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Agenda Packet City Council - 01/13/2009
CITY COUNCIL AGENDA JANUARY 13, 2009 U S C1zt 0 0 .4& (� l 0 ei ► „_.. c ;sail ihaiii74' ir' IC RPORp� 1852 11:45 A.M. - Proclamation declaring Tuesday, January 13, 2009 as "Al Speight Day" Commendation: Solomon Coles High School for "Aspire High School Success Grant" Presentation of the "2009 Earn More, Learn More Calendars" by the Workforce Development Coalition AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JANUARY 13, 2009 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and .state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interpret& ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 - 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Pastor David Bierne, Travis Baptist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem Michael McCutchon Council Members: Melody Cooper City Manager Angel R. Escobar Larry Elizondo, Sr. City Attorney Mary Kay Fischer Mike Hummell City Secretary Armando Chapa Bill Kelly Priscilla Leal John Marez Nelda Martinez E. MINUTES: 1. Approval of Regular Meetings of December 9, 2008 and December 16, 2008. (Attachment # 1) Agenda Regular Council Meeting January 13, 2009 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Electrical Advisory Board * Intergovernmental Commission on Drug & Alcohol Abuse * Sister City Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CITY MANAGER'S REPORT: (NONE) I. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 3. Ordinance appropriating $166,124.40 of insurance proceeds into the General Fund No. 1020, Organization Nos. 11801 and 11870 to reimburse costs associated with a power outage and generator failure at the Police Department; changing the FY2008 -2009 Operating budget adopted by Ordinance No. 027776 to increase revenues and appropriations by $166,124.40 each. (Attachment # 3) Agenda Regular Council Meeting January 13, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 4. Ordinance authorizing the City Manager or his designee to execute a use permit agreement with Lindsey Edwards, organizer for the Cheers to Charity Wine Festival, for use of Corpus Christi Heritage Park during April 4 through April 5, 2009. (Attachment # 4) 5. Resolution authorizing the City Manager or his designee to submit an grant application to the Texas Parks and Wildlife Department in the amount of $500,000 for the purpose of participating in the local park grant program to develop the Oso Conservation Interpretive Park on Oso Bay, with City match of $500,000 in the Parks and Recreation 2009 Capital Improvement Program (CIP) Fund (General Obligation); dedicating proposed site for permanent public park and recreation uses. (Attachment # 5) 6. Motion authorizing the City Manager, or his designee, to execute a construction contract with Sendero Industries of Houston, Texas, in the amount of $597,640 for Oso Trunk Main Manhole Repair /Replacement Phase 3 for Total Base Bid and Additive Alternate. (Attachment # 6) 7. Motion authorizing the City Manager, or his designee, to execute a construction contract with Mid - America Golf and Landscape, Inc. of Lee's Summit, Missouri in the amount of $995,576 for Golf Course Improvements (existing courses) and Oso Beach Irrigation Improvements. (BOND 2004) (Attachment # 7) 8. Motion authorizing the City Manager, or his designee, to execute a construction contract with Longhorn Excavators, Inc. of Richmond, Texas in the amount of $1,923,805.50 for construction of Cefe F. Valenzuela Landfill Sector 4B Liner & Leachate Collection System & Storm Water Pond No. 1. (Attachment # 8) 9. Motion authorizing the City Manager, or his designee, to execute Change Order No. 6 with R. S. Black Civil Contractors, Inc. of Corpus Christi, Texas, in the amount of $213,725 for the Oso Water Reclamation Plant Clarifier Structural Improvements Project for replacement of non - operational slide gates and new fiberglass grating and supports. (Attachment # 9) Agenda Regular Council Meeting January 13, 2009 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 10. Motion authorizing the City Manager, or his designee, to execute Change Order No. 12 to the construction contract with SLC Construction L.P. of Conroe, Texas in the amount of $226,013 for a total restated fee of $3,036,365 for the Waldron Road Street Improvement Project for additional storm water improvements from Waldron Road east along Bayberry Place. (BOND 2004) (Attachment # 10) 11.a. Ordinance appropriating $61,715 of the unappropriated fund balance in the Reinvestment Zone No. 2 Fund 1111 for Packery Channel Monitoring for 2008 -2009; changing the FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $61,715. (Attachment # 11) 11.b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract between the City and Texas A &M University — Corpus Christi for Packery Channel Quarterly Monitoring for 2008 -2009 in the amount of $61,715 for a restated fee not to exceed an amount of $314,222. (Attachment # 11) 12. Motion authorizing the City Manager, or his designee, to execute Amendment No. 18 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $175,987 for a restated not to exceed total fee of $3,073,820.80 for the Corpus Christi International Airport for the Airfield Equipment and Maintenance Facility for engineering design, bid and construction phase services. (Attachment # 12) 13. Ordinance authorizing the City Manager or his designee to execute various Recreation Vehicle (RV) Site Leases with existing and new tenants of City property at the former Sunrise Beach RV Park at Lake Corpus Christi, for the duration of the City's operation and management of the park, with said leases to be on a month -to -month basis, as set forth in the attached Recreational Vehicle (RV) Site Lease form. (Attachment # 13) Agenda Regular Council Meeting January 13, 2009 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 14.a. Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by Marie Keast, LLC, owner and developer of Bahia Vista Unit 1, located east of Waldron Road and north of Crestline Street, for the installation of 769 linear feet of 10 -inch PVC sanitary sewer collection line. (Attachment # 14) 14.b. Ordinance appropriating $124,200 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse Marie Keast, LLC for the installation of 769 linear feet of a 10 -inch PVC sanitary sewer collection line for development of Bahia Vista Unit 1 as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement. (Attachment# 14) 15.a. Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Del Mar College District (Del Mar) in connection with the City of Corpus Christi Municipal Separate Storm Sewer System (MS4) Texas Pollutant Discharge Elimination System (TPDES) Permit. (Attachment # 15) 15.b. Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Port of Corpus Christi Authority (Port) in connection with the City of Corpus Christi Municipal Separate Storm Sewer System (MS4) Texas Pollutant Discharge Elimination System (TPDES) Permit. (Attachment # 15) 15.c. Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Texas A &M University — Corpus Christi (TAMU -CC) in connection with the City of Corpus Christi Municipal Separate Storm Sewer System (MS4) Texas Pollutant Discharge Elimination System (TPDES) Permit. (Attachment # 15) 15.d. Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Texas Department of Transportation (TxDOT) in connection with the City of Corpus Christi Municipal Separate Storm Sewer System (MS4) Texas Pollutant Discharge Elimination System (TPDES) Permit. (Attachment # 15) Agenda Regular Council Meeting January 13, 2009 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 16. First Reading Ordinance - Amending Sections 14 -1304 and 14- 1313, Code of Ordinances, City of Corpus Christi, to establish the fees for Third Party Plan Review and Inspections requested by applicant; providing for publication; and providing an effective date. (Attachment # 16) 17. Second Reading Ordinance - Revising Section 14 -222 (b)(3) Required Inspections, Code of Ordinances, City of Corpus Christi, to change the time periods required for electrical re -out inspections; providing for publication; providing for penalties; and providing an effective date. (First Reading 12/16/08) (Attachment # 17) 18.a. Second Reading Ordinance - Abandoning and vacating the Avenue "F" public street right -of -way (1.248 acres) from the East Navigation Boulevard public right -of -way to the Breakwater Street public right -of -way, subject to compliance with specified conditions. (First Reading - 12/16/08) (Attachment # 18) 18.b. Second Reading Ordinance - Abandoning and vacating a portion of the Texaco Road street right -of -way (0.384 acres), from the East Navigation Boulevard public street right -of -way, north approximately 278 feet to the city limit line, subject to compliance with specified conditions. (First Reading - 12/16/08) (Attachment # 18) 18.c. Second Reading Ordinance - Abandoning and vacating a portion of the Sigmor Road public street right -of -way (0.388 acres), from East Navigation Boulevard, north approximately 281 feet to the city limit line, subject to compliance with specified conditions. (First Reading - 12/16/08) (Attachment # 18) 18.d. Second Reading Ordinance - Abandoning and vacating a portion of the East Navigation Boulevard public street right -of -way (9.367 acres), from the Avenue "F" public street right -of -way, west approximately 5,857 feet to the city limit line, subject to compliance with specified conditions. (First Reading - 12/16/08) (Attachment # 18) 19. Second Reading Ordinance - Granting to AEP Texas Central Company, Its Successors and Assigns, a non - exclusive franchise to construct, maintain and operate lines and appurtenances and appliances for conducting electricity in, over, Agenda Regular Council Meeting January 13, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) under and through the streets, avenues, alleys and public rights - of -way of the City of Corpus Christi, Texas. (First Reading - 12/09/08) (Attachment # 19) J. PUBLIC HEARINGS: ZONING CASES: 20. Case No. 1008 -04, Raquel Medina: A change of zoning from a "B -5" Primary Business District to an "A -1" Apartment House District resulting in a change of land use from commercial to medium - density, multiple - family described as Shannon Addition, Block 1, Lot 5, 1014 Furman Avenue, located on the north side of Furman Avenue approximately 160 feet east of Staples Street. (Attachment # 20) Planning Commission and Staff Recommendation: Denial of the "A -1" Apartment House District and in lieu thereof approval of a Special Permit, subject to a site plan and two (2) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Raquel Medina, by changing the Zoning Map in reference to Shannon Addition, Block 1, Lot 5, from "B -5" Primary Business District to "B -5/SP" Primary Business District with a Special Permit to allow for the construction of a garage, subject to a site plan and two (2) conditions; amending the Comprehensive Plan to account for any deviations from the existing comprehensive plan; providing for a repealer clause; and providing for publication. 21. Case No. 1108 -02, Al Crozier /Prime Income Asset Management: A change of zoning from an "AT" Apartment Tourist District to a "B -2" Bayfront Business District resulting in a change of land use from multi family residential to commercial and high density multi - family described as Corpus Christi Beach Hotel Addition, Lot 7 -A, 4.46 acres located on Corpus Christi Beach and bounded by Surfside Boulevard, Breakers Avenue and Bushick Place. (Attachment # 21) Planning Commission and Staff Recommendation: Approval of a "B -2" Bayfront Business District. Agenda Regular Council Meeting January 13, 2009 Page 8 ORDINANCE CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Amending the Zoning Ordinance, upon application by Al Crozier /Prime Income Asset Management, Inc., on behalf of Matthew Comay, Justin Duprie, Shah Islam and Mukul Maheshwari, by changing the Zoning Map in reference to 4.46 acres out of Corpus Christi Beach Hotel Addition, Lot 7 -A, from "AT" Apartment Tourist District to "B -2" Bayfront Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; and providing for publication. STREET CLOSURE 22. Public hearing and First Reading Ordinance to consider abandoning and vacating a 1,945- square foot portion of the Lakeside Drive and Mounts Drive (undeveloped and unsurfaced) public street rights -of -way, located at the intersection of the Lakeside Drive and Mounts Drive public street rights -of -way; subject to compliance with the specified conditions. (POSTPONED FROM 12/16/08) (Attachment # 22) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND. ORDINANCES: 23. Consideration of two separate requests by petitioners pursuant to Article 1, Section 4 of the City Charter, to repeal Ordinance No.028007 which amended the Code of Ordinances, Section 23 -76, Smoking Prohibitions. (Attachment # 23) 24.a. Resolution approving a Grant Agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for the acquisition of a Turf Field system for the American Bank Center Arena authorizing the City Manager or his designee to accept the grant from the Corporation in the amount of $105,000 for that purpose. (Attachment # 24) 24.b. Ordinance approving a $105,000 grant from the Corpus Christi Business and Job Development Corporation to the City of Corpus Christi for the acquisition of a turf system for the American Bank Center Arena; appropriating and transferring $105,000, from the Corpus Christi Business and Job Agenda Regular Council Meeting January 13, 2009 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Development Corporation's unreserved fund balance of the No. 1130 Arena Facility Fund, to City's No. 4710 Visitors Facility Fund; changing the FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase estimated expenditures by $105,000 in No. 1130 Arena Facility fund and to increase both anticipated revenues and estimated expenditures by $105,000 in No. 4710 Visitors Facility Fund. (Attachment # 24) 24.c. Motion authorizing the City Manager or his designee to purchase the Defter Turf Field System from the Corpus AF2 Football, LLC, doing business as Corpus Christi Sharks, for $105,000, for use by tenants at the American Bank Center. (Attachment # 24) 25. Motion authorizing the City Manager to enter into a collective bargaining agreement with the Corpus Christi Fire Fighters' Association for wages, benefits and working conditions. (Attachment # 25) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 26. Public Information Act Procedures (Attachment # 26) (RECESS REGULAR COUNCIL MEETING) M. MEETING OF CITY CORPORATION: 27. CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION (CCCIC): (Attachment # 27) AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION REGULAR MEETING DATE: Tuesday, January 13, 2009 TIME: During the meeting of the City Council beginning at 10:00 a.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 Agenda Regular Council Meeting January 13, 2009 Page 10 1. President John E. Marez calls the meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors John E. Marez, President Melody Cooper, Vice President Larry Elizondo, Sr. Henry Garrett Mike Hummel) Bill Kelly Priscilla Leal Michael McCutchon Nelda Martinez CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Officers 'Angel R. Escobar, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance Sanchez, Asst. Treasurer 3. Approval of minutes from the December 16, 2008 meeting. 4. Financial Report 5. Motion authorizing the General Manager or his designee to execute an agreement for early termination of building lease between the CCCIC and Workforce Solutions of the Coastal Bend for property located at 1616 Martin Luther King Blvd. 6. Public Comment 7. Adjournment (RECONVENE REGULAR COUNCIL MEETING) N. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORMAT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND Agenda Regular Council Meeting January 13, 2009 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. O. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 28. Executive Session under Texas Government Code Section 551.087 to discuss or deliberate regarding commercial or financial information received from a business prospect to locate, stay, or expand in or near the City of Corpus Christi, with possible discussion and action in open session. P. LEGISLATIVE UPDATE: (NONE) Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 81st Texas Legislature. Agenda Regular Council Meeting January 13, 2009 Page 12 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Q. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bullgtin ¢oad at the front entrance to City Hall, 1201 Leopard Street, at ,( • t{.5 p.m., on January 7, 2009. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Friday before 5:00 p.m. Symbols used to highlight action items that implement council goals are on attached sheet. SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST. JANUARY 13, 2009 10:00 A.M. PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act, of the following addition to the agenda of the City Council to be considered at the above meeting: CONSENT AGENDA 14.1.a. Motion approving the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement submitted by Marie Keast, LLC, owner and developer of Bahia Vista Unit 1, located east of Jamaica Drive and north of Lola Johnson Road, for the installation of the Lola Johnson Master Plan Lift Station with 1,070 linear feet of eight-inch force main, and related appurtenances. 14.1 .b. Ordinance appropriating $1,678,849 from the No. 4220 Sanitary Sewer Trunk System Trust Fund to reimburse Marie Keast, LLC for the installation of Lola Johnson Master Plan Lift Station with 1,070 linear feet of 8-inch force main, and related appurtenances for development of Bahia Vista Unit 1, as specified in the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement. POSTING STATEMENT: This supplemental agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at d: 5S a.m., January 9, 2009. J Armando Chapa City Secretary City Council Goals 2007 -2009 Iii ��rrl \I 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 Downtown Plan Charter Review 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 9, 2008 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Michael McCutchon Council Members: Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla Leal John Marez* Nelda Martinez *Arrived at 10:07 a.m. City Staff: City Manager Angel R. Escobar Assistant City Attorney Jay Reining City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. Council Member Leal requested that a special prayer being given for Ken Chastain. The invocation was delivered by Assistant Pastor Doug Hoffman with Calvery Chapel of the Coastlands and the Pledge of Allegiance to the United States flag was led by Council Member Mike Hummell. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Garrett called for approval of the minutes of the regular Council meetings of November 11, 2008 and November 18, 2008 and the special meeting of November 13, 2008. A motion was made and passed to approve the minutes as presented. ** *** * * * **** Mayor Garrett referred to Item 2 and the following board appointments were made: Arts and Cultural Commission Teresa Crayon (Appointed) Building Code Board of Appeals Bill Ewing (Reappointed) Ricardo Martinez (Appointed) John Kendall (Appointed) Ethics Commission Randall Barrera (Appointed) Oil and Gas Advisory Committee Glen Cooper (Reappointed) Robert E. Powell (Appointed) Board of Adjustment Morgan Spear (Appointed) R. Bryan Johnson (Appointed) C.C. Regional Economic Development Corp. Sam Beecroft (Appointed) North Padre Island Development Corporation John Marez (Reappointed) Nelda Martinez (Reappointed) Priscilla Leal (Reappointed) Port of Corpus Christi Authority Francis I. Gandy (Appointed) * • • * • * * * * * * * * —1— Minutes — Regular Council Meeting December 9, 2008 — Page 2 Mayor Garrett called for consideration of the consent agenda (Items 3 -19). Several citizens requested that Item 16 be pulled for individual consideration. Council members requested that Items 3, 13, 14, and 19 be pulled for individual consideration. City Secretary Chapa requested that Item 18 be pulled for an amendment. City Secretary Chapa polled the Council for their votes as follows: 4.a. MOTION NO. 2008 -318 Motion authorizing the City Manager or his designee to accept funding in the amount of $1,600 from Target for the purchase of equipment to assist the Repeat Offender Program for the Police Department. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye'. 4.b. ORDINANCE NO 027963 Ordinance appropriating $1,600 from Target for the purchase of equipment to assist the Repeat Offender Program for the Police Department in Fund No. 1020 Police General Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 5.a. MOTION NO. 2008 -319 Motion approving the purchase of backup software and hardware from Sigma Solutions of San Antonio, Texas in the amount of $660,278 for a turnkey solution, including five -year support and maintenance services, for the following software and hardware: EMC Networker /EDL software; EMC Avamar de- duplication software and appliances; EMC Virtual Tape Library; upgrade to the StorageTek tape backup hardware; project management; and staff training. The purchase will be financed over a five -year period. The solution is the first phase in creating a disaster recovery system and increased data storage system. Sigma Solutions is a State of Texas Go Direct Vendor. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye'. 5.b. MOTION NO. 2008 -320 Motion approving the purchase of continued annual maintenance from Sigma Solutions of San Antonio, Texas for the Networker /EDL software, Avamar software and appliances, Virtual Tape Library, and StorageTek hardware solution subject to annual appropriation of funds. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 6.a. RESOLUTION NO. 027964 Resolution authorizing the City Manager or designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries, in the amount of $5,000.00 for the purchase of computers for the Northwest Branch Library. -2- Minutes — Regular Council Meeting December 9, 2008 — Page 3 The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 6.b. ORDINANCE NO. 027965 Ordinance appropriating a $5,000.00 gift from the Friends of Corpus Christi Public Libraries into the General Fund No. 1020, Organization No. 12830, Account No. 520100, for the purchase of computers for the Northwest Branch Library; changing FY2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase revenues and appropriations by $5,000.00 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 7.a. MOTION NO. 2008 -321 Motion adopting the timetable for the FY2009 Consolidated Annual Action Plan that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) programs. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 7.b. MOTION NO. 2008 -322 Motion reaffirming Community Development Block Grant (CDBG) and HOME Investment Partnerships Program objectives and guidelines as previously approved and amended by City Council Policy No. 9. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". ORDINANCE NO. 027966 Ordinance appropriating $778,503 from the Federal Aviation Administration Grant No. 3-48- 0051 -43 -2008 in the No. 3020 Airport Capital Improvement Fund for construction of a Maintenance Equipment Building, Phase II and to rehabilitate Taxiway M, Phase I at Corpus Christi International Airport; amending FY2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $778,503. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". RESOLUTION NO. 027967 Resolution authorizing the City Manager or his designee to execute a multiple use agreement with the Texas Department of Transportation ( "State ") which allows for the City to install, operate, and maintain a storm water monitoring station in State right -of -way. Minutes — Regular Council Meeting December 9, 2008 — Page 4 The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 10. MOTION NO. 2008 -323 Motion authorizing the City Manager, or his designee, to execute a construction contract with R.S. Black Civil Contractors Inc. of Corpus Christi, Texas, in the amount of $97,000 for the Whitecap Wastewater Treatment Plant South Clarifier Rehabilitation. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 11. MOTION NO. 2008 -324 Motion authorizing the City Manager or his designee to execute a Traffic Signal Installation Contract with Star Operations, Inc. of Corpus Christi, Texas in the amount of $745,176.50 for the Traffic Signal Installations for: (BOND 2004) • Part 1, Part A: Port Avenue & Ayers for the Total Base Bid; • Part 1, Part B: Gollihar & Airline for the Total Base Bid and Additive Alternate No. 1; • Part 2, Park Road 22 & Whitecap and SH361 & Commodores for the Total Base Bid. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 12. MOTION NO. 2008 -325 Motion authorizing the City Manager or his designee to execute a construction contract with A &R Demolition of Del Valle, Texas in the amount of $140,250 for the O.N. Stevens Water Treatment Plant Demolition of Chemical Feed System (Overhead Storage Tanks) 2008. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 15. ORDINANCE NO. 027968 Abandoning and vacating a 61,537.10- square foot portion of the undeveloped and unsurfaced South Oso Parkway dedicated public right -of -way, out of the Botanical Gardens Park Unit 4 Subdivision, located north of and adjacent to the South Staples Street (Farm to Market Highway 2444) public right -of -way; subject to owner's compliance with the specified conditions. (First Reading — 11/18/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 17. ORDINANCE NO. 027969 Authorizing the City Manager or his designee to execute a fourteen -year- six -month marina space rental contract with Yachting Center of Corpus Christi, LLC for the use of fifteen (15) boat slips on Peoples Street T -Head, Number 70 eastward terminating at the west bulkhead, -4- Minutes — Regular Council Meeting December 9, 2008 — Page 5 for operation of yachting center, sailing school, charter boats and related activities, including construction of utility and boat slip improvements; for monthly slip fee rental payments of $6.85 per linear foot of dock space, subject to annual slip rate changes; providing for publication. (First Reading 10/28/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 18 regarding an amendment to the Code of Ordinances. Dr. McCutchon made a motion to amend Item 18 to comply with the memo provided by staff. The motion was seconded by Mr. Kelly and passed. City Secretary Chapa polled the Council for their votes as follows: 18. ORDINANCE NO. 027970 Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 to establish a fee for estimating meter reads when access to replace meter for the automated meter reading program is not provided; providing an effective date of January 1, 2009; and providing for publication. (First Reading — 11/18/08) The foregoing ordinance was passed and approved as amended on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 3 regarding a lease agreement with War -Cat Youth Football League. Council Member Leal asked whether these fields were part of a pilot program similar to the Greenwood Youth Complex. Director of Parks and Recreation Sally Gavlik explained that this lease was different because the lease is for a joint use property with Nueces County. In response to Ms. Leal, Ms. Gavlik stated that the fields were offered "as is ". Council Member Leal expressed her displeasure that the fields would not be improved. Ms. Gavlik said that the previous lessee of the property was required to do the improvements because of the Memorandum of Understanding (MOU) signed with Nueces County. Ms. Gavlik explained that the City has not invested money in these fields because the MOU with the County stated that the fields could be returned back to the County if the County determines that there is another use for the youth activities on the property. Ms. Leal requested a report on the estimated costs to improve the field and the parking lot by the next meeting. Council Member Kelly spoke regarding the facility being moved from the property and cooperation with the County. Freddy Olivarez, War -Cat Football League, said the league would make the necessary improvements to the field and would like access as soon as possible. Mr. Olivarez said the league would need assistance with the parking lot. City Secretary Chapa polled the Council for their votes as follows: 3. ORDINANCE NO. 027962 Ordinance authorizing the City Manager or his designee to execute a one -year lease agreement, with option to extend for up to two additional one -year terms, with War -Cat Youth Football League, a non - profit organization, and Nueces County, for the use of Equistar Field located near the intersection of McKinzie Road and Haven Drive, for its youth football athletic program in consideration of maintaining the premises and improvements. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye'; Marez was absent. -5- Minutes — Regular Council Meeting December 9, 2008 — Page 6 Mayor Garrett opened discussion on Item 13 regarding the disannexation of the Sam Kane Beef Processors Inc. and the adjacent properties. Director of Economic Development Irma Caballero explained that the Department of Agriculture is guaranteeing the loan to Sam Kane Beef Processors Inc. for fifteen (15) years and has requested that the terms of the agreement be extended to fifteen (15) years. Ms. Caballero stated that the amendment to the contract is to extend the terms of the contract and clarify the annexed properties. The following topics pertaining to this item were discussed: language in the contract if the loan is retired earlier than the 15 years; allowing the City's right to re -annex the property; the U.S. Department of Agriculture (USDA) requiring true annexation terms and conditions for the full 15 years; the difference between Sam Kane being in the city limits and outside the city limits; zoning and control of land use; and whether staff had addressed the issue of Sam Kane defaulting on the loan. Ms. Martinez made a motion to table this item until the end of the meeting to allow staff to address language regarding default or retirement of the loan. The motion was seconded by Mr. Hummell. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. Mayor Garrett opened discussion on Item 14 regarding rental income at Sunrise Beach on Lake Corpus Christi. Council Member Hummell asked whether there is a current contract. Director of Water Operations Gustavo Gonzalez stated that the contract expired in March and is currently on a month -to -month basis. In response to Mr. Hummell, Mr. Gonzalez said the month -to -month contract terminates on December 31, 2008 and the City will assume operations. Council Member Hummell asked questions regarding the temporary employees; the reason City employees are not working at the facility; the cost of the conditions assessment; whether long term residents have been notified of the change in operation; and completing the conditions assessment and maintenance internally. Mr. Gonzalez explained that the temporary employees currently work for the contractor services provided and a full time employee of the Wesley Seale Dam office would work during the six -month assessment of the facility. Mr. Gonzalez added that the total cost of the expenses could be reduced once the facility is completely evaluated. Mr. Gonzalez stated that the long term tenants have been notified that of the change in operation. Mr. Hummell requested an itemization of cost associated with the facility in the next couple of months. City Secretary Chapa polled the Council for their votes as follows: 14. FIRST READING ORDINANCE Appropriating $150,000 of anticipated revenue from rental income at Sunrise Beach on Lake Corpus Christi in the No. 4010 Water Fund for the operation and maintenance of the Water Department's facility at Sunrise Beach; amending the FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase proposed expenditures and anticipated revenues by $150,000 each. 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. Mayor Garrett opened discussion on Item 16 regarding the abandoning and vacating of a public alley right -of -way in Padre Island (Playa Del Rey). Deputy Director of Development Services Johnny Perales explained that this item is the second reading of an alley closure located in Playa Del Rey. Mr. Perales stated that the alley is one of two existing access points to Packery Channel -6- Minutes — Regular Council Meeting December 9, 2008 — Page 7 County Park. Mr. Pereles added that the adjacent property owners have requested the closure and are willing to meeting the conditions specified including fair market value and execution of a Hold Harmless Agreement. Robert Bryan Johnson, 14257 Playa Del Rey, provided a copy of a petition in opposition to the alley closure and spoke regarding discussions with the applicant to postpone approval; solutions to resolve the issue; and the safety concerns addressed by the applicants. Beatrice Zimmer, 14206 Avenida De San Nico, spoke regarding the loss of neighborhood access to Packery Channel. Tim Cosgrove, 14206 Avenida De San Nico, asked that the alley not be abandoned to provide neighborhood access. Bob Johnson requested that the Council postpone the approval of the closure for 30 to 45 days to allow parties to resolve their issues. Mr. Johnson also addressed the notification process and the neighborhood's opposition to the closure. Patrick Crowley, 15102 Leeward Drive, stated that he purchased his property because of the alley way and did not see a problem with safety concerns. Bryan Gulley, applicant, provided a petition of signatures supporting the closure of the alley. Mr. Gulley stated that several property owners expressed concern for security and were not aware that the alley existed. Shannon Gulley, applicant, said her biggest concern is security. Ms. Gulley said there are several other ways to provide access to the park. Ms. Gulley said they are willing to maintain and pay for this land. Peggy Shirley, owner of Lot 4 on Villa Maria Isabel, spoke in opposition to the closure. Jerry Eaton, 14622 Villa Maria Isabel, stated that the neighbors most affected by the alley signed the petition in support of the closure. The following topics pertaining to this item were discussed: whether property owners purchased their property on reliance of the easement; if the alley was designed to provide access to Packery Channel; the language in the notification letter including information requesting comments prior to the Council meeting; whether the extension of Sand Dollar from Villa Maria Isabel to the park is City or County owned; allowing the two parties to resolve their issues; the notification area; concerns of the neighbors that don't have immediate access; the number of vacant lots; the original intention of the alley way; whether the alley was platted as an utility easement; whether the alley was covered with fill dirt; consideration of moving the alley; and whether the applicant felt that a delay would allow for a mediation between the neighborhood; Dr. McCutchon made a motion to table the item until February 10, 2009. The motion was seconded by Ms. Martinez. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 16. TABLED UNTIL FEBRUARY 10, 2009 Abandoning and vacating a 2,701.10 square foot portion ofa 10 foot wide undeveloped and subject to owncr's compliance with the specified conditions. (First Reading 11/18/08) Mayor Garrett opened discussion on Item 19 regarding an amendment to the Code of Ordinances. City Secretary Chapa announced that Council Member Kelly would abstain from the discussion and vote on this item. Carolyn Moon, 4902 Calvin, spoke regarding the head -in parking at the north end of the seawall. Council Member Hummell expressed concern regarding the "pedestrian safe" language. A brief discussion ensued regarding the "pedestrian safe" language. Council Member McCutchon addressed the issue of the width of the no parking areas. Mr. Hummel) made a motion to amend the ordinance to read "vehicle free" instead of "pedestrian safe ". The motion was seconded by Ms. Leal. -7- Minutes — Regular Council Meeting December 9, 2008 — Page 8 The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Kelly abstained; Cooper was absent. Dr. McCutchon made a motion to change the last sentence in Section 10 -77.d. to read "These areas should be marked as pedestrian crossing and the width of restriction of head -in parking may not exceed 80 feet." The motion was seconded by Ms. Martinez The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Kelly abstained. City Secretary Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 027971 Amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, to restrict vehicular traffic on the Gulf Beach seaward of portions of the concrete segment of the Padre Island seawall and establishing a vehicle free area when the distance between the toe of the seawall to the water is less than 150 feet in width, and allowing two way vehicular traffic on the Gulf Beach between the northern end of the seawall and Padre Balli Park; establishing a vehicle free area between the northern end of the concrete seawall and the Packery Channel jetty; committing the City Council to undertake efforts to restore and maintain the beach in front of the seawall to a minimum width of 200 feet; adding an appendix to the City of Corpus Christi, Texas, dune protection and beach access regulations to show the approximate location of bollards to be installed on the beach; providing for penalties; providing for severance; providing for publication; and providing a delayed effective date. (First Reading 11/18/08) The foregoing ordinance was passed and approved as amended on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Kelly was absent. Mayor Garrett called for petitions from the audience. Thomas Reilly, 726 Crown Harbor, spoke as a representative of the Corpus Christi Beach Association opposing the development of the Las Brisas Energy Center. Suzanne Taylor, 5413 Pressler Drive, spoke regarding the effect of smoking ban to non - profit organizations that conduct bingo games in Corpus Christi. Angelique Rendon, 3014 Shady Creek and representative of the Lost Pet Hot Line, asked the Council to exempt bingo halls in the smoking ordinance. Anson Nash, 56 Virginia Hills, spoke in support of the Council's decision to oppose the 78415 funding to Planned Parenthood. Council Member Leal requested a report on the services provided in the 78415 grant program. Wilson Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas plant. John Kelly, 2621 Austin, spoke in support of the educational programs provided by Planned Parenthood. Danny Mora, representative of Camp Fire USA, asked the Council to grant an exemption in the smoking ordinance for bingo halls. Cindy Lebus, Director of Education for Planned Parenthood, said that their programs have been supported by the community and provided information on the services provided. Cynthia Smith, 902 Shephard, asked the Council to exclude bingo halls from the smoking ban. Dr. Gloria Scott, 4422 S. Alameda, spoke regarding a public information request on the process for the selection of the City Manager. A brief discuss ensued regarding the process for responding to public information requests. Mayor Garrett said he would work with staff to place this -8- Minutes — Regular Council Meeting December 9, 2008 — Page 9 item on the agenda. John Adams, 307 Katherine Drive, spoke regarding the Sargassum Symposium 2008 and how to implement and improve beach management. Jerry Garcia, Southside Youth Sports Complex, thanked Billy Delgado with Parks and Recreation for his assistance at the complex. Mr. Garcia also spoke regarding the lease with War -Cat Little League and funding for the 78415 area. Craig Reynolds, Sam Kane Beef Processors, provided a card of appreciation from the employees thanking the City Council and staff for reassuring their jobs with the action taken. follows: Mayor Garrett announced the executive sessions, which were listed on the agenda as 29. Executive session pursuant to Texas Government Code, Section 551.074 to deliberate the employment and duties of the City Manager with possible discussion and action related thereto in open session. 30. Executive session under Texas Government Code Section 551.087 to deliberate the offer of financial or other incentive to a business prospect to locate, stay, or expand in or near the City of Corpus Christi, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. * * * * * * * * ** *** A motion was made and seconded to table Item 13 until December 16, 2008. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, and Marez, voting "Aye "; Cooper, McCutchon, and Martinez were absent. 13. TABLED TO DECEMBER 16, 2008 Annexation between the City and Sam Kane; Sam Kane Beef Processors, Inc.; Mary Z = °', • - -••- - - -- - •- '- _ * * * * * * * * * * ». Mayor Garrett referred to Item 28 regarding a presentation by the Gulf Coast Indian Confederation regarding the proposed commission of a Native - American bronze statue for Hans and Pat Suter Wildlife Refuge. Ray McMurray, Director of the Native American Indian Project, provided a brief overview including a history of the Indian ground site; Texas Department of Transportation's (TXDOT) archeological testing of the site; location of the property; additional research at the site; and artist David McGary. Mr. McMurray stated that the monument would commemorate the history and archeological significance of the site. Pat Suter stated that the art would be a wonderful addition to the City. Larry "Running Turtle" Salazar, Gulf Coast Indian Confederation, spoke regarding the burial ground and the significance of the site and thanked Citgo for providing funding for the project. * * * * ** * * * * * ** Minutes — Regular Council Meeting December 9, 2008 — Page 10 Mayor Garrett referred to Item 20.a. regarding the Downtown Vision Plan. Director of Economic Development Irma Caballero provided a brief overview of the efforts to revitalize downtown and the need for a vision plan. Ms Caballero introduced Raymond Gignac with Gignac Associates. Mr. Gignac introduced Allan Ward with Sisaki Associates. Mr. Ward referred to a powerpoint presentation including the planning history; vision; strengths and weaknesses; case studies; the strategy for downtown; planning principles; existing conditions; downtown streets; historical buildings; opportunity for redevelopment; infill development; parks; street improvements; planting on the Bluff; urban uses; waterfront development; examples of improvements to Chaparral Street; successful street improvements and projects in various cities; the phasing plan; the development program; and the implementation of recommendations to phase the infrastructure, develop policy initiatives, and add economic development initiatives. The following topics pertaining to this item were discussed: whether the projects supported by the City are included in the vision plan; sidewalk widening; reduced parking; retail and residential development; ordinances and policy initiatives; the role of the Ritz Theatre; and the types of parking. Mayor Garrett referred to Item 20.b. regarding the consideration of downtown as a Tax Increment Financing District (TIF). Ms. Caballero announced that the public hearing on this item will be considered at the December 16th meeting. Ms. Caballero introduced Steve Spillette who was available to respond to questions on the preliminary project plan, financing plan and the market feasibility study. Ms. Caballero also introduced members of the Downtown Redevelopment Committee. Ms. Caballero referred to a powerpoint presentation including initiatives and plans; vision; obstacles and challenges; objectives; results of the 2008 market analysis; TIF overview; downtown qualifications; the TIF process; boundaries and project area; anticipated zone role in growth; City projects; TIF financing plan and projects; TIF project costs; pay -as- you -go approach; sources of revenue; annual property tax revenue increments; and other sources of funding. The following topics pertaining to this item were discussed: whether the taxing entities appoint members to the board; the number of directors; TIF revenue projections; infrastructure improvements; consideration of short term notes; and the term of the zone. Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, spoke in support of the development of downtown. Mr. Alonzo asked questions regarding infrastructure improvements and accessibility. City Secretary Chapa polled the Council for their votes as follows: 20. FIRST READING ORDINANCE To consider designating a certain area within the jurisdiction of the City of Corpus Christi as a Tax Increment Financing (TIF) District to be known as "Reinvestment Zone Number Three, City of Corpus Christi," establishing a Board of Directors for the Reinvestment Zone, and other matters relating thereto. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye'; Kelly abstained. Mayor Garrett opened discussion on Item 23 regarding an amendment to the Smoking Prohibitions. Assistant City Attorney Elizabeth Hundley explained that the ordinance provided has incorporated the changes discussed during the presentation on November 18th including the 40% limitation in the definition of cigar bars; including the language "used by the public in Sections C and D; and illustrating the location in Section H. —10— Minutes — Regular Council Meeting December 9, 2008 — Page 11 Mayor Garrett called for comments from the audience. Dr. William Burgin spoke in favor of an ordinance that eliminates diseases caused by cigarette smoking. Jeff Minch, President of the Texas Association for the Advancement of Charitable Bingo, spoke regarding prohibiting smoking in bingo halls and the effect to charitable organizations and their causes. Mr. Minch urged the Council to follow the City of Austin's model. Carolyn Moon spoke regarding the economic impact of the smoking ordinance on small businesses. Gerald Beckman, 7622 Dijon Lake, stated that it is the Council's duty to prohibit deadly substances from being released into the environment and spoke in support of the ordinance. Mark Kemec stated that several bar businesses have air purifiers in their businesses. Mr. Kemec spoke regarding the effect of the ban on business. Dr. Mary Dale Patterson, President of Driscoll Children's Health Plan, spoke in support the smoking ordinance. Cassandra Robertson asked the Council to allow businesses to make their own decisions on whether to permit smoking in their establishments. Richard Bunkley, representative for the charitable organizations at Crosstown Bingo, spoke regarding the negative impact that the smoking ban will have on the charitable organizations at bingo halls. Mr. Buckley asked the Council to exempt bingo halls from the ordinance. Dr. Arnold Gonzales urged the Council to approve the ordinance to protect the citizens from second hand smoke. Rebecca Esparza told a story about her grandmother who died from lung cancer due to working in an establishment with second hand smoke. Abel Alonzo, 1701 Thames, said it is the Council's responsibility to ensure the health of the public. Mr. Alonzo asked the Council to support the ordinance. Ralph Jennings, Texas Bar and Tavern Coalition, spoke in opposition to the smoking ban. Mimi Kile, Smoke Free Corpus Christi, spoke in support of a comprehensive smoke free ordinance. Joe Alley, Smoke Free Corpus Christi, spoke regarding people's addition to tobacco and his right to enter a smoke free establishment. Mr. Alley encouraged the Council to pass the ordinance for the good of the community. Chris Large, Co- Director for Smoke Free Corpus Christi, urged the Council to vote in favor of the ordinance. Bob Algeo, 15629 Three Fathoms Bank Drive, said he is in support of a smoke free environment but does not support the ordinance. Clark James spoke in opposition to the smoking ordinance for the following reasons: that there is no proven harm from second hand smoke; bars and billiard halls are adult only establishments; the economic impact to business; and money already spent by bars and bingo halls to improve their establishments. Rick Hayley, Co- Director of Smoke Free Corpus Christi, spoke regarding the hazards of second hand smoke. Mr. Haley asked the Council to protect the health of the citizens of Corpus Christi. Jesse Molina asked the Council to do what is best for the community. John Kelley, 3621 Austin, spoke regarding whether the Council should prohibit the personal behavior of citizens. Joan Veith, 5701 Cain Drive, spoke in opposition to smoking. Ms. Veith expressed concern with the Council dictating to property owners what can be done in their establishments. Kay Aeby spoke regarding the impact of second hand smoke. The following topics pertaining to this item were discussed: the exclusion of private clubs; whether the City can dictate provisions to a private club; violating the ordinance when passing by an establishment's entrance; the City of Austin's ordinance regarding bingo halls; the segregation of smokers and non - smokers in bingo halls; the original smoking ban in restaurants; whether government should regulate businesses; how the issue was brought forward; whether cigar and tobacco shops are exempt; and including language for bingo halls exemptions. Mr. Hummell made a motion to add the language "except in passing" to the end of Section C. The motion was seconded by Mr. Marez. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Elizondo was absent. Mr. Hummell Minutes — Regular Council Meeting December 9, 2008 — Page 12 Ms. Martinez made a motion to include the following language regarding bingo halls: This chapter does not apply to: A bingo facility operated under the Bingo Enabling Act, Chapter 201 of the Occupations Code, if: (a) an enclosed smoking area is provided; (b) the smoking area is mechanically ventilated to prevent smoke from entering a non - smoking area; (c) no one under the age of 18 is admitted to the smoking area; and (d) patrons of the non - smoking establishment, do not have to access or cross through the smoking area to utilize any ancillary services of the establishment which are available to any patron or employee of the establishment, such as public restrooms, cashier counters, concession stands, ancillary, etc. The motion was seconded by Mr. Hummell. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Hummell, Leal, McCutchon, and Martinez voting "Aye"; Elizondo and Kelly were absent. Mr. Hummell made a motion to amend the ordinance to exclude bars. The motion was seconded by Ms. Leal. The foregoing motion failed with the following vote: Hummell, and Leal, voting "Aye "; Garrett, Cooper, Kelly, McCutchon, Marez, and Martinez, voting "No "; Elizondo was absent. City Secretary Chapa polled the Council for their votes as follows: 23. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 23, Health and Sanitation, Section 23 -76, Smoking Prohibitions, to repeal the existing provisions of the section and enact new provisions regarding smoking; providing for penalties. The foregoing ordinance was passed and approved on its first reading as amended with the following vote: Garrett, Cooper, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummel) voting "No "; Elizondo was absent. * * * * * * * * * * * * * Mayor Garrett referred to Item 22, and a motion was made, seconded and passed to open the public hearing on the capital budget: 22. Public hearing approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $161,285,700 The following topics pertaining to this item were discussed: the reason the third pump station for downtown was eliminated; continuation of the design phase of the pump station; passage of the ordinance; accelerating the Turtle Cove Storm Water project; Packery Channel improvements; and beginning Bayfront Development Phase 3 immediately after completion of Phase 1. Mayor Garrett called for comments from the audience. Ted Stephens, 513 Dolphin, stated that the third pump station is important for the revitalization of downtown. -12- Minutes — Regular Council Meeting December 9, 2008 — Page 13 Mr. Martinez made a motion to close the public hearing, seconded by Mr. Marez, and passed. Mr. Chapa polled the Council for their votes as follows: 22. FIRST READING ORDINANCE Approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $161,285,700. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Cooper, Elizondo, and Leal were absent. * * * * * • * * ***** Mayor Garrett opened discussion on Item 25 regarding a non - exclusive franchise with AEP Texas Central Company. Director of Intergovernmental Relations Rudy Garza provided a brief overview of the agreement and addressed the issues of ADA compliance and the relocation of poles. The following topics pertaining to this item were discussed: how the costs for the relocation of poles will be handled and regulatory oversite. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 25. FIRST READING ORDINANCE Granting to AEP Texas Central Company, Its Successors and Assigns, a non - exclusive franchise to construct, maintain and operate lines and appurtenances and appliances for conducting electricity in, over, under and through the streets, avenues, alleys and public rights -of -way of the City of Corpus Christi, Texas. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Cooper, Elizondo, and Leal were absent: Mayor Garrett opened discussion on Item 24 regarding Bayshore Technology Holdings, LLC. Emily Martinez, Economic Development, provided a brief overview of the terms of the contract. Bert Quintanilla, Bayshore Technologies, thanked the Council for their consideration of this item. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 24. RESOLUTION NO. 027972 Resolution approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Bayshore Technology Holdings, LLC, which authorizes grants up to $1,711,000 for the creation of full time jobs in Corpus Christi related to the development and marketing of thermal and non - thermal plasma medical and sterilization devices and gas to liquid and coal to gas technologies; authorizing the City Manager, or designee, to execute a Business Incentive Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Bayshore Technology Holdings, LLC, Business Incentive Agreement. Minutes — Regular Council Meeting December 9, 2008 — Page 14 The foregoing resolution was passed and approved with the following vote: Garrett, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Cooper, Elizondo, and Leal were absent. * * * * * * * * * * * ** :Mayor Garrett referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following street closure: 21.a. Public hearing to consider abandoning and vacating a 52,488.43- square foot portion of the Carmel Parkway public right -of -way, located between the South Staples Street and Gollihar Road street rights -of -way; subject to compliance with the specified conditions. 21.b. Public hearing to consider abandoning and vacating a 5,040.17- square foot portion of dedicated public right -of -way, located just west of the South Staples Street public right -of- way, and north of the Carmel Parkway public right -of -way; subject to compliance with the specified conditions. Deputy Director of Development Services Johnny Perales explained that this item was for the closure of Carmel Parkway from Gollihar Road to Staples Street. Mr. Perales stated that this closure was requested as part of the redevelopment of Parkdale Plaza John Bell, representative for Parkdale Plaza, said the new owner of the facility is requesting to buy the land to redevelop the street and insure good access. Mr. Martinez made a motion to close the public hearing, seconded by Mr. Marez, and passed. Mr. Chapa polled the Council for their votes as follows: 21.a. FIRST READING ORDINANCE To consider abandoning and vacating a 52,488.43- square foot portion of the Carmel Parkway public right -of -way, located between the South Staples Street and Gollihar Road street rights -of -way; subject to compliance with the specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Cooper, Elizondo, and Leal were absent. 21.b. FIRST READING ORDINANCE To consider abandoning and vacating a 5,040.17- square foot portion of dedicated public right -of -way, located just west of the South Staples Street public right -of -way, and north of the Carmel Parkway public right -of -way; subject to compliance with the specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Cooper, Elizondo, and Leal were absent. -14- Minutes — Regular Council Meeting December 9, 2008 — Page 15 Mayor Garrett opened discussion on Item 26 regarding an amendment to the Animal Care and Control Ordinance. Assistant City Manager Margie Rose explained that this item was requested by a citizen, Natalie Olson, after she was bitten by a dog. Ms. Rose stated that Ms. Olson provided suggestions to staff and that staff has reviewed the changes and determined that the ordinance should be amended. Animal Care Services Program Manager Kelli Copeland, provided an overview of the amendments including allowing the City to deny a registration or permit to any individual that has been convicted of two (2) or more failure to restrain violations in the presiding 24 months and their animal has been involved in a biting incident and changes to administrative proceedings. Natalie Olson spoke regarding the injuries she and her dog sustained during a dog attack and the different attacks made by the same dogs to other individuals. City Secretary Chapa polled the Council for their votes as follows: 26. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 6, Animal Care and Control, Section 6 -13, to establish a new provision regarding denial of registration; amending Section 6 -14 to establish a new provision regarding a reapplication period; amending Section 6 -76, revising provisions related to administrative hearings; providing for an effective date; providing for penalties. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Cooper, Elizondo, and Leal were absent. Mayor Garrett referred to Item 27 regarding an update on the Northside Redevelopment Study Area Phase II — Summary of the Planning Phase and Redevelopment Concepts. Jim Hill, Civic Design Associates, provided a summary of the study including the completion of Phase II; Phase III; previous planning efforts; the vision; residential and mixed use development; neighborhood meetings; and the Harbor Bridge reconstruction. The following topics pertaining to this item were discussed: the Harbor Bridge reconstruction; Phase III; and City investment for the area. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 7:05 p.m. on December 9, 2008. -15- MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 16, 2008 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Michael McCutchon Council Members: Melody Cooper* Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla Leal John Marez ** Nelda Martinez *Arrived at 10:20 a.m. * *Arrived at 10:10 a.m. City Staff: City Manager Angel R. Escobar 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 Council Member Nelda Martinez and the Pledge of Allegiance to the United States flag was led by Council Member Priscilla Leal. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. * * * * * * * * * * ** Mayor Garrett referred to Item 42 regarding the 20th Annual "Feast of Sharing ". Assistant to the Mayor Linda Lewis and representatives of the "Feast of Sharing" Committee provided an overview of the activities for the "Feast of Sharing" event which will be held at the American Bank Center on Wednesday, December 24th from 11:00 a.m. to 3:00 p.m. * * * * * * * * * * * ** Mayor Garrett announced that the smoking ordinance would be considered at 3:30 p.m. Mayor Garrett also announced that the Council would go into executive session at 11:00 a.m. Mayor Garrett called for consideration of the consent agenda (Items 1 -29). City Secretary Chapa announced that Items 15 and 25 have been removed for individual consideration by staff for amendment and Items 10 and 17 have been removed from consent for executive session. Mr. Abel Alonzo requested that Item 19 be pulled for individual consideration. Mr. Bill Kopecky requested that Item 27 be pulled for individual consideration. Ms. Natalie Olson requested that Item 29 be pulled for individual consideration. Council members requested that Items 3, 9, 16, 20, 23, and 24 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 1. MOTION NO. 2008 -326 Motion approving the lease- purchase of one (1) Caterpillar 120M Motor Grader, one (1) Caterpillar CB -534D Vibratory Asphalt Compactor, and two (2) Caterpillar PS -150C Pneumatic Compactor from Holt -Cat, of Irving, Texas for a total amount of $472,927 of which $35,267.16 is budgeted in FY 2008 -2009. The award is based on the cooperative —17- Minutes — Regular Council Meeting December 16, 2008 — Page 2 purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The equipment will be used by the Street Department. All units are replacements to the fleet. Financing will be provided through the City's lease- purchase program. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". MOTION NO. 2008 -327 Motion approving the lease /purchase of one (1) Sterling truck tractor from Grande Truck Center, of San Antonio, Texas for a total amount of $84,504. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The unit is a replacement to the fleet and will be used by Street Services. Financing for the truck tractor will be provided through the City's lease /purchase financing program. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 4. RESOLUTION NO. 027974 Resolution authorizing the submission of a grant application in the amount of $89,291.82 to the State of Texas Criminal Justice Division for Year 10 funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit with a City match of $19,578 and $4,000 in -kind services and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 5. RESOLUTION NO. 027975 Resolution authorizing the submission of a grant application in the amount of $100,964.38 to the State of Texas, Criminal Justice Division for Year 10 funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit with a City match of $42,088.74, an in -kind match of $16,800, for a total project cost of $159,853.12 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 6.a. RESOLUTION NO. 027976 Resolution authorizing the City Manager or his designee to execute a sub - recipient agreement in the amount of $1,500,730 with the Office of the Governor's Division of Emergency Management Homeland Security Grant Program; and authorizing the City Manager or his designee, to accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". -18- Minutes — Regular Council Meeting December 16, 2008 — Page 3 6.b. MOTION NO. 2008 -328 Motion authorizing the City Manager or his designee to accept a grant in the amount of $1,500,730 from the Office of the Governor's Division of Emergency Management Homeland Security Grant Program for the purchase of specialized equipment and training. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 6.c. ORDINANCE NO. 027977 Ordinance appropriating $1,500,730 from the Office of the Governor's Division of Emergency Management Homeland Security Grant Program in the No. 1062 Fire Grants Fund for the purchase of specialized equipment and training. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 7.a. RESOLUTION NO. 027978 Resolution ratifying acceptance of a $738,215 grant awarded by the Area Agency on Aging of the Coastal Bend for the FY 2008 Senior Community Services, Elderly Nutrition Program. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 7.b. ORDINANCE NO. 027979 Ordinance ratifying appropriation of a $738,215 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation Grants Fund for the FY 2008 Senior Community Services, Elderly Nutrition Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 7.c. RESOLUTION NO. 027980 Resolution ratifying acceptance of a $257,311 grant awarded by the Texas Department of Aging and Disability Services for the FY 2008 Senior Community Services, Title XX Meals on Wheels Program. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 7.d. ORDINANCE NO. 027981 Ordinance ratifying appropriation of a $257,311 grant from the Texas Department of Aging and Disability Services in the No. 1067 Parks and Recreation Grants Fund for the FY 2008 Senior Community Services, Title XX Meals on Wheels Program. -19- Minutes — Regular Council Meeting December 16, 2008 — Page 4 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 8.a. RESOLUTION NO. 027982 Resolution authorizing the City Manager or his designee, to execute an Interlocal Agreement with the Calallen Independent School District (ISD) for the City of Corpus Christi to operate a Latchkey program at Calallen ISD from January 1, 2009 through July 31, 2015. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 8.b. ORDINANCE NO. 027983 Ordinance appropriating $146,623 in the General Fund No. 1020 from the estimated revenues from Latchkey afterschool and summer registrations; changing FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase estimated revenues and appropriations by $146,623 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 11. ORDINANCE NO. 027985 Ordinance appropriating $121,274.93 from the unappropriated fund balance designated for Municipal Court facility security including two Deputy City Marshals, walk -thru detector services, temporary security services; changing FY 2008 -09 Operating Budget adopted by Ordinance 027776 to increase appropriations by $121,274.93. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 12. ORDINANCE NO. 027986 Ordinance appropriating $258,685.69 from the Municipal Court Technology Fund for Mentalix Live Scan equipment, cameras and other defined equipment for enforcement; changing FY 2008 -09 Operating Budget adopted by Ordinance 027776 to increase appropriations by $258,685.69. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 13. ORDINANCE NO. 027987 Ordinance appropriating $26,685.84 from the Municipal Court Judicial Improvement Fund for temporary staff, overtime for the Warrant Round Up and expenses related to extended hours and mailouts; changing FY 2008 -09 Operating Budget adopted by Ordinance 027776 to increase appropriations by $26,685.84. -20- Minutes — Regular Council Meeting December 16, 2008 — Page 5 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 14. RESOLUTION NO. 027988 Resolution expressing support for the Big City Mayors' Legislative Initiative dealing with Homelessness. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 18. RESOLUTION NO. 027990 Resolution adopting the Corpus Christi Commercial Revitalization Local Strategic Plan. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 21. MOTION NO. 2008 -334 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 $72,825.62 for Solomon Coles Gymnasium Window Replacement on the North and South Sides. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 22. MOTION NO. 2008 -335 Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 in the amountof$100,000with HDR Engineering, Inc. for on -call services related to utility financial planning, utility rate determination, wholesale customer mediation expert testimony and other utility matters dealing with utility planning, finance, and growth management. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 26. FIRST READING ORDINANCE Revising Section 14 -222 (b)(3) Required Inspections, Code of Ordinances, City of Corpus Christi, to change the time periods required for electrical re -out inspections; providing for publication; providing for penalties; 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, Marez, and Martinez, voting "Aye ". 28. ORDINANCE NO. 027994 Appropriating $150,000 of anticipated revenue from rental income at Sunrise Beach on Lake Corpus Christi in the No. 4010 Water Fund for the operation and maintenance of the Water Department's facility at Sunrise Beach; amending the FY 2008 -2009 Operating Budget —21— Minutes — Regular Council Meeting December 16, 2008 — Page 6 adopted by Ordinance No. 027776 to increase proposed expenditures and anticipated revenues by $150,000 each: (First Reading 12/09/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 3 regarding an agreement with Harris County. Council Member Martinez asked questions regarding the reason the City is participating in an interlocal agreement with Harris County. Assistant Director of Financial Services Michael Barrera stated that the agreement would allow for a more competitive bidding process. City Secretary Chapa polled the Council for their votes as follows: 3. RESOLUTION NO. 027973 Resolution authorizing the City Manager or his designee to participate in an Interlocal Agreement with Harris County, Texas allowing the City of Corpus Christi, Texas to secure goods and services competitively procured by Harris County, Texas, when in the best interest of the City. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye "; McCutchon was absent. Mayor Garrett opened discussion on Item 9 regarding contracts for arts and cultural organizations. Council Member Kelly asked whether the City could provide in -kind services to the Corpus Christi Concert Ballet for the fees at the park. Director of Parks and Recreation Sally Gavlik said staff would look into the park fees. City Secretary Chapa polled the Council for their votes as follows: 9. MOTION NO. 2008 -329 Motion approving the allocation of $32,770.70 from the Hotel Occupancy Tax Fund and $61,633.30 from the General Fund to fund grant contracts with sixteen (16) arts and cultural organizations for a total of twenty -two (22) arts projects. Funding was authorized in the FY 2008 -2009 budget. 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 16 regarding the City of Corpus Christi's Investment Policy. Interim Director of Financial Services Constance Sanchez and City Treasurer David Hedberg was present to respond to questions. The following topics pertaining to this item were discussed: the number of failed transactions; how the City has addressed securities; the Local Government Investment Pool; the Texas Term Investment Pool; authorized institutions; whether there have been any deletion of institutions; when the last audit occurred; the last change to the investment policy; whether the Investment Analyst is a City employee; update on the City's portfolio; impact on the operating revenue; and whether the investments are handled by the Comptroller and Cash Management Department. City Secretary Chapa polled the Council for their votes as follows: 16. RESOLUTION NO. 027989 Resolution reaffirming the City of Corpus Christi's investment policy. -22- Minutes — Regular Council Meeting December 16, 2008 — Page 7 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 19 regarding the Greenwood Drive Improvements from Gollihar to South Padre Island Drive (SPID). Abel Alonzo, 1701 Thames, thanked City Manager Escobar and staff for working to improve streets to become ADA compliant. Council Member McCutchon asked whether the change order included an engineering fee. Interim Director of Engineering Kevin Stowers said there was not an engineering fee with this item. Council Member McCutchon requested a construction cost comparison between this item and the previous curb and gutter item Council approved. City Secretary Chapa polled the Council for their votes as follows: 19. MOTION NO. 2008 -332 Motion authorizing the City Manager or his designee to execute Change Order No. 5 to the construction contract with Salinas Construction Technologies of Pleasanton, Texas in the amount of $186,166.42 for a total restated fee of $4,068,151.90 for the Greenwood Drive Improvements, Phase 1, from Gollihar to SPID for additional improvements to existing sidewalks, ADA ramps, driveways, and curb and gutter. 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 20 regarding the Whataburger Way Drainage Improvements. The following topics pertaining to this item were discussed: the response to address the drainage issues; the maximum amount for administrative approval; the project costs; the percentage of engineering costs; how engineers are paid; problems with the drainage; whether the work was bid; selection of engineers; the Engineering Practices Act; and whether there is a system to approve engineers by categories or rotation. Dr. McCutchon requested a copy of the itemization of costs for this project and a list of the engineering contracts by administrative action in the last year. City Secretary Chapa polled the Council for their votes as follows: 20. MOTION NO. 2008 -333 Motion authorizing the City Manager or his designee to execute Change Order No. 6 to a construction contract with SLC Construction, LP, of Conroe, Texas in the amount of $139,909.04 for the Whataburger Way drainage improvements project. 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 15 regarding a subrecipient agreement with the Corpus Christi Community Improvement Corporation. City Secretary Chapa explained that this item was pulled to amend the address to 402 N. Port. Ms. Martinez made a motion to amend the address to 402 N.Port. The motion was seconded by Dr. McCutchon. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Council Member Leal spoke regarding the state's approval of tax credits for this project. City Secretary Chapa polled the Council for their votes as follows:" 15. MOTION NO. 2008 -330 Motion authorizing the City Manager or his designee to execute a subrecipient agreement with the Corpus Christi Community Improvement Corporation (CCCIC) to fund The Apartments of the Village for $400,000 of HOME Program grant funds to be provided from -23- Minutes — Regular Council Meeting December 16, 2008 — Page 8 FY2007 and FY2008 for acquisition and development costs related to an affordable housing development to be located at 402 N. Port. The foregoing motion was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 23 regarding pipeline adjustments at the Corpus Christi International Airport. Council Member McCutchon asked questions regarding the expense for moving two pipelines by one company and whether the pipelines are different than the pipelines previously approved by Council. Interim Director of Engineering Kevin Stowers explained that this pipeline is more expensive because NuStar has a 20% contingency in their contract. Mr. Stowers said the contractor set a much higher not to exceed agreement that may change once the relocation is finished. Mr. Stowers stated that the pipelines sizes are different from the previous relocations. City Secretary Chapa polled the Council for their votes as follows: 23. MOTION NO. 2008 -336 Motion authorizing the City Manager or his designee to execute an agreement for adjustment of a six -inch (6 ") pipeline and a ten -inch (10 ") pipeline in an amount not to exceed $370,645 with NuStar Logistics, L.P., of San Antonio, Texas for the Corpus Christi International Airport Drainage Phase VI Project. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper and Kelly were absent. Mayor Garrett opened discussion on Item 24 regarding a temporary construction easement at the Cefe Valenzuela Landfill. Council Member Hummell asked questions regarding the explanation of the pipeline construction; the City's compensation; whether the company is paying for the construction of the easement; and the age of the existing easement. Interim Director of Engineering Kevin Stowers explained that Onyx Pipeline is requesting an easement across the landfill. Mr. Stowers said that Onyx is paying the City $272 for the easement. Mr. Stowers stated that the existing easement has been there since 1956. City Secretary Chapa polled the Council for their votes as follows: 24. ORDINANCE NO. 027991 Ordinance granting a temporary construction easement to Onyx Pipeline Company for a seventy -foot (70') wide strip of land located across the northern end of the Cefe Valenzuela Landfill; authorizing the City Manager or his designee to execute the temporary construction easement and other related documents for the conveyance of the easement. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper and Kelly were absent. Mayor Garrett opened discussion on Item 27 regarding the abandoning and vacating of a portion of Carmel Parkway. Bill Kopecky, 3609 Topeka, spoke regarding a cost sharing agreement for changes to the traffic signal. Deputy Director of Development Services Johnny Perales explained that a traffic impact study is required as part of the street closure. Mr. Perales added that staff has recommended leaving the existing signal alone. Mr. Kopecky said the City should maintain the right - of -way. John Bell, representative for the property owner, stated that there are not any loop detectors —24— Minutes — Regular Council Meeting December 16, 2008 — Page 9 in the pavement. Mr. Bell added that there is a public access easement maintained by the City for this area. Mr. Bell explained that the request for the closure is to upgrade the sidewalk. City Secretary Chapa polled the Council for their votes as follows: 27.a. ORDINANCE NO. 027992 Abandoning and vacating a 52,488.43- square foot portion of the Carmel Parkway public right -of -way, located between the South Staples Street and Gollihar Road street rights -of- way; subject to compliance with the specified conditions. (First Reading 12/09/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. 27.b. ORDINANCE NO. 027993 Abandoning and vacating a 5,040.17- square foot portion of dedicated public right -of -way, located just west of the South Staples Street public right -of -way, and north of the Carmel Parkway public right -of -way; subject to compliance with the specified conditions. (First Reading 12/09/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. Mayor Garrett opened discussion on Item 29 regarding an amendment to the Code of Ordinances. Natalie Olson thanked Assistant City Manager Margie Rose, Animal Care Services Program Manager Kelli Copeland, Assistant City Attorney Elizabeth Hundley, and staff for their assistance with this ordinance. Ms. Olson asked the Council to vote in support of the ordinance. City Secretary Chapa polled the Council for their votes as follows: 29. ORDINANCE NO. 027995 Amending the Code of Ordinances, Chapter 6, Animal Care and Control, Section 6 -13, to establish a new provision regarding denial of registration; amending Section 6 -14 to establish a new provision regarding a reapplication period; amending Section 6 -76, revising provisions related to administrative hearings; providing for an effective date; providing for penalties. (First Reading 12/09/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 25 regarding an agreement with the Texas Commission on Environmental Quality. City Secretary Chapa explained that the date on the compliance agreement in Section II, 1. needed to be changed from December 31, 2008 to January 31, 2009. Mr. Marez made a motion to change the date. The motion was seconded by Ms. Leal. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". City Secretary Chapa polled the Council for their votes as follows: -25- Minutes — Regular Council Meeting December 16, 2008 — Page 10 25. MOTION NO. 2008 -337 Motion authorizing the City Manager or his designee to execute a compliance agreement with the Texas Commission on Environmental Quality to address closure procedures for the J. C. Elliott Landfill. The foregoing motion was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". * * * * * * **** Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 47. Executive session pursuant to Texas Government Code, Section 551.074 to deliberate the employment and duties of the City Manager with possible discussion and action related thereto in open session. 48. Executive session under Texas Government Code Section 551.087 to deliberate the offer of financial or other incentive to a business prospect to locate, stay, or expand in or near the City of Corpus Christi, with possible discussion and action in open session. 17. Executive session under Section 551.087 of the Texas Government Code to discuss or deliberate regarding commercial or financial information that the City Council has received from, or to deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have locate, stay, or expand in or near the City and with which the City Council is conducting economic development negotiations, with possible discussion and action in open session. 10. Executive session pursuant to Texas Government Code Section 551.087: Deliberations Regarding Economic Development Negotiations, with possible discussion and action related thereto in open session The Council went into executive session. The Council returned from executive session and the following motions were passed with the following vote: 10. ORDINANCE NO. 027984 Ordinance authorizing the City Manager or his designee to execute an extension of the lease with Landry's Seafood and Steakhouse — CC, Inc. until March 31, 2009, to operate a restaurant on Peoples Street T -Head in consideration of payment of $6,000 per month or 2.75% of monthly gross sales, whichever is greater. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Elizondo was absent. 17. MOTION NO. 2008 -331 Motion authorizing the City Manager to amend the Contracts for Services in Lieu of Annexation between the City and Sam Kane; Sam Kane Beef Processors, Inc.; Mary Hutchins Triestman Limited Partnership and Sam Kane Beef Processors, Inc.; and Abhud, -26- Minutes — Regular Council Meeting December 16, 2008 — Page 11 LLC and Sam Kane Beef Processors, Inc., which were authorized by the City Council on November 18, 2008, in relation to the disannexation of the property, by extending the terms of the contracts from five (5) to fifteen (15) years and clarifying terms for reannexing the properties and application of City ordinances to the properties. (Tabled from 12/09/08) 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 called for comments from the audience. Dr. Wes Stafford spoke in support of the smoking ordinance and asked the City Council to defer on any decisions regarding Las Brisas until the Texas Commission on Environmental Quality's (TCEQ) decision on the licensing of the plant. Wilson Wakefield, 6026 Killarment, spoke regarding the emissions from the Las Brisas plant. Diana Stillman, 7709 Valley View, asked the Council to rescind their support or do nothing to further support the Las Brisas plant. Rudy Medina, 5413 Cain, spoke regarding code enforcement issues at a commercial property located near his house. Mikell Smith, 1005 Meadowbrook, asked the Council not to take any action relating to the Las Brisas plant. Peggy Duran, 4022 Congressional, requested that the Council place an item on their agenda supporting a moratorium on the death penalty. Maximo Vera, 3721 Waterloo Drive, spoke regarding a citation received by his son for parking in front of his home during construction of the street. Henry Williams, 2422 Summers Street, commended the Mayor and Council for their position on the Planned Parenthood grant. OscarVera, 4810 Blunder, spoke regarding his parking violation and requested that all parking violations in the 78415 area be dismissed due to the construction in the neighborhood. Neil McQueen, spoke regarding the permitting of the Las Brisas plant. Abel Alonzo, 1701 Thames, acknowledge individuals that did an act of kindness to help a person in need. Dr. Gloria Scott spoke regarding information received on an open records request. Mayor Garrett made a presentation to individuals for their clean up efforts in the downtown area. Mayor Garrett referred to Item 30, and a motion was made, seconded and passed to open the public hearing on the following downtown tax increment financing district (TIF): 30. Public hearing to consider designating a certain area within the jurisdiction of the City of Corpus Christi as a Tax Increment Financing (TIF) District to be known as "Reinvestment Zone Number Three, City of Corpus Christi, Texas ", establishing a Board of Directors for the Reinvestment Zone, and other matters relating thereto. City Secretary Chapa announced that Council Member Kelly would abstain from the discussion and vote on Item 30. Director of Economic Development Irma Caballero referred to a powerpoint presentation including the vision, obstacles and challenges; downtown objectives; market; qualifications for TIF; boundaries and project area; downtown projects; financing plan; focus area; project costs; pay as you go approach; the sources of revenue; and the view of the future. No one appeared in opposition to the TIF. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their votes as follows: —27— Minutes — Regular Council Meeting December 16, 2008 — Page 12 30. ORDINANCE NO. 027996 To consider designating a certain area within the jurisdiction of the City of Corpus Christi as a Tax Increment Financing (TIF) District to be known as "Reinvestment Zone Number Three, City of Corpus Christi, Texas ", establishing a Board of Directors for the Reinvestment Zone, and other matters relating thereto. (First Reading 12/09/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Kelly abstained. Mayor Garrett referred to Item 31, and a motion was made, seconded and passed to open the public hearing on the following street closure: 31. Public hearing and First Reading Ordinance to consider abandoning and vacating a 1,945 - square foot portion of the Lakeside Drive and Mounts Drive (undeveloped and unsurfaced) public street rights -of -way, located at the intersection of the Lakeside Drive and Mounts Drive public street right -of -way; subject to compliance with the specified conditions. Mayor Garrett announced that Item 31 has been requested for postponement. Mr. Marez made a motion to postpone the public hearing until January 13, 2009. The motion was seconded by Mr. Elizondo. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent. Mayor Garrett referred to Item 32.a -e, and a motion was made, seconded and passed to open the public hearing on the following street closure: 32.a. Public hearing to consider abandoning and vacating the Avenue "F" public street right -of- way (1.248 acres) from the East Navigation Boulevard public right -of -way to the Breakwater Street public right -of -way, subject to compliance with specified conditions. 32.b. Public hearing to consider abandoning and vacating a portion of the Texaco Road street right -of -way (0.384 acres), from the East Navigation Boulevard public street right -of -way, north approximately 278 feet to the city limit line, subject to compliance with specified conditions. 32.c. Public hearing to consider abandoning and vacating a portion of the Sigmor Road public street right -of -way (0.388 acres), from East Navigation Boulevard, north approximately 281 feet to the city limit line, subject to compliance with specified conditions. 32.d. Public hearing to consider abandoning and vacating a portion of the East Navigation Boulevard public street right -of -way (9.367 acres), from the Avenue "F" public street right -of- way, west approximately 5,857 feet to the city limit line, subject to compliance with specified conditions. Deputy Director of Development Services Johnny Perales provided a map of the proposed public rights -of -way closure requested by the Port of Corpus Christi Authority. Mr. Perales provided a brief overview of the project background and the acquisition of some property from the Port in association with City projects. Pat Veteto and Greg Rubeck, representatives for the Port of Corpus Christi, were available to respond to questions. -28- Minutes — Regular Council Meeting December 16, 2008 — Page 13 The following topics pertaining to this item were discussed: the City and County limits; the entrance to the refrigerated warehouse; the location of the Las Brisas plant and Joe Fulton Corridor; the reason for the closure; the location of the current secured area at the Port; safety and security issue; public access through the Joe Fulton Corridor; how the Port currently deals with traffic for moving cargo on Navigation; whether a traffic study or analysis has been done; emergency personnel access; providing security south of Navigation and Avenue F; oil and cargo dock gates; the elimination of manned gates; security closer to the water; private ownership at the Port; issuance of security cards; the Homeland Security Grant obtained by the Port; who currently mans the gates; docks located in the industrial district; and the area within the City limits controlled by the Port. No one appeared in opposition to the street closure. 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: 32.a. FIRST READING ORDINANCE To consider abandoning and vacating the Avenue "F" public street right -of -way (1.248 acres) from the East Navigation Boulevard public right -of -way to the Breakwater Street public right - of -way, subject to compliance with specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell voting "No ". 32. b. FIRST READING ORDINANCE To consider abandoning and vacating a portion of the Texaco Road street right -of -way (0.384 acres), from the East Navigation Boulevard public street right -of -way, north approximately 278 feet to the city limit line, subject to compliance with specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell voting "No ". 32.c. FIRST READING ORDINANCE To consider abandoning and vacating a portion of the Sigmor Road public street right -of -way (0.388 acres), from East Navigation Boulevard, north approximately 281 feet to the city limit line, subject to compliance with specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell voting "No ". 32.d. FIRST READING ORDINANCE To consider abandoning and vacating a portion of the East Navigation Boulevard public street right -of -way (9.367 acres), from the Avenue "F" public street right -of -way, west approximately 5,857 feet to the city limit line, subject to compliance with specified conditions. -29- Minutes — Regular Council Meeting December 16, 2008 — Page 14 The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell voting "No ". 32.e. RESOLUTION NO. 027997 Resolution authorizing the City Manager or his designee to execute a Right -of -Way Agreement with the Port of Corpus Christi Authority for the purpose of exchanging real estate rights needed by each party. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell voting "No ". * * * * * ** * * * * ** Mayor Garrett referred to Item 43 regarding a report on the Calallen Independent School District (CISD). Director of Education Initiatives JoAnn Hooks explained that the presentation is the third in a series of presentation from the area's school districts to provide an overview of the district's education landscape in the community. Superintendent of CISD Dr. Arturo Almendarez introduced Assistant Superintendent Dr. Anita Danahar; Board Member Tammy McDonald; Executive Assistant Annie Swetish; and Executive Director of the Craft Training Center Dr. Ann Matula. Dr. Almendarez referred to a powerpoint presentation including academic recognitions; Title I distinction; elementary campuses; 3rd grade TAKS statistics; middle school recognitions, "Club Friday" activities, mandatory tutorial and enrichment classes, and high school credit courses offered; high school recognitions; AP scholar awards; National Merit Scholar awards; advanced placement program; athletics; academic challenges; CHS Robotics Team; Coastal Bend Blood competition; new courses added; career pathways; and bond projects. The following topics pertaining to this item were discussed: the Academy of Industrial and Agricultural Sciences programs and the Title I qualifications. Mayor Garrett referred to Item 44 regarding the quarterly report from the Corpus Christi Economic Development Corporation (EDC). Roland C. Mower, President and CEO, referred to a powerpoint presentation including the 2008 activity summary for existing industry and business attraction; activity update; significant organizational changes; programmatic changes; the Think Big Campaign vision, goals, anticipated result, and strategy; and campaign summary. Mr. Mower showed a video on the businesses and resources in the region. The following topics pertaining to this item were discussed: the steps taken due to the nationwide economic downturn; the number of jobs lost due to the economy; the focus on diversity and inclusiveness; NuCoastal Energy; and workforce incentives. ** * *** * ** ** ** Mayor Garrett referred to Item 33 regarding the Sanitary Sewer Trunk System Trust Fund. Deputy Director of Development Services Johnny Perales explained that this item was a result of a directive by Council to develop an ordinance to repeal a previous ordinance which authorized a $3.5 million loan from the Wastewater CIP fund to the Sanitary Sewer Trunk System Trust Fund. In response to Council Member Hummell, Mr. Perales explained that the loan was authorized but the money was never appropriated or transferred and remained in the Unreserved Fund Balance. City Secretary Chapa polled the Council for their votes as follows: -30- Minutes — Regular Council Meeting December 16, 2008 — Page 15 33. ORDINANCE NO. 027998 Ordinance repealing Ordinance 026215, adopted on April 12, 2005, which loaned, approved the transfer as needed, and appropriated a total not to exceed $3,500,000 from the Unreserved Fund Balance in the No. 3430 Wastewater CIP Fund to the Sanitary Sewer Trunk System Trust Fund, to be repaid to the No. 3430 Wastewater CIP Fund at an interest rate equal to the AAA Rated 5 -Year Municipal Bond Rate on the date of the loan, to fund the shortfall resulting from pending applications to the Sanitary Sewer Trunk System Trust Fund; and amended the 2004/2005 CIP Budget adopted by Ordinance #026188 to increase appropriations into the No. 3430 Wastewater CIP Fund by $3,500,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were absent. Mayor Garrett opened discussion on Item 34 regarding the Sanitary Sewer Trunk System Trust Fund. Deputy Director of Development Services Johnny Perales explained that staff received a directive from the Council for the transfer of funds from the Wastewater CIP Fund to the Sanitary Sewer Trunk System Trust Fund. Mr. Perales stated that this item focused on the Rose Acres and London School water improvement projects. The following topics pertaining to this item were discussed: the directive from the Council workshop on how to fund the wastewater treatment plan expansion, including impact fees and other alternatives, the effect on rate payers, and the impact of the various approaches; the status of the water line past London; looping of the water line; TCEQ's decision regarding the flushing of the London water line; the Council directive that the line not be built if flushing had to be done; the cost associated with the water line extension to London school and the size of the line; the reason forthe original $3.5 million loan to the trunk fund; the necessity of this transfer; developer contributions; whether there is a system in place to review the fees and viability of the trust funds; the amendments to the platting ordinance; the directive for a more detailed plan to incorporate a development component within future capital improvement programs as part of a city directed growth and /or redevelopment incentive plan; Texas Municipal League language regarding expanding infrastructure; and impact fees. Dr. McCutchon requested that staff provide a status report on the water line extension for London Club Estates. City Secretary Chapa polled the Council for their votes as follows: 34. ORDINANCE NO. 027999 Ordinance appropriating and approving the transfer of $1,300,000 from the Unreserved Fund Balance in the No. 3430 Wastewater CIP Fund to the No. 4220 Sanitary Sewer Trunk System Trust Fund for developer reimbursements. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett referred to Item 35.a -c., and a motion was made, seconded and passed to open the public hearing on the following trust fund: -31- Minutes — Regular Council Meeting December 16, 2008 — Page 16 35.a. Public hearing to consider appropriating and approving the transfer of $700,000 from the unreserved fund balance in the No. 4030 Water Arterial Transmission and Grid Main Fund to the No. 4220 Sanitary Sewer Trunk System Trust Fund for developer reimbursements. 35.b. Public hearing to consider appropriating and approving the transfer of $600,000 from the unreserved fund balance in the No. 4030 Water Distribution Main Fund to the No. 4220 Sanitary Sewer Trunk System Trust Fund for developer reimbursements. 35.c. Public hearing to consider appropriating and approving the transfer of $350,000 from the unreserved fund balance in the No. 4220 Sanitary Sewer Collection Line Fund to the No. 4220 Sanitary Sewer Trunk System Trust Fund for developer reimbursements. Deputy Director of Development Services Johnny Perales stated that this item is staffs recommendations as a result of conducting the annual audit. Mr. Perales stated that this item is to re- distribute moneys between the funds to meet the needs of development for the remainder of fiscal year. No one appeared in opposition to the trust fund. Mr. Marez made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 35.a. ORDINANCE NO. 028000 Ordinance appropriating and approving the transfer of $700,000 from the unreserved fund balance in the No. 4030 Water Arterial Transmission and Grid Main Fund to the No. 4220 Sanitary Sewer Trunk System Trust Fund for developer reimbursements. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 35.b. ORDINANCE NO. 028001 Ordinance appropriating and approving the transfer of $600,000 from the unreserved fund balance in the No. 4030 Water Distribution Main Fund to the No. 4220 Sanitary Sewer Trunk System Trust Fund for developer reimbursements. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 35.c. ORDINANCE NO. 028002 Ordinance appropriating and approving the transfer of $350,000 from the unreserved fund balance in the No. 4220 Sanitary Sewer Collection Line Fund to the No. 4220 Sanitary Sewer Trunk System Trust Fund for developer reimbursements. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". -32- Minutes — Regular Council Meeting December 16, 2008 — Page 17 Mayor Garrett referred to Item 36 regarding the public hearing on the platting ordinance amendments. Deputy Director of Development Services Johnny Perales explained that this item is being postponed by staff. V.B.6.b)(1), (2) and (10), V.B.6.c)(1) and (2), and V.B.6.h) by establishing density factors used to calculate lot and acr age fees, r assigning the distribution of surcharge fecs, and changing thc period for reviewing fees for thc water and sanitary sewer trust funds; for penalties; and providing for publication. ■ Corpus Christi, regarding the addition of a density factor to lot and acreage fees for Water Mayor Garrett opened discussion on Item 37 regarding the debt management policy. Interim Director of Financial Services Constance Sanchez introduced Mark Seal, Financial Advisor with M.E. Allison. Mr. Seal referred to a powerpoint presentation on the issuance of municipal bonds including an explanation of municipal bonds; market for municipal bonds; flow of funds; sale of municipal bonds; types of bonds and securities; tax notes; city's outstanding general obligation debt; tax increment financing zones; revenue bonds; sales tax revenue bonds; airport revenue bonds; contract revenue bonds; city's outstanding revenue bonds; commercial paper program; types of sales; private placements; and the timeline for the issuance of debt. The following topics pertaining to this item were discussed: the certificates of obligation bond projects; potential investors for negotiated sales; attributes of an underwriter that are important and the effect of the bond rates; who makes the decision on the underwriters; if Packery Channel was a private placement; and whether there is a rotating system for financial institutions. Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, asked why the City does not use certificates of obligation for ADA compliance. City Secretary Chapa polled the Council for their votes as follows: 37.b. RESOLUTION NO. 028003 Resolution approving a Debt Management Policy for the City of Corpus Christi. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Elizondo was absent. Mayor Garrett opened discussion on Item 41 regarding the Smoking Ordinance. Assistant City Attorney Elizabeth Hundley explained that this item was the second reading of the amendment to the proposed smoking ordinance. Ms. Hundley provided a brief overview of the changes incorporated in the document to Subpart (C), the new Subpart (H), and the renumbering of subsections. Mayor Garrett called for comments from the audience. Nick Alexander, President and General Counsel for Clicks Billiards, spoke regarding the economic impact to pool halls and requested that the Council allow for an exemption for pool halls. Bob Doomis, 441 Colony, spoke -33- Minutes — Regular Council Meeting December 16, 2008 — Page 18 regarding the effect of the ordinance to his business and job loss. Karen Doomis, 441 Colony, suggested that warning signs be placed at establishments to advise customers of the health hazards and require the Health Department to test the air in businesses instead of changing the ordinance. Bobby Gonzalez, rep of Mercado Bingo and Mercado Night Bingo halls, stated that the ordinance presented would require bingo halls to build new bathrooms because the bathrooms are located within the smoking room. Mr. Gonzalez asked the Council to consider grandfathering bingo halls that are already established. Rick Rains asked the Council to reconsider their vote for this ordinance. An unidentified individual spoke regarding the use of air cleaners. Scott Kerns, 3525 Pangani, asked the Council to consider the economic impact of the ordinance on business owners and employees. Arleen Steward, General Manager of Paradise Pool and Billiards, asked for an exemption for pool halls. Harrison Todd, owner of Paradise Pool and Billiards, spoke regarding the smoke control and air purification system at the pool hall and property rights issues. D. Maxwell, owner of Rascals, spoke regarding the impact on his employees. Dave Wilson spoke in opposition to the smoking ban and asked that the Council to let the general public make the decision. Mr. Wilson also spoke regarding government intervention on businesses. Joe Alley spoke in support of a smoke free area. Mimi Kile applauded the Council's vote last week and spoke regarding the health of the community. Chris Large, Co -Chair of Smoke Free Rights, thanked the Council for supporting a comprehensive smoke free ordinance and urged the Council to vote in favor of the ordinance. Rick Hayley, Co -Chair of Smoke Free Corpus Christi, spoke in support of a comprehensive smoke free ordinance for Corpus Christi. Todd Elliott, Dodson Corporation, stated that smoking in bars does not affect the health of children because children are not allowed in these facilities. Mr. Elliott said that patrons to bars go to those businesses knowing that smoking is allowed. Mr. Elliott also requested that the Council allow the bar owners time to make accommodations for smokers if the ordinance passes. Jonathon Hernandez, General Manager of Rack Daddy's Billiards, said the ordinance would affect businesses and personal economy. Mr. Hernandez added that pool halls are not a family environment and that employees choose to work in smoking establishments. Erik Haner, General Manager of Bourbon Street, spoke regarding the effect to employees and the tax base and asked the Council for an opportunity to install filtration systems in businesses. Nikki Ikonomopolis spoke regarding the negative impact of the smoking ban in Chicago. Ms. Ikonomopolis said that the Council should not focus on local businesses but instead focus on the tobacco product sellers. Nick Kouroolis said the Council should believe that businesses will be impacted by the smoking ordinance if they exempted bingo halls because the charitable organizations would be economically impacted. Armando Martinez, 7062 Wakeforest, said the ordinance would put people out of business and that the Council should not make decisions for businesses. Mr. Martinez asked the Council to allow time for businesses to make accommodations should the ordinance pass. Scott Johnson, 1305 Meadow Lane Drive, said that it is the personal decision to go to establishments that allow smoking and not the responsibility of the Council to make this decision. Dr. Mary Dale Peterson said this issue is a public health issue and people should not be exposed to second -hand smoke. Dr. Rafael Katan spoke in favor of the ban. Dr. William Burgin commended the Council on their vote on the first reading and spoke regarding individuals exposed to second hand smoke. Dr. Arnold Gonzales spoke regarding the effects of smoking and second hand smoke and the epidemic of cancer. Clark James said businesses that close because of the ban will affect the economy and stated that there is no proven harm from smoke; removing smoke does not mean clean air; and residents do not support a ban in bars and pool halls. Mr. James proposed an amendment to allow bars and billiards to have separate rooms for smoking. Wes Adkinson said that adults should have the option to smoke or not smoke in bars. David Noyola, 4432 Valdez, asked the Council to allow -34- Minutes — Regular Council Meeting December 16, 2008 — Page 19 bar owners to run their businesses. Rene Saenz spoke regarding the addiction to smoking and stated that the Council should ban smoking in bars. Abel Alonzo, 1701 Thames, said that it is the responsibility of the Council to promote a healthy community and thanked the Council for their vote last week. The following topics pertaining to this item were discussed: changes to bingo halls; an effective date; Texas Alcohol and Beverage Commission permits for establishments; and statistics on the exposure of second hand smoke. Mr. Kelly made a motion to delay the effective date of the ordinance to March 19, 2009 in the event the ordinance passes. Dr. McCutchon seconded the motion. A brief discussion ensued regarding the accommodation period to allow businesses to make modifications to comply with the ordinance. Mr. Kelly amended his motion to delay the effective date of the ordinance to April 15, 2009 if the ordinance passes. Dr. McCutchon accepted the amendment. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper voting "No ". Mr. Hummel! made a motion to exempt billiard halls from the ordinance as proposed. The motion was seconded by Mr. Marez. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion failed with the following vote: Hummell, Leal, McCutchon, and Marez, voting "Aye "; Garrett, Cooper, Elizondo, Kelly, and Martinez, voting "No ". City Secretary Chapa polled the Council for their votes as follows: 41. ORDINANCE NO. 028007 Amending the Code of Ordinances, Chapter 23, Health and Sanitation, Section 23 -76, Smoking Prohibitions, to repeal the existing provisions of the section and enact new provisions regarding smoking; providing for penalties; providing for publication; and providing for an effective date. (First Reading 12/09/08) The foregoing ordinance was passed and approved on its second reading as amended with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, and Martinez, voting "Aye"; Hummell, Leal, and Marez, voting "No ". Mayor Garrett called for a 5- minute break. * * *** * ** ** * ** Mayor Garrett recessed the regular Council meeting to hold a meeting of the Corpus Christi Community Improvement Corporation (CCCIC). Mayor Garrett reconvened the regular Council meeting. Mayor Garrett opened discussion on Item 38 regarding temporary property tax abatement for Waterfront Communications L.L.C. Emily Martinez, Economic Development, provided a brief overview of this item including the location of the -35- Minutes — Regular Council Meeting December 16, 2008 — Page 20 property; the tax abatement guidelines and criteria; Renewal Community criteria; rehabilitation of the property; capital investment; waiver of the job creation requirement; maximum abatement; and the ad valorem taxes. Greg Perkes, representative for Waterfront Communications L.L.C., was available to respond to questions. The following topics pertaining to this item were discussed: the current property value; how the tax abatement calculation is determined; value of the land; the waiver request; and term of the agreement. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 38. RESOLUTION NO. 028004 Resolution granting a variance from the Guidelines and Criteria for granting tax abatement and authorizing the execution of an agreement with Waterfront Communications, L.L.C., and providing for temporary property tax abatement for additional improvements valued at approximately $217,225.63, to be made after January 1, 2009, to the property located at 1024 Leopard Street, Corpus Christi, Nueces County, Texas. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas absent. Mayor Garrett opened discussion on Item 39 regarding the J.C. Elliott Landfill — Final Cover Phase 4 -6 and Landfill Gas Collection project. Interim Director of Engineering Services Kevin Stowers explained that this item includes an appropriation; a recommendation to waive a bid irregularity and award a contract with Environmental Specialties; and a recommendation to award a bid to Kleinfeider, Inc. Mr. Stowers provided a brief overview of the irregularities of the bid and the legal opinions. Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, said the Council should waive the irregularity because the process was followed. Darryl Haas, Haas - Anderson, stated that the City is not obligated to be fair to any contractor and the City can legally reject any bids. Mr. Haas provided documentation stating that it is the contractor's responsibility to file the proposals and identify the project correctly. Mr. Haas added that granting the waiver would set an adverse precedence for future projects and ESI's proposal should not be considered. Mr. Haas asked the Council to award the project based on the bid opening. Mark Dillon, Environmental Specialties (ESI), stated that the bid instructions give bidders the option to mail the bid as ESI has done in the past. Mr. Dillon added that ESI was not aware of the City's process for receiving mail packages through the Purchasing Department. Mr. Dillon said that ESI's bid is a qualified bid. John Parker, Longhorn Excavators, stated that ESI deserved the job. The following topics pertaining to this item were discussed: whether ESI's proposal had a separate envelope inside the FedEx envelope and if the inner envelop was marked properly; the time of delivery for ESI's FedEx package; receipt in the Purchasing Department; irregularity of the bid; if bidders were aware of the bid opening; legal opinion; changes to the provisional language; timeline restrictions; the language for receipt of proposals and advertisement at the time the bid was submitted; the reason the package was sent to the Purchasing Department and not the City Secretary's Office; whether the City has previously revealed bids and re -bid without restructuring the project; staffs recommendation; the reason for opening bids at the same time; whether ESI had an opportunity to take advantage of the information released from the other bids; deadline for the bid opening; and the reason bids are delivered to the City Secretary's office. -36- Minutes — Regular Council Meeting December 16, 2008 — Page 21 City Secretary Chapa polled the Council for their votes as follows: 39.a. ORDINANCE NO. 028005 Ordinance appropriating $392,847.81 from the unappropriated bond proceeds and interest earnings from the Sanitary Landfill 2006 CIP Fund No. 3362 for the J. C. Elliott Landfill Final Cover System (Phases 4 -6) and Landfill Gas Collection System project; changing the FY 2007 -2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $392,847.81. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 39.b. MOTION NO. 2008 -338 Motion waiving a bid irregularity, and authorizing the City Manager, or his designee, to execute a construction contract with Environmental Specialties International of Baton Rouge, Louisiana, in the amount of $6,769,018.19 for the Base Bid and Additive Alternate for the J. C. Elliott Landfill Final Cover System (Phases 4 -6) and Landfill Gas Collection System. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 39.c. MOTION NO. 2008 -339 Motion authorizing the City Manager, or his designee, to execute a contract for engineering materials testing services with Kleinfelder, Inc, of Corpus Christi, Texas, in the amount of $465,275.00 for construction of J. C. Elliott Landfill Final Cover System (Phases 4 -6) and Landfill Gas Collection System. 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 40 regarding the FY2009 Capital Budget and Capital Improvement Planning Guide. Assistant City Manager Oscar Martinez addressed the issues presented during the first reading including the downtown pump station; Packery Channel Phases 1 and 2; Turtle Cove; schedule for Bayfront Master Plan Phase 3; and downtown street improvements. Mr. Martinez added that the CIP could be amended in the future to include a project to extend a water main across the Ship Channel for the Texas Barge and Dock Project. Dan Murphy, Texas Barge and Dock Project, spoke regarding the need for a water line from Up River Road to the dock. The following topics pertaining to this item were discussed: whether the pump station has a contract in place; selection process for contractors; Whataburger Way; changes to Packery Channel for Phases 1 and 2; design and building of the parking lots along the jetty; the process for bidding the parking lot; whether the parking lot would be completed prior to hurricane season; storm water project for Los Colonias subdivision; the cost of the water line for the Texas Barge and Dock Project; the water line from London School to London Estates; concrete for Waldron Road; and the development of a comprehensive plan for the Engineering Department. -37- Minutes — Regular Council Meeting December 16, 2008 — Page 22 Dr. McCutchon made a motion to amend the ordinance by moving $2.1 million from Year 2, Packery Channel Phase 2 to CIP Budget Year 1. The motion was seconded by Mr. Hummell. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Leal was absent. Mr. Martinez explained that the ordinance is also incorporating the design of the Hughes Street Pump station. City Secretary Chapa polled the Council for their votes as follows: 40. ORDINANCE NO. 028006 Approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (First Reading 12/09/08) The foregoing ordinance was passed and approved on its second reading as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett announced that Item 45 regarding a presentation on the Local Economic Condition Update would be rescheduled. * ***** * * * * ** Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 47. Executive session pursuant to Texas Government Code, Section 551.074 to deliberate the employment and duties of the City Manager with possible discussion and action related thereto in open session. 48. Executive session under Texas Government Code Section 551.087 to deliberate the offer of financial or other incentive to a business prospect to locate, stay, or expand in or near the City of Corpus Christi, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session and the following motions were passed with the following vote: 47. MOTION NO. 2008 -340 Motion authorizing an employment contract with City Manager Angel R. Escobar as negotiated and delineated in the agreement as attached to this motion. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 48. MOTION NO. 2008 -341 Motion stopping further consideration of the proposal regarding re- adaptive use of the Memorial Coliseum submitted by NRP Group, L.L.C., and that the Council explore the viability of the Leisure Horizons Inc. proposal and potential options that may be available for such a development. -38- Minutes — Regular Council Meeting December 16, 2008 — Page 23 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". * * ** * ** * ** *** There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 8:35 p.m. on December 16, 2008. * *** * * * * * * * ** -39- 2 a. ELECTRICAL ADVISORY BOARD — Seven (7) vacancies with terms to 12 -31 -10 representing the following categories: 1 — Master Electrician, 1 — Field Representative from a Utility Power Distribution Company, 1 — Resident of Corpus Christi not Connected with the Electrical Industry, 1 — Journeyman Electrician, 1 — Home Builder, 1 — Electrical Engineer, and 1 — Person in the Electrical Supply Business. DUTIES: To evaluate work experience, education, and other qualifications of applicants for electrician licenses, preparation and grading of examinations for each classification of electrician required to be examined; to prescribe the manner and sequence of examinations; to revoke or suspend license on proof of infractions; to recognize licenses issued by other cities if they meet the requirements of the City Code. An applicant who fails an examination three times may appeal to the City Manager to appoint a special board to examine said applicant. COMPOSITION: Ten (10) persons appointed by the City Council: two (2) persons with at least five years active experience as a master electrician; one (1) person with at least five years active experience as a journeyman electrician; two (2) engineers: one (1) shall be a registered professional engineer in the State of Texas, and one (1) shall have a Bachelor Degree in Electrical Engineering and a minimum of five years experience in electrical engineering; one (1) person with five years experience in the commercial building industry; one (1) person with five years experience in the home building industry; and one (1) member, resident of Corpus Christi, not connected with the electrical industry.; one (1) field representative from a utility power distribution company; and one (1) person in the electrical supply business. Six (6).members of the Board constitute a quorum, and concurring vote of not less than six (6) members is necessary to constitute an official action of the Board. MEMBERS Florentino Vasquez (Master Elec.) *Michael S. Riley (Master Elec.) *Billy Ashcraft (Utility Power Distr. Co.) *Bhaskar Patel (Not conn. to elec. industry) *Craig Loving (Journeyman Elec) Jared M. Merdes, P.E. (Reg. Engineer) David Schury (Commercial Builder) * *Dan M. Dibble (Home Builder) *Lee Montgomery (Electrical Eng) *Don Fretwell (Electrical Supply Business) TERM 12 -31 -09 12 -31 -08 12 -31 -08 12 -31 -08 12 -31 -08 12 -31 -09 12 -31 -09 12 -31 -08 12 -31 -08 12 -31 -08 ORIGINAL APPTD. DATE 12 -20 -05 1 -23 -07 1 -23 -07 1 -23 -07 1 -18 -05 3 -25 -08 2 -12 -08 1 -23 -07 1 -18 -05 1 -23 -07 (The Electrical Advisory Board is recommending the new appointment of William Kevin Pitchford (Home Builder). Legend: *Seeking reappointment ' * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation —43— ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Michael Riley (Master Elec) 6 Billy Ashcraft (Field Rep) 6 Bhaskar Patel (Not Conn) 6 Craig Loving (Journeyman) 6 Lee Montgomery (Electrical) 6 Don Fretwell (Electrical Supp) 6 NO. PRESENT 5 5 5 6 5 5 OTHER INDIVIDUALS EXPRESSING INTEREST William "Kevin" Pitchford Gilbert D. Reyna John T. Tucker Saundra Welch % OF ATTENDANCE LAST TERM YEAR 83% 83% 83% 100% 83% 83% President, Cabana Construction Ltd., Received Bachelor of Arts in Business from Dallas Baptist University and Associates Degree in Aeronautical Science from Mountain View College, Dallas, Texas. (Home Builder) (1- 12 -08) Electrician, Brooks -Range Government Contractors, Inc. Activities include: Moose Lodge #734 Member. Former Member of International Association of Electrical Inspectors. (Journeyman Electrician) (1 -6 -09) Owner, John Tucker Homes. Attended Corpus Christi State University and University of Texas in Austin. Activities include: Member of Unified Development Codes, board of director for National Association of Home Builders, and Past President of Builders Association of Corpus Christi. (Home Builder) (9- 24 -07) Partner, STT Blue Computer Securities. Received B.B.A., from Southern Methodist University, M.S. in Computer Science and Engineering from University of Texas at Arlington, and Ph.D. in Electrical Engineering from Stanford University. Activities include: Zonta Club of Corpus Christi, IEEE, and Engineers Without Borders. Recipient of National Science Award. (Electrical Engineer) (2- 18 -08) (Note: Development Services has made efforts to recruit bios for this Board since November, 2008. Because of the specific category requirements, only four persons have expressed interest. If Council wishes, this appointment can be postponed for further recruitment efforts.) —44— b. INTERGOVERNMENTAL COMMISSION ON DRUG & ALCOHOL ABUSE — One (1) vacancy with term to 8- 19 -09. DUTIES: Assisting and advising the participating local governmental agencies on programs and methods to combat drug & alcohol abuse among the citizens of Nueces County. The Commission may investigate and recommend approaches for combating drug and alcohol abuse, and may engage in educational activities such as dissemination of literature, speaker programs, and the like. The Commission shall have no paid employees other than the administrative staff provided for herein, and shall have no power to operate or engage in direct activities benefiting drug or alcohol abusers, such as treatment programs. COMPOSITION Thirteen (13) voting members. Three members shall be appointed by the Corpus Christi City Council, three by the Nueces County Commissioners Court, two by the Board of the Corpus Christi ISD, one by the Board of the Robstown ISD, one by the Board of the Tuloso- Midway ISD, one by the Board of the West Oso ISD, one by the Board of the Calallen ISD, and one by the Board of the Flour Bluff ISD. ORIGINAL MEMBERS TERM APPTD. DATE Jesus S. Molina (City) 8 -19 -09 5 -10 -05 Jean Newberry (City) 8 -19 -09 8 -05 -86 * ** *Vidal J. De La Cerda (City) 8 -19 -09 1 -08 -08 Abby Saenz (County) 8 -19 -08 Aaron Bonds (County), Chair 8 -19 -08 Joe Alley (County) 8 -19 -09 Della Berlanga (CCISD) 8 -19 -08 Yolanda Reyna (CCISD) 8 -19 -08 Rosario Voorhees (Calallen) 8 -19 -08 Allen Peters (Flour Bluff) 8 -19 -08 Steve Lackey (West Oso) 8 -19 -08 Gail Birdwell (Tuloso- Midway) 8 -19 -08 Anna Rodriguez (Robstown) 8 -19 -08 INDIVIDUALS EXPRESSING INTEREST David Berlanga Financer /Manager/BusinessDeveloper /CEO, Maker Capital Group, Fung Shui Lounge, Sang &Dav LLC, and American Builders. Received Bachelors Degree from University of Texas, Austin and currently working on Masters of Public Administration/City Management, Texas State University. Activities include: Habitat for Humanity, Organizer for Hispanics Organized for Public Education (HOPE), and Social Director for Zeta Psi. (9- 18 -07) Legend. *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by by -laws * * ** *Has met six -year service limitation -45- Xiao Bohannon Susanne Bonilla Sophomore, Mary Carroll High School. Activities include: Youth Advisory Committee, Republican Society, Junior Statesman Association, Asian Culture Club, Historical Society and Chess Teacher for Children. Recipient of 2006 Texas Girls Chess Champion, 2006 -2008 Regional Girls Chess Champion, 2007 Regional History Fair Winner and A Honor Roll. (10- 10 -08) Attorney, Law Offices of William D. Bonilla. Received Bachelor of Arts in Political Science from Texas A &M University- College Station and Doctor of Jurisprudence from University of Texas School of Law. Activities include: College of the State Bar of Texas, Texas Bar Foundation Fellow, American Bar Association, and Corpus Christi Bar Association. (12 -5 -08) Andrea Foley Accounting Associate, Stripes /APT. Received Bachelors of Business Adminstration - Accouting. (1 -6 -09) Elizabeth Garza Administrative Assistant/Executive Assistant, Susser Holdings /Stripes LLC. Activities include: Volunteer for the American Diabetes Association. Nominee for YMCA "Y" Young Woman in Career Award. Formerly a member of the CC Hispanic Chamber of Commerce, Camp Fire Girls Board of Director, and Bishop Garriga Middle School PTO. (1 -5 -09) Meredith N. Grant Rick Greenfield Robert Huerta, Jr. Homemaker. Received B.A. in English from Texas A &M University - Corpus Christi. Certified Interior Decorator. Activities include: Junior League of Corpus Christi, Art Museum of South Texas, and Beautify Corpus Christi Association. (10- 14 -08) Director Industrial and Process Engineering, MANCON, Inc. Received A.A. in Liberal Arts, B..S. in Industrial Technology, and M.A. in Organizational Management. Activities include: Qualified Mediator for State of Texas, Tutor for the Corpus Christi Literacy Council, and Instructor for Conversational English. (12 -5 -08) Drug Treatment Specialist, Federal Bureau of Prisons. Received Bachelor of Science — Criminology from Texas A &M- Kingsville. Certified Anger Resolution Therapist. Activities include: Coastal Bend Area Combined Federal Campaign Member, Criminal Justice Honors Society Member, Federal Bureau of Prisons Drug Abuse Programs Policy Workgroup and Hostage Negotiation Team. Recipient of Awards for Substance Abuse Counselor and Community Supervision Officer. (1 -5 -09) -46- Jim Lago Edward Frank Lewis Belinda Mendiola Morning Show Host, 1360 KKTX. Attended College. Activities include: Promoting Fund Raisers and Master of Ceremonies for Various Charity Groups, Schools and Civic Clubs. (12- 29 -08) Retired, Nueces County Sheriff's Department. Served in the United States Navy. Received AA in Law Enforcement and Additional Training from Pensacola Junior College. Attended Texas Corrections Standards Academy, Texas Law Enforcement Standards Academy, Del Mar Community College, Career Academy of Broadcasting, Atlanta, Georgia, and International School of Ministry, San Bemardina, Califomia. Activities include: Republican Precinct Chairman. Recipient of Employee of the Month Tejas Kia. (3- 28 -08) Drill Sergeant, Juvenile Justice Bootcamp. Currently Enrolled in College Pursuing BA in Criminal Justice with Education. (10- 30 -08) Randall (Randy) Reed Owner, Outside Dimensions. Received BBA in Finance and Economics from South West Texas State University. Activities include: Chamber of Commerce Board, Corpus Christi Executive Association Board, Ambassador Chairperson Chamber of Commerce, Beautify Corpus Christi, Westside Business Association, and Leadership Corpus Christi Class XXXVI Alumni. (8 -6 -08) Mary Ann Rojas Abel Sanchez President/CEO, WorkSource of the Coastal Bend. Received a Bachelors Degree. Activities include: Board Member /Officer of Amistad Community Health Center, Board Member of Coastal Bend Tech Prep, Texas Association of Workforce Boards, and Graduate of Leadership Corpus Christi Class 35. Recipient of Corpus Christi Hispanic Chamber Service to Community Award and National Award - Ted E. Small Partnership Award. (1- 15 -08) City Carrier, United States Postal Service and Construction Contractor. Attended College. Activities include: Volunteer Counselor and Facilitator for Alcohol and Drugs Coastal Bend and Veterans Center. (3- 13 -08) Danny D. Williams Marketing/Driver, Papa Johns. Attended McPherson College. Volunteer Pop Warner Coach. (4- 17 -07) -47- c. SISTER CITY COMMITTEE — Two (2) vacancies with terms to 9 -10. DUTIES: To study ways and means of improving relations with the Corpus Christi sister cities and to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, boards and officials in accomplishing the purposes of the Sister City program. COMPOSITION: It shall consist of a Steering Committee of twenty -one members and various subcommittees, members who shall be broadly representative of the racial, religious and ethnic groups in the community. The members shall be appointed by the City Council and shall serve three -year terms or until their successors are appointed and qualified. The Steering Committee shall be responsible for the overall administration and implementation of the City's Sister City program. There shall be a subcommittee for each sister city authorized by Resolution of the City Council. Members of each such subcommittee shall be appointed by the Steering Committee plus members from the community at large as deemed necessary and sufficient by the Steering Committee. Each subcommittee shall be responsible, under the direction of the Steering Committee, for primary study, liaison and recommendations for each sister city. The offices of the committee shall consist of a General Chairman, V-Chainnan for each of the Sister City subcommittees established in accordance with Sec. 2 -152. The Chairman and each vice - chairman shall be elected by majority vote of the sister city committee annually. If the General Chairman is absent, a vice - chairman shall be elected from the committee to serve as General Chairman during his/her absence. ORIGINAL MEMBERS TERM APPTD. DATE Brenda'Brandi" Williams 9 -09 9 -11 -07 Danny Williams 9 -09 9 -11 -07 Randy Farrar 9 -10 6 -11 -02 Janice Garrett 9 -10 5 -13 -08 John Rocha 9 -11 9 -23 -08 Dora Hidalgo 9 -10 9 -23 -08 Rose Gunji 9 -11 11 -08 -05 Jorge Brenner 9 -11 9 -23 -08 Phyllis Roseman 9 -11 3 -11 -08 Heather Stanton Moretzsohn 9 -10 9 -14 -04 * ** *Guillermo "Willie" Perez 9 -10 1 -16 -07 Westi Horn 9 -10 6 -15 -04 Maria Jaramillo 9 -11 9 -23 -08 Almira Flores 9 -10 9 -12 -06 Tim Dowling 9 -10 7 -10 -07 ** *Melissa Melendez 9 -10 11 -13 -07 Javier M. Morin 9 -11 7 -10 -07 Drue Combs 9 -09 9 -12 -06 Flicka Rahn 9 -09 6 -15 -04 Kevin Aguilar - Ferrari 9 -09 3 -11 -08 Sharon L. Phillips 9 -09 9 -09 -02 Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Elected to a public office and per the City Charter is ineligible to serve. * * ** *Has met six -year service limitation —48— (The Sister City Committee is recommending the new appointments of Renai Baker and Jennifer Walden) INDIVIDUALS EXPRESSING INTEREST Karen Anderson Renai Baker Ariana Cordero Ivonne Cruz Matthew Demartino Alexa Denck Vincent E. Doyle Andrea Foley Elizabeth Garza Teacher, Robstown Independent School District. Received BBA in Finance from Texas State University, San Marcos, Texas. (9 -8 -08) Formerly Worked at Visitor Center. Received B.S. in Education. Activities include: Volunteer at Texas State Aquarium and Heritage Park. (12 -8 -08) Senior, West Oso High School. Activities include: National Honor Society, Student Council, and Interact Club. (10 -3 -08) Post - Doctoral Research Associate, Harte Research Institute for the Gulf of Mexico Studies Received B.A. International Relations from UDLA, Mexico and M.A. and PhD in Sustainability, Tecnology and Humanism. Activities include. Member of Scientific Associations. (3- 10-08) Officer/Pilot, United States Navy. Received Bachelor of Science from Comell University. Currently enrolled in American Military University, International Relations. Activities include: Chief of Naval Aviation Training (CNATRA) Stage Head Manager. (9 -4 -07) Retired/Self - Employed, Dental Laboratory. Received AA, Los Angeles, California. (1- 14 -08) Engineering Service, Corpus Christi Army Depot. Received Trade School Vocational Certification. Interested in serving community. (9- 12 -07) Accounting Associate, Stripes /APT. Received Bachelors of Business Adminstration - Accouting. (1 -6 -09) Administrative Assistant/Executive Assistant, Susser Holdings /Stripes LLC. Activities include: Volunteer for the American Diabetes Association. Nominee for YMCA "Y" Young Woman in Career Award. Formerly a member of the CC Hispanic Chamber of Commerce, Camp Fire Girls Board of Director, and Bishop Garriga Middle School PTO. (1 -5 -09) -49- Timothy Goss Registered Representative /Agent, New York Life. Former Special Agent with United States Army Intelligence. Received Associates Degree from Harold Washington College, BS in Sociology from University of the State of New York and Master of Public Administration from Troy University. Attended Japanese Language School — Read, Writes, and Speaks Japanese. (9 -8 -08) Meredith N. Grant Homemaker. Received B.A. in English from Texas A &M University- Corpus Christi. Certified Interior Decorator. Activities include: Junior League of Corpus Christi, Art Museum of South Texas, and Beautify Corpus Christi Association. (10- 14 -08) Michele Hammock Educational Diagnostician, Tuloso- Midway Independent School District. Received Bachelor's Degree in Business from Corpus Christi State University and Master's Degree in Education from Texas A &M University - Corpus Christi. (2- 19 -08) Edward Frank Lewis Retired. Received AA from International School of Minister and Currently Attending South Texas School of Studies. Activities include: Republican Precinct Chair. Recipient of Tejas Kia Employee of the Month. (3- 28 -08) Bill Shearer Michael Shooshan Ernesto M. Trevino, Jr. Corinne Valadez Pastor, The Rock and Salesman, Delta Tire. Attended Lincoln Technical Institute and Howard Payne University. Activities include- Freemason. (2- 18 -08) Self- employed. Received an Associate's degree and currently pursuing a Bachelor's in Engineering. President of Oak Park Neighborhood Association and Neighborhood Watch Program. Participant in Citizen's Police Academy. (9- 14 -07) Retired Letter Carrier /Supervisor, United States Postal Service. Received AA from Del Mar College and Attended law Enforcement School at Lackland Air Force Base. Activities include: Volunteer at the USS Lexington. Recipient of Good Conduct Medal and Honorable Discharge from the United States Air Force and Special Achievement Award from the United States Postal Service. (12- 26 -08) Assistant Professor, Texas A &M University- Corpus Christi. Received B.S. Interdisciplinary Studies from Corpus Christi State University, M.S. Curriculum and Instruction, Texas A &M Corpus Christi, and Ph.D. Curriculum from Texas A &M. Activities include: Faculty Advisor, Student Reading Council at Texas A &M University- Corpus Christi and Children's Book Festival, Corpus Christilic Library. (1- 29 -08) Jennifer Walden Sales Manager, Apollo Towing/Easy Rider Wrecker. Received B.A. in Latin American Studies from St. Edward's University. Former Exchange Student and Rotary Ambassadorial Scholar. Recipient of Outstanding Student Award in Latin American Studies. (4- 21 -08) -51- 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 01/13/2009 AGENDA ITEM: Ordinance appropriating $166,124.40 of insurance proceeds into the General Fund No. 1020, Organizations No. 11801 and No. 11870 to reimburse costs associated with a power outage and generator failure at the Police Department; changing the FY2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase revenues and appropriations by $166,124.40 each; and declaring an emergency. ISSUE: The City Insurance has paid on the claim to cover the power outage and generator issues at the Police Department and funds must be appropriated. BACKGROUND INFORMATION: The Police Department operating budget paid for the costs associated with the power outage and generator issues in September, 2008. The insurance company has reimbursed the Police Department for the majority of these costs. REQUIRED COUNCIL ACTION: Appropriation of funds. CONCLUSION AND RECOMMENDATION: Staff recommends appropriation of funds. Attachments: Deposit of funds receipt —55— M. J Walsh Acting Chief of Police 92185 CITY OF CORPUS CHRISTI CASH RECEIPT REPORT: Processed re ;4 L y Dept: Prepared/Reviewed by:J I A.i /.� Date:' I �j J(� Ex :4A �} � 3 Bank Bag #: 7 5.5 / aeL * PAY CODE ACCOUNT FUND ORG. PROJECT/ GRANT BUDGET YEAR AMOUNT REMARKS ci9 3o_N_�fl7( Jn ILIW CI -o$ QJ,3.4 CO Ted qq 53Oa40 loco LL.dO1 2003 �yaxle.�' CNA 13 530ato jo�o RaZQ &i .3X135.1%.0 Ca____ [95 19 - 53o9,10 Senn toA Lox �J(1ym_o /JZO ,rte 22 c8 toT1'f 2.o9 5/00,A0 J 4 s. at r ( Loan t1 o? 2`213 C 18 1,. 1Ai hk 19 0, 82x5 lO1ol Qopl g a23 )O c41146 _ f ?j oO �Ts CASH VERIFICATION COUNT CURRENCY $100s S 50s $ 20s $ IDs $ 5s $ Is AMOUNT 5 $ COIN $0.50 $ $0.25 $ $0.10 $ 50.05 $ $0.01 $ CASH SUBTOTAL CHECK TOTAL (include tape) SUBTOTAL CREDIT CARD (include tape) GRAND TOTAL * If you have inserted a 2 -digit Payment Code in the first column, leave the remaining columns blank. If you have not inserted a Payment Code in the first column, you must complete the remaining columns. (I.e., Account, Fund, Org., Project/Grant, Budget Year, Amount, and Remarks. WHITE/YELLOW - CENTRAL CASHIERING PINK - DEPARTMENT COPY GREEN - PERMANENT FILE COPY —56— CNA 'Continental Casually Company Chicago, IL 60604 UNDERWRITTEN BY: CONTINENTAL CASUALTY COMPANY VOID IF PURPLE BACKGROUND IS ABSENT F Claim NurDISSL. Desk Code, s; P7 •;, Piefi *icontraC1 No BM - 7077914597 In Payment of From-lbw (Dates) :PAY 109370670 Date Issued 11/21/08 56.1544 441 • Bans Acct. 630505857 THIS DOCUMENT CONTAINS A WATERMARK - HOLD UP TO LIGHT TO VIEW •CITY OF CORPUS "CHRISTI Claimant • CITY OF CORPUS CHRTSTI' Issuing Off. 64 Date of Lass e09/17/OR` El ECTRICAL.- DIST•.1 DSS 1 FSS S2500 _DFD FIFTYEIGHT THOUSAND SEVEN HUNDRED TWENTYTWO AND-- :3f/100711S --'" - "- TO CITY OF COOLIS CHRISTI, O ER P,b.BOX 9277_L QR ,CORPUS CHRISTI TX 78469-9277 JPMOrgan Chase Bank, NA Ohio 00 109 3 706 70x■ 1 :0441154431: 63050585?" —57— 1)-6±7. Iv. V o( 0P 0 - _53° 6 -!_ 0111690 7 10-n- 53°'10_ aCC(0 r7 I 0 ail Dollars 'Dollars • Cents ** *$58,722.31 VOID IF NOT CASHED IN :Ix MONTHS FROM MONTH OF ISSUE CNA Continental Casualty Company Chicago, IL 60604 UNDERWRITTEN BY: CONTINENTAL CASUALTY COMPANY VOID IF PURPLE BACKGROUND IS ABSENT ..Claim Ntafther ;" 499$19' Desk Code 07 Prefh( d contact No • • BM - 2077914597 In Payment of • From -thro (Dates) 109370669 Date Issued 11/21/08 56-1544 441 Bar11 Acct. 630505857 THIS DOCUMENT CONTAINS A WATERMARK - HOLD UP TO LIGHT TO VIEW CITY OF CORPUS. CHRISTI._ `:. Claimant CITY OF CORPUS - CHRISTI'' Issuing 08..,_ 64 Date of Loss "09/15/08 I- FCTRICAL- CABI E REP] ACEMFNT . LESS 52500 DED ONE:, HUNDRED SEVEN THOUSAND FOUR HUNDRED TWO•AND'..09 /100THS: CITY OF CORPUS CHRISTI THE POs BOX 9277 -• ,ORDER; C9kPUS CHRISTZ TX - .78469 -9277 'Dollars ..Conte. * ** *x107,402.09 JPMorgan Chase Bank, NA Ohio,. 11•0 L093706690 1:044 L L54431: -58- 63050585711' VOID IF NOT CASHED IN SIX MONTHS FROM MONTH OF ISSUE '% 53oa1Q - loop — ll1 /7® ORDINANCE APPROPRIATING $166,124.40 OF INSURANCE PROCEEDS INTO THE GENERAL FUND NO. 1020, ORGANIZATIONS NO. 11801 AND 11870 TO REIMBURSE COSTS ASSOCIATED WITH A POWER OUTAGE AND GENERATOR FAILURE AT THE POLICE DEPARTMENT; CHANGING THE FY2008 -2009 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 027776 TO INCREASE REVENUES AND APPROPRIATIONS BY $166,124.40 EACH; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $166,124.40 is appropriated from the insurance proceedings into the General Fund No. 1020, Organization 11801 and 11870, to reimburse costs associated with a power outage and generator failure at the police department; changing the FY2008 -2009 Operating budget adopted by ordinance 027776 to increase revenues and appropriations by $166,124.40 each; and declaring an emergency. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of January, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form January 5, 2009 T. Trsha 15ang Assistant City Attorney For City Attorney —59— TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I /we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon —60— 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 13, 2009 AGENDA ITEM: Ordinance authorizing the City Manager or designee to execute a use permit agreement with Lindsey Edwards, organizer for the Cheers to Charity Wine Festival, for use of Corpus Christi Heritage Park during April 4 through April 5, 2009; and declaring an emergency. ISSUE: This event will be an annual event raising funds each year for a charity. The organizer's ultimate goal is "to raise funds to provide scholarships to future university students who are faced with rising costs in tuition." The organizers have selected H.O.P.E., a non - profit organization, to receive a portion of their donations, tickets sales and sponsorship dollars. REQUIRED COUNCIL ACTION: Council action is required to authorize fencing of public parks, and admission fee for special events. PREVIOUS COUNCIL ACTION: none CONCLUSION AND RECOMMENDATION: Staff recommends that the Council approve the ordinance. Attachments: Use Permit Sally Gavli , Director Parks and ecreation —63— State of Texas Page 1 Use Permit for Cheers to Charity Wine Festival 2009 Know All By These Presents: County of Nueces This Use Permit is entered into between the City of Corpus Christi ("City"), a Texas home - rule municipal corporation, acting through its duly designated City Manager, and Lindsey Edwards, promoter for the Cheers to Charity Wine Festival 2009 event, and in consideration of the covenants contained in this document. 1. Definitions. a Use Permit means this document, including all attachments and exhibits that are referred to in this document. b City means the City of Corpus Christi, a Texas home -rule municipality. c Permittee means Lindsey Edwards. d Event or the Event means Cheers to Charity Wine Festival 2009, a fundraising event for college scholarships, as described on Exhibit C. e Premises means the site for the Event, more fully described on the attached Exhibit A. f City Manager means the City's City Manager or designee. g Parks Director means the City's Director of Parks and Recreation or designee. h City Traffic Engineer means the City's Traffic Engineer or designee. i Traffic Control Plan means the traffic control plan prepared by the City's Traffic Engineer, or designee, for the Event. j Police Chief means the City's Police Chief or designee. k Risk Manager means the City's Director of Risk Management or designee. I City Attorney means the City's Attorney or designee. 2. Term. This Use Permit is for a term of two (2) days, commencing on April 4, 2009 and April 5, 2009. 3. Premises. City grants to Permittee the privilege of using the City property described on the attached Exhibit A solely to conduct the Event. The property is generally described as follows: The area commonly referred to as "Heritage Park." 4. Premises Revisions. Activities by Permittee will be limited to the above described Premises. If Permittee wishes to use any additional City -owned areas for its activities, it must obtain prior written approval from the Parks Director. No concession stands, rides, or —64— Page 2 other structures or apparatuses may be placed by Permittee on the grass or shrub - covered areas of the Premises except as provided by the site plan and Event Layout Diagram in the attached Exhibit A, without prior written approval from the Parks Director. 5. Event Layout Diagram. Permittee must provide to the Parks Director a diagram explaining the Event layout at least 30 days prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. Special Event Fee. Permittee must pay City any applicable Parks and Recreation Special Event Permit fee and any applicable Traffic Engineering permit fee. 7. Payment of City Costs. In consideration for use of City property Permittee will pay the City within sixty (60) days after the Event ends the actual cost incurred by the City related to the Event, including but not limited to the cost for those services provided by the Parks & Recreation Department, the Traffic Engineering Department, and the Police Department. The City will invoice Permittee for these costs within thirty (30) calendar days after the Event. The invoice will itemize the City charges for services rendered. Upon written request of Permittee, the City will furnish reasonable supporting documentation of the charges within ten (10) calendar days. a. Costs. Citys Costs in assisting with the Event may include: 1. Rental fees of $825 per day for use of the Premises. 2. Damages to City property related to the Event, which will be billed at the cost of repair. Damages to City Property. Parks Director will provide to Permittee a list of damages to City property within two (2) days after the close of the Event. Permittee will restore all items on the list within three (3) days after receipt of the list. If Permittee fails to restore all items on the list, Parks Director may do so and invoice Permittee for costs. 3. Reimbursement City for costs of labor contracted for clean up, or additional clean up required by the Directors of relevant departments. 4. Costs of Police Officers provided for security, crowd control, traffic control, and off - site traffic control, at applicable city rates for the Police Officers assigned. 5. Reimburse City for costs for use of electric service consumed at the Premises during the Event. Permittee will pay Citys Costs, if any, as billed within 30 days after City tenders invoice to Permittee. b. Late Fee. Permittee's failure to pay the undisputed charges on City's invoice within 30 days after submittal to Permittee shall result in a late payment fee being assessed against Permittee. 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. —65— Page 3 8. Deposit. Permitee has paid a non - refundable deposit of $150.00 for use of the Premises. 9. 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 FAX (361) 880 -3864 e -mail SallyG @cctexas.com e -mail Wes @cctexas.com If to Permittee: Cheers to Charity Attn: Lindsey Edwards 3213 La Rochelle Way Corpus Christi, Texas 78414 email: lindseys- eventplanning @yahoo.com (361) 739-8354 10. Parking. Permittee will be responsible to make arrangements for any off-site parking deemed necessary by Permittee. 11. Signage and Advertising. Signage and advertising proposed for the Event must receive the Parks Director's prior written approval. On all advertising for the Event, Permittee shall recognize City's contributions to the Event. 12. Rest Rooms, Drinking Water and First Aid. The Permittee 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. 13. Security. Permittee must provide uniformed Security Officers during the Event. If the City's Police Chief determines it is necessary, he will assign Police Officers to provide crowd control and traffic control for the Event and any needed off -site traffic control. The Police Officers will be assigned duty stations by the Police Chief, or his designee. Permittee shall pay to City the cost for these services as provided in Section 7 above. 14. Fence. Permitee may construct temporary fencing as illustrated in Exhibit A. 15. Insurance. Permitee's insurance 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 at a minimum, policy limits of $1,000,000 Combined Single Limit per occurrence for personal injury, death, and property damage. Permitee and any Event volunteers, contractors and subcontractors driving on the Premises must have automobile liability insurance, which covers all owned and non -owned automobiles on Premises with at least the statutory bodily injury $25,000 per person, $50,000 per occurrence, $ 25,000 property damage limits. Permitee's contractors and subcontractors that deliver tents, temporary structures, stages, bleachers, and other large items utilized for the Event must have owned and non -owned automobile liability insurance with at least a $500,000 combined single limit. Permitee must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and limits of $5,000 for medical expenses. If alcohol is served at any of —66— Page 4 Permitee'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. Permitee must furnish the Certificates of Insurance in at least the above minimum amounts to the City's Risk Manager two weeks prior to the Event. Permitee must require all volunteers to sign an accident waiver form that Permitee must keep on file. The City Attorney will approve the form. In the event of accidents of any kind, Permitee must furnish the Risk Manager with copies of all reports of these accidents at the same time that the reports are forwarded to any other interested parties. In addition, Permitee 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 changed without 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 Permitee. Permitee to comply with the insurance provisions on attached Exhibit B. 16. Indemnity. Permittee must indemnify and hold City, its officers, agents and employees ( "lndemnitees ") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against lndemnitees on account of injury or damage to person or property to the extent that 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 lndemnitees or on the part of Permittee or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Premises pursuant to this Use Permit, to set up and take down, hold, attend or participate in the Event and associated activities, with the expressed or implied invitation or permission of Permittee, or when any injury or damage is the result, proximate or remote, of the violation by Indemnitees, Permittee, or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees 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 described in this Use Permit or out of the use or occupancy of the improvement to the Premises or the Premises itself by lndemnitees, Permittee, its agents, servants, employees, contractors, patrons, guests, licensees, or invitees. These terms of indemnification are effective whether any injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, but not if that damage or injury results from negligence or willful misconduct of the lndemnitees. Permittee covenants and agrees that if City is made a party to any litigation against Permittee or in any litigation commenced by any party, other than Permittee relating to this Use Permit, Permittee shall defend City, with counsel acceptable to —67— Page 5 the City, upon receipt of reasonable notice regarding commencement of that litigation. 17. Safety Hazards. Permittee, upon written notice of identified safety hazards by the City Police Chief, Fire Chief, Parks Director or Risk Manager must correct the safety hazard within six hours or as otherwise provided in the written notice of safety hazards. 18. Pavement, Curbs, Sidewalks. Any work that involves holes or other changes in the Premises, pavement, curbs or sidewalks requires the prior written approval of the City's Director of Engineering Services; provided, however, no approval will be given if that work will require subsequent repairs by the City. 19. Permits. Permittee must obtain and pay for all permits necessary to comply with City, State, and Federal laws and give a copy of each permit to the Parks Director. Permittee must also obtain a Temporary Promotional Event Permit from the City Building Inspection Department and permits from the Texas Alcohol Beverage Commission and Parks and Recreation Department, if alcohol will be served or sold at the Event. Permittee must notify the Parks Director of any special conditions imposed by any permitting agency. Permittee must require all vendors to obtain and comply with appropriate permits from the City- County Health Department for sale of foods and protection of the public welfare. 20.Cleanup. Permittee must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. Permittee 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 Permittee and taken to a location designated by Permittee. If there are any storm water inlets anywhere within the Premises, Permittee must install screens, approved by Stormwater - Utility Division, across all storm water inlets along Shoreline and within any closed streets within the Premises and along parade routes. Drainage must not be blocked. Permittee must remove the screens after the close of the Event. However, Permittee 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 Stormwater Superintendent or designee. 21.Construction. All construction work on Premises must be conducted in accordance with City building codes and restrictions. Construction that causes damages will only be allowed if Permittee provides the Parks Director prior written assurances that Permittee will remedy said damages in accordance with Section 17 above. 22.Temporary Buildings. All temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All temporary buildings must be removed within the non - exclusive use time period. 23.Permissible Vendor Location Markings. No paint or semi - permanent marking will be permitted that in any way obliterates or defaces 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). —68— Page 6 24. Dispute Resolution. City and Permittee agree that any disputes that may arise between them concerning this Use Permit, such as determining the amount of damage to City property related to the Event, 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 10 days after the written decision of the City Manager has been sent to Permittee. In the event of an appeal, the decision of the City Council will be final. This Use Permit in no way waives Permittee's rights to seek other legal remedies during the appeals process. 25.Assignment. Permittee may not assign or transfer this Use Permit or make any alteration therein without the prior written consent of the City. 26.Termination. Any failure on the part of Permittee to perform any of the covenants contained in this Use Permit, or any breach of any covenant or condition by Permittee entitles City to terminate this Use Permit without notice or demand of any kind, notwithstanding any license issued by City, and no forbearance by City of any prior breach by Permittee shall constitute a waiver by or estoppel against the City. In case of any termination City is entitled to retain any sums of money paid by Permittee and those sums inure to the benefit of City as a set -off against any debt or liability of Permittee to City otherwise accrued by breach of this Use Permit. 27. Right of Permittee to Use Public Property. Permittee acknowledges that the control and use of public property is declared to be inalienable by the City and except for the use privilege granted herein, this Use Permit does not confer any right, title, or interest in the public property and streets described herein. The privilege to use the City property and public streets granted herein is subject to the approval of the City Council as required by City Charter and ordinance and the compliance by Permittee with the terms and conditions contained within this Use Permit. 28. Admission Fee. Permittee may charge an admission fee of $20 per person. 29. Not Partnership or Joint Venture. This Use Permit 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 Permittee by the City are compensation for provision of City services as described herein and for the right of Permittee to use public property for the limited purpose described in this Use Permit. 30. Compliance with Laws. Permittee must comply with all applicable federal, state, and local laws and regulations. 31. Non - discrimination. Permittee warrants that it is 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, disability, color, or national origin. 32. Cancellation of Event. City Manager, or his designee, reserves the right, at all times and in his sole discretion, to cancel the Event if cancellation is necessary to protect the public health, safety, or welfare. If the Event is cancelled under this section, Permittee relieves City from all liability that may result from the premature closing of the Event. -69- Page 7 33. Entire Use Permit. This Use Permit incorporates the Cultural Services Rental Application and the Alcohol User Agreement previously submitted by the Permittee, and the attachments and exhibits referred to in this Use Permit. Such documents constitute the entire Use Permit between the City and Permittee for the use of the Premises for the Event . All other Use Permits, promises, and representations, unless contained in this Use Permit, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Use Permit and the attachments and exhibits referred to in this Use Permit, of the terms, conditions, promises, and covenants relating to Permittee's operations and the Premises to be used in the operations. 34. Interpretation. This Use Permit will be interpreted according to the Texas laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Use Permit was entered into and will be performed. The headings contained herein are for convenience and reference only and are not intended to define or limit the scope of any provision. The unenforceability, invalidity, or illegality of any provision of this Use Permit does not render the other provisions unenforceable, invalid, or illegal. 35. Modifications. No provision of this Use Permit may be changed, modified, or waived, unless in writing . signed by a person duly authorized to sign agreements on behalf of each party. -70- Page 8 Executed in Duplicate Originals on .LLL,,bu- 3 1 -2869. PERMITTEE STATE OF TEXAS COUNTY NUECES This instrument was acknowledged before me on t >1- 31- D?,, 2869, by Ltrtks j £Lorsds of ..s Public, o Tex Nbfary P , as Printed Name: Seal: II Expiration Date: a(OJ 1 O ATTEST: Armando Chapa City Secretary APPROVED Lisa Aguilar Assistant City Attorney For City Attorney -71- NOEMI PEREZ Notary Public, State of Texas My Commission Expires June 26, 2010 CITY OF CORPUS CHRISTI 'Angel R. Escobar City Manager Page 9 EXHIBIT A Depiction of Premises and Event Layout —72— GUARD CHAIRS GUARD' VENDOR PARKING LICHTENSTEI HOUSE GATE— LILLES- MARTIJ HOUSE FOOD VENDORS (10) GALVAN F{OUSE r ENTRY (2) GATES STAGING AREA WHITE FENCE ROSSMAN- GRANDE HOUSE -- -- ---- JALUFKA HOUSE PUBLIC PARKING McCAMPBEL HOUSE CHAIN LINK FENCE SITE MAP NOT TO SCALE Use Permit for Cheers to Charity Wine Festival 2009 CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12/15/2008 /3 Page 10 EXHIBIT B I. INSURANCE REQUIREMENTS A. Permitee must not commence use of the Premises under this Lease Agreement until all insurance required herein has been obtained and approved by the City. Permitee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Permitee must furnish to the Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation, non- renewal, material change or termination is required on all certificates Bodily Injury and Property Damage Per occurrence aggregate 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. Personal Injury $1,000,000 COMBINED SINGLE LIMIT LIQUOR LIABILITY 1. Vendors providing and / or selling alcohol $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY -- Owned, Non -owned or rented vehicles 1. Contractors & Subcontractors delivering tents, stages, bleachers, temporary structures and large items 2. Event workers and volunteers $500,000 COMBINED SINGLE LIMIT AT A MINIMUM , STATUTORY LIMITS of $25,000 / $50,000 for BODILY INJURY & $25,000 for PROPERTY —74— Page 11 C. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Permitee 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 ensure that all workers' compensation obligations incurred by the Permitee will be promptly met. B. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation is required on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left ". In the alternative, a copy of a policy endorsement with the required cancellation language is required. • The name of the event, including exact dates including move -in and move out dates shall be shown under the Description of Operations/ Locations / Vehicles/ Special Items. • At a minimum, a 30-day written notice to the Risk Manager and Parks and Recreation Director of cancellation, material change, non - renewal or termination and a 10 day written notice of cancellation for non - payment of premium is required. —75— DAMAGE WORKERS' COMPENSATION EMPLOYERS' LIABILITY Required if Event employs any person other than himself /herself: WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 ACCIDENT POLICY FOR VOLUNTEERS $5,000 MEDICAL PAYMENTS per PERSON $10,000 DEATH or DISMEMBERMENT per PERSON C. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Permitee 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 ensure that all workers' compensation obligations incurred by the Permitee will be promptly met. B. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation is required on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left ". In the alternative, a copy of a policy endorsement with the required cancellation language is required. • The name of the event, including exact dates including move -in and move out dates shall be shown under the Description of Operations/ Locations / Vehicles/ Special Items. • At a minimum, a 30-day written notice to the Risk Manager and Parks and Recreation Director of cancellation, material change, non - renewal or termination and a 10 day written notice of cancellation for non - payment of premium is required. —75— Page 12 EXHIBIT C (Document provided by Lindsey Edwards, CEO /Owner of Lindsey's Event Planning) Cheers to Charity Corpus Christi Food & Wine Festival Overview of the Festival I have been actively involved with Humanitarians Organized for Public Education (H.O.P.E.) in preparation for the "First Cheers to Charity" Corpus Christi Food & Wine Festival. That will be held April 4 & 5, 2009 in Corpus Christi, Texas, Heritage Park. We are preparing for a festival that will focus on food and wine in efforts to raise monies for education. Concept of the Festival Food and Wine Festival April 4 -5, 2009 3:00 pm -10:00 pm Saturday 3:00 pm -9:00 pm Sunday Purpose of the Festival Our ultimate goal is to raise funds to provide scholarships to future university students who are faced with rising costs in tuition. We have selected H.O.P.E. as the non profit to receive a portion of donations, tickets sales and sponsorship dollars. The organization will give the funds to Corpus Christi area high school seniors, who are preparing for college and can utilize the funds for tuition. Elements of the Festival Food: Chefs from local restaurants will demonstrate how to prepare specialty dishes. They will also select a wine to pair with each course. Wine: The public will be offered tasting(s) of various wine. We will also have wine available for purchase by the bottle and case. Vendors: We have invited and are showcasing Local artists. We will also have exhibitors from a variety of areas. For example jewelry, fashion wear, furniture, home decor, candles etc... Partners of the Festival Lindsey's Event Planning: Will host and organize of the event. H.O.P.E.: Will receive monies raised for the purpose of scholarships. Republic National Beverage: Will provide wine to Lindsey's event planning to be sold and consumed at the festival. —76— CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 13, 2009 AGENDA ITEM: Resolution authorizing the City Manager or designee to submit a grant application to the Texas Parks and Wildlife Department in the amount of $500,000 for the purpose of participating in the Local Park Grant Program to develop the Oso Conservation Interpretive Park on Oso Bay ("Program"), with City match of $500,000 in the Parks and Recreation CIP Fund (General Obligation); dedicating proposed site for permanent public park and recreation uses. ISSUE: The City of Corpus Christi Parks and Recreation Department will apply for a Texas Parks and Wildlife, Outdoor Grant on January 31, 2009 for the Oso Conservation Interpretive Park located between Holly and Wooldridge. REQUIRED COUNCIL ACTION: Approval to submit a grant application to Texas Parks and Wildlife. PREVIOUS COUNCIL ACTION: Council previously approved a resolution to submit an Indoor Grant on July 15, 2008 (pending announcement of award), as well as Outdoor Grant on March 29, 2008 (awarded), and the Recreational Trails grant on April 22, 2008 (awarded). Council approved the Oso Creek -Oso Bay Greenbelt, Parks & Trails System in August, 2006. A second presentation of the Oso Creek -Oso Bay Greenbelt, Parks & Trails System was presented to Council in December, 2007. Council approved an agreement with the Trust for Public Lands to acquire acreage from the Gaines family as part of the Conservation /Interpretive Park in February, 2008. CONCLUSION AND RECOMMENDATION: The Parks and Recreation Department recommends Council approve the resolution required by the grant application. Attachments: none —79— lat Sally Gq*tik, Direct Parks a d Recreation Department RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT A GRANT APPLICATION TO THE TEXAS PARKS AND WILDLIFE DEPARTMENT IN THE AMOUNT OF $500,000 FOR PURPOSE OF PARTICIPATING IN THE LOCAL PARK GRANT PROGRAM TO DEVELOP THE OSO CONSERVATION INTERPRETIVE PARK ON OSO BAY ( "PROGRAM "), WITH CITY MATCH OF $500,000 IN THE PARKS & RECREATION 2009 CIP FUND (GENERAL OBLIGATION); DEDICATING PROPOSED SITE FOR PERMANENT PUBLIC PARK AND RECREATION USES. WHEREAS, the City of Corpus Christi ( "Applicant ") is fully eligible to receive assistance under the Program; and WHEREAS, the Applicant is desirous of authorizing an official to represent and act for the Applicant in dealing with the Texas Parks and Wildlife Department ( "Department ") concerning the Program; BE IT RESOLVED BY THE APPLICANT: SECTION 1: That the Applicant hereby certifies that they are eligible to receive assistance under the Program, and that notice of the application has been posted according to local public hearing requirements. SECTION 2: That the Applicant hereby certifies that the matching share for this application is readily available at this time. The match for this grant is $500,000 in the Park & Recreation 2009 CIP Fund (General Obligation). SECTION 3: That the Applicant hereby authorizes and directs its Director of Parks and Recreation Department to act for the Applicant in dealing with the Department for the purposes of the Program, and that Sally Gavlik is hereby officially designated as the representative in this regard. SECTION 4: The Applicant hereby specifically authorizes the official to make application to the Department conceming the site to be known as the Oso Conservation Interpretative Park on Oso Bay in the City of Corpus Christi, Texas for use as a park site and is hereby dedicated or will be dedicated upon completion of the proposed acquisition for public park and recreation purposes in perpetuity. SECTION 5: That the Applicant hereby certifies that a copy of the application has been submitted to the appropriate regional council of governments for Texas Review and Comments System consideration. SECTION 6. This Resolution shall take effect and be in full force immediately after its passage by City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED December 29, 2008 Lisa Aguila ssistant City Attorney For City Attorney H: \LEG- DIR\Lisa\2008 Resolutions \TPWD Outdoor Grant submission RESOLUTION_ rg122908v2.DOC -80- 6 AGENDA MEMORANDUM DATE: January 13, 2009 SUBJECT: Oso Trunk Main Manhole Repair /Replacement Phase 3 (Project No. 7386) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Sendero Industries from Houston, Texas in the amount of $597,640 for Oso Trunk Main Manhole Repair /Replacement Phase 3 for Total Base Bid and Additive Alternate. ISSUE: Manholes in the Oso Trunk Main area need to be repaired. Repair is necessary to maintain the integrity of the sanitary sewer system in the area and to comply with state and federal environmental regulations. The project was bid on September 24, 2008; and is ready to be awarded, which requires City Council approval. FUNDING: Funding is available from the FY 2008 Wastewater Capital Outlay Budget. RECOMMENDATION: Staff recommends approval of the Motion as presented. 05 0 y �cir/G Foster Crowell, Pete Anaya, P. E., Director of Wastewater Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Project Actions Exhibit "B" Project Budget Exhibit "C" Tabulation of Bids Exhibit "D" Location Map —83- H:\ USERSZHOME \VELMAFlGEMWASTEWATER\7386 OSO TRUNK MAIN PHASE 3WGENDA MEMO EXHIBIT "A" I Page 1 of 2 BACKGROUND INFORMATION SUBJECT: Oso Trunk Main Manhole Repair /Replacement Phase 3 (Project No. 7386) PROJECT DESCRIPTION: The proposed project replaces three (3) deep manholes constructed of brick and mortar along the Oso Trunk Main as follows: Base Bid 1. Curtis Clark and Nelson — replacement of one special brick and concrete manhole and one standard manhole. 2. Curtis Clark and Betty Jean — replacement of one special brick and concrete manhole and one standard manhole. Additive Alternate 3. Curtis Clark and South Staples — replacement of one special brick and concrete manhole. Failing manholes can account up to 50% of inflow and infiltration in a collection system. The existing manholes are over thirty years old and beyond their service life. The new manholes will be fiberglass and grout sprayed liners. This project is part of the life cycle program and prioritized to reduce the inflow and infiltration and potential manhole failures within the Oso Water Reclamation Plant Basin. Previous phases completed the other manholes along the trunk main. Prior to the 1960's, most manhole structures were constructed of brick and mortar. METHOD OF AWARD: The bids are evaluated based on the following: 1. Total Base Bid, or 2. Total Base Bid + Additive Alternate The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. BID INFORMATION: Competition was received for the project with bids submitted on September 24, 2008 from five (5) contractors. The bids range from $419,500 to $772,067 for the Base Bid; and from $142,500 to $500,500 for the Additive Alternate. The engineer's estimated cost of construction is $770,000 for the Base Bid; and $310,000 for the Additive Alternate. The low Base Bid was submitted by Valemas, Inc. from San Antonio, Texas in the amount of $419,500. They submitted a bid in the amount of $208,000 for the Additive Altemate that combines the total Base Bid and Additive Alternate in the amount of $627,500. Sendero Industries from Houston, Texas had the low combined Base Bid and Additive Altemate in the amount of $597,640. See Exhibit "C" Tabulation of Bids. H:\ USERS2WOME \VELMAP\GEMWASTEWATER\7386 OSO TRUNK MAIN PHASE 3V G0&I A BACKGROUND The City's consultant, HDR Shiner Moseley & Associates, and City staff recommends that the Base Bid in the amount of $455,140 and Additive Alternate in the amount of $142,500 be awarded to Sendero Industries from Houston, Texas in the total contract amount of $597,640 for the Oso Trunk Main Manhole Repair /Replacements Phase 3 Project. TIME OF COMPLETION: The contract provides for the work to be complete within 130 calendar days of notice to proceed. —85— H: \USERS2WOME\VELMARGEMWASTEWATER \7386 OSO TRUNK MAIN PHASE MAGENDA BACKGROUND IEXHIBIT "A" I Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: Oso Trunk Main Manhole Repair /Replacement Phase 3 (Project No. 7386) PRIOR COUNCIL ACTION: 1. March 28, 2000 — Motion authorizing the City Manager, or his designee, to execute an Engineering Services Agreement with HDR Shiner, Moseley & Associates, Inc. for a total fee not to exceed $396,574 for the Sanitary Sewer Trunk Main Rehabilitation as follows: • West Point/Greenwood Trunk Main Rehabilitation • Staples Street Trunk Main Rehabilitation • Omaha Street Trunk Line Rehabilitation • Antelope 24 -Inch Trunk Main Rehabilitation • Infiltration /Inflow Related Collection System Enhancement Program: South Staples from Saratoga Boulevard to Timbergate; Timbergate from Staples Street to Opengate; and Cimmaron Boulevard from Saratoga Boulevard to south of Lipes Boulevard (M2000 -096). 2. March 28, 2000 — Motion authorizing the City Manager, or his designee, to execute an Agreement for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Trinity Engineering Testing Corporation for a total fee not to exceed $21,800 for the Sanitary Sewer Trunk Main Rehabilitation (M2000 -097). 3. March 23, 2004 - Ordinance appropriating $875,000 from the unappropriated interest earnings from Wastewater 1999A CIP Fund 4243 (SRF) for the Greenwood Sanitary Sewer Trunk Main Cleaning project; amending capital budget adopted by Ordinance No. 025647 by increasing appropriations by $875,000 (Ordinance No. 025671). 4. March 23, 2004 - Motion authorizing the City Manager or his designee to execute a construction contract with Specialized Maintenance Services, Inc. of Pasadena, Texas in the amount of $705,590 for the Greenwood Sanitary Sewer Trunk Main Cleaning Project (Motion No. M2004 -106). 5. December 21, 2004 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 3 to the construction contract with Specialized Maintenance Services of Pasadena, Texas, for the Greenwood Sanitary Sewer Trunk Main Cleaning Project in the amount of $74,875 for a total restated fee of $818,146 for the rehabilitation of an existing 10 -inch diameter cast iron sanitary sewer line under S.H. 286 Crosstown Expressway at Segrest Street and an existing 10 -inch diameter cast iron sanitary sewer line under IH -37 at Savage Lane. 6. February 22, 2005 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 8 to the Contract For Professional Services with HDR Shiner, Moseley & Associates, Inc. in the amount of $184,436, for a total restated fee of $672,642, for the Sanitary Sewer Trunk Main Rehabilitation Project for manhole replacements and cast iron pipe rehabilitation (Motion No. M2005 -062). HA USERS2 WOME\VELMAP\GEMWASTEWATER\7386 050 TRUNK MAIN PHASE 3WRIOR PROJECT ACTIONS IEXHIBIT "A -1" I Page 1 of 4 PRIOR COUNCIL ACTION (continued): 7. April 11, 2006 - Ordinance appropriating $82,031 from the unappropriated interest earnings from Wastewater CIP Fund 3430 for the Oso Trunk Main Manhole Replacement project; amending capital budget adopted by Ordinance No. 026188 by increasing appropriations by $82,031; and declaring an emergency. (Ordinance No. 026726) 8. April 11, 2006 - Motion authorizing the City Manager or his designee to execute Amendment No. 12 to the Contract for Professional Services with HDR Shiner, Moseley & Associates, Inc. in the amount of $82,031, for a total re- stated fee of $772,191, for the Sanitary Sewer Trunk Main Rehabilitation Project for the Oso Trunk Main Manhole Replacements. (Motion No. 2006 -104) 9. January 16, 2007 — Motion authorizing the City Manager, or his designee, to execute a construction contract with Jhabores Construction Company, Inc. of Corpus Christi, Texas, in the amount of $1,052,804 for the Oso Trunk Main Manhole Repair /Replacement Phase 2 and Kostoryz Road Wastewater Manhole /Line Rehabilitation for Base Bid A and Base Bid B. (Motion No. M2007- 012) 10. December 18, 2007 — Approval of the FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of $127,275,900 (Ordinance No. 027546). PRIOR ADMINISTRATIVE ACTION: 1. May 16, 2000 — Executed Amendment No. 1 with HDR Shiner, Moseley & Associates, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $14,412 for a total restated fee of $410,986. 2. August 7, 2001 — Executed Amendment No. 2 with HDR Shiner, Moseley & Associates, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $7,110 for a total restated fee of $418,096. 3. March 4, 2002 — Executed Amendment No. 3 with HDR Shiner, Moseley & Associates, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $10,500 for a total restated fee of $428,596. 4. March 6, 2002 — Executed Amendment No. 4 with HDR Shiner, Moseley & Associates, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $3,250 for a total restated fee of $431,846. 5 April 10, 2003 — Executed Amendment No. 5 with HDR Shiner, Moseley & Associates, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $6,500 for a total restated fee of $438,346. 6. September 5, 2003 — Executed Amendment No. 6 with HDR Shiner, Moseley & Associates, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $24,906 for a total restated fee of $463,252. 7. March 29, 2004 -- Executed Amendment No. 7 with HDR Shiner, Moseley & Associates, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $24,954 for a total restated fee of $488,206. 8. July 8, 2004 — Executed Change Order No. 1 with Specialized Maintenance Services, Inc. of Pasadena, Texas in the amount of $14,000 for the Greenwood Sanitary Sewer Trunk Main Cleaning Project. —87— HSUSERSZWOMEWELMAPIOE AWASTEWATER \7396 OSO TRUNK MAIN PHASE 3\PRIOR PROJECT ACTIONS EXHIBIT "A -1" Page 2 of 4 fEXHIBIT "A -1" I Page 3 of 4 PRIOR ADMINISTRATIVE ACTION (continued): 9. November 9, 2004 - Executed Change Order No. 2 with Specialized Maintenance Services, Inc. of Pasadena, Texas in the amount of $23,681 for the Greenwood Sanitary Sewer Trunk Main Cleaning Project. 10. March 21, 2005 — Executed Amendment No. 9 with HDR Shiner, Moseley & Associates, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $5,843 for a total restated fee of $678,485. 11. June 9, 2005 — Executed Amendment No. 10 with HDR Shiner, Moseley & Associates, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $6,800 for a total restated fee of $685,285. 12. January 19, 2006 - Executed Amendment No. 11 with HDR Shiner, Moseley & Associates, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $4,875 for a total restated fee of $690,160. 13. July 10, 2006 - Executed Amendment No. 13 with HDR Shiner, Moseley & Associates, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $7,516 fora total restated fee of $779,707. 14. November 15, 2006 - Executed Amendment No. 14 with HDR Shiner, Moseley & Associates, Inc. for the Sanitary Sewer Trunk Main Rehabilitation in the amount of $6,000 for a total restated fee of $785,707. 15. June 7, 2007 — Executed Change Order No. 1 with Jhabores Construction Company, Inc. of Corpus Christi, Texas, in the amount of $7,670.02 for the Oso Trunk Main Manhole Repair /Replacement Phase 2 and Kostoryz Road Wastewater Manhole /Line Rehabilitation. 16. July 12, 2007 — Executed Change Order No. 2 with Jhabores Construction Company, Inc. of Corpus Christi, Texas, in the amount of $5,161.67 for the Oso Trunk Main Manhole Repair /Replacement Phase 2 and Kostoryz Road Wastewater Manhole /Line Rehabilitation. 17. July 31, 2007 — Executed Change Order No. 3 with Jhabores Construction Company, Inc. of Corpus Christi, Texas, in the amount of $24,965 for the Oso Trunk Main Manhole Repair /Replacement Phase 2 and Kostoryz Road Wastewater Manhole /Line Rehabilitation. 18. October 1, 2007 - Executed Change Order No. 4 with Jhabores Construction Company, Inc. of Corpus Christi, Texas, in the amount of $16,663.64 for the Oso Trunk Main Manhole Repair /Replacement Phase 2 and Kostoryz Road Wastewater Manhole /Line Rehabilitation. 19. October 19, 2007 - Executed Change Order No. 5 with Jhabores Construction Company, Inc. of Corpus Christi, Texas, in the amount of $24,992 for the Oso Trunk Main Manhole Repair /Replacement Phase 2 and Kostoryz Road Wastewater Manhole /Line Rehabilitation. 20. December 6, 2007 - Executed Change Order No. 6 with Jhabores Construction Company, Inc. of Corpus Christi, Texas, in the amount of $24,800 for the Oso Trunk Main Manhole Repair /Replacement Phase 2 and Kostoryz Road Wastewater Manhole /Line Rehabilitation. 21. December 28, 2007— Distribution of RFQ No. 2007 -05 CIP Projects FY 2008 -2009 Scoping, Estimating, and Design Services to 191 consultants (78 local and 113 non - local). H:\ USER S2WOMEWELMAP\GENIWASTEWATER\73a6 OSO TRUNK MAIN PHASE 3$INOR PROJECT ACTIONS IEXHIBIT "A -1" 1 Page 4 of 4 PRIOR ADMINISTRATIVE ACTIONkcontinued): 22. January 14, 2008 - Distribution of Addendum No. 1 to the RFQ No. 2007 -05 CIP Projects FY 2008 -2009 Scoping, Estimating, and Design Services to 191 consultants (78 local and 113 non - local). 23. January 17, 2008 - Distribution of Addendum No. 2 to the RFQ No. 2007 -05 CIP Projects FY 2008 -2009 Scoping, Estimating, and Design Services to 191 consultants (78 local and 113 non - local). 24. June 16, 2008 — Executed Amendment No. 15 with HDR Shiner, Moseley & Associates, Inc. for the Sanitary Sewer Trunk Main Rehabilitation (Oso Trunk Main Manhole Repair /Replacement Phase 3) in the amount of $38,690 for a total restated fee of $824,397. —89— H:\ USERS2 1HOMEWELMAP\GEMWASTEWATER\7386 OSO TRUNK MAIN PHASE 3WRIOR PROJECT ACTIONS PROJECT BUDGET OSO TRUNK MAIN MANHOLE REPAIR/REPLACEMENT PHASE 3 Project No. 7386 January 13, 2009 FUNDS AVAILABLE: Wastewater $702,594.00 FUNDS REQUIRED: Construction (Sendero Industries) $597,640.00 Contingencies (10 %) 59,764.00 Consultant (HDR Shiner Moseley & Associates) 38,690.00 Reimbursements 5,000.00 Misc. (Printing, Advertising, etc.) 1,500.00 Total $702,594.00 H: USERSNWMEWELMARGEMWASTEWATEI T7388050 TRUNK MAIN PHASE WROJeC9 &ECET EXHIBIT'B" Paae 1 of 1 N C U o. C 00 ca O mo 0 O OV 6 o Iu m W FZ Z O H Z W f CC a 0 4 O a 2 w° 0 Y C0 O c S 03 L E. 8 N CT O Y F m d 0 0 F V 7 O W EXHIBIT "C" I HauMOn.7X 71092 I Conroe. TX 77305 I 155]1p Y; 9uNte 280 I Jhabores Construction 5349 Leopard Street C� 1 g w $ M 8 ^ a w 8 N 8 o n M 8 0 o M 50Q o 0 N $ m x m n$ n 8 C S 0 w $ O N 5103,000.00 S O 8 x 8 O $_ N 8 $ 0 p O § O N 8 N $ S cn N 8 S O N $ O o N 8 $ O M 8 6 8 w 8 O o N N 8 6 8 C H 5700.00 00'OOLb82$ TOTAL II UNIT PRICE camp 8 8 m M 0 e 6 o O N 8 O O N p $ O C N 8 6 O N 8 S OO w 8 S O w 8 M o o N N N O IOV w S O < N O q N 8 w 523,680.00 8 S <- N N 8 C to O 0 » a 6 o co N 6 A w 6 co N S S C O p O w 8 ci A. p R T N L518000.00 °o x a° o Ka p $ o w 544,000.00 0 $ in n 522,000.00 $ 8 N 0 0 0 n 00 m 0 or II 8 O o p 0 0 ci o N $51,000.00 544.000,00 $ o N N 0 0 6 N 8 O o N 8 n N MANHOLE REPAIR/REPLACEMENT PHASE 3 I 3435 Salado Creek Drive PROJECT NO. 7385 San Antonio, TX 78217 00 8 w $g T w 00 e n $ $ w 526,000.00 8 o w $ $ p $14,000.00 0 a at M DESCRIPTION I UNIT PRICE e $ o » 555,000.00 o n p °o d w 00 6 tit 08.000'65 8 d tomplele aemouoon and removal of the existing manhole (#2773) Including brick 'stack', existing vault roof, vault sides, vault bottom and existing invert, complete In place. per Lump Sum. 1Complete demolition and removal of the existing 4' dia. Erick manhole (82774), per Lump Sum. Special Fiberglass Reinforced Pleede (FRP) Manhole (approx. 13.0' depth), complete in place, Including new foundation, invert, new frame and cover, cement stabilized Nickell, removal and replacement of pavemengpavemenl repaire, and any other Items required 10 produce a new manhole, per Each. Standard 4' DIA Fiberglass Reinforced Plastic Manhole (approx. 7.2 depth). complete In place, Including new foundation. Invert, new frame and cover, cement stabilized lback68, removal and replacement of pavemenUpavemenl 'repairs, and any other Items required lo produce a new manhole, per Each. E N et 3 J 6 1 LL s 3 a U Trench Safety for Manhole, per Each. Traffic Control Measures, per Lump Sum. Well Pointing, per Linear Feet. R iti 4 0 i a 3 w w � w; Q W a 9+ - N r 0 3 EXHIBIT "C" C a. }( (z ore mw aw I-z re a. Jhabores Construction Co. I 6346 Leopard Street Corpus tamed, TX 713408 1 UNIT [ TOTAL 1 $57,000,00 ■ # ! ■ } , ! } , K ! , ■ e ) 2 ■ ; „ , # , a k ° o IN - ° 2 - ■ # ° $ , ° ■. IN MANHOLE REPAIR/REPLACEMENT PHASE 3 3475 Salado Creek Drive ., . Box 639 nig sale Excavation, Inc. 8814 Thornwall P. O. Boa 639 15531 Kuykendahl, Suds 280 PROJECT NO. 7366 _ San Mlonlo, TX 78217 Houston, T% 77082 Conroe. TX 77305 Hou la T% TT090 DESCRIPTION UNIT TOTAL UNIT TOTAL UNIT TOTAL - UNIT TOTAL PRICE PRICE PRICE PRICE PR1cE nohow UNIT TOTAL 550,000.00 530,000.00 a $ 5150,000.00 a 0 § 0 0 ) 0 , k 1 530,000,00 / ■ ) o ■ 2 ■ f ■ \ a / ° ) ■ ) . ■ $ 0 \ 0 k 0 0 0 o R I522,200.00 o 0 o e e 559.20 o ci o i 551,000.00 $51,000.00 515,000.00 522,000.00 ci fa a a ■ 04 o $ , \ 521,000.00 \ } 0 0 0 \ ■ ( ■ 1 525,000.00 0 \ 534,000.00 \ 0 514,000.00 I 0 ) - CV 0 a . § a. en in 534,000.00 §. $ ry 0 k 'Mobilization, Demobilization, and Bonds. per Lump Sum e ample a emdOlen ofd removal 01 me existing manhole (12806) Including brick 'stack', existing vault roof, vault sides, vault bottom and existing Invert, complete In place, per Lump Sum. 1Complete demolition and removal of the existing 4' dia. Brick manhole (82805), per Lump Sum. 0 /■ •lipf ( 2!# t ..,_| : WILE; BIM �i .t .l..-. !, ta ## 8fa It § # ! .!; )„ { ) , $h ! k h :i l �" I c . |. 1,lE| .g Coned of Wastewater Flows, per Lump Sum. Trench Safely for Manhole, per Each. Traffic Control Measures, per Lump Sum. Well Pointing: per Linear Feet. rrerra - Li : || am co _J , \ . - , - ! 3 ■ . .-U2- . . o Of . EXHIBIT "C" Page 2 of 3 0 0 e E Big Slate Excavation, Inc. Jhabores Construction Co. 15531 Kuyhndahl, Sidle 290 6349 Leopard Street Houston, TX 77090 Corpus Christi. TX 78409 0 6 o 0 N 0 c °o. N w °° 0 °0 0 p °° 3 N M 516,500.00 525,000.00 a 0 In en w TOTAL UNIT PRICE PRICE S ° N S S CV p S NN N S 8 la p S p 8 M S 0 n w 0 °0 w 8 S a H S o w 0 o o n 0 " 0 0 i°e d N 525,000.00 °0 s e 0 5100,000.00 a N N °o 6 o N 0 Valemes, Inc. Sendai" Industries SLC Construction 030 TRUNK MAIN MANHOLE ROJECT NO.��PIACEMENT PHASE 3 San Antonlo, TX 71217e Houston, TX77092 Conroe, X 7 305 N 8 CV a pO m N 2 ° mr p pS p p 8 0 M N _ co o 0 0 N N w °o 0 N °° ° 44 °° 0 p 559.20 $15.000.00 °0 0 N w 0 a "w 515,000.00 00 s N w 00 8 n 0 N w 0 6 N N DESCRIPTION UNIT TOTAL UNIT PRICE I PRICE PRICE °0 $ N ° 0° N Q a w 0 0 N on 0 0 0 °0 N 5155.00 0° °o w °0 c 0m p °0 0 p $21,000.00 00'000'6$ °a 6 w er 8 000 i 595,000,00 p$ OO 8 e 8 Q w 8 g w a $ i4.' .F1 ft 0 8 = 0e fib€ `:8 .1gE El • o ° a' am 95 al ti 01 a 8 fl s Spedal Fiberglass Reinforced Plastic (FRP) Manhole (approx. 192 depth(, complete In place. Including new foundation, Invert new frame and cover, cement stabilized back9II, removal and replacement of pavemenUpavemenl repairs, and any other Hama required to produce a new manhole, per Each. Control of Wastewater Flews, per Lump Sum. Trench Safety for Manhole, per Each. Traffic Control Measures, per Lump Sum. Weil Pointing, per Linear Feel. IODITWE ALTERNATE (SITE 3) ITEMS C1 - C7 o..c ��yy F IM J Q W J a W J LL J - _ - - - 8 W F U 0 0 U 9s U U 8 U co N 8 m rri 0 0 0 ea a FXHIBIT "C" File : \Mproject \councilexhibits \exh7386.dwg SITE LOCATION LOCATION MAP NOT TO SCALE CITY PROJECT No. 7386 VICINITY MAP NOT TO SCALE EXHIBIT 'D' Oso Trunk Main manhole Repair/ Replacement Phase 3 n CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 09 /29/2008 amour MOP/ Mar ENO 7 AGENDA MEMORANDUM DATE: January 13, 2009 SUBJECT: Golf Course Improvements (existing courses) Oso Beach Irrigation Improvements (Project No. 3397) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Mid - America Golf and Landscape, Inc. from Lee's Summit, Missouri in the amount of $995,576 for Golf Course Improvements (existing courses) Oso Beach Irrigation Improvements. ISSUE: This project was approved November 2, 2004 in the Bond Issue 2004 Package under Proposition No. 4 Park & Recreation Improvements. It is proposed to award a construction contract for improvements to Oso Beach Municipal Golf Course. The project provides for a new irrigation system for tees, greens and fairways on all existing 18 holes. The existing system was last upgraded in 1981, it is no longer serviceable and the parts are obsolete. FUNDING: Funding is available from the FY 2008 Parks and Recreation Capital Outlay Budget. RECOMMENDATION: Staff recommends approval of the Motion as presented. �fl ally G:vlik, Pete Anaya, P. E., Director of Parks and Recreation Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Project Budget Exhibit "D" Tabulation of Bids Exhibit "E" Location Map H: USERS2\HOMENELMAP\GEMPARKS 8 REC13397 OSO BEACH GOLF IRRIGAZIQIWGENDA MEMO BACKGROUND INFORMATION SUBJECT: Golf Course Improvements (existing courses) Oso Beach Irrigation Improvements (Project No. 3397) PROJECT DESCRIPTION: This construction contract will provide for installation of a completely new state -of- the -art automated irrigation system for all eighteen (18) holes at the Oso Beach Municipal Golf Course. The existing irrigation system was installed in the 1960's and last upgraded in 1981. The new system was designed to increase capacity and coverage to improve the quality of the course and experience of play. Two types of systems and manufacturer's were approved for the project, Rainbird and Toro. Due to the potential of limited funds and volatile market conditions this project was developed with a Base Bid and Deductive Alternate to ensure adequate funds for the scope as outlined below: BASE BID: The base bid for the project consists of a complete new irrigation system for the tees, greens, and fairways on all eighteen holes. The work also provides for minor improvements to the existing irrigation pump house and drainage on the course. The proposed base bid improvements includes three major elements: • Mainline piping including approximately 18,320 LF of new 6 ", 8 ", 10" & 12" PVC piping and valves to supply the system; • Sprinklers and lateral distribution pipeline which includes approximately 1341 sprinklers with 71,500 LF of new 2" PVC piping, fittings and valves; and • Control system, decoders, wiring and valves to activate programmed zones and sprinklers. DEDUCTIVE ALTERNATE NO. 1: The deductive item removed all irrigation work on Holes 15, 16, 17, and 18 Tee areas and rehabbed the existing systems to remain functional. It is recommended this contract be awarded to Mid - America Golf and Landscape, Inc. of Lee's Summit, Missouri for the Base Bid ONLY in the amount of $995,576. To ensure the completion of this project, work will begin immediately in preparation of a major Pan - American Golf Tournament hosted in the City of Corpus Christi next summer. The entire project is scheduled to be complete within 180 calendar days. Throughout the construction period the golf course will remain open. Work shall be carried out in such a manner as to cause the minimum interruption to play and confine open trenches to a single fairway where possible. To minimize disruption to the public, the contractor will backfill holes and trenches to facilitate weekend and holiday use of the golf course. This plan of construction has been presented to the Park & Recreation Green's Committee and they are in full concurrence with the proposed construction plan. EXHIBIT "A" Page 1 of 3 H:11-1OMEILYNDASIGEN1Golf Courses 13274 - Golf Course Imp -BI 20041Constru 88Ojo18ACKGROUND.doc Due to the benefit of excellent bid prices and anticipated remaining construction contingencies, a change order for additional work on the existing Oso irrigation pump house and course drainage could be issued before the close of the project. The projected cost for the additional work is in the $200,000 range and any future change order will be presented to the City Council for approval before the work is started. In addition to completing additional work at the Oso Golf Course, a future change order would result in a more equitable split of funding between the Oso and Gabe Lozano Courses as part of the Bond Issue 2004 voter - approved project. BID INFORMATION: The City received bids on December 3, 2008 with seven (7) bidders submitting proposals. The prices ranged as follows: Bid Proposals Bid Range Base Bid $995,576.00 $1,270,199.50 Deductive Alt. #1 $64,000.00 $130,000.00 The estimated cost of construction for the Base Bid was $1,212,259. The bids included prices for both the Rainbird and Toro manufacturers to increase competiveness and flexibility for the City. Award of the Deductive Alternate No. 1 does not provide complete coverage for the course and is NOT recommended with the excellent base bid prices. The low bid submitted was deemed irregular by the City's legal department because forms of Section A -28 Considerations for Contract Award and Execution, Section A -29 Contractor's Field Administration Staff, and Section A -30 Amended "Consideration of Contract" Requirements were not included at the time of bid opening. However, this is only considered irregular and General Provision B -2 -13 allows for the City to reserve the right to waive any irregularities and to make the award in the best interest of the City. Therefore, the City's consultant, Bryant Taylor Gordon Golf Irrigation and Design Consulting, and City staff recommend that based on low bid and satisfactory references, that the irregularity be waived and a construction contract be awarded to Mid - America Golf and Landscape, Inc. of Lee's Summit, Missouri in the amount of $995,576.00 for the Base Bid with the Rainbird product. The bid prices for Rainbird and Toro were comparable however; the final price for Rainbird includes lightning protection circuit that if deleted would reduce the total base bid by $10,175.00. It is recommended that the award include this added protection. This project is being coordinated with a Wastewater Capital Improvement Project to relocate and upgrade the existing effluent force main from the Oso Water Reclamation Plant to the Oso Beach Municipal Golf Course. The new force main will be constructed in a designated Utility Easement along the property that was transferred to TAMUCC in 2007. HAHOMELLVNDAS \GESAGOH Courses13274 - Golf Course Imp - 812004 \Con8VuMioo9- 9„MBACKGRODND.EOc EXHIBIT "A" Page 2 of 3 PROJECT BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2004. The November 2, 2004 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. The first project for the Gabe Lozano Senior Golf Center was designed by Finger Dye Spann and construction completed in 2007. EXHIBIT "A" Page 3 of 3 H:HOME\LYNDAS\GEN1GoW Courses \3274 - Golf Course Imp - BI 2OO4\Conciattlio 3au1BACKGROUND.doo PRIOR PROJECT ACTIONS SUBJECT: Golf Course Improvements (existing courses) Oso Beach Irrigation Improvements (Project No. 3397) PRIOR COUNCIL ACTION: 1. November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 2. November 9, 2004 — Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents 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). 3. October 11, 2005 — Motion approving a Contract for Professional Services with Finger, Dye, Spann of Houston, Texas in the amount of $63,735 for the Bond Issue 2004 Golf Course Improvements (existing courses) project (Motion No. M2005 -342). 4. February 21, 2006 — Motion approving an Amendment No. 1 to the Contract for Professional Services with Finger, Dye, Spann of Houston, Texas in the amount of $184,170 for a restated fee of $247,905 for the Bond Issue 2004 Golf Course Improvements (existing courses) project for final design of the Gabe Lozano Senior Golf Center (Motion M2006 -040). 5. December 18, 2007 — Ordinance approving the FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of $127,275,900 (Ordinance 027546). PRIOR ADMINISTRATIVE ACTION: 1. August 26, 2004 - Distribution of Request For Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 2. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 3. April 1, 2005 — Distribution of Request For Qualifications (RFQ) No. 2005 -01 Wastewater and Parks and Recreation Projects to 189 engineering firms (76 local and 113 non - local). 4. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004- 03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). EXHIBIT "B" Page 1 of 2 H: \USERS2WOMEWELMAP\GEN\PARKS BREC\3397 OSO BEACH GOLF IRRIQAfIOtffMGR PROJECT ACTIONS PRIOR ADMINISTRATIVE ACTION (continued): 5. April 27, 2005 — Distribution of Addendum No. 1 to the Request For Qualifications (RFQ) No. 2005 -01 Wastewater and Parks and Recreation Projects to 189 engineering firms (76 local and 113 non - local). 6. March 9, 2007 - Administrative approval of Amendment No. 2 to the Contract For Professional Services with Finger Dye Spann of Houston, Texas in the amount of $11,120 for a restated fee of $259,025 for the Bond Issue 2004 Golf Course Improvements (existing courses) project for Committee Technical Support. 7. May 29, 2007 - Administrative approval of Amendment No. 3 to the Contract For Professional Services with Finger Dye Spann of Houston, Texas in the amount of $0 for a restated fee of $259,025 for the Bond Issue 2004 Golf Course Improvements (existing courses) project for Agronomic Consultation Services for the Gabe Lozano Senior Golf Center. 8. November 13, 2007 - Administrative approval of Amendment No. 4 to the Contract For Professional Services with Finger Dye Spann of Houston, Texas in the amount of $22,737 for a restated fee of $281,762 for the Bond Issue 2004 Golf Course Improvements (existing courses) project for Comprehensive Turf Management Plan for Oso Beach Municipal Golf Course. 9. February 22, 2008 - Administrative approval of Small A/E Agreement with Stewart Geo Technologies, Inc. of San Antonio, Texas in the amount of $12,150 for the Bond Issue 2004 Golf Course Improvements (existing courses) project. 10. October 13, 2008 - Administrative approval of Amendment No. 5 to the Contract For Professional Services with Finger Dye Spann of Houston, Texas in the amount of $48,155 for a restated fee of $329,917 for the Bond Issue 2004 Golf Course Improvements (existing courses) project for the review of irrigation system, greens, and tees with future improvements Oso Beach Municipal Golf Course. 11. October 14, 2008 — Administrative approval of Small A/E Agreement for Architect/Engineer Consultant Services with Bryant Taylor Gordon Golf in the amount of $49,450 for Golf Course Improvements (existing courses) Oso Beach Irrigation Improvements. EXHIBIT "B" Page 2 of 2 H: \NSERS2\HOME\VELMAP\GEMPARKS ®\3397 OSO BEACH GOLF IR8 tU7EL IOR PROJECT ACTIONS PROJECT BUDGET GOLF COURSE IMPROVEMENTS (EXISTING COURSES) OSO BEACH IRRIGATION IMPROVEMENTS Project No. 3397 January 13, 2009 FUNDS AVAILABLE: Parks and Recreation $1,273,615.50 FUNDS REQUIRED: Construction (Mid-America Golf and Landscape, Inc.) $995,576.00 Contingencies (10%) 99,560.00 Consultant (Bryant Taylor Gordon Golf) 49,450.00 Consultant (Finger, Dye, Spann) 113,879.50 Consultant (Stewart Geo Technologies, Inc.) 12,150.00 Reimbursements 2,000.00 Misc. (Printing, Advertising, etc.) 1,000.00 Total $1 273 615 50 HAUSERSZAHOMEWELMARGEMPARKS REC\3597 050 BEACH GOLF IRRIGATIONTROtti DGET EXHIBIT "C" Page 1 of 1 / co 5 0. )w 0 k ENGINEERS ESTIMATE: $1,212,259 Soma Golf 7353 S. Eagle Street Centennial. CO 50112 --I iLl _ .. S72_117_75 1 . m ® § m , ■ ■ 2 @ ) 8 2 ¥ F . 0 - ■ N. 0 , . ° 0 . 569.000.00 8 § @ } ! § r.. # 2 ■ ! ¥ § ■ § ■ k | " § ! e - ■ § ■ 6 6 6 $ ,there, Inc. s Ferry Road 1, LA71106 TOTAL PRICE 560,000.00 es ; 01 -- ; IN ■ \ - ] § :© | 582,940.001 | d ) 2 - k 2 k UNIT PRICE 560,000.00 NO k 0 ) \ k k 524.11 @ a ¥ q - " @ § 47. 4 - ■ | 404 55,000.001 TOTAL • PRICE ° \ • \ a \ ° } 0 \ 555,800.00 0 0 0 j 0 •§ , ) | ] } \ k en Christensen lm 3505 Cadillac Costa Mess UNIT PRICE \ \ 3200.00 0 0 | - \ 5210.00 332,500.00 k TOTAL PRICE j e k @ - ei 49 ° \ # ) a } ° \ 530,843.00 0 0 0 - w o 44 0 � 0 0 44 Mid- Amertca Gi 1621 SE Si Lee's Summ UNIT PRICE ) @ § 3235.00 k \ ■ ' ¥ e @ © | & n " § . 5225.00 \ / BE IMPROVEMENTS (EXISTING COURSES) IEACN IRRIGATION IMPROVEMENTS PROJECT N0.3397 DESCRIPTION | 01 _ ] ;§/2 !r«, ltgE tEseg !!!$I ! | ;,| (i!� !!§.! . I ) k/ (TOTAL PART A (ITEM Al) 5. § § is IZ full circle sprinkler #700E -ACME, complete In place per each pad circle sprinkler #750E -ACME, complete M place per each ,lull drde sprinkler #500E -ACME, complete In place per ,each part drde sprinkler #550E -ACME, complete In place per each quick coupling valve #SNP. complete In place per each swing joints -1 114" (LASCO), complete In place per each swing joints (OCV) - 1" (LASCO), complete In place per each — M. - 0 | - lateral pipe - 2" SCH 40 PVC, complete In place per linear loot lateral fittings, complele In place per lump sum ! 4 • I r !| { |! ,, g8 -! {| ! ! , ! 2 \k all cartpath, roadways or maintenance path crossings, commie or asphalt, complete In place per lump sum (TOTAL PARTS (ITEMS 111 - 913) | ; a & ! . , , E "|| © § § ■ , ■ - k ` . - - NI - ■� 3 PART B. 3 1, CO 0_ 10 CO , CO co '03 co co � T�, .rif 16 m U m 0- a CC 0 U O F 0 O m m tlu Z W ap Z M K '-W 2 Z W 0 2 2 n W 2 a. m m O X W 0 m q u ins c>p g 0 d o p U 5 O m W € Golf Works, Inc. 3660 Stone Ridge Road, F102 Austin, TX 78746 [ TOTAL PRICE 8 8 N p 8p § A In 88 7 0) w 8 0 N w 8 g p w 8 o n p 8 3 N g8m ul m • 8 3 N 8 3 p Et 14,400.00 Q8Q JS r p 8 m N 88p E m CO g8 3 p n 88 4 O IO p W 2 dp o N 8 w 8 .Ni) 3245.00 8 ..< 04 8 w 8 p 8 n 8 w 31.60 8 N N 8 N 8 $ 8 O United Golf, LLC 11 East 5th Street, Suite 500 Tulsa, OK 74103 TOTAL PRICE 350008.00 8 gm S p 8 ^ o p.: h 3110.400.00 310,800.00 8 m a pa q n p p $ m P N p 8 YI {mryy M 32,522.00 p Q8 `� m p 88 O q p ry8 N N p S8 O g N pN 8 O w 8 A m N Mp UNIT PRICE 8 O pM n p 3214.00 3240.00 88 O 8 Imy p 8 r M 8 N p 351.00 8 m p N p p 8 8 n p 8 n p p 8 8 p 8 G p United, GLI, Inc. 44 -907 Golf Center Parkway Indio, CA 92201 TOTAL PRICE o q co e 0) N 8 to r I.- p m ° g w a °, n o m w 0 °m (oy Np °a m m n p r° 0) o N 530,333.42 o n a e n m a $ m a '�`, ci W n m m N p m y O p m $n N p el S q b N UNIT PRICE 0 wp °r'. N 5255.84 pn yO N 0) N p `� O w m p n N n N m N 01 N N (0 m p 0) )pG N '8i N p of BE IMPROVEMENTS (EXISTING COURSES) EACH IRRIGATION IMPROVEMENTS PROJECT NO. 3397 DESCRIPTION DEMOBILIZATION IMobillzalbn!Demobilization which includes but is not limited Lo bonds, insurance, construction fendng, removal of I temporry ramps, and all other items required to complete the work but not covered by other spedfic bid Items, I complete and in place, per Lump Sum. TOTAL PART A (ITEM Al) 5 0 2 8 n m a g W a a o o c 4 m .m part drde sprinkler #750E -ACME, complete in place per each hill drde spdnkler #500E -ACME, complete In place per each part drde sprinkler #550E -ACME, complete in place per each m 8 a u e E 8 z W o Awing joints - 1 1/4' (LASCO), complete in place per each 8 a a c m S i O ci 8 • a a mm 1 12" PESB -PRS -D RCV wMtllkins valve. complete In place) per each lateral pipe - 2' SCH 40 PVC, complete in place per linear fool lateral fittings, complete in place per lump sum lateral Isolation valves w/box, complete in place per each 24 volt wire and wire splices, as required In the plans and spedIrations, complete in place per lump sum all cadpath, roadways or maintenance path crossings, concrete or asphalt. complete In place per lump sum TOTAL PART B (ITEMS B1 - B13) J CC K W W W W J J a J J IPART B. SPRINKI p N 8 v y N p m N n N m m m V m m m m m m O m 0 N m n m —105— EXHIBIT "D" Page 2 of 16 Cr 5 0. Fo- z cc CO CC w ( re a. 0 Soma Goff 7353 S. Eagle Street Centennial, CO 80112 TOTAL PRICE m k @ } 0 ) \ 522,000.00 515,000.00 0 ¥ , 2 51.500.00 55,550.00 0k ; UNIT PRICE 8 a# 7. 0#@¥ ) le § - 8 | s$ | 2 Flemming Brothers, Inc. 11403 Norris Ferry Road Shreveport, LA 11106 TOTAL PRICE k k§ 40 @ R a!; # 8 ■ $ # a s § a © 8 | # Co' ¥ # m■ 0101 &! UNIT PRICE k ° 552.76 ■ H ) f ■ § ° \ k Christensen Irrigation Co., Inc. 3505 Cadillac Ave. 40.2068 Costa Mesa, CA 92626 TOTAL PRICE k § \ ( k § § k 55,600.00 VPI 44 IS UNIT PRICE 8 N ; ) ; § 4. | ) | / re # ( 7 @ ; . Mid - America Golf & Landscape 1821 SE Summit Ave. Lee's Summit, MO 64081 TOTAL PRICE ^ § 546,464.001 III 510,043.00 j { © § r § § 0 | d a r 5144,692.00 ■ k UNIT PRICE \ ! @ ( w ° k ° \ \ GOLF COURSE IMPROVEMENTS (EXISTING COURSES) 050 BEACH IRRIGATION IMPROVEMENTS PROJECT NO. 3397 UNIT r DESCRIPTION | §& [ f P. ! § FD 401 decoder. compete in place per each FD 101 decoder, complete In place per each decoder vavie box, complete In place per each grounding grid(s) as required by Rain Bird, complete In place per lump sum c { \/ ® \k • f install bonding wire, as required in the plans and spedlcations, complete In place per lump sum | ! _f| | |' a2 E! |f t a i { i i |k |! freedom pad kit and related software. complete in place per lump sum ILI - I- TTOTAL PART C (Len C7 to be considered as a bid alternate) & , , , = e , e § (PART C. CONTRC 0 0 94 CC 44, DI , , , t 0 0; 00 0.a60 0 0 EXHIBIT "D" age 3 of 16 rc 0 N 0 a cc 8 0 ..".Golf works, Inc. IpI 3660 Stone Ridge Road, F102 Austin, TX 78746 loll TOTAL PRICE 555.208.00 0 MN 0 N w 0 m w 8 N w 0 197 w 0 0 N 8 O w 8 X 0 w 8 N 5208.983.00 1 0 m w to i 1' p o p O 0 0 » 0 w 0 S p 0 8 - w 8 0 w 54.500.00 G O S N N » 0 m N United Golf, LLC 11 East 5th Street, Suite 500 Tulsa, OK 74103 TOTAL PRICE O P. $ w °o e —. gg A 00 a w 0 N o w 0 S w 514.525.00 I 00 8 '- w °o, w 513,000.00 I 0 0 m w 0 �° o w °o m! N CV O m; o H w UNIT PRICE 5625.00 0 Vl 8 m 8 ra N 57.400.00 8 8 N Y 0 w 8 8 �- w 0 0 0 8 w a 0 0 w 00 0 w • GLI, Inc. enter Parkway A 92201 TOTAL PRICE n On VI N a N OI N o m f0 w n N OI w 56,398.47 n CO of N o .N- p w N N » $ 0 0 N m; 0 W Ow °od, I.. ' IO M o w ea an IG N a UNIT PRICE co fa w n ai w $ N N. '0 m N r w g PI - N w N m 0 SE IMPROVEMENTS (EXISTING COURSES) EACH IRRIGATION IMPROVEMENTS PROJECT NO. 3397 DESCRIPTION f FD 601 decoder, complete In place per each FD 401 decoder, complete in place per each FD 101 decoder, complete in place per each decoder valve box, complete in place per each (grounding grids) as required by Rain Bird, complete In place per lump sum c R 4 2 N C 0 o E c$ m m N . C n 0 m a y 2 0 0 € o E m W �g ''Install bonding wire, as required in the plans and 'specifications, complete in place per lump sum cons dwnl ud aseld ul ataldwoo 's.Ol 2/m iatndwoo lequaa swp 5-year GSP H49503, complete in place per lump sum freedom hand held radios. chargers and pads, complete In place per lump sum freedom pad kit and related software, complete in place per lump sum 'TOTAL PART C (ITEMS C1 - C11) TOTAL PART C (Less C7 to be considered as a bid alternate) 1 W I- y Z Y J W W W W 'J J J J J J J c IPART C. CONTRC 0 N N 2 N t 5 8 0 (5 U 8 o 0 0 V U -107- EXHIBIT "D" Page 4 of 16 co re 0 U1 re a 0 0 LL O in 01 mw LL Zj Z O0 F N Q Z to QW W to Z Z O Z yf Soma Golf 7353 S. Eagle Street Centennial, CO 80112 TOTAL I PRICE 0 co d 10 N 8 m m m 0 N S e - N 0 0 m b N 532.000.00 8 8 O NN M S 8 N N $2,625.00 l mo N N 8 m N N 8 O N 51,075.001 1R m d Imo » UNIT PRICE o 4. N O N 0 O d - N m N 0 00 O N N N pO 8 17 e N 00 I!i mN p O n mN p Op IR N p O Om m N p O m p 5215.00 Fleming Brothers, Inc. 11403 Nerds Ferry Road Shreveport, LA 71106 TOTAL PRICE e N 8 8 n m N 8 N 1 517.478 30 l 8 N N 0 m N N 8 52,562.001 8 e - N $1,840.00 8 8 o N N 1 $219,124.87 UNIT PRICE I N o N n tn N 0 N N 00 rym b N N 0 N 0 04 N m ^ mN p00 IA N 00 co p 10 N 00 o N N Ire Pe N 5858.60 TOTAL PRICE o N ni N $112,800.00 p 8 N N I88 m N 88 O N 88 OI N p 88 10 p 8 17 52,220.00 52,830.00 8 8 N O 8 8 N N Christensen IM 3505 Cadillac Costa Mesa UNIT PRICE 0 N 8 N 00, N 8 N °o, O 88 Ol 0 8 0 N °0 o N py N y m8 m N 8 N M I0p in ID N MId- America Golf & Landscape I 1621 SE Summit Ave. Lee's Summit, MO 84081 TOTAL r PRICE o N [N1 M 0O N O n N O O CO p 0 10 0 1- N 0 O 100 0m C1 N S VI O N 0 O WN N 0 Om N N 0 N N N 51,625.00 $ m N 0 N d N 1 5203,443.00 UNIT PRICE °r YI N m N m OO pe N OO 0 N 0 pC 11I C0 N 518,425.00 °O mN 0 OO N 8 {my N N 00 IM1 10 N 00 N N MI mN GOLF COURSE IMPROVEMENTS (EXISTING COURSES) OSO BEACH IRRIGATION IMPROVEMENTS PROJECT NO. 3397 DESCRIPTION E PIPE p Y 115 ` a 8 Q. 2 F U to- S 8 m Z. m E mainline pipe CL 200 - 8", complete In place per linear fool mainline pipe CL 200 - 10 ". complete in place per linear fcoll 3 c a m a c 2 m a ¢ V %1 0 Z. m E E 2 8 n c m o u p m pS 6 O rap 'n E 2 n m 8 N C § - C E mainline gate valves - 8", complete in place per each $ u 0 8 m a s S 2 2 a CO E mainline gate valves - 10 ", complete in place per each mainline gate valves - 12 ", complete In place per each air release valves, complete in place per each flushing drain valves, complete in place per each I - D12) ~ ? a J 11 J U J LL J co J N J 6 W < W Q W < W a < W O PART D. MAINLIN ° F g m m 0 m m 9 N m 2 o 0 o s o 1IOE= ° O 0 - 0 N 0 EXHIBIT "D" Pane 5 of 16 aenc.n a Ca , c; abnaex Golf Works, Inc. 3660 Stone Ridge Road, F102 Austin, TX 78746 TOTAL PRICE 0 0 0 b « o co o a $ GO m ON S S M 8 0 N O N O p < 8 N o o 0 m N N S N . N S « S 8O N M 8 IoO $251,596.501 UNIT PRICE 0 W « S r M $12.25 m a M S OO N S S N N S N y S N N O N N « S 6 N N 6 D IP . o 1I1 el United Golf, LLC 11 East 5th Street, Suite 500 Tulsa, OK 74103 TOTAL PRICE O YOOI 0 R S y OI « S 0 N S 0 n- m $36,000.00 0 6 o M 54,736.00 8 0P N S o o » S n 1- N 0 4 0 N S m M S a 0 b N UNIT L PRICE 0 CO » S 0 1,-, O CO N �y� « S S 8 10 .- M 0 N N S Oml » 0 ISO » 0 'NN- S fN0 » S I«. « United, GLL Inc. 44-907 Golf Center Parkway Indio, CA 92201 TOTAL PRICE p I(1 r: I� h N to S pi 0 gO Ih N N O a N 49 co N n 6 N 0 Di co N INO ^3 N O o N m n « 0 m N co w a y n r. « A o m N N UNIT PRICE 0) N N 6 N O) N q- y co N IN. CD N 001 N CD p O O) 1. » O 6 0 I» b 0 A « 00 O) » p �(0 O 10 « p N N 49 SE IMPROVEMENTS (EXISTING COURSES) 'EACH IRRIGATION IMPROVEMENTS PROJECT NO. 3397 DESCRIPTION NE PIPE mainline pipe CL 200 - 6', complete In place per linear foot mainline pipe CL 200 - 8', complete in place per linear foot mainline pipe CL 200 - 10", complete In place per linear fool mainline pipe CL 200 - 12', complete In place per linear fool all canal crossings (6" & 6 "), complete In place per lump sum E N E v rt a c 9 u E 8 ur C c C mainline gate valves - 6 ", complete in place per each c v 4 C $ mq 9 y C E mainline gate valves - 10 ", complete In place per each mainline gate valves - 12', complete in place per each 0 0 n � m E d u m 0 0 gushing drain valves, complete in place per each N a O f C ° F a. ti F J J J J CO J W 6 W W Qq W W O (PART D. MAINLI C p m m N m N O O O 0 O O O O `O 0 O -109- EXHIBIT "D" Page 6 of 16 |§ Of lc; }) re re en o a. 8 0 uj w 0 Lu k Soma Golf 7353 5. Eagle Street Centennial, CO 80112 TOTAL PRICE °a@ § ! § ! # ! 5133,500.00 #@ 0 4, 2 § §k ' 04 49 51,019.902.00 5126,800.00 0 ) ° ) ■ § 5133,500.00 ■ 2 TOTAL PRICE 535,000.00 525.000.00 @ ° 888 # E / - § g •88 §£ k &!&2 ### 51,004,978.00 5109.000.00 5895.978.00 Fleming Bn 11403 Norris Shreveport UNIT PRICE 535,000.00 525,000.00 H 55,000.00 „ §■ k E 525,000.00 k ■ ° k & 8 ® , # ; 88 ## e§ 5136,970.00 5275,565.00 560,000.00 888 ( ## ■4444 Christensen Irri 3505 Cadillac Costa Mesa UNIT PRICE ` e § CO la ; § N la 5130,000.00 § MldAmedca Golf & Landscape 1621 SE Summit Ave. Lee's Summit, MO 64081 TOTAL PRICE 535,000.00 | % | ■ / k ! ) ® k 520,895.001 5134,517.00 3203,443.00 560,000.00 0NN ilk ■2 535,000.00 325,000.00 4- k GOLF COURSE IMPROVEMENTS (EXISTING COURSES) 050 BEACH IRRIGATION IMPROVEMENTS PROJECT NO. 3397 DESCRIPTION tMS allowance for pump station modifications per spedfications, complete In place per lump sum {1. 7 & | || •. |! # w § k ERNATE (HOLES 15,18,17,18 TEE) deduct for all irrigation work on holes 15, 16, 17. 18 tee area as shown on plans, complete In place per lump sum |[ t! 8I {i - { !! i - F21 . I1 ® 0 in ITAtal Part A Item Al Tnlal Part B hams Bl - B13 §0¥ � kkF :; §_ ik k § — _ TOTAL BASE BID - RAIN BIRD (Parts A, B. C, D, E) TOTAL PART F - DEDUCTIVE ALTERNATE - RAIN BIRD TOTAL BASE BID LESS DEDUCTIVE ALTERNATE - RAIN BIRD \ : & ALLOWS I e- r. r. `- |EXHIBIT " | Page 7of 16 | k 8 co cc 0 0 to ti o co r• e 0 - • k K • 2 j ! |! /: be P. \ IP Goff Works, Inc. 3660 Stone Ridge Road, F102 Austin, TX 76746 TOTAL PRICE m § ! 8 § 2 ■ # ■ 5124,000.00 0 ( g ' 0 # ! 888 #k! !|i I 5251,596.50 1 560,000.00 888 08 74 0 \ �a | & k iry , 5124,000.00 \ United Golf, LLC 11 East 5th Street, Suite 500 Tulsa, ON 74103 TOTAL PRICE 535,000.00 00 § . @a0 } 0 6 z ! 00 )§ ! 5210,188.00] 5267,043.001 560,000.00 8 ( 5130,000.00 001C0'L90'LS UNIT PRICE @ § 525,000.00 # F.I. 0 United, GLI, Inc 44-907 Goff Center Parkway Indio, CA 92201 TOTAL PRICE ° \ .2■ 0 k a k E # -. a # \9 `,- 5269,061.77 560.000,00 # 51,009,972.27 1 UNIT PRICE # 8 @ 8 ) e ] = GOLF COURSE IMPROVEMENTS (EXISTING COURSES) OSO BEACH IRRIGATION IMPROVEMENTS PROJECT NO. 3397 DESCRIPTION IPART E. ALLOWANCE TERMS -- -� allowance for pump station modifications per specifications. complete in place per lump sum / 8 $ ) }} kkk (TOTAL PART E (ITEMS El • E2) ERNATE (HOLES 15,16, 17, 18 TEE) (deduct for all irrigation work on holes 15. 16, 17, 18 tee ';area as shown on plans, complete In place per lump sum 2 2| #E {/ {\ (TOTAL PART E (ITEMS Ft - F2) TOTALS BASE BID - RAIN BIRD Total Part A Item Al !Total Pad B Items B1 - B13 Total Part C Items C1 - C11 Total Part D Items 01 - D12 Total Part E Items El - E2 _ 'TOTAL BASE BID - RAIN BIRD (Parts A, B, C, D, E) TOTAL PART F - DEDUCTIVE ALTERNATE - RAIN BIRD (TOTAL BASE BID LESS DEDUCTIVE ALTERNATE - RAIN BIRO PART F. DEDUCTIVE ALT co co t co w I§ ..- - . . w 01 ILI It LT E IT . Ir � e q , 10 0 0 0 Oh CV ag K) re 0. CC 0 [ 10 5 IL 0 0 LU CC 0. 0 Sema Golf 7353 S. Eagle Street Centennial, CO 80112 TOTAL PRICE 372.617.75 r tib ea ■ § .0 e | 6. ° k 337,665.00 ■ @ . s . ■ - @ # . @ ° f 0 % e ° ( e f ° k ! UNIT PRICE \ q q q 2 ! e 326.25 5325.00 " § ) a | TOTAL PRICE k g / ° \ :i.; \ @ * & ■ 4 q = § ° f 32.442.00 8 | ° \ r ® s K \ ■ # § Fleming Br, 11403 Norris I Shrevepod UNIT I PRICE w . - 3221.34 - g , - m - n - m■!@ - eq. , d ; g#° & k # ( Christensen Irrigation Co., Inc. 3505 Cadillac Ave. #0.2068 Costa Mesa, CA 92626 TOTAL PRICE o o L6 525,500.00 ° - ° 2# k 557,195.00 e § & 340,230.00 $1,120.00 51,300.00 ! k 7 k& a F @ ® k=! # # ° k UNIT PRICE s ) 8 ! a§ ! # @ § k k ° 520.00 ° \ ak t } ■° 5 Mid -America Golf & Landscape 1621 SE Summit Ave. Lee's Summit, MO 64081 TOTAL PRICE 0 0 ui k k ■ 0 8 § k| 2 & 8 ) 0 [ 330,843.00 [ 31,420.00 5112,970.00 | N N§ 0 ( UNIT r PRICE t 0 fis s # 0, 10 04 0 10 cv 10 ! . § . 523.00 528.00 a 10 .- r51,250.00 ■ & 5 4 GOLF COURSE IMPROVEMENTS (EXISTING COURSES) 050 BEACH IRRIGATION IMPROVEMENTS PROJECT NO. 3397 DESCRIPTION )EMOBILIZATION Mobilization&DemobilW6on which includes but is not limited to bonds, Insurance, construction fencing, removal of tempony ramps, and all other Items required to complete the work but not covered by other specific bld items, complete and in place, per Lump Sum. 2! E ��/ 0< N's ANDOCV's (full drde sprinkler OT34- 46 -33 -8 -DLE, complete in place per each 'pad drde sprinkler DT35- 46-34- 8-DLE. complete in place per each fufi ckde sprinkler DT35- 46 -31 -6 -DLE, complete in place per each 'pad drde sprinkler 0735-46- 31- 6-OLE, complete In place per each 'quick coupling valve #474.04, complete In place per each swing joints -1 1l4" (CASCO), complete in place per each awing joints (OCV) -1" (LASCO), complete In place per each { 2 1. } ` a. -w lateral pipe - 2" SCH 40 PVC, complete In place per linear fool 'lateral fittings. complete In place per lump sum 'lateral tsdation valves wtbos, complete in place per each I 8 2 |! {(|f kk , 1 0 ■. 1 {| ik k� R| ITEMS 111 - B13) MI < a Lu w! !, —I —I MOBILE 1 } \ \ \ \ / \ \ r 01 «= , ; ; ; EXHIBIT ' . cinaulccn n¢: a1t1t Ds Golf Works, Inc. 3660 Stone Ridge Road, F102 Austin, TX 78746 TOTAL PRICP 535,000.00 UU uuoses 1 8 'NN 40 N 0 g - N 0 N N p 571,145.00 °0 °a N 8 1 M 8 ry N Q8 8 N 88 a r N 8 8 8 m 0 S 0 CO 8 8 N N 88, a 0 0 h Z W 0 6 535,000.00 8 UI N 8 YI N 8 IN N 8 N 01 8 ' N 8 6 y 8 o N 8$ O 10 514,500.00 I 8 N YI 8 8 i 8 p N N I United Golf, LLC 11 East 5th Street, Suite 500 Tulsa, OK 74103 I TOTAL PRICE 8 °o 0 M $ ° 0 N 8 $ 0 ` N 8 0 y 8 I°o N N 8 0 CI N 8 O N 8 10Nn N 52,800.00 8 °n 10 N 8 $ N 511.580.001 8 po N N 8 d 8 N 8 o S p 88 e $$D N 49 UNIT PRICE 0 8 8 0 N 0 8 N 8 N t69 0 O61 » 5220.00 8 49 88 N 8 N 8 11 N 8 N 88 N N 8 m p 567.000.00 I 0 ° 0 y GLI, Inc. enter Parkway A 92201 I TOTAL PRICE $73.416.00 O$ co a N N °n 0 tor 5114.328.40 N m. N 0 a 17 N p N CO In N N n_ CLI N 51,841.28 O 0. N p 0 a 0 4' 100 e$ co y N a N N ID n 0 I4 ID en N N N n co N y UNIT PRICE 0 d y (p 01 N 5248.54 co N .-- co N N ° N N N m (O N el CO N 01 N 0 01 N Ip CO y r 0 S 49 p E N N SE IMPROVEMENTS (EXISTING COURSES) (EACH IRRIGATION IMPROVEMENTS PROJECT NO. 3397 DESCRIPTION IBASE BID - TORO DEMOBILIZATION Mobilization/Demobilization which includes but is not limited to bonds, insurance, construction fencing, removal of lempony ramps. and all other items required to complete the work but not covered by other specific bid items, complete and In place, per Lump Sum. TOTAL PART A (ITEM Al) (PART B. SPRINKLERS, RCV's AND OCV's full drde sprinkler DT3446 -33 -8 -DLE, complete in place per each pan circle sprinkler DT35- 46.34 -8-DLE, complete In place per each full drde sprinkler DT35- 46- 31- 6-DLE, complete in place per each part drde sprinkler DT3546 -31 -6 -DLE, complete.in place per each quick coupling valve #474 -04, complete in place per each swing joints - 1 1/4' (LASCO), complete in place per each swing joints (OCV) - 1" (LASCO), complete in place per each 1 1/2" P220 -27 RCV *Wilkins valve. complete in place per each lateral pipe - 2' SCH 40 PVC, complete in place per linear loot 01 E c 8 n Q. a E C ¢ A 2 N d 2c. 5 m E 8 e 3 y o a A 2 24 volt wire and wire splices, as required In the plans and 1 spedfcations, complete In place per lump sum all cartpath, roadways or maintenance path aossings, concrete or asphalt. complete in place per lump sum TOTAL PART 13 (ITEMS 131 - 813) 0 J Q W Q W Q W Q W Q W Q W Q W Q W LL J 0 J Q W N J CO J Q W r a N O N p N N 8 Y1 n r N r r IPART A. Q 0 m 01 • 0 0 m co 0 0 m r m N re- N m -113- EXHIBIT "D" I Page 10 of 16 N N a 0 U u. ❑ F 0 to a ❑ 2 ❑ W 5 ❑ Z mC Q W rw Z Z ❑ z w 2 r a D. w N to S 0 C S sC E° —c 6$ N � Cj F zo in U 50 F Sema Golf 7353 5. Eagle Street Centennial, CO 80112 r TOTAL PRICE $ N N $ O m N {$p N [7 N o N N N w 320.500.00 8 N < N 523,000.00 88 IO N O 88 1D N 0 °O m 10 M N N O OI N N UNIT PRICE 0 0, ° w q N °0, n g 8 O Nw g ci N O » S 0 p 8i b N M 10 N b N Fleming Brothers, Inc. 11403 Norris Ferny Road Shreveport, LA 71108 TOTAL PRICE yA w 'gin N M m N qp 8 N V N Opp 01 N py$ 10 r q D N N 0 w o N 10 N M O N N 1 °'1 A N M UNIT PRICE ��a N w e 8 w m el w n w (8 CC: Oi � N p8 fp N ry$ m N 8 8 mi INO w 58,954.06 TOTAL PRICE $$ a8i n N 0 t9 N 0 °° w 8 N w 8 N w 520,000.00 529,300.00 8 8 w 8 C w 0 r 8 N Christensen Ini 3505 Cadillac Costa Mesa UNIT PRICE °o N N 0 q ° N °O 17 w 8 8 N N $ N N 8 m N $ 8 b M 88 N TOTAL PRICE O O 11' N 512.782.00 S O re 0) w $ O N .- 'O N N N 01 w 0 O O ' w m N 002 N p O O w 0 y fll w 57,078.00 O 0 b N Mid - America Gt 1621 SE Sr Lee's Summ W -a a ' a 5215.00 $ e $ °o r N 00 n N N 8 v p °0 m N H 8 8 8 1E IMPROVEMENTS (EXISTING COURSES) EACH IRRIGATION IMPROVEMENTS PROJECT NO. 3397 DESCRIPTION i DEC -ISP4 decoder, complete In place per each DEC -ISP -2 decoder. complete in place per each DEC -ISP -1 decoder, complete in place per each ' Idecoder valve box, complete In place per each grounding grid(s) as required by Toro, complete in place per lump sum 0 A nE 0 c m E cS .E.., g N C it i a 50 3 0g site pro network GDC computer w /extra decoder gateway, complete In place per lump sum 5-year NSN, complete in place per lump sum hand held radios, chargers and pads, complete In place per lump sum I(1) prism with VOX adapter and data transfer, complete in place per lump sum ITOTAL PART C (ITEMS C1 - C10) W W W W co J J J J J cm I PART C. CONTRC b ,t; N 8 A N r r r �- r r o 8 3 6 0 ES, 14 E u EXHIBIT "D" 0 0 J w 0 0 0 0. O E LL Z c -Q Q �q J 2 CO CC W 0 Z w 0 0 F- • M cn W z o ▪ s$ e C W O y• " m q � CJ L O 5 F f7 J O = W CO I- ▪ F Golf Works, Inc. IpI 3660 Stone Ridge Road, F102 Austin, TX 78746 1p r TOTAL PRICE 8 1O N y 527,720.00 0 0 O N 0 A N N 8 O y 8 0 1(1 q N p 8 S O 0. ON M I S o � N y a M p0 01 p 0 vi e. N UNIT PRICE 5410.00 8 M 8 N 0 N 8q f- N 0 N q w pN p0 m 80 N 0 w 56,900.00 United Golf, LLC 11 East 5th Street, Suite 500 Tulsa, OK 74103 TOTAL PRICE 'V o M. p N w 513,860.00 56,300.00 0 8 N N 57,616.00 8 00 O N Q pd 3 w 0 8 N N N '. S 0 '.O `. N. N 17 N 5244,141.00 1 UNIT PRICE O m N w O 0 N 5100.00 O b M p O ° q M pp0 O re N 560,000.00 p 0 517,000.001 8O United, GLI, Inc. 44-907 Golf Center Parkway India, CA 92201 TOTAL PRICE 1°n p N N at N N re f0O M n CO m w N N p N N 0 I't Q w o Ih a w �i O m N °m 11' n N a H e N n co r UNIT PRICE KO 0 r N 1.0 WG N {'o N OO M IV N N N N CO a 0 N o et CT IN N N m$ 01 O N - 1! �N -m N °a A 10 N SE IMPROVEMENTS (EXISTING COURSES) EACH IRRIGATION IMPROVEMENTS PROJECT N0.3397 . DESCRIPTION DEC -ISP -4 decoder, complete in place per each DEC -ISP -2 decoder, complete In place per each DEC -ISP -1 decoder, complete In place per each decoder vavle box, complete in place per each grounding grid(s) as required by Toro, complete in place per lump sum Install Toro comm. Cable #14 -2, as required in me plans and specifications, complete in place per lump sum site pro network GDC computer w /extra decoder gateway. complete In place per lump sum 5-year NSN, complete in place per lump sum n ODi1 ix to 1E it :$ 9 IC 1m OE OE e q 16 2 n q (1) prism with VOX adapter and data transfer, complete in place per lump sum [TOTAL PART C (ITEMS C1 - C10) 1_ q Z = q J ^ W W W W J J J co J Q PART C. CONTRC m N n m q in N 1 it U 0 0 ° U U 0 U U p —115 —` EXHIBIT "D" Paae 12 of 16 tMUIf'ICCKb ti I MA t: 31,212,259 Sema 7353 S. Eagle le Street Centennial, CO 80112 TOTAL PRIr'F '9 co Y1 N pmo W 1! 4, 0 O r 0 ' 0 o5 O N 8 o 0 m N o pO O .4 N o O N 6 N °0 N N N N 00 8 N - .... o°Om N p S O N 0o O N Yi O 1@p UNIT PRICE (00 y 0 O N ppp c 4 N O OI N S O S Np S g O 17 O YI 5650.00 o n O OO IN. N N N N N N Fleming Brothers, Inc. 11403 Norris Ferry Road Shreveport, LA 71106 r TOTAL PRICE 9 m v, m cn N OS 0 co y o N ° 1l n a r N S 521,830.00 O S 4 S 51,608.001 8 O 8 N M 2 e ai N N UNIT PRICE 55.31 O N r N z.-, O S mm b V H 521,830.00 5537.38 yO I(] 0 N S O O N pO 0 N 5761.25 I Ip Christensen Irrigation Co., Inc. 3505 Cadillac Ave. 00 -206B Costa Mesa, CA 92626 TOTAL PRICE O O 0 h p S O 0 N N S O R ' N S O ffi ^ p 530,000.00 510,820.00 O g co S N 0 p 52,125.00 O N 54,320.00 I S N S N S N Y A N UNIT PRICE 9 O w 9 N w 9 9 a w 0 O) w y 510,820.00 o N �Np M $ I(1 fV N 00, Ill N S N S O Ill N S N TOTAL PRICE 8 N o A O W O b 0 N S N. W N p O O uO 0 M 518,425.00 S N N S WN NN C p S D N WID 0 N p S ^V VVV E N Mid - America GI 1621 SE S. Lees Summ UNIT PRICE I°. w w m °° N N 8 S N N 9 N N O o w °o N p N °° °O w S N N w 51,625.00 °O m N N 5685.00 SE IMPROVEMENTS (EXISTING COURSES) EACH IRRIGATION IMPROVEMENTS PROJECT NO. 3397 DESCRIPTION mainline pipe CL 200 6', complete In place per linear fool mainline pipe CL 200 - 8 ", complete in place per linear fool mainline pipe CL 200 - 10', complete in place per linear foot mainline pipe CL 200 - 12'. complete in place per linear foot E a E. 3 ° L d 1 € tl .8 to 5 N Z$ To p To m (!mainline fittings, complete in place per lump sum mainline gate valves - 6", complete In place per each .5 m k N 2 d 6 > i m C E mainline gate valves - 10 ", complete In place per each I mainline gale valves - 12', complete in place per each air release valves - 12 ". complete In place per each and 6 8 a " .2 m 8 a i i L o S r co c (TOTAL PART D (ITEMS 01 - 012) t Z ° O. W 0- J J J J u. J J W W Q W a W Q W W 4 Q 0 N N r 0 < 03 G - '- O 0 - - 0 IA +2" C (PART D. o O 0 O 0 CO r 0 y96— 0 o o 0 EXHIBIT "D" co 0 N J d ce 0 0 LL 0 F 100 m LL W 05 zm O W a0 Z 0 z rc I-w z z W 0 n z ii I ce r 0) 4 a e c W "o 0 V 0 T Ea q s8 e a 3g N " E m w LLu J W m W t•� Golf Works, Inc. 3680 Stone Ridge Road, F102 Austin, TX 78748 TOTAL 7 PRICE o I.. y o 0 0 VI $ 0 W 00p O y 0 N 514,500.00 $ N M 52.955.001 $ N N S CO N $ 0 N 8 ((00 N q wp N H w UNIT PRICE H z N $12.25 N a 0 N p° IA ° w y w qN 00 N w $ 0 N w $ 0 M $ 0 N United Golf, LLC 11 East 5th Street, Suite 500 Tulsa, OK 74103 TOTAL PRICE 543,500.00 O y G) N S m N S m N S b N N 0 1) C N 55,040.00 p$ (O N $ m N 52,450.00 57,200.00 S n. H p O N N N W t V E it $ 6' $ w $ r $ w $ w 8 • w 8 w $g w $ 0 w $2.450.01 p 0) $ a to w United, GLI, Inc. 44 -907 Golf Center Parkway Indio, CA 92201 TOTAL PRICE 0 O 00) 0, 10 w 0 O O 10 0) N 0 Om O (0 M $ (0 0 < N 1 N 1° 01. 1� (0 N V) 0 0 0 w m ° N. N (0 N ° ° CO of N N n N b T N N w $4,449.68 O ° y A CI N N Z. ° N 1" ID M UNIT PRICE NN N N 69 0 M 0 N N 528.24 N II N 0 w 526,170.55 O m N CO y0 o » N n IN » O N N N N 0 N (0V 0 N GOLF COURSE IMPROVEMENTS (EXISTING COURSES) 050 BEACH IRRIGATION IMPROVEMENTS PROJECT NO. 3397 DESCRIPTION 6 p W mainline pipe CL 200 - 6 ", complete In place per linear foot mainline pipe CL 200 - 8 ", complete in place per linear fool mainline pipe CL 200 - 10 ", complete in place per linear foot mainline pipe CL 200 - 12', complete in place per linear foot O. E o. $ 0. 0 s 2 Em 8 m Iv to C N GG c N 0 mainline fittings. complete In place per lump sum mainline gate valves - 6", complete in place per each mainline gate valves - 8 ", complete in place per each lmainline gate valves - 10', complete M place per each 8 n Y 8 g c £ 2 E 8 W d d t lair release valves - 12 ", complete in place per each Ilflushing drain valves, complete In place per each TOTAL PART D (ITEMS D1 - 012) LL 1 J LL LL N 0 Q Q Q W Q W (PART D. MAINLIN O 8- Of 8 O co II o o 0 °0 0 0 0 0 0 oo o o —117— IEXHIBIT "D" I Page 14 of 16 N Ft- 0 N J 0 0 0 O 00U mW LL i Z OW 550 J Z m Ft Q W f W Z 0 Z 0 1- z W E K W O 8 E n Z 41 C w "0 • " E o C • C E o 0 N 1 xF 0 ▪ 0 F O 5 m g Golf Igle Street , CO 80112 W sa F y 0 °O o N 00 00 0 in N 00 00 0 o M p °o O 110 m(0 » aS O 1 5123,800.00 1 r- G. m N N. $485.868.50 5153,908.25 Vi 0m a 0) N °O o N 51,041.875.00 5123,800.00 8 n 0 m N„ UNIT PRICE 535.000.00 525,000.00 $ S m on » p O 8 r r Fleming Brothers, Inc. 11403 Nonis Ferry Road Shreveport, LA 71106 TOTAL PRICE 88 0 O 0 N y o 0 a S 0 - » OS 0 M o S S S 0 t 10 1p p N m 109 N f. S » 5219,121.841 00'000'09S S S N O O S »» N ym0 N E 0 UNIT PRICE 535,000.00 525,000.00 S S a » S S h Christensen Irrigation Co., Inc. 3505 Cadillac Ave. 00 -2068 Costa Mesa, CA 92826 TOTAL PRICE 535,000.00 525,000.00 00 S S N 00 8 10'1 M °o oo 109 » 000 n N M* °000 0 100 S n N S N $$ gp§ c,..; » 0) N UNIT PRICE 535,000.00 525.000.00 S S O o Mid- America Golf & Landscape 1621 SE Summit Ave. Lee's Summit, MO 64081 TOTAL PRICE S O S O H w S O 0 0 N pN O 0' r N p O N 0 ~' 8 S {04 0 N Om1 N S S N0 S �mNO 0) NI N 0 N a 5203,443.00 1 S �p0p N 5995,576.00 577,825.00 O N 1-. 01 N UNIT PRICE 00 g °og E N N 19 N N N S gr r m N 00 tn 0) O N GOLF COURSE IMPROVEMENTS (EXISTING COURSES) OSO BEACH IRRIGATION IMPROVEMENTS PROJECT NO. 3397 o L 0 11.1 0 o g Q C U m 6 R n m 8 C F qO = U $ E E E €E w? N o ° E U n 8 '8 4 13 'J E C gmgi .2 1 1 i H V N Tx !TOTAL PART E (ITEMS El • E2) ERNATE (HOLES 15,18,17,18 TEE) deduct for all Irrigation work an holes 15, 18, 17, 18 tee area as shown on plans, complete in place per lump sum repair, replace or modify existing system so as to be futy operational, complete In place per lump sum IIOTAL PART E (ITEMS Fl - F2) 1 TALS BASE BID - TORO otal Part A Item Al 'Total Pad B Items B1 - 813 Total Part C Items Cl - C10._ (Total Pan D Items D1 - 012 (Total Part E Items E1 - E2 _ (TOTAL BASE 810 - TORO (Parts A. B. C. D, E) TOTAL PART F - DEDUCTIVE ALTERNATE - TORO TOTAL BASE BID LESS DEDUCTIVE ALTERNATE - TORO ~ J ? (PART E. ALLOWANCE TE N co J J RMS !PART F. DEDUCTIVE ALT N J N -1 a W W W li LL EXHIBIT "D" Page 15 of 16 U N n re 0 U O h co O mW LL CC Z0 CC O W F N J Z mC W 5 W O z W re a 0 DATE: December 3, 2008 L V in C c° 5 L E c t c E w 1$ N ▪ F m u o p 5 ▪ W ▪ 1- F F `.- V•••��'Golf Works, Inc. 3660 Stone Ridge Road, F102 Austin, TX 78746 TOTAL PRICE o o° 0 N o o ° 0 h 0 o° o M 0 ° g a °O °o ° 4. - o° O f� N^ o$ $a id N N °O A N ick X4�p0 tli$ N o 4 N 8$� 0 N N °o N Yi pp N N UNIT PRICE O O Np0 O O O N O 8O O N O 8O pO ON Untted Golf, LLC 11 East 5th Street, Suite 500 Tulsa, OK 74103 TOTAL PRICE S N O p O N S p 8 S N S S N N N ....5558,690.00 1 yN w w $ O o M po w S O O N UNIT PRICE 535,000.00 $ S O t o N N S S o O V N $ GLI, Inc. enter Parkway A 92201 ' TOTAL PRICE 535,000.00 $ g N N °o O 8 6 w 5146,300.00 °O N N 49 °O N N 14 „ °° b O n 101 01 CO re 1� CD ICI N 1p7 N 5267,214.42 1 °o S O app M 51,128,717.74 $ ° a 1- 1-O ;1! b w UNIT PRICE S 0 ° N 01 w S 0 O N N w S °n tO w $ b .F COURSE IMPROVEMENTS (EXISTING COURSES) 050 BEACH IRRIGATION IMPROVEMENTS r PROJECT NO. 3397 DESCRIPTION *AS Ci E 6 I In S N c ° 8 1_ N 0 E a CI. o En Fm G ToE 8 allowance for mix drainage modifications, complete in place per lump sum (TOTAL PART E (ITEMS E1 - E2) ALT! (HOLES 15, 16, 17,18 TEE) deduct for all Irrigation work on holes 15, 16, 17, 18 tee area as shown on plans, complete in place per lump sum T a N = E n = E E. 2 _8 F m n 2 c E n EE R v C o° 'TOTAL PART E (ITEMS F1 - F2) TOTALS BASE BID -TORO Total Part A Item Al 'Total Part B Items B1 -B13 Total Part C Items C1 - C10 'Total Pan D Items D1 - D12 'Total Part E Items El - E2 TOTAL BASE BID - RAIN BIRD (Parts A.13, C, D, E) (TOTAL PART F - DEDUCTIVE ALTERNATE - TORO (TOTAL BASE BID LESS DEDUCTIVE ALTERNATE - TORO IPART E. ALLOWANCE TEI V1 J N J F. DEDUCTIVE AL N J N -J r W W LL e. LL —119— EXHIBIT "0" Page 16 of 16 H:\Home\Mproject\Councilexh\exh3397.dwg CORPUS CHRIS?! BAN PROJECT LOCATION (OSO BEACH MUNICIPAL GOLF COURSE) PROJECT NO. 3397 LOCATION MAP NOT TO SCALE EXHIBIT "E" GOLF COURSE IMPROVEMENTS (EXISTING COURSES) BOND 2004 - OSO BEACH GOLF COURSE IMPROVEMENTS 'IQ- CITY COUNCIL. EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12/04/2008 WSW 8 AGENDA MEMORANDUM DATE: January 13, 2009 SUBJECT: Cefe Valenzuela Disposal Cell 4B, Leachate system & Storm Water Pond #1 Project No. 5240 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Longhorn Excavators, Inc. of Richmond, Texas, in the amount of $1,923,805.50 for construction of Cefe F. Valenzuela Landfill Sector 4B Liner & Leachate Collection System & Storm Water Pond No. 1. (Project# 5260) ISSUE: It is necessary to proceed with the construction of the next disposal cell so it will be available to receive waste. FUNDING: Funds are available from the Sanitary Landfill CIP Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. Pete Anaya, P.E. Director - Engineering Services F9 fL y� / &" —, tQ n c<4,' ch,czyr�C Lawrence MUsblajczyk Director of Solid Waste Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit "C" Location Map H: W OMECEVINS \G EMLAN DFI LL\ ValenzuelaCe114BWwdConstrMemo .doc —123— ADDITIONAL INFORMATION SUBJECT: Cefe Valenzuela Disposal Cell 4B — Project No. 5260 PROJECT DESCRIPTION: The project provides for the finish excavation of Disposal Cell 4B, leachate collection system and storm water detention Pond No. 1. The project includes the preparation of sub - grade, compacted clay liner, leachate collection and conveyance system, groundwater collection underdrain, installation of geo- synthetic liner and drain layer components, installation of leachate collection system, dewatering controls, construction of the drainage control structures, and construction of storm water detention Pond No. 1. BACKGROUND: Disposal Cell 4B was originally scheduled to be constructed at the same time as Disposal Cell 4A. The project was divided into two separate construction contracts to expedite design of Cell 4A and ensure Cell 4A would be available to place waste when Disposal Cell 3 reached capacity. Cell 4A was placed into service in November 2008. The timely completion of disposal cells is required to ensure the City and region can efficiently continue waste disposal at the least possible cost. BID INFORMATION: The project was bid as a base bid. The contract provides for the project to be completed in 100 calendar days after the notice to proceed. Liquidated damages are set at $1,500.00 per day. A total of three (3) proposals were received and opened on December 13, 2008, with proposals ranging from $1,923,805.50 to $2,870,352.50 (see Exhibit B - Bid Tabulation). Longhorn Excavators, Inc. submitted the low bid. The engineer's estimate was $2,622,000.00. BID RECOMMENDATION: Longhorn Excavators is an established company whose principals and employees are experienced with landfill projects of this nature, having successfully completed similar projects for the City of Corpus Christi and others. After reviewing the company's capabilities, the City's consultant Chiang, Patel & Yerby, Inc., and City staff recommend that the contract be awarded to Longhorn Excavators to in the total amount of $1,923,805.50. CONTRACT TERMS: The contract specifies that the project will be completed in 100 calendar days. Notice to proceed is anticipated during February 2009 with completion early summer 2009. Exhibit °A' Page 1 of 2 H:WOME\KEVINSIGEN\ LANDFILL \ValenzuelaCeII4BWwdConstrBk ExhA.doc —12Q4— Longhorn Excavators L. D. Kemp Excavating Austin Engineering Base Bid $1,923,805.50 $2,218,060.50 $2,870,805.50 BID RECOMMENDATION: Longhorn Excavators is an established company whose principals and employees are experienced with landfill projects of this nature, having successfully completed similar projects for the City of Corpus Christi and others. After reviewing the company's capabilities, the City's consultant Chiang, Patel & Yerby, Inc., and City staff recommend that the contract be awarded to Longhorn Excavators to in the total amount of $1,923,805.50. CONTRACT TERMS: The contract specifies that the project will be completed in 100 calendar days. Notice to proceed is anticipated during February 2009 with completion early summer 2009. Exhibit °A' Page 1 of 2 H:WOME\KEVINSIGEN\ LANDFILL \ValenzuelaCeII4BWwdConstrBk ExhA.doc —12Q4— FUTURE COUNCIL ACTION: • Award of any necessary change orders; • Design and construction of future disposal cells. FUNDING: Funding is available from the Sanitary Landfill CIP Budget. HA HOMEWEVINMGENVANDFILL WalenzuelaCe11413V+wdCon ;13 ZPZA.doc Exhibit "A" Page 2 of 2 ww 0 wwr o2 • [ } .1 94(!; a :52 !||� i ' ' 888 -v• $ 313,500.00 $ 243,400.00 $ 101,375.00 $ 280,147.00 8888 # .-ER gag I5 $ 7,780.00 437,450.00 XXXX4. (4 ;§r . Unit Price $ 113,575.00 / ...... 114 X $ 4.62 3.94 / .. 5 38.90 5.70 $ 9,450.00 $ 22,250.00 888 .. L.D. Kemp Excavating. Inc., 5409 8888888888■ | (1EF! `!\ U r �!!#k ■•■4I +' rr $ 20,000.00 $ 176,625.00 $ 10,200.00 $ 10,000.00 $ 1,000.00 $ 147,600.00 S 4,440.00 Unit Price $ 200,000.00 § § \4ui48 `888/88.. �|)! IS 4.00 Longhorn Excavators, Inc. 8653 FM f Amount $ 54,300.00 8888on #■ len #! #r $ 75,411.001 $ 366,300.00 w!u!f# -. . "888 $ 270.00 $ 27,000.00 $ 8,325.00 cL 22, aF, . g - §!§.g r4.4 IS 15,000.00 $ 6,900.00_ .! CEFE F. VALENZUELA LANDFILL SECTOR 4B LINER & LEACHATE COLLECTION SYSTEM & POND NO. 1 f I, CY SY 0, LF SY „ &oo 'n; 1 LS LS LF LS ! ! ��!!K , �....,.� #K$ #!k :. 78,500 .� 06 Description Mobilization and Demobilization Complete Excavation of 540100' 4B Suborade Preparation of Sector 4B | I : ` .4 !! `1 || £! Groundwater underdrains, 6" slotted HDPE pipe & drainage media 60 mil Smooth HDPE Geomembrane liner Installation 60 mil Textured HOPE Geomembrane liner Installation Geocomooshe Drain Laver installation . ! I ;| |! (\ ;! zx Optional Perimeter Access Road Pavement replacement Construction of POND 1 Excavation Construction of POND 1 Grouted Riprap and 24" RCP Storm Water Pollution Prevention Plan Trench Safety Well Polntina or Approved Alternate Method Extend RSIR Channel to POND No. 1 12 13 14 16 ;§ )k VI 0 § -126- \Mproject \counci exhibits \exh5240.dwg NUECES BAY CORPt\ly CHRISTI �o F:M• 665 F.M. 43 NUECES COUNTY F.M. 665 \ CABANISS FIELD F.M. 20 FM 2444 F.M. 18 CEFE F. VALENZUELA MUNICIPAL LANDFILL F.M. 14 8 PROJECT NO. 5240 SITE LOCATION MAP NOT TO SCALE EXHIBIT "C" CEFE VALENZUELA DISPOSAL CELL 4B, LEACHATE SYSTEM & STORM WATER POND #1 127 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 01/05/2009 =OW IMO ..w 9 AGENDA MEMORANDUM City Council Action Date: January 13, 2009 SUBJECT: Oso Water Reclamation Plant Clarifier Structural Improvements: Bridge No. 5, 6, 7 & 8 /Aerobic Digester No. 2 /Blower House No. 2 (Project No. 7356) — CHANGE ORDER NO. 6 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Change Order No. 6 with R.S. Black Civil Contractors, Inc. of Corpus Christi, Texas, in the amount of $213,725 for the Oso Water Reclamation Plant Clarifier Structural Improvements Project for replacement of non - operational slide gates and new fiberglass grating and supports. ISSUE: This project is part of a multi - phased project to address aging infrastructure at the Oso Water Reclamation Plant (OWRP). The construction of this project was awarded to R.S. Black Civil Contractors Inc. in July 2007. Change Order No. 6 consists of additional work requested by the Wastewater Department for the slide gates and fiberglass grating on Clarifiers No. 1, 2, 3 and 4. The equipment in question is corroded and creates a safety hazard for plant operators. FUNDING: Funds for this project are available from the FY 2008 -2009 Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Pete Anaya, P.E. Director of Wastewater Services Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Actions Exhibit "C" Change Order Summary Exhibit "0" Location Map Ha HOMEUtadtelle \GEN1Waslewatei\7356- Clangers 5,6,7,81CO No. 61Agenda MITT' — BACKGROUND INFORMATION SUBJECT: Oso Water Reclamation Plant Clarifier Structural Improvements: Bridge No. 5, 6, 7 & 8 /Aerobic Digester No. 2 /Blower House No. 2 (Project No. 7356) — CHANGE ORDER NO. 6 CHANGE ORDER NO. 6 DESCRIPTION: This project is part of a multi - phased project to address aging infrastructure at the Oso Water Reclamation Plant (OWRP). Two previous projects are already complete. This change order is for work on Clarifiers No. 1, 2, 3 and 4 as follows: > Remove the existing non - operational influent inlet ports $2,000 > Remove and replace the existing non - operational influent slide gates....$152,600 > Remove and replace the fiberglass grating and supports for the influent channel walkway, which is corroded and creates a safety hazard for plant operators $59,125 Total of Change Order No. 6: $213,725 When this project was originally bid in June 2007, it consisted of a base bid and three additive alternates. Additive Alternative No. 3 consisted of removing and replacing slide gates, inlet ports and fiberglass grating on rectangular Clarifiers No. 5, 6, 7, and 8. At the time of awarding this project, Additive Alternative No. 3 was not awarded but recommended if funding became available. Additive Alternate No. 3 was able to be constructed under Change Order No. 4 on August 12, 2008. Now that the contractor, R.S. Black Civil Contractors, has completed the installation of the gates and grating on Clarifiers No. 5 -8, the Wastewater Department has requested the same work for Clarifiers No. 1-4. Upon completion of this work under this proposed Change Order No. 6, all of the influent slide gates and grating will have been replaced for Clarifiers No. 1 -8 at the Oso Water Reclamation Plant. PROJECT BACKGROUND: This project was developed in multiple phases over multiple fiscal years to address the rehabilitation and replacement of aging systems at the Oso Water Reclamation Plant. These improvements increase protection against service interruptions, plant overloading, and permit violations, as well as increase efficiency. The first phase was completed in May 2004 and provided structural improvements to the catwalks at the East Aeration Basins and Aerobic Digester No. 4 (Aeration Basin Structural Improvements Project No. 7270). The second phase, completed in March 2006, entirely replaced Clarifier Bridges 2, 3 and 4 and included concrete crack repairs in each basin as well as trough support replacement for the bridges (Clarifier Bridges 2, 3, and 4 Improvements Project No. 7271). The design of the current phase was completed in June 2007 (Project No. 7356). R.S. Black Civil Contractors has completed the installation of all four clarifier bridges No. 5, 6, 7 and 8, including the new gates and grating from Change Order No. 4. Work also completed includes the installation of four (4) blowers in Blower House No. 2 and installation of two (2) stand -by generators. —132— PRIOR PROJECT ACTIONS SUBJECT: Oso Water Reclamation Plant Clarifier Structural Improvements: Bridge No. 5, 6, 7 & 8 /Aerobic Digester No. 2 /Blower House No. 2 (Project No. 7356) — CHANGE ORDER NO. 6 PRIOR COUNCIL ACTION: 1. December 17, 2002 - Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with LNV Engineering for a total fee not to exceed $256,600 for the Oso Water Reclamation Plant Structural /Process Improvements (Clarifier Bridges /Aeration Basin /Fine Bubble Diffuser. (Motion No. M2002 -420) 2. December 13, 2005 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 4 to the Contract for Professional Services with LNV Engineering in the amount of $352,150, for a total re- stated fee of $659,600, for the Oso Water Reclamation Plant Structure / Process Improvements Clarifier Bridges / Aeration Basin / Fine Bubble Diffuser. (Motion No. 2005 -413) 3. July 18, 2006 - Motion authorizing the City Manager or his designee to execute Amendment No. 5 to the Contract for Professional Services with LNV Engineering in the amount of $120,700 for a total re- stated fee of $780,300 for the Oso Water Reclamation Plant Structural / Process Improvements (Clarifier Bridges /Aeration Basin / Fine Bubble Diffuser). (Motion No. 2006 -218) 4. July 24, 2007 - Motion authorizing the City Manager, or his designee, to execute a construction contract with R.S. Black Civil Contractors Inc. of Corpus Christi, Texas, in the amount of $4,546,750 for the Oso Water Reclamation Plant Clarifier No. 5, 6, 7, 8 / Aerobic Digester No. 2 / Blower House No. 2 Improvements for the Total Base Bid and Additive Alternate No. 1. (Motion No. 2007 -196) 5. August 12, 2008 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 4 to the construction contract with R.S. Black Civil Contractors, Inc. of Corpus Christi, Texas in the amount of $182,034.50, for a total restated fee of $4,780,755.50 for the Oso Water Reclamation Plant Clarifier No. 5, 6, 7, 8 / Aerobic Digester No. 2 / Blower House No. 2 Improvements. (Motion No. 2008 -203) 6. December 16, 2008 — Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 — Distribution of Request For Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 2. March 13, 2002 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 3. March 15, 2002 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 4. March 26, 2002 — Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). —133— H: WOMEIRechelle \GEMWeslewaten7356.Clar'Rers 5,6,7,BICO No. 61Prior Actions.doc 5. March 28, 2002 — Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 6. September 26, 2003 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with LNV Engineering for a total fee of $6,000, for a total revised fee of $262,600, for the Oso Water Reclamation Plant Structural /Process Improvements - Clarifier Bridges /Aeration Basin /Fine Bubble Diffuser. 7. August 5, 2004 - Administrative approval of Amendment No. 2 to the Contract for Professional Services with LNV Engineering for a total fee of $19,950, for a total revised fee of $282,550, for the Oso Water Reclamation Plant Structural /Process Improvements - Clarifier Bridges /Aeration Basin /Fine Bubble Diffuser. 8. October 11, 2004 - Administrative approval of Amendment No. 3 to the Contract for Professional Services with LNV Engineering for a total fee of $24,900, for a total revised fee of $307,450, for the Oso Water Reclamation Plant Structural /Process Improvements - Clarifier Bridges /Aeration Basin /Fine Bubble Diffuser. 9. July 27, 2007 — Administrative approval of Amendment No. 6 to the Contract for Professional Services with LNV Engineering for a total fee of $24,500, for a total revised fee of $804,800, for the Oso Water Reclamation Plant Structural /Process Improvements - Clarifier Bridges /Aeration Basin /Fine Bubble Diffuser. 10. September 20, 2007 — Administrative approval of Amendment No. 7 to the Contract for Professional Services with LNV Engineering for a total fee of $22,880, for a total revised fee of $827,680, for the Oso Water Reclamation Plant Structural /Process Improvements - Clarifier Bridges /Aeration Basin /Fine Bubble Diffuser. 11. January 2, 2008 - Administrative approval of Amendment No. 8 to the Contract for Professional Services with LNV Engineering for a total fee of $15,000, for a total revised fee of $842,680, for the Oso Water Reclamation Plant Structural /Process Improvements - Clarifier Bridges /Aeration Basin /Fine Bubble Diffuser. 12. April 25, 2008 — Administrative approval of Change Order No. 1 to R.S. Black Civil Contractors, Inc. of Corpus Christi, Texas in the amount of $21,135.75, for a total re- stated contract fee of $4,567,885.75, for the Oso Water Reclamation Plant Clarifier Structural Improvements Bridge No. 5, 6, 7, 8 / Blower House No. 2 Improvements. 13. May 16, 2008 — Administrative approval of Change Order No. 2 to R.S. Black Civil Contractors, Inc. of Corpus Christi, Texas in the amount of $12,765.25, for a total re- stated contract fee of $4,580,651, for the Oso Water Reclamation Plant Clarifier Structural Improvements Bridge No. 5, 6, 7, 8 / Blower House No. 2 Improvements. 14. May 27, 2008 — Administrative approval of Change Order No. 3 to R.S. Black Civil Contractors, Inc. of Corpus Christi, Texas in the amount of $18,070, fora total re- stated contract fee of $4,598,721, for the Oso Water Reclamation Plant Clarifier Structural Improvements Bridge No. 5, 6, 7, 8 / Blower House No. 2 Improvements. 15. December 12, 2008 — Administrative approval of Change Order No. 5 to R.S. Black Civil Contractors, Inc. of Corpus Christi, Texas in the amount of $8,514, for a total re- stated contract fee of $4,789,269.50 for the Oso Water Reclamation Plant Clarifier Structural Improvements Bridge No. 5, 6, 7, 8 / Blower House No. 2 Improvements. —134— EXHIBIT "A -1" Page 2 of 2 Department of Engineering Services Change Order Summary Sheet January 13, 2009 PROJECT: Oso Water Reclamation Plant Clarifier No. 5, 6, 7 & 8 Structural Imps. Project No. 7356 APPROVED: City Council on 7/24/07 - Motion No. 2007 -196 CONTRACTOR: R.S. Black Civil Contractors Inc. P.O. Box 6218 Corpus Christi, TX 78466 TOTAL CONTRACT AMOUNT $4,546,750.00 25% Limit Amount 1,136,687.50 Change Order No. 1 (4/25/08) 21,135.75 Change Order No. 2 (5/16/08) 12,765.25 Change Order No. 3 (5/27/08) 18,070.00 Change Order No. 4 (8/12/08- Motion 2008 -202) 182,034.50 Change Order No. 5 (12/12/08) 8,514.00 Change Order No. 6 (1/13/09) 213,725.00 Total 456,244.50= 10% < 25% H: WOMElRachelle \GEMWaslewaler\7356-CIarifers 5,6,7.8\C0 No. 61Change OrsesBmmgu.eoc \ Mproject \council exhibits\ exh73568. dwg OSO WATER RECLAMATION PLANT CLARIFIER STRUCTURAL IMPROVEMENTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12-24-2008 IRON MEP IMO -136- 10 AGENDA MEMORANDUM DATE: January 13, 2009 SUBJECT: Waldron Road from Purdue to Glenoak and Mediterranean Extension (Project No. 6274) Change Order No. 12 [BOND ISSUE 2004] AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 12 to the construction contract with SLC Construction, L. P., from Conroe, Texas in the amount of $226,013, for a total restated fee of $3,036,365, for the Waldron Road Street Improvement Project for additional storm water improvements from Waldron Road east along Bayberry Place. [BOND ISSUE 2004]. ISSUE: The proposed improvements will extend the storm water underground concrete pipe from Waldron Road to the east along Bayberry Place with new inlets provide crucial relief from frequent flooding in the area. The new collection system will supplement the existing rural road side ditches and will include reconstruction of driveways and street as needed. FUNDING: Funds for this project are available in the FY 2009 Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the Motions as presented. o Pete Anaya , P.E. Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Change Order Summary Exhibit "D" Location Map alerie Grey, P.E. Director of Storm Water & Street Services H:\ USERS2 WOMEWELMAP\GEN \STREET\6274 WALDROMCONSTRUCTIONIC$IQI SeRDER NO. 121.AGENDA MEMO BACKGROUND INFORMATION SUBJECT: Waldron Road from Purdue to Glenoak and Mediterranean Extension (Project No. 6274) Change Order No. 12 [BOND ISSUE 2004] CHANGE ORDER NO. 12: The proposed project will extend the storm water 18" RCP from Waldron Road to the east approximately 800 LF along Bayberry Place to provide new underground drainage to the area. The work will include new grate inlets, pavement reconstruction for driveway and street crossings, new ditch contours, sod and traffic controls. This work is proposed as change order as a result of competitive pricing on the original bids and the ability of the existing contractor to complete the work in a timely manner. FUNDING: Funds for this project are available in the FY 2009 Capital Improvement Budget. CHANGE ORDER BACKGROUND: Bayberry Place is located between Mediterranean Extension and Glen Oak Drive. The area is prone to frequent flooding during light rain events. This work was not part of the original scope of the project, but due to remaining contingency funds and good bid prices from the original contract, the City is able to resolve a long standing problem. These drainage improvements are only possible due to the utility savings from the Waldron Road project. PROJECT BACKGROUND On Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2004. The November 2, 2004 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. EXHIBIT "A" Page 1 of 1 N:\ USERS2UIOME \VELMAP1GEMSTREET\5274 WALDRON \CONSTRUCTIONTIEFLORDER NO. 121AGENDA BACKGROUND PRIOR PROJECT ACTIONS SUBJECT: Waldron Road from Purdue to Glenoak and Mediterranean Extension (Project No. 6274) Change Order No. 12 [BOND ISSUE 2004] PRIOR COUNCIL ACTION: 1. November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents 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). 3. September 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500 (Ordinance No. 026997). 4. June 14, 2005 - Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $603,420 for Waldron Road from Purdue to Glen Oak and the Mediterranean Extension for design services (BOND ISSUE 2004). (Motion No. M2005 -182) 5. December 19, 2006 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $50,180 for Waldron Road from Purdue to Glen Oak and the Mediterranean Extension for additional design phase services, ROW acquisition survey (offsite drainage ROW), and additional offsite drainage hydrojet SUE (BOND ISSUE 2004). (Motion No. M2006 -424) 6. May 29, 2007 — Motion authorizing the City Manager, or his designee, to award a construction contract in the total amount of $2,644,131.25 with SLC Construction, L. P. of Conroe, Texas for Part A and Part B plus Part C on the Waldron Road Street Improvements Project: Purdue to Glenoak and Mediterranean Extension (BOND ISSUE 2004). (Motion No. M2007 -143) 7. December 16, 2008 — Ordinance approving the FY 2009 Capital budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) PRIOR ADMINISTRATIVE ACTION: 1. August 26, 2004 - Distribution of Request For Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 2. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). EXHIBIT "B" Page 1 of 4 H:\ USERS2WOME\VELMAP\GEMSTREET\6274 WALDRONCONSTRUCTION \CIA Qr ORDER NO. 12 ■PRIOR PROJECT ACTIONS PRIOR ADMINISTRATIVE ACTION (continued): 3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004- 03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 4. August 2, 2005 — Administrative approval of Agreement for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Rock Engineering & Testing Laboratory of Corpus Christi, Texas in the amount of $7,405.60 for Waldron Road from Purdue to Glen Oak and the Mediterranean Extension (BOND ISSUE 2004). 5. August 16, 2006 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $22,270 for Waldron Road from Purdue to Glen Oak and the Mediterranean Extension for storm water line televising and additional sewer line televising (BOND ISSUE 2004). 6. December 12, 2006 - Administrative approval of Amendment No. 2 to the Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $23,840 for Waldron Road from Purdue to Glen Oak and the Mediterranean Extension for additional design phase services, offsite drainage topographic survey, and offsite drainage hydrojet SUE(BOND ISSUE 2004). 7. August 23, 2007 — Administrative approval of Change Order No. 1 to the construction contract with SLC Construction, L. P. of Conroe, Texas in the amount of $6,300 for Waldron Road from Purdue to Glen Oak and the Mediterranean Extension for the removal of sidewalk to install new power poles for future improvements (BOND ISSUE 2004). 8. October 1, 2007 - Administrative approval of Change Order No. 2 to the construction contract with SLC Construction, L. P. of Conroe, Texas in the amount of $17,600 for Waldron Road from Purdue to Glen Oak and the Mediterranean Extension for the removal of 8" SDR 26 and replace with new 8" C900PP, removal of 10" SDR 26 and replace with new 10" C900PP, removal of existing concrete and replace concrete with wood structure, and two (2) traffic control arrow boards (BOND ISSUE 2004). 9. January 10, 2008 - Administrative approval of Change Order No. 3 to the construction contract with SLC Construction, L. P. of Conroe, Texas in the amount of $24,998.75 for Waldron Road from Purdue to Glen Oak and the Mediterranean Extension for repair on clay storm drain line /sink hole behind sidewalk at north crosswalk (includes cost to repair line twice and reform sidewalk due to rain storm), sanitary sewer line 8" point repair at Sta. 7 +25, and void in roadway section south bound lane (BOND ISSUE 2004). 10. January 11, 2008 - Administrative approval of Change Order No. 5 to the construction contract with SLC Construction, L. P. of Conroe, Texas in the amount of $12,946.50 for Waldron Road from Purdue to Glen Oak and the Mediterranean Extension for 12" water line erupted north bound Waldron Road (includes cost for traffic control, saw cut, removal of material to expose repaired water line (BOND ISSUE 2004). EXHIBIT "B" Page 2 of 4 H:\ USERS2WOMEWELMAP \GEN\STREET\6274 WALDRON \CONSTRUCTION\CMJ ORDER NO. 12\ PRIOR PROJECT ACTIONS PRIOR ADMINISTRATIVE ACTION (continued): 11. January 22, 2008 - Administrative approval of Change Order No. 4 to the construction contract with SLC Construction, L. P. of Conroe, Texas in the amount of $20,367.50 for Waldron Road from Purdue to Glen Oak and the Mediterranean Extension for 12" water line erupted north bound Waldron Road (includes cost for traffic control, backfill, and asphalt repair), backfill sink hole around storm sewer manhole south of Dominos Pizza, additional striping at Waldron Road and Purdue, 13.5" x 22" arch pipe, and 18" RCP (BOND ISSUE 2004). 12. February 11, 2008 - Administrative approval of Change Order No. 6 to the construction contract with SLC Construction, L. P. of Conroe, Texas in the amount . of $19,308 for Waldron Road from Purdue to Glen Oak and the Mediterranean Extension for rehabilitation of manhole no. 5747 and by -pass of the rehabilitation of manhole no. 5747 (BOND ISSUE 2004). 13. April 1, 2008 - Administrative approval of Change Order No. 7 to the construction contract with SLC Construction, L. P. of Conroe, Texas in the amount of $15,591 for Waldron Road from Purdue to Glen Oak and the Mediterranean Extension for sink hole repair at Waldron Road (south of Don Patricio), requested brush clearing by Navy for 20' access by fence line, and repair of 80' of chain link fence (BOND ISSUE 2004). 14. June 4, 2008 - Administrative approval of Change Order No. 8 to the construction contract with SLC Construction, L. P. of Conroe, Texas in the amount of $4,135 for Waldron Road from Purdue to Glen Oak and the Mediterranean Extension for concrete blocking on two (2) storm inlets with addition selected fill material, restor and Jeffcoat manhole at intersection of Gleanoak and Waldron, and six (6) reflectors for storm inlets in ditch (BOND ISSUE 2004). 15. June 25, 2008 - Administrative approval of Change Order No. 9 to the construction contract with SLC Construction, L. P. of Conroe, Texas in the amount of $7,120 for Waldron Road from Purdue to Glen Oak and the Mediterranean Extension for AEP vault discharge system into storm water inlets at Winnebago and Upper Broadway (includes saw cutting, excavation, backfill, asphalt, mobilization, SWPPP, and traffic control) (BOND ISSUE 2004). 16. July 23, 2008 - Administrative approval of Amendment No. 4 to the Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $0 for Waldron Road from Purdue to Glen Oak and the Mediterranean Extension for the re- alignment of fees, specifically reducing construction observation services and increasing design phase services, construction phase services, offsite drainage topographic survey, and offsite drainage hydrojet SUE (BOND ISSUE 2004). 17. October 16, 2008 - Administrative approval of Change Order No. 10 to the construction contract with SLC Construction, L. P. of Conroe, Texas in the amount of $14,764 for Waldron Road from Purdue to Glen Oak and the Mediterranean Extension for AEP at 602 Buffalo Street (remove existing concrete sidewalks, cement stabilized sand, saw cut concrete, new concrete sidewalk, traffic control, mobilization, and SWPPP) and AEP at Taylor and Chaparral (saw cut concrete sidewalks, cement stabilized, remove existing sidewalks, replace sidewalks, traffic control, mobilization, 2" overlay HMAC, SWPPP, and concrete extra work) (BOND ISSUE 2004). EXHIBIT "B" Page 3 of 4 H:\ USERS2WOMEWELMAP \GEN\STREET\6274 WALDRON\CONSTRUCTION1CIA4C ORDER NO. 121 PRIOR PROJECT ACTIONS PRIOR ADMINISTRATIVE ACTION (continued): 18. October 24, 2008 - Administrative approval of Change Order No. 11 to the construction contract with SLC Construction, L. P. of Conroe, Texas in the amount of $23,090 for Waldron Road from Purdue to Glen Oak and the Mediterranean Extension for mobilization, 15" RCP, 42" RVP, excavate existing material, saw cut, trench safety, cement stabilized sand, pavement repair, traffic control, SWPPP, and CCTV (road failure on Gollihar and Shaw due to storm water pipe collapse) (BOND ISSUE 2004). IEXHIBIT "B" I Page 4 of 4 H:\ USERS2 \HOME\VELMAP\GEN\STREET\6274 WALDRONCONSTRUCTIO.NIC4tE ORDER NO. 12 ■PRIOR PROJECT ACTIONS CHANGE ORDER NO: Operating Department: Name of Project: Waldron Rd. - Purdue to Glenoak & Med. Extension Project - P.R. 6274 Contractor. CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas 12 FUNDING SOURCE: SLC Construction, L.P. CONTRACT TIME: 600 C.D. DATE: November 20. 2008 CHANGE SEE ATTACHED BREAKDOWN Note: On Change Order No 12 we are also correcting the time allotted to do the work. 5226,013.00 TOTAL NET: 5226,013.00 DEDU Why was this change necessary? (If left off the plans and specifications, explain why? I.) Change was initiated by residential flooding. 2.) Contractor mistakenly installed RCP without sand tape. 3.) Additional items agreed to for change order How can similar changes be avoided In the future? 1.) Unavoidable 2.) Contractor provide better quality assurance to ensure specs and drawings are followed. 3.) Unavoidable S 2,644,131.25 A. CONTRACT' CHANGE 5 392,233.75 B. TOTAL CHANGE ORDERS (Inc. current) $ 3,036,365.00 tC� e. C. NEW CONTRACT PRICE 226,013.00 Project agar D. THIS CHANGE ORDER 7 13.00 E. PERCENT TOTAL CHANGE (WA) 1 C.D. F. PREVIOUS TIME AUTHORIZED G. ADDN'L CONTRACT TIME THIS CHANGE ORDER 45 C.D. H. TOTAL ADDITIONAL TIME 127 C.D. CITY OF CORFU �' ,TEXAS CONTRACTOR By: By: Director of Engineering Services APPROVED: Operating Department Dir. of Management & Budget Legal Department -145- Title: V ?-cc EXHIBIT "C" Page 1 of 4 Waldron Rd. - Purdue to Gienoak and Med. Extension P.R. No. 6274 Change Order N0.12 t� DED CH E ' Add the following Item to the contract: 1 Storm water extension at Bayberry 5235,513.00 Subdivision (See attached unit cost breakdown 3 3.00/L.S.) and drawings for layout) - (I L.S. @$2 Deduct the following item front the contract: 2 Credit for total L.F. of RCP Pipe installed w /out sand tape (450 LF. /18 ", 1,000 L.FJ24 ", 772 L.FJ30 ", 394 L.FJ36". 1,195 L.FJ48" - Total 3,811 L.F.) 3 Allowance for concrete rip rap at Glenaak 5500.00 (1 L.S. ©5500.00/L.S.) 4 Other (zero amont) agreeable terms per change order: 1) Provide CCTYI at end of project at One Year Warranty CCC and repair any defective areas on total LF addressed in Item 82 above. 2) Provide supplier recommendation of grout system to be used on defective areas. 3) Make permemant asphalt repair to NE corner at the intersection of Waldron Rd and Mediterranean (510,000.00) SUB - TOTAL: 5236,013.00 (510,000.00) NET TOTAL: 5226,013.00 -146- IEXHIBIT "C" I Page 2 of 4 IEXHIBIT "C" I Page 3 of 4 SLC Construction. LP P O 13ux 639 Conroe. Texas 77303 EXTRA WORK ORDER 1'(936)441.8038 1(936)4414098 Project Name: Owner. Waldron Rd City of Corpus Christi Description Storm Water Extension at Bayberry. Subdivision Date. 22.Oct -06 Description. Quantity. - Unit SLC Unit Cos " SLC Total Cost 16" RCP 800 LF 5 .0 ' S 125,600.00 Drieway Remove Existing 01W Culvert ° 5 Each = 5 1.000.00 5 5,000.00 1 -112' HMAC Drivewa Ap.roach 9 Each ? 5 2.500.00 5 22.500:00 ti ir . 5110 ^' a' 7 .- fast • .. ' "1 5 Each $ 3.500.00 S 17.500.00 i i:$i n' -rid 'n 3a : 1 (1 3vh .2 c : e,5t7;^ - :.. 5 Each. S - 66:500.00 S - :: 32.500:00 - -. Trench Safety 793 LF = 5 1.00 5 793.00 Pavement Repair 80_ SY - S 49.00 5 3,920.00; Sod 800 SY S 5.00 5 4.000:00 TraficControl 1 SF $ 1.000.00 5 1,000.00 Mobilization t LS 5 5.000.00 5 5,000.00 rt7 . f r110014111118 * +'7`9i as 1 LS S 3:500.00 5 3,500.00 di Ici-+,�.,r`ti,�iit r�r„ " a ° _ 1 Each 5 3;250.00 S 3,250.00 MN if „, , 1. 'ty S-�i' 1 LS 5 2,750.00 5. 2,750:00 r, +` ,n 1 r t3. i •a „t. rr;„-Yr%. '' cv f- LS S 7.000.00 S 7,000:00 a s.aa7 s`: e 1 " CY S. 150.00..:5. 1,200_C3 Total Sub,Totai $ 235,513.00 SLC Ap -147- PROJECT: DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET January 13, 2009 Waldron Road — Purdue to Glenoak and Mediterranean Extension Project No. 6274 BOND ISSUE 2004 APPROVED: City Council Motion No. M2007 -143 on May 29, 2007 CONTRACTOR: SLC Construction, L. P. P. O. Box 639 Conroe, TX 77305 TOTAL CONTRACT AMOUNT $2,644,131.25 25% Limit Amount 661,032.81 Change Order No. 1 (August 23, 2007) 6,300.00 Change Order No. 2 (October 1, 2007) 17,600.00 Change Order No. 3 (January 10, 2008) 24,998.75 Change Order No. 4 (January 22, 2008) 20,367.50 Change Order No. 5 (January 11, 2008) 12,946.50 Change Order No. 6 (February 11, 2008) 19,308.00 Change Order No. 7 (April 1, 2008) 15,591.00 Change Order No. 8 (June 4, 2008) 4,135.00 Change Order No. 9 (June 25, 2008) 7,120.00 Change Order No. 10 (October 16, 2008) 14,764.00 Change Order No. 11 (October 24, 2008) 23,090.00 Change Order No. 12 (January 13, 2009) 226,013.00 TOTAL All Change Orders $392,233.75 14.83% < 25% IEXHIBIT "C" I Page 4 of 4 H:\ USERS2WOMEWELMARGEN4STREET\6274 WALDROMCONSTRUCTIOMf $.ORDER NO. 12\CHANGE ORDER SUMMARY File : \ Mproject \councilexhibits \exh6274b.dwg & LOCATION MAP S NOT TO SCALE VICINITY MAP NOT TO SCALE CITY PROJECT No. 6274 EXHIBIT 'D' WALDRON ROAD STREET IMPROVEMENTS: PURDUE TO GLENOAKAND MEDITERRANEAN EXTENSION (BOND ISSUE 2004) —189— CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12 -24 -2008 111W - 11 AGENDA MEMORANDUM January 13, 2008 SUBJECT: Packery Channel Monitoring — 2008 -2009 (Project No. 5228) AGENDA ITEM: A. Ordinance appropriating $61,715.00 of the Unappropriated Fund Balance in the Reinvestment Zone No. 2 Fund 1111 for Packery Channel Monitoring for 2008 -2009; Changing the FY2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $61,715.00; and declaring an emergency. B. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract between the City and Texas A &M University — Corpus Christi for Packery Channel Quarterly Monitoring for 2008 -2009 in the amount of $61,715.00 for a restated not to exceed amount fee of $314,222.00. ISSUE: Purpose and Goals The purpose of the Winter Survey is to determine changes in and adjacent to Packery Channel during the high- energy period occurring from September through February. A prior survey documented the affect of the Hurricane Ike on the shoreline and this survey will be critical to recognizing subsequent changes in the shoreline position adjacent to the inlet and whether the shoreline is beginning to advance indicating widening of the beach. The survey monitoring: • is a requirement of the agreement between the City of Corpus Christi of U.S. Corps of Engineers; • is necessary to document the natural forces influencing the channel; and • will allow the City to more clearly understand the dynamics of the channel, project maintenance needs, and manage Trust Fund proceeds. FUNDING: Funding is available from the FY2008 -2009 Operating Budget upon appropriation. RECOMMENDATION: Approval of the ordinance and motion as presented. 4/61, Pete Anaya, P.E. �Sally lik Director - Engineering Services Direc r of Parks and Recreation ADDITIONAL INFORMATION Exhibit A. Background Information Exhibit B. Contract Summary H: WQME\X EVINS\ GEN\ PACKER11Monitoring\DNRAwdAmd2Pf dpc ADDITIONAL INFORMATION SUBJECT: Packery Channel Monitoring — Project No. 5228 CONTRACT: The amendment provides funding for the winter survey monitoring of the channel. The survey provides data on the channel for the winter period when strong cold fronts are affecting the channel. The additional monitoring will cover an important data period that will otherwise not be available to help understanding the Packery Channel dynamics. The survey will include the entrance channel, deposition basin and inland waterway to and including a small section of the GIWW. The offshore region immediately surrounding the channel mouth (0.5 mile box) will also be surveyed. Shoreline position will be measured along Mustang Island and North Padre Island. The Mollie Beattie Coastal Habitat Community (MBCHC) survey will include the channel adjacent to the flats as well as transects stretching across the wetland. The survey operations will be undertaken during the last two weeks of February or first week of March depending on weather and sea conditions. A contract summary is attached. See Exhibit B. BACKGROUND: DNR conducted emergency bathymetric (water) and topographic (land) surveys during the week of September 23, 2008 to document the post -storm impact of Hurricane Ike on the channel and adjacent beach and nearshore. The post -storm survey was authorized administratively was not included in the original contract budget. Rapid deployment of the survey team was made possible by the decision to use authorized funds budgeted for the February Winter Survey. The proposed amendment will authorize funding for DNR to perform the winter survey. Packery Channel is a U.S. Corps of Engineer project with City of Corpus Christi participation. The Division of Nearshore Research of Texas A &M University made a presentation to Council on January 8, 2008 titled "Packery Channel Status 2007 - Results from a Monitoring Program ". The amendment is recommended to continue: • Hydrograph Monitoring (quarterly); • Beach Profile and Shoreline Position Surveys (quarterly); and • Monitoring of Water Current Speed in the Channel. PRIOR COUNCIL ACTIONS: City Council actions have been numerous concerning the Packery Channel Project; however, several of the major actions related to the actual channel are as follows: March 2000 — The City becomes local sponsor. H: W OME \KEVI NS \GE N \PACKERY\MONITORING\DNRAW DAM D2BKG EXHA. DOC —154— EXHIBIT A Page 1 of 2 April 7, 2001 - City Council places tax - incremental financing issue on the ballot and the voters approve creation of a tax - incremental financing district. February 14, 2003 — City Council and the Texas General Land Office approve a Project Cooperation Agreement that provides a grant of $1,275,000 to the City for the project. February 26, 2008 A. Ordinance Appropriating $241,487.00 of Unappropriated Fund Balance in the Reinvestment Zone No. 2 Fund 1111 for Packery Channel Monitoring for 2008- 2009; Changing The FY2007 -2008 Operating Budget Adopted by Ordinance No. 027352 to increase Appropriations by $241,487.00; and declaring an emergency. B. Motion authorizing the City Manager, or his designee, to execute a contract between the City and Texas A &M University — Corpus Christi not to exceed $241,487.00 for Packery Channel Quarterly Monitoring for 2008 -2009. RECOMMENDATION: Approval of the motion as presented. H: W OME\ KEVINS \GEN \PACKERY\MONITORING\DNRAW DAMD2BKGEXHA.DOC —155— EXHIBIT A Page 2 of 2 CONTRACT SUMMARY Section II. Scope of Services, A. Tasks 2 -3 is amended to read as follows: II. SCOPE OF SERVICES A. TASKS: DNR will complete the following tasks: Year 1- modified scope — Amendment 2. 2-4. Winter Survey Quarterly winter monitoring of Packery Channel is authorized during February 2009. In addition to surveys in the channel and surrounding nearshore, this effort will include surveys of the shoreline position along the adjacent beach (targeting the region along the seawall). DNR conducted emergency bathymetric (water) and topographic (land) surveys during the week of 23 Sep 08 to document the post -storm impact of Hurricane Ike on the channel and adjacent beach and nearshore. The post -storm survey authorized by administratively was not included in the original contract budget. Rapid deployment of the survey team was made possible by the amendment which authorized DNR to perform the post -storm survey using the funds budgeted for the February Winter Survey. This amendment authorizes funding for the regularly scheduled quarterly monitoring survey to be conducted during late February 2009, and a no -cost time extension to continue the project through May 31, 2009. The extension permits the orderly collection of data, data analysis, reporting and invoicing. Tasks: The following tasks are proposed for the Winter Survey: 1. Single and multibeam sonar survey of Packery Channel from the GIWW to the channel mouth (including the basin and entrance channel). Purpose: to define channel depth and identify regions of scour and channel shoaling. Calculate potential volume of sand available for dredging. 2. Single and multibeam survey of the nearshore fronting Packery Channel, including a 0.5 mile region immediately surrounding the channel mouth. Purpose: to define depth around jetties and channel mouth and define regions of scour and shoaling that could potentially limit navigation. 3. Topographic surveys in regions of structural failure (boat ramp, entrance revetment) as needed. 4. Bathymetric and topographic survey of Mollie Beattie Coastal Habitat Community (MBCHC). Purpose: to determine change in adjacent channel width as well as changes in landforms, water depth and extent of the preserve. Purpose and Goals of the February Survey The purpose of the Winter Survey is to determine changes in and adjacent to Packery Channel during the high - energy period occurring from September through February. The surveys will also document changes in the shoreline position adjacent to the inlet. The survey will document if the shoreline that receded adjacent to the inlet and along the southern end of the seawall during Hurricane Ike, and whether the shoreline is beginning to advance indicating widening of the beach. Survey Area The survey will include the entrance channel, deposition basin and inland waterway to and including a small section of the GIWW. The offshore region immediately surrounding the channel mouth (0.5 mile box) will also be surveyed. Shoreline position will be measured along Mustang Island and North Padre Island. The Mollie Beattie Coastal Habitat Community (MBCHC) survey will include the channel adjacent to the flats as well as transects stretching across the wetland. Schedule All survey operations for Amendment No. 2 Survey operations are scheduled for the last two weeks of February or first week of March dependent on weather and sea conditions. Amendment No. 2 Cost to City: $61,715.00 -156 - N UafM F \KFVINS\r:FN\PAC KF RYVNonitorino \DN RAwdAmd2S um.doc Exhibit B Page 1 of 3 Task Description Time Est. Cost Field Mobilization Y day $ Incl. Bathymetric channel and nearshore survey Offshore single -beam sonar @ $3,500 per day 1.0 days 3,500 Channel multibeam sonar @ $4,100 per day 2.0 days 8,200 Surf zone survey with Sled @ $3,500 per day 2.0 days 7,000 Post - processing data 5,300 Bathymetric Channel & Nearshore Survey Sub -total 24,000 Shoreline Position Survey RTK -GPS Topographic Survey @ $ 1,600 1.0 day 1,600 Post - processing data 400 Shoreline Position Survey Sub -total 2,000 Mollie Beattie Coastal Habitat Survey Topographic Survey and littoral boundary survey (wading survey) @ $ 1,600 4.0 days 6,400 Post - processing data 1,600 Mollie Beattie Survey Sub -total 8,000 Basin Revetment Survey RTK -GPS Topographic Survey @ $ 1,600 1.0 day 1,600 Post - processing data 400 Basin Revetment Survey Subtotal 2,000 Surveying subtotal 36,000 Analysis, Reporting, Staff, Benefits, Etc. Analysis and reporting 11,000 Support staff, data base management 2,000 Benefits /insurance 4,030 I DC 8,685 Analysis, Reporting, Staff, Benefits, Etc. 25,715 Total $61,715 111. FEES AUTHORIZED The City will pay DNR a fixed fee not to exceed $314,222.00 for providing all services for during the contract term (12 months). The fee consists of an original contract fee of $241,487.00, a fee for Amendment No. 1 of $11,020.00 and a fee for Amendment No. 2 of $61,715.00. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified in Section II. Invoices will be submitted to the Director of Engineering Services. Invoices will be submitted no more frequently than once per month for services rendered. All invoices shall be accompanied by a cover letter summarizing project status and the tasks undertaken during the time period covered by the invoice. Invoices will be based on the budget attached as H: HOME\X EVINS\ GEN\ PACKERMIonitoring \DNRAwdAmd2Sumig Exhibit B Page 2 of 3 Exhibit A. Invoices will be sequentially numbered for each project, state the project name (Packery Channel Quarterly Monitoring Project) and City project number (5228). The letter shall state the number of the current invoice, the total authorized fee, the amount previously invoiced, and the current amount due. Statements will be based upon percent of project completed. However, a final payment of $3,500 will be retained until delivery of the final report. Contract Fee Original Contract $241,487.00 Amendment No. 1 $11,020.00 Amendment No. 2 $61,715.00 Total $314,222.00 H:\ H0ME\ KEVINS\ GENTACKERY1Monitoring \DNRAwdAmd2S5lid%c8 Exhibit B Page 3 of 3 ORDINANCE APPROPRIATING $61,715.00 OF UNAPPROPRIATED FUND BALANCE IN THE REINVESTMENT ZONE NO. 2 FUND 1111 FOR PACKERY CHANNEL MONITORING FOR 2008 -2009; CHANGING THE FY2008 -2009 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 027776 TO INCREASE APPROPRIATIONS BY $61,715.00; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $61,715.00 of the Unappropriated Fund Balance in the Reinvestment Zone No. 2 Fund 1111 is appropriated for Packery Channel Monitoring for 2008 -2009. SECTION 2. The FY2008 -2009 Operating Budget adopted by Ordinance No. 027776 is changed to increase appropriations by $61,715.00. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 13th of January, 2009. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM. 17- Dec -08 By: Veronica Ocanas Assistant City Attorney for City Attorney 011309 ORD App $61,715 for Packery Channel Monitoring 20088 -2409 CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas day of 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor 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 011309 ORD App $61,715 for Rockery Channel Monitoring 209$_7,909 12 AGENDA MEMORANDUM DATE: January 13, 2009 SUBJECT: Airfield Equipment and Maintenance Facility (Project 10028) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 18 to the engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $175,987.00, for a restated not to exceed total fee of $3,073,820.80 for the Corpus Christi International Airport for the Airfield Equipment and Maintenance Facility for engineering design, bid and construction phase services. ISSUE: The amendment provides for Architectural and Engineering Design services, as well as Topographic Survey services for the new CCIA Airfield Equipment and Maintenance Facility. FUNDING: Funding is available from the Airport Capital Reserves and FAA Grants. RECOMMENDATION: Approval of the motion as presented. Fred Segundo Director of Aviation ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. Contract Summary Exhibit C. Location Map /�9 Pete Anaya, P.E. Director of Engineering Services H:WOMEV-YNDAS \GENWirport\10028 - Equipment maintena4e3s4litytAmendment 18Wtemo.doc BACKGROUND INFORMATION CONTRACT SUMMARY: The amendment permits design work to continue for the construction of a new facility to house equipment purchased through grants under the Airport Capital Improvement Program. The equipment is currently being stored in a 25 -plus year old hangar that is designed for aircraft maintenance and storage. The facility is being designed to optimize maintenance operations and will contain a gantry crane, fueling systems and specialized equipment necessary to ensure efficient operations. (A contract summary is attached, see Exhibit B.) This amendment is being initially funded through available Airport Capital Reserve Funds. FAA Grants will reimburse the City and fund 95% of the cost for this contract Amendment #18. Design services will include design development to finalize the schematic design of the facility and upon city approval; the consultant will prepare construction documents required for permitting and construction. The completed documents will be submitted to the City of Corpus Christi, CCIA and FAA. Plans and specifications will be delivered to the City in time for an April 1, 2009 bid date. At this time, the estimated cost of construction is anticipated to be in the range of $2,230,000. PROJECT BACKGROUND: The Corpus Christi International Airport (CCIA) is in need of a new facility to store, house and maintain airfield equipment. Currently, CCIA is using an existing aviation hangar for this purpose and wishes to free up the facility to serve in its intended role. PGAL was previously authorized to proceed with a preliminary site location and building scoping study in order to determine an order of magnitude project budget for this project. The preliminary study resulted in a site location that satisfies the needs of the Airport, and the requirements of the FAA. Likewise, the site and building were sized and laid out in conformance with the budgetary constraints set forth by the FAA. The preferred site location was determined to be just west of the existing Crescent Hangar in the empty field behind the electrical shop. Based on the Airport's needs, the proposed site will encompass about 66,000 square feet or about 1.5 acres. The overall dimensions of the building, although still being finalized, are approximated to be 100 feet long by 78 feet wide, with two (2) vehicle service bays, and a limited amount of inventory, storage, personnel and services space. In addition to the site and building, CCIA has received approval from the FAA to include with this project: • Above - ground diesel and gasoline fuel tanks and dispensers, • Aggregate bins, • A 10 to 15 gantry crane, • A service lift for vehicles, • A service pit, and • A vehicle wash rack area —164— EXHIBIT A Pane 1 of 2 Where possible these items will be incorporated into the design via additive bid alternates to allow for the possibility of awarding them individually; subject to the availability of funding. The facility will extend the life of the housed equipment by protecting the equipment from corrosive elements in the local environment. The construction documents will include the extension of utilities to the site. CONSULTANT SELECTION /PROJECTS: The City selected PGAL for Airport engineering services through an RFP for a multi -year service agreement. The agreement is amended to authorize additional projects as funding becomes available from the FAA. The City has historically utilized multi -year engineering contract to successfully take advantage of year end FAA Discretionary funds. A Request for Proposals was issued and the firm of Pierce Goodwin Alexander Linville (PGAL) was hired in 2004. LOCAL PARTICIPATION: The local firm of Martinez, Guy and Maybik (MGM) is the local representative on the project and is a sub - consultant to PGAL. All charges incurred by MGM are included within this amendment price and are the responsibility of PGAL. FUTURE COUNCIL ACTIONS: Council will be requested to authorize: • Acceptance and appropriation of the FAA grant for construction of the facility; • Award of materials inspection and laboratory testing for the project; • Award of the construction contract; and • Award of any change orders that may require Council action; and • Award of future engineering contract amendments when authorized by FAA. FUNDING: Funding is initially available from Airport Capital Reserve Funds. FAA Grants will reimburse the City and fund 95% of the cost for this contract. BOARD /COMMITTEE REVIEW: The Airport Board has reviewed the proposed award and recommended its approval. —165— EXHIBIT A Page 2 of 2 CONTRACT SUMMARY PGAL will provide architectural and engineering services for design, bid and construction phase services for the CCIA Airfield Equipment and Maintenance Facility. The scope of services will include services as provided by the Scope of Services letter attached as Exhibit A- 18. Exhibit A, Section C Summary of Fees, is amended by the authorize services an additional total fee not to exceed fee of $175,987.00. The total Amendment No. 18 not to exceed fee inclusive of all expenses is $175,987.00. A summary of the schedule of fees is attached as Exhibit B -18. Invoices for services provided by Amendment No. 18 will be based on the Engineer's estimate of the percentage of the services completed. Invoices for travel, per diem and lodging will be evidenced by a copy of invoices. Invoices will be submitted only once per month. The restated total not to exceed fee inclusive of all expenses is $3,073,820.80. Exhibit A -18 (Scope) and Exhibit B -18 (Fee Summary) follow on attached pages. Exhibit B Page 1 of 7 H: \HOMEXEVINS \GEN\AIR restored\ 20041mprovements \AE- PGALWEArrldh umExhB.doc SCOPE OF DESIGN SERVICES CCIA — AIP Project RFP 2003 -08 CCIA Airfield Equipment and Maintenance Facility BASIC SERVICES Preliminary Design Phase 1. Confer and attend meetings with City representatives and other interested parties on project requirements, finances, schedules, project phasing, and other pertinent matters. 2. Make initial and other site visits as required to verify field survey information and location and condition of existing project features. 3. Review existing data, reports, and documents pertaining to the project site and areas affected by the project improvements. 4. Develop preliminary plan layouts for the Taxiway System, and signage. 5. Coordinate with utility companies as needed. 6. Coordinate with Survey and Geotechnical subconsultants. 7. Prepare preliminary estimates for design alternatives. 8. Prepare 30% Design Submittal and coordinate reviews and handling of comments, including various alternatives for design consideration. Design Phase 1. Conduct and attend meetings and design conferences to obtain information and to resolve design matters. 2. Collect engineering data and make field investigations, engineering studies, and surveys necessary for design of the chosen alternatives. 3. Prepare necessary reports and recommendations for CCIA representatives to make informed decisions on design issues. 4. Prepare detailed plans, specifications, estimates, and bid documents to submit for City and FAA review and approval. All bid documents will be in accordance with appropriate FAA advisory circulars /orders, and City of Corpus Christi Specifications and will include project layout, Civil and Architectural site plans, all required architectural and structural building design sheets, existing and proposed utilities, grading contours, utility base maps, parking and paving details, drainage plans and details, all mechanical, electrical and plumbing plans, temporary and permanent erosion control features, and other documentation requirements. 5. Provide 60% and 100% complete plan and bid documents for City Airport and FAA staff review. Coordinate all review comments and incorporate as appropriate. 6. Prepare construction phasing and sequencing plans. 7. Prepare Storm Water Pollution Prevention Plans. Exhibit B Page 2 of 7 —167— 8. Prepare details for barricading and traffic control. 9. Prepare miscellaneous project features and details. Bidding Phase 1. Participate in pre -bid conference. 2. Review all pre -bid questions and prepare addenda as necessary for City approval. 3. Assist in solicitation of bids by identification of prospective bidders and review of bids by solicited interests. 4. Analyze bids, prepare bid tabulations, and make recommendation regarding award of contract. Construction Phase (Construction Administration) 1. Provide consultation and advice to the City and other governmental authorities during all phases of construction. 2. Participate in pre - construction conference. 3. Review and approve shop and working drawings and material and/or equipment submittals. 4. Provide interpretations and clarifications of plans and specifications. 5. Advise CCIA representatives on minor changes that do not affect cost and/or quality of the Contractor's work. 6. Prepare and negotiate change orders and supplemental agreements that are necessary. 7. Inspect work periodically and provide appropriate reports to the City's project manager, inspector, and contractor. 8. Review and coordinate contractor's progress schedule and critical path updates with the contractor and City and Airport representatives. 9. Review contractor pay requests for progress and final payments. 10. Make pre -final and final inspections with City and Airport staff and provide a Certificate of Completion for the project. Assist Airport in obtaining certificate of occupancy for building. 11. Review contractor's as -built construction drawings and prepare records of project as constructed. ADDITIONAL SERVICES 1. Geotechnical investigations, soil core sampling, laboratory testing, related analyses and reports; 2. Land surveys and topographic maps, field and/or construction surveys, and photogrammetric surveys; 3. Permitting would be an additional service, if required; 4. Environmental studies and document preparation; 5. Preparation of as -built construction plans; 6. Construction Management and Inspection Services to Include: Exhibit B Page 3 of 7 —168— A. Provide Project Manager/Engineer to manage and oversee all aspects of Construction Management and Inspection Program. Engineer will make site visits periodically and as needed for the Project and will be available at all times to consult and provide assistance. B. Provide Full -Time Civil Inspector trained and familiar with the type of construction required for the project to monitor construction activities, materials testing, track project progress and prepare daily reports for submission to the Airport and Engineer. C. Provide vehicles, airfield radios and any other equipment necessary for Engineer and Inspector to work within the Airport Operations Area. All on -site employees will be badged as required. D. Provide off -site Clerical and Technical staff for preparation of proper Construction Management and Inspection documentation. E. Participate in pre - construction conference with Project Manager and Inspector(s) in attendance. F. Attend weekly construction meetings and help resolve design and construction matters. G. Consult with Airport on changes in scope or design that affect cost and make recommendations to Airport for solution. H. Monitor amounts owed to the contractor for progress and final payments. I. Monitor and report on status of traffic control, barricades, SW3P. Exhibit B Page 4of7 -169- EXHIBIT B -18 Section C- Summary of Fees is amended by the addition of Amendment No. 18 to read: HIHGMEIKEVINSIGENVtIR_ restoredl20041mprovemenis \AE- PGAUAEAmdIBEAB 1.do Exhibit B Page 5 of 7 Total Original Contract Total Authorized Fee (Runway 13/31, Drainage Ph. 3, Airport Beacon Relocation & Master Plan Update) $1,375,025 Amendment No. 1 0 Pavement Repair Design Services 6,340 Amendment No. 2 0 Runway Guard Light System Design Services 4,785 Amendment No. 3 0 Drainage and Slope Grade Deficiency Corrections 6,700 Amendment No. 4 0 Open Cut and Repair Taxiways A, B, D & E Design 22,658 Amendment No. 5 0 West General Aviation Apron Rehabilitation 236,907 Drainage Phase V 140,043 Amendment 5 Fee 376,950 Amendment No. 6 0 Title Research 22,000 Amendment No. 7 0 Benefit Cost Analysis Extending 13/31 75,000 Amendment No. 8 0 BCA Extend 13/31 Additional Presentations 8,000 Amendment No. 9 0 Master Plan — Additional Presentations 8,000 BCA Extend 13/31 Additional Presentations -8,000 Amendment No. 10 0 Drainage Line MD -1 Repairs 5,610 Amendment No. 11 0 Taxiway System Rehabilitation, and 0 Total Taxiway Rehabilitation Fee 94,000 Taxiway System Signage /Lighting Rehabilitation 0 Total TW Signage /Lighting Fee 50,000 Drainage Improvements Phase VI 0 Total Drainage Ph. VI Fee 183,000 Total Fee Amendment No. 11 327,000 Amendment No. 12 0 Additional Services: 0 Surveying 9,336 HIHGMEIKEVINSIGENVtIR_ restoredl20041mprovemenis \AE- PGAUAEAmdIBEAB 1.do Exhibit B Page 5 of 7 Total Fee Amendment No. 12 9,336 Amendment No. 13 0 Bid Phase Services — Revise Drainage Phase VI as Additive Alternate 1,500 Total Fee Amendment No. 13 1,500 Amendment No. 14 0 Conceptual Planning — Rental Car Facilities 14,100 Total Fee Amendment No. 14 14,100 Amendment No. 15 Perimeter Road Improvements 0 Basic Services: 0 Preliminary Phase Services 6,000 Design Phase Services 92,900 Bid Phase Services 3,026 Construction Phase Services 26,590 Additional Services: 0 Surveying 50,505 Total Perimeter Road Improvements 179,021 Airport Rescue and Firefighting Facility Basic Services: 0 Preliminary Phase Services 2,600 Design Phase Services 0 Pavement Design & Documentation 70,000 Building Design and Documentation 53,900 Bid Phase Services 3,000 Construction Phase Services 25,012 Additional Services: 0 Surveying 15,532 Total Airport Rescue and Firefighting Facility 170,044 Equipment Airfield Equipment and Maintenance Facility Basic Services: Preliminary Phase Services (Scope and Site Location — 15% Design) 25,000 Airfield Equipment and Maintenance Facility 25,000 Total Fee Amendment 15 374,065 Amendment 16 Construction Phase Services 41,457.00 Construction Inspection 218,287.80 Total Fee Amendment No. 16 259,744.80 Amendment No. 17 Design Phase Services 9,020 —171 - HA HOMEIKEVINSIGEMAIR_ restore7120041mprovements AE- PGALAEAmc118Exh8- 18.tloc Exhibit B Page 6 of 7 Total Amendment No. 17 9,020 Amendment No. 18 Equipment Airfield Equipment and Maintenance Facility Basic Services: Design Phase Services 146,446 Bid Phase Services 3,000 Construction Phase Services 26,541 Total Amendment No. 18 175,987 TOTAL AUTHORIZED FEE 3,073,820.80 Exhibit B Page 7 of 7 H:UIOMEV(EVINS \GEN1AIR restorech2004ImprovementsIAE- PGALV+EAmd1860 -1 S00 IN191 PIA P /12/200! r0.1MBdTNCRDJ \SHEETS \O9 Pro Ng and Saf*Ty pmM 0 ° OoO 0 o a Go 000 00 00 a 0 a 0 (n. 0o 00O 0 ° I n INTERNATIONAL DRIVE (NORTHBOUND) O 0 O * * * * * * 0 O * * '-\ 3o O °0 0 °0Q° °° o 0 0 ° 0 ' 0 O ° o 0` G 0O O 0 INTERNATIONAL DRIVE SERVICE RD irl 11 I1 1 111 I I 1 I,1 L_, PARMA -x= 4 1 PROP USN N 1 WA 1 n L � y ELECTRICAL 11. • D 0 ,c I.Iwe or OESCRIPTICM _1 a m,_ CONS Alrsrl 1fl 0UPYt MINK AIRFIELD EQUIPMENT AND MAINTENANCE FACILITY EXHIBIT 1 - PROPOSED SITE PLAN LOCATION e SKY7fl CORPUS CHRISTI Dept of Engineering Services cxhihit 1 13 CITY COUNCIL AGENDA MEMORANDUM COUNCIL ACTION DATE: January 13, 2009 AGENDA ITEM: Ordinance authorizing the City Manager or his designee to execute various Recreation Vehicle (RV) Site Leases with existing and new tenants of City property at the former Sunrise Beach RV Park at Lake Corpus Christi, for the duration of the City's operation and management of the park, with said leases to be on a month -to -month basis, as set forth in the attached Recreational Vehicle (RV) Site Lease form, and declaring an emergency. ISSUE: The City of Corpus Christi owns approximately 44 acres at the south end of Lake Corpus Christi, east of and adjacent to the Wesley Seale Dam. These acres were previously leased to Robert A. Roth doing business as Sunrise Beach RV Park. The lease expired in March 2008. City staff proceeded to accept bids for a new operator of the park. During the bid process, various questions were received from prospective bidders concerning the condition of the park infrastructure. City staff decided to perform a complete assessment of the park infrastructure and to have City personnel operate it effective January 1, 2009. The results of the assessment will determine whether the City will retain operation of the park permanently or if it will seek a new private operator through public sealed bids. In the meantime, month -to -month leases with the current tenants of the park will be implemented. As required by the City Charter, the lease of any City property requires City Council approval by ordinance. FUNDING: None RECOMMENDATION: Approval of the ordinance as presented. Attachments: Exhibit A. Exhibit B. Exhibit C. Background Information Park Location Map Recreational Vehicle (RV) Site Lease Pete Anaya, P.E. Director of Engineering Services H:WOME\EUSEBIOG \GENWgenda Items \Lake CC RV Park Site Leases\Agenda Memorandum.doc —1 7 7— BACKGROUND INFORMATION SUBJECT: Recreation Vehicle (RV) Site Leases — former Sunrise Beach RV Park Lake Corpus Christi, Texas BACKGROUND: The City of Corpus Christi currently owns approximately 44.3 acres at the southern end of Lake Corpus Christi, adjacent to the Wesley Seale Dam as shown on the attached Exhibit B. In 1972, a twenty year lease was originated for purpose of creating a campground and recreational vehicle park for weekend users. The lease was assigned to Mr. Robert A. Roth in 1982, who operated the park under the assumed name CC Sunrise Beach RV Park. The lease was again renewed in 1988 for a ten year period. The lease expired in March 2008, however was continued on a month to month basis until the City could renegotiate a new lease. Due to various parties interested leasing the campground,. City staff began preparation to advertise and accept sealed bids. In the process, various critical questions were received from the bidders concerning the campground's infrastructure, particularly the septic, electrical, and water supply systems. Other operational concerns were identified regarding the fishing pier, condition of existing building structures, campground safety, and security. City staff decided to perform a thorough and complete assessment of the campground prior to accepting bids. In September 2008, City Council directed staff to proceed with the assessment. City staff gave a ninety (90) day notice to the current operator to vacate the premises by December 31, 2008 so that the City could take over operations effective January 1, 2009. The campground is now operated by City personnel. The campground has several manufactured homes in place that are privately owned. These are long term tenants that have been there for various years. These tenants have requested that the City allow them to remain. City staff proposes to provide them a month to month lease at $250.00 per month and has obtained signed RV Site leases from twenty (20) of the tenants. The $250 fee has not been increased and is the same amount charged by the previous campground operator. The lease containing the terms and conditions is attached as Exhibit C. It is staff's objective to convert the campground back to weekend recreational use by motor homes and mobile recreational vehicles (RV) and not manufactured homes. Once a manufactured home is removed by the owner, the City will not permit another manufactured home to occupy the site. It is City staffs plan to continue with this month to month lease until the City's assessment is complete. Depending on the results, City staff will recommend either to continue operation of the campground by the City or to re -bid it out to a private operator on a proposed twenty year basis. PRIOR COUNCIL ACTION: 1. September 9, 2008 - Executive Session under §551.072 of the Texas Government Code for deliberations regarding the lease of real property adjacent to Lake Corpus Christi, with possible discussion and action related thereto in open session. EXHIBIT A Page 1 of 2 —178— 2. December 9, 2008 - Appropriating $150,000 of anticipated revenue from rental income at Sunrise Beach on Lake Corpus Christi in the No. 4010 Water Fund for the operation and maintenance of the Water Department's Facility at Sunrise Beach; changing the FY 2008 -2009 operating budget, adopted by Ordinance No. 027776, to increase proposed expenditures and anticipated revenues by $150,000. (Ordinance No. 027994) FUTURE COUNCIL ACTION: Acceptance of high bid and awarding of long term lease to new campground operator pending the results of the City's park infrastructure evaluation and assessment. H: \HOME\EUSEBIOG \GENWgenda Items\Lake CC RV Park Site Leases \Background.doc EXHIBIT A Page 2 of 2 —179— File : \Mproject \councilexhibits \exhCCLAKE.dwg Lakeside Mathis RV I E LOCATION Lake City LOCATION MAP NTS N Lake Corpus Christi VICINITY MAP NOT TO SCALE EXHIBIT 'B' CITY OF CORPUS CHRISTI - RV SITE LEASES FORMER "SUNRISE BEACH RV PARK" LAKE CORPUS CHRISTI, PC CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12/22/2008 MI, WIN CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division RECREATIONAL VEHICLE (RV) SITE LEASE [Month to Month] This lease agreement supersedes any and all, known or unknown, written and oral agreements. 1. PARTIES: The parties to this Lease are The City of Corpus Christi (Landlord) and collectively called (Tenant). 2. LEASE: Landlord leases to Tenant the Recreational Vehicle (RV) Site described in this Lease as Site Number _, former "Sunrise Beach RV Park ", Lake Corpus Christi, Park Road 25, Mathis, San Patricio County, Texas. 3. TERM: The term of this Lease commences on January 1, 2009 and will continue on a month to month basis, unless terminated earlier by reason of other provisions. 4. RENTAL: Tenant shall pay the Landlord as rental $250.00 per month. The rental payment must be made to the Landlord at the following mailing address: City of Corpus Christi Finance Dept. Accounts Receivable Division P. O. Box 9277 Corpus Christi, TX 78401 For after hours assistance please call the following 24/7 numbers below: Mathis Area - (361) 547 -2122, Outside -1- 800 - 928 -8942 A. Tenant is delinquent or in default if the Landlord has not received Tenant's rental payment on or before 5 p.m. on the 5th day of the due month. If the 5th day falls on a weekend or a holiday, payment may be tendered on the first business day thereafter. Any payment received after the deadline stated above will be assessed a late fee of ten ($10) dollars per day. Failure to pay within 30 days will be grounds for termination. Owner will be required to vacate property and remove all structure within 30 days after termination. B. Rents are subject to escalation on August 1St of every year. 5. UTILITIES: The tenant shall pay all utilities and service bills and fees connected with, including but not limited to electricity, gas, or other power, garbage disposal and pickup, and telephone. 6. USE OF PROPERTY: Tenant may use the Recreational Vehicle (RV) Site only for recreational vehicle (RV) parking and residential occupancy purposes. Tenant may not H:\HOME\EUSEBIOG \GEN\Agenda Items\Iake CC RV Park Site Lgagej\RV Site Lease.Exhibit C.doc EXHIBIT C Page lof7 assign the Lease or sublet any part of the Recreational Vehicle (RV) Site. Tenant agrees to abide by the Landlord's Rules and Regulations incorporated and attached into this Lease as Exhibit "A ". 7. CONDITION OF PROPERTY: Tenant accepts the Recreational Vehicle (RV) Site in its present condition and state of repair at the commencement of the Lease. Upon termination, Tenant shall surrender the Recreational Vehicle (RV) Site to Landlord in the condition originally accepted. 8. ALTERATIONS: Tenant may not alter the Recreational Vehicle (RV) Site without the prior written consent of the Landlord. Any improvements or fixtures placed on the Recreational Vehicle (RV) Site during the Lease must be removed by Tenant at the termination of the lease. All structures attached to the residential structure or RV shall be maintained by the Tenant. 9. PARK INSPECTIONS, EVALUATIONS AND REPAIRS: The Landlord reserves the right to enter the property and perform without prior notification periodic on -site monitoring, testing and evaluation of the infrastructure of the Park. 10. LAWS: Tenant shall comply with all applicable laws, restrictions, ordinances, rules and regulations with respect to the Recreational Vehicle (RV) Site. 11. REPAIR AND MAINTENANCE: Except as otherwise provided in this lease, Tenant shall bear all expenses of repairing and maintaining the Recreational Vehicle (RV) Site, including but not limited to the yard, trees and shrubs. Tenant shall promptly repair at Tenant's expense any damage to the Recreational Vehicle (RV) Site caused directly or indirectly by any act or omission of the Tenant or any person other than the Landlord, Landlord's agents or invitees. 12. INDEMNITY: In consideration of allowing Lessee to use the Premises, Lessee ( "Indemnitor ") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives and employees (collectively, "Indemnitees ") from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (1) Lessee's performance under this Lease; (2) Lessee's use of the Premises and any and all activities associated with the Lessee's use of the Premises under this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or by Indemnitees, or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents, or representatives or of Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or H:\HOME\EUSEBIOG \GEN\Agenda Items\ ake CC RV Park Site fins\RV Site Lease.Exhibit C.doc EXHIBIT C Page 2of 7 concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnities, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. Lessee covenants and agrees that, if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any the liability, injury, damage, loss, demand, claim, or action. 13. PARK CLOSURES: Landlord reserves the right to close the Park at any time for any duration due to safety and emergency issues arising from the inspection of the infrastructure and evaluation. The Landlord will give 60 day notice to the occupants of the possible Park closure. 14. DEFAULT: If Tenant fails to perform or observe any provision of this Lease and fails, within 24 hours after notice by Landlord, to commence to remedy such failure, Tenant will be in default. 15. TERMINATION: This lease terminates upon receipt of written notice from the Landlord. The Tenant shall vacate and surrender the premises and remove the recreational vehicle and all other property owned by the Tenant with 60 days of the Landlord's notice. 16. HOLDING OVER: Any possession by Tenant after the date the Tenant is required to vacate and surrender the premises creates a tenancy of sufferance, and does not operate to renew or extend the lease. The Landlord reserves the right to evict the Tenant without further notice. 17. NO POLITICAL DISPLAYS: Tenant agrees not to display any political or other signs on the premises or vehicles owned by Tenant. All vehicles not owned by the Tenant, if they display political or other signs, shall be parked in such a manner that said signs cannot be read from street. 18. NOTICES AND ADDRESSES: All notices, demands, requests or replies provided for or permitted by this Lease must be in writing and may be delivered by any 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 to the addresses stated below; (3) by paid telegram, or (4) by deposit with an overnight express delivery service at the same address specified in paragraph 4. Tenant must obtain, at Tenants cost, a private postal mail box and address. 19. ON -SITE SEWER FACILITY: If the Tenant possesses a private sanitary sewer system, Tenant is required as a condition of this Lease, to submit information attached in Exhibit `B ". H:\HOME\EUSEBIOG \GEN\Agenda Items\ ake CC RV Park Site icxag\RV Site Lease.Exhibit C.doc EXHIBIT C Page 3of 7 20. MODIFICATIONS: No changes or modifications to the Lease may be made, nor any provision waived, unless in writing signed by a person authorized to sign agreements on behalf of each party. By Lessee's execution, thereof, Lessee acknowledges that Lessee has read this Lease and Understands that this Lease is not binding on the Landlord until properly authorized by Kevin Stowers, Interim Director of Engineering Services of the City of Corpus Christi, Texas or his designee. Executed in duplicate on this the day of , 2008 LESSOR CITY OF CORPUS CHRISTI, TEXAS Kevin Stowers, Interim Director Department of Engineering Services THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me, on , 2008 by Kevin Stowers, Interim Director of Engineering Services of the City of Corpus Christi, a Texas municipal corporation, on behalf of said municipal corporation. Notary Public in and for the State of Texas [Seal] H:WOME\EUSEBIOG \GEN\Agenda Items\Lake CC RV Park Site.LaarRV Site Lease.Exhibit C.doc EXHIBIT C Page 4of 7 LESSEE Tenant Signature Print Name THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me, on , 2008 by Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM THIS DAY OF , 2008 FOR THE CITY ATTORNEY By: Veronica Ocanas, Assistant City Attorney CITY LEGAL DEPARTMENT H:'HOME\EUSEBIOG \GEN\Agenda Items\Lake CC RV Park Site Lex9B\RV Site Lease.Exhibit C.dcc EXHIBIT C Page 5of 7 EXHIBIT "A" RECREATIONAL VEHCILE (RV) PARK LEASE LANDLORD RULES AND REGULATIONS NOTICE: These rules and regulations are adopted to maintain and enhance the safety and appearance of the Recreational Vehicle (RV) Site. From time to time Landlord, at its discretion, may amend these rules and regulations for the purpose for which they were adopted. Under the above referenced Lease, Tenant agrees to comply with these rules and regulations as they may be amended. Exceptions or waivers must be authorized by Landlord in writing. "Recreational Vehicle (RV) Site ", is where the leased premises are located, inclusive of any common areas, drives, parking areas and walks. A. Equipment or any personal property may not be stored on the Recreational Vehicle (RV) Site, except for inventory within the leased premises necessary for Tenant's normal living operations. B. No food is permitted for commercial sale other than for Tenant's consumption. C. The Recreational Vehicle (RV) Site may not be used for lodging or sleeping quarters in any manner other than for personal use. D. No animals or pets may be brought unto or kept on the property unless approved by the City in writing. Exceptions are made for seeing eye dogs or those permitted by law. E. No obstruction or interference that impedes use of common areas, walks, drives, loading areas, parking areas, is permitted on the property. F. Persons parking on the property must comply with all posted signs and directories regulating the parking areas. G. No flammable, toxic, noxious, or hazardous materials may be kept on the Recreational Vehicle (RV) Site. H. Tenant's moving in or out of the Recreational Vehicle (RV) Site must use the designated entrances during the move. All moves must be made at times that do not cause inconvenience in the normal use of the Recreational Vehicle (RV) Site. I. Leased premises must be kept clean and free of debris. Trash must be deposited into appropriate receptacles. J. No modification to the Recreational Vehicle (RV) Site and leased premises may be made unless authorized by Landlord, in writing, or permitted by the Lease. K. No illegal or offensive activity is permitted on the Recreational Vehicle (RV) Site nor is any activity that constitutes a nuisance or interferes with the right of other tenants. L. Unless specifically authorized by Landlord, no solicitation or business operations are permitted on the Recreational Vehicle (RV) Site or common areas. M. No hunting or use of firearms is permitted on the property. Fishing and licenses must comply with all the regulations as set forth by the Texas Parks and Wildlife Department. Fishing areas will be designated by the Park Manager /Operator. N. Use of the common area and community buildings will be regulated by Landlord. O. Other: 1. Entrance gates will be closed at 10 p.m. at night for security reasons. 2. No "FOR SALE" signs will be permitted on R.V. sites. 3. Use of ATV's, go -carts, scooters, and mini -bikes is prohibited on Park property. P. For after hours assistance please call the following 24/7 numbers below: Mathis Area - (361) 547 -2122, Outside -1 -800- 928 -8942 H:\HOME\EUSEBIOG \GEN\Agenda Itcros\Lake CC RV Park S1 I,GRies\RV Site Ir.ase.Exhibit C.doc EXHIBIT C Page 6of 7 EXHIBIT `B" INDIVIDUAL /TENANT INSTALLED ON -SITE SEWER FACILITY SITE # A. Description: 1. Type of Treatment System: ❑ Septic Tank, ❑ Aerobic Treatment, 2. Type of Distribution System: 3. Approximate location of Drain Field or Distribution System: 4. Installer: 5. Approximate Age: B. Maintenance Information: 1. Is Tenant aware of any maintenance contract in effect for the on -site sewer facility? If yes, name of: Contractor: Phone: Contract Expiration Date: 2. Approximate date any tanks were last pumped? 3. Is Tenant aware of any defect or malfunction in the on -site sewer facility? If yes, explain: 4. Does Tenant have manufacturer or warranty information available for review? HAHOME\EUSEBIOG \GEN\Agenda Items \Lake CC RV Park Sitr—Ltiftelk&V Site Lease.Exhibit C.doc EXHIBIT C Page 7of 7 ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE VARIOUS RECREATION VEHICLE (RV) SITE LEASES WITH EXISTING AND NEW TENANTS OF CITY PROPERTY AT THE FORMER SUNRISE BEACH RV PARK AT LAKE CORPUS CHRISTI, FOR THE DURATION OF THE CITY'S OPERATION AND MANAGEMENT OF THE PARK, WITH SAID LEASES TO BE ON A MONTH -TO -MONTH BASIS, AS SET FORTH IN THE ATTACHED RECREATIONAL VEHICLE (RV) SITE LEASE FORM, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee are authorized to lease city property located at Lake Corpus Christi, formerly known as "Sunrise Beach RV Park," as recreational vehicle sites to existing and to new tenants on a month -to -month basis for the period of time that the City continues to operate and manage the property not to exceed 11 months, and to execute said leases in a format similar to or the same as the attached lease form. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this Ordinance is passed and shall take effect upon first reading as an emergency this the 13th of January, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Appro ed %as to form: 31- Dec -08 bvcy By: ,V Veronica Ocanas Assistant City Attorney for City Attorney Henry Garrett Mayor 011309 ORD lease Sunrise Beach property ry sites —188— Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL, Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor 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 011309 ORD iease Sunrise Beach property ry sites —189— 14 AGENDA MEMORANDUM AGENDA ITEM: January 13, 2009 a. Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by Marie Keast, LLC, owner and developer of Bahia Vista Unit 1, located east of Waldron Road and north of Crestline Street, for the installation of 769 linear feet of 10 -inch PVC sanitary sewer collection line; and b. Ordinance appropriating $124,200.00 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse Marie Keast, LLC for the installation of 769 linear feet of 10 -inch PVC sanitary sewer collection line for development of Bahia Vista Unit 1 as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement; and declaring an emergency. ISSUE: Marie Keast, LLC, owner and developer of Bahia Vista Unit 1, will start the installation of an off -site 10 -inch PVC sanitary sewer collection line beginning at the Bahia Vista Unit 1 east property line and extending approximately 769 linear feet to the proposed Lola Johnson Lift Station located on Jamaica Drive, once the City Council approves the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement and appropriates funds to reimburse the developer for installation costs from the Sanitary Sewer Collection Line Trust Fund in compliance with the Platting Ordinance, Section V.B.6. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. e Bob Nix, AICP ACM of Development Services Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Background Information Location Map Schematic Diagram of Proposed Wastewater System Construction Application for Sewer Line Reimbursement Construction Cost Estimate Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement -193- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The platting and development of Bahia Vista Unit 1, as shown on the location map and preliminary plat for the project (Exhibit B), requires the off-site extension of a 10 -inch PVC sanitary sewer collection line. The off -site portion of the sanitary sewer collection line will begin at the east property line of Bahia Vista Unit 1 and extend to the east approximately 600 feet to a proposed manhole located near the intersection of Jamaica Drive and Lola Johnson Road. From the proposed manhole, the collection line extension will extend northward along Jamaica Drive approximately 169 linear feet and terminate at a proposed manhole located adjacent to the proposed Lola Johnson Lift Station, as shown on the attached schematic plan (Exhibit C). The 10 -inch sanitary sewer collection line is required to provide sanitary sewer service to Bahia Vista Unit 1 and is eligible for reimbursement as a sanitary sewer collection line in accordance with the Platting Ordinance. The Bahia Vista Unit 1 plat was approved by the Planning Commission on March 19, 2008. The developer submitted an Application for Collection Line Construction and Reimbursement Agreement (Exhibit D) and a Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement (Exhibit F) with supporting documentation in compliance with provisions of the Platting Ordinance. In accordance with the reimbursement criteria in Section V.B.6.f)(2) of the Platting Ordinance, the developer of Bahia Vista Unit 1 is eligible for a maximum reimbursement equivalent to 50% of the mathematical product obtained by multiplying the off -site pipe diameter in inches by the fee value of the property being platted. The calculated acreage fee value for this property is $24,840.00 and the average pipe diameter being installed is 10 inches. Therefore, the maximum reimbursement is ($24,840.00 x 10) x 50% = $124,200.00. The total construction cost (Exhibit E) submitted by the developer for the installation of the 769 linear feet of 10 -inch sanitary sewer collection line is $183,660.50. Reimbursement will be payable upon completion and acceptance of the sanitary sewer collection line work. Maximum reimbursement, however, will be limited to the $124,200.00 amount. Exhibit A Page 1 of 1 -194- MATCHLINE :CC ::::CCECCGCCCCZC ::: :m 8880808888088888888888018888880 .. 4 .4 4 ..:!:..;.....::i ••949981!14!! 11'44444 44 42445444444 88814114114181188l 1, 1! 11181 4144 i 444:188:84. w! 44454!! 34!ai455;r:481 444448484444884184 41•.84 w41r4144atu41rsu:14114un41u41 i{!4! 444 SS4.4!4 {S { {SS {SS { {{ S {SSi SSSSS4 {{ {L {S iiiiiiiiiiiiiiiiiiiiiii ii{IIIMiiiiiiiiiii MATCHLINE s 15844414484851444844 144448481141148441 :1 4 S{S{ {S {S S{4= .5 {S {S{{{ Iiiiiiiiiii{IIIIIII! J tP I I I •oa •I! I 2 EXHIBIT B LAGUN4 ,MARE- WASTEWATER LINE FOR BAHIA VISTA SUEOIVISION UNIT 1 (BY OTHERS) BEGIN WASTEWATER COLLECTION LINE 12 RE RANG VISTA S VISION /Od 50' NIT S PROPERTY LIM EXISTING OWN LINK FENCE EXISTING U' WATERLEIE II II o' u.E L CUSTOM POWER POLE TO EE RELOCATED SYAM PRIOR TO CONSTRUCTION. COSTING PAW TREES TO BE RELOCATED PRIOR TO cOGETwCTOIL CODRONATE C1m OWNERS FOR EXACT =ATXNE. (4 TOM) 0 r ETBETNa WOOD a METAL �6) GATE TO RE RELOCATED • PRIOR TO ONSIRUCTWN. RN COORONATE wOWNERS cji FOR EXACT LOCATION. t i8' WASTING NAEBOXES TOSE RELOCATE) PRIOR TO CONS1 W IGTION.00mmI W TE WITH OWNERS FOR EXACT LOOM O W 0 t0TALI TIE INTO LOLA JOHNSON LIFT STATION MANHOLE WWMH-A1 10' 9.L1 JAMA A D 20• a.L 20 9L s' U•E• —•4 — LOLA J ml BELT 68 SUBD. 2 SCAB. M1 100' LEGEND WASTEWATER: — teNPN— EXISTING WASTEWATER (LABELED) - 1B'WW■ PROPOSED 10' PVC WASTEWATER — io'WW— FUTURE 10' PVC WASTEWATER O EXISTING WASTEWATER MANHOLE O LOLA JOHNSON LIFT STATION WASTEWATER MANHOLE • PROPOSED WASTEWATER MANHOLE - - - -- EXISTING GRADE PROPOSED GRADE FUTURE GRADE WASTEWATER COLLECTION SYSTEM CONSTRUCTION NOTES: PROPOSED 5' W WMH -81 TR • 9.75 INV. = -0.35 PROPOSED 4' WWMH -A2 TRt • 5.48 INV. - 7.52 SIPROPOSED 125 LF. OF 10' ASTM 0 -3034 PVC WASTEWATER UNE @ 0.25% PROPOSED 460 LF. OF 10' ASTM D -3034 PVC WASTEWATER LINE 0) 0.25% PROPOSED 5 L.F. OF 8' ASTM D-3034 PVC WASTEWATER LINE 0 0.40%,1-3' PVC CAP AT THE END OF THE LINE AND 1.8' PVC PLUG INSIDE OF THE MANHOLE. PROPOSED 1M L.F. OF 10' ASTM 0-3034 PVC WASTEWATER UNE a 0.2694 SI PROPOSED 10' CAP SCHEMATIC PLAN SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THIS DOCUMENT IS RELEASED UNDER THE AUTHORIY OF: J. DON REHMET, P.E., R.P.L.S. TX. P.E. REG. NO. 36151 FOR INTERIM REVIEW PURPOSES ONLY AND SHALL NOT BE USED FOR CONSTRUCTION, BIDDING OR PERMIT PURPOSES. DATE: 08 -22 -2008 Exhibit C AUGUST 22, 2008 CRGN: 20D97C , yaCoymR Aghast 1 P. Gatiagm 5 5856 Ruth SIaplas, Suite 230 Corpus Christi, Texas Phone (3611)991.85507 Fa ) Fax 993 -7569 E -Mail Og@crgel.00m —196— APPLICATION FOR (LIFT STATION) (TRUNK MAIN) (COLLECTION LINE) CONSTRUCTION AND REIMBURSEMENT AGREEMENT ft44 4.A61. �p I I owner and developer of the proposed l%#I+ IA ' 1544 W 14 3-- Subdivision, hereby request reimbursement of $ 124 110 for the installation of the (lift station) (trunk main) (collection line) in conjunction with '-6414/ 4 'I 2Sf/4 Lfnlvd .E Subdivision, as provided for by City Ordinance No. 17396. Said $ /24, 1O .00 is the construction cost, including engineering cost, as shown by the cost supporting documents attached herewith. THE STATE OF TEXAS )( j 2A VS5' COUNTY OF NUECES )( " /-c-o% Developer) (Date) This instrument was acknowledged before me on OC' OAw;;/ vim 20th Z, By D;rvzP /CtAS r Texas Corporation, on behalf of said corporation). CERTIFICATION (a Notary Public in and for the State of Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the (Trunk Line) (Collection Line) Trust Fund, and (b) approval and appropriation by the City Council. aaz2 ii,A t, � Developmentftervices Engineer �7� <I rerririrrirerrIM -197- PATRICK T GRAY My Commission Expires June 3, 2012 7/07/6 9 ((Date) EXHIBIT 0 BAHIA VISTA SUBDIVISION OFF-SITE COLLECTION LINE TO LOLA JOHNSON LIFT STATION CORPUS CHRISTI, TEXAS COST BREAKDOWN SANITARY SEWER COLLECTION LINE EXTENSION AND CONSTRUCTION REIMBURSEMENT AGREEMENT AUGUST 22, 2008 CONSTRUCTION COSTS See Attachment "A" Detailed Bid Tabulation, Items 1 -16: ENGINEERING Basic Services Preliminary Phase Design Phase Construction Phase $156,455.00 10% CONTINGENCIES 515,645.50 TOTAL. CONSTRUCTION COST $172,100.50 $1,020.00 56,790.00 $3,750.00 TOTAL ENGINEERING COST 511,560.00 TOTAL PROJECT COST 5183,660.50 COYM, RERMET @ GUTIERREZ ENGINEERING, L.P. 36361100m, Sda 230 Capin Midi TX 74411 (561)991.5550 FAX (361)993.7569 Email as r/000 m Exhibit E -198- 8/22/2008 Job No. 20097c SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT BAHIA VISTA SUBDIVISION OFF -SITE COLLECTION LINE TO LOLA JOHNSON LIFT STATION 1 1 L.S. Clearing & Grubbing, complete and in place per lump sum. $3,000.00 $3,000.00 2. 5 L F 8" SDR 26, Gravity Sanitary Sewer 12' -14' Depth, complete and in place per linear foot. $100.00 $500.00 3. L F 10" SDR 26 Gravity Sanitary Sewer 12' -14' Depth, complete and in place per linear foot. $105.00 $29,820.00 4, 130 10" SDR 26 Gravity Sanitary Sewer 14' -16' Depth, complete and in place per linear foot. $120.00 $15,600.00 5. L. 10" SDR 26 Gravity Sanitary Sewer 16' -18' Depth, complete and in place per linear - foot. $130.00 846,150.00 6 1 EACH 4' Diameter FRP Manhole 12' -14' Depth, complete and in place per each. $20,000.00 $20,000.00 7 1 EACH 5' Diameter FRP Manhole 16' -18' Depth, complete and in place per each. $30,000.00 $30,000.00 8 1 EACH 8" Plug Inside of Proposed Manhole, complete and in place per each. $550.00 $550.00 9. EA 8° Cap, complete and in place per each. $85.00 $85.00 10. EALH 10" Cap, complete and in place per each. $130.00 $130.00 11. 774 L.F. Dewatering for Sewer Lines & Manholes, complete and in place per linear foot. $1.00 $774.00 12. 774 L.F. OSHA Trench Protection (A11) Depths, complete and in place per linear foot. $4.00 $3,096.00 13. 5 EACH Mailbox Relocation, complete and in place per each. $50.00 $250.00 14. 4 EACH Palm Tree Relocation, complete and in place per each. $500.00 $2,000.00 15. 1 EACH Wood and Metal Gate Relocation, complete and in place per each. $500.00 $500.00 i6. 1 L.S. Exploratory Excavations, complete and in place per lump sum. $4,000.00 $4,000.00 TOTAL BASE SID BAHIA VISTA UNIT 1 OFF -SITE GRAVITY SEWER BID ITEMS (1 -16) $156,455.00 ATTACHMENT "A" Page 1 of 1 -199- EXHIBIT E SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi ( "City "), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, Corpus Christi, Texas, 78469 -9277, and Marie Keast, LLC, a Texas limited liability corporation, 4916 Marador Drive, Austin, Texas 78735 ( "Developer"). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat, approved by the Planning Commission on January 9, 2008, to develop a tract of land of approximately 68.17 acres called Bahia Vista west of Laguna Shore Road and north of Lola Johnson Road, as shown in the attached Exhibit 1; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of Sanitary Sewer Collection Line Extension ( " "); WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of Collection Line Extension; WHEREAS, it is to the best interest of the City that Collection Line Extension, be constructed to its ultimate capacity under the Master Plan; WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds become available and are appropriated by City Council; and WHEREAS, Developer has submitted an application for reimbursement of the costs of installing the Collection Line Extension (Exhibit 2); NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the Collection Line Extension, in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Collection Line Extension, as shown in Exhibit 3, with the following basic design: Page 1 of 8 Bahia Vista U1 SS Collection Line Constr and Reimb Agran0jr12292008 1. Install 786 linear feet of 10 -inch PVC sanitary sewer collection line 2. Install 3 (three) 4 -foot diameter fiberglass manholes. 3. Provide 786 linear feet of Trench Dewatering. 4. Install 786 linear feet of Class D Wastewater Sewer Line Embedment. 5. Provide 786 linear feet of OSHA Trench Protection. b. The Collection Line Extension must begin at the east property line of Bahia Vista Unit 1 and extend to the east approximately 600 feet to a proposed manhole located near the intersection of Jamaica Drive and Lola Johnson Road. From the proposed manhole, the Line Extension extends north along Jamaica Drive for approximately 186 linear feet and terminates at a proposed manhole located adjacent to the proposed Lola Johnson Lift Station. c. The plans and specifications must comply with City Standard Wastewater Detail Sheets and Standard Specifications. d. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Collection Line Extension, Developer shall acquire and dedicate to the City the required additional utility easements ( "Easements "), if necessary for the completion of the Collection Line Extension. If any of the property needed for the Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the Platting Ordinance for the area of the Collection Line Extension. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and complete the Collection Line Extension, under the approved plans and specifications, by October 31, 2009. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. Page 2of8 Bahia Vista U1 SS Collection Line Constr and Reimb Agree ZPrtj 72292008 8. DEFAULT. The following events shall constitute default: 1. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. 2. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 60th calendar day after the date of approval by City Council. 3. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 90th calendar day after the date of approval by City Council. 4. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. 5. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before [Completion Date]. 6. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this agreement, the non - defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ( "Cure Period ") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non - defaulting party may pursue its remedies in this section. d. Should Developer fail to perform any obligation or duty of this agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. Page 3 of 8 Bahia Vista U1 SS Collection Line Constr and Reimb AgreZ MFjr 12292008 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent effected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer: Marie Keast, LLC 4916 Marador Drive Austin, Texas 78735 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P. 0. Box 9277 Corpus Christi, Texas 78469 Page 4 of 8 Bahia Vista U1 SS Collection Line Constr and Reimb Agreema%aDja12292008 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change of address for notices by giving notice of the change under the provisions of this section. 12. THIRD -PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253 and must be in the form and substance as attached to this Agreement. 14. WARRANTY. Developer shall fully warranty the workmanship of and function of the Force Main and Lift Station and the construction of the Force Main and Lift Station for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 15. REIMBURSEMENT. a. Subject to the appropriation of funds, the City will reimburse the Developer 100% of the reasonable cost of the Collection Line Extension, not to exceed [Reimbursement Amount]. See attached cost estimate (Exhibit 4). b. The City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 -days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. Page 5 of 8 Bahia Vista U1 SS Collection Line Constr and Reim!) Agr!2rQ4r1r 12292008 16. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees ( "Indemnitees ") from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to the construction of the Lift Station and Force Main by Developer. 17. COVENANT RUNNIG WITH THE LAND. This Agreement is a covenant running with the land, [Subdivision], a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. 18. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 5. 19. EFFECTIVE DATE. This agreement becomes effective and is binding upon and inures to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution by all parties. 20. AUTHORITY. The person signing this Agreement on behalf of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN DUPLICATE originals, this day of , 2009. ATTEST: THE CITY OF CORPUS CHRISTI By: Armando Chapa 'Angel R. Escobar City Secretary City Manager APPROVED AS TO FORM: day of , 2009 R. Jay Reining First Assistant City Attorney for the City Attorney Page 6 of 8 Bahia Vista U1 SS Collection Line Constr and Reimb Agreem T2292008 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2009, by 'Angel R. Escobar, City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas DEVELOPER: Marie Keast, LLC By: avid Keast Manager THE STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before David Keast, Manager, Marie Keast, LLC , of the corporation. VAal� �I . iE)A Notary Public, State of Texas me on klAtA.OLAM S , 2009, by a Texas limited liab' ty corporation, on behalf .;:Ct6Yk SHANA l JENKINS It ` i Notary Public, State of Texas d My Commission Expires June27,2012 Page 7 of 8 Bahia Vista U1 SS Collection Line Constr and Reimb Agree2Q6jr12292008 EXHIBIT 1 [Copy of Plat] EXHIBIT 2 [Reimbursement Application] EXHIBIT 3 [Map Showing Location of Infrastructure Improvements] EXHIBIT 4 [Cost Estimate] EXHIBIT 5 [Disclosure of Interest Form] Page8of8 Bahia Vista Ui SS Collection Line Constr and Reimb AgreemZ9r7 /2292008 •••••• - •MN••••• •••• N•• B1 iiiiiiiliirniiiliiiiiiiiill1! : : :!1: : :::::: : : : : ::!1::::::::1 ::::t: :: :: : :: :!`5i :: ::a 511 r141147441541 ;15144W 51445144444411 C301416C;:xuiuuinaii;4i.. R4x51Riuri;i INUICitS.t:=.itttittititi4114+ tiiiitiitti wi555555 xianxrrssr: 4445155x1nx :r Rxrxrr 05555 Ri5i 1x 1151515M55R 5RMi555 su;1C1111C5i ii$tttittttiltitiiti itiiliittii t'=.ittt Ytit1 MAT,C1ILINE •x-.451:lI 51 rr :51111 11,,i1,; s l i e: rt.i: r ttiStitttiitiiiitRli 1. ij19 — T _ ${ 1 :1 11 5a I 11 1 1 $ H'uI i!liiill!liiil 1111;; h '1; i li i'''a'' i 1 1'111155 •05 1 EXHIBIT 1 LAGUNA MADRE APPLICATION FOR (LIFT STATION) (TRUNK MAIN) (COLLECTION LINE) CONSTRUCTION AND REIMBURSEMENT AGREEMENT 1, M� IkAt Ut 1g414.,4 QV s4A owner and developer of the proposed Subdivision, hereby request reimbursement of _$ 124 la, for the installation of the (lift station) (trunk main) (collection line) in conjunction with 'g4 414 tAq-4 (Ala S. Subdivision, as provided for by City Ordinance No. 17396. Said $ l24, 109.00 is the construction cost, including engineering cost, as shown by the cost supporting documents attached herewith. THE STATE OF TEXAS )( Taak COUNTY OF NUECES )( By 14s- I_ toI Developer) (Date) This instrument was acknowledged before me on Q G J At 0 An-by 20Q9, pfrvro K.CA$ r , (a Texas Corporation, on behalf of said corporation). Z eZ Notary Public in and for the State of Texas CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the (Trunk Line) (Collection Line) Tmst Fund, and (b) approval and appropriation by the City Council. /m"4t V k ervices Engineer earfilaahasitmarrawerisalawilaa h` -209- PATRICK T GRAY My Commission Expires June 3, 2012 Date) I EXHIBIT 2 I WASTEWATER LSE FOR DANIA VISTA SUBDIVISION UNIT 1 (BY OTHERS) )1 IBEGIN WASTEWATER COLLECTION LINE E11SI1N0 CHAIN UNf FEM1CF ( 11 12 P11 E IAHIA WM Sy NIT I PROPERTY UMW II 10' U E —3I-- WTRLI WAWNE T9NE DBBTNO PAW TREE TO BE REIOCATEUPRORTO CONBTR C1100 W I1 DTNew FOR ENACT LOCATORS (4 TOT') EO DOHRNEAD UNE EOMTING GONER POE TOEE RELOCATED CRIMP MINOR TO CONSTRUCTION. METING WOOD •INTAL GATE 70 SE RELOCATED PRIOR TO 0NSTMICT)N, COORDINATE WTI OWNERS FOR E141CTLOCM110II. t 11' 6' SMUG MAILBOXES TOBE RELOCATED MGR TO CONETRUCTIORCa0WNME WRN OWNERS RIREMT LOCATIONS. (5 TOfu) T TIE INTO LOLA JOHNSON LIFT STATION MANHOLE W WMH.A1 T _ _ +it JAMAICA D 20' B.L 69 LOA J 68 HS • 1 R 4 I, 20 B.L 4' U•E. 1 BEL{C SUBD. G. 1 2 'DR gF�3 NG W SCALE: h/00' LEGEND WASTEWATER: —to W— EXISTING WASTEWATER (LABELED) — I0'W W— PROPOSED 10' PVC WASTEWATER — TOWN— FUTURE 10' PVC WASTEWATER O EXISTING WASTEWATER MANHOLE O LOLA JOHNSON LIFT STATION WASTEWATER MANHOLE • PROPOSED WASTEWATER MANHOLE EXISTING GRADE PROPOSED GRADE — — FUTURE GRADE WASTEWATER COLLECTION SYSTEM CONSTRUCTION NOTES: PROPOSED 5' WWMH •81 TR • 9.15 INV. •• 835 •PROPOSED 4' WWM14-A2 TIR • 5.48 INV. ••7.52 PROPOSED 125 L.F. OF 10' ASTM 0-3034 PVC WASTEWATER LINE O 0.25% PROPOSED 480 LF. OF 10' ASTM 0-3034 PVC WASTEWATER LINE © 025% PROPOSED 5 LF. OF 8' ASTM D3034 PVC WASTEWATER LINE 9D 0.40%14' PVC CAP AT THE END OF THE LINE AND 1-8' PVC PLUG INSIDE OF THE MANHOLE. PROPOSED 184 L.F. OF 10' ASTM 0-3034 PVC WASTEWATER LINE fp 0.26% ® PROPOSED 10' CAP SCHEMATIC PLAN SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THIS DOCUMENT 5 RELEASED UNDER THE AUTHORITY OF: J. DON REHMET. P.E., R.P.L.S. TX. P.E. REG. NO. 36151 FOR INTERIM REVIEW PURPOSES ONLY AND SHALL NOT BE USED FOR CONSTRUCTION, BIDDING OR PERMIT PURPOSES. DATE: 08 -22 -2008 EXHIBIT 3 AUGUST 22, 2008 CRGR 20097C .pC,Et,ymE,,,'Ebd i Cadens 5858 Soa81 Staples, State 230 Carpus CJUlE L Texas 18411 Phone (381) 9914550 Fax 993 -7589 E-Mall arggagel.aom -210- BAHIA VISTA SUBDIVISION OFF -SITE COLLECTION LINE TO LOLA JOHNSON LIFT STATION CORPUS CHRISTI, TEXAS COST BREAKDOWN SANITARY SEWER COLLECTION LINE EXTENSION AND CONSTRUCTION REIMBURSEMENT AGREEMENT AUGUST 22, 2008 CONSTRUCTION COSTS See Attachment "A" Detailed Bid Tabulation, Items 1 -16: ENGINEERING Basic Services Preliminary Phase Design Phase Construction Phase $156,455.00 1O% CONTINGENCIES $15,645.50 TOTAL CONSTRUCTION COST $172,100.50 $1,020.00 $6,790.00 $3,750.00 TOTAL ENGINEERING COST $11,560.00 TOTAL PROJECT COST $183,680.80 COYM, RZIIMST & GU'IIERREZ ENGINEERING, L.P. 5656 S. So-pies. SVie 230 Caps Christi, TX 913411 (561) 991-1550 FAX (M119934569 Email: tracrecimm EXHIBIT 4 -211- 8/22/2008 Job No. 20097c SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT BAHIA VISTA SUBDIVISION OFF -SITE COLLECTION LINE TO LOLA JOHNSON LIFT STATION 1 1 L.S. Clearing 6 Grubbing, complete and in place per lump sum. $3,000.00 $3,000.00 2. L F 8" SDR 26, Gravity Sanitary Sewer 12' -14' Depth, complete and in place per linear foot. $100.00 $500.00 3, i Fq 10" SDR 26 Gravity Sanitary Sewer 12' -14' Depth, complete and in place per linear foot. $105.00 $29,820.00 4. LIFO 10" SDR 26 Gravity Sanitary Sewer 14' -16' Depth, complete and in place per linear foot. $120.00 $15,600.00 5. L3 F5 10" SDR 26 Gravity Sanitary Sewer 16' -18' Depth, complete and in place per linear foot. $130.00 $46,150.00 6 1 EACH 4' Diameter FRP Manhole 12' -14' Depth, complete and in place per each. $20,000.00 $20,000.00 7 1 EACH 5' Diameter FRP Manhole 16' -18' Depth, h complete and in place per each. $30,000.00 $30,000.00 8 1 EACH 8" Plug Inside of Proposed Manhole, complete and in place per each. $550.00 $550.00 9. EACH 8" Cap, complete and in plane per each. $85.00 $85.00 10. EACH 10" Cap, . complete and in place per each. $130.00 $130.00 11. 774 L.F. Dewatering for Sewer Lines & Manholes, complete and in place per linear foot. $1.00 $774.00 12. 774 L.F. OSHA Trench Protection (All) Depths, complete and in place per linear foot. 54.00 $3,096.00 13. 5 EACH Mailbox Relocation, complete and in place per each. $50.00 $250.00 14. 4 EACH Palm Tree Relocation, complete and in place per each. $500.00 $2,000.00 15. 1 EACH Wood and Metal Gate Relocation, complete and in place per each. $500.00. $500.00 16. 1 L.S. Exploratory Excavations, complete and in place per lump sum. 54,000.00 $4,000.00 TOTAL SASE BID BABIA VISTA UNIT 1 OFF -SITE GRAVITY SEWER BID ITEMS (1 -16) $156,455.00 EXHIBIT 3 ATTACHMENT "A" Page 1 of 1 -212- EXHIBIT 4 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons orfirms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". FIRM NAME lithe( 4 et'— STREET: 41/lo flt,e,Fo©, bit- CITY: As—fr"/ eg ZIP: 76735 FIRM is: 1. Corporation 2. Partnership 3. Sole Owner 4. Association 5. Other Lm,/CO Lr4-B,/>47 Cosk/4rry 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) 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 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 Consultant CERTIFICATE I 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: Z)/147/ b ��.Nt7 y Title: �t� [-- (Type or Print) Signature of Certifying Person: Date: / — S Dy -213- Page 1 of 2 AN ORDINANCE APPROPRIATING $124,200.00 FROM THE NO. 4220 SANITARY SEWER COLLECTION LINE TRUST FUND TO REIMBURSE MARIE KEAST, LLC, FOR THE INSTALLATION OF 769 LINEAR FEET OF 10 -INCH PVC SANITARY SEWER COLLECTION LINE FOR DEVELOPMENT OF BAHIA VISTA UNIT 1, AS SPECIFIED IN THE SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $124,200.00 from the No. 4220 Sanitary Sewer Collection Line Trust Fund is appropriated to reimburse Marie Keast, LLC, for the installation of 769 linear feet of 10 -inch PVC sanitary sewer collection line for development of Bahia Vista Unit 1, as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement. 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 shall take effect upon first reading as an emergency this the of January, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary • Mayor APPROVED as to form: January 5, 2009 By: R y Ceinin irst Assist nt City Attorney For City Attorney H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \ 1 -13nti Approp- SanS ewerColILine -Keast- BahiaVista- emerg.doc Page 2 of 2 Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor 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 H:LLEG -DI R \Shared \LEGAL -DE V.SVCS\2009 Age ndaU -- 2317.PProp- SanSewerColI Line- Keast- 6ahiaV ista- emerg.doc 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12/09/08 AGENDA ITEM: a) Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Del Mar College District in connection with the City of Corpus Christi Municipal Separate Storm Sewer System (MS4) Texas Pollutant Discharge Elimination System (TPDES) Permit. b) Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Port of Corpus Christi Authority in connection with the City of Corpus Christi Municipal Separate Storm Sewer System (MS4) Texas. Pollutant Discharge Elimination System (TPDES) Permit. c) Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Texas A &M University — Corpus Christi in connection with the City of Corpus Christi Municipal Separate Storm Sewer System (MS4) Texas Pollutant Discharge Elimination System (TPDES) Permit. d) Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Texas Department of Transportation in connection with the City of Corpus Christi Municipal Separate Storm Sewer System (MS4) Texas Pollutant Discharge Elimination System (TPDES) Permit. ISSUE: New Interlocal Agreements between the City of Corpus Christi and its four MS4 TPDES copermittees are required in order to reflect responsibilities of each party under the new Permit. REQUIRED COUNCIL ACTION: The City must enter into these Interlocal Cooperation Agreements to comply with the MS4 TDPES Permit. Each Interlocal Cooperation Agreement must be approved by a Resolution of the City Council. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Interlocal Cooperative Agreements. -219- \cal•rie H. Gi y, P D ector of Storm V Vater and Street Operations Attachments: Background Information Resolution for, and Del Mar College District Interlocal Cooperative Agreement Resolution for, and Port of Corpus Christi Authority Interlocal Cooperative Agreement Resolution for, and Texas A &M University — Corpus Christi Interlocal Cooperative Agreement Resolution for, and Texas Department of Transportation Interlocal Cooperative Agreement -220- BACKGROUND INFORMATION On August 11, 2008, the Texas Commission on Environmental Quality (TCEQ) issued Texas Pollutant Discharge Elimination System (TPDES) permit number WQ0004200000 (Permit), which authorizes the City of Corpus Christi and its copermittees, Del Mar College District, Port of Corpus Christi Authority, Texas Department of Transportation and Texas A &M University- Corpus Christi to discharge storm water runoff from the City of Corpus Christi Municipal Separate Storm Sewer System (MS4). This permit replaces National Pollutant Discharge Elimination System (NPDES) permit number TXS000601. Under the Permit, each copermittee has a Storm Water Management Program (SWMP) for portions of the MS4 for which they are the operator and are responsible. The Permit requires agreements be executed between the permittees in certain areas to clarify responsibilities. Some of these areas include: joint responsibility for shared portions of the MS4 or transferred authority for those responsibilities through legally binding agreements, and Storm Water Management Plans (SWMP's) in which elements of the Permit are achieved through participation with other permittees. The Interlocal agreements specify the individual responsibilities and the shared responsibilities for the City of Corpus Christi and each of Del Mar College District, Port of Corpus Christi Authority, Texas Department of Transportation, and Texas A &M University — Corpus Christi. Shared responsibilities identified in the agreements include spill prevention and response where such spills may be introduced from one copermittee's MS4 to another's as well as using all reasonable efforts to regulate and otherwise control contaminated storm water discharges onto each others' property. Another shared responsibility delineates the services which will be provided by each copermittee on behalf of the other. For example, the City of Corpus Christi will provide storm water monitoring for Del Mar College District and Del Mar College District will provide goods or services in support of the City's storm water outreach and education activities, City staff training, or other such similar services. —221— RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH DEL MAR COLLEGE DISTRICT IN CONNECTION WITH THE CITY OF CORPUS CHRISTI MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM (TPDES) PERMIT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute an Interlocal Cooperation Agreement with Del Mar College District in connection with the City of Corpus Christi Municipal Separate Storm Sewer System (MS4) Texas Pollutant Discharge Elimination System (TPDES) Permit. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor AP ROVED AS�" -" �: 30- Dec -08 Veronica ()Gahm Assistant City Attorney For City Attorney —222— day of , 2009. 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 —223 - H: \LEG- DIR\Veronica0\4. STORMWATER\..... a g e n d a i t e m s \11309 \11309 RESO Interlocal Del Mar INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI & DEL MAR COLLEGE CONCERNING THE CITY OF CORPUS CHRISTI MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM (TPDES) PERMIT No. W00004200000 This Agreement is entered into the _ day of 2008, by and between THE CITY OF CORPUS CHRISTI, a Texas home -rule municipal corporation (title) and political subdivision of the state, and DEL MAR COLLEGE ( °DEL MAR ", sometimes collectively referred to herein as the 'Parties," to- permittees, or °pernittees." WHEREAS, on August 11, 2008, the Texas Commission on Environmental Quality (fCEQ) issued TPDES Permit No. W00004200000 (the °Permit"; and WHEREAS, the Permit contemplates that the co- permittees will enter into an agreement that sets forth their respective rights, responsibilities, and obligations as co-permittees, the subsequent operation of their respective MS4, and the implementation of their respective store water management programs pursuant to said TPDES Permit; and WHEREAS, the Intedocal Cooperation Act, Chapter 791, Texas Government Code authorizes local govemments to contract to the greatest possible extent, with one another and with agencies of the state; and WHEREAS, the support contemplated by this agreement is of mutual interest and benefit to DEL MAR and City; it will further the Permit objectives, in a manner consistent with their status as co- permittees; NOW, THEREFORE, the Parties agree as follows: 1. RESPONSIBILITIES OF THE PERMITTEES. Each permittee is individually responsible for a. Compliance with permit conditions relating to discharges from portions of the MS4 for which they are the operator, b. Storm Water Management Program (SWMP) implementation on portions of the MS4 for which they are operator; c. Compliance with annual reporting requirements; d. Collection of representative wet weather monitoring data, according to such agreements established between Permittees; and e. A plan of action to assume responsibility for implementation of the storm water management and monitoring programs on their portions of the MS4 should inter - jurisdictional agreements allocating responsibility between Permittees be dissolved or in default. 2. SHARED RESPONSIBILITIES. a. Spill Prevention and Response. If either the City or DEL MAR becomes aware of a spill, disposal, leak, discharge, or other release of oil, pollutant or any hazardous substance in an amount that may be harmful, and that may flow, leak, enter, or otherwise be introduced, or threaten to be released, into the MS4 operated by the other (an 'Incident ", the City or DEL MAR, as the case may be, shall promptly notify the other party of the Incident, describing the location and source of the release, the type of substance, the concentration and the volume (if known), and any corrective action known to have been taken. • DEL MAR shall notify City of any Incident by calling the City's Customer Service Call Center at (361) 826 -2489. • City shall notify DEL MAR of any Incident by calling DELMAR at (361) 698- 1641or Security at (361) 698 -1199. -224- b. The City and DEL MAR agree to use all reasonable efforts to regulate and otherwise control, to the extent of the jurisdiction and authority of each, contaminated storm water discharged onto the property of the other party. c. In exchange for any goods or services provided by the City, which may include the City providing assistance to DEL MAR with Wet - Weather Field Screening, DEL MAR shall reimburse the City for costs incurred by sharing expenses or contributing material and /or manpower to the City's Storm Water educational activities, and /or providing meeting space, as funding allows. 3. TERM. This Agreement becomes effective upon approval of the Corpus Christi City Council and final signatures of the City and DEL MAR and will renew annually unless terminated by either Party under the terms of this Agreement. 4. TERMINATION. This Agreement may be terminated by any of the following methods: a. By mutual consent of the signatories or their designees, with the approval of the TCEQ. b. By either party, upon failure of the other party to fulfill its responsibilities and obligations as set forth in this Agreement, and with the approval of the TCEQ. c. If termination is due to the failure of either party to fulfill its obligations under this Agreement, the other party shall be notified in writing that a possible breach of contract has occurred. The noncomplying party shall then have 30 days after such notice to respond and /or cure such alleged breach of contract before this Agreement may be terminated. If 30 days elapses after notice without a cure of such alleged breach, the TCEQ shall be notified that a possible termination may occur. 5. NOTICES. Except for the calls required under the Spill Prevention and Response Notification under § 2A of this Agreement, all notices to parties under this Agreement shall be in writing and sent to the names and address stated below. Either party to the Agreement may change the name and address by notice to the other in accordance herewith, and any change shall take effect immediately upon receipt of the notice. TO DELMAR: DEL MAR COLLEGE 6. Attn: Director of Environmental Health, Safety and Risk Management MB 106, 101 Baldwin Blvd. Corpus Christi, Texas 78404 -3897 TO CITY: City of Corpus Christi Attn: Environmental Services Superintendent Storm Water Department P.O. Box 9277 Corpus Christi, TX, 78469 -9277 7. LIABILITY. It is understood that City shall not be liable for any claims against DEL MAR, its officers, agents, representatives, employees, contractors, subcontractors, or other third persons, for damage resulting from or arising out of the activities of DEL MAR officers, agents, representatives, employees, contractors, subcontractors, or other third persons under this Agreement, and DEL MAR agrees, to the extent permitted by the Constitution of the State of Texas, to hold City harmless from any and all claims. It is also understood that DEL MAR shall not be held liable for any claims against City, its officers, agents, representatives, employees, contractors, subcontractors, or other third persons, for damage resulting from or arising out of activities of the City officers, agents, representatives, employees, contractors, subcontractors, or other third persons, and City agrees, to the extent permitted by the Constitution of the State of Texas, to hold DEL MAR harmless from any and all claims. 8. TCEQ. All references herein to the TCEQ shall be deemed to mean any successor agency to it, if its successor is delegated authority to administerth5 TDPES permit program. 9. SUCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the Parties and their respective successors and assigns, but this provision shall not be considered to permit any assignment by a party of any of its rights or obligations under this Agreement as expressly provided in this Agreement. 10. SEVERABILITY. Each provision of this Agreement shall be considered to be severable, and if any one or more of the provisions herein are for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 11. VENUE. This agreement shall be construed in accordance with the laws of the State of Texas. SIGNATORIES: CITY By: Angel R. Escobar, P.E. City Manager City of Corpus Christi ATTEST: By: Armando Chapa City Secretary DEL MAR COLLEGE By: %0:662^Dui Au ^ ^ -- Name Stephen Megregian Titre Interim Vide Ptesidett of Admin.& F' nce DEL MAR COLLEGE Acknowledgement Swom and subscribed before me, the undersigned authority, on this the _ day of 2008 by (printed name) whose title is DEL MAR, who on his oath deposed that he did make the foregoing instrument on behalf of DEL MAR and that he has the legal capacity to do so. //// day ofXae008: Approved as to form this Mary ay r her, Cit mey By: Veronica Ocan . s Assistant City Attorney for City Attorney -226- RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE PORT OF CORPUS CHRISTI AUTHORITY IN CONNECTION WITH THE CITY OF CORPUS CHRISTI MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM (TPDES) PERMIT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute an Interlocal Cooperation Agreement with the Port of Corpus Christi Authority of Nueces County, Texas in connection with the City of Corpus Christi Municipal Separate Storm Sewer System (MS4) Texas Pollutant Discharge Elimination System (TPDES) Permit. ATTEST: Armando Chapa City Secretary AI?PROVED yea TO FORI11f: 30- Dec -08 Veronica Ocanas Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor —227 - HM.EG- DIR \Veronica0\4. STORMWATER..._agenda items \11309\11309 RESO Interlocal Port Copermittee, TOIICC o -..nN A.... . __ day of , 2009. 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 McCutchon N41 FG_flIPlVarnninafLA STflPMWATFDI —228 — !anon rI a if a „, eN tsnoli nano pFSn In /arInnal Dort r na,.niwaa INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI & THE PORT OF CORPUS CHRISTI AUTHORITY CONCERNING THE CITY OF CORPUS CHRISTI MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM (TPDES) PERMIT No. WQ0004200000 This Agreement is entered into the _ day of 2008, by and between THE CITY OF CORPUS CHRISTI, a Texas home -rule municipal corporation ( "City ") and political subdivision of the state, and PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS ( "PORT "), sometimes collectively referred to herein as the "Parties," "co- permittees," or "permittees." WHEREAS, on August 11, 2008, the Texas Commission on Environmental Quality (TCEQ) issued TPDES Permit No. WQ0004200000 (the "Permit "); and WHEREAS, the Permit contemplates that the co-permittees will enter into an agreement that sets forth their respective rights, responsibilities, and obligations as co- permittees, the subsequent operation of their respective MS4, and the implementation of their respective storm water management programs pursuant to said TDPES Permit; and WHEREAS, the Interlace' Cooperation Act, Chapter 791, Texas Government Code authorizes local govemments to contract to the greatest possible extent, with one another and with agencies of the state; and WHEREAS, the support contemplated by this agreement is of mutual interest and benefit to PORT and City; it will further the Permit objectives, in a manner consistent with their status as co- permittees; NOW, THEREFORE, the Parties agree as follows: 1. RESPONSIBILITIES OF THE PERMITTEES. Each permittee is individually responsible for: a. Compliance with permit conditions relating to discharges from portions of the MS4 for which they are the operator; b. Storm Water Management Program (SWMP) implementation on portions of the MS4 for which they are operator; c. Compliance with annual reporting requirements; d. Collection of representative wet weather monitoring data, according to such agreements established between Permittees; and e. A plan of action to assume responsibility for implementation of the storm water management and monitoring programs on their portions of the MS4 should inter - jurisdictional agreements allocating responsibility between Permittees be dissolved or in default. 2. SHARED RESPONSIBILITIES. a. Spill Prevention and Response. If either the City or PORT becomes aware of a spill, disposal, leak, discharge, or other release of oil, pollutant or any hazardous substance in an amount that may be harmful, and that may flow, leak, enter, or otherwise be introduced, or threaten to be released, into the MS4 operated by the other ( an "Incident "), the City or PORT, as the case may be, shall promptly notify the other party of the Incident, describing the location and source of the release, the type of substance, the concentration and the volume (if known), and any corrective action known to have been taken. • PORT shall notify City of any Incident by calling the City's Customer Service Call Center at (361) 826 -2489. • City shall notify PORT of any Incident by calling PORT at (361) 885 -6163. -229- b. In exchange for any goods or services provided by the City, the PORT shall reimburse the City for costs incurred by providing meeting space and /or training opportunities, as funding allows. 3. TERM. This Agreement becomes effective upon approval of the Corpus Christi City Council and final signatures of the City and PORT and will renew annually unless terminated by either Party under the terms of this Agreement. 4. TERMINATION. This Agreement may be terminated by any of the following methods: a. By mutual consent of the signatories or their designees, with the approval of the TCEQ. b. By either party, upon failure of the other party to fulfill its responsibilities and obligations as set forth in this Agreement, and with the approval of the TCEQ. c. If termination is due to the failure of either party to fulfill its obligations under this Agreement, the other party shall be notified in writing that a possible breach of contract has occurred. The noncomplying party shall then have 30 days after such notice to respond and /or cure such alleged breach of contract before this Agreement may be terminated. If 30 days elapses after notice without a cure of such alleged breach, the TCEQ shall be notified that a possible termination may occur. 5. NOTICES. Except for the calls required under the Spill Prevention and Response Notification under § 2A of this Agreement, all notices to parties under this Agreement shall be in writing and sent to the names and address stated below. Either party to the Agreement may change the name and address by notice to the other in accordance herewith, and any change shall take effect immediately upon receipt of the notice. TO PORT: Port of Corpus Christi Authority Attn: Environmental Compliance Manager 222 Power Street (78401) P.O. Box 1541 (78403) Corpus Christi, Texas TO CITY: City of Corpus Christi Attn:—Environmental Services Superintendent Storm Water Department P.O. Box 9277 Corpus Christi, TX, 78469 -9277 6. LIABILITY. It is understood that City shall not be liable for any claims against PORT, its officers, agents, representatives, employees, contractors, subcontractors, or other third persons, for damage resulting from or arising out of the activities of PORT officers, agents, representatives, employees, contractors, subcontractors, or other third persons under this Agreement, and PORT agrees, to the extent permitted by the Constitution of the State of Texas, to hold City harmless from any and all claims. It is also understood that PORT shall not be held liable for any claims against City, its officers, agents, representatives, employees, contractors, subcontractors, or other third persons, for damage resulting from or arising out of activities of the City officers, agents, representatives, employees, contractors, subcontractors, or other third persons, and City agrees, to the extent permitted by the Constitution of the State of Texas, to hold PORT harmless from any and all claims. 7. TCEQ. All references herein to the TCEQ shall be deemed to mean any successor agency to it, if its successor is delegated authority to administer the TDPES permit program. -230- 8. SUCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the Parties and their respective successors and assigns, but this provision shall not be considered to permit any assignment by a party of any of its rights or obligations under this Agreement as expressly provided in this Agreement. 9. SEVERABILITY. Each provision of this Agreement shall be considered to be severable, and if any one or more of the provisions herein are for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 10. VENUE. This agreement shall be construed in accordance with the laws of the State of Texas. SIGNATORIES: CITY PORT OF CORpjI By: a/J By: Angel R. Escobar, P.E. John P. LaR e City Manager Executive Director City of Corpus Christi Port of Corpus Christi Authority TI AUTHORITY By: Armando Chapa City Secretary Acknowledgement and��s,ySdbscribed before me, the undersigned authority, on this the�itiay of 2008, by Jot4nl P. LLktA.f (printed name) whose title is &(v.n -r iup . Ikfc -r R Port of Corpus Christi Authority, who on his oath deposed that he did make the foregoing instrument on behalf of the Port and that he has the legal capacity to do so. Approved as to form this* iI day of 2008: Mary Key Fischer, city-Attorney By: Veronica Ocanas Assistant City Attorney for City Attorney -231- PEGGY ELUN METTLEN Notary Pudic STATE OF TEXAS tity Comm. Ew. 07- 09-2009 RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH TEXAS A &M UNIVERSITY - CORPUS CHRISTI IN CONNECTION WITH THE CITY OF CORPUS CHRISTI MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM (TPDES) PERMIT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute an Interlocal Cooperation Agreement with Texas A &M University - Corpus Christi in connection with the City of Corpus Christi Municipal Separate Storm Sewer System (MS4) Texas Pollutant Discharge Elimination System (TPDES) Permit. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: 30- Dec -08 Veronica Ocahas Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor H:LLEG- DIR \VeronicaO \4. STORMWATERI..... a n e n d a items VI1309 \ 11309 RESO Interlocal TAMU -CC day of , 2009. 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 McCutchon H:LLEG- DIRWeronica0\4. STORMWATER\. . Cooermittee. TPDES Permit.doc —233 — agenda items \11309 \11309 RESO Interlocal TAMU-CC e nee INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI & TEXAS A &M UNIVERSITY- CORPUS CHRISTI CONCERNING THE CITY OF CORPUS CHRISTI MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM (TPDES) PERMIT No. W00004200000 This Agreement is entered into the day of , 2008, by and between THE CITY OF CORPUS CHRISTI, a Texas home -rule municipal corporation ( "City ") and political subdivision of the state, and Texas A &M University - Corpus Christi, a member of The Texas A &M University System, an agency of the State of Texas ( "TAMU -CC "), each of which has been authorized by its respective governing body through an appropriate Ordinance, Resolution, or Order to enter into this agreement and is acting by and through its duly authorized agents, sometimes collectively referred to herein as the "Parties," "co- permittees," or " permittees." WHEREAS, on August 11, 2008, the Texas Commission on Environmental Quality (TCEQ) issued TPDES Permit No. W00004200000 (the "Permit "); and WHEREAS, the Permit requires co- permittees to enter into an agreement that sets forth their respective rights, responsibilities, and obligations as co- permittees, the subsequent operation of their respective MS4, and the implementation of their respective storm water management programs pursuant to said TDPES Permit; and WHEREAS, the Interlocal Cooperation Act, Chapter 791, Texas Government Code authorizes local govemments to contract to the greatest possible extent, with one another and with agencies of the state; and WHEREAS, the support contemplated by this agreement is of mutual interest and benefit to TAMU -CC and City; it will further the Permit objectives, in a manner consistent with their status as co- permittees; NOW, THEREFORE, the Parties agree as follows: 1. RESPONSIBILITIES OF THE PERMITTEES. Each permittee is individually responsible for: a. Compliance with permit conditions relating to discharges from portions of the MS4 for which they are the operator; b. Storm Water Management Program (SWMP) implementation on portions of the MS4 for which they are operator; c. Compliance with annual reporting requirements; d. Collection of representative wet weather monitoring data, according to such agreements established between Permittees; and e. A plan of action to assume responsibility for implementation of the storm water management and monitoring programs on their portions of the MS4 should inter - jurisdictional agreements allocating responsibility between Permittees be dissolved or in default. 2. SHARED RESPONSIBILITIES. a. Spill Prevention and Response. If either the City or TAMU -CC becomes aware of a spill, disposal, leak, discharge, or other release of oil, pollutant or any hazardous substance in an amount that may be harmful, and that may flow, leak, enter, or otherwise be introduced, or threaten to be released, into the MS4 operated by the other ( an "Incident "), the City or -234- TAMU -CC, as the case may be, shall promptly notify the other party of the Incident, describing the location and source of the release, the type of substance, the concentration and the volume (if known), and any corrective action known to have been taken. • TAMU -CC shall notify City of any Incident by calling the City's Customer Service Call Center at (361) 826 -2489. • City shall notify TAMU -CC of any Incident by calling TAMU -CC at (361) 825-5555. b. The City and TAMU -CC agree to use all reasonable efforts to regulate and otherwise control, to the extent of the jurisdiction and authority of each, contaminated storm water discharged onto the property of the other party. c. In exchange for any goods or services provided by the City, TAMU -CC shall reimburse the City for costs incurred by contributing material and/or manpower to the City's Storm Water educational activities, providing meeting space, and/or assistance with public surveys, as funding allows, with written approval by both parties. d. In the event that the costs for the goods and services provided by the City are not covered by the exchange of services or materials described in subparagraph c above, the parties shall agree in writing to these costs prior to incurring such cost. 3. TERM. This Agreement becomes effective upon approval of the Corpus Christi City Council and final signatures of the City and TAMU -CC and will renew annually so long as the initial term and any subsequent renewal periods do not exceed five (5) years unless terminated by either Party under the terms of this Agreement. 4. TERMINATION. This Agreement may be terminated by any of the following methods: a. By mutual consent of the signatories or their designees, with the approval of the TCEQ. b. By either party, upon failure of the other party to fulfill its responsibilities and obligations as set forth in this Agreement, and with the approval of the TCEQ. c. If termination is due to the failure of either party to fulfill its obligations under this Agreement, the other party shall be notified in writing that a possible breach of contract has occurred. The noncomplying party shall then have 30 days after such notice to respond and /or cure such alleged breach of contract before this Agreement may be terminated. If 30 days elapses after notice without a cure of such alleged breach, the TCEQ shall be notified that a possible termination may occur. 5. NOTICES. Except for the calls required under the Spill Prevention and Response Notification under § 2A of this Agreement, all notices to parties under this Agreement shall be in writing and sent to the names and address stated below. Either party to the Agreement may change the name and address by notice to the other in accordance herewith, and any change shall take effect immediately upon receipt of the notice. TO TAMU -CC: Texas A &M University- Corpus Christi Attn: Coordinator, Environmental, Health & Safety Department Natural Resources Center, Suite 1100 6300 Ocean Drive, Unit 5876 Corpus Christi, TX, 78412 -5876 TO CITY: City of Corpus Christi Attn: Environmental Services Superintendent Storm Water Department P.O. Box 9277 Corpus Christi, TX, 78469 -9277 -235- 6. LIABILITY. To the extent allowed by the Constitution and Laws of the State of Texas, TAMU -CC, and City agree that each party assumes any and all risks of liability, loss, damages, claims, or causes of action and related expenses, including attorney fees, caused or asserted to have been caused directly or indirectly by or as the result of the negligent acts or omissions of that party and the officers, employees, and agents thereof. 7. TCEQ. All references herein to the TCEQ shall be deemed to mean any successor agency to it, if its successor is delegated authority to administer the TDPES permit program. 8. SUCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the Parties and their respective successors and assigns, but this provision shall not be considered to permit any assignment by a party of any of its rights or obligations under this Agreement as expressly provided in this Agreement. 9. SEVERABILITY. Each provision of this Agreement shall be considered to be severable, and if any one or more of the provisions herein are for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 10. VENUE. This agreement shall be construed in accordance with the laws of the State of Texas. SIGNATORIES: CITY TAMU -CC By: By: Angel R. Escobar, P.E. Manta City Manager Ti e-) 7t711 trS cts w City of Corpus Christi Texas A &M University - Corpus Christi ATTEST: By: Armando Chapa City Secretary Acknowledgement Sworn and subscribed before me, the undersigned authority, on this the _ day of _, 2008, by (printed name) whose title is Texas A &M University- Corpus Christi, who on his oath deposed that he did make the foregoing instrument on behalf of the University and that he has the legal capacity to do so. Approved as to form this rh day of (1-4-Y-1-1-2008: Mary Ka Fischer, City Atto ey By: Veronica Ocatfas Assistant City Attorney for City Attorney —236— RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH THE CITY OF CORPUS CHRISTI MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM (TPDES) PERMIT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute an Interlocal Cooperation Agreement with the Texas Department of Transportation in connection with the City of Corpus Christi Municipal Separate Storm Sewer System (MS4) Texas Pollutant Discharge Elimination System (TPDES) Permit. ATTEST: Armando Chapa City Secretary APPh2OVED AS T ORM: 30- Dec -08 Veronica Ocanas Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor H1LEG- DIR\Veronica0\4. STORMWATER\ ....agenda items \11309\11309 RESO Interlace! TxDOT Copermittee. TPDES Permit doe day of , 2009. 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: \LEG- DIR \Veronicao\4. STORMWATER\.. -238 - a a end a item s \11309 \11309 RESO Interlocal TxDOT Contract No CS09- CCC -22 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § INTERLOCAL AGREEMENT THIS CONTRACT is entered into by the Contracting Parties under Government Code, Chapter 791. I. CONTRACTING PARTIES: The Texas Department of Transportation TxDOT City of Corpus Christi Local Government 11. PURPOSE: Interlocal cooperation agreement between the Local Government and the TxDOT concerning the Local Government's Municipal Separate Storm Sewer System (MS4) TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM (TPDES) PERMIT No. W00004200000 issued by the Texas Commission on Environmental Quality (TCEQ). III. STATEMENT OF SERVICES TO BE PERFORMED: The Local Government will undertake and carry out services described in Attachment A, Scope of Services. IV. CONTRACT PAYMENT: The total amount of this contract shall not exceed $_Zero_ and shall conform to the provisions of Attachment B, Budget. V. TERM OF CONTRACT: Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. This contract begins when fully executed by both parties and terminates as provided in this Agreement in Attachment C, Article 6. VI. LEGAL AUTHORITY: THE PARTIES certify that the services provided under this contract are services that are properly within the legal authority of the Contracting Parties The governing body, by resolution or ordinance, dated has authorized the Local Government to provide the scope of services. This contract incorporates the provisions of Attachment A, Scope of Services, Attachment B, Budget, Attachment C, General Terms and Conditions, Attachment D, Resolution or Ordinance and Attachment E, Location Map Showing Project. City of Corpus Christi By Date AUTHORIZED SIGNATURE MbLegalb; TYPED OR PRINTED NAME AND TITLE Title %% ordCS Oct Assistant City Attorney FOR THE STATE OF TEXAS For City Attorney Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and /or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By Date Russel Lenz, P.E. District Engineer Interlocal — Interlocal LG -239 - Page 1 of 1 Revised 02/01/2008 Contract No CS09- CCC -22 ATTACHMENT A Scope of Services 1. RESPONSIBILITIES OF THE PARTIES. Each party individually responsible for: a. Compliance with permit conditions relating to discharges from portions of the MS4 for which they are the operator; b. Storm Water Management Program (SWMP) implementation on portions of the MS4 for which they are operator; c. Compliance with annual reporting requirements; d. Collection of representative wet weather monitoring data, according to such agreements established between parties; e. A plan of action to assume responsibility for implementation of the storm water management and monitoring programs on their portions of the MS4 should inter - jurisdictional agreements allocating responsibility between parties be dissolved or in default; and f. The Local Government agrees to provide, upon written request by TxDOT a copy of any record that the Permit requires the Local Government to make and include in its annual report to TCEQ, including any records relating to a storm water discharge alleged to be an illicit discharge that entered the TxDOT right - of -way and that appeared to originate from points within the jurisdictional control of the Local Government. 2. SHARED RESPONSIBILITIES. a. SpiII Prevention and Response. If either the Local Government or TxDOT becomes aware of a spill, disposal, leak, discharge, or other release of oil, pollutant or any hazardous substance in an amount that may be harmful, and that may flow, leak, enter, or otherwise be introduced, or threaten to be released, into the MS4 operated by the other ( an "Incident "), the Local Government or TxDOT, as the case may be, shall promptly notify the other party of the Incident, describing the location and source of the release, the type of substance, the concentration and the volume (if known), and any corrective action known to have been taken. • TxDOT shall notify Local Government of any Incident by calling the Local Government's Customer Service Call Center at (361) 826 -2489. • Local Government shall notify TxDOT of any Incident by calling TxDOT at (361) 808 -2300. b. The Local Government and TxDOT agree to use all reasonable efforts to regulate and otherwise control, to the extent of the jurisdiction and authority of each, contaminated storm water discharged onto the property of the other party. c. In exchange for any goods provided or services performed by the Local Government, TxDOT shall support the Local Governments educational activities, which may include providing the following: inlet stencils, program development assistance, environmental training, training manuals, outreach and education materials, and /or meeting space. 3. NOTICES. Except for the calls required under the SpiII Prevention and Response Notification under § 2.a. of this Agreement, all notices to parties under this Agreement shall be in writing and sent to the names and address stated below. Either party to the Agreement may change the name and address by notice to the other in accordance herewith, and any change shall take effect immediately upon receipt of the notice. TO TxDOT: Texas Department of Transportation Attn: Environmental Quality Specialist Corpus Christi District P.O. Box 9907 Corpus Christi, TX 78469 TO CITY: City of Corpus Christi Attn: Environmental Services Superintendent Storm Water Department P.O. Box 9277 Corpus Christi, TX 78469 -9277 Interlocal — LGPerf Pq &"I of 1 Contract No CS09- CCC -22 ATTACHMENT B Budget No money is to change hands as part of this agreement; the budget is zero dollars. Interlocal — LGPerf Pag 11of 1 Contract No CS09- CCC -22 ATTACHMENT C General Terms and Conditions Article 1. Additional Work A. If the Local Government is of the opinion that any assigned work is beyond the scope of this contract and constitutes additional work, it shall promptly notify TxDOT in writing. The written notice shall present the relevant facts and show how the work constitutes additional work. B. If TxDOT in its sole discretion finds that the work does constitute additional work, TxDOT shall so advise the Local Government and a written amendment will be executed. The Local Government shall not perform any proposed additional work or incur any additional costs before the execution of an amendment. C. TxDOT shall not be responsible for actions by the Local Government or for any costs incurred by the Local Government relating to additional work that is performed before an amendment is executed or that is outside the scope of the contract, as amended. Article 2. Amendments This contract may only be amended by written agreement executed by both parties before the contract is terminated. Article 3. Notice to Proceed If Attachment A requires a notice to proceed, the Local Government shall not proceed with any work or incur any costs until TxDOT issues a written notice to the Local Government authorizing work to begin. Any costs incurred by the Local Government before receiving the notice are not eligible for reimbursement. Article 4. Conflicts Between Agreements If the terms of this contract conflict with the terms of any other contract between the parties, the most recent contract shall prevail. Article 5. Nonconforming Work If the Local Government submits work that does not comply with the terms of this contract, TxDOT shall instruct the Local Government to make any revisions that are necessary to bring the work into compliance with the contract. No additional compensation shall be paid for this work. Article 6. Termination This Agreement may be terminated by any of the following methods: a. By mutual consent of the signatories or their designees, with the approval of the TCEQ. b. By either party, upon failure of the other party to fulfill its responsibilities and obligations as set forth in this Agreement, and with the approval of the TCEQ. c. If termination is due to the failure of either party to fulfill its obligations under this Agreement, the other party shall be notified in writing that a possible breach of contract has occurred. The noncomplying party shall then have 30 days after such notice to respond and /or cure such alleged breach of contract before this Agreement may be terminated. If 30 days elapses after notice without a cure of such alleged breach, the TCEQ shall be notified that a possible termination may occur. Article 7. Funding TxDOT shall pay for services from appropriation items or accounts from which like expenditures would normally be paid. Payments received by the Local Government shall be credited to the current appropriation items or accounts from which expenditures of that character were originally made. If for Interlocal — LGPerf Pe6ak of 4 Contract No C509- CCC -22 any reason subcontractors and suppliers, if any, are not paid before TxDOT reimburses the Local Government for their services, the Local Government shall pay the subcontractors and suppliers all undisputed amounts due for work no more than 10 days after the Local Government receives payment for the work unless a different time is specified by law. This requirement also applies to all lower -tier subcontractors and suppliers and must be incorporated in all subcontracts. If the Local Government fails to comply with this Article, TxDOT may withhold payments and suspend work until the subcontractors and suppliers are paid. The Local Government is authorized to submit requests for reimbursement no more frequently than monthly and no later than ninety (90) days after costs are incurred. Article 8. Basis for Calculating Reimbursement Costs TxDOT will reimburse the Local Government for actual costs incurred in carrying out the services authorized in Attachment A, Scope of Services, subject to the cost categories and estimated costs set forth in Attachment B, Budget. TxDOT shall compensate the Local Government for only those eligible expenses incurred during this contract that are directly attributable to the completed portion of the work covered by this contract, provided that the work has been completed in a manner satisfactory and acceptable to TxDOT. The Local Government shall not incur or be reimbursed for any new obligations after the effective date of termination. The Local Government shall bill TxDOT for actual travel expenses, not to exceed the limits reimbursable under state law. Out -of -state or out -of- country travel by the Local Government requires prior approval by TxDOT. Article 9. Gratuities Any person who is doing business with or who reasonably speaking may do business with TxDOT under this contract may not make any offer of benefits, gifts, or favors to employees of TxDOT. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Executive Director of the Texas Department of Transportation. Article 10. Conflict of Interest The Local Government shall not assign an employee to a project if the employee: A. owns an interest in or is an officer or employee of a business entity that has or may have a contract with the state relating to the project; B. has a direct or indirect financial interest in the outcome of the project; 0. has performed services regarding the subject matter of the project for an entity that has a direct or indirect financial interest in the outcome of the project or that has or may have a contract with TxDOT; or D. is a current part-time or full -time employee of TxDOT. Article 11. Local Government Resources All employees of the Local Government shall have adequate knowledge and experience to enable them to perform the duties assigned to them. The Local Government certifies that it currently has adequate qualified personnel in its employment to perform the work required under this contract or will be able to obtain adequate qualified personnel from sources other than TxDOT. On receipt of written notice from TxDOT detailing supporting factors and evidence, the Local Government shall remove from the project any employee of the Local Government who is incompetent or whose conduct becomes detrimental to the work. Unless otherwise specified, the Local Government shall furnish all equipment, materials, supplies, and other resources required to perform the work. Article 12. Assignment Subcontracts A subcontract may not be executed by the Local Government without prior written authorization by TxDOT. Subcontracts in excess of $25,000 shall contain all applicable terms and conditions of this Interlocal — LGPerf Paa1 %T4 Contract No CS09- CCC -22 contract. No subcontract will relieve the Local Government of its responsibility under this contract. Neither party shall assign any interest in this agreement. • Article 13. Responsibilities of the Parties Each party acknowledges that it is not an agent, servant, or employee of the other party. Each party is responsible for its own acts and deeds and for those of its agents, servants, or employees. Article 14. Disputes The Local Government shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of contract services. TxDOT shall be responsible for the settlement of any dispute concerning this contract unless the dispute involves a subcontract. Article 15. Records and Ownership A. The Local Government agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to costs at its office during the contract period and for four years from the date of final payment under the contract. These materials shall be made available for inspection and copying by TxDOT, by the State Auditor's Office, and by their authorized representatives. If the contract is federally funded, these materials shall also be made available for inspection and copying by the U.S. Department of Transportation and by the Office of the Inspector General. B. After completion or termination of this contract, all documents prepared by the Local Government or furnished to the Local Government by TxDOT shall be delivered to and become the property of TxDOT. All sketches, photographs, calculations, and other data prepared under this contract shall be made available, on request, to TxDOT without restriction or limitation of further use. C. TxDOT shall own all title to, all interests in, all rights to, and all intellectual property (including copyrights, trade and service marks, trade secrets, and patentable devices or methods) arising from or developed under this contract. D. Except to the extent that a specific provision of this contract states to the contrary, all equipment purchased by the Local Government or its subcontractors under this contract shall be owned by TxDOT and will be delivered to TxDOT at the time the contract is completed or terminated. E. The State Auditor may conduct an audit or investigation of any entity receiving funds from TxDOT directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the State Auditor with access to any information the State Auditor considers relevant to the investigation or audit. Article 16. Reference to Costs Principles and Circulars Reimbursement with state or federal funds will be limited to costs determined to be reasonable and allowable under cost principles establish in OMB Circular A -21, "Cost Principles for Educational Institutions," or OMB Circular A -87, "Cost Principles for State and Local Governments." The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98 -502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A -133. Article 17. Equal Employment Opportunity The Local Government agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by Department of Labor regulations, 41 CFR Part 60. The Local Government agrees to consider minority universities for subcontracts when the opportunity exists. The Local Government warrants that it has developed and Interlocal — LGPerf Pa- k#5f 4 Contract No CS09- CCC -22 has on file appropriate affirmative action programs as required by applicable rules and regulations of the Secretary of Labor. Article 18. Nondiscrimination A. The Local Government shall comply with the regulations of the U.S. Department of Transportation relating to nondiscrimination in federally- assisted programs, including 49 CFR, Part 21; 23 CFR, Subchapter C; and 41 CFR, Part 60 -74 (the Regulations). B. The Local Government, with regard to the work performed during this agreement, shall not discriminate on the basis of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. C. In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurements of materials and leases of equipment, but not including routine purchase orders, each potential subcontractor or supplier shall be notified by the Local Government of the Local Government's obligations under this agreement and the Regulations. D. The Local Government shall provide all information and reports required by the Regulations and directives issued under the Regulations and shall permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the Texas Department of Transportation or the U.S. Department of Transportation to be pertinent to ascertain compliance with the Regulations or directives. If any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government shall so certify to the Texas Department of Transportation or the U.S. Department of Transportation, whichever is appropriate, and shall set forth what efforts the Local Government has made to obtain the requested information. E. In the event of the Local Government's noncompliance with the nondiscrimination provision of this agreement, the Texas Department of Transportation shall impose such sanctions as it or the U.S. Department of Transportation may determine to be appropriate. F. The Local Government shall include the provisions of paragraphs A through E in every subcontract, including procurements of materials and leases of equipment, except routine purchase orders, unless exempt by the Regulations or directives. The Local Government shall take such lawful action with respect to any subcontract or procurement as the Texas Department of Transportation may direct as a means of enforcing these provisions, including sanctions for noncompliance. In the event the Local Government becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of directions given by TxDOT, the Local Government may request the Texas Department of Transportation to enter into the litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into litigation to protect the interests of the United States. Article 19. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations and with the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. After receiving a written request from TxDOT, the Local Government shall furnish TxDOT with satisfactory proof of its compliance with this Article. Article 20. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Interlocal — LGPerf Pag8415af 4 Contract No CS09- CCC -22 ATTACHMENT D Resolution or Ordinance Interlocal — LGPerf Pag4iif 1 ATTACHMENT E Location Maps Showing Project Contract No CS09- CCC -22 Corpus Christi, TX Urbanized Area Storm Water Entities as Defined . by the 2000 Census 200D Census Urbanised Areas O Corpus Christ!, TX J. Municipal Boundaries County Boundaries Maly Waterbodies Ua o»e..eCowl.. Swum - t.® s_ u r eruvJ n.:OM .sue. Interlocal — LGPerf Pagel/13f 1 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 13, 2009 AGENDA ITEM: An Ordinance amending Sections 14 -1304 and 14 -1313, Code of Ordinances, City of Corpus Christi, to establish the fees for Third Party Plan Review and Inspections requested by applicant; providing for severance; providing for publication; and providing an effective date. ISSUE: Create a fee for expedited Plan Review from a Third Party Consultant and for Third Party Inspections. REQUIRED COUNCIL ACTION: Council's approval of the proposed fee increases and changes to the code. PREVIOUS COUNCIL ACTION: A consultant service agreement was approved by Council on September 16, 2008. CONCLUSION AND RECOMMENDATION: Staff recommends approval of ordinance as proposed. Attachments -251- Bob Nix, AICP Assistant City Manager BACKGROUND INFORMATION On September 16, 2008, City Council approved consultant service agreements with Sunrise Engineering, Bureau Veritas, and Building Code Consultant Services to assist the Development Services Department in the various development and construction functions performed by the department including plan review and inspection services. Currently the consultants provide these services as an extension of the Development Services Department to cover voids that are created die to vacancies and absenteeism. The department is in the process of filling those positions, and intends to provide the choice to the developer or builder, to use expedited services for plan review and or for third party inspections. —252— AN ORDINANCE AMENDING SECTIONS 14 -1304 AND 14 -1313, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO ESTABLISH THE FEES FOR THIRD PARTY PLAN REVIEW AND INSPECTIONS REQUESTED BY APPLICANT; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 14 -1304, Code of Ordinances is amended by adding a new subsection (e), to read as follows: "Sec. 14 -1304. Processing and plan review fee. * * * "(e) A third party plan review or inspection may be requested by the applicant at the time the application is filed. The fee for a third party plan review or inspection requested by the applicant pays the costs of services of an approved third party consultant and the applicable overhead rate. The fee for a third party plan review requested by the applicant must be paid at the time the application is filed. The fee for a third party inspection requested by the applicant must be paid prior to the inspection. The fees for third party plan review and inspection requested by the applicant are listed in the fee schedule in Sec. 14 -1313. Third party consultant contracts are available through the Development Services Department." SECTION 2. Section 14 -1313, Code of Ordinances is amended by adding a new fee for third party plan review to the Plan Review Fees table and by adding a new fee for third party inspection services to the Miscellaneous Construction Fees table, to read as follows: "Sec. 14 -1313. Technical construction codes fee schedules. "The following fee schedules apply to activities under article II of this chapter: PLAN REVIEW FEES AMOUNT OF FEE Residential plan review Greater of: $19.25or $0.024 per square foot 3rd Party Plan Review Fee Ordinance 01052009 —253— 2 Commercial plan review Greater of: $58.00or 37% of building permit fee for first $2,000,000 of valuation + 25% of building permit fee for next $1,000,000 of valuation + 18% of building permit fee for any valuation over $3,000,000 Multiple plan review fee 15% of original plan review fee for third review submittal; 30% of original plan review fee for fourth review submittal; 45% of original plan review fee for fifth review submittal; 60% of original plan review fee for sixth review submittal; 75% of original plan review fee for seventh review submittal; 90% of original plan review fee for eighth review submittal; 100% of original plan review fee for ninth and above review submittals Third Party Plan Review when requested Contract Rate + 32% overhead rate by applicant MISCELLANEOUS CONSTRUCTION FEES AMOUNT OF FEE Certificate of occupancy for change of use of existing building or structure $206.00 Duplicate certificate of occupancy $0.10 per page Temporary events Temporary event permit w/o food service $64.80 Temporary event permit w/ food service $199.80 Construction site offices $45.90 Demolition permit Greater of: $75.00or $0.023 per square foot Accessibility plan review for commercial projects <$50,000 $101.25 3RD PARTY PLAN REVIEW FEE ORDINANCE 01052009 —254— 3 Accessibility inspection & certification $101.25 Commercial building site plan review $816.75 + $13.50 per acre Windstorm engineering plan review, inspection, & certification $300.00 per premises Failure to obtain permit Work commenced but not finished Greater of 2X fees or investigative fee Work completed Greater of 2X fees or investigative fee Miscellaneous Fees Investigative fee $337.50 Re- inspection fee $75.00 Permit research $15.00 per hour Inspections outside City, but within ETJ Inspection fee + $75.00 + $1.83 per mile Inspections outside City and ETJ Inspection fee + $1.83 per mile + $75.00 for each 200 miles Permit extension Greater of: $75.00 or 33.75% of permit fee Renewal of expired permit Greater of: $75.00 or 33.75% of permit fee + permit extension fee Request for refund on canceled permit if no work done $37.80 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 Third party inspections when requested by Contract rate + 32% overhead rate applicant Technology fee 2.5% X building permit fees Minimum fee $75.00 3RD PARTY PLAN REVIEW FEE ORDINANCE 01052009 —255— 4 SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. This ordinance is effective on February 1, 2009. 3RD PARTY PLAN REVIEW FEE ORDINANCE 01052009 —256— That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2009, 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 finally on this the day of , 2009, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly PASSED AND APPROVED, this the ATTEST: Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Armando Chapa City Secretary APPROVED: 5"' day of January, 2009: R. +ay :--fining Firs ssistant C For City Attorney Attorney day of , 2009. 3RD PARTY PLAN REVIEW FEE ORDINANCE 01052009 —257— 5 Henry Garrett Mayor 17 Page 1 of 1 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12/16/2008 AGENDA ITEM: REVISING SECTION 14 -222 (b)(3), REQUIRED INSPECTIONS, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO CHANGE THE TIME PERIODS REQUIRED FOR ELECTRICAL RE- OUT INSPECTIONS; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERANCE; PROVIDING FOR PENALTIES; AND PROVIDING AN EFFECTIVE DATE. ISSUE: Currently the local amendments require an electrical re-out inspection for commercial buildings if the energy has been disconnected for a period more than twenty -four (24) hours, except on weekends and holidays. The re -out inspection requirement for residential buildings is required after energy has been disconnected for six (6) months. The Electrical Advisory Board and Building Services staff recommend that the triggers for re -out electrical inspections be changed for commercial buildings from twenty -four (24) hours to five (5) days and the residential buildings re -out inspection would change from six (6) months to three (3) months. CONCLUSION AND RECOMMENDATION: Approve recommended changes to Chapter 14 Section 14 -222 (b) (3) a and b, Code of Ordinance. Bob Nix, Assistant City Manager for Development Services Attachments: Exhibit A: Exhibit B: Exhibit C: Background Information Copy of the Electrical Advisory Board meeting dated May 22, 2008. Copy of the City of Corpus Christi's Chapter 14 Section 14 -222 (b) (3) —261— AGENDA MEMORANDUM BACKGROUND INFORMATION BACKGROUND: Several citizens of Corpus Christi have expressed some concern over the short window a business is allowed to have the electrical energy disconnected. The past practice pursuant to the present code of Chapter 14 Section 14 -222 requires an electrical inspection of a commercial building any time electrical energy was disconnected for a short window of twenty -four (24) hours. Citizens felt this was just not enough time for a building owner to make the transition of one tenant to another. After review of this issue with the Electrical Advisory Board, the Board also concurred and proposed a recommended change from twenty -four (24) hours to five (5) days. This change will provide building owners and tenants a better opportunity to control tenant relocations within their buildings. Based on the recommended changes there will be slight revenue shift between the commercial and residential activity. This is due to the expected decrease in commercial electrical re -out inspections and anticipated increase in residential electrical inspections because of the proposed code changes. However, at this point we have no data, and we are uncertain as to the actual revenue impact. Electrical re -out inspections accounted for approximately $60,500 in revenues during fiscal year 2007 -2008, or 3 % of the total permit/inspection revenue. If a commercial site receives a permit during or after the electrical disconnect has occurred, then the permit application would cover the fee originally charged for the re -out inspection. If a modification is made without a permit, then the investigation fee would be required. This is not a change from present processing. It is important to mention, when a building owner does have a new tenant for a commercial business location, and the new business applies for a permit to improve the space, the re -out inspection would be included and covered in the improvement without extra fees charged. If a new business tenant would like to ensure there have not been any previous unauthorized changes in the tenant space, a re -out inspection would cover any changes or illegal electrical work. —262— Exhibit A Page 1 of 1 Board Members Present: Members Absent: Staff Members Present: Electrical Advisory Board May 22, 2008 Minutes Lee Montgomery (Partial) Craig Loving Daniel Dibble Bhasker Patel Michael Riley Don Fretwell Billy Ashcraft Jared Merdes Tino Vasquez David Shury Joe Elliott, Interim Building Official David Lewis, Chief Electrical Inspector Jay Reining, City's Legal Representative Sylvia Sanchez, Recording Secretary Call to Order: Motion was made by Don Fretwell and second by Billy Ashcraft to name Craig Loving as Pro Tempore; motion carried unanimously. Meeting was call to order by Craig Loving at 3:10 p.m. Approval of minutes for March 20, 2008: Motion was made by Billy Ashcraft and second by Daniel Dibble for approval of the minutes for meeting on February 21, 2008. Motion carried unanimously. 2008 National Electrical Codes: David reminded the board of their previous discussion, that it would be an easier transition for the city to adopt the 2005 code. Unfortunately adopting the 2005 code could create complications; the city will be behind the current level of activity. Mr. Lewis stated that the city management's direction is to adopt the 2008 NEC. The code is more compatible to the state and the study material that most electricians are receiving their CEUs is based on 2008 codes. Mr. Patel inquired about how many meetings does the board have to review the 2008 material and what timeline does the board have to address questions that might arise. David stated that the department will purchase the necessary study materials for board members to review (electronic, hardcopy, easy guide formats, and change guideline books). If the department receives the materials before the next board meeting staff will contact members to determine how materials will be distributed. Jay suggested purchasing the 2002 changes. It would be easier to review the current codes. Jay added that current ordinance can be viewed in the city's website by navigating to Development Services Department or can be viewed in the Municode website, select their online library, navigate to the state of Texas, select our city, and select chapter 14. Change in Local Amendments: David stated that the local amendment 14 -221 (b) (3) a. and b refers to re-out inspection. Currently the local amendments read that for commercial buildings a re -out inspection is required lithe energy has been disconnected for a period more than twenty-four (24) hours, except on weekends and holidays; for residential buildings a re -out inspection is required if the energy has been disconnected for a period of more than six (6) months. David stated that the local amendments have been in place for approximately 30 years; staff is recommending a change to the local amendments due to changes in the market place and current safety issues. David added that currently San Antonio's addresses re -out inspections read "as necessary," they do not specify dates. Billy Ashcraft stated that San Antonio utility company is different than Corpus Christi; San Antonio electrical facility is run by the city of San Antonio and Corpus Christi is not. Mr. Patel stated that 6 months for residential seems too long. It could be Page 1 of 2 -263- Exhibit B Page 1 of 2 that re -out inspections will not occur due to a residential home might only be vacant for 5 months or less. Not doing a re -out can have safety issues because the house during a few days of being vacant could be vandalized. After some discussion Dan Dibble made a motion and second by Michael Riley to change the local amendments per staff recommendation to change to read as follows: > for commercial buildings a re -out inspection is required if the energy has been disconnected for a period more than five (5) days, excepting weekends and holidays; for residential buildings a re -out inspection is required if the energy has been disconnected for a period of more than three (3) months. Motion carried unanimously. New Members: New board member, Jared Merdes, Mechanical Engineer with Patterson Engineering was welcomed and introduced by David Lewis. Joe Elliott, Interim Building Official; Jay Reining, City Attorney; and Sylvia Sanchez Development Services Management Assistance, gave a brief description of their job history with the city and current job duties. Interim Building Office Report: Mr. Elliott reported that inspection numbers are down. Staff is estimating that the general fund will be short approximately 9 million dollars. Development Services revenues will probably increase by 1 million due to recent increase on fees; the department will return approximately $900,000 to the general fund. Staff interviewed four candidates for the vacant Electrical position; an offer is forthcoming. There will also be a third party contractor for plan review and to assist with areas where the department has vacant positions. The third party contractor will assist the department as a needed basis. Joe stated float if beard members are aware a theft occurred at a job site, they should call for another inspection. Lee Montgomery inquired if the developer would be required to pay for another inspection. Joe stated that staff can work around that due to the circumstances. Mr. Elliott informed the board that the direction from management is to move forward with the adopting the 2008 NEC and for Building the 2006 codes. The goal for completion for board to review the codes and make their recommendations is October 2008. The code agenda item will than be presented for the first reading to city council in November; a second reading will be scheduled in December. The new codes will be effective January 2009. Jay stated that board members can work on code substance they would like to recommend for adoption and he will work on the language. Joe added that it is important that board members be present in the upcoming board meetings. Petition from Audience: None Adjournment: A motion to adjourn was made by Bhaster Patel, second by Dan Dibble. Motion carried. Meeting adjoumed at 4:23 p.m. Page 2 of 2 —264— Page 2 of 2 DEVELOPMENT SERVICES f. Approved engineer's inspection. It is the certifying engineer's responsibil- ity to ensure that the engineer or the engineer's representative has com- pleted the TDI framing inspection prior to the city inspector completing the city's frame inspection. g. All non - engineered structures must be inspected by an inspector certI- fied by the Texas Department of In- surance or by a limas registered professional engineer. h. A Certificate of Compliance, Form WI-8, issued by the lbws Depart- ment of Insurance is evidence ofcom- pliance with this section, and is re- quired before issuance ofa certificate of occupancy. No substitutions will be accepted. A temporary certificate of occupancy may be issued prior to receipt of the Certificate of Compli- ance from the Texas Department of • Insurance upon presentation of a copy of the Building Certificate, Form WPI-2, and copies of all required Field Forms, Form WPI -7, from a Texas Department of Insurance in- spector, a Texas registered profes- sional engineer, or the contractor. Only inspectors employed or certi- fied by the Texas Department of In- surance or Micas registered profes- sional engineers may be used to inspect for compliance with this sec- tion. Unless the building official and building inspectors employed by the city as inspectors by the Texas De- partment of Insurance, the building Vidal and building inspectors em- ployed by the city will not certify compliance with this section, but may notify the Texas Department of In- surance if any suspected violations are observed during the normal course of other inspections. (b) Electrical. (1) Rough inspection. Arough inspection must be called far by the permittee and must be made prior to the concealment of the work. CD14:35 —265— 14.222 (2) Pinol inspection. A final inspection must be called for by the permittee within thirty (30) days of the completion of work, and must be made of every structure or pre- mises, for which a permit was obtained, upon completion and prior to final ap- proval of or the issuance of the certificate of occupancy, and release of permanent power as required. (3) Re -out inspection. It is unlawful for any person, firm, or corporation to connect, or cause to have connected, the source of energy at a utility meter which has been disconnected, fbr a specified period of time, until a re-out inspection is made and approval has been issued in writing by the building official or building official's authorized representative, authorizing the reconnection and use of the wiring, de- vices, or equipment. a. For commercial buildings a re-out inspection is required if the energy has been disconnected fir a period more than twenty -four (24) hours, excepting weekends and holidays. b. For residential buildings a re -out inspection is required if the a re -out inspection is required if period of more than six (6) months. (c) Fuel gas. (1) Utility service inspection. A utility service inspection must be called for by the per - mittee or the permtttee's authorized agent, and must be made after the piping from the utility easement to the building is installed and prior to the concealment of the work. An additional pressure test may be required on all utilities before the inspection is approved. (2) Under floor (rough) inspection. An under floor inspection must be called for by the permittee or the permittee's agent, and must be made after all the piping under the floor is installed and prior to the concealment of the work. A pressure test may be required on all piping before the inspection is approved. IExhibit C Page 1 of 1 Page 1 of 3 AN ORDINANCE REVISING SECTION 14 -222 (b)(3) REQUIRED INSPECTIONS, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO CHANGE THE TIME PERIODS REQUIRED FOR ELECTRICAL RE -OUT INSPECTIONS; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERANCE; PROVIDING FOR PENALTIES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 14 -222 (b)(3) Required Inspections, Code of Ordinances, City of Corpus Christi, is revised to read as follows: "Sec. 14.222. Required inspections. "(b) Electrical. "(3) Re -out inspection. It is unlawful for any person, firm, or corporation to connect, or cause to have connected, the source of energy at a utility meter which as been disconnected, for a specified period of time, until a re -out inspection is made and approval has been issued in writing by the building official or building official's authorized representative, authorizing the reconnection and use of the wiring, devices or equipment. "a. For commercial buildings a re -out inspection is required if the energy has been disconnected for a period more than - twenty -four (21) hours five (5) days, excepting weekends and holidays. For residential buildings a re -out inspection is required if the energy has been disconnected for a a re out inspection is required if period of more than cix (6) three (3) months." 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. Q:\ Shared\Jay\Agenda\2008 \12- 16\ORD amending 14 -221 §Pbc Page 2 of 3 SECTION 4. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 14 -227 of the City Code of Ordinances. SECTION 5. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 6. This ordinance shall take effect upon and after publication of this ordinance. Q:\ Shared\Jay\Agenda\2008 \12- 16 \ORD amending 14 -2227) .tloc Page 3 of 3 That the foregoing ordinance was read for. the first time and passed to its second reading on this the !U - day of D &C-€.44.b.0 , 2008, 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 Aft 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 Henry Garrett City Secretary Mayor APPROVED as to form: December 5, 2008 By: A., 1411.u• Y A; 4 in First Assistant City Attorney For City Attorney Q: \SharedWay\Agenda\2008 \12- 16 \ORD amending 14- 222 (2)§4.5c 18 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: December 16, 2008 a. Public hearing and first reading ordinance to consider abandoning and vacating the Avenue "F" public street right -of -way (1.248 acres), from the East Navigation Boulevard public right -of -way to the Breakwater Street public right -of -way. b. Public hearing and first reading ordinance to consider abandoning and vacating a portion of the Texaco Road street right -of -way (0.384 acres), from the East Navigation Boulevard public street right -of -way, north approximately 278 feet to the city limit line. c. Public hearing and first reading ordinance to consider abandoning and vacating a portion of the Signior Road public street right -of way (0.388 acres), from East Navigation Boulevard, north approximately 281 feet to the city limit line. d. Public hearing and first reading ordinance to consider abandoning and vacating a portion of the East Navigation Boulevard public street right -of -way (9.367 acres), from the Avenue "F" public street right -of -way, west approximately 5,857 feet to the city limit line. e. Resolution authorizing the City Manager or designee to execute a Right -of -Way Agreement with the Port of Corpus Christi Authority for the purpose of exchanging real estate rights needed by each party through the process of vacating and abandoning, granting, selling or other means, to convey these rights to each other. ISSUE: Port of Corpus Christi Authority (POCCA) is requesting the abandonment and vacation of the dedicated public rights -of -way to upgrade their security capabilities at multiple locations throughout the Port. It is also necessary for the City of Corpus Christi to acquire rights -of -way and easements from the Port of Corpus Christi Authority to complete its Capital Improvement Program. REQUIRED COUNCIL ACTION: City Charter Article X, Paragraph 9, requires Council approval to abandon and vacate any portion of street rights -of -way. City Charter Article X, Paragraph 11, requires a public hearing prior to the abandonment and vacating of any street rights -of -way. IMPLEMENTATION SCHEDULE: Upon approval by Council and issuance of the ordinance, all grants of street closures and dedication of utility easements must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up -to -date survey, abstracted for all public rights -of -way, easements, and items of record, must be submitted to the Deputy Director of Development Services. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit A - Exhibit B Exhibit C Exhibit D Background Information — Ordinance - Site Location Map - Right of Way Agreement -271- Bob Nix, AICP ACM of Development Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Port of Corpus Christi Authority, is requesting the abandonment and vacation of a 1.248 acre tract of land out of the Avenue "F" public street right -of -way (ROW), north of East Navigation Boulevard, a 0.384 acre tract of land out of the Texaco Road ROW, north of East Navigation Boulevard, a 0.388 acre tract of land out of the Sigmor Road ROW, north of East Navigation Boulevard, and a 9.367 acre tract of land out of the East Navigation Boulevard ROW, west of Avenue "F", west to the city limit line. These road sections are within the city limits of Corpus Christi and extend to Nueces County Jurisdiction. The public street rights -of -way to be abandoned and vacated are located in an 1-3" Heavy Industrial District. The portion of Avenue "F" to be abandoned and vacated is located just north of East Navigation Boulevard, between East Navigation Boulevard and Breakwater Avenue. The portion of Texaco Road to be abandoned and vacated is located just north of East Navigation Boulevard, between East Navigation Blvd. and the city limit line. The portion of Sigmor Road to be abandoned and vacated is located just north of East Navigation Boulevard, between East Navigation Blvd. and the city limit line. The portion of East Navigation Boulevard to be abandoned and vacated is located west of Avenue "F', between Avenue "F" and the city limit line. The said portions of public rights -of -way are being abandoned and vacated, because the Port of Corpus Christi Authority (POCCA) is currently upgrading their security capabilities at multiple locations throughout the Port. As part of those security measures, POCCA proposes to route traffic away from the docks and expand the Port of Corpus Christi's secure area. The abandonment and vacation of the street rights -of -way will be implemented in phases to maintain safe traffic movement. As part of the abandoning and vacating of these public street rights -of -way, the City of Corpus Christi will be acquiring some property from POCCA for a 30 -foot wide sanitary sewer easement for buffer zone purposes in association with the Broadway Wastewater Treatment Plant re- construction project. The City of Corpus Christi in the future will be proposing the abandonment and vacation of a portion of Resaca Street, from North Tancahua Street to San Rankin Street. The City along with POCCA, are the adjacent property owners to a portion of Resaca Street, from North Tancahua Street to Sam Rankin Street the Resaca Street public right -of -way. Upon the abandonment and vacation of the Resaca Street right -of -way, The City of Corpus Christi with an agreement made with POCCA, will be retaining POCCA's entire portion of the Resaca Street public right -of -way. The City in the future, will also be acquiring a portion of the North Port Avenue public street right -of -way from POCCA, as part of their street widening project of North Port Avenue, from the Interstate 37 public right -of -way, north to Whataburger Field. All public and franchised utilities were contacted regarding this closure request and no objections were received by any of the utility companies. City Water Department has an existing 12" waterline within the Avenue "F' ROW and a 6" waterline within the Texaco Road ROW. City Gas Department has an existing 4" gas line within the Texaco Road ROW, an existing 8" gas line within the East Navigation Boulevard ROW, and an existing 10" gas line within the Avenue "F" ROW. SBC has buried cable within the Texaco Road and East Navigation Boulevard street rights -of -way. AEP, had no objections, but will seek reimbursement by the Permittee if adjustments to their facilities become necessary. City Staff is requiring that the Port of Corpus Christi retain the entire right -of -way width of Avenue "F", Texaco Road, Sigmor Road, and East Navigation Boulevard as utility easements because of the existing utilities located within the four (4) public street rights -of -way. Staff recommends that the Owner pay the net fair market value of $55,302.09 for the abandonment and vacating of the four (4) public street rights -of -way (Ave "F' ($5,933.92), Navigation Blvd. ($45,366.58), Texaco Rd. ($2,093.81), and Sigmor Rd. ($1,907.78)). The City of Corpus Christi and the Port of Corpus Christi Authority will be exchanging real estate property through a Right -of -Way Agreement that will off -set part of the fair market value fee being assessed for the four proposed public street rights -of -way being proposed for closure. The owner has been advised of and concurs with the conditions of the right -of -way abandonment. EXHIBIT A -272- Page 1 of 3 ORDINANCE ABANDONING AND VACATING THE AVENUE "F" PUBLIC STREET RIGHT -OF -WAY (1.248 ACRES), FROM THE EAST NAVIGATION BOULEVARD PUBLIC RIGHT -OF -WAY TO THE BREAKWATER STREET PUBLIC RIGHT -OF -WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Port of Corpus Christi Authority (Owner) is requesting the abandonment and vacating of the Avenue "F" public street right -of -way (1.248 acres), from the East Navigation Boulevard public right -of -way to the Breakwater Street public right -of -way to upgrade their security capabilities at multiple locations throughout the Port; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, December 16, 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 Avenue "F" public street right -of- way (1.248 acres), subject to compliance with the specified conditions. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the Avenue "F" public street right -of -way (1.248 acres), from the East Navigation Boulevard public right -of -way to the Breakwater Street public right -of -way, as recorded in Volume A, Pages 30 -32 and Volume A, Page 33, of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public right -of -way is conditioned as follows: 1) The fair market value of the property is $40,772.16. $27,280.98 is deducted from the fair market value as consideration for the retained utility easement in the entire right -of -way width of Avenue "F ". $7,557.26 is also deducted from the fair market value as consideration for a portion of the value of right -of -ways to be acquired by the City from the Owner. Owner pays the remaining fair market value of $5,933.92 for the abandonment and vacation of the 1.248 acres of Avenue "F" public street right -of -way. 2) Owner shall retain the entire right -of -way width of Avenue "F" as a utility easement because of the existing utilities located within the street right -of -way. 3) City will be acquiring some property from Owner for a sanitary sewer easement, for buffer zone purposes. Q:\ Shared \ay\Agenda\2008 \t2- 16 \ORD- abandon - vacateSt 2 uBROW- PortofCC- AvenueF.doc Page 2 of 3 4) Upon the closure of the portion of the Resaca Street public right -of -way, from North Tancahua Street and Sam Rankin Street, the City and Owner, adjacent property owners to that portion of right -of -way, agree that the City will retain the entire Resaca Street right -of -way, between North Tancahua Street and Sam Rankin Street. 5) The City will also be acquiring a portion of the North Port Avenue public street right - of -way from Owner, as part of their street widening project of North Port Avenue, from the Interstate 37 public right -of -way, north to Whataburger Field. 6) Actual closure of the street right -of -way shall be coordinated so as to maintain traffic safety and emergency access. 7) Within 180 days of approval by Council and issuance of the ordinance, all grants of street closures and dedications of utility easements must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to Building Permit approval of construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Development Services Engineer. Q:\SharedU ay\Agenda\2008 \12- 16 \ORD- abandon- vacateStre2t7AROW- PortofCC -Avon ueF.doc That the forego' on this the i(p Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel) �� I\ 0 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 Hummell Michael McCutchon Bill Kelly Page 3 of 3 ordinance was read for the first time and passed to its second reading day of .tt.,&vL cA , 2008, by the following vote: PASSED AND APPROVED, this the day of 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: December 8, 2008 By: Yv a Ag -' ar Assistant City Attorney For City Attorney Henry Garrett Mayor Q:\ Shared \ayWgenda\2008\12- 16 \ORD- abandon- vacateSt7217 ARDW- PortotCC- AvenueF.doc 4AARIIC SCALE AVENUE F MCA ROA P7 -0340 ME AL8 •2034 -7 PORT OF CORPUS CHRISTI AUTHORITY CITY R.O.W. CLOSURE AVENUE F ` APft zoos LOCATION AUP 1 1 1 1 1 8 1 GFUPHIC SCJLE a l0Q 233 aoo am' f / FU-113"111.04‘1"" /' 5 80'30'27" E TRACO MO 43.17 AIM41vARN trr. PCCA DISK ENTER-2 N 884817" E 34.483 CITY UMITS N 05'48'29 E 278.93' 5 8841318" W 80.62' FND. 5/8' I.R. RD AD 4. 1;1 5 05'48'29' W 275.95' D. 5/r LR. POINT OF BEGINNING NAVIGATION BOULEVARD , s atm- FLQ311 1. BEARINGS ME BASED ON CPS BEARINGS. NAO 27. TEXAS SOUTH ZONE PCCA InpuUENT 'ENTER-2'. PCCA BRASS DISK LOCATED ON TIE NCR1N END OF NE NEST CULVERT ON AVENUE F. 287' NORTH OF NARGADON BUM 2. MAP TO ACCEFICANIWRiab NEWTS ECM A 1.248 ACRE 'DUCT. CURRENTLY A FORIICROZE CialE-L-TO BE_CLOSat ........ 1.4" re A .4 • it:t-1 1-- . 3,4.471, Cer ‘0\*.: C. Ats#41:7 /e8 LEGEND PROPOSED COUNTY R.O.W. CLOSURE PROPOSED CITY R.0.W. CLOSURE PS* PRD.I. /07-0340 IlvE p3024-7 ic DATE MAWR PORT OF CORPUS CHRISTI AUTHORITY CITY R.O.W. CLOSURE hpooltramtar 7 OF Lae AS SHOW AVENUE F -amt. MAR 2008 CORPUS CHRISTI is RIGHT OF WAY la ctb FND. 5/8' „ M IVO 1 23 5 4 -277- Page 1 of 3 ORDINANCE ABANDONING AND VACATING A PORTION OF THE TEXACO ROAD STREET RIGHT -OF -WAY (0.384 ACRES), FROM THE EAST NAVIGATION BOULEVARD PUBLIC STREET RIGHT -OF -WAY, NORTH APPROXIMATELY 278 FEET TO THE CITY LIMIT LINE; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Port of Corpus Christi Authority (Owner) is requesting the abandonment and vacating of a portion of the Texaco Road street right -of -way (0.384 acres), from the East Navigation Boulevard public street right -of -way, north approximately 278 feet to the City limit line to upgrade their security capabilities at multiple locations throughout the Port; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday; December 16, 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 Texaco Road street right -of -way (0.384 acres), subject to compliance with the specified conditions. (Exhibit A) NOW, THEREFORE_ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the portion of Texaco Road street right -of -way (0.384 acres), from the East Navigation Boulevard public street right -of -way, north approximately 278 feet to the City limit line, as recorded in Volume A, Pages 30 -32 and Volume A, Page 33, of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public right -of -way is conditioned as follows: 1) The fair market value of the property is $12,545.28. $8,184.29 is deducted from the fair market value as consideration for the retained utility easement in the entire right - of -way width of Texaco Road. $2,267.18 is also deducted from the fair market value as consideration for a portion of the value of right -of -ways to be acquired by the City from the Owner. Owner pays the remaining fair market value of $2,093.81 for the abandonment and vacation of the 0.384 acres of Texaco Road public street right -of- way. 2) Owner shall retain the entire right -of -way width of Texaco Road as a utility easement because of the existing utilities located within the street right -of -way. 3) City will be acquiring some property from Owner for a sanitary sewer easement, for buffer zone purposes. Q:\Shared W ay\Agenda\2006 \12- 16 \ORD- abandon- vacateSRaeaibROW- PortofCC- TexacoRd.doc Page 2 of 3 4) Upon the closure of the portion of the Resaca Street public right -of -way, from North Tancahua Street and Sam Rankin Street, the City and Owner, adjacent property owners to that portion of right -of -way, agree that the City will retain the entire Resaca Street right -of -way, between North Tancahua Street and Sam Rankin Street. 5) The City will also be acquiring a portion of the North Port Avenue public street right - of -way from Owner, as part of their street widening project of North Port Avenue, from the Interstate 37 public right -of -way, north to Whataburger Field. 6) Actual closure of the street right -of -way shall be coordinated so as to maintain traffic safety and emergency access. 7) Within 180 days of approval by Council and issuance of the ordinance, all grants of street closures and dedications of utility easements must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is iocated. 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 Development Services Engineer. Q:\Shared\JayWgenda\ 2006\ 12- 16\ OR0.abandon- vacateStle2tWu9ROW- PortofCC- TexacoRd.doc Page 3 of 3 That the foregoi t,• ordinance was read for the first time and passed to its second reading on this the I lP ` day of _______________,2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel) 1\10 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: December 8, 2008 By: di Q Y,-tte Assistant City Attorney For City Attorney cauR Henry Garrett Mayor O:\S hared \ayiAgenda\ 2008\ 12- 16\ ORD-abandon- vacateStre2t8SROW -POrtofCC- TexacoRd.doc -- 1MIS3�is7 TEXACO RD B( 1 5 Fel IS P202.-7 PORT OF CORPUS CHRISTI AUTHORITY CITY R.O.W. CLOSURE 1 TFYACO RD. LOCA71ON MAP —its I- a 1 1 1 CRAW SCALE 100 300 .0ERLTONtMEMNATCNAL TRCE 001,021 ' FRO. 5/0- I.R. • • • P .. 0 rad; 1.; 8 ;1 1.1,g?: A • • . . r ENTER-2 DISK N 88'48'17" E 60.00' CRY LIMITS CRY LIMITS Iz N 011842- W I:-: S 0118'42" E 44. 278.70' :7.1 f'‘. F.:, .. :- l''..r.:' • IC . I* WS ...‘ ."...::: S 8841'18- W 60.00" 00INT Or BEDNNING N 9,41-18 E 909.69 D ' NAVICLATION BOULEVAR MIMS: I. BEARINGS ARE BASED 014 Cps BEARING& HAD 27. MIAS SOUTH ZONE. PCCA NC:NUMMI 'ENTEA-t. PCCA BRASS DM LOCATED ON THE DENIM DO co. DC WEST CTA.VERT ON AVENUE E. 297 HORN W twAGATON BM. 2. DAP TO ACCONLareWASITTED BENG A 0.364 ACRE TRACT. CURRENTLY NE SCUM 7 ROA RD 70 BE CLOSED. 1 . .... .... ............. ........ ............. 7/0170, PCCA PQM /07 —1334C FOFNEP reatil PROPOSED COUNTY R.O.W. 0_051/RE PROPOSED CITY R.O.W. CLOSURE RYE Le f0Z024-7 C DATE 11E11301 1 2 3 • 5 • 9 Impodliebraltlis• OF COINS Or PORT OF CORPUS CHRISTI AUTHORITY CITY R.O.W. CLOSURE kar AS SHOWN TEXACO ROAD mAii. 2009 Sirr— RIGHT OF WAY elb 2 -282-- Page 1 of 3 ORDINANCE ABANDONING AND VACATING A PORTION OF THE SIGMOR ROAD STREET RIGHT -OF -WAY (0.388 ACRES), FROM EAST NAVIGATION BOULEVARD, NORTH APPROXIMATELY 281 FEET TO THE CITY LIMIT LINE; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Port of Corpus Christi Authority (Owner) is requesting the abandonment and vacating of a portion of the Sigmor Road street right -of -way (0.388 acres), from East Navigation Boulevard, north approximately 281 feet to the City limit line to upgrade their security capabilities at multiple locations throughout the Port; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, December 16, 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 Sigmor Road street right -of -way (0.388 acres), subject to compliance with the specified conditions. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the portion of Sigmor Road street right -of -way (0.388 acres), from East Navigation Boulevard, north approximately 281 feet to the City limit line, as recorded in Volume A, Pages 30 -32 and Volume A, Page 33, of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public right -of -way is conditioned as follows: 1) The fair market value of the property is $12,675.96. $8,432.30 is deducted from the fair market value as consideration for the retained utility easement in the entire right - of -way width of Sigmor Road. $2,335.88 is also deducted from the fair market value as consideration for a portion of the value of right -of -ways to be acquired by the City from the Owner. Owner pays the remaining fair market value of $1,907.78 for the abandonment and vacation of the 0.388 acres of Sigmor Road public street right -of- way. 2) Owner shall retain the entire right -of -way width of Sigmor Road as a utility easement because of the existing utilities located within the street right -of -way. 3) City will be acquiring some property from Owner for a sanitary sewer easement, for buffer zone purposes. Q:\, Shared\JayWgenda12008\12- 16\ORD- abandon- vacateStreelW IOW - PortofCC- SigmorRd. doc Page 2 of 3 4) Upon the closure of the portion of the Resaca Street public right -of -way, from North Tancahua Street and Sam Rankin Street, the City and Owner, adjacent property owners to that portion of right -of -way, agree that the City will retain the entire Resaca Street right -of -way, between North Tancahua Street and Sam Rankin Street. 5) The City will also be acquiring a portion of the North Port Avenue public street right - of -way from Owner, as part of their street widening project of North Port Avenue, from the Interstate 37 public right -of -way, north to Whataburger Field. 6) Actual closure of the street right -of -way shall be coordinated so as to maintain traffic safety and emergency access. 7) Within 180 days of approval by Council and issuance of the ordinance, all grants of street closures and dedications of utility easements must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to Building Permit approval of construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Development Services Engineer. Q:\S hared\JapAgenda \2008 \12- 16 \ORD- abandon- vacate51Fe6l141b1ROW -PortofCC- SigmorRd. doc That the foreaoi on this the Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly That the foregoing day of Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Page 3 of 3 ordinanc was rea for the first time and passed to its second reading day of Ce ri\ , 2008, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon ordinance was read for the second time and passed finally on this the , 2008, by the following vote: PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary APPROVED as to form: December 8, 2008 By: of • 11 ette Assistant City Attorney For City Attorney Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon day of , 2008. Henry Garrett Mayor Q:\ SharedUayAgenda\2006 \12- 16 \0RD- abandon- vacateSfreZQ RbW- PortofCC - SigmorRd.doc SIGMOR RD. • - I��-_ ♦J�(/ /jam/ • PWA PJ..00 -O3C PRE .03 g0,24-7 PORT OF CORPUS CHRIST AUTHORITY CITY R.O.W. CLOSURE SIGMOR RD. LOCATION MAP 8 1 1 1 1 GRAPIC SCALE 0 100 200 300 400' JCO PILT24114113WIATONAL TRACE CORINDOI a A V CI Pe te1,4/ V 4 V 2 0 R IAr A A 0 0 R. P Li Ei 0 ': R i 8 T V • N 8848'17" E /11 60.00' crry umrrs . --• N 0118'42" W-N 281.73' P . L2(.1 I 5 88'41118- W 60.00" — — - NAV}GATION BOULEVARD ern' LIMITS S 011842" E 281.61' ENTER-2 DISK_ .\ POINT Cr BEGINNING HOLT 1. BEARINGS ARE Eli= ON pPs BEARINGS. NAD 27, MPS SOUTH ZONE. PCCA mONUMENT ENTER-2 . PCtA BRASS DISK LOCATED ON TIE NORTI END Of TIE %CST MOST ON ALCOVE E. 29r WORN Of NANGATC*1 BLVD. 2. MAP 11:1 AWOUNATtle.1.115 BEING A 0.3.111 ACRE 1RACT. CUPIDITY TIE SOUTH PORmN Sad RD TO BE CLOSED. -w-sociw ............... : . ...... ....... . ..... •• .WOloe jamb PROPOSED COUNTY R.O.W. CLOSURE PROPOSED 017 CLOSJRE EWA MEDI 107-034E RTE JCEI pnoz4-7 no NA DATE REND901 PORT Or CORPUS CHRISTI AUTHORITY 2 CITY R.O.W. CLOSURE togoalisoagar OF OXFUS Of= - AS SHDIVid SIGMOR ROAD ik Km. zoos eta RIGHT OF WAY 3 D(H1 la T218774-- Page 1 of 3 ORDINANCE ABANDONING AND VACATING A PORTION OF THE EAST NAVIGATION BOULEVARD PUBLIC STREET RIGHT -OF -WAY (9.367 ACRES), FROM THE AVENUE "F" PUBLIC STREET RIGHT -OF -WAY, WEST APPROXIMATELY 5,857 FEET TO THE CITY LIMIT LINE; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Port of Corpus Christi Authority (Owner) is requesting the abandonment and vacating of a portion of the East Navigation Boulevard public street right -of -way (9.367 acres), from the Avenue "F" public street right -of -way, west approximately 5,857 feet to the City limit line to upgrade their security capabilities at multiple locations throughout the Port; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, December 16, 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 East Navigation Boulevard public street right -of -way (9.367 acres), subject to compliance with the specified conditions. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the portion of East Navigation Boulevard public street right -of -way (9.367 acres), from the Avenue "F" public street right -of -way, west approximately 5,857 feet to the City limit line, as recorded in Volume A, Pages 30 -32 and Volume A, Page 33, of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public right -of -way is conditioned as follows: 1) The fair market value of the property is $306,019.89. $204,111.28 is deducted from the fair market value as consideration for the retained utility easement in the entire right -of -way width of East Navigation Boulevard. $56,542.03 is also deducted from the fair market value as consideration for a portion of the value of right -of -ways to be acquired by the City from the Owner. Owner pays cash for the remaining fair market value of $45,366.58 for the abandonment and vacation of the 9.367 acres of East Navigation Boulevard public street right -of -way. 2) Owner shall retain the entire right -of -way width of East Navigation Boulevard as a utility easement because of the existing utilities located within the street right -of -way. Q:\SharedUayW genda\2008 \12- 16\ORD- abandon- vacatebf ii ROW - PortofCC- ENavigation. doc Page 2 of 3 3) City will be acquiring some property from Owner for a sanitary sewer easement, for buffer zone purposes. 4) Upon the closure of the portion of the Resaca Street public right -of -way, from North Tancahua Street and Sam Rankin Street, the City and Owner, adjacent property owners to that portion of right -of -way, agree that the City will retain the entire Resaca Street right -of -way, between North Tancahua Street and Sam Rankin Street. 5) The City will also be acquiring a portion of the North Port Avenue public street right - of -way from Owner, as part of their street widening project of North Port Avenue, from the Interstate 37 public right -of -way, north to Whataburger Field. 6) Actual closure of the street right -of -way shall be coordinated so as to maintain traffic safety and emergency access. 7) Within 180 days of approval by Council and issuance of the ordinance, all grants of street closures and dedications of utility easements must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to Building Permit approval of construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Development Services Engineer. Q:\Shared\JapAgenda\ 2006\ 12- 16 \ORD- abandon- vacateStre PlitlROW- PortofCC - ENavigation.doc Page 3 of 3 That the fore o »g ordina _ e was re d for the first time and passed to its second reading on this the f 0 —day of A. , 2008, by the following vote: Henry Garrett Priscilla G. Leal Ale--- Melody Cooper John E. Marez __4/1"--1 Larry Elizondo, Sr. �� Nib_ Nelda Martinez Mike Hummel! __10 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 Henry Garrett City Secretary Mayor APPROVED as to form: December 8, 2008 i By: Ali / 01. YveIeAgu'- 1 Ass tant City Attorney For City Attorney Q: \Shared\JapAgenda \2008 \12- 161ORD- abandon- vacateS12aIQJZROW- PortofCC- ENavigation.doc NAVIGATION BLVD. PORT OF CORPUS CHRIST AUTHORITY CITY R.O.W. CLOSURE -291 - EXtt 18Z T A 1 5 1 1 t GRAPHIC SCME 0 150' SE• ea' 1100' LEWD; PROP0SL1) QTY R.O.W. CLOSURE A1/2311 r M 11-29 • • rr. figal: 1. BEARINGS ARE BASED ON CPS BEARINGS. RAD 27, 1EXA5 SCUM ZONE. PCCA MONUMENT 'ENTER-2*. PCCA BRASS DISK LOCATED EN THE NORTH END OF THE BEST CULVERT OH AVENUE F. 297' NORM OF NMAGATON BLVD. 2. MAP 10 ACCPAPANY ROTES BOAC A 9.367 Aen TRACT. CURRENTLY ALL PC 115 Sfe.. leo WITHIN OW U1.111S 10 BE CLOSED. ....... •••c;‘,5-fir "•-• • 6'.."0. • . A NC 3 40- 948 PCCA PRO/ 037-11140 RW JOB p2024-7 1 8 88 g No, °Alt ROOM PORT Or CORPUS CHRIST AUTHORITY 2 3 • 3 3 7 9 I. brallroc1Ibr CITY R.O.W. CLOSURE lic•Am OF OCIRFUS 02511 AS SI clb NAVIGATION BLVD. RIGHT OF WAY ftm IAAR. 200B -292- 19 CITY COUNCIL AGENDA MEMORANDUM December 9, 2008 AGENDA ITEM: ORDINANCE GRANTING TO AEP TEXAS CENTRAL COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON - EXCLUSIVE FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE LINES AND APPURTENANCES AND APPLIANCES FOR CONDUCTING ELECTRICITY IN, OVER, UNDER AND THROUGH THE STREETS, AVENUES, ALLEYS AND PUBLIC RIGHTS -OF -WAY OF THE CITY OF CORPUS CHRISTI, TEXAS ISSUE: The franchise with AEP is a 25 year term, commencing effective January 1, 2003, and ending December 31, 2028. Additional terms and conditions are summarized in the background information. REQUIRED COUNCIL ACTION: Approval of the Ordinance. CONCLUSION AND RECOMMENDATION: Approval of the Ordinance. Director of Intergovernmental Relations -295- BACKGROUND INFORMATION: Summary of Terms and Conditions for AEP Franchise: Term: 25 year term retroactive to January 1, 2003, the date which the previous franchise expired, thru December 31, 2028. Compensation for use of City right of way: Monthly payment to City of $0.002417 per KWh delivered by AEP (Same rate as previous franchise as established by state law in 1999). Additional Compensation: City may adopt an ordinance to incrementally increase KWh rate every 4 years, not to exceed $:0036255 (which represents up to a 50% increase in the franchise fee), subject to AEP's ability to pass through increase to rate payers. ❑ While existing franchise fee expenses are built into AEP's rate structure, this option for any increase in the franchise fee paid to the city would be billed to customers under a separate rider. ❑ Consideration would need to be given at the appropriate time of consideration of such a measure as to the potential impact to higher usage customers. Relocation Expenses: AEP is to relocate its facilities at AEP expense for street widening and street straightening in accordance with state law. ❑ AEP agrees to potentially bear additional expenses for relocation when requested by City Manager for City to meet ADA requirements, subject to Legislative or Public Utilities Commission approval of a streamlined regulation mechanism for AEP recovery of these additional costs. ❑ AEP has drafted a letter agreement (see related attachment) expressing its intent to pursue streamlined distribution mechanism either through the 2009 legislature, or in proceeding at the Public Utilities Commission. The City agrees to support AEP in its endeavor to implement streamlined distribution regulations for this purpose. ❑ As a historical point of reference, the City and AEP have developed a cooperative approach to situations where a conflict exists with existing infrastructure associated with ADA related projects. Over the last year, only two AEP poles required relocation for ADA related purposes, and in both of those cases, AEP relocated their poles at no cost to the city. In most cases, design consideration is given to avoiding the need for relocation of AEP facilities so as to not create a conflict if possible. —296— AEP Franchise Payment History: Year Franchise Payment • 1999 $8,814,611 • 2000 $9,208,611 • 2001 $11,515,577 • 2002 $10,102,062 • 2003 $8,898,951 • 2004 $8,705,598 • 2005 $9,020,344 • 2006 $9,382,079 • 2007 $9,263,025 • 2008 $9,303,255 (rolling 12 -month payments YTD) Note: While factor is held constant, variables that affect franchise payments include load growth thru development, weather patterns, system expansion, etc. AEP continues to make quarterly franchise payments to the City in accordance with the expired franchise agreement. -297- November 5, 2008 Mr. `Angel R. Escobar Interim City Manager City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78469-9277 RE: Corpus Christi Franchise renewal with AEP Texas Central Company Dear Mr. Escobar: As you know, the City of Corpus Christi ( "City ") and AEP Texas Central Company ( "AEP ") are cunentty in negotiations to reach agreement on terms and provisions for a renewal of the electric franchise for the City ( "Franchise Agreement "). In connection with those negotiations, AEP has offered to include in the Franchise Agreement the following assurance with respect to the payment of expenses for the relocation of its facilities in response to requests by the City to meet its Americans with Disabilities Act compliance requirements: "Notwithstanding anything to the contrary herein contained, AEP agrees to bear the expenses for any removal, relocation, change or alteration of its Facilities when requested by the City Manager for the City to meet Americans with Disabilities Act ( "ADA ") compliance when and if the PUCT approves a streamlined regulation mechanism for including recovery of distribution investments in rates and the AEP capital investments incurred to meet the City's ADA compliance are recoverable through such streamlined distribution regulations." The City has now asked for further assurances of AEP's intent to pursue the implementation of streamlined distribution regulations by statutory change initiated during the next Texas legislative session, which begins in January 2009, or through a regulatory proceeding before the Public Utility Regulatory Commission of Texas ( "PUCT "). In response to the City's request, AEP hereby expresses its intent to pursue such streamlined distribution regulations through either a legislative change during the next legislative session beginning in January 2009, and /or a proceeding before the PUCT. AEP does not guarantee or warrant in any manner whatsoever that a favorable outcome, meaning one meeting the City's expectations, will result from AEP's actions. -298- Mr. 'Angel R. Escobar Page 2 November 5, 2008 The City agrees that it will support A EP in this endeavor by providing information available to it and other reasonable assistance to AEP to assist AEP in its efforts to implement streamlined distribution regulations in Texas. If the further assurances and commitments set out above meet with the City's approval, please so indicate by signing and returning a copy of this letter to inc. Very truly yours, Pablo A. Vegas President and Chief Operating Officer, AEP Texas Central Company cc: Ken Griffin Richard Byrne Rhonda Ryan Paul Bordeaux ACI {NOWLEDGED AND AGREED, this CITY OF CORPUS CHRISTI By: day of November, 2008. `Angel R. Escobar, Interim City Manager Approved as to form: Lisa O. Aguilar, Sr. Asst. City Attorney Doc 6378504.v1 Date: 11/5/2008 10:02 AM Water's Direct Number: 361 -881 -5321 -299- Execution Version AN ORDINANCE GRANTING TO AEP TEXAS CENTRAL COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON - EXCLUSIVE FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE LINES AND APPURTENANCES AND APPLIANCES FOR CONDUCTING ELECTRICITY IN, OVER, UNDER AND THROUGH THE STREETS, AVENUES, ALLEYS AND PUBLIC RIGHTS -OF- WAY OF THE CITY OF CORPUS CHRISTI, TEXAS WHEREAS, AEP Texas Central Company, (hereinafter "AEP ") has been engaged in the electric power business in the State of Texas and the City of Corpus Christi (hereinafter the "City") for many years; and, WHEREAS, AEP has operated under franchises from the City for many years, and it is to the mutual benefit of AEP and the City that the City renew its grant of a franchise to AEP under the terms and conditions contained herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Grant of Franchise. Pursuant to Article IX of its Charter and other applicable law, City hereby grants to AEP and its successors and assigns the non - exclusive right, privilege, franchise, and authority to set, erect, construct, support, attach, connect, extend, and stretch Facilities between, and maintain and operate and use lines and other Facilities in, above, under, across, and along the Public Rights -of -Way of the City, as the same now exist or may hereafter be laid out, in the City of Corpus Christi, Texas, for the transmission and distribution of electric energy and services incidental thereto either by means of overhead or underground conductors, with all necessary or desirable appurtenances and appliances, as currently installed or that may be installed in the future, including but not limited to: 1) underground conduits, poles, towers, wires and transmission lines, ducts, cables, braces, guys, anchors, manholes and vaults, transformers, switches, meter - reading devices, outdoor Lighting, and fixtures, 2) communication systems and fiber optic cable and telegraph and telephone wires for its own use in its delivery of electricity, and 3) any and all other equipment, appliances, attachments, appurtenances and other items necessary, convenient, or in any way appertaining to any and all of the foregoing (hereinafter "Facilities ") for the purpose of transmitting and distributing electrical energy to said City and the inhabitants thereof, and persons and corporations within and beyond the limits thereof, for light, heat, power and similar purposes (and for broadband over power lines as set forth below) and to license or lease space on or within the AEP'spoles, conduit and appurtenant facilities for the attachment of third party facilities required or authorized under applicable law. "Public Rights -of -Way" shall mean all rights -of -way for public roads, streets, avenues, alleys, sidewalks, highways, and all other public property of the City as the same now exist or may be hereafter laid out, platted, dedicated, acquired or improved within the present limits of the City and as such limits may be hereafter extended; and all utility easements either City owned, controlled or dedicated for the placement and location of various utilities (whether over public or private lands), except those dedicated for water, sewer, gas or other specific Doc 8198693.v12 Date: 11/52008 10:35 AM 1 —300— Execution Version purposes only. Public Rights -of Way also specifically includes public parks, public squares, greenbelts, green space, drainage easements, and other areas set aside by the City for public recreation or other public use. The grant made herein is effective only to the extent of the City's interest in a particular right -of -way; it does not grant any interest lawfully owned or retained by another person. This grant does not include the right to use the Public Rights -of -Way to conduct other businesses such as telecommunications or cable television even though electrical energy may be used for those purposes. The City acknowledges AEP's right under Texas Utilities Code Section 43.101(d) to operate a Broadband Over Power Lines ( "BPL ") System without additional compensation for so long as such right exists under law. The City reserves its rights under Texas Utilities Code Section 43.101(e) or other existing or subsequently enacted laws with respect to BPL. Notwithstanding the foregoing, the grant herein to use drainage easements is specifically conditioned upon AEP's securing the City's written consent, through its Director of Engineering Services: 1) before any new Facilities may be placed in a drainage easement, and 2) before existing Facilities in a drainage easement may be expanded or altered (does not include normal maintenance). Before consent is granted, the Director must determine that the proposed new Facilities or the existing Facilities as expanded or altered, will not unduly impede the drainage function of the easement and will not unduly impede City access to the easement for maintenance, including mowing. The Facilities will be located as close as feasible to the edge of the easement without creating an encroachment on adjoining private property. From and after the effective date of this franchise, the placement and location of Facilities in public parks, public squares, greenbelts, green spaces, and other areas set aside by the City for public recreation or other public use will be covered under a special permit or specific express easement granted to AEP for such purposes. Facilities existing in those areas at the commencement of this franchise shall be exempted from such requirement. Requests for special permits or specific express easements shall not be unreasonably withheld, so long as the location and placement of the Facilities does not unreasonably interfere with the City's use and enjoyment of the area for public recreation or other public purposes. The right to AEP to license or lease space on or within the company's poles, conduit and appurtenant facilities for the attachment of third party facilities shall not constitute a grant by the City to the third party to locate and place facilities in, above, under, across, or along the Public Rights -of -Way nor does it delegate the right to AEP to grant such a right. AEP shall, within a reasonable time following its acceptance of this franchise and to the extent such information is available, furnish to City a list of the names, addresses, phone numbers, and representatives of each person or entity licensing or leasing space on AEP's poles, conduits and appurtenant facilities for the attachment of third party facilities so that City can ensure that each such person or entity has been authorized by City to use City property. For the purposes of this section, "reasonable time" shall not be more than 60 days, unless both AEP and the City agree to extend the period of time as may be necessary for AEP to comply with this provision. AEP will update the list annually thereafter. AEP does not warrant the Doc #198693.v12 Date: 11/5/2008 10:35 AM 2 —301— Execution Version accuracy of any such information provided, and to the extent locations of attachment and/or locations of Facilities are described or shown, such locations of attachment and locations of Facilities are described or shown in their approximate locations. All information provided respecting attachments and locations of Facilities shall be used by the City solely for auditing and managing the Public Rights -of -Way, and City shall take all prudent steps required by applicable law to prevent disclosure or dissemination of such information, without the prior express written consent of AEP. SECTION 2. Term. The franchise granted by this ordinance shall be for a term of twenty -five (25) years, commencing on January I, 2003, and expiring on December 31, 2028, at midnight. SECTION 3. Construction and Maintenance Activities. (a) AEP Facilities shall be constructed and maintained in accordance with Good Utility Practices, as defined by the Public Utility Regulatory Commission of Texas ( "PUCT "), and in conformity with the National Electrical Safety Code ( "NESC ") and all applicable federal, state, and local laws and regulations governing operations in the Public Rights of Way, and so as not to interfere unreasonably with traffic over streets, alleys, and sidewalks, the flow of storm water in any gutter, drain, sewer, or open drainage system, or with the City's water, wastewater, storm water and gas utility operations. "Constructed and maintained" includes installation, construction, relocation, maintenance, repair, and removal. (b) The surface of any Right -of -Way disturbed by AEP in the construction or maintenance of its Facilities shall be restored within a reasonable time after the completion of the work to as near as practical to its original condition as before the commencement of the work. Absent some independent intervening event or condition beyond AEP's reasonable control, should the City reasonably determine, within one year from the date of such restoration, that such surface requires additional restoration work to place it in as near as practical to its original condition as before the commencement of the work, AEP shall perform such additional restoration work to the reasonable satisfaction of the City. No Right - of -Way shall be obstructed for a longer period or to a greater extent than shall be reasonably necessary to execute all work. (c) In constructing and maintaining its Facilities, AEP shall not disturb City's street pavement, water, wastewater, gas, and storm water facilities without the approval of the City's Director of Engineering, except during an emergency. Other than its regulatory fees governing excavations, no fees shall be charged by the City for its review and approval, which shall not be unreasonably withheld, delayed or conditioned so as not to unreasonably interfere with AEP's obligation to serve or with customer response time. As soon as practicable after an emergency, AEP shall report the emergency work performed to the Director of Engineering. AEP shall, at its sole cost and expense, refill and repair (including by repaving any cut in any pavement or sidewalk) all excavations made by AEP in the Public Rights -of- Way and all damage to City's streets, water, wastewater, gas, and storm water facilities in connection with the construction and maintenance of AEP's Facilities. Likewise, City shall, at its sole cost and expense, refill, repair and return to grade all excavations made by City in Doc #198693.v12 Date: 11/5/2008 10:35 AM 3 —302— Execution Version the Public Rights -of -Way and all damage to AEP's Facilities in connection with the construction, maintenance and modification of City's Facilities. Provided, however, the City's liability for damages under this Section 3(c) shall not exceed its limits of liability under the Texas Tort Claims Act. (d) AEP shall contain loose dirt and prevent erosion caused by its construction and maintenance activities, all in accordance with applicable Texas Commission on Environmental Quality ( "TCEQ ") storm water regulations. SECTION 4. Relocations and Securing Facilities. (a) City reserves the right to construct, maintain, and modify its facilities for City operations including streets, curbs, sidewalks, water, wastewater, gas, storm water, and communications for its own use (herein "City Facilities "). City shall give written notice to AEP whenever City has determined that removal, relocation, change or alteration of AEP's Facilities is reasonably necessary for construction, maintenance, or modification of City Facilities. Alteration includes, without limitation, adjusting AEP manholes to a height even with the street surface. The amount of notice provided to AEP shall be reasonable under the circumstances, but not less than thirty (30) days. Upon notice by City, AEP shall, temporarily or permanently, remove, relocate, change or alter the position of AEP's Facilities as soon as reasonably practical. AEP shall bear the expenses for any removal, relocation, change or alteration to permit the widening or straightening of a street, in accordance with Section 37.101(c), Texas Utilities Code. City shall bear the expenses for any other City requested removal, relocation, change or alteration unless applicable state or federal law requires AEP to bear such expenses. Notwithstanding anything to the contrary herein contained, AEP agrees to bear the expenses for any removal, relocation, change or alteration of its Facilites when requested by the City Manager for the City to meet Americans with Disabilities Act ( "ADA ") compliance when and if the PUCT approves a streamlined regulation mechanism for including recovery of distribution investments in rates and the AEP capital investments incurred to meet the City's ADA compliance are recoverable through such streamlined distribution regulations. (b) In situations where City does not require removal, relocation, change or alteration of AEP Facilities, AEP shall take responsibility for securing its poles and facilities during City operations. (c) In situations where AEP is required by the City to remove or relocate its Facilities to accommodate widening or straightening of a street by City, and AEP is eligible under federal, state, county, City or other local agencies or programs for reimbursement of costs and expenses incurred by AEP as a result of such removal or relocation and such reimbursement is required to be handled through the City, AEP's costs and expenses shall be included in any application by the City for reimbursement, if AEP submits is cost and expense documentation to the City prior to the filing of the application. City shall provide reasonable notice to AEP of the deadline for AEP to submit documentation of the costs and expenses of such relocation to the City. Doc #198693.v12 Date: 11/5/2008 10:35 AM 4 —303— Execution Version (d) As to any removal, relocation, change or alteration of AEP's Facilities whereby the cost and expense thereof is to be borne by AEP in accordance with this Section 4, AEP may, after receipt of written notice requesting such removal, relocation, change or alteration, submit in writing to the City alternatives to City's construction plans, which would obviate the need for AEP to remove, relocate, change or alter its Facilities. Upon the City's receipt from AEP of such written alternatives, the City shall evaluate such alternatives and shall advise AEP in writing if one or more of such alternatives are suitable to accommodate its needs, which would otherwise necessitate removal, relocation, change or alteration of AEP's Facilities. In evaluating such alternatives, the City shall give each alternative proposed by AEP full and fair consideration with due regard to all facts and circumstances which bear upon the economics and practicality of removing, relocating, changing or altering AEP's Facilities. The City shall not evaluate alternatives proposed by AEP in an arbitrary or capricious manner. In the event the City reasonably determines that such alternatives are not appropriate, then AEP shall remove, relocate, change or alter its Facilities as otherwise provided herein. SECTION 5. Consideration. (a) For and as full consideration and compensation for this franchise and the rights granted herein and as rental for the use of the Rights -of -Way, AEP shall pay City an amount authorized by Section 33.008(b) of the Texas Utilities Code, currently the product of a factor of $0.002417 per kilowatt hour multiplied by the number of kilowatt hours of electricity delivered by AEP to Retail Customers whose consuming facility's point of delivery is located within the City, as such charge may be revised from time to time in accordance with Section 33.008(b) of the Texas Utilities Code or any other applicable provision of law regarding franchise fee payments. (b) Payments will be made each month throughout the term of the franchise, with each such payment to be made by electronic funds transfer not later than the first business day of the second month following the month in which deliveries occurred for the billing cycle for that month. For example, payment for May 2008 deliveries, which covers a billing cycle from April 29th through May 28th, would be paid not later than July 1st. With each monthly payment, AEP shall furnish to the City a report that accurately reflects the number of kilowatt hours for the month (meaning for the billing cycle for the month) delivered within the city limits and the charge per kilowatt hour determined in accordance with Section 33.008(b), Texas Utilities Code, or any alternate methodology upon which the parties have agreed payments shall be made. (c) The City shall notify AEP in writing of newly annexed and de- annexed areas. The notice shall include the ordinance number authorizing the action, an appropriate map identifying the areas and documentation of the notice to the State of Texas regarding the annexation or de- annexation. AEP shall have no responsibility for commencing payments to City for kilowatt hours delivered in newly annexed areas until it shall have received City's notification. Upon City's notification and starting the 91St day after receipt of such notice, AEP will commence payments to the City for kilowatt hours delivered in each newly annexed area and will make any appropriate adjustments in payments reflecting over deliveries of Doc #198693.v12 Date: 11/52008 10:35 AM 5 —304— Execution Version kilowatt hours in any prior month resulting from inclusion of kilowatt hours from de- annexed areas in the calculation of the monthly charge. Payments for deliveries in newly annexed areas and adjustments for over deliveries in de- annexed areas shall be made back to the effective date of the ordinance. SECTION 6. Alternate Compensation. (a) Under the authority granted by PURA Section 33.008(f), and in consideration of the City granting AEP a twenty -five (25) year franchise, City and AEP agree to the possible implementation of a different level of compensation for the use of the Public Rights -of -Way than that prescribed by PURA Section 33.008(b). City shall have the opportunity to enact a factor increase by ordinance once every four (4) years during the term of this franchise, beginning on the date of final approval of this franchise ordinance, provided however, the total franchise fee factor may not exceed $0.0036255 per kilowatt hour, unless authorized by other law. Upon written notification of City's passage of such an ordinance, in form and substance satisfactory to AEP, approving a tariff for the collection and recovery by AEP of a municipal franchise fee charge equal in amount to the difference between compensation currently authorized under Section 33.008(b), at $0.002417 per kilowatt hour, plus any incremental factor amount previously authorized by ordinance, basing the charge on the product of the currently authorized total factor multiplied by the number of kilowatt hours of electricity delivered by AEP within the City, and compensation that would be received by the City basing the charge instead on the new, approved total factor, but not more than $0.0036255 per kilowatt hour, AEP and City shall amend Section 5 of this franchise agreement to reflect compensation basing the charge on the new approved total factor, but not more than $0.0036255 per kilowatt hour. The effective date of the increase in the franchise fees shall be the effective date of the recovery mechanism (e.g. tariff schedule) for the collection and recovery of the incremental fee approved by City's ordinance; provided however, payments for such increased fees shall not commence until 90 days after such effective date. (b) The change in the franchise fee rate provided in Subsection (a) above is expressly conditioned upon AEP's ability to concurrently recover the additional franchise fees paid to the City. In the event that the PUCT or a court of competent jurisdiction finds that any portion of the franchise fees calculated in accordance with Subsection (a) above may not be concurrenity recovered by AEP from customers or in some manner prevents AEP from recovering said franchise fees, then AEP shall not be obligated to pay to the City any amount above the amount AEP is allowed to recover from its customers. If the PUCT or a court of competent jurisdiction orders AEP to refund to customers any amounts collected for franchise fees paid in accordance with Subsection (a), such amount refunded shall be a credit against future franchise fees owed by AEP to City. (c) In the event any regulatory proceeding before any federal or state agency results in the approval of a more favorable franchise fee amount and/or method of recovery than that provided by the mechanism set out in this Section 6, the City and AEP agree to the further amendment of Section 5 to provide for payment in accordance with such approved franchise fee amount and/or method of recovery. Doc #198693.v12 Date: 11/52008 10:35 AM 6 —305— Execution Version (d) City and AEP agree that AEP may, in its sole discretion, support a legislative or regulatory initiative to provide for the collection and recovery of increased franchise fees, but in any event, AEP will not oppose such an initiative. SECTION 7. Indemnity. (a) AEP shall release, protect, defend, and hold harmless City, its employees, officers, directors, agents and legal representatives from any and all claims, demands, and liability, including defense costs and attorneys fees, relating in any way to damages, claims, or fines arising by reason of or in connection with AEP's, or its contractors', agents', or employees' actual or alleged negligence in the construction, maintenance, and operation of its Facilities in the public Rights -of -Way of the City. (b) To the extent permitted by law, City shall release, protect, defend, and hold harmless AEP, its employees, officers, directors, agents and legal representatives from any and all claims, demands, and liability, including defense costs and attorneys fees, relating in any way to damages, claims, or fines arising by reason of or in connection with City's, or its contractors', agents', or employees' actual or alleged negligence in exercising the rights granted City hereunder. Provided, however, the City's liability for an occurrence under this Section 7(b) shall not exceed its limits of liability under the Texas Tort Claims Act. SECTION 8. Assignment. This franchise may be transferred in accordance with Article IX, Section 4 of City's Charter. This franchise shall inure to the benefit of and be binding upon the transferee. SECTION 9. Termination. This franchise may be terminated in accordance with Article IX, Section 5(a) of City's Charter. SECTION 10. Maps. (a) Upon the City's reasonable request, on a project -by- project basis, AEP will provide to the City copies of available maps, plats and drawings in use by AEP showing the location of its Facilities at locations within the Public Rights -of -Way. To the extent possible, AEP will provide such information to City in an electronic format, but AEP shall have no obligation to provide such information in any specific format. As to any such maps, plats and drawings so provided, AEP does not warrant the accuracy thereof and, to the extent the locations of the Facilities are shown, such Facilities are shown in their approximate locations. In addition, AEP and the City agree to share information about additions or modifications to their Facilities that could reasonably be expected to have a material impact on the other. (b) Any maps, plats and drawings and/or other information concerning the location of AEP's Facilities provided by AEP to City shall be used by City solely for management of the Public Rights -of -Way. City shall take all prudent steps required by applicable law to prevent disclosure or dissemination of such maps, plats and drawings and/or any other information to any unauthorized third party, without the prior express written consent of AEP. Doc #198693.v12 Date: 11/52008 10:35 AM 7 —306— Execution Version (c) City and AEP agree to meet annually to share their plans for extension of Facilities to serve the public. The goal of the meeting will be to inform and update one another about projects in order to reduce cost and effectively provide services for ratepayers and taxpayers. Participants will include appropriate planning, engineering, and financial representatives of the parties. Representatives of the Texas Department of Transportation may be invited to attend, as well as other third party representatives, provided AEP and the City mutually agree. SECTION 11. Accounting and Audits. (a) AEP shall maintain adequate books and records relating to the performance of its obligations under this franchise. (b) City may cause, upon reasonable notice, an audit to be made of the books and records of AEP relating to AEP's performance under this franchise only if any such audit concerns a payment made less than two (2) years before the commencement of such audit in accordance with Section 33.008(e), Texas Utilities Code, or such other period as may be subsequently established by applicable state law. In the event City elects to exercise its right of audit, City shall provide to AEP written notice at least two (2) business days in advance of the audit. City shall select the auditor. AEP shall make available to the auditor personnel and records reasonably necessary to complete the audit. AEP shall answer questions and provide records or information within a reasonable period of time under the circumstances, including records maintained outside Corpus Christi. City shall bear the cost of the audit; provided that AEP shall bear the cost if the audit reveals underpayment of fees of more than three and one- half percent during the audit period. City and AEP shall meet and attempt in good faith to resolve any disputed issues arising from the audit report. Any underpayments discovered as a result of the audit shall be promptly paid by AEP, and likewise, City shall promptly refund any overpayments discovered. SECTION 12. Underground Electric Distribution Lines. AEP acknowledges the City's desire to promote a policy of undergrounding Facilities within the Public Rights -of -Way whenever possible. The City acknowledges that the Facilities Extension Schedule of AEP's approved Tariff for Electric Delivery Service ("Tariff") provides that electric service will be provided to Retail Customers utilizing construction with standard facilities, which consist of overhead distribution facilities installed above ground. Underground electric connections and conversions from overhead to underground electric connection are specifically considered requests for non - standard facilities for which AEP may require a Contribution in Aid of Construction. AEP currently encourages, and will continue to encourage, the utilization of underground Facilities in new subdivisions and commercial installations within the City. AEP agrees to work with the City to install underground Facilities in all instances where it is practical and economically and operationally feasible to do so, all in accordance with the Tariff and AEP's Underground Distribution Policy. Doc #198693.v12 Date: 11/5/2008 10:35 AM 8 —307— Execution Version AEP acknowledges that City may adopt an ordinance requiring developers to place residential distribution Facilities underground in new subdivisions. City will notify AEP in writing of the adoption of any such ordinance. After such notification, AEP will not install overhead distribution Facilities in a new subdivision without confirmation from City that City has exempted the installation from the City's undergrounding requirement. For purposes of this paragraph, "underground" Facilities do not include primary feeders or other lines of a similar nature and function that comprise AEP's distribution infrastructure. SECTION 13. Vegetation Management AEP shall have the right, consistent with its Tariff, to cut, trim, treat and dispose of trees and other vegetation upon and overhanging the Public Rights -of -Way of the City in the vicinity of AEP's Facilities where such trees and other vegetation, in AEP's reasonable opinion, constitute a hazard to AEP's personnel or Facilities, or the provision of continuous electric service. SECTION 14. Access to City Facilities. Upon reasonable advance notice by the City, AEP grants to City the right to cross AEP property to access or maintain City Facilities, provided such access shall not unreasonably interfere with AEP's maintenance and operation of its Facilities or adversely impact site safety and/or security, and that determination shall be at the sole discretion of AEP. SECTION 15. Attachment of City Facilities to AEP Poles. AEP grants to City the right to attach lines for City purposes to poles and other Facilities used by AEP for distribution purposes, provided City agrees that such grant shall be in accordance with and subject to the terms and provisions of an appropriate Pole Attachment Agreement, Wi -Fi Agreement or other such agreement covering attachments to AEP Facilities. SECTION 16. Extension to City Property Line. Consistent with the Facilities Extension Schedule of AEP's Tariff, AEP will ensure that reasonable consideration will be made to minimize the cost to the City for new distribution line extensions installed for the City and located inside city limits as well as for conversions from overhead to underground electric connection for existing lines within the city limits. SECTION 17. Compliance with Law; Police Power. AEP shall carry out operations under this franchise in compliance with all valid and applicable federal, state, and local laws, and AEP specifically agrees to comply with the provisions of any such City promulgated laws or regulations, provided that any such City promulgated laws or regulations shall not be in conflict or inconsistent with the express terms and conditions of this franchise and shall not conflict with the laws of the State of Texas or the laws of the United States of Doc #198693.v12 Date: 11/52008 10:35 AM 9 —308-- Execution Version America. Nothing in this franchise shall be construed to contract away any City police power to regulate and legislate to protect and promote the public health, safety, and welfare. SECTION 18. Venue. For proceedings and actions other than those required to be conducted before the Public Utility Commission of Texas ( "PUCT "), venue for actions concerning any matter or controversy growing out of or incident to the duties and obligations in this franchise shall be the State courts of competent jurisdiction of Nueces County, Texas, unless Texas law requires a matter to be submitted to a particular regulatory body or court outside Nueces County. SECTION 19. Notices. All notices or other communications hereunder shall be made in writing and may be delivered by hand delivery, United States mail, overnight courier service or facsimile to the addresses set forth below. Notice by facsimile or hand delivery shall be effective at the close of business on the day actually received, if received during business hours on a business day, and otherwise shall be effective at the close of business on the next business day. Notice by overnight United States mail or courier shall be effective on the next business day after it was sent. Notice by United States mail (other than overnight mail) shall effective three business days after it was sent. A party hereto may change its address by providing notice of same in accordance herewith. To City: City Manager, City of Corpus Christi, P.O. Box 9277, Corpus Christi, Texas 78469 -9277. Fax number: 361 - 880 -3839. To AEP: Manager of Community Affairs, AEP Texas Central Company, 539 N. Carancahua St, Corpus Christi, Texas, 78401 or P.O. Box 2121, Corpus Christi, Texas, 78403. Fax number: 361 - 881 -5497. SECTION 20. Captions. The Captions contained in this franchise are for convenience of reference only and are not intended to restrict, affect, enlarge or be of any weight in the interpretation or construction of the terms and conditions of this franchise. SECTION 21. Waiver. Failure of either party to require the performance of any term in this franchise or the waiver by either party of any breach of this franchise does not prevent subsequent enforcement of such term and is not deemed a waiver of any subsequent breach. The recitation of specific remedies in this franchise does not waive the right of either party to enforce this franchise by initiating legal proceedings to seek or obtain judicial enforcement of the other party's obligations by means of specific performance, injunctive relief or mandate, or any other remedy at law or in equity. SECTION 22. Entire Agreement. This franchise contains the entire agreement of the parties and supersedes all prior and contemporaneous agreements and understandings, oral or otherwise, among the parties with respect to the matters contained in this franchise. SECTION 23. Amendment. This franchise may be amended only by written agreement of AEP and the City in accordance with the City's Charter. Doc #198693.v12 Date: 11/52008 10:35 AM 10 —309— Execution Version SECTION 24. No Third Party Beneficiaries. The City and AEP are entering into this franchise solely for their own benefit and nothing herein shall be construed to confer any right, privilege, or benefit on any person or entity other than the City and AEP. No action may be commenced or prosecuted against any party by any third party claiming as a third party beneficiary of this franchise agreement. The franchise agreement shall not release or discharge any obligation or liability of any third party to either party. SECTION 25. Requests for Confidential Information. In the event the City receives a request for the release of information provided by AEP, that is characterized in this franchise agreement as confidential or is characterized in writing by AEP as confidential when it provides the information to the City, the City shall follow the procedures in the Texas Public Information Act for requesting a Texas Attorney General's Opinion regarding exemption of the information from disclosure and shall provide AEP with a copy of the request for the release of the information and a copy of its request to the Texas Attorney General asking for the opinion regarding exemption of the information from disclosure. If requested to do so, the City will provide information available to it and other reasonable assistance to AEP to assist AEP in establishing that the information is exempted from disclosure. SECTION 26. Severability. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose; provided, however, that this paragraph does not apply should the compensation provided to City hereunder be held invalid by final judgment of a court of competent jurisdiction after all appeals, if any, and City may in that event declare this franchise null and void. SECTION 27. Publication. Publication shall be made as required by City's Charter. SECTION 28. Acceptance. In order to accept this franchise, AEP must file its written acceptance within 30 days after final passage by the City Council of City. If the franchise is not accepted within 30 days, this ordinance shall be null and void. SECTION 29. Effective Date. Subject to Section 26, and provided AEP accepts the franchise by the filing of its written acceptance, this franchise ordinance shall take effect sixty (60) days following its final adoption by the City Council in accordance with the City Charter. Doc #198693. v12 Date: 11/512008 10:35 AM 11 —310— That the foregoing ordinance was read for the first time and passed to its second q reading on this the I day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. AA Nelda Martinez Mike Rummell Michael McCutchon 6 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 Hummell Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: i-c-t ° c' By: r..vn Lisa Aguilar( Assistant City Attorney For City Attorney —311— 20 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: January 13, 2009) Case No. 1008-04, Raquel Medina: A change of zoning from a `B -5" Primary Business District to an "A -1" Apartment House District resulting in a change of land use from commercial to medium - density, multiple - family described as Shannon, Block 1, Lot 5, 1014 Furman Avenue, located on the north side of Furman Avenue approximately 160 feet east of Staples Street. Planning Commission's and Staff's Recommendation (November 12, 2008): Denial of the "A -1" Apartment House District and in- lieu - thereof approval of a Special Permit, subject to a site plan and the following two conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "B-5" Primary Business District is a "single family dwelling ", including associated attached or detached garages as defined in the Zoning Ordinance. 2. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Requested Council Action: Denial of the "A -1" Apartment House District and in -lieu- thereof approval of a Special Permit, subject to a site plan and the following two conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "B -5" Primary Business District is a "single family dwelling ", including associated attached or detached garages as defined in the Zoning Ordinance. 2. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Staff's Summary: • Request: The applicant is requesting a change of zoning on a 6,500 square foot lot from a "B-5" Primary Business District to an "A -1" Apartment House District. The applicant would like to build a detached garage for the existing non - conforming single family residence on the property and bring the non - conforming family residence into conformance. • Existing Land Uses: The subject property is used as a single family residence. North of the property is a commercial business use, east of the property is a single family residence and to the south and west are commercial uses. • Existing Zoning: The subject property is zoned "B-5" Primary Business District which is for use near the downtown and central city. The purpose of the `B -5" Primary Business District is to provide for all types of business, commercial and service activities, as well as a few light manufacturing uses, but is designed to discourage warehousing and manufacturing or uses which generate heavy truck traffic or require open storage of materials. The `B -S" District does not allow single family or two- family dwellings or accessory uses associating with such uses. Multi- family uses with three or more units are allowed. The restriction on single family and two family dwelling uses in the district discourages an incompatible mix of residential and commercial uses. The "B -5" District requires a 20 -foot front yard setback and no side or rear yard setbacks unless adjacent to a residential district, then a 10 -foot setback is required. The "B-5" District along Staples Street forms a narrow commercial corridor with only a minimal depth for the long term redevelopment of commercial uses. The subject property's current "B-5" zoning maintains the necessary depth for high intensity comngric6a1 redevelopment. Therefore, for the long term Agenda Memorandum Case No. 1008 -04 (Raquel Medina) Page 2 redevelopment of the Staples Street commercial corridor, retaining the "B-5" designation on the subject property is beneficial. • Proposed Zoning: The purpose of the "A -1" Apartment House District is to provide for medium - density, multiple - family residences usable for construction of garden -type apartments in appropriate locations, or for conversion of existing dwellings to apartments in older sections of the city. The "A- 1 " District requires a 20 -foot front yard setback and a five foot side and rear yard setback for one story structures. The side and rear yards setbacks increase by five feet for each additional story for two and three story structures to a maximum 30 foot setback. • Transportation and Circulation: The subject property has access to Furman Avenue. Furman Avenue has 85 feet of right -of -way with two lanes and a boulevard. Furman Avenue is not designated on the Urban Transportation Plan as an arterial or collector street. • Infrastructure Demand: o Water: The subject property is served by an 8" water line in Furman Avenue. o Wastewater: The subject property is served by an 8" wastewater line in Furman Avenue. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District D60. Crime statistics show a decline in the number of crimes committed per year from a high of 1,095 crimes committed in 1993 to a low of 598 crimes committed in 2005. (2005 was the last year for which statistics are available) o Fire: The closest Fire Station is number three (3) located at 1401 Morgan Road. Staff has included a new section on a trial basis assess the relationship between the requested rezoning and Smart Growth Principles. • Relationship to Smart Growth (See Attachment 11, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the rezoning a 20 on a scale of 100 points. Smart Growth Principles which relate to the requested rezoning include: o Creating a range of housing opportunities and choices (10 points); and, o Strengthen and direct development toward existing communities (10 points). • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for commercial uses, therefore, the proposed "A -1" Apartment House District is not consistent with the City's Comprehensive Plan map. However, several policies are provided below from the Corpus Christi Policy Statements and the Area Development Plans to provide guidance on rezoning and redevelopment. -316- Agenda Memorandum Case No. 1008 -04 (Raquel Medina) Page 3 • CORPUS CHRISTI POLICY STATEMENTS: INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. Staff Comment: Generally, issues of noise, odor, bright lights, and hours of operation can individually or in combination negatively impact a residential neighborhood. With the degradation of the residential area comes a reduction in tax value, less owner occupancy, and an overall reduction in the quality of the neighborhood. For these reasons, the low density single family use is not allowed in the high intensity `B -5" District and therefore the single family residence is a nonconforming use. Nonconforming uses can continue to exist but cannot be expanded without conforming to the Zoning Ordinance. The addition of a garage is an expansion of the single family use. MINIMIZE THE IMPACT OF COMMERCIAL AREAS ON ADJACENT, EXISTING OR FUTURE RESIDENTIAL AREAS THROUGH THE USE OF COMPACT DESIGNS, SCREENING FENCES, OPEN SPACE AND LANDSCAPING. Compact commercial centers should be located at major intersections. Commercial centers that are compact as opposed to linear in form provide for a grouping of activities. Such grouping of activities generally permits more effective traffic management, i.e., left turn conflicts can be minimized, entryways /exits can be designed to serve several businesses and right turns onto major streets can be encouraged. Commercial centers should also be designed so that the impacts of automobile intrusion, noise and visual blight on surrounding areas will be minimized. Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas. Staff Comment: When a strip of commercial uses directly abut a residential neighborhood extra care must be taken by the City to assure that the impact from abutting uses on the neighborhood will not make residential life an unviable land use. • SOUTH CENTRAL AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: PLAN OBJECTIVES 24/7 Neighborhoods - One of the plan objectives is: Promote a uniquely attractive atmosphere for small and large -scale tourist attractions. Propose appropriate land use, with emphasis on increasing residential density and business intensity in the Central Business District. Staff Comment: The proposed change would encourage reinvestment in a residential use which is consistent with the plan land use goals for the area. POLICY STATEMENT B.33 — Planning Area C Redevelopment within the Low- to Mid -Rise Professional Office and Residential areas of Area C, should be encouraged as long as the redevelopment does not detract from the residential neighborhood. Much of this area is used for single - family or multi- family residential or for professional offices. Professional office uses are generally compatible with single- and multi- family development in this area. Neighborhood serving commercial uses of low intensity may be considered for the area however, 24 -hour commercial uses, bars or clubs should not be allowed. -317- Agenda Memorandum Case No 1008 -04 (Raquel Medina) Page 4 Staff Comment: Reinvestment in the residential uses is generally supported by the plan for this area and is consistent with creating a larger resident population near the downtown. Traffic Count: Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volumes Furman Street Local Residential Street 85 right -of -way, with two lanes and a boulevard NA None available. Plat Status: The subject property is platted. Department Comments: • The proposed use is consistent with supporting residential uses in the area. • The property is on the edge of a commercial and residential zoning boundary. • Rezoning from a commercial district to a residential district will satisfy the immediate needs of the property owner but will reduce the flexibility in the long term use of the property by eliminating commercial business uses. • A special permit would allow the commercial base zoning to continue with commercial uses and allow the property owner to add a garage to the residential use currently on the property. Planning Commission and Staff Recommendation: Denial of the "A -1" Apartment House District and in- lieu - thereof approval of a Special Permit, subject to a site plan and the following two conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the `B -5" Primary Business District is a "single family dwelling ", including associated attached or detached garages as defined in the Zoning Ordinance. 2. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. -318- Number of Notices Mailed — 23 within 200 foot notification area; 6 outside notification area Favor — 3 (inside notification area); 1 (outside notification area) Opposition — 2 — (6.47 % inside notification area); 0 (outside notification area) Bob Nix, AICP Assistant City Manager of Development Services FGM/ej Attachments: 1) Zoning Report 2) Planning Commission Minutes (November 12„ 2008) 3) Ordinance M/Pmjeu Manager eie &CP/(P Planning Director H:NIN-DIR\SHARED \l. Planning Cow44ealliC'\Oc108 \I008-04 AGENDAMEMO.doc CITY COUNCIL ZONING REPORT Case No.: 1008 -04 Planning Commission Hearing Date: November 12, 2008 Applicant & Legal Description Applicant: Raquel Medina Owner: Same as applicant. Representative: Femado Omara Address: 1014 Furman Avenue Legal Description/Location: Shannon, Block 1, Lot 5, 1014 Furman Avenue, located on the north side of Furman Avenue approximately 160 feet east of Staples Street. Zoning Request From: "B -5" Primary Business District To: "A -1" Apartment House District Area: 6,500 square feet Purpose of Request: To build a garage for a legal non - conforming single family use and bring the non - conforming single family residence into conformance (Note: Single family uses are not allowed in the "B -5" District) Zoning Existing Land Use Future Land Use Site "B-5" Primary Business District Single Family Commercial North "A -I" Apartment House District and "B -5" Primary Business District Commercial Commercial South "B-5" Primary Business District Commercial Commercial East "A -1" Apartment House District Single Family Low Density Residential West "B-5" Primary Business District Commercial Commercial ADP, Map & Violations Area Development Plan: This tract of land is located in the South Central Area Development Plan and is planned for commercial uses. The proposed change of zoning is not consistent with the adopted Future Land Use Plan which designates the area for commercial uses. Map No.: 045044 Zoning Violations: None —320— Zoning Report Case No. 1008 -04 Raquel Medina Page 2 Staff's Summary: • Request: The applicant is requesting a change of zoning on a 6,500 square foot lot from a `B -5" Primary Business District to an "A -1" Apartment House District. The applicant would like to build a detached garage for the legal non - conforming single family residence on the property and bring the non - conforming single family residence into conformance. • Existing Land Uses: The subject property is used as a single family residence. North of the property is a commercial business use, east of the property is a single family residence and to the south and west are commercial uses. • Existing Zoning: The subject property is zoned "B-5" Primary Business District which is for use near the downtown and central city. The purpose of the "B -5" Primary Business District is to provide for all types of business, commercial and service activities, as well as a few light manufacturing uses, but is designed to discourage warehousing and manufacturing or uses which generate heavy truck traffic or require open storage of materials. The `B -5" District does not allow single family or two - family dwellings or accessory uses associating with such uses. Multi- family uses with three or more units are allowed. The restriction on single family and two family dwelling uses in the district discourages an incompatible mix of residential and commercial uses. The "B -5" District requires a 20 -foot front yard setback and no side or rear yard setbacks unless adjacent to a residential district, then a 10 -foot setback is required. The "B -5" District along Staples Street forms a narrow commercial corridor with only a minimal depth for the long term redevelopment of commercial uses. The subject property's current "B -5" zoning is helps to maintain the necessary depth for high intensity commercial redevelopment. Therefore, for the long term redevelopment of the Staples Street commercial corridor, retaining the "B -5" designation on the subject property is beneficial. • • Proposed Zoning: The purpose of the "A -1" Apartment House District is to provide for medium - density, multiple - family residences and for construction of garden -type apartments in appropriate locations, or for conversion of existing dwellings to apartments in older sections of the city. The "A- 1" District requires a 20 -foot front yard setback and a five foot side and rear yard setback for one story structures. The side and rear yards setbacks increase by five feet for each additional story for two and three story structures to a maximum 30 foot setback. • Transportation and Circulation: The subject property has access to Furman Avenue. Furman Avenue has 85 feet of right -of -way with two lanes and a boulevard. Furman Avenue is not designated on the Urban Transportation Plan as an arterial or collector street. • Infrastructure Demand: o Water: The subject property is served by an 8" water line in Furman Avenue. o Wastewater: The subject property is served by an 8" wastewater line in Furman Avenue. -321- Zoning Report Case No. 1008 -04 Raquel Medina Page 3 • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District D60. Crime statistics show a decline in the number of crimes committed per year from a high of 1,095 crimes committed in 1993 to a low of 598 crimes committed in 2005. (2005 was the last year for which statistics are available) o Fire: The closest Fire Station is number three (3) located at 1401 Morgan Road. Staff has included a new section on a trial basis assess the relationship between the requested rezoning and Smart Growth Principles. • Relationship to Smart Growth (See Attachment 11, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the rezoning a 20 on a scale of 100 points. Smart Growth Principles which relate to the requested rezoning include: o Creating a range of housing opportunities and choices (10 points); and, o Strengthen and direct development toward existing communities (10 points) • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for commercial uses, therefore, the proposed "A -1" Apartment House District is not consistent with the City's Comprehensive Plan map. However, several policies are provided below from the Corpus Christi Policy Statements and the Area Development Plans to provide guidance on rezoning and redevelopment. • CORPUS CHRISTI POLICY STATEMENTS: INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. Staff Comment: Generally, issues of noise, odor, bright lights, and hours of operation can individually or in combination negatively impact a residential neighborhood. With the degradation of the residential area comes a reduction in tax value, less owner occupancy, and an overall reduction in the quality of the neighborhood. For these reasons, the low density single family use is not allowed in the high intensity "B- 5" District and therefore the single family residence is a nonconforming use. Nonconforming uses can continue to exist but cannot be expanded without conforming to the Zoning Ordinance. The addition of a garage is an expansion of the single family use. MINIMIZE THE IMPACT OF COMMERCIAL AREAS ON ADJACENT, EXISTING OR FUTURE RESIDENTIAL AREAS THROUGH THE USE OF COMPACT DESIGNS, SCREENING FENCES, OPEN SPACE AND LANDSCAPING. Compact commercial centers should be located at major intersections. Commercial centers that are compact as opposed to linear in form provide for a grouping of activities. Such grouping of activities generally permits more effective traffic management, i.e., left tum conflicts can be minimized, -322- Zoning Report Case No. 1008 -04 Raquel Medina Page 4 entryways /exits can be designed to serve several businesses and right turns onto major streets can be encouraged. Commercial centers should also be designed so that the impacts of automobile intrusion, noise and visual blight on surrounding areas will be minimized. Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas Staff Comment: When a strip of commercial uses directly abut a residential neighborhood extra care must be taken by the City to assure that the impact from abutting uses on the neighborhood will not make residential life an unviable land use. • SOUTH CENTRAL AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: PLAN OBJECTIVES 24/7 Neighborhoods - One of the plan objectives is: Promote a uniquely attractive atmosphere for small and large -scale tourist attractions. Propose appropriate land use, with emphasis on increasing residential density and business intensity in the Central Business District. Staff Comment: The proposed change would encourage reinvestment in a residential use which is consistent with the plan land use goals for the area. POLICY STATEMENT B.33 — Planning Area C Redevelopment within the Low- to Mid -Rise Professional Office and Residential areas of Area C, should be encouraged as long as the redevelopment does not detract from the residential neighborhood. Much of this area is used for single - family or multi- family residential or for professional offices. Professional office uses are generally compatible with single- and multi- family development in this area. Neighborhood serving commercial uses of low intensity may be considered for the area however, 24 -hour commercial uses, bars or clubs should not be allowed. Staff Comment: Reinvestment in the residential uses is generally supported by the plan for this area and is consistent with creating a larger resident population near the downtown. Traffic Count: Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volumes Furman Street Local Residential Street 85 right -of -way, with two lanes and a boulevard NA None available. Plat Status: The subject property is platted. —323— Zoning Report Case No. 1008 -04 Raquel Medina Page 5 Department Comments: • The proposed use is consistent with supporting residential uses in the area. • The property is on the edge of a commercial and residential zoning boundary. • Rezoning from a commercial district to a residential district will satisfy the immediate needs of the property owner but will reduce the flexibility in the long term use of the property by eliminating commercial business uses. • A special permit would allow the commercial base zoning to continue with commercial uses and allow the property owner to add a garage to the residential use currently on the property. Staff Recommendation: Denial of the "A -1" Apartment House District and in -lieu- thereof approval of a Special Permit, subject to a site plan and the following two conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the `B -5" Primary Business District is a "single family dwelling ", including associated attached or detached garages as defined in the Zoning Ordinance. 2. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Planning Commission Recommendation: Denial of the "A -1" Apartment House District and in -lieu- thereof approval of a Special Permit, subject to a site plan and the following two conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "B-5" Primary Business District is a "single family dwelling ", including associated attached or detached garages as defined in the Zoning Ordinance. 2. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Number of Notices Mailed — 23 within 200 foot notification area; 6 outside notification area Favor — 3 (inside notification area); 1 (outside notification area) Opposition — 2 — (6.47 % inside notification area); 0 (outside notification area) -324- Attachments: 1. Neighborhood 2007 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2007 Aerial 5. Subject Property 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. District Uses 10. City Charter — Article V- Planning 11. Smart Growth Principles 12. Site Plan -325- Attachment: 11 Zoning Case:1008 -04 Raquel Medina; Location: 1014 Furman Avenue; From "B -5" Primary Business District to "A -1" Apartment House District Rating Max. 100 1. Mix land uses. 0 2. Take advantage of compact building design. 0 3. Create a range of housing opportunities and choices. 10 4. Create walkable neighborhoods. 0 5. Foster distinctive, attractive communities with a strong sense of place. 0 6. Preserve open space, farmland, natural beauty, and critical environmental areas. 0 7. Strengthen and direct development toward existing communities. 10 8. Provide a variety of transportation choices. 0 9. Make development decisions predictable, fair and cost effective. 0 10. Encourage community and stakeholder collaboration in development decisions. 0 Staff Smart Growth Rating 20 —326— CASE #1008-04 1. NEIGHBORHOOD - 2007 AERIAL flSubject Properly Refer to Mav 2; " 2b for Neighborhood eysziog as. Also available Map Scale: 1:10,000 SUBJECT PROPERTY L0C,47Ior MAFF' • City of Corpus Christi fI. J S T • CASE # 1008 -04 2.a. NEIGHBORHOOD - EXISTING LAND USE Estate Ras Grew dal, - ER LCP Low Density Residential - LDR 'easily Residential, - MDR L- - ."aansity Residential, - HDR .Mot a Home - MH L.-- Vacant - VAC Professional Office - PO nn 'ercial - COM Li ''t Industrial - LI "e Industrial - HI Public Seine- Public - PSP a Scale: 1:10.000 SUBJECT PROPERTY LOCATION MAPF' City of Corpus Christi I 1 ■ 1, 1 ' I I i II 1 J --4--------- — I c' j. i I -------- MORRIS ST 1 ■ "___ J 1---- .1- Z ••1 i_____________ i I C ---- I 41 I - 1 I I i ' _ 1 ' L- - f TiC_Off-E _MF VE AIN AFr T__ __Tni — - --J_ I — ---1 I I I I I - I 1 » I I I _ _ J j 1 1 _, 1 1 1 i I I 1 I C ai E At/AN A V E '711E1 c( 7 111111 PPOPP , `• LA _ -i- --I - ir -II --- -1 L i I I - -II- I I I I — I 1 I I m irtrr To N 77V E c.; 1 ■ . • , • • I \ II I : 1 I - - • ze rn• , _ - • - HANCOCK AVE 7— „.. 7- .1 J. _ .1 CASE # 1008-04 2.b. SITE- EXISTING LAND USE Estate R•Js - ER LM'E Low Del vs fry Residential. LDR • L•ensit Residential, - MDR - • •, ,J)onsity Residential, - HDR e Home - MH I Vacant - VAC Professional Office - PO ' • inuercial - COM Li• d Industrial - LI `/E, Industrial - HI • Public Seine-Public - PSP 77 Scale: 1:2400 1 I HA-NCOCK AVE - _ _ • 1 - - - • - - - - j Z 77/H - _ _, • H _ _ , CHAVNE I _riL0FAIION 11/1APy • SUBJECT PROPERTY r, a City of Corpus Christi LOP ILU0LDR Dk n F <IPK PSP n � Mn ft'DR MMDR Nick - Y W.D R ;LJ±r,� • NIUR P`f5 WATEF -4 PARK F.4RK iLJR 1 r L'F 1 (D i *1 ISI R tni L S N 1 yet DR7tSR� F zwj Lf3P MDR, DR LC n a r yr Li r S hJc 7 Pry g���D�R� _Y It- y �Ri �-� C Jk ",i'J(` .. D Li b. b1�OR-� 9nl-�,v_ _Ili TDR ',' 11J5' yy - -_F LLD ri -O-R7 isu i, -: 1D,2 t D 1ND 'n/0 7 - $L -0R[,�' b� {-bii iSpii 4� '; R / t. I -ATOP (1 14 b9OR r p D P IDrz I lN .r 'r 59D!' JI - IID1 OR'(ADR i- P o' F PARK EQP I: _..emu• PARfI rrC PSP ,o h11 P - r • N7 ... nR GNI ✓>_ ' 7 DP,.. Dit - JF i:C PSP O • - A'1f -Nb . -, Y • • �P ' ' '�Y I If rVE T I .i:pl • K DRU -hNJR F ARh PARK c., `PSP IVATER ATE 17 CP '^ - c. -, Co.M. PO _ -0 C DR mkt: Har Vrq.,o Cn,✓ ',o Nrl u" 'ASE # 1008 -04 3.a. l,IE /GHBORHOOG - FUTURE LAND USE [ - 11u,.....rrw,Rural - AR +r Tourist - TOR tate Residential • EA =! Research/Business Park • RBP -Ipnsity Res. - LDJ- - J Light industrial - LI -- dDr Jty Res. -:.'D= ] Heavy industrial - Hl - -- lh Density Res. - HD, _ ] Public Semi -Public - PSP h +� Mc'hiie Home -MH I Falk Vacant - VAC ! Dn, age Corridor - DC - r1- sional Office - PD S' Dredge Placement- DP a..m `ial - COM f i Water rry-1 conservation:Preservation - CP Transportation Plan Pmn"=ry AHPtlals Calleaors -, - Cvp PS ways Por kway III'. Rath oad Map Scale: 1:10.000 ChANNH. [LOCAnON MAP? SUBJECT PROPERTY I I I a ?�! 1 r _ - -I JI I [ - -J I 11 1 �_ -J v I-- ---- ---1- 1'i 1 y CA I -... 1 y I 11 1 ? ILDR 1 =F- —CDR r; LDR J 2 1L_ - -_-- -I ' - -- -� y 1 -11 y 11 —_ -. 1 to 11 LDR - _ ---- -11 '� L- _ -1 n 1 1 1 1 1 1 --1 1 L --I-1 -- i _. ' -9' 1 IL.- - --- -- --_J f I F-- --- SUBJEGTI-- COLEMAN AVE r_1� 1 J- LDR I PRUFEIdT __ I I Y rr1 - -_- - -1 I, 1 I 11 11 L - I - . . -- I I 11 1 I I I I 11 I1 I1 II 11 I 1 1 1 1 1 I I 1 11- II- I ill I I I 1- -I I --I ., I LU- t-- i- �.LDf2'I (- -r 1 I 1 1 _ 1. -i. -VI 11 11 I 11 I 1 1 1 1 1 1 1 1 1 1 1 1111111 1 I I 1 -LJ-� -L- <1___L___ LJ - - -1— - - I MDR ROW Pc FURMAN AVE Row W --- rr- T- 7 -7—T -T T 1 1 II 1 1 1 1 1 1 1 1 1 1 11 II n . _.. 1 1 1 1 11 11 1 1 1 1 1 1 -7.-1 1 1 1 I 1 1 1 1 1 1 1 1 1 I I I I I II I 1 I ..L 1- .L_LDR- .- i- -1-- --� v, L. • r m- -i `I I I 1 I 1 1 I I ND•H -r _... - . 1 1 1 I I 1 L1 I 1 I I 1 1 I I--L--J_'_ I-- --- HANCOCK AVE - r CASE # 1008 -04 3.b. SITE- FUTURE LAND USE Agricultural /Rural - AR - Tourist • TOR Res-,arch/Business Park - RBP 1 Light Industrial - LI - Heavy Industrial - HI - I Pu lie Semi - Public - PSP Park Drainage Corridor - DC �? ob anal Office - PO r'[ L Ledge Placement - DP (q =, ..dmmercial -COM T1 Water ca Conservation /Preservation • CP L!- 1 Estate Residential - ER Density Res. • CDR _ -! D nsity Res. - MDR -: -4 gh Density Res. - HDR py- ,bile Horne - MN (v� cant - VAC r msportation Plan Prr^ncr Arterials Collectors - -, Expressways -- Parkway --- Railroad Map Scale: 1:2.900 SUBJECT PROPERTY JLOCATI0r' MAP[' • City of Corpus Christi 4 ct!RiVI::N AVE (J) • ?. -, +( _'•.— '"`1, . x _ ,-- - s • CASE # 1008 -04 4. SITE- 2007 AERIAL Refer td Mao ?'or Neighborhood E•::- n, La.si Use 41so available di SUBJECT PROPERTY _a JLOC4TICJN MAPF' City of Corpus Christi TENSION TO 3 A U E C A N QI-EM PROPERTY `� 6 \s lc\ IrIr � k ` IIJI io n \in v N AVE . MUSHAWAY GRINNAGE HAMPTON CASE # 1008 -04 5. SUBJECT PROPERTY Subject Properly T TENSION TO S --E74Rk.. Ardor`'-' TRACT F HAMPTON CASE # 1008 -04 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP e14 ape l rd Fiotise Distr¢1 A-2 Ape, leant house °drat AB Processional Office District AT ArA In dt Tourist District B-1 Iheigiuboi hood Ruaine o D>nvld B-14 Neig borhood Easiness Rutifa F-2 Bayfrrat Business Desire BRA Feiner Island Business District E -t Euainess Distort 2-4 teeneral Busing District BC Frtinors BUSiilenn Quart B-4 Fontalvausiuess Core District ED Cori Chrisll Preach DesIgn DISC F:R Farr RI, al Clad& HE Hato'inal- Guttural Landmark Preservation 101 1 -1 Lotted Industrial District 1-2 Foil Industrial District 1-3 H_avy Industrial Disturb PIJD Panned Unit Development R- 4 Cre Fa lyDeer's 9 Dist rot R= D Ono gamily Deeding Diaret R -ir or- Family Deidl rig insert R-2 Multiple tame ling Dsbar Re One Family Dadra Digest RE Residential Estate District R- H i nnguse °ceiling District SP Spacial Pcrinli aaia Tlnnel Trailer Park Dlstiin T-1B Mnnufaetnrad Hma Park Dielriet .-t denuraolurnd Home Suing, clan Pitt x' Proddr'Ej4 )inns OD vier 'rru� AComers srtr.o ?DO 's:etl v Ot a adacded owiteEsItip able rt, no opussNao ■OIwrisrearM�.. T TENSION TO S --E7TIk.. From: "8-5" To: "8 -5ISP" II`\ 4 3 2 I/ �I Oh! TR:AI -T - MUSHA WAY GRINNAGE N AVE HAMPTON CASE # 1008 -04 EXHIBIT A Planning Commission and Staff Recommendation From: "B -S To: "B -5 /SP" SUBJECTi ROPERTY ORDIANCE: LOCATION MAP I V I b S: OJ T END \1. Z' 7 Inil 1 0) f - M� D1 iLi1ii -� I CQI-EMAN .AVE �t�sJ;�er 2 2 \6 PR PERT_Y e IDabsa �° I 8AI9) �. I I -.1 l, IC,. t- II I ilI C I \7 \a 9 I10 11 112 V Ah! T�RAJ�S -L HAMPTON M USHAWAY GRINNAGE 1 � N -TENSION TO S --E7�£ 3 2.4 From: "8-5" To: "A-1" CASE # 1008 -04 EXHIBIT A Applicant Request From: "8 -5" To: "A_l" SUBJECTi ROPERTY ORDIANCE: LOCATION MAP COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 1008 -04 Name: Raquel Medina Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: 23 Returned undeliverable: 2 I. Notices returned from within the 200 -foot notification area: Favor: 4 #8 (3.29 %), Carolyn Tinker, 1010 Furman Ave, Corpus Christi, TX 78404 "Very much in keeping with goals of the Furman Ave. Block Association Opposition: 2 (6.42 %) #9 (3.29 %), Carolyn Arnim, 1010 Furman Ave., Corpus Christi, TX 78404 "Staples St. between Agnes and 6 points has been a business zone for as long as I can remember; and that is the reason we bought this property." II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: Opposition: IV. Unsolicited responses received concerning subject area: 1 Favor: 0 -339 - Oonosition: 0 8 PiR se rm 5 3AV NVNNOd nol xl LLSINHO Sna800 2 /NS S 11 NONNVHS -340- s eca SD �yy�1°yZl '� DA �m1y l . ;BZ 0 . 8 AKwsCmm o Cn8Cnz$Amim8nL y� i m�0 D$�mD£+' im �A A x X . 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"11-5" PRIMARY BUSINESS DISTRICT REGULATIONS Section 17 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "8 -5" Primary Business District. This district is located principally in the central city area and is intended to provide for all types of' business, commercial and service activities, as well as a few light manufacturing uses, but is designed to discourage warehousing and manufacturing generally or uses which tend to generate heavy truck traffic or require open storage of materials. In order to discourage too high a concentration of buildings in the central area fringe, a bulk control is imposed and requirements for off - street parking and loading are included in the regulations. Section 17 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "3-4" General Business District except one - family or two- family dwellings unless the dwellings are ancillary to the main use and located in the same structure. ( 2) Candy manufacture. ( 3) Greenhouse or conservatory, commercial. ( 4) Drug or pharmaceutical products manufacture. ( 5) Laboratories, research and experimental. ( 6) Millinery manufacture. ( 7) Optical goods manufacture. (8) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN — REGULATIONS, - PERMITS, PLATS AND FILING FEES. Freestanding signs shall not overhang or project into the public right -of -way. Wall signs may project into the public right -of -way for a distance of not more than twenty-four (24) inches with a clear height of nine (9) feet above the sidewalk and shall not extend above the height of the building. If the sign is placed on the edge of a canopy or marquee, the letters shall not project above or below the canopy or marquee; and, if attached to the underside of the canopy or marquee, it shall not extend outside the line of the canopy or marquee and shall maintain a clear height of eight (8) feet between the sidewalk and the bottom of the sign. No portable sign is permitted. Signs in this district are further regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act, Texas Transportation Code, Chapters 391, 392, and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) ( 9) Accessory buildings and uses. Section 17-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22, except for properties located east of U. S. Highway 181 and Upper Broadway Street where off - street parking is not required. (Ordinance 25390, 07/15/03) Section 17-4 Off - street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. 02/08 -341- B-5 - 88 - Section 17 -5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 17 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R-1A","11-113", "R -IC" "R -2 ", "A -1 ", "A-IA ", or "A -2" residential district. 17 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -IA ", "R -1111", "R -IC" "R -2 ", "A -1 ", "A -IA ", or "A -2" residential district. Section 17 -6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 -342- 3-5 - 85 - ARTICLE 16. "8-4" GENERAL BUSINESS DISTRICT REGULATIONS Section 16-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B-4" General Business District. The purpose of this district is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, particularly along certain existing major streets where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor, and noise associated with manufacturing. Section 16-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the 93-1" Neighborhood Business District. ( 2) Amusement place in an enclosed building, auditorium, or theater except open air drive -in theaters. ( 3) Athletic field or baseball field. ( 4) Boat, automobile, motorcycle, recreation vehicle, and HUD -code manufactured home sales and storage. (Ordinance 22851, 02/18/97) ( 5) Sales and repair of plumbing, heating, electrical, and air conditioning equipment, and auto parts and tire sales and service within an enclosed building. Wholesale house of not more than 6,000 square feet in floor area. ( 6) Bowling alleys and billiard parlors. ( 7) Food storage lockers. ( 8) Animal hospital with no outside runs. (Ordinance 24566, 08/28/01) ( 9) Hotels, motels, or motor hotels. (10) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted. (Ordinance 026735, 4/17/06) (1 I) Printing, publishing, and engraving. (12) Milk distributing stations, provided there is no bottling on the premises. (13) Radio or television broadcasting stations, studios, and offices, but not sending or receiving towers. (14) Skating rink in an enclosed building. (15) Swimming pool or natatorium. (16) Accessory buildings and uses, except that outside storage is not permitted. (17) Public or governmental buildings. (18) Mini - storage enclosed. (Ordinance 24566, 08 /28/01) 02/08 B-4 -343- - 86 - (19) Promotional events, subject to the special conditions set forth in Article 27A, Section 27A -2 of this Ordinance. (20) Service station. (21) Taverns, lounges, or bars. (22) Automobile service, painting and body work are permitted as an accessory use within an enclosed building when associated with auto sales establishment. (23) Car washes. (24) Camper shell sales and installation. (25) Commercial parking garage. (26) Automotive repair, major and minor, provided all work is performed inside of a building. (27) Fanners market retail sales area as accessory use to shopping center. (Ordinance 23932, 02/08/00) Section 16-3 Parking Regulations. The parking regulations for pemnitted uses are contained in Article 22. Section 16-4 Off - street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 16 -5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 16 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -IA ", "R.-1B", "R -IC" "R.-2", "A -1 ", "A -IA ", or "A -2" residential district. 16 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -113 ", "R -I C" "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 16-5.03 Any boats, automobiles, recreational vehicles, or manufactured homes stored or displayed for sale shall not be permitted in the yard areas required by Article 24. ,(Ordinance 22851, 02/18/97) Section 16 -6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 -344- - 49 - ARTICLE 12. 'B-1" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS Section 12 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B -1" Neighborhood Business District. This district provides primarily for retail shopping and personal service uses to be developed either as a unit or in individual parcels to serve the needs of nearby residential neighborhoods. Section 12 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "AB" Professional Office District. (2) Automobile parking lots. (3) Display room for merchandise to be sold on order where merchandise sold is stored elsewhere. (4) Custom dressmaking and tailoring not involving a factory, shoe repair, household appliance repair, custom cleaning shop not involving bulk or commercial type plants, household furniture upholstery shop accessory to retail furniture sales, and bakeries. (5) Fueling. ( 6) Offices and office buildings. ( 7) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted within this district. (Ordinance 026735, 4/17/06) ( 8) Personal service uses including barber shops, banks, beauty parlors, photographic or artists' studios, messengers, taxi cabs, newspaper or telegraphic service stations, dry cleaning receiving stations, restaurants with or without alcoholic beverages (excluding taverns, lounges, or bars), and other personal service uses of a similar character. Retail stores, including florist shops and greenhouses in connection with such shops, but there shall be no slaughtering of animals or poultry on the premises of any retail store, nor shucking of oysters or processing of fish. ( 9) (10) Self - service Laundries. (11) Undertaking business or establishment. (12) Accessory buildings and used customarily incidental to the uses permitted in the district, except that outside storage and outside sales area are not permitted. (13) Hand operated or automated self - service car washes. (14) Automotive parts sales .within a building containing less than 3,000 square feet in gross area with no service bays. Section 12 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 12-4 Off- street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 12 -5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart on Article 24, and in addition the following regulations shall apply: 02/06 B-1 -345- - 50 - 12 -5.01 There shall be a side yard not Tess than ten (10) feet in width on the side of a lot adjoining an "R -IA ", "R -1B ", "R -IC", "R -2", "A -1 ", "A -1A ", or "A -2" residential district. 12 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -1B ", "R-IC", "R-2", "A -1 ", "A -IA ", or "A -2" residential district. Section 12 -6 Supplementary height and area regulations are contained in Article 27. 02/08 -346- B -1 - 47 - ARTICLE 11. "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS Section 11 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "AB" Professional Office District. This district is intended to encourage office development of high character in attractive surroundings with types of uses and exterior indication of these uses so controlled as to be generally compatible with single - family or multiple - family dwellings conveniently located within or adjacent to the district. Section 11 -2 Use Regulations. A building or premises shall be used only for the following purposes: (1) Any use permitted in the "R -1A" One - family Dwelling District. ( 2) Two - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) (3) Multiple - family dwellings. ( 4) Boarding, rooming, and lodging houses. ( 5) Private clubs, fraternities, sororities, and lodges excepting those the chief activity of which is a service customarily carried on as a business. (6) Non - profit, religious, educational, and philanthropic institutions. (7) Business and professional offices and office buildings provided the following conditions are met: (a) No building may be constructed with, or altered to produce a store front, show window, or display window; (b) There shall be no display from windows or doors and no storage of merchandise in the building or on the premises; and (c) There shall be no machinery or equipment, other than machinery or equipment customarily found in professional or business offices, used or stored in the building or on the lot. (8) Clinics or hospitals including a pharmacist's shop for dispensing of drugs and medical supplies primarily to patients or occupants of the building; provided, however, there shall be no entrance to such shop except from inside the building and further provided that there be no exterior signs advertising such shop except as provided in item (13) of this section. ( 9) Child care centers. (10) Apartrnent hotels. A business may be conducted within the building for the convenience of the occupants of the building, provided there shall be no entrance to such place of business except from inside the building and further provided that there be no exterior signs advertising such business. (11) Beauty culturist and hair stylist shop, studio for an artist, photographer, sculptor or musician including teaching of art, music, dancing or other artistic instruction, provided the following conditions are met: (a) No building may be constructed or altered to produce a store front, show window or display window; 02/08 AB -347- -48- (b) There shall be no display from windows or doors; (c) There shall be no storage of merchandise in the building or on the premises, and no machinery or equipment other than customarily accessory to permitted uses; (d) No exterior sign shall be permitted except as provided in item (13) of this section; and (e) There shall be no adverse effect created on adjacent or neighborhood properties by reason of dust, odor, vibration, glue or noise. (12) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Roof signs, neon signs and portable signs are prohibited. (Ordinance 026735, 4/17/06) (13) Reserved. (Ordinance 024715, 12/18 /01) (14) Reserved. (15) Accessory buildings and uses customarily incidental to the uses permitted in this district, including retail sales accessory to the main use. (Ordinance 24715, 12/18/01) (16) Assisted living facility. (Ordinance 24566, 08/28/01) (17) Bed and breakfast (B &B) inn. (Ordinance 24580, 09/11/01) Section 11 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 11-4 Off-street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 11 -5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulation shall apply: 11-5.01 Requirements for floor area per acre shall not apply to dormitories, fraternities, or sororities where no cooking facilities are provided in individual rooms or apartments. Section 11-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 -348- AB - 39 - ARTICLE 8. "A -1" APARTMENT HOUSE DISTRICT REGULATIONS Section 8-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article are the regulations in the "A -1" Apartment House District. This district provides for medium - density, multiple - family residence and is usable for construction of garden -type apartments in appropriate locations, or for conversion of existing dwellings to apartments in older sections of the city. Permitted community facilities are the same as for one - family dwelling districts. Section 8-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "R -1A" One - family Dwelling District. ( 2) Two - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) (3) Multiple - family dwellings. ( 4) Accessory buildings and uses. ( 5) A sign identifying all permitted uses, except for one and two-family dwellings, as follows: (a) Properties consisting of less than one hundred (100) feet of street frontage are permitted one (1), thirty (30) square foot wall identification sign which shall not utilize or incorporate flashing, moving, or intermittent illumination. In the event that a property is occupied by ten (10) or more multi- family units, one (1) ground or monument freestanding sign, which shall be set back at least ten (10) feet from the property line and shall not exceed ten (10) feet in height or twenty (20) square feet in area may be substituted in lieu of a wall sign. (b) Properties consisting of more than one hundred (100) feet of street frontage are permitted either one (1), forty (40) square foot wall identification sign, which shall not utilize or incorporate flashing, moving, or intermittent illumination or one (1), forty (40) square foot ground or monument freestanding sign per premise per street frontage. The freestanding sign shall be set back ten (10) fret from the property line and shall not exceed ten (10) feet in height and may be illuminated by ground lighting only and such lighting shall be directed away from traffic flow on the adjacent street(s). (c) In addition to the above, multi - family properties shall be permitted one (1) banner sign of an unlimited size on a temporary basis, not to exceed thirty days, once a year. (d) No portable sign is allowed in this district. ( 6) Assisted living facility. (Ordinance 24566, 08/28/01) ( 7) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/30/04) (a) For properties developed with single- family, duplex, or townhome uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per street frontage is allowed. 02110 -349- A -1 - 40 - (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed The use of one letter -sized flyer box per premise is pennitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. Section 8-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22 of this Ordinance. Section 8-4 Off - street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 8-5 Heigbt, Area, and Sulk Regulations. Height, area, and bulk requirements shall be as set forth in the chart of Article 24. Section B-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 -350- A -1 - 25 - ARTICLE 5. "R -IA" ONE - FAMILY DWELLING DISTRICT REGULATIONS Section 5-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "R -IA" One - family Dwelling District. The purpose of this district is to provide for single - family residential development of relatively more spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of high character and contains vacant land considered appropriate for such development in the future. Section 5 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Truck garden, orchard, or nursery for growing or propagation of plants; trees and shrubs, but not including the raising for sale of birds, bees, rabbits, or other animals, fish or other creatures to such an extent as to be objectionable to surrounding residences by reason of odor, noise, or other factors, and provided no retail or wholesale business office or store is maintained on the premises. ( 2) Single- family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) (3) Churches and parish halls, temples, convents, and monasteries. ( 4) Colleges and schools, public and non -profit private schools, having a curriculum and conditions under which teaching is conducted equivalent to a public school and institutions of higher learning. In connection with the use of such premises as a college or school, the premises may be used for signs, excluding portable signs, which are within 100 feet of a public street for identifying any permitted educational or related athletic facility or publicizing related educational events provided that no sign contain any commercial message or commercial logo that exceeds 35 percent of the total sign area. Signs not within 100 feet from a public street are permitted without restriction provided such sign does not incorporate flashing, moving, or intermittent illumination. The number of signs and square footage of permissible sign area is not otherwise limited. Any sign not in compliance with this paragraph for the use of colleges and schools described herein shall be granted the status of a nonconforming sign upon the registration of such sign with the Building Official or his designated representative within six months of the effective date of this ordinance verifying for each sign: (a) that the sign was constructed and in use prior to January 1, 1989; (b) that the sign is used to identify or publicize educational or related athletic events; (c) the location of the sign; and (d) the percentage of total sign area which is used or dedicated to a commercial logo or commercial message. All signs registered as nonconforming sign pursuant to this paragraph shall be subject to the provisions of Article 26 -11. Nonconforming Sims of this Zoning Ordinance. (5) Home occupations. ( 6) Nonprofit libraries or museums, art galleries; public utility installations for sewer, water, gas, electric and telephone mains and incidental appurtenances. ( 7) Public parks, playgrounds, golf courses, (except miniature golf courses, putting greens, driving ranges and similar activities operated as a business), nonprofit, nongovernmental public recreation, and community buildings. 02/08 R -1A -351- - 26 - ( 8) Railroad rights -of -way, including strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. ( 9) Shell dredging in water submerged areas. (10) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two years from the time of erection of such temporary buildings, whichever is sooner. (11) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/03/04) (a) For properties developed with single - family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. (12) Child care homes. (13) Accessory buildings and uses including, but not limited to, private garages, servants quarters, guest houses, swimming pools, home barbecue grills, storage, off -street parking and loading spaces, customary church bulletin boards and identification signs, which shall not utilize or incorporate flashing, moving, or intermittent illumination and shall not exceed thirty (30) square feet in area for permitted public and semi- public uses. (14) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04 /13/99) (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 9/11/01) Section 5-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 5-4 Off-street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. 02/08 -352- R -1A - 27 - Section 5-5 Height, Area, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the chart of Article 24, which chart, and all notations and requirements shown therein, shall be a part of this Ordinance and have the same force and effect as if all the notations and requirements set forth therein were fully set forth or described therein. In the "R -1A" District all lots in platted subdivisions may comply with the lot area and yard requirements of the "R -1B" District as minimum requirements. Section 5 -6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 R -1A -353- City Charter — Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing it such information as is necessary in relation to its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The -354- Attachment 11 comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the above objectives. Each element of the comprehensive plan shall include policies for its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as set forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or structure within the city until a plat shall be approved and filed. -355- Zoning Case:1008 -04 Raquel Medina; Location: 1014 Furman Avenue; From "B -5" Primary Business District to "A -1" Apartment House District Rating Max. 100 1. Mix land uses. 0 2. Take advantage of compact building design. 0 3. Create a range of housing opportunities and choices. 10 4. Create walkable neighborhoods. 0 5. Foster distinctive, attractive communities with a strong sense of place. 0 6. Preserve open space, farmland, natural beauty, and critical environmental areas. 0 7. Strengthen and direct development toward existing communities. 10 8. Provide a variety of transportation choices. 0 9. Make development decisions predictable, fair and cost effective. 0 10. Encourage community and stakeholder collaboration in development decisions. 0 Staff Smart Growth Rating 20 Attachment: 11 —356— �P. 4 1 t io14- 44,4,14 Art/ • • • *frifr Case too-OM -357- MINUTEES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, November 12, 2008 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly Govind Nadkarni David Loeb Mark Adame I. Garza. STAFF: Bob Nix, AICP Assistant City Manager of Development Services Johnny Perales, PE, Deputy Director of Development Services/ Special Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Miguel S. Saldana, AICP, Senior City Planner Bob Payne, AICP, Senior City Planner Oscar Martinez, Assistant City Manager Jay Reining, First Assistant City Attorney Yvette Aguilar, Attorney I Elena Juarez, Recording Secretary CALL TO ORDER A quorum was declared and the meeting was called to order at 5:31 p.m. by Chairman 2. New Zoning a. Case No. 1008 -04 Raquel Medina - A change of zoning from a "B -5" Primary Business District to an "A -1" Apartment House District resulting in a change of land use from commercial to multi - family Shannon Tract, Block 1, Lot 5, 1014 Furman Avenue, located approximately 160 feet east of Staples Street. Mr. Payne presented the above case via Power Point presentation describing the subject and surrounding property. Mr Payne stated the surrounding neighborhood was fully developed with a strip of "B -5" Primary Business District along Staples Street. The subject lot forms the boundary between the residential and commercial uses. This property is used for a residence and is located in a "B -5" Primary Business District. The "B -5" Primary Business District allows all of the uses that are allowed in the "B-4" General Business District except for one - family and two - family dwellings. The single family use of this property is therefore a nonconforming use. The applicant proposes to build a garage for single - family use which makes it a non - conforming use. Staff cannot allow him to build a detached garage and expand his nonconforming use. Consequently, the applicant is requesting a rezoning from the "B -5" Primary Business District which Mr. Payne describes as heavy commercial district and allow some of the more intensive uses that are business related which do not mesh with single and two - family residential. The "A -1" Apartment House District is located next door to the subject property which is what he is requesting. Mr. Payne stated the Existing Land Use Map clearly defines the commercial uses along Staples Street with the Future Land Use Map calling for a continuation of "B -5" Primary Business District uses. Staff recommends denial of the "A -1" Apartment House District, in lieu of a Special Permit, to allow for single - family uses and the associated garage use. This will allow the applicant to build his garage while also allowing hi3iggtake advantage of the commercial uses in the "B -5" Planning Commission Agent,. November 12, 2008 Page 2 Primary Business District if he chooses to in the future. Of the twenty nine (29) notices mailed, three were returned in favor and three returned in opposition. The calculation shows that those in opposition were less than 20 %. In response to Commissioner Martinez, Mr. Payne stated the only reason for the permit application was to add the garage. Public hearing was opened. Ms. Frances Perez, 824 S. Staples Street, Corpus Christi, Texas stated her property is located directly next to the proposed Special Permit and questioned whether the alley located in front of the house was part of the property in question. In response, Commission Garza clarified the subject property. Public hearing was closed. Commissioner Skrobarczyk questioned whether the next door lot was a conforming or nonconforming lot in relation to size. In response, Bob Payne stated the lots on either side were conforming. Commissioner Skrobarczyk stated there are currently a lot of empty lots on Staples. At this time with the thrust of the UDC discussions, the potential re- development of Staples, the development of new buffers, it is my opinion that any increase of depth that can be developed along Staples in the commercial realm would be more beneficial to the redevelopment of Staples then rezoning to residential at this point. Commissioner Govind agreed stating that although we do not like to give out special permits in this case it is very essential. Motion for approval was made by Commissioner Martinez and seconded by Commissioner Govind. The motion passed unanimously. H:\PLN- DIR\SHARED\ZONING \PLANNING COMMISSION\ MINUTES \2008 \I I- 12- 08MINUTES.DOC -359- Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY RAQUEL MEDINA, BY CHANGING THE ZONING MAP IN REFERENCE TO SHANNON ADDITION, BLOCK 1, LOT 5, FROM "B- 5" PRIMARY BUSINESS DISTRICT TO "B-5/SP" PRIMARY BUSINESS DISTRICT WITH A SPECIAL PERMIT TO ALLOW FOR THE CONSTRUCTION OF A GARAGE, SUBJECT TO A SITE PLAN AND TWO (2) 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; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Raquel Medina, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 12, 2008, during a meeting of the Planning Commission, and on Tuesday, January 13, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 6,500 square feet out of Shannon Addition, Block 1, Lot 5 (1014 Furman Avenue), located on the north side of Furman Avenue, approximately 160 feet east of Staples Street, from "B -5" Primary Business District to "B -5 /SP" Primary Business District with a Special Permit to allow for the construction of a garage, subject to a site plan, attached, and two (2) conditions. (Zoning Map 045044) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following two (2) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "B -5" Primary Business District is a "single family dwelling ", including associated attached or detached garages as defined in the Zoning Ordinance. H: \LEG - DIR\Shared\LEGAL- DEV.SVCS\2009 Agenda \ T -1316Rc zoning1009- 04Medina- B- Sspecial perrnit.doc Page 2 of 3 2. Time Limit: This Special Permit expires one (1) year from the date of this ordinance, unless the property is being used as outlined in Condition number one (1) and in compliance with all other conditions. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 13th day of January, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: January 5, 2009 proborah W. Bro Assistant City Attorney For City Attorney H: \LEG- DIR\Shared\LEGAL- DEV.SVCS\2009 Agenda \1- 131Qe1zening1005- 04Medina- B- 5special permit.doc Page 3 of 3 Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:\ LEG- DIR\Shared\LEGAL- DEV.SVCS\2009 Agenda N -9I, $ 9- zoning10013-04Medina- B- 5special permit.doc 1 WATS" e MB ORRI -N ITCHEL COLEMAN AVE Sin From:'8 -5" To: 73-5/SP" 4 3 2 1 O SA HAMPTON N AVE MUSHAWAY GRINNAGE SSC: Mr AN' Wass presamm ' ® rum- ass MOM i1111110 ran HANCOCK AVE rat CASE # 1008 -04 EXHIBIT A Planning Commission and Staff Recommendation From: "B -5" To: "B -5 /SP" ORDIANCE: • so I a � I rizery F-' fl t'wEti 4 ► - Lid si 00 Is OPIVfr' Na -364- Cih Se loon -O 4 21 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: January 13, 2008) Case No. 1108 -02, Al Crozier/Prime Income Asset Management: A change of zoning from an "AT" Apartment Tourist District to a "B -2" Bayfront Business District resulting in a change of land use from multi- family residential to commercial and high density multi - family described as Corpus Beach Hotel Addition, Lot 7 -A, 4.46 acres located on Corpus Christi Beach and bounded by Surfside Boulevard, Breakers Avenue and Bushick Place. Planning Commission's and Staff's Recommendation (November 12, 2008): Approval of a "B -2" Bayfront Business District. Requested Council Action: Approval of a "B -2" Bayfront Business District. Stairs Summary: • Request: The applicant is requesting a change of zoning on 4.46 acres from an "AT" Apartment Tourist District to a `B -2" Bayfront Business District. The purpose of the request is to construct a 232 unit apartment complex in a four story building at 52.01 units per acre. The maximum density of the "AT" District is 43.56 units per acre. The `B -2" District is unrestricted as to density. • Existing Land Uses: The subject property is currently vacant land. Surrounding uses include a commercial hotel use to the west, vacant and apartment uses to the north, Corpus Christi Beach/Corpus Christi Bay to the east and vacant land to the south. • Existing Zoning: The subject property is zoned "AT" Apartment Tourist District. The purpose of the "AT" District is to provide high -rise multiple - family dwellings and tourist accommodations with limited outdoor advertising so as to be generally compatible with existing development in the district and in surrounding residential neighborhoods. Residential density is a maximum of 43.56 units per acre whereby the subject property could accommodate up to 194 units. The "AT" District requires a 20 -foot front yard setback. Side and rear yard setbacks are 10 feet for one story buildings with an additional five foot required for each additional story up to a 30 foot side or rear yard setback. There is no height restriction. • Proposed Zoning: The purpose of the `B -2" Bayfront District is to provide for high rise residential development with a mix of tourist amenities. Residential single family, two family and multi - family uses are allowed. In Article 24 of the Zoning Ordinance, the "B -2" District requires a minimum 20- foot front yard setback and a 10 foot side and rear yard setback for dwellings otherwise no side or rear yard setbacks are required. The "B-2" District does not a have restriction on residential density, height limitation or minimum open space requirement. The change of zoning for an "AT" District to a "B -2" District could accommodate an additional 37 units. • Transportation and Circulation: The subject property has access to three existing roads: Surfside Boulevard, Bushwick Place, and Breakers Avenue. -367- Agenda Memorandum Case No. 1108 -02 (AI Crozier/Prime Income Asset Management) Page 2 • Infrastructure Demand: o Water: The subject property is served by a six inch water line in the Surfside and Breakers Street right -of -way with a two inch line in the Bushwick Place right -of -way. While the six and two inch water lines are not of sufficient size to serve the property a 16 inch transmission line is located at Surfside and Breakers Avenue and a 12 inch transmission line is located in the Surfside Boulevard. o Wastewater: The City of Corpus Christi has an 8 inch wastewater line along each of the three street frontages. In addition, there is a private 8 inch line from Surfside Boulevard through the middle of the property. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District D40. Crime statistics show a decline in the number of crimes committed from 816 crimes committed in 1993 to 561 crimes committed in 2005. The last year for which statistics are available is 2005. o Fire: The closest Fire Station is number one (1), located at 514 Beldon Drive. • Environmental Constraints: The property is in a FEMA Velocity Zone which requires a finished floor elevation of at least 13 feet above mean sea level. Development in velocity zones is a concern however, the 2006 Hurricane Katrina Mitigation Assessment Team Report stated that new structures built to the 2000 International Building Code or newer "...performed well structurally ... ". In addition, the proposed high density development requires more expensive buildings with more expensive foundations and greater hurricane protection. • .Relationship to Smart Growth (See Attachment 11, Principles of Smart Growth): This project has several aspects that are consistent with Smart Growth Principles. These include: the proposal creates high density residential uses, creates a greater range of housing choices on North Beach, is served by the recently constructed board walk on the beach and will create a distinctive and attractive community on North Beach. One of the most important aspects of this project is that it directs growth toward existing areas of the community. This is an "infill" project on a bypassed lot which will add significantly to the City's tax base as estimated private investment costs are over 20 million. • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for Tourist Oriented Uses, therefore, the proposed "B -2" Bayfront Business District is consistent with the City's Comprehensive Plan. In addition to the Future Land Use Plan, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. -368- Agenda Memorandum Case No. 1108 -02 (Al Crozier/Prime Income Asset Management) Page 3 • CORPUS CHRISTI POLICY STATEMENTS - CORPUS CHRISTI BEACH: A. ENCOURAGE MEDIUM AND HIGH - DENSITY DEVELOPMENTS THAT ARE TOURIST- ORIENTED. As tourist activities increase along Corpus Christi Beach, new commercial development is inevitable. To accommodate new growth, medium to high density development that is tourist - oriented should be encouraged. This includes hotel /motel operations, restaurants, specialty shops, high -rise residential buildings, and other activities that will promote economic growth. Staff Comment: The proposed rezoning is consistent with Corpus Christi Beach Policy above. B. MAINTAIN AND IMPROVE PUBLIC ACCESS, PHYSICALLY, AND VISUALLY TO THE BEACH. As development occurs along the beach, both private and public improvements should be designed to improve public access and enhance the visual character of the area. Better traffic circulation improvements are needed on the beach including stronger transportation links across the ship channel to the Central Business District. C. CONSTRUCT A PEDESTRIAN WALKWAY ALONG THE BEACH. The construction of a pedestrian walkway along the entire beach should be encouraged. It will facilitate pedestrian movement and define the division between public and private facilities. Smaller walkways connecting the parking lots to the central walkway should also be constructed. In this manner, pedestrians can walk safely to and from the beach without fear of moving traffic. Staff Comment: The proposed redevelopment will take advantage of the newly constructed "board walk" adjacent to the east edge of the proposed development. Notification: Of the twenty two (22) notices mailed to the surrounding property owners two (2) notices were returned in favor and one (I) was returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. 73117-7 Bob Nix, AICP Assistant City Manager of Development Services FGM/ej Attachments: 1) Zoning Report 2) Planning Commission Minutes (November 12, 2008) 3) Ordinance PIM/Praject Manager S CP/CP Planning Director H:\ PIN- DIR\SHARED\l. Planning Conran $ NoV0811108-02AOENDAMEMO.doc CITY COUNCIL ZONING REPORT Case No.: 1108 -02 Planning Commission Hearing Date: November 12, 2008 own aQ 0 oVE u 4? u o.A Applicant: Al Crozier/Prime Income Asset Management Owner: Matthew Comay, Justine Duprie, Shah Islam, Makul Maheshwari Representative: Ed Verde, Focus Reality Advisors Marilyn Jordan, Ferguson, Beene, and Evans Commercial Real Estate Address: 3612 Surfside Legal Description/Location: Corpus Christi Beach Hotel Addition Lot 7A, located on Corpus Christi Beach between Surfside Boulevard, Breakers Avenue, Bushick Place Zoning Request From: "AT" Apartment Tourist District To: "B -2" Bayfront Business District Area: 4.46 acres Purpose of Request: To construct a 232 unit four story apartment complex Zoning Existing Land Use Future Land Use Site "AT" Apartment Tourist Vacant Tourist Oriented North "AT" Apartment Tourist Vacant and medium density residential Tourist Oriented South "AT" Apartment Tourist Vacant Tourist Oriented East "AT" Apartment Tourist Corpus Christi Beach Conservation Preservation West "B-1" Neighborhood Business Commercial Commercial ADP, Map & Violations Area Development Plan Area zoning commercial Map No.: Zoning Plan: This tract of land is located in the North Central Area Development Development Plan and is planned for Tourist Oriented uses. The proposed change in is consistent with the adopted Future Land Use Plan which designates the area for uses near water uses. 044047 Violations: None Staff's Summary: • Request: The applicant is requesting a change of zoning on 4.46 acres from an "AT" Apartment Tourist District to a "B -2" Bayfront Business District. The purpose of the request is to construct a 232 unit apartment complex in a four story building at 52.01 units per acre. The maximum density of the "AT" District is 43.56 units per acre. The "B -2" District is unrestricted as to density. • Existing Land Uses: The subject property is currently vacant land. Surrounding uses include a commercial hotel use to the west, vacant and apartment uses to the north, Corpus Christi Beach/Corpus Christi Bay to the east and vacant land to the south. • Existing Zoning: The subject property is zoned "AT" Apartment Tourist District. The purpose of the "AT" District is to provide high -rise ul iple- family dwellings and tourist accommodations with Zoning Report Case No. 1108 -02 Al Crozier/Prime Income Asset Management Page 2 limited outdoor advertising so as to be generally compatible with existing development in the district and in surrounding residential neighborhoods. Residential density is a maximum of 43.56 units per acre whereby the subject property could accommodate up to 194 units. The "AT" District requires a 20 -foot front yard setback. Side and rear yard setbacks are 10 feet for one story buildings with an additional five foot required for each additional story up to a 30 foot side or rear yard setback. There is no height restriction. • Proposed Zoning: The purpose of the `B -2" Bayfront District is to provide for a wide variety of business, commercial and indoor /outdoor amusement uses which reflect the character of a resort area with limited height, area and bulk provisions. Residential single family, two family and multi- family uses are allowed. In Article 24 of the Zoning Ordinance, the `B -2" District requires a minimum 20 -foot front yard setback and a 10 foot side and rear yard setback for dwellings otherwise no side or rear yard setbacks are required. The "B-2" District does not have restriction on residential density, height limitation or minimum open space requirement. The change of zoning for an "AT" District to a `B -2" District could accommodate an additional 37 units. • Transportation and Circulation: The subject property has access to three existing roads: Surfside Boulevard, Bushwick Place, and Breakers Avenue. • Infrastructure Demand: o Water: The subject property is served by a six inch water line in the Surfside and Breakers Street right -of -way with a two inch line in the Bushwick Place right -of -way. While the six and two inch water lines are not of sufficient size to serve the property a 16 inch transmission line is located at Surfside and Breakers Avenue and a 12 inch transmission line is located in the Surfside Boulevard. o Wastewater: The City of Corpus Christi has an 8 inch wastewater line along each of the three street frontages. In addition, there is a private 8 inch line from Surfside Boulevard through the middle of the property. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District D40. Crime statistics show a decline in the number of crimes committed from 816 crimes committed in 1993 to 561 crimes committed in 2005. The last year for which statistics are available is 2005. o Fire: The closest Fire Station is number one (1), located at 514 Beldon Drive. • Environmental Constraints: The property is in a FEMA Velocity Zone which requires a finished floor elevation of at least 13 feet above mean sea level. Development in velocity zones is a concern however, the 2006 Hurricane Katrina Mitigation Assessment Team Report stated that new structures built to the 2000 International Building Code or newer "...performed well structurally ... '. In addition, the proposed high density development requires more expensive buildings with more expensive foundations and greater hurricane protection. • Relationship to Smart Growth (See Attachment 11, Principles of Smart Growth): This project has several aspects that are consistent with Smart Growth Principles. These include: the proposal creates high density residential uses, creates a greater range of housing choices on North Beach, is served by the recently constructed board walk on the beach and will create a distinctive and -371- Zoning Report Case No. 1108 -02 Al Crozier/Prime Income Asset Management Page 3 attractive community on North Beach. One of the most important aspects of this project is that it directs growth toward existing areas of the community. This is an "infill" project on a bypassed lot • which will add significantly to the City's tax base as estimated private investment costs are over 20 million. • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for Tourist Oriented Uses, therefore, the proposed `B -2" Bayfront Business District is consistent with the City's Comprehensive Plan. In addition to the Future Land Use Plan, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. • CORPUS CHRISTI POLICY STATEMENTS - CORPUS CHRISTI BEACH: A. ENCOURAGE MEDIUM AND HIGH - DENSITY DEVELOPMENTS THAT ARE TOURIST - ORIENTED. As tourist activities increase along Corpus Christi Beach, new commercial development is inevitable. To accommodate new growth, medium to high density development that is tourist - oriented should be encouraged. This includes hotel /motel operations, restaurants, specialty shops, high -rise residential buildings, and other activities that will promote economic growth. Staff Comment: The proposed rezoning is consistent with Corpus Christi Beach Policy above. B. MAINTAIN AND IMPROVE PUBLIC ACCESS, PHYSICALLY, AND VISUALLY TO THE BEACH. As development occurs along the beach, both private and public improvements should be designed to improve public access and enhance the visual character of the area. Better traffic circulation improvements are needed on the beach including stronger transportation links across the ship channel to the Central Business District. C. CONSTRUCT A PEDESTRIAN WALKWAY ALONG THE BEACH. The construction of a pedestrian walkway along the entire beach should be encouraged. It will facilitate pedestrian movement and define the division between public and private facilities. Smaller walkways connecting the parking lots to the central walkway should also be constructed. In this manner, pedestrians can walk safely to and from the beach without fear of moving traffic. Staff Comment: The proposed redevelopment will take advantage of the newly constructed "board walk" adjacent to the east edge of the proposed development. • NORTH CENTRAL AREA DEVELOPMENT PLAN (MW) POLICY STATEMENTS: The goal of the North Central Area Development Plan is to promote the redevelopment of underutilized land and the proper development of the abundant vacant land in the area. Staff Comment: The proposed development is consistent with the primary goal of the North Central Area Development Plan. Traffic Count: Not available. —372— Zoning Report Case No. 1108 -02 Al Crozier/Prime Income Asset Management Page 4 Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume Surfside Boulevard C -1 Collector 180' existing row/ two lines/w boulevard Maintain the existing right -of -way NA Breakers Avenue C -1 Collector 50' existing right -of- way with two lanes 60 right -of -way with two lanes NA Plat Status: The subject property is platted. Department Comments: • The proposed development is consistent with the intent of the Comprehensive Plan to encourage high density residential and tourist oriented development. • The proposed rezoning will allow the property owner to develop the property at a higher density than is currently allowed. The maximum density allowed in the "AT" Apartment Tourist District is 43.56 units per acre. The "B-2" Bayfront Business District has no limitation on density and therefore, the applicant has proposed a density of 53 units per acre. In addition, the "AT" District would require a side and rear yard setback for the proposed four story structure of 30 feet. The `B -2" District would require a 10 foot side and rear yard setback and allow the applicant to provide for 37 additional units. Staff Recommendation: Approval Planning Commission Recommendation: Approval Number of Notices Mailed — 18 within 200 foot notification area; 4 outside notification area Favor — 1 (inside notification area); 6 (outside notification area) Opposition — 1 (.82% inside notification area); 0 (outside notification area) As of November 4, 2008 Attachments: 1. Neighborhood 2007 Aerial 2a. Neighborhood — Existing Land Use 2b. Neighborhood —Site Existing Land Use 3a. Neighborhood — Future Land Use 3b. Site Future Land Use 4. Site — 2007 Aerial 5. Subject Property 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed H:\PLN- DIR\SHAREDU. Planning Commission\2008 PC \2008 Zoning Report\November'CC 1108 -02 AI Crozier -Prime Income Asset Mnydoc Zoning Report Case No. 1108 -02 Al Crozier/Prime Income Asset Management Page 5 8. Notice Mailing List 9. District Uses 10. City Charter — Article V- Planning 11. Smart Growth Principles 12. Conceptual Site Plan H:\PLN- DIR\SHARED \1. Planning Commission\2008 PC \2008 Zoning Report \November\CC 1108 -02 Al Crozier -Prime Income Asset M27eent.doc ^'2.9'_0 ^a PtA04./.-zIEV 54R Department of Develop. .. . _ CASE # 1108 -02 1. NEIGHBORHOOD - 2007 AERIAL flSubject Properly Refer to Mav 2; " 2b for Neighborhood .'s •:c Also available Map Scale: 1:10,000 LOCATION !VIA PI SUBJECT PROPFRTY t � City of Corpus Christi 0 •,6 �'r T .o ff �U3..fEC * r ; A. •` PRCPERY'r/ CASE # 2.a. NEIGHBORHOOD - 1108 -02 EXISTING LAND USE Light Industrial • LI Heavy Industrial - HI Public Semi- Public • PSP Park Drainage Corridor - DC Conservation/Preservation - CP Water Estate Residential - ER ] L' — Low Density Res. - LDR Med Density Res. - MDR L °] Hui High Density Res. - HDR ] Ira Mobile Horne - MH EAcj Vacant - VAC E -, Professional Office - PO Commercial - COM 1 HI Ioc I ] 10/28 2008 Pzepare0 EST SRR Depnnmem of Devefopmem Services Map Scale: 1:70,000 Cn4VNE LOCATION MAP T-r ci t, SUBJECT PROPERTY City Cotpus Ci,risti /4002 ; CASE # 1108 - 02 2.6. SITE- EXISTING LAND USE Estate Residential - ER FT-71 Light Industrial - LI - =1 Low Density Res. -!DR I N; I Heavy Industrial - HI 1 - Med Density Res. - MDR 1E1.1'71 Public Semi - Public - PSP J.'rrl High Density Res. - HOR 1 I Park m Mobile Home - MH [vAcl Vacant- VAC - Professional Office - PO I - - Commercial' - COM IDCI I I Map Scale: 1 2.400 Drainage Corridor - DC Conservation /Preservation - CP Water 10.'18 2008 -.pare° SRR opment Services Cn4VNE LOCATION MAP SUBJECT PROPERTY (ityof C.rtpus C'hris't y' u CO • gm' Cpm cc, Q- ,' .MDR_ COM\ n . CO7 MDR �J ,COM N. MDR •c) ,CO;b7 y O COM: V IFONI ;MDR :`•5 -PARK LI CP * OOM MDR 71'0. GGMMDR_'- •..r '� • .;.urh.• q, TOR DMP TOR 7 TOR L1 RK ,. 400 . PS?' T:P CASE # 1 3.a. NEIGHBORHOOD - FE LORI IVACI Vacant - VAC Agricultural /Rural - Estate Residential - ER Low Density Res. - LDR I Med Density Res. - MDR High Density Res- - HOF i_ " Mobile Home • MH f - Professional Office - PO DP Water CP Conservation /Preservation - CP PSP PSP 108 -02 FUTURE LAND USE Tourist - TOR Research/Business Park - RBP Light Industrial - LI Heavy Industrial - HI Public Semi - Public - PSP Park Drainage Corridor - DC Dredge Placement - DP Commercial - COM Transportation Plan Existing Proposed Arterials -- Collectors - - -- Expressways aaaa Parkway Railroad Map Scale: 9:10,000 .n� TOR PARK WATER 10'18 2008 Prepared aY: SRR Depnnmem of Devefopmem Services Cnd VNE LOCATION MAP Lr.f SUBJECT PROPERTY City p C.rtpns Christi MDR COM MDR TOR.' CASE # 1108 - 02 3.b. SITE- FUTURE LAND USE Agricultural /Rural - AR Estate Residential - ER [. - = Low Density Res. - LDR Med Density Res. - MDR 1:,c?1 High Density Res. - HOP [ IT71 Mobile Home - MH IVAC1 Vacant - VAC PC Professional Office - PO [r,,„ �,iJ Commercial - COM m Transportation Plan • Arterials Proposed Collectors - - -- Expressways Parkway Railroad [r. --1v1 Tourist -TOR Research /Business Park - RBP Light Industrial - LI [ -1 Heavylndustrial - HI (- -= I Public Semi- Public - PSP Park _ , Drainage Corridor - DC DP Dredge Placement - DP J Water CP Conservation/Preservation - CP [ Li Map Scale: 1:2.400 P4 P WATER 10/28 2008 Pzepare0 EST SRR Depnnmem of Devefopmem Services Cn4VM« LOCATION MAP SUBJECT PROPERTY (ityof Cotpus Christi fi G4, S2 k /. SUSJEC' j 'PROPER ?Y //' g0r V!LL A DEL SQL CONE V'LLADL SQL GONCC CASE # 1108 -02 4. SITE- 2007 AERIAL Refer td Mao ?'or Neighborhood E- ::r!o, La.si Use 41so available dr ccte':as.cmem C NAVHE 1.004TION !VIA F'I SUBJECT PROPERTY City of Corpus Christi v4/ m / © ✓ x9812 \207 5 A•('- ST / S 200 C 2� F 201 202 203 204 V' A DEL SOL /CO L CORD NA s P /196 197/ 205 /AT 7A /49 80 et 1012813008 Prepared Sy: SRR irtmeot of development Services CASE # 1108 -02 5. SUBJECT PROPERTY Subject Properly SUBJECT PROPERTY,: V. \,198 �/ \207 _. \. 19 C,,... 21 200 «42o2 203 204 20 8o et 40/2813008 Prepared Sy: SRR irt meot of development Services CASE # 1108-02 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP At Apartment Hein D trtd 418 Apa1 _-a kotpieD that P-2 Apennant house 2i tri t HE Processional ©file District AT Aso in ntTounisst LLstd.t B-1 kleigieboi Toon Ruaine o D>rold B14 Nam b h iBdalnase °cart B4 Bayfirste Business Diatot BRA BeiFier Island Business District B- Euafness°waist E4 Steneral Business District B- F-3 Primers BUSiitess Sore Dates Ea Prima ELsiuess Core District ED Cori LIS Chrish Beach design Diet F:R Fenn RI, al Distrd& H4 HistadceI- Guttural Landmark Preservation 101 P OD' -d Limited Industrial Distnce t gdt Industri l District 3 H_avy IndustrialDst -int PLR) Planned Unit ©xv5opment R ? Ore Family ° IlrgDistrt R =B One Felinity Settling EAFTritt R - +r or- Family DAPIItg D>a[ct R-2 Multiple Pavel ling 4sldot RA One Family Pry Ili gDis strict RE Residential Estate District R- H Tomilimuse °ceiling District SP Spatial Perini 1D a Tavel Tinier Park Dlstat T-1B Nanufaeturad Hine Park DLtdet .i denufaalured limns &Midismon [astral (r iava- A Come 300 's:etl v otvr eca adached ownemettia ab!e A, iROpuasGad SUBJECT PROPERTY,: A DEL SRL /C t. SRL G7OND A� S P vr, - -- x,198 � \207 . ,T..1 s 19 200 r ' 2 F 201 202 203 204 205/ 196 197/ 19 From: "AT" To: "B-2" /AT 7A /49 800 Feet CASE # 1108 -02 EXHIBIT A Council Requested Action From: "AT" To: "8 -2" ORDINANCE: 40/2813008 Prepared By SRR irt development Services SUBJECT PROPERTY,: LL, _® LOCATION MAP COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 1108 -02 Name: Al Crozier/ Prime Income Asset Management. Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 22 1 I. Notices returned from within the 200 -foot notification area: Favor: 1 Opposition: 1 (.82 %) #4 (.82 %), Bruce Huffman, 212 E. Main, Sinton, TX 78387. Notice Comment: "I will tell you at meeting." At the meeting Mr. Huffman explained he is opposed to apartments and that condos or townhouses would be better as home owners take better care of their property than renters. His property is for sale but the applicant has not offered a reasonable price. II. Responses received from outside the 200 -foot notification area: Favor: 1 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 4 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 H:\PLN- DIR\SHAREDU. 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This district is designed to permit high -rise multiple - family dwellings and tourist accommodations with limited outdoor advertising so as to be generally compatible with existing development in the district and in surrounding residential neighborhoods. Section 10 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "R -IA" One - family Dwelling District. ( 2) Two-family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) (3) Multiple - family dwellings (including high -rise). ( 4) Hotels and apartment hotels. (5) Motels, motor courts, motor hotels or motor lodges. (6) Restaurants with or without alcoholic beverages. ( 7) Accessory buildings and uses including signage not exceeding sixty (60) square feet in area and used only to advertise the principal business or activity conducted on the premises. For each one (1) foot of lot frontage in excess of one hundred (100) feet, (1) additional square foot of sign area shall be permitted provided the total sign area shall not exceed two hundred sixty (260) square feet. The permitted square footage of sign area may be divided among several signs, provided only one (1) sign not attached flat against a wall of the building shall be permitted for each lot or premise and provided that only one (1) wall sign shall be permitted per street frontage. The one (1) freestanding sign shall not in any event, exceed sixty (60) square feet in area nor twenty (20) feet in height. In no case shall any wall sign project above the height of the building, and when attached flat against a wall of the building such sign shall not project more than eighteen (18) inches from the wall of the building or structure. No signs shall be permitted, regardless of size, which revolve, whirl, move, flash, or make noise. No portable signs shall be permitted. ( 8) Assisted living facility. ( 9) Bed and breakfast (B&B) inn, (Ordinance 24566, 08/28/01) (Ordinance 24580, 09/11/01) Section 10-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 10-4 Off-street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 10-5 Height, Area, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the chart of Article 24. Section 10-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 AT -393- - 25 - ARTICLE 5. "R -1A" ONE - FAMILY DWELLING DISTRICT REGULATIONS Section 5 -1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "R -IA" One - family Dwelling District. The purpose of this district is to provide for single-family residential development of relatively more spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of high character and contains vacant land considered appropriate for such development in the future. Section 5-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Truck garden, orchard, or nursery for growing or propagation of plants; trees and shrubs, but not including the raising for sale of birds, bees, rabbits, or other animals, fish or other creatures to such an extent as to be objectionable to surrounding residences by reason of odor, noise, or other factors, and provided no retail or wholesale business office or store is maintained on the premises. 02/08 (2) Single -family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) (3) Churches and parish halls, temples, convents, and monasteries. ( 4) Colleges and schools, public and non -profit private schools, having a curriculum and conditions under which teaching is conducted equivalent to a public school and institutions of higher learning. In connection with the use of such premises as a college or school, the premises may be used for signs, excluding portable signs, which are within 100 feet of a public street for identifying any permitted educational or related athletic facility or publicizing related educational events provided that no sign contain any commercial message or commercial logo that exceeds 35 percent of the total sign area Signs not within 100 feet from a public street are permitted without restriction provided such sign does not incorporate flashing, moving, or intemdttent illumination. The number of signs and square footage of permissible sign area is not otherwise Limited. Any sign not in compliance with this paragraph for the use of colleges and schools described herein shall be granted the status of a nonconforming sign upon the registration of such sign with the Building Official or his designated representative within six months of the effective date of this ordinance verifying for each sign: (a) that the sign was constructed and in use prior to January 1,1989; (b) that the sign is used to identify or publicize educational or related athletic events; (c) the location of the sign; and (d) the percentage of total sign area which is used or dedicated to a commercial logo or commercial message. All signs registered as nonconforming sign pursuant to this paragraph shall be subject to the provisions of Article 26 -11. Nonconforming Signs of this Zoning Ordinance. (5) Home occupations. ( 6) Nonprofit libraries or museums, art galleries; public utility installations for sewer, water, gas, electric and telephone mains and incidental appurtenances. ( 7) Public parks, playgrounds, golf courses, (except miniature golf courses, putting greens, driving ranges and similar activities operated as a business), nonprofit, nongovemmental public recreation, and community buildings. -394- R -1A - 26 - ( 8) Railroad rights -of -way, including strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. ( 9) Shell dredging in water submerged areas. (10) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two years from the time of erection of such temporary buildings, whichever is sooner. (1I) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/03/04) (a) For properties developed with single - family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. (12) Child care homes. (13) Accessory buildings and uses including, but not limited to, private garages, servants quarters, guest houses, swimming pools, home barbecue grills, storage, off-street parking and loading spaces, customary church bulletin boards and identification signs, which shall not utilize or incorporate flashing, moving, or intermittent illumination and shall not exceed thirty (30) square feet in area for permitted public and semi- public uses. (14) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04 /13/99) (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B&B) or bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 9/11/01) Section 5 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 5-4 Off- street Loading Regulations. The off- street loading regulations for permitted uses are contained in Article 23. 02/08 R -1A -395- - 27 - Section 5-5 Height, Area, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the chart of Article 24, which chart, and all notations and requirements shown therein, shall be a part of this Ordinance and have the same force and effect as if all the notations and requirements set forth therein were fully set forth or described therein. In the "R -IA" District all lots in platted subdivisions may comply with the lot area and yard requirements of the "R -1B" District as minimum requirements. Section 5-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 R -IA -396- - 77 - ARTICLE 14. "B-2" BAYFRONT BUSINESS DISTRICT REGULATIONS Section 14-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B -2" Bayfront Business District. This district provides for a wide variety of business and commercial uses, but at the same time imposes certain conditions upon these uses with the intention of preserving a high character for an area of great scenic and economic importance to the city. Section 14-2 Use Regulations. A building or premises shall be used only for the following purposes: (1) Any use permitted in the "A -2" Apartment House District. (2) Aquarium. (3) Auditorium or gymnasium. (4) Automobile parking lots and accessory off-sheet parking spaces, provided that no parking spaces shall project into the required front yards. (5) Automobile rental agencies. (6) Bank, or loan association. ( 7) Boat sales and enclosed boat storage. (8) Bowling alley, dance hall, or skating rink. ( 9) Hotel, motor hotel, or motel. (10) Marina. (11) Museum. (12) Offices and office buildings. (13) Personal service uses, such as barber shops, beauty shops, tailor shops, dry- cleaning pickup stations, steam baths, messenger or taxi stations, or studios for artists, musicians, or photographers. (14) Restaurants with or without alcoholic beverages, tavern or club. (15) Retail store, but not convenience stores or auto parts sales. (16) Signs not exceeding sixty (60) square feet in area and used only to advertise the principal business or activity conducted on the premises. For each one (1) foot of lot frontage in excess of one hundred (100) feet, one (1) additional square foot of sign area shall be permitted, provided the total sign area shall not exceed two hundred and sixty ( 260) square feet The permitted square feet in sign area may be divided among several smaller signs, provided only one sign, not attached flat against a wall of the building shall be permitted for each lot or other area greater than one lot under one ownership. No sign which is other than flat against the wall shall in any event exceed one hundred fifty (150) square feet in area. In no case shall any sign project above the height of the building, and if attached fiat against a wall of the building such sign shall not project more than eighteen (18) inches from the wall of the building or structure. No signs shall be permitted, regardless of size, which revolve, whirl, move, flash, or make noise. No agency of the City of 02/08 B-2 -397- - 78 - Corpus Christi may grant a variance, exception, or take any action which would permit a sign to be erected in excess of the size provided herein or different from the provisions contained herein. (17) Swimming pool or natatorium. (18) Theater or amphitheater. (19) Accessory buildings and uses, except that outside storage and outside sales area are not pennitted. (20) Promotional events, subject to the special conditions set forth in Article 27A, Section 27A -2 of this Ordinance. Section 14-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 14-4 Off-street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 14-5 Height and Area Regulations. The height and area requirements shall be as set forth in the chart of Article 24, and in addition the following requirement shall apply. 14 -5.01 No building, structure, or sign shall be permitted in the front yard area as set forth in Article 24. Section 14-6 Supplementary height and area regulations are contained in Article 27. 02/08 -398- B-2 - 44 - ARTICLE 9. "A -2" APARTMENT HOUSE DISTRICT REGULATIONS Section 9-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "A -2" Apartment House District. This, the highest density residential district, is generally located neat or within the central part of the city and provides for certain transient residence as well as permanent residence and for certain institutional uses. Section 9-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "R -1A" One- family Dwelling District. ( 2) Two - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) ( 3) Multiple- family dwellings. ( 4) Boarding, rooming and lodging houses. ( 5) Private clubs, fraternities, sororities, and lodges excepting those the chief activity of which is a service customarily carried on as a business. ( 6) Apartment hotels. ( 7) Non -profit, religious, educational, and philanthropic institutions. ( 8) Hospitals, nursing homes and homes for the aged, but not including animal hospitals, penal and mental treatment institutions, office buildings or clinics. ( 9) Accessory buildings and uses. (10) A sign identifying all permitted uses, except for one and two-family dwellings, as follows: (a) Properties consisting of less than one hundred (100) feet of street frontage are permitted one (I), thirty (30) square foot wall identification sign which shall not utilize or incorporate flashing, moving, or intermittent illumination. In the event that a property is occupied by ten (10) or more multi- family units, one (1) ground or monument freestanding sign, which shall be set back ten (10) feet from the property line and shall not exceed ten (10) feet in height or twenty (20) square feet in area may be substituted in lieu of a wall sign. Properties consisting of more than one hundred (100) feet of street frontage are permitted either one (1), forty (40) square foot wall identification sign, which shall not utilize or incorporate flashing, moving, or intermittent illumination or one (1), forty (40) square foot ground or monument freestanding sign per premise per street frontage. The freestanding sign shall be set back ten (10) feet from the property line and shall not exceed ten (10) feet in height and may be illuminated by ground lighting only and such lighting shall be directed away from traffic flow on the adjacent street(s). (c) In addition to the above, multi - family properties shall be permitted one (1) banner sign of an unlimited size on a temporary basis, not to exceed thirty days, once a year. (b) (d) No portable sign is allowed in this district. (1 I) Assisted living facility. (Ordinance 24566, 08/28/01) 02/08 AT -399- - 45 - (12) Bed and breakfast (B &B) inn. (Ordinance 24580, 09 /11 /01) (13) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/30/04) (a) For properties developed with single - family, duplex, or townhome uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5), the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. Section 9-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 9-4 Oft -street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 9-5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be set forth in the chart of Article 24, and in addition the following regulations shall apply: 9-5.01 Buildings may exceed sixty (60) feet or four (4) stories in height provided that forty percent (40 %) of the site is devoted to non - vehicular open space. 9-5.02 Requirements for floor area per acre shall not apply to dormitories, fraternities, or sororities where no cooking facilities are provided in individual rooms or apartments. Section 9-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 -400- AT City Charter - Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any . amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing it such information as is necessary in relation to its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The -401- Attachment: 11 Zoning Case:1108 -02 Al Crozier/Prime Income Asset Management; Location: 3612 Surfside Boulevard; From "AT" Apartment Tourist District To: `B -2" Bayfront Business District Rating Max. 100 1. Mix land uses. 0 2. Take advantage of compact building design. 10 3. Create a range of housing opportunities and choices. 10 4. Create walkable neighborhoods. 10 5. Foster distinctive, attractive communities with a strong sense of place. 10 beauty, critical environmental areas 0 6. Preserve open space, farmland, natural and 7. Strengthen and direct development toward existing communities. 10 8. Provide a variety of transportation choices. 0 9. Make development decisions predictable, fair and cost effective. 0 10. Encourage community and stakeholder collaboration in development decisions. 0 Staff Smart Growth Rating 50 H:\PLN- DIR\SHARED \1. Planning Commission \2008 P02008 Zoning Report \November\CC 1108 -02 Al Crozier -Prime Income Asset ya4rment.doe Ndld 31IS ASVNIWIBIld LO 9 ICZEME SEEM RIK Dud SURFSIDE BOULEVARD AND BREAKER AVENUE 02w76 CHRISTI, TEXAS FOCUS REALTY GROUP wcennv `O'y -404- y u a O. BEACH I Im I to IW 1 I I3 i _ _ _ _ _ _ _. _ _._._._._._._.4,, SURFSIDE BOULEVARD '1 Opp If..q. 1101 i 6 4 illi illli -405- • l • -406- n O O BEACH I u;. c z laite a1. -1mama� 11 UNITS (9-0NE BR, 2 -TWO BR) v v_ Milli sing pp cIst 119 1 ; 11j5 y, —407— SURFSIDE BOULEVARD 9/27/200' 0703i, tab.22/ 20084E47 PRELIM Corpus Christi North Beach JOE NUMBER 08209 UNIT TABULATION CREATED 200848-27 TYPE AREA NO. % TOTAL NET AREA Al 612 52 22.41% 31,824 P2 650 9 3.88% 5,850 A3 733 53 22.84% 38,849 A4 758 3 129% 2,274 A5 778 6 2.59% 4,688 A6 781 16 6.90% 12,496 A7 843 12 517% 10,118 B1 925 39 1881% 36,114 B2 1,050 24 10,34% 25,200 B3 1,132 18 7.76% 20,376 TOTAL 232 100.00% 187,767 AVERAGE UNIT SIZE: 808.34 FLOORS 1 2 3 1 1 1 Al 16 18 18 A2 3 3 3 Al 17 18 18 A4 3 0 0 A6 2 2 2 AB 4 6 6 A7 4 4 4 81 11 14 14 B2 8 8 8 B3 6 6 6 UNITINBLDO 74 UTEUELDO TYPE 74 79 79 -408- TOTAL 3 62 9 63 3 6 16 12 39 24 18 79 79 Atta 65.09% 34.91% I. MINUTEES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, November 12, 2008 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly Govind Nadkarni David Loeb Mark Adame CALL TO ORDER STAFF: Bob Nix, AICP Assistant City Manager of Development Services Johnny Perales, PE, Deputy Director of Development Services/ Special Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Miguel S. Saldana, AICP, Senior City Planner Bob Payne, AICP, Senior City Planner Oscar Martinez, Assistant City Manager Jay Reining, First Assistant City Attorney Yvette Aguilar, Attorney I Elena Juarez, Recording Secretary A quorum was declared and the meeting was called to order at 5:31 p.m. by Chairman Garza. 3. New Zoning a. Case No. 1108-02 Al Crozier/Prime Income Asset Management - A change of zoning from an "A -T" Apartment House District to a "B-2" Bayfront Business District resulting in a change of land use from multi- family residential to commercial and high density multi- family Corpus Beach Hotel Addition, Lot 7 -A, 4.46 acres located on Corpus Christi Beach and bounded by Surfside Boulevard, Breakers Avenue and Bushick Place. Mr. Payne presented the above case via Power Point presentation describing the subject property and surrounding area. Mr. Payne presented maps of the property and stated that the property is basically a city block except for Lot 169. The applicant has applied for a rezoning because he would like to develop the property for apartment/condo residential development at a higher density than what the "AT" Apartment House District allows. The property has been vacant for many years and the "AT" Apartment House District allows for high -rise multi - family and tourist accommodations in addition to allowing single and multi - family. The density that is allowed is 43.56 units per acre or 194 units. The applicant would like to build 232 units on the property which exceeds the density and goes up to about 52 units per acre. The "B-2" Bayfront Business District provides for high- density tourist oriented development with unlimited maximum density. The area is primarily vacant with some apartment uses across the street and some commercial uses in the vicinity. The future land use plan shows tourist- oriented development taking advantage of North Beach in the vicinity of the aquarium and Lexington which provide a significant public investment. There currently is not enough residential in the area to create that twenty four /seven (24/7) atmosphere the is desired. The 232 units would be a big plus in that direction. Of the twenty two (22) notices sent, one notice was received in opposition. -409- Planning Commission Minutes November 12, 2008 Page 2 Mr. Payne addressed that this is a very environmentally sensitive area. Long ago, the City had chosen to pursue high- density development with the Aquarium and the Lexington. With the FEMA floor elevation of 13 feet the developed property will essentially have parking underneath. The finished floor elevation must be at least 13 feet or above that. There are some relatively new studies about hurricanes and the aftermath. Some of the Katrina conclusions were that new structures built with the 2000 International Building Code or newer have performed well structurally. We are now utilizing the 2003 Building Code. In general, we would rather see an expensive structure where the builders can afford to build in more protection and more foundation instead of single - family. The conceptual plan has been submitted. From the 232 units, 151 will be one - bedroom units and 81 two bedroom units which means they will need to provide 232 parking spaces. Staff is recommending approval. In response to Commissioner Loeb, Mr. Payne stated that the "B-2" Bayfront Business District may become the zone of choice in this area as the "AT" Apartment House District can be restrictive. In response to Commissioner Skrobarczyk question regarding whether there the applicant understands that there will be no restriction of the beach traffic, Jay Reining stated that the property is actually leased by the City from the General Land Office and the General Land Office is responsible for that. Public hearing opened. F.W. 'ROCCO" Montesano, Executive Director of the USS Lexington, Corpus Christi, Texas, stated that he has been the Director of the Lexington for about ten and a half years and has yet to see anything happen on Corpus Christi Beach. On the south side of the channel, there is Whataburger Field, American Bank Center, twelve to thirteen million dollars invested in the North End Project around the Art Museum and approval of a bond to redirect Shoreline in back of Memorial Coliseum. Mr. Montesano stated that a lot of money has been placed on the south side of the channel to develop the Bayfront which is a good thing but feels the north side is being left out. Mr. Montesano stated that there is not a lot of development shown on North Beach because of the restrictions and the cost of building projects. If anything is going to get done, then we need to ease up on some of the building guidelines. We need one first development to spur it. The Lexington and the aquarium receive over 700,000 visitors a year. Eighty to ninety percent of these visitors are from out of town. What they see is the blight at Corpus Christi Beach and the only thing that will help us clean up the beach are projects that are commercially viable that can spur other development. This project could be the start of something good at Corpus Christi Beach. Mr. Montesano thanked the Commissioners for their time and hope that they give this application good consideration. Bruce R. Huffman, 212 E. Main, Sinton, TX stated the estate of his family has owned the property on North Beach for approximately sixty five (65) years and is the hold out on the two block development. Mr. Huffman stated that he can remember the carnival days of North Beach when the area was very much alive but is opposed to what is being proposed in this application. What the applicants are requesting is to cluster more people in a confined area. Mr. Huffman stated from years of being in business in Corpus Christi and San Patricio County, I have noticed that when people build the projects they look very good for the first ten to twelve years. However, the properties then get traded off or sold to other entities and then the maintenance seems to fall off and is not kept up. Mr. Huffman questioned Mr. Payne as to whether the development will be rented and sold. —410— Planning Commission Minutes November 12, 2008 Page 3 In response to Mr. Huffman's question, Mr. Payne stated that he was unsure. Mr. Huffman stated that in his experience with rental properties, people who rent do not take care of their properties. Mr. Huffman stated he did not want to see a structure such as this built that is four stories high and then ten or twelve years down the road be the ghetto for North Beach. If this development is built with all the apartment size housing on it, it will in turn limit the access to the beach. Mr. Huffman stated he has had offers within the last two months and has held off on selling the property to the developers because of their low offers. The offer they are proposing is less than the taxes his family has paid in over sixty years to the City. Mr. Huffman again stated that he is in favor of something being built on the beach and that something needs to be done, but questioned whether this development was the answer. Mr. Huffman referred to a proposed development project that was presented a few years ago for town homes to be built on North Beach. Mr. Huffman stated that the project would have been absolutely breathtaking if it had ever gotten off the ground, but not these apartment -type houses. Mr. Huffman stated that as a younger man he was employed with the City of Corpus Christi Fire Department, as an aid to Chief John Carlisle and Fire Marshall R.T. Godditt. Mr. Huffman stated that in working with them he knew they would oppose this development because there is no fire protection on North Beach. There have already been three major fires in apartment houses in Corpus Christi and that there would be one in these proposed apartment houses. Mr. Huffman also questioned whether there was a wastewater treatment system in place to handle this type of building project and questioned his options. In response to Mr. Huffman's question, Faryce Goode -Macon stated that Mr. Huffman's current zoning would not change and does allow for a beach home on stilts. John Sloan, 709 Schooner Harbor — North Beach stated that this area has needed development for years and is in favor of the proposed zoning change. Mr. Sloan stated that while he has lived here he has seen many grandiose plans from town houses to million dollar ocean front houses. There are too many pieces of property owned by absentee land owners that are small tracts which are just contributing to the blight that is on North Beach. This will be a substantial project, maybe high - density, which can be the first project that gets other land speculators who may be waiting for the first person to pick up a shovel. Mr. Sloan stated he would encourage these developers to pickup the shovel. Mr. Sloan stated the residents in the harbors pay significant property taxes, with homes valued from 400,000 to 1.2 million. They are living on a beach that can really grow and be an asset for Corpus Christi. Mr. Sloan stated that this will not happen until • someone starts. Commissioner Tamez wanted to recognize the citizen who came and stated that he understood that he and his family have been tax payers for years and that fact weights very heavily on the Planning Commission's decision. Commissioner Tamez stated we are also looking for the best result for Corpus Christi and that at this stage we are looking for a zoning change. Commissioner Tamez thanked the citizen for coming to the meeting. Public hearing closed. Motion for approval was made by Commissioner Loeb and seconded by Commissioner Kelly. Motion approved unanimously. -411- Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY AL CROZIER/PRIME INCOME ASSET MANAGEMENT, INC., ON BEHALF OF MATTHEW COMAY, JUSTIN DUPRIE, SHAH ISLAM AND MUKUL MAHESHWARI, BY CHANGING THE ZONING MAP IN REFERENCE TO 4.46 ACRES OUT OF CORPUS CHRISTI BEACH HOTEL ADDITION, LOT 7 -A, FROM "AT" APARTMENT - TOURIST DISTRICT TO "B-2" BAYFRONT BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Al Crozier /Prime Income Asset Management, on behalf of Matthew Comay, Justin Duprie, Shah Islam and Mukul Maheshwari, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; and WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 12, 2008, during a meeting of the Planning Commission, and on Tuesday, January 13, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 4.46 acres out of Corpus Christi Beach Hotel Addition, Lot 7 -A, located on Corpus Christi Beach and bounded by Surfside Boulevard, Breakers Avenue and Bushick Place, from "AT" Apartment - Tourist District to "B -2" Bayfront Business District. (Zoning Map 044047) (Exhibit A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H:\ LEG- DIR\SharedLLEGAL- DEV.SVCS\2009 Agenda\1- 13 VIC2zoning 1108- 02Crozier- B -2.doc Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 13`h day of January, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: January 5, 2009 Borah W. Br Assistant City A orney For City Attorney H:1 LEG- DIR\Shared\LEGAL- DEV.SVCS12009 Agenda\ 1- 131ening1108- 02Crozier- B -2.doc Page 3 of 3 Corpus Christi, Texas day of , 2009 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 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 H:\ LEG- DIR \Shared\LEGAL- DEV.SVCS\2009 Agenda \1_14 \tf - zoning1108-02Crozier- B-2.doc 10/2&7005 Prepared By: SRR Department o/ Development Services CASE # 1108 -02 EXHIBIT A Council Requested Action From: "AT" To: "B -2" -415- 22 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: January 13, 2008 Public hearing and first reading ordinance to consider abandoning and vacating a 1,945- square foot portion of the Lakeside Drive and Mounts Drive (undeveloped and unsurfaced) public street rights - of -way, located at the intersection of the Lakeside Drive and Mounts Drive public street right -of -way; subject to compliance with the specified conditions. ISSUE: Ms. Tommie Edwards, ( "Owner"), is requesting the abandonment and vacation of an undeveloped and unsurfaced portion of the Lakeside Drive and Mounts Drive public street rights -of- way, adjacent to her property at 910 Mounts Drive. REQUIRED COUNCIL ACTION: City Charter Article X, Paragraph 9, requires Council approval to abandon and vacate any portion of street rights -of -way. City Charter Article X, Paragraph 11, requires a public hearing prior to the abandonment and vacating of any street rights -of -way. IMPLEMENTATION SCHEDULE: Upon approval by Council and issuance of the ordinance, all grants of street closures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up -to -date survey, abstracted for all public rights -of -way, easements, and items of record, must be submitted to the Deputy Director of Development Services. RECOMMENDATION: Staff recommends approval of the ordinance as presented. AIAL Attachments: Exhibit A - Exhibit B - Exhibit C - Exhibit D - Bob Nix, AICP ACM of Development Services Background Information Ordinance Site Location Map Proposed Re -plat of Property at 910 Mounts Drive (Lots 28 -A thru 28 -E, Block G, Flour Bluff Estates) -419- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Ms. Tommie Edwards, ( "Owner"), is requesting the abandonment and vacation of a 1,945- square foot portion of the Lakeside Drive and Mounts Drive public rights -of -way. The basis of the request to abandon and vacate the portion of right -of -way mentioned in Ms. Edward's application letter is that she has been maintaining the unimproved right -of -way area in front of her property since 2002. In further discussion with Ms. Edwards, staff was made aware that she is in the process of re- platting the property at the southwest corner of the intersection of Lakeside Drive and Mounts Drive to create and develop residential properties. The acquisition of this portion of right -of -way will facilitate the creation of five residential lots out of the existing property. The owners of the two other properties abutting this section of right -of -way did not participate in the abandonment request. Staff attempted to contact Mr. Dale Davila, owner of the property at 349 Lakeside Drive, to confirm reasons for not participating in the request, including visiting the residence on November 19, 2008. There was no response at the door, and written notice was posted. As of December 30, 2008, no response had been received from Mr. Davila. Staff was able to meet on site with Mr. Larry Evans, the owner of the property at 402 Lakeside Drive on November 19, 2008. Mr. Evans explained to staff that he did not participate in the request to abandon the portion of right -of -way because he opposes the action. The public rights -of -way to be abandoned and vacated are located in an "R -1 B" one - family dwelling district. Notice of the proposed street right -of -way closure was mailed to 61 property owners within the 450 foot distance from the limits of the right -of -way to be abandoned, as required by the Code of Ordinances, Section 49 -12. A courtesy notification was also provided to 24 property owners outside the 450 foot distance, but within the adjoining neighborhood area. All public and franchised utilities were contacted regarding this closure request. None of the public or franchised utilities had any objections to the public street right -of -way closure. Staff recommends that the Owner pay the fair market value of $1,215.00 for the abandonment and vacating of the 1,945- square foot portion of the Lakeside Drive and Mounts Drive public street rights -of -way, prior to closure going to City Council. As a condition of the public right -of -way closure, the Owner will be required to record all grants of street closures and dedications in the real property Map Records of Nueces County, Texas, within 90 days of adoption of the ordinance for the closure of this section of Lakeside Drive and Mounts Drive. In addition, the Owner will be required to record the replat of the property, including the section of right -of -way to be closed, within 180 days of the adoption of the ordinance for the closure of this section of Lakeside Drive and Mounts Drive. The Owner has been advised of and concurs with the conditions of the right -of -way abandonment and vacation. EXHIBIT A —420— 1121 1114 . •4 3 it 3 Proposed Public Right of Way Closure Right of Way 8 450' Buffer PODITIONAL SELECTION OF ONNERSHIPS Dab: 12/30/2009 Fib: E:14WeetakesidcMotnts.SCLLakesitle Dr -Mount Dr No Aerbl.mxd Prepared By: Damaris $ City of Caws Christi Texas Development Services -421- Proposed Public Right of Way Closure 8,11/2008 • Prepared fDevelopment EXHIBIT C Department eIEly:DS Senleea -422- S83 °15'16 "E L SIDE DRivE — - -5.21' SZRon 83.04,6'14 BLOCK is G / / / °r ' n, co % o °L J R.O.W. CLOSURE AND PURCHASE / �-•1,945SQ.FT. / DOC # O.R.N.C.T. / ni /S26 °16'Q 22.99 / 4-1\ / =p�ti % 4o ct- SCA PREVAIL vf aV^ `v to .5*,*-. � ^• LOT 26 -A G�rO VOL. 50, PG. 41 / • OD 12.5' R.O.W. M.R.N.C.T. DEDICATION / 625 SQ.FT. '` FOUND 5/8" '',-. STEEL ROD Lots 28 -A thru 28 -E Block G Flour Bluff Estates FOUND 5 /8" STEEL ROD EXHIBIT D —4231 / Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 1,945 - SQUARE FOOT PORTION OF THE LAKESIDE DRIVE AND MOUNTS DRIVE UNDEVELOPED AND UNSURFACED PUBLIC STREET RIGHTS -OF -WAY, LOCATED AT THE INTERSECTION OF THE LAKESIDE DRIVE AND MOUNTS DRIVE PUBLIC STREET RIGHTS- OF- WAY;SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Ms. Tommie Edwards (Owner) is requesting the abandonment and vacating of a 1,945- square foot portion of the Lakeside Drive and Mounts Drive undeveloped and unsurfaced public street rights -of -way, located at the intersection of the Lakeside Drive and Mounts Drive public street rights -of -way due to the fact that Ms. Edwards and her husband have been maintaining that portion of public right -of -way, which is a required duty as per the Code of Ordinances § 49 -11. Additionally, Ms. Edwards is in the process of re- platting the property at the southwest corner of the intersection of Lakeside Drive and Mounts Drive to create and develop residential properties. Therefore the acquisition of this portion of right -of -way will facilitate the creation of five residential lots out of the existing property; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, January 13, 2009, 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 the portion of the dedicated public right -of -way (Exhibit A), subject to compliance with the specified conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 1,945- square foot portion of the Lakeside Drive and Mounts Drive undeveloped and unsurfaced public street rights -of -way, located at the intersection of the Lakeside Drive and Mounts Drive public street right -of way, as recorded in Volume 8, Page 1 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public right -of -way is conditioned as follows: 1. The Owner pays the fair market value of $1,215.00 prior to the street closure ordinance for the abandonment and vacating of the 1,945- square foot portion of the Lakeside Drive and Mounts Drive undeveloped and unsurfaced public street rights -of -way, going to City Council for approval. 2. Within 90 days of approval by Council and issuance of the ordinance, Owner will be required to record all grants of street closures and ORD- Lakeside Drive and Mounts Drive ROW closure 12.16414— Page 2 of 3 dedications at their expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up -to -date survey, abstracted for all public rights -of -way, easements, and items of record, must be submitted to the Development Services Engineer. 3. Within 180 days of approval by Council and issuance of the ordinance, Owner will be required to record the plat of Lots 28 -A through 28 -E, Block G, Flour Bluff Estates, including the portion of the Lakeside Drive and Mounts Drive undeveloped and unsurfaced public street rights -of -way to be abandoned, at their expense in the real property Map Records of Nueces County, Texas, in which the property is located. ORD- Lakeside Drive and Mounts Drive ROW closure 12.1B.425— 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 , 2009, 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 finally on this the day of , 2009, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary APPROVED as to form: January 5, 2009 By: „de“ 90} eborah W. Br Assistant City Attorney For City Attorney ORD- Lakeside Drive and Mounts Drive ROW closure 12464E26— Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon day of , 2009. Henry Garrett Mayor S83 °15'16 "E LAKESIDE DRIVE - -- 15' • l/oj t'E i R.O.W. CLOSURE • AND PURCHASE / 1' DOQ.FT. 6 / O.R.N.C.T. i /S26 °16'43 22.99 / s- / " ;� QA, lryy,o0 • v° ge 2� • / F / BLOCK /G / •Av N ho SCA PREVAIL C1 t VOL. 5O, 26-A 41 / • 12.5' R.O.W. M.R.N.C.T. DEDICATION / 625 SQ.FT. FOUND 5/8" STEEL ROD Ny ''\ / 'J FOUND 518" '1/4� STEEL ROD -427' Lots 28 -A thru 28 -E Block G Flour Bluff Estates ORIGNAL CO•421 CORNER Or �. LOTS 28 ANO 29�82.00j8 G. FLOUR BLUFF. ESTATES OrM 50.er FOUND 5 /e' STEEL ROO COP _SCALE :r .2O `.0.3 Sit 5/e STEEL ROD N s7,9•50.307 25.48• TOMMIE EDWARDS EXISTING PORTION OF LOT 28, BLOCK G, DOC. #2006031719 O.R.N.C.T. BEARINGS AND DISTANCES: S 72 °09'56" E 83.23' S 26.16'07" W 22.99' a CURVE DATA: Q R.20.00' 0 T.23.18' D•98' 26'03" L •34.36' PROPOSE° NEW ROW LINE `• R•80.00' O 1.16.36' D•23. 06'42" 1..32.27' RADIUS BEARS: • S 17.50'04" W 20.00' • 5 63° 43'53" E 80.00' • N 87°14'5r W 105.00' • •02 '4 • D OT Ege1S 1.. 4 ;P .DAVID 1. NESBITT ""D SUR•e 08't art a.ime tom.• se. roux SCAT -•20' 2013x 90v sUVJFA R•105.00* 1.60.45' 0.74° 5816" L•137.30' EXISTING ROW AND L0" Le<E r FGMHD 5 /e' STEEL ROD ORIGWAL SE CORNER Or LOT 28. S;X G. r_ouR SLUFF [STASES. UNIT t� Covm, Rehmet (J Gutierrez Engineering, L. P. 5656 Soln 5:0Nes.So'• 230 Carpus Ctristi.1,,C5 Y:' Plxne 063991/550 For 9931569 OSA ROCar9Ri.GOR I NOTES: : tNO £ASEvew'T RESEARCH HAS BEEN PERFORMED Br COYN. RENNET 8 GUfERRE2. 2.845 /3 0f BEARINGS OF THIS EXHIBIT 15 GRID NORTH AS OBSERVED 8r GPS. 3. OD ALL CORNERS ME SE" 5/17 STEEL RODS. EXCEPT NOTED. 4. TINS PROPERT, 15 LOCATED wnmN ZONE C AREA OF MINIMAL FLOODING A5 DEFINED 8• THE FEOE4AL EMERGENCY MA4'AGEVENT NAPS. COUwugT' PANEL • 485464 0917. CITY OF CORPUS CHRISTI. TEXAS. REVISED MY 18. 1935. SURVEY PLAT SCAT£:t•20 Slowing Ile Minder), or o 1945 sauare foot tract or land DEMO o Dortion of ire existing ripNs'c'wdy or Lakeside Drive and Mar's Drire ad latent to Lot 28. Black a Flour Blurt Estates Unit Lob recorded In Volume 8. Page 1, Mop Arords. Nunes Cwnty. Texas and Dein; :le some tracery described f.: a deed to Tammie. Edwards as rozotMed in Document •2006031719. Officio! RCOrds. Nunes County, Texas. 7m sur•IN rtnrn leg, was amt utax rte aroun0 .Me, 9' `UDVVI$/t: vls ;et ennoce enTS. rose eatres. we'vs;ons. N en3. e'e slow norm TNa p'oR'N owls P oat ROW. n R GISTLRED PROFE.SSW K L :Mann -428- 23 AGENDA MEMORANDUM ITEM: Consideration of two separate requests by petitioners pursuant to Article 1, Section 4 of the City Charter, to repeal Ordinance No.028007 which amended the Code of Ordinances, Section 23 -76, Smoking Prohibitions. ISSUE: Two different groups are requesting that the Council reconsider the Smoking Ban Ordinance passed on December 16, 2008. One request led by A. Nicholas Alexander is requesting that the ordinance be repealed and a new ordinance passed exempting Billiard Rooms. The second request led by Martin Garza is requesting that the ordinance be repealed. Both requests are attached. BACKGROUND INFORMATION: Through the process of Initiative and Referendum in the City Charter, citizens have the right to ask Council to consider new ordinances or to reconsider ordinances (or portions thereof) already approved. The process for reconsideration of ordinances requires five registered voters to make their request within 10 days of passage of an ordinance by filing a statement with the City Secretary that they intend to circulate petitions if the Council does not take their requested action. The City Council has until the adjournment of the next regular City Council meeting following receipt of the statement to reconsider such ordinance. In the event the Council fails to take the proposed action within the time allotted, the City Secretary shall famish to the proponents petition pages for circulation among the registered voters of the City. A valid petition containing signatures equal to at least 5% (approximately 7,800) of the registered voters of the City must be filed with the City Secretary within 90 days. If a valid petition is filed within 60 days, the effectiveness of the ordinance is suspended and an election is called for the next available uniform election date under state-raw. If a valid petitions filed after 60 days, but within the 90 day deadline, the ordinance remains in affect and an election is called at the next regular City Council elections. The City Council can repeal the subject ordinance at any time during this period. REQUIRED COUNCIL ACTION: None. The Council has the option to discuss or not discuss this matter, to vote to repeal the subject ordinance, vote against the reconsideration requests, or not take a vote on either request. Armando Chapa City Secretary —431— 0 CLICKS BILLIARDS, 3100 MONTICELLO, SUITE 350, DALLAS, TEXAS 75205, (214) 521 -7001, FAX (214) 521-1440 December 24, 2008 City I -fall 1201 Leopard St Corpus Christi, TX 78401 -2825 Attn: Armando Chapa — City Secretary RE: Statement of intention to circulate petitions calling for referendum Date Filed; 1z. /.y4Y R•'�P . Armando Chapa City Secretary Dear Mr. Chapa: Pursuant to section 4 of the City Charter of Corpus Christi, Texas, you are hereby notified of the intention of the undersigned voters to circulate petitions calling for a referendum. Pursuant to section 4 (c) (1), please find the name, address, and signature of the required number of voters registered to vote in the city of Corpus Christi, Texas; attached as Exhibit "A ", and our reasons for requesting reconsideration. Pursuant to section 4 (c) (2), please find enclosed as Exhibit `B" the full text of the ordinance to be reconsidered by referendum. Pursuant to section 4 (c) (3), please find the registered voter who is designated to receive all communication from the City Secretary and City Attorney under the section; attached as Exhibit "C ". Yours truly, #/ A. Nicholas Alexander President — Clicks Billiards, Inc. Cc: Assistant City Attorney Elizabeth Hurley City of Corpus Christi, "Texas -432- RECEIVED DEC 2 4 2008 CITY SECRETARY'S OFFICE V Exhibit "A" to-Qt6' We the undersigned registered voters hereby request the City Council to reconsider the ordinanceimending Chapter 23, Health and Sanitation, section 23 -76 as passed by the City Council December 16, 200$ (see exhibit for the full text.) Our reasons for requesting reconsideration are that we would like the City Council to repeal the ordinance and amend it to exempt Billiard Rooms. • As stated in Section 23 -76, page 7 Declaration of Policy, "the provisions of this section are designed to achieve a reasonable balance between the rights of nonsmokers to breath clean air and the wishes of smokers." As a matter of policy, the rights of private property owners were not even mentioned in the Declaration of Policy nor were private property owners given adequate notice or time to speak with council members in support of their position. In spite of this, council member McCutchen, Leal, Hummel and Marez; on their own initiative voted to exempt billiard rooms from the ordinance. • Whenever lawmakers pass a law, they affect the rights of their constituents. It is their duty to weigh the rights of all parties and legislate with restraint. In this case there are Tess than thirty (30) nonsmokers working in billiard rooms in Corpus Christi; all of whom are of voting age and capable of weighing the risks of second hand smoke versus the risks of other occupations such as refinery work, off shore drilling, shrimp fishing, or the armed forces. All of them also have many venues in the city where they can act as servers, managers, or bartenders in a nonsmoking venue. The economic impact of nonsmoking ordinances on billiard rooms is devastating. 1 have ample documentation that revenues fall from 14% - 35 %. • In summary, the alleged health risk to a small group of adults is outweighed by the millions of dollars of economic loss to the billiard room owners and their landlords. • Unintended Consequences — when our patrons can no longer play in a pool league or socialize in our facilities; they will smoke at home and expose their minor children to second hand smoke. All reports indicate that children are the highest risk group and they have no choice. Uert6.0 (re�lz)tWc.•ivai'yo tale/('$ U 33- NAME: ADDRESS: SIGNATURE: 1. ? eve LJ�•���� f� t1 ft 1037b 81164 � %2�Z C"Qt'L �i <' cTX%��jl! cs -4 .` ^ L J 2. (� ( 6 Ct P \11, f \ � t 3t toa $7?1 ti II 5 v- or4 t`=- �: _ t7j' 1�_- /&1(k_ s. E.u,,.� t «. •# 116Z37Y3i7 ?,x:to ke t .ar : A- Z 4. ^/ ✓ 4. ) /�� t ,)/ - ..�E``Lj / ,rip /03x7 4k 4E3 l (I) c 1/Utlf# 61 /` C (0' — RCitjC-r/R( f.fCc r r: 6. y., 4''•feJrf ; i . ,E?cC r) L i- 5 r � i=r3�ti 1 0.;�;C, ) r �. ' 7. 0?-14/Pith C-;rjf5 -.VI 4t' 0 3 Y q `'f g t ?I 7i) 1 jcO.k ( r,..4 /).-; 1 4 %ai ...- Uert6.0 (re�lz)tWc.•ivai'yo tale/('$ U 33- E hibd- ‘,VI AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 23, HEALTH AND SANITATION, SECTION 23 -76, SMOKING PROHIBITIONS, TO REPEAL THE EXISTING PROVISIONS OF THE SECTION AND ENACT NEW PROVISIONS REGARDING SMOKING; PROVIDING FOR SEVERANCE; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 23, Section 23 -76, Smoking Prohibitions, of the Code of Ordi- nances is repealed In its entirety and new provisions are enacted for Section 23 -76 to read as follows: "Sec.-23 7--- Snaking- prehibitiens: radian-ace-design the pet - referential-treatment-to "(b) -- Regulaflcnc to- previde -elea ? afF "(1 soth eke-er "a— Pablie-fasitit os:-Pubiis-areasefan s hiding; but not llmi aoas..efI sties- and- hespitalsr-lecture pals; librarios,-iimoisin •• :leal dlagneetls- centerermevie -b ss transpertatien, -publi nwniolpal faeliity. "b. Greseries,Retall-ef-whslesale- promises-wh' ther- eating - places- and - taverns; as 028007 –434– th cl nge loyee-health - elevators; meeting -ream& which- employeesperferm -duties- instuding;b n financia , uringrassembling-er tam gem , the -work area emplcyses- lounge; and- cafeteria - for - smoking "2. In facHittes -w' n-employer may- designate ene-8 east -ono ioresoh gender -is designated - for - nonsmoking. 'to at which rimed; - regardless -of ption Is-an he- premises; ,sv la-beverages- are -sold or -aewed,-inoluding but ot-tirn delleatessens, di s and- short -order cafes: ofof in d rohibitions contained -in ihis•subsestien: 442:-- 9utsld - manta . ed t hat -(4) the-outside- seatingarea Hng- area- by- a4teor -to-r erior G9es6-door -iireugh-3Athioh-patcons roust- pass- to•aeoesethe- outside -sea ' e establfol et -have to-aesess or- cress•#hre tilizoanyanclllary services -W-the aretable- te- any'patfon -er emple eh -as- publie-restfeoms- er- cashief ; flan ton (10) feet- irorm- the -front door of- the - food - service - establishment: Complianoe- with - the- requirementerseniained -in this - subsection -win foemento#isiai: EHord251 Vor3.doe Pape 2 of 11 —435— 1. -- An-'outsid " ing- area -for pairsfls Of food establishment -ate area -le-n = - ether -mean , g -to tarea-ef is sumptien•of or may -any eenstwedte- inelude -tq ` whi tabltshment. e sale -er are- the- prehibitionccentained -in this -suH ge ightslub,or-tavern u• 4.61.1 -of-the $ lowing roguirementsF "I. For classlfisatien-purpe aef days, with- vorlfied -sop. ied;-if the- holder- paysthe ths' alcohol sates- and -sale d- ether- tnferrnatien -or desdmen he gress•reseipts -tax- hin- ten-(40)-Galondar "•• lcohel io- bevorage- pormitr or- provide dar daysis -a establishment is- a- food- servioe-establishment- subjectts -the prehibttion6 -ef this- seotlonr EHord251 Vor3.doe Page 3 of 11 —436— prose- more -than ents-grossievenue will ba d th ea- restrisfs -an establishmesterowserr or- balderthe- establi � vem voluntarily-sebmitt' themontation -and ion of olassifisation by -mode '1. Entertainment. stage plays ,musical -prssentaiioneathietis- events; or other pedsrmanses g-to4he -area of -the- premises IY s = : : - . ' nated -for smoking, taown on -the- soreerrin- sonjunetion witheach chewing -of -the# . "(3) Private fu in-this-sestion-will-notapply -to these-pe ' ish- privateeesiai- fonsiions-are- being -Meld. AI eats- are -bider sliona erato -of -the private-seolal function inslu r- gatheringssponsored -by individuals- or-gre nests- and- are-not- open --te the- gublis- either freo or- through the- sals- e€tiskets: EHord251 Ver3.doc —437— Page 4 of 11 binge-{n thisiEestion-will-net-appl -, - ' • t-portion of bawling- esta%Nshmeq , lion-will-not-apply-to t ping - falls- which -are desigitatod smoking- areas: "(6)-- Residenees,Smoking- restri en -will- not -apply to residential-building ' l6- seetion-anot le-of-tobacco y • p ineldentarevidedr-hewever-rthaterneke-frem-414ese-places-dees-not infikrateant nder- previsions- of-tgis "(s)-- Pesiing- efsignc. In-ea is- section -shall be charge. S spensibikty=belsngs- to,aH -su I- may-be pree/emit:: - e •- . - - - - .11 be management -from peringr4amag , anent- "(1) Signs- taus# -ba- ova- dwabie- material -er- laminated: "(2) A clearly visible-s ITED BY ATED-AREASswiikbe-pesteci-at-all bited- by-this seetlen: "(3) Clearly- visibie-signe-using-tlie-WEWELS2SMA • THIS AREA" willke-pested- inareasin- which - smoking -is- permitted. respencibie e "(4) €nforce- this - section by reguestingaemplianse- from- patrens-verbaiy -ef - by-prese iijl s- promulgated-by -the xcept in -designatedareasT "(2 Develop -an tianoe- which - specifies -the area(s34n -w- ich ihis EHord251 Vor3.doc —438— Page5of11 h::. = avaitabie -forinspestion- by- t - health- erhis-desiWaees: p determine- sempilanse -wi said- percone and- any-er-all m rized-t e( dareste rtiele: "(19_Violatlons• mmits-ara- effease "(2) Failure of a apfrepfiate-oeuct: ve (5) -days tive•relief -in -the hardship -sendi "(h) Misseliaaeeus- "( •) Nettaing herein-sgall-be- senstrued -te- permit - the- srr♦okingef -any subst Fse o houserlibraryr-rn__ ted- under-said -state -taw. "(3)-- phis- seotien-& hall- take- e#est- September -1 936:" EHord251 Ver3.doc —439— Page 6 o111 "Section 23 -76. Smoking prohibitions. "(A) Declaration of policy. It is the intent and purpose of this section to provide citizens' protection from exposure to tobacco or other. smoke by placing restrictions on smoking within the City of Corpus Christi. The provisions of this section are designed to achieve a reasonable balance between the rights of nonsmokers to breathe clean air and the wishes of smokers. It is declared to be the policy of the City of Corpus Christi to give preferential treatment to nonsmokers when disputes arise. "(B) The following definitions shall apply to this section: "Cigar bar means an establishment used primarily for the sale of cigar and cigar- related products which sales constitute more than 40% of the total retail sales of the establishment and in which the serving of alcoholic beverages are incidental to such retail operations. "Nome occupation means anyprofessional or commercial activity which is carried on wholly within a residential building by a member, or members, of a family residing on the premises, in connection with which there are no persons outside the family employed and which use is otherwise in compliance with the zoning ordinance provisions. When within the previously stated requirements, such home occupation shall be considered a private residence for purposes of this section except when being used as a child care, adult day care or health care facility. "private club means an organization whether Incorporated or not. which (1) is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, (2) is operated solely for a fraternal purpose but not for pecuniary gain. (3) only sells alcoholic beverages incidental to its operation (4) conducts its affairs and management through a board of directors, executive committee, or similar body chosen by the members at an annual meeting, (5) has established bylaws or a constitution to govern its activities, and (6) has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501. "Public buildina means any building other than a building used as a private residence unless such residence Is being used isa child care, adult day care, or health care facility. If a portion of a building is used as a private residence and another portion of the building is used for business purposes or commercial activities, then "public building," as used in this section, shall apply to the portions of the building used for business purposes or commercial purposes, but not the portion used solely as a residence. EHord251 Ver3.doc Page 7 of 11 —440— "Retail tobacco store means a specialty retail establishment used primarily for the sale of tobacco products and accessories and in which the sale of other non - tobacco products Is incidental. "Smoke or smoking means inhaling. exhaling or burning anv lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or form. "(C) It shall be unlawful for any person 10 perform the following acts in anv public building in the City or within ten (10) feet of an entrance used by the public to any public building except in passing: "(1) Smoke; 'T2) Carry a lighted cigar, cigarette. or tobacco•containinq pipe; or '(3) Light a cigar cigarette or tobacco-containing pipe. "(D) Posting of signs: removal of ashtrays. "(1) "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted at every entrance of a public building where smoking is prohibited by this section. "No Smoking" signs or the international "No Smoking" symbol shall be posted by the owner, operator, manager. or other person in control of the premises., "(2) All ashtrays and smoking paraphernalia must be removed by the owner, operator, manager. or other person in control of the premises from any area where smoking is prohibited by this section. "(E) It shall be unlawful for any owner or operator of any public building to place or allow to be placed any of the following items in any public building or within ten (10) feet of an entrance used by the public to any public building: "(1) Ashtrays., "(2) Smoking paraphernalia; or T3FSians that indicate that smoking is permitted. "(F) The provisions of this section do not apply to retail tobacco stores and cigar bars so long as smoke from these places does not infiltrate into areas where smoking is prohibited under this section. EHord251 Ver3.doo Page 8 of 11 —441— "(G) The provisions of this section do not apply to private clubs so Iona as smoke from these places does not infiltrate into areas where smoking is prohibited under this section• however, the provisions of this section do apply to a private club when such club is being used for a function to which the general public is invited. "(11) The provisions of this section do not apply to a bingo facility operated under the Bingo Enabling Act, Chapter 2001 of the Texas Occupations Code, if: "11) An enclosed smoking area is provided; "(2) The smoking area is mechanically ventilated to prevent smoke from entering a non - smoking area; "(3) No one under the age of 18 is admitted to the smoking area "(4) Patrons do not enter or exit the facility through the smoking area; and "(5) Patrons do not have to access or cross through the smoking area to utilize any anciltary services of the facility which are available to any patron or employee of the facility, such as public restrooms, cashier counters, con- cession areas, etc. "{I4 (I) Nothing in this section may be construed to prohibit smoking on outside patios, such as those located at bars lounges, nightclubs. taverns and restaurants, if otherwise conducted in compliance with this section, applicable city fire prevention ordinances, and State alcoholic beverage laws. "{N (J) No area may be designated for smoking by an owner, operator, manager, or other person in control of the premises where prohibited by the city's fire prevention ordinances or another aaency having Jurisdiction. "f.1 (K) Inspection: enforcement. "(1) The owner, operator manager, or person in control of any premises subject to this section shall permit the director of health, or the director's designees, entrance to the premises to determine compliance with this section. Such responsibility belongs to all of said persons. and any or all may be prosecuted for a violation of this section. "(2) The director of public health and the director's designees are authorized to serve official notices of violations of this section. "(3) Any person who violates any part of this section commits an offense punishable under sections 1 -6 and 1 -6.1 of the Code of Ordinances. EHord251 Ver3.doc Page 9 of 11 —442— "(IQ (L) Miscellaneous. "(1) Nothing in this section may be construed tofrermit the smoking of any substance otherwise illegal. "(2) When possession of burning tobacco or smoking tobacco is also prohibited by Section 48 01 Texas Penal Code as to a facility of a public primary or secondary school or an elevator enclosed theater or movie house, library, museum. hospital transit system bus plane, or train which is a public place, such violation shall be prosecuted under State law." SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word, and provision of this ordinance be given full force and effect for its purpose. SECTION 3. A violation of any provision of this ordinance or requirements Implemented under this ordinance constitutes an offense punishable as provided in this ordinance and in Sections 1 -6 and 1 -6.1 of the Code of Ordinances of the City of Corpus Christi. SECTION 4. Publication of this ordinance is to be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. SECTION 5. The provisions of this ordinance are effective on and after April 15, 2009. EHord251 Ver3.doc —443— Page 10 Of 11 to its second That the foregoing or ' nce was r d for the first time and 0p 8 by the following vote: reading on this the day of^�'�'� 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 rgad for the second time and was finally passed on this the l(r- day of h d. 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary Priscilla G. Leal —NI John E. Marez Nelda Martinez Michael McCutchon I10 day of 22)L, 2008. Henry Garr Mayor APPROVED as to form: December 16, 2008 Eli : • -th R. Hundle As ' : ant City Attorney for the City Attorney EHord251 Ver3.doc 02800'7. —444— EFFECTIVE DATE *it (5702P07 Page 11 of 11 Exhibit "C" Pursuant to section 4 (c) (3) the register voter who is designated to receive all communications from the City Secretary and City Attorney is: David Phillips 4557 Dandridge Corpus Christi, Texas 78413 (361) 510 - 3681 -- Cell Phone Solaijunkie @gmail.com — Email Work Information: 4535 South Padre Island Dr. Corpus Christi, TX 78411 (361) 851 -2680 Corpus @clicks.com -445- Signature Page 1 of 2 Print From: David Phillips (solarjunkie @gmail.com) To: nick.alexander @swbell.net Date: Tuesday, December 23, 2008 5:32:20 PM Subject: Fwd: Statement of Intention to Circulate Petitions for Referendum Forwarded message From: Armando Chapa <ArmandoC;(Fi cctexus.com> Date: Tue, Dec 23, 2008 at 3:38 PM Subject: Statement of Intention to Circulate Petitions for Referendum To: SoIf!junkie @gmail.com y Cc: Mary Juarez <Ma at KT ly,1@cctexas.com >, Mary Kay Fischer <M.@ ecu,xas.com >, nick@clicks.com cks.com Mr. Phillips: 1 am in receipt of your statement of intent to circulate petitions under the Referendum section of the City Charter. The City's Legal Staff and I have reviewed your statement and determined that it does not meet the requirements as set forth in the Charter. Article I, Sec.4, (2) Referendum states "The registered voters of the city shall have the power to require reconsideration by the city council of any adopted ordinance or part thereof and, if the council fails to repeal the ordinance, or the disputed part thereof, to approve or reject it at an election as provided herein." Under the Referendum Process your statement needs to specify reconsideration of the ordinance as a whole or what specific part of the ordinance you want the Council to reconsider. As submitted, you are asking for specific amendments to the approved ordinance. There is no provision for the Council to consider amendments to ordinances under the Referendum section of the Charter In order to accomplish your effort to exempt Billiard Rooms from the smoking ban you must ask the Council to reconsider and repeal the whole ordinance with the intent that they rewrite and approve a new ordinance exempting Billiard Rooms. Another alternative would be to propose a new ordinance under the Initiative section of the Charter which would exempt Billiard Rooms. irmando C'hap:t ('hv Secretary P.O. Box 9.77 httn:// us. rne201 .rnail.vahoo.corn /dc /launch?.n tner =sbc &.ex =1 &.rand= b0827cod701ah 12/24/2008 Print Corpus Christi, Tx 78469 (361) 880 -3105 (3611880-3774 (Fax) Capture your moment with DPhi1lips Photography www.dpb i I lipsphotography.biz Page 2 of 2 http: / /us.mg201. mail .yahoo.com /dc/launch ?.paxtl,� sbc &.gx =1 &.rand= b0827cpd70lah 12/24/2008 Exhibit "C" Pursuant to section 4 (c) (3) the register voter who is designated to receive all communications from the City Secretary and City Attorney is: David Phillips 4557 Dandridge Corpus Christi, Texas 78413 (361) 510 -3681 — Cell Phone Solarjunkie@amail.com — Email Work Information: 4535 South Padre Island Dr. Corpus Christi, TX 78411 (361) 851-2680 Corpus®clicks.com -448- yn Q \ ^ `� Signatures To: Corpus Christi City Secretary December 24, 2008 is In accordance with Article I, Section 4 (c) of the Corpus Christi City Charter, divan a a Note0 Statement of Intention to Circulate Petitions Calling for a Referendum to repeal Amending the Code of Ordinances, Section 23-76, 6, the Smoking Prohi itions, I is a�ttaahed as arrt of • asisimiliebiampossiniimiseir The full this statement. It is requested that the City Secretary present this request for referendum to the city council at the next regular City Council meeting following receipt of the statement to reconsider such ordinance. R ered Voters Commencing this Proceeding Voter Registration No. Name Address Voter Registration No. 1 OactWliiO [ Signature Name Address ./ g/ -2 i& 47 i9 e tit 5 , si0 y odd {'3aJai" Voter Registration No. \ Signature / 2 Address 3&f 2 a Voter Registration No. 1623 92 of O E2 Signatur Name �{ Address l 2_•5 Voter Registration No. 1��!���' ' IMe 3c azocr Signature Name Address .2 c L' J Voter Registration No. Signature 7/� The name and address of the registered voter who is h designated to receive all communications from the ti iz I, s City Secretary and City Attorney under this section is: MARTIN GARZA 4629 SCHANEN CIRCLE CORPUS CHRISTI, TX 78413 TIHE LAW OFFICES OF JERRY GUERRA, P.C. 555 N. CARANCAHUA, SUITE 200 CORPUS CHRISTI, TX 78478 -449- Date Filed; l at Lttar • Armando Cliff' a City Secretary RECEIVED DEC 242008 CITY SECRETARY'S OFFICE AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 23, HEALTH AND SANITATION, SECTION 2376, SMOKING PROHIBITIONS, TO REPEAL THE EXISTING PROVISIONS OF THE SECTION AND ENACT NEW PROVISIONS REGARDING SMOKING; PROVIDING FOR SEVERANCE; PROVIDING FOR PENALTIES; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 23, Section 23 -76, Smoking Prohibitions, of the Code of Ordi- nances is repealed in its entirety and new provisions are enacted for Section 23 -76 to read as follows: munieipal-faeility7 tl —450— -451- -452- smoking: EHon1251 Ve2.doe -453- we Pon4 of 11 resp encible -te, in- designated- areas: —454— EM0111251 ve2.dne Qa..e C ..1 Y Y(f) Vi CST �'� arr . °(hy- -MiseeMlar+& -455- 'Section 23 -76. Smok(na prohibitions. "(A) Declaration of policy. It is the intent and purpose of this section to provide citizens' protection from exposure to tobacco, or other, smoke by placing restrictions on smoking within the City of Corpus Christi. The provisions of this section are designed to achieve a reasonable balance between the rights of nonsmokers to breathe clean air and the wishes of smokers. It is declared to be the policy of the City of Corpus Christi to give preferential treatment to nonsmokers when disputes arise. "(B) The following definitions shall apply to this section: 'Cigar bar means an establishment usedprimarlly for the sale of cigar and cigar- related products.which jeles constitute more than 4O% of the total retail sales of the establishment and in which the serving of alcoholic beverages are incidental to such retail operations. "Home occupation means any professipnalor cpmrnerclal activity which is carried on wholly within a residential building by a member, or members, of a family residing on the premises. in connection with which there are no persons outside the family employed. and which use is otherwise in compliance with the zoning ordinance provisions. When within the previously stated requirements, such home occupation shall be considered a private residence for purposes of this section except when being used as a child care, adult day care. or health care facility. "Private club means an organization. whetherincorporated or not, which (1) is the owner. lessee, or occupant of a building or portion thereof used exclusively for club _purposes at all times_ (2) is Operated solely for a fratemal purpose but not for.pecuniarygain, (3) only sells alcoholic beverages incidental to its operation, __(4) conducts its affairs and Management through a board of directors, executive committee, or similar body chosen by the members at an annual meeting, (5) has established bylaws or a constitution togovem its activities, and (6) has been granted an exemption from the payment of federal ipcome tax as a club under 26 U.S.C. Section 501. °public buildna means any building other than a building used as a private residence, unless such residence is being used as a child care, adult day care. or health care facility. If a portion of a buildup is used as a private residence and anothernortion of the building_is used for business purposes or commercial actiyities1 then "public building," as used in this section; shall appiv to the portions of the building used for business purposes or commercialgurposes but not the portion used solely as a residence. —456— Pape 7 of 11 "Retail tobacco store means a specialty_ retail establishment used primarily for the sale of tobacco products and accessories and in which the sale of other non - tobacco products is incidental. "Smoke or smoking means inhaling, exhaling, or burning any lighted cigar cigarette, pipe, or other lighted tobacco product in any manner or form. "(C) It shall be unlawful for any person to perform the following acts in any public building in the City or within ten (10) feet of an entrance used by the public to any public building except in passing: 11) Smoke; "(2) Carr a lighted Cigar, cigarette, or tobacco - containing pipe; or 13) Light a cigar. cigarette, or tobacco - containing pipe. "(D) Posting of skins: removal of ashtrays. • 11) "No Smoking" signs or the international "No Smoking' symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously_ osted at every entrance of a public building where smoking is prohibited by this section. "No Smoking" skins or the international "No Smoking" symbol shall be posted by the owner; operator, manager, or other person in control of the premises. "(2) All ashtrays and smoking paraphernalia must be removed by the owner, operator, manager; or other person in control of the premises from any area where smoking is prohibited by this section. "(E) It shall be unlawful for any owner or operator of any_public building to place or allow to be placed any pf the following items in any public building or within ten (10) feet of an entrance used by the public to anypublic building: "(1) Ashtrays; "(2) Smoking paraphernalia; or "(3) Signs that indicate that smoking is permitted. "(F9 The provisions of this section do not apply to retail tobacco stores and cigar bars so Iona as smoke from these places does not infiltrate into areas where smoking is prohibited under this section. —457— "(G) The provisions of this section do riot apply to private clubs so long as smoke from these places does not Infiltrate into area where smoking is prohibited under this section; however. the provisions of this section do apply to a private club when such club is being used for a function to which the general public is invited. "(H) The provisions of this section do not apply to a bingo facility operated under the Bingo Enabling Act, Chapter 2001 of the Texas Occupations Code, if "(1) An enclosed smoking area is provided: "(2) The smoking area is mechanically ventilated to prevent smoke from Qnterina a non - smoking area; "13) No one under the age of 18 is admitted to the smoking area; "(4) Patrons do not enter or exit the facility through the smoking area; and "(5) Patrons do not have to access or cross through the smoking area to utilize any ancillary services of the facility which are available to any patron or employee of the facility, such as public restrooms, cashier counters. con - cession areas. etc. "(H) (I) Nothing in this section may be construed to prohibit smoking on outside patios such as those located at bars. lounges, nightclubs, tavems, and restaurants, if otherwise conducted in compliance with thlssection, applicable city fire prevention ordinances, and State alcoholic beverage laws_ 'Th (.1) No area may be designated for smoking by an owner, operator, manager, or other person in control of the premises where prohibitedby the city's fire prevention ordinances or another agency having jurisdiction. ▪ (K) Inspection; enforcement. 4(1) The owner, operator. manager, or person in control of any premises subject to this section shall permit the director of health, or the directors designees, entrance to the premises to determine compliance with this section. Such responsibility belongs to all of said pj ons, and any or all may be prosecuted for a violation of this section. "(2) The director of public health and the director's designees are authorized to serve official notices of violations of this section. "13) Any person who violates anypart of this section commits an offense punishable under sections 1 -6 and 1 -6.1 of the Code of Ordinances. —458— (L1 Miscellaneous. " 1 Nothin in this se substance otherwise illegal. 2) When possession of burning to rohibited Section 48.0101 ex s be construed to • ima house a rsec Ii.ra blic nda se mus um ace, such violation shall b e rmit the smokin • of an cco or smokier C•.e asto Pen tobacco is also of a ublic a f or an e v t r en . sed theater or movie ital transit - stem • .lane prosecuted under State law it hos :• or train which is SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment subdivision, b it of compe, phrase dwo��o provision o his o d other section, nance, for it is the definite in ote Cause, p subdivision, phrase, word, and intent of the City Council that every section, paragraph, provision of this ordinance be given full force his ordinance feet f or its requirements ements implarnented SECTION 3. A violation of any p provided in this ordinance mimplemented under this ordinance constitutes an offense punishable as and in Sections 1-6 and 1 -6.1 of the Code of Ordinances of the City of Corpus Christi. SECTION 4. Publication of this ordinance is to be made in the official Corpus lica ion of the City of Corpus Christi as required by the City Charter of the City Texas. —459— re_ Page 10 of 11 24 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 13, 2009 AGENDA ITEM: A. Resolution approving a grant agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for the acquisition of a Turf System for the American Bank Center Arena authorizing the City Manager, or Designee, to accept the grant from the corporation in the amount of $105,000 for that purpose. B. Ordinance approving a $105,000 grant from the Corpus Christi Business and Job Development Corporation to the City of Corpus Christi for the acquisition of a Turf System for the American Bank Center Arena; appropriating and transferring $105,000, from the Corpus Christi Business and Job Development Corporation's Unreserved Fund Balance of the No. 1130 Arena Facility Fund to City's No. 4710 Visitors Facility Fund; changing the FY 2008 -2009 operating budget adopted by Ordinance No. 027776 to increase estimated expenditures by $105,000 in No. 1130 Arena Facility Fund and to increase both anticipated revenues and estimated expenditures by $105,000 in No. 4710 Visitors Facility Fund; and declaring an emergency. C. Motion authorizing the City Manager, or Designee, to purchase the Deiter Turf Field System from the Corpus AF2 Football, LLC, doing business as Corpus Christi Sharks, for $105,000, for use by tenants at the American Bank Center. ISSUE: City Staff received a memorandum from the American Bank Center, General Manager requesting the City of Corpus Christi consider acquiring the Turf System from the Corpus Christi Sharks organization for the American Bank Center Arena. After careful evaluation, staff submitted the request with a recommendation to purchase the Turf System to the Corpus Christi Business and Job Development Corporation. Staff is recommending City Council approval of the purchase. REQUIRED COUNCIL ACTION: Council approval is necessary to acquire the Turf System. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends the City Council approve a grant agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi, appropriate the necessary funding and authorize the City Manager to purchase the Turf System for the American Bank Center Arena. Attachment: Grant Agreement Background Information Invoice Original Purchase Contract with Invoice —463— Margie C. Rose Assistant City Manager BACKGROUND INFORMATION City Staff received a request from the General Manager of the American Bank Center on October 16, 2008, requesting the City consider purchasing the Turf System from the Corpus Christi Sharks organization for use at the American Bank Center Arena. After careful evaluation, staff submitted the request with a recommendation to purchase the Turf System to the Corpus Christi Business and Job Development Corporation, (4A Board) on November 17, 2008. During the meeting, the 4A Board requested additional information before final consideration was given on December 19, 2008. During the December 19, 2008 4A Board meeting, City Staff provided the Board with the following information, which is attached. Listed below are highlights from the attachments: A. Letter from the American Bank Center, dated November 21, 2008 addressing: Reason for Purchase • This purchase will allow the American Bank Center to host other turf related events, which have previously not been available because the turf was not owned by the facility. Event examples could be exhibition games with the Houston Dynamo team, area high schools all - star game, and local youth programs. It can also be another sports configuration for the Convention and Visitor's Bureau to market. • The main focus of the request was for the Sharks to gain capital into their organization, allowing them the ability to expand their local organization as they move away from the existing Austin based ownership to a Corpus Christi /Coastal Bend based ownership. Rate of Return • Turf System will provide potential revenue of $15,000 per year and additional increased rental revenue of $4,000 annually. B. Operations and Marketing Plan for Turf Usage • Purpose - provide playing surface for indoor sports events and soft floor surface for non - sports events. • Uses - Corpus Christi Sharks, other professional teams, colligate and high school teams, local organized teams, professional touring events • Fees - $500.00 per game for the Sharks, other event fees are to be developed • Marketing /Advertising - $15,000 • Maintenance /Repair - Turf will be added to inventory list, Operations Department will be responsible to schedule maintenance and repair. • Asset - Turf will be added to property, plant and equipment schedule. C. Chart of Potential Revenue Sources • Advertising Space, $15,000 /annually • Increased Rental Payments from Sharks Organization, $4,000 /annually • Houston Dynamo Exhibition Games, $10,000 • Coastal Bend Arena Football Classic, $10,000 - $20,000 • Local Youth Programs (soccer, football), $1,500 - $3,000 D. Execution of Additional One (1) Year Option • The Corpus Christi Sharks organization entered into a three (3) year license agreement on January 9, 2007 with SMG with a renewable option for an additional fourth year. As part of the sale of the turf system, the Corpus Christi Sharks organization executed the additional year option. • The one -year extension is contingent upon approval from both the 4A Board and the City Council and receipt of funding. -464- E. Letter of Intent for extension of Lease Agreement • This letter of intent is a good faith effort between SMG and the Corpus Christi Sharks organization to negotiate an extension of the lease agreement at some point in the near future. F. Letter dated December 171 2008 from the Corpus Christi Sharks organization related to the use of funds from the sale of the turf system. • Funding for the purchase of the turf system would provide the organization with much needed operating capital. The capital will allow the organization to immediately expand their local operation as they move away from an Austin based ownership to a Corpus Christi /Coastal Bend based ownership. • Majority of funds will be used to expand their local operations through the creation of multiple staff positions. • If the Sharks organization.is unable to reach an agreement to extend the terms beyond the current lease agreement, the City would have the option to require a buy -back of the turf system or retain the turf system as a City asset. The buy -back would be based on the depreciation rate established by the City and any additional revenue generated from the turf in the interim. • Failure to obtain the funding could jeopardize their efforts to build the local organization and expand their local ownership base. It could also create a funding issue that affects the viability of the Corpus Christi Sharks and the resulting future of Arena Football at the American Bank Center. G. Potential Coastal Bend Arena Football Classic (High School Football Celebration) • As part of the Turf System purchase, the Corpus Christi Sharks will work in conjunction with the American Bank Center to establish a potential Coastal Bend Arena Football Classic (a celebration of High School Football). This is being handled as a sole source procurement. -465- TO: Chairman and Honorable Board Members Corpus Christi Business and Job Development Corporation FROM: Margie C. Rose, Assistant City Manager DATE: December 18, 2008 SUBJECT: Request to Purchase a Dieter Turf Field System for the Arena During the November 17, 2008 Corpus Christi Business and Job Development Corporation meeting, you requested additional information related to the above referenced issue. Enclosed in your packet, you will find the following additional information: A. Letter from the American Bank Center, dated November 21, 2008; B. Operations and Marketing Plan for Turf usage; C. Chart of potential Revenue sources due to the purchase of the Turf System; D. Execution of additional One (1) year option; E. Letter of Intent for extension of lease agreement; ' F. Letter from the Corpus Christi Sharks organization related to the use of funds from the sale of the turf system, dated December 17, 2008; G. Potential Coastal Bend Arena Football Classic (Celebration of High School Football) A representative from the Convention and Visitor's Bureau will be available during the meeting to provide their support in assisting to promote the usage of the turf system. If you should have any questions, feel free to contact me. 5 —466— AmericanBank.•:'� CENTER. arena 1 convention center 1 selena auditorium MEMORANDUM FROM: Marc Solis, General Manager TO: Angel Escobar, Interim City Manager SUBJECT: Corpus Christi Sharks, Dieter Turf Field — Supplemental Information DATE: November 21, 2008 At the November 17, 2008, Corpus Christi Business and Job Development Corporation Meeting, the request from the American Bank Center to purchase the Dieter Turf Field System from the Corpus Christi Sharks was tabled pending the submission of additional supplemental information. This memorandum is being submitted to provide you and the Corporation with the additional information requested. Some members of the Corporation requested that "rate of return" information be provided to assist the board in understanding the request to purchase the system. Although, as will be presented in this memo, there is a return on the acquisition of the turf system, the main focus of the request was that the Sharks have requested the purchase as a means of providing a source of capital into their organization in order to allow them to strengthen their local ownership presence in the community. The purchase would give the team much needed capital, allowing them the ability to expand their local organization as they move away from the existing Austin based ownership to a Corpus Christi / Coastal Bend based ownership. Failure to obtain this local funding could jeopardize the efforts to build the local organization base and the resulting future of Arena Football at the American Bank Center, a potential loss of over $100,000 in net income to the Center and 32,000 patrons annually. The purchase request can not only be looked at from a rate of return on the turf system but that the lack of funding for the purchase could create a funding issue for the viability of the Corpus Christi Sharks beyond the 2009 season. Now for the rate of return information, the purchase of the turf system, which is specifically designed for the American Bank Center and the dasher system acquired by the City as part of the Hockey configuration, will give the American Bank Center the ability to host other turf related events, which previously have not been available to the Center because of the turf not being owned by the facility. As was previously stated, the turf system could have been acquired as part of equipping the Center when the Center was first built and equipped in 2004. Since this was not done at that time, the Sharks were put into the position of having to acquire this on their own, which created large up front capital investment which typically 361.826.4100 fax 361 -883 -0788 I www.americanbankcenter.com467 — 6 on n,.,, linen , ion, ni ck,n..n.. Feud Ct. inn 1 Cnrous Christi. TX 78403 -3040 The funding of the turf by the Corporation on behalf of the City of Corpus Christi and the American Bank Center does two important things for the community first, it provides much needed capital funding for the Sharks and secondly, provides an asset which can be used by the Center for turf related events for years to come. Specifically on the rate of return question, the acquisition of the turf will provide the Center with additional high profile advertising space — on the turf itself - to sell. It is conservatively estimated that this advertising income potential is approximately $15,000 per year to the American Bank Center. Additionally, ownership of the turf will add approximately $4,000 annually in increased rental payments by the Sharks, and should the Sharks make the playoffs in any given year, the playoffs would also include an additional $500 per event income to the Center. Should there be an Exhibition Game by either the Sharks or other AFL teams in the Center, this rental rate would also apply. Additional events could provide new income from rent and ancillary incomes that could further improve the net income of the Center. So conservatively, the turf from arena football could generate a minimum of $19,000 per year in revenue with the option for additional income from other turf related events. It is important to note that Sharks games provide parking, facility fees, and food and beverage income to the Center. These ancillary incomes provide the major source of funding for the Center operation and maintenance so any expansion of existing events gives the Center the ability to break -even or make a small profit from the operating fund. The question was raised on which other events could use the turf system. We are aware the Houston Dynamo, the reigning MISL Champions, have made feelers to venues in Texas for possible exhibition games, an effort to build their fan base in Texas. The Austin Wranglers Arena Football team has hosted a high school all -star game for the last several years that has grown in popularity in the Austin area. In working the with Sharks, we too could create a similar event for the American Bank Center and give the community another option for arena football, building the fan base for this sport. The Convention and Visitors Bureau would also have another sports configuration of the Arena to market as part of its Sport Market. It is difficult at this time to quantify these events and efforts, but a single event could provide the Center with $10,000 in rent and ancillary income annually. Initial discussion has been held with one local group regarding turf usage however more aggressive marketing efforts would begin after the purchase is finalized. Some comparison has been made to this transaction being like the Hooks financing back in October 2007. In one respect yes, the Corporation was asked by a local professional team to provide needed financing to assist the team with its opportunity to succeed in the community, but unlike the Hooks, this financing is not to build an asset, it is a request to purchase an asset. In both cases it allows the respective team to improve its financial viability, in the Hooks case through additional advertising and ticket revenue for the Hooks and for the Sharks with the purchase of their Turf System, giving them much needed capital. Both requests help City tenants, allows the teams to grow, and allows this quality of life industry to succeed in this marketplace and allow the Center to own the turf. -468- 2 GNP MINISMOMIIMPAXIMOMI The American Bank Center strongly encourages the purchase of the turf system from the Corpus Christi Sharks by the City. We have shown that with at least $15,000 in potential advertising income, with $4,000 in Sharks rental income and with the potential of $10,000+ in special events income, the purchase could generate over $29,000 in additional income to the Center annually, but more importantly assist the Sharks with a capital need in exchange for the purchase of the turf system. Your favorable review and acceptance of this proposal is solicited. /go Marc olis General Manager American Bank Center Copy to: Larry Linde Corpus Christi Sharks —469 -8 3 CND NW.WIwW NNW Willi American Bank Center Operations and Marketing Plan for Turf Usage Equipment: Purpose: Uses: Fees: Dieter Turf System (arena turf playing field) Provide playing surface for indoor sporting events Provide non -sports surface for events requiring soft floor Turf System Primary User - CC Sharks, Indoor Football Turf System Secondary users - Other professional teams Colligate and High School Local organized teams Professional touring events Responsible Department Sales and CVB User fees will be developed and worked into the Rental Rates charged to lessees of the American Bank Center. The rate of $500.00 per game will be charged to the CC Sharks. Other rates are pending development after purchase and would be contingent on type of event and labor cost associated with the unique requirements of each event. .... . Responsible Department - Finance • Marketing: Turf advertising will be added to the inventory of advertising space of the American Bank Center. A partnership with the CC Sharks on a joint marketing effort will be considered Budget goal isV5,000 • Responsible Department - Marketing Maintenance and Turf system will be added to Inventory list and a schedule Repair of maintenance and repair will be established. Responsible Department - Operations Asset: Asset will be added to property, plantand equipment schedule Insurance provider to be notified of asset purchase Responsible Department - Human Resources /Risk Mgt -470- 9 Potential Revenue Sources for the ABC with Purchase of Turf System Event /Other Potential Revenue A. Advertising Space $15,000 B. Increased Rental Payments from Sharks Organization* $4,000 C. Houston Dynamo Exhibition Games $10,000 D. Coastal Bend Arena Football Classic $10,000 - $20,000 E. Local Youth Programs (soccer, football) $1,500 - $3,000 *If Sharks make the playoff, an additional $500 per event income will be realized - 471 -10 NOTICE OF EXTENSION AGREEMENT BETWEEN THE AMERICAN BANK CENTER AND CORPUS CHRISTI SHARKS TEAM The City of Corpus Christi has authorized SMG, dba the American Bank Center, to offer a one year extension to the lease agreement between the American Bank Center and the Corpus Christi Sharks Team, dba Corpus Christi Sharks, past the end of the 2009 Season, as authorized in the lease agreement of January 9, 2007. The City of Corpus Christi has agreed to any assumption rights of an extension agreement between SMG and the Corpus Christi Sharks past the existing City of Corpus Christi and SMG, Pre- Opening Services and Management Agreement of December 18, 2001, term ending November 4, 2009, or as amended. 1. The Extension Agreement between the SMG and the Corpus Christi Sharks, hereby agree to extend the term of the Lease Agreement of January 9, 2007, from the end of the 2009 season to the end of the 2010 season. 2. The Extension Agreement is under the same terms and conditions of the existing agreement of January 9, 2007, 3. The Extension Agreement establishes the rent for use of the Dieter Turf System by the Corpus Christi Sharks, for an average 3 hour period of $500.00 per game, additional uses and rents will be established by SMG based on use, cost of conversion and labor. 4. The Extension Agreement is contingent upon approval of the Corpus Christi Business and Job Development Corporation approving the City of Corpus Christi request to fund the purchase of the Corpus Christi Sharks Dieter Turf Fie'$ f _/ , System (the turf) in the amount of $105,000 on December 19, 2008, .sit( � This Notice of Extension Agreement constitutes the expression of SMG and the Corpus Christi Sharks to extend the lease agreement contingent on the purchase of the Dieter Turf System, and the City of Corpus Christi assumption of this agreement in principle as a binding legal agreement. ACCEPTED AND AGREED: SMG dba Amyx : :. ri / By: V Al / By: Name: ` arc Solis Larry Linde Title: General Manager General Manager F2 Football, Date: December ,(Y, 2008 -472- 11 Date: December t v , 2008 LETTER OF INTENT FOR EXTENSION OF LEASE AGREEMENT The purpose of this letter of intent ( "Letter of Intent ") is to set forth the understanding of the parties with respect to extending the lease for the use of the American Bank Center located in the City of Corpus Christi, Texas (the "City "), which understanding will be the basis for the parties to enter into a definitive use lease agreement (the "Definitive Agreement ") between the American Bank Center, which is managed by SMG, as an independent contractor for the City and the Corpus AF2 Football, LLC, dba Corpus Christi Sharks (the "Sharks "). 1. SMG, as independent contractor for the City, and the Sharks, will use their respective good faith efforts to enter into a Definitive Agreement based generally upon the terms and conditions set forth in the existing Lease, attached hereto as Exhibit A, and such additional terms and conditions that are customary in transactions of this nature and mutually agreed upon by the parties. 2. The intent of the parties is to enter into such Definitive Agreement by July 31, 2009 (as such date maybe extended by written mutual agreement by the parties, the "Target Date'). 3. The parties hereto agree that, until the Target Date, (a) negotiations between them regarding the Definitive Agreement shall be exclusive, and (b) neither of the parties will enter into or resume negotiations or enter into a contract regarding the subject of the Definitive Agreement with any non - parties to this Letter of Intent. Except for the provisions in Section 3 above, this Letter of Intent constitutes the expression of SMG's and the American Bank Center's interest and agreement in principle only and is not to be interpreted or construed as a binding legal agreement, and is subject in all respects to.the consummation, execution and delivery of' the Definitive Agreement mutually acceptable to both SMG and the Sharks. ACCEPTED AND AGREED: SMG dba By: �. ,�. �.: By: Name: olis 'T Larry i de Title: General Manager General Manager Date: December 7 , 2008 s AF2 Football —473 -2 Date: December ¥,2008 FROM: TO: SUBJECT: DATE: MEMORUANDUM Larry Linde, Owner / Vice President Chairman and Honorable Board Members Corpus Christi Business and Job Development Corporation Corpus Christi Sharks, Dieter Turf Field December 17, 2008 At the November 17, 2008, 4 -A Board Meeting, the request from the American Bank Center to purchase the Dieter Turf Field System from the Corpus Christi Sharks was tabled. During this meeting members of the Board questioned the intended use of the funds generated by this proposed transaction as well as the Sharks long -term commitment to the arena and community. This memorandum is intended as a written document to support my comments made that day. As previously stated, the funding for the purchase of the turf system would provide our organization with much needed operating capital. This capital will allow us to immediately expand our local operation as we move away from an Austin based ownership to a Corpus Christi / Coastal Bend based ownership. NONE of the funds will be used for any purpose other than to fund the 2009 and subsequent season's operations. On the intended use of the funds, the vast majority of these funds will be used to expand our local operations through the creation of multiple staff positions. Included will be positions that focus on business operations, accounting, HR, purchasing, graphic design as well as sales. These positions were previously based in Austin and will now be located in Corpus Christi as part of our move towards local ownership. Any / all remaining funds will be used for operational purposes with a focus on enhancing relationships with local vendors. Relative to our long -term commitment to the Corpus Christi community and the American Bank Center, on January 9'h, 2007 we entered a License Agreement with SMG. The initial term of this Agreement is a three (3) year deal with a renewable option for an additional 4'h year. We are prepared to act now and exercise the option for the additional 4'' year (2010). Per the attached Letter Of Intent for Extension of Lease Agreement, it is our intention to negotiate, in good faith, to extend the terms beyond the current agreement. —474-13 As further proof of our commitment, and in an effort to eliminate any real or perceived risk associated with this proposed funding, we are also prepared to execute a buy -back clause for the turf. Quite simply, if we are unable to reach an agreement to extend the terms beyond the current lease agreement, the City would have the option to require a buy -back of the turf — or — retain the turf as a City asset. The buy- back would be based on the depreciation rate established by City and any additional revenue generated from the turf in the interim. That having been said it's important to note that failure to obtain this funding could jeopardize our efforts to build our local organization and expand our local ownership base. The lack of funding for the turf purchase could create a funding issue that affects the viability of the Corpus Christi Sharks and the resulting future of Arena Football at the American Bank Center. Larry Linde Owner / Vice President Corpus Christi Sharks Copy to: Angel Escobar — City Manager Margie Rose — Assistant City Manager Marc Solis — General Manager, American Bank Center Jorge Cruzaedo - American Bank Center SHARKS FOOTBALL PRESENTED BY CLTGO! 101 N. Shoreline Drive Suite #208, 78412 OFFICE: (361) 862.9292 FAX (361) 882.8712 - A PROUD MEMBER OF THE ARENA FOOTBALL FAMILY - WLEAGUEL —475-14 COASTAL BEND ARENA FOOTBALL CLASSIC The Corpus Christi Sharks, the Coastal Bend's only Arena Footbal l team, in partnership with SMG proudly announce the birth of the annual Coastal Bend Arena Football Classic! The Coastal Bend Arena Football Classic is a celebration of high school football in South Texas. The event will include a high school All -Star football game and will be used to recognize all the individuals that make high school football a lifeblood of our South Texas community - players., coaches, cheerleaders, dance teams, bands, mascots, trainers, writers, broadcasters and boosters. The Classic will consist of two (2) teams, each fielding 30 - 35 players forming the Coastal Bend North All -Stars and the Coastal Bend South All- Stars. The game will be played in Februaty/March at the American Bank Center Arena using standard Arena Football League rules . Coaches and training staffs for both the SortKand South :All Star teams will beBead Football Coaches and trainers from high schools in the Coastal Bend';along with the Corpus Christi $harks;coaching staff. Proceeds from the Coastal Bend Arena Football Classie will be donated to Arena Sports Neighborhood Charities and will be utilized in support of various non -profit organizations io the Coastal Bend. MESSACrE =::. foot�a m out xps t.,._; `:CHARITY A celebration of high school b 11` S tl' Te Arena tportsNeighhorhood Charities 501(c)3. A to recognize and than -all the people ivho make high - -Thefdcus -of thefoundahonis to ene'ourage area youth to live their chance what it is (players, coaches ttramers ohCet stitigs;.1lives wehenith1))aobraping: boosfois,riiaseots, bands, writers, and broadeastprs) ,_ t i'Good health (exorcise and healthy eating) I. • Education (literacy and high school graduation) s Player- election reflects not +just then:.,athletic abihty-but their e. • Community; (abstatmng - from drags / alcohol and %ommiinity academic performance asweltas! cbtlnthatitple� {vid9(preatindrole aerytce)`ts t 1,•4 ,. ft t, models and communicating tljeih4bi lance of pit three eleinetlts) - .t i t , E i• • a i i Ttic foundation wilt Work With agencies in the Coastal Bend A chance to provide a special experidncethattheywdlremembered Comtininity that are conunitted to all or part of this mission, for a lifetime. FINANCIALS REVENUE • Tickets sales = 3,000 tickers sold at $I0 = $30,000 • Sponsorships = $15,000 • Other opportunities = $5,000 (concessions, program sales, merchandise, etc) EXPENSES • .Arena =TBD (rent, staffing, field conversion, etc) • Video Production = $4,000 • Uniforms & football equipment = $5,000 • Program printing and production = (TBD) • Scholarships = (TBD) REVIEW An arenafootbalt game with local high school seniors. • Genie in early Feb ( Mar with 30 -35 players on each team • Representing 50 + area high schools More that+ just a football game! 4 Whilefootball is center stage, we want to embrace far more (bobaters, cheer, bands, trainers, coaches, players, etc) Not just a single event! • Activities start in August and run through Feb / March • High school game presence, on -line voting, Player of the Week presentations, banquet, coaches luncheon Internet Channel • Sharks' dedicated interact channel to broadcast all activities — 477 — 16 INVOICE Corpus Christi Sharks Football INVOICE # 200901 DATE: JANUARY 5, 2009 The Coastal Bend's Only Arena Football Team! 101 N. Shoreline, Suite #208, Corpus Christi, TX 78401 Phone 361.882.9292 Fax 361.882.8712 www.ccsharks.com TO City of Corpus Christi Attn: Margie Rose 1201 Leopard Street Corpus Christi, TX 78401 361.826.3232 SHIP American Bank Center Arena TO Attn: Jim Salamenta 1901 N. Shoreline Corpus Christi, TX 78401 361.826.4100 JOB PAYMENT TERMS Dieter Turf System Due January 15'", 2009 DESCRIPTION TOTAL For the sum of One Hundred and Five Thousand U.S. dollars ($105,000.00) Corpus Christi Sharks agrees to transfer ownership of one complete Dieter Turf system (original Purchase Contract and Invoice in the amount of $151,550.00 attached) to the City of Corpus Christi. It is understood that legal ownership of the turf system remains with the Corpus Christi Sharks until the contract price is paid in full. $105,000.00 TOTAL DUE $105,000.00 Make all checks payable to Corpus Christi Sharks THANK YOU FOR YOUR BUSINESS! SEP -30 -20001 TUE) 08:00 SPORTS . atmaa0 QUALM re IMr SWUM PURCHASER NAME: CONTACT: SITE LOCATION: (Ship to) PURCHASE CONTRACT #07-6 January 22 2007 Texas AF2 Holdings LLC therein the Purchaser) for the Corpus Christi Sharks P. 001 /005 Jim Sahrmente Phone- 3014204107 Pax 301.626.4911 • limsdloctexas,to BILLING ADDRESS: American Ban Center 1901 Shoreline Blvd Corpus Christi TX 79401 Texas AF2 Holdings LLC 2209 W. Barker Lane Austin TX 78705 Attn: Doug MacGregor dmaegrsaerf ustInwrangters.com PHONE: 512.3364010 FAX: 512 - 4914096 CELL: 512.299 -7939 Fora total of One Hundred and Forty Thousand U.S. dollars ($140,000.00) herein Contract Price • Sportexe Construction Services Inc. (hereinafter "Sportexe") agrees to: Supply and assist with installation of one (1) Dieter Tuff Field, a custom set of dasher board pads and required equipment that comprises the game system for Arena Football (The Product) as described In the Scope of Work section listed below. COMMENCEMENT DATE: March 14 2007 PAYMENT TERMS: 50% of Base Contrect Price due upon contract execution. Balance of Contract Price due upon Installation of Product The Purchaser acknowledges and understands that legal Otto and ownership In the Product remains with Sportexe until the Contract Price Is peld In full. Unto tine Is transferred, Spartexe retains the dght to enter upon the Purchasers place of business and remove the Product. Sportexe reserves the right to cease work if any payment Is not pald as per payment terms above, Purchaser hereby agrees to pay a service charge of 1534 per annum on any delinquent payments, calculated from the dots payment Is due. PURCHASER'S RESPON$1B1LIT1ES: WORLD HEADQUARTERS: 1909 Mad940a Hay., Fanlha, ON IDS 1E6 Corrode • T:100126000 • F903,9926000 INTE R1ATIONALD0WOW11,t1.5127445301 • F:11.112344.0114 USA. H uteatb RlMS:1 Chlshahn TAL Ste 400. Rand Rock TX19991 USA. • T:612249.7100 •F: 512246.1122 PIsrneURONCEN26R:19/Eoinghldla latWay,Ctllroun,GA30101 USA.• T: 706.124.9510•F.700.521.9174 -479- WWIRSP E .CON SEP- 30- 2008(1TE) 09:00 OIaCleaOVAL /fYMR'T6J (Lre HUM P. 002/005 1) INPORMATIONANO RESPONSE: • The Purchaser will promptly provide Information and respond to Sportexe's requests for information so as to ensure protect continuity. 2) ACCESS: Once the Installation starts. Sportexe is to have full and easy access end right of way to the project area. It Is hereby acknowledged and agreed that Sportexe Is not responsible for any damage as a result of moving men and equipment across any access area. The Purchaser Is responsible to provide clear, stable, appropriate and safe access to and from the project area. 3) LIGHTING, ELECTRICITY & PACILUIES: Sufficient temporary lighting, power and washroom belittles ere to be supplied and maintained by Purchaser, at no charge for Sportexe use during protect construction. 4) UNDERGROUND SERVICES OR OBSTRUCTIONS: Purchaser will be solely responsible for ell costs associated with removal / relocation of any above ground or' underground obstraetons such as rook, hazardous materials, contaminated fill or any unidentified substances. utilities or services. 5) PERSONNEL & SECURITY: Purchaser must provide et least 8 able bodied arena staff to assist with the inslatla0on, (for the duration of the Installation) at no cost to Sportexe. Purchaser Is solely responsible for Ask of lass or damage and site security of Product Including all materials, equipment. and supplies from the moment of delivery. e) PAYMENT: The Purchaser must pay on dme and in accordance with payment terms above. 7) TAXES d DUTIES All and any applicable Federal State or IoaYmunicipal taxes and duties are the exclusive responsibility of the Purchaser. 9) PERMITS & LICENSES: The Purchaser le responsible for obtaining any and all licenses or permits required by any governing bodies Including local, slats or federal agencies, These permits include but are not limited to Items such as storm water management, environmental, waste removal, transportation, geo technical (soils) testing, site and legal surveys, topographical drawings, etc. .9) NOTICE 8 DELAYS: All work necessary to the installation, to be performed by the Purchaser must be completed prior to the commencement of construction by Sportexe. If Sootiest is delayed In tha performance of the work by action or omission of the customer, or anyone employed or engaged by them directly or indirectly, than the Contact.Duatlon shall be extended for such WORLDHEMICWAmaISJ 109 MenttnOe Hwy., FS ON LOS 1E8 Canada • T. 905.8825000• F:005.0021000 0RERHATIONALOMSIOtb t 0.512744.0301 • P: •t512.744,0334 USA HESDDWRTERS 1 CNshetmtrall, Ile. 400. Roundas a,1X 75881 U.SA. •1:x1 2 24 5710 5 • R5.12.2111122 Olariatt lONCINrl t 187 UN adwMO Way. Calhoun, 0A 30701 U.SA • T: 705.12151e0 • F: 798,924.9574 -480- wwws a 7fe.COM 5EP- 30- 2008(TUE) 00:01 P.003/005 SPORTS , l9rxorap awERro roe svgaN reasonable time ss'agreed to by the parties. Spartans shall be reimbursed by the customer for reasonable costs incurred by Spartans as the result of such delay. 10) RESTORATION OP ADJOINING GROUNDS; Sporting will not be responsible for the restoration of existing adjoining grounds that may be damaged as a result of this contract, unless specMcally stated In this contract. 11) UNION /PREVAILING WAGE Spotless operates as a non•unfon shop. As such, any essoehded union dues and /or fees or other requirements inducting prevailing wage requirements are the exclusive responsibility of the Purchaser. Work stoppages due to union Interference shall the Purchasers responsibility. 12) WASTE REMOVAL.: Purchaser shall be fully responsible for remove! and disposal of any waste generated by the Installation process. SCOPE OF WORK: The Contract Price includes the following Scope of Work; • Supply, deliver to elle and sestet with Installation of a Dieter Turf 20 Football Field Including Inlaid 5 yard lines. numbers and directional arrows (White Dieter Turf) from goal line to goal line and Flap and bevel seem system for flush seams over the entire field. • Booed an a field measuring 200'x 85' (17,000 sq. R) • Supply and install eight (8) blank cut outs for ad panels. Each tut out to measure 8' x g' • Supply and install two (2) blank endzone name rights cut -outs. Each as out to measure 3' x 30' • Supply and Install one (1) custom midfield logo bearing the League approved AF2 logo • Supply and install one colored block lettered togas In each endzone • Provide two (2) Sportexe Installers an site at the venue for the Installation of Dieter Turf 20 Field • Trim the Football Field to properly tit Inside of the Dasher Boards at the vane • Supply and deliver to alto a custom dasher boerd pad system to cover the Dasher Boards at the venue. • Supply and deliver 2 Catch Nets, 4 rebound nets, 2 downbox chain sets and 2 sate of weighted anohorieas pylons • GOO linear feet of Velcro (used to permanently aMx to the backside of the Dasher aoerds for the custom Dasher Board Pad System) • Purchaser Is responsible for the removal deny existing turf, surface obstructions, glue. eta • The sub flooring system must be furnished and Installed by the Purchaser and In place prior to the Product arriving an alto • The concrete floor/base contour & material la the sole responsibility of the Purchaser • CONTRACT CONDITIONS: WO IEADQtRTBkS: 1I 1NORLI) HEADQUARTERS: MOO MIMMIaNay,Fonlhe,ON LOS MES Goode •T:9OS IMAM •F:S06IWOOS ItaIRISLIKNALDN JJOR T:, *II/t7M.W01 • F: •1J1L744.OT34 USA NMAIX81A101Ip:1 CNshdm Tree, Sts.400, Round Rack TX 79951 USA • T: 612290.7100 • F: 512215,7122 DI91NDUUON COMER 197 Boling Indua$S Way, Calhoun, GA 30701 U.SA • T: 706174.56S° • F: 708.5241114 -481- W14/ POR7 .COM ... - -- -- -SPO rxervaq E. P. 00d/005 Sportexe has not Included any work beyond the project Oren unless specifically provided for elsewhere In this Central Confirmation by the Purchaser of the commencement date Is to be provided In writing 14 days ;odor to such date, If such date fa changed by the Purchaser, Sportive will make an effort to accommodate the change but le not obligated to do ao. Any delays created as a result of the venue not being ready for the contracted date of Product installation will be charged back to the customer. Purchaser may cancel the contract (see next gem) or ap,orova the revised Contract Price. Sportexe is not responsible for delays caused by strikes, lockouts, riots, acts of g0d, force majeure, union delays , abnormal weather, tire, good, acts of terrorism, acts of war, chemical spills or reactions, nuclear contamination, explosions, vandalism, unavailability of materials or any other such delays which are beyond the reasonable control of.Sponexe Should the Purchaser cancel the contract, for any reason, prior to completion, Sportexe Is to be paid for all work performed, concerted Or incurred at time of such cancellation plus a 15% administration charge. Sportexe warrants that.the Product shall be free of defects In workmanship or motorists until one year from the date of installation or 18 months after shipment whtehever Is the Barger. Should any failure lo conform to this wenanty be repotted to Sporexe .within the sald period, installed d or Maintained and in and good provided the Product has been stored, Sportexe recommendations, correct such nonconformity by Iumishing a replacement Product or portion thereof. Any affects of deterioration due to normal wear are specifically excluded from Spotless is warranty. THE FOREGOING WARRANTIES ARE EXCLUGIYE AND IN LIEU OF ALL OTHER WARRANTIES (INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) EXCEPT THAT OF Trill, WHETHER WRITTEN, ORAL, OR IMPLIED, IN FACTOR IN LAW. Correction of non-conformities whether patent or latent in the manner provided above shall constitute tha entire /lability of Sponges with respect to such Product, whether based on contract, tort, stela liability or otherwise, unless otherwise expressly provided in this contract Any additions or changes In the scope of work must be accepted by the parties in writing. Prior to commencement of changes, payment tonne must be arranged or payment must be received by Sportexe. • The Purchaser agrees to grant Sportexe exclusive right to take, publish, print. and reproduce impoes, both photos and video, of the work performed by Sportexe for the purpose of advertising and promotion. WORLD HEkOQUARfER9;lea Merthale thy., FAME, ON L0S IS Canada. t: SO51102e000 • R11061e2.10a0 INTF3eLATWNAL wok T .1,51274a.oaot • R.1at274a.0874 U4A ERs: 1CMaaabm Tr* Sa.400, Round Rork, 1X7865t U.SA.•T:51f14a710D •F:512448.71r21WwwS oa . .COM e1tisrMn0 Industrial Way, Calhoun, Ga30/01 USA •T:70B4f4.Aes0•F:74824.1a74 -482- SEP- 30- 2008(TUE) 08:01 SPORTE#. ...me 4usnrrr6 rsrSUM, P. 005/005 The Purchaser agrees that Spartan Is not responsible for revenue foes due to delays, regardless of the circumstances. In no event shall Spartan be liable In contract, tort, stria liability, warranty or otherwise, for any special, Indirect, incidental or consequential damages, such as, but not limited to, loss of anticipated profits or revenue, loss of use, non - operation or Tweeted expense of operation, damage to environment, or claims of Customers of Purchaser for damages, and the Purchaser shall release and hold harmless Sportexe from any such damages. The liability of Spartexe with respect to this contract, or anything done In connection therewith. or from the manufacture, sale, delivery, resale, Installation or technical direction of Installation, repair, replacement or use of any Product covered or furnished under this Contract whether In contract, tort, stria IlabIUy, warranty or otherwise, shall not, except as otherwise stated. exceed the amount otthe Contract Price paid to Spoleto by the Purchaser. Then are no provisions or understandings concerning this contract, which are not, Included In writing In the contract The remedies of the Purchaser sat forth herein am exclusive. This contract shall be governed by and constnhctad under the laws of the State of Georgia. The parties acknowledge having read this contract and hereby agree with the terms and conditions of this contract. THIS CONTRACT DULY SIGNED AND EXECUTED THIS _DAY OF 2007, I have the authority to bind the company Sportexe Construction Services Inc. I have the sulk/ray to bind I 5• F2 H7 gs MC -bads M.qa C..rte q @/. Print Name Print Nati& J z'j V DATE: DATE: r/ /o 7 y WORLD HMA000Aarilek 1609 Wtrrav6b fhq., FontNlt ONUS 166 Cooede • D. 906.992600 • F: 905.6929900 INTty07ATfONALOM61DN: T: +1.31L7442301 • F: 0512744.0794 U&.A.NEADQUARTFRti CNeholmTrall,Se.4A0, Auld Reek TX 796a1 U.9A.•E 512246.7100 • F: 612.241.9122 OISTPoOUOONCFNTGR1a7adinghdumlkWer , Glynn, GA30701 USA.•T ;7064241696•A 70t124.0674 -483- U lWws 6.COM SPrITE,E. CRINGING QUALITY TO THE SURFACE Constmefion Sondem% Inc. :trAfrtilt.,t,ili.;e4Rtsyj \ 2209 Barker Lane Austin, TX 711758 Aftention: Doug MacGregor Phone: 512-339-3910 Facsimile: 5124914598 E-mail: dmacaregonitaustinwranolem com rer.47-- -T3M47 07423 iza r:77-17 30,1.n47 7100 1809 Merrillville Hwy, Fantail, Ontario, Canada LOS ttention: Ralph Buerger Phone: 1400-8924011 Facsimile: 905-892-8000 E-mail: ralohlittilSoo/W7e com • t=c,4*, Z.1:47.asslivt' • -4, p.ttt„ --Cor t:ithteeistre‘e tr• "grA.A;43 Supply / Deliver Make Installation of New Corpus Christi Sharks AF2 Field se per Contract Applicable Takes lb 8.25 % Tots Order Amount Line 50% Deposit Required Amount Currently Due Janus of Salt Lois r: sow Deposit with Order Line 02: mama Due en Dieverylinsiamtion $140,000.00 11,550.00 $151,650.00 USD 575,775.00 575,775.00 USO ibelTheetesereelMneleDalard irlig•tr-0111111 ; ' • ihst4hte ytelDetr,#!#1:1, SWIM IDS nesSIAID 0/4/ '1 ' " -484- Page 1 of 3 RESOLUTION APPROVING A GRANT AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND THE CITY OF CORPUS CHRISTI FOR THE ACQUISITION OF A TURF SYSTEM FOR THE AMERICAN BANK CENTER ARENA AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT THE GRANT FROM THE CORPORATION IN THE AMOUNT OF $105,000 FOR THAT PURPOSE WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 7, 2000, residents of the City of Corpus Christi ( "City ") passed Proposition 5, Multipurpose Arena, which authorized the adoption of a sales and use tax for the promotion and development of construction of a multipurpose arena and for maintenance and operating costs of the multipurpose arena for the life of the arena at the rate of one - eighth of one percent to be imposed for 25 years; WHEREAS, the 1 /8th cent sales tax authorized by passage of Proposition 5 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2001, to be administered by the Corpus Christi Business and Job Development Corporation Board ( "4A Board "); WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City owns and operates the American Bank Center Arena, which is the multipurpose arena constructed with the proceeds of sales and use tax authorized by Proposition 5; and WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that additional funds be provided to the City for the purchase of a used turf system that will be leased to tenants using the arena; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the grant agreement for the acquisition of a used turf system for the American Bank Center arena between the 4A Board and the City of Corpus Christi, which is attached to this resolution as Exhibit A, is approved. SECTION 2. The City Manager, or designee, is authorized to accept the grant from the 4A Board in the amount of $105,000 for the acquisition of a used turf system for the American Bank Center arena. RESOLUTION — Arena Turf Agreement — 12292008 —485— ATTEST: Page 2 of 3 CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: January 5, 2009 R. J : eining First. ssistan, ity Attorney For the City'Attorney RESOLUTION — Arena Turf Agreement — 12292008 —486— Page 3 of 3 Corpus Christi, Texas of , 2009 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 — Arena Turf Agreement — 12292008 —487— GRANT AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND THE CITY OF CORPUS CHRISTI FOR THE ACQUISITION OF A TURF SYSTEM FOR THE AMERICAN BANK CENTER ARENA This Grant Agreement for ( "Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and the City of Corpus Christi ( "City "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 7, 2000, residents of the City of Corpus Christi ( "City ") passed Proposition 5, Multipurpose Arena, which authorized the adoption of a sales and use tax for the promotion and development of construction of a multipurpose arena and for maintenance and operating costs of the multipurpose arena for the life of the arena at the rate of one - eighth of one percent to be imposed for 25 years; WHEREAS, the 1 /8th cent sales tax authorized by passage of Proposition 5 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2001, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vemon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City owns and operates the American Bank Center Arena, which is the multipurpose arena constructed with the proceeds of sales and use tax authorized by Proposition 5; and WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that additional funds be provided to the City for the purchase of a used turf system that will be leased to tenants using the arena; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and the City agree as follows: 1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. 2. Grant. The Corporation grants the City up to $105,000 to purchase the Dieter Turf Field System from the Corpus AF2 Football, LLC, d /b /a Corpus Christi Sharks. Arena Turf Agreement — 12292008 Page 1 of 6 —488— 3. Warranties. The City warrants and represents to Corporation the following: a. The City has received a copy of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. If an audit determines that the funds were not used for authorized purposes, the City agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. f. The parties executing this Agreement on behalf of the City are duly authorized to execute this Agreement on behalf of City. 4. Compliance with Laws. The City shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 5. Non - Discrimination. The City covenants and agrees that the City will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 6. Assignment. The City may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 7. Indemnity. To the extent authorized by law, the City covenants to fully indemnify, save, and hold harmless the Corporation, its officers, employees, and agents ( "Indemnitees ") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, 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 Corporation's activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. The City must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and Arena Turf Agreement — 12292008 Page 2 of 6 —489— expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 8. Events of Default. The following events constitute a default of this Agreement: a. Failure of the City to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. b. The Corporation determines that any representation or warranty on behalf of the City contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; 9. Notice of Default. Should the Corporation or City determine that the City is in default according to the terms of this Agreement, the Corporation or City shall notify the City in writing of the event of default and provide 60 days from the date of the notice ( "Cure Period ") for the City to cure the event of default. 10. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of the City, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. The City shall immediately repay all funds paid by Corporation under this Agreement. b. The City shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to the City under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 11. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any Arena Turf Agreement — 12292008 Page 3 of 6 -490- other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of the City' default may not be considered an estoppel against the Corporation. d. 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 Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 12. The City specifically agrees that Corporation shall only be liable to the City for the actual amount of the money grants to be conveyed to the City , and shall not be liable to the City for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this agreement, being August 1, 2008, through July 31, 2009. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be Tess than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from the City to be accompanied by all necessary supporting documentation. 13. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: City: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Page 4 of 6 —491— Arena Turf Agreement — 12292008 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. Notice is effective upon deposit in the United States mail in the manner provided above. 14. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 15. Relationship of Parties. In performing this Agreement, both the Corporation and the City will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint- venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 16. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 17. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement 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, then the remainder of this Agreement is not affected by the law, and in lieu of any 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. 18. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. Page 5 of 6 —492— - 12292008 19. Sole Agreement. This Agreement constitutes the sole agreement between Corporation and the City. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. The City of Corpus Christi Corpus Christi Business & Job Development Corporation 'Angel R. Escobar Eloy Salazar City Manager Chairperson Date: Date: Attest Armando Chapa City Secretary Approved as to Legal Form: , 2009. R. Jay Reining First Assistant City Attorney for City Attorney Page 6 of 6 -493- Arena Turf Agreement — 12292008 ORDINANCE APPROVING A $105,000 GRANT FROM THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION TO THE CITY OF CORPUS CHRISTI FOR THE ACQUISITION OF A TURF SYSTEM FOR THE AMERICAN BANK CENTER ARENA; APPROPRIATING AND TRANSFERRING $105,000, FROM THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION'S UNRESERVED FUND BALANCE OF THE NO. 1130 ARENA FACILITY FUND, TO CITY'S NO. 4710 VISITORS FACILITY FUND; CHANGING THE FY 2008 -2009 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 027776 TO INCREASE ESTIMATED EXPENDITURES BY $105,000 IN NO. 1130 ARENA FACILITY FUND AND TO INCREASE BOTH ANTICIPATED REVENUES AND ESTIMATED EXPENDITURES BY $105,000 IN NO. 4710 VISITORS FACILITY FUND; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Corpus Christi Business and Job Development Corporation's grant of $105,000 to the City of Corpus Christi for the acquisition of a turf system for the American Bank Center arena is approved. SECTION 2. That $105,000 from the Corpus Christi Business and Job Development Corporation's unreserved fund balance of the No. 1130 Arena Facility Fund, is appropriated and transferred to the City of Corpus Christi's No. 4710 Visitors Facility Fund, for the acquisition of a turf system for the American Bank Center arena is approved. SECTION 3. That Ordinance No. 027776, which adopted the FY 2008 -2009 Operating Budget, is changed to increase the appropriations of estimated expenditures by $105,000 in the No.1130 Arena Facility Fund and the appropriations of both anticipated revenues and estimated expenditures by $105,000 in the No. 4710 Visitors Facility Fund. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2009. Arena Turf Appropriation Ordinance 12302008R3 —494— ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: This 5th day of January, 2009: R. I�ning t F ' st Assistant City Attorney For City Attorney Arena Turf Appropriation Ordinance 12302008R3 —495— 2 3 Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor 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 Arena Turf Appropriation Ordinance 12302008R3 —496— 25 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 13, 2009 AGENDA ITEM: Motion authorizing the City Manager to enter into a collective bargaining agreement with the Corpus Christi Fire Fighters' Association for wages, benefits and working conditions. ISSUE: The City of Corpus Christi, pursuant to Chapter 174 of the Texas Local Government Code, collectively bargains with the Corpus Christi Fire Fighters' Association for wages, benefits and working conditions of the firefighters of the Corpus Christi Fire Department. A collective bargaining agreement resulting from the negotiations is then ratified by the members of the bargaining unit and approved by Council. REQUIRED COUNCIL ACTION: Approval of the motion directing the City Manager to enter into the contract negotiated by the City of Corpus Christi and the Corpus Christi Fire Fighters' Association. PREVIOUS COUNCIL ACTION: The Council has previously directed the City Manager to enter into collective bargaining agreements between the City and the Fire Fighters' Association for wages, benefits, and working conditions of the firefighters of the Fire Department. CONCLUSIONS AND RECOMMENDATION: The recommendation is to authorize the City Manager to enter into the collective bargaining agreement that was ratified by the bargaining unit of the Corpus Christi Fire Department on December 31, 2008. Richard Hooks Fire Chief —499— BACKGROUND INFORMATION The City and the Fire Fighters' Association have agreed to a contract pursuant to Chapter 174 of the Texas Local Government Code. An election ratifying the contract by the bargaining unit of the Fire Department was held on December 29, 30, and 31, 2008. The bargaining unit voted in favor of ratification. The Agreement includes the following changes: • 4% increase to base salaries effective 8/4/08; • 3% increase to base salaries effective 8/1/09; • 2% increase to base salaries effective 2/1/10; • 3% increase to base salaries effective 8/1/10; • 3% increase to base salaries effective 2/1/11; • Creation of 120 -month step in the salary range for Firefighter I's effective 8/4/08 • Education pay increase to $1.00 per academic semester hour with a maximum of $71.00 per month for an Associate Degree, a maximum of $135.00 per month for a Bachelor's Degree, and an additional $36.00 per month on a Master's Degree; • Increase to Trust Fund Contribution to $150,000.00 effective 8/1/08 with a contribution escalator annually thereafter equal to the base pay percentage increase granted to the Firefighters base pay; • Time off for negotiating team members who are off duty equal to the amount of hours the team members attend negotiating meetings up to a maximum of 10 hours per meeting. Net cost for contract FY 08 -09 $1,241,303.67. Net cost for contract FY 09 -10 $1,413,716.91. Net cost for contract FY 10 -11 $1,908,432.48. Total net cost of $4,563,453.08, not including the compounded cost. —500— AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI FIREFIGHTERS' ASSOCIATION its* 2005 August 1, 2008 MR.OVGII TO Jely-34T2008 July 31, 2011 -501- TABLE OF CONTENTS Preamble 4 Article I - Definitions 4 Article II - Recognition and General Provisions 1. Recognitions 5 2. Amendments 6 3. Prevailing Rights 6 4. Rulings and Records of Civil Service Commission 6 Article III - Nondiscrimination 6 Article IV - Working Conditions 1. Work Week and Duty Hours 7 2. Personnel Assigned to 40 Hour Work Week 7 3. Overtime 8 4. Call -Backs 9 5. Illness.. 9 6. Holidays and Vacation 10 7. Personal Leave 10 8. Uniforms 11 9. Mileage Allowance 12 10. Meals 12 11., Relief 12 12. Use of Sick Leave in the Event of Death Or Serious Illness in the Immediate Family 12 13. Assignment Preference Forms 12 14. Reassignment from Fire Prevention 12 15. Station Assignment by Seniority 13 16. Employees Assigned to Specialized Training 13 Article V - Wages 1. Wages 14 2. Longevity Pay 14 3. Certification Pay 15 4. Assignment Pay 15 5. Working Out -of- Classification 16 6. Education Incentive Pay 16 7. Performance Award 17 8. Salary of Deputy Chief and Assistant Chiefs 17 9. Pay Periods 17 10. Pay and Fiscal Certainty 17 Article VI - Emergency Medical Service 1. Certification Requirement 18 2. Service Requirement 19 3. Assistant EMS Director 19 4. Reassignment of Firefighter II EMT/Firefighter 11 Paramedics 20 5. Voluntary Demotion of Firefighter II EMT/Paramedics 20 6. EMT Certification After Promotion 20 7. Promotion to Firefighter II /Engineer 20 Article VII - Union Activities 1. Payroll Deduction of Dues 20 2. Negotiating Team 21 3. Union Activities 21 4. President's Time Off 22 5. Other Union Functions 22 6. City Facilities 22 7. Access 23 8. Orientation 23 9. Action Outside City Limits 23 10. Notification of Promotion 23 11. Parties to Select Their Own Representatives 23 12. Contract Administration 23 Article VIII - Management Rights 1. Management Functions 23 2. Rules and Regulations 24 3. Noninterference With Personal Lives 24 Article IX - Employee Selection and Promotion 1. Orientation for Firefighter II Drivers and Captains 24 2. Promotional Examinations for Firefighter Its and Captains 25 3. Other Certification Requirements for Promotion to Rank of Captain 25 4. Appointment of Deputy Chief and Assistant Fire Chiefs 25 5. Probationary Period for New Employees 26 6. Corrections to Entrance or Promotional Examination Questions 26 7. Posting and Administration of Promotional Examinations 27 8. Administration of Entrance Examination 27 9. Promotional Procedures for the Rank of Battalion Chief and Assistant Chief 27 10. Promotional Testing while on Military Leave 28 11. Alternative Hiring 28 -502- Article X - Grievance Procedure 1. Section 1 29 2. Grievance Procedure 30 3. Civil Service Appeals 32 4. Appeals from Promotional Bypass 32 5. Duration 32 Article XI - Appeals From Disciplinary Actions 32 Article XII - Health & Welfare 1. Labor- Management Committee 36 2. Identification Cards 36 3. Health Insurance and Life Premiums 36 4. Disability 38 5. Sick Leave and Retirement Pool 39 6. Toxicology Reports 39 7. Mandatory Drug Testing 39 8. Accrual of Vacation Days 40 Article XHI - Legal Procedures I . Legal Defense 41 Article XIV- Association Health and Benefit Trust 1. Trust Creation 42 2. Indemnification 42 Article XV — Reopener Provision 42 Article XVI - Impasse Procedures 42 Article XVII - Duration and Concluding Provisions 1. Duration 43 2. Severability 44 3. Conflict with Civil Service Statute 44 4. Copies of Agreement 44 Concluding Provision 45 Appendices Attachment 1 - Appendix "A" Appendix "B" Appendix "C" Appendix "D" Appendix "E" Fire Department's Alcohol and Drug Policy 46 - Dues Deduction Authorization 53 - Special Assessment Deduction Authorization 54 - Termination of Regular or Special Dues Deduction Authorization 55 - Conceptual Payroll Calculations ....56 - Calculating Drag -Up Sell Back.......57 Appendix "F" -Call Back Procedures Appendix "G "- Grievance Form 3 -503- 59 66 P :EAMfLE The following agreement is made by and between the City of Corpus Christi, Texas, hereafter referred to as "the City ", and the International Association of Firefighters, Local Union 936, hereinafter referred to as "the Union." The City and the Union agree that the establishment of fair and reasonable compensation and other conditions of employment is a primary purpose of this agreement as well as the promotion of harmonious relationships between the City and the Union. This agreement has been negotiated through the collective bargaining process with the objective of serving the aforementioned purpose and with the further object of fostering effective cooperation between the City and its Firefighters. Now, therefore, in consideration of mutual promises and agreements contained herein, the parties agree as follows: ARTICLE 1 DEFINITIONS 1. "Accredited college or university," means a collge or university whose accreditation is approved by the Texas Higher Education Coordinating Board. / "City" means the City of Corpus Christi. 3. "Union" means the International Association of Firefighters, Local Union 936. 3, 4. "Employee" means any swom, certified, full -time paid employee who regularly serves in a professional fire fighting capacity. The Fire Chief and all civilian non - uniformed employees are excluded from receiving wages or benefits as provided under this contract, and therefore are not included within the definition of employee. 4.5. "Members" means any employee who is on the membership list of and pays dues to the Union. 5: 6. "Supervisor" means any officer with the rank of Fire Captain or above. 6: 7. "Civil Service Commission" means the Civil Service Commission of the City of Corpus Christi. 77 8. "Chief of the Department" means the Fire Chief of the City of Corpus Christi. 8: 9. "City Manager" means the City Manager of the City of Corpus Christi. 97 10. "Chapter 143" means Chapter 143 of the Local Government Code, Vernon's Texas Codes Annotated, 1987. Article 5154c -1 shall mean "Chapter 174 Fire and Police Employee Relations" of the Vernon's Texas Codes Annotated, Local Government Code, Chapter 174. 418: 11. "Firefighter Trainee" "Cadet" means an individual employed by the Fire Department who is attending the Fire Academy and who has not graduated. 4 —504— 447 12. "Fire academy" means all training necessary to prepare and certifyfrcfg�ce; cadets for employment as a firefighter, to include State firefighter certification, and initial State EMT, and Paramedic certification. 4 -2713. "Certified EMT" (Emergency Medical Technician) means a firefighter who has a current certification as an Emergency Medical Technician from the appropriate State agency, and who maintains a current authorization to function as a medical care provider by the Corpus Christi Fire Department's Medical Director. 4-3714. "EMT Certification" consists of a current certification as an Emergency Medical Technician from the appropriate State agency, and a current authorization to function as a medical care provider by the Corpus Christi Fire Department's Medical Director. 44:15. "Certified Paramedic" means a firefighter who has a current certification as an Emergency Medical Technician - Paramedic, or a current license as a Licensed Paramedic, from the appropriate State agency and who maintains a current authorization to function as a medical care provider by the Corpus Christi Fire Department's Medical Director. - 15:16. "Paramedic Certification" consists of a current certification as an Emergency Medical Technician- Paramedic, or a current license as a Licensed Paramedic, from the appropriate State agency and a current authorization to function as a medical care provider by the Corpus Christi Fire Department's Medical Director. 4-6717. "Probationary Period" shall be 18 months from the date of hire, unless a firefighter is unable to obtain initial paramedic certification under Texas law within twelve (12) months from the date of hire. If a firefighter fails to obtain said paramedic certification within twelve months of date of hire, the end of the probationary period will be six (6) months from the date the Employee was examined for the written portion of the paramedic examination (currently the National Registry exam) as long as, the Employee passed on that date and it was within eighteen (18) months of initial date of hire. Failure to obtain initial certification based on the paramedic examination taken within eighteen (18) months from the date of hire shall result in termination as per Article IX Section 5. For example — if an Employee hired on September 1, 2005, passed the written exam taken on December 1, 2006, the probationary period shall be extended to June 1, 2007. ARTICLE II RECOGNITION AND GENERAL PROVISIONS Section 1. Recognitions. The City recognizes the Union as the exclusive bargaining agent for a bargaining unit consisting of each swom, certified Firefighter in the Fire Department of the City of Corpus Christi. It is understood that this bargaining unit does not include the Chief of the Department and does not include civilian non - uniformed personnel. 5 —505— It is understood that this bargaining unit does not include n.. °F°" Cadets enrolled in the Fire academy, but that such persons become members of the bargaining unit at the time they graduate from the Fire academy. Section 2. Amendments. The Union and the City may jointly agree to negotiate possible changes in the contract during its term. Such negotiations shall be set at the convenience of both parties. In order for the contract to be amended both parties must agree upon the amendment. Amendments to the contract must be ratified by appropriate parties. Section 3. Prevailing (Rights. All rights, privileges, and working conditions enjoyed by the employees at the present time, which are not specifically mentioned in this agreement, shall remain in full force and effect and shall not be diminished in any manner during the term of this agreement, unless by amendment by mutual consent of the parties. Section 4. Rulings and Records of Civil Service Commission. All rules, opinions, directives, decisions, and orders issued by the Civil Service Commission shall be preserved in written minutes. Such actions need not be copied verbatim in the minutes; it shall be sufficient to accurately summarize such actions. The Chairman or, in his absence, the Vice - Chairman of the Commission shall sign the minutes; the signatures of the concurring members on any action shall not be required. The Commission may, if it desires, cause any rules, decisions, directives, or orders to be reduced to writing, apart from the minutes. All such written records of the Commission shall be public records. The City will notify the Union of any items on the Civil Service Commission's agenda that may affect Firefighters and /or the Fire Service. ARTICLE El NONDISCRIMINATION This agreement applies equally to all Firefighters of the City of Corpus Christi, and the parties agree to apply the provisions of this agreement to all Firefighters without discrimination because of race, color, sex, age, religious creed, national origin or Union affiliation. Specifically, the City will not: (1) Interfere with, restrain, or coerce employees in the exercise of their right to organize and bargain collectively as provided by law, or in the exercise of rights provided by this agreement; or encourage or discourage membership in or support of the Union; or interfere with the administration of the Union; (2) Discharge or otherwise discriminate against any employee in regard to tenure of employment or any term or condition of employment on account of membership in or support of the Union, or on account of any lawful Union activity. Specifically, the Union will not: 6 —506— (1) Interfere with, restrain or coerce employees in the exercise of their right to organize and bargain collectively as provided by law, or in the exercise of rights provided by this agreement; (2) Cause or attempt to cause any employee to discriminate against any other employee because of the employee's membership or non - membership in any employee organization, or in any manner prohibited by this agreement. ARTICLE IV WORKING CONDITIONS Section 1. Work Week and Duty Hours. A. The regular work shift for fire fighting personnel assigned to fire suppression or emergency medical services duties shall be based upon a schedule of twenty four (24) hours on and forty eight (48) hours off for a yearly average of fifty four (54) hours per week. For purposes of overtime calculations under the Fair Labor Standards Act, the City shall utilize a twenty seven (27) day work cycle; sick leave, vacation and "Kelly Days" will not be considered as time worked for said overtime calculations. B. The regular duty hours for each shift shall begin at 8:00 a.m. on the day to be worked and shall end at 8:00 a.m. on the following day. For employees required to work the twenty four (24) hours on and forty eight (48) hours off schedule, twelve (12) scheduled working hours shall be counted as one (1) work day for vacation or sick leave purposes. C. Any work required in holdover from a shift as a result of a late return to the station from a fire call or ambulance call, shall be compensable to the nearest fifteen (15) minutes. The preceding sentence shall not apply where the holdover was a result of the employee having been ordered to be on standby or by his having been dispatched to a fire as a part of the relief for another crew. In any event, where the holdover period exceeds fifteen (15) minutes the employee shall be compensated for the entire holdover period at the overtime rate. D. If an employee is absent from work for a full calendar quarter, as a result of an on -duty injury, the employee will accrue no "Kelly Days" attributable to that calendar quarter. E. The firefighters understand and agree that the City compensates them in full for all their regularly scheduled hours. Firefighters assigned to fire suppression or emergency medical services receive straight time monetary compensation to work two hundred sixteen (216) hours in each twenty seven (27) day work period. Section 2. Personnel Assigned to 40 Hour Work Week. A. The regular work week for Employees at the rank of Battalion Chief and above, not assigned to 54 hour week, shall be a forty hour work week, with the schedule determined by the Fire Chief. B. The regular work week for personnel below the rank of Battalion Chief assigned to the Fire Prevention or Training Division shall be forty (40) hours per week. The regular weekly schedule will be four (4) ten (10) hour shifts per week. If the staffing level in the Fire 7 —507— Prevention Division falls to 50% or less of the required level for that activity, the Fire Chief, at his discretion, may alter the regular weekly schedule of the employees assigned to that activity. In the Training Division, the Fire Chief, at his discretion, may alter the regular weekly schedule at any time. A four (4) ten (10) hour day weekly schedule will begin at 8:00 a.m. and will end at 6:30 p.m. with a thirty (30) minute unpaid meal period. C. Employees below the rank of Battalion Chief assigned to the Fire Prevention or Training Division may elect, once each year and with the approval of the Fire Chief, to work a weekly schedule of five (5) eight (8) hour shifts. This election will continue in effect for a year, subject to alteration by the Fire Chief as provided in paragraph B above. D. Employees who work a weekly schedule of four (4) ten (10) hour shifts will accrue and use, on an annual basis, three (3) ten (10) hour personal leave days, as provided in Article IV, Section 7, and seven (7) ten (10) hour holidays. If the employee does not work a weekly schedule of four (4) ten (10) hour shifts for an entire year, the personal leave and holiday hours accrued for that year shall be prorated accordingly. Section 3. Overtime. All employees shall be paid for authorized overtime work at the rate of 1 -1/2 times the regular rate. "Regular rate" and "regular rate of pay" after the date of execution of this agreement means base pay, longevity, education incentive, assignment and certification pay only. Such rate for positions with scheduled work weeks other than forty (40) hours shall be computed on the basis of 173.33 hours per month for payment of cycle pay and holiday pay. All other overtime will be computed on the basis of one hundred and ninety five (195) hours per month. Overtime will be computed only for actual hours worked over the scheduled work week. Compensatory time off equal to the actual hours of overtime may be taken in lieu of overtime pay upon the mutual agreement of the department head and the employee. Overtime shall be computed to the nearest quarter hour. The conceptual formula for the payment herein for overtime work after the date of execution of this agreement is set forth in Appendix D. Overtime at the rate of 1 -1/2 times the regular rate of pay will be paid for work performed on any City holiday as per Section 6 of Article IV. Any off -duty Firefighters who are called back to duty or subpoenaed to give testimony in court about events arising out of their employment shall be compensated at the rate of 1 -1/2 times the Firefighter's regular rate of pay from the time the Firefighter is ordered to report to duty, and shall be paid for the actual time worked in that shift or for a minimum of three (3) hours for any one (1) call -back incident. Compliance Provision. The parties agree and understand that the agreement of the parties to use 173.33 hours per month for cycle and holiday overtime pay and one hundred and ninety -five (195) hours per month for all other overtime pay does not constitute the straight time or regular rate for regularly scheduled hours of work for purposes of this agreement. 8 —508— It is also agreed and understood that to the extent that the City's current or past payroll practice is inconsistent or conflicts with the provisions of the Texas Local Government Code Section 142.0015 and 142.0016, the provisions of this contract or past contract shall control. It is agreed by the parties that should any overtime liability result under the terms of this contract, state law, or the Fair Labor Standards Act that the City is entitled to use any extra overtime premium paid resulting from using overtime rates based on the 173.33 or one hundred and ninety- five (195) hours per month which exceed the overtime premium due calculated for twenty four (24) hour shift employees on the basis of two hundred and sixteen (216) hours worked in a twenty seven (27) day work period to offset such liability, where allowable by applicable law. It is further agreed and understood that to the extent that the methods of determining straight time and overtime pay listed in this agreement are inconsistent or conflict with the provisions of the Texas Local Government Code Section 142.0015, the provisions of this agreement shall control. Should any court rule or hold that the City is not entitled to the full credit provided herein, the City or the Association may reopen negotiations during the term of this contract to address any issue necessary as a result of such ruling, and the duty of each party to bargain under Texas Local Government Code Chapter 174 shall apply. Section 4. Call- backs. A. The parties have agreed that the provisions of the current agreed Call back procedure, Corpus Christi Fire Department SOP No. 101.09 attached hereto and marked "Appendix F ", shall remain in effect during the term of this agreement, unless amended by mutual agreement of the parties (which agreement by the Union may be approved by its Executive Board). B. A committee shall be appointed to develop a revised call back policy, with three (3) representatives appointed by the Chief and three (3) representatives appointed by the Association. In an emergency, which shall be any unexpected happening or event or unforeseen situation or crisis that calls for immediate action, the Chief may bypass employees from the call -back roster who reside outside the city limits. Said by- passed employees shall retain their standing on the roster for other scheduled call- backs. If the Chief or his designee inadvertently by -passes an employee in an emergency situation, the employee shall retain his/her standing on the roster until he/she is utilized. The Chief shall call the employee, who is by- passed, to work within a forty five (45) day period. Any employee inadvertently by- passed in an emergency situation shall within a forty five (45) day period be assigned overtime duty either of an emergency or non - emergency nature, for a time period of no less than the amount of time he/she would have worked if he/she had not been bypassed. Section 5. Illness. In the event of illness, the employee shall notify the appropriate Battalion Chief on duty immediately when the employee knows he will be absent on account of illness. Any shift employee absent more than two (2) consecutive work shifts, and any forty (40) hour week employee absent more than three (3) consecutive calendar days, shall be required to furnish a certificate of a 9 —509— physician certifying to the illness of the employee. The Chief may at any time, call for a medical certificate if, in his judgment, he deems it appropriate for a just cause. Section 6. Holidays and Vacation. A. Holidays. Each employee shall receive the following holidays during each fiscal year: (1) (2) (3) (4) (5) (6) (7) New Year's Day Memorial Day Fourth of July Labor Day Thanksgiving Day Christmas Day One holiday to be determined by the City. Firefighters shall have the same number of holidays, or days in lieu thereof, that are granted to other municipal employees. The current practice of adding holidays to vacation time shall be retained. B. Vacation. Firefighters with less than fifteen (15) years of service shall be entitled fifteen (15) working days vacation a year which shall accrue on the basis of twenty six (26) biweekly pay periods per year. Firefighters with fifteen (15) years to twenty nine (29) years of continuous service shall accrue eighteen (18) working days vacation a year, which shall accrue on the basis of twenty six (26) pay periods a year. Firefighters with thirty (30) years of continuous service or more shall accrue twenty one (21) working days of vacation a year which will accrue on the basis of twenty six (26) biweekly pay periods a year. For twenty four (24) hour shift firefighters, twelve (12) scheduled working hours shall be counted as one (1) working day for determining the accrual of vacation leave. For those firefighters scheduled to work forty (40) hours a week, regardless of whether worked in shifts of eight (8) hours, ten (10) hours, or such other shifts as may be authorized under this Agreement, eight (8) hours shall be counted as one (1) working day for determining the accrual of vacation leave. Section 7. Personal Leave. Employees on the payroll as of August 1 of each year, except for trainees cadets who have been with the department for less than twelve (12) months, shall receive three (3) personal leave days with pay. Personal leave days shall be non - cumulative and must be taken during the fiscal year received. Use of these days shall be subject to the operating needs of the department and the requests of the employees. 1. The parties have bargained this provision to provide extra time off, without increasing call back overtime cost to the City. 2. Effective August 1, 2005, the City will agree to allow two (2) additional personal leave days (12 hours of leave equal one day) for a total of five (5) personal leave days in each fiscal 10 —510— year, provided that personal leave days must be taken as follows, rather than as currently taken in conjunction with vacation leave: For Suppression Shift Personnel: Three Shifts as follows: 12 PL /12 PL I2PL /12 PL I2PL /12V For 40 Hour Schedule Personnel: 40 hours of Personal Leave 3. Personal leave must be used with personal leave, except as shown. 4. All other policies and practices not inconsistent with this provision shall continue in effect. There shall be no payment for the accrued personal leave days if an employee terminates prior to using all of such days. Section 8. Uniforms. A. The City shall pay 100% of the cost of the original issue of uniforms to provide every uniformed employee with all required original issue items. The employee shall thereafter replace or repair said required clothing items. B. The City retains the right to establish the style and color of the official uniform and its insignia: If the City changes style and color of the uniform, and such changes cause the previous uniform to be obsolete, it shall pay 100% of the original cost. C. Original issue of uniforms, including patches, to each Firefighter shall be as follows: (1) F:.°c�c, Cadet, two (2) Class "A" uniforms; (2) One (1) belt and one (1) buckle; (3) Six (6) Class "B" pants and six (6) T- shirts; (4) One (1) sweatshirt; and (5) One (1) Jacket. D. Shoes shall be at the expense of the individual Firefighters and mad.. available through City E. The clothing allowance shall continue to be $67.50 per month. F. Standards regarding the inspections, maintenance, and replacement of uniforms as well as, uniform specification shall be established by the Fire Chief subject to the provisions of this Contract. G. Each Firefighter's name, rank, and highest current EMS Certification shall be on all Firefighters shirts as per department policy. These shirts may also change in style and color 11 —511— however, the City shall have no obligation for the T -shirt uniform change, beyond furnishing the 3 T- shirts, (Paragraph B., above, notwithstanding). d"°- unwary ' 200 f — cr T shish _h_ll 1._ o`oolctc. Section 9. Mileage Allowance. Employees required to use their private automobiles for authorized Fire Department business or as a necessity in changing stations shall be compensated at the rate specified or to be specified in the compensation ordinance of the City, but not less than 32.5 cents per mile. Section 10. Meals. When it appears imminent that Firefighters will be engaged in firefighting duties at the scene of a fire or relocated to another station or engaged in ambulance duties two (2) hours past their normal mealtime, they shall be provided a meal at the City's expense for approximately $6.00 per meal per firefighter, effective upon signing of this agreement, to be reimbursed within two (2) weeks from date of submission of the form approved by the Chiefs office, which may be by fax or other mode of submission. A request by the senior officer present at the scene or approval by the first senior officer in the chain -of- command, if a senior officer is not present at the scene, is necessary before a meal will be provided. Section 11. Relief. Firefighters actively engaged in fire fighting duties at the scene of a fire for a period exceeding three (3) hours will be relieved from duty and given a rest period of at least thirty (30) minutes after any three (3) hours of fire fighting duties. In the event that any Firefighters are required to engage in fire fighting duties at the scene of the fire for a period of eight (8) hours or more, every reasonable effort will be made to relieve such Firefighters to other duties away from the scene. Section 12. Use of Sick Leave in the )Event of Death or Serious Illness in the Immediate Family In the event of serious illness or death in the immediate family of the employee, the employee shall be granted sick leave or vacation at the request of the employee. The immediate family, for purposes of this contract, shall be defined to include parents, step - parents, legal guardian, spouse, mother -in -law and father -in -law, children, brothers, sisters, grandparents, and grandchildren. In the event of a death not in the immediate family of an employee, the employee may, upon approval of the Fire Chief, be granted time off to attend funeral services, and such time off shall be taken as vacation leave. Section 13. Assignment Preference Forms. Firefighters may submit Station Assignment Preference Forms, provided by the City, which will be considered by the Fire Chief in making such assignments. Factors used in determining such assignments will include, but will not be limited to, the needs of the Fire Department, the location of the preferred fire station, the residence of the individual, and the employee's seniority. 12 —512— Section 14. Reassignment from Fire Prevention. Any employee who has been assigned to Fire Prevention duties for a period of five (5) consecutive years or more shall be allowed to request reassignment to other duties as long as a vacancy is available. The Fire Marshall is excluded from this Provision. Section 15. Station Assignment by Seniority. Whenever a vacancy occurs in the Fire Department due to retirement, termination, promotion, or demotion, said vacancy may be filled by a seniority bid system as follows: A. Only the five (5) persons with the most seniority per rank per shift shall be eligible to bid. For purposes of this section seniority is defined as time in rank. The five (5) most senior persons per rank who qualify to bid under this section may each choose the fire station to which he /she is presently assigned as his/her selection under this section. An assignment bid must be submitted. B. Only personnel regularly assigned to the shift in which the vacancy occurs may bid. Five (5) Firefighter Il's EMS are eligible to bid for station assignment under this provision, provided that no more than two (2) EMS seniority bids shall apply to any one EMS station. C. Assignment by seniority will be made only to non - ambulance stations for the rank of Firefighter I. D. Assignment by seniority bid will not be made if such an assignment would result in staffing of less than one (1) person per shift per station who is qualified and authorized to use the automatic defibrillation equipment. E. Seniority will not apply relative to move -outs. F. A Firefighter may be assigned based on seniority, only once every three (3) years. G. Vacancies will be posted for two (2) weeks. Employees will have seven (7) days after the two (2) week posting period to submit their assignment bid. The Fire Chief will post assignments within seven (7) days after the bid submission deadline. H. In the event that no bids are received from the five (5) senior employees, the assignment will be made at the Fire Chiefs discretion. The top five (5) employees on the seniority list who have chosen not to bid on a vacancy cannot be assigned to that vacancy. Firefighters assigned to relief duty will be those most recently promoted to suppression. I. Section 16. Employees Assigned to Specialized Training. It is understood that Firefighter personnel who are regularly assigned to fire suppression and work the fifty four (54) hour work week, may be placed on a forty (40) hour work schedule for the purpose of attaining specialized training. Specialized training includes but is not limited to HAZ- MAT training, rescue training, EMS certification and recertification classes, promotional orientation, fire prevention and/or arson training, as well as attendance to any Fire academy into which the Fire Department has enrolled the firefighter. If a firefighter is required to take leave time to attend specialized training and said time is for the purpose of transitioning to a forty (40) hour work schedule, such transition leave shall not break the cycle for FLSA purposes. 13 —513— ARTICLE V WAGES Section I. Wages. The basic ranks within the Fire Department, as well as the applicable job classification and applicable monthly pay rates shall be as follows: Ef s:., e..�.. • b 2005 (3 not Title Start Si x-FlieS I2m33o8 l8mos 3-Onies Trainee 2440 2545 Fire fighter I Firefighter I 3118 3257 3587 3406 3625 Firefighter II 3819 Firefighter II 3708 3782 4062 3859 3944 4344 4440 4488 1311 4739 4434 4604 54-79 Battalion-Chief 4809 5028 5537 5257 5195 9 Title Start Six -mos 4-2mes 38mxes 3&nes Trainee 2513 2621 Fire fighter I Firefighter-4 3212 3355 3587 3308 3734 Firefighter II 3819 3895 3975 4062 Fire Captain 4344 4440 4444 1567 4739 Battalion -Chief 1953 54-79 5065 5115 5660 5537 5787 Title Start Sites 12moa 38Fmmes 30mes Trainee 2570 2680 Fire fighter I 3284 3438 3587 381E Firefighter II 3905 3983 4064 1151 Fire Captain 4444 4540 4670 4846 5065 3295 5537 5787 14 -514- 8/4/200 4% 8/1/200 3% 2/1/201 2% 8/1 /201 3% 2/1/2011 3% Title Start 6mos 12mos 18mos 30mos 120mos Trainee Cadet 2673 2787 Firefighter 1 3415 3567 3730 3971 4061 Firefighter 11 4061 4142 4227 4320 Fire Captain 4587 4722 4857 5040 Batt. Chief 5268 5507 5758 6018 Title Start 6mos 12mos 18mos 30mos - 120mos Trainee Cadet 2753 2871 FirefighterI 3517 3674 3842 4090 4183 Firefighter II 4183 4266 4354 4450 Fire Captain 4725 4864 5003 5191 Batt. Chief 5426 5672 5931 6199 Title S Start 6 6mos 1 12mos 1 18mos 3 30mos 1 120mos Title Start 6mos 12mos 18mos 30mos 120mos Trainee Cadet 2892 3016 Firefighter I 3695 3859 4037 4297 4395 Firefighter 11 4395 4482 4574 4675 Fire Captain 4965 5110 5256 5454 Batt. Chief 5701 5959 6231 6513 Title Start 6mos 12mos 18mos 30mos 120mos Trainee Cadet 2979 3106 Firefighter 3806 3975 4158 4426 4527 Firefighter II 4527 4616 4711 4815 Fire Captain 5114 5263 5414 5618 Batt. Chief 5872 6138 6418 6708 In order to qualify for the 120 month step, a Firefighter I must have 120 months of service in the Corpus Christi Fire Department, not 'ncluding time as a cadet, and hold a current advanced Structure Fire Protection Personnel Certification from the Texas Commission on Fire Protection or an EMS certification of EMT -B or higher. 15 —515— Title Start 6mos 12mos 18mos 30mos 120mos Trainee Cadet 2979 3106 Firefighter 3806 3975 4158 4426 4527 Firefighter II 4527 4616 4711 4815 Fire Captain 5114 5263 5414 5618 Batt. Chief 5872 6138 6418 6708 In order to qualify for the 120 month step, a Firefighter I must have 120 months of service in the Corpus Christi Fire Department, not 'ncluding time as a cadet, and hold a current advanced Structure Fire Protection Personnel Certification from the Texas Commission on Fire Protection or an EMS certification of EMT -B or higher. 15 —515— In order to qualify for the 120 month step, a Firefighter I must have 120 months of service in the Corpus Christi Fire Department, not 'ncluding time as a cadet, and hold a current advanced Structure Fire Protection Personnel Certification from the Texas Commission on Fire Protection or an EMS certification of EMT -B or higher. 15 —515— Section 2. Longevity Pay. Longevity pay shall be $6.00 per month for each complete year of service up to a maximum of fifteen (15) years of service. Thereafter, for each additional year of service, longevity pay shall be $4.00 per month for each year up to a maximum of twenty five (25) years of service. Section 3. Certification Pay. In addition to his/her regular monthly pay, a Firefighter who is certified by the appropriate State agency and meets all certification requirements of this agreement, shall receive certification pay in the amount indicated below, according to the level of his certification: Intermediate Fire Certification $20 per month Advanced Fire Certification $25 per month Master's Fire Certification $30 per month Certified EMT $35 per month Certified Paramedic $75 per month Fire Prevention Insp. $35 per month Arson Investigator $75 per month Basic Instructor $35 per month Intermediate Instructor, Advanced Instructor or Master Instructor $75 per month Section 4. Assignment Pay. In addition to his/her regular monthly pay, and certification pay, a Firefighter who is assigned to duty listed below shall receive the amount indicated: Regularly assigned HAZ -MAT -- $50 per month Regularly assigned to Rescue Truck/Station and HAZ -MAT qualified (Effective August 1, 1998) -- $50 per month Certified EMT Assigned to Ambulance -- $50 per month Certified Paramedic Assigned to Ambulance -- $50 per month Effective August 1, 1998, Firefighters currently assigned and who continuously serve for greater than five (5) and less than ten (10) years of service as permanently assigned to EMS shall receive an additional $50.00 assignment pay per month. For greater than ten (10) years of continuous service as permanently assigned to EMS, a Firefighter shall receive an additional $50.00 assignment pay per month for a total of an additional $100 per month as continuous assignment pay. Temporary reassignment pursuant to Article VI Section 6 shall not constitute a break in continuous service. Individuals assigned to a forty (40) hour work week, other than employees assigned on temporary, special or limited duty, will receive the following: 16 —516— 0 -3 years $150.00 per mo. 4 -5 years $200.00 per mo. 6 or more years $225.00 per mo. Section 5. Working Out -of- Classification. Any Firefighter who is assigned the duties of a higher classification for an accrued period of four (4) hours or more during any shift shall be paid acting- out -of- classification pay on a monthly basis as follows: Acting Firefighter II $18.00 per shift Acting Captain $24.00 per shift Acting Battalion Chief $36.00 per shift Acting Assistant Fire Chief $48.00 per shift Section 6. Education Incentive Pay. (1) In order to receive payment under this section, semester hours and degrees must be earned from an accredited college or university. Employees shall be eligible for educational incentive pay at the monthly rate of .70c $1.00 per month for each academic semester hour satisfactorily completed provided that such hours are applicable toward a degree. in Fire . In no event will more than $49770 $71.00 per month be paid without successful completion of the requirements and the receipt of the an Associate in ^pplied Science Degree. in a compensable ar.,a of study. If the employee is attending an upper level college, he may meet this requirement by filing a copy of his certified degree plan with the Director of Human Resources, noting his expressed intent to obtain. a Bachelor's Degree. • . All approved hours above the Associate Degree • - .: will be eligible for educational pay at this rate up to an additional $37.10 $53.00 per month or a combined total of $86:80 $124.00 per month. Successful completion of the requirements and receipt of a Bachelor's Degree ' will qualify the employee for a maximum of $90:30 $135.00 per month. (2) Approved hours above the Bachelor's Degree applicable toward a Master's Degree in -Fire rel, tld will be eligible for educational incentive pay at the same rate up to an additional $14:90 $20.00 per month. Successful completion of the Master's Degree in one of these cubjcct area:, will qualify the employee for an additional $1-139 $16.00 per month for a maximum combined total of an additional $2520 $36.00 per month on a Master's Degree. The addition of other compensable areas of study under this section shall not expand the practice of payment of expenses or provision of textbooks or materials to such other areas of study 17 —517— as presently provided for an Associate Degree in Applied Science for Fire Science at Del Mar College. (3) No probationary employee shall be eligible for educational incentive pay until after he has successfully passed his probationary period. (4) Performance award and acting -out of- classification pay under this Article shall not be considered as a component of salary or compensation for purposes of drag up pay or leave sell back or overtime by virtue of being moved to this Article from other articles in this or previous agreements, and no such change has been negotiated. (5) Education incentive pay under this Article shall not be considered as a component of salary or compensation for purposes of drag up pay or leave sell back by virtue of being moved to this Article from other articles in this or previous agreements, and no such change has been negotiated. Section 7. Performance Award. Every November, each firefighter, excluding those on probationary status, shall receive a performance award in a lump sum payment of $150.00. Section 8. Salary of Deputy Chief and Assistant Chiefs. The position of Deputy Chief and the positions of Assistant Chiefs shall be compensated under the City's Managerial Pay Plan. Section 9. Pay Periods. Effective January 1, 2006, wages and other compensation specifically mentioned in this agreement, excluding overtime, shall be paid on the basis of twenty six (26) pay periods per year, paid every other week, unless specifically mentioned otherwise in the agreement. Section 10. Pay and Fiscal Certainty. A. The City and the Union agree that this agreement should set forth clearly and resolve any issues concerning the proper calculation of pay and other economic benefits. The City and the Union agree that the pay formulas in Attachment D & E of this Agreement reflect the correct standard for future payment. B. The Union agrees that the City's past pay practices are in compliance with the prior contract. C. All retroactive pay due for FY 03 -04 and FY 04 -05 under this Agreement will be paid using prior payroll payment practices. The City and the Union recognize that individual Association members have the right to assert a pay claim or grievance for past pay periods, subject to the City's legal and contractual defenses. However, it is also agreed that all pay claims which accrued and have not been filed by individual Association members prior to ratification of this Agreement shall be barred. This provides a reasonable opportunity for the assertion of any valid claims, D. 18 —518— and will allow the City Council to know the extent of any contingent liabilities when it takes action on this Agreement. E. The use and meaning of the terms "regular rate" and `regular rate of pay" in this Agreement pre -date the application of the FLSA to the employees under this agreement. It is agreed that the method of payment of overtime pay, drag up pay and vacation sell back shall be in accordance with this agreement. The parties agree that any contrary state law or local ordinance, including Texas Local Government Code Section 142.0015 is superseded. F. By the inclusion of FLSA terminology in this agreement, neither party waives exemptions, credits or entitlements which otherwise apply. G. It is further understood and agreed that the City is entitled to use and does use the partial exemption under the Fair Labor Standards Act, 29 U.S.C. 207(k) as per the ruling in Collins, et al v. City of Corpus Christi, Civil Action No. C -00 -066, United States District Court for the Southern District of Texas, Corpus Christi Division. The parties also recognize that any release of FLSA claims must be in accordance with applicable law. ARTICLE VII EMERGENCY ME II IICAL SERVIICE Sections I. Certification Requirement. All Firefighters hired after May, 1985, must be certified Paramedics within eighteen (18) months from date of employment and must maintain Paramedic certification for a minimum of eight (8) full years as a condition of employment. Failure to maintain said certification shall result in termination. Any time period without certification will not count towards the minimum eight (8) full years requirement. Any Firefighter who has not met the minimum eight (8) full years requirement as a certified Paramedic because of loss of certification shall be granted either twelve (12) calendar months from the date she/he lost certification or fro-- December 7, 199n or, if the Firefighter enrolls, attends, and completes the next regionally available educational class that will assist him/her in regaining the Paramedic certification, ten (10) months from the date the class begins, whichever is longer, to regain Paramedic certification. If a Firefighter is unable to obtain Paramedic certification within the time granted, she /he will be terminated in accordance with Section 1 of this Article. Any Firefighter who is not a certified EMT or certified Paramedic shall lose EMT or Paramedic certification pay ninety (90) calendar days after notification of the loss of certification. If authorization to function as a medical care provider is suspended by the Fire Department's Medical Director, the Fire Chief will provide to the Firefighter in writing the necessary steps required to regain certification. If a Firefighter carrying the rank of Firefighter 11 EMS has failed to maintain Paramedic certification, she /he will be temporarily reassigned to Firefighter I duties immediately upon Toss of certification : : - - - - . , see, . The Firefighter shall be granted ninety (90) calendar days from the date she/he lost certification or from Decembcr 7, 1999, whichever whieheweeeetirs-later7 to obtain certification. If at the end of this ninety (90) calendar -day period, 19 —519— the Firefighter has not obtained certification she/he will be demoted to the rank of Firefighter I. Any previous time in rank shall stand and the Firefighter shall be eligible for promotion to the rank of Firefighter II EMS after successfully completing the requirements of a certified Paramedic. If a Firefighter hired before May, 1985, carrying the rank of Firefighter II EMS and who has an EMT certification, has failed to maintain that EMT certification, she/he will be temporarily reassigned to Firefighter I duties immediately upon loss of certification, or from December 7, 1999, ilikkheVef-eeettra-later7 The Firefighter shall be granted ninety (90) calendar days from the date she/he lost certification . • . , - , to obtain certification. If at the end of this ninety (90) calendar -day period, the Firefighter has not obtained certification she/he will be demoted to the rank of Firefighter I. Any previous time in rank shall stand and the Firefighter shall be eligible for promotion to the rank of Firefighter II EMS after successfully completing the requirements of a certified Paramedic. The Fire Department will make available training materials or tutorial assistance up to, but not exceeding an equivalent of forty (40) hours, upon request of the Firefighter who has not met the recertification requirements. Such tutorial or training assistance shall be based upon the recommendations of the EMS training staff and the Fire Department's Medical Director. This tutorial or training assistance may require the Firefighter to be reassigned to a forty (40) hour work week to complete the training. The Department will assume no responsibility for time and expense incurred should the Firefighter desire training other than that offered by the Fire Department. Section 2. Service Requirement. All Firefighters hired after May, 1985, may be required to serve a minimum of five (5) years in the Emergency Medical Service during the eight (8) year period of paramedic certification requirement set out in Section 1 above All Firefighters hired on or after January 1, 2006 must maintain certification at the level of EMT — Basic (or higher, whenever a higher certification is required in other provisions of this Agreement) while employed in the Fire Department. Failure to maintain said certification or to obtain re- certification as provided in Section 1 above, shall result in termination. Section 3. Assistant EMS Director. Effective August 1, 1999, any vacancy occurring in the position of Assistant E.M.S. Director shall be filled from the rank of Captain and shall be a Battalion Chief with all the rights and benefits of a Battalion Chief. This position shall be by appointment of the Fire Chief from Firefighters within the rank of Battalion Chief or Captain who are eligible to take the Battalion Chief Exam and are certified and qualified to serve as paramedics under this Agreement. It is understood that any individual appointed to this position, serves at the discretion of the Fire Chief, but if removed from this assignment, shall be reassigned at the same rank and /or position that he /she held when originally appointed, or achieved during the firefighter's tenure in the position as Assistant EMS Director. The person currently assigned, and for so long as he holds this position, shall retain Civil Service status, maintain and accrue vacation, sick leave, personal leave, and seniority; and receive longevity pay. The Assistant EMS Director shall continue to participate in the City's health and life insurance programs, and receive $150.00 per month in lieu of paramedic certification pay. It is understood that any individual appointed to this position, serves at the discretion of the Fire Chief, 20 —520— but if removed from this assignment, shall be reassigned at the same Civil Service Classification and /or position that he /she held when originally appointed, or achieved during tenure in the position as Assistant EMS Director. With the exception of the Assistant EMS Director, Emergency Medical Service supervisory officers assigned by the Chief shall receive $150 per month paramedic certification pay in lieu of the amount provided for in Article V, Section 3 of this Agreement. Section 4. Reassignment of Firefighter II EMT /Firefighter II Paramedics. Any Firefighter II EMT /Firefighter II Paramedic who is regularly assigned to EMS shall be entitled to receive, but only upon his request, temporary reassignment to Firefighter duties for as much as two (2) pay periods in any six (6) month period; provided however, that during any pay period that such employee is performing such voluntary reassignment he shall be paid only at the maximum Firefighter I rate for Firefighter I duties performed during said period of reassignment. However, it is agreed that such reassigned employee will continue to hold his Firefighter II rank, and will be entitled to all other rights and privileges pertaining thereof. The scheduling of temporary reassignment shall be made at the reasonable discretion of the Fire Chief. Section 5. Voluntary Demotion of Firefighter II EMT/Paramedics. After five (5) years of actual ambulance service duty, which must be continuous, as a Firefighter II EMT /Firefighter II Paramedic hired prior to May 1985, the employee shall be granted upon request a voluntary demotion to Firefighter I, and will not be farther required to maintain EMT certification. Section 6. EMT Certification After Promotion. Firefighters and Firefighter II EMT/Firefighter II Paramedics, hired prior to May 1985, who are promoted to Firefighter II - Drivers will not be required to maintain their EMT certification after promotion. Section 7. Promotion to Firefighter II/Engineer. All Firefighters hired after July 31, 1996 must serve either a minimum of two (2) consecutive years as a Firefighter I1/EMS on the ambulance, or eight (8) consecutive years as a Firefighter I, prior to becoming eligible to take the examination for promotion to Firefighter 11/Engineer. ARTICLE VII UNION ACTIVITIES Section 1. Payroll Deduction of Dues. A. The Union shall supply the City with all necessary papers and information for payroll deduction of dues and assessments. Such dues or assessments will be deducted in the amount specifically authorized by the individual employee and in accordance with the by- laws of the Union. 21 —521— B. The City agrees to deduct dues upon receipt from the Union of a "Dues Deduction Card" voluntarily and individually authorized, signed, and dated by each member of the Union. This authorization shall remain in full force and effect for the term of this agreement or until terminated by either the employee or the Union. Such "Dues Deduction Card" is found in Appendix "A" and is incorporated by reference into this agreement. The City shall begin such deductions on the following pay period after receipt of the "Dues Deduction Card." C. The City agrees to deduct special assessments upon receipt from the Union of a "Special Assessment Deduction Card" which is found in Appendix `B" and is incorporated by reference into this agreement. The City shall deduct such special assessment on the following pay period after receipt of the "Special Assessment Deduction Card." The Union agrees to defray the City's Administrative cost for such special assessment in the amount of $50 per special assessment, to be invoiced by the City. D. At any time a member of the Union desires to withdraw his membership, he may voluntarily and individually do so. Such action will be initiated through a "Termination of Dues Deduction Card" voluntarily and individually signed by the member of the Union and furnished by the City. Such "Termination of Dues Deduction Card" is found in Appendix "C" and is incorporated by reference into this agreement. The City shall terminate deduction of such dues on the following pay period after receipt of the "Termination of Dues Deduction Card." A copy of the Termination of Dues Deduction Card will be forwarded to the Union's Secretary - Treasurer. E. The City will be obligated to remit to the Union only those sums deducted as dues and assessments from the Union member's paycheck and will not be liable for damages to the Union, any individual employee; or other person for failure to deduct any authorized sum for any reason. Section 2. Negotiating Teaun. Four (4) Five (5) members of the Union negotiating team (or a number equal to the size of the City's negotiating team, if larger) shall be allowed time off with pay in order to attend negotiating meetings mutually set by the employer and the Union when such meetings occur during the regularly scheduled working time of the employees. If the a team member is on their regular day off, the employee shall . receive time off in an amount equal to the number of hours the team member attended the negotiating meeting up to a maximum of ten hours time off per negotiating meeting. The number of hours granted under this section is not considered hours worked for purposes of the F.L.S.A. and will not be counted towards any overtime calculation provided for in this contract or in the F.L.S.A. The time off must be scheduled and approved by the Fire Chief or designee at least one shift before it is used. All negotiations shall be conducted exclusively between the designated bargaining representatives of the City and the Union. Neither party shall make any effort to bypass such representatives of the other party during collective bargaining for a new contract unless an impasse exists as defined in Section 174.152 of the Texas Local Government Code, V.T.C.A. 22 —522— Every effort will be made to begin negotiations sixty (60) days prior to the end of the contract term specified in Article XVI, Section 1 of this Agreement. Negotiations will be considered at impasse if said negotiations extend beyond that term unless extended by Agreement. Section 3. Union Activities. The Union may schedule small committee meetings pertinent to Union business on Fire Department property insofar as such meetings are not disruptive of the duties of the employees, or the efficient operation of the Fire Department, provided however, that permission for such meeting shall be obtained in advance from the Fire Chief or his designated representative. Union members or employees may conduct voluntary fund raising activities during working time, at their work location so long as the conduct of such business does not interfere with their duties as employees and advance permission of the Fire Chief for such volunteer work has been sought by the sponsoring organization, and granted, and the Chief has given permission to the Union for such activity. Section 4. President's Time Off. In December of each year, the Association President may choose to be relieved of duty for the following year to perform Association duties. Written notice of the Association President's intent must be sent to the Fire Chief by the 20th of December. On August 1 of each year, if the Association President has chosen to be relieved of duty, each member of the bargaining unit shall contribute four (4) hours of personal leave to offset the Association President's base pay. The City shall continue to pay all benefits the Association President is entitled to receive. The period during which the Association President is relieved of duty shall not constitute a break in service. In the event of an emergency, the Chief may order the Association President to report for duty as assigned by the Chief. Section 5. Other Union Functions. No Firefighter shall be refused reasonable leave of absence without pay, provided that a sufficient number of employees to carry out the normal functions of the department shall be provided, for the purpose of attending any fire school, conventions, or meetings the purpose of which is to secure a more efficient department and better working conditions for the personnel thereof. The President of the Union and three (3) elected delegates shall each be allowed three (3) shifts off with pay each year of the contract term to attend the Union's state convention and a like number of shifts off with pay to attend the national convention. In addition, the President of the Union or his designee if the President is not available, will be allowed to attend, with pay, eight (8) regularly scheduled Union meetings per calendar year, not to exceed four (4) hours per meeting. In addition, two (2) pension trustees will be allowed two (2) shifts each with pay per calendar year to attend the state pension seminar approved by the Fire Chief. Travel expenses, food, lodging, etc. shall not be borne by the City. Any delegate leave days provided for in this paragraph and not used for attendance at the Union's national and state conventions, may, upon the Union's request, be used for attendance at seminars or training sessions during each year of the contract tern. 23 —523— In addition to the delegate leave days granted by the preceding paragraph, if any Firefighter is elected to a position on the Union's state or national executive board, that Firefighter shall be allowed three (3) shifts off with pay to attend the state and national conventions. Section 6. City Facilities. The City facilities which are available to private organizations on a rental basis shall be made available to the Union under the same conditions that they are made available to other nonprofit organizations. Section 7. Access. Subject to prior notification to and approval from the Fire Chief or next highest ranking officer, the Union President or his appointee shall have the right to visit the premises of the Fire Department for purposes of administering this agreement. Visits shall be conducted in a manner and at a time as not to interfere with the functions of the department. Such approval of the Chief shall not unreasonably be withheld. Section 8. Orientation. Neither the City nor the Union will attempt to use Fire Department academy training to solicit or discourage Union membership. During any portion of the Fire Department academy training devoted to explanation of Firefighters' rights and duties under this contract, a representative designated by the President of the Union shall assist the City's representative in explaining the contract. Section 9. Action Outside City Limits. A Firefighter who is ordered outside the City limits on any mission of the Fire Department shall be deemed to be in the line and in the course of his duty as a paid Firefighter and public safety officer for all purposes. Section 10. Notification of Promotion. Any employee promoted to a higher classification shall be notified in writing within twenty (20) days from the date of promotion. Section 11. Parties to Select Their Own Representatives. Both the City and the Union shall be entitled to select persons to represent them as members of the negotiating team, and to represent them on grievance and arbitration matters and in other proceedings; provided, however, that the City shall not select any employee of the Fire Department holding a rank below Assistant Chief, and the Union shall not select any employee of the Fire Department holding a rank above Battalion Chief. Section 12. Contract Administration. On duty training and/or orientation for all employees within the bargaining unit shall be conducted to inform such employees of their rights and obligations under this agreement. 24 —524— ARTICLE VIII MANAGEMENT RIGHTS Section 1. Management Functions. The Union recognizes that the City has statutory and Charter rights and obligations in matters relating to municipal operations. The City and the Chief shall retain all rights and authority to which by law they are entitled. It is understood by the parties that every duty connected with operations enumerated in job descriptions is not always specifically described, and the job descriptions are simply general guideline descriptions and are not specific descriptions of all duties which employees are required to perform. Except as provided in this agreement, the City retains the right to operate and manage its affairs in all respects. It is understood that the City has the right to establish departmental rules of procedure; to discipline or discharge for cause; to determine work schedules and assignments, and to establish methods and processes by which work is to be performed, all subject to applicable statutes, the City Charter, Standard Instructions, rules and regulations and standing orders, and this contract. The City reserves the right to use civilians in the Fire Department to perform duties which do not require a certified Firefighter. The scope of such duties may include EMS administration, communications, informational systems, records, clerical support, and maintenance. Civilians performing such duties are not subject to the terms of this agreement. The City will be allowed a reasonable time to train civilians to assume these duties. Section 2. Rules and Regulations. The City recognizes the responsibility of management to reduce Standard Instructions, rules and regulations and standing orders to writing and to maintain the same at each station in order to achieve a uniform interpretation and application of such directives and regulations, within the contract year. Section 3. Noninterference With Personal Lives. A. The City will not publish, make or enforce any regulations or directives which will interfere with the personal lives or off -duty activities of employees, except to the extent that such regulations are related to their employment. This section will not supersede the rules and regulations of the Civil Service Commission. Firefighters may reside outside the city limits. Firefighters shall, however, reside in such a location as to be able to reach City Hall within sixty (60) minutes by traveling in an automobile at posted speeds in ordinary weekday traffic. B. ARTICLE IX EMPLOYEE SELECTION AND PROMOTION Section 1. Orientation for Firefighter II Drivers and Captains. 25 —525— All new Firefighter II Drivers and Captains who are promoted to these ranks shall be given a thorough orientation consisting of the responsibilities accompanying such ranking. This orientation shall include, but not be limited to: hydraulics, driving laws, safety procedures, responsibilities of the job, leadership in the fire service, and report writing (including all forms used within the Fire Department). The orientation shall be conducted by members of the Training staff and shall not be part of the promotional procedure nor shall be construed to be part of the final promotional grade. The orientation shall be conducted prior to the assignment of the newly promoted employees to their new positions. Attendance at such orientation shall not break a cycle for FLSA overtime pay purposes. Section 2. Promotional Examinations for Firefighter Its and Captains. A. Examinations for Firefighter Il and Captains shall be conducted entirely as provided by Chapter 143 and the grading methods and establishment of the eligibility roster shall also be conducted entirely as provided by Chapter 143, except as provided in Article IX of this contract. Separate exams for Firefighter II Assigned Truck Driver and Firefighter II- Assigned Emergency Medical Service shall be administered. B. All Firefighters hired after July 31, 1996, will be required to serve a minimum of two (2) consecutive years as a Firefighter 11/EMS on the ambulance or eight (8) consecutive years as a Firefighter I, prior to becoming eligible to take the examination for promotion to Firefighter II/Engineer. C. All Firefighters must serve either a minimum of two (2) consecutive years as a FFII/EMS or FFII/Eng prior to becoming eligible to take the examination for promotion to Captain. D. Only those Firefighters with paramedic certification will be eligible to take the Firefighter Il- Assigned Emergency Medical Service exam and be promoted accordingly. The Firefighter 1I- Assigned Emergency Medical Service roster shall be used for Emergency Medical Services only. Section 3. Other Certification Requirements for Promotion To Rank of Captain. All Firefighters hired prior to May 2000, who have ever served as a Firefighter II for more than two (2) consecutive years and who have not terminated their employment with the department at any time, will be eligible to take the Captains exam without paramedic certification requirements. This requirement does not relieve the firefighter of any other EMS certification requirement described in this agreement. All Firefighters hired after May 2000, who have ever served as a Firefighter II for more than two (2) consecutive years, and who have not terminated their employment with the department at any time, must be certified paramedics to be eligible to take the Captains exam. Once promoted to the classification of Captain, said employees must maintain the paramedic certification for one (1) additional required recertification, or four (4) years, which ever is longer. Failure to maintain said certification shall be grounds for disciplinary action up to and including demotion or indefinite suspension. 26 —526— Section 4. Appointment of the Deputy Chief and Assistant Fire Chiefs. A. Promotion to the classification of Deputy Chief shall be exempt from competitive examination, and, instead, shall be made by appointment by the Chief, at the Chief's discretion. Promotion to the classification of Deputy Chief shall be made from the classifications of Assistant Fire Chief or Battalion Chief. The change in this section of the title of First Assistant Chief to Deputy Chief is only a change in the title of the classification and it is agreed that no vacancy, new, or additional positions is created in the Fire Department nor is such intended. B. Beginning August 1, 1990, the first two (2) position vacancies in the Assistant Chief rank shall be designated as exempt from competitive examination and, instead, shall be made by appointment by the Chief, at the Chiefs discretion. These positions shall be called Assistant Chief A and Assistant Chief B and shall henceforth be filled by appointment of the Chief. Promotion into these positions shall be made from the classification of Battalion Chief. The remaining Assistant Chief positions shall be filled by competitive examination as described in Article IX, Section 9 of this contract. It is understood and agreed that the inclusion of this provision in the agreement is not a waiver by the City, the Chief or the Association of any interpretation of the prior agreement. Further, the parties understand and agree that the continued inclusion of this section of the contract does not prevent either party from asserting a claim alleging a violation of this section nor does the inclusion prevent a defense to such claim. Section 5. Probationary Period for New Employees. A new employee in the Fire Department shall serve a probationary period of eighteen (18) months which shall begin with the date of first employment unless extended to obtain initial Paramedic Certification as per Article I #16. During the probationary period, such employee may be discharged at the discretion of the Chief, without appeal to arbitration, to the Commission, or to any court. All Firefighter Trainees Cadets shall become immediately eligible for participation in the Corpus Christi Local Firefighters' Pension System as of the original date of employment. When the employees have completed the probationary period, they shall automatically become a full- fledged Civil Service employee and shall have full Civil Service protection as specified by Chapter 143 and this contract. In addition to insurance, sick leave, vacation, and holidays, it is understood that upon graduation from the Academy or being turned to duty and becoming a Firefighter I, Firefighters shall receive the following: (a) 100% of the uniform allowance, (b) longevity pay, (c) Firefighter Basic certification pay, and EMT Certification pay, if certified, (d) Paramedic Certification pay upon approval of the Corpus Christi Fire Department Medical Director and (e) supplemental insurance. After completion of the probationary period Firefighters will receive 100% of all benefits specified in this contract to which they are entitled. For promotional purposes, the effective date of the promotion indicated on the official City document (Form 12) will be used to determine the classification of Firefighter to meet eligibility requirements. 27 —527— Section 6. Corrections to Entrance or Promotional Examination Ouestions. The Civil Service Director shall have authority within five (5) days of the date of the examination to recommend to the Civil Service Commission changes to entrance or promotional examination questions where clerical errors in compiling the test questions have been discovered, or where a question arises as to general accuracy. This does not restrict the Firefighter from appealing questions to the Civil Service Commission. Section 7. Posting and Administration of Promotional Examinations. A listing of materials from which promotional examination questions are taken shall be posted annually each January for examinations administered within the one year period beginning the following April. Such materials shall be available at least thirty (30) days prior to the examination date. Section 8. Administration of Entrance Examination. Entrance examinations may be administered at any time to qualified groups or individual applicants consistent with public posting requirements of Chapter 143. All applicants passing the written examination, oral examination, psychological examination, medical examination, strength and endurance examination, and any other exams deemed necessary by the Chief shall be ranked upon the eligibility list for Firefg1ee Cadet based upon composite scores posted simultaneously. Such eligibility list shall be valid for a period of twelve (12) continuous calendar months from the date of original posting. Applicants who fail will be required to wait one (I) year before taking the test again. Section 9. Promotional Procedures for the Rank of Battalion Chief and Assistant Chief. Captains shall have two (2) continuous years in rank before becoming eligible to compete for a Battalion Chief vacancy. The classifications of Battalion Chief and Assistant Chief not appointed at the discretion of the Chief shall be filled by a promotional examination procedure consisting of two (2) parts as follows: A. Written Examination. (1) The written examination shall consist of questions relating to the specific duties of the position to be filled. The written examination shall have no specific failing score but will provide a ranking of participants from high to low score. In the event that written examination scores are the same, the earliest time for submitting the examination form to the test administrator for grading shall determine respective standings. Only the highest ten (10) participants shall be allowed to continue on to the next phase of the examination process (Assessment Center examination). (2) The posting of the results of the written examination shall contain only the names of the top ten (10) scoring applicants, in alphabetical order. Individual scores will be given to the employees but will not be posted. B. Assessment Center. (1) The Assessment Center shall consist of: six (6) persons from outside the Fire Department holding administrative level positions in a Fire Department operating in a city of 100,000 or more population shall be selected to serve as assessors. 28 —528— At least two (2) of the Fire Administrators must be from outside the state of Texas. All Assessors shall be chosen by the Director of Human Resources. Both the Chief and the Association President or his/her representative must approve the selections and must keep the list confidential. The Association member appointed to approve the list must not be a candidate for the promotional exam for which the list of assessors has been developed. If any individual on the list is not approved, a reason for the failure to approve and an alternate name must be submitted to the Director of Human Resources within five (5) days. No more than two (2) names can be struck from the list by either the Chief or the Association. (2) The Assessment Center Examination date will be posted on the same day the written test announcement is posted. A brief explanation of the center exercises shall be posted at least three (3) days prior to the written test. Assessors shall be trained for a minimum of eight (8) hours in the methods to be used in administering the test. All candidates will be given the opportunity to attend a classroom orientation concerning the assessment center process. The orientation will include general information concerning the exercises they will be taking during the assessment process. The assessment center process shall include at least three (3) exercises. (3) Feedback shall be provided to each candidate in a "feedback" session by the assessment center coordinators. The purpose of this session will be to provide each candidate with his score, what areas he excelled in, what areas he did poorly in, and what he might do to improve his performance in the future. (4) The results of the Assessment Center examination shall be binding for one (1) year and, with the exception of fraud, shall not be appealable to the Civil Service Commission or to arbitration. C. Eligibility Lists. (1) Within forty eight (48) hours, excluding weekends and holidays, of the conclusion of the entire assessment center process an eligibility list shall be prepared and posted. Each eligibility list shall reflect the ranking of all applicants based on the following weights: (a) Written examination scores 40% (b) Assessment Center Board examination score 60% 100% Plus one point for each year of service in the department up to a maximum of ten points 10 points 110 points (2) Such eligibility list shall be valid for a period of twelve (12) continuous months from the date of final posting or until the list is exhausted. Section 10. Promotional testing while on Military Leave The Civil Service Commission may adopt procedures for testing personnel on military leave, which may dispense with the assessment center for all participants, with input from the HR Department and the Association. 29 —529— Section 11. Alternative Hiring. The provisions of this section are discretionary on the part of the Chief and may not be used to compel the City to hire any individual or to make an appointment where no vacancy exists. Despite any provisions of state law including Chapter 143 to the contrary, the provisions of this section shall prevail. A. Alternative Hiring Program. The Chief, without regard to the existence of or requirement for any eligibility list for beginning positions in the Department, may appoint applicants to beginning positions in accordance with this alternative hiring process. Each applicant must have: (1) a current Firefighter Basic certification; and (2) a Paramedic Certification. Each applicant must successfully complete entry requirements, including a medical examination, a physical fitness examination, a written examination, a background investigation, a panel interview (panel to be appointed by the Chief) Drug test, and any other current eligibility requirements deemed appropriate by the Chief. Applicants who are appointed must successfully complete an academy specifically designed for applicants hired in accordance with this alternative hiring process. The Chief, in his sole discretion may deny the application of any applicant at any time. Such decisions shall not be subject to the Grievance procedure in this Agreement. The beginning salary of employees appointed under this alternative hiring process shall be equal to the Starting Firefighter I salary. These employees shall be treated as new employees for all purposes including seniority, benefits and probation. B. This provision shall be for the term of this agreement and not be subject to extension under Article XVII, except to the extent necessary to complete a hiring process which has been initiated during this contract, and which process has proceeded through administration of the written examination. ARTICLE X GRIEVANCE PROCEDURE Section 1. The purpose of this grievance procedure is to establish an effective method for the fair, expeditious and orderly adjustment of grievances, and is exclusively for contract grievances. A grievance is defined as any dispute, claim, or complaint involving the interpretations, application or alleged violation of any provisions of this Agreement. The Union or any bargaining unit member may file a grievance under the terms of this Agreement. Each grievance shall be submitted on a form attached hereto as Appendix "G" agreed to by the parties and must include: (1) a brief statement of the grievance and the facts or events on which it is based; (2) the sections(s) of the contract alleged to have been violated; and (3) the remedy or adjustment sought, and the bargaining unit members 30 —530— signature or if filed by the Union, the signature of the Grievance Committee Chairman or Local Association President. Section 2. Grievance Procedure: Step 1 An employee who is aggrieved should informally seek to resolve a grievance with his/her supervisor, in order for the City to have notice and an opportunity to correct any unintentional acts or conduct not consistent with this Agreement, Step 2 An employee who is aggrieved must file a grievance with the Union Grievance Committee within ten (10) calendar days of the date that the Firefighter knew or should have known of the facts or events giving rise to the grievance. A copy of the notice of receipt of the grievance shall be forwarded to the Fire Chief or his designee by the Union Grievance Committee within three (3) calendar days of receipt of the grievance. The Union Grievance Committee shall within fifteen (15) calendar days of receipt of the grievance, determine if a Valid grievance exists. If the Union Grievance Committee determines that no valid grievance exists, it shall notify the Fire chief or his designee that no further proceedings will be necessary. If the Union Grievance Committee determines that the grievance is valid, it shall process the grievance on behalf of the Firefighter(s) by forwarding the written grievance to Step 3 of this procedure. Step 3 Any grievance found to be valid by the Union Grievance Committee shall be submitted to the Fire Chief within ten (10) calendar days of the Step 2 ailing. After receipt of the grievance, the Fire Chief shall, within fifteen (15) calendar days of receipt of the grievance submit his response in writing to the Union Grievance Committee. Step 4 If the grievance is not resolved at Step 3, the Union shall have ten (10) calendar days following its receipt of the decision of the Fire Chief, to submit the grievance to the City Manager. The City Manager shall within twenty five (25) calendar days of receipt of the grievance submit his response in writing to the Union Grievance Committee. Step 5 If the grievance is not resolved at Step 4, the Union shall have ten (10) calendar days from receipt of the City Manager's decision to submit the matter to arbitration. The arbitration procedure will be implemented by the Union notifying the City Manager in writing of their intent to submit the grievance to arbitration. Step 6 If a grievance is submitted to arbitration, the City and the Union may, within five (5) calendar days of such request, mutually agree to a neutral arbitrator. If the parties are unable to agree on such an appointment, the City or the Union shall, within five (5) calendar days, request a list of seven (7) arbitrators from the American Arbitration Association or the Federal Mediation and Conciliation Service. Within ten (10) calendar days following receipt of the list of arbitrators, the parties shall select an arbitrator by each party in tum striking one (1) name from the list until only one (1) name 31 —531— remains. The remaining individual on the list shall serve as the arbitrator. The arbitrator so selected shall, through the agency selected, be promptly notified of his selection and the parties in agreement with the arbitrator shall select a time, place and date for the hearing of the grievance. (a) Within thirty (30) calendar days after conclusion of the hearing, the arbitrator shall issue a written opinion and ruling with respect to the issues presented, a copy of which shall be mailed or delivered to the Union and the City. (b) With respect to the application, interpretation and enforcement of the provisions of this Agreement the decision of the arbitrator shall be final and binding on the parties to this Agreement. It shall be the Association's burden of proof to establish the facts and merits of the Grievance. (c) The arbitrator's authority shall be limited to the interpretation and application of the terms of this Agreement and/or any supplement thereto. The hearing on the arbitration shall be informal and the strict rules of evidence or pleadings shall not apply. The arbitrator shall have no jurisdiction or authority to establish provisions of a new agreement. The arbitrator shall not have the power to add to, subtract from, or modify the applicable provisions of this agreement in arriving at a decision on the issue or issues presented but shall confine his decision to the interpretation, application or enforcement of this agreement as applicable to the facts and circumstances presented. The arbitrator shall confine himself to the issues submitted for arbitration, and shall have no authority to determine any issue not submitted to him. (d) If a transcript of the proceedings is requested, then the party so requesting shall pay for such transcript, unless otherwise agreed to by the parties. The losing party shall pay all the fees and expenses of the arbitrator. The arbitrator shall designate the losing party for purposes of this paragraph, and may find that both parties lost in part and apportion fees and expenses accordingly. (e) Each party shall be responsible for the cost of the attendance of its witnesses at a contract grievance hearing. Nothing in this agreement shall prevent the Association from charging non - members a reasonable fee and expenses for representation, in accordance with its by -law and other applicable law. (f) For the purpose of this Article only, if the final date of any response and/or filing period falls upon a City holiday (observed date), Saturday or Sunday, then the due date will fall on the next business day. All time limits set forth in this Article may be extended by mutual consent, but if not so extended they must be strictly observed. Failure of the Union or the grievant to comply with the time limits set forth will serve to declare the grievance settled and no further action may be taken. Failure of the City to respond within the time limits shall constitute a denial of the grievance and the grievant (Union) may proceed to the next step. It is specifically and expressly understood that filing a grievance under this Article that has as its last step final and binding arbitration, constitutes an election of remedies and any appeal of an arbitrator's decision in this procedure shall be strictly and solely limited to the grounds that the arbitrator exceeded his or her authority and jurisdiction as provided under this Agreement, that the 32 —532— decision of the arbitrator was procured by fraud or collusion or that the arbitrators decision is based upon a clear and manifest error of law. Section 3. Civil Service Appeals. All appeals of Firefighters' disciplinary matters, promotional passovers, recommended demotions or other issues, heretofore heard by the Civil Service Commission or Hearing Examiner as provided in the Texas Local Government Code, Chapter 143, shall continue to be so heard and with all rights of appeals as provided in the Texas Local Government Code, Chapter 143, et seq., Vernon's Texas Codes Annotated, as amended, as modified by Article XI of this Agreement, and are not subject to the contract grievance procedure. Section 4. Appeals From Promotional Bypass. An employee who is bypassed for promotion pursuant to Chapter 143, Section 143.036, may appeal such decision to arbitration within ten (10) days of receiving written notice thereof. The notice of bypass shall state the Chief's reasons for such bypass. The employee's appeal shall be in writing and shall be filed with the Director of Human Resources. Said appeal shall be decided by one (1) arbitrator chosen in accordance with this policy. The City and the employee shall share equally the arbitration fees and expenses, except where the Union represents the employee it shall pay his share. With respect to promotional bypass, the employee shall have such right to appeal the arbitrator's decision to district court as he is given in Chapter 143 to appeal the Commission's decision, and no greater right. Section 5. Duration. This Article shall be in effect for the term of this agreement and shall not be subject to extension under Article XVII, except to the extent necessary to complete a Grievance which has been initiated during this contract, and which process has proceeded through a request for Arbitration. If this provision expires before a new contract has been reached, the Grievance Procedure in Article 10 of the prior agreement, dated 2003 -2005, shall be reinstated. ARTICLE XI APPEALS FROM DISCIPLINARY ACTIONS A. Notwithstanding the provisions of Chapter 143 of the Local Government Code or any other provisions of this contract, the Chief shall have the authority to suspend an employee for a period of time not more than thirty (30) calendar days with said suspension subject to appeal. Appeals by an employee from a demotion, temporary suspension, or indefinite suspension under Chapter 143 shall be determined by the arbitration procedure provided herein, rather than by the Civil Service Commission. Notwithstanding Texas Local Government Code Section 143.036(a), the issuance of an indefinite suspension statement under Texas Local Government Code Section 143.052(b) shall not constitute a vacancy and no vacancy will result therefrom until all appeals are final or 30 days from the date of issuance if there is no appeal. Investigations of complaints against employees shall be conducted following current policies and practices. The parties agree that the provisions of this Article satisfy Texas Government Code §614.021(b) and that the provision herein control and prevail over Subchapter B of Texas Government Code Chapter 614 pursuant to Texas Local Government Code 174.006. 33 —533— B. Disciplinary action may be taken against a Firefighter within six (6) months of the discovery by the Chief of conduct by the Firefighter which would constitute a felony and not thereafter. Provided that such limitation shall not prevent disciplinary action against a Firefighter based upon his conviction for any such crime notwithstanding that discovery of the conduct on which the conviction is based occurred more than six (6) months before the disciplinary action. Provided further that no disciplinary action may be taken for conduct on which the criminal statute of limitations has run, regardless of the date of discovery. C. Prior to any such disciplinary action, the employee shall be given written notice of contemplated disciplinary action, stating the action or actions contemplated and the reasons therefore, and notifying the employee that he may rebut the charges to the Chief, either orally or in writing, within a reasonable time, which time shall be stated in the notice. D. After the notice and opportunity for rebuttal provided in the preceding paragraph, the Chief may demote, suspend or terminate an employee by personal service on the employee of a written statement of charges. If the Chief should be unable to secure personal service after due diligence, service may be made by mailing it to the employee by certified mail, retum receipt requested, in the mail addressed to the employee's last known address, along with delivery of the statement to the Association. Proof of such service shall be sufficient to support any disciplinary action. E. A copy of such statement, along with a copy of the notice of contemplated disciplinary action, shall be promptly filed with the Director of Human Resources of the City. F. The written statement shall point out the particular rule or rules alleged to have been violated by the employee and the specific act or acts alleged to be in violation. Said statement shall inform the employee that he has ten (10) days after receipt thereof to file a written appeal with the Director of Human Resources. If altemate service is had as provided herein, the employee shall then have ten (10) days from service upon the Association. G. Appeal from suspension, termination or demotion shall be decided by one (1) arbitrator, selected according to this contract. H. Upon receiving an appeal from an employee, the Director shall act immediately to notify the Association and the Chief of the appeal to arbitration. The employee and the City (the parties) shall attempt to mutually agree on an arbitrator. If the parties fail to agree on an arbitrator within ten (10) days after the appeal is filed, the Director shall immediately request a list of seven (7) qualified neutrals from the American Arbitration Association. The parties may mutually agree on one (1) of the seven (7) neutrals. If they do not so agree, the parties shall alternately strike the names on the list within five (5) working days after receipt of the list, and the remaining name shall be the arbitrator. All parties shall act to complete the selection process at the earliest possible date. The arbitrator shall be immediately notified of his selection. The hearing shall be commenced within such reasonable time as the arbitrator selected can be scheduled. If the arbitrator selected cannot commence the hearing within sixty (60) days from his selection, either party may within two (2) days of so learning, call for selection of a new arbitrator, and if the parties cannot agree upon a substitute within one (1) day of so learning, another arbitrator shall be selected from a new list of seven (7) names immediately requested from the American Arbitration Association, according to the procedure set out 34 —534— herein. The hearing shall be scheduled so that it can be completed without break, in consecutive calendar days (excluding weekends and holidays). The arbitrator shall make an award within thirty (30) days of the close of evidence in conventional arbitration hearings. Post hearing briefs shall only be permitted in conventional arbitration hearings, and must be mailed to the arbitrator within seven (7) days of the close of evidence at the hearing. J. A stenographic transcription of the proceedings shall be made only upon written agreement of the parties prior to the commencement of the hearing. Should there be no agreement, the party desiring the transcript may have the transcript made at its sole expense. K. The award of the arbitrator shall state which particular factual charges he finds to be true, if any, and the particular rules he finds such conduct to have violated, if any. Where the charges are upheld, the award shall state whether the discipline imposed is upheld, or whether some lesser discipline is substituted. An employee shall be entitled to recover backpay for any part of a suspension not upheld by the arbitrator. L. The following rules shall govern the conduct of hearings under this section, and of certain preliminary matters: (1) Upon request of either party addressed to the opposing party at Least two (2) days prior to the date of hearing, the parties shall exchange the names of witnesses expected to be called at the hearing. Upon failure of a party to disclose such witnesses, the arbitrator may exclude their testimony. (2) The arbitrator shall have the power to subpoena witnesses, records, and other evidence. Prior to the hearing, the Director of Human Resources shall issue subpoenas requested by the parties in the name of their arbitrator. A party may apply to the arbitrator to quash a subpoena so issued. (3) In all hearings under this section, the burden of proof shall be upon the City. (4) The parties, in writing, may request discovery from each other concerning the case. Should the other party not agree to provide the requested information within three (3) days of the request, the request, shall be deemed denied. The requesting party may then apply to the arbitrator, who shall order such discovery as appropriate to the nature of the case, subject to rules of discovery in Texas civil cases. In considering the application, the arbitrator shall consider the burden and expense of producing the information, the need of the requesting party, the amount of time available prior to the hearing, and such other matters as he may deem material. In no event shall discovery be permitted to delay the hearing, and in no event shall discovery be requested within three (3) days prior to the hearing. (5) All hearings shall be public unless it is expressly agreed in writing by the parties that the hearing shall be closed to the public. In any event, the final decision of the arbitrator shall be public, although public announcement may be reasonably delayed upon request of the parties. (6) Unless otherwise provided in this contract, the conduct of the hearing shall be governed by the rules of the American Arbitration Association. 35 —535— M. The Arbitrator shall have all powers vested in the Commission under Chapter 143, and the Commission Rules, with respect to suspensions, terminations, and demotions, except the power to amend such rules. N. Any notice or statement required to be filed by the Fire Chief or the employee in a disciplinary proceeding under Chapter 143, under Commission Rules, or under this contract, shall be filed with the Director of Human Resources of the City. O. With respect to terminations, temporary suspensions, and demotions, the employee shall have such right to appeal the arbitrator's decision to district court as he is given in Chapter 143 to appeal the Commission's decision, and no greater right. P. Unless otherwise provided in this contract, in cases of conflict, the provisions of this contract will control over Chapter 143, Civil Service Commission Rules, and American Arbitration Association Rules; and Chapter 143 and Civil Service rules promulgated pursuant to it shall control over American Arbitration Association rules. The City and the aggrieved employee shall share equally the fees and expenses of the arbitration. Where the Association represents the employee, it shall share equally the arbitration fees and expenses with the City. Nothing in this agreement shall prevent the Association from charging non - members a reasonable fee and expenses for representation, in accordance with its by -laws and other applicable law. All hearings which are expected to be completed in one (1) day shall be submitted for expedited arbitration. On all other hearings, the parties may agree to request expedited arbitration. R. Any deadline or time restrictions set out in this contract with respect to disciplinary proceedings may be modified by written agreement of the parties. However, neither party may be compelled to waive its right to insist upon the deadlines and time restrictions provided by this Contract. S. Suspensions by Agreement The Chief may suspend an employee for a period of time not more than sixty (60) calendar days provided that the employee agrees in writing to the suspension. The employee shall have no right to appeal such agreed suspension or to make it the subject of a grievance and no administrative or judicial body shall have the power to review such a suspension or to alter the terms of the agreement. ARTICLE XII HEALTH & WELFARE Q. Section 1. Labor - Management Committee. The City and the Union, having recognized that cooperation between management and employees is indispensable to the accomplishment of sound and harmonious labor relations, shall jointly maintain and support a Labor Relations Committee. The Labor- Management Committee shall consider, discuss, and recommend to the Chief or the City any problems pertaining to the employment conditions of employees. The Union shall designate its representatives. The City shall designate its representatives. The Labor - Management Committee shall meet quarterly or at the call of either the Union members or the City members at times mutually agreeable to both parties. 36 —536— Section 2. Identification Cards. The City shall furnish all Firefighters identification cards bearing the member's name, photograph, rank, employee number, and containing a space for the signature of the member. Section 3. Health Insurance and Life Premiums. A. The City agrees to provide one or more group health plans for firefighters. (1) Effective September 1, 1994, no employee covered by CitiCare Fire may select health insurance coverage of any other plan offered by the City. Employees covered by Humana or Plan 11 may select coverage under CitiCare Fire during open - enrollment. (2) Bi- weekly premium costs for CitiCare Fire as of August 1, 20056 are as follows: Employee Cost City Cost Employee $38.91 $45.93 $101.51 $108.53 Employee& Spouse $121.99 $139.30 $186.37 $201.88 Employee & Children $106.42 $120.19 $169.02 $182.79 Employee & Family $176.17 $196.92 $2386 $259.51 When the Benefits Manager for the City, applying reasonable and prudent fund - management principles, determines that an increase in premiums is necessary resulting from a comparison of premium revenues versus insurance claim costs and projections, the increase in premium costs shall be shared on an equal basis by the City and employees (50% City - 50% employee). Premium increases for CitiCare Fire will be based exclusively on the performance of CitiCare Fire as a separate group. No increase in premiums shall take effect until the Union is notified in person and in writing. s - Notification of the pending increase and , the reasons for the increase and the City records documenting the need for the increase shall be given to the Union a minimum of thirty days before the increase is implemented. (3) The City retains the right to negotiate with medical providers for benefits and coverage under CitiCare. The City agrees that the Firefighters under CitiCare Fire shall be able to utilize the preferred provider prqgram negotiated by the City for CitiCare at the rates negotiated, with coverage provided in the CitiCare program as revised from time to time. Firefighters covered by CitiCare Fire shall have the following deductibles, co -pays and maximums: A. $100.00 individual annual deductible ($300.00 maximum per family). B. 85% (City) - 15% (employee) co -pay after the deductible is met for services provided by CitiCare's preferred provider. C. 80% (City) - 20% (employee) co -pay for services provided outside the CitiCare network in an emergency situation or services provided outside the network as the result of referral by a CitiCare provider. D. 70% (City) - 30% (employee) for services provided outside CitiCare's preferred provider net -work system other than those in Section C. 37 —537— E. $525.00 annual out -of- pocket maximum per employee or dependent $1,575.00 per family (exclusive of the deductible amounts, subject to the lifetime maximum benefit in the CitiCare Fire Plan). (4) The City retains the right to withdraw from the Humana Health Plan. B. Retiree Health Insurance Coverage (1) Employees who retire under conditions of disability in accordance with the Corpus Christi Firefighters' Retirement System or Social Security or under regular retirement under the Corpus Christi Firefighters' Retirement System or under Social Security after ten (10) years of continuous service with the City shall, along with their previously participating spouses, and otherwise eligible dependents, be eligible to continue participating in the city's group health insurance Public Safety CitiCare. The Union recognizes that the premium cost of such continued coverage for retired or disabled firefighters and dependents exceeds the premium cost of identical coverage for active employees. The premium cost for such former employees, their spouse and dependents shall be the responsibility of the former employee. Coverage shall remain in force for said former employee while paid. (2) Coverage shall remain in force for a spouse of such former employee while paid except as follows: The spouses' rights shall continue after the employee's death, but shall terminate upon divorce or remarriage. Coverage shall remain in force for a dependent of such former employee, while paid, until such dependent becomes ineligible due to age or marriage as defined by the plan offered. (4) Such former employees, spouses or dependants age sixty five (65) or over or otherwise eligible for Medicare are required to participate in Medicare A & B in order to remain eligible for coverage. C. The City agrees to pay to the Union a contribution equal to $45.00 $30.00 month per employee, which the Union agrees to use for supplemental insurance programs for active or retired Firefighters. In addition, the City shall pay to the Union August 1, 1995 2008, and each August 1 thereafter $75,802 $150,000 for the Corpus Christi Firefighters Health and Benefit Trust. Effective August 1s`, 2009, the parties agree to use a contribution escalator for the contribution of the city equal to the base pav percentage increase afforded members of the bargaining unit during the fiscal year. Effective August 1, 1998, the $15.00 per month (3) Effective upon execution of this D. The City shall provide basic life insurance coverage for each Firefighter equal to the Firefighter's annual salary. Section 4. Disability. No sick leave shall be charged for injury or illness sustained in the line of duty. Employees shall be paid leave in an amount not to exceed their regular salary as provided by Section 143.073, Chapter 143 for injuries or illnesses occurring in the course of employment. 38 —538— The use of accrued sick leave may be granted to any Firefighter at the discretion of the Chief for job - related illnesses or injuries after injury leave has been exhausted. For purposes of line of duty illness or injury leave, "line of duty illness" shall be defined as an illness which has been directly and substantially caused by the duties of the position. Provided, however, that this definition applies only to a line of duty illness under Section 143.073, Chapter 143, and is in no way intended to govern the payment of benefits under the workers' compensation statutes, which benefits shall continue to be govemed solely by the workers' compensation statutes. A disability shall be defined as a physical injury or illness which prevents an officer from fully performing the duties of the position to which he was assigned at the time his disability commenced. A "permanent disability" is an injury or illness which disables a Firefighter to the extent that it cannot be said in reasonable medical probability that he will be able to return to full duties within one (1) calendar year from the date that the Fire Chief determines in writing that the disability is permanent. Upon termination for permanent disability which is non job related, the Firefighter shall be entitled to a lump sum payment for all his accumulated sick leave, and for accumulated vacation leave not in excess of the limit established by Article XII, Section 8 of this Agreement. Upon termination for permanent disability which is job - related, the Firefighter shall be entitled to a lump sum payment for any injury leave he may have remaining out of the one (1) year provided in Chapter 143, Section 143.073, all accumulated sick leave, and for accumulated vacation leave not in excess of the limit established by Article XII, Section 8 of this Agreement. All such payments shall be calculated and compensated as of the date the employee is determined to be permanently disabled and shall not include additional accrual of sick leave, vacation, or holidays beyond that date. The procedure for determining the permanent disability shall be as follows: In the event the Chief determines after consultation with the City designated Physician that a Firefighter is permanently unable to perform his or her job duties, he may institute immediate termination or retirement whichever, is applicable. Prior to taking formal action on the above determination, the Chief will inform the Pension Board, in writing, of his intentions. The Firefighter may call for further examination by a board of three physicians. One such doctor shall be appointed by the City, one by the Firefighter, and the third by said doctors. Provided, however, that the third doctor must be approved by the City designated Physician. The doctor designated by the Firefighter shall be paid by him. The other two doctors shall be paid by the City. The decision of a majority of three physicians as to whether a permanent disability as defined herein exists shall be final. A Firefighter who has previously been terminated due to disability may, if found to be otherwise qualified within two (2) years of the termination date for disability by the Chief, be eligible for reappointment at the same rank upon certification by the City's designated Physician that he or she has recovered and physically is able to perform full duties. Section 5. Sick Leave and Retirement Pool. A. Each Firefighter shall accumulate fifteen (15) days of sick leave with pay per year. Effective January 1, 1988, the Sick Leave Retirement Pool will have a maximum balance of 2,000 days. Quarterly accounting will be maintained to provide a current balance of such days. Days used in accordance with provisions outlined below will be deducted from the pool until it reaches a minimum of five hundred (500) days, at which time two (2) sick leave days per Firefighter per year will be transferred from his/her individual account into the pool until the pool reaches its 2,000 -day limit. 39 —539— The Pool shall be used to compensate Firefighters who retire, during the term of this contract, other than on disability retirement, with more than ninety (90) days of accrued sick leave to their individual credit. Subject to the maximum limits specified in Sub - Section B, below, the retiree shall be compensated from the Pool for the amount of sick leave accrued to his/her individual credit that exceeds ninety (90) days. 13. Upon termination, other than on disability retirement, an employee's compensation for the sick leave accrued to his/her individual credit shall be limited to the following amounts, according to the employee's time in service. (1) Less than 4 full years of service: zero days. (2) 4 full years of service: not more than 30 days. (3) 5 full years of service: not more than 40 days. (4) 6 full years of service: not more than 50 days. (5) 7 full years of service: not more than 60 days. (6) 8 full years of service: not more than 70 days. (7) 9 full years of service: not more than 80 clays. (8) 10 or more full years of service: not more than 90 days. (9) 20 or more full years of service: not more than 150 days. (10) 25 or more full years of service: not more than 180 days. C. If a Firefighter dies, any and all amounts he or she would have been entitled to under this section, or the entire amount of accumulated sick leave, whichever is greater, shall be paid to his or her dependents or estate. D. The parties agree that the payment of accrued sick leave as provided by state law and this contract shall be based only on base salary, longevity pay, certification pay, and assignment pay as per current payroll practice which is in compliance with state law and not in violation of this agreement and prior collective bargaining agreements. This provision will prevail over the provisions of the Texas Local Government Code Section 143.045. Appendix E sets forth the pay methodology for eligible accrued sick leave. Section 6. Toxicology Reports. The City shall pay for the cost of toxicology reports in instances where a Firefighter dies as a result of an on-the-job injury or upon request by the employees family where recent exposure to excessive smoke or toxic fume inhalation is suspected as a contributing cause of death. Section 7. Mandatory Drug Testing. A. The City and the Union mutually agree that Firefighters may be called upon in hazardous situations without warning, and that it is imperative to the interest of Firefighters and the public to assure that Firefighters are not substance - impaired. In order to further their mutual interest in protecting Firefighters and the public, the City and the Union agree to testing, as described in the Fire Department's Alcohol & Drug Policy attached hereto as Attachment "1 ". The City Manager, Fire Chief and Director of Human Resources shall be included in the testing process. The fair and impartial statistical basis shall be by a non - discriminatory 40 —540— computerized program operated and certified as non - discriminatory by an independent firm hired by the City, and the employee shall be tested promptly upon being selected by the computer. B. Discipline shall be in accordance with the Fire Department's Alcohol & Drug Policy and the Civil Service Commission Rules and Regulations. C. No changes can be made to the language dealing with the provisions of the Corpus Christi Fire Department's Alcohol and Drug Policy without agreement by both the City and the Union. Section 8. Accrual of Vacation Days. All Firefighters hired after September 1, 1998, shall be allowed to accrue unlimited vacation leave hours (includes holiday leave hours), but upon retirement, resignation, or termination the Firefighter shall not be paid in excess of four hundred and eighty (480) hours for forty (40) hour workweek employees or seven hundred and twenty (720) hours for twenty four (24) hour shift employees. All Firefighters hired on or before September 1, 1998, shall be allowed to accrue unlimited vacation leave hours (includes holiday leave hours), but upon retirement, resignation, or termination the forty (40) hour workweek Firefighter shall not be paid in excess of an amount equal to seven hundred and twenty (720) hours plus the amount the Firefighter had on the books as of December 20, 1998. If the Firefighter is on the 24 hour shift, the Firefighter shall not be paid in excess of an amount equal to 1080 hours plus the amount the Firefighter had on the books as of December 20, 1998. Appendix E sets forth the pay methodology for eligible vacation leave. The City retains the current practice of permitting Firefighters to sell one (1) day of vacation for each day of vacation taken to a maximum of five (5) days per year. Firefighters can sell back only such vacation leave in excess of thirty (30) days accrued vacation leave pursuant to this provision. However, effective August 1, 1998, each Firefighter may sell back to the City two (2) days of vacation leave for each day of vacation leave taken during the year not to exceed a total of ten (10) days. For purposes of this Agreement, a Firefighter working a twenty four (24) hour shift shall be permitted to sell twelve (12) hours of accrued vacation leave per day not to exceed one hundred and twenty (120) hours (10 days times 12 hours) per year. All other Firefighters working forty (40) hours per workweek (regardless if on a 4 -10 schedule or 5 -8 schedule) shall be allowed to sell back eighty (80) hours. Appendix E sets forth the pay methodology for eligible vacation sell back. The City shall distribute funds in cash or as contributions to a deferred compensation plan or as otherwise directed by the Firefighter. Any costs incurred for the transfer of funds for distributions other than direct payment to the employee shall be the responsibility of the Firefighter. The City may require that the Firefighter release and hold the City harmless for any penalties or other liability incurred by the City as a result of allowing the Firefighter to defer compensation under this provision. The City shall not be required to make a payment to a deferred compensation plan or other plan if it is determined, in the City's sole discretion, that such payment or distribution is not in compliance with all applicable laws, rules, and regulations. ARTICLE XIII LEGAL PROCEDURES 41 —541— Section 1. Legal Defense. The City will provide a legal defense to any Firefighter in a civil lawsuit, on account of any action taken by such Firefighter while acting within the course and scope of the Firefighter's employment for the City of Corpus Christi. The City will also provide legal defense for a Firefighter when he or she receives a traffic citation as a result of being involved in a traffic accident while making an emergency run to the scene of a fire or an emergency while acting in the course and scope of the Firefighter's employment for the City of Corpus Christi. The City, by conducting or participating in the employee's defense, does not assume any obligation or liability not otherwise imposed by law and does not expressly or impliedly waive any immunity or defense which is available to the City. The City shall assume no obligation not otherwise imposed by law for any judgment which is rendered against an employee. The City Manager may in his discretion refuse a legal defense for an employee where there are indications of intentional acts, gross negligence or recklessness which will be communicated to the employee in writing. The City shall provide such legal defense through an attorney not connected with the prosecution of such case. (1) The Firefighter shall notify the Fire Chief of any claim being made against such Firefighter not later than ten (10) days from the date that such Firefighter received notice of such claim, and shall request the City to assume the defense of the Firefighter regarding such claim. The City shall require that such request be made in writing. (2) If suit is brought against such Firefighter, such Firefighter shall immediately forward to the City Attorney every demand, notice, summons or other process received by him/her within twenty four (24) hours of receipt. (3) Such Firefighter shall cooperate with the City and, upon the City's request, shall assist in making settlements, and the conduct of suits, and in enforcing any rights of contribution or indemnity against any person or organization who may be liable for all or part of such damages, and shall attend all hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. ARTICLE XIV ASSOCIATION HEALTH AND BENEFIT TRUST Section 1. Trust Creation. The City and the Corpus Christi Firefighters' Association agree that the Association Health and Benefit Trust is the sole responsibility of the Association and that the City has no involvement in the Trust. Section 2. Indemnification. The Association shall defend, indemnify and hold the City harmless from any and all claims, legal actions, liability, damages, and expense brought by any parties in connection with or arising out of the operation or administration of the Trust. ARTICLE XV REOPENER PROVISION The parties agree that the City or the Association may reopen negotiations as to matters included in the Tri-Data Comprehensive Analysis Fire and EMS Delivery Report currently being finalized, 42 —542— under Texas Local Government Code Chapter 174. Such negotiations shall be set at the convenience of both parties. This agreement shall also be subject to mutual renegotiation for a joint health plan group benefits pool with other classes of employees at any time during its term. In order for the contract to be amended both parties must agree upon the amendment. Amendments to the contract must be ratified by appropriate parties. As to the Tri-Data issues, this Provision will expire on August 1, 2007, otherwise it shall be in effect until a successor agreement is reached. ARTICLE XVI IMPASSE PROCEDURES PART I Negotiations for a new contract shall commence in accordance with The Fire and Police Employee Relations Act (the "Act ") and Article VII, Section 2 of this contract. If impasse should be reached as defined in Section 174.152 of the "Act ", either party may request mediation, and if mutually agreed upon, the parties shall immediately proceed to choose one mediator as provided herein. The function and powers of mediator shall be as specified in Section 174.151 of the "Act ". The mediation shall extend for fourteen (14) calendar days. If no agreement is reached through mediation, upon request of either party, the parties shall submit the dispute to one Factfinder. The selection of the mediator and the Factfinder shall occur as follows. When either party requests mediation or factfinding, the parties may agree to choose any mediator or Factfmder or method of choosing same. If no agreement occurs within five (5) days from the request, the parties shall request a list of seven (7) neutrals from the American Arbitration Association (AAA). Upon receiving the list, the parties shall select the mediator or Factfinder by alternately striking names. The request to AAA shall state the dates on which the neutrals must be available. The mediator and the Factfinder shall be selected within five (5) days after receipt of the list from the AAA. The fee and expenses of the mediator and the Factfinder shall be split equally between the City and the Union. All other expenses, including witness fees, shall be paid by the party incurring the expense or calling the witness. By agreement, the parties may submit any issue or issues to the Factfinders. If no such agreement is reached, then each party shall be entitled to submit two proposals to the Factfinder, each proposal on one (1) distinct topic. For example, each of these constitute a distinct topic: salary, dependent health insurance coverage, promotional procedures, political activities. Each party may submit its two (2) proposals, and its alternatives to the other party's proposals. The Factfinder shall conduct a full and fair hearing on the issues submitted to him. The hearing shall be informal and strict rules of evidence shall not apply. After hearing all evidence offered by the parties, and any evidence requested independently by the Factfinder, the Factfinder shall render a written decision making findings of fact and recommendations as to all matters in dispute. In the opinion, the Factfinder shall exercise his independent judgment and shall not attempt to "split the difference." Where an issue is submitted to the Factfinder in the form of a proposal and an alternative to it, the Factfinder's decision with respect to that issue must recommend either the proposal or the alternative. The Factfinder's decision shall be submitted to the City Council and to the Association, and shall be advisory only. In making the findings of fact and recommendations, the Factfinder shall consider the following evidence submitted to him by the parties or obtained at his direction; the overall compensation in the current contract including direct salary and fringe benefits; the income available to the City and demands on that income; a comparison of wages, hours, and conditions of 43 —543— employment of Corpus Christi Firefighters with the wages, hours, and conditions of employment of other public and private employees performing similar services and with other employees generally in public and private employment in comparable communities and in Corpus Christi; the hazards of employment, physical, educational, and mental qualifications, job training and skills required of a Corpus Christi Firefighter; the cost of living in Corpus Christi relative to other communities; the rate of increase in the cost of living for the preceding twelve (12) month period using localized data to the fullest extent feasible; and any current national or state policies or guidelines with respect to compensation. It is agreed that in the interest of maintaining harmonious relations between the City and its Fire Fighters each party will make a sincere and earnest effort to resolve the dispute through the fact finding process. PART II It is agreed and understood that if the above fact finding procedure fails to result in an agreement, the City and the Association each retain any and all rights under Texas law, including but not limited to Chapter 174, irrespective of the inclusion of the fact finding process in this agreement. Any deadlines shall resume from the date of notice by either party, after the recommendation of the factfinder that the party has determined not to proceed further with a resolution under the fact finding process. ARTICLE XVII DURATION AND CONCLUDING PROVISIONS Section 1. Duration. This agreement shall be effective as of date of signing and shall remain in full force and effect until July 31, 2008 2011, and thereafter until superseded by a new contract. Section 2. Severability. If any article or section of this agreement should be found invalid, unlawful, or unenforceable by reason of any existing or subsequent enacted legislation or by judicial authority, all other articles and sections of this agreement shall remain in full force and effect for the duration of this agreement. Section 3. Conflict with Civil Service Statute. To the extent that any of the provisions of the agreement conflict with Chapter 143 or any other State Civil Service Statute, the provisions of the agreement shall control and the aPplicability of such statutes are altered accordingly. Section 4. Copies of Agreement. The City shall provide sufficient copies of this agreement, without alteration, so that every employee covered herein shall have a copy. The City shall be responsible for the distribution of the copies of this agreement to members of the bargaining unit within 90 days of ratification and Union Negotiating Team members signatures. 44 —544— CONCLUDING PROVISION IN WITNESS WHEREOF, we have executed this agreement this day of , 20078. CITY OF CORPUS CHRISTI CORPUS CHRISTI FIREFIGHTERS ASSOCIATION, LOCAL UNION 936 Geerge4C,Nee , CITY MANAGER Carlos Torres, PRESIDENT 'Angel R. Escobar Negotiating Team Members Negotiating Team Members 45 —545— Attsehmnent 11 Fire Department's Alcohol and Drug Policy A. INTRODUCTION The Corpus Christi Fire Department has a responsibility to provide the highest level of public safety service attainable by a City. All employees of the Department share in this responsibility. The sensitive position of all firefighters involved in fire suppression and/or emergency medical services or other assigned duties requires assurance that there is no use of illegal or prohibited drugs. It also requires assurance that firefighters are not under the influence of alcohol while on duty. The City of Corpus Christi is also obligated under the Drug -Free Workplace Act of 1988 to provide and maintain a workplace free of illegal or prohibited drugs. B. EFFECTIVE DATE AND EMPLOYEES COVERED. The amendments provided by this policy become effective upon execution of the 2005 -2008 collective bargaining agreement between the City and the Union and will be incorporated into the Fire Department General Manual to be effective as of that date. This policy applies to all sworn personnel and trainees cadets in the Fire Department, regardless of rank or assignment. All civilian personnel are covered under the citywide policy (H.R. 15.0). C. PROHIBITIONS: This policy prohibits: I. The use, unauthorized possession, manufacture, distribution or sale of illegal drugs or drug paraphemalia. 2. The unauthorized use, possession, manufacture, distribution or sale of any controlled substance. 3. The presence of a detectable level of any illegal drug or unauthorized controlled substance or any metabolite of any such substance in the body upon being tested. 4. Being under the influence of alcohol or possessing alcohol while: (a) operating or occupying any city vehicle at any time; or (b) at any location during the firefighter's working hours including all lunch and break times. 5. Use of alcohol while off duty in violation of Civil Service Commission Rules and Regulations, and Chapter 143, Local Government Codes. 6. Unauthorized storage in any locker, desk, City vehicle or other repository on City premises or worksites of any illegal drug, drug paraphernalia, unauthorized controlled substances or alcohol. 46 —546— 7. Switching or adulterating any breath or urine sample submitted for testing. 8. Refusal to consent to testing and submit a specimen for testing when required under this policy. Consent is indicated by signing any form required by the City's Medical Advisor or laboratory collecting the specimen for testing. 9. Failure to pass any drug or alcohol test administered under this policy. 10. Refusal to consent to inspection of any desk, locker or other City property under a firefighter's control when requested by a supervisor or law enforcement officer 11. Arrest or conviction for any drug or alcohol - related crime committed at any time. 12. Failure to notify the Fire Chief within five (5) days after arrest or conviction for any drug or alcohol - related crime committed at any time. 13. Failure to report to his/her supervisor the use of any controlled substance prescribed by a physician or non - prescription drug which may impair the firefighter's ability to safely and fully perform his/her duties. 14. Failure to keep prescribed drugs in their original container which identifies the drug, date of prescription and prescribing physician or provide other proof of drug prescription and prescribing physician. 15. Failing to adhere to the provisions of any agreement executed by the firefighter which requires treatment or counseling for alcohol or drug abuse. 16. Refusing to sign a statement agreeing to comply with this Alcohol and Drug Policy. 17. Knowingly, taking prescribed medication in a manner or dosage other than as prescribed. D. DEFINITIONS UNDER THIS POLICY 1. ILLEGAL DRUG: includes heroin, cocaine, crack cocaine, cannabinoids (marijuana, hashish, THC), PCP (phencyclidine), LSD (lysergic acid diethylamide) and any other controlled substance not validly prescribed by a physician. 2. CONTROLLED SUBSTANCE: includes all of the above illegal drugs plus any other substances covered by Schedules I through V of the federal Controlled Substances Act (21 U.S.C. 801 et seq.) or the Texas Controlled Substances Act (Chapter 481, Texas Health and Safety Code). Controlled substances include amphetamines, barbiturates, methadone, benzodiazepines, methaqualone, morphine, codeine and anabolic steroids, A controlled substance is "unauthorized" if the firefighter does not have a valid prescription for that substance at the time of its use or possession. 47 —547— 3. CITY PREMISES OR WORKSITES: include all property, buildings, structures, job sites (where a firefighter is working), parking lots, and means of transportation owned, leased, or otherwise used for City business including motor vehicles, equipment, or machinery. An employee's vehicle is also included in this definition when being used to conduct City business or when parked during an employee's working hours, including lunch or break times; provided however, that personal vehicles parked on city property may only be inspected or searched by law enforcement personnel based on probable cause. 4. FAILING A DRUG TEST: is defined as a confirmation of initial test results which show positive evidence of the presence of an illegal drug or unauthorized controlled substance in the body. 5. PASSING A DRUG TEST: is defined as initial or confirmation test results which do not show evidence of the presence of an illegal drug or unauthorized controlled substance in the body. 6. DETECTABLE LEVEL: is defined as a quantity of a drug or drug metabolite equal to or greater than the detection limit for that substance as established by the testing laboratory, with the Chief's and Union's approval. E. DISCIPLINARY ACTION FOR VIOLATIONS OF THIS POLICY 1. The following violations of this policy shall be grounds for termination. a. unauthorized possession, use, manufacture, distribution or sale of any illegal drug, drug paraphernalia or controlled substance while on duty, in a City vehicle or on break time or, b. use without authorization of alcohol while on duty or while occupying any City vehicle or during break period, c. failing a drug test administered under this policy. 2. Any firefighter who violates any other provisions of this policy shall be disciplined up to and including termination. 3. No firefighter may be disciplined for reporting to duty when ordered to do so, if the firefighter has disclosed any consumption of alcohol during his/her off duty hours. F. DRUG TESTING Drug testing will be conducted using a laboratory certified by the Department of Health and Human Services (NIDA). Chain -of- custody procedures will be followed to account for the integrity of each urine sample by tracking its handling and storage from point of specimen collection to final disposition of the specimen. Each specimen submitted for testing under this policy shall be split and a sample shall be reserved for an independent analysis in the event of a positive result. 48 —548— Each specimen submitted for testing under the testing provision of this policy with the exception of pre - employment, will be assayed for the presence of the following compounds. EMIT SCREEN GC -MS CONFIRMATION DETECTION LEVEL DETECTION LEVEL DRUG GROUP ng/ml* na/nil* Amphetamine 1,000 500 Barbiturates 300 -1000 200 Benzodiazepines 300 200 Cocaine Metabolites 300 150 Marijuana 50 15 Metabolites 300 300 Methadone 300 200 Methaqualone 300 200 Opiate Metabolites 300 300 Phencyclidine 25 25 Propoxphene 300 200 *nanograms /milliliter The laboratory will also assay each specimen for signs of possible adulteration. Specimen alteration assays will consist of two or more of the following: * Creatinine * Chloride * Specific Gravity * Ph Pre - employment testing shall utilize the SAP 10. The initial test (also known as a screening test) shall be a enzyme immunoassay screen (EMIT) to eliminate "negative" urine specimens from further consideration. If the initial test indicates a positive result, a confirmation test by gas chromatography /mass spectrometry (GC/MS) will be used to confirm the presence of a specific drug or metabolite. The confirmation test shall be independent of the initial test and uses a different technique and chemical principle from that of the initial test in order to ensure reliability and accuracy. For classes of drugs where GC /MS is not an approved confirmation procedure, an alternative confirmation test will be used. 49 —549— The Chief shall designate a Testing officer with full authority to order personnel compliance to oversee the integrity of the drug testing procedures and general administration of this policy. The Testing Officer's specific responsibilities and duties shall be established by the Chief. Drug testing under this policy will include: 1. Pre - employment: All job offers are contingent upon passing a drug test. Applicants who fail a drug test will be ineligible to apply for employment in the future. 2. Post - accident: Any firefighter, up to and including the Fire Chief, who, while operating a City vehicle, is involved in an accident • _ .. '- damage- to property, shall be- subject submit to drug and alcohol testing. Tho deeinion order • The test shall be performed as soon as possible_ at the order of the Fi_e Chief 3. Reasonable Suspicion: If individualized reasonable suspicion exists that any firefighter has used or possessed an illegal drug or unauthorized controlled substance or has violated the alcohol - related provisions of this policy, the Chief may order the firefighter to submit a urine and/or blood specimen for alcohol and /or drug testing. 4. Random Testing: The Fire Department shall be divided into 45 groups consisting of the following work sites or groups: Administrative Offices (Includes the City Manager, Human Resources Director, and Fire Chief) Training Center Fire Prevention & Arson Investigation Each Station will consist of 3 separate groups (A, B, & C shifts) Three additional groups will be added upon opening of a new station. Random drug testing shall occur by the random selection of one of the above work groups or sites. The testing agency shall provide a computer -based random selection of the group to be tested each month. Two groups will be selected and tested each month. The Chief, or designee, will notify the employees selected for a test within no more than three (3) hours of the testing. Any firefighter either permanently or temporarily assigned, including members working trades for regular firefighters, shall be subject to testing. All testing will be conducted on site except for personnel assigned to Training, Fire Prevention & Arson, and Administration. Personnel not tested on site will be required to report to a designated lab within 3 hours of notification by their supervisor. Employees on vacation, sick leave, other leave, or on City business outside the city, will not be notified or have to take the test. G. COMPLIANCE WITH POLICY 50 —550— I. Applicants and firefighters subject to testing will have the opportunity to submit a list of prescription and non - prescription drugs they have used in the last thirty (30) days and to explain the circumstances surrounding the use of such drugs to the MRO before a decision regarding test results is made. 2. Any firefighter who has agreed in connection with a prior violation of this policy to submit to random testing for a prescribed period of time (maximum of one (1) year) may be tested as described in the agreement signed by the firefighter. 3. A firefighter with an alcohol content of .04% will be presumed to be under the influence of alcohol for purposes of this policy. 4. If the Medical Review Officer's (MRO) review of drug test results indicates a legitimate medical explanation for the confirmed positive test result, no further action will be taken against the firefighter and an applicant will be eligible for hire. If the MRO's review determines there is no legitimate medical explanation for the confirmed positive test result, the firefighter will be subject to disciplinary action up to and including discharge upon the first offense. H. MEDICAL REVIEW OFFICER The Medical Review Officer (MRO) for the City of Corpus Christi will be a City's Medical Advisor or any physician designated by the City Manager who is a licensed physician with knowledge of drug abuse disorders and certified as a Medical Review Officer for drug testing. The MRO shall review all drug testing results he receives and interpret confirmed positive test results to determine if there is an alternative medical explanation of the confirmed positive result. I. ALCOHOLISM AND DRUG ADDICTION While occasional or "social" use of drugs and alcohol can become detrimental to the workplace and to personal health, we recognize that alcoholism and drug addiction are medical disorders which can be treated. The City of Corpus Christi believes it has a responsibility to provide assistance to our employees through the Employee Assistant Program, but the initiative in seeking such help is the responsibility of the firefighter. Firefighters who voluntarily seek diagnosis and accept treatment for alcohol or drug- related problems before the problem becomes evident, will be offered rehabilitation help on a strictly confidential basis using the leave policies currently available for other health - related problems. Whether voluntary or mandatory rehabilitation is required, these costs are the responsibility of the firefighter. Medical Plan Insurance may be used to the extent provided under the individual's health insurance coverage. If misconduct or declining job performance brings illegal or non- prescribed drug or alcohol abuse problems to light, the firefighter will be subject to appropriate disciplinary action. 51 —551— J. IMPLEMENTATION OF DRUG -FREE AWARENESS PROGRAM The Drug -Free Awareness Program will provide an ongoing education effort for the firefighters to prevent and eliminate drug and alcohol abuse that may affect the workplace. This program will cover: 1. The dangers of alcohol and drug abuse in the workplace; 2. This Alcohol and Drug Policy; 3. The availability of treatment and counseling for firefighters voluntarily seeking such counseling through the Employee Assistance Program; and 4. The discipline which will be imposed for violations of this policy. Supervisors are the "keys" to successfully implementing this policy. Initial and ongoing supervisory training will be mandatory for supervisors and will cover the following areas: 1. Identifying and documenting job performance and on-the-job behavior which may reflect the impact of personal problems; 2. Identifying evidence of on-the-job use or presence of alcohol or drugs; 3. Procedure for referral of troubled firefighters to the Employee Assistance Program; 4. Procedure for testing firefighter suspected of violating this policy; 5. Constructive confrontation techniques; 6. Orientation on drug procedures and technology; and 7. Procedures for conducting workplace inspections. Traincca Cadets will be trained on this Policy at the Academy and new supervisors will be trained through recurring sessions provided on the Training calendar. K. RECORDS PROCEDURES 1. RELEASE OF INFORMATION: Requests for employment verification or references for an individual terminated under this policy shall be forwarded to the Human Resources Department for response. For Texas Employment Commission hearing on granting unemployment insurance, the City will cite a rules violation as the reason for termination and will supply a copy of the letter of termination which states specific reasons. Where there is doubt about the release of information, the Legal Department shall be consulted for guidance. 2. REPORTING CONVICTION TO FEDERAL AGENCY: In compliance with the Drug Free Workplace Act, the Human Resources Department will notify the appropriate federal agency within ten (10) days after receiving notice from the firefighter of a conviction under criminal drug statutes. 52 —552— APPENDIX "A" DUES DEDUCTION AUTHORIZATION INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO. 936 Dues Title Code_ Payroll No._ Employee No. Code No. Name Social Security No. (Last) (First) (MI) Address Zip Code I hereby authorize the City of Corpus Christi to deduct, each pay period, the sum of $ as certified by the International Association of Firefighters, Local 936, as the current rate of dues or an amount as may hereafter be established by the International Association of Firefighters, Local 936, as dues. This deduction is to be forwarded directly to the International Association of Firefighters, Local 936. The authorization of this deduction is entirely voluntary on my part. I understand that the City of Corpus Christi will be obligated to forward to the Association only those sums actually deducted and will not be liable for damages to me for failure to deduct any authorized sum for any reason. Signed Date 53 —553— APPENDIX "B" SPECIAL ASSESSMENT DEDUCTION AUTHORIZATION INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO. 936 Assessment Title Code Payroll No. Employee No. Code No. Social Name Security No. (Last) (First) (MI) Address Zip Code I hereby authorize the City of Corpus Christi to deduct a special assessment in the sum of $ as certified by the Intemational Association of Firefighters, Local Union No. 936, for the express purpose of . The authorization of this special assessment deduction is entirely voluntary on my part. I understand that the City of Corpus Christi will be obligated to forward to the Association only those sums actually deducted and will not be liable for damages to me for failure to deduct any authorized sum for any reason. Signed Date 54 —554— APPENDIX "C" TERMINATION OF REGULAR OR SPECIAL DUES DEDUCTION AUTHORIZATION INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO. 936 Dues Title Code Payroll No. Employee No. Code No. Social Name Security No. (Last) (First) (MI) Address Zip Code I hereby terminate the authorization previously executed by me on (date) for dues deduction for the International Association of Firefighters, Local Union No. 936, and request that the City make no further ( ) regular or ( ) special dues deductions under said authorization. This termination of dues deduction is entirely voluntary on my part, and I understand that the City of Corpus Christi will not be liable for failure to promptly effectuate this termination for any reason. Signed Date —55- APPENDIX "D" THE FORMULAS DESCRIBED BELOW ARE A CONCEPTUAL DESCRIPTION OF THE CALCULATIONS AND DO NOT DESCRIBE THE EXACT COMPUTER PAYROLL PROCESS. A. CALCULATING FIRE SUPPRESSION OVERTIME PAY BASED ON 27 DAY WORK PERIOD In a 52 week, 365 day year, each suppression firefighter is scheduled to work a 24 hour shift every three days which equates to nine 24 hour shifts in each 27 day work period. Using the FLSA 7(k) exemption, overtime for cycle hours is due for hours actually worked from 204 to 216 hours in a 27 day work period. The "Add Pays" included in the calculations below are applicable longevity, assignment and certification pays listed in the Wages Article in the 2001 -2003 Collective Bargaining Agreement as per the 1989 overtime grievance resolution plus education incentive pay, the EMS supervisory officers pay, and the Assistant EMS Director pay when applicable. 1. TO COMPUTE CYCLE AND HOLIDAY OVERTIME PAY: Annual Base Salary + Annual "Add Pays" 26 Pay Periods = Pay Period Salary w/ "Add Pays" Pay Period Salary w/ "Add Pays" 80 Hours Per Contract = Hourly Cycle/Holiday Rate Pay Period Salary w/ "Add Pays" = Dock Rate (Regular rate) 108 Hours (Hourly Cycle/Holiday Rate) x (1.5) - (Dock Rate) = Cycle/Holiday Overtime Rate (Cycle/Holiday Overtime Rate) x (No. of Cycle Hours Worked) = Cycle Overtime Pay (Cycle/Holiday Overtime Rate) x (No. of Holiday Hours Worked) = Holiday Overtime Pay 2. TO COMPUTE OTHER OVERTIME PAY(HOLDOVER AND CALLBACK): Annual Base Salary + Annual "Add Pays" 26 Pay Periods = Pav Period Salary w/ "Add Pays" 90 Hours Per Contract (Hourly Call Back/Holdover Rate) x (1.5 ) Pay Period Salary w/ "Add Pays" Hourly Call Back/Holdover Rate Call Back/Holdover Overtime Rate (Call Back/Holdover Overtime Rate) x (Call Back Hours)# = Call Back Overtime Pay (Call Back/Holdover Overtime Rate) x (Holdover Hours) = Holdover Overtime Pay —55656 # Call Back is for time worked or 3 hour minimum as per contract. B. CALCULATING OVERTIME PAY FOR TRAINING/PREVENTION & 40 HOUR EMPLOYEES 1. TO COMPUTE HOLIDAY OVERTIME PAY: Annual Base Salary + Annual "Add Pays" 26 Pay Periods Pay Period Salary w/ "Add Pays" 80 Hours per Pay Period (Dock Rate) x (1.5) - (Dock Rate) Pay Period Salary w/ "Add Pays" = Dock Rate (Regular Rate) Holiday Overtime Rate (Holiday Overtime Rate) x (No. of Holiday Hours Worked) = Holiday Overtime Pay 2. TO COMPUTE OTHER OVERTIME PAY FOR TRAINING/PREVENTION & 40 HOUR EMPLOYEES ( CALLBACK ): Annual Base Salary + Annual "Add Pays" 26 Pay Periods = Pay Period Salary w/ "Add Pays" Pay Period Salary w/ "Add Pays" 80 Hours Per Pay Period (Dock Rate) x (1.5) (Call Back Overtime Rate) x (Call Back Hours)# • Dock Rate (Regular rate) • Call Back Overtime Rate • Call Back Overtime Pay # Call Back is for time worked or 3 hour minimum as per contract. -5§l- APPENDIX "E" CALCULATING "DRAG -UP PAY" (VACATION AND SICK LEAVE) AND VACATION LEAVE SELL BACK FOR FIRE EMPLOYEES Pursuant to the Arbitration Award of Arbitrator Don B. Hays, dated October 19, 1988, in AAA Case No. 71 390 0187 88, Corpus Christi Firefighters Association and City of Corpus Christi, the Collective Bargaining Agreement on Wages overrides the statutory calculation of payment of accrued sick leave on separation. The components of wages contractually agreed to be used in determining the hourly rate for payment of "drag -up pay" for eligible accrued vacation and sick leave are applicable monthly base salary, longevity, certification and assignment pays listed in Wages Article V of the August 1, 2001- July 31, 2003 Collective Bargaining Agreement plus the EMS supervisory officers pay and the Assistant EMS Director pay when applicable and excludes any other pays in any other Articles of that or subsequent Agreements. The Award also requires the city to use the average 54 hours per week for 24 hour shift emplovees to determine the hourly rate for drag -up pay. The formula below shall also be used to compute the amount paid for Vacation Leave Sell Back under Article 12 Section 8. 1. TO COMPUTE 24/48 HOUR SHIFT EMPLOYEE "DRAG -UP PAY" AND VACATION LEAVE SELL BACK HOURLY RATE: (Annual Base Salary) + (Annual Longevity. Assignment, and Certification Pay) * = Hourly Drag Up Rate (26 Pay Periods) x (54 hours /week) x (2 weeks /pay period) 2. TO COMPUTE 40 HOUR EMPLOYEE "DRAG -UP PAY" AND VACATION LEAVE SELL BACK HOURLY RATE: (Annual Base Salary) + (Annual Longevity. Assignment, and Certification Pay) * = Hourly Drag Up Rate (26 Pay Periods) x (40 hours /week) x (2 weeks /pay period) * Applicable wage components listed in Wages Article V, Section 1 -4, in August 1, 2001 - July 31, 2003 Collective Bargaining Agreement plus applicable EMS supervisory officers pay and Assistant EMS Director pay as described above. — 558 -58 APPENDIX "F" Title: Call Back Procedures Corpus Christi Fire Department Standard Operating Procedures No. 101.09 I. PURPOSE: To establish standard procedures and guidelines for utilizing the Fire Department call -back list. II. SCOPE: These instructions apply to call back situations as applicable. III. DEFINITIONS: A. Daily Staffing List: A list composed of firefighters needed to fulfill the Daily Staffing levels of normally assigned units. B. Daily Eligibility List: A daily list composed of the top eligible firefighters from the Daily Staffing List. C. Special Events List: A list composed of firefighters needed to fulfill positions for planned events. D. Special Events Call Back: Planned, anticipated events that allow the Department adequate time for scheduling. Examples may include such situations as jury duty, parades, etc. E. Holdover: A requirement for a firefighter to remain on duty after the completion of their normal shift for the purposes of determining morning staffing levels and completing those assignments. Additionally, a "holdover" may be used to augment staffing during promotional exams, and other short term assignments. F. Emergency Call Backs: A mandatory requirement to report to work in the event of an emergency or other situation as declared by the Fire Chief or his/her designee. Recognizing that both the citizens and on duty firefighters at the scene need immediate assistance, the Department may utilize any means necessary to initiate this assistance. Firefighters called in on an emergency call back will not lose their place on any call back list. IV. RESPONSIBILITY: A. It shall be the responsibility of the Fire Chief or his/her designee to ensure that this policy is adhered to when initiating a Call Back. B. Fire Department personnel have the responsibility and duty to report to work when contacted and advised that an emergency exists or has been declared by the Fire Chief, or his representative. —55t9- C. Failure of an employee to respond to a call back during an emergency without being excused by the Fire Chief, First Assistant Chief or the Shift Commander may result in disciplinary action being brought against said employee. V. CALL BACK LISTS: A call back list will be created for "Special Events" and a separate list for "Daily Staffing ". A firefighter's position on the Special Events List will not affect his/her position on the Daily Staffing List or vice versa. (Example: a firefighter is called back for a parade for three hours and consents to work. He /she remains in his/her position on the Daily Staffing List) VI. GENERAL: A. Each call back list shall include the name, rank, certifications (EMT, Paramedic, etc) and qualifications (assigned Rescue, HazMat, etc.) of all members of the shift. Firefighters who do not wish to be assigned to the Special Events List shall notify the Fire Chief in writing. B. Each callback list shall contain firefighters' permanent home telephone numbers. Pagers or cell phone are not permitted. The Department will not leave messages on answering machines, nor will the Department relay messages through a third Party. C. Firefighters shall be called back in numerical order from the first position on a call back list to the last position on the list. After 8:00 a.m. vacancies will be filled by calling back a firefighter to complete the shift at the station in which the vacancy occurs. This will be accomplished by calling back the first firefighter on the list that is able to fill a position in the station in which the vacancy occurs, which will be a firefighter of equal or lower rank than the vacant position. Once a firefighter has been called back and works overtime, or declines a Special Events callback, his/her name shall be placed in the last numerical position on the applicable list. D. A firefighter reassigned to another shift shall be added to the call back list for that shift in the same numerical position held on the list before reassignment. In the event that more than one such firefighter is reassigned with the same numerical position on the applicable callback list, placement shall be by lot. A probationary firefighter will be placed in the last numerical position on the applicable callback list for his/her assigned shift, provided that placement order at the bottom of the list shall be by lot. E. For call backs that require staffmg by specific rank, certification, or qualification, only firefighters on the applicable callback list who possess the needed rank, certification, or qualifications shall be eligible for the callback. F. For EMS callbacks, Firefighter 1 Paramedics, and FFII EMT and EMT -P's assigned to EMS and are qualified as per Article VI, Section 1 of the Collective -560 Bargaining Agreement shall be considered eligible. Firefighter I Paramedics who have served five years as a FFII EMS will not be called back for EMS staffing. Medic unit staffing shall include at least one paramedic. G. FFII EMS personnel routinely perform fire suppression duties (tailboard) in addition to EMS duties. For purposes of this policy, FFII EMS personnel shall be utilized in either position, however, FFII EMS personnel, when performing a call back, shall not be assigned to a FFII Engineer position. H. Personnel who are not immediately available to answer the telephone will be considered "unable to contact ". I. Firefighters who on sick leave will not be eligible for overtime until reporting back to duty, or to other scheduled leave (vacation, Kelly, PL, etc.). VII. DAILY STAFFING GUIDELINES: A. This procedure will be used when the Fire Chief or his designee determines it is necessary to utilize the call back list to maintain the daily staffing needs of the Department. This list shall be a separate list from the Special Events List. B. To maintain daily staffing levels, this procedure will utilize personnel in their numerical order on the Daily Staffing List, and not rank for rank. The Fire Chief's designee will make every attempt to utilize the list in the numerical order, with the exception of situations where the firefighter would be required to perform in a lower rank except as noted in paragraph VI -G. C. It is the responsibility of each firefighter to be adequately prepared to immediately report to duty when called back for Daily Staffing. If the firefighter is unable to immediately report to duty (upon being properly relieved,) to the assigned station, the firefighter shall be considered to have refused and his/her name shall be placed at the bottom of the Daily Staffing List. D. Firefighters who are called in for an overtime assignment must report to, and complete the assignment in person. Firefighters who are on approved leave shall not be considered for Daily Staffing callback. Standby periods for up to four hours are acceptable, provided that the firefighter that accepts the callback assignment is available to report to the assigned Station immediately. E. Firefighters may not perform the duties of those in a lower rank except as noted in paragraph VI. -G., i.e., a Captain will not be called in to fill a FFI assignment, etc. F. Firefighters who have been previously scheduled to "act" may be reassigned to accommodate a firefighter who is called back for daily staffing. Reassignment is at the discretion of the Fire Chief's designee. G. An EMS Supervisor vacancy shall be filled by using a Firefighter II EMS assigned to the shift and approved to act as EMS Supervisor. H. Firefighters shall not be assigned to a medic unit when called in for daily staffing call back if the firefighter has worked a twenty four hour shift on a medic unit immediately preceding the call back. VIII. Daily Staffing Procedure: Firefighters shall have the right to refuse assignment for Daily Staffing without jeopardizing their position on the call back list except in situations as listed below. A. As per the Collective Bargaining agreement, firefighters should notify the Shift Commander on duty, immediately when the employee knows he /she will be absent on account of illness. If such determination is made by the employee past midnight, it is acceptable to report the illness between 6:30 a.m. and 7:00 a.m. In all cases, a report of illness should be made no later than 7:00 a.m. B. During each shift the Shift Commander shall make arrangements to fill anticipated, scheduled vacancies for the following shift by reassigning firefighters, and /or assigning firefighters to "act ". This list will be left available for the off-going Shift Commander to utilize for call back. C. At morning roll call, the Station Captain shall furnish the Shift Commander with the names of firefighters under his/her command who are declining to work overtime the following shift. The Shift Commander shall publish a List of the top eligible firefighters available for callback for Daily Staffing prior to noon. The number of firefighters on the list will be dependent on the anticipated needs of the Department. The Shift Commander shall provide the names of ten firefighters above the number anticipated to be needed. For example, if the shift is anticipated to be three firefighters short, the Shift Commander shall publish a list of the top thirteen eligible firefighters. These firefighters shall remain on duty until 8:00 a.m. so as to be available for callback assignment. D. Once the Daily Eligibility List is posted and a change occurs in the firefighter's eligibility status, he /she must contact the Shift Commander as soon as possible; but no later than 10:00 p.m. A change in condition, or refusal that occurs between the hours of 10:00 p.m., and 8:00 a.m. will result in the firefighter's name being placed at the bottom of the Daily Staffing list (the firefighter will be placed at the bottom of the list if the number of needed callbacks meets or exceeds his/her number /position on the list. This cannot be determined until after sick calls have been taken). Top eligible firefighters who previously declared available for callback and have not remained available at their station when contacted by the Shift Commander will be placed at the bottom of the list. The morning announcement of "0800 morning roll call" will serve as the official time for purposes of being placed at the bottom of the Daily Staffing List. In the event "8:00 a.m. Roll Call" is not announced at the appropriate time, the Station Captain should contact the District Chief. 62 —562— Firefighters on the Daily Eligibility List who have remained available at their station after 08:00 a.m. may be contacted for callback, if a staffing need arises. If contacted after 8:00 a.m., these personnel may reject the assignment without loss of position on the Daily Staffing list. F. Should a vacancy occur following the 8:00 a.m. roll call, the Shift Commander may attempt to contact those firefighters available at their stations for Call Back. If unsuccessful, the Special Events list should be used. G. The Shift Commander shall make every effort to notify personnel that they will be used on a callback as early as possible. H. The Special Events List shall be utilized to fill vacancies that occur after 8:00 a.m., (except as noted in VIII.F) I. Firefighters shall be called back in their numerical order on the call -back list and not rank for rank. IX. SPECIAL EVENTS LIST: A. Special events will include callbacks for events that allow the Department adequate time for scheduling. This will include jury duty, parades and other planned events. This list shall also be used for staffing regularly assigned apparatus after 8:00 am., (except as noted in VIII.F) B. Once a firefighter is called back for overtime on a scheduled event, or refused an offer for callback, his/her name will be placed at the bottom of the Special Events List. However, his/her name will remain unaffected on the Daily Staffing List. C. Firefighters will be called back for Special Events in a timely manner whenever possible. To accommodate the needs of the Department and the needs of the Firefighter, the call back will be scheduled as far in advance as practical. Additionally, there is no requirement to be on duty for a complete shift to be called back for a future Special Event. X. DIRECTIONS FOR COMPLETING CALL BACK LISTS: A. The person making the calls will enter the correct code; date (mm- dd -yy), time, and his/her own initials. Actual time contacted shall be noted. B. The Fire Chief's designee will ensure that the list is updated after each use and will provide an updated list to the First Assistant Chief and to the Union within 48 hours. —56T C. The OFF -GOING SHIFT is the shift which shall be contacted first during a CALL BACK. D. On duty shift Shift to Contact A C B A C B E. Each Special Event requiring a call back is a new incident and will require beginning at the top of the list. This will insure that firefighters who had previously been contacted/or attempted to be contacted, but remained in their position on the list are first called. Starting at the top, contact each firefighter who does not have a C.R. (refused), or a C.W. (worked) by their name. In the event additional firefighters are needed during the shift for Daily Staffing, the Shift Commander shall not start over at the top of the Special Events list, but shall begin after the last contacted firefighter. F. During an emergency, personnel living outside the city limits may be excluded from a call back as per Article IV, Section 4 of the Collective Bargaining Contract. G. The following codes should be used when noting the status of a contact attempt: CODE EXPLANATION REMAIN IN POSITION ON LIST 1. C.R. Contacted — refused yes, Daily Staffing no, Special Events 2. C.W. Contacted, and worked no 3. C.L. Contacted, but on leave yes 4. I.P.N. Incorrect phone # yes 5. U.C. Unable to contact yes 6. C.T. Contacted, but on Trade yes 7. C.U. Contacted, unable yes 64 –564– • Definition, Leave: A firefighter is off work due to any scheduled leave including sick, vacation, personal, kelly, injury, training or other approved scheduled leave. • Definition: "Contacted, Unable" shall indicate the firefighter cannot accept the callback assignment due to previously assigned official Department business, i.e., schools, etc. • The Fire Chief shall be notified at any time a firefighter refuses to report to duty as ordered for an emergency callback. • Definition of refused: The firefighter cannot report to work for personal reasons, and the firefighter is not on an approved leave as described above. H. To facilitate callbacks requiring use of EMS certified personnel, a code shall be placed next to the rank of each firefighter on the list: a. "P" shall designate Firefighter I and Firefighter II EMS personnel who are qualified as per Article VI, Section 1 of the Collective Bargaining Agreement. In addition, FFI's who have previously served five years as a FFII EMS will not be required to work an EMS callback, and will not have a "P" designation. b. "E" shall designate FFII EMT's who are qualified as per Article VI, Section 1 of the Collective Bargaining Agreement. —565— Date: CASE NO.: APPENDIX "G" GRIEVANCE FORM Name Title I have discussed this complaint with my supervisor, and received his verbal answer on (date) . Because this answer is unacceptable to me, I wish to file my grievance complaint to Step 2. 1. Brief Statement of Grievance and the Facts or Events on which Grievance is Based: 2. Section(s) of contract alleged to be violated: 3. Remedy or adjustment sought by Grievant/Union: Grievant/Union Grievance Committee Chairman Date (Chairperson) /Union President's Signature Union Grievance Committee Chairman (Chair- Date Received person) /Grievance Committee Member Fire Chief or Designee Date Received *Submit all prior Grievance and Response Forms together at each Step on the Grievance Process 66 —566— RESPONSE OF UNION GRIEVANCE COMMITTEE STEP2 CASE NO.: Name Title On day of , 200, the Grievance Committee met to consider the attached Grievance and made the following determination. ❑ This is a valid grievance and should proceed to Step 3. ❑ No valid grievance exists and no further proceeding is necessary. Union Grievance Committee Chairman Date (Chairperson) /Grievance Committee Member Fire Chief or Designee Date Received *Submit all prior Grievance and Response Forms together at each Step on the Grievance Process. —556/ RESPONSE OF FIRE CHIEF STEP 3 CASE NO.: Name Title Response: (Attach additional pages if necessary) Fire Chief Union Grievance Committee Chairman (Chairperson) /Grievance Committee Member Date Date Received The Grievance is not resolved at Step 3 and is submitted by the Union Grievance Committee to the City Manager for a Response at Step 4. City Manager's Office Date Received *Submit all prior Grievance and Response Forms together at each Step on the Grievance Process. —56868 RESPONSE OF CITY MANAGER STEP 4 CASE NO.: Name Title The attached Grievance being received on , 200, the following is the City Manager's Response: City Manager Date Grievance Committee Chairman Date Received (Chairperson) /Grievance Committee Member *Submit all prior Grievance and Response Forms together at each Step on the Grievance Process. —569 9 26 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Public Information Act Procedures STAFF PRESENTER(S): Name Title /Position Department 1. Ronald Bounds Assistant City Attorney Legal 2. 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. None 2. 3. BACKGROUND: Presentation is being made in response to City Council Action Request. REQUIRED COUNCIL ACTION: None PowerPoint Supplemental Information ❑ Mary a Fisch City Atto ey -573- PUBLIC INFORMATION ACT PROCEDURES Presented By: Ronald J. Bounds, Assistant City Attorney City of Corpus Christi • • c '0 V 0 • 0 0 U D N U U (6 N E }' N co a) L a) E o Q J U U L p O c C O) CO C DO Q H-c p O • D .a) c O D January 1, 2006 — December 31, 2006: • t a) 0 0 a) CC co rn a0 0 CC CO 46 46 E E zz O N M E a) 0 N c • CO t (1) 0 U a) CC co rn a0 0 CC CO 46 46 E E zz • • 0 O N L CD -0 E U) C co N co co c D a) 0) ca 0) 0) c c CC F2 c N E M O Q L 0 0 U a) N CC o- a) CC Cr 0 CC CO 46 46 E E zz IN_ a) C 0 U) L O O cn = O N to c O Q U ° X 1 _ >,A L • O E X Oco 0E <0 4) C ca E CO CO J -0 c Aor O 0 r W (1) 4) 4- 0 c CO as (a D 4) D E N E EC ca >, ca con O o cac) so D O 1) co co CO co co O) J O) Y N 4a) U co > ca ca 0 E co cn c U) O 4- (o 4a. O)� N N J 2 V/ c O z c c O U L U f O L •O 0 >V o a) c co CO O V u �0 . ; L 0) L n co • D a) E 0 O O D a) 4- U L -Q Q O a) a) C a) • CT 0 (6 4-I O n co • 4 D CO CO 73 O � a) •a (o a) = 0 O r o •CVO UzE Q a) to O� CD a) • 0 O O 7 E Q C > o co c o O O � .- c CD cn o n N O i' a) Q O H E 0 a) ca co • O 0 Z 0 C < 0.c£ 0 gt U O 0 � W W O c No w M .. E c o WO �� Hr O : 2 c cn — o� w N O Co N O D ca C� u. 92 _c - N ° 0 • 0 Department Responsibilities: Type of Response to Legal (Cont'd) Representative samples for all types of the requested information labeled to indicate to which parts of request information is responsive OR — IF COSTS ESTIMATED TO EXCEED $100: No documents at this time (pending payment) AND: Completed "Cost Estimate Sheet" 11 c O Q cn a) CC c a) C6 Q 0 w w 0 X w 0 1— 0 w 1— 2 co w co co 0 0 L • i a) • • c O Q cn d) cC c a) L Q LIL �J c co C o-c G a. c cn 0 � N •� as D E N 9- O 2 �O- E -a w 0 H. cn'50 ca c-) J 42 95 • O 0) 0 0 D D O 0 0 0 L 11) O o Eo coco O o a cc co CY)O co a) 0 0 J U) 0 O E 0 O `•5 0 O- N 45' c 00 >� Oc.— C3YC U Cr 0+-' I L (a ca 4 a--' EE6g °000 NOV•c — 0 C LIC 00 0 j 0 o 0 0 �r L '- 0 9 o o • c .0 N CO O a CO cn > W p CO L Q `` ^ U W C c o co p 73E. Q O V) ( 0 a) co N — a) c N .(O 73 W 0 E 'cc; u L (.5 O •a) N o. c a) CI � • is response is complete is information provided is actually responsive to request N X U) 0 U (� < c E O O_ E L O E �O U 0 N c QL 0 a CD --+ u) 4- L- O O ri cn O c O (U 4- N co -Q c N N c Q O c D cn 7 ^^ so 0 ^W Q Q c O ,0 D W _N Q E a3 0 c O • c En O o a3 0 O L- C CO Information Not Subject to Exception Legal provides requestor (in accordance with law) with estimate of charges (unless number of pages at issue is five (5) or less) If number of pages at issue is five (5) or less, Legal provides pages free of charge 14 W E X w c 0 4E 0 0 X w c .0 0 (%) • 0 nformation R • U 4 co 0) a) 0 a 0) co(0 O N 0 0 0 O N O U W • N E' o m o • 4- 00 U O X += W (7) 0 Q 0 CB a 2 c CL To O • co 0 C• O E oco U N E L a) • O to CO C 0 Uc 'd C13 }• 'U a) c N W � 4 a) a) _a r) Da) a)ca) CO Off' n V I c O a U X W L 0 D 6 c c O ai(u L. >,E U) c > L cQ O Q L a)_c, 11; U) c O O (U E L- 0 0 Y L U) E.0 U) UL O cis O QE 0) E N Wa) co • 0) U) L '� (1) c D 0 L 0 L' V co 0) L 5 c = a- E a).- U O co .c -0 ID0 0c (i -0 O _c (6 C a) c cu O 0 Q E u) 0 0 C > CO CO 413 0 lj • .> o 0 • O ON .5 Q c 0- L •L • (I) C0 = . C cn _a CD U) c E • N O 0) co E ca c O)0 O)a JU• U)) J� L O cn 0) U] a O) 2 L cll C > c O C °X C D U • O Q 0) U) o J r 0 U X w 1 0 C6 c co c 0 Q E C6 X w 0 N nformation That U 0 O 0 -0 U L CO a) .> o co ci) nsC C 0 o E co E o 0 .0 0 W co J c 0 0 • co 0 N 0 0 O 0 co N 0 7 O o U E O O 0- > N 0 U0 --g O C O E .000 c = O o 0o 0: co • N O >' — X - co co L O O L L ca N O N 0_ o_ • c 0 E L O.0 U c N X CO N O L N Nco o c 00 c ca -c L L O U EE "17'2 0 L- o co 0 -0 No cBO.> W cn co N o_4€ O CO • Ao 0) c 0 n 0 O U Q Tca _c W �-; O L a O X^` W u ca c 0 • U To N I); D E•( — t/) LN LO +� cl• 451 o a) • 0 N N E c L� L a) i° L2 (B -c N 4-i c ^O` n c N`„ o ct L -0 0 4--, O Q (L5 LD cm TIC Li co ca j N 0_2 0 O N O N > Lr) -0 U L= > O O - a3 D W u) 4_, • 0) 2 0) L N N L A o O 4- 0 L- Q c N O -c'3 (0 O �c E U0_ 0) Copy Fees Copy Request — Law Requires as Follows: 50 or Fewer Responsive Pages: k 10 cents per page 51 or More Responsive Pages: 10 cents per page $15 per hour for time spent in locating, compiling, and copying information 20% of total labor time as overhead charge 20 Inspection Fees s Inspection Request — Law Generally Only Allows as Follows: 10 cents per page for making copy of page from which confidential information must first be redacted $15 per hour for time spent in redacting confidential information for requests of 51 or more pages 20% of total redaction labor time as overhead charge 21 Cn p E7 -0 W U O ^ W E 7 4- }'^+ V V♦ 0 W ^O 0_ N _ — O co - O 0 a � 2 • MI in Estimated fees Description of less costly method of viewing information Cr 45 4E1 E 4551 .§ J DYE .a O �--' .4 = Q > (o ^O E W c 'c = O V crE 0 0 L N a) 0 Q cr 4:13 2 C 0 ^- 0 W N O L 0 � l-t ^^,, O� /cn cn > cn ' 2 ca SITU N ate" oo- 0 2 1 Bond /Deposit Law allows if: City has provided requestor with required Itemized Estimate of Charges Fees are estimated to exceed $100 Failure to timely post bond /deposit results in request withdrawal by law Request considered by law received on date of bond /deposit receipt (reason for departments initially providing Legal only with completed Cost Estimate Sheet) 23 CITY ATTORNEY'S OFFICE PUBLIC INFORMATION ACT PROCEDURES I. PURPOSE AND SCOPE To provide a system of procedures that all City officials and employees must follow in responding to requests for information in order to ensure compliance with and uniformity of application regarding the Public Information Act. II. PROCEDURE All requests for information shall be received and processed in accordance with the following procedures. III. THE REQUEST FOR INFORMATION (A) A request to inspect or receive photocopies of information should be made in writing, addressed to the City's Public Information Officer (or designee), and state with specificity the information being requested. It is the City's practice to accept written requests that are received by any City official or employee. (B) The written request may be mailed, facsimiled, hand - delivered, or emailed. IV. PROCESSING REQUESTS (A) RECEIPT OF REQUESTS (1) On the date that a request is received by any City employee, it must be taken to and immediately date and time - stamped by the employee within the department who is responsible for processing incoming mail for the department and be forwarded by that employee to the City Secretary's Office for processing. The request may be forwarded by facsimile, hand - delivery, or electronic mail. (2) Upon receipt of a request, the City Secretary's Office shall immediately forward a copy of it to the Legal Department and notify that department of the date that the request was received by the City. (3) Upon receipt of the request, the Legal Department shall create a Tracking Log Sheet for purposes of identifying actions as they are taken on the request. (B) CLARIFICATION /NARROWING OF REQUESTS (1) Upon receipt of the request, the Legal Department shall immediately review and evaluate it to determine whether it may need to be clarified and /or narrowed. If it is determined that it may need to be clarified and /or narrowed, the Legal Department shall contact the PIA Liaison within the department(s) that may have information responsive to the request for purposes of confirming that it needs to —585— be clarified and /or narrowed. If such confirmation is received, the Legal Department shall seek clarification and /or narrowing of the request within one (1) business day of its receipt by the Legal Department. (2) The Legal Department shall seek clarification and /or narrowing of the request via telephone contact, utilizing all reasonable and available means of contacting the requestor. The Legal Department shall also follow the telephone contact the same business day with a letter that requests /confirms that clarification and /or narrowing. The above - described letter must be mailed via certified mail if the requestor has provided the City with a mailing address. In the event that no mailing address has been provided, the letter may be sent via electronic mail, if the requestor has provided the City with an email address. Once the request has been sufficiently clarified and /or narrowed, the Legal Department shall proceed with processing the request as described below. (C) DEPARTMENT NOTIFICATION AND RESPONSIBILITIES (1) If a request does not require further clarification and /or narrowing, the Legal Department shall, upon receipt of the request, immediately determine the City departments that may maintain the requested information. No later than the next business day after the date that the request is received by the Legal Department, the Legal Department shall notify and provide the applicable department(s)' PIA Liaisons via electronic mail with the date that the request was received by the City, a scanned version of the request, a blank Cost Estimate Sheet, any other appropriate instruction(s), and a date by which such departments shall provide the Legal Department with a response. (2) Each Department shall designate two (2) of its employees as primary and alternate PIA Liaisons. Each PIA Liaison must attend (once each year) mandatory training provided by the Legal Department on the Public Information Act. Once notified by the Legal Department of the existence of a request, the responsible PIA Liaison(s) for the department shall (within two (2) business days of the date of request notification): (a) coordinate with applicable department staff to determine the extent to which the department may maintain the requested information; AND (b) complete the Cost Estimate Sheet associated with the request; AND PROVIDE THE LEGAL DEPARTMENT WITH: (1) a statement that the requested information, or portion(s) thereof (as applicable), does /do not exist; 2 —586— OR (2) photocopies or scanned versions of the existing requested information, labeled to indicate which portions of the request the submitted information is responsive to (originals acceptable only when the requestor specifically states that he /she desires to view or inspect the requested information); OR -- IF COSTS TO FULFILL THE REQUEST ARE ESTIMATED BETWEEN $40 AND $100: (3) photocopies or scanned versions of true representative samples for all types of the existing requested information, labeled to indicate which portions of the request the submitted information is responsive to (originals acceptable only when the requestor specifically states that he /she desires to view or inspect the requested information); OR -- IF COSTS TO FULFILL THE REQUEST ARE ESTIMATED TO EXCEED $100: (4) See "(5)" AND (5) a completed Cost Estimate Sheet. (3) The PIA Liaison(s) shall provide the above- described information to the Legal Department via hand - delivery, facsimile, or electronic mail. The Legal Department may grant PIA Liaisons additional time to provide the above - described information to the Legal Department on a case -by -case basis and as requested by the PIA Liaison(s). (4) Department staff must make a good faith effort to relate a request to information that the department maintains as of the date that a request is received by the City. Texas case law and Open Records Decisions issued by the Texas Attorney General hold that the Public Information Act applies only to information that exists on the date that a city receives a request and does not require a city to create information in response to a request. (5) All City departments shall fully cooperate with the Legal Department and assist it as necessary to comply with City -Wide Public Information Act Performance Measures and to provide timely, courteous, and comprehensive customer service. 3 —587— V. LEGAL DEPARTMENT RESPONSE (A) EVALUATION OF DEPARTMENT RESPONSE (1) Within two (2) business days of the date that information is provided by the department(s) to the Legal Department in response to request notification, the Legal Department shall review and evaluate all information provided by the applicable department(s) to determine whether the response is complete, the extent to which the information provided by the department(s) is responsive to the request, and whether any portion of the requested information may be excepted from disclosure under the Public Information Act. (2) To the extent that the department(s) response is incomplete, the department(s) shall provide the Legal Department with supplemental information deemed necessary by the Legal Department to make the request complete within one (1) business day of being notified by the Legal Department of the incompleteness of the response. (B) INFORMATION NOT SUBJECT TO EXCEPTION TO DISCLOSURE To the extent that the responsive information is not subject to an exception to disclosure, the Legal Department shall provide the requestor On accordance with charges required by law) with any applicable estimate of charges associated with making that information available to the requestor, unless the number of pages at issue is five (5) or less. In that event, photocopies of the number of responsive pages at issue shall be provided free of charge, since the cost to the City of processing the collection of the charge exceeds the amount of the charge. (C) INFORMATION SUBJECT TO EXCEPTION TO DISCLOSURE (1) DISCRETIONARY EXCEPTIONS TO DISCLOSURE (a) To the extent that the responsive information is subject to a discretionary exception to disclosure, the Legal Department shall coordinate with applicable departmental staff who are responsible for determining whether the City should or should not assert the exception and obtain a determination from such staff concerning whether the exception should be asserted. (b) If it is determined by such staff that the exception should be asserted, the Legal Department shall proceed with a request for an Attorney General ruling as described below. (2) MANDATORY EXCEPTIONS TO DISCLOSURE (a) To the extent that the responsive information is subject to certain mandatory exceptions to disclosure (i.e., City 4 —588— official /employee home addresses /telephone numbers /etc.; Texas motor vehicle record info; account #s; private email addresses; SS #s; etc.), the Legal Department shall, within one (1) business day of such a determination being made, inquire of the requestor via telephone and electronic communication whether he or she wishes to exclude such information from the scope of the request. (b) If the requestor desires to exclude such information, the Legal Department shall obtain written confirmation of such exclusion within the same business day. If the requestor does not wish to exclude such information, the Legal Department shall proceed with a request for an Attorney General ruling as described below. (3) REQUESTS FOR ATTORNEY GENERAL RULING (a) To the extent that a request for an Attorney General ruling is warranted, the Legal Department shall request such a ruling in accordance with timelines mandated under the Public Information Act and claim the applicable exceptions with particularity (to the extent possible). (b) The Attorney General is required to issue a ruling within forty - five (45) business days, measured from the date that the Attorney General receives the request for a ruling. (c) Except as provided by subsection (d), the Legal Department shall, within three (3) business days of the date that the City receives the Attorney General ruling, provide the requestor (in accordance with charges required by law) with any applicable estimate of charges associated with making any portion of the requested information available to the requestor that the Attorney General ruled to be made publicly available. In the event that the number of pages to be made available is five (5) or less, photocopies of such pages shall be provided free of charge, since the cost to the City of processing the collection of the charge exceeds the amount of the charge. (d) The City, through its Legal Department, may seek relief from the Attorney General ruling by availing itself of remedies available to it under the Public Information Act in lieu of complying with subsection (c). VI. PROCESSING FEES Except as otherwise noted and described in these procedures, charges shall be imposed for fulfilling requests in accordance with applicable provisions of state statute and associated regulations, specifically chapter 552 of the Texas Government Code (the Public Information Act) 5 —589— and regulations promulgated by the Texas Facilities Commission under chapter 70 of title 1 of the Texas Administrative Code. VII. RECORDS RETENTION (A) Files pertaining to requests shall be retained by the Legal Department for a period of one year from the date that: 1) the Attorney General issued a ruling regarding any portion of the requested information; or, in the event that no portion of the requested information was subject to such a ruling, 2) the date that the City last corresponded to the requestor concerning the request. (B) The retained records shall include the request, any associated tracking forms, any photocopies of the requested information, any cost estimate documentation, and any other correspondence related to the request. 6 —590— 27 DATE: TIME: PLACE: AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION REGULAR MEETING Tuesday, January 13, 2009 During the meeting of the City Council beginning at 10:00 a.m. City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. President John E. Marez calls the meeting to order 2. Secretary Armando Chapa calls roll. Board of Directors John E. Marez, President Melody Cooper, Vice President Larry Elizondo, Sr. Henry Garrett Mike Hummel! Bill Kelly Priscilla Leal Michael McCutchon Nelda Martinez Officers 'Angel R. Escobar, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer 3. Approval of the minutes of December 16, 2008 4. Approval of the financial report 5. Motion authorizing the General Manager or designee to execute an agreement for early termination of building lease between the CCCIC and Workforce Solutions of the Coastal Bend for property located at 1616 Martin Luther King Blvd. 6. Public Comment 7. Adjournment —593— MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION December 16, 2008 5:30 P.M. PRESENT Board of Directors John Marez, President Larry Elizondo Henry Garrett Mike Hummell Priscilla Leal Michael McCutchon Nelda Martinez ABSENT Melody Cooper, Vice - President Bill Kelly Officers 'Angel R. Escobar, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance Sanchez, Asst. Treasurer President Marez called the meeting to order in the Council Chambers of City Hall. Secretary Chapa verified that a quorum was present to conduct the meeting and notice of the meeting had been posted. President Marez called for the approval of the minutes from the September 9, 2008 meeting. Ms. Martinez made a motion to approve the minutes as presented, seconded by Mr. Garrett, and passed. President Marez called for the financial report for three months ended October 31, 2008. Treasurer Cindy O'Brien stated the fund balance was $19,202,014. Ms. Martinez made a motion to approve the financial report, seconded by Mr. Elizondo, and passed. President Marez introduced Item No. 5, motion authorizing the General Manager or his designee to execute a subrecipient agreement with The Apartments of the Village for $400,000 of HOME Program grant funds to be provided from FY2007 and FY2008 for acquisition and development costs related to an affordable housing development to be located at 402 N. Port. Secretary Chapa polled the Corporation for their votes on Item 5: 5. MOTION AUTHORIZING THE GENERAL MANAGER OR HIS DESIGNEE TO EXECUTE A SUBRECIPIENT AGREEMENT WITH THE APARTMENTS OF THE VILLAGE FOR $400,000 OF HOME PROGRAM GRANT FUNDS TO BE PROVIDED FROM FY2007 AND FY2008 FOR ACQUISITION AND DEVELOPMENT COSTS RELATED TO AN AFFORDABLE HOUSING DEVELOPMENT TO BE LOCATED AT 402 N. PORT. The foregoing motion was passed and approved as follows: Marez, Elizondo, Garrett, Hummell, Leal, and Martinez voting "Aye"; Cooper and Kelly absent. —594— Minutes — CCCIC meeting December 16, 2008 — page 2 President Marez called for public comment. Abel Alonzo thanked Daniel Gallegos, Community Development Administrator for a job well done. Henry Gorham thanked the Council for their vote and stated he will need their support in the future. There being no further business to come before the Board, President Marez adjourned the meeting at 5:32 p.m. on December 16, 2008. —595— ASSETS CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET November 30, 2008 Loan Program Special Project HOME Program Fund Fund Fund Cash and investments Mortgages receivable Investment in property (net of accumulated depreciation) Total assets LIABILITIES AND FUND BALANCE Liabilities: Total liabilities Fund Balance: Reserved for mortgages Reserved for Investments Unreserved Total fund balance Total $ 1,057,549 $ 243,797 $ 225,294 $ 1,526,640 10,791,555 0 6,471,216 17,262,771 131,496 21,047 0 152,543 $ 11,980,600 $ 264,844 $ 6,696,510 $ 18,941,954 10,791,555 131,496 1,057,549 11,980,600 21,047 0 243,797 264,844 6,471,216 17,283,818 0 131,496 225,294 1526,640 6,696,510 18,941,954 Total liabilities and fund balance $ 11,980,600 $ 264,844 $ 6,696,510 $ 18,941,954 -596- CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE FOUR MONTHS ENDED NOVEMBER 30, 2008 Loan Program Special Project HOME Program Fund Fund Fund Revenues: Total Contribution from Federal Government $ - $ - $ 416,883 $ 416,883 Interest on loans 20,088 0 3,764 23,852 Interest on investments 4,368 1,578 915 6,861 Rental income 16,687 0 0 16,687 Miscellaneous 845 0 111 956 Total revenues 41,988 1,578 421,673 465,239 Expenditures: Grants 0 0 449,752 449,752 Warranty Work 64,552 0 0 64,552 Accumulated amortization- forgivable loans 34,665 0 210,637 245,302 Accumulated depreciation - building 2,488 0 0 2,488 Total expenditures 101,705 0 660,389 762,094 Excess of revenues over expenditures (59,717) 1,578 (238,716) (296,855) Fund balances at August 1, 2008 12,040,317 263,266 6,935,226 19,238,809 Fund balances at November 30, 2008 $ 11,980,600 $ 264,844 $ 6,696,510 $ 18,941,954 -597- Memorandum TO: President John E. Marez and Members of the Board of the Corpus Christi Community Improvement Corporation FROM: 'Angel R. Escobar, General Manager DATE: January 5, 2009 SUBJECT: Request for Meeting of the Corpus Christi Improvement Corporation (CCCIC) on January 13, 2009 1. Motion authorizing the General Manager or designee to execute an agreement for early termination of building lease between the CCCIC and Workforce Solutions of the Coastal Bend for property located at 1616 Martin Luther King Blvd. The original lease between the CCCIC and Workforce Development Corporation commenced on January 1, 1994 for the former police station building for a lease term ending December 31, 2004 for the purposes of programs carried out by Workforce. Subsequently, a first amendment to the original lease modified the lease term from December 31, 2004 to end March 31, 2006, "subject to earlier termination or extension as provided therein." As a reduction of funding and the elimination of the Child Care Management Services, Workforce Development Corporation amended the lease agreement with a second amendment to reduce the occupancy of approximately 6,733 square feet in the area located on the first floor. This proportionately reduced the monthly lease payment from $10,439.50 to $8,449.71. In addition, the second amendment extended the lease term ending March 31, 2009, "subject to earlier termination or extension as provided therein." Workforce Solutions of the Coastal Bend, formerly Workforce Development Corporation, has gone through a consolidation and renovations of current operating facilities. As such, they are requesting for an early termination of building lease of the former police station building that is owned by the CCCIC. Workforce Solutions of the Coastal Bend will pay out the remainder of the lease term ending March 31, 2009, in the amount of $42,248.55, and will add a resolution payment for a total sum of $5,000 at the same time the final payment is made. At this time it is unknown what will become of the approximately 33,611 net rentable square feet building; however, there are some prospects for the building some of which includes interest from other City Departments. There are no outstanding loans so the building is debt free other than the cost of operating the facility. Any and all income derived from building lease use is considered proceeds and is available for other CCCIC uses. Staff recommends authorizing the General Manager or designee to execute an agreement for early termination of building lease between the CCCIC and Workforce Solutions of the Coastal Bend for property located at 1616 Martin Luther King Blvd. —598— State of Texas County of Nueces AGREEMENT FOR EARLY TERMINATION OF BUILDING LEASE This agreement ( "Agreement ") is made by and between the Corpus Christi Community Improvement Corporation ( "Lessor ") and Workforce Solutions of the Coastal Bend, formerly known as the Corpus Christi /Nueces County Service Delivery Area Private Industry Council ( "Lessee "). Section 1. Scope and Objective. Lessor and Lessee entered into a lease ( "Lease ") for a term that commenced on January 1, 1994, as subsequently amended by the First Amendment to Building Lease ( "First Amendment "), effective April 1, 1994, and the Second Amendment to Building Lease ( "Second Amendment "), effective January 23, 1995. The Lease, the First Amendment, and the Second Amendment, referred to collectively in this Agreement as the "Building Lease" between the Lessor and Lessee, are the subject of this Agreement. The Building Lease commenced on January 1, 1994, and expires March 31, 2009. The Building Lease authorized the lease of the premises located at 1616 Martin Luther King Blvd., Corpus Christi, Texas ( "Leased Premises ") to Lessee. The parties, by execution of this Agreement, desire to terminate the Building Lease prior to its expiration in accordance with the terms of the Building Lease ( "Early Termination "), which is the objective of this Agreement. Section 2. Requirements for Early Termination. By mutual agreement of the parties, the following terms and conditions apply to effectuate the Early Termination to be ac- complished by this Agreement: (A) Lessee shall remit to Lessor the total sum of $42,248.55 ( "Final Lease Pay- ment") within three (3) business days of Lessee's execution of this Agree- ment. Tender of the Final Lease Payment by Lessee, which payment is subject to Lessor's acceptance, constitutes full satisfaction of all outstanding monthly lease sums due, or contemplated to be due, to Lessor under the existing Building Lease. (B) Lessee shall remit to Lessor the additional total sum of $5,000.00 ( "Resolution Payment ") at the same time and in the same manner that the Final Lease Payment is made. Tender of the Resolution Payment by Lessee, which payment is subject to Lessor's acceptance, constitutes full satisfaction of all outstanding utility, insurance, maintenance, and operating expenses due or contemplated to be due to Lessor under the existing Building Lease, as well as all outstanding physical damage claims, known or unknown to Lessor at the time of final execution of this Agreement, that Lessor's premises may have sustained due to Lessee's occupancy under the Building Lease, with the exception of any physical damages or contamination caused or asserted to -599- be caused by Lessee's use of hazardous materials, chemicals, or toxins at the premises during Lessee's occupancy of the premises. (C) The Final Lease Payment and the Resolution Payment must be remitted by Lessee in the form of cash or cashier's check at Lessor's physical business location of 1201 Leopard Street, Corpus Christi, Texas, delivered to the at- tention of the City of Corpus Christi's Community Development Office, or remitted by wire transfer to Lessor's banking institution. In the event Lessee desires to remit by wire transfer, Lessee shall request all necessary transfer instructions from Lessor. (D) Lessor shall notify Lessee in writing, within three (3) business days of Lessee's full remittance of the payments due under the terms of this Agreement, of Lessor's acceptance or rejection of Lessee's tender. SECTION 3. REPRESENTATIONS AND WARRANTIES OF LESSEE By executing this document, Lessee hereby represents and warrants to Lessor as follows: (A) No Violation; Consents. Neither the execution and delivery of this Agreement by Lessee, nor the performance by it of its obligations hereunder, will breach or otherwise constitute or give rise to a default under any contract, commitment or other obligation to or by which Lessee is a party or is bound; or violate in any material respect any statute, ordinance, law, rule, regulation, judgment, order or decree of any court or other Governmental Entity to which Lessee is subject (B) Liens. Lessee has not authorized or has no knowledge of any lien placed on the Leased Premises during the term of the Building Lease. (C) Contracts. All contracts or agreements entered into by Lessee, related to the Leased Premises, have been paid in full, and have been properly terminated or cancelled. There are no outstanding disputes or obligations related to such contracts or agreements. (D) Violation of Laws. Lessee, is not in violation of any statutes, laws, rules, regulations, orders, decrees and ordinances applicable to Lessee's use of the Leased Premises, nor has Lessee received any notice regarding any alleged violation of such laws applicable to the Leased Premises. (E) Insurance. Lessee has complied in all material respects with all terms, obligations and provisions of each policy of insurance presently maintained for, the Leased Premises, and has paid all premiums due thereon, and no written notice of cancellation with respect thereto has been received by Lessee. (F) Litigation. There is no litigation, action, suit, arbitration, mediation, hearing or governmental investigation pending or, to the knowledge of Lessee, threatened by or against Lessee primarily related to the Leased Premises and (b) no judgment, award, MLK Bldg Early Terrnination Agmt.12.31.08 v3MLK Bldg Early Termination Agmt.12.31.08 v3 Palettett- order or decree has been rendered against Lessee that is primarily related to the Leased Premises which is still outstanding. (G) Brokers. Lessee has not incurred any liability for brokerage fees, finder's fees, agent's commissions other similar forms of compensation in connection with the transactions contemplated by this Agreement. (H) Taxes. Lessee has not received any notice of taxes due related to the Leased Premises. (I) Outstanding utilities. Lessee is current on all payments to service providers providing service at the Leased Premises, including but not limited to the following: Water, waste water, electricity, gas, refuse collection, telephone, internet. Lessee agrees to remain responsible for any outstanding utilities which occurred during time of tenancy. Section 4. Termination. Upon Lessee's remittance of the payments contemplated under this Agreement and acceptance of such payments by Lessor, the existing Building Lease between the parties terminates. In the event Lessor rejects Lessee's tender or Lessee fails to tender the payments contemplated under this Agreement in the manner stated or in an untimely manner, the parties agree that all terms and conditions of the existing Building Lease shall continue in full force and effect as if this Agreement had never been executed by the parties. Until all terms and conditions of this Agree- ment have been met, Lessee shall keep the insurance required under the Building Lease in full force and effect. Section 5. Release. The parties to this Agreement agree that, unless specifically ex- cepted in this Agreement, execution of this instrument and full compliance with all terms and conditions specified herein constitutes full and final satisfaction of all performances, obligations, and payments due under the existing Building Lease as well as any other agreements, oral or written, that may have been made by the parties related to the Building Lease and the premises leased. Section 6. 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 judgment of a court of competent juris- diction, 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 un- enforceable under present or future law effective during the term of this MLK Bldg Early Termination Agmt.12.31.08 v3MLK Bldg Early Termination Agmt.12.31.08 v3 Page-13:081 — Agreement, then the remainder of this Agreement is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such 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 7. Authority. (A) Lessee assures and guarantees Lessor that the Lessee possesses the legal authority to enter into this Agreement and to perform the services the Lessee has obligated itself to perform under this Agreement. (B) The person or persons signing and executing this Agreement on behalf of the Lessee, or representing themselves as signing and executing this Agreement on behalf of the Lessee, do hereby warrant and guarantee that he, she, or they have been duly authorized by the Lessee to execute this Agreement on behalf of the Lessee and to validly and legally bind the Lessee to all terms, performances, and provisions stated in this Agreement. Section 8. Applicable Law. This Agreement is to be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created un -der this Agreement are performable in Nueces County, Texas. Section 9. Entire Agreement. This Agreement constitutes the entire agreement between the parties as to the performances required and contains all of the terms and conditions agreed upon by both parties. Excluding the Building Lease between the parties that will remain in effect until the conclusion of all obligations required to be performed under this Agreement, no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind the parties unless the same be in writing, dated subsequent to the date hereof, and duly executed by the parties. Executed in duplicate originals to be effective on the last date of execution by the parties below. LESSOR: CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION By: Printed Name: Date: MLK Bldg Early Termination Agmt.12.31.08 v3MLK Bldg Early Termination Agmt.12.31.08 v3 p oti LESSEE: COASTAL BEND WORKFORCE DEVELOPMENT BOARD doing business as WORKFORCE SOLUTIONS OF THE COASTAL BEND (and formerly known as the Corpus Christi!Nueces County Service Delivery Area Private Industry Council) By • Printe N 4/ An . . •:. -: A, Date. STATE OF TEXAS § COUNTY OF NUECES § ACKNOWLEDGMENTS KNOW ALL BY THESE PRESENTS: This instru e t w acknowledged before me on the G day ofJanuarl , 2009, by Mary j njo S , of the Coastal Bend Workforce Dbvelop- ment Bodrd doing business as Workforce Solutions of the Coastal Bend, a Texas nonprofit corporation, on behalf of the corporation. LAURISA LYNN BAKLIK Notary Public, State of Texas My Commission Expires March 09, 2011 IS NO . RY PUBLIC, -te of Texas MLK Bldg Early Termination Agmt.12.31.08 v3MLK Bldg Early Termination Agmt.12.31.08 v3 Page,5pfg_ City of Corpus - - Christi -606-