -Zero lot line lRC am dmnen ,doc Page 8 of 9 (5812) Section A.I401.4 of the International Residential Code; for One- and Two-Family Dwellings is revised to read as follows: (4O) Section AL501.4 of the International Residential Code, for One- and Two-Family Dwellings is revised to read as follows: (6061) Appendix J of the International Residential Code for One- and Two-Family Dwellings is amended by adding a new section AJ o2 to read as follows: (6&) The International Residential Code for One- and Two-Family Dwellings is amended by adding new Appendices M, N, and 0 to read as follows: SECTION 2. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. 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 the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 4. A vi Page 9 of 9 That the foregoing ordinance was read for the first time and passed to its second reading on this the ay of -, 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon _At, _,A__L _44.,._ That the foregoing ordinance was read for the second time and passed finally on this the day of _ _ , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Mare Larry Elizondo, Sr. Nelda Martinez Mike I umr ell Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of 2008. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: March 18, 2008 By: G * '{ . Smith Assistant City Attorney For City Attorney HAL - DIR1Shared‘GarySla nda1200 13- I 1 D- Z ra lot line ERC amendment.doc AGENDA MEMORANDUM AGENDA ITEM — TEXT AMENDMENT (City Council Action Date: March 25, 2008) An ordinance amending Chapter 1 "Development Services," Article 11 "Administration of Technical Construction Codes," Division 8 "Residential Code," Section 14-291 "Residential construction code," of the Corpus Christi Code of Ordinances to exempt single - family structures built in compliance with the zero lot line ordinance from having a one -hour fire - resistive rating with exposure from both sides for exterior walls on the zero lot line side; providing a repealer clause; providing a severability clause; providing a penalty clause; providing for publication; and providing an effective date. Building Code Board of A . seals and Staff Recommendation (1/24108}: Approve the amendment to the International Code Council "ICC" Residential Code for One and Two Family Dwellings Code 2003 edition as adopted by the City of corpus Christi with local amendments, by adopting a new Exception A, to Section 8302 Location on Lot, R302.1 Exterior walls. Requested CityyCounciI Action: Approve the amendment to the International Code Council "ICC" Residential Code for One and Two Family Dwellings Code 2003 edition as adopted by the City of Corpus Christi with local amendments, by adopting a new Exception A, to Section R3 2 Location on Lot, R302.1 Exterior walls. Summary: The.current provisions of the International Code Council ("ICC") Residential Code for One and Two Family Dwellings Code 2003 Edition as adopted by the City of Corpus Christi with local amendments has construction criteria that requires all construction located between zero (0') feet and three feet (3') from the property line to be one hour fire resistance rated construction. Additionally the one hour fire resistive protection is required to be provided from both sides, exterior and interior of the structure. The proposed text amendment to add an exception would allow construction complying with the conditions of the new proposed "Zero Lot Line Residential Development" ordinance to have unrated fire resistive construction; beginning at the property line zero feet (0'). The provisions of the new proposed "Zero Lot Line Residential Development" ordinance wall address concerns traditionally recognized by the IRC in that it assumes that an owner has no control over an adjoining property. Thus, the locations of buildings on an owner's property adjacent to the property line requires regulation relative to the property line. In requiring a means of protecting one building from another the code normally .relies on the property line as a convenient point between buildings to provide the fire resistance rated protection. In the Zero Lot Line Residential Development ordinance proposal restrictions contain in sections 24-2.03 Land Uses and Structures Permitted and 24-2.04 Development parameters separation requirement will exist that wilt allow the exception not to require the one hour fire resistive rated construction at or within three feet 3' of the property line. Sincerely, Fee 14 Bob Nix, AICP. Assistant City Manager of Development Services Attachments: 1) Building Code of Appeals Minutes (1/24/08) 2) Ordinance City of Corpus Christi (SUMMARY) MINUTES BUILDING CODE BOARD OF APPEALS ADVISORY BOARD MEETING G STAFF CONFERENCE ROOM 1201 LEOPARD ST., CORPUS CHRISTI, TEXAS 78408 THURSDAY — JANUARY 24, 2008 SERVICES MENT BOARD MEMBERS PRESENT: John Dykema Bill Ewing Mike Lippincott John Taylor Cliff Atnip 2406 Leopard First Floor BOARD MEMBERS ABSENT: Ron Wheaton Don Boyd Corpus Christi Texas 78408 Phone 361 826 -32 STAFF MEMBERS PRESENT: Rosie Rodrigue , eeordi g Secretary Plannin Lorenzo Gonzalez, P.E.Engineer Fax 361- 26 -3590 Yvette Aguilar, Attorney 1 Legal Building Fax 361- 826 -3006 www.cctexas.com CALL TO ORDER: John Taylor declared a quorum and the called meeting to order at 1:35 pm. One Stop Strop Permitting Plan Review Infrastructure and Building Construction Inspections Working Together To Build A Better Future INTRODUCTION OF NEW BOARD MEMBERS: By: John Taylor Mike Lippincott with Fulton Coast Con, general contractor has been business in Corpus Christi for over 22 years. John Dykema a with Dykema ema Architects originally worked with Jim Bright in Brut and Assciates and in business since 1980. Bill Ewing Jr with Ewing Construction in its 40th year of business and has worked for 20 of those 40 years. Building Code Board of Appeals officially welcomed our new members aboard. City PROPOSED AMMENDMENT FOR ZERO LOT LINE DEVELOPMENT Corpus ORDINANCE: Christi Lorenzo Gonzalez — Provided the Board an overview of the proposed zero lot line ordinance and its relationship to the criteria in the Building Code. He clarified that the proposed amendment to the International Residential Code (IBC) would only apply to Zero Lot Line Development by amending the requirement for one hour fire resistive rated protection at the property line. He stated that the Board is being presented with an exception that would be added to the IRC code i 20 AN ORDINANCE AMENDING CHAPTER 14 "DEVELOPMENT SERVICES," ARTICLE 11 "CITY OF CORPUS CHRISTI TECHNICAL CONSTRUCTION CODES," DIVISION 7 "PLUMBING CODE," SECTION 14-281 "PLUM ING CODE," OF THE CODE OF ORDINANCES, CITY OF CORPUS S CHRISTI, TO REQUIRE ANNUAL TESTING OF BACK -FLOW PREVENTION DEVICES; TO PROVIDE FOR REPORTING OF RESULTS OF THE ANNUAL TESTS of BACK -FLOW PREVENTION DEVICES; PROVIDING IDING A REPEALER CLAUSE; PROVIDING FOR SEVERANCE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING IDING AN EFFECTIVE DATE WHEREAS, cross connections of potable and nonpotable water systems have the potential of introducing contaminated water into the potable water system of the City; WHEREAS, the risk of contamination of the City's water system from cross connections can be eliminated by requiring the installation of back -flow prevention devices and providing for annual testing of the devices, reporting of the results of the tests, and providing a means for enforcement of the requirement; and WHEREAS, the City Council has determined that this ordinance 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. Chapter- 14 "Development Services," Article 11 "City of Corpus Christi Technical Construction Codes," Division 7 "Plumbing Code," Section 14-281 "Plumbing Code," of the Code of Ordinances is amended to read as follows: Section 14 -281. Plumbing code (12) Section 608.3 of the International Plumbing ing Coale is amended by adding new subsections 608.13.10 and 608.1 3.11 to read as follows: 608.3. . Penaitf.rfaJ/ure to report test result. a Failure to re • ort the result of the re s uired test of the backflow prevention device at least annually shall be a misdemeanor punishable as set forth in Sec. 1_ -227. Page 2 of 4 b U • on the failure to re • ort the result of the re • uired test of the backflow revention device the cit mana•er or his desi nee ma authorize the stoppage of the supply of water to the service address and the water will not be restored exce • t u . on ' rovision of the report of the required test. (15) Chapter 6, Water Supply and Distribution, of the International Plumbing Code is amended by adding a new section 44-2 614 to read as follows: Chapter 6 WATER SUPPLY AND DISTRIBUTION SECTION 614 LAWN IRRIGATION SYSTEMS 614. . 4 Termination of lawn irri • ation s stem. The maintenance and annu the back-flow�revention_device for lawn it rjg$i n s stems shall continue until the lawn irri • ation s stem is disabled b the following acts: (a) tie upstream ancicjownstream Iine _ f the lawn irrigation system are curt and capped below ground levels _a state- licensed irrigator r Iumbe� the irrigation control box is disconnected and removed, (c) the wires that fed the irriqation control box are cut at the point that they enter the • round or concrete and (d) the work is inspected by an inspector from the Backflow Prevenin_Program SECTION 2. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. 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 judgement of a court of competent jurisdiction, it shall not affect any other section, hileg ir\ ws gws developmentser-vices ordinances rd sec 14-281 backflow 080317 two readings Page 3 of 4 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. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under section 1-6 of the City Code of Ordinances. SECTION 5. 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 publication of this ordinance. H:Le it ors gws a elopmentservi es ordinances \Ord sec 14-281 backflow 080317 two readings That the fore on this the Page 4 of 4 o'ng ordinance was read for the first time and passed to its second reading ay of " , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Mare Larry Elizondo, Sr. Nelda Martinez Mike Hummel! Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel! Michael M Cut hon Bill Kelly APPROVED E II PASSED on this day of , 2008. ATTEST: Armando Chapa, City Secretary Henry Garrett, Mayor APPROVED: March 18, 2008 Ga' IIII Smith Assistant City Attorney For City Attorney H: LegDirlgwslgwsldevelopmentserviceslordinanceslOrd sec 14 -281 backflow 080317 two readings CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 25, 2008 AGENDA ITEM: An Ordinance amending Chapter 14 "DEVELOPMENT SERVICES," Article!! "CITY OF CORPUS CHRISTI TECHNICAL CONSTRUCTION CODES," Division 7 "PLUMBING CODE," Section 14-281 "PLUMBING CODE," of the Code of Ordinances, City of Corpus Christi, to require annual testing of Back -flow prevention devices; to provide for reporting of results of the annual tests of back -flow prevention devices; providing a repealer clause; providing for severance; providing a penalty clause; providing for publication; and providing an effective date. ISSUE: As part of the new back -flow fees proposed to City Council on March 25, 2008 an amendment to the plumbing code is necessary to follow through with the implementation of the program. REQUIRED JIF ED COUNCIL ACTION: Council's approval of the proposed changes to the code. PREVIOUS I US C UNCIL ACTION: : none CONCLUSION AID RECOMMENDATION: Staff recommends approval of ordinance as proposed. 73.0,-, 44.72, Bob Nix, AICP Assistant City Manager BACKGROUND INFORMATION Among the proposed fee structure brought upon City Council on March 25, 2008, the Department of Development Services has included the requirement to collect new fees for Contractor Back - flow prevention assembly testers and for the filing of Back -flow prevention test reports. The purpose of these fees is to fund the Back - flow program, which monitors and inspects backflow assemblies within the city to maintain protection of city water. The cross connections of potable and nonpotable water systems have the potential of introducing contaminated water into the potable water system of the City. The risk of contamination of the City's water system from cross connections can be eliminated by requiring the installation of back -flow prevention devices and providing for annual testing of the devices, reporting of the results of the tests, and providing a means for enforcement af the requirement. 21 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 8,20M AGENDA ITEM: a. Motion to amend prior to Second Reading of Ordinance by substituting with revised ordinance. b. Ordinance amending Chapter 14"DEVELOPMENT SERVICES," Article XIII "DEVELOPMENT SERVICE FEES" Division 1 "TECHNICAL CONSTRUCTION CODE FEES," Section 14 -1302 "STANDARDIZED BUILDING VALUATION," Section 14 -1304 "PROCESSING AND PLAN REVIEW FEE," 14 -1306 ' {SPECIAL FEES," Section 14 -1308 "REFUNDS," Section 14 -1311 "CONTRACTOR REGISTRATION FEES "} Section 14 -1312 "ACCOUNTING," and Section 14 -1313 "TECHNICAL ICAL CO STRUCTI I CODE FEE SCHEDULES" of the Code of Ordinances, City of Corpus Christi, to provide for standardized building valuation, the time for payment of the nonrefundable processing and plan review fee, fees for duplicate Certificate of Occupancy and multiple plan review fees, refunding fees, lawn irrigator and backflow flow prevention assembly tester registration fee, and accounting of the fee revenues and expenditures; and repealing Chapter 14 "DEVELOPMENT T SERVICES," Article X1II "DEVELOPMENT SERVICE FEES' Division 1 "TECHNICAL CONSTRUCTION CODE FEES," Section 14-1309 "FEES ROUNDED DED OFF" of the Code of Ordinances, City of Corpus Christi, to delete the provision for rounding of permit fees; providing for fees for existing applications made prior to the effective date; providing for severance; providing a repealer clause; and providing an effective date. ISSUE: Increase fees tb sustain the Development Services Fund balance and to move the fund toward an enterprise fund. REQUIRED COUNCIL ACTION: Council's approval of the proposed fee increases and changes to the code. PREVIOUS COUNCIL ACTION: On March 25, 2008 Council passed the First Reading on the proposed changes. CONCLUSION AND RECOMMENDATION: Staff recommends mends approval of ordinance as amended. Attachments Bob Nix, A1CP Assistant City Manager BACKGROUND INFORMATION In the monthly meeting held on March 12, 2007, the Development Services Advisory Group approved a recommended fee increase and code changes for the Development Services fees. Some of the fee increases and code changes included in that fee structure are: • 35% increase in all residential & commercial fees • Minimum fee increase to $75.00 • Revision of Standardized Building Valuation Definition • Collection of plan review fees at time of application submittal • Plan review fee as non - refundable • Multiple Plan Review fee • New Site Plan Review fee • Removed rounding of fees • Contractor registration fees for Backflow • Financial audit provision With the new fee structure, the Department of Development Services will have sufficient funding to meet some immediate major objectives, including: fill vacant positions, hire temporary staff in the interim while vacancies are being filled, and execute its contract commitMents this fiscal year. In addition, during next fiscal year staff can be supplemented by professionals from a firm that provides support services to building departments, which will mitigate the impacts of understaffing and temporary staff shortages from training, leave, illness, and staff turnover. On site staff training will also be conducted by the firm, and other quality and efficiency improvements can be made within the department. As agreed previously, when needs are fully defined in the budget process, staff may return at that time with additional recommended changes in the fee structure, such as to support an expedited permitting procedure. Staff is estimating that if revenues continue to be received at the level experienced in the first five months of this fiscal year and expenditures remain the same with continued vacant positions and other economies, the Department's ending fund balance would be drawn down by about $500,000 (Exhibit A. The Development Services Advisory Group has previously agreed to support an increase in building permits with the expectation to not only balance the budget, but also increase levels of service. Staff recommends a 35% increase in residential and building permits and the increase of the minimum fee from $28.00 to $75,00. A 35% increase would bring in an estimated $450,000 and the minimum inspection fee would add about $213,000 for the remainder of the fiscal year. The increases would allow the department to fill 10 vacant positions, add four temporary positions, and provide additional training to inspectors, plan reviewers, and front counter personnel. In addition, it would also fund improvements and maintenance on computer equipment, capital outlay reserves, and consultant costs. We recognize that the expectations from the development community not only include increased levels of service, but also efficiency in our processes. To achieve this, the department must train the staff, and provide the necessary tools to reach this goal. Page 2 of 2 Modifications to the ordinance proposed on March 25, 2008 are reflected in this reading. A change in the Commercial Construction Building Permits was required in order to maintain a true 35% increase and an increase of the minimum fee from $28.00 to $75.00, agreed upon with the Development Services Advisory Group (Exhibit B) The changes required within the fee structure are: • Increasing the valuation threshold of the first tier from so >>= $2,000 to $0 >= $8,000 with a permit value of $75.00; • Increasing the valuation threshold of the second tier from $2,000 >= $20,000 to >$8,000 <= $20,000 with a modified permit value of $378O + $6.075 per $1,000 valuation over $2,000. • Modifying the permit value of the fourth tier from $503.55 + $t95 per $1 ,000 valuation over $110,000 to $503.55 + $2O25 per $1,000 valuation over $11O,000. Modifications were also made to clarify the flow of Table Inset: MISCELLANEOUS CONTRUCTION U TION FEES by adding a subtitle of Miscellaneous Fees. In addition, the effective date has also been changed from "upon adoption" to "upon publication ". If the revised ordinance is approved by Council, it will be published in the Legal Notices section of the Caller -Times on Monday, April 14, 2008, which will also serve as the effective date. EXHIBIT A Page 1 of City of Corpus Christi Development Services Department Beginning Fund Balance Revenues Revenues from fees Revenues from transfers/other Expenditure Special Services Administration Process Management Planning & Zoning Building Inspections Other Revenues less Expenditures Ending Fund Balance $ 914,345 Etpcl_get 5,331,189 3,1 50,028 2,181,161 35% PROPOSED INCREASE Non-Commercial Building Permit Revenue Commercial Building Permit Revenue Value of Increase in Minimum Fee from $28 to $75 (Apr - Jul '08) Ending Fund Balance 5,804,549 500,704 1,150,131 694,720 1,224,226 1,517,864 617,405 (473,360) 440,985 Estimated (supplemental temps) Notes 5,281,734 3,1 06,469 2,175,2 5,804,750 499,839 1 ,166,776 653,301 1,169,271 1 ,698,158 617,405 (523,015) 391,330 Value Apr - Jul '08 152, 394.41 2,60.71 21 ,066.67 1,053,851.70 Value of Multiple Plan Review Fee is not incorporated since it would be hard to estimate. 2 3 4 a 6 7 EXHIBIT A Page 2 of Notes 1 Revenues include the collection of fees that had not been collected previously. The revenues from transfers/other are non- operating revenues that include trader from the general fund, from interdepartmental services, revenue from miscellaneous, and from interest on investments. 2. Special Services does not have any vacancies, but reductions in their budget include computer equipment, professional services, and in printing and advertising. 3. The Administration division does not have any vacancies and has increased expenditures in salaries. 4. The Process Management division has a Senior Project Manager vacancy. 5. The Planning division has the Senior City Planner, the Functional Analyst, and the Land Use Data Clerk positions vacant. 6. The Building Inspection division has a Senior Building Inspector, two Building Inspector, an Electrical Inspector positions vacant and has increased expenditures in salaries due to staffing two Building Official positions. 7. Other expenditures are for transfers to other departments. 8. ,Non-commercial building permits are residential (all disciplines), communication towers, mobile home, moving survey, and other miscellaneous permits. Commercial Construction Building Permits Exhibit B Current Fees 5 ommerc a . u + rig valuation $0 >it $2,000 $ Commerciai building valuation $2,000 $20,000 $ $ $ $ $ $28.00+ $4.50 per $1,000 $ valuation over $2,000 $ Commercial building valuation $20,000 >= 1 10,000 $109.00+ 53.00 per $1,000 valuation over 520.000 0-2000 $ 28.00 $ 37.80 3,000.00 32.50 43.88 8,000.00 $ 55.00 $ 74.25 9,000.00 $ 59.50 $ 50.33 10,000.00 $ 64.00 $ 86.40 11,000.00 $ 68.50 $ 92.48 12,000.00 $ 73.00 $ 98.55 13,000.00 77.50 110.70 1 04.63 14,000.00 82.00 $ 15, 000.00 $ 86.50 $ 116.78 16,000.00 $ 91.00 $ 122.85 20000.00 $109.00 $ 147.15 $ 21,000.00 22,000.00 $ 24,000.00 $ 26,000.00 $ 28,000.00 $ 30,000.00 90,000.00 $ 91,000.00 5 94,000,00 $ 97,000.00 $ 99,000.00 $100,000.00 $101,000.00 $'1000.00 Commercial building $111,000.00 valuation $110,000 $1'12.000.00 5113,000.00 $373.00+ $1.50 per $114,000.00 $1,000 5115,000.00 valuation over $110,000 $120 000.00 5112.00 $115.00 $121.00 $127.00 $133.00 $139.00 $ 319.00 $322.00 5331.00 $340.00 $346.00 /y,y $ 34 9.00 $ 352.00 5379.00 $ 37440 $ 376.00 $377.50 $379.00 5380.50 $388.00 $ 151.20 $ 165.25 $ 163.35 $ 171.45 $ 179.55 $ 187.65 $ 430.65 $ 434.70 $ 446.85 $ 459.00 $ 467.10 $ 471.15 $ 47520 $ 511.65 505.58 $ 507.60 $ 509.63 $ 511.65 $ 513.68 $ 523.80 orr rnerc a . u ng valuation $0 >= 52000 Commercial building valuation $2,000 > 520,000 $75.00+ $6.08 per $1,000 valuation over $2,000 Commercial building valuation $20,000 $110,000 5147.15+ $4.05 per $1 ,000 valuation over $20,000 0 -2000 $ 75.00 . ir: $ 3,000.00 $ 8.000.00 $ 111.48 $ 9,000.00 117.56 $ 10,000.00 $ 123.64 $ 11,000.00 $ 129.72 12,000.00 $ 135.80 $ 13,000.00 $ 141.88 14,000.00 $ 147.96 $ 15,000.00 154.04 $ 18,000.00 $ 160.12 $ 20,000.00 184.44 $ 21,000.00 151.20 $ 22,000.00 $ 155.25 $ 24,000.00 $ 183.35 $ 28,000.00 $ 171.45 $ 28,000.00 $ 179.55 $ 30,000.00 187.65 90,000.00 $ 430.65 $ 91,000.00 $ 434.70 $ 94,000.00 $ 446.85 459.00 487.10 471.15 475.20 $ 97,000.00 $ $ 99,000.00 $ $ 100,000.00 $ 101,000.00 $ 110 000A6.0 $ 511.85 CommCommercial building $ "111,000.00 505.50 valuation $1'10,000 $ 112,000.00 507'.45 $ 113,000.00 $ 509.40 5503.55+ $1.95 per 5 114,000.00 $ 511.35 $1,000 $ 115,000.00 $ 513.30 valuation over $110,000 120 000.00 $ 523.05 Current Fees eii Perm Corrected Proposed Fees Egon commercial buildinty valuation $0 >= $2,000 $ 0 - 2000 $ 28.00 $ 37.80 - -- - , - Commercial building -' - ... $ 0 - 2000 $ 7500 $ 3,000.00 $ 32.80 $ 43.88 valuation $0 >= $8,000 $ 3,000.00 $ 75.00 onnnerc�a� building $ 8,000.00 $ 55.00 $ 74.25 w /MI $ OOO.OD $ 7'5.00 Commercial building $ 9,000.00 $ 80.33 ' valuation $2,000 >= $ 9,000.00 59.50 $ 80.33 $20,000 $ 10,000.00 $ 64.00 $ 86.40 valuation 8,000 & <= $ 10,000.00 $ 86.40 $ 11,000.00 $ 68.50 $ 92.48 $20.000 $ 11,000.00 $ 92.48 $ 12,00 .00 $ 73.0f0 $ 98.55 $ 12,000.00 $ 98.55 $ 13,00f0- 77.50 .50 $ 104.63 $ 13,000.00 $ 104.63 $ 14,000.00 $ 82.00 $ 110.70 $37.80+ $6.075 per $ 14,000.00 $ 110.70 $28.00+ $4.50 per $1,000 $ 15,000.00 $ 86,80 $ 116.78 $1,000 $ 15,000.00 $ 116,78 • valuation over $2,000 $ 16,000.00 $ 91.00 $ 122.85 valuation over $2,000 $ 16,000.00 $ 122.85 $ 20,000.00 ;y $109.00 $ 147.15 $ 20 000.00 $ 147.15 $ 21,000.00 $112.00 151.20 $ 21,000.00 $ 15120 $ 22.000.00 $115.00 $ 155.25 $ 22,000.00 $ 155.25 Commercial building $ 24,000.00 $121.00 $ 163.35 Commercial building $ 24,000.00 $ 183.35 valuation $20,000 = $ 28,000.00 $127.00 $ 171.45 valuation >$20.000 & ic= $ 26,000.00 $ 171.45 $110,000 $ 28,000.04 $133.00 $ 179.55 $110,000 28,000.00 179.55 $ 30,000.00 $139.00 187.65 $ 30,000.00 187.65 $109.00+ $3.00 per $ 90,000.00 $ 318.00 $ 430.65 $147.15+ $4.05 per $ 90.000.00 $ 430.65 $1,000 valuation over $ 91,000.00 $322.00 $ 434.70 $1,000 valuation over $ 91,000.00 $ 434.70 $20,000 $ 94,000.00 $331.00 $ 446.85 $20,000 $ 94,000.00 $ 446.85 $ 97,000.00 $340.00 $ 459.00 $ 97,000.00 $ 459.00 $ 99,000.00 $346.00 $ 467.10 $ 99,000.00 $ 467.10 $100,000.00 $349.00 $ 471.5 $ 100,000.00 $ 471.15 $101,000.00 $352.00 $ 475.20 $ 101,000.00 $ 47520 - $11(x 000.00 $_379.00 $ 511.85 $ 110 000.00 $ 511.65 Coma ial bultdin $111.000.00 $374.50 $ 505.58 Commer el Midi $ 111,000.00 $ 505.58 v luatlo $11O,404 $11 ,000.0D $ 376.00 $ 507.80 valuation x$114 044 $ 112,000.00 $ 507.60 $113,000.00 $377.50 $ 509.63 $ 118,0000.00 $ 509.63 $373.00+ $1.60 per $114,00.00 $379.00 $ 51.85 ' 3.65+ $2.025 per $ 114,000.00 $ 511.65 $1,000 $116,000.00 $380.50 $ 513.68 $1,000 $ 115,000.00 $ 513.88 valuation over $'110 #000 $120 000.O0 $ 896.00 $ 60.80 - - valuation over $110,000 $ 120,000,00 $ 523.80 AN ORDINANCE AMENDING CHAPTER 14 "DEVELOPMENT SERVICES," ARTICLE XIII "DEVELOPMENT SERVICE FEES" DIVISION 1 "TECHNICAL CONSTRUCTION CODE FEES," SECTION 14 -1302 "STANDARDIZED BUILDING VALUATION," SECTION 14 -1304 "PROCESSING AND PLAN REVIEW FEE," SECTION 14 -1306 "SPECIAL FEES," SECTION 14 -1308 "REFUNDS," SECTION 14 -1311 "CONTRACTOR REGISTRATION FEES," SECTION 14-1312 "ACCOUNTING," AND SECTION 14 -1313 "TECHNICAL CONSTRUCTION CODE FEE SCHEDULES" OF THE CODE of ORDINANCES, CITY OF CORPUS CHRISTI, TO PROVIDE FOR STANDARDIZED DARDIZED UILDING VALUATION, THE TIME FOR PAYMENT OF THE NONREFUNDABLE LE PROCESSING AND PLAN REVIEW FEE, FEES FOR DUPLICATE CERTIFICATE OF OCCUPANCY AND MULTIPLE PLAN REVIEW FEES, REFUNDING FEES, LAWN IRRIGATOR AND BACKFLOW PREVENTION ASSEMBLY TESTER REGISTRATION FEE, AND ACCOUNTING NTING of THE FEE REVENUES AND EXPENDITURES; AND REPEALING CHAPTER 14 "DEVELOPMENT ENT SERVICES," ARTICLE XIII "DEVELOPMENT SERVICE FEES" DIVISION 1 "TECHNICAL CONSTRUCTION CODE FEES," SECTION 14 -1309 "FEES ROUNDED OFF" of THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO DELETE THE PROVISION FOR ROUNDING of PERMIT FEES; PROVIDING FOR FEES FOR EXISTING APPLICATIONS MADE PRIOR TO THE EFFECTIVE DATE; PROVIDING FOR SEVERANCE; PROVIDING NG A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 14 "Development Services," Article XIII "Development Services Fees," Division 1 "Technical Construction Code Fees," Section 14 -1302 "Standardized building valuation" of the Code of Ordinances is amended to read as follows by deletion of the words stricken and inclusion of the underlined words: Sec. 14- 1302. Standardized b it in valuation. "(a) The standardized building valuation system to e used to compute construction permit fees will consider the total value of all construction wort, including plumbing, electrical, paving, parking, driveway approach} energy conservation, fuel gas, mechanical equipment, and other systems, including appurtenances and site improvements, 'materials, labor, contractor's profit anij overhead. (1) The valuation of building, alteration, or structure used in computing building permit fees will be based on, and at least equivalent to, the latest standardized building valuation data as published by the Southern H :LegDirrASharedI wsl genda\20081o3 -2 IDev Iop ent Services fee increase 080313 Z: Page 2 of 16 International Code council Building Safely Journal as adjusted the Ia�test re zonal construction cost ad'ustment factors •ublished annual! b En•ineerin NewsRecosd. The Building Official may alternatively accept a, comparable valuation submitted b the a licant. The a• • licant's valuation shall be 1 • verified against t Elimination of Architectural Barriers Report, if one is required, r _i a higher of the t valuations shall be used. In the event the EAR Elimination of Architectural Barriers Re •ort valuation is not available prior to issuance of the permit* the EAB Elimination of Architectural Barriers Re • ort valuation shall be confirmed • rior to conducting the final ins ection. if additional permit s are required, the final inspection shall not a ass until all feesarepaid._If no Eistlit Elimination of Architectural Barriers Report is available, the Euil it Official ma refer to the latest standardized buildin • valuation data as published by the international code Council ur l i f Journal, as ad'usted b the latest re . ional construction cost ad'ustrent factors published annypily by En inee rin Nevs. Record. (24 eempaFable-Fnethed The applicant for a construction permit may appeal any determination of the building official to the building code board of appeals. (31 (4) Standardized building valuations required pursuant to Para :rapt ill will be used as the basis for partial permitting of a project, the such as for the foundation, shell, and interior finish phases. L11. (5) Standardized building valuations eeuired_jursuant to p raira for pre - engineered metal building warehouses must be peF-cent-ef-eurFent schedule values derived pursuant to paragraph 1 1. LO (64 Standardized building valuations required pursuant to paragraph will be derived from the latest data published by international Code Council Building Safety Journal and Engineering News Record. L) fl-) Any rovicions to the The standardized building valuations referred to in paragraph 1 , are adopted by reference and declared to be a part of this section. fij (84 If, in the opinion of the Building Official, or the Building Official's authorized representative, the valuation of a commercial building, alteration, structure, electrical, energy conservation, fuel gas, mechanical, or plumbing systems appears to be underestimated on the application, the permit may be denied, unless the applicant can show detailed estimates or appraisals that meet the approval of the building official. Alternativ e. the Building Official may set the permit valuation pursuant to the standardized buildin • valuation data ado • ted in • ara • ra . h 1 and issue ten-nit with a fee based on that valuation. Permit valuations must be based upon total construction cost, the such as electrical, energy conservation, fuel gas, mechanical, plumbing equipment and other H:Le Dirr haredIgwsla enda\2OO \ 3 -2 IDeveioprnent Services fee increase 080313 Page 3 of 1 systems, including materials and labor, site improvements, contractor's profit and overhead. When determining the value that is applied to the fee schedule, values are rounded up to the next higher one thousand dollar - valuation category." SECTION 2. Chapter 14 "Development Services," Article XIII "Development Services Fees," Division 1 "Technical Construction Code Fees," Section 14 -1304 "Processing and plan review fee" of the Code of Ordinances is amended to read as follows by deletion of the words stricken and inclusion of the underlined words: Sec. 14-1304. Processing and plan review fee. "(b) The fees must be paid at the time appijcation is filed for each application processed and reviewed for the purposes of obtaining a permit as required by the technical construction codes, including: (1) New construction (both commercial and residential). (2) Additions. (3) New interior commercial tenant spaces. (4) Major change in use. (5) Detached accessory buildings greater than or equal to four hundred (400) square feet in area. General residential construction and repairs, including accessory construction, repairs such as installation of siding/re-siding, fuel tanks, signs, swimming pools, spas, interior and exterior remodeling. (7) Rehabilitation of moved buildings (general repairs). The fee for the rehabilitation of moved buildings or structures is the same as for new construction, plus the survey fee. o_W - PIanr.!ew fee is non - refundable." SECTION 3. Chapter 14 "Development Services," Article XIII `Development Services Fees," Division 1 "Technical Construction Code Fees," Section 14 -130 "Special fees" of the Code of Ordinances is amended to read as follows by deletion of the words stricken and inclusion of the underlined words: Sec. 14 -1306. Special fees. "(1) Duplicate certificate of occupancy . In the event that a certificate of occupancy is lost or destroyed, a duplicate certificate of occupancy may be N :LegDi r\Shar dlgw \a nda12O 1 - 1Devetopment Services fee increase 080313 Page 4 of 16 issued provided that a fee is paid in accordance -with the ermit fee schedule. rr uIti ,.. a a ie r fee. _After the second plan review of -corrections submitted in res • onse to • fan review comments an escalatin • fee will be assessed for each subsea uent submission u • to the total amount of the • lan review fee. Partial res•onses shall be treated as additional res•orises foliowin the first artial r es Applicant may appeal the fee -t _ he Buildin Assistant Ci Mana • er for Devel • ment Services to review and determine if Official or comments to a 0$ licant were le ible accurate and reasonabl understandable. If the Buildin Official or Assistant Ci Mana • er for Develo • ment Services determines the comments to be faui no fee will be assessed." SECTION 4. Chapter 14 "Development Services," Article XIII "Development Services Fees," Division 1 "Technical Construction Code Fees," Section 14-1308 refunds" of the Code of Ordinances is amended to read as follows by deletion of the words stricken and inclusion of the underlined words: Sec. 41308. Refunds. "(a) Cance/ed permit. A permit may be canceled upon written application by the applicant at any time within Iwo (2) months of the date of the issuance of a building permit or within two (2) months of the date of issuance of any electrical, mechanical, or plumbing permit. If no work has been done under such permit, the permit fee may be refunded when formally requested in writing by the applicant, provided that the city must retain a cancellation fee to cover the cost of auditing the fee and preparing the request for refund. Ina In all other instances regarding any fees for which a refund is requested due to contract default, lease cancellation, or other similar circumstances, the city must retain the minimum permit fee to cover the cost of auditing the fees and preparing the request for refund. Plan review fees are non - refundable. b Multi. le Plan review fee a • • eat. A refund ma be re • uested u • on written a 4. lication b the a .. licant after an a •1 eal has been made to the Buildin Official or Assistant City M nacter for Development Services and apprpved approved by either one." SECTION S. Chapter 14 "Development Services," Article XIII "Development Services Fees," Division 1 "Technical Construction Code Fees," Section 14-1311 "Contractor registration fees" of the code of Ordinances is amended to read as follows by deletion of the words stricken and inclusion of the underlined words: Sec. 14 -1311. Contractor registration fees. "An electrical, mechanical, plumbing contractor and _ Iawn irrigator or backflow prevention assembly tester must pay an annual registration fee H:LegDirrrSharedigwsla enda22 O81 - 1Development Services fee increase 080313 Page 5 of 16 of to maintain a current file-for status as a liGeRsed registered contractor. Individual who holds multiple registrations must pay separate fee for each registration." SECTION . Chapter 14 "Development Services," Article XI II "Development Services Fees," Division 1 "Technical Construction Code Fees," Section 14 -1312 "Accounting" of the Code of Ordinances is amended to read as follows by deletion of the words stricken and inclusion of the underlined words: Sec. 14-1312. Accounting. "(a) The building official must keep a permanent and accounting of all permit fees and other monies collected, the names of all persons upon whose account the fees were paid, along with the date paid and amount of the fees. ILO A periodic financial audit of fee revenues am expenditures shall be conducted. The audit shall occur not less than once every three years, but nnuaIl in the 2008-2009 and 2009-2010 Fiscal Years. The audit shall include a report of fees that are authorized to be collected, the amount of each authorized fee that was actually collected and the amount of fees that should have been collected. The audit shall also . rovid e a detailed accountin of the us of the fees. The audit shall make any recommendations for improvements or corrections. The audit shall include a report on the amount of fees that need to _be collected in order to make the Development Services_Special Fund independent of subsidies from the General Revenue Fun! SECTION 7. Chapter 14 "Development Services," Article XIII "Development Services Fees," Division 1 "Technical Construction Code Fees," Section 14 -1313 "Technical construction codes fee schedules," of the Code of Ordinances is amended to read as follows by deletion of the words stricken and inclusion of the underlined words: Sec. 14-1313. Technical construction codes fee schedules. The following fee schedules apply to activities under article!! of this chapter: TABLE INSET: PLAN REVIEW IEW AM UNT OF FEE FEES Residential Greater of: plan review $j925 or 044 $0.024 per square foot Greater of: Commercial $ .o or 24 37% of building permit fee for first plan review $2,000,000 of valuation+ 48% 25% of building permit fee for next $1 ,000,000 of valuation+ -1-3% 18% of building permit fee for any H:LegDirr‘Sharedigws‘agenclak2008‘03-251Development Services fee Increase 080313 Page 6 of 16 TABLE INSET: BUILDING PERMIT FEES valuation over $3,000,000 . �lifulltl!e pl�1 1 of on r al plan review fee for Third review submittal. 30% of on•inal •Ian review fee for Fourth review submittal. 45% ofon•inal e Ian review fee for Fifth review submittal* 60% of ode inal elan revi ee for Si th revie submittal, 75 to of riginarl Ilan review review fee for Sev ntl _revie w submittal-. 0 of ode final • Ian review fee valuation over $2,000 for Ei• hth review submittal* 100% of orl•inai I Ian review fee for Ninth and above review submittals. $405 per TABLE INSET: BUILDING PERMIT FEES AMOUNT OF FEE Co mmercial construction building permits Commercial building valuation $0 >= $2,000 $75.00 - - ------------- - - - - -- - -- -- -- - - -- - Commercial building valuation $2,000 >= $20,000 , $2ik00*-$44G $.+ $6.08 per $1,000 valuation over $2,000 Commercial building valuation $20,000 >= $110,000 $409:00+4400,00 $147.15t $405 per $1,000 valuation over $20,000 - - - -- - - - --- - - - - -- -- - - - - -- - -- - -- Commercial building valuation $110,000 >= ' - - $5Q3.55+ $.1.95 per $1,000 valuation over $110,000 sign $108.00 Residential construction building permits New one and two-family dwellings, apartments, townhouses, and condominiums $C6-1-2 $22.16 per square foot of building area Accessory residential construction for structures < 300 square feet $28700 E5.99 Accessory residential construction for structures >= 300 square feet $0.'16 per square feet General residential construction and repairs Residential roofing/re-roofing 800 square feet of area $28.00 $75.00 300 square feet of area $043 $0.041 per square ! feet HiegDirr\Sharedigws\agendak2008‘03-251Development Services fee increase 080313 Page 7 of 1 TABLE INSET: FEES FOR MOVING STRUCTURES AMOUNT OF FEE Douse moving permit $467.00 Traffic engineering moving route sheet $61.00 Relocation survey $110.25 Survey fee $35.00 per discipline Mobile home /HUD -code manufactured tured lousing installation permit 4,106.50 TABLE INSET: MISCELLANEOUS CONSTRUCTION FEES AMOUNT OF FEE Certificate of occupancy for change of use of existing building or structure $206 .o Duplicate certificate of occupancy $0. 0 per page Temporary events Temporary event permit w/o food service $48,00 164.80 Temporary event permit wi food service $148,0421 $199.80 Construction site offices $34,00 $45.90 Der olition permit Greater of: $30,00 $75.00 or $0.01 $0.021 per square foot Accessibility plan review for commer gal projects $5 y'! ,000 $75,00 $101 .25 Accessibility - MAO tyytzE omp er ial building site plan revie r $816.75+ $13,50 ■ -cr Windstorm engineering plan review, inspection, & certification $300.0 per premises Failure to obtain permit � - wow► - - Work commenced oe but not finished Greater Y 2X fees or investigative fee FilegDinASharedigwMagenda\2008\03-251Development Services fee increase 080313 Page 8 of 16 Work completed Greater of 2X fees or investigative fee Investigative fee $2,50,00 $337.50 Re-inspection fee X75,00 Appliances (trash compactors, dishwasher, disposer, garbage disposal, a c. ) Permit research $15.00 per hour Inspections outside City, but within Ertl Inspection fee 4445700-* $4,36 plus $7&QQjll. 3 per mile inspections outside city and ETV Inspection f plus $1.83 per mile+ $45 $75.00 for each 200 miles Permit extension Greater of: .00 or _ $75M0 or 33.75 of permit fee i ■ Renewal of a prred pert Greater of I ■r,r���� $75.00 or 33. % of permit fee + permit extension fee Request for refund on canceled permit if no work done bar $2844_ $37.80 '�� I■■'■■�■�I Reduced fee for public schools, Federal, State, county, municipal governments and other political subdivisions with ad valorem tax status Greater of: . - -- ; 50% of regular permit fee or minimum fee Technology fee 2.5% X building permit fees Minimum fee $75.00 TABLE INSET: ELECTRICAL PERMIT FEES AMOUNT OF FEE Electrical permit fees, except for new residential construction: Air conditioner WOG $6.75 Appliances (trash compactors, dishwasher, disposer, garbage disposal, a c. ) 5 F V . # . $6.75 Circuits (including extensions and repairs) [The term "circuits" herein means each main feeder, su -main or rancr circuit, for WOG H:LegDirr Spar lg \a nda1 O0 10 -2 1D I men Services fee increase 080313 Services over 400 amperes Page 9 of 1 electrical services; and each fused or other type of automatic cutout protected wire of a final branch multi -wire circuit. Each such circuit shall be charged for and considered as a separate circuit within the terms of this section.] Construction loop WOG $6Z Equipment - moving picture projector, X -ray machine or elevator Fixtures, residential or commercial building $22.25 $30.04 $0745 10.61 Heating equipment (electric) -- furnaces, heaters, commercial cooking units, and hot water heaters -- per 5 kw or fraction $6.75 thereof Heating equipment (gas) -- furnaces, heaters, commercial cooking units, and hot water heaters Hot tub, spa Motors (each individual motor) $5.00 $s.75 $5700 $6. M. rasa S13.50 Services up to 100 amperes $13. services 101 to 200 amperes $14.50 $19.58 Services 201 to 400 amperes 30.94 Services each additional meter $44.25 X59.74 $&00 $6.71 Service pane! (change out) $5.00 $.J5 Signs, per transformer $570e $s.75 Swimming pool 52.65 Genera/ repairs, additional fee for work not included in any of the $28700- E5.00 above New r e s i d e n is l construction Electrical permit for new residential construction Electrical permit for accessory residential construction Re-out inspection k. 6 5 per square foot of building area $04,5 $O.0675 per square foot of building area $21K00- $Th.QQ H:LegDirr\Sharedigwslagenda1 2008103 - 1De reloprr en Services fee increase 080313 Page 10 of 16 Replacement license WOO $10.80 Commercial energy conservation plan review & inspection Technology fee 2.5% x electrical permit fees Minimum fee $75.00 Each additional meter loop TABLE INSET: ENERGY CONSERVATION FEES ; AMOUNT OF FEE Commercial energy conservation plan review & inspection $0706 $0.0675 per square . feet TABLE INSET: FUEL GAS FEES AMOUNT OF FEE Each gas service, + first meter loop, meter er $6,0 6.75 Each additional meter loop WOO $6.7_q Each gas line - new distribution $675 Each gas line - new service N.75 Each gas line - replace distribution $6.75 Each gas line - replace service $6.75, Each gas opening $6.75 Each gas clothes dryer $6,40 $6.75 Each gas fireplace igniter /log set WOG $ i7 Each gas floor heater unit $5700 $6.75 Each gas furnace $5,00 $6.75 Each gas heater WOO $6.75 Each gas hot water heater $5.00 $6.7 Each gas pool heater WOG $6.75 Each gas wall furnace unit $6:00 $6.75 Ne w residential construction Gas permit for new residential construction $0705 $0.0675 per square foot of building area Gas permit for accessory residential $0. $0.0675 per square foot of F :Le DirrrSharedIgw \agenda\2OO \o - ID velopm nt Services fee increase 060313 construction Minimu n fee TABLE INSET: MECHANICAL FEES Page 11 of 16 1 building area $28.00 - $75.012 AMOUNT OF FEE Mechanical permit fees, except for new residential construction: Installation of non - existing heating, ventilating, duct, air condition, and refrigeration systems $28410-+-$3700 $75.00+ $4.O5 per $'1,000 in valuation Additions to existing heating, ventilating, duct, air condition, and refrigeration systems $28,00-+-$3.00 $75.00± $4.05 per $1 ,000 in valuation Additional boiler 33,000 BTU (1 BHP) >=330,000 BTU BHP >330,000 BTU (10 BHP) New residential construction $30;crn $40.50 $6i100 $90.45 Mechanical permit for new residential construction(areas that do not contain any heating, ventilation, duct, air conditioning, or refrigeration systems are excluded) Mechanical permit for accessory residential construction $0705 $O.0675 per square foot of building area $970.6 $00675 per square foot of building area Temporary operation inspection Technology fee Minimum fee $37-700 X75.00_ 2.5% mechanical permit fees $28.00 X5.00 TABLE INSET: PLUMBING CODE FEES Plumbing permit fees, except for new residential construction: Each water service Each water distribution - new (inside) AMOUNT OF FEE wee $s.7q H:L gDirrl haredpg rslag ndal2008\03 ID v I prnent Services fee increase 080313 Page 12 of 16 Each water distribution - replace (inside) $5OO $6.75 Each water service - new (outside) $5.00 $6.75 Each water service - replace (outside) WOG $6.75 Each back flow preventer WOO $6.75 Each pluming fixture ` ... a $6.75, Each lavatory i6.75 Each shower -- -- WOO $6.75 -- ---- - - - - - - - - - -- Each sink K.75 Each slop sink $6.00 $6.75 Each spa $500 $6.75 Each tub, bath th5A20 $0.75 Each urinal $50O $6.75 Each water closet $6.75 Each piece of equipment attached to the water service i Each boiler $5700 i Hot water boiler $6:00 $6.M Stearn boiler $5700 F Each cooling tower $2025 Each dishwasher $6:01111M11111111111111 WOO $675 Each drinking fountain Each hot water heater $5'.-0p $6.75 Electric hot ■ ■ a er- heater $5100 $6.75 Gas hot water heater WOG $6.75 `ach Irr rr ercep or $32.40 Each pool heater $6.75 Each pump WOO $6.75 Each self-contained, heating $6.75 Each sink-garbage disposal unit $5.00 $6. 5 Each washing machine $5,00 $6.75 H :LegDirrlSharedIgwsla nda12 8\ 3- 51Develapment Services fee increase 080313 Each water -fed ice making machine Each water softener Each whirlpool Lawn sprinkler and irrigation systems, per 1, square feet of lot services Each drain or connection to sanitary y or storm sewer systems Each building sewer (lateral) Each building serer extension to other buildings Page 13 of 16 $:490 10.75. Wee wee $615 $1-�OO $25 S-4-5,00 $W.?5 Each building dray $&.00 $6.75 Each catch basin Each connection to storm sewer Each floor drain Each grease interceptor Each lift station Each manhole Each roof drain Each sand trap Tunnel jobs fee, per building First tunnel Each additional tunnel New residential construction WOG $6.1E $23:5A 31.73 age $6.IE $2.3:50 X31.73 I2O 1,1 6.2Q $AAA 6.75 $23.5Q $37.73 $40T00 X13.50 $23-a9 31.73 $625 89.44 Plumbing permit for new residential construction Plumbing permit for accesso ry residential construction Technology fee Back -f/ot r ven ion ale vice test it n fee Minimum fee TABLE INSET: 0:06 0.0615 per square foot of building area $0706 112,0_675 per square foot of building area 2.5 x plumbing permit fees 15.00 $28.A0- 75.00 H :LegDirrl h r digwslagend 12008103 -2 1Develepment Services fee increase 080313 LICENSE FEES Page 14 of 16 Classification Examination Fee License Fee House mover Master electrician Master electrician-sign Master electrician- elevator None $133.00 $75.00 $135.00 $75.00 $135.00 MINIM $135.00 Journeyman electrician Maintenance electrician $75.00 X30.00 $35.00 $30.00 Limited journeyman electrician $75.00 $30.00 Apprentice None Certified electrical maintenance person $30.00 TABLE INSET: $25.00 None CONTRACTOR REGISTRATION FEES Mechanical c o n t ra cto r Plumber Lawn irtr Eaokfl yr prevention assembly tester AMOUNT $67.00 135.00 $135.00 $135.00 '13.0 TABLE INSET: Technical Construction Appeal & Advisory Boards Fees Amount Requests for interpretation, technical ruling, modification of code, concurrence for use of an alternative material or method, and appeal from decision of Building Official to technical construction appeals and advisory boards $265.00 SECTION 8. Chapter 14 "Development Services," Article XIII "Development Services Fees," Division I "Technical Construction Code Fees," Section 14 -1309 `Fees rounded off' of the Code of Ordinances is repealed by deletion of the words stricken and reserved for future use: Sec. 14- 1309. Fees rounded off. illegDirr\Sharedigwslagenda 12008\ 3- (Development Services fee increase 080313 1 PO Page 15 of 16 SECTION 9. Any application in process that was filed prior to the effective date of this ordinance shall be processed in accordance with the fee schedule, payment process, and related provisions that were in effect on the date said application was made. SECTION 10. Ifforany reason any section, paragraph, subdivision, clause f hrase 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 11. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 12. This ordinance shall become effective upon adoption. p p H :LegDirrl har dI wsla nda1 o81O - 1D v Iopm nt Services fee increase 080313 Page 16 of 1 That the fore • • 'ng ordinanc was r ; - d for the first time and passed to its second reading on this the '. ay of Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly , 2008, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez AL__Michael McCutchon ,ALiA That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike H mmell Michael M C t hon Bill Kelly APPROVED E 1 D PASSED on this day of , 2008. ATTEST: Armando Chapa, City Secretary Henry Garrett, Mayor APPROVED: E : hear h 18, 2008 .' i ± . i Jig A-) G � r Smith Assistant City Attorney For City Attorney H:LegDirrl haredi w 'agenda\ 0 1 3- 1De elopm nt Services fee increase 080313 P-2z ce.44 Page 1 of 1 AN ORDINANCE AMENDING CHAPTER 14 "DEVELOPMENT SERVICES," ARTICLE XIII "DEVELOPMENT SERVICE FEES" DIVISION 1 "TECHNICAL CONSTRUCTION CODE FEES," SECTION 14-1302 "STANDARDIZED BUILDING VALUATION," SECTION 14-1304 "PROCESSING AND PLAN REVIEW FEE," 14-1306 "SPECIAL FEES," SECTION 141308 "REFUNDS," SECTION 141319 "CONTRACTOR REGISTRATION FEES," SECTION 14-1312 "ACCOUNTING," AND SECTION 14-1313 "TECHNICAL CONSTRUCTION CODE FEE SCHEDULES" OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO PROVIDE FOR STANDARDIZED BUILDING VALUATION, THE TIME FOR PAYMENT OF THE NONREFUNDABLE PROCESSING AND PLAN REVIEW FEE, FEES FOR DUPLICATE CERTIFICATE OF OCCUPANCY AND MULTIPLE PLAN REVIEW FEES, REFUNDING FEES, LAWN IRRIGATOR AND BACKFLOW PREVENTION ASSEMBLY TESTER REGISTRATION FEE, AND ACCOUNTING OF THE FEE REVENUES AND EXPENDITURES; AND REPEALING CHAPTER 14 "DEVELOPMENT SERVICES," ARTICLE XIII "DEVELOPMENT SERVICE FEES" DIVISION I "TECHNICAL CONSTRUCTION CODE FEES," SECTION 14 -9309 "FEES ROUNDED OFF" OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO DELETE THE PROVISION FOR ROUNDING OF PERMIT FEES; PROVIDING FOR FEES FOR EXISTING APPLICATIONS MADE PRIOR TO THE EFFECTIVE DATE; PROVIDING FOR SEVERANCE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 14 "Development Services," Article XIII "Development Services Fees Division 'l "Technical Construction Code Fees," Section 14-1302 "Standardized building valuation" of the Code of Ordinances is amended to read as follows by deletion of the words stricken and inclusion of the underlined words: Sec. 14-1302. Standardized building valuation. "(a) The standardized building valuation system to be used to compute construction permit fees will consider the total value of all construction work, including plumbing, electrical, ming, parkin_ dr- ve a roach energy conservation, fuel gays, mechanical equipment, and other systems, including appurtenances and site improvements, at rials or profit and overhead. (1) The valuation of building, alteration, or structure used in computing building permit fees will be based on, and at least equivalent to, the latest standardized building valuation data as published by the Southern Page 2 of 16 International Code Council BuiiIdr SafetytoujjaI. as adjusted the latest regional construction cost adjustment factors • ublish annual! b En • ineerin • News Record. The B it in• Official ma alternative) acre •t a corn •arable valuation submitted b the a •licant. The a • licant's valuation shall be verified a ! ainst the EAR Elimination of Architectural Bafflers Re •ort if one is re • uired and the hi her of the two valuations shall be used. In the event the EAB Elimination of Architectural Bafflers Re • rt valuation is not available prior to issuance of the •ermit the €AB Elimination Architectural Barriers Re • art valuation shall be confirmed • rior to conductin the final ins ection. If additional emit fees are re.uired the final ins ection shall not be assed until all fees are aid. If no EAR Elimination of Architectural Bafflers Resort is available the Buildin Offi9ial may refer to the latest standardized building valuation data as u lished bathe International Code Co== Buildin • Safe Journal as ad'usted b the latest re • ional construction cost ad'ustment factors published annuals Err in r-1rl News Record. (-2-) LZ (a) The applicant for a construction permit may appeal any determination of the building official to the building code board of appeals. Standardized building valuations rewired pursuant to paragraph Li will be used as the basis for partial permitting of a project, the such as for the foundation, shell, and interior finish phases. sfli (6) standardized building valuations required c urmiont tp._p ! r _pb a) for pre - engineered metal building warehouses must be seventy-RD) peF-Gent-ef-Giziffent eGhedule values derived , ursuant t era ra h (1). a) (6) Standardized building valuations uged pursuant toraoraoh 11) will be � � w derived from the latest data �L r_ published b International Code Council Buildin _Safety Journal and Ern Tenn ie�rs Fecor�d. r� r � � L) f7.) ' . The standardized building valuations referred to in ara r ph 1 are adopted by reference and declared to be a part of this section. El (83 If, in the opinion of the Building Official, or the Building Official's authorized representative, the valuation of a commercial building, alteration, structure, electrical, energy conservation, fuel gas, mechanical, or plumbing systems appears to be underestimated on the application, the permit may be denied, unless the applicant can show detailed estimates or appraisals that meet the approval of the building official. Alternatively, the Buildin Official ma set the ermit valuation •ursuant to the and issue • standardized buildin • • valuation data ado ted in • a ra • ra I h the ermit with a fee based on that valuation. Permit valuations must be based upon total construction cost, the such as electrical, energy Page 3 of 16 conservation, fuel gas, mechanical, plumbing equipment and other systems, including materials and labor, site improvements, contractor's profit and overhead. (b) When determining the value that is applied to the � fee schedule, values are rounded up to the next higher one thousand dollar - valuation category." SECTION 2. Chapter 14 "Development Services,' Article XIII "Development Services Fees," Division "Technical Construction Code Fees," Section 14-1304 "Processin and plan review fee" of the Code of ordinances is amended to read as follows by deletion of inclusion words stricken and nclusion of the underlined words: Sec. 14 -1304. Processing and plan review fee. "(b) The fees must be paid at the time application is filed for each application processed and reviewed for the purposes of obtaining a permit as required by the technical construction codes, including: New construction (both commercial and residential). (2) Additions. (3) New interior commercial tenant spaces. Major change in use. (5) Detached accessory buildings greater than or equal to four hundred (400) square feet in area. (6) General residential construction and repairs, including accessory construction, repairs such as installation of siding/re-siding, fuel tanks, signs, swimming pools, spas, interior and exterior remodeling. Rehabilitation of moved buildings (general repairs). The fee for the rehabilitation of moved buildings or structures is the same as for new construction, plus the survey fee. d Plan review fee is non- refundable" SECTION 3. Chapter 14 "Development Services," Article XIII 'Development services � iConstruction lees, Dvision ii Technical Code Fees," Section 14-1306 "Special fees" of the Code of Ordinances is amended to read as follows by deletion of the words stricken and inclusion of the underlined words: Sec. 14-1306. Special fees. "(I) Duplicate certificate of cc pa cy , in the event that a certificate of Page 4 of 1 occupancy is lost or destryed, a duplicate certificate of occupancy may be issued provided that a fee _ is a'rd in accordance with the r nit fees . n Mull . e Plan Review fee. After the second • Ian review of corrections submitted in res • onse to Ian review comments an escalatin fee will be assessed for each subsequent submission u • to the total amount of the elan review fee. Partial res • oases shall be treated as additional res • onses foilowin • the first • artial response in resubmission. Alicarnt may weal the fee to the Buildin • Official or Assistant City Maniiger for to review and determine if comments to a • • licant were le.ible accurate and reasonabl understandable. If the Buildin Official or Assistant C' Mana • er for Develop ent Services determines the comments to be faulty no fee will be assessed." SECTION 4. Chapter 1 "Development Services," Article VIII "Development Services Fees," Division I "Technical Construction Code Fees," Section 14 -1308 "Refunds" of the Code of Ordinances is amended to read as follows by deletion of the words stricken and inclusion of the underlined words: Sec. 14 -1308. Refunds. "(aLCanceled permit. A permit may be canceled upon written application by the applicant at any time within two (2) months of the date of the issuance of a building permit or within two (2) months of the date of issuance of any electrical, mechanical, or plumbing permit. If no work has been done under such permit, the permit fee may be refunded when formally requested in writing by the applicant, provided that the city must retain a cancellation fee to cover the cost of auditing the fee and preparing the request for refund. Irian In other instances regarding any fees for which a refund is requested due to contract default, lease cancellation, or other similar circumstances, the city must retain the minimum permit fee to cover the cost of auditing the fees and preparing the request for refund. Plan review fees are non-refundable. b Multi i e Plan review fee a eat A refund ma be re nested u • on written • •S • a 0* lication b the a licant after an a or Assistant CI Adana er for Develo • .9 eal has been made to the Buildin ment Services and a $• • Official roved b either one." SECTION 5. Chapter 14 "Development Services," Article XIII "Development Services Fees," Division 'l "Technical Construction Code Fees," Section 14 -1311 "Contractor registration fees" of the Code of ordinances is amended to read as follows by deletion of the words stricken and inclusion of the underlined words: Sec. 14 -1311. contractor registration fees. "An electrical, mechanical, plumbing contractor and a lawn inrrar or backflow Page 5of1 prevention assembly tester must pay an annual registration fee of to 'maintain a current status as a licensed registered istered contractor. Individual who holds multiple registrations must a separate . fee for each registration." 6. Chapter 14 "Development Services," Article XIII "Development Services Fees," Division 'l "Technical construction code Fees," Section 14 "Accounting" 'I�'I� Accounting the Code of ordinances is amended to read as follows deletion of inclusion the words stricken and inclusion of the underlined words: sec. 14-1312. Accounting. "(a) The building official must keep a permanent and accounting of all permit fees and other monies collected, the names of all on ersons whose upon ose account the fees were paid, along with the date paid and amount of the fees. b A eriodic financial audit of fee revenues and ex enditures shall be conducted. The audit shall occur not less than once eve three ears but a nua�l, I r ` the 2008 -2009 and 2009-2010 Fiscal Years. The audit shall include a re • art of fees that are authorized to be collected the amount of each a,� uthor i ed few that as actual! collected, and the amount of fees that should have been collected. The audit shall also rovide a detailed couni n of the uses of the fees. The audit shall rate anv recommendations for im • r reme �.. nts or corrections. The audit shall include a resort on the amount of fees that need to be collected in order to make the Develo •rent Services S •ecial independent and of subsidies from the General Revenue Fund." SECTION 7. Chapter 14 "Development Services," Articl � f � � � XIII "Development Services Fees, Division 1 "Technical Construction Code Fees," Section 14-1313 "Technical cal construction codes fee schedules," of the Code of Ordinances is amend ed read 1 ia d follows by deletion of the words stricken and inclusion of the . underlined �rords. sec. 14- 1313. Technical construction cro codes fee schedules. The following fee schedules apply to activities under article II of . this chapter. TABLE INSET: PLAN REVIEW FEES Residential plan review Commercial plan review AMOUNT OF FEE Greater of: $13.7.5 L19.2§. or . 0.11____124 per square foot Greater of: $41,00 .DO orb of building permit fee for first $2,000,000 of valuation+ 125 % of building ermit fee for next Page 6 of 1 $1,000,000 of valuation+ 4-3% 18% of building permit fee for any valuation over $3,000,000 Multi •le .Ian review fee 15% of on •inal Ian review fee for Third review submittal* 30% of ori.inal Ian review fee for Fourth review submittal. 45% of on• inal plan revie w fee for Fifth revie w submittal* 60% of on Final •lan review fee for Sixthreview submittal; 75 of on. final 'Ian review fee for Seventh ' • ' ' review submittal' 90% of n anal lan review fee for El hth review submittal. 100% of on final Ninth and above review submittals. TABLE INSET: Ian review fee for BUILDING PERMIT FEES Commercial construction building permits Commercial building valuation $0 >= $27000 1_8,000 Commercial building valuation >$8 000 $2;000-> <= $20,000 Commercial building valuation $20,000 $110,000 Commercial building valuation >$110,000 Sign Residential construction building permits New one- and two-family dwellings, apartments, townhouses, and condominiums Accessory residential construction for structures < 300 square feet Accessory residential construction for structures >= 300 square feet General residential construction and repairs Residential roofing /re- roofing 300 square feet of area AMOUNT OF FEE $28.-00 X75.00. $21K00+-$4,50 $37.80+ ,wq per $1,000 valuation over $2,000 $409.00+-$109.O0 $147.15+ $4.05 per $1,000 valuation over $20,000 $373.00*44-50 OQ3.55+ $2.025 per $1,000 valuation over $1 10,000 $108.00 $071-2 $0.16 per square foot of building area $28.00 $75.00 $A42 $0.16 per square feet $28.00 $75.00 =300 square feet of area TABLE INSET: FEES FOR MOVING STRUCTURES House moving permit Traffic engineering moving route sheet Relocation survey Survey fee Page 7 of 10 feet $A:&3 $0.041 per square ■■Yddl. AMOUNT OF FEE $487.00 $61.00 $110.25 $35.00 per discipline Mobile home/HUD-code manufactured housing installation permit TABLE INSET: MISCELLANEOUS CONSTRUCTION FEES $106.50 AMOUNT OF FEE Certificate of occupancy for change of use of existing building or structure Duplicate certificate of occupancy Temporary events Temporary event permit w/o food service Temporary event permit w/ food service Construction site offices Demolition permit Accessibility plan review for commercial projects $50,000 Accessibility inspection & certification $206.00 $47704; $Q.10 per a e WAG $64.80 $444100 X99. $34,00 $45.90 Greater of: $30,12,0175.00 or $0.017 K. 024 per square foot $757A9 X101.25 CommercialbuikJinq site plan review aww- Windstorm engineering plan review, inspection, certification Failure to obtain permit $75.00 $101.2. $816.75+ $13.5o per acre $300.00 per premises Page 8 of 16 Work ork commenced but not finished Greater of 2X fees or investigative fee Electrical permit fees, except for new residential construction. completed Work Greater of 2 fees of investigative fee Miscellaneous Fees WOO $675. Investigative fee $337.50 Re- inspection fee $ 75.00 Permit research $4-740 $15.00 per hour Inspections outside City, but within E711 Inspection fee 4-$45700-4. $1,36 plus $75.00+ $ per mile Inspections outside City and ETJ Inspection fee plus $1.83 per mile+ $46 $75OQ for each 200 miles Permit extension Greater of. ULM-of-25% $5.00 or 3a 75% of perr /t fee Renewal permit Greater of $280O r _ $75.00 or: 33.75% extension fee Request for refund on canceled permit if no work done $211600- $47,fQ Reduced fee for public schools, Federal, State, county, municipal governments and other political subdivisions with ad valorem tax status Greater of 50% of regular permit fee or minimum fee Technology fee 2.5% Xbui/ding permit fees Minimum fee M.120 TABLE INSET: ELECTRICAL PERMIT FEES AMOUNT OF FEE Electrical permit fees, except for new residential construction. Air conditioner WOO $675. r Appliances (trash compactors, dishwasher, disposer, garbage disposal, etc.) Circuits (including extensions and repairs) herein means each main feeder, sub-main or branch circuit, c�rcur, for electrical services; and each fused or other type of automatic cutout protected wire of a final branch multi -wire circuit. . each such circuit shall be charged for and considered as a separate circuit within the terms of this section. Construction loop Equipment - moving picture projector, X-ray sac hi n or elevator Fixtures, residential or commercial building Heating equipment (electric) -- furnaces, heaters, , corrrnrcral 1 cooking units, and hot water heaters — per 5 kw or fraction thereof Heating equipment -- furnaces, heaters, cooking units, and hot water heaters Hot tub, spa Motors (each individual motor) Services up to 100 amperes Services 101 to 200 amperes services 201 to 400 amperes Services over 400 amperes Services each additional meter Service panel (change out) Signs, per transformer Swimming pool Page 9 of 16 WOO $6.71 t4421C1 $222 $22.26 $30.04 $446 $O6i WOG $.7 $5;OO x.75 J $5O9 $6J5 _LS-1-0,00 113.5Q $Q;OO 1_'3.52 $44,51) $19.58 $2Z26 3. . 59.7± ROG $6.7:I.t. $640 0.75. $5OO 6.75 General repairs, additional fee for work not included any of th above New residential construction Electrical permit for new residential construction Electrical permit for accessory residential construction $39OO $52.65 $28700- $75.00 $C605 g«.067j per square foot of building area � $9.05 gi.iL675 Page 1 of 16 TABLE INSET: - - - - - -- - - -- - ENERGY CONSERVATION FEES AMOUNT OF FEE per square foot of ildin area Re-out inspection feet 175. Replacement license :soo $1O.Q Technology fee 2.5% x electrical permit fees Minimum fee $75.00 TABLE INSET: - - - - - -- - - -- - ENERGY CONSERVATION FEES AMOUNT OF FEE Commercial energy conservation plan review & inspection $005 $0.0675 per square feet TABLE INSET: FUEL GAS FEES AMOUNT OF FEE Each gas service, + first meter loop, per WOO $6.75 meter Each additional meter loop $5,00 i$75 Each gas line - new distribution $6.75 - - -- - - - -- - -- -- Each gas line - new service p.75 Each gas line - replace distribution Each gas line - replace service $5.00 $11.5. $5.00 6.75 Each gas opening $500 0•75 Each gas clothes dryer $57045 6.75 Each gas fireplace igniter /log set WOG t6.15_ Each gas floor heater unit $5.00 $6.75, Each gas furnace $5.00 $6.75. Each gas heater $5.00 $6.75 Each gas hot water heater $500 $6.75 Each gas pool heater $578e $s•75 Each gas wall furnace unit $6.75 New residential construction Gas permit for new residential construction Gas permit for accesso ry residential construction Minimum fee TABLE INSET: MECHANICAL ICAL FEES Mechanical permit fees, except for new residential construction: Page 11 of 1 $0706 011,42m per square foot of building area $0705 Q. 0675 per square foot of building area $2&OO- $75. OQ Installation of non - existing heating, ventilating, duct, air condition, and refrigeration systems Additions to existing heating, ventilating, duct, air condition, and refrigeration systems Additional boiler 33,000 BTU (1 BHP) >=330,000 BTU 10 BHP) >330,000 BTU (10 BHP) New residential construction Mechanical permit for new residential construction(areas that do not contain any heating, ventilation, duct, air conditioning, or refrigeration systems are excluded) AMOUNT OF FEE $24140-44345 $j5.00+ $4!05 per $1,000 in valuation $2g.pp 'w 00 +$4.05 per $1 ,000 in valuation $30,00 $.50 $6700 X90.45 Mechanical permit for accessory residential construction Temporary operation inspection Technology fee Minimum fee TABLE INSET: $0.05 $Q.06Th per square foot of building area $9706 $O.O67_per square foot of building area $a7.00$75.00 2.5% x mechanical permit fees $28.00 X75.00 J Page 12 of 16 PLUMBING CODE FEES AMOUNT OF FEE Plumbing permit fees, except for new residential construction: Each water service Each water distribution - new (inside) $6.75 Each water distribution - replace (inside) -- - -- -- $6,00 $6.75 - - - -- - Each water water service - new (outside) $5$675 Each water service - replace (outside) 16.25, Each back flow prevetlllIllIl - Srsh00 -- - -- - - - -- - - - - - -- - -- - -- Each plumbing fixture ure - ti. . e • $6.75 Each lavatory $542, $6.75 Each shower . $§.75 Each sink WOG $6.75 Each slop sink WOG $6.75 Each spa WOO $6.7 Each tub, bath $5700 16.75 Each urinal . $6.75 Each wafer closet $6.75 Each piece of equipment attached to the water service $540 6.75 Each boiler $5700 $6.75 Hot water boiler $5,00 $6.75 Stearn boiler $6.75 Each cooling tower $20 .2 Each dishwasher � 6.75 Each drinking rg foun ain $6.75 Each hot water heater $6.75 Electric hot water heater $6.75 Gas hot water heater $5TOG gin Each lint interceptor $32.40 Each pool heater $6.75 Each pump Each self - contained heating Each sink-garbage disposal unit Each washing machine Each water-fed ice making machine Each water softener Each whirlpool Lawn sprinkler and irrigation � systems, per 1,000 square feet of lot services Each drain or connection to sanitary or storm sewer systems Each building sewer (lateral) Each building sewer extension buildings other ulirrs Each building drain Each catch basin Each connection to storm sewer Each floor drain each grease interceptor Each hub drain Each lift station Each manhole Each roof drain Each sand trap Tunnel jobs fee,. per building First tunnel Each additional tunnel New residential construction Plumbing permit for new residential al conslrucfion Plumbing permit for accessoly residential construction Page 13 of 1 $oo $6r $&oo- $0o $5.00 §. sa-Ao $&oo s6.u. woo s6.7 $49:00 UL61 $1-5:00 $oo 2L7j. $67042, ��. $23o 31.73 $6:9A 6.75 $22,:58 31.73 $&o9 R3.21 $g-A4 SALE $2340 131.73 A 13.50 $24,6A 37.73 $66:26 taLL4 $42:9A k7 §..20 $0:06 1QQ6;per square foot of building area SUS . j____1675 per square foot of building area Technology fee Back-flovention device test film. Minim m fee TABLE INSET: Page 14 of 16 2.5% x plumbing errtmi fees 15.00 $28700- ELQ1.1 J LICENSE Classification House mover Examination Fee None Master electrician Master electrician-sign Master electrician - elevator Journeyman electrician License Fee $75.00 $75.00 $75.00 $75.00 Maintenance electrician Limited journeyman electrician Apprentice Certified electrical maintenance person $35.00 $133.00 $135.00 $135.00 $135.00 X30.00 $75.00 None $30.00 $30.00 $30.00 $25.00 None TABLE INSET: r CONTRACTOR REGISTRATION FEES Mechanical contractor Plumber Lawn ir,ator B TABLE INSET: FOUNT $13-7,00-- 'l31.o X $j;350O $13&.00 Technical Construction Appeal & Advisory Boards Fees Amount Requests for interpretation, technical ruling, modification of code, concurrence for use of an alternative material or method, and appeal from decision of Building Official to technical construction appeals and advisory boards $265.00 Page 15 of 16 SECTION 8. Chapter 14 "Development Services," Article XIII "Development Services Fees," Division 9 "Technical Construction Code Fees," Section 14 -1309 "Fees rounded off" of the Code of Ordinances is repealed by deletion of the words stricken and reserved for future use: Sec. 14.1309. Fees rounded off. 56 SECTION 9. Any application in process that was filed prior to the effective date of this ordinance shall be processed in accordance with the fee schedule, payment process, and related provisions that were in effect on the date said application was made. SECTION 10. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given dull force and effect for its purpose. SECTION 11. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 12 This ordinance becomes effective upon publication. SECTION 13. 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. Page 1 f1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Mare - - Larry Elizondo, Sr. Nelda Martinez Mike Hummel! Michael McCutchon tclnon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody dy Cooper John E. Mare Larry Bizondo, Sr. Nelda Martinez Mike Hummel! Michael M Cut h n Bill Kelly APPROVED AND PASSED on this day of , 2008. ATTEST: Armando Chapa, City Secretary Henry Garrett, Mayor APPROVED: April 1, 2008 R. J 13Zning First Assistant City Attorney For City Attorney 22 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: April 8, 2008 Public hearing and first reading ordinance to consider abandoning and vacating a 71293- square foot portion (50' wide x 145' long) of an undeveloped and unsurfaced, dedicated public right-of-way (Charlotte Drive) out of Lot 1, Block I, and Lot 1, Block 2, Tropic Heights Unit 2, adjacent to and south of the Mediterranean Drive public right-of-way; subject to owner's compliance with the specified conditions. ISSUE: Mr. Joseph Hasselmeler and Mr. Kirk Parker adjoining property owners, are requesting the abandonment and vacation of the undeveloped and unsurfaced, dedicated public right-of-way (Charlotte Drive), to avoid the continuous use of this portion of public right-of -way that lies between their two properties, as a dumping area for trash and large debris. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of street rights-of-way. City Code requires a public hearing prior to the vacating and abandonment of any street rights -of -way. RECOMMENDATION: DATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map -00/1-ior. Bob Nix, AICP ACM of Development Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Mr. Joseph Hasselmeier, owner of Lot 1, Block 2, Tropic Heights Unit 2, and Mr. Kirk Parker, owner of Lot , Block 'l , Tropic Heights Unit 2, are requesting the abandonment and vacation of a 7,293- square foot portion (50' wide x 145' long) of an undeveloped and unsurfaced, dedicated public street right -of -way (charlotte Drive). The dedicated public ROW is located adjacent to and south of the Mediterranean Drive public right -of -way, between Mediterranean Drive and a dead end that's adjacent to and north of the Audubon Outdoors (wild life sanctuary). Mr. Joseph Hasselmeier and Mr. Kirk Parker are the adjacent property owners located on both sides of the Charlotte Drive street right -of -way. The said portion of public right-of-way is proposed to be abandoned and vacated to eliminate the continuous use of this portion of public right-of-way between the Iwo properties as a dumping area for trash and large debris. All public and franchised utilities were contacted regarding this closure request. The extension of sidewalk, curb and gutter, and necessary pavement repair is required to eliminate the gap in the Mediterranean Drive street section across the Charlotte Drive right -of -way. The city Water Department has an existing 6" waterline valve within the Charlotte Drive public right-of-way that will have to be removed and plugged at the tee ($1,259.00), at owner's expense, prior to abandoning and vacating that portion of the right -of -way. AT&T has buried cable facilities across the public right- of-way and will require a 15' utility easement across the rear portion of the street right -of -way to match the existing 15' easement at the rear of the adjacent lots. AEP has overhead electrical facilities across the public right- of -way and will require a 15' utility easement across the rear portion of the street right -of -way to match the existing 15' easement at the rear of the adjacent lots. TimeWamer has overhead communication facilities across the public right-of-way and will require a 15' utility easement across the rear portion of the street right -of -way to match the existing 15' easement at the rear of the adjacent lots. All utility departments must be notified 48 hours prior to any construction or excavation within the City street right -of -way, by calling 1 - 800 - DIG -TESS, due to possible utility conflicts. Staff recommends that payment of the fair market value be waived because of City Code, Sec. 9- 12, waives payment of the fair market value when an abandoned street is unimproved, not used for any public street purpose, and acquired by an abutting property owner, as it is in this case. The owner has been advised of and concurs with the conditions of the right -of -way abandonment. EXHIBIT A Page 1 of AEI ORDINANCE CE ABANDONING AND VACATING A 7,293- SQUARE FOOT PORTION (50' WIDE X 145' LONG) OF AN UNDEVELOPED AND UNSURFACED, DEDICATED PUBLIC RIGHT -OF -WAY (CHARLOTTE DRIVE) OUT OF LOT 1, BLOCK 1, AND LOT 1, BLOCK 2, TROPIC HEIGHTS UNIT 2, ADJACENT TO AND SOUTH OF THE MEDITERRANEAN DRIVE PUBLIC RIGHT-OF-WAY; SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Mr. Joseph Hasselmeier and Mr. Kirk Parker are requesting the abandonment and vacating of a 7,293-square foot portion (50' wide x 145' long) of an undeveloped and unsurfaced dedicated public right-of-way (Charlotte Drive) out of Lot 1, Block 1, and Lot 1, Block 2, Tropic Heights Unit 2, adjacent to and south of the Mediterranean Drive public right- of -way; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, April 8, 2008, 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, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the public right -of -way, subject to the provisions below. (Exhibit) NOW, THEREFORE, E, E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 7,293- square foot portion (50' wide x 145' long) of an undeveloped and unsurfaced, dedicated public right-of-way (Charlotte Drive) out of Lot 1, Block 1, and Lot 1, Block 2, Tropic Heights Unit 2, adjacent to and south of the Mediterranean Drive public right-of-way, as recorded in Volume 41, Page 22 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the conditions specified in Section 2. below. SECTION . The abandonment and vacation of the above public right-of-way is conditioned as follows: 1. The City Code, Sec. 49-12, eliminates payment of the fair market value when an abandoned street is unimproved, not used for any public street purpose, and acquired by an abutting property owner, as it is in this case. 2. Owner to pay for the construction and extension of sidewalk, curb and gutter, and necessary pavement repair required to complete the gap in the Mediterranean Drive street section across the Charlotte Drive right -of -way. H: \LEG- DIR1Sharedl aryslag nd 12 0 1 4- 1 F D- abandon -v cat W- h rlott Dnivei teadin .doc Page 2 of 3. All utility departments must be notified 48 hours prior to any construction or excavation within the City street right-of-way, by calling 1 -800- DIG -TESS, due to possible utility conflicts. 4. A 15' utility easement is reserved across the rear portion of the right-of-way to match the existing 15' easement at the rear of the adjacent lots and will require a 15' utility easement by separate instrument across the rear portion of the street right- of-way to match the existing 15' easement at the rear of the adjacent lots. 5. City Water Department has an existing 6" waterline valve within the Charlotte Drive public right -of -way that will require dedication of a 15' utility easement by separate instrument or will have to have the existing 6" waterline removed and plugged at the tee ($820.00), at owner's expense, prior to abandoning and vacating that portion of the right-of-way. 6. Upon approval from Council and ordinance issued, all grants of street closure must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to Building Permit approval of construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. 7. Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. H:ILE - IF \ haredl ary lag nda1 OO \O4-O \OFD- abandon.v ateRO - harlattel rive- readin .do Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez - - -- Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly _- That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel' Michael McCutchon Bill Kelly PASSED AND APPROVED, this the , day of , 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: March 28, 2008 By: R. ining Fiat Assistant ity Attorney For City Attorney Henry Garrett Mayor H:\LE -DIF l hared\ aryslagend l2OO 104 81O D- abandon- vacateF OW -C arlotteDrive- r ading.doc Mediterranean Drive (60' R.O.W.) B.L go g U § t 25' c 81- cal- er 5117c§ Mi! g § > t"..4 c01-1 N 8 TO fp ch • .. z -8 a Cr afi 0 Point of Beginning ci dia 0 0 S61 •00101311E 50.00' ttrriutnlittr Exhibit B Ap to eicc an FIELDNOTES for o 15.00 foot wide utility easement out of a portion of Charlotte Drive, a 50 foot wide public roadway, as shown by the recorded plot of Tropic Heights Unit 2, a mop of which is recorded in Volume 41, Page 22, Map Records of Nueces County, Texas. N61.00'00 !I 50.00' Csi b t251 gr•Nei Ea ff. 0 0* z 0 fl) UNE or.ARING DP T a L1 N21,00 00 . 1 5.00' U '0 ` O V 15.00' URBAN ENGINEERING swam caws mpg was yaw pr►Js4-Jtm roc rsrrlrM-4021 0) 0 N (4§8 0`) N -51 rt: 3 Z —1 , . 15 LLEL___ Lot 4, Section Flour Bluff and Enctnal Form and Garden Tract, Vol. A, Pages 41-43. M.R.N.C.T. DATE: NOV. 30. 2007 SCALE: 1.-40' J08 NO.: 41403.00.00 SHEET: 1 OF 1 DRAM BY: DL 02007 b Urban En ineerin pl ____,,./.. Del — 1,11615r v OS 99' 4. i # jF., v 4.3 { _ ciisi 0.„,t.-. gi 0 31 D afor ui awri opG Proposed Street Closure River Courtia Rivie Buena Las Pa FE Ckb..90100'00' oin o 'B r+ 50. R.000 Tiel MOOD STREET L 5.71' Exhibit C CLOSURE Map t FIELDNOTES for the closing of a portion of Charlotte : Drive, a 50 foot wide public roadway, as shown by the recorded plat of Tropic Heights Unit 2, a map of which is recorded in Volume 41, Page 22, Map Records of Nueces County, Texas. URBAN ENGINEERING Lot 4, Section Flour Bluff and Encino' Farm and Garden Tract, Vol. A, Pages 41 -43, M.R.N.C.T. .N.C.T. DATE NOV 30, 21.7 SCALE: rand40. JOB NO: 41403.CO. ' y; SHEET: 1 OF 2 DRAWN Y: 02007 by Urban Engineering River -al Court lo Rivie Buena Los Po Air N °o0'0"1 Point of B moo' Exhibft C EASEMENT DEDICATION Map ? Accornpani' FIELDNOTES for a 15.00 foot wide utility easement out of a portion of Charlotte Drive, a 50 foot wide public roadway, as shown by the recorded plot of Tropic �' E Heights Unit 2, a reap of which is recorded in Volume 41, Page , Map Records of Nueces County, Texas. - UNE BEARING DISTANCE. - BOO' 1 .i DATE NOV 309 2007 SCALE: i ~ =�' JOB SHEET: 1 NO: T/1���.�s� DRA BY DL 02007 by Urban Engineering r.: 23 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04/08108 AGENDA ITEM: Public hearing to consider adoption of an ordinance to establish a storm water utility. ISSUE: A Public Hearing must be held prior to adoption of the ordinance creating a storm water utility. REQUIRED COUNCIL ACTION: Public hearing to consider adoption of an ordinance to establish a storm water utility. PREVIOUS COUNCIL ACTION: At the October 30, 2007 Workshop with City Council regarding the new Water Utility rate model, staff was directed to come forward with rates for the establishment of a Storm Water Utility. On December 18, 2007 Council directed staff to move forward with an ER -based ("Equivalent Residential Unit") rate model and passed a Resolution declaring intent to establish a storm water utility system for implementation in Fiscal Year 2008 -2009; and approving the design concepts for new water and storm water rates. On January 29, 2008, staff presented to Council various policy recommendations for consideration and received direction regarding same as indicated in the attached resolution. On February 12, 2008, Council approved a Resolution setting the date of the Public Hearing for the utility creation ordinance of April 8, 2008. CONCLUSION AND RECOMMENDATION: None needed. V.'''eH. Gr. , E Di - tor of Storm ater Operations Attachments: Background Information Draft Ordinance Creating Storm Water Utility Resolution Regarding Policy Issues BACKGROUND INFORMATION On December 18, 2007, the City Council approved a Resolution declaring its intent to establish a storm water utility system for implementation in Fiscal Year 2008-2009. Council directed staff t move forward using the ERU (Equivalent Residential Unit) based rate model. At that time staff contracted the services of HDR Engineering, Inc. to assist in the development of the utility. During the course of that work, it became apparent that staff needed guidance from the Council regarding certain policy issues in order to move forward with data base verification, rate design, and billing system programming. On January 29, 2008, staff gave City Council a presentation on the various policy decisions requiring Council direction. The presentation included staff's recommendations regarding the issues, each of which was accepted by Council. Staff understood Council's direction to explore the possibility of moving from an impervious proxy basis to a measured impervious surface basis after implementing the utility using the ER /impervious proxy model. On February 12, 2008, Council passed a Resolution that set the date of the Public Hearing for the ordinance which would create the storm water utility to April 8, 2008, which will be during the regularly scheduled City Council meeting. D ORDINANCE DECLARING AND ESTABLISHING THE CITY'S STORM WATER SYSTEM AS A PUBLIC UTILITY; DECLARING THE CITY'S STORM WATER UTILITY AS PART OF THE CITY'S COMBINED UTILITY SYSTEM; DEFINING TERMS RELATING TO THE STORM WATER UTILITY SYSTEM; CITING AUTHORITY TO ESTABLISH A STORM WATER UTILITY; INCORPORATING EXISTING FACILITIES INTO THE STORM WATER UTILITY SYSTEM; PROVIDING FOR SEGREGATION OF STORM WATER UTILITY INCOME FROM OTHER CITY ACCOUNTS; PROVIDING THAT ISSUANCE OF STORM WATER REVENUE BONDS OR COMBINED (WATER, WASTEWATER, GAS, AND STORM WATER) UTILITY REVENUE UE ONDS MAY BE REPAID WITH REVENUE FROM THE STORM WATER UTILITY CHARGE. WHEREAS, S, the City of Corpus Christi will provide drainage (also referred to interchangeably as "storm water") services for all real property in its corporate boundaries, except for exempted real property; and WHEREAS, the City of Corpus Christi will offer storm water servi es on nondiscriminatory, reasonable, and equitable terms; and WHEREAS, the City of Corpus Christi wilt establish a schedule of storm water charges against all real property within its corporate boundaries subject to charges; and WHEREAS, the City of Corpus Christi will establish and enforce rules appropriate to operate the storm water utility system; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi (City) declares the storm water drainage of this municipality to be a public utility. SECTION 2. The City's storm water utility is part of the City's combined (water, wastewater, gas, solid waste, and storm water) utility. SECTION 3. AUTHORITY. The City is authorized to establish this municipal storm water utility under Article XI, Section 5, of the Constitution of the State of Texas; the City's Charter; and the laws of the State of Texas. SECTION 4. .DEFINITIONS. In this ordinance: (1) " enefitted property" meant an improved lot or tract to which storm water drainage service is made available. (2) "City" means the City of Corpus Christi, Texas. (3) "Cost of service" as applied to a storm water drainage system service to any benefitted property means: (a) the prorated cost of the acquisition, whether by eminent domain or otherwise, of land, rights -of -way, options to purchase land, easements, and interests in land relating to structures, equipment, and facilities used in draining the benefitted property; (b) the prorated cost of the acquisition, construction, repair, and maintenance of structures, equipment, and facilities used in draining the benefitted property; (c) the prorated cost of architectural, engineering, legal, and related services, plans and specifications, studies, surveys, estimates of cost and of revenue, and all other expenses necessary or incident to planning, providing, or determining the feasibility and practicability of structures, equipment, and facilities used in draining the benefitted property; (d) the prorated cost of all machinery, equipment, furniture, and facilities necessary or incident to the provision and operation of draining the benefitted property; (e) the prorated cost of funding and financing charges and interest arising from construction projects and the start -up cost of a storm water drainage facility used in draining the benefitted property; L)E3,131Fli (f) the prorated cost of debt service and reserve requirements of structures, equipment, and facilities provided by revenue bonds or other storm water revenue - pledge securities or obligations; and the administrative costs of a storm water utility system. (4) "Drainage" (or "storm water drainage") means bridges, catch basins, channels, conduits, creeks, culverts, detention ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works, and appurtenances to those items, whether natural or artificial, or using force or gravity, that are used to draw off surface water from land, carry the water away, collect, store, or treat the water, or divert the water into natural or artificial watercourses. "Storm water charge" or "drainage charge" means: (a) the levy imposed to recover the cost of the service in furnishing drainage for any benefitted property; and (b) specifically includes, as hereby provided by the City Council of the City of Corpus Christi, an amount made in contribution to funding of future drainage system construction by the City. (6) "Storm water system" or "storm water drainage system" means the drainage owned or controlled in whole or in part by the City and dedicated to the service of benefitted property, including provisions for additions to the system. "Facilities" means the property, either real, personal, or mixed, that is used in providing storm water drainage and included in the system. "Public utility" means a storm water drainage service that is regularly provided by the City through the property dedicated to that service to the users of benefitted property within the service area and that is based on: (a) an established schedule of charges; (b) the use of the police power to implement the service; and (c) nondiscriminatory, reasonable, and equitable terms, as declared by the City under this section. "Service area" means the land within its municipal boundaries which, as a result of topography or hydraulics, contribute overland flow into the watersheds served by the storm LJ water drainage system. p y GI LI rT SECTION . INCORPORATION OF EXISTING FACILITIES. The City incorporates the existing municipal storm water drainage facilities and related supplies and materials into the storm water utility system. SECTION 6. STORM WATER UTILITY POLICIES AND SCHEDULE OF CHARGES. Subsequent to passage of this ordinance and providing for public notice and public hearing, the City will establish, by separate ordinance, a schedule of storm water utility charges. SECTION 7. SEGREGATION OF INCOME. The income of the City's storm water utility system will be segregated and completely identifiable in city accounts. If storm water charges are solely for the cost of service, the City may transfer the charges, in part, to its General Fund, except for any part pledged to retire any outstanding indebtedness or obligation incurred, or as a reserve for future construction, repair, or maintenance of the storm water drainage system. SECTION 8. STORM WATER REVENUE BONDS. By majority vote of the City Council, the City may issue storm water revenue bonds or combined (water, wastewater, gas, solid waste, and storm water utility revenue bonds to be repaid, in full or in part, with the use of revenue from storm water utility charges. SECTION 9. SEVERABILITY. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 9. This Ordinance shall be effective immediately from and after its passage. ATTEST: THE CITY OF CORPUS CHRISTI Armando Ch pa City Secretary Approved as to form: 3/28/2008 Veronica oana Assistant City Attorney for City Attorney Henry Garrett Mayor RESOLUTION DECLARING POLICY RELATIVE TO ESTABLISHMENT OF A STORM WATER UTILITY SYSTEM. WHEREAS, on December 18, 2007, City Council passed Resolution No. 027545, declaring intent to establish a storm water utility system for implementation in FY 2009; and WHEREAS, the development of a budget for Fiscal Year 2009 requires identification of the fund structure for storm water; and WHEREAS, a schedule of storm water charges must be approved prior to the implementation of a storm water utility; and WHEREAS, various storm water utility policies will affect the calculation of storm water revenues and service rates; and WHEREAS, City staff needs preliminary guidance on policies to develop a budget framework; to design changes to the City's billing software ("HIE") system; and to calculate the estimates of storm water revenues and rates; and WHEREAS, At the January 29, 2008 City Council Meeting, staff presented to the Council a presentation entitled "Policy Considerations for the Development of a Storm Water Utility" and received Council's direction and decision on the policy issues presented. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City's storm water utility will be an enterprise fund and a part of the • City's combined utility system. Storm water revenues may be used as debt pledge. SECTION 2. The primary source of storm water funding will come from storm water revenues. SECTION 3. The City will investigate possibilities and benefits of drainage impact fees as additional future source of capital funding. SECTION . The basis of service measurement will be to use runoff coefficients to derive an impervious cover proxy amount. SECTION 5. The City will consider developing and transitioning to impervious cover basis as a method of service measurement. SECTION 6. The rate design for storm water charges will be based on the Equivalent Residential Unit R approach. ABSOLUTE FINAL RESO storm water poilcles 242-08 Page 1 of 4 027577 SECTION 7# For attached commercial, attached housing, and mobile homes, storm water charges will be billed: (1) to the customer where individually metered; and (ii) to the property owner where master metered. SECTION 8. Failure of a customer /user to pay utility charges when due will subject such user to discontinuance of any utility services provided by the City at that service address or at any other address of that delinquent user. If the City will place a lien on the property of a delinquent user, it will do so after having discontinued any utility services, provided that discontinuance of utility service is possible. SECTION . Impervious cover does not mean public rights of way, alleys, small vertical structures, fences, signs, pipelines, viaducts, streams, lakes, ponds, or swimming pools, SECTION 10. The following shall be exempt: A. The Naval Air Station- Corpus Christi (NAS) and the Port of Corpus Christi Authority properties withi B. Final appeal of a storm water charge's service measurement basis will be to the City Manager or designee. C. A budget will be established for appeals and adjustments. SECTION 13. This resolution shall take effect immediately from and after its passage. ATTEST: THE CITY r CORPUS CHRISTI AW A[4.4 Alttid IC Armando Chaps Henry Garrett City Secretary Mayor APPROVED AS TO FORM: 04-Feb-08 Veronica Ocanas Assistant City Attorney for City Attorney ABSOLUTE FINAL RESO storm wafer policies 24248 Page 3 of Corpus Christi, Texas Henry - 1_-.4h of The above resolution was passed by the following vote: Garrett Melody Cooper Larry Ell ondo1 Sr. Mike Hummell Bill Kelly Priscilla Leal John E. Marez Nelda Martinez Michael iviceutchon ABSOLUTE FINAL RESO storm water policies 2•12 48 Page 4 of 4 027577 1 Public Hearing on Establishment of a Municipal Storm Water Utility City of Corpus Christi City Council Meeting April 8, 2008 1 Statutory Requirement 0 Regarding adoption of an ordinance establishing a storm water utility: Local Gov't Code § 402.045 Before adopting the ordinance, the governing body must publish notice in a newspaper of general circulation in the municipality stating the time and place of a public hearing t consider the proposed ordinance. The governing body shall publish the notice three times before the date of the hearing. Publication Dates: March 3, 2008 March 17, 2008 March 31, 2008 2 Background • December 18, 2007 - Resolution passed directing Staff to proceed with: • establishment of a separate source of storm water funding, and • revisions to the City's water rate structures. � January 29, 2008 - Resolution passed regarding various storm water utility policy issues. � February 12, 2008 - Resolution passed setting Public Hearing date for storm water utility creation ordinance. 3 4 Utility Policies Summary s Utility is an Enterprise Fund. • Primary source of funding storm water revenues. . investigate drainage impact fees for future capital improvements funding. • Basis of service measurement is runoff coefficients applied to lot acreage producing an impervious proxy. . Explore moving to true impervious surface basis for future storm water service measurement. 4 Utility Policies Summary (continued) * Rate design based on Equivalent Residential Unit (ERU). • Storm water will be billed to the utility customer for attached commercial or housing and mobile homes where individually metered and be billed to the property owner (or account holder) where master metered. � Failure to pay storm water charge leads to discontinuance of utility services or lien on property, al Impervious cover does not include public ROW's, alleys, small vertical structures, fences, signs, ponds, lakes, etc. 5 Utility Policies Summary (continued) o Property will be exempted in accordance with Chapter 402 of Loyal Gov't Code. & as otherwise exempted by City utility policy. * Credits will be applied fora limited number of reasons including properly maintained 100 -year flood detention pond, certain education programs within school districts. o Credits to be renewed annually. 1+ ERU determination appeals will be limited to lot size and land use classification. 6 Utility Rate Structure Summary Equivalent Residential Unit (ERU) G Land use runoff factor* applied to lot size to develop estimate or proxy value for impervious cover for each parcel. G Median amount of impervious cover (3,958 sq ft = 1 ERU) calculated from mid -sized residential dots between 5,446 & 10,890 sq ft. G Flat fee monthly ERU rate is defined for typical residential lot. G Charges for other residential lot sizes and commercial properties are proportional to base ERU rate. Runoff factors per Council - adopted Drainage Technical Criteria Guide. 7 Utility Rate Structure Summary Equivalent Residential Unit (ERU) Residential tiers) - 4.75/mo. if lot <= 5,445 sq ft (= 0.73 ERU) 6.50/mo. if lot > 5,446 to 10,890 sq ft (= 1 ERU) 1. m. if lot > 10,890 sq ft (= 1.55 ERU) Commercial - [(runoff coefficient) x (lot size) / ERU sq ft] x $ 6.50 Sample calculations: R.825 25 x 10,890)13,958] x 6.50 = $14.75 per mo. [(.825 x 32,576)13,958] x 6.50 = $44.14 per nio. [(.70 x 9,785)13,958] x 6.50 = $11.25 per ma. [(.70 x 21,780)13,958] x 6.50 = $25.04 per mo 8 Timeline • April 8, 2008 — Public Hearing on Ordinance Creating Storm Water Utility • April 29, 2008 — Council considers 1st reading of Ordinance Creating Storm Water Utility • May 1.3, 2008 — Council considers 2nd reading of Ordinance Creating Storm Water Utility oa May 27, 2008 — FY09 Budget presented to Council for first time • June 24, 2008 -- Public Nearing on Ordinance establishing storm water rates * July 22, 2008 — Council considers 1st reading of Ordinance establishing storm water rates • July 29,2008 — Council considers 2nd reading of Ordinance establishing storm water rates • August 1,2008 — Implementation 24 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Date: April 8, 2008 A. Public Hearing to receive public comments regarding the City of Corpus Christi's proposed FY2008 — FY2012 Consolidated Plan which include the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG)Programs. B. Public Hearing to receive public comments regarding the City of Corpus Christi's proposed FY2008 Consolidated Annual Action Plan for the Community Development Block Grant (CDBG), HOME Investment Partnerships (RHONE) and Emergency Shelter Grants (ESG) Programs. D. Council discussion and possible recommendations on a list of projects /activities to be funded. ISSUE: HUD regulations require a public hearing prior to adoption of the Consolidated Plan /Consolidated Annual Action Plan. REQUIRED COUNCIL ACTION: Conduct public hearing with Council discussion regarding the 2008 -- 2012 Consolidated Plan with possible recommendations on a list of projects /activities to be funded through the FY2008 Consolidated Annual Action Plan. FUTURE COUNCIL ACTION: Final adoption of the FY2008 — FY2012 Consolidated Plan and FY2008 Consolidated Annual Action Plan on April 15, 2008. RECOMMENDATION: It is recommended that a brief presentation be made to the City Council at the opening of the public hearing so that staff may present the executive summary of the 2008 -- 2 12 Consolidated Plan and outline the FY2008 Consolidated Annual Action Plan and recommended programs. After the public hearing is concluded, the City Council may, at their discretion, discuss and possibly recommend on a list of projects /activities to be funded under the FY2008 -•- FY2012 Consolidated Plan and FY2008 Consolidated Annual Action Plan Program which are running concurrently. D niel G Ilego r,, CD Administrator ADDITIONAL SUPPORT MATERIAL Background Information BACKGROUND INFORMATION A. The 2008 --2012 Consolidated Plan provides an overview of housing and homeless needs in Corpus Christi, an analysis of the housing market, and a strategic plan for meeting needs identified through the development of the document. The analysis included utilizing 2006 American Community Survey data, along with 2000 U.S. Census data, with information gathered locally, including a homeless survey conducted in Corpus Christi, a survey of citizens in prioritizing needs, real estate data provided by the Association of Realtors and the Apartment Association, and building permit data compiled by the City of Corpus Christi. The major sections of the Consolidated Plan include Consultant and Citizen Participation, Housing Market Analysis, Housing and Homeless Needs Assessment, Strategic Plan and Annual Action Plan. B. The FY2008 Consolidated Annual Action Plan CRAP will describe the activities and projects to be assisted with funds received under the CDBG, HOME, ESG and other HUD programs that help to meet housing and community development objectives. The City of Corpus Christi's FY2008 entitlement allocation is $5, I I 8,907 which includes: $3,354,513 Community Development Block Grant (CDBG) $1,604,096 HOME Investment Partnerships (HOME) $149,967 Emergency Shelter Grants (ESG) $10,331 American Dream Downpayment Initiative (ADDI) In addition, program income of approximately $4470,000 from loans provided during previous CDBG years and $128,586 of Demolition Lien /Clearance of Vacant Properties Program Income is also available for the CDBG Program. Therefore, a total of $3,953,099* is available for the FYO8 CDBG Program. Also, program income of $100,000 from loans provided during previous HOME years and $10,331 ofADDI funds are also available for the HOME Program. Therefore, a total of $1,714,427 is available for the FY2008 HOME Program. The allocation indicated above reflects a decrease in the CDBG entitlement program of $126,099 less than FY2007, a $45,486 decrease in the HOME entitlement program and a $531 decrease in the ESG entitlement program from last year. Since 1975, The City of Corpus Christi has been appropriated more than $154.3 million through HUD for the CDBG Program that includes approximately ately $14.3 million of program income generated through the various programs administered by the Community Development. The HOME Program began in 1992 to help increase and improve affordable housing opportunities. Total HOME funds of $26.5 million have funded rental and home ownership subsidy programs as well as rehabilitation and reconstruction of affordable housing. NOTE: No reprogram funding is available for FY2008 due to reprogramming of funds in the amount of $590K on August 28, 2007, for the FY2007 CDBG program. The ESG Program provides funds to homeless providers to defray the cost of operations and maintenance of local emergency shelters as well as providing funds for rehabilitation, counseling, training and other essential services /homeless prevention activities. Since 1987, the City has received more than $252 million in ESG funds. blic He ring /Citizens Participation Process Community Development held five Technical Assistance Workshops ps whi h included a Public Hearing on February 20, 2008, at the Neighborhood Centers of Corpus Christi facility location at 614 Horne Road. The City Council public hearing on the FY2008 — FY2 2 Consolidated Plan and FY2008 Consolidated Annual Action Plan has been scheduled during the regular City Council agenda on April 8, 2008. After completion of the Public Hearing, the City Council will have the opportunity to discuss with possible recommendations on a list of projects /activities to be funded through the FY2008 Consolidated Annual Action Plan. Final adoption of the FY2008 — FY2012 Consolidated Plan and FY2008 Consolidated Annual Action Plan will be brought before the City Council on April 15, 2008 for approval. Publication of the FY2008 — F 2OI2 Consolidated Plan and FY2008 Consolidated Annual Action Plan will be published on April 27, 2008, allowing citizens' time to review and comment for 30 days prior to submission of the two plans in addition to the public hearings. 25 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 8, 2008 AGENDA ITEM: Resolution electing to be eligible to participate in tax abatement and adopting tax abatement guidelines and criteria. ISSUE: Tax abatement guidelines and criteria are effective for two (2) years. The most recent guidelines were adopted on May 9, 2006. Any changes to the guidelines and criteria prior to the two (2) year expiration date will require a three - fourths vote as per the guidelines. Previous Council Action: Current guidelines were adopted on May 9, 200 6. CONCLUSION AND RECOMMENDATION: RATION: Recommend approval of the resolution electing to be eligible to participate in tax abatement and adopting Tax Abatement Guidelines and Criteria, by a three - fourths vote. felf Economic Development ma Ca. * Ile 0, Dir r BACKGROUND INFORMATION Attached are the revised Guidelines and Criteria black -lined to show, the recommended changes from the May 9, 2006 version. Proposed changes include: '1. Generally revised the Guidelines and Criteria to apply to actions by the City, not other local governments, since the City cannot control whether and how they handle tax abatements. The word "City" replaces "Eligible Jurisdiction" in most places, and "City Council" replaces references to governing bodies. 2. Rather than list specific local governments or types of local governments who can provide take rebates, the term "taxing unit" is being used. "Taxing units" is the term used in Chapter 312. 3. Added "multi- family housing" to description of at renewal community facility in 2(a) 4. Deletion of the word "generation in Section 2(d) 5. Reduced the employment requirement from 50 to 20 in Section 2(g) A 6. Added abatement for a basic manufacturing or service facility which provides a minimum of $150 million in new capital investment and at least '10 net new full -time jobs in Section 2 D 7. Added abatement for a basic manufacturing or service facility which provides at least $500 million in new capital and at least 20 net new full - time jobs in Section 2(g) 8. Specified "Economic Qualification ;' for all planned improvements and changed specific number of job requirements to reflect "minimum" permanent jobs in Section 2(L) 9. Added a new Section 2(n) specifying "Environmental and Worker er Safety Qualifications 10. Added compliance and environmental requirements in Section 5(a) and (9) 11. Changed the language from maintain specific number of jobs requirement to reflect "minimum" permanent jobs in Section 6(a) and added the language requiring maintaining jobs for 4 consecutive weeks during the term of agreement and after completion of construction in the event of the discontinuation of operations. 12. Added an automatic termination provision, as 6(h), related the owner filing for bankruptcy and similar occurrences. 13. Added a transition rule, as 7(g), for projects which obtained an abatement agreement prior to adoption of these guidelines. RESOLUTION ELECTING TO BE ELIGIBLE TO PARTICIPATE IN TAX ABATEMENT AND ADOPTING TAX ABATEMENT GUIDELINES AND CRITERIA WHEREAS, Texas Tax Code, Section 312.002, requires a taxing unit to establish guidelines and criteria governing tax abatement agreements prior to designating an area as a reinvestment zone and entering into a tax abatement agreement; WHEREAS, Section 312.002 requires a taxing unit to adopt a resolution stating that the taxing unit elects to become eligible to participate in tax abatement; WHEREAS, tax abatement guidelines and criteria are effective for two years; WHEREAS, the current tax abatement guidelines were adopted on May 4, 2006; and WHEREAS, EAS, the City Council desires to continue to be able to offer tax abatement under the guidelines and criteria adopted by this resolution; NOW, THEREFORE, OF E, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION t The City Council elects to become eligible to participate in tax abatement pursuant to Texas Tax Code, Chapter 312. SECTION 2. The City Council establishes guidelines and criteria governing tax abatement agreements by the City of Corpus Christi, Texas. A copy of the guidelines and criteria is attached. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary APPROVED: April 2- , 2008. By: R. Ja�r'R(ning First Assistant City Attorney for City Attorney Tax Abatement Resolution Mayor, City of Corpus Christi Corpus Christi, Texas of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Eli and , Sr. Mike Hummel' Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Tax Abatement Resolution 4. 2 CITY OF CORPUS CHRISTI GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT WHEREAS, the attraction of long-term Added Value and the establishment of new permanent full -time jobs in the area would enhance the economic base of area taxing entities; and WHEREAS, Corpus Christi must compete with other communities across the nation currently offering tax inducements to attract new plant and modernization projects, and studies have shown that a favorable local tax climate and start -up tax concessions rank second on the list of priorities for new plant installations or expansions; and WHEREAS, EAS, to abatement is one of the principal means by which the public sector and the private sector can forge a partnership to promote real economic growth within a community; and WHEREAS, any tax incentives offered must be strictly limited in application to those new and existing industries that bring new wealth to the community in order to avoid reducing the needed tax revenues of area taxing entities; and WHEREAS, REAS, the Property Redevelopment and Tax Abatement Act (the "Act"), Chapter 312 of the Texas Tax Code authorizes ing units to provide property tax abatement for limited periods of time as an inducement for the development or redevelopment of a property; and WHEREAS, the Act requires eligible taxing jurisdictions to establish Guidelines and Criteria as to eligibility for tax abatement agreements prior to granting any future tax abatement, said Guidelines and Criteria to be unchanged for a two -year period unless amended by a three - fourths vote; and WHEREAS, a federally designated Renewal Community constitutes designation as a Texas Enterprise Zone under Chapter 2303 of the Texas Government Code, and designated Texas Enterprise Zone constitutes designation as a Reinvestment Zone without further hearing or other procedural requirements under Chapter 312 of the Texas Tax Code, and WHEREAS, REAS, the U.S. Department of Housing and Urban Development designated Census Tracts 'l, 3, 4, 5, 7, 10, 11, 13, 35, and 50 as one of forty Renewal Communities nationwide eligible to share in $17 billion in tax incentives to stimulate job growth, promote economic development, and create affordable housing, and WHEREAS, to assure a common, coordinated effort to promote economic development, these Guidelines and Criteria have been circulated among Nueces Coun . and other taxing entities yrith iuriscliction within the City for consideration as a common policy for all jurisdictions hi h choose to ar�tici .ate in tax abatement agreements; p Tax Abatement Guidelines and Criteria - rjr 04022008a Corpus Christi April 2008 NOW, THEREFORE, BE IT RESOLVED by the City of Corpus Christi that the Renewal Community continues to be designated as a Reinvestment Zone and these Guidelines and Criteria for granting tax abatement be adopted: Section 1. Definitions. (a) "Abatement" means the temporary, full or partial exemption from ad valorem taxes of certain Added Value to real and personal property in a zone designated for economic development purposes pursuant to the Act. (b) "Added Value" means the increase in the assessed value of an eligible property as a result of "expansion" or "modernization" of an existing facility or construction of a "new facility." It does not mean or include "deferred maintenance." (c) "Agreement" means a contractual agreement between a property owner and /or Lessee and the City for the purposes of fax abatement. (d) "Base Year Value" means the assessed value of eligible property as of the January 1 preceding the execution of an Agreement plus the agreed upon value of eligible property improvements made after January 1 but before the execution of the Agreement. (e) "Basic Manufacturing or Service Facility" means buildings and structures, including fixed machinery and equipment not elsewhere described, used or to be used for the production of products or services which derive a majority of revenue from points beyond a 5O mile radius of Nueces County. (0 "Central Business District (CDB) Residential Facility" means a Multi-family Housing Facility constructed or renovated in the area encompassed by the Industrial Canal/Ship Channel on the north, Corpus Christi Bay on the east, Park Street on the south, and on the west as follows, Upper Broadway to Laredo, west on Laredo to Staples to I-37, east on 1-37 to State Highway 181, and north on State Highway I 1 to the Industrial Canal /Ship Channel, no more than 20% of the gross floor area of the Facility can be utilized for non - housing purposes. (g) "Deferred Maintenance" means improvements necessary for continued operations which do not improve productivity or alter the process technology. (h) "Economic Life" means the number of years a property improvement is expected to be in service in a Facility. (I) "Eligible Jurisdiction" means the City of Corpus Christi , county, any other municipality, , school district, or special district that levies ad valorem taxes upon and provides services to property located within the proposed or existing zone designated pursuant to the Act. 2 Tax Abatement Guidelines and Criteria — rjr 04022008a Corpus Christi April 2008 "Enterprise Zone Residential Redevelopment Facility" means buildings and structures used or to be used primarily for residential purposes and which are located within an enterprise zone. (k) "Expansion" means the addition of buildings, structures, fixed machinery or equipment for the purposes of increasing capacity. (I) "Facility" means property improvements completed or in the process of construction which together compromise an integral whole. "Mixed -use facility" means a facility having residential and commercial uses where the commercial use occupies more than 20% of the structure. (n) "Multi-family housing" means a facility designed, arranged, or used exclusively for the use and occupancy of three or more families living independently of each other. The dwelling structure may include a triplex, apartment, townhouse, condominium, cooperative, high -rise, etc. (0) "Modernization" means the replacement and upgrading of existing facilities which increase the productive input or output, updates the technology or substantially lowers the unit cost of the operation, and extends the economic life of the facilities. Modernization may result from the construction, alteration or installation of buildings, structures, fixed machinery or equipment. It shall is not be for the purpose of reconditioning, refurbishing, repairing or completion of deferred maintenance. (p) "New Facility" means a property previously undeveloped which is placed into service by means other than or in conjunction with an expansion or modernization. (q) "Owner' means the owner of a Facility subject to abatement. if the Facility is constructed on a leased property, the owner shall be the party which owns the property subject to tax abatement. The other party to the lease shall join in the execution of Agreement but shall is not be obligated to assure performance of the party receiving abatement. (r) "Permanent full -time job" means a new employment position created by a business that provides a regular work schedule of at least 35 hours per week or 1820 hours of employment per year to a Nueces County resident and maintains the employment position during the term of the abatement agreement. (s) "Petrochemical Facility means buildings and structures, including fixed machinery and equipment, the primary purpose of which is or will be the manufacture or processing of petrochemicals or fuels by physical or chemical change. fit) "Regional Distribution center Facility" means buildings and structures, including fixed machinery and equipment, used or to be used primarily to receive, store, service or distribute goods or materials owned by the Facility operator where a majority of the goods or services are distributed to points beyond a 50-mile radius of Nueces County. 3 Tax Abatement Guidelines and Criteria -- rjr 04022008a Corpus Christi April 2008 (u) "Regional Telecommunications /Data Processing Center Facility" means buildings and structures used or to be used primarily for the provision of telecommunication or data processing services by the Facility operator where a majority of the services are provided to points beyond a 0 -mile radius of Nueces County. (v) "Regional Visitor/Amusement Facility" means buildings and structures used or to be used primarily as a stadium, arena, amusement park or similar attraction or sports venue. (w) "Renewal al Community Facility" means a building or structure in the Corpus Christi Renewal Community which includes Census Tracts 1, 3, 4, 5, 7, 10, 11, 13, 35, and 50 to be used for the creation of a new business or business expansion, but not a relocation of a business. (x) "Rehabilitation" means that the Added Value, as defined, of the project exceeds the base year of a development property by $250,000. (y) "Texas Enterprise Zone" means any census block group with greater than 20% poverty, federally designated Renewal Community, or area designated as a Texas Enterprise Zone prior to 2003. Section 2. Abatement Authorized. (a) Authorized ed Facilities. ilLA Facility may be eligible for abatement if it is a Basic Manufacturing or Service Facility, Regional Distribution Center Facility, Regional Telecommunications /Data Processing Center Facility, Regional Visitor/Amusement Facility, Enterprise Zone Residential Redevelopment Facility, Central Business District CB Residential Facility, or Petrochemical Facility. Abatement may be granted for new facilities and improvements to existing facilities for the purpose of modernization or expansion, or glA Renewal Community Facility, as defined, may be considered on a case by case basis for abatement if it is a Renewal Community Facility and if the building or structure will be defined as rehabilitation project or is defined as new facility. Projects that may be considered as Renewal oral Community Facility include: multi- family housing facilities mixed -use facilities, retail facilities, hotel accommodations. (b) Creation of New Value. Abatement may only be granted for the additional value of eligible property improvements made subject to and listed in an abatement agreement between the .. City and the property owner and lessee Of required), subject to such limitations as said j Corpus chest April 2008 (c) Eligible Property. Abatement may be extended to the value of the improvements to real property, including buildings, structures, fixed machinery and equipment, and site improvements, plus that office space and related fixed improvements necessary to the operation and administration of the Facility. (d) Ineligible Property. The following types of property a are ull taxable and ineligible for abatement: land; inventories; supplies; tools; furnishings and other forms of movable personal property; vehicles; vessels; aircraft; housing; hotel accommodations; deferred maintenance investments; property to be rented or leased except as provided in Section 2(c); improvements for the generation-or-transmission of electrical energy not wholly consumed by a New Facility or expansion; any improvements, including those to produce, store or distribute natural gas, fluids or gases, which are not integral to the operation of the Facility; improvements to real property which have an economic life of less than 15 years; property owned or used by the State of Texas or its political subdivisions or by any organization owned, operated or directed by a political subdivision of the State of Texas; unless any of the above types of property are specifically authorized by the ` r i gk. (e) Period of Abatement. (1) Abatement shall maybe granted effective with the January 1 valuation date immediately following the date of execution of the Agreement. Abatement shall may be allowed for a period of five years following the completion of construction. If the period of construction exceeds two years, the Facility shall will be considered completed for purposes of abatement and in no case shall may the total period of abatement, inclusive of the construction period, exceed seven years. (2) Abatement for a Renewal Community Facility shall nay be granted effective with the January 1 valuation date immediately following the date of execution of the Agreement. Abatement shall matbe allowed for a period of two years following the completion of construction. If the period of construction exceeds two years, the Facility shall will be considered completed for purposes of abatement after the two (2) year period and in no case shall rya tine total period of abatement, inclusive of the construction period, exceed four years for a new facility and five years for a rehabilitated facility. (3) Abatement for a central Business District CB Residential Facility shall may be granted effective with the January 1 valuation date immediately following the y date of execution of the Agreement. Abatement sha# ma be allowed for a period of five years following the completion of construction. If the period of construction exceeds two years, the Facility shall will be considered completed for purposes of abatement and in no case shall may the total period of inclusive r p abatement, inclusive of the construction period, exceed seven y ears. 5 Tax Abatement Guidelines and criteria — rjr 04022008a Corpus Christi April 2008 (f) Completion of Construction. al The completion of construction shall-will be deemed to occur upon the earliest of the following events: -)-.. when a certificate of occupancy is issued for the project (if it is located within a city), (2}-B. when commercial production of a product or provision of a service is achieved at the Facility, 3)-Q when the architect or engineer supervising construction issues a certificate of substantial completion, or some similar instrument, or (4)__two (2) years after the date of the Agreement. faThe above determination shall may be made by the Eligible-poisdiEtion-gly offering the abatement, in its sole and absolute discretion, based upon the above criteria and such other factors as the jurisdiction may deem relevant. The determination of the completion of construction shall will llbe conclusive, and any judicial review of such determination shall must be governed by the substantial evidence rule. (g) Abatement Percentage. (1) Non — Renewal Community Facilities. =For a Facility which provides not less than 20 (but not more than 99) new permanent full - time jobs, the percentage of tax abated shall may be in accordance with the following schedule: Year Percentage of Abatement Construction Periods (not 100% to exceed 2 years) Year 1 50% Year 2 50% Year 3 50% Year 4 50% Year 5 50% B. that, for a Facility which provides not less than 100 (but not more than 199) new permanent full- time jobs, the percentage of tax abatement shall -ray be in accordance with the following schedule: 6 Tax Abatement Guidelines and Criteria -- rjr 04022008a Year Construction Period {not to exceed 2 years) Year 1 Year 2 Year 3 Year 4 Year 5 Percentage of Abatement (for the first $10 million in Added Value) 100% 75% 75% 75% 75% 75% Percentage of Abatement (over $10 million in Added Value) 100% 50% 50 %. 50% 50% 50% Corpus Christi April 2008 C. Provided that, for a Facility which provides at least 200 new permanent full - time jobs, the percentage of tax abatement shall may _be in accordance with the following schedule: Year Construction Period (not to exceed 2 years) Year 1 Year 2 Year 3 Year 4 Year 5 Percentage of Abatement (for the first $10 million in Added Value) 100% 100% 100 % 100% 100% 100% Percentage of Abatement (over $10 million in Added Value) 100 50% 50% 50% 50% 50% D. Provided that for a Basic Manufacturina or Service Fa flit which rovkt150_million in new • it ! investment and _ at least 10 yet pe r ermanent full time fobs, the percentage of tax abatement may be in accordance with the folio in schedule: i Tax Abatement Guidelines and Criteria -- rjr 04022008a Corpus Christi April 2006 Year Percentage of Abatement Construction Period 1 o% not a ceed ? ye r s Yr1 50% Year 2 ° Year 3 50% Year 4 50% Years 50% E. Provided that for a Basic Manufacturing or Service Facili which provides at least $500 million, in new capital investment and at least 20 net new permanent full time lobs, theereritae of tax abatement ma be in accordance with the following schedule: Year Percenta f Abatement Construction Period 100% (not to exceed 2 years) Year o Year 2 70% Year3 % Year 4 70% Year 5 7% F. In the event the Added Value caused by the Project is less than $2.0 million, no abatement shall may be granted unless the Facility is a Rehabilitation Project as described in Section 2(i). G. compliance purposes, the date for determining a permanent full - time job shall will January 1 of each year commencing with January 1 following completion of construction. The percentage of abatement provided each year under the Agreement shall will be based upon the employment information as of January 1 of such year. As a result, the actual amount of abatement may vary from year to year based upon employment levels and property valuations. For example, Company A has an abatement agreement entered 5/1/95 and projects to create 250 permanent full -time jobs. If the actual experience of Company A involves fluctuating job levels, the actual abatement under the Agreement could follow the 4follo gyring pattern: Tax Abatement Guidelines and Criteria -- rjr 04022008a Corpus Christi April 2008 Year Employment Abatement Abatement {First (Over $10mm) $10mm) 1/1/96* 0 100% 100% 1/1/97* 0 100% 100% 1/1/98 150 60% 30% 1/1/99 250 100% 50% 1/1/00 150 60% 30% 1/1/01 50 20% 10% 1/1/02 250 100% 50% *Construction Underway (2) Renewal Community Facilities A. Provided that, for a Renewal Community Facility which creates one 1 new permanent full -time job per $50,000 of Added Value to a property following the completion of construction and maintains the same level of employment for the term of the abatement agreement, the percentage of tax abated shall will in accordance with the following schedule: Year Percentage of Percentage of Abatement for Abatement for Projects Involving New Facilities Rehabilitation Construction 100% 100% Period (not to exceed 2 years) Year1 100% 75% Year 2 100% 75% Year 3 100% o B. compliance purposes, the date for determining a permanent full - time job shall r it be six months from the date of completion. The business must maintain the same level of employment or increase employment during the term of the agreement. For example: Company X is rehabilitating a building in the Renewal Community for a commercial use. The current value of the building is $250,000 and CompanyXestimatesanaddedvalueof$750,000. of The job requirement will be to create and maintain a minimum of 15 9 Tax Abatement Guidelines and Criteria -- rjr 04022008a Corpus Christi April 2008 permanent full -time positions during the term of the abatement agreement. ($750,000 I $50,000 = 15) C. For residential multi- family housing, the job creation requirement will be waived. For mixed -use facilities, the job requirement will be prorated. For example: Company Y is constructing a mixed -use facility that is 30% non - residential and the Added Value is $1 ,500,000. The job requirement will be to create and maintain a minimum of 9 permanent full -time jobs during the term of the abatement agreement. 1 ,500,000 X .30 $450,000/$50,000=9) (3) Central Business District (CBD) Residential Facilities A. Provided that, for a Central Business District (CBD) Residential Facility, the percentage of tax abated shall will be in accordance with the following schedule: Year Percentage of Abatement Construction Period (not 100% to exceed 2 years) Yearl 10 0% Year2 100% Year 3 100% Year 4 100% Year 5 100% B. Since Central Business District (CBD) Residential Facilities are residential multi- family housing, the job creation requirement is waived. (h) Living Wage Requirement. In order to count as a permanent full-time job under this tax abatement program, the job should provide a "living wage" for the employee. The target living wage under this abatement program shall-must be that annual amount equal or greater than poverty level for a family of three, established by the 2004 U.S. Department of Health and Human Services Poverty Guidelines, divided by 1820 hours per year, which is $8.60 per hour. The Governmental Unit has he right to adjust the living wage target under these Guidelines and insert a specific target in each property tax abatement agreement to govern the abatement offered under that Agreement. (i) Rehabilitation Projects. The $2 million minimum Added Value requirement for abatement shan may not apply to rehabilitation projects which involve the adaptive 10 Tax Abatement Guidelines and Criteria — r r 04022008a Corpus Christ April 2008 reuse of an existing structure or building for a Facility. In order to qualify as a rehabilitation project under this provision, the project must involve a minimum Added Value, as defined, of $250,000. Any rehabilitation project must involve the adaptive reuse of an existing structure or building currently on the property tax rolls so that the Base Year Value associated with the project will include both the value of the land and the existing improvements. For such rehabilitation projects, all Eligible Property in excess of the Base Year Value are subject to abatement plus the value of personal property such as furniture and movable equipment which would otherwise be considered Ineligible Property for any other type of abatement category. In no event, however, may the total value of personal property subject to abatement exceed $1 million or the total amount of all property subject to abatement in a rehabilitation project exceed $5 million. (j) Estimated Added Value or Added Value Requirement. At the time of execution of the tax abatement agreement, the Owner shall reasonably estimate the Added Value upon completion of construction of any improvements to real property in connection with the Project. Valuew This "Estimated Added Value" ea be stated in the Agreement. In the event that upon completion of construction of the improvements, the Added Value, as determined by the Nueces County Appraisal District, shall becomes at any time thereafter during the term of the abatement agreement be less than eighty -five percent (85%) of the Estimated Added Value, not due to circumstances beyond the control of Owner, the Owner agrees to pay an amount equal to the then current tax rate of each Eligible Jurisdiction providing abatement applied to the difference between the actual Added Value from eighty -five percent (85%) of the Estimated Added Value, multiplied by I00 minus the net percentage of Abatement provided under the Agreement. For the purposes of this provision, the term "circumstances beyond the control of Owner" shall include casualty losses, national economic factors, shutdowns due to governmental regulations, strikes, acts of war, and the like. The formula for calculating such additional tax is outlined as follows: [Tax Rate] x [ (85% of Est. Added Value - Actual AV) x {100% - Abatement%)] Additional Tax (k) Properties in Industrial Districts. For eligible property to be constructed in an area which is covered by an executed industrial district agreement with the City, the method of calculating payments in lieu of property taxes for such eligible property shall must as set forth in the industrial district agreement. As an alternative to an industrial district agreement, an eligible property may be covered by a tax abatement agreement under which the tax abatement would become effective upon annexation of the ro erg by the pity,, but the execution of the tax abatement agreement would constitute an election by the Owner that the land and improvements shall may_not be included within any type of industrial district arrangement following the expiration of the tax abatement agreement. 11 Tax Abatement Guidelines and Criteria -- ddr 04022008a (1) Economic Qualification In order to be eligible for tax abatement, the planned improvement: cement: � w f i i i t i i • � # i � Corpus Christi April 2008 (1) must create no later than the January 1 following the completion of construction and maintain throughout the remainder of the term of the Agreement the minimum number of impermanent full -time jobs in the City of. Qpnys,QtirEi; or (2) for Renewal Community Facility, must create within six months following the completion of construction one new permanent full - time job per $50,000 of Added Value to a property and maintain the same level of employment or increase employment during the term of the abatement agreement. If the project is a mixed-use facility, the job requirement will apply to the nonresidential improvement and will be prorated as described in Section 2 2 c ; (3) must not adversely affect competition in the local market with established local businesses. (m) Taxability. From the execution of the Agreement to the end of the abatement period, taxes gibe payable as follows: (1) The value of Ineligible Property as provided in Section ire_ fully taxable (except for personal property added in connection with a Rehabilitation Project); (2) The Base Year Value of existing Eligible Property as determined each year be are fully taxable; and (3) The Added Value of new Eligible Property (and certain personal property added in connection with a Rehabilitation Project) shall maybe taxable in the manner described in Section 2(g) above. (4) The Added Value of ne rprp erty not related to the "New Facility." In) Environmental and Worker Safety Qualifications. in determining whether to grant a tax abatement consideration will be • iven to corn • fiance with all state and federal laws desi ned to • mitect human health welfare and the environment "environmental laws" that are a the facili 0• licable to facilities in the State f Texas owned or o OZ rated b the owner of or lessee its arent subsidiaries and if a 'oint venture or arttner-shi • eve member of the 'pint venture or • artnershi "a •• licants" Consideration ma also be giyen to compliance with environmental and work er safety laws by aoolicants at other facilities within the United States. section 3. Application. (a) Written Application. Any present or potential owner of taxable property may request tax abatement by filing a written application withr{E} the City Manager of the City, if such 12 Tax Abatement Guidelines and Criteria -- rjr 04022008a property is within the city limit Corpus Christi April 2008 (b) Contents of Application. The application shall consists of a completed application form accompanied by: a general description of the new improvements to be undertaken; a descriptive list of the improvements for which abatement is requested; a list of the kind, number and location of all proposed improvements of the property; a map and property description; and a time schedule for undertaking and completing the proposed improvements. In the case of a modernization or expansion project, a statement of the assessed value of the Facility, separately stated for real and personal property, shall must be given for the tax year immediately preceding the application. The application form may require such financial and other information as the City, . , deems appropriate for evaluating the financial capacity and other relevant factors of the applicant. (c) Written Notification to Governing Bodies. Upon receipt of a completed application, the City Manager shall forward a copy of the application to the presiding officer of the governing body of each Eligible Jurisdiction having jurisdiction of the property covered by the application. (d) Feasibility. After receipt of an application for abatement, the City , shall consider the feasibility and the impact of the proposed tax abatement. The study of feasibility shall must incl de, but not be limited to, an estimate of the economic effect of the abatement of taxes and the benefit to the i Cat and the property to be covered by such abatement. (e) No Abatement if Construction has Commenced. No tax abatement agreement shall- may be approved if the application for the abatement was filed after the commencement of construction, alteration or installation of improvements related to the proposed Modernization, Expansion or New Facility. (f) Variance. Requests for variance from the provisions of Section 2 of these guidelines may be made in written form, provided, however, that no variance may extend the term of abatement beyond five years after completion of construction. Such requests shall must include a complete description of the circumstances explaining why the applicant should be granted a variance. Approval of a request for variance requires a three- fourths (3/4) vote of the governing body of each Eligible Jurisdiction providing abatement. section 4. Public Hearing and Approval. (a) Designation of Zone. A resolution designating a zone for tax abatement under the Act may not be adopted by the City until a public hearing has been held at which interested persons are entitled to speak and present evidence for or against the designation. Notice of the hearing shalt must be provided to each Eligible Jurisdiction and to the public in the manner required by the Act. 13 Tax Abatement Guidelines and Criteria -- rdr 04022008a Carpus Christi April 2008 (b) Zone. According to Chapter 312 of the Texas Tax Code1 a designated Texas Enterprise Zone constitutes designation as a Reinvestment Zone without further hearing or other procedural requirements. Under Chapter 2302 of the Texas Government Code, a federally designated Renewal Community or Census Block Group with poverty greater than 20% constitutes designation as a Texas Enterprise Zone. Therefore, the Renewal Community is a Reinvestment Zone, without further hearing. (c) Required Findings. In order to enter into a tax abatement agreement, the County-or City must find that the terms of the proposed Agreement meet these Guidelines and Criteria. (d) Reservation of Rights. Nothing herein shall may be construed to limit the authority of the City to examine each application for tax abatement before it on a case -by -case basis and determine in its sole and absolute discretion whether or not the proposed project should be granted temporary tax abatement and whether or not it complies with these Guidelines and Criteria, is feasible, and whether or not the proposed temporary abatement of taxes will inure to the long- term benefit of such .. City. Section 5. Agreement. (a) Contents of Tax Abatement Agreement. The tax abatement agreement with the Owner of the Facility shall must include: (1) the estimated value to be subject to abatement and the Base Year Value; (2) the percentage of value to be abated each year as provided in Section 2(43); (3) the commencement date and termination date of abatement; a provision that the term of the Agreement shall r a extend until five (5) years after the expiration of the period of tax abatement; (5) the proposed use of the Facility, nature of construction, time schedule, map, property description and improvements list as provided in the application as required; the contractual obligations in the event of default, delinquent taxes, recapture, administration and assignment as provided in these Guidelines or other provisions that may be required for uniformity or by state law; and (7) the amount of Added Value and required number of permanent full -time jobs. 8 re • uirement that owner shall certi to the Ci on or before A • ril 1 each ear that the owner is in corn Hance with each a 6• livable term of the a reement. 14 Tax Abatement Guidelines and Criteria — rjr 04022008a Corpus Christi April 2008 L9)reiv(rement that the owner or lessee will a) obtain and maintain all required , rmits and other authorizations from the United States Environmental Protection enc and the TCE for the construction and ' i v nd eratron the Facrll and for thetoraqe. ran §port and disposal of solid waste* and b seek a pprmit ,rr the TCE + for all • randfathered units on the site of the Facil b Min • with the TCEQ within three ears of receivin the abatement a technicall corn • lets a lication for such a permit. (b)Time of Execution. The tax abatement agreement shall must nomialiy be executed wi Corpus Christi April 2008 without abatement, for that tax year shall must be paid within 60 days from the date of termination. Notice of Default. Should the * ' i ■ City providing abatement determine that the owner is in default according to the terms and conditions of its Agreement, it shall notify the Owner in writing at the address stated in the Agreement that if such is not cured within 60 days from the date of such notice (the "Cure Period"), then the Agreement may be terminated. In the event the Owner fails to cure said default during the Cure Period, the Agreement may be terminated and the taxes abated by virtue of the Agreement wilt be recaptured and paid as provided herein. (e) Actual Capital Investment. Should the juncdistion ■ city providing abatement determine that the total level of capital investment in eligible property is lower than provided in the Agreement, the difference between the tax abated and the tax which should have been abated based upon the actual capital investment as determined shall must e paid to the taxing agencies within 60 days of notification to the Owner of such determination. Reduction in Rollback Tax Rate. LU If during any year of the period{ of abatement with respect to any property any portion of the abated value which is added to the current total value of the Eligible juricdictionCitv but is not treated as "new property value" (as defined in Section 26.012(17) of the Texas Tax Code) for the purpose of establishing the "effective maintenance rate" in calculating the "rollback tax rate" in accord with Section 26.04(0(2) of the Texas Tax Code and if the City's, budget calculations indicate that a tax rate in excess of the "rollback tax rate" is required to fund the operations of the Eligible-jufisdietion-2y for the succeeding year, then the .. Qity shall recapture from the taxpayer a tax in an amount equal to the lesser of the following: 4A -The amount of the taxes abated for that year by the Eligible- jurisdiction City with respect to such taxpayer. (2-)-B. The amount obtained by subtracting the rollback tax rate computed without the abated property value being treated as new property value from the rollback tax rate computed with the abated property value being treated as new property value and multiplying the difference by the total assessed value of the i ■ . i i pity. La If the gigible4urisdistien has granted an abatement of taxes to more than one taxpayer, then the amount of the recapture calculated in accord with subparagraph (2) above shall must be prorated on the basis of the amount of the abatement with respect to each taxpayer. al All recaptured taxes must be paid within thirty (30) days after notice thereof has been given to the affected taxpayer. Penalty and interest shall-play not 16 Tax Abatement Guidelines and Criteria -- rjr 04022008a Corpus Christi April 2008 begin to accrue upon such sum until the first day of the month following such thirty (30) day notice, at which time penalty and interest shatkaccrues in accord with the laws of the State of Texas. (g) Continuation of Tax Lien. The amount of tax abated each year under the terms of these Guidelines and the Agreement shall must secured by a first and prior tax lien which shall continues in existence from year to year throughout the entire term of the Agreement or until all taxes, whether assessed or recaptured, are paid in full. (h) kujomatic Termination. The A. reement automatically terminates on and as of the date an of the followin • events occur: the film • of a ' etition in bankru • tc b the Owner or the makin • b the Owner of an assi nment for the benefit of creditors' or if an‘Linvoluntary petition in bankruptcy or petition for an arran.ement •ursuant to the federal bankr • tc code is filed a • ainst the Owner or if a receiver is a • .. inted for the businessofthe of he Owner. In the event of automatic termination for arty-- of the above ,reasons. h prior notice of default provisions insubsection(d) above does not apply. Section 7. Administration. (a) Annual Assessment. The Nueces County Appraisal District shall annually determine an assessment of the real and personal property subject to an Agreement. Each year, the Owner shall furnish the Appraisal District with such information as may be necessary for the abatement. Once value has been established, the Appraisal District shall notify the affected jurisdictions which levy taxes of the amount of the assessment and the abatement. (b) Access to Facility. The Agreement shall must stipulate that employees and/or designated representatives of the . . pity will have access to the Facility during the term of the Agreement to inspect the Facility to determine if the terms and conditions of the Agreement are being met. All inspections will be made only after giving 24 hours prior notice and will only be conducted in such manner as to not unreasonably interfere with the construction and/or operation of the Facility. All inspections will be made with one or more representatives of the Owner and in accordance with its safety standards. (c) Annual Evaluation. Upon completion of construction, the i i itv, individually or in conjunction with other affected jurisdictions, shall annually evaluate each Facility receiving abatement to ensure compliance with the Agreement and report possible violations of the Agreement. (d) Annual Reports. The Owner shall certify to the goveming-body-of-the-Eligible- AniseliGtion-qty Council on or before April 1 each year that the Owner is in compliance with each applicable term of the agreement. Additionally, during the initial four years of the term of property tax abatement, the Owner shall provide to the + + . City approving the abatement an annual report covering those items listed on p g Schedule 'l in order to document its efforts to acquire goods and services on a local basis. Such annual report shall-must be prepared on a calendar year basis and 17 Tax Abatement Guidelines and Criteria -- rjr 04022008a Corpus Christi April 2008 submitted to the .. gb no later than ninety (90) days following the end of each such calendar year. The annual report shall rrtbe accompanied by an audit letter prepared by an i Corpus Christi April 2008 SCHEDULE 7 "Buy Local" Annual Reports The following information shall must be reported to the Governmental Unit on a calendar -year basis during the first four years of the tax abatement program: 1. Dollar amount spent for materials* (local). 2. Dollar amount spent for materials* (total). 3. Dollar amount spent for labor** (local). 4. Dollar amount spent for labor ** (total). 5. Number of jobs created in the construction project (local). 6. Number of jobs created in the construction project (total). 7. Number of jobs created on a permanent basis (local)-and- wages-paid-to-employees 8. Number of jobs created on a permanent basis (total). * "Materials" is defined to include all materials used in excavation, site improvement, demolition, concrete, structural steel, fire proofing, piping, electrical, instruments, paintings and scaffolding, insulation, temporary construction facilities, supplies, equipment rental in construction, small tools and consumables. This term does not include major items of machinery and equipment not readily - available locally. ** "Labor" is defined to include all labor in connection with the excavation, site improvement, demolition, concrete construction, structural steel, fire proofing, equipment placement, piping, electrical, instruments, painting and scaffolding, insulation, construction services, craft benefits, payroll burdens, and related labor expenses. This term does not include engineering services in connection with the project design. The term "local" as used to describe manufacturers, suppliers, contractors and labor shall includes firms, businesses, and persons who reside in or maintain an office in either Nueces County or San Patricio County. 19 Tax Abatement Guidelines and Criteria -- rjr 04022008a Tax Abatement Guidelines and Criteria Economic Development Office April 8, 2008 Tax Abatement O Local governments often use tax abatement to attract new industry and commercial enterprises and to encourage the retention and development of existing businesses ❑ The initiation of the agreement depends upon the location of the property subject to tax abatement ❑ Tax abatement involves six (6) steps for any participating taxing unit I Step 1 o Each taxing unit wanting to consider tax abatement proposals must adopt a resolution indicating its intent to participate in tax abatement ❑ The resolution is an "intent" to participate; does not bind the government to grant approval Step 2 -IJ O Adopt tax abatement guidelines and criteria ✓ The guidelines and criteria are a set of conditions that any tax abatement proposal must meet in order to be eligible for tax abatement by the involved taxing unit. ❑ Effective for a period of two (2) years O Must provide for the availability of tax abatement to both new and expanding facilities and structures 2 Step 2 (cont.) ❑ The guidelines do not limit a governing body's discretion to choose whether or not to enter into any particular abatement agreement 0 Each taxing unit may have a different set of guidelines and criteria that it adopts 0 Local governments frequently adopt similar guidelines and criteria to make participation more convenient for businesses. Step 3 ❑ The lead taxing unit must declare an area as a "reinvestment zone" O Designation must be made by ordinance, hold a public hearing, provide notice to public ❑ Governing body must find that the improvements sought are feasible and practical and would be a benefit to the zone O Governing body must find the designation of the zone is reasonable, likely to contribute to the retention or expansion of primary employment or to attract major investment to the zone 3 0 Written notice of intent to enter into the agreement must be sent at least seven (7) days prior to granting an agreement to each taxing unit in which the property is located 0 Only the increase in the value of the property may be exempted L-- Step 5 0 Tax abatements must be approved by majority vote of its governing body at its regularly scheduled meeting 4 Step 6 ❑ ether taxing units are not required to provide an abatement ❑ There is no deadline for the remaining taxing units to execute their abatement agreement ✓ Each taxing unit may adopt an agreement with varying terms from the agreement adopted by the City Proposed Tax Abatement Guidelines and Criteria v Authorized facilities that may be eligible include: • Basic Manufacturing or service facility • RegionaI distribution center • Regional telecommunications /data processing ■ Regional visitor /amusement facility • Enterprise Zone residential redevelopment ■ Central Business District residential facility • Petrochemical facility 5 Eligible and Ineligible Property Eligible: ❑ Abatement may be extended to the value of the improvement to real property (buildings, structures, famed machinery and equipment, site improvements) ❑ Abatement will not be considered for projects with less than $2 million in added value; exceptions will be made for rehabilitation projects Ineligible: ❑ Land, inventories, supplies, tools, furnishings, other forms of movable personal property, vehicles, vessels, aircraft, housing, hotel accommodations, deferred maintenance investments Period of Abatement ❑ Granted effective with the January 1 valuation date immediately following the date of execution of the agreement ❑ Allowed up to five years following completion of construction ❑ Total period of abatement shall not exceed seven (7) years (inclusive of construction perio ❑ Abatement for Renewal Community facility shall not exceed four years for new facility and five years for a rehabilitated facility (inclusive of construction period) ❑ Abatement for Central Business District Residential Facility shall not exceed seven years (inclusive of construction period) J 6 Completion of Construction Upon one of the following events: 0 When a certificate of occupancy is issued o When commercial production of a product or provision of a service is achieved o When the architect or engineer supervising construction issues a certificate of substantial completion O Two (2) years after the date of the agreement Abatement Percentage Non - Renewal Community Facility Facility which provides not less than 20 (no more than 99) new permanent full -time jobs, the following schedule shall apply: Year Percenta e of Abatement Construction Period 100% Year 1 50% Year 2 50% Year 3 50% Year 4 50% Year 5 50% Abatement Percentage Non - Renewal Community Facility Facility which provides not less than 100 (no more than 199) new permanent full -time jobs, the following schedule shall apply: Year Construction Period Year 1 Year 2 Year 3 Year 4 Year 5 Percentage of Abatement (first UM In added value) 100% 75% 75% 75% 75% 75% Percentage of Abatement (over 1 OM 100% 50% 50% 50% 50% 50% I_ Abatement Percentage Non - Renewal Community Facility Facility which provides at least 200 new permanent full -time jobs, the following schedule shall apply: Year Construction Period Year 1 Year 2 Year 3 Year 4 Year 5 Percentage of Abatement (first 10M in added value) 100% 100% 100% 100% 100% 100% Percentage of Abatement (over V 100°% 50% 50% 50% 50% 50% 8 Abatement Percentage Non - Renewal Community Facility Basic Manufacturing or Service Facility which provides at least $150 million in new capital investment and at least 10 new permanent full -time jobs, the following schedule shall apply: Year Percentage of Abatement Construction Period 100% Year I 50% Year2 50% Year 3 50% Year 4 50 % Year 5 50% Abatement Percentage Non-- Renewal Community Fac Basic Manufacturing or Service Facility which provides at least $500 million in new capital investment and at least 20 new permanent full - time jobs, the following schedule shall apply: Year Percn_f Abatement Construction Period 100% Year 1 70% Year 2 70% Year 3 70% Year 4 70% Year 5 70% 9 F-- Abatement Percentage Renewal Community Facility -ffi Facility which creates one (1) new permanent full- time job per $50,000 of added value to a property, the following schedule shall apply: Year Percentage of Percentage of Abatement -Rehab Abatement- New Construction Period 100% 100% Year 1 100% 75% Year 2 100% 75% Year 3 100% 0% Renewal Community Facility O Residential multi - family housing - Job creation requirement will be waived O Job creation will be prorated for mixed -use facilities 10 Central Business District Residential Facilities Residential multi-family housing Year Percentage of Abatement Construction Period 100% Year 1 100% Year 2 100 % Year 3 100% Year 4 100% Year 5 100% Rehabilitation Projects ❑ Rehabilitation projects involve the adaptive reuse of an existing structure or building for a facility ❑ Project must have a minimum added value of $250,000 in All eligible property in excess of the base year value will be subject to abatement plus the value ofpersonal property (furniture, movable equipment) ❑ Personal property subject to abatement may not exceed $1 milli I- Environmental and Worker Safety Qualifications i-i 0 Consideration will be given to compliance with all state and federal laws designed to protect human health, welfare, and environmental Taws applicable to facilities in the State of Texas L Application Requirements ❑ Application must be filed with the City Manager O Included must be a general description of the new improvements ❑ A descriptive list of improvements ❑ Map and property description O Timeline for proposed improvements ❑ Other requested information as deemed appropriate for evaluating the financial capacity and other relevant factors of the applicant City shall consider an economic impact analysis for the proposed abatement 12 II Tax Abatement Agreement Each agreement shall include: O Estimated value to be subject to tax abatement and the base year value O Percentage of value to be abated each year O Commencement ement and termination date ofthe abatement O Provision that the term ofthe agreement shall extend up to five years after the expiration ofthe period of tax abatement O Proposed use of the facility, nature of construction, timeline, map, property description and improvements list Tax Abatement Agreement (cont.) ❑ Contractual obligations in the event of default, delinquent taxes ❑ Amount of added value and required number of permanent full -time jobs O Requirement that owner shall certify to the City on or before April 1 each year that owner is in compliance with applicable terms O Requirement that owner will obtain and maintain all required permits and other any other authorization from the U.S. Environment Protection Agency and the TCEQ 13 Recapture ❑ In the event facility does not begin operation with the required minimum number of permanent full- time jobs by the January 1 following completion of construction no tax abatement shall be given for that tax year. ❑ Abatement agreement will terminate and all abated taxes during the period of construction shall be recaptured and paid within 60 days if facility does not begin by the next January 1 Recapture (cont.) O In the event the facility is completed and operations begin subsequently but eq discontinues operations and required number of jobs during any four (4) consecutive weeks (except on a tern basis due to fire temp fire, explosion, natural disaster) the agreement may be terminated by the City and all taxes previously abated shall be recaptured O In the event the owner becomes delinquent on ad valorem taxes the agreement shall terminate O If the total capital investment is lower than provided in the agreement, the City may terminate the agreement O Automatic termination shall occur if bankruptcy is filed by the owner 1 14 Administration ❑ Nueces County Appraisal District shall annually determine an assessment of the real and personal property subject to an agreement ❑ City shall annually evaluate each facility receiving abatement to ensure compliance D Recipients of tax abatement shall agree to give preference and priority to local manufactures, suppliers, contractors and labor where reasonably possible to do so ❑ City Council may modify or cancel the agreement if owner fails to comply ❑ Projects which obtained abatement within the last 12 months prior to the revised guidelines may obtain an amendment to incorporate the new terms Required Council Action ❑ Any modifications to the adopted guidelines and criteria prior to the two (2) year expiration date will require athree- fourths vote. 1 5 r II QUESTIONS? 26 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 8, 2008 AGENDA ITEM: A. Public hearing to consider designating the Barney M. MDavis Plant a reinvestment zone within the City of Corpus Christi, Texas, under the Property Redevelopment and Tax Abatement Act (Chapter 312 of the Texas Tax Code). B. An ordinance designating the Barney M. Davis Plant reinvestment zone, within the City of Corpus Christi, Texas, under the Property Redevelopment r delpnt rid Tax Abatement Act (Chapter 312 of the Texas Tax Code )• and ' declar�n an emergency. C. Resolution authori in the � execution of an agreement with Barney M. Davis, LP, for temporary ' r` property tax abatement. ISSUE: The designation of the Reinvestment ment Zone for the Barney M. Davis Plant by a city ut be made by ordinance in order that the County ma y participate in tax abatement. In accordance with Chapter 312 of the Texas Tax Code a public hearing g i s required by State law prior to designating a Reinvestment Zone. PRIOR COUNCIL ACTION: Council approved a 380 agreement for Barney Davis, LP 2008. ]� and Nueces Bayou March 25, CONCLUSION AND RECOMMENDATION: Approval of the Ordinance designating the Barney M. M Davis Plant as a Reinvestment Zone and approval of an agreement with Barney M. Davis, LP, for temporary property tax abatement. LL r , • CbaII:ipjrector Economic Development BACKGROUND INFORMATION On March 19, 2008, the Nueces County Commissioner's Court approved tax abatement for the Barney M. Davis Plant contingent upon the City of Corpus Christi designating the Barney M. Davis Plant area as a reinvestment zone as required by the Texas Tax Code, Chapter 312.204, and offering tax abatement. The City desires to encourage redevelopment of areas for the creation and retention of new and exiting jobs for are investment that will benefit the area economy. The Barney M. Davis Power Plant will have a total capital investment of $445,000,000, retain 25 full -time jobs, and create 10 full - time jobs with an average annual salary of $75,000. The Barney M. Davis Power Plant is requesting tax abatement for the period of construction, not to exceed two (2) years in accordance with the City's Tax Abatement Guidelines and Criteria and designation of the area as a Reinvestment Zone. A public hearing is required prior to the creation of the reinvestment zone and obtains public comment on this designation. The Barney M. Davis Power Plant is located at 4301 Waldron Road, and the boundaries of this plant are described in Exhibit "A.,' The Tax Abatement Guidelines state that a facility may be eligible for tax abatement if it is a "Basic Manufacturing or Service Facility, Regional Distribution Center, Regional Telecommunications/Data Processing Center facility, Regional visitor Amusement Facility, Enterprise Zone Residential Redevelopment Facility, Central Business District (CBD) Residential Facility and Petrochemical Facility." The Barney M. Davis plant is a basic manufacturing or service facility. This tax abatement agreement is designed to cover the two (2) year construction period before the 380 agreement approved by the City Council on March 25, 2008, takes effect. It will only apply to the new capital construction at the plant. The value of the land comprising the property will be taxed at full value. The base year value of existing improvements comprising the property are also fully taxable, as well as the value of ineligible property. Ineligible property is defined as land, inventories, supplies, tools, furnishings and other forms of movable personal property, vehicles, vessels, aircraft, housing, hotel accommodations, deferred maintenance investments, improvements forthe transmission of electrical energy, improvements to real property with an economic life of less than 15 years, and property owned or used by the State of Texas or its political subdivisions. The estimated added value ($310,000,000) of eligible property (buildings, structures, fixed machinery, equipment, site improvements) added during the construction period, will be subject to abatement under the tax abatement agreement at 100%. Assuring the added value totals $31 o million, the maximum annual ad valorem taxes abated in this agreement will be approximately $1. million. Tax abatement will ensure the redevelopment of the Barney M. Davis Plant as an electrical generation facility that can provide power to help meet the needs of the local community, industry, and the states power grid. AN ORDINANCE DESIGNATING THE BARNEY M. DAVIS PLANT REINVESTMENT ZONE, WITHIN THE CITY OF CORPUS CHRISTI, TEXAS, UNDER THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT (CHAPTER 312 OF THE TEXAS TAX CODE); AND DECLARING AN EMERGENCY WHEREAS, the Texas Property Redevelopment and Tax Abatement Tax (the "Act "), Texas Tax Code, Chapter 342, as amended, authorizes the City Council of the City of Corpus Christi to designate a zone for property tax abatement under the Act; and WHEREAS, it is the policy of the City to encourage the redevelopment of areas wherein the creation and retention of new jobs and investment will benefit the area economy, provide needed economic opportunities, strengthen the real estate market, and generate tax revenues to support local services; and WHEREAS, on Tuesday, April 1, 2008, notice of a public hearing on the designation of such Zone was published in a newspaper of general circulation in the City of Corpus Christi, and on Tuesday, April 1, 2008, notice was given by U.S. mail, certified, postage prepaid, return receipt requested, to the presiding officer of the governing body of each taxing unit including property in the proposed Zone in accordance with the Act; and WHEREAS, the City Council of the City of Corpus Christi conducted a public hearing on Tuesday, April 8, 2008, at which all interested persons were entitled to speak and present evidence for or against the designation of a zone for temporary property tax abatement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Creation of Zone. The City of Corpus Christi finds and determines that the improvements proposed by Bamey M. Davis, LP, within the Reinvestment Zone are feasible and practical and would be a benefit to the land to be included in the Bamey M. Davis Plant Reinvestment Zone, and to the City, after any tax abatement agreements entered into under the Act have expired. The area to be designated as the Barney M. Davis Plant Reinvestment Zone under the Act is reasonably likely, as a result of the designation, to contribute to the expansion of primary employment and will attract major investment in the Zone that would be a benefit to the property and would contribute to the economic development of the City. The Barney M. Davis Zone is located at 4301 Waldron Road, Corpus Christi, Texas, and the boundaries are more particularly described on Exhibit A attached to this ordinance and incorporated into this ordinance by reference. 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 BMD reinvestment zone ord rir 03272008 regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 8th day of April, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: April , 2008 R. J r it Fi As istant Cs Attorney For City Attorney BMD reinvestment zone and -- rdr 03272008 2 Corpus Christi, Texas day of , 2008 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: 1/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 The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel' Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon BRAD reinvestment zone ord -- rjr 03212008 3 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BARNEY M. DAVIS, LP, PROVIDING FOR TEMPORARY PROPERTY TAX ABATEMENT WHEREAS, the Texas Property Redevelopment and Tax Abatement Act {the "Act " }, Texas Tax Code, Chapter 312, as amended, authorizes the City of City of Corpus Christi, Texas (the "City") to enter into tax abatement agreements for projects meeting the guidelines and criteria for granting tax abatement duly adopted by the City; and WHEREAS, an application for temporary tax abatement has been filed with the City by Topaz Power Management, LP on behalf of Bamey M. Davis, LP, for the construction of improvements to facilities in the City; and WHEREAS, the property to be covered by the proposed tax abatement agreement is located in the city limits of the City of Corpus Christi within an area designated as a reinvestment zone eligible for property fax abatement under the provisions of the Act; and WHEREAS, the project is not located on property that is owned or leased by a person who is a member of the city council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council finds and determines that the terms of the proposed agreement with Bamey M. Davis, LP, providing for temporary property tax abatement and the property subject to the proposed agreement meet the applicable guidelines and criteria, as amended, adopted by the City. The City Council further determines that the proposed project is feasible and the proposed temporary abatement of taxes will inure to the long term benefit of the City. SECTION 2. The Tax Abatement Agreement with Bamey M. Davis, LP, attached in substantial form as Exhibit A, is approved, and the City Manger is authorized to execute the agreement. Adopted at a regular meeting of the City Council on the 8th day of April 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Tax Abatement Agreement Resolution — rjr 03272008 Henry Garrett Mayor 2 APPROVED AS TO FORM: March 31, 2008 R. J R Wing Firs Assistant C' Attorney For the City Attorney Tax Abatement Agreement Resolution — rjr 03212008 2 Corpus Christi, Texas of 2008 0 The above resolution was passed by the foliowing vote: Henry Garrett Melody Cooper LarryElizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Tax Abatement Agreement Resolution — rjr 03272008 3 3 TAX ABATEMENT AGREEMENT This Tax Abatement Agreement ("Agreement") is made and entered into by and between the City of corpus Christi ("City") and Barney 111 I. Davis, LP ("Owner"), the owner of taxable property in Nueces County, Texas, ("Property"). Section 1. AUTHORIZATION This Agreement is authorized by the Texas Property Redevelopment and Tax Abatement Act, Texas Tax Code, chapter 312, as amended ("Act"), and is subject to the laws of the State of Texas and the charter, ordinances, and orders of the City. Section 2. DEFINITIONS (a) As used in this Agreement, the following terms shall have the meanings set forth below: (1) "Abatement" means the temporary, full or partial exemption from ad valorem taxes of certain added value to real and personal property in a zone designated for economic development purposes under the Act. (2) "Added Value" means the increase in the assessed value of an eligible property as a result of "expansion" or "modernization" of an existing facility or construction of a "new facility." It does not mean or include "deferred maintenance." (3) "Base Year Value" means the assessed value of eligible property as of the January 1 preceding the execution of this Agreement plus the agreed upon value of eligible property improvements made after January 1, but before the execution of the Agreement. "Basic Manufacturing or Service Facility" means buildings and structures, including fixed machinery and equipment not elsewhere described, used or to be used for the production of products or services, which derive a majority of revenue from points beyond a 50-mile radius of Nueces county. "Deferred Maintenance" means improvements necessary for continued operations which do not improve productivity or alter the process technology. "Economic Life" means the number of years a property improvement is expected to be in service in a Facility. "agible Property" means the buildings, structures, site improvements, and fixed equipment necessary to the operation and administration of the Facility to be constructed under this Agreement. During the construction of the Eligible Property, the Owner may make the change orders to the Eligible Property as are reasonably necessary to accomplish its intended use, provided that no the 1 Agmt Topa Power-BMD City -- rjr 04022008b change order may be made which will change the qualification of the project as a "Basic Manufacturing or Service Facility" above. (8) "Expansion" means the addition of buildings, structures, fixed machinery or equipment for the purposes of increasing capacity. (9) " alit " means property improvements completed or in the process of construction which together compromise an integral whole of a Basic Manufacturing or Service Facility. (10) "Modernization" means the replacement and upgrading of existing facilities which increase the productive input or output, updates the technology or substantially lowers the unit cost of the operation, and extends the economic life of the facilities. Modernization may result from the construction, alteration or installation of buildings, structures, fixed machinery or equipment. It shall not be for the purpose of reconditioning, refurbishing, repairing or completion of deferred maintenance. (11) "New Facility" means a property previously undeveloped which is placed into service by means other than or in conjunction with an expansion or modernization. (b) The Guidelines and Criteria for Granting Tax Abatement adopted b y the Cfty are incorporated as a part of this Agreement. Except as the same may be modified in this Agreement, all definitions set forth in the Guidelines and Criteria are applicable to this Agreement. Section 3. PROPERTY (a) The Property is an area within Corpus Christi, Texas, located in whole or in part i r jurisdiction f r � . p within the of the City, as is more fully described in Exhibit A, which is attached to and made a part of this Agreement. The Property is located within a reinvestment zone for tax abatement established under Chapter 312 of the Texas Tax Code, as amended, by the City. The Nueces County Appraisal District has established the following values for the Property as of the January 1, 2007, valuation date prior to the date of execution of this Agreement. Account No. 2040 -0001 -001 5 Land $2,888,954 Improvements $4,224,410 Account No. IB 19 -9100 Personal Property $180,000 2 Agent -Topaz Power -BMD City __ rjr 04022008b (c) The City and the Owner agree that the value of any additions to the Improvements made after January 1, 2008, or not otherwise reflected on the above valuation of Improvements is: Additional Improvements: $o (d) Addition of the above amount to the valuation of the improvements as of the January 1, 2008, valuation date prior to the date of execution of this Agreement results in a Base Year Value as follows: Base Year Value: $6,793,364 Section 4. TERM OF ABATEMENT AND AGREEMENT (a) The City agrees to abate the ad valorem taxes on the Eligible Property under this Section and Sections 5 and 6 of this Agreement. The Abatement becomes effective with the January 1 valuation date immediately following the date of execution of this Agreement. The Abatement continues for a period of two (2) years expiring December 31, 2010. The period of Abatement provided by this Agreement coincides with the tax years commencing on January 1, 2009 and expiring on December 31, 2010. (b) Notwithstanding subsection (a) of this section, this Abatement Agreement is automatically extended to the extent necessary to recapture any abated taxes and secure payment by the Owner under the provisions of Section 8. Section 5. TAXABILITY (a) During the period that the Abatement is effective, taxes are payable as follows: (1) The value of the land comprising the Property is fully taxable; (2) The Base Year Value of existing Improvements comprising the Property are fully taxable; (3) The value of Ineligible Property are fully taxable; and (4) The Added Value of Eligible Property will be abated under Section 6 of this Agreement. Section 6. AMOUNT OF ABATEMENT (a) Abatement Percentage. The Abatement provided by this Agreement is based upon the Added Value of Eligible Property as a result of the project. The Project has been identified as a Basic Manufacturing or Service Facility; therefore, the percentage of tax abatement authorized in this Agreement is computed under the following schedule: 3 Agmt -Topaz Power -B D City -- rjr 04022008b Year Percentage of Abatement Yearl* 100% Year 2* 100% *This period is during construction only, and prior to the date the improvements are placed in service. (b) Estimated Added Value. At the time of execution of this Agreement, the Owner reasonably estimates and represents to the City that the Added Value comprising permanent improvements upon completion of construction phase shall be: $310,000,000 ("Estimated Added Value"). (c) Exclusion of Exem�t Pro • ert . In determining the Added Value for abatement under this Agreement, all types of exempt property qualifying as pollution control facilities, shall be excluded. The only property that may be included for the purposes of determining Added Value is property that will be normally taxable by the City during the term of this Agreement. Section 7. CONTEMPLATED IMPROVEMENTS (a) Completion of Facitti. Owner represents that it will develop the Facility for the purpose and in the manner as set forth in the Project Description, attached as Exhibit B. During construction, the Owner may make change orders to the project as are reasonably necessary, provided that no change order may be made that will change the qualification of the project as a "Facility's under this Agreement and the Guidelines for Granting Tax Abatement approved by the City. All improvements must be completed under all applicable laws, ordinances, rules, or regulations. During the term of this Agreement, use of the Property is limited to the operation of the Facility described in the Project Description consistent with the general purpose of encouraging development or redevelopment of the zone during the period of this Agreement. (b) Best Available Technol• . Owner agrees to utilize the best available, commercially feasible technology, as determined and approved by permitting actions of the Texas Commission on Environmental Quality, for any new equipment or systems installed as part of the construction of the facility that would have an impact on air quality in Nueces County, Texas. Owner further agrees to design and construct the facility so that it will comply with all existing provisions of any and all existing water quality permits. (c) New Jobs. Owner represents and warrants that this Facility, in conjunction with the companion facility to be completed under the separate Agreement with Nueces Bay WLE, LP, will add at least 35 additional permanent jobs. (d) tTransferLmD1qyment. The Facility is not expected to solely or primarily have the effect of transferring employment from one part of Nueces County to another. Agmt-Topaz Power -BML City — rjr 04022008b Section 8. EVENTS OF DEFAULT AND RECAPTURE (a) Failure to Commence 0 .eration Dunn. Term of A• regiment. In the event that the Facility is not completed and does not begin operation by the January 1 following the completion of construction, no abatement will be given for that tax year, and the full amount of taxes assessed against the property is due and payable for that tax year. In the event that the Owner fails to begin operation by the next January 1, then the Abatement Agreement terminates and all abated taxes during the period of construction must be recaptured and paid within 60 days of the termination. (b) Discontinuance of Operations During Term of Agreement. In the event the Facili is ti � completed and begins operation with the required minimum number of permanent jobs, but subsequently discontinues operations on any January 1 during the term of the Agreement after the completion of construction, for any reason except on a temporary basis due to fire, explosion, or other casualty, accident, or natural disaster, the Agreement may be terminated by the City, and all taxes previously abated by virtue of the Agreement may be recaptured and must be paid within 60 days of the termination. (c) Abatement Contingent Upon Total Capital inroen. The tax abatement under this Agreement is contingent upon the Owner investing a minimum of $445,000,000 on Project, as described in Exhibit B. The owner's failure to make the minimum investment is a default, the abated taxes must be recaptured, and the Owner shall pay any abated property taxes within 60 days of termination. (d) Abatement Contin.ent U eon Addition of New Jobs. The tax abatement under this Agreement is contingent upon the addition of 35 additional permanent jobs at the Facility, and a companion facility owned by Nueces Bay WLE, LP, that has a separate agreement with the City. The Owner's and Nueces Bay VILE, LP, failure to create the required number of additional permanent jobs at the completion of construction is a default, the abated taxes must be recaptured, and the Owner shall pay any abated property taxes within 60 days of termination. (e) Delinauent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent and fails to timely and properly follow the legal procedures for their protest and/or contest, this Agreement terminates and no taxes may be abated for the calendar year of the delinquency. The total taxes assessed without abatement for that calendar year must be paid within 60 days from the date of termination. Penalty and interest may not begin to accrue on the additional amount of taxes due as the result of recapture under this provision until the first day of the month following the sixty day notice, at which time penalty and interest shall accrue in accord with the laws of the State of Texas. Penalty and interest on the amount of taxes originally levied based upon the Abatement, of course, begin to accrue as of the date the taxes were due in accord with the laws of the State of Texas. ftotice_ of Default. Should the City determine that the Owner is in default according to the terms and conditions of this Agreement, it shall notify the Owner that if the default is not cured within sixty days from the date of the written notice ("Cure Period"), then 5 Agmt-Topaz Power -BRAD City — rqr 04022008b this Agreement may be terminated. In the event the Owner fails to cure the default during the Cure Period, this Agreement may be terminated and the taxes abated by virtue of the Agreement will be recaptured and paid as provided in this Agreement. (g) ActI Added Value. Should the Nueces County raisal District determine that the total level of Added Value during any year of the term of this Agreement after completion of construction is lower than the Estimated Added Value for each y ear during which an Abatement has been granted the difference between the tax abated and the tax which should have been abated based upon the actual Added Value will be determined by the City and paid within 60 days of written notification to the Owner of the determination. Penalty and interest may not begin to accrue upon the sum until the first day of the month following the sixty day notice, at which time penalty and interest shall accrue in accord with the laws of the State of Texas. (h) Reduction in Rollback Tax Rate. (1) If during any year of the period of Abatement an y portion of the abated value is added to the current total value of the city, but is not treated as "new properV value" (as defined in Section 26.012 1 of the Texas Tax Code) for the purpose of establishing the "effective maintenance rate" in calculating the "rollback tax rate" under Section 26.04 (c) of the Texas Tax Code, and if the city's budget calculations indicate that a tax rate in excess of the "rollback tax rate" is required to fund the operations of the City for the succeeding year, then the City shall recapture from the owner a tax in an amount equal to the lesser of the following: g (A) The amount of the taxes abated for that year by the City with respect p to the Property. (B) The amount obtained by subtracting the rollback tax rate computed without the abated property value being treated as new property value from the rollback tax rate computed with the abated property value being p treated as new property value and multiplying the difference by the total assessed value of the City. (2) If the city has granted an abatement of taxes to more than one taxpayer, then the amount of the recapture calculated under subdivision 1 above will be prorated on the basis of the value of the abatement with respect to each taxpayer. This event does not constitute a "default" under this Agreement, and the sixty (60) day Cure Period provided above does not pp 1 . Therecaptured taxes must be paid within thirty (30) days after notice of the reduction in the rollback tax rate has been given to the owner. Penalty and interest may not t � begin to accrue upon the sum until the first day of the month followin g the thirty (30) day notice, at which time penalty and interest shall accrue in accord with the laws of the State of Texas. (i)Continuation orr of Tax lin. The amount of tax abated each year under the terms of this Agreement must be secured by a first and prior tax lien that continues in existence 6 Agmt-Topaz Power ..BMD city - rjr 04022008b from year to year until the time as this Agreement between the City and Owner is fully performed by Owner, or until all taxes, whether assessed or recaptured, are paid in full. (j) Termination Due to Default. In the event of any default by Owner, the City Council reserves the right to terminate or modify this Agreement. Owner must be afforded written notice of the default and the opportunity to cure as provided above. If Owner believes the action was improper, Owner may file an appeal in Nueces County district court within sixty (8Q) days after written notice of the action by the City. Owner steall remit to the City, within the 60-day period, any additional or recaptured taxes levied under the payment provisions of Texas Tax Code § 42.08. If the final determination of the appeal increases Owner's tax liability above the amount paid, Owner shall remit the additional tax under Tax Code § 42.42. If the final determination of the appeal decreases Owner's tax liability, the City shall refund the Owner the difference between the amount of tax paid and the amount of tax for which Owner is liable under Tax Code § 42A3. Section 9. ADMINISTRATION ATIO[ (a) Inspections,. The Owner shall allow employees and/or representatives of the City to have access to the Property during the term of this Agreement to inspect the Faci (d) "Biv Local" Provision. The Owner additionally agrees to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably or feasibly possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency or quality. In any the exception cases involving purchases over $10,000.00 a justification for the purchase must be included in the annual report. The Owner further acknowledges that it is a legal and moral obligation of persons receiving property tax abatements to favor local manufacturers, suppliers, contractors and labor, all other factors being equal. For the purposes of this provision, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office in either Nueces County or San Patricio County. In the event of a breach of the buy -local provision, the percentage of abatement will be proportionately reduced equal to the amount the disqualified contract bears to the total construction cost for the project. (e) Perrri!ts. The Owner will (a) obtain and maintain all required permits and other authorizations from the Uni To the City: City of Corpus Christi, Texas s Attn: City Manager 1201 Leopard Street P. O. Box 6499 Corpus Christi, Texas 78469 To the Owner: Barney M. Davis, LP 2705 Bee Caves Road, Suite 340 Austin, Texas 78746 (b) Either party may designate a different address by giving the other party ten days' written notice. This Agreement has been executed by the parties in multiple originals or counterparts, each having full force and effect. Executed this day of , 2008. ATTEST: CITY OF CORPUS CHRISTI, TEXAS Armando Chapa City Secretary APPROVED AS TO LEGAL FORM: George K. Noe City Manager , 2008 R. Jay Reining First Assistant City Attorney For City Attorney BARNEY M. DAVIS, LP By: Topaz Power Group GPII, LLC Its General Partner By:_ Name: Title: Agmt -Topaz Power BMD City -- rjr 04022008b CDS/ Y SEBVICES .mngitieering & Surveying EXHIBIT ARP TEXAS COMM.:c0 A* c x eglITRkTi POWER AND =an' =IMAM BE Vii : DAIS Patin MAW 8I TX COUNTY, '6316 1990.795 =A :RR BOUNDARY SUM= EVIZBisr k-1 BEING a 1994..795 'acre t a .t of: land lying in the ar d.e Carpus . hristi" Grant. t • Ration de 'Thoibigti., libs ra t 411, . ecea - County, 'T)tes; '-being.. aid cif • •.Lot l., BIOCk 1 of the Barney M. Davis :Subdi is on as. r-.eccxded in volume 37, page 8 -, M .Records at eces.:CoUn , 'exam. awl 'of a :199 ,'96..acre : tract' f .Deed ReCitirde of Nuecea cdlanty, Teortag, and all -{ of a X43- tract of land As descrtbesi. n • 3.53.2, page : 60 a .o ds of �r eoes 'County, Yucca: same: a1.so des ribed. as a 1,996.-:.,3,•4f core' tract •of land agave .And .ex.caa . 5::35•1.. acre tract f' land. saran • l - ;e' ng: deei:rjbed by a drawing #10.114 .O6- .S�DAR1 B r t�atd �3a �� � .0i:(4) attar e �"� '. ��Al'�� : d...: t'o . as -6xh &'bit. and ..antd a .part hertof and being :more. parti laxly :desoribed a a f 1' owa s 1996.146 .Acres BEGINNING at itn "7!" in a 2 *x 2#.. brews plate found . eet in •doncrete marking the southwegm cor-r ert of the aforeabOntiOned bot.1 and the .scot west corner of the - herein. -d scri d- 1996-146 acre -tiactt TES along. the r ortbweaat line 6f' Oi.e . a f re r nti d tot N-28.41,33.! passing an ,i in a 2rk = ' ..litaati .plate} fcianci. set in c'_i c ce .itt ctis..ance of neo..29 feet: a total. 44,iitance Of 2708,98 feet . r - N28 ° 4 ; 35 "3 273. ) tip: a: VW" rod: tOkuid in the a oli heaa .t v.4orelime Ca yo del Oao. Bay . rkinxg. a erl • or n t . =tie 64.44 lo# 1 d northerly coro.et of the herein. deeeribed 1996.-146. acre, ract; THOM* along the 'north. 11410. of-the arrmentop. Lot. 1 and the said soptheakt, 8hor line. of the :aforementiii d. del it.SollayEthi .follOwing .en TIM courses 1+ 88.33 , "E a dist ce of . n8.19 feet (Record - 68.33 x "E 21848') to. a S/8" iron rod found; 576' 5'22 E -ad .distance of 580.78 feet (Record - 76`i51. 1"E 580.72') to .a 5/8" iron and . found; S 44'48 "B a Adis Lance of X56.82 fe6t (Record - 58 '44 `27 "E 156.83') to a ' 6/81 iron rod found; Page 1 Or 6 278.ad. Me 2. 2004 3411 Magic Drive. San Arm u; i axIF 7:4229 'rtl ? m - 5 s i -11 # 10 Agmt-Topaz Power - 11 D City -- rjr 04022008b AMP TEXAS CENTRAL trilVA MIMl1L POI= AND LIM COMMIT) BATOIN ` tr. wars wit PLANT BITE HU E COSY, TEXAS 1990.795 .ACRE :BART SURVEY Nu5"21'56"E a distance of 261.90 feet (Record - 1,185922.1B1E 1.9D') to an angle point* N67.28'37"E a distance of 2 66.2 7 feet (Record -1467•30.56.E 266.18' ) to a .5 8 R iron rod found, 'H75 '36' 6.°E a distance 'of 925.41- feet (l a nd - .N1 •35' 04, g 325.39' ) to a sin* iron rod found; .N44035 45"E. a distance of 355 .32. feet '(Record 44 ". G ' 0.7"E 355 .3 '- t to a 5/811 iron rod found i N70•47‘25"a a distance of 759.93 feat 1Reoord - N7O'46' 1 " 159.94') to a 5/0" iron rod found N57'4 ' 3 "E a distance of 106.42 feet (Record -107'50'25"E 1 .4- ' 1 to a -5 /a !' iron rod found; N30 '40.104E a distance of 109.74 feet- Record - N30 •33' 57"g 1O9 7 , ) to a 5/-8" iron .rod found :marking a northerly corner of the atorementioned ,lam '1 and 4 northerly ,corner of the here -in =des ribed 1996.146 acre tract; leaving. the Bad .aouthea5t 'aho e1 ne • a _the :oforompt.totiod yo del oso :Bay, a►lor g: the-...aortheaet Sze .ot .. aerated': Lot and the sou bwe t line •of.. e i ne.. 8 and s1 of the : Ft . 1u.. f & anginal fans and.. Garden kaet .:S0 .si .as copi d.: in ,Y0Iume A,; Pages. 1- 43...r Map, ReCord °cf 'i ue .County, Tex am, 8 • '°. . E (Re r .. -: 13. 2.5 *'2M' ).. gaseir • a.: e!N .0.ron.. prod: found era k' n . a . cow corner 'ofd :29: .10 .of: 1 . Sa •Section .: at. a; dLtane of 1:121.69 feet., 'aao: pending a • o: i rcn rod:. ound marking ..a : oeriou cotiner Of. Lott '28. and 29 of the taid .Sa c t n ..3 A.: t ' .di8 of 1981,44 feet? also 0.4.01:09 °a VIA iron t found Marking a cam. - comer of the. said 8. .j s :18: distance of 4621.,91 .feet., aIeo ..passing - r rod :four raring clfrition corner -.of Lots 27 and '28 of the Eaid ,Section Al. at. a c a ance of: 79.2.1.. 74 feet, and. alas 'peeS4.ng s .1-1/2.# iron. pipe fwd' t 4'x%ing. ..coesoot • r. of. loth and 27 of the said 'Section 51 a. a .distance of '8585-.59 feat , at •total .sat e. of 9896._ 77 feet to -a. 1/2". iron.. '.rod -het. itit1v '` 7S/ 1 .S-.A, X... for the west' comer: .o the a.f re ft oned- .4.5 foot a7 .1 SO foot tact and an interior..corner of 'ay herein des rr,ibe4- 1995 * 146 ..acre tract -, from whiCh n "X' in a ..2.."$ . bra:* plAte :found se; in, . oncrete... in to said :northeast 1 ne Of the sal,d a and ,near. the .canter -lime of Valdrein Road bear 61 2S' *' . s distance. o . 43..56_ .feet.; Page 2 OP 6 2279. End lily 23, 2 004 3411 Migic Drive, an Ant io,7'4= s 78229 TO-210.581-111i Paw 210-581-5555 11 Agmt -Tops Power-BMD City -- rjr 04022008b TEXAS CENTRAL comPANT (P/K/A ORAL pow= AND LIGHT COMPANY) HARM K. DAVIS POWER PLANT SITR $CES COUNTY. T# ]►$ 1990.795 AIME 40UNDARY SURVIT THE leaving the said northe ►s.t line 'of the eforemen. d. t• 1 and the said .southwest line of tam aornetioned StiOtion 41, along the i'orthweat line of the Aforementioned. 4S .foot 250 .foot tract, 8.• *. 3 .107 "E a .ti to e . of 250.00 'feet (Record '9 i .N ' , 0' to- a 1/2.• iron f rod set with ;plastic Cap Stamped *C t MO t SA. Tx.. for the .north otner Saf the said 45 foot °x 250: foot tract and the. most easterly .north corner of the .bex in described 1996446.:acre tract; 71MMEslong the portheast line -of the foe _ tior d: 45 :foot x toot t aCt, 1* 5153"£ a distance Of 45•.00 foot .(R aor4. :S E 451Y tip. a 1 " iron rod set with p is st i e cap .0 e 4 *C RY S.A. 'MA' it the said centerline of the eforementi.bned 1144004, mod and .the' Win Aine of the aforementioned sectio n hi and :Section 52 of the,AforementiOned 'lour 13101 f Encinal raft and :Garden rraots Subdivision for 'the east (.Other. of the 'staid 4 foot. .1.5p. toot tract and Aan ease corder. 4 : the herein described 1996.140 Acre traot•1 • mope along the southeast line of theraftrementio4e445 toot 254 foot trot, the 13444 centerline' of t ,e 00reMen40PAO Waldron Road and—the. said coMMOn line at the aforeent oned Se. dons: 51. arid. 52, S2V-34...01m4 S2 a die an e .Of 250.00. feet 4Re Qrd S2rw 0:'-) t , :-a .1/211 ad :Bet. :p. a a.tic cap .staMpe4 * -�:." in, the; ea .no hear ..line. or .t .a ore ntie d : .Mot 1 for till South cornet :o tie said foot f 250 fact tract:, the sciuth corner cot. the- said Section.. 51;. the west- Corner of .the• .Sai. .tier • nd an 'interior Corner of a herein decor 1990,146' acre tract. THINOValOng the sa l d x rtljeast line _ f -•the: of retne t-loried Lot land the C Uthwe t line .of the a orerr ptioned Section. S6 1' 5' 53' E .dia.0 n e of -5 54-.: .feet (Record - SW25.'2511E4 to. a i/2. iron rod.. et with plastic cap stamped "CDS MTA in the 'west .shoreline ot t o '..Laguna Medr . for an eatt, Corner .of the said. Lot. 1 And an east :corner of the herein described. 3..995.140 acre tract MRCS 'alms the east :. line. of the afoTementioned '.Lot .1 and the Braid- west shore]jne o the. orementi ed- Laguna: *Ore the following thirty. ( ) courses: .Si4 '4' S-t'w a distance of f71.14 feet ta- an angle . point ; S26'32'33 i a di.at: ce of 2.65.93 feet to an angle point; S14.11.56'1.491 .S distance of 403,11 feet to . angle . point; S13,36.!02".N a distance of 193..87 feet to ate, angle :point; s13' S'1 "E a distance at 316.42 feet to an an910 point; Fags 3 OF 6 2278 . d :2004 3411 Magic hive, S to tc r�ir,; '1` a X5.29 Tel: 21O.58111 Frr: 1 * 5 12 Agmt-Topaz P werrBMD City -- rjr 04022008b A SP ?WS ORAL COMPANY (F A �L P . AND LIB COMPANY) B X. DOIS PAR PLANT S33'E • MS. O , :MAO 1990.795 'k mooNDART saliveY 802.04'42,E a distance of 221.07 feet to an angle point; 1310'59'21,W A diatanCe of 64.71 feet to in angle point; S26'12'274'1 a distance of 201.45 :feet to An -Angle paint; S12'36'17014 a distance of 206.66 feet to an angle point; 812'18 ' 03 '13 a distance of 178.45 .feet to an ,an91e paint; 803'54'05"E a distance Of 437.2 .feet to an' angle poi t; 1108"34'24"W a distance of 68.55 feet to an angle point; 802'29'424'W distance of 128$7 feet to an angle point; 07 4 6' 50"B a. 4 Litance Pi 2s7.00 feet t - an- angle point; S01' 1 -' 19'" E ,a .distance .. of 85.52 feet to an angle point; 814'23'47"E a distance of 64.49 feet to -air angle point; $126'5-9' D " _a distance of 70.41 feat 0 -ai :Angle point S26'42,3393 .a distance of 213.09 feet to an angle point; S22'25'59,3 a distance of 236.54 feet to an angle point; 818'15140"E :a distance -.of 11'7.78 feet' to an angle point; 3'2817"[ a distance of 215.69 feet to an angle ? paint;: S41.O4' NE distance of 200:42 feet - o an. angle 'point,. S36'39'53 1'B a distance -Of 89.1.6 feet to an. angle point; 835'34'391.E .a dicta ee of 56 .46 feet to an angle point r 547' ' O 'E. a dig ante- of 234.91 feet to an angle . oii t; 854•02' 00o2 4 distance of 688.57 feet' to an angle -point; 85'03. 30' a distance of 259.09 feet to an angle point; $3622'49E ' s distanCe ...of 110. a feet to an angle .point; 1315'30'380E a .distance of 331.21 feet to an angle point; P asta 4 OF 6 927$ .'end May 3 , 2004 . '.1i +�±[ pic tiv 5 nton�o Tr ay 16 'e1 D.- 531 -11I-i 210-581.5555 : t - 13 Apart -Topaz Power -BMD City --F rjr 04022008b P tRzikS 'ODIUM. C014PANT ( /1 A pierralidi P '11i AND LIdRT IEPAIW) BIPANNT 11. ' VZR MOM PLANT SITS NTACcX8 coinrrf, TEXAS 1990.795 A SURVEY 003'06'54W a distance Of 147.84 tett to a 1/2" iron rod set .witb . plastic cap stamped I`` MUERY S.A. TX.* or the .Met 'aoutherl corner of the said Lot . and the most southerly comer .Ot the her in described 1996.145 acre tract., TiMirx along the. aoutrwest 141e of t e'a ore ent ne Lot . 'NB.l. W • S3 , passing a 1 2'x' .iron rod:.. set with plastic cap stamped '` B R :A, . at a distance of .4131..41 feet, :a tOtal .distance of :22 ,31.41 -feet- ( ec*ord N61'25' S" 22080') to the PLACE Cr EICIINXINO coftainjn -2996..146 acres of land. Si►VB PAT wan 5.351 ROM a 5.351 Acre tract of land Wino in the 'Rincon de Corpus hrieti" Grant to Ramon de lto osa, abstract 411, Nueces County, Texan, beln9 a portion of Lot 1_, ' Sio k 1 ,of the. Batney 14, Davis SUbdivisiOn : a recOrded iii voluthe 37, page 8S, Map . )%eciards ounueoes county,. Texas, portion of 1999:96 acre tract of land as deaeribed' 1i volume 1.. page 202, Seed Records ueta-: County, Texas, same also being decry by a :. drawing .:(1011 4_06 - 0VICAR ,, BOUN ARY - ' BOTAIDARYS.Dvici, dated May ' 1, 20041 attached hereto as Exhibit A-2 and made a pact _hereof and being more pOrtIcIllerlY described as follows goiompicItio : at an " C -in a 2"x 2i brae* date ftiund 'set in.:concrete nna r)ting the southwest .corner of the aforementioned Lot ; TNIINCI Along the southwest Hine" of the -A10;eitertioned Lot 1, S61. 25 , 3 k E a distance of 1391E1.61 : feet (Recozd S61•2511$'13) ' to a ,pointj nce leaving the said. sou .kweis line of • the .afOrementiOliad. Lot 1, N280'34 ' ",8 a -distance. of 1401..26 feet to a► .1 *' ition rod net with pl:aet. 'cap . tattped cDS i Ek . -A'.' .TX..." .for the PLC OF 4 < and the west corner of the horei .06.0c# bed. 57,351. Acre. .tract.; TRUCE 8• 4 '22"g . a !iiat ce ] f: 45.D.r0 feat, to a 1-./2" iron -rod. Ott with plastic cap. stemped # S/ eR1r *A. 1'] .'* for the north. comer the ]herein -described -.3.S1 .o re tract:s 21.11NN. s.1'.. "38 "E,a distance .o .516..00 .feet. to a 1 /2r iran rod- ,ot with plaet.i.c cap stamped S �Jt .`8 71E.' " =for the gaos.t northerly east. .Cornier of the h reth desczibed : . acre tract l 528.34122 " -a distance .0-f ' 5 •... 13 feet • .to. a 4 " l ron rod set With plastic dap stamped " D ugRR .S::A. TX." gipr .'i.fltarui orner of the herein described '.:3 5.i acre tract: Page 9.: .Or B 227S.. fnd 3411 -:Mtge . Sin n nix; T ca: 1ST Tel 1t • 581 -11 ] 1 Fax; 23o.181,55$5 14 Agmt.Top z P w -BM City -- rjr 04022008b A P TEXAS CENTRAL COMPANY CINTHAL POWER AND LIGET COMPANY} AP l Yid . DAVIS ;tea PLC 81TR MSS COUNTT, rzza 3.990:795 AMC BOUNDARY S4RVET THEN 861'25'38"E a distance of 19.00 feet to a '1 2" iron rod :Bet with plastic cap stamped ' < S.A. m.'1' for the most southerly east corner of the herein described .5,351 'are- tract] TUE= S26°,34 ' 22 "W 1 d eta nce af .46.83 feet -tr, a .I " :ice n rod set with pla.stj.o zap stamped 1tu y- S. A. 21C.'1' for the Most easterly aOutki corner .45f the herein- deac ibed.' 5:351.' acre tract; THENCE H61' 5'-38 "W a = distance o . 19+ 00 feet -tto a 1/2' iron rod set with plastic cap Stamped "CDOMbERY S.A. TX." for an ' interior copier of the herein .described 5.353, acre tract:; THEM! X8'34' NW a distance of :149..58 feet to a 1/2', iron rod. set w i t h plastic cap stamped ' S/MU88 -S. ..U." for the most westerly south' corner r of the . hetein described 5.351 acre t tact ; mums .N ,1' 5' 36 "W a diatan oe- of 51.6.430 feet to the PLACE OF BEGINNING cont&ining 5..351 acres of laid. The baring basis for this 'survey -is Grid Worth, exact State Plane ordjn,. System, South tome., NAZI- 1983. STATE F =AS ILHOWN To L mzot wr SSE- PREONNTSs COUNTY OF,E3CAR 1, : -John T, XU 1a# a = e iatered ReatieRisiOnal tisTd Surveyor, do hereby certiy that -.the- Vie field notes war* :prepared using information obtained by an on the ground survey 1iiade -under Eny direction and super vision in Decor, 2001, Nay, 2003 and May, 2004. De te� - RO day of Kubala Registered Professional ten* Surveyor No 4505 - State of Texas Page OP 2278 . f nd Ha 23, 2004 3411 Mogic Drivc, Sant Antonio, ` Tow 78229 Tel: t 0- 581.11 M t Fax: 210- 581-5555 15 Agmt -Topaz Power-BMD City -- rjr 04022008b CAYO 9 =L OSO BAY • EXHIBIT A- SHEET 1 OF fis11L OE'SC: No1,75 OSARLIEffe JGe ND. t D 1141 COSimuntr PLAT NO. 101 101144.-oaeOUNOAFrel.C41.0 WOK Wes; GOO Peaftri #ATT:.1. vE :0 0i 'DI NAO RFA 2/ ;, YAT 23. uri4 1996.146 ACS BARNEY 14. D A V I S [ SUMMON .SOT.' 1, BLOCK 1 vCI.UME 37, PAGE 86 toika CORDS, MACES CCINTY 1999 9 I - VOLUME 1386. PAGE 202 DEED RECORCS OF IIE ES — t 3O -4O.1 O "E 109.7 ' +� - W.i .(#1111( N5T4 'I5t 106.42' • Path, - •IFielSt. roam? 11 4x' $ /5g_931 X144':5'451: 45132' '#;'281371 e6.27' �aa �S\e014�4.4j�FE/rt ..156:8 *7'+. rwte ..q - 341174 F7 IMO') e '362St 325.41' •� ktslotwt ,125-19) N85 1 '56 E 261.9f1' f t . - . :8T 411,007 S76'15-221 580.78' omoile - sw f 517 issozn 88"33' 5 E .2)1.19 pfccom - AZEI7JSZIT .1/44.1r) • 1 1990.705 SURVEY AEP TEXAS _ CENTRAL COMPANY (F/K/A �NTRAL POWER ADD UGliT COMPANY) BARNEY M. VIS MOO DE ' CORP 'US CHRISTI 'GRAM' TO won YNOJ - 411 NUECES couyyi M Sekt Agmt-Topaz Power-BMD City -- rjr 04022008b IV al POB 1 � ONDIft•Syli* _# Mice y� P00 - 0 6TEi "POINT ;R Nu C OIL • CAI:. Mem rues Psm s- i fiF1i1 16 iftat, 43' App - 1}S#+ :' . 0,1024-.):P sectiebt, 61040 "wow secirion si #biro' IRNV 1441.. 5q x h7 4 SHEET F COS[ 11' .1011 tirtc 1Ux144,D6 _ �catiruEl4Y 1 T NO. -10 i 144-O -9OUe I2 P ow° WPM tbtas: Orii0 :s. IelrAt iVATN PLANE :400ROirmli. 5YSTE1d, PrA0 191,3, -504,11}4 L19961146 ACRES ureNt it Off \ MAY 24, 2004 .41.0% tiat1064 AIM* nr34.7? 1K1'#13rk ?b1 ' j4 i pm sir ' or + mo error UNt OF rF 1. .5EC1CN 52 45.4.10. MCI *M li14. F .704 dARX 1.44 sot, TM moat POB 5.351 ACRE SUBSTATION BA c?' M. irii$I N vOLU l . .. FAO 86 . p . N if F UN 1999 96 'AR ES. . vemi I :. 1385. PAG.E 2.02 DEit RECCRus t#F NuR,7$ ; U 1990.4794 AcRE UNDAM' SUZY . cOMPANI (F/K/A.:cenRAL POWER 41E1 LINT -CQMP BARNEY M. RINCQN TO ABSTRACT -411 NUECES. COirt.1 TEXAS' o -:. �- a-wefts-Or mog nog: o M40M M Sad KET A mt.Topaz Pow r4MD City — rjr 04022008b I. '. 1.1.; v - 11 wrr #i+4 ,�iiraot�o� Ttikki.turet w -s s• .i . � 17 1.1 SieZ4 3'ti et, it i? 1r3/13" 3 13 5141 '}rte pa.'r (4 -wine, 1)3,10 • siripyr slur to sorbikin f 1.2 S1 #+k 71• i1 1 4,' to = 1 NT7'r+ 1Ob.ir L +) ;inert 178.45' til .10 -5,041 4 ; #. "2 ftelcitei 1435- 1.13 ibr2024i js LSOTINWE 3$7.6k LIS 'lertSl(T 05.51+ uT sacsOrr * .r litm- us Sairirt `213.1W itineirt 2314( S': .t' • i4kieltef SON i 1 � Noe a4',1- a' 5433( tv a onrt Essie us przr4st itesf L21 S3oii :3331' 130 WSW* 10,14- SHEET 3 OF . opc. Nolan CDS/ UFRf AS MD. 101144,0. COsAsuiny PLAT 'HO, 10i1,44,01.101.NAGAMOHG BENS DAM GINO -KIM ttXAA STALE -' Ir Ta, 11. kw ,moo.t 1890395 A O.Q.?NDARY SURVEY. AEP TEXAS tEIiITRAI COMPANY (FJK/A GkM1ZAt- POWER A[+�} UHF Ca#�PAM�j BARNEY M. DAVIS POWER AEANT St?f 131NCON DE iaORPIlS CHRISTI. GRANT TO RAMON DE Y1+OJOSA; ABSTRACT — # 1 NuEca coulfrir, 1E01/4 LAGUNA FLOUR B .Urf A40 i`N INAI: MA. rm.' 040 GARDtN k T ./ M A, PA 4 1. U.R.N .0 . tit BARNEY M. oAvrs {AV SUBDIVISION LOT 1, BLOCK 1 VOWME _ 37, PAGE 86 MAP RECORDS, NOE '#Y 199916 ACRES VOLUME 1Z86, PA E 202 DEED RECORDS OF NUECES COUNTY 1 iyi opre 0' o74 i f? 4 5.351 ACRE 1996.146 ' ACRES — Y'i +1e X13" NW� Rob SET 1 : SUMO c. - M /: 'op MOND — r . . FOA 01t4errs ,`E Cr SUBSTATION SITE GOO Q 1003 Zit it rin Agmt-Topaz Power -BMD City — rjr 040220081, ngineering & Surveying • Ammo. lize Wf a 31 .4111 ■ , - - -- 1 I 1110.0 1 . 18 EXHIBIT PROJECT DESCRIPTION Topaz Power Group proposes to undertake a major capital redevelopment project on the site of the existing Barney M. Davis Power Station along Laguna Madre in Flour Bluff over atwo -year period between 2008 and 2010. The power plant is currently owned and operated by Topaz Power Group, which is an Austin. Texas -based limited liability company owned by a subsidiary of Carlyle /Riverstone Global Energy and Power Fund 111, L.P. The redeveloped Barney M. Davis units can be expected to carry a total 1,014- megawatt (MW) capacity, which represents a net increase of 317 MW over the capacity of the current units. This project will provide electric power to the ERGOT power grid serving areas outside the local region, will result in significant direct and indirect local investment and job creation and will provide long term electric reliability for the entire Nueces County region. SCHEDULE 1 "Buy Local" Annual Reports The following information shall be reported to the City on a calendar-year basis during the first four years of the tax abatement program: 1. Dollar- amount spent for materials* (Iocal). 2. Dollar amount spent for materials* (total). 3. Dollar amount spent for labor ** (Iot). 4. Dollar amount spent for labor ** (total). 5. Number of jobs created in the construction project (local). 6. Number of jobs created in the construction project (total). 7. Number of jobs created on a permanent basis (local). 8. Number of jobs created on a permanent basis (total). * "Materials" is defined to include all materials used in excavation, site improvement, demolition, concrete, structural steel, fire proofing, piping, electrical, instruments, paintings and scaffolding, insulation, temporary construction facilities, supplies, equipment rental in construction, small tools and consumables. This term does not include major items of machinery and equipment not readily - available locally. ** "Labor" is defined to include all labor in connection with the excavation, site improvement, demolition, concrete construction, structural steel, fire proofing, equipment placement, piping, electrical, instruments, painting and scaffolding, insulation, construction services, craft benefits, payroll burdens, and related labor expenses. This term does not include engineering services in connection with the project design. The term "local" as used to describe manufacturers, suppliers, contractors and labor shall include firms, businesses, and persons who reside in or maintain an office in either Nueces County or San Patricio County. Barney M. Davis, L.P. Request for Property Tax Abatement Economic Development Office April 8, 2008 Property Tax Abatement O Request for Property Tax Abatement by Barney M. Davis, L.P. (BMD), for the period of construction at 100 %, not to exceed two (2) years. ❑ Nueces County Commissioners Court approved tax abatement for BMD on March 19, 2008, contingent upon the City designating BMD as a reinvestment zone O Agreement will apply to new capital construction at the BMD plant 1 1--- ...... Property ❑ The BMD plant is located within the Corpus Christi city limits O Current valuation prior to the date of execution of this agreement are: • Land ■ Improvements $2,388,954 $4,224,410 • Base Year Value $6,793,364 L__ Term of Abatement and Agreement O The abatement becomes effective with the January 1 valuation date immediately following the date of execution of this agreement O Abatement continues for a period of two (2) years expiring December 31, 2010 O Estimated total capital investment is $445,000,000 El Estimated added value by the owner is $310,000,000 O At Ieast 10 new permanent full -time positions will be added 2 L QUESTIONS? 27 CITY OF CORPUS CHRISTI AGENDA MEMORANDUM City Council Action Date: April 8, 2008 AGENDA ITEM: Motion authorizing the City Manager or his designee to develop and enter into a three year contract, with two one year renewal options, between the City of Corpus Christi, Texas and Humana to administer the City's self - funded health and dental plans, providing and administering a provider network, and a contract to provide specific stop loss insurance coverage and pharmacy benefit management. ISSUE: The City of Corpus Christi's current contract for health and dental benefits administration; provider network, specific stop loss insurance, and pharmacy benefit management expires on July 31, 200 8. A Request for Proposals (RFP) was issued on December 18, 2007. Proposals were received on or before the proposal close date of January 28, 2008. As a result of the evaluation of proposals received, Humana has been determined to be the best value for the City in providing the services as requested in the RFP. REQUIRED COUNCIL ACTION: Council approval of the motion authorizing the City Manager or his designee to develop and g g p enter into a three year contract, with two one year renewal options, between the City of Corpus Christi, Texas and Humana to administer the City's self- funded health and dental plans, providing and administering a provider network, and a contract to provide specific stop loss insurance coverage and pharmacy benefit management. FUNDING: Funding for these services is budgeted in Fiscal Year 2008 -2009. RECOMMENDATION: Staff recommends approval of the motion as presented. Attachments Background Information Exhibit 1 Exhibit 2 Exhibits 3a, 3b, 3c Exhibit Exhibit Exhibit Exhibits 7a, 7b, 7c Exhibit 8 Health Plan RFP Agenda Memo 04/08/08 Cynthia Garcia Director of Human Resources BACKGROUND INFORMATION I BACKGROUND: In October 2007, the City contracted with the Hay Group to serve in a consulting capacity assisting with the development, analysis, and evaluation of a RFP for health plan administration, provider network, pharmacy benefit management PM, and stop loss insurance. The RFP was developed requesting a bundled proposal from prospected bidders. The RFP was issued December 18, 2007, with selection tentatively scheduled for City Council in March 2008. Responses to the RFP were received on or before the proposal close date of January 28, 2008, in the Purchasing Division of the City. A. listing of respondents to the RFP is provided in Exhibit 1. A total of 12 proposals were received. EVALUATION: Initially, a core evaluation team comprised of the following individuals screened the proposals for responsiveness: • Richard Easley, Project Manager, Hay Group • Cindy Chung, Actuarial Associate, Hay Group • Tammy McDonald, Benefits Manager • Paul Pierce, Procurement and General Services Supervisor • Steve Viera, Insurance /Benefits Analyst This core evaluation team eliminated four (4) proposals for non - responsiveness to RFP requirements (See Exhibit 1). The proposals were as follows: Proposer: Blue Cross Blue Shield Foresight HealthScope MedEx Reason Deemed Non - Responsive: Failed to provide pharmacy benefit management fees Failed to provide stop loss quotes Failed to provide stop loss quotes at the level requested by the RFP Failed to provide fees for services other than stop loss; provided only stop loss quotes Health Plan RFP — Agenda Memo 04/08/08 The evaluation team comprised of the following individuals conducted the next stage of proposal review: • Richard Easley, Project Manager, Hay Group • Cindy Chung, Actuarial Associate, Hay Group • Cynthia Garcia, Director of Human Resources • Joan McKaughan, Assistant Director of Human Resources • Tammy McDonald, Benefits Manager • Paul Pierce, Procurement and General Services Supervisor • Steve Viera, Insurance/Benefits Insurance/Benefits Analyst This team met approximately twenty times over a period of seven weeks to complete the process of reviewing, evaluating, and scoring proposals based on the criteria outlined i Technical Solutions were divided into 7 categories and scoring of each was weighted according to significance of service. Responses to questions in the RFP were ranked, and scores were awarded accordingly (See Exhibit 2). This evaluation criteria was worth a total of 40 points. The weighted score for each category consisted of: • 14 points - Medical Claims /Quality Control /Stop Loss Claims, Performance Guarantees • points — Networks/Centers of Excellence, Geo Access /Hospitals & Providers • 6 points — Pharmacy Claims Administration • 4 points — Patient ManagementlMedical Management/Wellness/Disease Management • 4 points — Reporting Customer Service /Account Management/implementation • 2 points — Communications and Enrollment • 2 points — Dental Administration The resulting scores from the Evaluation Committee and Subco mmittee, as shown in Exhibit 2, were as follows: Evaluation Committee Weight Aetna TML United Health Care CBCA FARA Humana 31.5% 18.7 °2 30.6% 16.1 % 16.2% 28.8% 24.8% 13.2% Subco i tee 20% 29.9% 15.8% 28.8% 203% 16.8% 28.9% 26.1% 13A% The Proyoser Profile and 1 ualifications section was worth a maximum of 10 points. Information as provided by the proposers was evaluated by the Evaluation Committee and the Sub - Committee (See Exhibit 2). Proposers were then ranked from 1-8 (8 being the best) according to the information provided in their RFP responses. Health Plan RFP — Agenda Memo 0400 !k';p-tiQ-fl Exsotionl were reviewed and evaluated by the Evaluation Committee. This section addressed any exceptions that proposers had with any terms, conditions or specifications i The Fee Schedule consisted of several components (See Exhibit 7a, 7b, 7c for a comparison). • Administrative Services Only (ASO) fees for medical and dental • Specific Stop Loss Insurance (SSL) • Provider Network Discounts • Pharmacy fees The analysis for the fee section was performed by the Hay Group with input and review by City staff. This section was worth 40 points. The scoring was weighted based on the percent of total plan cost (See Exhibit 6). For example, Network Discounts have the greatest impact on claims expense, so it was weighted with the most points. • 29 points — Network discounts (73.4% of total costs are spent on claims) • 7 points — Pharmacy (16.4% of total costs are for pharmacy expenses) • 2 points — ASO fees 5.0% of total costs are for ASO, also called TPA fees) • 2 points — SSL premiums (5.2% of total plan costs is for stop loss insurance premiums) NETWORK Listed below is a comparison of the number of hospitals and physicians in each network for zip code areas 783 and 784. Proposer: AAG, C CA, FARA HUMANA AETNA CIGNA TML UHC Network: k: Christus Spohn Humana Aetna CIGNA A UHC Options PPO UHC Choice Plus Physicians: 696 613 772 724 658 Hospitals: 8 11 13 14 12 12 The City's health plan hospital utilization data was used in the network discount analysis. Utilizing a best case scenario, the analysis included utilization at a hospital that would be considered out -of- network migrating to an in- network hospital. It is important to note that in- network utilization provides greater cost savings for the City, however two of the City's three health plans are part of collective bargaining agreements (Public Safety and Fire) that include yearly out -of- pocket maximums for out -of- network utilization that are comparatively low; Public Safety $700, and Fire $525. The larger the network, the more likely these employees will access an in-network provider, thereby reducing the City's exposure to increased costs. Health Plan RFP — Agenda Memo 04/08/08 I1ThWLED VS UNBUNDLED SERVICES. Although the RFP required proposers to submit proposals with services bundled, for informational purposes only, and to address the Council's questions regarding the bundled vs unbundled approach, a comparison of the two approaches is included. Exhibit 8 provides a comparison of the bundled services proposed by Humana versus individual services from various proposers based on lowest costs. It is important to note that several proposers do not allow separating their third party administration services (ASO) from their provider network, to access the network you must use their administrative services. Only services that could be unbundled were used in the comparison. UNBUNDLED: D: - - Network Medical & Pharmacy Specific Stop Total Lowest Cost Discounts Dental ASO Loss 1 Fees Proposer AAG CBCA TML -- CVS CBCA Estimated FY 09 Cost BUNDLED: Lowest Cost Proposer Estimated FY 09 Cost Difference CSHN HealthSmart $19,995,000 $933,000 Network Medical Discounts Dental ASO _ Fees Humana Humana $15,797,000 $1,241,000 $4,198,000 $308,000 $5,600,000 Pharmacy Humana $5,838,000 $238,000 $1,257,000 $27,785,000 Specific Stop Total Loss Humana 1,420,000 $24,296,000 $163,000 (53,489,000 The comparison indicates that the bundled approach provides a projected $3,489,000 savings over the unbundled approach; again, based upon the migration of out-of-network claims to in- network in the unbundled approach. RECOMMENDATION: The evaluation of proposals received resulted in Humana having the highest rank for bundled services that includes ASO/TPA medical and dental, Pharmacy, Provider Network, Specific Stop Loss insurance based on a $ 1,000,000 lifetime maximum. This estimate is 7.6% or $1,853,000 lower than the next best proposal. Exhibit 4 displays best value rankings and Exhibit 7c provides total cost comparisons. An estimate of expenses for medical and pharmacy utilization for the fiscal year 2008-2009 is $21,635,000. Cost for Specific Stop Loss and Medical and Dental ASO fees is $2,66 1,000. Staff recommends the selection of Humana as the health benefits provider effective August 1, 2008. Health Plan RFP — Agenda Memo 04/08/08 I E IMedEx Foresight Healthscope Humana 11 Aetna Blue Cross Blue Shield CBCA Cigna 1 Proposers_ >4 1111111111111111111 • 1 III 1 III Non- responsive 1 Services Medical _ 1 Provider Discountfj Services 1 Dental J X X X >(iX 1 X X I X X r X Services Pharmacy X X X X X X X X X X 17 % co } X -�- X x Incorrect Level Quoted X X X XIX Services I Stop Loss X X 1 X ' 1 I X X X X m le 0 1 w .0 ..... 4 • X Ski Cn 3. 5 co -a is) u,• c • 0 — 0 • 0 OD • —I • x 0 0 c G? = 3 2.> a IV ono tl li O H pa ;i u fl • rri ( IV C, • 0 CO ▪ I ▪ o i o a CO • CO ▪ 91 ▪ CD • 0 o CO 00 CO o 9 N Q C s Ulod O - uo! ;nlos leorutpal 1 I ni fla N.) cx co I ' c.71 cry c▪ o co a 3 2 C4 c NJ • I oI ✓ i c CO cr▪ i CO 0 I 11 Proposers' Qualifications - 10 Points CD tr.c) 0 0 23 o 'O` -a po 03 0 oo co 0 CD w_ to su 1) m Er: 74: Stop Loss fees are based on $150,000 specific deductible with a $1 million lifetime maximum. Administration fees were calculated by using 3,478 participating employees for Medical fees and 1,000 for Dental fees. Pre - Certification and Utilization Review fees, and COBRA and HIPAA Administrative fees. Medical and Dental Administrative fees, Network Access fees, 24/7 Nurse line, 2) Administration Services Only (A fees include the following expenses: Actual claims will affect projected savings. 1) Claim projections are based on FYO7 claims using a 9% medical trend rate and 13% prescription drug trend rate for 2 years. Isoo p iewrjs3 IBn u r l -c! 0 0, CO CD • sp O. CD CD • CD 0) • m CD Com Ls1s sWie13 leo!PGIAI epelpo u genie 3 �.s _ 01 91 I' iD 0 CO C C C 1 3 n) 0, • rt i CO 1 i ' 0 .0 0 "'. 4 l I at , CO C,) ▪ 03 NI '1 1 ' 0 0 0 0 0 0 0 0 0 0 0 0 0) -A C CO Co 0 0 0 0 0 0 0 ft o 0) c r 0 0 0 to 01 _, CD _ r + ' , a0 I _, C]1 . -1 ] I 8°1 _l _ rt 1 y 0 0 0 0 0 CO fal cei 0 0 0 0) ' C..) 0) _ 0 i 0 0 0 i c D 0, ]'1 CD • -• CD CA) 01 CO CD C1� r � 0 0 0 CD C 0 0 0, te 01 CA) CD 0 I CO C+) y 0 0 b 0 CD 0 I W Co 0 C D�0 J cts 2. m 0 > -0 0 ca (A g .61 0 u} 0 0 I 02 • X BE 1KIII4x3 3) Stop Loss fees are based on $150,000 specific deductible with a $1 million lifetime maximum. 3 3 2 C a OD F - CD at o. a 2 0 NF 3 S. a cD 3 3 CD f!a eL 3 0 CD 0 *C 0 rtr to a 0. CD 3 c 0, •. co . a al O. Cr 0. 0 { TI co 1 co 3 G ID CD ID 0. ID ID 0. . 0 z 0. co ID 0. ID ID 0 .40 enuuy Te ;ol ;s o palewris3 0 0 G7 JaBeuevi igeues tioewieqd sad OSV leluea Pue Ie !pa D) 0 0 LAT. 0 r" 0 0 0 0 i1 (0 0 0 0 0 0 0 0 0 1 ID 001-7-17-111.8V9Z GJ 0 01 0 0 10 0) 0 C 0) 0) co 0) 0 0 0 0 0 o3 0 0) 2 0 0 0) ,0 ,0 0) CO 0 0 0 0 0 0 co op 0 0 0 0 1 0 0 0 0 a) CO 0 I) 0 0 CD cD CO 0 0 0 0 0 0 0 0 0 0 0 jl w F) 0 0 0001EZC—TE—FI c0 01 can 0 0 0 0) 01 0 0 0 4 • CO cD 0 0 0 0 c0' ID 01 0 0 0 0 0 w coo 0 0) 0 0 0) 0 0 0 0 0 0 CO w 0 0 cnriNcr3 ID 0 rn 0 a Frr 0 ID 0 0 0 0 CD 0 CD Xi F) 0 C co ODD G X qHq!qx3 3) Stop Loss fees are based on $150,000 specific deductible with a $1 million Lifetime maximum. Administration fees were calculated by using 3,47$ participating employees for Medical fees and 1,000 for Dental fees. Pre - Certification and Utilization Review fees, and COBRA and HIPAA Administrative fees. • o. Al 5• 0 v 0. 3 z cp • Cn al 0 inn J CD 5. • g • a Cn i (PP� YR M 4 Y• Actual claims will affect projected savings. 1) Claim projections are based on FY07 claims using a 9% medical trend rate and 13 % prescription drug trend rate for 2 years. poo peleum2 L_ 0 0 O 0 0. � CD • cD ..r4 • co m IS 0 C cr). 0 V 0 co c o CD CD CD f `D ,1 Y, C 0 f C • 0 in C R J CSC CO rt o 0 rt co o) C 0 -co co 0 0 1 co k) c Ca a (T. co _._t _, rt — 1 co Cn Co co 0 - _. 0 0 C 0 0 0 c11 0 0 34,690, 090 1 35,000, 000 1 35,945, 909 0 `° 171 o C • 0 o NJ W o r Cry P.3 CO rt -0 .6 0 0 O 0 0 ft I J Co C l 01 ▪ L o o V � 1 1 cam' 0) 0 co 0 rn 3 et 0 0£ }igiyx3 Ism pa ewrise pawl o s uauodwoo Joj ee i!c!tlx3 oe Total Annual FY99 Estimated Cost' IProposer's Profile & Qualifications 'Evaluation Criteria 0 -I, Maximum Points Ts 24, 296, 900 Co CO co OO c co [D Humana Points Awarded Y CD Y 0 Aetna 27,907,000 0) 0) al -4 (31 N.) 6 ao United Health Care 26,829,000 l Cot Fo - M 28,868,000 i Oo b i7L irk Ka ft NI CO C 0 TM V' /9' V Cigna rQ ..ccf, I b W ... i I 0 co o cri m co co a. o C to • 73 —ii •D • -D 0 le. 1 CO 13 NI 03 6 F, 4, a0 CO CO n• cc oi C • A Xca E. co r m x 5' 1" it. 1 C 3 co m a) pue ESL 41PA 6u!peis sapoo dg u! s!e !dsoq eine pue sue!oIsi[yd to }agwnu uo p s q OM siuno :o;o,j. CD a g -o O 0 co a) co a) yodg smsu43 a) 1 c 3 CO D CO ca a) NJ c 1 0 o 1 13 0 010 =F 0 M a) I Co 1 0 u F c g 0 eJed VO83 ' W 0 a) g�+ � 1 C 1 0 1 CD DI .-ig. i 4 O .... 2, -. ,A, x. 71 0 . 0 -, 0 co ia i NI > 0 0) o no on 020 CO et 411, 3' CA 0 • (/) co a 0 %..r. O —i 3 to Li. 0 x CD cn (0 -a oppop p c. 0 c. CO 0 0 0 (.0 b) co . 0 1 0 0 CA o 0 O N z 0 ate+ CD 0. 0 N to to 0 0 o 0 - Ts X c =■ 03 0 CA X 0. Jrf ■ m 1 0 > C 0 0 3 0 field u - J d {JewJe -y8! -1 > 1 rR c I- R. ua i Ci) CD co sldpospeWt 01 0 CO 01 - co bbb 0 0 0 0 C 0 C 01 e6-E.) 'art e to o co cry r.) 0 I 0 0 0 0 0 0 0 0 73 Ul CO 1 C. - 0) — 41. IQ 4 -J 0) 1 0 0 i Fl ca 1a 0) m E fit c 1 0 to ,7 c 3 co Pr cD r X0) m 0 1 (31 J 1 c1 c„ i 0 (31 I . CO 00 o oi co I 0 0 0 0 o 00 sz, 0 0 0 0 0 0 0 0 0 co w 0 CO 0 : ! 0) 0 (31 A 0 co CO r bbbbbbb 0 CD 0 0 0 0 0 -4 03 0) CTS N 0 cr, c 1 -a CP c1 J - -C ? # sa C0 CO co co r0 C D A � SA al po E' 0 0 0 0 o 0 0 0 Ji 0 0 0 0 0 0 0 0 0) N N — — — — - - CO CD CO (31 CO Co 1 ] C]1 CO 0 01 N 0 0 0 0 0 0 0 0 0 0 • ug co co 0 yi CJP N N co r c �J CO C31 CO 0 0 0 0 b 0 0 0 0 0 0 0 0 1 i 0 1 i L 0) 00 CO 01 0) C 0 0 D 0 2 a xi 4a 11 0 . -0 e go o 94 0 co co 4I1 co) co in x 0 0 rn Er' (1) 0 RO C (1) 1 M 3' 41 el 4 li " 2' 13 i'd. a t 5 CD 0 r 0 .. 0 . , 3 Poo s. v at co Ca X d Z O M CO .a m X la Cr 1 0 cl c c s 0 0 0 0 ri- 3 > A) 0 0 to 0 0 3 0 w 0 CO 0 0 a a 0 0 0 0 0) 'CO CD 0 0 CO 0 0 0 0 0 (n ol C.i3 r CO l . 0 0 0 0 0 0 0 0 a 0 0 0 a co OD 03 : - N.) -13 0 si a 0 a Co al 0. 2. cn 2 co O al co ,' 0 1 1 rn D ssoi doll ogpads 0 co 0 D this quote is subject to change and contingent upon the insurance carrier receiving claims information through 7 -31 -08 F 0 < R. 5 cr f 5. 0 C 0. i a 3 • c D n ) K 'go 0} O a • < ki-- il CP Cr {ii co o +--h gi. O CD • cr c cn ;/ f CD CD R. 3 • 5 Fd -C3 — a 0 Cn Cl) • 5. • co 3+ 0 5* L fference Company Estimated FY09 Cost Bundled lowest cost: jCompany /Proposer Unbundled lowest cost: stx CD CD 0 Humana $15,797,000 Network Discounts CSHN /HealthSmart Network Discounts ooceocs Humana $1,241,000 Medical & Dental ASO Fees b 3 0 0 co > 1 Medical & Dental ASO Fees I to I) 03 O 0 0 Humana $5,838,000 1 Pharmacy TM L - CVS Pharmacy te 0 000‘0Z17'11 euewnH Specific Stop Loss to o co 0 Specific Stop Loss co (o 0 co a) o I a r.. I 1 c.n 0 ..... to r 0 0 co 1, Jea - paipung snstaA pelpunqu 0 0 3 gu m 0 0 4 1 -0 0 L c ch 0 co 0 co cp_ F. — 1 x Employee Health Benefits 90% of Health Plan dollars are spent on claims 73.4% $16,632,000 City of Corpus Christi, TX RFP BI-0084-08 Fiscal Year 2007 Health Benefits Spending FYO7 Annual Spend $221661 000 16.3% S3.689.000 51 .1'38,000 TPA Fees row 1.202,000 Stop Loss Evaluation Criteria Criteria Technical Solution Maximum Points 40 Proposer's Profile & Qualifications 1 10 `Fee Schedule 40 Exceptions 10 1 Total 100 coup The Subcommittee results were similar to Evaluation Committee City of Corpus Christi RFP BI-0084-08 Technical Solutions & Proposers' Qualifications April 2008 Technical Solution - 40 Points Proposers' Qualifications -1 o Points Weight: Eval Comm. Subcommittee Eva! Comm. 80% 20% % Aetna 31.5 29.9 10.0 T L 18.7 15.8 6.3 United Health Care 30.6 CBCA i~AA Humana Cigna ;AAG 16.1 16.2 28.8 24.8 13.2 28.8 20.7 16.8 28.9 26.1 13.1 8.8 3.8 .5 5.0 2.5 1.3 Subcommittee 20% 8.8 7.5 3.8 5.0 10.0 6.3 1.3 2.5 Overall estimated cost for Year 2 City of Corpus Christi, TX RFP P I-0084-08 Fee Analysis - Year April 2008 1) Claim projections are based on FY07 claims using a 9% medical trend rate and 13% prescription drug trend rate for 2 years. Actual claims will affect projected savings. 2) Administration Services Only (A SO) fees include the following expenses: Medical and Dental Administrative fees, Network Access fees, 24/7 Nurseline, Pre - Certification and Utilization Review fees, and COBRA and HIPAA Administrative fees. Administration fees were calculated by using 3,478 participating employees for Medical fees and 1,000 for Dental fees. 3) Stop Loss fees are based on $150,000 specific deductible with a $1 million lifetime maximum. riJrx�-., i14Yi�rli�lJi+ yi�Y•• �••••�•�•��A,�J.TTr +w4RRiNM14MKA W....+,., -a f. Jx J.t Annual FY10 Estimated Costs United Health Evaluation rIteiia Humana Aetna . Qare TML AAG • J a CBCA FARA A jMedical Claims Costsl $ 17,219,000 $ 18,604,000 20,293,000 $ 19,898,000 $ 21 ,795,000 21,989,000: 22,988,000 $ 23,265,000 'Medical and Dental ASO Fees Fees2 1,340,000 1,012,000 1,100,000 1,224,000 1,016,000 1,305,000 ; 954,000 983,000 Pharmacy Benefit Managerl 6,597,000 6,669,000 6,589,000 6,328,000 6,702,000 6,571,000 , 6,824,000 6,622,000 Stop Loss 1 ,420,000 2,196,000 2,367,000 1,760,000 1 1,9.84,000 i 1 ,955,000 1257,000 2,066,000 Total Annual Estimated Cost $ 26 576 000 $ 28,481 000 $ 30 354 000 $ 29,210,000 $ 31 499 000 $ 31 820 000111$ 32 023 000 $ 32 936 000 1) Claim projections are based on FY07 claims using a 9% medical trend rate and 13% prescription drug trend rate for 2 years. Actual claims will affect projected savings. 2) Administration Services Only (A SO) fees include the following expenses: Medical and Dental Administrative fees, Network Access fees, 24/7 Nurseline, Pre - Certification and Utilization Review fees, and COBRA and HIPAA Administrative fees. Administration fees were calculated by using 3,478 participating employees for Medical fees and 1,000 for Dental fees. 3) Stop Loss fees are based on $150,000 specific deductible with a $1 million lifetime maximum. riJrx�-., i14Yi�rli�lJi+ yi�Y•• �••••�•�•��A,�J.TTr +w4RRiNM14MKA W....+,., -a f. Jx J.t Pharmacy fees were competitive City of Corpus Christi, TX RFP BI- 0084.08 Pharmacy Fees Comparison April 2008 Company PBM _ Humana Humana IAe tna Aetna L TRIAL - C S UHC UHC AAG AAG-Ameriscripts ripts Cigna Cigna CB CA CBCA- Caremark FARA Pharmacy Fee a Total Variance 5,838,000 4% 5,902,000 Rank l Points 238, 000 5% 302,000 5,600,000 0% - 5,831,000 4% 231,000 5,931,000 % 331,000 5,81 5,000 4% 21 5,000 6,039,000 . 8% 439,000 260 000 Fara-Scri re 5,860,000 1 3 7 2 8 5 4 3 7 4 2 4 1 3 Specific Stop Loss Stop Loss fees are based on 5150,000 specific stop loss deductible with a $1 million lifetime maximum. Cost must be reviewed along with underwriting rate assumptions or conditions. City of Corpus Christi, TX RFP I- 0084 -O8 SSL Estimated Cost Comparison for Year 1 April 2008 Company Specific Stop Loss (SSL) $150,000 with a $1 Million Lifetime Max 2 Fees • Variance e Rank Points Humana 1,420,000 13% 163,000 2 2 Aetna 2,196, 000 75% 939,000 7 1 T r L 1,760,000 40% 503,000 3 1 UHC 2,367,000 88% 1,119, 000 8 1 1 AAG 1,984,000 58% 727,000 5 1 Cigna 1,955,000 56% 698,000 4 i 1 CBCA 1,257,000 0% 1 - 1 2 ,FARA 2,066,000 64% 809,000 f 6 1 coup Unbundling is not the "Best Value" for the City nbundled lowest cost: ompany /Proposer simated FY09 Cost ndled lowest cost: ompany stimated FY9 Cost Difference City of Corpus Christi, TX REP 81-0084.08 Unbundled versus Bundled - Year 1 Comparison April 2008 Network Discounts MG - CSII1H ealthSmart $19,995,000 Humana $15,797,000 $4,198,000 Medical & Dental ASO Fees Pharmacy CBCA $933,000 Medical & Dental ASO Fees Humana $1,241,000 $308,000 TML - CVS $5,600,000 Pharmacy Humana 1 Specific Stop Loss 2 CBCA $1,257,000 Specific Stop Loss Humana $5,838,000 f $1,420,000 Total $27,785,000 Total $24,296,000 $163,000 coup To assist in illustrating the bundled vs unbundled approach, services that could be separated unbundled comparison; earns - Humana' Network can only from the proposing companies were used in y a accessed if using their administrative services (ASO). 1- Pharmacy TML - CVS - this PBM would only allow access to CVS pharmacies 2 - Specific Stop Loss - CBCA - this quote is ubj to change and contingent upon p the insurance carnet receiving claims information through 7-31-2008 ._._ __ _'="' �1✓.. lY. i4LYF' �r- .!/�+S��IW4- I��NypP1,5KaAYV �Ww�r3ukr�(.TFYi.iL 4.AMw14Y.IKMMI�LFi liElllf�4YiE1L'Y�rR �. �' .+- �IwY.VNYYl.Y1S�IL:�byI�14A�J 28 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 4t08/08 AGENDA ITEM: A. Resolution approving the following projects to be funded through the issuance of tax notes: South Guth Bali Fields Relocation Project, Improvements to the Facilities within Bayfront Arts and Sciences Park (which includes the American Bank Center, Museum of Sci BACKGROUND INFORMATION Through the fiscal year end closing process, the City identified additional debt capacity that can be utilized to fund projects approved by the City Council. Financial Services, along with our Financial Advisor, Mark Seal with M. E. Allison & Co., Inc., will issue a request for bids to the local banks in Corpus Christi and other financial institutions that the City has done business with in the past for the purchase Tax Notes the City plans to issue to fund the projects. The maximum allowable term for the tax notes i Attachment 1 Projects Recommended for Funding by Tax Notes The following is a list of critical projects compiled by City staff being recommended for the use of this funding. 1. South Guth Bali Fields Relocation Project 2. Bayfront projects to include: Life Cycle Replacement/Rehabilitation of Bayfront Arts and Sciences Park buildings and facilities including the American Bank Convention Center air handlers, chillers, cooling towers, controls, pumps, electrical, appurtenances and other Bayfront Park mechanical /electrical systems 3. Solid Waste equipment to include: a. two side loaders refuse trucks at $235,000/each b. two brush trucks at $123,000/each c. two open top trailers with push blade for unloading d. two truck tractors for hauling 45 foot trailers . e. five 40 cubic yard roll -off trash and brush containers $5,000 /each f. one special truck tractor for moving and spotting large trailers at the transfer station 4. Street equipment to include: a. one asphalt relay truck for transporting hot asphalt to site b. two Gradall large truck mounted excavators at $275,000/each e. one large self - propelled, steel wheeled vibratory soil compactor roller d. one special tank truck with computerized spray assembly for spraying hot asphalt on road surface 5. Street Maintenance/ Overlays to include: Nueces Bay — Upriver/11137 Riverhill 624/Dead End Tarlton — Greenwood Washi RESOLUTION APPROVING THE FOLLOWING PROJECTS TO BE FUNDED THROUGH THE ISSUANCE OF TAX NOTES: SOUTH GOTH BALL FIELDS RELOCATION PROJECT, IMPROVEMENTS TO THE FACILITIES WITHIN BAYFRONT ARTS AND SCIENCES PARK (WHICH INCLUDES THE AMERICAN BANK CENTER, MUSEUM OF SCIENCE & HISTORY, WATER GARDEN, HARBOR PLAYHOUSE, ART MUSEUM OF SOUTH TEXAS), SOLID WASTE EQUIPMENT, STREET EQUIPMENT, AND STREET IMPROVEMENTS. BE IT RESOLVED BY THE CITY OF CORPUS CHRISTI: SECTION 1. The projects on attached and incorporated Exhibit A are approved to be funded through the issuance of Tax Notes. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: Armando Chapa City Secretary APPROVED this I day o , 2008. CITY OF CORPUS CHRISTI, TEXAS Henry Garrett Mayor Lisa Aguilar Assistant City Attorney For City Attorney Exhibit "A" 1. South Guth Bali Fields Relocation Project $7,500,000 2. Improvements to facilities within Bayfront Arts and Sciences Park, $3,500,000 Such area to include American Bank Center, Museum of Science History, Water Garden, Harbor playhouse, and Art Museum of South Texas, such improvements to include: Life Cycle Replacement/Rehabilitation o ay 'runt Arts and Sciences Park buildings and facilities including the American Bank Convention Center air handlers, chillers, cooling towers, controls, un s, electrical p p appurtenances and other Bayfront Park mechanical/electrical systems 3. Solid Waste equipment to include: a. two side loaders refuse trucks at $235,000/each $ 470,000 b. three brush trucks at $82,000/each 246,000 c. two open top trailers with push blade for unloading 150,654 d. two truck tractors for hauling 45 foot trailers 258,022 e. five 40 cubic yard roll -off trash and brush containers $5,000/eaeh $ 25,000 f. one special truck tractor for moving and spottin g large trailers at the transfer station $ 80,000 4. Street equi Corpus Christi, Texas of , 2008 The above resolution was passed by the following vote: Henry Garrett - -- Melody Cooper -- Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF SOLID WASTE EQUIPMENT TO BE FUNDED THROUGH THE ISSUANCE OF TAX NOTES WHEREAS, the City of Corpus Christi, Texas (the "City") is a home-rule municipality and political subdivision of the State of Texas; WHEREAS, the City expects to pay expenditures in connection with the design, planning, acquisition and construction of the projects described on Exhibit "A " hereto (collectively, the "Project") prior to the issuance of obligations by the City in connection with the financing of the Project from available. funds; WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1A50-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: Section 1. The City reasonably expects it will incur debt, as one or more series of obligations, with an aggregate maximum principal amount not to exceed $409,000, for the purpose of paying the aggregate costs of the Project. Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax- exempt obligations will be issued by the City in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Section 3. The foregoing notwithstanding, no tax - exempt obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. Attest: Armando Chapa, City Secretary HENRY GARRETT, MAYOR CITY OF CORPUS CHRISTI APPROVED THIS THE 1st DAY OF April 2008: By: ,.. -- Lisa Aguilar, Assent City Attorney for City Attorney EXHIBIT .A Solid Waste equipment to include: a. two open top trailers with push blade for unloading b. two truck tractors for hauling 45 foot trailers $ 150,654 $ 258,022 29 Requested Council Action: 4/08/08 Alternate Council Date: 4/15/08 COUNCIL MEMORANDUM (A) ORDINANCE APPROPRIATING $408,676.00 FROM THE UNAPPROPRIATED FUND BALANCE IN THE MAINTENANCE SERVICES FUND NO. 5110 FOR THE PURCHASE OF TWO 46 FOOT TRUCK TRAILERS AND TWO P T RBILT TRUCK TRACTORS; CHANGING THE FY 2007 - 2008 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 027352 BY INCREASING G APPR PRIATIONS BY $408,676.00; AND DECLARING AN EMERGENCY. (B) Motion approving the purchase of two 46 foot Muck trailers from Rush Equipment Center of Texas, Inc., of Houston, Texas for a total amount of $1 50,654. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council of Governments (HGAC). These truck trailers are additi 1-- W co w i in co 0 Fo- p_ 0 c co 0 re z�\ CI L ] CO 0 Lill Ow Lii I — 5 Di - <I — LRECOMMENDATION (B) 'RUSH TRUCK CENTER HOUSTON, TEXAS ..8 .§ v'E °- Ili c•2, a. $1 29,01 1.00 $258,022.00 RECOMMENDATION (A) RUSH E QUIPMENT CENTER OF TEXAS, INC. HOUSTON, TEXAS -8 ; § C 0- $75,327.00 $150,654. i- z D a z 0 L R `C /1 w 0 w 1- 1. Stern Open -Top Steel Ejector Trailer 2 Each 45' Length x 8' Width, Donnovan side winder trailer covering system. 2. 2007 Peterbilt 357 Truck Tractor 2 Each Flat Bed Body. 0 O gj O 2 4 8 k s a Award Total 0 0 ad ra- ao Grand Total (B) & (C Y. ORDINANCE CE APPROPRIATING $408,676.Oo FROM THE UNAPPROPRIATED FUND BALANCE IN THE MAINTENANCE SERVICES FUND NO. 5110 FOR THE PURCHASE OF TWO (2) 46 FOOT TRUCK TRAILERS AND TWO (2) PETERBILT TRUCK TRACTORS; CHANGING THE FY 2007 - 2008 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 027352 BY INCREASING APPROPRIATIONS . BY X408,676.00; AND DECLARING AN EMERGENCY, BE IT ORDAINED BY THE CITY COUNCIL OF THE CM" OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $408,676.00 from the Unappropriated . fund Balance in the Maintenance Services Fund N . 5110 is appropriated for the urc . purchase of two (2) 46 foot truck trailers and two (2) P truck tractors. SECTION 2. The FY 2007 - 2008 Operating Budget adopted Ordinance d�nance l'. 027352 is changed by increasing appropriations by $4O8676.Oo. SECTION 3. That upon written request of the Mayor or five council l rnrners, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration strat�n of City affairs and suspends the Charter rule that requires consideration n f and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 8th April, y of Ap r� l ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: 3 Itiar -0$ By: 1 kdi Veronica Ocanas Assistant City Attom for City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor 040808 ORD app $408,676 - 2 46ft truck trailers + 2 peter ilt truck tractors Corpus Christi, Texas -- - - day of , 2008 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: 1/we, therefore, request that Y ou 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 Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John B. Marez Nelda Martinez Michael McCutchon 040808 ORD app $408576 - 2 46f4 trucK trailers + 2 ; et rbilt truck tractors 30 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: &Id' 8, 2008 AGENDA ITEM: An ordinance amending the Code of Ordinances, Chapter 2 "Administration" by creating the Clean City Advisory Committee and enacting enabling provisions; providing for severance; and providing for publication. ISSUE: Creation of an advisory committee requires the approval of the City Council. REQUIRED COUNCIL ACTION: Approval of ordinance. PREVIOUS IOUS COUNCIL ACTION: None. CONCLUSION AND RECOMMENDATION: IMENDATION: Approval of ordinance creating the Clean city Advisory Committee. y apl irector of Streets and Solid Waste Services Attachments: Nome. BACKGROUND INFORMATION The Streets and Solid Waste Services Department, in cooperation with the Neighborhood Services Department, has created the Clean City Program Coordinator position. The departments envision this position /office to coordinate city -wide recycling and litter reduction programs, education, and new initiatives currently shared with several city departments, local agencies, and private organizations. To further reach the community at large, a Clean city Advisory Committee is being recom- mended for creation to act in an advisory capacity to the City Council and City Manager. The committee will develop comprehensive policies and make recommendations on plans and programs to address recycling and litter reduction; promote public knowledge and under - standing of the programs; provide a public forum for discussion of community needs related to recycling and litter reduction programs; promote education of the programs; and en- encourage community involvement, AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 2 "ADMINISTRATION," BY CREATING THE CLEAN CITY ADVISORY COMMITTEE AND ENACTING ENABLING PROVISIONS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The Code of Ordinances, Chapter 2 "Administration," Article IV " 1isclla- neous Boards, Commissions and Committees," Division 21 is amended to create the Clean City Advisory Committee and enact enabling provisions o�r�si ons to read as follows: "DIVISION 21. Reserved clean dvi rx�rr��tte. • . sec. -231. Cre tedl u ro se. 'There is hereb created the clean Ci Adrio C' � omm_ Ott = T u o the committee to advise the Cl Council on reckia, li tm_ d other solid wat environmental issues of cones in the community. rn i t. "Sec. 2-232. Duties. "The committee shall: ",i_ act as an advisor to the ai Council and CtyMager l i re ard�n issues of concern i the connnnuni related to recycling, litter, and other solid waste environmental matters. "a) develop comrehensl a (Aides and make a reco mmen datins regarcljng �m lementation of fans and ro rains to a wading,. �rec rI�n litter reduction, and related solid waste environmental � matters. 41 3 review xis in. anlpro _els and.# * ctj • es current rc lrn litter reduction and solid waste environmental programs. '1fA) review ne program methodolo le related to rec - clan and litter. "(5 ac uaint itself with the rec cling and liton needs and redo Q obler s within the community, " § cultivate anc___Dmtpte lic no rrl d a uride rstndin= and acre take of the Deed for rec clip and litter reduction r - _ - - -- rams. "2) ro idea u iic forum for discussion of comet u�ni tneed related to r cli and lifter reduction picAorr s. ...� Efford225.doc "(8) promote ucattion of the ubllc in rec clip litter reduction, and solid waste environmental campaigns. "(9) endeavor to su ort and foster tile efforts of all localooperatin • rou • s Navin • a focus on communl beautification efforts. " 1 nencourage community _Involvement in pil t rogra s aimed at igcreasecil reduced litter. "Sec. 2-233. Members • • terms. filltn vacancies. ex-officio members. ers. 1 a The committee shall consist of nine 9 members. Of the nine 9 members one 1 shall be an educator in a • rima seconda or hi • h school within the city, one shall be a member of a local Chamber of Gommercejoa(1) shall be a commercial solid waste hauler; one shall be a member of the eauti Corpus Christi_ Associatiors, and the remaining fire (5) members shall represent the community at _ large. "(p)_ Of the initial members, five Lftrnembers shall -ear e_a two -year term and four members shall serve a oneyar term, a determined by a drawing_ to be conducted at the initial committee ittee meeting. Thereafter, all teams shall be two (2) a r ,All members shall serve until their successors are pointed and Qualified. "L) In the ev nt vacancy occurs during any term, the appointment of a new member shall be to fill the une. fired term. - - -- - - "(d) The Director of llelorhd services, or tie director's dsie# and the Director of Environmental Services, or the director's designee shall serve as ex- officio members of the committee without vote. "Sec. 2 -234. Rules of procedure; officers. staff liaison. "(a) The committee may adopt its own rules of procedure for the conduct of its business and may amend the same from time to time. co of the ado tad rules of procedure must be placed on file In the C Office. " - - At the first meeting after creation of the committee a ma'orl of the whole committee shall elect a chairperson and vice-chairperson to serve during the initial t► -year term. Thereafter, the chairperson and vice - chairperson shall be elected b a ma'ori of the whole committee to serve one- ear terms. Followin • th initial election, subsequent ele tions for chairperson and vice- chairperson shall be held each ar at the first regular meeting after appointments to fill miring terms. "c The Director of Streets and Solid_ Was __ Services or desk nated representative, shall serve as the staff liaison and secretary of the committee and EHord225.doc shall send all notices for r neetin s keep and-preserve the minutes, advise and consult with city officials as to the committee's worry and recommendations assist the committee and its subcommittees in • lannin • and coordinatin • its efforts and perform such other 'duties as may be of assistance to the committee. "Sec. 2-235. Subcommittees. rr ittees. `The chair of the committee with the approval of the- committee, may establish such subcommittees as may be necessary or appropriate to assist the commiftee in its studies and the performance of its duties. embers of such subcommit- tees shall be a • • ointed on' from anion • members of the committee. -- `sec. 2-236. Meetin a! "The committee shall meet at feast once each month and shall meet on the call of the chrson or of a majority of its members. "Sec. -237 - . Reserved." Section 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its its purpose. Section 3. Publication 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. alord225,cloc That the foregoing ordinance was read for the first time and passed to its second reading on this the day of - -. t 200 8, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel! Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed to its final reading on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr, Nelda Martinez Mike Hummel! Michael McCutchon Bill Kelly PASSED AND APPROVED this the day of , 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: March 27, 2008 Elizab R. Handley Assis • nt City Attorney for the City Attorney 1-lord 5.doc CITY CORPUS CHRISTI Henry Garrett Mayor 31 CITY COIJNCIL AGENDA MEMORANDUM City Council Action Date: AprjI W008 AGENDA ITEM: A. Motion to amend prior to the second reading, the ordinance amending the Comprehensive Plan of the City of Corpus Christi by amending the City of Corpus Christi Parks, Recreation, & Open Space Master Plan by amending the Top Ten list of highest priority recreation facility needs in Section 9.2, and providing for severance. C. Second Reading Ordinance - Amending the Comprehensive Plan of the City of Corpus Christi by amending the City of Corpus Christi Parks, Recreation, & Open Space Master Plan by amending the Top Ten list of highest priority recreation facility needs in Section 2 providing for repeal of conflicting ordinances; and providing for severance. (First Reading 3/11/08) ISSUE: The Texas Parks and Wildlife Department requires review and possible revisions to Master Plans every two years. If the Top Ten list of the highest priority recreation facility needs in Section 9.2 of the City of Corpus Christi Parks, Recreation, Open Space Master Plan is changed by this ordinance then it must be approved by City Council. REQUIRED COUNCIL ACTION: Council must approve an amendment to the Master Plan that changes the Top Ten Priority list. PREVIOUS COUNCIL ACTION: On June 14, 2005 the City Council amended the Comprehensive Plan of the City of Corpus Christi by amending the City of Corpus Christi Parks , Recreation, & Open Space Master Plan Subsection 10 of section 82 by adding provisions for playground equipment and green spaces in Neighborhood parks; providing for repeal of conflicting ordinances; and provided for severance. On March 11, 2008 the City Council reviewed the item and requested staff define Priority List captions. That additional information is included in this submission. CONCLUSION AND RECOMMENDATION: Staff recommends the Amendment to the Corpus Christi Parks, Recreation and Open Space Master Plan. 21, Say Ga ik, Director Parks a !, I Recreation BACKGROUND INFORMATION In accordance with proper notice to the public, a public hearing concerning the Corpus Christi Parks, Recreation and Open Space Master Plan was held on Wednesday, October 23, 2002, during a meeting of the Planning Commission and on Tuesday, November ber 12, 2002, during a meeting of the City Council. The Corpus Christi City Council approved the Corpus Christi Parks, Recreation and Open Space Master Plan on November 19, 2002. The Parks and Recreation Advisory Committee recommended approval of the contents of the Ordinance on May 11, 2005 and the Planning Commission, after a public hearing, recommended approval on June 1, 2005. City Council amended the Comprehensive Plan of the City of Corpus Christi by amending the City of Corpus Christi Parks , Recreation, & Open Space Master Plan Subsection 10 of section 8.2 by adding provisions for playground equipment and green spaces in Neighborhood parks; providing for repeal of conflicting ordinances; and provided for severance on June 14, 2005. The Texas Parks and Wildlife Department has been in the process of changing guidelines due to legislation passed by the Both Legislature. The results of this g g legislation have created additional funding for park development. The Parks and Recreation Department held two public meetings in January 2008 on the Top Ten priorities in the Corpus Christi Parks, Recreation and Open Space Master Plan. The changes to the priority List include items that will be submitted in grant applications over the next two years. The grant program is evaluated on a point system that was developed based on the approved priority listing. The Parks and Recreation Advisory Committee recommended approval of the contents of the Ordinance on Wednesday, January 16, 2008. Corpus Christi's Parks, Recreation & open Space Master Plan recovery Action Plan J. Facilities Priorities for citywide Parks Master Plan 1. Trails - Develop additional trails to create connectivity throughout the City. Trails will be used by all segments of the community. 2. Nature Habitat or Nature Areas (parks and preserves) — The City has some excellent facilities, but additional preserves are needed, especially in the rap id growth sectors of the City. 3. Wetland Development/Enhancement — Improvement, maintenance, and management of existing wetlands for a particular function is needed. Some examples are; installing nest boxes for wildlife, controlling the spread of exotic species, marinating greenbelts around wetlands, planting upland habitat with food cover. 4. Girding Center — Facilities to promote bird watching and conservation though birding tours and support of local conservation effort. To provide education and promote this natural resource the City has to offer. 5. Youth Sports Fields - Sports fields for youth sports are needed citywide. 6. Community Centers — Activity facilities could include game rooms, gymnasium, aquatic facility, exercise rooms, and other amenities for all ages from toddlers to seniors, the public. 7. Enhanced Aquatics Facilities — Most of the city's pools were built in the 50's and are smaller neighborhood style facilities. Swimming is very popular during the summer, and two additional pool facilities are recommended. 8. Visitors Pa ilionsl each Amenities — Pavilions are needed for passive recreation, family gatherings, and outdoor picnics. Beach Amenities examples are; bath houses, boat ramps, shade structures, facilities for recreational fishing, as well as other amenities. 9. Playgrounds — Install new playground equipment in our neighborhood parks citywide. 10. Dog Park -- The creation of a park for citizens and their dogs is requested by our citizens. AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF CORPUS CHRISTI BY AMENDING THE CITY OF CORPUS CHRISTI PARKS, RECREATION, & OPEN SPACE MASTER PLAN BY AMENDING THE TOP TEN LIST OF HIGHEST PRIORITY RECREATION FACILITY NEEDS IN SECTION 9.2; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR SEVERANCE. WHEREAS, the Park and Recreation Advisory Board and the Planning Commission have forwarded to the City Council their reports and recommendations concerning amending the Top 10 List of Highest Priority Recreational Facility Needs in Section 9.2 of the City of Corpus Christi Parks, Recreation, & Open Space Master Plan, an element of the Comprehensive Plan of the City of Corpus Christi; and WHERAS, in accordance with proper notice to the public, a public meeting was held on January 16, 2008 during a meeting of the Parks and Recreation Committee and on January 28, 2008 at the Garden Senior Center to allo w all interested persons to appear and be heard regarding the high priority recreational facility needs list; WHEREAS, in accordance with proper notice to the public, a public hearing was held on Wednesday, March 5, 200 8, during a meeting of the Planning Commission and on Tuesday, March 11, 200 8, during a meeting of the City Council, in the Council Chambers at City Hall in the City of Corpus Christi allowing all interested persons to appear and be heard regarding the high priority recreational facility needs list; and WHEREAS, under the laws of the State of Texas and the City Charter of the City of Corpus Christi, the City Council shall adopt the comprehensive plan and amendments to the comprehensive plan by ordinance; and WHEREAS, the City Council has determined that the amendment of the City of Corpus Christi Parks, Recreation, & Open Space Master Plan, an element of the Comprehensive Plan of the City of Corpus Christi, 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 Comprehensive Plan of the City of Corpus Christi, Texas is amended by amending Section 9.2 of the City of Corpus Christi Parks, Recreation, & Open Space Master Plan, an element of the Comprehensive Plan, to read as follows: "9.2 High Priority Recommendations Based on the needs assessment, a list of t_hihst priority recreation facility needs over the next 5 years has been identified. Note that these represent needs throughout H:\LE - DIRILisa120o8 RDINA E \Amend.Park . Ma ter.PIan.doc Page 2 of 4 the cat and re •resent a to • 10 list that should be addressed Inall grant candidate projects. 1. 10. Table 9.1 Citywide Facilities Priorities area); Trails. senior. Nature habitat or nature areas. Center. as-backstop& Youth sports Field. Recreational, facility — south side. Weiid Development. Bird_ing Greenwood—Road—is—built Enhanced aquatics facilities. Visitors' Pavilions. neighbor-hood& Playgrounds: . psg Park." I-IALE -DI ILisa12008 O DINAN E IA end.Park .Master.Plan.doc Page 3 of 4 SECTION 2. That the City of Corpus Christi Parks, Recreation, & Open Space Master Plan establishes the City of Corpus Christi's policies for growth and development of parks and recreation services and the acquisition and preservation of open space within the City. The City of Corpus Christi Parks, Recreation, & Open Space Master Plan is a portion of the Comprehensive Plan of the city. SECTION 3. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Where any provision of this ordinance imposes standards or restrictions different from those imposed by any other provision of any other City ordinance, rule, or regulation, the provisions of this ordinance shall control. SECTION 4. 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. Therefore, if 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. H:\LEG-DIR‘Lisa\2008 ORDINAN ESIAmend.Parks.Master.Plan.do Page 4 of 4 That the foregoing ordin ce was read for the first time and passed to its second reading on this the _ 1 ( day of , 200 8, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon That the foregoing ordinance was read for the second time and passed finall y on this the _ day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hornell Michael McCutchon Bill Kelly PASSED AND APPROVED, this the _ _ day of 200 8. ATTEST: Armando Chapa City Secretary APPROVED as to form: March 3, 2008 By: i>2fr Lisa Aguilar Assistant City Attorney For City Attorney ‘te.wi 1: LE - DIR \Lisa120O8 OF DINAN E IAmend.Parks.Master.Plan.doc Henry Garrett Mayor 1 e__,q,_‘t s (-4-A Page 1 of 4 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF CORPUS CHRISTI BY AMENDING THE CITY OF CORPUS CHRISTI PARKS, RECREATION, & OPEN SPACE MASTER PLAN BY AMENDING THE TOP TEN LIST OF HIGHEST PRIORITY RECREATION FACILITY NEEDS IN SECTION 9.2; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR SEVERANCE. WHEREAS, the Park and Recreation Advisory Board and the Planning Commission have forwarded to the City Council their reports and recommendations concerning amending the Top 10 List of Highest Priority Recreational Facility Needs in Section 9.2 of the City of Corpus Christi Parks, Recreation, & Open Space Master Plan, an element of the Comprehensive Plan of the City of Corpus Christi; and WHERAS, in accordance with proper notice to the public, a public meeting was held on January 16, 2008 during a meeting of the Parks and Recreation Committee and on January 28, 2008 at the Garden Senior Center to allow all interested persons to appear and be heard regarding the high priority recreational facility needs list; WHEREAS, in accordance with proper notice to the public, a public hearing was held on Wednesday, March 5, 2008, during a meeting of the Planning Commission and on Tuesday, March 11, 200 8, during a meeting of the City Council, in the Council Chambers at City Hall in the City of Corpus Christi allowing all interested persons to appear and be heard regarding the high priority recreational facility needs list; and WHEREAS, under the laws of the State of Texas and the City Charter of the City of Corpus Christi, the City Council shall adopt the comprehensive plan and amendments to the comprehensive plan by ordinance; and WHEREAS, the City Council has determined that the amendment of the City of Corpus Christi Parks, Recreation, & Open Space Master Plan, an element of the Comprehensive Plan of the City of Corpus Christi, 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 Comprehensive Plan of the City of Corpus Christi, Texas is amended by amending Section 9.2 of the City of Corpus Christi Parks, Recreation, Open Space Master Plan, an element of the Comprehensive Plan, to read as follows: "9.2 High Priority Recommendations Based on the needs assessment, a list of the highest priority recreation facility needs over the next 5 years has been identified. Note that these represent needs throughout H :\LEG- DIR \Lisa\2008 RDIN f E AAmendParksl asterPlan ORDINANCE prior to 2nd rdg.doc Page 2 of the city, and represent a top 10 list that should be addressed ' projects. ed �n all grant candidate 4. area), Trails. nnectiv Table 9.1 Citywide Facilities Priorities Nature habitat or nature areas som ex E@ id ro�h the cites! • • * i e. i - i4 • i i i A i * * # # r r .22 2'. i * � i � v � i * # ' i ■ n an e en — Th im wet! nd fora a icul- r • boxes for wildlif c. ntr babitat whfoodc v r. _ '2 Center -2. -2 : r # i A i t i + i # s r r � * i i e 9 i i i e +"� i t o 3 � w r r r � i - s # i � r � # 2 i # i i i i i i ■ i � A • # z • i + s # ! : i , 2. e- . e . • Wetland evel r rj r e et main e • n e - n - n - • e ent •f exis in Lntion. o e a • Iks wo . Id inc ud - In to lin i • Ilan . he s • r- a of - tic • ci - s • Iantin • u • land en er r er Bird' • e ter will sr • 'n • tours a d su • .. • l • o e -t -n• •romote th- n w � Birlin nest romote it - tc in and co I co se a ion effort. T e ce ter �r . • - uI use tura! r-s•ur es he ci has to •ff -r. • • • • nervation throu•h . Youth iel id — r a of the c d f fa l iti s o provide r s r r rn fo you i e Recreational f i f - i 4. 2 �. � � w i omrn ni Ceners for all a•esfr mniis.thecenerw • uI 1 in 1 1 e • i - e TjCii i inn- 'dof.d.it!• d • r to se io s. Sorg - oft e a e r ones • mna iu a* a is facrli • e er is ro m and other rneni ie forth bIL nal I:ILE - DIRlisa1 0O8 I DIVAN E IAmendparksMasterpIan ORDINANCE prior to 2nd rdg.doc Page 3 of 4 bum Enhanced aquatics facilities —III _t the ` y kools are sr ller r i orh * • i ` - iliti � . ri rani • is - • • . . r d rin fheumrneLanJWQ(2) _ additna1ppo&faQititie n d d. * � f • 111" t • • • • ach • - i cr � - i • n . mil �• a h v ri •o do • r Zw An:nisAmeniti_13 AlQm fog ive .r.vi. -a ha df.cil P r as well t ch. e o the be- ho a oa rare had str ctur as other amenities, 10. viii nics ed in •urr I r•ei•hbo hoo me ' ies woul • Inc de bath cili ies for rrcrea Tonal fis in• a 1I • S s.r - • playgroun.d eauiprrent.__ Install. nenr pl_ and e ars ci i _e. . Park- Citizen thirds. SECTION 2. That the City of Corpus Christi Parks, Recreation, & Open Space Master Plan establishes the City of Corpus Christi's policies for growth and development of parks and recreation services and the acquisition and preservation of open space within the City. The City of Corpus Christi Parks, Recreation, & Open Space Master Plan is a t p portion of the Comprehensive Plan of the City. SECTION 3. That all ordinances or pads of ordinances in conflict herewith are hereby expressly repealed. Where any provision of this ordinance imposes standards or restrictions different from those imposed by any other provision of any other City ordinance, rule, or regulation, the provisions of this ordinance shall control. SECTION 4. 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 sub a p p effect for its purpose. Therefore, if 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, word, clause, phrase, ord, or provision of this ordinance. ark for and f :\LE - DIRILisa12O08 ORDINANCES1AmendParksMasterPlan ORDINANCE prior to 2nd rdg.doc Page 4 of 4 That the foregoing ordinance was read for the fir st time e and passed to its second reading on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Ell ondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Eli on o, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: March 27, 2008 By: Lisa Aguilar Assistant City Attorney For City Attorney Henry Garrett Mayor :\LEG- DIR \Lisa1 008 ORDINAN E \ArnendParksBilasterPran ORDINANCE prior to 2nd rd .doc ■ Barney M. Davis, L.P. Request for Property Tax Abatement Economic Development Office April 8, 2008 Property Tax Abatement ❑ Request for Property Tax Abatement by Barney M. Davis, L.P. (BMD), for the period of construction at 100 %, not to exceed two (2) years. ❑ Nueces County Commissioners Court approved tax abatement for BMD on March 19, 2008, contingent upon the City designating BMD as a reinvestment zone ❑ Agreement will apply to new capital construction at the BMD plant Property ❑ The BMD plant is located within the Corpus Christi city limits ❑ Current valuation prior to the date of execution of this agreement are: • Land • Improvements $2,388,954 $4,224,410 • Base Year Value $6,793,364 Term of Abatement and Agreement ❑ The abatement becomes effective with the January 1 valuation date immediately following the date of execution of this agreement ❑ Abatement continues for a period of two (2) years expiring December 31, 2010 ❑ Estimated total capital investment is $445,000,000 ❑ Estimated added value by the owner is $310,000,000 ❑ At least 10 new permanent full -time positions will be added ■ QUESTIONS?