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Agenda Packet City Council - 07/14/2009
11:45 A.M. - Proclamation declaring July 14, 2009 as "Americans with Disabilities 19`h Anniversary" Swearing -in Ceremony of newly appointed Board, Commission and Committee members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JULY 14, 2009 12:00 P.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. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitedo, habra un interprete ingles- espahol 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 Joe Adame to call the meeting to order. B. Invocation to be given by Dr. Samuel Gutierrez, Associate Pastor, Cornerstone 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 Joe Adame Mayor Pro Tem Kevin Kieschnick Council Members: Chris N. Adler City Manager Angel R. Escobar Brent Chesney City Attorney Mary Kay Fischer Larry Elizondo, Sr. City Secretary Armando Chapa Priscilla Leal John Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting July 14, 2009 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meetings of June 30, 2009 and July 7, 2009. (Attachment # 1) F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESEN- TATIONS 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 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. G. BOARDS & COMMITTEE APPOINTMENTS: (NONE) H. 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 Agenda Regular Council Meeting July 14, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. I. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been fumished 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.) 2. Ordinance amending Ordinance No. 028190 authorizing the transfer of $100,000 from the No. 1020 General Fund and appropriating in the No. 1061 Police Grants Fund as the grant match for the FY 2007 Public Safety Interoperable Communications (PSIC) Grant Project to be used for the enhancement of voice interoperability on the 800 Mhz radio system. (Attachment # 2) 3. a. Motion authorizing the City Manager, or his designee, to execute a geotechnical services agreement with Kleinfelder, Inc. of Corpus Christi, Texas in an estimated amount not to exceed $182,500 for the J. C. Elliott Landfill Groundwater Monitoring and Sampling Agreement - 2010. (Attachment # 3) b. Motion authorizing the City Manager, or his designee, to execute a geotechnical services agreement with Kleinfelder, Inc. of Corpus Christi, Texas in an estimated amount not to exceed $291,900 for the Cefe Valenzuela Landfill Groundwater Monitoring and Sampling Agreement - 2010. (Attachment # 3) Agenda Regular Council Meeting July 14, 2009 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 4. Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with LNV Engineering of Corpus Christi, Texas in the amount of $141,520, for Resaca Lift Station Upgrade for preliminary design phase, design phase, preparation of construction documents, bid phase, construction phase services, and additional services. (Attachment # 4) 5. Motion authorizing the City Manager or his designee to execute Change Order No. 20 with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $764,312.79 for a restated amount of $9,314,422.20 for the Doddridge Street Improvements — Ocean Drive to South Staples Street project construct proposed storm sewer to a deeper depth to avoid relocation of two (2) six -inch gas lines and an AEP concrete encased electric duct bank and to address an error in the bid unit - quantity of work items by the design consultant. (BOND ISSUE 2004) (Attachment # 5) 6. Motion authorizing the City Manager or his designee to execute a construction contract for the Base Bid including allowance, and Additive Alternatives 1 — 2 with Barcom Commercial, Inc. of Corpus Christi, Texas in an amount not to exceed $2,053,000 for the Corpus Christi International Airport for the Airfield Equipment and Maintenance Facility. (Attachment # 6) 7. Motion authorizing the City Manager or his designee to renew the contract with Rabalais I &E Constructors of Corpus Christi, Texas, for the O.N. Stevens Water Treatment Plant On -Going Instrument Maintenance Program FY 2009 -2010, in the amount of $130,000, for an additional six -month period [by exercising the renewal option under the contract with Rabalais I &E Constructors approved by City Council on October 30, 2007 (Motion No. 2007 - 283)]. The contract will begin August 1, 2009 pending approval of the Water Department's FY 2010 Operating Budget. (Attachment # 7) 8. a. Ordinance authorizing the City Manager, or his designee, to execute a Use Permit Agreement with Special Olympics, Inc. for the use of the Memorial Coliseum Parking Lots from July 22, 2009 through July 27, 2009 for the 2009 Bay Ball Bally Hoop. (Attachment # 8) Agenda Regular Council Meeting July 14, 2009 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Motion approving the application from Special Olympics, Inc. to temporarily close Park Avenue from northbound Shoreline Boulevard to southbound Shoreline Boulevard for the 2009 Bay Ball Bally Hoop, beginning at 7:00 a.m. on July 25, 2009 through 8:00 p.m. on July 26, 2009. (Attachment # 8) J. PUBLIC HEARINGS: 9. Public hearing and First Reading Ordinance to consider abandoning and vacating a 26,971- square foot portion of undeveloped and unsurfaced, dedicated public right -of -way (Nile Drive), located west of Ennis Joslin Road public right -of- way; subject to compliance with the specified conditions. (WITHDRAWN BY STAFF) K. SPECIAL BUDGET CONSIDERATION ITEMS: PROPOSED CITY OF CORPUS CHRISTI BUDGET FY 2009- 2010: 10. a. First Reading Ordinance — Adopting the City of Corpus Christi budget for the ensuing Fiscal Year beginning August 1, 2009; to be filed with the County Clerk; appropriating monies as provided in the budget. (Attachment # 10) b. First Reading Ordinance to ratify increase of $2,971,452 in Property Tax Revenues from last year's Operating Budget as reflected in the FY 2009 -2010 Operating Budget. (Attachment # 10) PROPOSED REVISIONS TO THE CODE OF ORDINANCES, CHAPTER 39, PERSONNEL: 11. First Reading Ordinance — Amending the Code of Ordinances, Chapter 39, Personnel, Article III Employee Compensation and Classification System, revising Section 39 -303 to include pay adjustment for Commercial Driver's License (CDL) on Pay Plan 100, update minimum wage in Pay Plan 200, adjust police management pay range in Pay Plan 300, add provision to maintain 5% differential above employees supervised by select positions in Pay Plan 400; modify work coordinator career ladder maximum pay ranges, change pay grades in Pay Plan 1000; revising Section 39 -304, Classified Service defined to clarify pay plans exempt from classified service; revising Agenda Regular Council Meeting July 14, 2009 Page 6 12. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Sections 39 -337 and 39 -352 to clarify use of sick leave consistent with the Family and Medical Leave Act (FMLA); revising Section 39 -362 to clarify that prior service of a temporary employee shall not be considered and recognition of prior service after completion of probationary period; adding Section 39 -368 Catastrophic Leave Program; repealing all other ordinances, and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for effective date. (Attachment # 11) PROPOSED FEE /RATE INCREASE ADJUSTMENTS INCLUDED IN THE PROPOSED FY 2009 -2010 BUDGET: a. First Reading Ordinance — Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water, gas and wastewater rates and fees, providing an effective date; and providing for publication. (Attachment # 12) b. First Reading Ordinance — Amending Section 55 -7, "Local Exchange Access Line 9 -1 -1 Service Fee," of the Code of Ordinances, by increasing the service fees for residential, business, and business trunk local exchange access lines; providing for an effective date; and providing for publication. (Attachment # 12) c. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 29 Municipal Court, regarding Juvenile Case Manager Fee increase; and providing for publication. (Attachment # 12) d. First Reading Ordinance - Amending the Code of Ordinances, Chapter 21, Article 1, Section 21 -1 by revising the definition for "Can Account"; amending Article IV, Section 21 -40(a) by revising Solid Waste resource recovery fees and enacting a residential cart collection fee; amending Article IV, Sections 21 -47(a) and (b) by revising the State Agency reference and the Municipal Solid Waste System service charges; providing for an effective date; providing for publication; and providing for penalties. (Attachment # 12) Agenda Regular Council Meeting July 14, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) e. First Reading Ordinance - Revising Section 55- 70(9), Code of Ordinances, City of Corpus Christi, to increase water tap fees; providing for penalties; and providing for publication. (Attachment # 12) f. Resolution authorizing adjustment of Parks, Recreation, Cultural, and Leisure Time Activities rental and recreational fees; adding new rental fees and recreational fees for Fiscal Year 2009 -2010; providing for publication; and providing for an effective date. (Attachment # 12) L. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 13. Consideration of an appeal by Ronald A. Voss, Sr., of the Building Standards Board's decision to require demolition of the west wing of the structure located at Lot 2, Copps Addition, commonly known as 1502 Tarlton Street. (TABLED FROM JUNE 23, 2009) (Attachment # 13) 14. Presentation of Initiative Proceedings and consideration of an Ordinance pursuant to Article I, Section 4 of the City Charter to rebuild Memorial Coliseum to its original condition, and replace the plaque to its original location honoring: `the sons and daughters of Nueces County who made the supreme sacrifice in World War II ". (Attachment # 14) M. PRESENTATIONS: Public comment will not be solicited on Presentation items. 15. Update on Public Information Act (PIA) Procedures (Attachment # 15) 16. Update on Proposed Wind Energy Ordinance Amendments (Attachment # 16) 17. Update on Status of Comprehensive Restructuring of Developer Trust Funds (Attachment # 17) 18. Zero Based Budgeting and Change in Fiscal Year (Attachment # 18) Agenda Regular Council Meeting July 14, 2009 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) N. CITY MANAGER'S COMMENTS: (NONE) 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. P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street at a:15 p.m., on July 9, 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 the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2009 -2011 Economic Development Strategic Plan Coliseum Plan Development Process Improvement Support Public Safety Garwood Water Plan Develop Street Plan Community Pride Sustainability and Renewable Energy 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 30, 2009 - 10:00 a.m. PRESENT Mayor Joe Adame Mayor Pro Tem Kevin Kieschnick Council Members: Chris N. Adler Brent Chesney Larry Elizondo, Sr. Priscilla Leal John Marez* Nelda Martinez Mark Scott *Arrived at 10:26 a.m. City Staff: City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Dr. Allen Mosiman with Parkway Presbyterian Church and the Pledge of Allegiance to the United States flag was led by Council Member Nelda Martinez. 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 Adame called for approval of the minutes of the regular Council meeting of June 23, 2009. A motion was made and passed to approve the minutes as presented. Mayor Adame referred to Item 2 and the following board appointments were made: Food Service Advisory Committee Lisa Pollakis (Appointed) Jack Baker (Appointed) Isabel Aguilar (Appointed) Mayor Adame called for consideration of the consent agenda (Items 3 - 9). There were no comments from the public. Council Member Chesney announced that he would abstain from the discussion and vote on Item 8. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2009 -181 Motion approving the lease of a motor grader with Waukesha- Pearce Industries, Inc., of Corpus Christi, Texas for the total amount of $155,760, of which $6,490 is budgeted in FY 2008 -2009. The award is in accordance with Bid Invitation No. BI- 0134 -09 and is based on best value. The term of the lease is for twenty -four months with an option to extend the —1— Minutes — Regular Council Meeting June 30, 2009 — Page 2 lease for up to twelve additional months subject to the approval of the City Manager or his designee. The motor grader will be used by the Parks and Recreation Department. Funds have been budgeted by Parks and Recreation in FY 2008 -2009 and requested for FY2009- 2010. The motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye; Marez was absent. 4. MOTION NO. 2009 -182 Motion approving a supply agreement with Elster American Meter, of Cedar Park, Texas for approximately 7,000 gas meters in accordance with Bid Invitation No. BI- 0164 -09, based on low bid for an estimated annual expenditure of $363,300 of which $30,275 will be expensed in FY 2008 -2009. Funds in the amount of $6,055 have been budgeted in the Gas Department Operations budget and the remaining $24,220 has been budgeted in the Gas Capital Improvement Program (CIP) Fund. The term of the agreement will be for twelve months with an option to extend for up to two additional twelve -month periods, subject to the approval of the suppliers and the City Manager, or his designee. The motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye'; Marez was absent. 5.a. RESOLUTION NO. 028215 Resolution authorizing the City Manager, or designee, to execute an Interlocal Agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2009 Local Solicitation Award. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. 5.b. RESOLUTION NO. 028216 Resolution authorizing the City Manager, or his designee, to submita grant application in the amount of $256,634 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2009 Local Solicitation Award. Fifty percent of the funds are to be distributed to Nueces County under the established Interlocal Agreement. Grant funds will be used by the Police Department to upgrade 215 public Safety radios to Project -25 compliance; and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. 6.a. RESOLUTION NO. 028217 Resolution authorizing the City Manager or his designee to accept a grant of $132,328 from the Texas Department of State Health Services for renovation, supply and equipment expenses relating to a plan for responding to an act of terrorism and to execute all related documents. Minutes — Regular Council Meeting June 30, 2009 — Page 3 The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. 6.b. ORDINANCE NO. 028218 Ordinance appropriating a grant of $132,328 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for renovation, supply and equipment expenses relating to a plan for responding to an act of terrorism. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Marez was absent, 7. MOTION NO. 2009 -183 Motion approving the purchase of two Storage Area Network devices from Resonant Technology Partners of San Antonio, Texas for the storage of all City data located at City Hall and the Police Department including installation, data migration services and five years support and maintenance for $508,129.45. The purchase will be financed over a five year period with Key Government Finance, Inc. with annual payments of $111,534.58 ($557,672.90 total). Resonant Technology Partners is a State of Texas DIR GoDirect vendor. The purchase will extend combined useable storage capacity from 13 terabytes to 50.5 terabytes. The motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. 8. ORDINANCE NO. 028219 Ordinance authorizing the resale of thirty (30) properties for $102,726 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $9,166.02, plus $40,534.64 for partial payment of City paving and demolition liens. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Chesney abstained; Martz was absent. MOTION NO. 2009 -184 Motion authorizing the City Manager or his designee to execute a job order contract with Nuway International, Inc. of Corpus Christi, Texas in the amount of $77,234.33 for La Retama Central Library exterior building renovations. The motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. ...... * * * * * * Mayor Adame referred to Item 10, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Minutes — Regular Council Meeting June 30, 2009 — Page 4 Case No. 0509 -03, Roland & Robert Beck, d.b.a. South Texas R & R Rentals: A change in zoning from the "F -R" Farm -Rural District and "B-4" General Business District to "1 -2" Light Industrial District resulting in a change of land use from vacant use to light industrial use on the property described as Hudson Acres Annex Lot 10, Block 1, generally located on the southside of Leopard Street, approximately 500 feet east of Main Drive and 1000 feet west of Rhew Road. (Tabled from 06/23/09) City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "1 -2" Light Industrial District for the outdoor storage of equipment and the construction of metal buildings. Assistant Director of Development Services Faryce Goode -Macon provided a site plan and a brief overview of the zoning case including the subject property; the 2007 aerial photo; and photos of the further investigation by staff of the Erne Drive area. Mayor Adame called for comments from the audience. Roland Beck, applicant, stated that the original use of the property was for outside storage of drilling rigs with security. Mr. Beck provided a background on the property and the industrial taxes paid for the property. Lionel Lopez, 4325 Philippine, spoke regarding environmental and drainage concerns for the neighborhood. Velia Garza, 1700 block of Main Drive, spoke regarding trucks driving at all hours of the night; access to the utilities; and drainage. Ms. Garza stated that she was in opposition to the zoning change. Jesse Molina, 4314 Leopard, spoke regarding the drainage for the neighborhood. Marisela Garza asked the Council to make a decision on behalf of the residents of Main Drive. The following topics pertaining to this item were discussed: whether there is a dedicated easement; location of the utility services for the homes; the business located at the adjacent property zoned "1-2"; the proposed use for the property; primary concerns of the residents; whether the applicant has met with the neighborhood; installation of the fence; whether the applicant's engineer has reviewed the drainage; tax records for the property; storage of large trucks on the property; the required site development plan to delineate how drainage will be addressed; the length of time the applicant has been working on the property; use of caliche; whether the Council could approve the zoning contingent on a drainage plan; if there is a process for public input to address the drainage concerns; previous zoning that caused flooding on Tuloso Road; required permitting to expand the fill operation; and having staff review the fencing on the current "1 -2" located adjacent to the residential property on Main Drive. 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: 10. ORDINANCE NO. 028220 Amending the Zoning Ordinance, upon application by Roland and Robert Beck, d.b.a. South Texas R & R Rentals, by changing the Zoning Map in reference to Block 1, Lot 10, Hudson Acres Annex, from "F -R" Farm -Rural District and "B-4" General Business District to "1 -2" Light Industrial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Martinez, and Scott, voting "Aye"; Kieschnick, Leal, and Marez, voting "No ". —4— Minutes — Regular Council Meeting June 30, 2009 — Page 5 * *** * *** * * * ** Mayor Adame opened discussion on Item 11 regarding a grant from the Environmental Protection Agency (EPA). Director of Environmental Services Peggy Sumner explained that EPA selected the City of Corpus Christi to receive funding for the Brownfields Assessment Grant. Ms. Sumner referred to a powerpoint presentation including an overview and background; the community -wide effort to identify sites; grant fund benefits; and examples of success stories. The following topics pertaining to this item were discussed: whether any projects have been identified; exploring the Kerr McGee area; and developing new tax base. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 11. RESOLUTION NO. 028221 Resolution authorizing the City Manager, or his designee, to accept a grant from the Environmental Protection Agency in the amount of $400,000 for a three -year community - wide Brownfields Assessment Program. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal was absent. Mayor Adame opened discussion on Item 12 regarding the Neighborhood Stabilization Program 2. Director of Community Development Daniel Gallegos provided a brief overview of the Neighborhood Stabilization Program 2 including the purpose; eligible uses; target uses; and census tracts. Mr. Gallegos stated that the application is due by July 17` ". In response to Council Member Leal, Mr. Gallegos explained that the City is considering a single - family /multi - family complex. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 12. RESOLUTION NO. 028222 Resolution authorizing the City Manager or his designee to submit a competitive funding application to the U.S. Department of Housing and Urban Development in the amount of $8,060,000 for the Neighborhood Stabilization Program 2 under the American Recovery and Reinvestment Act of 2009 and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. Mayor Adame opened discussion on Item 13 regarding the issuance of certificates of obligation. Interim Director of Finance Constance Sanchez explained that this item authorized the issuance to finance costs associated with road improvements to Holly Road, the Bayfront Development Plan Phase I and the Rodd Field Public Improvement District. Ms. Sanchez provided a brief overview including a background; publication of the notice of intention; the structure perimeters; the financing team; and the pledge of $1,000 of Solid Waste revenues to the certificates of obligation. Jeff Kuhn with Fulbright and Jaworski and Mark Seale with M.E. Allison were available to respond to questions. Minutes — Regular Council Meeting June 30, 2009 — Page 6 Mayor Adame called for comments from the audience. Bill Kopecky, 3609 Topeka, spoke regarding issuing certificates of obligations instead of receiving voter approval and that the issuance of certificates of obligations should be for a public emergency or if the certificates of obligations are benefited by a revenue pledge. Mr. Kopecky also spoke regarding mistakes made on Holly Road and the underground structures located along the bayfront. The following topics pertaining to this item were discussed: the reason for combining the three projects together; whether there are other projects foreseen in the future; use of leftover funding from Bond 2004; whether the Rodd Field Public Improvement District and Holly Road were part of Bond 2004; the reasons for issuing certificates of obligation if there is other funding available from under - budgeted projects; whether the project estimates include contingencies; the reason for approving $8.5 million; notifying the council of the interest rate; the rate net debt to net taxable assessment valuation; the bond ratings; background on economic development projects; implementation on GASB 45; and the warranty for Holly Road. City Secretary Chapa polled the Council for their votes as follows: 13. ORDINANCE NO. 028223 Ordinance authorizing the issuance of "City of Corpus Christi, Texas, Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2009" in an amount not to exceed $8,500,000 for the purpose of financing costs associated with making permanent public improvements to Holly Road, Bayfront Development Implementation Plan Phase I (Shoreline Realignment Phase 1), and the Rodd Field Public Improvement District; providing for the payment of said Certificates by the levy of an ad valorem tax upon all taxable property within the City and further securing said Certificates by a lien on and pledge of the Pledged Revenues of the Solid Waste System; providing the terms and conditions of said Certificates and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of said Certificates, including the approval and distribution of an official statement; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the requirements of the letter of representations with The Depository Trust Company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the Certificates; enacting other provisions incident and related to the subject and purpose of this ordinance; and providing an effective date. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Chesney and Leal voting "No ". Assistant City Manager Oscar Martinez presented a recommend plan to restore the funding for the arts as previously proposed. Mayor Adame called for a brief recess to present proclamations and listen to public comment. Mayor Adame called for petitions from the audience. Ericka Kemm, Arts and Cultural Commission, thanked the City Council and staff for restoring the funding for the arts. Monica Sawyer, 429 Ashland Drive, urged the Council to consider and budget for the Recycle Bank implementation. Cliff Harris, 1017 Antelope, thanked the Council and staff for their support to resolve the issues faced by downtown and uptown businesses. Bill Richmond, board member of the -6- Minutes — Regular Council Meeting June 30, 2009 — Page 7 Corpus Christi Symphony Orchestra; spoke in support of the funding the orchestra now and in the future. Will Douglas, 5029 Royalton, stated that it is important to implement the Recycle Bank program. Brandi Williams, 2518 Scabbard Drive, requested that the Council not eliminate the Sister City Committee budget. Trey McCampbell, Art Museum of South Texas, thanked the Council for restoring the art funding and encouraged the City and arts organizations to find a permanent solution for funding the arts. Council Member Chesney suggested creating a committee to find a permanent solution for funding the arts programs. Lillian Riojas, Corpus Christi Botanical Gardens, thanked the Council for restoring the funding to support the arts and nature attractions and provided information on the Botanical Gardens. Rene Gutierrez, 5322 Bowie Street, requested support for the Parks and Recreation Department budget to reconsider the summer program and maintenance issues. Huxley Smith, 1913 Thames, thanked the Council for restoring the funding for the arts and asked for consideration to fund maintenance at the senior centers. Mayor Adame directed staff to address the maintenance at the senior center on Greely Street. Lisa Ann Torres, 4642 Townsend, asked the Council to not eliminate funding for the summer programs. Sylvia Samaniego, 4410 Fir Street, requested that the Council find a solution for restoring funding for the Parks and Recreation Department. Bob Baker, Director of the Arts Center, thanked the Council for their efforts to restore the arts funding. Wilson Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas Plant and the effect of the plant to the water supply. Tony Hartwell spoke regarding complaints against the Animal Control Services Department. Mayor Adame requested a status report on the Animal Care Department operations. Mary Ann Kelly, 4302 Schanen, spoke regarding the quality of the City Council meetings on Channel 20. Carlos Torres, Corpus Christi Firefighters Association, spoke regarding the proposed 30% health insurance increase for firefighters. * **** * * ** * ** * Mayor Adame opened discussion on Item 15 regarding the Ingleside Local Redevelopment Authority (LRA) nominations and appointments. Mayor Adame explained that concerns were expressed by several council members regarding the Mayor not submitting his name for nomination for the LRA Implementation Board or Planning Board of Directors. Mayor Adame stated that if the Council concurred with the reconsideration, he is recommending Dr. Robert Furgason and himself be nominated to the LRA Implementation Board of Directors and appointed to the LRA Planning Board of Directors. Council Member Leal expressed concern that only elected officials should serve as representatives to the LRA. Ms. Leal made a motion to have Mayor Adame and Council Member Brent Chesney serve to represent the City. The motion died for lack of second. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 15.a. MOTION NO. 2009 -185 Motion to reconsider motions approved during the City Council meeting of June 23, 2009 regarding nominations to the new Ingleside Local Redevelopment Authority (LRA) Implementation Board of Directors and appointment to the Ingleside Local Redevelopment Authority (LRA) Planning Board of Directors. (Requires 2/3 vote for passage) The motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". -7- Minutes — Regular Council Meeting June 30, 2009 — Page 8 15.b. MOTION NO. 2009 -186 Motion nominating Mayor Joe Adame and Dr. Robert Furgason to the new Ingleside Local Redevelopment Authority (LRA) Implementation Board of Directors and also appointing them to the Ingleside Local Redevelopment Authority (LRA) Planning Board of Directors. The motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal was absent. Mayor Adame opened discussion on Item 14 regarding the establishment of the American Bank Center Arena Marketing /Co- Promotion Fund and guidelines. Assistant City Manager Margie Rose provided an overview of the funding and guidelines including the mission; objectives; fund uses; fund authorization; qualifying for funds; the funding source; and the evaluation period. Marc Solis, General Manager for SMG, was available to respond to questions. The following topics pertaining to this item were discussed: other cities that have a marketing /co- promotion program; concern that funding will be used for existing tenants or to renegotiation existing tenants; fund authorization by the 4A Board; the reason the funding authorization is not approved by the Council; the return on investment; street signage; marque for the facility; and the evaluation period. Council Member Scott requested that staff improve signage; traffic control; and landscaping issues at the American Bank Center. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 14. RESOLUTION NO. 028224 Resolution approving the establishment of the American Bank Center Arena Marketing /Co- Promotion Fund and the guidelines for the American Bank Center Arena Marketing /Co- Promotion Fund adopted by the Corpus Christi Business and Job Development Corporation. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney abstained; Kieschnick voting "No ". * **** * **** * ** Mayor Adame opened discussion on Item 16 regarding a presentation on the Economic Development Department (EDD) and Regional Economic Development Corporation (EDC) status updates. Director of Economic Development Irma Caballero introduced Patrick Wilshire and Emily Martinez with the Economic Development Office and President and CEO of the EDC Roland Mower who were available to respond to questions. Ms. Caballero referred to a powerpoint presentation including a background; the EDD staff; the vision; mission; city partners; public and private partners; duties; responsibilities; opportunities; timelines; council support; and the key work in progress. Mr. Mower referred to a powerpoint presentation including the Think Big Campaign; the three -prong strategy; Regional Opportunities Council (ROC); significant organizational changes; program transformations; the campaign summary; the economic development toolbox; tax abatement modernization, mechanics, and tiers; and the activity update. -8- Minutes — Regular Council Meeting June 30, 2009 — Page 9 The following topics pertaining to this item were discussed: considering the EDD for the zero based budget; lack of staffing; whether there is a plan in place to retain existing businesses; developing a skilled, educated workforce; the EDC code of ethical conduct and confidentiality statement; the City's ethics policy; 380 agreements; the assistance /incentives provided to Topaz Energy Group; whether incentives have been provided to Las Brisas; industrial district agreements; Freeport exemptions; and the Chapter 313 school district incentive program, Mayor Adame referred to Item 17 regarding civil lawsuits in costly graffiti cases. Assistant City Attorney Allison Logan stated that the Legal Department and the Corpus Christi Police Department Graffiti Task Force recommend the support of the City to file civil lawsuits against parents of minors who commit episodes of graffiti that prove to be costly to the City. Ms. Logan provided a background and history behind the efforts of the Graffiti Task Force and stated that lawsuits would only be filed in cases where damages are extreme. Police Commander Mark Schauer provided examples of graffiti damage to Bessar Park, Padre Island, North Beach, city parks, places of worship; schools; street signs and boxes; and local businesses. Commander Schauer also presented statistics on 2008 and 2009 graffiti arrests and removal. Graffiti Coordinator Deanna McQueen spoke regarding the outreach and support from the community. City Manager Escobar stated that the City already has the authority to file civil lawsuits and that staff is requesting the support from the community and the City Council. The following topics pertaining to this item were discussed: the definition of extreme damages; considering places of worship as extreme cases; whether the graffiti truck is able to remove graffiti from the second floor of buildings; the City's ability to file restitution if the courts do not; including schools as an extreme case; if juveniles and parents are notified of the consequences of defacing property; and the steps to take if your property has been tagged. Mayor Adame referred to Item 18 regarding the third quarter FY2009 Health and Risk Manager Claims Report. City Manager Escobar introduced the presentation team including Director of Human Resources Cynthia Garcia; Assistant Director of Human Resources Joan McKaughan; and Risk Manager Donna James - Spruce. Ms. Garcia referred to a powerpoint presentation including plan enrollment; medical and pharmacy expenses; total medical and pharmacy expenses by subscriber; cost per employee performance; health plan actual expenses; annual budget versus 3"' quarter actuals; workers' compensation; general liability; and vehicle accidents. The following topics pertaining to this item were discussed: the increase from FY2008 in the cost per employee performance; the proposed increases in premiums for the next fiscal year; discussions with the union representatives to merge the health plans; the increase in claims and expenses; alternative delivery systems including the health care clinic; health care savings account (HSA); re- evaluating the City's contract with Humana; workers' compensation increases; the plan and approach to meet with the police and fire union representatives to resolve the health plans issues to implement in FY2011; cost of insurance for retirees; the condition of the fire plan; developing options to address GASB45 and providing a breakdown to address the unfunded liability in two months; and the actuarial recommendation. Mayor Adame opened discussion on Item 19 regarding the proposed FY2009 -2010 Operating Budget: Internal Service, Special Revenue, and Debt Service Fund Overview. Assistant Budget Director Eddie Houlihan introduced the presentation team including Interim Assistant City Manager Cindy O'Brien and Interim Director of Finance Constance Sanchez who were available to respond to questions. Mr. Houlihan referred to a powerpoint presentation of the Internal Service -9- Minutes — Regular Council Meeting June 30, 2009 — Page 10 Funds including the major revenues and expenditures by function for the Stores Fund; Maintenance Services; Municipal Information Systems (MIS); Engineering Services; and the Liability and Employee Benefits Funds. Ms. O'Brien provided information on the Special Revenue Funds including the types of funds; the full -time equivalents; the Special Revenue Funds expenditures by function; and the major revenues and expenditures by function for the Hotel Occupancy Tax, Development Services; the Visitors Facility Fund. Ms. Sanchez provided a brief overview of the Debt Service Fund including the debt service obligations; the revenues and expenditures; the outstanding principal balances by debt type and total; the debt service by type; and the total debt service. The following topics pertaining to this item were discussed: an update on the amenities for the Reinvestment Zone No. 2 Packery Channel; the 4A Board approved seawall projects; agency contributions; the payment of debt services obligations; the adjustments made to the budget for the Convention and Visitors Fund, the liability on the health plans, and reserve funds; and the status from the Texas General Land Office (GLO) on the parking lot at Packery Channel. Council Member Scott requested an update on the Packery Channel improvements. ** * ** * * * * * * ** There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 5:17 p.m. on June 30, 2009. * * .e * * * * * * * * * _10- MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 7, 2009 - 10:00 a.m. PRESENT Mayor Joe Adame Mayor Pro Tem Kevin Kieschnick Council Members: Chris N. Adler Brent Chesney Larry Elizondo, Sr. Priscilla Leal John Marez Nelda Martinez Mark Scott City Staff: City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Minister Todd Collier with Arlington Heights Church of Christ and the Pledge of Allegiance to the United States flag was led by Council Member Brent Chesney. 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 Adame called for approval of the minutes of the retreat Council meeting of June 2, 2009. A motion was made and passed to approve the minutes as presented. * * * * * * **...* Mayor Adame called for petitions from the audience. Eloy Soza, 104 Buccaneer, spoke regarding the "Greatest Generation Award" presented by the Mayor's Council on Aging and cost of the nomination fee. Jack Gordy, 4118 Bray Drive, spoke regarding the work performed by the Street Department and placing grass and dirt into the storm sewer system. Carolyn Moon, 4902 Calvin, thanked City Secretary Chapa for quickly responding to her request over the weekend for a copy of the agenda summary. Drue Combs, 4100 Colony Drive, asked the Council to consider restoration of the Sister City budget. Tim Dowling, 8017 Villefranche, requested that the Council restore or consider fully funding the Sister City budget. Don Cudd, 6505 Pharaoh Drive, spoke regarding a decision by the Park and Recreation Advisory Committee (PRAC) to move a disc golf course from Lamar Park to South Bluff Park and boards and commission complying with the open meetings act. Director of Parks and Recreation Sally Gavlik stated that this item has not been presented to the PRAC board. Mariah Boone, 710 Ponder Street, spoke regarding health issue concerns if pollution is increased by the Las Brisas Plant. Ann Smith, 1005 Meadowbrook, spoke in opposition to the Las Brisas Plant. Colin Sykes, 309 Aberdeen, spoke in protest to the proposal to building the Las Brisas Plant. Louis Hoelscher, 4429 Congressional Drive, spoke regarding the 24 -hour dispatch number for utility problems and stated that if there is not an operator or dispatcher to answer callers, an answer machine should be made available. Joan Veith, 5701 Cain Drive, asked the Council to not make decisions that would affect the firefighter and police officers retirement plans. Amanda Stukenburg asked the Council to reconsider cutting the funding for the Parks and Recreation Department. Ray Govett, 4146 Harry Street, asked whether Item 7, Zoning Case No. 0509 -01, Paul Sutherland & Adan Pruneda, was withdrawn. City Manager Escobar stated that Item 7 was withdrawn. Mr. Govett asked the Council to enforce the single - family district zoning and spoke regarding the traffic hazards on the property. —11— Minutes — Regular Council Meeting July 7, 2009 — Page 2 Hunter Young, Chairman of the Park and Recreation Advisory Committee, spoke regarding the budget cuts to the Park and Recreation fund. Ron Woods, 5113 Merganser, asked the Council to consider additional funding for the Parks and Recreation Department. Carlos Haney, 335 Peerman, asked the Council to fully restore the budget for the summer youth programs and maintenance for parks. Carrie Robertson, 4401 Gulfbreeze Boulevard, spoke regarding the trash situation on North Beach and stated that cutting the budget would make the situation worse. Kyle Garrison, 15401 A- Cruiser Street, spoke regarding vandalism of lifeguard stands on the beach. Lonnie Garcia, 917 Oak Park Ave, spoke regarding providing better benefits for police and firefighters. Chrisela Torres, 4629 Moravian, spoke regarding budget cuts for recreation centers. Danny Noyola, Jr., 4132 Kevin, asked the Council to provide additional resources to fund the Park and Recreation department. Sonia Noyola, 4410 Acushnet, spoke regarding the summer youth programs and stated that cutting this program would diminish the goals of the City. Danny Noyola, Sr., 4410 Acushnet, asked the Council to find a solution to fund the Park and Recreation department, especially the summer youth programs, and consider minimizing consultant fees. Ron Hamilton, 3636 S. Alameda, asked the Council to take action to address the Las Brisas issue during a city council meeting. Mike Staff, President of the Corpus Christi Police Officers Association, spoke regarding GASB45 and the health insurance premium increases. Council Member Chesney requested background information on GASB45 including the funding, who requires the funding and how much funding is being considered. Mr. Chesney also requested information on the actual claims history for the City. Council Member Kieschnick asked that the information on GASB45 also include what other cities are currently doing. J.E. O'Brien, 4130 Pompano, spoke regarding changing the fiscal year and the fund balances. Rudy DeLeon, 263 Solidad, spoke regarding the City funding GASB45. Rolando Garza spoke regarding the consequences of funding GASB45. Carlos Torres, President of the Corpus Christi Firefighters Association, spoke regarding issues with the Human Resources Department and the health insurance increases. Jesse Molina, 4314 Leonard, asked the Council to reconsider cutting the funding for the Park and Recreation summer programs. * * * • * ** :t • * * * * 7. WITHDRAWN BY APPLICANT Professional Office District to a "B 1" Neighborhood Business District resulting in a change of land use from office to business on- property dcscribcd as Alameda Park, Block 7, Lot 1 (WITHDRAWN BY APPLICANT) Mayor Adame referred to Item 8, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0509 -04, Williard H. Hammonds, Individually, and as Independent Executor of the Estate of Jeannine D. Hammonds: A change of Zoning from an "A -1" Apartment House District and an "A -2" Apartment House District to a "B-4" General Business District on property described as 1.007 acre tract of land out of Lot F -2, Wilkey Addition Unit 2, generally located south of South Padre Island Drive, west of Airline Road, north of Williams Drive, and east of East Manor Drive. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "B-4" General Business District. -12- Minutes — Regular Council Meeting July 7, 2009 — Page 3 No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mr. Chapa polled the Council for their votes as follows: 8. ORDINANCE NO. 028228 Amending the Zoning Ordinance, upon application by Willard H. Hammonds, Individually, and as Independent Executor of the Estate of Jeannine D. Hammonds, by changing the Zoning Map in reference to a 1.007 acre tract of and out of Lot F -2, Wilkey Addition Unit 2, from "A -1 " Apartment House District and "A -2" Apartment House District to a "B-4" General 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". e* w +* x+ w w a• x> Mayor Adame referred to Item 2 and the following board appointments were made: Arts and Cultural Commission JoAnna Benavides- Franke (Appointed) David Brian Watson (Appointed) Alene Burch (Appointed) C.C. Business and Job Development Corporation Butch Escobedo (Reappointed) Brad Lomax (Reappointed) Landmark Commission Kris Cardona (Appointed) Kim Charba (Appointed) Susan Ashley Kesler (Appointed) Cable Communications Commission Carolyn Moon (Reappointed) Stephen R. West (Reappointed) Human Relations Commission Robert Adler (Reappointed) Lucy Reta (Reappointed) Edna Arredondo (Reappointed) Robert J. Bonner (Reappointed) Jacob Sendejar (Reappointed) Toni Cole Davis (Appointed) Eric Holguin (Appointed) Mariah Howard (Appointed) Ramiro Gamboa (Reappointed as Chairperson) Mayor Adame called for consideration of the consent agenda (Items 3 - 6). Ms. Carolyn Moon requested that Item 5 be pulled for individual consideration. Council Member Leal requested that Item 6 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2009 -187 Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG -9-4 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $219,083.19, of which $18,256.93 is required in FY 2008 -2009. The terms of the contracts shall be for six months with options to extend for up to three additional months, subject to the approval of the Coastal Bend Council of -13- Minutes — Regular Council Meeting July 7, 2009 — Page 4 Governments, the suppliers, and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY 2008 -2009 and have been requested for FY 2009 -2010. LaBatt Food Service Corpus Christi, Texas 152 Items $91,883.27 Performance Food Group Victoria, Texas 91 Items 127,199.92 Grand Total: $219,083.19 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". RESOLUTION NO. 028225 Resolution authorizing the City Manager or his designee to execute an agreement with Del Mar College for use of the College's training field and the Police Department's firing range. The foregoing resolution was passed and approved with the following vote' Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 5 regarding an Interlocal Agreement with the Port of Corpus Christi Authority to jointly fund gas and water line adjustments and relocations for the Joe Fulton International Trade Corridor Project. Carolyn Moon, 4902 Calvin, stated that the City should wait to fund the gas and water line adjustments and relocation until the economy improves. Director of Engineering Pete Anaya explained that the Port is in the process of widening the Joe Fulton Corridor and the water line needs to be moved. Mr. Anaya added that the Port is paying 50% of the relocation costs. City Secretary Chapa polled the Council for their votes as follows: 5. RESOLUTION NO. 028226 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement and related documents with the Port of Corpus Christi Authority of Nueces County, Texas ( "POCCA ") to jointly fund gas and water line adjustments and relocations for Joe Fulton International Trade Corridor Project — Phase II. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 6 regarding a lease agreement with the Texas Commission on Environmental Quality (TCEQ) for two air monitoring sites. Council Member Leal asked questions regarding the types of volatile organic compounds monitored and the location of the monitoring sites. Director of Parks and Recreation Sally Gavlik stated that she would provide that information on the compounds monitored by TCEQ. Ms. Gavlik said the sites were located at Oak Park and Bayview Park. In response to Council Member Leal, a citizen, Carolyn Moon reported that TCEQ does not monitor carbon dioxide. City Secretary Chapa polled the Council for their votes as follows: 6. ORDINANCE NO. 028227 Authorizing the City Manager or his designee to execute a five -year lease agreement, with a five year renewal option, at the City Manager's, or designee's, discretion, with the Texas -14- Minutes — Regular Council Meeting July 7, 2009 — Page 5 Commission on Environmental Quality for two air monitoring station sites at Oakpark Park and Bayview (H.J. Williams) Park; providing for publication. (First Reading 06/09/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. Mayor Adame announced that Item 9 was withdrawn by staff. 9. WITHDRAWN (WITHDRAWN BY STAFF) * +xw x x f•wwwxx Mayor Adame referred to Item 10, and a motion was made, seconded and passed to open the public hearing on the following special budget public hearing: 10. Public Hearing on the Proposed FY 2009 -2010 Operating Budget. This budget will raise more total property taxes than last year's budget by $2,971,452 (General Fund $1,801,926, Debt Service Fund $989,600, and Special Revenue $179,926), or 4.1%, and of that amount, an estimated $1,910,359 is tax revenue to be raised from new property added to the tax roll this year. This additional amount is due entirely to increases in property tax valuations and new property added to the tax roll and NOT to any increase of the current tax rate of $.563846. Assistant City Manager Oscar Martinez announced that staff is recommending deferring the storm water rate for at least six (6) months to allow for public input and to allow time to review model charges. Assistant Director of Budget Eddie Houlihan referred to a powerpoint presentation including the fund balance and highlights of the general fund, enterprise fund, internal service fund, special revenue fund and the debt service fund; the council directed budget amendments; the tax rate adoption calendar; issues to address in FY2010; and the budget calendar. Mayor Adame called for comments from the audience. Bill Kopecky, 3609 Topeka, spoke regarding the City not having a charter amendment election next fiscal year and the issue of the internal auditor position. J.E. O'Brien, 4130 Pompano, spoke regarding the issuance of revenue bonds; the increase for wastewater utilities; and the storm water utility rate. Hunter Young, 301 Country Club, spoke regarding funding park and recreation programs and considering the beach parking permits as a revenue source. Carolyn Moon, 4902 Calvin, stated that she would rather pay more taxes than reduce important city services. Huxley Smith, 1930 Thames, suggested twice a week garbage pickup during hurricane season. Mike Staff, President of the Corpus Christi Police Officers Association, spoke regarding GASB45 and meetings between the labor organizations and city staff. Sylvia Samiango, 4410 Fir, spoke regarding funding for the park and recreation programs and providing basic services. -15- Minutes — Regular Council Meeting July 7, 2009 — Page 6 The following topics pertaining to this item were discussed: the storm water rate; options for changing the budget cycle; funding a full time municipal court position to maintain current levels; summer youth programs; the sister city fund; property appraisals; once a week garbage collection; the municipal solid waste service charge to commercial customers; where the funding came from to restore the arts program funding; foregoing the charter election for this year; GASB45; Development Services transfer to the general fund; the number of cases in municipal court; increasing parking fines to fund summer youth programs; reduction of staff travel; the amount to fully fund recreation centers; the National League of Cities response to GASB45; development services staffing versus services provided over the last five (5) years; the charge for an extra trash can; seawall expenditures; revenue from beach parking permits; whether the Lyondell payment was budgeted; process to accept and record donations from the public to fund departments; finding additional revenue sources for funding the arts or park and recreation including the HEB coupon; code enforcement problems; the status of the overdue liens; and beach cleaning. Council Member Marez requested that staff explore funding for a full time municipal court position and maintaining the summer programs and sister city committee. Council Member Kieschnick stated that he would like to see a solution to funding the summer youth programs. Council Member Chesney requested information on the water rate comparisons and a list of capital improvement projects. * * * * * * * ** ** * * Mayor Adame referred to Item 11 regarding the Corpus Christi Convention and Visitors Bureau Quarterly Report. Keith Arnold, CEO of the Convention and Visitors Bureau, referred to a powerpoint presentation including the top 10 events of 2009; convention, sports sales, and services; consumer tradeshows; pictures from the Texas Society of Association Executives (TSAE) and the Southwest Showcase; tourism and media advertising; nature tourism initiatives; the Blucher Park enhancements; the logo for Texas Coastal Bend; return on investment items; the 2009 economic impact study; the website; kiosks; and newsletters. The following topics pertaining to this item were discussed: increased tourism due to advertising campaigns and the promotion of the galaxy kiosks. * * * * * * * * * * * ** Mayor Adame called for the City Manager's report. City Manager Escobar referred to a powerpoint presentation on the status of the City Council 2009 -2011 goals including the logos; the guiding principles in plan development; the economic development strategic plan; coliseum plan; development process improvement; support of public safety; the Garwood water plan; street planning; community pride; and sustainability and renewable energy. Mr. Escobar also provided a timeline of plan elements to address the status of the goals. The following topics pertaining to this item were discussed: the implementation of the electronic project management process using the CCISD bond program as a pilot project; master plan updates; the staffing study for fire and police; whether the Garwood Water plan will be shovel ready within two years; the cost for the Garwood plan; and the salary for the Clean City/Pride position. Council Member Scott directed staff to include the master plan updates as an action plan for improving development services infrastructure. -16- Minutes — Regular Council Meeting July 7, 2009 — Page 7 Mr. Scott made a motion directing staff to take the necessary action to change the Garwood Water Plan to be shovel ready within three (3) years and provide the Council with the action that will be achievable within two years. The motion was seconded by Mr. Chesney. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. Council Member Martinez suggested that the City Manager report to the Council with an update of the goals semi - annually or quarterly. City Manager Escobar stated that an update will be provided monthly in the City Manager's report and a presentation will be provided on a quarterly basis. * * *** * * * * ** ** There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 4:27 p.m. on July 7, 2009. -17- 2 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 07/14/2009 AGENDA ITEM: Ordinance amending Ordinance 028190 authorizing the transfer of $100,000 from the No. 1020 General Fund and appropriating it in the No. 1061 Police Grants Fund as the grant match for the FY 07 Public Safety Interoperable Communications (PSIC) Grant Project to be used for the enhancement of voice interoperability on the 800 Mhz radio system, and declaring an emergency. ISSUE: The matching funds required of the grant must be transferred into Fund 1061 during FY 2009. BACKGROUND: The original grant acceptance and appropriation of funds ordinance was approved by City Council on 05/26/2009. It stated that the matching funds were to come from the Police and Fire FY 2009 budgets, but did not include the authorizing transfer of funds for the grant match. City Council must authorize any transfers of monies between funds. REQUIRED COUNCIL ACTION: Approval of the ordinance PREVIOUS COUNCIL ACTION: Ordinance appropriating the grant funds on 05/26/2009. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance. Attachments —21— M. J. Walsh Acting Chief of Police mike @cctexas.com 886 -2605 AN ORDINANCE AMENDING ORDINANCE 028190 AUTHORIZING THE TRANSFER OF $100,000 FROM THE NO. 1020 GENERAL FUND AND APPROPRIATING IT IN THE NO. 1061 POLICE GRANTS FUND AS THE GRANT MATCH FOR THE FY 07 PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS (PSIC) GRANT PROJECT TO BE USED FOR THE ENHANCEMENT OF VOICE INTEROPERABILITY ON THE 800 MHZ RADIO SYSTEM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That amending Ordinance 028190 authorizing the transfer of $100,000 from the No. 1020 General Fund and appropriating it in the No. 1061 Police grants Fund as the grant match for the FY 07 Public Safety Interoperable Communications (PSIC) Grant Project to be used for the enhancement of voice interoperability on the 800 Mhz radio system. 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 June, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: June 30, 2009 T. Trisha D Assistant City Attorney For City Attorney —22— 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 Joe Adame Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott —23— 3 AGENDA MEMORANDUM DATE: July 14, 2009 SUBJECT: J. C. Elliott Landfill /Cefe Valenzuela Landfills — Groundwater Monitoring & Sampling (Project #5206) AGENDA ITEM: a. Motion authorizing the City Manager, or his designee, to execute a geotechnical services agreement with Kleinfelder, Inc. of Corpus Christi, Texas in an estimated amount not to exceed $182,500.00 for the J. C. Elliott Landfill Groundwater Monitoring and Sampling Agreement - 2010. b. Motion authorizing the City Manager, or his designee, to execute a geotechnical services agreement with Kleinfelder, Inc. of Corpus Christi, Texas in an estimated amount not to exceed $291,900.00 for the Cefe Valenzuela Landfill Groundwater Monitoring and Sampling Agreement - 2010. ISSUE: The Texas Commission of Environmental Quality (TCEQ) requires groundwater sampling and monitoring to be undertaken in accordance with the approved Groundwater Sampling and Analysis Plan (GWSAP). RECOMMENDATION: Approval of the motion as presented. Lawrence Mikolajczyk Director of Solid Waste Services 361- 826 -1972 lawm acctexas.com Attachments: a. Additional Information b. Contract Summary c. Site Map Pete Anaya, P.E. Director of Engineering Services 361- 826 -3781 petea n (a) cctexas. co m H:\ HOME\K EVINS \GENVANDFILL \GWSAP\2010\LabAW DMemo.doc —27— ADDITIONAL INFORMATION BACKGROUND: TCEQ requires the installation and monitoring of groundwater monitoring wells around solid waste landfills. TCEQ regulations require groundwater monitoring continue in accordance with the Groundwater Monitoring and Sampling Plan approved TCEQ Landfill Permit for Cefe Valenzuela Landfill. Monitoring is required for the operational life of the landfill and for a period of thirty (30) after final closure. The monitoring is to ensure there is no migration of leachate off the landfill site. Landfill cells are designed to prevent the flow of groundwater into and out of disposal cells. Modern disposal cells are constructed with liners and leachate collection system to allow any water to be collected for treatment. J. C. ELLIOTT MONITORING CONTRACT There are seventeen (17) groundwater monitoring wells located at J. C. Elliot Landfill. The Groundwater Sampling and Analysis Plan (revised March 5, 2002) sets for the sampling requirements and procedures sampling and analysis. The GWSAP requires semi - annual detection monitoring of the groundwater wells. Quarterly background monitoring of unfiltered metals for all wells will also be conducted. Continuation of detection monitoring during the performance period will include two monitoring events in January 2010 and July 2010 for previously existing wells, MW -01 to MW -09, and MW -11 to MW -18. . Sampling of the existing 17 -well system is based on the current constituent list ( GWSAP Revision 6, October 21, 2005). This activity will be in accordance with established sampling procedures and will comply with the new GWSAP (except for the constituents) and the TCEQ position paper. During the detection monitoring events, background sampling will be conducted for constituents in new wells and wells that will be retained in the future monitoring network. The new permit specifies sampling TCEQ- required constituents (fifteen metals plus volatile organics). Background monitoring for these constituents in new and existing wells is required, and will commence after well and pump installation is complete. Background sampling will be restricted to the 14 new wells and the 9 existing wells that will comprise part of the future monitoring network (MWs 1, 2, 4, 5, 7, 12, 16 -18). The new monitoring system will comprise a total of 23 wells. The projected sampling dates during the performance period are October 2009, and January, April, July 2010. Kleinfelder will conduct the January and July 2010 quarterly background sampling events concurrent with detection monitoring, and the associated costs are included with the above detection monitoring scope. The twenty -three wells comprising the new system will be sampled only for the constituents listed in the 2008 GWSAP in October 2009 and April 2010. EXHIBIT "A" —28— Page 1 of 3 Kleinfelder will prepare an Annual Report for the 2009 calendar year. We will transmit 4 copies to the City and 3 copies to the TCEQ. The contract summary for J. C. Elliott Monitoring is attached. See Exhibit B -1. CEFE VALENZUELA MONITORING CONTRACT: There are twenty three (23) groundwater monitoring wells located at Cefe Valenzuela Landfill. An additional thirteen (8) wells are being installed around the perimeter road of Area 1 in order to achieve a 600 -foot spacing. The additional wells will achieve the new TCEQ spacing requirement and to comply with the approved Plan. The new wells installation is included in the proposed contract. Table 1 Planned 2009 Sampling Schedule Wells August 2009 November 2009 February 2010 May 2010 Existing Detection, Background -18 wells Background — 18 wells Detection, Background —18 wells Background - 18 wells New Background — 5 wells Background — 5 wells Background -13 wells Background —13 wells Total 23 wells 23 wells 31 wells 31 wells Four sampling events for landfill monitor wells will be conducted on quarterly intervals. These events will include combinations of detection monitoring for currently approved constituents, and background monitoring for new constituents required by TCEQ (a total of fifteen metals plus volatile organics). Both new and existing wells will be sampled for these new constituents. Kleinfelder will install and develop up to 8 new wells if the pending revisions to the Groundwater Sampling and Analysis Plan (GWSAP) are approved by TCEQ. These will be located around the perimeter road to achieve TCEQ's 600 -foot spacing requirement. Kleinfelderwill install dedicated pumps in new wells. Kleinfelderwill continue quarterly methane monitoring. The Groundwater Sampling and Analysis Plan sets for the background and detection monitoring requirements and procedures for sampling and analysis. Background and monitoring events will occur concurrently to reduce field charges that will be incurred by the City. The Groundwater Plan requires semi - annual detection monitoring of the groundwater wells. Quarterly background monitoring of unfiltered metals and methane for all wells will also be conducted. Reports of the monitoring events will be prepared for the City with copies for TCEQ. The contract summary is attached. See Exhibit B -2. PRIOR COUNCIL ACTION: Approval of the FY2008 -2009 Annual Budget, Ordinance No. 027776. CONSULTANT SELECTION: Kleinfelder, Inc. is extremely familiar with the J. C. Elliot Landfill. This firm has provided geotechnical and laboratory services at J. C. Elliott Landfill for several years. Sampling —29— Page 2 of 3 EXHIBIT "A" Ht\ HOME \KEVINS\GFN \LANDFILL \GWSAP\701011 ahAWORKC. FXA Ana collection will be done by the local Kleinfelder office. Their Waco office will perform the specific laboratory tests required and compile the required analysis reports for TCEQ. Kleinfelder has been active in the construction of disposal cells and the installation of the monitoring wells. They are thoroughly familiar with TCEQ landfill regulations. FUNDING: Funding is subject to adoption of the FY2009 -10 Budget. Funding is available from the proposed FY2009 -10 Solid Waste Operating Budget. EXHIBIT "A" —30— Page 3 of 3 L141JI1 \IC,VC% /Ike r L111 .ALVICII 1 1n'AgeAA11n4AtI _LI IA/1,0 /% wn J -- CONTRACT SUMMARY J.C. Elliott Landfill SCOPE OF BASIC SERVICES Performance Period The services proposed herein will be performed from August 1, 2009 to July 31, 2010. Detection Monitoring The recent position paper by the TCEQ states that detection monitoring must be continued in existing monitoring networks until new wells are installed and background sampling for new wells and constituents has been completed. Continuation of detection monitoring during the performance period will include two monitoring events in January 2010 and July 2010 for previously existing wells, MW -01 to MW -09, and MW -11 to MW -18. . Kleinfelder proposes to sample the existing 17 -well system for the current constituent list (GWSAP Revision 6, October 21, 2005). This activity will be in accordance with established sampling procedures and will comply with the new GWSAP (except for the constituents) and the TCEQ position paper. During the detection monitoring events, Kleinfelder will also conduct background sampling for new constituents in new wells and wells that will be retained in the future monitoring network. Kleinfelder will prepare an Annual Report for the 2009 calendar year. We will transmit 4 copies to the City and 3 copies to the TCEQ. The anticipated due date is late December 2009. The estimated cost of this activity is $ 109,600.00. Background Monitoring The new permit specifies sampling TCEQ- required constituents (fifteen metals plus volatile organics). Background monitoring for these constituents in new and existing wells is required, and will commence after well and pump installation is complete. Background sampling will be restricted to the 14 new wells (MWs 19 -32) and the 9 existing wells that will comprise part of the future monitoring network (MWs 1, 2, 4, 5, 7, 12, 16 -18) The projected sampling dates during the performance period are October 2009, and January, April, July 2010. Kleinfelder will conduct the January and July 2010 quarterly background sampling events concurrent with detection monitoring events, and the associated costs are included with the above detection monitoring scope. The twenty -three wells comprising the new system will be sampled only for the constituents listed in the 2008 GWSAP in October 2009 and April 2010. The estimated cost for the 2 quarters of background sampling that will be conducted separately from detection monitoring is $ 50,100.00. Verification Sampling Historically, apparent statistically significant changes have occurred for one or more constituents in one or more wells. Kleinfelder will evaluate detection monitoring data after each event to determine if statistically significant changes have occurred. In the event that such Exhibit B -1 Page 1 of 3 —31— changes have occurred, Kleinfelder will notify the TCEQ in accordance with the requirements, and conduct verification sampling of those wells in which SSCs occurred. The proposed budget includes one verification re- sampling per detection monitoring event (two annually) if required. The estimated cost for this activity is $ 13,800.00. Methane Monitoring Kleinfelder will conduct quarterly methane monitoring at the J. C. Elliott landfill. Data will be transmitted via letter report to the City. The estimated cost for this activity is $ 4,000.00 Other Consulting Services Kleinfelder has been called upon to lend its expertise in a number of matters related to groundwater monitoring and permitting at the J. C. Elliott Landfill. We have included in this proposal a limited "on -call" budget for these services that will be expended as requested by the City. In addition, this budget can be expended for unforeseen project conditions with approval from the City. The allowed cost for these services, if required, is $ 5,000. Assumptions and Exclusions 1. For detection and background monitoring of new wells, we have assumed that low -flow sampling (micro - purge) methods are appropriate and feasible. Insofar as the performance of new wells is unknown, we have assumed that well yield and parameter stabilization will allow us to sample at a rate of 3 wells per day. The costs do not include rental of purge pumps for standard purging if low -flow methods are not feasible. 2. Three quarters of sampling will occur in 2010. Preparation of the 2010 annual report is not included as this will fall outside the contract period. 3. It is assumed the purged water from monitor wells can be disposed of on -site as in the past. Costs for other disposal are not included. 4. Costs for delays due to weather or other unforeseen circumstances are not explicitly included in the cost estimate. Kleinfelder will attempt to cover the costs of such circumstances within the existing budget to the extent possible, but reserves the right to request change orders if necessary. 5. Costs for verification re- sampling are based on the following assumptions: 1) one re- sampling event per detection monitoring event lasting 2 days; 2) Analyses each event include 5 metals and 1 volatile sample. Cost for additional sampling and planning and implementing assessment monitoring, if necessary, are not included. 6. The cost for other consulting services is for approximately 1 week of a senior staff member. ADDITIONAL SERVICES The following services are not included in the Basic Services and will be considered as Additional Services, if required or requested: • Meetings /interviews other than those described in the Basic Services. • The services of specialty subconsultants or other special outside services other than those described in Basic Services. • Any other services not specifically included in Basic Services. DELIVERABLES —32— Exhibit B -1 Page 2 of 3 Four signed, bound copies of the 2009 annual report transmitted to the City of Corpus Christi and three copies will be submitted to the TCEQ. One copy of the letter report for methane monitoring will be transmitted quarterly to the City. COMPENSATION Kleinfelder proposes to perform the Basic Services on a Time and Materials basis for $182,500. This amount will not be exceeded without prior approval. The Client and Kleinfelder may subsequently agree in writing to provide for additional services to be rendered under this agreement for additional, negotiated compensation. Exhibit B -1 Page 3 of 3 —33— CONTRACT SUMMARY Cefe Valenzuela Landfill SCOPE OF BASIC SERVICES Performance Period The services proposed herein will be performed from August 1, 2009 to July 31, 2010. Project Summary Kleinfelder will conduct four sampling events for landfill monitor wells on quarterly intervals. These events will include combinations of detection monitoring for currently approved constituents, and background monitoring for new constituents required by TCEQ. Both new and existing wells will be sampled for these new constituents. Kleinfelder will install and develop up to 8 new wells if the pending revisions to the Groundwater Sampling and Analysis Plan (GWSAP) are approved by TCEQ. These will be located around the perimeter road to achieve TCEQ's 600 -foot spacing requirement. Kleinfelder will install dedicated pumps in new wells. Kleinfelder will continue quarterly methane monitoring. Detection Monitoring The recent position paper by the TCEQ states that detection monitoring must be continued in existing monitoring networks until new wells are installed and background sampling for new wells and new constituents has been completed. Continuation of detection monitoring during the performance period will include two monitoring events in August 2009 and February 2010. Kleinfelder will sample the existing 18 -well system for the current constituent list (GWSAP;- Revision 1, February 5, 2007). Background sampling for new constituents in existing wells will commence in August (under the assumption that permit revisions are approved) and will be conducted concurrently with the detection monitoring event. Background sampling for new constituents in newly installed wells will be conducted concurrently, as wells are installed. The planned sampling schedule is presented in Table 1. The estimated cost of this activity is $93,500. Table 1 Planned 2009 Samplinst Schedule Wells August 2009 November 2009 February 2010 May 2010 Existing Detection, Background -18 wells Background — 18 wells Detection, Background —18 wells Background - 18 wells New Background — 5 wells Background — 5 wells Background - 13 wells Background —13 wells Total 23 wells 23 wells 31 wells 31 wells Exhibit B -2 Page 1 of 3 —34— Backgrc id Monitoring The c- osed Groundwater Sampling and Analysis Plan :that was recently submitte. TCEQ the TCEQ- required constituents (fifteen metals'wtuswiolatile organics). "6aL Ind m� ;[oring for these constituents in new and existing wells is "required. Sampling fa constituent$ in existing wells will commence after approval of the Groundwatw Sampling ano Analysis Rim (GWSAP). Sampling for these constituents in wells will commend after well end pump installation is complete. Presently, we anticipate that 5 planned wells (MWs410 -44) will be installed around the south side of the leachate pond before this contract period begins. We anticipate that 8 new monitor wells (MWs 15 -19, 45-47) will be around Unit 1 by February, 2010. The latter wells are being installed to achieve the new spacing requirement and Frosts for background sampling are included in the contract for well installation. The planned background -only sampling dates during the performance period are November, 2009 and May 2010 (Table 1). The estimated cc • for the background -only sampling events is $ 70,100. 2009 Annual Rep:: t Kleinfelder will prepare the annual report for the 2009 groundwater monitoring in accordance with TCEQ requirements in the regulations and the Groundwater Sampling and Analysis Plan. This report is due 90 days after the last sampling event and is presently estimated for submittal in mid January, 2010. Kleinfelder will transmit 4 copies of the report to the City of Corpus Christi and 3 copies to the TCEQ. The estimated cost of this activity is $ 8,800.00. Verification Re- sampling Detection monitoring will be implemented in this contract period. After each event, Kleinfelder will evaluate detection monitoring data after each event to determine if statistically significant changes (SSC) have occurred. In the event that such changes have occurred, Kleinfelder will notify the TCEQ in accordance with the requirements, and conduct verification sampling of the well in which SSCs occurred. The proposed budget includes verification re- sampling for one well per detection monitoring event (two annually) if required. The estimated cost for this activity is $ 8,600.00. Methane Monitoring Kleinfelder will conduct quarterly methane monitoring at the Cefe Valenzuela Landfill. Data will be transmitted via letter report to the City. The estimated cost for this activity is $ 4,200.00. New Well and Pump Installation The proposed modification of the Groundwater Sampling and Analysis Plan includes 8 new wells that will be installed around the perimeter road of Area 1 in order to achieve the 600 -foot spacing requirement. Kleinfelder will contract a qualified drilling company and direct the installation of the new wells. Following installation Kleinfelder will develop the wells and prepare a documentation package Exhibit B -2 Page 2 of 3 —35— for submittal to the TCEQ. Kleinfelder will prepare specifications for pump fabrication and will install dedicated pumps in the new wells. The estimated cost of this activity is $101,700. Other Consulting Services Kleinfelder has been called upon to lend its expertise in a number of matters related to groundwater monitoring and permitting at the Cefe Valenzuela Landfill. We have included in this proposal a limited "on -call" budget for these services that will be expended as requested by the City. In addition, this budget can be expended for unforeseen project conditions with approval from the City, or for project review by senior staff in Kleinfelder. The allowed cost for these services, if required, is $ 5,000. Assumptions and Exclusions 1. The proposed modifications to the Groundwater Sampling and Analysis Plan will be approved in 2009. 2. Five (5) new wells around the perimeter of the leachate collection pond are installed and developed before August 1, 2009. 3. Eight (8) new wells around the perimeter road are installed and developed by February 1, 2010. 4. Sampling labor estimates are based on sampling an assumed 3 wells per day. During the performance period, we anticipate changes in methods in addition to the installation of new wells whose yield and stabilization characteristics are unknown. The assumed sampling rate may or may not be realized. 5. The proposed cost is based on an assumed average depth of wells and historical pump costs. Pump configuration is dependent upon the final depth of the well below top of casing, which is unknown for new wells at this time. 6. Costs for verification re- sampling allow for 1 day and the analysis of 1 sample (i.e. 1 well) for a complete suite of analytes. 7. The cost for other consulting services is for approximately 1 week of a senior staff member. ADDITIONAL SERVICES The following services are not included in the Basic Services and will be considered as Additional Services, if required or requested: • Meetings /interviews other than those described in the Basic Services. • The services of specialty subconsultants or other special outside services other than those described in Basic Services. • Any other services not specifically included in Basic Services. DELIVERABLES Four signed, bound copies of each of the reports will be prepared and transmitted to the City of Corpus Christi. In addition, we will submit three reports for each reportable event to the TCEQ. COMPENSATION Kleinfelder proposes to perform the Basic Services on a Time and Materials basis for $ 291,900. This amount will not be exceeded without prior approval. The Client and Kleinfelder may subsequently agree in writing to provide for additional services to be rendered under this agreement for additional, negotiated compensation. Exhibit B -2 Page 3 of 3 -36- File: \ Mproject \councilexhibits \exh5206.dwg J.C. ELLIOTT LANDFILL LOCATION MAP J.C. ELLIOTT LANDFILL - GROUNDWATER MONITORING & SAMPLING -37- CITY COUNCIL EXHIBIT AEOOREGERT RCDEPR MNT FNINEING SERVICES PAGE: 1 of 1 DATE: 07 -07 -2009 as, immi 4 AGENDA MEMORANDUM DATE: July 14, 2009 SUBJECT: Resaca Litt Station Upgrade (Project No. 7447) CIP NO. WW 33 SUBJECT: Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with LNV Engineering from Corpus Christi, Texas in the amount of $141,520, for Resaca Lift Station Upgrade for preliminary design phase, design phase, preparation of construction documents, bid phase, and construction phase services, and additional services. ISSUE: The project provides for engineering and design for the reconstruction and upgrade of the Resaca Lift Station from 20 Million Gallons per Day (MGD) to 40 MGD including pumps, controls, yard piping and electrical improvements. The existing Resaca Lift Station conveys all raw sewage from the service area to the headworks of the existing Broadway Wastewater Treatment Plant The existing Broadway Wastewater Treatment Plant has a peak two hour design capacity of 20 MGD. The City of Corpus Christi is currently in the process of designing the New Broadway Wastewater Treatment Plant which will ultimately replace the existing 45 -year old plant, and will have a peak two hour design capacity of 40 MGD. A contract for professional services is ready and requires City Council approval. FUNDING: Funding is available from the FY 2009 Capital Budget and Capital Improvement Planning Guide. RECOMMENDATION: Staff recommends approval of the Motion as presented. Foster Crowell Director of Wastewater Services 826 -1801 fostercecclexas.com Additional Support Material: Exhibit "A" Background Information Exhibit 'B" Prior Project Actions Exhibit "C" Contract Summary Exhibit °D' Location Map Pete Anaya, P.E: Director of Engineering Services 826 -3781 glean n ectexas.com -41- BACKGROUND INFORMATION SUBJECT: Resaca Lift Station Upgrade (Project No. 7447) CIP NO. WW 33 PROJECT DESCRIPTION: The existing Resaca Lift Station conveys all raw sewage from the service area to the headworks of the existing Broadway Wastewater Treatment Plant. The existing Broadway Wastewater Treatment Plant has a peak two hour design capacity of 20 MGD. The City of Corpus Christi is currently in the process of designing the New Broadway Wastewater Treatment Plant which will ultimately replace the existing plant and will have a peak two hour design capacity of 40 MGD. The purpose of this project is to upgrade the capacity of the Resaca Lift Station from 20 MGD to 40 MGD, including pumps, controls, yard piping, and electrical improvements. CONTRACT DESCRIPTION: The consultant, LNV Engineering, is a team member of the design team for the New Broadway Wastewater Treatment Plant Project and is familiar with the design requirements of the Resaca Lift Station Upgrade Project. This portion of work is being bid out separately from the plant work in order to provide local contractors opportunities to bid. LNV Engineering will provide professional services for the coordination with City staff for preliminary design phase, final design phase, bid phase, construction documents, and construction phase described further below: Preliminary phase will consist of review of the Design Memorandum, preparation of lift station site layout drawings and modifications to the existing lift station, preparation of construction schedule and construction cost estimates. Final design phase will implement the preliminary phase recommendations and prepare the construction plans and specifications, final cost estimates, and permit applications for ultimate capacity of the lift station. The bid phase services will include coordinating and participating in the pre -bid meeting, addendums, bid opening and award recommendations. The construction phase includes construction administrative support with periodic site reviews, meetings, contractor and testing submittal reviews, general correspondence, and participation in the final inspection /warranty period. Other additional services include permit preparation, topographic survey, construction observation services, start-up services, warranty phase, and providing as -built drawings. CONTRACT SUMMARY /FEE: A contract summary and fee is attached as Exhibit "C ". FUTURE COUNCIL ACTION: Approval of construction contract to complete the project as required. EXHIBIT "A" Page 1 of 1 H:\ USERS2 \HOME\VELMAP\GEMWASTEWATER \7447 RESACA LIFT STATIOW NDA 3 BACKGROUND PRIOR PROJECT ACTIONS SUBJECT: Resaca Lift Station Upgrade (Project No. 7447) CIP No. WW 33 PRIOR COUNCIL ACTION: 1. 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: None. EXHIBIT "B" Page 1 of 1 H:\ USERS2WOMEWELMAP \GEMWASTEWATERV447 RESACA LIFT STATIOPM4FFDA 4 PRIOR PROJECT ACTIONS CONTRACT SUMMARY SUBJECT: Resaca Lift Station Upgrade (Project No. 7447) CIP NO. WW 33 1. SCOPE OF PROJECT The existing Resaca Lift Station conveys all raw sewage from the service area to the headworks of the existing Broadway Wastewater Treatment Plant (WWTP). This plant has a peak two hour design capacity of 20 MGD. The City of Corpus Christi is currently in the process of designing the New Broadway Wastewater Treatment Plant (NBWWTP) which will ultimately replace the existing plant and will have a peak two hour design capacity of 40 MGD. The purpose of this project is to upgrade the capacity of the Resaca Lift Station from 20 MGD to 40 MGD, including pumps, controls, yard piping, and electrical improvements. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1", to complete the project. 3. PROJECT SCHEDULE PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY Wednesday July 22, 2009 Begin Preliminary Phase Monday October 12, 2009 Begin Design Phase Wednesday November 25, 2009 Interim Submittal Friday December 11, 2009 City Review Friday January 8, 2010 Pre -Final Submittal Friday January 22, 2010 City Review Friday February 12, 2010 Final Submittal Monday (2) February 22 & March 1, 2010 Advertise for Bids Friday March 5, 2010 Pre -Bid Conference Wednesday March 17, 2010 Receive Bids Thursday May 13, 2010 Begin Construction Thursday February 10, 2011 Construction Completion —44— H: USERS2HOMEIVELMAP\GEMWASTEWATER 17447 RESACA LIFT STATIONMGENDA 5 CONTRACT SUMMARY EXHIBIT "C" Page 1 of 2 4. SUMMARY OF FEES Fee for Basic Services 1. Preliminary Phase $30,432 2. Design Phase 53,626 3. Bid Phase 5,441 4. Construction Phase 16,286 Subtotal Basic Services Fees 105,785 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) Railroads TXDOT Wetlands Delineation and Permit Temporary Discharge Permit NPDES Permit/Amendments TNRCC Nueces County Texas Historical Commission U.S. Fish and Wildlife Service U.S. Army Corps of Engineers U.S. Environmental Protection Agency Texas Department of License and Regulation Total Permitting 1,572 2. ROW Acquisition Survey TBD 3. Topographic Survey (AUTHORIZED) 2,932 4. Environmental Issues TBD 5. Construction Observation Services 23,040 6. Start-up Services 4,047 7. Warranty Phase 4,144 8. Provide SCADA Documentation TBD Sub -Total Additional Services Fees 35,735 Total Authorized Fee $141,520 The total basic services fee for this project is $105,785. The estimated cost of construction is $1,050,000. Therefore, the percentage of design cost to construction cost is 10.07 %. —45- H:\ USER$ 2UIOME \VELMAROEN\WASTEWATERI7447 RESACA LIFT STATIONNGENDA 5 CONTRACT SUMMARY EXHIBIT "C" Page 2 of 2 \Mprojeet \eouncilexhibits exh7447.dwg PROJECT LOCATION LOCATION MAP NOT TO SCALE FIE SROAOWAY WASTEWATER TREATMENT PUNT O PµOST PROJECT SITE F LOBO ST. PROJECT # 7447 rn VICINITY MAP NOT TO SCALE RESACA LIFT STATION UPGRADE —OR- EXHIBIT 'D' CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 6/23/2009 e n▪ , 1110M 5 AGENDA MEMORANDUM SUBJECT: Change Order #20 Doddridge Street Improvements — Ocean Drive to South Staples Street BOND ISSUE 2004; CIP: Street #5: Project No. #6273 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Change Order #20 with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas, in the amount of 5764,312.79 for a restated amount of 59,314,422.20 for t the Doddridge Street Improvements — Ocean Drive to South Staples Street project construct proposed storm sewer to a deeper depth to avoid relocation of two (2) 6 -in gas lines and an AEP concrete encased electric duct bank and to address an error in the bid unit - quantity of work items by the design consultant. (BOND ISSUE 2004). ISSUE: Exploratory excavation by the contractor determined the proposed storm water main on Staples Street as designed would require relocation of two (2) 6 -in gas mains and one AEP concrete electric duct. It was also determined the substantial bid quantities of certain items were underestimated by the design engineer underestimated. The change order provides for the lowering of the proposed storm sewer to a depth of 1 -ft 6 -in deeper than planned the increases the quantities of those particular bid item to reflect the work that will ultimately be constructed. FUNDING: Funds for this project are available from the FY 2008 -2009 Capital Improvement Budget (2004 Bond Issue, 2008 -2009 CIP, Storm Water CIP and Water CIP). RECOMMENDATION: Staff recommends approval of the motions as presented. Pete Anaya, P:E. Director of Engineering Services 826 -3781 etean . cctexas.com Gusta o Gonzalez Direct of Water S 826 -18 4 qustavoao(a cctexas.com Additional Support Material: Exhibit -A" Background Information Exhibit "El' Prior Actions Exhibit "C" Change Order Summary Exhibit "D" Location Map —49— � rt 1 ; 11 (in I ) rector or Storm 1yawwr it .ilreu Operation:; oni r:l /1?6 -187- or 36111/8226 -1 S7i5 :1Icrie2 a cclex:u.com BACKGROUND INFORMATION SUBJECT: Change Order #20 Doddridge Street Improvements — Ocean Drive to South Staples Street BOND ISSUE 2004 CIP: Street #5 Project No. #6273 CHANGE ORDER DESCRIPTION: There proposed change order provides for two items. Correction of Unit Quantity Estimate • Correcting errors in the total quantity of items and materials required to construct the project. The quantities of bid items estimated by the consultant were in error, and must be adjusted to allow payment to the contract for the actual work to be performed. The unit prices utilized in the change orders is based on the bid prices for the additional unit/quantity items. If the unit/quantity item estimate was correct at the time of original bid, award would have been based on the price adjustment reflected by this change order. The cost of the adjustments is detailed in the change order summary. See Exhibit C. The cost breakdown by utility is: Staples Street - Storm Water Utility Conflict • Correcting a conflict that exists between existing underground utilities and the proposed storm sewer on Staples Street from Doddridge to Brawner Parkway. The condition was revealed during exploratory excavation by the contractor. Most underground utility conflicts are minor and easily resolved. The adjustment of the storm water main on Staples requires the line to be lowered approximately 1.5 -feet at a total extra cost of $55,574.29. The conflict is being addressed by lowering of the proposed storm sewer to a depth of 1 -ft 6 -in deeper than planned. This avoids delaying the project which would otherwise require adjusting two (2) six inch gas lines and one (1) AEP concrete encases electric duct. Approval of the change order authorizes the additional costs associated with the deeper installation for the storm sewer to pass under the gas lines and electrical duct. The original design contract provided for exploratory excavation to minimize utility conflicts on Doddridge Street. The design of the storm water outfall structures on Denver, Staples, and Topeka Streets were added to the design contract through an amendment. The cost of exploratory excavation on those streets was not included in the engineering design amendment. Exploratory excavation is often not undertaken due to the additional cost of the exploration when the likelihood of conflicts is not deemed to be significant. —50— HIHOMEV O: VINSIGEMSTREETS■273Dodtlnd9MCO20Background .tloc EXHIBIT "A" Page 1 of 2 Street Storm Water Water Total Increase Qty. 315,600.50 582,357.09 131,850.00 1,029,807.59 Decrease Qty. 0 - 265,494.80 0 - 265,494.80 Total 315,600.50 316,862.29 131,850.00 764,312.79 Staples Street - Storm Water Utility Conflict • Correcting a conflict that exists between existing underground utilities and the proposed storm sewer on Staples Street from Doddridge to Brawner Parkway. The condition was revealed during exploratory excavation by the contractor. Most underground utility conflicts are minor and easily resolved. The adjustment of the storm water main on Staples requires the line to be lowered approximately 1.5 -feet at a total extra cost of $55,574.29. The conflict is being addressed by lowering of the proposed storm sewer to a depth of 1 -ft 6 -in deeper than planned. This avoids delaying the project which would otherwise require adjusting two (2) six inch gas lines and one (1) AEP concrete encases electric duct. Approval of the change order authorizes the additional costs associated with the deeper installation for the storm sewer to pass under the gas lines and electrical duct. The original design contract provided for exploratory excavation to minimize utility conflicts on Doddridge Street. The design of the storm water outfall structures on Denver, Staples, and Topeka Streets were added to the design contract through an amendment. The cost of exploratory excavation on those streets was not included in the engineering design amendment. Exploratory excavation is often not undertaken due to the additional cost of the exploration when the likelihood of conflicts is not deemed to be significant. —50— HIHOMEV O: VINSIGEMSTREETS■273Dodtlnd9MCO20Background .tloc EXHIBIT "A" Page 1 of 2 The change order summary is attached. See Exhibit C. CONSTRUCTION PROJECT DESCRIPTION: This proposed project completes the improvements for Doddridge and Weber. This project is the reconstruction of Doddridge from South Staples to Ocean Drive. The reconstruction of Weber from SPID to Staples was completed under Bond Issue 2000. The current project will be completed in three phases and will require street closures to all thru traffic on Doddridge. > Phase I work (COMPLETE) on Doddridge was from Ocean Drive to Sante Fe and includes an underground storm water outfall on Denver from Doddridge to the Brawner Proctor trunk main. > Phase II is from Sante Fe to Alameda and included a storm water outfall along Topeka from Doddridge to the Brawner Proctor trunk main. Phase II is complete with the exception of the final asphalt lift between Topeka and Alameda. > Phase III will complete the project on Doddridge from Alameda to Staples and include a storm water outfall from Doddridge along Staples Street to the Brawner Proctor trunk main. The project includes the complete reconstruction of the existing 4 -lane roadway between the existing curb and gutter; removal and replacement of all curb and gutter; removal and replacement of all sidewalk and new construction in locations where no sidewalk exists; ADA curb ramps per project requirements; lane striping and pavement markings; rehabilitation of existing sanitary sewer; replacement and /or adjustment of curb inlets to improve drainage; a 16 -inch water transmission main and appurtenances; removal of the existing water transmission main; supplemental underground storm drainage; and adjustment of affected valves and manholes to grade and is more particularly described as follows: approximately 2528 LF of (5'x5',6'x4',6'x5',7'x5') box culvert; 5102 LF of (18" to 60 ") reinforced concrete pipe (RCP); 38,112 SY of asphalt pavement renovation, 38,118 SY of subgrade, and 2000 SY of concrete driveway; 13,170 LF curb and gutter, 51,000 SF sidewalks, and 47 curb ramps; 8799 SY blanket grass sodding; 7338 LF of (6" to 16 ") PVC water line; 16 fire hydrant assemblies; 5243 LF of (8" to 21 ") PVC sanitary sewer; well pointing for culverts and wastewater lines; tree removal, trimming & pruning within right -of- way; televised inspection of conduits; together with all appurtenances and associated work in accordance with the plans, specifications and contract documents. FUNDING: Funds for this project are available from the FY 2008 -2009 Capital Improvement Budget (2004 Bond Issue, 2008 -2009 CIP, Storm Water CIP and Water CIP). H: HOMEV( EVINS\ GENASTREET3' 3273Doddridge \CO20Beckground.doc —51— EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: Doddridge Street Improvements — Ocean Drive to South Staples Street (Project No. 6273) - BOND ISSUE 2004 Prior Project Actions have included: 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. Mav 10, 2005 — Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Goldston Engineering in the amount of $670,215 for the Doddridge Street Improvements from Ocean Drive to South Staples Street. (BOND ISSUE 2004) (Motion No. 2005 -135) 4. September 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500. (Ordinance No. 026997) 5. September 11, 2007 - a. Motion authorizing the City Manager or his designee to execute a construction contract with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas, in the amount of $8,084,452.10 for the Doddridge Street Improvements — Ocean Drive to South Staples Street. (Motion No. 2007 -238) b. Motion authorizing the City Manager or his designee to execute a Construction Materials Engineering Laboratory's Inspection and Materials Testing Services Agreement with Rock Engineering and Testing Laboratory Inc. of Corpus Christi, Texas, in the amount of $59,959 for the Doddridge Street Improvements — Ocean Drive to South Staples Street. (Motion No. 2007 -239) 5. January 20, 2009 - Motion authorizing the City Manager or his designee to execute Change Order #13 with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas, in the amount of $98,679.85 for a restated amount of $8,407,307.89 for the Doddridge Street Improvements — Ocean Drive to South Staples Street project to expediting construction at the Alameda intersection and southward past the commercial development, improved traffic control and better access to the area businesses during construction. (Motion No. 2009 -017) 6. May 12, 2009 — Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the Contract for Professional Services with Goldston Engineering, a CH2M Hill Company, of Corpus Christi, Texas, in the amount of $126,850 for a restated fee of $871,855 for Doddridge Street Improvements — Ocean Drive to Staples Street for continued construction observation of the project. (Motion No. 2009 -125) HAHOME110: VINS\ GEMSTREETS16273DoMridgo 1CO20Prior Actions.doc —52— EXHIBIT "B" Page 1 of 4 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 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. May 17, 2005 — Administrative approval of a small geotechnical testing agreement with Rock Engineering and Testing Laboratory Inc. of Corpus Christi, Texas, in the amount of $17,902 for the Doddridge Street Improvements from Ocean Drive to South Staples Street. (BOND ISSUE 2004) 5. January 2, 2007 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with Goldston Engineering in the amount of $24,805 for a total restated fee of $695,020 for the Doddridge Street Improvements from Ocean Drive to South Staples Street. (BOND ISSUE 2004) 6. February 19, 2007 - Administrative approval of Amendment No. 2 to the Contract for Professional Services with Goldston Engineering in the amount of $24,880 for a total restated fee of $719,900 for the Doddridge Street Improvements from Ocean Drive to South Staples Street. (BOND ISSUE 2004) 7. December 4, 2007 - Administrative approval of Amendment No. 3 to the Contract for Professional Services with Goldston Engineering in the amount of $25,105 for a total restated fee of $745,005 for the Doddridge Street Improvements from Ocean Drive to South Staples Street. (BOND ISSUE 2004) 8. January 11, 2008 - Administrative approval of Change Order No. 1 to the Construction Contract for with Haas Anderson Construction, Ltd. in the amount of $21,628.50 for a total restated contract price of $8,106,090.60 for the Doddridge Street Improvements from Ocean Drive to South Staples Street for changes in alignment and configuration of the storm sewer system on Denver Street. (BOND ISSUE 2004) 9. February 4, 2008 - Administrative approval of Change Order No. 2 to the Construction Contract for with Haas Anderson Construction, Ltd. in the amount of $24,840.00 for a total restated contract price of $8,130,930.60 for the Doddridge Street Improvements from Ocean Drive to South Staples Street for installation of sidewalks on both sides of Denver Street and use of variable message boards to advertise road closures. (BOND ISSUE 2004) 10. March 17, 2008 - Administrative approval of Change Order No. 3 to the Construction Contract for with Haas Anderson Construction, Ltd. in the amount of $351.54 for a total restated contract price of $8,131,282.14 for the Doddridge Street Improvements from Ocean Drive to South Staples Street for minor revisions and changes to wastewater system. (BOND ISSUE 2004) 11.April 17, 2008 - Administrative approval of Change Order No. 4 to the Construction Contract for with Haas Anderson Construction, Ltd. in the amount of $14,237.00 for a total restated contract price of $8,145,519.14 for the Doddridge Street Improvements from Ocean Drive to South Staples Street for traffic signal and street light work not included in original contract. (BOND ISSUE 2004) 12.July 9, 2008 - Administrative approval of Change Order No. 5 to the Construction Contract for with Haas Anderson Construction, Ltd. in the amount of $11,365.24 for a total restated contract price of $8,156,884.38 for the Doddridge Street Improvements from Ocean Drive to South Staples Street to place safety end treatments on three —53— H:\HOMEIKEVINS \GEN STREETS\8273Doddridge \CO20Prior Actions.doc EXHIBIT "B" Page 2 of 4 drainage outfall structures to prevent access by children and large animals. (BOND ISSUE 2004) 13. July 24, 2008 - Administrative approval of Change Order No. 6 to the Construction Contract for with Haas Anderson Construction, Ltd. in the amount of $24,948.07 for a total restated contract price of $8,181,832.45 for the Doddridge Street Improvements from Ocean Drive to South Staples Street for storm modifications of water inlet and outfalls, additional traffic control, and water line adjustments. (BOND ISSUE 2004) 14. August 14, 2008 - Administrative approval of Change Order No. 7 to the Construction Contract for with Haas Anderson Construction, Ltd. in the amount of $23,498.20 for a total restated contract price of $8,205,330.65 for the Doddridge Street Improvements from Ocean Drive to South Staples Street to place safety end treatments on three drainage outfall structures to replace curb and gutter on Topeka Street that was to remain to ensure proper drainage. (BOND ISSUE 2004) 15.September 15, 2008 - Administrative approval of Change Order No. 8 to the Construction Contract for with Haas Anderson Construction, Ltd. in the amount of $19,346.00 for a total restated contract price of $8,224,676.65 for the Doddridge Street Improvements from Ocean Drive to South Staples Street to remove and replace driveway aprons to match changed elevation of curb and gutter sections. (BOND ISSUE 2004) 16.October 7, 2008 - Administrative approval of Change Order No. 9 to the Construction Contract for with Haas Anderson Construction, Ltd. in the amount of $24,440.00 for a total restated contract price of $8,249,116.65 for the Doddridge Street Improvements from Ocean Drive to South Staples Street to replace sidewalks on Topeka Street scheduled to remain to ensure consistent appearance and condition. (BOND ISSUE 2004) 17. October 30, 2008 - Administrative approval of Change Order No. 10 to the Construction Contract for with Haas Anderson Construction, Ltd. in the amount of $20,938.41 for a total restated contract price of $8,270,055.06 for the Doddridge Street Improvements from Ocean Drive to South Staples Street to repair damaged water line not shown on plans or marked by Water Department, replace broken water valve on Santa Fe, remove and install new wastewater line and new manhole to resolve utility conflict, (BOND ISSUE 2004) 18. December 2, 2008 - Administrative approval of Change Order No. 11 to the Construction Contract for with Haas Anderson Construction, Ltd. in the amount of $13,867.98 for a total restated contract price of $8,283,923.04 for the Doddridge Street Improvements from Ocean Drive to South Staples Street to expedite work out of sequence at the Alameda /Doddridge intersection to facilitate holiday traffic. (BOND ISSUE 2004) 19. December 2, 2008 - Administrative approval of Change Order No. 12 to the Construction Contract for with Haas Anderson Construction, Ltd. in the amount of $24,705.00 for a total restated contract price of $8,308,628.04 for the Doddridge Street Improvements from Ocean Drive to South Staples Street to provide additional pavement markings and signage to improve conditions at the curve on Doddrige between Staples and Alameda. (BOND ISSUE 2004) 20. February 6, 2009 - Administrative approval of Change Order No. 14 to the Construction Contract for with Haas Anderson Construction, Ltd. in the amount of $23,460.00 for a total restated contract price of $8,430,767.89 for the Doddridge Street Improvements from Ocean Drive to South Staples Street to install flashing beacons and rumble strips —54— H: HOMEIK EVINSIGEMSTREETSW273D000ridoe1CO20Pnw Aclbntdoc EXHIBIT "B" Page 3 of 4 on the approaches to the curve on Doddridge between Staples and Alameda. (BOND ISSUE 2004) 21. February 24. 2009 - Administrative approval of Change Order No. 15 to the Construction Contract for with Haas Anderson Construction, Ltd. in the amount of $24,262..04 for a total restated contract price of $8,455,029.93 for the Doddridge Street Improvements from Ocean Drive to South Staples Street to adjust storm sewer, cut and cap 16 -in water line, exploratory excavation, and addition of 500 -SY of 4 -in thick HMAC. (BOND ISSUE 2004) 22. March 16 2009 - Administrative approval of Change Order No. 16 to the Construction Contract for with Haas Anderson Construction, Ltd. in the amount of $24,567.99 for a total restated contract price of $8,479,597.92 for the Doddridge Street Improvements from Ocean Drive to South Staples Street to mill asphalt on Santa Fe to ensure a smooth transition through Doddridge, repair leaking 16 -in water line, remove and replace wet soil with dry material, and additional excavation to provide acceptable transition at existing cross street. (BOND ISSUE 2004) 23. March 30, 2009 - Administrative approval of Change Order No. 17 to the Construction Contract for with Haas Anderson Construction, Ltd. in the amount of $24,206.08 for a total restated contract price of $8,503,804.00 for the Doddridge Street Improvements from Ocean Drive to South Staples Street to provide traffic control not on plans for sanitary sewer manhole construction in Staples intersection and 300 -SY of additional 2.5 -in HMAC to make acceptable intersection transitions (BOND ISSUE 2004) 24. April 13, 2009 - Administrative approval of Change Order No. 18 to the Construction Contract for with Haas Anderson Construction, Ltd. in the amount of $24,246.63 for a total restated contract price of $8,528,050.63 to provide traffic control not on plans for waterline tie in on Staples and 650 -SY of additional crushed limestone base for elevation transition work. (BOND ISSUE 2004) 25. April 27 2009 - Administrative approval of Change Order No. 19 to the Construction Contract for with Haas Anderson Construction, Ltd. in the amount of $22,058.78 for a total restated contract price of $8,550,109.41 for ADA ramp at Leopard /Coke, rehabilitation of 10 -in sanitary sewer with CIPP (915 -If) and televising 10 -in sanitary sewer. (BOND ISSUE 2004) —55— H:HOME KEV INS\ GEMSTREETS15273DaEtlntlge \CO20Prior Actions.doc EXHIBIT "B" Page 4 of 4 Department of Engineering Services Change Order Summary Sheet June 18, 2009 PROTECT: Doddridge Street Improvements - Ocean Dr. to Staples St. Project No: 6273 APPROVED: City Council on 9/11/08, Motion No. M2007 -238 CONTRACTOR: Haas - Anderson Construction P. O. Box 7692 Corpus Christi, TX 78467 TOTAL CONTRACT AMOUNT $8,084,452.10 25% Limit Amount 2,021,113.03 Change Order No. 1 (1/11/08) 21,638.50 Change Order No. 2 (2/4/08) 24,840.00 Change Order No. 3 (3/17/08) 351.54 Change Order No. 4 (4/17/08) 14,237.00 Change Order No. 5 (7/9/08) 11,365.24 Change Order No. 6 (7/24/08) 24,948.07 Change Order No. 7 (8/14/08) 23,498.20 Change Order No. 8 (9/15/08) 19,346.00 Change Order No. 9 (10/7/08) 24,440.00 Change Order NO.10 (10/30/08) 20938.41 Change Order No. 11 (12/2/08) 13,867.98 Change Order No. 12 (12/19/08) 24,705.00 Change Order No. 13 (1/27/09 M2009 -) 98,679.85 Change Order No. 14 (2/6/09) 23,460.00 Change Order No. 15 (2/24/09) 24,262.04 Change Order No. 16 (3/16/09) 24,567.99 Change Order No. 17 (3/30/09) 24,206.08 Change Order No. 18 (4/13/09) 24,246.63 Change Order No. 19 (4/27/09) 22,058.78 Change Order No. 20 (6/30/09) 764,312.79 Total 1,229,170.10 = 15.21% < 25% Exhibit C Page 1 of 5 -56- CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER NO: 20 PROJECT NO: 6273 Operating Department Engineering Services Name of Project: Doddridge Street Improvements — Ocean Drive to Staples Street Contractor: Haas - Anderson Construction Ltd. CONTRACT TIME: 600 C.D. DATE: Mav 15.2009 GUNGE ADD DEDUCT SEE ATTACHED: Why was this change necessary? (If left off the plans and specifications, explain why) SEE ATTACHED How can similar changes be avoided in the future? SEE ATTACHED A. CONTRACT PRICE $ 8.084.452.10 B. TOTAL CHANGE ORDER (inc. current) $ 1.229.970.10 C. NEW CONTRACT PRICE. $ 9314 422 20 D. THIS CHANGE ORDER $ _ E. PERCENT TOTAL CHANGE (B /A) F. PREVIOUS ADDN'L TIME AUTHORIZED G. ADDN'L CONTRTACT TIME THIS CHANGE ORDER0= H. TOTAL ADDITIONAL TIME CITY OF CO ' <' US CHRISTI, 1 By: City Engineer 13y: 4NT'+CTO T'itle'd. esident, Haas- Anderson Management, LC, General Partner APPROVED. Operating Department Capital Budget Officer Legal Department -57- ADD DEDUCT Add the following quantities to the bid items: A -2. Remove RCP Culvert - 700 L.F ® $52.00/L.F.... $36,400.00 A -9. 5' x 5' Box Culvert - 150 L.F. ® $284.00/L.F. $42,600.00 A -28. Curb & Gutter - 1,375 L.F. ® $17.60/L.F. $24,200.00 A -38 6" Concrete Driveway — 660 S.Y. ® $74.30/S.Y. $49,038.00 A -39 Concrete Sidewalk (Tied) — 9,200 S.F. ® $5.25/S.F. $48,300.00 A-43 Remove Concrete Curb & Gutter 1,850 L.F. ® $3.00/L.F. $5,550.00 A-44 Remove Concrete Sidewalk — 29,270 S.F. ® $0.60 /S.F. $17,562.00 A-45 Remove Concrete Driveway — 8,100 S.F. ® $1.50/S.F. $12,150.00 B-3 2" HMAC, Type D — 1,050 S.Y. ® $11.60 /S.Y. $12,180.00 B -5 Geogrid, Tensor BX -1100 — 5,400 S.Y. ® $2.90 /S.Y. $15,660.00 B-6 Crushed Limestone Base — 5,400 S.Y. ® $18.50 /S.Y. $99,900.00 B -7 4" HMAC, Type B — 3,900 S.Y. ® $21.80/S.Y. $85,020.00 B-8 3" HMAC, Type B — 4,000 S.Y. ® $15.90/S.Y. 563,600.00 B-9 Prime Coat — 810 Gal. ®$3.15/Gal. $2,551.50 B-10 Tack Coat — 395 Gal. ® $2,201 Gal. $869.00 C -5 8" PVC Water Line — 1,000 L.F.® $48.00/L.F. $48,000.00 C-7 16" PVC Water Line — 450 L.F. ® $70.00/L.F. $31,500.00 C -29 2" Water Service — 3 Ea. ® $4,700.00/Ea. $14,100.00 C -30 Cement Stabilization Sand — 1,300 C.Y. ® $57.00/C.Y. $74,100.00 C-50 Water Connection — 3 Ea. ® $4,050.00/Ea. $12,150.00 Add the following bid items to the contract: A -57 48" RCP Culvert — 815 L.F. ® $191.25/L.F. $155,868.75 P.\2004_0EM04067.00 (C) CITY OF CC - Dodd1idge - Own DR to STAN-EPOS-CONTRACTS & CHANGE ORDERSChaage 04362009 0515 CIanp Omer 020 Atucb.doc —58— A -58 42" RCP Culvert — 479 L.F. ® $169.46/L.F. $81,171.34 A -59 36" RCP Culvert — 60 L.F. ® $105.79/L.F. $6,347.40 A -60 30" RCP Culvert — 312 L.F. ® $118.27/L.F. $36,900.24 A -61 18" RCP Culvert — 54 L.F. ® $88.87/L.F. $4,798.98 A-62 Storm Manhole, Type B — 8 Ea. ® $3,979.47/Ea. $31,835.76 463 Stonn Manhole, Type A — 1 Ea. ® $5,352.47/Ea. $5,352.47 A-64 Trench Safety (Pipe) — 1,720 L.F. ® $5.16/L.F. $8,875.20 465 Trench Safety (Manhole) — 9 Ea. ® $358.55/Ea. $3,226.95 Deduct the following quantities from the bid items: 410 Storm Drab Manhole, Type B — 4 Ea ®$3,327.00/Ea. $13,308.00 414 Storm Drain Manhole, Type A — 1 Ea. ® $4,700.00/Ea. $4,700.00 A -17 48 "RCP Culvert- 813 L.F. ® $166.00 /L.F. $134,958.00 A -18 42" RCP Culvert — 527 L.F. ® $146.00/L.F. $76,942.00 419 36" RCP Culvert — 60 L.F. ® $100.00/ L.F. $6,000.00 A -20 30 " RCP Culvert- 254 L.F. ®$75.00/L.F. $19,050.00 422 18" RCP Culvert — 54 L.F. ® $72.00/L.F. $3,888.00 425 Trench Safety ( Pipe) — 1,708. L.F. ® $3.35/L.F. $5,721.80 A -26 Trench Safety (Manhole) — 9 Ea. ® 5103.00/Ea $927.00 Subtotal $1,029,807.59 $265,494.80 TOTAL ADD $764.312.79 1352001 GEM04067-00 (C) CITY OF CC- Doddridge • Ocean DR to STAPI.FSDS.CONTRACTS & CHANGE ORDERS \C baage Ordtr12009 05 15 Change Order 020 Atteohdoe —59— Why was this change necessary ?. This change order has two basic elements. The first element is the storm sewer outfall on Staples Street. Prior to the beginning of construction, the contractor did exploratory excavations along the proposed line of the storm sewer to determine if any existing utility crossings would be in conflict with the new storm sewer. Some conflicts were found. The three that are determined to be problematic are two 6" City gas lines and an ABP electrical duct system that is concrete encased. To have these gas lines and electrical duct moved would involve a substantial amount of delay to the project. To facilitate the project so that no delays are experienced, the proposed storm sewer was redesigned and is proposed to be constructed deeper than originally planned. By constructing the storm sewer 1' 6" deeper than originally planned, it will pass underneath the gas lines and electrical duct. There are additional costs associated with this deeper installation. The second element does, unfortunately, involve the original estimated quantities under which the project was bid. M the work is progressing, it is being discovered that a substantial number of bid item quantities were substantially larder - estimated for bidding purposes. This second element increases the quantities on particular bid item to numbers that are more in line with what will eventually actually be constructed. How can similar changes be avoided in the future? On the first element, the only way that this can be avoided is if all exploratory excavations to determine the exact location of existing utilities are done in the design phase. When you consider that most conflicts between existing utilities and proposed utilities are relatively minor in nature and can be relatively easily resolved, incurring the additional expense during the design phase would increase the overall cost of the vast majority of projects. On the second element, the only answer is better quality control and quality assurance during the design phase which has been implemented with more rigid controls. It should be noted that the individuals who were responsible for this on this project are no longer employed by this design firm. —60— \Mproject \councilexhibits \exh6273d.dwg LOCATION MAP NOT TO SCALE CHANGE ORDER #20 Storm Water Main running on Staples St. from Doddridge to the Browner Pkwy. drainage channel PROJECT #8273 VICINITY MAP NOT TO SCALE EXHIBIT "D" CHANGE ORDER #20 DODDRIDGE STREET IMPROVEMENTS - OCEAN DRIVE TO SOUTH STAPLES BOND ISSUE 2004 61 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 07/07/2009 v WW1 - 6 AGENDA MEMORANDUM July 14, 2009 SUBJECT: Airfield Equipment and Maintenance Facility (Project No. 10028) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract for the Base Bid, including allowance, and Additive Alternatives 1 — 2 with Barcom Commercial, Inc., of Corpus Christi, Texas in an amount not to exceed $2,053,000.00 for the Corpus Christi International Airport for the Airfield Equipment and Maintenance Facility. ISSUES: Council must authorize the execution of the contracts in excess of $50,000.00. FUNDING: Funding is available from FAA Grants and Airport Capital Improvement Funds upon appropriation. RECOMMENDATION: Approval of the motions as presented. Fred Segundo Pete Anaya, P.E. Director of Aviation Director of Engineering Services 361 - 289 -0171 ext. 1213 361- 826 -3781 fredsCcD_cctexas.com peteanta.�.cctexas.com ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit A -1 Previous Actions Exhibit B. Bid Tabulation Exhibit C. Budget Exhibit D. Location Map H:\HOMEUCEVINS \GENAIR restored\ 2004Improvements\ 1006aEAdpstorageMtnceFacAwdConstrMemo .doc Page 1 of 1 BACKGROUND INFORMATION SUBJECT: Airfield Equipment and Maintenance Facility (Project No. 10028) PROJECT DESCRIPTION: The project provides for the construction of a new Airfield Equipment and Maintenance Facility that consists of a 10,000- square foot pre- manufactured steel building consisting of three equipment bays, administration offices, and a covered wash rack. The project includes site improvements consisting of 55,000- square feet of concrete pavement with joints, storm water, utility connections, site lighting, an oil -water separator, concrete storage bins, site grading, sodding, pavement markings, fire vault and other improvements. A new 12 -inch diameter water main and 8 -inch diameter waste water main will provide utility service Underground conduit for a fueling facility and bollards is included. Additive Alternate No. 1 provides for the installation of 6.5 ton overhead crane installed in the building with any additional steel and structural modifications required. Additive Alternate No. 2 provides for the purchase and installation of 2 -2,000 gallon fuel tanks (one diesel and one gasoline) with power, fuel inventory control, safety devices remote dispensers, gages, and spill containment equipment. BID STRUCTURE: The project was bid as a base bid with two additive alternates consisting of the: • Base Bid; • Additive Alternate No. 1; and • Additive Alternate No. 2. BID INFORMATION: Bids from ten firms were received, and publicly opened on Friday, June 26, 2009. The total of the base bid and two alternates ranged between $1,900,000.00 and $2,692,000.00. The bids for the Base Bid with Alternates 1 and 2 ranged from $2,053.000.00 to $2,888,000.00. The consultant's opinion of probable cost was $2,083,201.00. See Exhibit B. The low qualified bid (base bid and with alternates) was submitted by Barcom Commercial, Inc. of Corpus Christi, Texas. The FM has requested the City to expedite the award of the contract. FUNDING: Funds are available from FAA Grants and Aviation Capital Reserve CIP funds. The project budget is attached. See Exhibit C. TIME OF COMPLETION: The contract provides for the work to be complete within 300 calendar days of notice to proceed. BOARD /COMMITTEE REVIEW: The Airport Board has reviewed the item and H: \HOMEKEVINS \GENl41R restored\20041mprovements \10081 MuipStorageMtnceFac 'AwdConstrBkgExhA.doc Exhibit A Page 1 of 2 recommends approval. RECOMMENDATION: Aviation, Engineering and the project consultant have reviewed the bids and recommend award of the Base Bid and Additive Alternates) and 2. FUTURE COUNCIL ACTION: A proposal for the required engineering materials inspection, testing and laboratory services contract is in preparation. Council will be requested to authorize the execution of the contract if required. Council will be requested to authorize any change orders as may be required. H:\HOME\KEVINS\GENWIR restored\20041mprovements \10068E uipstorageMtnceFac \AwdConstrBkgExhA.doc Exhibit A Page 2 of 2 PREVIOUS ACTIONS PRIOR COUNCIL ACTIONS: December 16, 2008 — Second Reading Ordinance - Approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $161,285,700 (Ordinance No. 028006). January 13. 2009 - 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 (Motion 2009 -007). PRIOR ADMINISTRATIVE ACTIONS: September 8, 2008 - Administrative award of a geotechnical contract to PSI of Corpus Christi, Texas in the amount of $7,005.00 for the Corpus Christi International Airport Airfield Equipment and Maintenance Facility Improvements. March 9, 2009 - Administrative award of Amendment No. 1 to the geotechnical contract to PSI of Corpus Christi, Texas in the amount of $787.00 for a restated not to exceed fee of $7,792.00 for the Corpus Christi International Airport Airfield Equipment and Maintenance Facility Improvements. March 9, 2009 — Administrative award of Amendment 19 to the engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not-to exceed $1,750.00, for a restated not to exceed total fee of $3,075,570.80 for the Corpus Christi International Airport for the Airfield Equipment and Maintenance Facility for telecommunications consulting services. March 31, 2009 - Administrative award of Amendment 20 to the engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $5,676.00, for a restated not to exceed total fee of $3,081,246.80 for the Corpus Christi International Airport for the Airfield Equipment and Maintenance Facility for field utility location and survey services consulting services. Exhibit A -1 Page 1 of 1 H: \HOME\KEVINS \GENW IR_restored\20041mprovements\ 100661= AuipStorageMtnceFactwdConstrPriorActionsExhA -1.doc -69- Airfield Perimeter Road Improvements (Project No. 10027) Preliminary Project Budget July 24, 2009 FUNDS AVAILABLE: Aviation CIP FM Grant Funds $2,341,222.75 Airport Capital Reserve CIP Fund $ 123,222.25 Total $2,464,445.00 FUNDS REQUIRED: Construction Contract $2,053,000.00 Project Contingency (5 %) $ 102,650.00 QA/QC Testing Contract $ 55,000.00 Engineering Design $ 183,413.00 Geotechnical lnvestigation $ 7,792.00 Construction Inspection (3 %) $ 61,590.00 Survey (in A/E contract) $ -0- Engineering Project Liaison $ 28,000.00 Incidental Expenses (Printing, Advertising, etc.) $ 28,000.00 TOTAL $2,464,445.00 EXHIBIT "C" Page 1 of 1 H:\HOMEV(EVINS \GENWIR restored\ 2004Improvements\ 10068F, pupStorageMtneeFaclAwdConstrBudgetExhC .doc File : \ Mproject \councilexhibits \exh10028.dwg PROJECT LOCATION LOCATION MAP NOT TO SCALE MCGLOIN ROAD PROJECT # 10028 SITE PLAN NOT TO SCALE EXHIBIT "D' AIRFIELD EQUIPMENT AND MAINTENANCE FACILITY —71— CITY COUNCIL EXHIBIT DEPARTMENT OF ENGIN CHRISTI, SERVICES PAGE: 1 of 1 DATE: 07 -14 -2009 WNW I■1 7 AGENDA MEMORANDUM City Council Action Date: July 14, 2009 SUBJECT: O.N. Stevens Water Treatment Plant On -Going Instrument Maintenance Program FY 2009 -2010 (Project No. 8688) AGENDA ITEM: Motion authorizing the City Manager or his designee to renew the contract with Rabalais I &E Constructors of Corpus Christi, Texas, for the O.N. Stevens Water Treatment Plant On -Going Instrument Maintenance Program FY 2009 -2010 (8688), in the amount of $130,000, for an additional six -month period (by exercising the renewal option under the contract with Rabalais I &E Constructors approved by City Council on October 30, 2007 (Motion No. 2007 - 283)]. The contract will begin August 1, 2009 pending approval of the Water Department's FY 2010 Operating Budget. ISSUE: The O.N. Stevens Water Treatment Plant requires consistent maintenance of instrumentation in order to provide safe drinking water and comply with state and federal standards for the treatment and delivery of potable water. At this time, it is in the best interest of the City to exercise a six -month option to the existing contract to complete maintenance for this year. FUNDING: Funds for this project are being budgeted in the FY 2010 Water Operating Budget. RECOMMENDATI Staff recommends approval of the motion as presented. ustav Gonzalez, P. Directo of Water Sery es 361/82. -1874 qustavogo(ccctexas. com Additional Support Material: Exhibit "A" Agenda Background Information Exhibit "B" Prior Project Actions Exhibit "C" Location Map H:\ HOME1RadeIIe \GEMWater\ONSWTP\868 &Instr. Maint. 09- 10WBenda Mema.dp55 — Pete Anaya, P.E. Director of Engineering Services 361/826 -3781 petean(a cctexas.com AGENDA BACKGROUND INFORMATION SUBJECT: O.N. Stevens Water Treatment Plant On -Going Instrument Maintenance Program FY 2009 -2010 (Project No. 8688) PROJECT DESCRIPTION: This project requires the contractor to provide an additional six months of preventive, corrective and emergency maintenance services for all instrumentation. The instrumentation being maintained includes analyzers, laboratory instruments, and personal computers that are part of the site SCADA system, Programmable Logic Controllers (PLC's), and SCADA equipment at the O.N. Stevens Water Treatment Plant, the Smith Drive River Station raw water pumping facility located on the Nueces River and at three (3) remote locations throughout the City's water distribution system; all in accordance with the plans, specifications and contract documents. The three (3) remote locations are Rand Morgan Road at IH 37, Magee Lane (north and south), and the Cunningham Plant. CONTRACT INFORMATION: This project was bid last fiscal year, and provided for an option to the contractor (Rabalais I &E Constructors) for renewal of the contract. The City has decided to exercise that option. This project will evaluate the results of the previous year's on -going maintenance contract and provide the updated data bases to allow the execution of a six -month extension of the contract. CONTRACT TERMS: The contract specifies that the project will begin August 1, 2009 and will be completed in 180 calendar days through January 2010. BACKGROUND INFORMATION: The water treatment process at the O.N. Stevens Water Treatment Plant requires operating, monitoring, and maintaining various quality analyzers and related instrumentation that ensure compliance with state and federal standards for potable water quality. Additional instrumentation is required to monitor the raw water supply delivery system and distribution system operations. The Water Department conducts an On -Going Instrument Maintenance Program that provides system reliability by scheduling annual maintenance of essential pumping units located throughout the water system. —76— N1NOMFV! taI1aVSMWaar10NRWTP1PFPl1.Iner Main. n1 rvAnan a naNnornt Ann EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: O.N. Stevens Water Treatment Plant On -Going Instrument Maintenance Program FY 2009 -2010 (Project No. 8688) PRIOR COUNCIL ACTION: 1. October 30, 2007 - Motion authorizing the City Manager or his designee to execute a construction contract with Rabalais I &E Constructors of Corpus Christi, Texas in the amount of $338,780 for the O.N. Stevens Water Treatment Plant On -Going Instrument Maintenance Program FY 2007 -2008 (Project No. 8590) (Motion No. 2007 -283) PRIOR ADMINISTRATIVE ACTION: 1. May 30, 2008 - Administrative approval of a Ratification of a Small A/E Agreement for Architect/Engineer Consultant Services with Colwell & Associates, Inc. in the amount of $12,532 for the O.N. Stevens Water Treatment Plant On -Going Instrument Maintenance Program FY 2007 -2008 (Project No. 8590). —77— H:W OMEIRerl elaGENIw81ar10NSWIP188e&Inslr. Maim. 09- 101Prior Protect Aclions.Eoc EXHIBIT "B" Page 1 of 1 -78- a! iLt 0 PROJECT NO. 8688 EXHIBIT 'C' 0 8 AGENDA MEMORANDUM DATE: Julv 14, 2009 SUBJECT: Special Olympics, Inc 2009 Bay Bali Bally Hoop: Street Closures AGENDA ITEM: A. An Ordinance authorizing the City Manager, or his designee, to execute a Use Permit with Special Olympics, Inc. for the use of the Memorial Coliseum Parking Lots from July 22, 2009 through July 27, 2009 for the 2009 Bay Ball Bally Hoop; and declaring an emergency. B. Motion approving the application from Special Olympics, Inc. to temporarily close Park Avenue from northbound Shoreline Boulevard to southbound Shoreline Boulevard for the 2009 Bay Ball Bally Hoop, beginning at 7:00 a.m. on July 25, 2009 through 8:00 p.m. on July 26, 2009 (Exhibit C). ISSUE: A. Special Olympics, Inc is requesting the use of the Memorial Coliseum Parking Lot from July 22, 2009 through July 27, 2009 for their 2009 Bay Ball Bally Hoop. B. Special Olympics, Inc necessitates the temporary closure of Park Avenue from northbound Shoreline Boulevard to southbound Shoreline Boulevard for the 2009 Bay Ball Bally Hoop, beginning at 7:00 a.m. on July 25, 2009 through 8:00 p.m. on July 26, 2009. Event Organizer, Carol Lockwood, has requested the above mentioned street section closure to be approved by the City Council for the 2009 Bay Ball Bally Hoop. REQUIRED COUNCIL ACTION: A. City Council's action is required for use permits. B. Street closing permits for large public events require City Council approval. PREVIOUS COUNCIL ACTION: City Council approved the use permit and street closures for last year's 2008 Bay Ball Bally Hoop. RECOMMENDATION: Staff recommends approval of this ordinance and motion as presented. —81— SalyGav Director narks and Recreation 826 — 34 SallyG@cctexas.com PeteAnaya, P.E., Director of Engineering Services 826 — 3781 PeteAn©cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Use Permit Exhibit "C" Site Map Exhibit "D" Street Closure Applications and Insurance Requirements —82— EXHIBIT "A ": BACKGROUND INFORMATION Background information: This year marks the 20th year celebration of the Corpus Christi Special Olympics Bay Ball Bally Hoop. Bay Bali Bally Hoop 3 -on -3 Outdoor Basketball Toumament is scheduled to begin the morning of July 24, 2009 and last through the weekend. The event is free and opened to the public. In 2008, there was a combined 163 men's and women's teams competing in 3 -on -3 Outdoor Basketball Toumament with players ranging in age from 10 to 52 years old. Players from as far as away as Missouri will be competing in this year's toumament alongside many local competitors. Special Olympics is an International Nonprofit Organization dedicated to empowering individuals with disabilities to become physically fit, productive and respected members of society through sports training and competition. Special Olympics currently serve 2.5 million people with disabilities by offering more than 200 Programs in over 180 countries. Special Olympics, Inc will be hosting the 2009 Bay Ball Bally Hoop at the Memorial Coliseum parking lot on July 25, 2009 through July 26, 2009. This event benefits over 1,000 Special Olympics Texas Athletes in Corpus Christi and its surrounding areas. Carol Lockwood has requested for the temporary street closure of Park Avenue for the safety passage of participants and spectators using the Memorial Coliseum parking lot to the event site. Street Closings: Special Olympics, Inc 2009 Bay Ball Bally Hoop, event necessitates the temporary closure of Park Avenue from northbound Shoreline Boulevard to southbound Shoreline Boulevard. Street Closure will commence at 7:00 a.m. on July 25, 2009 through 8:00 p.m. on July 26, 2009. Street closing for the 2009 Bay Ball Bally Hoop, is necessary to allow safe passage for pedestrians using the Memorial Coliseum parking lot to the event site. -83- Exhibit "A" State of Texas Page 1 of 13 Use Permit for Bay Ball Ballyhoop 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 Special Olympics, Inc. a Texas nonprofit corporation, ( "Permittee ") acting through its duly designated Agent to produce the Bay Ball Bailyhoop 2009, 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 Special Olympics, Inc. d Event or the Event means Bay Ball Bailyhoop 2009 and related activities sponsored by Permittee. e Premises defined in Section 2. f City Manager means the City's City Manager or his designee. g Parks Director means the City's Director of Parks and Recreation or his designee h City Traffic Engineer means the City's Traffic Engineer or his designee. i Traffic Control Plan means the traffic control plan prepared by the City's Traffic Engineer, or his designee, for the Event. j Police Chief means the City's Police Chief or his designee. k Risk Manager means the City's Director of Risk Management or his designee. 1 City Attomey means the City's Attorney or designee. 2. Term. This Use Permit is for a term of seven (7) days, commencing on July 22, 2009 and ending on July 27, 2009. Permittee will be entitled to exclusive use of the Premises for a period of seven (7) days from July 22, 2009 through July 27, 2009. —84— Exhibit "B" Page 2 of 13 3. Premises. City grants to Permittee the privilege of using the City property described as follows: a. Parking Lot: The parking lot on the south side of the Memorial Coliseum, located along Shoreline Blvd. b. Parking Lot: The parking lot on the north side of the Memorial Coliseum, located along Shoreline Blvd. 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 other structures or apparatuses may be placed by Permittee on any grass or shrub - covered areas of the Premises, 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 applicable Parks and Recreation Special Event Permit fee and 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. City's Costs in assisting with the Event may include: 1. Damages to City property related to the Event, which will be billed at the cost of repair. 2. Costs of labor contracted for clean up, or additional clean up required by the Directors of relevant departments, at the rates set by the City as described in section 7.b., below. 3. 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. Permittee will pay Citys Costs, if any, as billed within 30 days after City tenders invoice to Permittee. -85- Page 3 of 13 b. Notice of Costs. At least 20 days before the Event the Parks Director, Police Chief, and City Traffic Engineer will meet with Permittee representatives to discuss City Services to be provided for the Event and the cost to be paid to City. Permittee shall be liable for all actual cost incurred by City related to the Event. c. 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. 8. Deposit. No deposit is required for this Use Permit. 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 Sa11yG @cctexas.com e -mail MicheleT@cctexas.com If to Permittee: Special Olympics, Inc. Attn: Development Director 10223 McAllister Freeway, Suite 100 San Antonio, Texas 78216 FAX email: sfreeman - hicks @sotx.org (210) 326-4921 10. Parking. Permittee will provide parking and signage for people with disabilities in close proximity to the Event entrance. In addition, Permittee will provide parking passes for City personnel scheduled to work during the actual Event. 11. Temporary Street Closures. The street closure process will govern any necessary street closures. Permittee must provide the City Traffic Engineer and the Parks Director its site plan for the Event, application for the requested street closure, and proof of all affected property owners' approval of the proposed temporary street closure in accordance with City ordinance All street closures on a temporary basis are subject to the requirements of City Ordinances, Sections 49 -15 to 49 -18, as may be amended, and require the City Council to confirm the closures. The decision to confirm the closure of the streets is within the sole discretion of the City Council acting upon the application at the time the application is submitted. 12. Barricades, Traffic Signs. The Permittee must provide barricades and traffic signs required by the City Traffic Engineer that include temporary directional signage to the nearby attractions/facilities affected by any street closures and traffic circulation around the Event. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access. The Permittee must pay the cost of additional signage. —86-- Page 4 of 13 13. 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. 14. 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 and its related activities. 15. 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. 16.Insurance. Permittee must furnish to the Risk Manager proof of Commercial General Liability insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must comply with the requirements of the City's Risk Manager as shown in the attached Exhibit. The City must be named as an Additional Insured on all liability policies. Permittee must furnish the Certificates of Insurance in at least the minimum amounts included in the attached Exhibit. to the City's Risk Manager two (2) weeks prior to the non - exclusive use period. Permittee must require all volunteers to sign an accident waiver form that Permittee must keep on file. This form must be submitted to the City Attorney for approval. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all reports of any accidents at the same time that the reports are forwarded to any other interested parties. In addition, Permittee must provide copies of all insurance policies to the City Risk Manager upon City Manager's written request. This insurance must not be canceled, non - renewed or materially changed without 30 days prior written notice to the Parks Director. 17. indemnity. Permittee must indemnify and hold City, its officers, agents and employees ( "Indemnitees ") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees 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 Indemnitees or on the part of Permittee or any of its agents, servants, employees, contractors, patrons, guests, licensees, or -87— Page 5 of 13 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 lndemnitees, 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 Indemnitees, 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 gross negligence or willful misconduct of the Indemnitees. 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 the City, upon receipt of reasonable notice regarding commencement of that litigation. 18.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. 19.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 theist 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, as set out in Section 7 above. Permittee or its agent must fill and compact all holes in grassy areas made by Permittee or any entity or person participating in the Event. Parks Director must approve fill material. Any subsidence within the Premises must be additionally filled by Permittee or its agent until no subsidence occurs. 20. Pavement, Curbs, Sidewalks, Seawall. Any work that involves holes or other changes in the pavement, curbs or sidewalks or seawall 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. -88- Page 6 of 13 21.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 an Alcohol Prrmit from the Parks and Recreation Department, if alcohol will be 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. 22.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. 23. Construction. The construction work for displays, stages, and other structures must be conducted in accordance with City building codes and restrictions. These structures must be removed within the use period described above. 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. 24. 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. 25. Electrical & Water Services. Electrical and water service is not provided on the Premises. A Temporary Promotional Event Permit from the City Building Inspection Division is required in order to install electrical service for the Event. A Certificate of Occupancy is included and must be used to have all temporary services (such as food, electrical, plumbing, tents, and structures) inspected. It is the responsibility of Permittee to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. City authorizes Permittee to access and temporarily modify City's existing electric service distribution center in McCaughan Park in order to distribute electric service to Premises. Permittee, at Permittee's sole expense, shall remove the modifications —89— Page 7 of 13 within ten (10) days after the Event. Modifications shall comply with Section 19. Permits of this Use Permit. Permittee shall reimburse City (under Section 7 of this Use Permit) for electric service consumed during the Term of this Use Permit. 26.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). 27. 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. 28. Fire Lanes. Permittee must, at all times, during the Event and the non - exclusive use period, maintain fire lanes upon the Premises as may be designated by City's Fire Chief. The fire lanes must be kept clear of all obstructions. 29.Assignment. Permittee may not assign or transfer this Use Permit or make any alteration therein without the prior written consent of the City. 30.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. 31. Right of Permittee to Use Public Property and Streets. Permittee acknowledges that the control and use of public property and streets 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. 32. 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 -90- Page 8 of 13 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. 33.Compliance with Laws. Permittee must comply with all applicable federal, state, and local laws and regulations including without limitation compliance with the requirements of the Americans with Disabilities Act, all at Permittee's sole expense and cost. 34. 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, handicap, color, or national origin. 35. 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. 36.Entire Use Permit. This Use Permit and the attachments and exhibits referred to in this Use Permit 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. 37. 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 Permitwaseentered 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. 38. 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. -91— Page 9 of 13 Executed in Duplicate Originals on , 2009. PERMITTEE By: Name: STATE OF TEXAS COUNTY NUECES This instrument was acknowledged before me on 2009, by of , Executive Director for Special Olympics, Inc. a Texas nonprofit corporation, on behalf of said corporation. Notary Public, State of Texas Printed Name: Seal: Expiration Date: -92- Page 10 of 13 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED , 2009 Lisa Aguilar, Assistant City Attorney for City Attorney -93- 'Angel R. Escobar City Manager Page 11 of 13 EXHIBIT A I. INSURANCE REQUIREMENTS A. Permittee must not commence work under this Lease Agreement until all insurance required herein has been obtained and approved by the City. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Permittee must furnish to the 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 / Advertising Injury $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. Permittee workers and volunteers $500,000Combined Single Limit AT A MINIMUM , STATUTORY LIMITS of $25,000 / $50,000 for BODILY INJURY & $25,000 for PROPERTY -94- Page 12 of 13 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. Permittee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in amounts sufficient to ensure that all workers' compensation obligations incurred by the Permittee 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 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. —95— DAMAGE WORKERS' COMPENSATION EMPLOYERS' LIABILITY Required if Permittee 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. Permittee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in amounts sufficient to ensure that all workers' compensation obligations incurred by the Permittee 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 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. —95— Page 13 of 13 • 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 is required. C. If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1) -(7) are included or excluded. 2009 Special Olympics Bay Ball Bally hoop ins req. 6 -15-09 ep Risk Mgmt -96- PARKING gROPOWPY Cl \\\\\\\\\\\\\\\\\ \ \ MEMORIAL \ \ COLISEUM \ \ \ \\\\\\\\ \\\\ \\\\\\ SCALE: 1" = 200' TEMPORARY PARK AVENUE STREET CLOSURE Aa'J,!f w A EVENT SITE MCCAUGHAN PARK MAGEE BEACH LEGEND iii STREET CLOSURE EVENT SITE FENCE EXHIBIT -: " D " g SUBJECT: 20th ANNUAL PEPSI BAY BALL BALLY 11019 TFMPnPARY STRFFT CI n!11RF - SITE PLAN - Fvhihit "C" City of Carpus Christi City of Corpus Christi Department of Engineering Services Traffic Engineering APPLICATION FOR TEMPORARY CLOSURE OF STREET(S) PERMIT 1. Name of Organization Sponsoring Event: e.�c�o -1 ftnq, .] cS ta4aS Address: tericts:s n -ls�- `rr(ic u�►L c3aZAt to City: pusFov∎ State: "C*F. Zip: "A� -CRZ. Phone #: t3- 2!%D - PiU.°l Fax #: X13 - 290-07.24a Email: G \oc 1sa +ot .2Y- • 15r-% 2. Name of Proposed Event IZINI Valk\ -17n11 1\incr +11 3. Date of Planned Event: —$Q.11 •5 - -10 • 7...00S 4. Key Contact Individual Caxo\ 1.l3 S&»c??d- Phone #:-441,--1-50 - meta 5. Skeet(s) Requested for Closure, Dates and Times of Day: - pESCR!BE Vbils el 4-e \nu - +, e, • '�� cla '�Yuxcl :.ne- X1.,.1 ap Jac �$,... x p - Murcia a rernvr. Asa> At*. Sa sh ^ is c a. ANN_ kq ee `sway zta • l Meet 6. Purpose of Event and Detailed Description of Activities Planned: %5 - jlil .. a• _. r,r IS5 ec ;41. C`A.lmelrs '7e %e5 7. List foods and beverages to be served: 1tyskov- tni ttr*Aed teirsatip Page 1 of 8 -98- Exhibit "D" 8. 4-rvices Requested by the City: ¥fot ;aa Ita,Q tS Ox-ea. L Ctv pn Il*.le..vux b.‘1.4 ‘40ccorz.crth,eS 9. Attach a diagram illustrating In detail the location of booths, stages, restrooms, first -aid stations, etc., that will be included in the event. 10. Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88). 11. Attach an official letter of transmittal requesting approval of the event at (east (301 day prior to the event date. 12. In consideration of obtaining a permit to close a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions: A. Admittance to said event shall be free; B. All profits derived from the event shall be for charitable causes; C. Pay the City four- percent (4 %) of the gross receipts derived from event, or reimburse the City for all costs incurred by the City in support of said event. Accurate financial records shall be maintained and payment shall be made to the city within sbcty (60) clays after the event ends. D. *Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhibit W. E. *Completion of Indemnification Agreement; F. *Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department. The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the event. G. *Require written notice and notice to be given to tenants and building managers; and posting of same inside entrances to multi- tenant buildings. This notice is to be furnished and posted a minimum of 2 week prior to the required City Council meeting at which the motion to approve the Temporary Street Closure permit will be considered. H. Provide adequate number of restroom facilities to accommodate the anticipated public; I. Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event; J. All security other than perimeter traffic control shall be provided by sponsor; security shall consist of off -duty City Police officers, or other type security officially approved by the City. Page 2 of 8 —99— K. All construction of booths. stages, displays, electrical services and plumbing shall comply with City Codes. The final layout of booths shall be approved by the Director of Parks and Recreation; L. Provide for potable water within the event site; M. Provide first -aid stations; N. Provide continuous cleaning of the site during the event and return it to pre-event condition after event ends; O. Restore any damaged City property promptly after event ends; P. Coordinate all phases of event with appropriate City departments to insure a safe and successful event; Q. Vehicles shall be prohibited from parking on grass areas within the street right -of -way. R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S. All City Noise Abatement Ordinances shall be complied with; T. Allow for the free passage of emergency vehicles into event area in case of emergency; Li. Camival -type rides will not be permitted. V. Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required. *Evidence that these conditions have been met must be presented to the City Traffic Engineer prior to the request being submitted to the City Co n c1I for final approval. vent Chairman irganizer Signature flyezai. F) \; v r l toL Sponsoring Organization 5 zj.4 cfl Date Submitted For more information please. contact: The City of Corpus Christi, Traffic Engineering Division at: Ph: 381- 826 -3547 + Fax: 361 -826 -3545 1201 Leopard St. Corpus Christi TX 78401 • PO Box 9277 Corpus Christi, TX 78469 -9277 Page 3 of 8 —100— INDEMNITY AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF NUECES WHEREAS, Section iii of said standards, entitled Procedure and Permit Reauirements, requires a contractor for a permit to close or block any part of a roadway to file a statement with the Director of Engineering Services Traffic Engineering Division indemnifying in the city against all claims or causes of action by reason of or arising from the closing or blocking of the roadway pursuant to a permit issued by the City. Now, therefore, in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public right -of -way in said City, said permit applicant agrees to indemnify and safe harmless and defended the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, including court costs and reasonable attomey=s fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permit. The Contractor, during the term of operations specified in this Public Right -of- Way Blockage Permit, will provide and maintain at the Contractor expense, Comprehensive General Liability Insurance coverage with a Contractual Liability endorsement and with minimum limits of 11,000,000 Combined Single Limit for large events or $500,000 for small events as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named as Additional Insured an the policy. Evidence of required insurance coverage with a Certificate of insurance furnished to the Traffic Engineering Division prior to the proposed blockage under this permit. Witness my (our) hand(s) this date of 20 Permit Applicant Signature Company Name Page 4 of 8 -101- EXHIBIT A - INSURANCE REQUIREMENTS pERMITTEE'S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Permitter, must furnish to the City's Risk Manager, Certificate of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional Insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation, non - Bodily Injury and Property Damage renewal, material change or termination is required on all cettiticates Per occurrence aggregate COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT Including: 1, Commercial Foam 2. Premises — Operations 3. Underground Hazard 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Broad Form Property Damage 7. Independent Contractors C. In the event of accidents of any kind, Permllttee must furnish the Risk Manager with copies of all reports of such accidents within 10 days of any accident. IL ADOITIONAL REQUIREMENTS A. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the General liability coverage and a blanket waiver of subrogation in favor of the City is also required. • 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" end "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left ". In Neu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations ". • At a minimum, a 30-day written notice of cancellation, material change, non - renewal or termination is required. 2008 Steel Closure Pernik Ins. req. 54-08 ep Risk Mgmt Risk Management Representative Approved Insurance Date Page 5 of 8 -102- DIVISION 2. TEMPORARY CLOSURE OF STREETS Sec. 49-15. Permit required: application. No streets shall be closed temporarily nor shall any street right -of -way be used in such a mariner as to impede the free flow of traffic without the issuance of a permit by the city as provided herein. Any sponsor of an event desiring to close one (1) or more streets for said event shalt make application there for on fors furnished by the city containing such Information as the city may require including, but not limited to, the date and location of the event, the name of the sponsoring organization, the purpose of the event, and a diagram illustrating the street or streets to be closed and the layout of activities. The application must be submitted at least twenty (20) working days prior to the event and must be accompanied by an application fee as hereinafter provided to cover administrative costs. (Ord. No. 17651, § 1, 6.15 -1983; Ord. No. 20463, § 1.9- 20.1988) Sec. 49 -18. Issuance of permits; classification of events. Upon the review and recommendation of the application by the city, perils may be issued for the temporary closure of a street or streets In the following manner: a) Jilelahbofiood events. For neighborhood events at which no admission is charged and no items are sold and which require the closure of residential neighborhood streets for less than twelve (12) continuous hours, permits may be granted by the city manager or his designated representative. Notice of the granting of such permits shall be provided the city council. A peril application fee of one hundred ten dollars ($110.00) Is required for such events. b) Smell events. For small events which require the closure of one (1) or more minor streets adjacent to churches, schools, or other public institutions, not involving extensive detouring of traffic and not requiring closure for more than twelve (12) continuous hours, permits may be granted by the city manager or his designated representative. Notice of the granting of such permits shall be provided the city council. For the purposes of this section, the ter "minor streets" shall mean any streets other than arterial and collector streets as classified on the urban transportation plan. A permit application fee of two hundred dollars ($200.00) is required for such events. c) tame events. For all other events, which shall be treated as large events, including, but not limited to, events which require the closure of one (1) or more major streets or involve more extensive detouring of traffic, permits may only be issued by the city manager upon the approval of the city council expressed by motion. A permit application fee of two hundred dollars ($200.00) is required for such events. (Ord. No. 17651, § 1, 6-15 -1983; Ord. No. 20463, § 2, 9- 20.1988; Ord. No. 027349, § 5, 7 -24 -2007) Sec. 49 -17. Conditions and requirements for permit Prior to the temporary closure of any street, the sponsor must agree to comply with the conditions and requirements for such temporary closure imposed by the city including, but not limited to, the following: a) All events shall be open to the public and admission shall be free. b) All profits derived from the event shall be used for charitable purposes. c) Insurance policies naming the city as an additional insured shall be obtained with minimum coverage for small events of five hundred thousand dollars ($500,000.00)Jfive hundred thousand dollars ($500,000.00)lone hundred thousand dollars ($100,000.00) Page 6 of 8 -103- and for large events of five hundred thousand dollars ($500,000.00)/one million dollars ($1,000,000.00)/one hundred thousand dollars ($100,000.00). Certificates evidencing the required coverage shall be supplied the city at least live (5) days prior to the event. d) The sponsor shall agree to indemnify and forever save harmless the city from any claims arising from the event. e) Sufficient barricades shall be obtained by the sponsor and placed in accordance with a plan approved by the traffic engineer. f) (1) Notice required under this section must be furnished and posted at least two (2) weeks prior to the required city council meeting at which the motion to approve the permit will be considered. (2) Standard form of approved written notice required. The applicant/sponsor must give written notice by using the standard approved form supplied by the traffic engineer. (3) Required recipients of written notice. a. The applicant or sponsor must furnish approved written notice of the proposed temporary street closure as follows: 1. To all tenants occupying a tenant space of property abutting that portion of the street to be closed to vehicular traffic; and, in addition, 2. To all building managers and property managers of all multi - tenant properties abutting that portion of the street to be closed to vehicular traffic. 3. If the property abutting that portion of the street to be closed to vehicular traffic Is vacant, approved written notice may be mailed to the property owners last known address according to the of the Nueces County Tax Appraisal District's records. b. Proof of delivery. As part of the permit application process, the applicant must show the traffic engineer proof of having furnished the written notice required under this chapter. c. Hand delivery. Proof of each hand delivery may be shown by providing the signature of the recipient, along with the recipient's name, address, and contact information. d. Certified mail. If written notice cannot be made by hand delivery, proof may be shown by the receipt of certified mail delivery. (4) Posting of approved written notice required. The applicant or sponsor must post the approved wntten notice on the inside of entrances to multi-tenant buildings of properties abutting that portion of the street to be closed to vehicular traffic. (5) At least two (2) weeks' notice of public meeting required. The applicant or sponsor's approved written notice of the proposed temporary street closure shall 'include notice of the date, time, and location of the city council meeting at which approval of the permit Is scheduled. g) Adequate restroom facilities must be provided to accommodate the needs of the public h) All other permits required by the state or any other public authority must be obtained by the sponsor at least two (2) weeks prior to the event. 1) All security shall be provided by the sponsor. 17 Any construction of booths, stages, displays, electrical services and plumbing shall comply with the relevant city codes and shall be in accordance with the layout approved in the permit. k) A sufficient supply of potable water shall be supplied within the event site. I) Adequate first aid stations shall be provided by the sponsor. m) The sponsor shall provide continuous cleaning of the site during the event and at the conclusion of the event restore the site to the same condition It was in prior to the event. Any damaged public property shall be restored by the sponsor upon conclusion of the event. Page 7 of 8 -104- n) Vehicles shall be prohibited from parking on grass areas within the street right -of -way. o) No paint or other markings shall be permitted which in any way obliterate or deface any pavement markings. p) Provision shall be made for the free passage of emergency vehicles into the event area In case of emergency. q) City council may authorize a regularly schedule event such as Bayfest or Buccaneer Days to charge an admission fee. r) The city council by motion may authorize temporary closure of a street for producing a historical, cultural, documentary, promotional, or other similar motion picture, or for conducting a comparable event, which will promote the city. In addition to the application fee required by section 49-16, before the permit is issued the sponsor shall pay the same occupancy charges that would be required by section 53 -195 for a contractor occupying public right -of -way during erection, construction or repair of a building. If the city council finds that producing the motion picture or conducting the event in the city will provide sufficient favorable publicity and economic benefits to justify waiver, the council may waive the payment of said occupancy charges and may waive the requirements of subsections (a) and (b) above. In addition to the foregoing conditions and requirements, the city may require such other conditions or requirements as are reasonably necessary to fit the particular needs of the event in order to ensure the public safety and protect public property. (Ord. No. 17651, § 1, 6-15 -1983; Ord. No. 22157, § 1, 2.21 -1995; Ord. No. 23128, § 1, 11- 11 -1997; Ord. No. 24136, § 1, 7 -25 -2000; Ord. No. 027393, § 1, 8 -28 -2007) Sec. 49 -18. Reimbursement for costs of the city. For any event requiring the temporary closure of one (1) or more streets the sponsor must agree to either: a) Pay to the city four (4) per cent of the gross receipts derived from the event to defray the pubic expenses involved in producing the event; or b) Pay to the city an amount equal to the actual costs and expenses incurred by the city cleaning the site after the event and any other actual expenses of the city associated with the event. (Ord. No. 17651, §1, 6-15 -1983) Sec. 49-19. Reserved. httpa Nu ww. municode .com /resourceslaateway.aso ?Did= 13945 &sid =43 Chapter 49 Streets and Sidewalks' Division 2, Temporary Closer of Streets Sec. 49-15 through Sec. 49 -19 Page 8 of 8 -105- Page 1 of 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A USE PERMIT AGREEMENT WITH SPECIAL OLYMPICS, INC. FOR THE USE OF THE MEMORIAL COLISEUM PARKING LOTS FROM JULY 22, 2009 THROUGH JULY 27, 2009 FOR THE 2009 BAY BALL BALLY HOOP; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or designee, is authorized to execute a Use Permit Agreement with Special Olympics, Inc. for the use of the Memorial Coliseum Parking Lots from July 22, 2009 through July 27, 2009 for 2009 Bay Ball Bally Hoop. A copy of the Use Permit is on file with the City Secretary. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the _ day of July, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: July 2, 2009 2r Lisa Aguila , ssistant City Attorney For City Attorney H: \LEG- DIR \Lisa\2009 Ordinance\Bay Ball Ballyhoop SpeciardlA s ORD.doc 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott —107— 9 NO ATTACHMENT FOR THIS ITEM 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 14, 2009 AGENDA ITEM: A. ORDINANCE ADOPTING THE CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1, 2009; TO BE FILED WITH THE COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE BUDGET; AND PROVIDING FOR SEVERANCE. B. ORDINANCE TO RATIFY INCREASE OF $2,971,452 IN PROPERTY TAX REVENUES FROM LAST YEAR'S OPERATING BUDGET AS REFLECTED IN THE 2009 -2010 OPERATING BUDGET. ISSUE: The City Charter requires the City Council adopt the annual operating budget appropriating proposed revenues and expenditures prior to August 1 s` of each year. FUTURE COUNCIL ACTION: July 28, 2009 — Second reading of Ordinance adopting the City of Corpus Christi Operating Budget for FY 2009 -10, to be amended as needed subject to receipt of the Certified Tax Roll from Nueces County Appraisal District. REQUIRED COUNCIL ACTION: Approval of Ordinance as submitted. ISSUE: The Local Govemment Code now requires municipalities to ratify any increases in property tax revenues from the previous year. The attached Ordinance complies with the new requirement. REQUIRED COUNCIL ACTION: Approval of Ordinance ratifying the increase in property tax revenues from last year's operating budget. �Gl l ttill �t I Eddie Houlihan Assistant Director of Management & Budget 361/826 -3792 eddieho @cctexas.com —1 1 5— BACKGROUND INFORMATION Section 102.007 of the Local Government Code now requires the governing body of a municipality to ratify the property tax revenue increase reflected in the Budget separate and in addition to adopting the budget if more tax revenue will be raised by the Proposed FY 2009 -10 Budget than in the previous year. —116— AN ORDINANCE ADOPTING THE CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1, 2009; TO BE FILED WITH THE COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE BUDGET; AND PROVIDING FOR SEVERANCE. WHEREAS, the City Manager of the City of Corpus Christi (City), pursuant to Article IV, Section 2 of the City Charter, did submit to the City Council a budget proposal (Budget Proposal) of the revenues of the City, and the expenses of conducting the affairs thereof for the ensuing fiscal year beginning August 1, 2009, and ending July 31, 2010, and which Budget Proposal had been compiled from detailed information from the several departments, divisions, offices of the City, in accordance with the City Charter provision referenced above; and WHEREAS, the members of the City Council have received and studied the City Manager' s Budget Proposal and have called and held the proper hearing in accordance with Section 102.006, Texas Local Government Code, on the Budget Proposal; and WHEREAS, pursuant to Section 2(0, Article IV, of the City Charter of the City of Corpus Christi, Texas, the City Council must appropriate such sums of money as provided in the Budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Budget of the City of Corpus Christi, covering proposed expenditures amounting to $651,030,401 and estimated revenues amounting to $646,432,452 for the Fiscal Year beginning August 1, 2009, and ending July 31, 2010, as submitted by the City Manager, with modifications directed by the City Council and recorded in its minutes being incorporated by reference, is adopted. SECTION 2. That upon the passage of this ordinance certain sums of money from all sources of City revenues, as described in the Budget, shall be and they are appropriated to cover the sums for expenditures and investments as provided for each of the several funds in the Budget, as modified by the City Council. Notwithstanding any other provision to the contrary, the City Manager is authorized to make transfers within departments, divisions, purposes, or funds, provided it is in accordance with applicable law. SECTION 3. Police Officer Positions The number of positions budgeted for each police officer classification in the Police Department shall be: H:1LEG- DIR1Lise12009 Ordinance\FY09 -10 Budget.doc —117— Police officer and senior police officer - 392* Police Lieutenant - 36 Police Captain - 15 Police Commander - 6 Assistant Police Chief - 1 Police Chief - 1 FY09 -10 TOTAL 451 * These positions are interchangeable. Any police officer may become a senior police officer after 30 months' service by passing a pass /fail exam. This number may be temporarily increased by graduates from a police academy authorized by the City Manager, which temporary increase shall be reduced to authorized strength through attrition. SECTION 4. Firefighter Positions The number of positions budgeted for each firefighter classification in the Fire Department shall be: Firefighter - 134* Firefighter II —EMS — 109 Firefighter II — Engineer - 73 Fire Captain - 82 Battalion Chief - 10 Assistant Fire Chief - 4 Deputy Fire Chief - 1 Fire Chief - 1 FY09 -10 TOTAL 414 *This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which temporary increase shall be reduced to authorized strength through attrition. SECTION 5. That upon final passage of this budget ordinance, a true certified copy of this same ordinance shall be transmitted by the City Manager to the County Clerk of Nueces County, Texas, pursuant to Section 102.011, Texas Local Government Code. The budget shall also be part of the archives of the City. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision in this ordinance be given full force and effect for its purpose. H:1LEG- DIR\LIsa12009 Ordinance\FY09 -10 Budget.doc —118— 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: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form: July 6, 2009 Joe Adame Mayor By: oe.A0'` Lisa Aguila Assistant City Attorney for City Attorney —119— ORDINANCE TO RATIFY INCREASE OF $2,971,452 IN PROPERTY TAX REVENUES FROM LAST YEAR'S OPERATING BUDGET AS REFLECTED IN THE 2009 -2010 OPERATING BUDGET. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council ratifies the increase of $2,971,452 in property tax revenues from last year's operating budget as reflected in the 2009 -2010 Operating Budget. —120— 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: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: M5 7, 2 OO 3 By: Lisa Aguilar,(sistant City Attorney for City Attorney —121— 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 07/14/09 AGENDA ITEM: AMENDING CODE OF ORDINANCES, CHAPTER 39, PERSONNEL, ARTICLE III EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM, REVISING SECTION 39 -303 TO INCLUDE PAY ADJUSTMENT FOR COMMERCIAL DRIVER'S LICENSE (CDL) IN PAY PLAN 100, UPDATE MINIMUM WAGE IN PAY PLAN 200, ADJUST POLICE MANAGEMENT PAY RANGE IN PAY PLAN 300, ADD PROVISION TO MAINTAIN 5% DIFFERENTIAL ABOVE EMPLOYEES SUPERVISED BY SELECT POSITIONS IN PAY PLAN 400, MODIFY WORK COORDINATOR CAREER LADDER MAXIMUM PAY RANGES, CHANGE PAY GRADES IN PAY PLAN 1000; REVISING SECTION 39 -304, CLASSIFIED SERVICE DEFINED TO CLARIFY PAY PLANS EXEMPT FROM CLASSIFIED SERVICE; REVISING SECTIONS 39-337 AND 39452 TO CLARIFY USE OF SICK LEAVE CONSISTENT WITH THE FAMILY AND MEDICAL LEAVE ACT (FMLA); REVISING SECTION 39 -362 TO CLARIFY THAT PRIOR SERVICE OF A TEMPORARY EMPLOYEE SHALL NOT BE CONSIDERED AND RECOGNITION OF PRIOR SERVICE AFTER COMPLETION OF PROBATIONARY PERIOD; ADDING SECTION 39 -368 CATASTROPHIC LEAVE PROGRAM; REPEALING ALL OTHER ORDINANCES, AND RULES, OR PARTS OF ORDINANCES AND RULES, IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR EFFECTIVE DATE AND PROVIDING FOR SEVERANCE. ISSUE: Proposed Revisions to Chapter 39 of the City Of Corpus Christi's Code of Ordinances to Reflect Proposed Pay Increases, Pay Plan Changes, and Revisions to Language Each year a "housekeeping" Ordinance is prepared for the City Council to: > Revise Pay Plans in Code of Ordinances, Chapter 39, Personnel Sec. 39 -303 Standard Classifications, Pay Grades, and Ranges to reflect pay structure changes, pay increases for Municipal Court Judges, where recommended, and to include or exclude Council- Appointed positions, as directed by the City Council; > Revise language in Code of Ordinances, Chapter 39, Personnel if any, to clarify, add, delete, or update administrative rules and provisions related to compensation, classification, benefits, etc. See Background Information Section for proposed revisions. —125— REQUIRED COUNCIL ACTION: Requesting City Council approval of revisions to the City of Corpus Christi's Code of Ordinances, as amended, Chapter 39, Personnel, for administration of the Compensation & Classification Plan for FY 2009 -2010. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: It is recommended that the City Council approve the proposed revisions to the Code of Ordinances, Chapter 39, Personnel for FY 2009 -2010. Attachments -126- s,„ Cyntkfa C. Garcia Director of Human Resources cynthiag @cctexas.com 361- 826 -3306 BACKGROUND INFORMATION 1. Proposed Revisions To Chapter 39 of the City's Code of Ordinances: Article III: Section 303 Standard Classifications, Pay Grades, and Ranges • Revises Pay Plan 100 Skill -Based Pay rates to include the pay adjustment for Commercial Driver's License (CDL). • Update minimum wage effective 07/24/09. • Adjust Police Managerial to maintain 5% differential from Police contract pay schedule. • Add provision to maintain salaries for select positions in Pay Plan 400 (Grade 423 Deputy City Manager, Grade 422 Assistant Police Chief and 1st Assistant Fire Chief, Grade 421 Assistant City Manager, Grade 420 City Attorney and Director of Water Operations, Grade 419 Director, Grade 418 Deputy Director, Grade 417 Assistant Director) at a minimum of five percent (5 %) above the salary of the highest paid employee whom they supervise in their department. • Correct Pay Plan 600 Work Coordinator Career Ladder maximums of pay ranges. • Change grade code in Pay Plan 1000 Engineers /Engineering Services Section 304 Classified Service Defined • Clarify definition to address new Pay Plan HTH (Health District) employees Section 337 Plan I Use of Sick Leave, and Section 352 Plan II Use of Sick Leave • Clarifying use of sick leave for a qualifying family member. • Excluding a qualifying exigency, which was recently added to the federal Family and Medical Leave Act Section 362 Prior Service Credit • Clarifying that prior service of a temporary employee shall not be considered. • Reorganization of language for clarification purposes • Adding provision to grandfather part-time employees who have coverage as of 07/31/08 to continue participation. New Section 368 Catastrophic Leave Program • Adding a provision to allow the City Manager, or designee, to develop a Catastrophic Leave Program. • Provides employees an opportunity to donate sick leave hours accrued for use by employees with catastrophic illnesses or injuries, who have exhausted all accrued paid leave due to the illness or injury. —127— II. Compensation and Classification — For Information Only, No Additional Changes Proposed a. Compensation and Classification Study in 2001 -2002 In FY 2002 -2003, the City of Corpus Christi successfully implemented the Compensation & Classification Study conducted in FY 2001 -2002 to meet departmental business objectives, such as: ➢ Replacing the City's aging, obsolete system; ➢ Attracting and retaining qualified employees; ➢ Supporting re- engineering efforts for the Departments of Water, Wastewater, Storm Water, Gas, Streets, Solid Waste Services, and the Park Maintenance Division through development and implementation of skill -based pay systems; ➢ Providing solutions for citywide compensation issues such as, intemal equity of jobs within designated pay grade levels; ➢ Designing competitive pay plans; ➢ Providing the Council with an affordable phased -in implementation plan that began FY 2002 -2003. The City of Corpus Christi's goal is to reach 100% of competitive labor market rate for like positions with a phased -in approach, as guided by annual surveys. b. Phase I Implementation in FY 2002 -2003 In FY 2002 -2003, the new Compensation and Classification Plan was implemented. Most employees received a pay increase based on a pay range in each pay plan that was adjusted to reflect a mid -point pay level that was approximately 90% of the competitive labor market rate. In the transition in FY 2002 -2003 of employees into the new Pay Plans, 86% of the implementation dollars went to Non - exempt (overtime eligible) employees largely due to bringing eligible employees up to the minimum of the new pay plan ranges. Other employees received pay adjustments ranging from 1% to 2.3% based on a combination of longevity and location of their pay in the new ranges at time of transition. c. Phase II Implementation in FY 2003 -2004 Effective July 28, 2003, all Pay Plan Structures in Sec. 39 -303 of the City of Corpus Christi's Code of Ordinances received a 3% increase to pay range minimums and midpoints to adjust the structure from 90% to 93% of market, and a 2% increase to maximums needed to maintain market at 100 %. Employees in those Pay Plans were granted a 3% pay increase, except for employees at the maximums of their pay ranges who received a 2% pay increase and remained at the maximum of the range as a result of the increases. Effective December 1, 2003, all Pay Plan Structures in Sec. 39 -303 received a 2% increase to pay range minimums and midpoints to adjust the structure from 90% to 93% of market, and 0% increase to maximums that were adjusted to 100% of market effective July 28, 2003. Employees in those Pay Plans were granted a 2% pay increase, except for employees who had reached the maximums of their pay ranges and had been at 100% of market since July 28, 2003. -128- d. Phase III Implementation in FY 2004 -2005 Effective July 26, 2004, a 3% pay increase was concurrently implemented as follows: (1) granted to employees assigned to Pay Plan Structures in Section 39 -303 of the City's Code of Ordinances, and (2) granted to minimums and maximums of pay structure ranges to all Pay Plans in Section 39 -303. This increase was applied to Council Appointed Positions. e. Phase IV Implementation in FY 2005 -2006 Effective August 8, 2005, (1) non - exempt employees in Pay Plan 100 Skill Based Pay and Pay Plan 900 Non - Exempt (Overtime Eligible) in Section 39 -303 of the City's Code of Ordinances, were granted a 2.25% pay increase, and (2) pay structure range minimums and maximums in the pay plans described above, were adjusted by 2.25 %, as well. f. Phase V Implementation in FY 2006 -2007 There was no adjustment to the pay plan ranges in the fiscal year budget for 2006 -2007, although the City continued to monitor its market position. g. Pay Structure and Pay Increases in FY 2007 -2008 The fiscal year budget 2007 -2008 provided effective August 6, 2007: (1) employees in Pay Plan 100 Skill Based Pay, Pay Plan 300 Police and Fire Managerial, Pay Plan 400 Executives, Pay Plan 500 (a) and (b) Legal /Attorneys, Play Plan 600 Exempt, Pay Plan 700 Information Technology, Pay Plan 800 Information Technology, Pay Plan 900 Non - Exempt, and Pay Plan 1000 Engineers /Engineering Services in Section 39 -303 of the City's Code of Ordinances were granted a 3.0% pay increase, and, (2) pay structure range minimums and maximums in the pay plans described in (1) above, except Pay Plans 700 and 800 Information Technology, were adjusted by 3.0% as well, in an effort to maintain market position. Midpoints for Pay Plans 700 and 800 Information Technology were recalculated to reflect the true midpoint, as all pay plans have. h. Pay Structure and Pay Increases in FY 2008 -2009 The fiscal year budget 2008 -2009 provided effective November 24, 2008: (1) (3) employees in Pay Plan 100 Skill Based Pay, Pay Plan 300 Police and Fire Managerial, Pay Plan 400 Executives, Pay Plan 500 (b) Legal FLSA Overtime Eligible, Play Plan 600 Exempt, Pay Plan 900 Non - Exempt, and Pay Plan 1000 Engineers /Engineering Services in Section 39 -303 of the City's Code of Ordinances were granted a 2.5% pay increase, and, pay structure range minimums and maximums in the pay plans described in (1) above, were adjusted by 2.5% as well, in an effort to maintain market position. i. Pay Structure and Pay Increases in fg009 -2070 Police and Fire employees covered by Collective Bargaining Agreements will receive the negotiated 4% and 5% pay increases respectively. The City did conduct its annual market study, and monitors market position, which continues to lag the market in most areas. As directed by the City Council, the plan to move the Municipal Court Judge salaries to the City's midpoint continues, with the following increase schedule. Presiding Municipal Court Judge 11/24/08 2.5% - implemented 05/25/09 2.5% - implemented 08/17/09 2.5% 05/03/10 2.3% Municipal Court Judges 11/24/08 2.5% - implemented 02/16/09 3.5% - implemented 05/25/09 6.5% - implemented 08/17/09 2.5% 01/04/10 3.5% 05/03/10 4.9% 1I1. Status of Skill -Based Pay Development and Implementation a. Pilot Project for Skill -Based Pay (SBP) for Water Production Technician (0. N. Stevens Water Plant) and Wastewater Treatment Technician (Wastewater Treatment Plants) Skill -Based Pay Programs support reengineering and the development of multi - skilled workers through rewarding employees who continuously learn and acquire increasingly complex core skills required for a department to meet its business objectives. The Skill -Based Pay (SBP) Pilot Project for Water Production Technician (0. N. Stevens Water Plant) and Wastewater Treatment Technician (all Wastewater Treatment Plants) was implemented on August 11, 2003. This Pilot effort provided opportunities to work through problems and issues to successfully implement and track employees' development. Approximately 90% of SBP training is received on the job. Skill -Based Pay programs reward employees with compensation based on attainment of core skills instead of position titles held. This type of compensation program supports re- engineering through development of highly skilled workers to operate complex facilities, such as the O.N. Stevens Water Plant and the multiple Wastewater Plants in Corpus Christi. Employee compensation is based on attainment of proficiency on sets of skills and meeting other pay advancement criteria, e.g. "Meets Expectations" Performance Evaluation and no disciplinary actions in specified time period. Pay advancements are automatic upon the -130- The Work Management System (MAXIMO) used by the Water and Wastewater Departments is being interfaced with the PeopleSoft Training Module in the City's Human Resources /Payroll System. Work Coordinators (supervisors), Planner /Schedulers, and Skill - Based Pay Coordinators work closely with employees and each other to ensure that training opportunities on required skills will be available. Computerized reports that track on- the -job training progress through Work Orders will facilitate administration of the Skill -Based Pay Program. The City of Corpus Christi's Skill -Based Pay Programs provide career opportunities for local high school or GED graduates to enter a career path, such as a Water Production Technician, Wastewater Treatment Plant Technician, or other titles that will result from continuation of skill -based pay development. Skill -Based Pay offers competitive wages for being multi - skilled in a complex area of City operations. In addition, the City's Pilot Skill - Based Pay System provides for hiring applicants above minimum of the range with demonstrated skills and a valid TCEQ license to operate a Water Production Plant or Wastewater Treatment Plant since skill proficiency determines compensation in a skill -based compensation plan. Effective June 28, 2004, the Water Distribution Technician, Wastewater Collections Technician and Water Supply Technician were rolled into the SBP program. b. Metro -Com Technician (Police /Fire /EMS Dispatchers) Implemented Effective April 19, 2004 With the pay check of April 19, 2004, the City of Corpus Christi's Police /Fire /EMS Dispatchers were transitioned from their existing Pay Plan into SBP with the new title of Metro -Com Technician. c. SBP for Storm Water and Gas Departments Effective February 7, 2005, the Gas Department went live on SBP with three tracks; Gas Construction Technician, Gas Operations and Measurement Technician, and Gas Service Maintenance Technician. The Storm Water Department went live with one track, Storm Water M &O Technician. d. SBP Implementations in FY 2007 -2008 The Parks & Recreation Department implemented skill based pay for Park Operations — Park Operations Technician, Park Construction Technician, Horticulture Technician, and Irrigation Technician. e. SBP Implementations in FY 2008 -2009 Streets and Solid Waste Services had been planned for implementation in FY 2008 -2009 however this remains pending. f. Planned SBP Implementations in FY 2008 -2009 There are no departments scheduled for SBP implementation in FY 2009 -2010 due to budget constraints. -131- IV. Status of Competency Based Career Ladders • IT Career Ladder implemented in January 2005, being revised August 1, 2008. • Work Coordinator Career Ladder implemented September 1, 2006. • Identification Career Ladder implemented February 19, 2007 for Police Department Multi Media Specialist, Crime Scene Investigator and Examiner, and revised November 2007. • City Attorney Career Ladder was implemented effective August 1, 2008. • Municipal Court Judge Career Ladder is being developed. • Engineer Career Ladder is being developed. The City continues to evaluate each pay plan to see which program is most appropriate for the function, Skill Based Pay or Competency Based Career Ladders. -132- Page 1 of 11 ORDINANCE AMENDING CODE OF ORDINANCES, CHAPTER 39, PERSONNEL, ARTICLE III EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM, REVISING SECTION 39 403 TO INCLUDE PAY ADJUSTMENT FOR COMMERCIAL DRIVER'S LICENSE (CDL) IN PAY PLAN 100, UPDATE MINIMUM WAGE IN PAY PLAN 200, ADJUST POLICE MANAGEMENT PAY RANGE IN PAY PLAN 300, ADD PROVISION TO MAINTAIN 5% DIFFERENTIAL ABOVE EMPLOYEES SUPERVISED BY SELECT POSITIONS IN PAY PLAN 400, MODIFY WORK COORDINATOR CAREER LADDER MAXIMUM PAY RANGES, CHANGE PAY GRADES IN PAY PLAN 1000; REVISING SECTION 39 -304, CLASSIFIED SERVICE DEFINED TO CLARIFY PAY PLANS EXEMPT FROM CLASSIFIED SERVICE; REVISING SECTIONS 39 -337 AND 39 -352 TO CLARIFY USE OF SICK LEAVE CONSISTENT WITH THE FAMILY AND MEDICAL LEAVE ACT (FMLA); REVISING SECTION 39 -362 TO CLARIFY THAT PRIOR SERVICE OF A TEMPORARY EMPLOYEE SHALL NOT BE CONSIDERED AND RECOGNITION OF PRIOR SERVICE AFTER COMPLETION OF PROBATIONARY PERIOD; ADDING SECTION 39468 CATASTROPHIC LEAVE PROGRAM; REPEALING ALL OTHER ORDINANCES, AND RULES, OR PARTS OF ORDINANCES AND RULES, IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR EFFECTIVE DATE AND PROVIDING FOR SEVERANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -303, is amended to read as follows: ARTICLE III. EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM Sec. 39 -303. Standard classifications, pay grades, and ranges. (a) Classifications. The classifications of employees of the city, as set forth in this section, will include: Pay Plan 100 Skill -Based Pay (FLSA Overtime Eligible); Pay Plan 200 Temporary (FLSA Overtime Eligible); Pay Plan 300 Police and Fire Managerial (Salaries not covered in Collective Bargaining Agreements or in Executive Pay Plan 400); Pay Plan 400 Executives (FLSA Overtime Ineligible); Pay Plan 500(a) Legal (FLSA Overtime Ineligible); Pay Plan 500(b) Legal (FLSA Overtime Eligible); Pay Plan 600 Exempt (FLSA Overtime Ineligible); Pay Plan 700 Information Technology (FLSA Overtime Eligible); Pay Plan 800 Information Technology (FLSA Overtime Ineligible); Pay Plan 900 Non - Exempt (FLSA Overtime Eligible); Pay Plan 1000 Engineers /Engineering Services (FLSA Overtime Ineligible); Pay Plan HTH Health District (FLSA Overtime Eligible /FLSA Overtime Ineligible). -133- Page 2 of 11 (b) Pay Plan 100. Skill -Based Pay Plan 100 includes pay range structures established for administration of the Skill -Based Pay System. The city manager is authorized to add Skill - Based Pay Range Structures and training programs throughout the fiscal year as job titles are consolidated and transitioned from existing pay plans in Chapter 39, Section 39 -303 into Skill -Based Pay Plan 100. The pay grades and ranges for positions in Skill -Based Pay Plan 100 are as follows. Pay Plan 100 Skill -Based Pay FLSA Overtime Eligible 2.5% Effective 11/24/2008 Note: Second rate per sub -zone, if listed, is the rate for employees in the sub -zone who have a CDL. and meet all Sam'- �.-rFR -- r�Y. Y " L� A •� `iY€ ` -�a� 101, 102, 104 105, 106, 107, 108 , _ a� ���.�Y °.Aefh (Metro -Com Technician) b4 v�� 4.4 ��3`T - �(n'.L`a •a. m ii'r.i?_ (Parks and Recreation Operations) added 8/1/2008 1 1.0 $17,065 $29,012 $17,065 1 1.1 17,408 29,882 17,408 1 1.2 17,755 17,755 1 1.3 18,465 18,465 1 1.4 19,203 19,203 1 1.5 19,970 2 2.1 21,169 31,078 21,169 2 2.2 22,440 31,699 22,440 2 2.3 23,786 32,333 23,786 2 2.4 25,213 32,979 25,213 29,370 2 2.5 26,725 33,639 26,725 30,888 2 2.6 28,329 32,490 34,312 2 2.7 30,029 34.195 3 3.1 32,432 36.247 38,429 32,432 36.247 3 3.2 35,026 38.422 43,040 35,026 38,422 3 3.3 37,829 40.343 48,206 37,829 40.343 3 3.4 40,854 42,369 51,438 40,854 42.360 3 3.5 45,758 -134- Page 3 of 11 3 3.6 51,248 3 *3.7 58,091 • Sub -zone 3.7 applies to grades 101 and 102 only. This includes a 2.5 per cent adjustment to step pay rates to address market position effective 11/24/2008, and a 2.5 per cent pay increase for each employee in Pay Plan 100 effective 11/24/2008. Second rate per sub -zone, if listed, effective 8/3/2009. (c) Pay Plan 200. Pay Plan 200 includes hourly temporary positions that are not covered in the FLSA Overtime Eligible Pay Plan 900. The city manager is authorized to make changes to this pay throughout the fiscal year as required, such as for minimum wage changes as required by federal law. The pay grades and ranges for positions in Pay Plan 200 are as follows: Pay Plan 200 Temporary FLSA Overtime Eligible Effective 8/812007 8/3/2009 • Federal Minimum Wage increased to $7.25 on 7/24/2009. • 11= - • Adjusted to comply with state law and the pay received by election workers for other local entities. ' Grades 213 through 216: 3% increase effective 8/6/2007. (d) Pay Plan 300. Pay Plan 300 will include the management positions that are not covered in the collective bargaining agreements or Pay Plan 400 (Executives). Salary ranges in Police and Fire Managerial Pay Plan 300 will maintain a minimum five (5) per -135- ` ' a' .z�.'_ ,,rshu5 ... �L� 4� F `u t fS .:. 5 .Y.4^ , *211 $ 645 7.25 $ 645 7.25 $ 645 7.25 **212 799 7.25 9.00 11.00 213 7.83 10.43 13.03 214 9.18 11.92 14.65 215 9.99 12.98 15.97 216 12.04 15.64 19.23 • Federal Minimum Wage increased to $7.25 on 7/24/2009. • 11= - • Adjusted to comply with state law and the pay received by election workers for other local entities. ' Grades 213 through 216: 3% increase effective 8/6/2007. (d) Pay Plan 300. Pay Plan 300 will include the management positions that are not covered in the collective bargaining agreements or Pay Plan 400 (Executives). Salary ranges in Police and Fire Managerial Pay Plan 300 will maintain a minimum five (5) per -135- Page 4 of 11 cent differential (1) between the range minimum for police commanders and fire assistant chiefs in the police and fire managerial Pay Plan 300 and the entry step for police captain and fire battalion chief as stated in the applicable contract; and (2) between the range maximum for police commanders and fire assistant chiefs in the Police and Fire Managerial Pay Plan 300 and the highest step for police captain and fire battalion chief as stated in the applicable contract. The city manager is authorized to make changes to this pay structure as required throughout the fiscal year to be in compliance with the effective salary ranges adopted in the applicable police and fire collective bargaining contracts. The pay grades and ranges for positions in Pay Plan 300 are as follows: Pay Plan 300 Police and Fire Managerial FLSA Overtime Eligible 3% Effective 8/6/2007 * Police Managerial ranges are adjusted to maintain a minimum five (5) per cent differential, effective 8/142908 8/3/2009. This includes a 2.5 per cent pay increase for each employee in Pay Plan 300 effective 11/24/2008. (e) Pay Plan 400. Pay Plan 400 will include positions at the highest level of decision - making and responsibility. The pay grades and ranges for positions in Pay Plan 400 are as follows: Pay Plan 400 Executives FLSA Overtime Ineligible 2.5% Effective 11/24/2008 `-t` .4 ,.*`z'� i*,� ) 410 4'i $34,096 $41,938 ' it is. .` v-4 >d-1 6I AJp. � S 'f`_', � ...vo r?� �; `. P ,. }� 412 36,609 50,756 ,, ,� 40,107 *311 $78,611 81,762 $84764.7 86.222 61,469 $90,682 312 78,232 84,457 90,682 * Police Managerial ranges are adjusted to maintain a minimum five (5) per cent differential, effective 8/142908 8/3/2009. This includes a 2.5 per cent pay increase for each employee in Pay Plan 300 effective 11/24/2008. (e) Pay Plan 400. Pay Plan 400 will include positions at the highest level of decision - making and responsibility. The pay grades and ranges for positions in Pay Plan 400 are as follows: Pay Plan 400 Executives FLSA Overtime Ineligible 2.5% Effective 11/24/2008 `-t` .4 ,.*`z'� 410 $26,254 $34,096 $41,938 411 33,586 46,565 59,544 412 36,609 50,756 64,903 413 40,107 55,604 71,100 414 44,337 61,469 78,601 —136— Page 5 of 11 415 49,236 68,261 87,287 416 55,171 76,487 97,803 417 62,092 86,086 110,079 418 69.445 96,279 123,113 419 70,197 97,320 124,433 420 78,476 108,797 139,118 421 79,357 110,020 140,683 422 87,963 99,021 110,079 423 89,712 124,378 159,043 424 100,671 112,557 124,443 430 City Manager No Range This includes a 2.5 per cent range adjustment in address market position effective 11/24/2008, and a 2.5% pay increase for each employee in Pay Plan 400 effective 11/24/2008. The base salary of employees in the following positions of Pay Plan 400 Executives shall be maintained such that there is a minimum five percent (5 %) differential above the salary of the highest paid employee supervised in any lower grade position in their department(s). 423 Deputy City Manager 422 Assistant Police Chief, First Assistant Fire Chief 421 Assistant City Manager 420 City Attorney, Director of Water Operations 419 Director 418 Deputy Director 417 Assistant Director This minimum salary differential will be granted up to the maximum of the pay range, and will not exceed the maximum of the pay range. (g) Pay Plan 600. Pay Plan 600 will include all positions that may be designated as exempt from overtime under the FLSA except positions in Pay ,Plan 800 (Information Technology), Pay Plan 500 (Legal), Pay Plan 300 (Police and Fire Managerial), and Pay Plan 400 (Executives). The pay grades and ranges for positions in Pay Plan 600 are as follows: —137— Page 6 of 11 Pay Plan 600 Exempt FLSA Overtime Ineligible 2.5% Effective 11/24/2008 TgOldle4aitiii Mititliern. r-E- •=-T*A:ett,-It-a'a; aabie,4374;11 Thr- ---,-,,,15,4:1;t.t.i aeviii: ;;;_axklyks-ff---kkrs Entry 611 $26,059 $35,673 $45,287 612 28,144 38,527 48,909 613 30,537 41,802 53,066 614 33,286 45,565 57,844 615 36,448 49,894 63,340 616 40,093 54,853 69,613 617 44,305 60,648 76,991 618 49,177 67,319 85,461 This includes a 2.5 per cent range adjustment to address market position effective 11/24/2008, and a 2.5 per cent pay increase for each employee in Pay Plan 600 effective 11/24/2008. Work Coordinator Career Ladder FLSA Overtime Ineligible 2.5% Effective 11/24/2008 Grade 630 This includes a 2.5 per cent range ,adjustment to address market position effective 11/24/2008, and a 2.5 per cent pay increase for each employee in Pay Plan 600 effective 11/24/2008. -138- Entry $48,046 $50,927 $ 1 50,928 53,176 53,984 2 53,985 567686 58 303 3 58,304 61,210 67 047 4 67,048 70,402 This includes a 2.5 per cent range ,adjustment to address market position effective 11/24/2008, and a 2.5 per cent pay increase for each employee in Pay Plan 600 effective 11/24/2008. -138- Page 7of11 * * * (k) Pay Plan 1000. Pay Plan 1000 will include positions focused on delivery of engineering services, except those in Pay Plan 400 (Executives). The pay grades and ranges for positions in Pay Plan 1000 are as follows: Pay Plan 1000 Engineers /Engineering Services (FLSA Overtime Ineligible) 2.5% Effective 11/24/2008 This includes a 2.5 per cent range adjustment to address market position effective 11/24/2008, and a 2.5 per cent pay increase for each employee in Pay Plan 1000 effective 11/24/2008. New grades effective 8/3/2009. SECTION 2. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -304, is amended to read as follows: Sec. 39 -304. Classified service defined. (a) The classified service includes all positions not exempted in this section. The following are exempt from the classified service and, therefore, are not covered by rules and regulations of the civil service board: (1) All positions within the following pay plans: Pay Plan 1000 (Engineers /Engineering Services), Pay Plans 800 and 700 (Information Technology), Pay Plan 600 (Exempt), Pay Plans 500(a) and (b)(Legal), Pay Plan 400 (Executives), and Pay Plan 300 (Police and Fire Managerial), and Exempt employees of Pay Plan HTH Health District. (2) All positions in the mayor's office, and all positions in the city secretary's office. —139— 645 E01 $40,911 $55,868 $70,825 645 E02 45,001 61,601 78,202 645 E03 49,950 68,378 86,805 617 E04 55,446 75,900 96,353 648 E05 62,100 85,008 107,917 This includes a 2.5 per cent range adjustment to address market position effective 11/24/2008, and a 2.5 per cent pay increase for each employee in Pay Plan 1000 effective 11/24/2008. New grades effective 8/3/2009. SECTION 2. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -304, is amended to read as follows: Sec. 39 -304. Classified service defined. (a) The classified service includes all positions not exempted in this section. The following are exempt from the classified service and, therefore, are not covered by rules and regulations of the civil service board: (1) All positions within the following pay plans: Pay Plan 1000 (Engineers /Engineering Services), Pay Plans 800 and 700 (Information Technology), Pay Plan 600 (Exempt), Pay Plans 500(a) and (b)(Legal), Pay Plan 400 (Executives), and Pay Plan 300 (Police and Fire Managerial), and Exempt employees of Pay Plan HTH Health District. (2) All positions in the mayor's office, and all positions in the city secretary's office. —139— Page 8 of 11 (3) Any position that functions as the principal secretary or assistant to the city manager, assistant city manager, executive director, municipal court judge, department director, assistant department director, city secretary, city attorney, assistant city attorney. (4) Temporary employees. (5) All members of the police and fire collective bargaining unit. (b) Any employee serving in a position not included in the classified services serves at will, at the pleasure of the city manager (or the city council if appointed by the city council), and will have and continue such at -will status notwithstanding any other ordinance, rule, or regulation of the city. No officer or employee of the city may waive or modify the at -will status of any position described in this section. Provided, however, police and fire positions are governed by collective bargaining agreements and state law as to job status. SECTION 3. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -337, is amended to read as follows: Sec. 39 -337. Plan I use of sick leave. Plan I employees can use accrued sick leave for the following purposes: (1) the serious medical condition of a qualifying immediate family member as defined in sky -pokey the FMLA; (2) FMLA for eligible employees who meet the eligibility requirements of the federal law, with the exception of a qualifying exigency; and (3) other medically related purposes that are not covered by FMLA leave. Granting the use of paid sick leave is at the discretion of the department head or designee, and may be denied if the employee's leave is unauthorized or sick leave is abused. SECTION 4. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -352, is amended to read as follows: Sec. 39 -352. Plan II use of sick leave. Plan II employees can use accrued sick leave for the following purposes: (1) the serious medical condition of a qualifying immediate family member as defined in city - policy the FMLA; (2) FMLA for eligible employees who meet the eligibility requirements of the federal law, with the exception of a qualifying exigency; and (3) other medically related purposes that are not covered by FMLA leave. Granting the use of paid sick leave is at the discretion of the department head or designee, and may be denied if the employee's leave is unauthorized or sick leave is abused. -140- Page 9 of 11 SECTION 5. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -362, is amended to read as follows: Sec. 39 -362. Prior service credit. (a) Leaves without pay of less than thirty (30) days shall not interrupt continuous service but shall be deducted for all other purposes. Absences of leave without pay in excess of thirty (30) days, except for disability leave and extended service with the Armed Forces of the United States, shall be deducted in computing total service but shall not serve to interrupt continuous service. In case of repeated one -day absences without leave, the city manager, or designee, may consider the service of the employee interrupted and shall have the personnel record of the employee show the same. (b) Upon interruption of service followed by reinstatement or return to duty, the continuous service date shall be the effective date of reinstatement or return to duty except as further provided in this section. (c) Prior service may be recognized for continuous service credit, but shall be reduced by the rate of one calendar month for each calendar month or part thereof absence, upon approval of the city manager, as recommended by the department head. The effective date of reinstatement shall be adjusted by the amount of prior service recognized. An employee's last two (2) periods of employment, less service breaks, shall be used in calculating prior service credit. (d) Prior service of less than six (6) months, or prior service as a temporary employee, shall not be considered in computing continuous service credit. An employee's fact two (2) periods of employment, Tess service (e) Recognition of prior service for continuous service credit shall not be granted until satisfactory completion of probationary period. x * • • w SECTION 6. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -368, is added to read as follows: Section 39 -368 Catastrophic Leave Program The City Manager, or designee, is authorized to develop a Catastrophic Leave Program to provide employees with the possibility of obtaining additional sick leave days to avoid loss —141— Page 10 of 11 of compensation due to a catastrophic illness or injury when the employee has exhausted all accrued leave. SECTION 7. This Ordinance is effective upon final adoption by the City Council. Adjustments to salary ranges of Pay Plans within this Ordinance will become effective August 3, 2009, as indicated on individual Pay Plans in Section 39 -303 of the Code of Ordinances. SECTION 8. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. —142— Page 11 of 11 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: Joe Adame Priscilla Leal Chris N. Adler John F Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED AS TO FORM JC_t Lta (D , 2009 ,i j J 1 By':-------z-, ' . Jennifer A. Knox - Walker Assistant City Attorney for City Attorney —143— 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 14, 2009 AGENDA ITEM: In support of the FY 2009 -10 Proposed Budget which includes fee and rates increases and new proposed fees and rates. A. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water, gas and wastewater rates and fees, providing an effective date. B. First Reading Ordinance - Amending section 55 -7, Local Exchange Access Line 9 -1 -1 Service Fee, of the Code of Ordinances, by increasing the service fees of residential, business, and business trunk local exchange access lines; providing for an effective date and providing for publication. C. First Reading Ordinance — Amending the Code of Ordinances, City of Corpus Christi, Chapter 29 Municipal Court, regarding Juvenile Case Manager Fee increase; and providing for publication. D. First Reading Ordinance - Amending the Code of Ordinances, Chapter 21, Article I, Section 21 -1 by revising the definition for "can account ;" amending Article IV, Sections 21 -40(a) by revising Solid Waste resource recovery fees and enacting a Residential Cart Collection Fee; amending Article IV, Sections 21 -47(a) and (b) by revising the State Agency reference and the Municipal Solid Waste System service charges; providing for an effective date; providing for severance; providing for publication; and providing for penalties. E. First Reading Ordinance — Revising Section 55- 70(9), Code of Ordinances, City of Corpus Christi, to increase Water tap fees; providing for penalties; providing for severance; and providing for publication. F. Resolution authorizing adjustment of Parks, Recreation, Cultural and Leisure Time Activities rental and recreation fees; adding new rental fees and recreational fees for Fiscal Year 2009 - 2010; providing for publication; and providing for an effective date. —147— ISSUE: The Proposed FY 2009 -10 Budget includes estimated revenues generated from increased fees /rates and new fees /rates necessary to fund specific projects and /or cover existing operating costs. PREVIOUS COUNCIL ACTION: July 7, 2009 — Proposed Budget Public Hearing RECOMMENDATION: Approval of the ordinances as presented. Eddie Houlihan Assistant Director of Management and Budget 361/826 -3792 eddiehoecctexas.com —148— ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55, UTILITIES, REGARDING WATER, GAS AND WASTEWATER RATES AND FEES; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 55 -50 of the Code of Ordinances is amended by revising it to read as follows: "Sec. 55 -50. Schedule of water rates. "(a) Base rates for water service. "The rates for water service are as follows: "(1) Monthly Minimum Charges "a. Metered Treated Water Customers "1. Inside City Limits Meter Size (Inches) August 1, August 1. 20013-fie July 31, 2009 to July 31, 2009 2010 Residential 5/8" - 3/4" $4855 $8.55 Commercial 5/8" - 3/4" 12.33 12.33 Residential & Commercial 1" 18.50 18.50 1 -1/2" 30.81 30.84 2" 61.67 61.67 , 3" $9847 $98.67 • \LEG- DIR\Lisa\2009 Ordinance \Utility rate.doc -149- Meter Size (Inches) August 1, August 1, 2008 -te July 2009 to July 31, --347 2009 2010 Residential 4" 197.34 197.34 $ -40-26 $ 10.26 6" 308-35 308.35 8" and larger 616.70 616.70 Large Volume Any size 46;028 16.028.00 700 1 -1/2" "2. Outside City Limits Meter Size August-17 2908 -to July 31, August 1, 2009 to July 31, 2909 2010 Residential 5/8" - 3/4" $ -40-26 $ 10.26 Commercial 5/8" - 3/4" 44-80. 14.80 Residential & Commercial 1" 22.20 22.20 1 -1/2" 37-40 37.01 2" 7-440 74.00 3" 118.11 118.40 4" $236 784 $236.81 6" 370.02 370.02 H. \LEG- DIR\Lisa\2009 Ordinance \Utility rate.doc —1 5 0— 2 3 Meter Size August August 1, -1, 2008 to July 31, 2009 to July 31, 2009 2010 Minimum monthly service charge, industrial 8" and larger 710.01 740.04 Minimum annual service charge, domestic 127.540 Large Volume Any size 26,741.00 26.744.00 "1 Mi without a raw water supply contract executed after January 1, 1997: If the charge based on the volume of water taken in a monthly billing period is less than $233.040 the customer shall be billed $233.040 unless a valid water supply contract between the customer and City that was executed prior to January 1, 1997, provides for a minimum "b. Untreated Water Customers H:\LEG- DIR\Lisa\2009 Ordinance \Utility rate.doc —151— August 1, 2008 2009 to July 31, 2009 2010 Minimum monthly service charge, water districts/ municipalities with raw water supply contracts executed after January 1, 1997 $382.631 Minimum monthly service charge for Public Agency for Resale Untreated Water without a raw water supply contract executed after January 1, 19971 $233.040 Minimum monthly service charge, industrial 382.631 Minimum monthly service charge, domestic 12.744 Minimum annual service charge, domestic 127.540 H:\LEG- DIR\Lisa\2009 Ordinance \Utility rate.doc —151— annual payment. If a valid water supply contract between the customer and City executed prior to August 1, 2000, provides for a minimum annual payment, the customer shall pay the minimum annual payment under the contract. "(2) Monthly Volume Charges Per 1,000 Gallons "a. Residential Rate "1. Inside City Limits *Use the Minimum Charges in Subsection (a)(1). "2. Outside City Limits HALEG•DIR\Lisa12009 Ordinance \Utility rate.doc —152— 4 August 1, 20084e4uly 31, 2009 August 1, 2009 to July 31, 2010 First 2,000 Gallons Minimum* Next 4,000 Gallons 2.795 2.898 Next 4,000 Gallons 3.493 3.623 Next 5,000 Gallons 4.017 4.166 Next 15,000 Gallons 4.89x- 5.072 Next 20,000 Gallons 5,939 6.159 Next 50,000 Gallons 6,463 6.703 Over 100,000 Gallons 6.987 7.246 *Use the Minimum Charges in Subsection (a)(1). "2. Outside City Limits HALEG•DIR\Lisa12009 Ordinance \Utility rate.doc —152— 4 *Use the Minimum Charges in Subsection (a) (1). "b. Commercial Rate "1. Inside City Limits August 1, 2008 2009 to July 31, 2009 -2010 First 2,000 Gallons Minimum* Next 4,000 Gallons 1.501 to 1.564 July 31, 2009 Next 4,000 Gallons 1.876 1.955 Next 5,000 Gallons 2.157 2.248 Next 15,000 Gallons 2.626 2.737 Next 20,000 Gallons 3.189 3.324 Next 50,000 Gallons 3.171 3.617 Over 100,000 Gallons 3.752 3.910 *Use the Minimum Charges in Subsection (a) (1). "b. Commercial Rate "1. Inside City Limits H \LEG- DIR \Lisa\2009 Ordinance ■Utility rate.doe —153— 5 August August 1, 2008 2009 to to July 31, July 31, 2009 2010 H \LEG- DIR \Lisa\2009 Ordinance ■Utility rate.doe —153— 5 6 First 2,000 MiR1131144111. Minimum* Gallons to July 31, to July 31, Over 2,000 $3 -493 $3.623 Gallons "Minimum* Minimum* "* Use the Minimum Charges in Subsection (a)(1). "2. Outside City Limits Use the Minimum Charges in Subsection (a)(1). "c. Reserved" "d. Resale Treated Water Rates "1. Treated water rates purchased for resale where the water is taken and metered at the site of treatment are hereby set as follows: August -1; 2007 August 1, 2009 to July 31, to July 31, 2008 2010 First 2,000 Gallons "Minimum* Minimum* Over 2,000 Gallons $1.76 $1.955 Use the Minimum Charges in Subsection (a)(1). "c. Reserved" "d. Resale Treated Water Rates "1. Treated water rates purchased for resale where the water is taken and metered at the site of treatment are hereby set as follows: "* Use the Minimum Charges in Subsection (a)(1). 2. Treated water rates purchased for resale where the water is delivered to the resale entity through City facilities are hereby set as follows First 2,000 Gallons Minimum* Over 2,000 Gallons $-1.506 H: \LEG- DIR\Lisa\2009 Ordinance \Utility rate.doc —154— August 1, August 1, 2007 to July 31, 2009 to July 31, 2008 2010 First 2,000 Gallons Minimum= Minimum* Over 2,000 Gallons $477 $.918 "* Use the Minimum Charges in Subsection (a)(1). 2. Treated water rates purchased for resale where the water is delivered to the resale entity through City facilities are hereby set as follows First 2,000 Gallons Minimum* Over 2,000 Gallons $-1.506 H: \LEG- DIR\Lisa\2009 Ordinance \Utility rate.doc —154— 7 $1.564 "* Use the Minimum Charges in Subsection (a) (1). "e. Large Volume Customers "A commercial customer who agrees to pay for a minimum of 10,000,000 gallons of treated water per month is considered a large volume customer. Once a customer has elected to become a large volume customer, the customer will be billed as a large volume customer until the customer notifies the City and requests reclassification as a commercial customer in writing. However, a commercial customer may not elect to become a large volume customer more than once in any 12 month period. "1. Inside City Limits Use the Minimum Charges in Subsection (a)(1). "2. Outside City Limits August -1, 20064e July 31, August 1, 2009 to July 31, 2009 2010 First 10,000,000 Gallons Minimum* Minimum* Each Additional 1,000 Gallon $ 1.617 $1.940 Use the Minimum Charges in Subsection (a)(1). "2. Outside City Limits "* Use the Minimum Charges in Subsection (a)(1). H \LEG- DIR\Lisa\2009 Ordinance \Utility rate.doc —155— Augusts 2006 to July 31, August 1, 2009 to July 31, 2009 2010 First 10,000,000 Gallons Minimum* Minimum* Each Additional 1,000 Gallon $-1.06 $ 1.564 "* Use the Minimum Charges in Subsection (a)(1). H \LEG- DIR\Lisa\2009 Ordinance \Utility rate.doc —155— 8 "f. Public Agency for Resale Untreated Water Rates "The rates for the purchase of untreated water purchased by a public agency, which does not have a raw water supply contract with the City executed after January 1,1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this section, for the period used to determine the composite cost of untreated water under the City's current contract with the public agency. "(b) Raw water cost adjustment (RWCA). In addition to the charges for the base rates for water service, established in subsection (a), a separate charge for the costs of raw water, the RWCA, will be added to each consumer's bill, except public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997. (A public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997, will pay the lower of the composite cost, as defined in its contract with the city or the rate for public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997, specified in subsection (a)(2)f. of this section.) The RWCA will be based on projected system -wide raw water sales. The RWCA will be calculated on an annual basis according to the following procedures: "(1) Use projected system -wide water sales based on historical consumption and projected growth. "(2) Include the annual budgeted cost of debt service Bond payments, amortization of deferred losses on refundings, and other debt service costs shall be applied to the RWCA in the same proportion as the raw water activities proportion of the original bond proceeds. "(3) Include budgeted expenditures for purchases of water. "(4) Include purchases of water rights, amortized over the duration of the water right agreement. "(5) Budgeted expenditures for capital items shall be included as follows: "a. The expense of acquiring a capital item that costs not more than one hundred thousand dollars ($100,000.00) shall be charged in the year in which it is acquired. "b. The expense of acquiring a capital item that costs more than one hundred thousand dollars ($100,000.00) shall be amortized over the number of years used to calculate depreciation expenses, with the half - year convention used in the year of acquisition. "(6) All operating and maintenance expenditures shall be charged based on annual budgeted amounts. These expenditures include operation and maintenance of dams, reservoirs, pipelines, wells, pumping stations, and related interfund charges. H:1LEG- DIR1Lisa12009 OrdinancelUtility rate.doc —156— 9 "(7) All expenses for consultants, engineering, legal services, and administration shall be charged based on annual budgeted amounts in the proportion to which they apply to raw water issues. "(8) Expenses related to the acquisition and transportation of emergency water supplies shall be included in the RWCA for the following fiscal year, unless foreseen and budgeted in advance, in which case they are included in the year budgeted. "(9) Miscellaneous revenues related to raw water activity, such as oil and gas lease revenues and interest earned on debt service surety bonds, is applied as an offset based on annual budgeted amounts. "(10) "(11) Apply the credit for levelized Choke Canyon debt payments to city rate payers' projected water consumption, and deduct from their RWCA. (The escalating payment schedule on the Choke Canyon debt was levelized through the creation of a reserve fund. In the initial years, payments greater than the debt service were made, with the excess going into the reserve fund. This excess was paid through a rate surcharge on ICL and OCL metered treated water customers. Now that bond payments exceed the levelized payment amount, the reserve fund is drawn on to make up the difference. Since only ICL and OCL metered treated water customers participated in building the reserve fund, the drawing on the reserve fund is only credited to the RWCA assessed against ICL and OCL metered treated water customers. "(11) Include funds necessary to collect 1.35 times coverage on current annual debt service in order to improve the financial position and bond ratings of the City's water fund. "(12) Include funds necessary to establish and maintain an Operating Reserve fund with a target amount of 25% (or 3 months) of annual operating expenses for the fiscal year. "(13) Include funds necessary to establish and operate a Water Capital Reserve fund with a target amount of 2% of the respective annual water Capital Improvements Program for the fiscal year or $2,000,000 (whichever is greater). H:\LEG- DIR \Lisa12009 Ordinance \Utility rate.doc —157— 10 "(14) The minimum operating or capital reserves amounts are intended to provide for unplanned, unbudgeted expenses and revenue shortfalls, and will not be used for routine expenses. "(15) At fiscal Year end, determine the amount of over or under collections that have resulted from difference between budgeted and actual expenses and offsetting revenues and the difference between projected and actual volume of water sold. Any funds realized in excess of annual expenses are available for either supplementing minimum operating or capital reserves, for addition to the capital funds for discretionary cash capital funding of the water utility, or to create and maintain a reserve to level out large fluctuations in raw water charges is authorized. Apply any remaining amount as an adjustment to the following fiscal Year's RWCA. "(c) Definitions. "Costs of raw water is the total of all costs of acquiring, producing, storing, conserving, and transporting untreated water from its source to the City's treatment facility and all other points of diversion. These costs include, but are not limited to, the costs of: "Construction, including debt service, operation, and maintenance of dams and reservoirs. "Construction, including debt service, operation, and maintenance of raw water supply transmission pipelines. "Construction, including debt service, operation, and maintenance of wells. "Construction, including debt service, operation, and maintenance of facilities capable of converting wastewater effluent, salt water, and brackish ground water into water suitable for municipal, industrial, or agricultural uses. "Acquisition of new water supplies and water rights. "Payments to the P.L. 104 -318 Alternative Water Supply Acquisition and Facilities Construction Special Fund. "Construction, operation, and maintenance of facilities to reduce water losses from water resources due to evaporation or the release of water from a reservoir due to the operation of law. "Acquisition and transportation of emergency water supplies, including the costs of transporting water by vessel or pipelines from other regions. "Water supply development and protection, including consultants' studies and reports, investigations, legal fees, court costs, and any other costs related to the development or protection of the water supply. H:\LEG- DIR\Lisa'2009 OrdinancelUtility rate.doc —158— 11 Administrative costs, including overhead and the portion of the city's general administrative costs applicable to the activities enumerated in this definition." SECTION 2. The water rates established in Section 1 of this ordinance shall take effect and be applied against all service provided on or after the first day of August 2009. SECTION 3. Section 55 -61 of the Code of Ordinances is amended to include the classification of customers and schedule of gas rates, which shall read as follows: "Sec. 55 -61. Classification of customers and schedules of rates. "(a) RESIDENTIAL CUSTOMERS: "(1) Inside City Limits "a. Winter rates (from November Cycle 11 through April Cycle 10) "Note: Rates do not include purchased gas adjustment and sales tax, where applicable H:\LEG- DIR\Lisa\2009 Ordinance \Utility rate.doc —159— Rate per MCF Monthly Consumption August 1, 2009 — July 31, 2010 Meter Charge $1.00 First 1 MCF 9460 (Minimum Bill) 9.47 Next 2 MCF 5.195 5.30 Next 7 MCF 3.003 Next 3 MCF 106 Next-644F 2.621 Next 4 MCF 2.98 Next35 233 -MCF Next 20 MCF 2.89 Next 20 MCF 2.47 All over 50 MCF 2.014 2.05 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable H:\LEG- DIR\Lisa\2009 Ordinance \Utility rate.doc —159— 12 "b. Summer rates (from April Cycle 11 through November Cycle 10) "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(2) Outside City Limits "a. Winter rates (from November Cycle 11 through April Cycle 10) Monthly Consumption Rate per MCF Monthly Consumption Meter Charge $1.25 August 1, 2009— July 31, 2010 144125 - 11.68 Meter Charge $1.00 First 1 MCF 9.260 (Minimum Bill) 9.47 Next 2 MCF 6.195 5.30 Ncxt 5 MCF 3.003 Next 3 MCF 3.06 N,MCF 1.507 Next 4 MCF 2.30 28 MCF 4-459 Next Next 20 MCF 1.54 Next 20 MCF 1.50 AA- nag ever48 -Mfg€ All over 50 MCF 1.37 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(2) Outside City Limits "a. Winter rates (from November Cycle 11 through April Cycle 10) Monthly Consumption August 2008 ' ,h, 34 2009 August 1, 2009 — July 31, 2010 Meter Charge $1.25 First 1 MCF (Minimum Bill) 144125 - 11.68 H:\LEG- DIR\Lisa\2009 Ordinance Utility rate.doc —160— 13 Monthly Consumption Auguct 1, 2008 July 31, 2000 August 1, 2009 - July 31, 2010 Monthly Consumption August 1, 2008 July 31, 2000 Next 2 MCF 5.824 August 1, 2009 - July 31, 2010 5.94 Next CF ;$ $1.25 Next 3 MCF 3.43 11 -x426 (Minimum Bill) Next- 40-MCF 3,132 Next 4 MCF 3.34 Next 20 MCF 3.24 5.821 Next 20 MCF 2.77 5.94 All over 50 MCF 2.184 Next 5 MCF 2.30 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "b. Summer rates (from April Cycle 11 through November Cycle 10) H \LEG- DIR \Lisa\2009 Ordinance\Utility rate.doc -161- Rate per MCF Monthly Consumption August 1, 2008 July 31, 2000 August 1, 2009 - July 31, 2010 Meter Charge $1.25 First 1 MCF 11 -x426 (Minimum Bill) 11.68 Next 2 MCF 5.821 5.94 Next 5 MCF 31-9 Next 3 MCF 3.43 Next- 30-MCF 1.656 Next 4 MCF 2.58 H \LEG- DIR \Lisa\2009 Ordinance\Utility rate.doc -161- 14 Next 20 MCF 1.72 Monthly Consumption Next 20 MCF 1.68 August 1, 2009 — July 31, 2010 1.121 All over 50 MCF 1.53 97260 (Minimum Bill) "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(b) GENERAL RATE CUSTOMERS (commercial, industrial, & institutional) rates: "(1) Inside City Limits H:\LEG -DI R\Lisa\2009 Ordinance \Utility rate.doc —162— Rate per MCF Monthly Consumption August 1, 2009 — July 31, 2010 Meter Charge $12.02 First 1 MCF 97260 (Minimum Bill) 9.69 Next 2 MCF 5.195 5.30 Next 7 MCF 1.853 Next 3 MCF 4.95 Next 4 MCF 4.86 Next 40 MCF 4,668 4.76 Next 50 MCF 2.011 2.05 Next 100 MCF 1.679 1.71 H:\LEG -DI R\Lisa\2009 Ordinance \Utility rate.doc —162— 15 Next 100 MCF 1.466 1.50 August 1, 2008 July 31, 2000 August 1, 2009— July 31, 2010 Next 700 MCF 1.403 $15.02 First 1 MCF (Minimum Bill) 1.43 11.95 Next 1,000 MCF 1.212 5.94 1.24 5,469 5.54 Next 3 MCF Next 13,000 MCF -090 5.44 1.11 Next 40 MCF All over 15,000 MCF 1.044 1.06 'Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(2) Outside City Limits H:\LEG- DIR \Lisa\2009 Ordinance \Utility rate.doc —163— Rate per MCF Monthly Consumption August 1, 2008 July 31, 2000 August 1, 2009— July 31, 2010 Meter Charge $15.02 First 1 MCF (Minimum Bill) 11.426 11.95 Next 2 MCF 5.824 5.94 Next 7 MCF 5,469 5.54 Next 3 MCF Next 4 MCF 5.44 Next 40 MCF 5.257 5.33 H:\LEG- DIR \Lisa\2009 Ordinance \Utility rate.doc —163— 16 Next 50 MCF 2.181 2.30 August 1, 2008 July 31, 2000 August 1 2009 - July 31, 2010 Next 100 MCF 1.572 $1.00 First 1 MCF (Minimum Bill) 1.92 Next 100 MCF 2.089 1.68 Next 700 MCF 4-486 1.60 Next 1,000 MCF 1.212 1.39 Next 13,000 MCF 4-090 1.24 All over 15,000 MCF 4-044 1.19 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(c) SEASONAL CUSTOMERS (partial year service) rates (all customers who have requested a cutoff and re- connection at the same location or for services to the same premises, including increases or reductions of the same premises, and which cutoff was not necessitated by reason of reconstruction of the building on the premises, shall be classified as seasonal customers, and in lieu of the rates applicable to residential customers, shall be charged and collected the following charge for gas furnished and delivered to the meters by the Gas Department of the City): "(1) Inside City Limits H: \LEG- DIR\Lisa\2009 Ordinance \Utility rate.doc -164- Rate per MCF Monthly Consumption August 1, 2008 July 31, 2000 August 1 2009 - July 31, 2010 Meter Charge $1.00 First 1 MCF (Minimum Bill) 15484 H: \LEG- DIR\Lisa\2009 Ordinance \Utility rate.doc -164- 17 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(2) Outside City Limits 15.71 Monthly Consumption August 1, 2008 July 31, 2000 Next 2 MCF 13.912 Meter Charge $1.25 14.19 18.470 18.87 Next 3 MCF 10.46 15.892 Next--7-MCF Next 4 MCF 6.74 11.72 Next 7 MCF 6.695 7.55 Next 30 MCF 2.833 Next 38 3,142 2.89 Next 20 MCF 2.47 All- ever'10 2.014 -MCF All over 50 MCF 2.05 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(2) Outside City Limits H \LEG- DIR\Lisa\2009 Ordinance \Utility rate.doc —165— Rate per MCF Monthly Consumption August 1, 2008 July 31, 2000 August 1, 2009 — July 31, 2010 Meter Charge $1.25 First 1 MCF (Minimum Bill) 18.470 18.87 Next 2 MCF 15.892 Next--7-MCF 7.188 Next 3 MCF 11.72 Next 4 MCF 7.55 Next 38 3,142 -MCF H \LEG- DIR\Lisa\2009 Ordinance \Utility rate.doc —165— 18 Next 20 MCF 3.24 Monthly Consumption August 1, 2008 July 31, 2009 Next 20 MCF 2.77 Meter Charge $12.02 All over 50 MCF 2.30 (Min First 1 MCF (Min Bill) Ala 2.181 Next 2 MCF "Note: Rates do not include purchased gas adjustment and sales tax, where applicable. "(d) INCENTIVE AIR COOLING AND CONDITIONING RATE CUSTOMERS rates (limited to customers using less than 15,000 MCF per month annual average. All general rate customers that have installed total energy or have gas operated air cooling and air conditioning equipment, or both, and have an average used in MCF per month in the seven summer months that exceeds the five winter months in average use, when inspected and approved by the Gas Department, who request in writing to be billed in the summer months on the Summer Incentive Gas Rate Schedule starting with Cycle 11 in April and ending with the billing Cycle 10 in November shall be billed on the following rate schedule): "(1) Inside City Limits H: \LEG- DIRLLisa\2009 Ordinance Utility rate.doc —166— Rate per MCF Monthly Consumption August 1, 2008 July 31, 2009 August 1, 2009 —July 31, 2010 Meter Charge $12.02 First 1 MCF Bill) 949 (Min First 1 MCF (Min Bill) 9.69 Next 2 MCF 5.194 5.30 Next-7-pgOF 1.853 Next 3 MCF 4.95 Next 4 MCF 4.29 Next 40 MCF 3.554 3.62 Next 150 MCF 1.507 H: \LEG- DIRLLisa\2009 Ordinance Utility rate.doc —166— 19 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable. "(2) Outside Ci y Limits Monthly Consumption 1.54 August 1, 2009 - July 31, 20010 Next-340-MCF 4:403 First 1 MCF (Minimum Bill) 11-426 Next 100 MCF 1.43 Next 2 MCF 5.821 Next 500 MCF 1.212 Ncxt 7 MCF Next 700 MCF 1.24 Next 3 MCF 5.54 Next 1000 MCF 1.11 Next 4 MCF 4.80 1-.090 Next 40 MCF 3.093 4.05 Next 13,000 MCF 1.06 All over 15,000 MCF 1444 1.01 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable. "(2) Outside Ci y Limits Monthly Consumption Auguct 1, 2008 July 31, 2000 August 1, 2009 - July 31, 20010 Meter Charge $15.02 First 1 MCF (Minimum Bill) 11-426 11.95 Next 2 MCF 5.821 5.94 Ncxt 7 MCF 5.469 Next 3 MCF 5.54 Next 4 MCF 4.80 Next 40 MCF 3.093 4.05 H \LEG- DIR \Lisa12009 Ordinance \Utility rate.doc -167- 20 Next 150 MCF 4-656 1.72 Next 100 MCF 1.60 Next 300 MCF 1.185 Next-549-MCF 1.276 Next 700 MCF 1.39 Next 1000 MCF 1.24 Next 11,000 MCF 1.131 Next 13,000 MCF 1.19 All over 15,000 MCF 4-844 1.13 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable. "(e) PURCHASED GAS ADJUSTMENT. The rates in subsections (a), (b), (c), and (d) of this section are subject to gas cost adjustments as follows: Rates will be adjusted monthly by the City following the receipt of notice of the cost of gas from the supplier to pass on to the consumer the full amount of such cost adjusted for pressure base and gas loss & unaccounted -for factors. Additional fees and charges paid to the supplier, which are necessary for the City to receive the gas, shall be included in the cost of gas. All general rate customers, who consume over 15,000 MCF in one month, and who receive gas from the City's distribution system at the same pressure base at which the City receives the gas from its supplier (14.65 psi), shall be billed 2.05% less per MCF for purchased gas adjustment than the General Customer Rate Schedule. "(f) INTERRUPTIONS. Deliveries of gas to Commercial or Industrial customers may be interrupted or curtailed in case of shortage, or threatened shortage, of gas supply from any cause whatsoever, to conserve gas for residential and other human need customers served hereunder, according to all mandatory orders of governmental agencies having jurisdiction." SECTION 4. The gas rates established in Section 3 of this ordinance shall take effect and be applied against all service provided on or after the first day of August 2009. SECTION 5. Section 55 -100 of the Code of Ordinances is amended to include the classification of customers and schedule of wastewater rates, which shall read as follows: H :LEG- DIR \ Lisa \2009 Ordinance \Utility rate.doc —168— 21 "Sec. 55 -100. Schedule. "(a) The monthly charge to be paid by users of sewer service furnished by the City's municipal sewer system, except as otherwise provided in Articles VII and XI of Chapter 55, shall be based on the amount of water used by the user according to the following rates: Classification August-17 2008 August 1, 2009 to --fie July 31, July 31, 2009 2010 Inside City Limits One - family minimum monthly charge (first 2,000 gallons) $ 18.870 19.87 Inside City Limits One - family per 1,000 gallons over 2,000 $37 4.02 Inside City Limits One - family maximum monthly charge (Up to 25,000 gallons) 106.67 92.46 Outside City Limits One - family minimum monthly charge (first 2,000 gallons) a349-9 24.84 Outside City Limits One - family per 1,000 gallons over 2,000 7.634 8.47 Outside City Limits One- family maximum monthly charge (Up to 25,000 gallons) $199.181 194.81 H: \LEG- DIR\Lisa\2009 Ordinance \Utility rate.doc —169— 22 Classification August 1, August 1, 2008 to July 31, 2009 to July 31, 2008 2010 Inside City Limits Commercial minimum monthly charge (first 2,000 gallons) 26.862 29.28 Inside City Limits Commercial per 1,000 gallons over 2,000 2.856 3.11 Outside City Limits Commercial minimum monthly charge (first 2,000 gallons) 33478 36.60 Outside City Limits Commercial per 1,000 gallons over 2,000 $548 623 "(b) The amount of water used to compute the monthly bills to one family residential customers shall be computed on the basis of the "winter average" or "interim average" that is calculated under this subsection. (1) Definitions a. Winter Averaging Wastewater Charge Period -- the period of water and wastewater service during the three complete consecutive reading periods commencing on or after December 1 of each year. Using the three complete consecutive reading periods, the City shall establish monthly wastewater service charges for customers based upon their average monthly water consumption. The customer must receive wastewater service at one location during the three consecutive reading periods in order to establish a "winter average ". b. Winter Average -- The monthly wastewater usage established by the City of Corpus Christi during the "winter averaging wastewater charge period ". This usage is the basis for monthly billings which apply to service before and including July 31 of each year. Billings which apply to service H \LEG- DIR \Lisa\2009 Ordinance \Utility rate.doc —170— 23 after July 31 will reflect wastewater usages based on the previous "winter averaging wastewater charge period ". c. Interim Average -- The monthly wastewater usage established by the City for individual customers who have not established a "winter average ". The "interim average" shall be recalculated each year based on the total "winter average" consumption of all customers subject to winter averaging divided by the number of winter averaging customers, and shall be the basis for monthly billings until a "winter average" as defined in subsection (b)(1)b. of this section is established for the individual customer. d. Service Area -- the geographic region served by the City's wastewater system. (2) Winter Average Criteria a. "Winter Average" charges shall apply to one - family residential customers only. b. The "winter average" shall be based on a customer's average water consumption for three complete consecutive reading periods commencing with the customer's first reading period on or after December 1 of each year. c. The following method will be used to calculate a customer's "winter average ". 1. Add the three winter months water consumption to get total water consumption. "2. Divide three month usage amount by 3 to get winter average usage. Such winter average usage shall be limited to a maximum of 25,000 gallons. "d. Using the winter average usage, apply the applicable rates established in subsection (a) of this section to calculate the customer's wastewater bill for each month until a new average is established for rates are changed. "e. New and Relocating Customers; Adjustments "1. Customers new to the service area, who have not established a "winter average ", shall be billed at the "interim average" rate. "2. Customers who are relocating within the service area, who established a "winter average" at their previous address, shall be billed at the "interim average" rate or their "winter average" rate at the previous address, whichever is less. H: \LEG -DI R \Lisa\2009 Ordinance \Utility rate.doc —171— 24 "3. Customers who are relocating within the service, area, who have not established a "winter average" at their previous address, shall be billed at the "interim average" rate. "4. When a customer experiences a substantial increase in water or wastewater usage from hidden water leaks in the plumbing system during the winter average charge period, and if the customer can produce proof of repairs, the Director of Finance or the Director's designee may adjust the wastewater bill. "(3) Administrative change in rates. "a. Annually the City Manager shall calculate base revenues from single - family residential wastewater customers. Base revenues shall equal the prior year's actual revenues from single - family residential wastewater customers, adjusted for 1 subsequent actual rate increases, and for any increase in the single - family residential wastewater customer base. For this purpose, a year shall run from -June 1 through May 31. "b. The City Manager shall annually, based upon the Winter Average wastewater usage determined during the Winter Averaging Wastewater Charge Period, adjust the rate in the new fiscal year applied to each customer's winter average or interim average so that the Adjusted Rate will produce an amount equal to the base revenues. "(c) The rates established in subsection (a) of this section are based upon water consumption for wastewater service customers with wastewater characteristics of 562 parts per million or less by weight of chemical oxygen demand index, 250 parts per million or less by weight of biochemical oxygen demand index, and 250 parts per million or less by weight of suspended solids index. If the wastewater characteristics exceed any of these parameters shall pay an additional abnormal wastewater surcharges as provided in Section 55- 148." SECTION 6. The wastewater rates established in Section 5 of this ordinance shall take effect and be applied against all service provided on or after the first day of August 2009. SECTION 7. Section 55 -148 of the Code of Ordinances is amended to include the schedule of values used to determine the abnormal wastewater surcharges. Section 55- 148(a)(6) and (8) shall read as follows: "Sec. 55 -148. Fees. "(a) Abnormal wastewater surcharge. "(6) Computations of each surcharge, as applicable, shall be based on the following: "S =V x 8.34 x X x (COD -562) H: \LEG- DIR \Lisa\2009 Ordinance\Utility rate.doc —172— 25 "S =V x 8.34 x Y x (BOD -250) "S = V x 8.34 x Z x (TSS -250) "S = Surcharge in dollars for the billing period. "V = Water consumption in millions of gallons during the billing period. "8.34 = Weight of water in pounds per gallon. "X = Unit charge in dollars per pound for COD as established subdivision (8) of this subsection. "Y = Unit charge in dollars per pound for BOD as established in subdivision (8) of this subsection. "Z = Unit charge in dollars per pound for TSS as established in subdivision (8) of this subsection. "COD = Chemical oxygen demand strength index in parts per million by weight, or mg /I. "BOD = Five -day biochemical oxygen demand strength index in parts per million by weight, or mg /I. "TSS = Total suspended solids strength index in parts per million by weight, or mg /I. "250 = Normal BOD and TSS strength in parts per million by weight, or mg /I. "562 = Normal COD strength in parts per million by weight, or mg /I. * * * * * "(8) The values for X, Y, and Z used in subdivision (6) of this subsection to determine the abnormal wastewater surcharge are:" Value August 1, 2008 August 1. 2009 to to July 31, July 31, 2009 2010 X (unit charge in dollars per pound of COD) $04000 $0.0000 Y (unit charge in dollars per pound of BOD) 073091 0.3369 H: \LEG- DIR\Lisa\2009 Ordinance \Utility rate.doc —173— 26 Z (unit charge in dollars per pound of TSS) 0.2210 0.2419 * * * SECTION 8. The values used to determine the abnormal wastewater surcharges established in Section 7 of this ordinance shall take effect and be applied against all service provided on or after the first day of August 2009. SECTION 9. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 10. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:LLEG- DIR \Lisa\2009 Ordinance \Utility rate.doc —174— 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: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: ?oo By: Lisa Aguilai ssistant City Attorney for City Attorney —175— AN ORDINANCE AMENDING SECTION 55 -7 "LOCAL EXCHANGE ACCESS LINE 9 -1 -1 SERVICE FEE," OF THE CODE OF ORDINANCES, BY INCREASING THE SERVICE FEES FOR RESIDENTIAL, BUSINESS AND BUSINESS TRUNK LOCAL EXCHANGE ACCESS LINES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 55 -7 "Local exchange access line 9 -1 -1 service fee," of the Code of Ordinances, is amended to read as follows: "Sec. 55 -7. Local exchange access line 9 -1 -1 service fee. x "(b) 9 -1 -1 emergency service fee. Each service supplier in the city shall collect a 9 -1 -1 emergency service fee of one dollar and twenty -five cents ($1.9G g) per month for each residential local exchange access line; one dollar and twenty forty -five cents ($1.2045) per month for each business local exchange access line; and one dollar and twenty sixty cents ($1.2050) per month for each business trunk local exchange access line. The 9 -1 -1 emergency service fee shall be used only for costs attributable to equipment and personnel necessary to operate the city's public safety answering point. * • * SECTION 2. The fees established in Section 1 of this ordinance shall take effect and be applied against all service provided on or after August 1, 2009. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 4. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. —176— 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: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. Al ! EST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: June 27, 2009 By: istant City Attorney For City Attorney —177— 1 ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 29 MUNICIPAL COURT, REGARDING JUVENILE CASE MANAGER FEE INCREASE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 29 -52 of the City of Corpus Christi Code of Ordinances is amended to increase the juvenile case manager fee as follows: "Sec. 29 -52. Juvenile case manager fee. (a) There is created a juvenile case manager fee pursuant to Article 102.0174 of the Texas Code of Criminal Procedure. (b) A defendant convicted of a fine -only misdemeanor offense in municipal court of record shall pay a three - dollar ($3.00) five dollar ($5.00) juvenile case manager fee as a court cost. This fee does not apply to parking citations. (c) For purposes of this section, a person is considered convicted if: (1) A sentence is imposed on the defendant; or (2) The defendant receives deferred disposition, including deferred proceedings under Article 45.052 or 45.053 of the Texas Code of Criminal Procedure. (d) The municipal court of record judge is authorized to waive this fee in a case of financial hardship, for example, if a municipal court of record judge has determined that the defendant is indigent, or has insufficient resources or income, or is otherwise unable to pay all or part of the underlying fine or costs. (e) The municipal court of record administrator shall collect this cost of court and pay it to the city treasurer to be kept in a separate fund known as juvenile case manager fund. The juvenile case manager fund may be used only to finance the salary and benefits of a juvenile case manager employed by the municipal court of record under Article 45.056 of the Texas Code of Criminal Procedure. The municipal court of record, on approval of the city council, may employ (1) one or more full -time juvenile case managers to assist the court in administering the court's juvenile docket and in supervising its court orders in juvenile cases. 1 (f) 1 (g) (h) This fund shall be administered by or under the direction of the city council. (i) This fee applies only to conduct that occurs on or after January 1, 2006. H: \LEG- DIR \Lisa\2009 Ordinance\Juvenile Case Manager fee.DOC —178— 2 SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. This Ordinance takes effect on August 1, 2009. 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. H: \LEG- DIR \Lisa\2009 Ordinance\Juvenile Case Manager fee.DOC —1 7 9— 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: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form: July 2, 2009 By: 4 Lisa Ag , Assistant City Attorney for City A orney Joe Adame Mayor —180— AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 21, ARTICLE I, SECTION 21 -1 BY REVISING THE DEFINITION FOR "CAN ACCOUNT;" AMENDING ARTICLE IV, SECTION 21 -40(a) BY REVISING SOLID WASTE RESOURCE RECOVERY FEES AND ENACTING A RESIDENTIAL CART COLLECTION FEE; AMENDING ARTICLE IV, SECTIONS 21.47(a) and (b) BY REVISING THE STATE AGENCY REFERENCE AND THE MUNICIPAL SOLID WASTE SYSTEM SERVICE CHARGES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR PENALTIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The definition for "can account" in Chapter 21, Article I, Section 21 -1, of the Code of Ordinances is amended by revising the definition to read as follows: "Can account: A commercial or residential account sucteager who sets out its solid waste in conventional refuse receptacles er- glastis -trash -bags of less that-ninety- gallon 100 - gallon or Tess capacity for collection by a permitted solid waste hauler." SECTION 2. Chapter 21, Article IV, Section 21- 40(a), of the Code of Ordinances is amended by revising the resource recovery fees set out in the table in subsection (a), including enacting a double load fee for heavy brush/bulky items and a cart collection fee for customers that have more than one cart, and revising the subsection to read as follows: "Sec. 21-40. Charges - -For collection services within the City of Corpus Christi. "(a) The following charges apply to the collection of solid waste from solid waste services department customers located within the limits of the City of Corpus Christi. In addition to the charges listed below, each customer is liable for any applicable federal /state surcharges or fees specified in section 21 -20 and state and city taxes. The charges for collection services are: TABLE INSET: Type lion Description Minimum Charge Per Month or Fraction Thereof Collection (1) One - family dwelling $15.91 (2) Two - family dwelling on one (1) water and/or gas meter , $31.82 (3) Two - family dwelling on separate water and/or gas meters $15.91 each unit (4) Apartment $15.91 per unit —181— (5) One - family dwelling and single apartment on one (1) water and/or gas meter $31.82 (6) Apartment house, travel trailer park, or manufactured home park on one (1) water and/or gas meter $15.91 per unit (7) Apartment house, travel trailer park, or manufactured home park- - Each apartment, travel trailer pad, or manufactured home site on separate water and/or gas meter $15.91 per unit (8) Additional charge for rear door pickup on any type above $11.86 per unit (9) Additional loads of heavy brush or bulky item at time of scheduled heavy brush or bulky item collection $38:30 $64.13 per load (10) Surcharge for bulky item pickup $1.0.00 $11.00 per item (11) Special non - scheduled heavy brush, clean wood, waste, debris, or bulky items pickup, including pickup of heavy brush and debris set out more than two (2) weeks prior to the scheduled pickup or brush or debris that is a traffic, safety, or health hazard Actual cost not to exceed $200.00 per load (12) Recycling containers: Each solid waste services customer account will pay a fee for recycling containers that will be refunded upon termination of the account and return of the recycling containers $ 6.00 per container (13) Surcharge for tires set out for collection $ 5.00 per tire (14) Garbage cart delivery fee -- assessed for every second and additional $10.00 per cart $2.00 per cart residential cart delivered and for every third commercial cart delivered per account (Commercial: maximum three carts) Monthly collection fee on second and additional residential carts „(b) * * * ,, SECTION 3. Chapter 21, Article IV, Sections 21 -47(a) and (b), of the Code of Ordinances is amended by revising the reference to the appropriate State agency and the municipal solid waste system service charges, and revising the subsection to read as follows: "Sec. 21-47. Municipal solid waste system service charge. "(a) The municipal solid waste system service charge is designed to cover costs incurred by the city as a result of the generation of solid waste by businesses and industries within the city. The municipal solid waste system service charge covers several components: "(1) City. street use, which covers some of the costs to repair city streets, curbs, and gutters due to damage from solid waste industry vehicles. Costs of repairs to federal and state highways are not included. EHord259.doc —182— Page 2 of 6 "(2) Landfill availability, which provides revenues to help recover the cost of ensuring the availability of permitted municipal landfills for use of solid waste generators located within the city. "(3) Solid waste management, which covers some of the costs incurred by the city associated with the city's litter control, code enforcement, and illegal dumping enforcement programs, some of the cost associated with the city's recycling, waste reduction, cash for trash, and household hazardous waste programs, education, recycling training, public awareness, and other solid waste programs, to help the city reach the forty (40) per cent diversion rate goal defined by the TPIRCC Texas Commission on Environmental Quality. It also covers the cost of enforcing this chapter. "(b) The municipal solid waste system service charge for all waste collected is: "(1) For customers located within the city, who are billed by their permitted solid waste hauler for hire by tonnage, the municipal solid waste system service charge is cents ($27.35) thirty -four dollars and fifty -seven cents ($34.57) per ton of waste. "(2) For customers located within the city, who are billed by their permitted solid waste hauler for hire by the volume of the dumpster and frequency of service, the municipal solid waste system service charge is one dollar and forty cents ($1.40) per cubic yard of capacity each time the customer's dumpster is serviced. For customers located within the city, who are billed by their permitted solid waste hauler by the volume of the roll -off box and frequency of service, the municipal solid waste system service charge is three dollars and sixtv -nine cents ($3.69) per cubic yard of capacity each time the customer's roll -off box is serviced. "(3) For customers located within the city, who are billed by their permitted solid waste hauler for hire by tonnage, if their permitted solid waste hauler for hire has a put or pay contract with the city and disposes the customer's solid waste at a disposal site operated by the department, the municipal solid waste system service charge will be credited with _ . _ nineteen dollars and forty -three cents ($19.43) for the portions of the charge that are collected through the hauler's acceptance fee. The municipal solid waste system service charge, with the credit, is eleven- dellams fifteen dollars and fourteen cents ($15.14) per ton of waste. EHord259.doc Page 3 of 6 -183- EHord259.doc "(4) For customers located within the city, who are billed by their permitted solid waste hauler for hire by the volume of the dumpster and frequency of service, if their permitted solid waste hauler for hire has a put or pay contract with the city and disposes the customer's solid waste at a disposal site operated by the department, the municipal solid waste system service charge will be credited with fortv -nine cents ($0.49) for the portions of the charge that are collected through the hauler's acceptance fee. The municipal solid waste system service charge, with the credit, is ninety -one cents ($0.91) per cubic yard of capacity each time the customer's dumpster is serviced. "(5) For customers within the city, who are billed by the permitted solid waste hauler for hire by tonnage, if their permitted solid waste hauler for hire pays the tipping rate published in subsection 21- 41(e)(2)a., the municipal solid waste system service charge will be credited with twentv -four dollars and thirty -three cents ($24.33) for the portions of the charge that are collected through the tipping fee. The municipal solid waste system service charge, with the credit, is five-mod eight seats- ($55.08) ten dollars and twenty -four cents ($10.24) per ton of waste. Except as provided in subsection (d) of this section, if the hauler pays the tipping fee at the time the hauler disposes of the solid waste, the municipal solid waste system service charge must be paid at the time the hauler disposes of the solid waste at the disposal site operated by the department. "(6) For customers within the city, who are billed by the permitted solid waste hauler for hire by the volume of the dumpster and frequency of service, if their permitted solid waste hauler for hire pays the tipping rate published in subsection 21- 41(e)(2)a., the municipal solid waste system service charge will be credited with ninety -seats ($9 -98) one dollar and nine cents ($1.09) for the portions of the charge that are collected through the tipping fee. The municipal solid waste system service charge, with the credit, is twenty -one- -cents ($0.21) thirtv -one cents ($0.31) per cubic yard of capacity each time the customer's dumpster is serviced. Except as provided in subsection (d) of this section, if the hauler pays the tipping fee at the time the hauler disposes; of the solid waste, the municipal solid waste system service charge must be paid at the time the hauler disposes of the solid waste at the disposal site operated by the department. For customers located within the city, who are billed by their permitted solid waste hauler for hire by the volume of the roll -off box and frequency of service, if their permitted solid was hauler for hire has a put or pay contract with the city and disposes of the customer's solid waste at a disposal site operated by the department, the municipal solid waste system service charge will be credited with one dollar and twenty -nine cents ($1.29) for the portions of the charge that are —184— Page 4 of 6 collected through the hauler's acceptance fee. The municipal solid waste system charge, with the credit is two dollars and forty cents ($2.40) per cubic yard of capacity each time the customer's roll -off box is serviced. For customers located within the city, who are billed by their permitted solid waste hauler for hire by volume of the roll -off box and frequency of service, if their permitted solid waste hauler for hire pays the tipping rate published in section 21- 41(e)(2)a., the municipal solid waste system service charge will be credited two dollars and eighty -seven cents ($2.87) for portions of the charge that are collected through the tipping fee. The municipal solid waste system service charge, with the credit, is eighty -two cents ($0.82) per cubic yard of capacity each time the customer's roll -off box is serviced. "(7) For can account customers within the city the municipal solid waste system service charge is ($7.19) nine dollars and nine cents ($9.09) per collection by the permitted solid waste hauler for hire (which includes the city street use fee). "(8) For residential customers serviced by the department, the municipal solid waste system service charge is three dollars and forty- two cents ($3.42) per month (which includes the city street use fee). "(9) For business and commercial customers serviced by the department, the municipal solid waste system service charge is four dollars and seventeen cents ($4.17) per month (which includes the city street use fee). "(c) * * * „ SECTION 4. The provisions of this ordinance are effective on and after August 1, 2009. SECTION 5. 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 6. 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 7. 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. EHord259.doc Page 5 of 6 —185— 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: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick The foregoing ordinance was read for the second time and passed to its final reading on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED this the day of 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form: July 8, 2009 ?49 Eliz• - th R. Hundle Ass i ant City Attorney for the City Attorney EHord259.doc —186— Joe Adame Mayor Page 6 of 6 AN ORDINANCE REVISING SECTION 55- 70(9), CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO INCREASE WATER TAP FEES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 55- 70(9), Code of Ordinances, is revised to read as follows: "Sec. 55 -70. Adoption of rules, regulations and water and gas fees. "The rules and regulations concerning the control, operation and administration of utility taps or service connections of water, gas and sewer utilities owned by the city and the regulations prescribing fees for utility taps or service connections are hereby adopted and approved as follows: * "(9) Fee schedule, water: "(a) Inside city limits: Size Street Fee Easement Fee 5/8 inch x 3/4 inch $389.50 $251.00 $520.73 $432.73 3/4 inch 41.0.00 2864G $534.73 $446.73 1 inch 559.00 384.00 $679.14 $591.14 Over 1 inch Special* Special* Loops *, minimum 1236.00 1236.00 Meter moves *, minimum $57.00 157.00 *Denotes costs to be specified by the director of water utilities based on circumstances. "(b) Fees inside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. 2009 Water Tap Fee Ord 07072009 —187— 2 Size Fee 5/8 inch x 3/4 inch $4-09.09 $594 $160.65 -00 3/4 inch 427-790 $174.65 3/4 inch 1 inch Special* $217.30 $576.73 "(c) Outside city limits: Size Street Fee Easement Fee 5/8 inch x 3/4 inch $594 $x-00 -00 $722.73 $561.73 $174.65 3/4 inch 64-6.00 41.680 $740.73 $576.73 1 inch 848.00 459:00 $968.14 $769.14 Over 1 inch Special* Special* Special* Loops *, minimum X354.00 X354.00 Meter moves *, minimum $84.00 X84.00 *Denotes cost to be specified by the director of water utilities based on circumstances. "(d) Fees outside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. Size Fee 5/8 inch x 3/4 inch $409:00 $160.65 3/4 inch 127.00 $174.65 1 inch Special* $217.30 2009 WATER TAP FEE ORD 07072009 —188— 3 SECTION 2. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 2009 WATER TAP FEE ORD 07072009 —189— That the foregoing ordinance was read for the first time and passed to its second reading on this the day of July, 2009, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of July, 2009, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED: 7th day of July, 2009: R. J Dining First Assistant City Attorney For City Attorney 2009 WATER TAP FEE ORD 07072009 —190— 4 Joe Adame Mayor RESOLUTION AUTHORIZING ADJUSTMENT OF PARKS, RECREATION, CULTURAL, AND LEISURE TIME ACTIVITIES RENTAL AND RECREATIONAL FEES; ADDING NEW RENTAL FEES AND RECREATIONAL FEES FOR FISCAL YEAR 2009 -2010; PROVIDING FOR PUBLICATION; PROVIDING FOR EFFECTIVE DATE; AND PROVIDING FOR SEVERANCE Whereas, Section 36 -3 of the Code of Ordinances requires City Council approval by motion or resolution for creation of any new rental rates, or increase of existing rental rates by more than 25 percent, for parks and recreation department facility rental; and Whereas, Section 36 -7 of the Code of Ordinances requires City Council approval by motion or resolution for creation of any new user fees, or increase of existing user fees by more than 25 percent, for parks and recreation department facility use; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the adjusted rental rates and recreational fees for the parks and recreation department use fees, as shown in Exhibit A, for Fiscal Year 2009 -10. SECTION 2. The City Council approves new parks and recreation department recreational use fees as shown in Exhibit B attached, for Fiscal Year 2009 -10. SECTION 3. This resolution is effective August 1, 2009. SECTION 4. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. SECTION 5. The City Council intends that every section, paragraph, subdivision, phrase, word and provision of this resolution shall be given full force and effect for its purpose. If any section, paragraph, subdivision, clause, phrase, word or provision of this resolution is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this resolution. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: July 2, 2009 Lisa Agui :Assistant City Attorney for City ' • ney —191— Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott —192— EXHIBIT A FEES INCREASED BY MORE THAN 25% DESCRIPTION FY08 -09 PROPOSED FY09 -10 Increase Section 2. AQUATICS C. Swimming Pool Instruction Fees Red Cross Classes Jr. Lifeguard Camp D. City Swim Leagues TAAF Regional Swim Meet $ 45.00 /person $ 3.00 /event/person L. Additional City Staff (fees do not include set up or additional lifeguards) Computer Operator $ 10.00 /hr Timing Operator $ 10.00 /hr Section 5. RECREATIONAL FACILITY RENTALS A. Pavilions, Watergarden and Amphitheater Rentals Watergarden Amphitheater For profit rate B. Cultural Services Room Rentals (Galvan House) Cultural Services Room Rentals Change during final two weeks Rehearsal Fee C. Festival Fees Heritage Park [for profit festivals] Commercial Photographic Session $ 75.00 /four hours $ 300.00 /four hours $ 35.00 $ 35.00 /hr $ 825.00 /day $ 30.00 /hr $ 60.00 /person 33.3% $ 6.00 /event/person 100.0% $ 20.00 /hr $ 20.00 /hr $ 100.00 /four hours $ 400.00 /four hours $ 50.00 $ 50.00 $1,500.00 /day $ 50.00 /hr 50.0% 50.0% 33.3% 33.3% 42.9% 42.9% 81.8% 66.7% C: \DOCUME- 1 \IisaA \LOCALS- 1\Temp\EXA &B P &R Fee SCHEglaTbr Council FY10.070109 1 EXHIBIT B NEW FEES DESCRIPTION PROPOSED FY09 -10 Section 2. AQUATICS A. General Admission Greenwood Pool Slide Wristband C. Swimming Pool Instruction Fees Private swim lesson '4 -pack' Water Aerobics Water Aerobics punch card Red Cross Classes Lifeguard Instructor Training D. City Swim Leagues TAAF Regional Swim Meet (relay) City Championship Swim Meet (relay) G. Splash Parties - 2 hours Green wood Pool 1 - 50 51 - 100 101 - 150 151 - 200 201 - 250 251 - 300 300 & up (Number of persons) $ 2.00 /each $ 44.00 / four lessons $ 4.00 /class $ 24.00 / 6 lessons $ 175.00 /class $ 12.00 /relay team $ 8.00 /relay team $ 250.00 /2 hours $ 300.00 /2 hours $ 350.00 /2 hours $ 400.00 /2 hours $ 450.00 /2 hours $ 500.00 /2 hours $ 550.00 /2 hours L. Additional City Staff (fees do not include set up or addifonal lifeguards) Laptop usage fee for swim meets $ 150.00 Section 11. GOLF F. Range balls - Jumbo $ 8.50 C: \DOCUME- 1 \IisaA \LOCALS -1 \Temp \EXA &B P &R WSCHEDULE for Council FY10.070109 1 13 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: City Council consideration of an appeal by Ronald A. Voss, Sr., of the Building Standards Board's decision to require demolition of the west wing of the structure located at Lot 2, Copps Addition, commonly known as 1502 Tarlton Street. ISSUE: Mr. Ronald A. Voss, Sr., (property owner) has requested the City Council to hear and consider an appeal of the Building Standards Board's decision ordering demolition of the west wing of the structure on the property located at 1502 Tarlton Street in accordance with City Code of Ordinances, Section 13 -28, Appeals, for failure to meet minimum building standards. The Building Standards Board ordered demolition to the west wing of the subject property on March 26, 2009. Notice of Appeal: Section 13 -28(a) of the City Code of Ordinances provides that whenever it is claimed that the decision of the Building Standards Board is erroneous, or that the decision of the Board would cause undue hardship, the owner or occupant may appeal the Board's decision to the City Council. Section 13 -28(a) says that the appeal shall state specifically the error alleged to have been committed by the Board. In this case, the owner states the Board's decision was erroneous and that the decision would cause undue hardship to Mr. Ronald A. Voss, Sr., the owner of the property. REQUIRED COUNCIL ACTION: Council may consider the following actions: 1. Deny the appeal (thereby upholding the Building Standards Board order), or 2. Sustain the appeal (thereby reversing the Board's order in whole or in part). Specifically, Section 13 -28(b) of the City Code of Ordinances ( "Code ") provides that the City Council may vary the application of any provision of Chapter 13 of the City Code, Article II, Building and Housing Standards, when enforcement would do manifest injustice and would be contrary to the spirit and purpose of the code or public interest or when, in City Council's opinion, the decision of the board should be modified or reversed. Under Section 13 -28 of the Code, a decision to modify or reverse an order of the board in whole or in part shall specify the following: (1) in what manner such modification is made, (2) the conditions upon which it is made, and (3) the reasons therefore. —197— Should the City Council desire to modify or reverse the Board's order, staff recommends that City Council set deadlines for any required action, and that the Zoning and Code Administrator be authorized to demolish the structure upon the owner's failure to comply with the City Council's decision. The decision of the City Council is final unless the aggrieved party appeals by instituting a suit within the required time allowed from the date on which the City Council rendered the decision. Recommended Process: The proceeding should be informal. In deciding this case, the City Council acts in a quasi - judicial capacity, i.e., it will determine what the facts are and determine whether the structure requires demolition. The Council will consider only the information relevant to those issues. At the outset, staff can summarize the agenda, the agenda memorandum and its attachments. Then, the City Council will hear such comment, which would be done after presentation and argument of the parties, but before City Council deliberation. PREVIOUS COUNCIL ACTION: No prior action related to this case. FUNDING: No funding involved. CONCLUSION AND RECOMMENDATION: City staff recommends that the City Council uphold the Building Standards Board's decision to require demolition of the west wing of the structure. The order is in accordance with Section 13- 26(G)(1)(c) of the Code allowing thirty (30) days to obtain proper permits and complete the demolition of the building(s) or structure(s) with the exception of the concrete slab. Owner is required to provide complete security from slab or walls that are existing between the east and west wing and remove the debris within thirty (30) days. If demolition and security are not started and completed as required, the City is authorized to demolish. ' QQJ Margie C. Rose Assistant City Manager /Interim Director of Neighborhood Services MargieR @cctexas.com 826 -3865 Attachments: Presentation Chronology of Events & Exhibits • Exhibit Documentation (Exhibits 1 -21) —198— Background Ronald A. Voss, Sr. and Southwest Phoenix Group, Inc. is the owner of property located at 1502 Tarlton Street, also known as the Corpus Christi Osteopathic Hospital. On March 26, 2009, the Building Standards Board Order found the building(s) or structure(s) to be substandard and ordered the owner to: o demolish the building(s) or structure(s) known as "West Wing" according to Section 13 -26 (G)(1)(c) of City Code with the exception of concrete slab; o obtain any and all permits within 30 days; o provide complete security from the slab and /or walls existing between the east and west wings; remove debris within 30 days from date of notice; o if demolition and security is not started and completed as required, then City is authorized to demolish. Further action on the remaining building structure (east wing) was tabled until the next meeting of the Building Standards Board scheduled July 23, 2009. Section 13 -28(a) of City Code of Ordinances provides for an appeal to City Council whenever it's claimed that the decision of the Building Standards Board is erroneous, or causes undue hardship, stating the specific error alleged to have been committed by Board. The owner in this case is claiming the decision is erroneous and causes undue hardship and alleges City failed to timely notify all owners of property of any alleged violation or hearing. He further states that demolition of the west wing is not warranted by definition of owner's obligation to secure a vacant building under the Vacant Building Code since transients /criminal trespassers can not access the roof without the use of tools or ladders. The Appellant claims undue hardship by creating a building security obligation more burdensome and onerous, than which currently exists. On November 7, 2008, the first walk- through was conducted for a full interior inspection of the east and west wing by Neighborhood Services Department, Police and Fire Marshall, Legal Department, Director of Neighborhood Services, Mr. Voss and his attorney. Various violations were found. The inspection reveals the building to be unsecured with visible and accessible entry from several locations, and unsanitary and dangerous conditions with continued violations of Building Code and Vacant Building Ordinance. Due to the inspection, the City takes further action. The Fire Marshall files charges for various violations of the Fire Code. Code Enforcement files new charges for continued violations of the Vacant Building Ordinance as related to existing and deteriorating conditions of the property and security of the building. Code Enforcement initiates process for emergency demolition of the "west wing ". Recent case history begins in November 21, 2008, when the City Building Official, Code Enforcement staff and Fire Marshall determine the structure to be substandard requiring extensive rehabilitation or demolition. On December 2, 2008, the City offers property owner, Ronald A. Voss, Sr. two options for resolution: 1) full demolition or 2) rehabilitation of roof including clearance of interior debris, maintenance of exterior, and premises. Mr. Voss' attorney responds to the City's request without a final decision on course of action. —199— On December 26, 2008, the City advises Mr. Voss' attorney of substandard property and requests a "course of action" for abatement of the substandard structure and interior conditions, and, a commencement date for abatement be communicated to the City no later than January 15, 2009. On January 15, 2009, Voss responds to the request but without a final decision on course of action or commencement date. The response indicates bids obtained for demolition. On January 22, 2009, the second walk- through was conducted for a full interior inspection of the east and west wing by Neighborhood Services Department, Police and Fire Marshall, Director of Neighborhood Services, Mr. Voss and his attorney. Various violations were found. The inspection reveals the building to be unsecured with visible and accessible entry from several locations, and unsanitary and dangerous conditions with continued violations of Building Code and Vacant Building Ordinance. Due to the inspection, further City action is required. The Fire Marshall files charges on January 30, 2009 for various violations of the Fire Code. Code Enforcement files new charges for continued violations of the Vacant Building Ordinance as related to existing and deteriorating conditions of the property and security of the building. Code Enforcement initiates process for emergency demolition of the "west wing ". On March 26, 2009, the Building Standards Board issues Final Order for demolition of the "west wing ". The owner files appeal of order of Building Standards Board on May 12, 2009. On June 2, 2009, Code Enforcement staff re- inspect site and reconfirm conditions. Other items of interest include that multiple Fire Code violations have occurred and charges filed for exterior openings and interior openings accessible to unauthorized persons, fire alarm no longer in service, fire resistance rated construction not maintained, fire doors blocked by waste material, and combustible debris found through -out the building. In addition, the substandard and vacant building conditions promote criminal activity. Some of this activity includes graffiti, accumulation of litter & solid waste, illegal dumping (tires on multiple dates), a fatality, vagrants inside /outside structure, drug use and drug paraphernalia in and around the property, unsanitary conditions (including feces), gang activity, high weeds, criminal trespassing, suspected arson, and burglary & vandalism. The substandard and vacant building conditions are located near Travis Elementary, Christ the King Church and school, Primera Iglesias Bautista, and directly adjacent to a residential neighborhood, HEB Pool & Tennis Center, Broadmoor Senior Center, and La Armada Apartments. Finally, the City has seven (7) liens for unpaid invoices totaling $4,993.74 related to abatement (oldest invoice from March, 2006). An additional invoice in the amount of $654.86 is pending receipt of payment. The current property tax balance is $212,470.25. The appraised value is $215k with $ 50k in improvements, and land valued at $165k. Staff recommends denial of the appeal, thereby upholding the Order of the Building Standards Board. —200— Chronology of Events & Exhibits 1502 Tarlton Street (west wing) City Code of Ordinances (Exhibit 1) Building and Housing Standards Code of Ordinances: Section 13 -25 April 2, 2008 (Exhibit 2) • Notification of Ordinance Violation (Section 23 -72(d) & 23 -70): Mr. Voss notified of tall weeds and brush and directed to correct violations(s) within seven days. Notice was also sent to Southwest Phoenix, Inc. • Notice provided via certified mail to Mr. Voss and Southwest Phoenix, Inc. • Certified mail "return to sender unable to forward /attempted -not known" April 17, 2008 (Exhibit 3) • Notification of Ordinance Violation (Section 23 -72(d) & 23 -69): Southwest Phoenix, Inc. notified of accumulation of litter and solid waste and directed to correct violations(s) within seven days. • Notice provided via certified mail to Southwest Phoenix, Inc. • Certified mail returned "unclaimed" June 17. 2008 • Code Enforcement re- inspected property and determined the property was not in compliance August 11, 2008 • Charges filed in Municipal Court for high weeds, litter and solid waste October 10, 2008 • Code Enforcement re- inspected property and determined the property was not in compliance November 6, 2008 (Exhibit 4) • Neighborhood Services Department obtains "Administrative Inspection Warrant' from Municipal Court November 7, 2008 • Director of Neighborhood Services Department conducts first walk- through of property for full interior inspection of east and west wing accompanied by staff, Police Department, Fire Department, Legal Department, Mr. Ronald Voss and his attorney. Various violations were identified. November 12, 2008 • Charges filed in Municipal Court for high weeds, litter and solid waste —201— November 12 & 14, 2008 (Exhibit 5) • Notification of Ordinance Violation (Chapter 13, Article III and Section 13- 3002): Southwest Phoenix, Inc. and Mr. Voss notified (on 11/12/08 & 11/14/08, respectively) of determination of possible vacant building and directed to secure vacant building from unauthorized entrance within 14 days. Mr. Voss provided list of other Code violations. • Notice provided via certified mail • Certified mail "return to sender unable to forward /attempted -not known" November 13, 2008 (Exhibit 6) • Neighborhood Services Department obtains "Administrative Inspection Warrant" from Municipal Court • City contractor boards -up unsecured building which includes mowing and cleaning up the property. November 20, 2008 (Exhibit 7) • City Attorney's office sends letter to Mr. Voss's attorney advising of inspection and multiple violations both inside and outside the vacant structure including multiple unsecured entry points and access including substandard structural violations. November 20, 2008 (Exhibit 8) • Notification of Ordinance Violation (Section 23 -72(d) & 23 -69): Mr. Voss notified of accumulation of litter and solid waste and directed to correct violations within seven days. • Notice provided via certified mail • Certified mail returned "unclaimed" November 21, 2008 (Exhibit 9) • Notification of Ordinance Violation (Building and Housing Standards Code Section 13 -25): Mr. Voss and Southwest Phoenix Group, Inc. notified of determination to meet minimum standards. • Notice provided via certified mail • Certified mail "return to sender unable to forward /attempted -not known" December 2, 2008 • Staff offers two options for resolution of violations to property owner: o 1) full demolition; or, o 2) rehabilitation with a roof that would meet all the vacant building specifications including the clearance of all debris in the interior of the building as well as maintaining the exterior and the premises. Mr. Voss's attorney reports back with status. -202- December 9, 2008 • Mr. Voss obtains two proposals regarding demolition of the west wing: (1) $45,000.00 which would be for demolition and removal of entire west wing; 2) $20,000.00 demolition and removal of west wing, excluding concrete slab and exterior walls. December 19, 2008 • City staff review Mr. Voss's report and direct City Attorney to prepare a response to Mr. Voss establishing action required and firm response date of January 15, 2009. December 26, 2008 (Exhibit 10) • City sends letter to Mr. Voss's attorney regarding progress toward a resolution of substandard property. City again requests that: o 1) a "course of action" for abatement of the substandard structure and interior conditions; and, o 2) a commencement date for abatement, be communicated to City no later than January 15, 2009 January 15, 2009 (Exhibit 11) • Mr. Voss's attorney responds to letter from City stating Mr. Voss is not in a "position to discuss a course or commence proposals. January 19, 2009 (Exhibit 12) • Letter provided via certified mail to appear before the Building Standards Board on January 29, 2009 regarding violation of the Building and Housing Standards Code. • Certified mail returned "unclaimed" January 22, 2009 • Director of Neighborhood Services Department conducts a second walk- through for full interior inspection of east and west wing accompanied by staff, Police and Fire Marshall, Director of Neighborhood Services, Mr. Voss and his attorney. Various violations were identified. January 26, 2009 (Exhibit 13) • City Attorney's office sends letter to Mr. Voss's attorney advising of re- inspection to determine progress. City advises that the re- inspection revealed that the structure remains substandard, unsecured, and in dangerous conditions. Letter further states City intends to begin abatement including emergency demolition which would result in invoice for demolition. Failure to remit amount could result in lien against property. January 27, 2009 • Code Enforcement and Fire Department file charges for failure to correct minimum standards violation and several Fire Code violations. —203— January 29, 2009 (Exhibit 141 • Hearing packet provided to Building Standards Board members on property located at 1502 Tarlton Street on hearing scheduled January 29, 2009. • Staffs recommendation is to initiate "Emergency Demolition" for west wing only. • Building Standard Board tables east wing to be presented at the March 26, 2009 Building Standards Board hearing. February 2, 2009 (Exhibit 15) • City sends letter to Mr. Voss's attorney setting forth City's intended course of actions including emergency demolition requesting Mr. Voss to abate other substandard condition present on the property. February 11, 2009 (Exhibit 16) • "Final Order of Building Standard Board" issued to property owner(s) from the regular hearing of January 29, 2009 advising that consideration of 1502 Tarlton Street was tabled until the March 26, 2009 hearing. • Notice provided via certified mail • Certified mail "return to sender unable to forward". March 14, 2009 (Exhibit 17) • Letter to Mr. Voss to appear before the Building Standards Board on March 26, 2009. • Notice provided via certified mail • Certified mail "return to sender /unable to forward". March 20. 2009 • Charges filed for high weeds, litter and solid waste March 26, 2009 (Exhibit 181 • Hearing packet presented at Building Standards Board Hearing o Copy of "Final Order of the Building Standards Board" ordering demolition within of west wing within 30 days. o Order of the board was to table action on "east wing" or main building until July 23, 2009 hearing. April 8, 2009 (Exhibit 19) • Ronald A. Voss files notice of appeal of Final Order of the Building Standards Board provided with City Secretary's office. April 14, 2009 (Exhibit 20) • Final Order of Building Standards Board issued to property owner(s) from the regular hearing of March 26, 2009 in regards to the west wing. • Notice provided via certified mail -204- Exhibit 21) • Property tax balance as of June 5, 2009: (source: Nueces County Website, Tax Assessor-Collector): amount of taxes owed: $212,470.25. • Property Detail Sheet with property valuation (source: Nueces County Appraisal District website): Improvements: $ 50,000; Land: $215,000 o Property Detail Sheet indicating improvement details, i.e. square footage, etc. -205- § 13 -25 CORPUS CHRISTI CODE Sec. 13-25. Minimum standards for build- ings. All buildings or structures which have any or all of the following defects or lack of facilities shall be deemed substandard buildings: (1) All buildings or structures not in confor- mity with this code. (2) All buildings or structures which have pit privies where the same are not permitted by law or which are not connected to the city sewer when required by law, or where inadequate and unsanitary pit privies or septic tanks exist. (3) All buildings or structures that have be- come deteriorated through accident or lack of repair or natural causes or by damage through exposure to the elements, espe- cially winds, hail or rain, or damage through fire to the extent that the roof, windows and doors or portions of the building or structure which protect from the weather will no longer protect from the weather. (4) All buildings or structures which consti- tute or in which are maintained fire haz- ards as that term is defined in the fire prevention code' of the city. (5) All buildings or structures which are so structurally deteriorated that they are in danger of collapse or which cannot be expected to withstand winds of hurricane force. (6) All buildings or structures so constructed or permitted to be so constructed as to constitute a menace to health or safety, including all conditions conducive to the harboring of rats or mice or other disease - carrying animals or insects reasonably calculated to spread disease and includ- ing such conditions hazardous to safety as inadequate bracing or the use of deterio- rated materials. (7) All buildings or structures, whether or not in use, which are unsafe, unsanitary, unfit for human habitation, or not pro- 'Cross reference —For fire prevention code, see § 18-1. vided with adequate egress, or which con- stitute a fire hazard, or are otherwise dangerous to human life, or which in relation to the existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, ob- solescence or abandonment are unsafe buildings. All such unsafe buildings are hereby declared illegal and shall be abated by repair and rehabilitation or by demoli- tion in accordance with the procedures set forth in this code. (1966 Supp., § 11 -18; Ord. No. 9811, § 1, 6-24- 1970) Sec. 13-26. Procedure for eliminating sub- standard conditions. (A) Notification of violation. Whenever the of- ficial determines that there are reasonable grounds to believe that there has been or continues to be a violation of any provision of this code or of any rule or regulation concerning the health, safety, or general welfare adopted by the city as it relates to structures or premises, he shall give notice of such alleged violation to the owner of the property as per subsection (C) below. Such notice shall: (1) Be in writing. (2) State the nature of the violation or viola- tions. (3) State the provision or provisions of this code or any other relevant code of the city that is being violated. (4) State the penalty and penalty provision of this code or any other relevant code of the city. (5) State that the official will take further action pursuant to the building standards code if the violation is not cured within thirty (30) days of receipt of the notice specified in this subsection. (B) Notification of hearing. Whenever the owner, after notification as per subsection (A), informs the official that he refuses to voluntarily comply with the requirements of this code or to voluntar- ily cure the defect or defects brought to his attention by the official, or whenever the alleged violation or violations are not cured within thirty —265 — Exhibit 1 City of Corpus Chnsti Notification of Ordinance Violation Department of Neighborhood Services Code Enforcement Division April 2, 2008 CERTIFIED # 7006 0810 0006 0132 0844 1772- 0000 -0020 RON VOSS SR 15706 CUTTYSARK ST CORPUS CHRISTI TX 78418 RE: 1502 TARLTON ST COPPS LT 2 On April 02, 2008, an investigation found violations of the Code of Ordinances of the City of Corpus Christi, on the above property. Please correct these violation(s) within seven (7) days of receipt of thls notice. A copy of the applicable ordinance section(s) is attached for your review and is incorporated in this notice by reference. CLEAN -UP MUST BE COMPLETED WITHIN SEVEN (7) DAYS OF THE DATE OF THIS NOTICE. This is the only notice that you will receive. Failure to correct the violation(s) will result in the City performing the work without further nonce and at your expense. In addition, the City will file a lien for the cost of administrative and corrective expenses to remedy the violations. Additionally, criminal charges may be filed in Municipal Court against the owner and occupant for violation(s) of the City Code of Ordinances. Under Sec. 1 -6 of the Code of Ordinances, you may be subject to a maximum penalty of $2,000.00 and each day a violation continues constitutes a separate and distinct offense. IMPORTANT NOTICE: In accordance with section 23 -72(d) of the Code, this Notice of Violation also serves as the one and only notice required by the Code for any future violation(s) of the same kind or nature. If you commit another violation(s), as attached, that poses a danger to the public health and safety before the first anniversary of the date of this notice, the City, without further notice and at your expense. will take the appropriate action to correct the violation(s), and file a lien against your property for the cost of the corrective action taken. If ownership of this property changes in any way within the next twelve (12) months, you must notify the City in writing of such change to prevent further charges and fines for violation(s), and file a lien against your property for the cost of the corrective action taken. IT IS IMPORTANT THAT YOU TAKE THE REQUIRED ACTIONS STATED IN THIS NOTICE. If you have any questions, you may call between 8:00 and 9:00 a.m. or 4:00 and 5:00 p.m., weekdays at (361) 880 -3030. Sincerely, MIKE MARTINEZ Code Enforcement Official 08- 00002626 RPNBNP Exhibit 2 —266— VIOLATION DETAIL CASE NUMBER 08- 00002626 PROPERTY ADDRESS 1502 TARLTON ST VIOLATION: TALL WEEDS AND BRUSH DESCRIPTION: SEC 23 -70 LOCATION: QUANTITY: 1 DATE: 4/02/08 NARRATIVE : High weeds and grass in excess of 12 inches exists on the property. There have been approximately 55 -65 tires dumped on the property along with other miscellaneous debris. Failure to correct and abate this violation will result in further legal action being taken. ORDINANCE DESCRIPTION : NO PERSON WHO OWNS OR OCCUPIES ANY LOT OR PARCEL OF LAND IN THE CITY MAY PERMIT OR ALLOW WEEDS OR BRUSH 12" OR HIGHER TO GROW ON THE LOT OR PARCEL OF LAND. SEC 23 -72. WORK OR IMPROVEMENTS BY MUNICIPALITY. (a)IF THE OWNER OF PROPERTY IN THE MUNICIPALITY DOES NOT COMPLY WITH A MUNICIPAL ORDINANCE OR REQUIREMENT RELATING TO STAGNANT WATER, FILTH, CARRION, WEEDS, RUBBISH, BRUSH, AND OTHER OBJECTIONABLE, UNSIGHTLY, UNWHOLESOME, OR UNSANITARY MATTER, OR CONDITIONS UNDER THIS CHAPTER WITHIN SEVEN (7) DAYS OF NOTICE OF A VIOLATION, THE DIRECTOR OF PUBLIC HEALTH, THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT, OR DIRECTOR OF SOLID WASTE SERVICES, OR THEIR DESIGNEES, MAY: (1) DO THE WORK OR MAKE THE IMPROVEMENTS REQUIRED; AND (2) PAY FOR THE WORK DONE OR IMPROVEMENTS MADE AND CHARGE THE OWNER OF THE PROPERTY. -267- PAGE 1 n- ° 17MtgarOm01.00r m. ° RON VOSS SR 0 15706 CUTTYSARK ST ° CORPUS CHRISTI TX 78418 RP 0 ACCT 0 1772 - 0000 -0020 0 r4 —, OD ° Tarsi Fuchs,•• & F<e> �i:�. .i 0 , 3#3. >.l,ta G 1� I7..vied:: sENcERii eon © Complete Items 1, 2, and 3. Also complete Item 4 N Restricted Delivery Is desired. o Print your name and address on the reverse so that we can return the card to you. m Attach this card to the back of the mallplece, or on the front if space permits. viAlu iiii il,ms �x arum u Agent D Addressee D. Is delivery address differantbmm item 1? ID Yes f YES, abler misery address below: ❑ No RON VOSS SR 15706 CUTTYSARK ST CORPUS CHRISTI TX 78418 ACCT i,+ 1772- 0000 -0020 RP Ice Type Certified MS ❑ Raplster4d ❑ Insured Mail Express Mil ❑ Return Receipt for Merchandise ❑ C.O.D. RESTRICTED DELIVER 4 dDe>ivary.( Re) Yip el-7— 2. Artide Number 7006 0810 0006 0132 0844�� Mangier from service retie° ..s PS Fom1 3811, February 2004 _ Domestic Return Receipt -268- 1025&5.0240-1540 64 kt- gamin 4 0 r. tit 6., O 0 #: .6. ... = tt.t ot - 04 0 till 7. 14 • a. = O 0 e r --- 1.1e.Zte -7: OD g3 3 01 et1 CO 0 N C.3 E-1 0 -14 fr'l 0 kt ci = ■... X 0 Z 1-1 0 kl- d l`r — _ ri) rail I ii; t—s-er __ c4 )4 Il IN ... i- LUZ (13 IA E-1 M r- 0. .7. E-1 M t`•• .4- a - CO Mr 0 e-; 1 0 .r.r. e Ch .2. et w i• •,•,' t-1 - " — a Int Cl`r. Z 0 in 0 Y4 MEM 119■112111113 assammailaM eagesallIEE63 aiestf 0810 0006 -a 0 0 r- Val 'kr; p9 i a'4 af7; r) r• Uij r&I 0:01:4k. I f 1 :1 '1 11 ria:r., 71Frjr:2 City ",~ Corpus Chnsti April 17, 2008 Notification of Ordinance Violation Department of Neighborhood Services Code Enforcement Division CERTIFIED # 7006 0810 0006 0157 9938 1772 - 0000 -0020 RE: 1502 TARLTON ST SOUTHWEST PHOENIX GROUP I COPPS LT 2 15706 CUTTYSARK CORPUS CHRISTI TX 78418 On April 16, 2008, an investigation found violations of the Code of Ordinances of the City of Corpus Christi, on the above property. Please correct these violation(s) within seven (7) days of receipt of this notice. A copy of the applicable ordinance section(s) is attached for your review and is incorporated in this notice by reference. CLEAN -UP MUST BE COMPLETED WITHIN SEVEN (7) DAYS OF THE DATE OF THIS NOTICE. This is the only notice that you will receive. Failure to correct the violation(s) will result in the City performing the work without further notice and at your expense. In addition, the City will file a lien for the cost of administrative and corrective expenses to remedy the violations. Additionally, criminal charges may be filed in Municipal Court against the owner and occupant for violation(s) of the City Code of Ordinances. Under Sec. 1 -6 of the Code of Ordinances, you may be subject to a maximum penalty of $2,000.00 and each day a violation continues constitutes a separate and distinct offense. IMPORTANT NOTICE: In accordance with section 23 -72(d) of the Code, this Notice of Violation also serves as the one and only notice required by the Code for any future violation(s) of the same kind or nature. If you commit another violation(s), as attached, that poses a danger to the public health and safety before the first anniversary of the date of this notice, the City, without further notice and at your expense, will take the appropriate action to correct the violation(s), and file a lien against your property for the cost of the corrective action taken. If ownership of this property changes in any way within the next twelve (12) months, you must notify the City In writing of such change to prevent further charges and fines for violation(s), and file a lien against your property for the cost of the corrective action taken. IT IS IMPORTANT THAT YOU TAKE THE REQUIRED ACTIONS STATED IN THIS NOTICE. If you have any questions, you may call between 8:00 and 9:00 a.m. or 4:00 and 5 :00 p.m., weekdays at (361) 880 -3030. Sincerely, MIKE MARTINEZ Code Enforcement Official 08- 00003300 OWNBNP Exhibit 3 -270- VIOLATION DETAIL CASE NUMBER 08- 00003300 PROPERTY ADDRESS 1502 TARLTON ST VIOLATION: LITTER AND SOLID WASTE DESCRIPTION: SEC 23 -69 LOCATION: QUANTITY: 1 DATE: 4/16/08 NARRATIVE : All TIRES AND MISC DEBRIS MUST BE REMOVED OFF THE PROPERTY. FAILURE TO COMPLY WILL RESULT IN FURTHER LEGAL ACTION. ANY QUESTINS CONTACT MIKE MARTINEZ AT 815 -0349 ORDINANCE DESCRIPTION : NO PERSON WHO OWNS OR OCCUPIES ANY LOT OR PARCEL OF LAND IN THE CITY MAY PERMIT OR ALLOW LITTER, SOLID WASTE, INOPERATIVE OR ABANDONED HOUSEHOLD APPLIANCES, FURNITURE, OR ANY OTHER UNSIGHTLY, OBJECTIONABLE, OR UNSANITARY MATTER TO ACCUMULATE ON THE LOT OR PARCEL OF LAND, UNLESS PLACED FOR COLLECTION BY SOLID WASTE SERVICES OR A PRIVATE SOLID WASTE COLLECTION SERVICE AT A LOCATION DESIGNATED BY THE DIRECTOR OF SOLID WASTE SERVICES AND IN ACCORDANCE WITH CHAPTER 21 OF THIS CODE. CONVICTION AND FOR EACH CONVICTION THEREAFTER. SEC 23 -72. WORK OR IMPROVEMENTS BY MUNICIPALITY. (a)IF THE OWNER OF PROPERTY IN THE MUNICIPALITY DOES NOT COMPLY WITH A MUNICIPAL ORDINANCE OR REQUIREMENT RELATING TO STAGNANT WATER, FILTH, CARRION, WEEDS, RUBBISH, BRUSH, AND OTHER OBJECTIONABLE, UNSIGHTLY, UNWHOLESOME, OR UNSANITARY MATTER, OR CONDITIONS UNDER THIS CHAPTER WITHIN SEVEN (7) DAYS OF NOTICE OF A VIOLATION, THE DIRECTOR OF PUBLIC HEALTH, THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT, OR DIRECTOR OF SOLID WASTE SERVICES, OR THEIR DESIGNEES, MAY: (1) DO THE WORK OR MAKE THE IMPROVEMENTS REQUIRED; AND (2) PAY FOR THE WORK DONE OR IMPROVEMENTS MADE AND CHARGE THE OWNER OF THE PROPERTY. -271- PAGE 1 wg 4 ;PI , tr N 0 - L. F- .-4 '(oUTImST iY1.104-A10: lit I O :L57(10 Lin"! Z tirkk:k. o 'nrpIJi4 :Ai r o ALT 1772-00C20-002C: 04 _ - 43 Toia■ Po t!ar 2.5€0% I 45 a▪ n• cr7c7Pirr ) DFTWI 1. icrPOlt,z140. MO _A fe, qp w---'111,11.^16-14crir -,"ra }SEN b goh.ipt 1 117, I 1.1,`A Sbe:7711 01 \ 1.1.41,-C7 3+1;v:VI o Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. O Print your name and address on the reverse so that we can return the card to you. O Attach this card to the back of the maliplece, or on the front If space permits. Eli MTh fl-1J'. tifC141N,pti, (1EYOV:17441,,,, 041 at, UTI41.1gST ri403TY_ (P1O01; 5706 CtilAPR r:firrftITI r !;3,418 1772—U:Of.-002-0 B. Received by ( Printed Name) 's delivery address different from rem 1? 0 Yes YES, enter delivery address below: 0 No a. lYpe Certified Mail 0 Epees Mail 0 Registered 0 Return Receipt for 0 Insured Mail 0 C.O.D. Restricted Delivety? (Extra Fee) 2. Article Number (Waster from service labd) PS Forrn 3811, February 2004 Domestic Retum Receipt 102595-132-M-1540 7006 0810 0006 0157 9938 k,L1LtLd ±s 41 —272— oC,•-•‘‘ 1,-,••, e)=•-•1 X 1:. C) 1 S.' 7,1113 gitni 1 1, it i ? . 3 c r:-. , .. : f so 4n). CD .• • '') 4., (---1 1 rprc•e• r•rd , ii•••=' :4L-S a Z1 I rl 8°4,4' P ii lig 1 04=1 • ..” l''; ' I) a g —273— 9E66 LSRO 9000 0280 900L PI. jovitp 0.1bfir.ot.ht..3,4`. fr t-NlYjudteicry :t:irm :iiit:ii: ', 0 1 3 •-• C) 5? 0 .1•), r , •fi 1) It 0;0 is-, : 1 i) :;!: i i 1 t : .-- 1.• •13 s :‘ • 4 li ,4)) I Fil ••••• PICA i II - :II 1;1 lc J,,,t, ,r1,1) t i • - • LO ) ' ADMINISTRATIVE INSPECTION WARRANT STATE OF TEXAS § NUECES COUNTY § TO ANY HEALTH OFFICER OR CODE ENFORCEMENT OFFICAL OF THE STATE OF TEXAS, OR OF NUECES COUNTY OR OF THE CITY OF CORPUS CHRISTI EMPOWERED TO CONDUCT THE INSPECTION AUTHORIZED BY THIS WARRANT: GREETINGS: WHEREAS, the Affiant, whose name appears on the Affidavit for Administrative Inspection Warrant ( "Affidavit ") attached hereto, and incorporated herein by reference as if written verbatim within this document, is a code enforcement officer of the City of Corpus Christi, did heretofore this day subscribe and swear to said Affidavit; WHEREAS, I find that the verified facts stated by affiant in said Affidavit show that affiant has probable cause for the belief he expresses herein and establishes existence of proper grounds for issuance of this Administrative Inspection Warrant; YOU ARE HEREBY COMMANDED to enter the premises described in said affidavit, to wit: the exterior and interior of the buildings as well as the surrounding curtilage at 1502 Tarlton, Corpus Christi, Texas and inspect the property. This inspection is authorized to check or reveal conditions, objects, activities, or circumstances indicated in the accompanying affidavit. This warrant must be returned without unnecessary delay after its execution, showing how you executed the same. Sao Signed his day of November, 2008 at _ o'clock _.m. � c"-- 64 Municipal t o rt Judge City of Corpus Christi Nueces County, Texas Came to hand the _ on the _ day of OFFICER'S RETURN day of November, 2008, at _ o'clock _.m. and executed 2008, at _ o'clock _.m. by Exhft ?4 STATE OF TEXAS NUECES COUNTY AFFIDAVIT TO OBTAIN ADMINISTRATIVE INSPECTION WARRANT BEFORE ME, the undersigned authority, personally appeared MIKE MARTINEZ who, being by me duly sworn, deposed as follows: "My name is MIKE MARTINEZ, I am over the age of eighteen (18) years. I am of sound mind and competent to make this Affidavit. The statements contained herein are based on my personal knowledge and are true and correct. "I am a code enforcement officer employed by the City of Corpus Christi - Neighborhood Services Department. Based on my training, education and experience, I have probable cause to believe and I do believe that the following described property is in such a substandard condition as to constitute a hazard to the health and safety of the neighborhood, and of the general public: 1502 Tarlton St. Corpus Christi, Nueces County, Texas 78415. "The facts which establish probable cause to believe this are: "The property at 1502 Tarlton Street, Corpus Christi, Texas which is believed to be owned by Ron Voss and the Phoenix Southwest Group has been and is currently unoccupied and vacant. "Neighborhood Services along with the news media and the fire department were present at the location on the day before yesterday. The news media who were able to reach the top of the structure reported to me that there is a portion of the roof that is sinking or caved in approximately 9 feet in diameter. There are also holes in the roof that vagrants and derelicts are using to enter the building and use it as shelter from the elements. "According to the fire marshal because the lower portion of the building is boarded up, in the event of a fire any person inside the building would be at serious risk of death because they would not be able to get back out of the holes in the roof. With -275- the approaching cold front there is grave concem that the vagrants and derelicts using the building will build fires inside to keep warm putting themselves in harms way. "Furthermore, because the roof is caving in and it is unknown how deteriorated the overall structure is, it may be so structurally deteriorated as to present danger of collapse, putting anyone inside the building or living near the building in danger. "These concems are not without foundation as on at least one occasion in the past several years a dead body was found within the structure. On other occasions used syringes and other drug paraphernalia have been found. "Affiant asks for an administrative inspection warrant pursuant to Texas Code of Criminal Procedure 18.05 to inspect the exterior and interior of 1502 Tarlton including the curtilage, to reveal the conditions and circumstances of the building." A&( cam/ Swom to and signed before me by MIKE MARTINEZ, on this the rA„_ of November, 2008. L A t to. Person Author :d to dminist TITLE: Munici•al Court Judge 44_1'.� +: th —276— City of Corpus Christi Notifio<,to n of Ordinance Violation November 12, 2008 Department of Neighborhood Services Code Enforcement Division CERTIFIED # 7006 0810 0006 0125 2251 rir 1772 - 0000 -0020 RE: 1502 TARLTON ST SOUTHWEST PHOENIX GROUP I COPPS LT 2 15706 CUTTYSARK CORPUS CHRISTI TX 78418 On November 12, 2008, an investigation found violations of Chapter 13, Article 111, of the Code of Ordinances of the City of Corpus Christi on the above property. The Administrator of the Zoning & Code Enforcement Division of the Neighborhood Services. Department has determined that the above referenced building may be a vacant building. There are numerous openings to the building found unsecured. In order to remedy the violation(s), you must immediately secure the building from unauthorized entrance. A copy of the applicable ordinance is attached for your review and is incorporated in this notice by reference. In addition to the immediate measures of temporarily securing the building, you must secure the building from unauthorized entry by normal or other than normal means, as those terms are defined in Section 13 -3002, Code of Ordinances within 14 days. A follow up inspection will be conducted after fourteen (14) days of receipt of this notice. Failure to take immediate action to temporarily secure the building will result in the City performing the work without further notice and at your expense, and the City may file a lien for the administrative and corrective expenses incurred to remedy the violations. In addition, the City may initiate authorized enforcement actions for the violations. According to the real property records of Nueces County, you own the real property described in this notice. If you no longer own the property, you must execute an affidavit stating that you no longer own the property and stating the name and last known address of the person who acquired the property from you. The affidavit must be delivered in person or by certified mail, return receipt requested, to this office not later than the 20th day after the date you receive this notice. If you do not send the affidavit, it will be presumed that you own the property described in this notice, even if you do not. IT IS IMPORTANT THAT YOU TAKE THE REQUIRED ACTIONS STATED IN THIS NOTICE. If you have any questions, you may contact our offices at (361) 880 -3030. Sincerely, MIKE MARTINEZ Code Enforcement Official 08- 00011997 Exhibit 5 NVB OW Encl.: Ch. 13, Art. III - Vacant Building Ordinance Affidavit of Non - Ownership —P77— City of Corpus Christi Notification of Ordinance Violation November 14, 2008 Department of Neighborhood Services Code Enforcement Division CERTIFIED # 7004 1350 0000 4811 0734 1772- 0000 -0020 RE: 1502 TARLTON ST RON VOSS,SR COPPS LT 2 3756 BRATTON CORPUS CHRISTI TX 78413 On November 12, 2008, an investigation found violations of Chapter 13, Article III, of the Code of Ordinances of the City of Corpus Christi on the above property. The Administrator of the Zoning & Code Enforcement Division of the Neighborhood Services Department has determined that the above referenced building may be a vacant building. There are numerous openings to the building found unsecured. In order to remedy the violation(s), you must immediately secure the building from unauthorized entrance. A copy of the applicable ordinance is attached for your review and is incorporated in this notice by reference. In addition to the immediate measures of temporarily securing the building, you must secure the building from unauthorized entry by normal or other than normal means, as those terms are defined in Section 13 -3002, Code of Ordinances within 14 days. A follow up inspection will be conducted after fourteen (14) days of receipt of this notice. Failure to take immediate action to temporarily secure the building will result in the City performing the work without further notice and at your expense, and the City may file a lien for the administrative and corrective expenses incurred to remedy the violations. In addition, the City may initiate authorized enforcement actions for the violations. Additionally, this property may be in violation of other Code provisions. Please review the attached narrative for an explanation of the other violations that are present at the property and that must be remedied. According to the real property records of Nueces County, you own the real property described in this notice. If you no longer own the property, you must execute an affidavit stating that you no longer own the property and stating the name and last known address of the person who acquired the property from you. The affidavit must be delivered in person or by certified mail, return receipt requested, to this office not later than the 20th day after the date you receive this notice. If you do not send the affidavit, it will be presumed that you own the property described in this notice, even if you do not. IT IS IMPORTANT THAT YOU TAKE THE REQUIRED ACTIONS STATED IN THIS NOTICE. If you have any questions, you may contact our offices at (361) 880 -3030. Sincerely, MIKE MARTINEZ Code Enforcement Official 08- 00011997 NVB Encl.: Affidavit of Non - Ownership Exhibit 5 -278- VIOLATION DETAIL CASE NUMBER 08- 00011997 PROPERTY ADDRESS 1502 TARLTON ST VIOLATION: DUTY TO SECURE VACANT BLD DESCRIPTION: SEC 13 -3008 LOCATION: QUANTITY: 1 DATE: 11/12/08 NARRATIVE : Property must be secured and all openings must be boarded up to completely. ORDINANCE DESCRIPTION : (a) The owner of a vacant building shall lock or secure all doors, windows, and other openings to the vacant building. (b) The owner shall keep a vacant building secured, safe, and properly maintained. (c) Failure of the owner to maintain a vacant building in a secured condition and that results in abatement by the city is grounds for revocation of the approved vacant building plan and timetable, and the owner is subject to any applicable penalties. (d) If securing a vacant building by normal measures fails to keep the vacant building secure, the owner must use other than normal measures to secure the building, including boarding the vacant building. CORRECTIVE ACTION REQUIRED : Sec. 13 -3009. Standards for boarding a vacant building. (a) Except as provided in subsection (c) of this section, if the owner is unable to secure a vacant building by normal means, the owner shall board the vacant building under the following specifications and requirements: (1) All unsecured doorways, windows, or other exterior openings must be covered by wooden structural panels. However, the glazed portion of an otherwise structurally sound door may be replaced or covered by a wooden panel. (2) Wooden structural panels may be installed on the exterior or interior of the opening. (3) The wooden structural panels installed on the exterior of a building must be flat, square, and level, and in a manner accepted as good workmanship. The administrator has the sole discretion to determine if the work was performed in an acceptable manner. (4) Required materials. The wooden structural panels must be used to cover doorways, windows, or other exterior openings. The wooden structural panels must be composed of CDX exterior grade plywood or oriented strand board ( "OSB ") with a minimum one -half ( 1/2) inch nominal (seven- sixteenths ( 7/16) inch actual) thickness. The administrator may approve the use of alternate materials. (5) Required fasteners and hardware. All metal fasteners and hardware must be made of stainless steel, galvanized steel, or cadmium plated steel. (6) Required coatings. All exterior materials used to board a vacant building must be painted with a minimum of -279- PAGE 1 CASE NUMBER PROPERTY ADDRESS VIOLATION DETAIL PAGE 2 08- 00011997 1502 TARLTON ST CORRECTIVE ACTION REQUIRED : two (2) coats of exterior grade latex paint that is black, white, the predominant color of the building, or a color approved by the administrator. (7) Approved methods for installing exterior wooden structural panels. a. Wooden structures with wood trim surrounding window and door openings. 1. If there is a sill that extends beyond the face of the building, the bottom of the wooden structural panels must be flush with the sill and the wooden structural panels must extend at least four (4) inches on the top and on each side of the opening. 2. If there is no sill or the sill does not extend beyond the face of the building, the wooden structural panels must and extend at least four (4) inches on the top, bottom, and on each side of the opening. 3. The wooden structural panels must be attached to the building and window by wood screws, lag bolts, or carriage bolts. A washer must be installed between the head of the screw or bolt and the wooden structural panel. If carriage bolts are used that extend into the interior of the building, washers must be used between the nut and the interior surface. 4. Wooden screws and lag bolts must be secured to the structural framing member surrounding the opening. 5. The structural wooden panels must be attached under the following: Fastener Type: 2 1/2 #6 Wood screws; Fastener Spacing: Panel span <= 4 foot: 16 "; Fastener Spacing: 4 foot < panel span <= 6 foot: 12 "; Fastener Spacing: <= 6 foot < panel span <= 8 foot: 9 ". Fastener Type: 2 1/2 #8 Wood screws; Fastener Spacing: Panel span <= 4 foot: 16 "; Fastener Spacing: 4 foot < panel span <= 6 foot: 16 "; Fastener Spacing: <= 6 foot < panel span <= 8 foot: 12 ". 6. The fasteners must be installed at opposing ends of the wooden structural panels. b. Masonry structures or structures with brick facades with wood trim surrounding window and door openings: 1. If there is a sill that extends beyond the face of the building, the bottom of the wooden structural panels must be flush with the sill and the wooden structural panels must: A. Cover the window or door opening. B. Be flush with the sill. C. Either be set into or be flush with masonry wall or brick facade on the top and both sides of the opening. 2. If there is no sill or the sill does not extend beyond the face of the building, the wooden structural panels must be either set into or be flush with the masonry wall or brick facade on the top, bottom, and on each side of the window opening. 3. The wooden structural panels must be attached to the -280- VIOLATION DETAIL CASE NUMBER 08- 00011997 PROPERTY ADDRESS 1502 TARLTON ST CORRECTIVE ACTION REQUIRED : building by wood screws, lag bolts, or carriage bolts. A washer must be installed between the head of the screw or bolt and the wooden structural panel. If carriage bolts are used that extend into the interior of the building, washers must be used between the nut and the interior surface. 4. Wooden screws and lag bolts must be secured to the structural framing member surrounding the opening. 5. The structural wooden panels must be attached under the following: Fastener Type: 2 1/2 #6 Wood screws; Fastener Spacing: Panel span <= 4 foot: 16 "; Fastener Spacing: 4 foot < panel span <= 6 foot: 12 "; Fastener Spacing: <= 6 foot < panel span <= 8 foot: 9 ". Fastener Type: 2 1/2 #8 Wood screws; Fastener Spacing: Panel span <= 4 foot: 16 "; Fastener Spacing: 4 foot < panel span <= 6 foot: 16 "; Fastener Spacing: <= 6 foot < panel span <= 8 foot: 12 ". 6. The fasteners must be installed at opposing ends of the wooden structural panels. c. Masonry structures or structures with brick facades with metal trim surrounding window and door openings: 1. If there is a sill that extends beyond the face of the building,the bottom of the wooden structural panels must be flush with the sill and the wooden structural panels must: A. Cover the window or door opening. B. Be flush with the sill. C. Either be set into or be flush with masonry wall or brick facade on the top and both sides of the opening. 2. If there is no sill or the sill does not extend beyond the face of the building, the wooden structural panels must be either set into or flush with the masonry wall or brick facade on the top, bottom, and on each side of the opening. 3. The wooden structural panels must be attached to the metal trim by metal screws, lag bolts, or carriage bolts. A washer must be installed between the head of the screw or bolt and the wooden structural panel. If carriage bolts are used that extend into the interior of the building, washers must be used between the nut and the interior surface. 4. Metal screws and lag bolts must be secured to the metal structure used to frame the opening. 5. The structural wooden panels must be attached under the following: Fastener Type: 2 1/2 #6 Wood screws; Fastener Spacing: Panel span <= 4 foot: 16 "; Fastener Spacing: 4 foot < panel span <= 6 foot: 12 "; Fastener Spacing: <= 6 foot < panel span <= 8 foot: 9 ". Fastener Type: 2 1/2 #8 Wood screws; Fastener Spacing: Panel span <= 4 foot: 16 "; Fastener Spacing: 4 foot < panel span <= 6 foot: 16 "; Fastener Spacing: <= 6 foot < panel span <= 8 foot: 12 ". 6. The fasteners must be installed at opposing ends of the wooden structural panels. -281- PAGE 3 VIOLATION DETAIL PAGE CASE NUMBER 08- 00011997 PROPERTY ADDRESS 1502 TARLTON ST CORRECTIVE ACTION REQUIRED : d. Masonry structures or structures with brick facades with no trim surrounding windows. 1. A wooden frame constructed of with two -inch by four -inch nominal dimensional lumber must be installed around the perimeter of the opening. 2. The wooden frame must be secured to the masonry wall or brick facade with lag bolts and vibration- resistant anchors having a minimum ultimate withdrawal capacity of four hundred ninety (490) pounds. 3. The wooden structural panels must be attached to the wooden frame using wood screws. 4. The structural wooden panels must be attached under the following: Fastener Type: 2 1/2 #6 Wood screws; Fastener Spacing: Panel span <= 4 foot: 16 "; Fastener Spacing: 4 foot < panel span <= 6 foot: 12 "; Fastener Spacing: <= 6 foot < panel span <= 8 foot: 9 ". Fastener Type: 2 1/2 #8 Wood screws; Fastener Spacing: Panel span <= 4 foot: 16 "; Fastener Spacing: 4 foot < panel span <= 6 foot: 16 "; Fastener Spacing: <= 6 foot < panel span <= 8 foot: 12 ". 5. The fasteners must be installed at opposing ends of the wooden structural panels. e. The administrator may approve the use of blocks, clips, or other special hardware items or alternate methods for installing wooden structural panels. (8) All broken glass and any other loose material must be removed from the opening before the wooden structural panels are installed. (9) Exterior access to floor areas above the first floor, such as fire escapes and ladders, must be either: a. Removed up to the second floor level or to a height of thirteen (13) feet above the ground, whichever is lesser. b. Secured to the satisfaction of the administrator. (10) Fascia signs, overhanging signs, roof signs, and all other appurtenances, such as sun visors or awnings must be removed if they are in a dangerous condition or could create such a condition. (11) All loose or defective materials, trim, or structural elements on the exterior of the building must be removed. (12) Any condition which may become a hazard or danger to the public must be corrected. (b) The owner of a boarded vacant building shall post the premises. (1) One (1) or more signs must be posted at or near each entrance to the building and on fences or walls, as appropriate. (2) The signs must remain posted until the building is either lawfully occupied or demolished. (3) The signs must contain the following information: DO NOT ENTER It is a misdemeanor to enter or -282- 4 VIOLATION DETAIL PAGE 5 CASE NUMBER 08- 00011997 PROPERTY ADDRESS 1502 TARLTON ST CORRECTIVE ACTION REQUIRED : occupy this building or premises or to remove or deface this notice. Trespassers will be prosecuted. (4) The lettering of the sign must be at least a forty- eight -point font type size. (c) Instead of boarding a building in the manner specified by subsection (a) of this section, the administrator may allow the owner to secure the vacant building in a manner in which the administrator determines adequately prevents unauthorized entry or vandalism. VIOLATION: WATCHMAN REQUIRED (DT) DESCRIPTION: SEC 13 -4012 LOCATION: QUANTITY: 1 DATE: 11/12/08 NARRATIVE : Watchman must be on the premises until all openings have been secured and boarded up. ORDINANCE DESCRIPTION : (a) If boarding, the use of electronic monitoring systems, or the use of other methods fails to keep unauthorized persons from entering an unoccupied vacant downtown building, upon direction by the administrator, the owner shall have a watchman on duty upon the premises every day continuously between the hours of 4:00 p.m. and 8:00 a.m. (b) The watchman must remain on duty daily during the required hours until the building is either legally occupied, demolished, or sold. VIOLATION: PAINTING EXTERIOR PANELS QUANTITY: 1 DESCRIPTION: SEC 13 -3010 DATE: 11/12/08 LOCATION: NARRATIVE : All exterior panels must be free of grafitti and painted accordingly. ORDINANCE DESCRIPTION : When an owner of a vacant building boards up a building, the owner shall apply at least two (2) coats of exterior paint to the exterior panels installed on all openings, windows, and doors. The coat of exterior paint must be black, white, the predominant color of the building, or a color approved by the administrator. VIOLATION: DUTY TO CLEAN VACANT BLD QUANTITY: 1 DESCRIPTION: SEC 13 -3007 DATE: 11/12/08 LOCATION: -283 CONTINUED ONTINUED VIOLATION DETAIL CASE NUMBER 08- 00011997 PROPERTY ADDRESS 1502 TARLTON ST NARRATIVE : Property must be entirely cleaned up and free of any litter and solid waste. ORDINANCE DESCRIPTION : (a) The owner of a vacant building shall remove any solid waste from the interior of the building. (b) The owner of a vacant building shall remove any solid waste or high weeds and brush from the premises on which the vacant building is located. (c) The owner shall keep the premises on which the vacant building is located properly maintained until the building is returned to an authorized occupancy, demolished, or sold. (d) Failure of the owner to maintain the premises that results in abatement by the city is grounds for revocation of the approved vacant building plan and timetable, and the owner is subject to any applicable penalties. CORRECTIVE ACTION REQUIRED : in a manner accepted as good workmanship. The administrator has the sole discretion to determine if the work was performed in an acceptable manner. (4) Required materials. The wooden structural panels must be used to cover doorways, windows, or other exterior openings. The wooden structural panels must be composed of CDX exterior grade plywood or oriented strand board ( "OSB ") with a minimum one -half ( 1/2) inch nominal (seven- sixteenths ( 7/16) inch actual) thickness. The administrator may approve the use of alternate materials. (5) Required fasteners and hardware. All metal fasteners and hardware must be made of stainless steel, galvanized steel, or cadmium plated steel. (6) Required coatings. All exterior materials used to board a vacant building must be painted with a minimum of two (2) coats of exterior grade latex paint that is black, white, the predominant color of the building, or a color approved by the administrator. (7) Approved methods for installing exterior wooden structural panels. a. Wooden structures with wood trim surrounding window and door openings. 1. If there is a sill that extends beyond the face of the building, the bottom of the wooden structural panels must be flush with the sill and the wooden structural panels must extend at least four (4) inches on the top and on each side of the opening. 2. If there is no sill or the sill does not extend beyond the face of the building, the wooden structural panels must and extend at least four (4) inches on the top, bottom, and on each side of the opening. 3. The wooden structural panels must be attached to the building and window by wood screws, lag bolts, or carriage bolts. A washer must be installed between the head of the screw or bolt and the wooden structural panel. If carriage -284- PAGE 6 VIOLATION DETAIL PAGE 7 CASE NUMBER 08- 00011997 PROPERTY ADDRESS 1502 TARLTON ST CORRECTIVE ACTION REQUIRED : bolts are used that extend into the interior of the building, washers must be used between the nut and the interior surface. 4. Wooden screws and lag bolts must be secured to the structural framing member surrounding the opening. 5. The structural wooden panels must be attached under the following table: TABLE INSET: Fastener Type Fastener Spacing P anel span <= 4 foot 4 foot < panel span <= 6 foot <_ 6 foot < panel span <= 8 foot 2 1/ 2" #6 Wood screws 16" 12" 9" 2 1/2" #8 Wood screws 16" 16" 12" 6. The f asteners must be installed at opposing ends of the wooden structural panels. b. Mason ry structures or structures with brick facades with wood trim surrounding window and door openings: 1. If there is a sill that extends beyond the face of the building, the bottom of the wooden structural panels must be flush with the sill and the wooden structural panels must: A. Cover the window or door opening. B. Be flush with the sill. C. Either be set into or be flush with masonry wall or brick facade on the top and both sides of the opening. 2. If there is no sill or the sill does not extend beyond the face of the building, the wooden structural panels must be either set into or be flush with the masonry wall or brick facade on the top, bottom, and on each side of the window opening. 3. The wooden structural panels must be attached to the building by wood screws, lag bolts, or carriage bolts. A washer must be installed between the head of the screw or bolt and the wooden structural panel. If carriage bolts are used that extend into the interior of the building, washers must be used between the nut and the interior surface. 4. Wooden screws and lag bolts must be secured to the structural framing member surrounding the opening. 5. The structural wooden panels must be attached under the following table: TABLE INSET: Fastener Type Fastener Spacing P anel span <= 4 foot 4 foot < panel span <= 6 foot <= 6 foot < panel span <= 8 foot 2 1/2" #6 Wood screws 16" 12" 9" 2 1/ 2" #8 Wood screws 16" 16" 12" 6. Th e fasteners must be installed at opposing ends of the woo den structural panels. c. Ma sonry structures or structures with brick facades with me tal trim surrounding window and door openings: 1. If there is a sill that extends beyond the face of the buildin g, the bottom of the wooden structural panels must be flus h with the sill and the wooden structural panels must: -285- VIOLATION DETAIL PAGE 8 CASE NUMBER 08- 00011997 PROPERTY ADDRESS 1502 TARLTON ST CORRECTIVE ACTION REQUIRED : A. Co ver the window or door opening. B. Be flush with the sill. C. Either be set into or be flush with masonry wall or brick facade on the top and both sides of the opening. 2. If there is no sill or the sill does not extend beyond the face of the building, the wooden structural panels must be either set into or flush with the masonry wall or brick facade on the top, bottom, and on each side of the opening. 3. The wooden structural panels must be attached to the metal trim by metal screws, lag bolts, or carriage bolts. A washer must be installed between the head of the screw or bolt and the wooden structural panel. If carriage bolts are used that extend into the interior of the building, washers must be used between the nut and the interior surface. 4. Metal screws and lag bolts must be secured to the metal structure used to frame the opening. 5. The structural wooden panels must be attached under the following table: TABLE INSET: Fastener Type Fastener Spacing P anel span <= 4 foot 4 foot < panel span <= 6 foot <_ 6 foot < panel span <= 8 foot 2 1/ 2" #6 Wood screws 16" 12" 9" 2 1/2" #8 Wood screws 16" 16" 12" 6. The f asteners must be installed at opposing ends of the wooden structural panels. d. Mason ry structures or structures with brick facades with no tr im surrounding windows. 1. A wooden frame constructed of with two -inch by four -inch nominal dimensional lumber must be installed around the perimeter of the opening. 2. The wooden frame must be secured to the masonry wall or brick facade with lag bolts and vibration - resistant anchors having a minimum ultimate withdrawal capacity of four hundred ninety (490) pounds. 3. The wooden structural panels must be attached to the wooden frame using wood screws. 4. The structural wooden panels must be attached under the following table: TABLE INSET: Fastener Type Fastener Spacing Panel span <= 4 foot 4 foot < panel span <= 6 foot <_ 6 foot < panel span <= 8 foot 2 1 /2" #6 Wood screws 16" 12" 9" 2 1/2" #8 Wood screws 16" 16" 12" 5. The fasteners must be installed at opposing ends of the woode n structural panels. e. The administrator may approve the use of blocks, clips, or other special hardware items or alternate methods for insta lling wooden structural panels. (8) All broken glass and any other loose material must be removed f rom the opening before the wooden structural panels ar -286- VIOLATION DETAIL CASE NUMBER 08- 00011997 PROPERTY ADDRESS 1502 TARLTON ST CORRECTIVE ACTION REQUIRED (g) Ext e installed. erior access to floor areas above the first floor, such as fire escapes and ladders, must be either: a. Removed up to the second floor level or to a height of thirteen (13) feet above the ground, whichever is lesser. b. Secured to the satisfaction of the administrator. (10) Fascia signs, overhanging signs, roof signs, and all other appurtenances, such as sun visors or awnings must be removed if they are in a dangerous condition or could create such a condition. (11) All loose or defective materials, trim, or structural elements on the exterior of the building must be removed. (12) Any condition which may become a hazard or danger to the public must be corrected. (b) The owner of a boarded vacant building shall post the premises. (1) One (1) or more signs must be posted at or near each entrance to the building and on fences or walls, as appropriate. (2) The signs must remain posted until the building is either lawfully occupied or demolished. (3) The signs must contain the following information: DO NOT ENTER It is a misdemeanor to enter or occupy this building or premises or to remove or deface this notice. Trespassers will be prosecuted. (4) The lettering of the sign must be at least a forty- eight -point font type size. (c) Instead of boarding a building in the manner specified by subsection (a) of this section, the administrator may allow the owner to secure the vacant building in a manner in which the administrator determines adequately prevents unauthorized entry or vandalism. VIOLATION: INSTALLING FENCE QQUUANNTITY: 11/12/08 DESCRIPTION: SEC 13 -3011 LOCATION: NARRATIVE : Fencing must be installed around the premises to prevent any further illegal dumping. ORDINANCE DESCRIPTION : (a) If the boarding of a vacant building fails to keep the building effectively secured, the owner shall install a minimum eight -foot high chain link fence around the perimeter of the building. (b) The owner of a fenced vacant building shall post the premises. (1) One (1) or more signs must be posted at or near each -287- PAGE 9 VIOLATION DETAIL CASE NUMBER 08- 00011997 PROPERTY ADDRESS 1502 TARLTON ST ORDINANCE DESCRIPTION : entrance to the building and on fences or walls, as appropriate. (2) The signs must remain posted until the building is either lawfully occupied or demolished. (3) The signs must contain the following information: DO NOT ENTER It is a misdemeanor to enter or occupy this building or premises or to remove or deface this notice. Trespassers will be prosecuted. (4) The lettering of the sign must be at least a forty- eight -point font type size VIOLATION: ENTRY OR INTERFERENCE QUANTITY: 1 DESCRIPTION: SEC 13 -3014 DATE: 11/12/08 LOCATION: ORDINANCE DESCRIPTION : (a) No person may enter or occupy any building that has been posted under subsections 13- 3009(b) or 13- 3011(b), except to repair or demolish the building under proper permit or for a purpose authorized by the owner, or as allowed under subsection 13- 3005(b). (b) No person may remove or deface any notice that has been posted under subsections 13- 3009(b) or 13- 3011(b) until the required repairs or demolition have been completed or a certificate of occupancy has been issued by the building official. VIOLATION: DUTY TO REMOVE OR REPAIR QUANTITY: 1 DESCRIPTION: SEC 13 -3013 DATE: 11/12/08 LOCATION: ORDINANCE DESCRIPTION : The owner of a vacant building shall promptly remove or repair any element of the building or a sign on the premises that is in a condition of decay or partial ruin by reason of neglect, misuse, or deterioration. -288- PAGE 10 4811 0734 0 0 0 0 m 0 0 N r9 zit D 0 OSP tgAginzacire4Vaaraltyiiptoz*pir;Lti:L1 Po I 1 rAa9 ,.■ 1, eonthed Fe ROTOICTEMOiLly it* tagV3SM:P O(11 ; RECIC Fie;if iL led theluew Fee RON VOSS,SR T., 3756 BRATTON CORPUS CHRISTI TX 78413 ACCT # 1772-0000-0020 RP -7Lr'ctctirifi fil277 'b }) I .1 0 /Alai • , 17te-L.- r u 1 7004 1350 0000 4811 0734 - / ., les Pam. F.:navy-41,V:: 9- tqr.e.,:a i. ;pi irS32.....•=_Zar& glitriCO.:Air: ■20 'CI:- . "7=::::; F i 6 , F Fr; .a—E, . iNttiO, 50.171 0 2 l' 'LI II.. T coppco•-17A 0 0 0 4 6 3 2 4 i J 1 !CIV 14 2 0 Ci S v I.- - • it , - MAILED FROPA ZIP COOk n7E,' RESTRICTED DELIVER ( \: 1,1 RON VOSS,SR \t/ 3756 BRATTON CORPUS CHRISTI TX 78413 ACCT 0 1772-0000-0020 RP N C 702 11:1 Ci r11,7 mM11.11:04 yc s St bi DIEM UNCLAIMCD i.4N grial,C Tc, r On WARTI 7040909277 -289- ci —290— 0 a- m rR a s 0 0 0 O m m ri 0 Q N f f C .3 1 C RAT l d1. 11• -c. l qH TO AR L:w ! ra• 1'.'V t fT Ci A15 I . 1 r$ Ll Jr: at a r1 I .R N,a i� t Eti �. 1 I [Z O cri 1 rot A' 0 Is C 0 FS c 0 0 •• iii O H • 0 Ix7 -1 Ti H Ci C to c▪ `+ tiDi11 bj N!C Iii e 1 co rA ry ; 2 O -7YO - P3 . -, ; O ,3J 6] ti -1; is ,•e H N Li_ ..1 fiffi ;; flr_ 0 • 0 O sb3 • o Do O n r ass, C M 10 1 Ft co Cr. F-: -291- N ru Ln E-3 O CO 0 , 0 fg N 0 DAI 1-4 E-'0 NZ Ig 0 fg 0-1 0 O 00 CO Col I 04 1-1 C%1 :4 E-I r- E-1 Et fr, CO kr) fi :=1. •■■ El 0 ai 0 P.. 124 y 0 0 ▪ - ,, fi g 00 1 1 E2 52TO 9000 OTWO 900L z ts, • .cl O �o • r- IN 0 X I EI g", o • o o 0 of o Mti Ea al i N 0 El CC I-- E-1 1-i N ta T-1 -292- STATE OF TEXAS NUECES COUNTY ADMINISTRATIVE INSPECTION WARRANT § TO ANY HEALTH OFFICER OR CODE ENFORCEMENT OFFICAL OF THE STATE OF TEXAS, OR OF NUECES COUNTY OR OF THE CITY OF CORPUS CHRISTI EMPOWERED TO CONDUCT THE INSPECTION AUTHORIZED BY THIS WARRANT: GREETINGS: WHEREAS, the Affiant, whose name appears on the Affidavit for Administrative Inspection Warrant ( "Affidavit ") attached hereto, and incorporated herein by reference as if written verbatim within this document, is a code enforcement officer of the City of Corpus Christi, did heretofore this day subscribe and swear to said Affidavit; WHEREAS, I find that the verified facts stated by affiant in said Affidavit show that affiant has probable cause for the belief he expresses herein and establishes existence of proper grounds for issuance of this Administrative Inspection Warrant; YOU ARE HEREBY COMMANDED to enter the premises described in said affidavit, to wit: the exterior and interior of the buildings as well as the surrounding curtilage at 1502 Tarlton, Corpus Christi, Texas and inspect the property. This inspection is authorized to check or reveal conditions, objects, activities, or circumstances indicated in the accompanying affidavit. This warrant must be retumed without unnecessary delay after its execution, showing how you executed the same. Signed this / ) day of November, 2008 at lock m Muni al Court Judge City •f Corpus Christi Nueces County, Texas OFFICER'S RETURN .m. Came to hand the 113 day of November, 2008, at )t - o''clocoAo k and executed on the )'S day of vao. , 2008, at s N i c-v.- tk . n)n«u.art-- • Exhibit 6 —293— STATE OF TEXAS NUECES COUNTY AFFIDAVIT TO OBTAIN ADMINISTRATIVE INSPECTION WARRANT BEFORE ME, the undersigned authority, personally appeared MIKE MARTINEZ who, being by me duly sworn, deposed as follows: "My name is MIKE MARTINEZ, I am over the age of eighteen (18) years. I am of sound mind and competent to make this Affidavit. The statements contained herein are based on my personal knowledge and are true and correct. "I am a code enforcement officer employed by the City of Corpus Christi - Neighborhood Services Department. Based on my training, education and experience, I have probable cause to believe and I do believe that the following described property is in such a substandard condition as to constitute a hazard to the health and safety of the neighborhood, and of the general public: 1502 Tarlton St. Corpus Christi, Nueces County, Texas 78415. "The facts which establish probable cause to believe this are: 'The property at 1502 Tarlton Street, Corpus Christi, Texas which is believed to be owned by Ron Voss and the Phoenix Southwest Group has been and is currently unoccupied and vacant. "Neighborhood Services along with the news media and the fire department were present at the location last week. The news media who were able to reach the top of the structure reported to me that there is a portion of the roof that is sinking or caved in approximately 9 feet in diameter. There are also holes in the roof that vagrants and derelicts are using to enter the building and use it as shelter from the elements. "According to the fire marshal because the lower portion of the building is boarded up, in the event of a fire any person inside the building would be at serious risk of death because they would not be able to get back out of the holes in the roof. With the approaching cold fronts there is grave concern that the vagrants and derelicts using the building will build fires inside to keep warm putting themselves in harms way. -294- "Furthermore, because the roof is caving in and it is unknown how deteriorated the overall structure is, it may be so structurally deteriorated as to present danger of collapse, putting anyone inside the building or living near the building in danger. "These concems are not without foundation as on at least one occasion in the past several years a dead body was found within the structure. On other occasions used syringes and other drug paraphernalia have been found. "A partial inspection was made on Friday, November 7, 2008 with the Defendant. After seeing additional loose wiring and further cave -ins in the ceiling a full inspection or completion of the inspection is required to determine the building's condition. "Affiant asks for an administrative inspection warrant pursuant to Texas Code of Criminal Procedure 18.05 to inspect the exterior and interior of 1502 Tarlton including the curtilage, to reveal the conditions and circumstances of the building Swom to and signed before me by MIKE MARTINEZ, on this the 13 of November, 2008. Pe n Authorized to Administer Oath TITLE: Municipal Court Judge -295- C V`t/011t/ City of Corpus Christi LEGAL DEPARTMENT PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361-880-3360 Fax 361-880-3239 Municipal Court Prnsecuto's Office 120 N. Chaparral Corpus Christi Texas 7840I Phone 361- 886 -2530 Fax 361 - 886 -2567 Juvenile Court Prosecutors Office 226 Enterprise Pkwy Suite 103 Corpus Christi Texas 78405 Phone 361- 826 -4014 Fax 361-826-4309 Police Legal Advisor 321 John Sartain Corpus Christi Texas 78401 Phone 361-886-2608 Fax 361- 886 -2634 www.cctexas.com fi November 20, 2008 Mr. Kenneth M. Culbreth, Jr. Jordan, Hyden, Womble, Culbreth & Holzer, P.C. 500 North Shoreline, Suite 900 Corpus Christi, Texas 78471 Via First Class mail Via hand delivery Via email: kculbreth@ jhwclaw.com Re: 1502 Tarlton Street – substandard and vacant structure Dear Ken: This letter is sent in response to your two communications received by email on Thursday, November 13, 2008. The two communications, regarding the above - referenced property ( "Tarlton "), were received at 3:44 p.m. and 3:58 p.m., respectively. While I provided a limited initial reply that Thursday in re- sponse to these inquiries, as previously noted, a full response would be forth- coming after the matter had been reviewed with staff. The issues raised in your inquiries are addressed in this letter. To recap, the Tarlton property is owned by your client and, what appears to be, an 'empty' corporation (corporation organized by a single individual; same individual reported by your client to be deceased as of November, 2007). Fol- lowing local media reports and receipt by the City of a complaint that this property was again unsecured and being accessed by transients, in violation of the Corpus Christi Code of Ordinances (the "Code "), your client and City staff (consisting of personnel from the Fire, Police, and Neighborhood Ser- vices Departments), along with attorneys representing both parties, con- ducted a partial inspection of the Tarlton property on Friday, November 7, 2008. (This inspection was partial in nature due to the fact that some rooms, portions of the west wing, and an upper floor were not accessed.) As was observed by staff and your client during this inspection, multiple vio- lations of the Code were apparent, both inside and outside the structure, at this property —high weeds, accumulations of solid waste and litter, fire pre- vention provisions (exposed wiring and discarded combustibles, among other violations), multiple unsecured entry points, graffiti, and substandard struc- tural and occupancy conditions. Additionally, there was overwhelming evidence that the structure had been repeatedly, and often, accessed and occupied by unknown persons. It was noted that, while abatement of some of the observed Code violations would appear to require more than a day or two to remedy, such as the caved -in roof section (for which further discussions and development of an action plan would be appropriate), the most pressing concerns regarding unsecured entry and access would require immediate attention by your client. Exhib98 K. Culbreth — Tarlton property November 20, 2008 Page 2 of 4 Following the inspection, your client was instructed to take the following immediate measures: (1) Secure not less than two night watchmen, to be on duty by dusk the evening of Friday, November 7, 2008. At a mini- mum, one watchmen had to be on duty at all times during daylight hours. The requirement for continuous watchmen had to be met until the property was secured by other means. (2) All openings to the buildings were required to be boarded and secured from entry. (3) All high grass and weeds were required to be abated. (4) All solid waste, litter, and other debris were required to be abated. All of the above - stated immediate abatement measures were discussed and reviewed with your client by staff. At that time, your client assured staff that watchmen would be hired and that he would "try" to secure the building over the weekend. While staff understood the practical constraints of attempting to obtain the services of a contractor over the upcoming weekend, nothing pre- vented your client from taking such immediate steps on his own to obtain the necessary materials and begin work to secure the property, in addition to completing the needed mowing and exterior clean -up. Despite your client's apparent understanding and acknowledgement of the absolute necessity to immediately abate the existing conditions, it appears that your client did nothing. Follow -up inspections of the exterior of the Tarlton property were conducted last week. The results of these inspections are as follows: • Tuesday, November 11, 2008 AM: no secured entries, no boarding of openings, no watchmen on site, no abatement of high weeds, no abatement of solid waste • Tuesday, November 11, 2008 PM: no secured entries, no boarding of openings, no watchmen on site, no abatement of high weeds, no abatement of solid waste —297— K. Culbreth — Tarlton property November 20, 2008 Page 3 of 4 • Wednesday, November 12, 2008 PM: no secured entries, no boarding of openings, no watchmen on site, no abatement of high weeds; no abatement of solid waste • Thursday, November 13, 2008 AM: no secured entries, no boarding of openings, no watchmen on site, no abatement of high weeds, no abatement of solid waste As a result of suspected inaction by your client, the City obtained and exe- cuted an administrative inspection warrant Thursday afternoon, November 13, 2008, in order to conduct a full inspection and ascertain whether or not the previously - observed violations continued unabated at the Tarlton property. In order to obtain access to the structure, an old lock had to be broken. The old lock was replaced with a new lock, and the keys are included in the envelope (with this original letter) being delivered to your office. Following entry under the warrant, it was apparent that all expectations re- lated to your client's assurances to take immediate abatement actions to secure the property were unfulfilled. Of note, staff observed that there appeared to have been continued entry by unknown persons following the previous inspection due to the apparent placement of chairs and other objects in places where such had not been on Friday, November 7, 2008. There -fore, the City, through an independent contractor, proceeded to immediately abate the unsecured entry points and openings, under provisions contained in Sections 13 -26(E) and 13- 3005(d) of the Code. With the exception of the roof openings over the interior atriums and the caved -in roof section of the west wing, the structure was secured by late evening on Thursday, November 13, 2008. However, violations related to the high grass /weeds and accumula- tions of solid waste were not summarily abated at that time. Your client continues to be responsible for ensuring that further action is taken with regard to the high weeds and solid waste presently existing on the property. (The Tarlton property was previously documented in violation on 4/2/08, 6/17/08, 6/26/08, and 7/31/08. Criminal charges related to these vio- lations are pending at this time against your client.) Failure by your client to immediately abate the existing exterior violations may result in the filing of additional criminal charges. Furthermore, additional abatement activity may be sought by the City, utilizing an independent contractor. (See copies of attached previous violation notices.) —298— K. Culbreth - Tarlton property November 20, 2008 Page 4 of 4 With regard to the continuing substandard condition of the structure, please be advised that the City will be seeking a permanent solution to address this unsafe, blighted property. In the event that your client desires to discuss and formulate a long term solution that is satisfactory to all parties, please contact me at your earliest practical convenience. Sincerely, Eliza • th R. Hundley Assistant City Attorney Enclosures 5 (Two keys; three documents) cc: 'Angel R. Escobar, City Manager Margie Rose, Assistant City Manager Andy Cardiel, Fire Marshal Yvonne Haag, Director, Neighborhood Services Department Robert Quiroz, Zoning and Code Enforcement Administrator, NSD -299- Ci Corpus Christi November 21, 2008 Notification of Ordinance Violation Department of Neighborhood Services Code Enforcement Division CERTIFIED # 7006 0810 0006 0125 2336 1772 - 0000 -0020 RE: 1502 TARLTON ST RON VOSS COPPS LT 2 15706 CUTTYSARK CORPUS CHRISTI TX 78418 On November 21, 2008, a survey of the above property was conducted. Certain conditions were found to exist which violate the Building and Housing Standards Code and ordinances cif the City of Corpus Christi. A copy of the survey stating the nature of the violation(s) is attached for your review and incorporated by reference in this notice. Please correct the violation(s) within thirty (30) days of receipt of this notice. A permit must be obtained before any work is begun. Failure to respond to this notice or voluntarily eliminate these defects, by either repairs, reconstruction, alteration, removal, or demolition within the allowed time, will result in further action. If necessary, the City may contract for demolition of the property. Expenses and administrative fees incurred by the City will be assessed on the real estate upon which such expenses were incurred. The City may also file charges in Municipal Court for these violations. If found guilty, you can be assessed a fine of up to $500.00 under Section 13 -29 of the Code of Ordinances. Each day a violation continues constitutes a separate and distinct offense. If you have any questions, you may call between 8:00 and 9:00 a.m. or 4:00 and 5:00 p.m., weekdays at (361) 880 -3030. Sincerely, MIKE MARTINEZ Code Enforcement Official 08- 00012213 NIDBDO1 RP Exhibit 8 NOTICE: The City's Solid Waste Department will not pick up rubbish at vacant lots or vacant houses unless the collection fee is being paid for that address. —300— VIOLATION DETAIL CASE NUMBER 08- 00012213 PROPERTY ADDRESS 1502 TARLTON ST VIOLATION: FAIL TO MEET MINIMUM STDS QUANTITY: 1 DESCRIPTION: SEC 13 -25 DATE: 11/20/08 LOCATION: NARRATIVE : Building case was initiated due to building failing to meet minimum standards.Any questions contact Mike Martinez at 815 -0349. PAGE 1 ORDINANCE DESCRIPTION : ALL BUILDINGS OR STRUCTURES WHICH HAVE ANY OR ALL OF THE FOLLOWING DEFECTS OR LACK OF FACILITIES SHALL BE DEEMED SUBSTANDARD BUILDINGS: 1. ALL BUILDINGS OR STRUCTURES NOT IN CONFORMITY WITH THIS CODE. 2. ALL BUILDINGS OR STRUCTURES WHICH HAVE PIT PRIVIES WHERE THE SANE ARE NOT PERMITTED BY LAW OR WHICH ARE NOT CONNECTED TO THE CITY SEWER WHEN REQUIRED BY LAW, OR WHERE INADEQUATE AND UNSANITARY PIT PRIVIES OR SEPTIC TANKS EXIST. 3. ALL BUILDINGS OR STRUCTURES THAT HAVE BECOME DETERIORATED THROUGH ACCIDENT OR LACK OF REPAIR OR NATURAL CAUSES OR BY DAMAGE THROUGH EXPOSURE TO THE ELEMENTS, ESPECIALLY WINDS, HAIL OR RAIN, OR DAMAGE THROUGH FIRE TO THE EXTENT THAT THE ROOF, WINDOWS AND DOORS OR PORTIONS OF THE BUILDING OR STRUCTURE WHICH PROTECT FROM THE WEATHER WILL NO LONGER PROTECT THE WEATHER. 4. ALL BUILDINGS OR STRUCTURES WHICH CONSTITUTE OR IN WHICH ARE MAINTAINED FIRE HAZARDS AS THAT TERM IS DEFINED THROUGH THE FIRE PRVENTION CODE OF THE CITY. 5. ALL BUILDINGS OR STRUCTURES WHICH ARE SO STRUCTURALLY DETERIORATED THAT THEY ARE IN DANGER OF COLLAPSE OR WHICH CANNOT BE EXPECTED TO WITHSTAND WINDS OF HURRICANE FORCE. 6. ALL BUILDINGS OR STRUCTURES SO CONSTRUCTED OR PERMITTED TO BE SO CONSTRUCTED AS TO CONSTITUTE A MENACE TO HEALTH OR SAFETY, INCLUDING ALL CONDITIONS CONDUCIVE TO THE HARBORING OF RATS OR MICE OR OTHER DISEASE - CARRYING ANIMALS OR INSECTS REASONABLY CALCULATED TO SPREAD DISEASE AND INCLUDING SUCH CONDITIONS HAZARDOUS TO SAFETY AS INADEQUATE BRACING OR THE USE OF DETERIORATED MATERIALS. 7. ALL BUILDINGS OR STRUCTURES, WHETHER OR NOT IN USE, WHICH ARE UNSAFE, UNSANITARY, UNFIT FOR HUMAN HABITATION, OR NOT PROVIDED WITH ADEQUATE EGRESS, OR WHICH CONSTITUTE A FIRE HAZARD, OR ARE OTHERWISE DANGEROUS TO HUMAN LIFE, OR WHICH IN RELATION TO THE EXISTING USE CONSTITUTE A HAZARD TO SAFETY OR HEALTH BY REASON OF INADEQUATE MAINTENANCE, DILAPIDATION, OBSOLESENCE OR ABANDONMENT ARE UNSAFE BUILDINGS. ALL UNSAFE BUILDINGS ARE HEREBY DECLARED ILLEGAL AND SHALL BE ABATED BY REPAIR AND REHABILITATION OR BY DEMOLITION IN ACCORDANCE SET FORTH IN THIS CODE. -301- ...cot. No.: 1772- 0000 -0020 Zoning:AB CT: 15 Building Survey Report Property Address: 1502 TARLTON Lot:2 Block: Owner: SOUTHWEST GROUP 1, RON VOSS, SR. City /State: CORPUS CHRISTI, TX Dwelling >Commercial Accessory Wood Frame >Masonry >Vacant Occupied Open ©Placard Fire Damage Inspection Date: 11-7 -2008 Revised Date: City of Corpus Christi Officer: MIRE MARTINEZ Addition: COPPS Mail to: 15706 CUTTYSARR /ALSO 3756 BRATTON Zip: 78418/78413 Sq Ft 1 Story 4 Of Units >Inside Inspection >Pictures >Date Posted: 11 -11 -08 Corrections must be made to the item(s) checked below to comply with the Code Enforcement Minimum Building Standards Code. The following city ordinances are applicable: Building, Plumbing, Electrical, Mechanical, Fire, Health, Zoning. Permits Required: D Building > Plumbing ® Electrical > Mechanical _Fire _Health Other: Smoke Alarms: _® Missing Inoperative Required OUTSIDE WALLS: (304.2,304.14,307.6) Type:BRYCK Charred Wood Rotten Wood Rotten Corner Boards Missing Boards >Badly in Need of Paint Siding Broken Missing Holes > Cracks Buckled Leans Missing Brick > Loose Brick >Damaged Exterior Trim Other: WINDOWS: (304.7,8,9,10,13) Charred Wood >Broken Glass Missing Screens Torn Screens Missing /Broken Sash Improperly Located ROOF: (304.3) Type:TAR & GRAVEL Charred Wood Rotten Eaves Rotten Rafter Tails (*Rotten Decking Missing Shingles Deteriorated Shingles > Leaks >Sags > Buckled >Collapsed >Worn >Torn >Holes Other: PORCHES: (304.5,6) Charred Wood Missing /Broken Boards Loose Rotten Wood Inadequepport c...,..,,er Post Missing Additional Alarms FOUNDATION: (304.1,304.17) Type:CONCRETE PIER AND BEAM Inadequate Support Rotten Wood Piers Lean Piers Missing Cracks /Perimeter Wall Cracks /Slab Pads Missing Cracked Missing Skirting Missing Access Cover Exposed Sills Rotten Sills Damaged Floor Joist Sagging Floor Joist Other: DOORS: (304.7,304.12,304.13) Charred Wood (*Missing > Damaged >Poor Fit Damaged /Missing Screens) Off Hinges Page 2 STEPS: (304.5,6) Charred Wood Rotten Wood Missing Boards Inadequate Support Missing Handrails Loose Handrails Faulty Weather Protection Other PLUMBING: WATER CLOSET (301,306.6,307.2) ►Missing No Anti-Siphon Ballcock Stopped Up Poorly Anchored Seeps Around Bowl Water Supply Line Leaks Flush Ell Leaks Runs Constantly Tank Broken Cracked Bowl Broken Cracked Disconnected Missing Flush Handle Missing Flapper Urinal No Back -flow Preventive No Elongated Bowl /Open -end Seat Other LAVATORY: (301.1,301.2,307.2) a-Missing No Anti- Siphon Faucets Faucets Leak Broken Missing "P" Trap Leaks Missing Defective Trap Stopped Up Water Supply Line Leak Loose from Wall Nonconforming Waste Line Disconnected Other: KITCHEN SINK: (304.19,306.2) Defective Trap Faucets Loose Broken Faucets Missing "P" Trap Rubber Hose Trap Leaks Missing Stopped Up Property Address: PLUMBING: BATHTUB /SHOWER: (301,306.6,307.2) ►Missing Faucets Loose Broken Missing No Anti- Siphon Faucets Missing Overflow Plate Missing Tap Missing Shower Head Not vented Disconnected Stopped Up Damaged Shower Stall Other WATER HEATER: (301.4307.3) Gas Electric 0-Missing Disconnected Temperature /Pressure /Relief Valve Missing Temperature /Pressure /Relief Valve Broken Drain Line Missing Not Approved Pipe Not Extended Outside Elbowed Down Vent Missing Loose No Double Wall Pipe /Attic Nonconforming Vent Inadequate Combustion Air Thermostat Missing Damaged No Gas Cut Off Missing Firebox Door Gas Supply Line Not Approved Pipe Gas Fired - Located in Bathroom Gas Fired - Located in Bedroom Fire Damaged Other GAS SYSTEM: (301.5) Gas Pressure Test Required Gas Leak Line Appears to Enter Bldg Below Grade Level Gas Supply Line Not Approved Pipe Rubber Hose to Space Heaters Non -Rigid Pipe Run Through Partition Wall Other PLUMBING MISCELLANEOUS: (301.1,2,3) Open Clean Out Water Leak Yard Under House Vent Stack Missing Broken Vent Stack Not Extended Through Roof Rain Guard Damaged Missing 0-Exposed Exterior PVC Pipe -303WC Water Supply Lines Washer No "P" Trap Not Vented No Cut Offs Page 3 ELECTRICAL SERVICE: (302.4,303) Service Panel Burned ►Service Missing ►Service Appears Below Code Two -Wire Service ►Inadequate ►Defective ►Disconnected ►Service Not Grounded ►Missing Breakers Fuses ►Missing Interior Exterior Panel Cover ►Exposed Wiring Nonconforming Wiring in Panel Drops Too Low Other: SYSTEM: (302.4,303) Burned Wiring Plugs Switches Burned Fixtures Less Than 1 Duplex Recept. /20 linear ft - BEDRM LVGRM DNGRM Den Kitchen No Small Appliance Circuits Over Kitchen counter space with GFCI Only One Small Appliance Circuit Over kitchen counter space with No GFCI Kitchen Appliance Circuits - No GFCI ►Plugs Milling Loose Broken ►Switches Missin Loose Broken ►Fixtures rtamilla Loose Broken Missing Switch Covers Plug Covers Extension Cords in Place of Permanent wiring Bathroom Circuit no GFCI Conduit Broken Loose Missing No Separate Circuit for No Disconnect for Air Conditioner Exterior Lights Missing - Front Back Side Porch Lights Broken Missing Loose Other: MECHANICAL: (302.1,302.2) >Vented Wall Heater Damaged Missing Floor Furnace Damaged Missing Nonconforming Gas Line to Space Heater Wall Heater With No Vent in Bathroom ►Thermostat Damaged Missing Gas -Fired Heating Appliance within 2' of Tub /Shower /Water Closet Condensing Unit Damaged Missing No Vent Fan or Window in Bathroom Vent Fan Missing Not Operative Heat With No Vent in Commercial Bldg Fire Damage Other Property Address: 1502 TARLTON INSIDE WALLS AND CEILINGS: (304.16,307.6) Charred Wood ►Paint Deteriorated ►Cracks *Holes Torn Wallpaper Damaged Paneling Holes ►Sheetrock Broken Missing ►Sheetrock Mildewed Buckled ►Ceiling Damaged Missing Water Damaged Smoke Damaged ►Impervious Material Around Tub Enclosure Damaged Missing ►Walls Around Tub Not Water Resistant Other: INTERIOR FLOORS: (304.16,307.6) Charred Wood Rotten Wood Missing Boards ►Holes Cracks Not level Buckled Torn ►Damaged or Other: LEADING SOME MISSING TO GROUND ACCESSORY STRUCTURE (304.14,15,17) TYPE: Roof: Type: Rotten Loose Torn Holes Missing Other —304— Walls: Type: Rotten Leaning Buckled Missing Other Foundation: Type: Sunken Cracked Rotten sills Other UNSANITARY CONDITIONS: (306,307.6) Plumbing Fixtures Unsanitary Insect, Roach, Rodent Infestation Lacks Adequate Garbage Containers Other: Traps, lets, Water Neater Sens Total TOTAL AOSSt STAUCUU.AE Red Fratnin, bet Cove Woll hoe x _' I eta :. -.}I L � . • Y= om y lrI �j • t-+ , I fA N)'.k .,yar ) ti u =1 A = a, I m Je I -1 tramslagammall aiMatiO \, O talsomua i r N 3J � N PPP W W f �• r4 en a\ t -306- .A �f A (� (4 .0:1J0,i. K� Ff� 'rf'_*lh � � m f a RS 51 rairatij, t lu aw {" w} :fal Ytk N piTIM Lr 11iti_`5:!itll.adXliggiZl ifllilt^'A`f ra(niVi .,.:1 rl't a RON VOSS ° 15706 CUTTYSARK o° q CORPUS CHRISTI TX 78418 ,ACCT 0 1772- 0000 -0020 RP c it m F c„ w e F cr -- o : F�E�TRICTED "DEL!VERY—T M1 c FOCs:i RHO 16 1 •.�I�;z.rl � I Ih1 ilhwi A1, i � _ ..: P.Y�l LY..1 i 1L'Llia-1 el .I ...� � r = -•:: fa capp 50410 S SC'C"Trl©f El Complete Hems 1, 2, and 3. As so complete Item 4 If R 0 Print your name and address on the reverse so that we can return the card to you. 0 Attach this card to the back of the mallpiece, or on the front H apace permits. RON VOSS 15706 CUTTYSARK CORPUS CHRISTI TX 78418 ACCT 0 1772- 0000 -0020 RP 0 Agent 0 Addressee C. Date of Delivery n rs delivery address different from Item 1? 0 Yes YES. ester delivery address below a No RESTRICTED DELIVERY 2. Article Number (mansfer from service label) PS Form 3811, February 2004 Type Certifad Mall 0 Registered 0 Insured Mal 0 Express Mail 0 Return Receipt for Merchandise 0 C.O.D. 7006 0810 OC 060125� 2336 Domestic Reaan Receipt -307- City of Corpus Christi Notification of Ordinance Violation Department of Neighborhood Services Code Enforcement Division November 20, 2008 CERTIFIED # 7006 0810 0006 0125 2299 1772 - 0000 -0020 RE: 1502 TARLTON ST RON VOSS, SR. COPPS LT 2 15706 CUTTYSARK CORPUS CHRISTI TX 78418 On November 20, 2008, an investigation found violations of the Code of Ordinances of the City of Corpus Christi, on the above property. Please correct these violation(s) within seven (7) days of receipt of this notice. A copy of the applicable ordinance section(s) is attached for your review and is incorporated in this notice by reference CLEAN -UP MUST BE COMPLETED WITHIN SEVEN (7) DAYS OF THE DATE OF THIS NOTICE. This is the 2111! notice that you will receive. Failure to correct the violation(s) will result in the City performing the work without further notice and at your expense. In addition, the City will file a lien for the cost of administrative and corrective expenses to remedy the violations. Additionally, criminal charges may be filed in Municipal Court against the owner and occupant for violation(s) of the City Code of Ordinances. Under Sec. 1 -6 of the Code of Ordinances, you may be subject to a maximum penalty of either $500 or $2,000, depending on the type of violation, and each day a violation continues constitutes a separate and distinct offense. IMPORTANT NOTICE: In accordance with section 23 -72(d) of the Code, this Notice of Violation also serves as the one and only notice required by the Code for any future violation(s) of the same kind or nature. If you commit another violation(s), as attached, that poses a danger to the public health and safety before the first anniversary of the date of this notice, the City, without further notice and at your expense, will take the appropriate action to correct the violation(s), and file a lien against your property for the cost of the corrective action taken. If ownership of this property changes in any way within the next twelve (12) months, you must notify the City in writing of such change to prevent further charges and fines for violation(s), and file a lien against your property for the cost of the corrective action taken. IT IS IMPORTANT THAT YOU TAKE THE REQUIRED ACTIONS STATED IN THIS NOTICE. If you have any questions, you may call between 8:00 and 9:00 a.m. or 4:00 and 5:00 p.m., weekdays at (361) 880 -3030. Sincerely, MIKE MARTINEZ Code Enforcement Official 08- 00012206 RP Exhibit 8 -308- VIOLATION DETAIL CASE NUMBER 08- 00012206 PROPERTY ADDRESS 1502 TARLTON ST VIOLATION: LITTER AND SOLID WASTE QUANTITY: 1 DESCRIPTION: SEC 23 -69 DATE: 11/20/08 LOCATION: NARRATIVE : Litter and solid waste exist on the property. Failure to correct this violation will result in further action being taken. Any questions contact Martinez M. at 815 -0349. ORDINANCE DESCRIPTION : NO PERSON WHO OWNS OR OCCUPIES ANY LOT OR PARCEL OF LAND IN THE CITY MAY PERMIT OR ALLOW LITTER, SOLID WASTE, INOPERATIVE OR ABANDONED HOUSEHOLD APPLIANCES, FURNITURE, OR ANY OTHER UNSIGHTLY, OBJECTIONABLE, OR UNSANITARY MATTER TO ACCUMULATE ON THE LOT OR PARCEL OF LAND, UNLESS PLACED FOR COLLECTION BY SOLID WASTE SERVICES OR A PRIVATE SOLID WASTE COLLECTION SERVICE AT A LOCATION DESIGNATED BY THE DIRECTOR OF SOLID WASTE SERVICES AND IN ACCORDANCE WITH CHAPTER 21 OF THIS CODE. CONVICTION AND FOR EACH CONVICTION THEREAFTER. SEC 23 -72. WORK OR IMPROVEMENTS BY MUNICIPALITY. (a)IF THE OWNER OF PROPERTY IN THE MUNICIPALITY DOES NOT COMPLY WITH A MUNICIPAL ORDINANCE OR REQUIREMENT RELATING TO STAGNANT WATER, FILTH, CARRION, WEEDS, RUBBISH, BRUSH, AND OTHER OBJECTIONABLE, UNSIGHTLY, UNWHOLESOME, OR UNSANITARY MATTER, OR CONDITIONS UNDER THIS CHAPTER WITHIN SEVEN (7) DAYS OF NOTICE OF A VIOLATION, THE DIRECTOR OF PUBLIC HEALTH, THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT, OR DIRECTOR OF SOLID WASTE SERVICES, OR THEIR DESIGNEES, MAY: (1) DO THE WORK OR MAKE THE IMPROVEMENTS REQUIRED; AND (2) PAY FOR THE WORK DONE OR IMPROVEMENTS MADE AND CHARGE THE OWNER OF THE PROPERTY. -309- PAGE 1 6622 52TO 9000 Ot90 900t -310- III AIN CM' 101 64 I 4. 0 ; ® ; 2 §) \ & g Q ; = LI- A \ � t \ ) ft KO e2 \N!2\ w 1 o � \ q u qE — x? 0 «' 2 °0 /§2 \ • (i( f /;[7 0 §j( ~ ¥ §// GO "37 \, X §/ �� §B @G ©. ; 0 CD �_u< Or Gf § \ 1•""" A a- -311- 0 k \ .... § ��2§ o%; ZI-W. .4 oo el OG • -312- City of Corpus Chnsti November 20, 2008 Notification of Ordinance Violation Department of Neighborhood Services Code Enforcement Division CERTIFIED # 7006 0810 0006 0125 2282 las 1772 - 0000 -0020 RE: 1502 TARLTON ST SOUTHWEST PHOENIX GROUP I COPPS LT 2 15706 CUTTYSARK CORPUS CHRISTI TX 78418 On November 20, 2008, an investigation found violations of the Code of Ordinances of the City of Corpus Christi, on the above property. Please correct these violation(s) within seven (7) days of receipt of this notice. A copy of the applicable ordinance section(s) is attached for your review and is incorporated in this notice by reference. CLEAN -UP MUST BE COMPLETED WITHIN SEVEN (7) DAYS OF THE DATE OF THIS NOTICE. This is the only notice that you will receive. Failure to correct the violation(s) will result in the City performing the work without further notice and at your expense. In addition, the City will file a lien for the cost of administrative and corrective expenses to remedy the violations. Additionally, criminal charges may be filed in Municipal Court against the owner and occupant for violation(s) of the City Code of Ordinances. Under Sec. 1-6 of the Code of Ordinances, you may be subject to a maximum penalty of either $500 or $2,000, depending on the type of violation, and each day a violation continues constitutes a separate and distinct offense IMPORTANT NOTICE: In accordance with section 23 -72(d) of the Code, this Notice of Violation also serves as the one and only notice required by the Code for any future violation(s) of the same kind or nature. If you commit another violation(s), as attached, that poses a danger to the public health and safety before the first anniversary of the date of this notice, the City, without further notice and at your expense, will take the appropriate action to correct the violation(s), and file a Tien against your property for the cost of the corrective action taken. If ownership of this property changes in any way within the next twelve (12) months, you must notify the City in writing of such change to prevent further charges and fines for violation(s), and file a lien against your property for the cost of the corrective action taken. IT IS IMPORTANT THAT YOU TAKE THE REQUIRED ACTIONS STATED IN THIS NOTICE. If you have any questions, you may call between 8:00 and 9:00 a.m. or 4:00 and 5:00 p.m., weekdays at (361) 880 -3030. Sincerely, MIKE MARTINEZ Code Enforcement Official 08- 00012206 OW -313- VIOLATION DETAIL CASE NUMBER 08- 00012206 PROPERTY ADDRESS 1502 TARLTON ST VIOLATION: LITTER AND SOLID WASTE QUANTITY: 1 DESCRIPTION: SEC 23 -69 DATE: 11/20/08 LOCATION: NARRATIVE : Litter and solid waste exist on the property. Failure to correct this violation will result in further action being taken. Any questions contact Martinez M. at 815 -0349. ORDINANCE DESCRIPTION : NO PERSON WHO OWNS OR OCCUPIES ANY LOT OR PARCEL OF LAND IN THE CITY MAY PERMIT OR ALLOW LITTER, SOLID WASTE, INOPERATIVE OR ABANDONED HOUSEHOLD APPLIANCES, FURNITURE, OR ANY OTHER UNSIGHTLY, OBJECTIONABLE, OR UNSANITARY MATTER TO ACCUMULATE ON THE LOT OR PARCEL OF LAND, UNLESS PLACED FOR COLLECTION BY SOLID WASTE SERVICES OR A PRIVATE SOLID WASTE COLLECTION SERVICE AT A LOCATION DESIGNATED BY THE DIRECTOR OF SOLID WASTE SERVICES AND IN ACCORDANCE WITH CHAPTER 21 OF THIS CODE. CONVICTION AND FOR EACH CONVICTION THEREAFTER. SEC 23 -72. WORK OR IMPROVEMENTS BY MUNICIPALITY. (a)IF THE OWNER OF PROPERTY IN THE MUNICIPALITY DOES NOT COMPLY WITH A MUNICIPAL ORDINANCE OR REQUIREMENT RELATING TO STAGNANT WATER, FILTH, CARRION, WEEDS, RUBBISH, BRUSH, AND OTHER OBJECTIONABLE, UNSIGHTLY, UNWHOLESOME, OR UNSANITARY MATTER, OR CONDITIONS UNDER THIS CHAPTER WITHIN SEVEN (7) DAYS OF NOTICE OF A VIOLATION, THE DIRECTOR OF PUBLIC HEALTH, THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT, OR DIRECTOR OF SOLID WASTE SERVICES, OR THEIR DESIGNEES, MAY: (1) DO THE WORK OR MAKE THE IMPROVEMENTS REQUIRED; AND (2) PAY FOR THE WORK DONE OR IMPROVEMENTS MADE AND CHARGE THE OWNER OF THE PROPERTY. -314- PAGE 1 7006 0810 0006 0125 2282 Ps 0 Pi- I-I TI b r. c0 2 •fr 0 COO c4 t•-• CV 0 0 ati :31 08,1 libLe AU rl CD It Fit 0 7. x X I 1400 0 - t-i E-40 -:: = N-C 0 -I co pc fA 0 0 1 0 0 < El 0 111 h h = Ca rh I _ 0.4 ri t-irz 1...14 Z id ta 1- -...• 2 t.-.5 ze-I- ell ;:i ---- b\tria, = ko i■ talliSZ el E-- 0 - 14 e 0 - = N X) 0 ".., 1 •;. C1C0 inri 8 4° ' Id IN- 0 — -315- 00 315— 03,1101S2111 tramosmit -316- C+i 1.L/ 4/C2 up ii 0 0 azis 0 1 y 2 d3 t) 0 zF�' o W40 1012PL 41 Cl - co w .-1 • 010 o w u 1_ o coo CC n 0 0 U O MI-_1 J ti N DOA P- O X X 1 • 1-EB h Z ai-I o 1 Fa 0 O 0EC G 10 x W I W D+ I-1 N CO C0 o iEHX IA x P- A7 %) 11 C.) 1-H H U X Na (0 �oiE Z n00 IfOO �U� {M Pa, 4-a w pm) Lip q Gam'. 2 > t_ AD tW..w ;:,=1 nCi ri bat cri CD II,,,11::1::I::I:11111111 II i:: ::1:11:::1Ir::lI:e:II:::II:e:11 FA CO P4 w4 OD CO co o 04 n N 0 o X X 0f 'M. Edo 04N0 0 OHO O O W9+rN - FECgn 00 U V = 4 M O RS co 0 E40 04 E4 On 0 i 0 0 aaNU4 IO 2922 5220 9000 0790 900t ti -317- H OD 04 44 O c0 C4 n N 0 O CO PC EO MEMO 0040 04 OO I E4Exn OOCo raft E co i 0 OntxU Oco 0 w4-1U< Y v s City of Corpus Christi November 20, 2008 Notification of Ordinance Violation Department of Neighborhood Services Code Enforcement Division CERTIFIED # 7006 0810 0006 0125 2305 bled 1772 - 0000 -0020 RE: 1502 TARLTON ST RON VOSS, SR. COPPS LT 2 3756 BRATTON CORPUS CHRISTI TX 78413 On November 20, 2008, an investigation found violations of the Code of Ordinances of the City of Corpus Christi, on the above property. Please correct these violation(s) within seven (7) days of receipt of this notice. A copy of the applicable ordinance section(s) is attached for your review and is incorporated in this notice by reference. CLEAN -UP MUST BE COMPLETED WITHIN SEVEN (7) DAYS OF THE DATE OF THIS NOTICE. This is the only notice that you will receive. Failure to correct the violation(s) will result in the City performing the work without' further notice and at your expense. In addition, the City will file a lien for the cost of administrative and corrective expenses to remedy the violations. Additionally, criminal charges may be filed in Municipal Court against the owner and occupant for violation(s) of the City Code of Ordinances. Under Sec. 1-6 of the Code of Ordinances, you may be subject to a maximum penalty of either $500 or $2,000, depending on the type of violation, and each day a violation continues constitutes a separate and distinct offense. IMPORTANT NOTICE: In accordance with section 23 -72(d) of the Code, this Notice of Violation also serves as the one and only notice required by the Code for any future violation(s) of the same kind or nature. If you commit another violation(s), as attached, that poses a danger to the public health and safety before the first anniversary of the date of this notice, the City, without further notice and at your expense. will take the appropriate action to correct the violation(s), and file a lien against your property for the cost of the corrective action taken. If ownership of this property changes in any way within the next twelve (12) months, you must notify the City in writing of such change to prevent further charges and fines for violation(s), and file a lien against your property for the cost of the corrective action taken. IT IS IMPORTANT THAT YOU TAKE THE REQUIRED ACTIONS STATED IN THIS NOTICE. If you have any questions, you may call between 8:00 and 9:00 a.m. or 4:00 and 5:00 p.m., weekdays at (361) 880 -3030. Sincerely, MIKE MARTINEZ Code Enforcement Official 08- 00012206 OT —318— VIOLATION DETAIL CASE NUMBER 08- 00012206 PROPERTY ADDRESS 1502 TARLTON ST VIOLATION: LITTER AND SOLID WASTE QUANTITY: 1 DESCRIPTION: SEC 23 -69 DATE: 11/20/08 LOCATION: NARRATIVE : Litter and solid waste exist on the property. Failure to correct this violation will result in further action being taken. Any questions contact Martinez M. at 815 -0349. ORDINANCE DESCRIPTION : NO PERSON WHO OWNS OR OCCUPIES ANY LOT OR PARCEL OF LAND IN THE CITY MAY PERMIT OR ALLOW LITTER, SOLID WASTE, INOPERATIVE OR ABANDONED HOUSEHOLD APPLIANCES, FURNITURE, OR ANY OTHER UNSIGHTLY, OBJECTIONABLE, OR UNSANITARY MATTER TO ACCUMULATE ON THE LOT OR PARCEL OF LAND, UNLESS PLACED FOR COLLECTION BY SOLID WASTE SERVICES OR A PRIVATE SOLID WASTE COLLECTION SERVICE AT A LOCATION DESIGNATED BY THE DIRECTOR OF SOLID WASTE SERVICES AND IN ACCORDANCE WITH CHAPTER 21 OF THIS CODE. CONVICTION AND FOR EACH CONVICTION THEREAFTER. SEC 23 -72. WORK OR IMPROVEMENTS BY MUNICIPALITY. (a)IF THE OWNER OF PROPERTY IN THE MUNICIPALITY DOES NOT COMPLY WITH A MUNICIPAL ORDINANCE OR REQUIREMENT RELATING TO STAGNANT WATER, FILTH, CARRION, WEEDS, RUBBISH, BRUSH, AND OTHER OBJECTIONABLE, UNSIGHTLY, UNWHOLESOME, OR UNSANITARY MATTER, OR CONDITIONS UNDER THIS CHAPTER WITHIN SEVEN (7) DAYS OF NOTICE OF A VIOLATION, THE DIRECTOR OF PUBLIC HEALTH, THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT, OR DIRECTOR OF SOLID WASTE SERVICES, OR THEIR DESIGNEES, MAY: (1) DO THE WORK OR MAKE THE IMPROVEMENTS REQUIRED; AND (2) PAY FOR THE WORK DONE OR IMPROVEMENTS MADE AND CHARGE THE OWNER OF THE PROPERTY. VIOLATION: TALL WEEDS AND BRUSH QUANTITY: 1 DESCRIPTION: SEC 23 -70 DATE: 11/20/08 LOCATION: NARRATIVE : Highweeds and brush exist on the property. ORDINANCE DESCRIPTION : NO PERSON WHO OWNS OR OCCUPIES ANY LOT OR PARCEL OF LAND IN THE CITY MAY PERMIT OR ALLOW WEEDS OR BRUSH 12" OR HIGHER TO GROW ON THE LOT OR PARCEL OF LAND. SEC 23 -72. WORK OR IMPROVEMENTS BY MUNICIPALITY. (a)IF THE OWNER OF PROPERTY IN THE MUNICIPALITY DOES NOT COMPLY WITH A MUNICIPAL ORDINANCE OR REQUIREMENT RELATING TO STAGNANT WATER, FILTH, CARRION, WEEDS, RUBBISH, BRUSH, AND OTHER OBJECTIONABLE, UNSIGHTLY, UNWHOLESOME, OR UNSANITARY MATTER, OR CONDITIONS UNDER THIS CHAPTER WITHIN SEVEN (7) DAYS OF NOTICE OF A VIOLATION, THE DIRECTOR OF PUBLIC HEALTH, THE DIRECTOR OF HOUSING AND COMMUNITY -319- PAGE 1 VIOLATION DETAIL CASE NUMBER 08- 00012206 PROPERTY ADDRESS 1502 TARLTON ST ORDINANCE DESCRIPTION : DEVELOPMENT, OR DIRECTOR OF SOLID WASTE SERVICES, OR THEIR DESIGNEES, MAY: (1) DO THE WORK OR MAKE THE IMPROVEMENTS REQUIRED; AND (2) PAY FOR THE WORK DONE OR IMPROVEMENTS MADE AND CHARGE THE OWNER OF THE PROPERTY. -320- PAGE 2 0 srl 00 NN 0 -- 0 )CI E-' 0 0 1-10 • EC WMcol Ey 04 — • E-1 N C/2 CC a 0 XI qqa E-1 0 e•-• 0 C..) -ra c4 u 7.4 I- A JitiU 50E2 52TO 900D OT90 900L -321- c-1 CO 0 r- 0 0 X El 0 0 1-10 • E-10 Z I W l•-1 N t•• • El M e- ta Ocprilft 7 ks7) M t.) 0 N 0 C.) 04 en C.) 7006 0810 0006 0 0 City of Corpus Christi November 21, 2008 Notification of Ordinance Violation Department of Neighborhood Services Code Enforcement Division CERTIFIED # 7006 0810 0006 0125 2312 1772 - 0000 -0020 RE: 1502 TARLTON ST SOUTHWEST PHOENIX GROUP 1 COPPS LT 2 15706 CUTTYSARK CORPUS CHRISTI TX 78418 On November 21, 2008, a survey of the above property was conducted. Certain conditions were found to exist which violate the Building and Housing Standards Code and ordinances of the City of Corpus Christi. A copy of the survey stating the nature of the violation(s) is attached for your review and incorporated by reference in this notice. Please correct the violation(s) within thirty (30) days of receipt of this notice. A permit must be obtained before any work is begun. Failure to respond to this notice or voluntarily eliminate these defects, by either repairs, reconstruction, alteration, removal, or demolition within the allowed time, will result in further action. If necessary, the City may contract for demolition of the property. Expenses and administrative fees incurred by the City will be assessed on the real estate upon which such expenses were incurred. The City may also file charges in Municipal Court for these violations. If found guilty, you can be assessed a fine of up to $500.00 under Section 13 -29 of the Code of Ordinances. Each day a violation continues constitutes a separate and distinct offense. If you have any questions, you may call between 8:00 and 9:00 a.m. or 4:00 and 5:00 p.m., weekdays at (361) 880 -3030. Sincerely, MIKE MARTINEZ Code Enforcement Official 08- 00012213 NIDBDO1 OW Exhibit 9 NOTICE: The City's Solid Waste Department will not pick up rubbish at vacant lots or vacant houses unless the collection fee is being paid for that address. —322— VIOLATION DETAIL CASE NUMBER 08- 00012213 PROPERTY ADDRESS 1502 TARLTON ST VIOLATION: FAIL TO MEET MINIMUM STDS QUANTITY: 1 DESCRIPTION: SEC 13 -25 DATE: 11/20/08 LOCATION: NARRATIVE : Building case was initiated due to building failing to meet minimum standards.AnY questions contact Mike Martinez at 815 -0349. PAGE ORDINANCE DESCRIPTION : ALL BUILDINGS OR STRUCTURES WHICH HAVE ANY OR ALL OF THE FOLLOWING DEFECTS OR LACK OF FACILITIES SHALL BE DEEMED SUBSTANDARD BUILDINGS: 1. ALL BUILDINGS OR STRUCTURES NOT IN CONFORMITY WITH THIS CODE. 2. THE SAME ARE PERMITTED T BYHLAW HAVE PIT PRIVIES WHERE ERE CINADEQUATEEANDT E UNSANITARYPITE B PRIVIES WHERE OR SEPTIC TANKS EXIST. 3. ALL BUILDINGS OR STRUCTURES THAT HAVE OF REPAIR OR NATOURALDETERIORATED BY DAMAGE THROUGH EXPOSURE TO THE ELEMENTS, ESPECIALLY WINDS, HAIL OR RAIN, OR DAMAGE THROUGH FIRE TO THE EXTENT THAT THE ROOF, WINDOWS AND DOORS OR PORTIONS OF THE BUILDING OR STRUCTURE WHICH PROTECT FROM THE WEATHER WILL NO LONGER PROTECT THE WEATHER. 4. ALL BUILDINGS OR STRUCTURES WHICH CONSTITUTE OR IN WHICH ARE MAINTAINED FIRE HAZARDS AS THAT TERM IS DEFINED THROUGH THE FIRE PRVENTION CODE OF THE CITY. 5. ALL BUILDINGS OR STRUCTURES WHICH ARE SO STRUCTURALLY DETERIORATED THAT THEY ARE IN DANGER OF COLLAPSE OR WHICH CANNOT BE EXPECTED TO WITHSTAND WINDS OF HURRICANE FORCE. 6. ALL HEALTH ALTH OR SAFETY, INCLUDING ALL CONDITIONS CONDUCIVE TO THE HARBORING OF RATS OR MICE OR OTHER DISEASE - CARRYING ANIMALS OR INSECTS REASONABLY CALCULATED TO SPREAD G SEIANASDE ATENBRACING DS SAFETY MATERIALS. 7. ALL BUILDINGS OR STRUCTURES, WHETHER OR NOT IN USE, WHICH ARE UNSAFE, UNSANITARY, UNFIT FOR HUMAN HABITATION, OR NOT PROVIDED WITH ADEQUATE EGRESS, OR WHICH CONSTITUTE A FIRE HAZARD, OR ARE OTHERWISE DANGEROUS TO HUMAN LIFE, OR WHICH IN A INADEQUATE MAINTENANCE, DILAPIDATION, OBSOLESENCE OR ABANDONMENT ARE UNSAFE BUILDINGS. ALL UNSAFE BUILDINGS ARE HEREBY DECLARED ILLEGAL AND SHALL BE ABATED BY REPAIR AND REHABILITATION OR BY DEMOLITION IN ACCORDANCE SET FORTH IN THIS CODE. -323- 1 -324- 2 i .� r) t .( 4 ti t Q run en I r-r .779, ar,I,� ..., ))( T.. I V]AZ o►3T'O N o ~2 2 o H iy 1 r 1 X >C +Ilin± o r k,, 1. o co o v.:v.f`.: 41e 4:. C r. on I CO :i H O 11 SOMMIMM Gigana T c� o o seis EMEMMIm ru ru w r ru flE ; � n \ §■ \q \ i 7| • 1 2T », \§ ,-..1..4 % \ ^ \ smm # r- ail A -325- N 4._a� luiani. jil�._t3'e iii 3t3,� t , ...a , , I N _tact' 1 I. 0 o SOUTHWEST PHOENIX GROUP I 0 15706 CUTTYSARK 0 CORPUS CHRISTI TX 78418 OFD a ,ACCT ;# 1772- 0000 -0020 co 0 ,_ a O 1 0 p.... i t`' r rdc %�N Ftl ^6 FJ F, r o '� E �' ... - 3 -r, FIN 1 +L,G'Prl 11a .-! ^I2 , n._.aa ii ), &Y r rto -04 un nra,iti o Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. ❑ Print your name and address on the reverse so that we can return the card to you. O Attach this card to the back of the mailpiece, or on the front if apace permits. SOUTHWEST PHOENIX GROUP I 15706 CUTTYSARK CORPUS CHRISTI TX 78418 ACCT h 1772 -0000 -0020 OW CpDate of Delivery D. Is delivery address differed tom (ten 14 0 Yes YES, enter delivery address below: 0 No Ceftiisd Mali O Express Mad ❑ Registered 0 Retum Receipt for Merchandise 0 Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fea) O Yes 2. Article Number Monster from service 1864 PS Form 3811. February 2004 Domestic Return Receipt 7006 0810 0006 0125 2312 �•••• 102595.0244 -1540 -326- da ir of COQ us Christi PO Box 9277 Corpus Christi Taw 78469-9277 Photo 361-880-3360 Fax 361-880-3239 Mai Cora Pmsedda4 Office 120 N. Chaprrai Cocos Christi lbw 78401 Phone 361-886-2530 Fax 361-886-2567 ✓awedre Corn Prasecvgoes Wks 226 Bmerpris Pkwy Soho 103 Corpus Mimi Ulm 78405 Phone 361.826.4014 Fax 361-826-4309 Police Legal Adviwr 321 John Sartain Corps Christi Taus 78401 Phone 361 -1 -2608 Pax 361- 886r2634 December 26, 2008 Mr. Kenneth M. Cuibreth, Jr. Jordan, Hyden, Womble, Culbreth & Holzer, P.C. 500 North Shoreline, Suite 900 Corpus Christi, Texas 78471 Via First Class mail Via fax (361) 888 -9149 Via small: kculbreth@ jhwdaw.com Re: 1502 Tarlton Street - request decision/commencement Dear Ken: This letter is being sent in response to your communication, received by phone message on Tuesday, December 9, 2008; regarding the status of your client's progress toward a resolution regarding the above- referenced struc- ture. As all parties are aware, the subject structure was previously found, and still remains, in a substandard condition, necessitating further remedial action by your client Following receipt of your communication, the status update you provided was relayed to staff. However, since the date of your message, no further status updates have been provided by you nor does it appear that your client has taken any deliberate measures toward commenting any struc- tural or interior abatement work on the property. To recap your message, your client had obtained two bids: one bid, for ap- proxlmately $46,000, which included full demolition of the west wing, removal of demolition debris, and clearance of the accumulations of solid waste and Otter from the interior of the structure, and a second bid, for approximately $20,000, which included demolition of the portion of the structure with the caved -in roof, demolition of several interior walls, re-roofing of a selected por- tion of the structure, removal of demolition debris, and clearance of all solid waste and litter from the interior of the structure. As part of the phone mes- sage, you also indicated th Installed cress drives, installed "notres ing" signageand wass going to obtain a� Yew more" bids before making a decision and commencing remediation work. As of the date of this letter, however, no additional progress— beyond ob- taining the two bids - appears to have been made by your client to abate the substandard condition of the structure. With the exception of keeping the grass and weeds on the property within acceptable limits, no other work appears to have been completed at the premises. If, however, you have additional information regarding your client's progress on the required struc- tural and interior abatement work, please provide such information at your earliest convenience. ExhiSt7 1-0 K. Culbreth - Tarlton property December 26, 2008 Page2of2 Please be advised that a decision, regarding your client's selection on a course of action for abatement of the substandard structural and interior con- ditions must be communicated to the City no later than January 15,2009. A firm commencement date must also be included in the communication. Additionally, please Instruct your client to review Ns abatement plans and obtain any and all necessary pemilts from the City's Development Services Department, located at 2406 Leopard Street, prior to commencing any abatement work on the property. Please know that continued property maintenance by your client to keep the property free of high grass and weeds as well as from litter and solid waste, is sincerely appreciated. Should you have any questions or concerns, please contact.me. I look forward to receiving your timely response. R. Hundley Assistant City Attorney cc: 'Angel R. Escobar, City Manager Margie Rose, Assistant City Manager Andy Cardiel, Fire Marshal Yvonne Haag, Director, Neighborhood Services Department Robert Quiroz, Zoning and Code Enforcement Administrator, NSD -328- JORDAN, HYDEN, WOMBLE, CULBRETH & HOLZER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 000 NORTH SHORELINE, SUIT! 900 CORPUS CHRISTI, TEXAS 71471 KENNETH M. CULBRETH, JR. January 15, 2009 Ms. Elizabeth Handley Assistant City Attorney City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Re: 1502 Tarlton, Corpus Christi, Texas (Vacant Building) TELEPHONE (311) 08441178 TELECOPIER (901) 000.8141 Elnall: keulbretbeihwalaw.eem Via Telecopier No. (361) 826 -3239 and Via Email Dear Elizabeth: I am in receipt of your letter dated December 26, 2008 requesting a decision by January 15, 2009 from Mr. Voss regarding (i) a course of action for abatement of the west wing of the vacant building and (ii) a commencement date for abatement. As requested by the (Sty and communicated to you on December 9, 2008, Mr. Voss has obtained two Proposals regarding demolition of the west wing of the vacant building — one for $45,000 — demolition and removal of entire west wing (attached as Exhibit "1") and one for $20,000 — demolition and removal of west wing, excluding slab and exterior walls (attached as Exhibit "2 "). However, Mr. Von is not in a position to select or commence either of the above Proposals. Mr. Voss has (1) secured the building from unauthorized entrance by properly boarding up all exterior openings, interior courtyard openings, openings on the roof where the air conditioning ventilation was exposed, and has removed all trees and elements which would allow unauthorized persons to climb to the roof (even though this roof repair requirement is not warranted by the Municipal Code as one should not have to enclose a roof which is beyond the reach of normal entry); (2) posted the required signage for trespassing (Compliance with Duty to Secure Vacant Building (Section 13- 3008) (3) installed a chain link fence at the back of the building "to prevent any further illegal dumping" and unauthorized vehicles (Compliance with Installing Fence (Section 13- 3011); and (4) continued to keep the property maintained, free of high grass, weeds, litter and solid waste (Compliance with Sections 23-69 and 23 -70). Additionally, Mr. Voss has been actively attempting to donate the property to the neighboring church (Primers Igiesia Bautista) and has been in contact and discussions with Mr. A. C. Rodriguez, on behalf of the church. Further, the realtor (Matt Cravey) has an appointment to show the property to an investor from San Antonio next week. Finally, Mr. Voss has recently made contact with the Estate of Jim Snyder (the co-owner of the property) notifying the Estate of the City's requests and is waiting on a response from the Estate as to its willingness to participate. Exl i? 11 Ms. Elizabeth Hundley Assistant Qty Attorney City of Corpus Christi January 15, 2009 Page 2 of 2 I hope the foregoing will suffice as a timely and sufficient status update regarding the property. Please contact me with any questions. Sincerely, Kenneth M. Culbreth, Jr. KMC/js Attachments c: aient -330- Deo OS 2008 11:27RM VOSS ENGINEERING 3618534688 P.5 FROM :AAA FAX NO. :3617988498 Dee. 84 3108 87.4287 P2 Joey Wright Demolition P'RQPOSAL If in gotta go, tali Jose! PO Sox 2200 Fulton. Tx., TIDOIS Phone (381 OwlbOnre Moss Engrossing Inc. MS IRS= Rd. Corpus Chestl, Tx. 70413 DESORIPTION Oats: 12/42008 Proposal Fon 1802 Tinton - DBMOUSUAHD REMOVE DEBRIS PROM WEST WING OF HOSPITAL 1NC.UDINO SLAB AND =MINOR WAILS (APFROX 7SES SQ. PP.). DOES NOT INCLUDE ASBESTOSABATEMENr OWNER RESPONSIBLE FOR DISPOSAL OP ANY NAZASDOtB MATEWAL PRIOR TO DEMOLITION ASBESTOS SURVEY REQUIRED ON ALL COMMERCIAL FROMM OWNER RESPONSIBLE FOR SECURING FACILITY AFTER DEMOLITION JOEY mina DBMOLRION ASSUMES COMPLETE AVITWRITY °vi Amin MERINO 0BM04ft10N AMOUNT s43 0C MOS UPON COMPLETION AC:carANCt VOS INGINIBERma atC DATE JOEY Wmclit DISSOLICIDN DATE -331- Dee 08 2009 11:27RM VOSS ENGINEERING 3615534656 P.6 FROM :FAA FAX N1 :34179193495 Dec. 94 2090 137:43PN P3 Joey Wright Demolition rj it'a gotta go. call Joe! PO Box MO ROM Phone (s+Y OINBOBISE a>4. X793 lMwon Rd. Corps GhSt Tx. 78413 74 DIEBO N•T1DN � r�'i RO ?OSAL P r▪ op 1s os& Nr 9B Pa: 1502 TOM - NoSP AND 31940311 DEMO EXT wALLS{APPRoxMOSQ.III• NORTH WALL WILL 93 S IOYIDPORACCESS DOESNOTDICI.VDE ASSESTOS ADAMANT fl nommetaus POR DISPOSAL OP ANY HAZARDOUS 1MATSR$A1.PRIDRTODIDAD IT1ON AMMO* SIAM RBQU EDONALLOOMSanAL PROMO 0Wl5TR RESPOWS1BLE POR =num TACIUTY AFTER DIONAMON xxsYNONNID81AOUTION ASSUME CONOLETEAUtICRiTV OV>At1QBSTlE MARINO DEMOLITION TWA DPr1N commanom ACCEPTANCE' YINSENBIIIMINIG RPS', DAIS JOLT WRIORTD N DATE -332- AMOUNT T00A00 tar- tea. r City of Co •US Christi IE asisiIIINB SERVICES D PAEY M BET PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361- 826 -3010 Fax 361- 826 -3011 www.cctexas.com Code Enforcement Phone 361- 826 -3030 Housing Programs Phone 361-826-3010 Model Block Program Phone 361.826 -1760 January 19, 2009 CERTIFIED LETTER # 7004 - 1350- 0000 - 4810 -0780 RE: 1502 TARLTON ST ADD'N: COPPS LOT: 2 RON VOSS 15706 CUTTYSARK ST CORPUS CHRISTI TEXAS 78418 A recent inspection has shown that you have not corrected the violations of the Building and Housing Standards Code existing in the above referenced property as was requested of you in our letter of 11/21/2008. As required by State Law, a public hearing will be held upon this matter. The hearing will be before the Building Standards Board and is scheduled for 1:00 P.M., Thursday, January 29, 2009 in the Council Chambers, 1201 Leopard St. The Board can order you to repair or demolish the building(s) and authorize the City to have the building(s) demolished if you do not comply with the time allowed by the Board. The cost, if the City does the demolition, would be charged to you and if not paid would result in a lien being filed against this property. You may appear, and in fact are recommended to appear, before the Board at this hearing and show justification this remedy should not be granted. If you have any questions regarding this matter, please contact Teena Houston at (361) 826 -3030. Sincerely, Neighborhood Initiative Program ) NEIGHBORHOOD SERVICES Phone 361-826-3234 Teena Houston Building Standards Board Liaison Zoning & Code Enforcement Division BSB Hearing Notice to owner 08 -12213 Exalt 12 re;, if4 0 V-9t 7—' rg EC tau 04 Cs, 7-L-0 di rU2 w Nt: -334- 0 m to 0 0 rR 0 0 0 0 0 Lr1 m J 1I��4Y/)1�1i11, tI 1 1C#,y 11 71 Agaiii,110tli ll 11,ia_`- 1:Ynnt n e IP. .fS11 '��.y. F•oango 1 g CeeilLiieJ Pau a ? Il21 RetmnP:.,[;iV- :; 11 �1 1�j11 °1i pignrempni R•gvi'<Ayl. i. 1e.ri Pc :Alia: i Lie1ivary Pc?) (.nduromcni Rfnuic °U; R ®N VOSS o 1 15706 CUTTYSARX S'1' r CORPUS CHRISTI TEAS 78418 08 -12213 D Complete items 1, 2, and 3. Also Item 4 If Restricted Defivety le ❑ Print your name and address �o } so that we can the card ❑ A t t a c h this c a r d mothe beck of ftth m or on the front if space penngs. 1. Article Addressed to: ■ D. Is delivery address different from item 1? CI Yes 11 YES. enter delivery address below: ❑ No RON VOSS 15906 CUTTYSARX ST CORPUS CIIiHRISTI TEXAS 78418 08 -12213 2. Article Numb (Mender iron PS Form 3811, February 2004 '.1"E! {� i 7p04 1350 0000 4810 0780 Domestic Return Receipt ice Type u Certified Mail 13 Express Mari 0 negISeisd ❑ Rstum Receipt for Merchandise 0 Insured Mail 0 C.O.D. . �, Restricted Delivery? i&ira Fee) -335- 10259$-02 44-1540 s s City of Corpus Christi ISIONSONWIO SIMMCES DEPAISTIENT PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361- 826 -3010 Fax 361-826-3011 www.cctexas.com Code Enforcement Phone 361-826-3030 Housing Programs Phone 361-826-3010 Model Block Program Phone 361 -826 -1760 *shborhood Initiative Program (N.I.P.) Phone 361- 826 -3234 9n January 19, 2009 CERTIFIED LETTER # 7004 - 1350- 0000 - 4810.0506 RON VOSS 3756 BRATTON CORPUS CHRISTI TEXAS 78413 RE: 1502 TARLTON ST ADD'N: COPPS LOT: 2 BLOCK: A recent inspection has shown that you have not corrected the violations of the Building and Housing Standards Code existing in the above referenced property as was requested of you in our letter of 11/21/2008. As required by State Law, a public hearing will be held upon this matter. The hearing will be before the Building Standards Board and is scheduled for 1:00 P.M., Thursday. January 29, 2009 in the Council Chambers, 1201 Leopard St. The Board can order you to repair or demolish the building(s) and authorize the City to have the building(s) demolished if you do not comply with the time allowed by the Board. The cost, if the City does the demolition, would be charged to you and if not paid would result in a lien being filed against this property. You may appear, and in fact are recommended to appear, before the Board at this hearing and show justification this remedy should not be granted. If you have any questions regarding this matter, please contact Teena Houston at (361) 826-3030. Sincerely, NEIGHBORHOOD SERVICES Teena Houston Building Standards Board Liaison Zoning & Code Enforcement Division NB Hearing Notice to owner 08 -12213 —336— c € ) ■ p4 C5 e. sF4® e § §§ ( 0 aao !, #m S;§ r ' s2E. f Z tt ;8N 9050 0T9h 0000 DSE'E h00L Ear me City of Christi ua» LWARTME rr Pa Box 9277 Cam Christi limas 78469-9277 Phone 361-880-3360 Fax 361-880-3239 Municipal Court Prosecutor's Office 120 N. Ctrprsal Coma avid' Thum 78401 Phew 361- 886 -2530 Fax 361 - 886.2567 Juvenile Court Prosecutor's Office 226 Enteepdee P1cwy. Spite 103 Caps Claim Three 78465 Plume 361- 826 -4014 Fax 361- 826 -4309 Police Lege:Advisor 321 John Sartain Coma Mimi Thaw 78401 Phone 361 - 826.2608 Fax 361- 886 -2634 www.ataxas.com January 28, 2009 Mr. Kenneth M. Culbreth, Jr. Johan, Hyden, Womble, Culbreth & Holzer, P.C. 500 North Shoreline, Suite 900 Corpus Christi, Texas 78471 Re: 1502 Tarlton Street — updated status Dear Ken: Via fax (381) 888 -9149 Via email: kculbreth@ jhwdaw.com This letter is being sent in response to the re- inspection of the above - referenced property. Staff from the Neighborhood Services Department ano the Fire Department conducted a re- inspection on Thursday, January 22, 2009, to determine what progress your client had made in abating the con- ditions previously documented at the premises. Please know that your client's cooperation in permitting a consent inspection to be performed was appreciated. Unfortunately, however, the inspection revealed that the structure remains in a substandard, unsecured, and dangerous condition, necessitating further action by the City. In addition to new visible points of entry accessible to vagrants and children, it appears from the inspection results that your client has not taken any addi- tional measures to eliminate the substantial accumulations of combustible materials and debris from the interior of the structure. Additionally, there was ample new evidence of further vandalism and gang graffiti throughout the interior and exterior of the structure. As the caved -in roof of the west wing presently remains in an open, ac oesslle, and deteriorating stab, further action is warranted in order to preserve the safety and protect the welfare of the neighborhood and community. In Tight of the foregoing, this letter serves as notice that the City intends to take immediate action to abate the conditions created by the damaged roof, including an emergency demolition of the west wing of the structure. Fol- lowing the demolition, an invoice for the abatement work will be sent to your client. Failure by your client to remit the amount due for demolition costs will result in a lien being placed against the property. Please be aware that your client remains responsible for the continued maintenance of this property, including the removal of combustible materials and debris from other portions of this structure, as well as keeping the property free of high grass, weeds, litter, and solid waste. Exl iga-1 3 K. Culbreth - Tarlton property January 28, 2009 Page 2of2 Your attention to this matter is appreciated. Should you have any questions, please contact me. Sincerely, q 4 /',iii Eli. *= R. Hundley Assistant City Attorney cc: 'Angel R. Escobar, City Manager Margie Rose, Assistant City Manager Andy Cardiel, Fire Marshal Yvonne Haag, Director, Neighborhood Services Department Robert Quiroz, Zoning and Code Enforcement Administrator, NSD -339- BUILDING STANDARDS BOARD HEARING PACKET DEPARTMENT OF NEIGHBORHOOD SERVICES CODE ENFORCEMENT DIVISION had AN-America City Thursday, January 29, 2009 1 :00 p.m. City Council Chambers, City Hall EZI 14 January 26, 2009 1502 Tarlton St, QC <.mmmerciaRB o Staff is initiating Emergency Demolitionffor est Wing) of structure. Staff will Table remaining structure to be presented at the March 26, 8009 = 3uilding Standards Board hearing. TIICES 1I Letter of substandard conditions by certified mail: March 6, 2008 Certified letter of hearing and staff recommendations: January 19, 2009 Notice of hearing published: January 21 -22, 2009 -341- 11. 1502 Tarlton St commercial (Copps, Lot 2) STAFF RECOMMENDATION: To table East wing to be presented to the regular meeting of March 26, 2009 APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: A motion was made by Jesus Jimenez, seconded by Lisa Huerta to accept staff recommendation to table this case to the next March 26, 2009 regular hearing. A roll call vote was taken and the motion passed unanimously. —342— Grr!i Ifl?O 1 ?adno Neogi FA 0 3^ _. C:1es Pr)p.:'y `; gym;: :.:: r, r,;h , Acihress St„lr.,: n AcIv. !1C C Sb =.r�_i r1.1 P o r ern/ Oi to Det i1 Sheet Da'vs > laxmq !inns o tieghherh3"xis a Ahs ra :ts c • Aaaa: sal Re' Bond ., Apora sa .._.._.- Bead! o Ema.. Nueces County Appraisal District Data on this Web site represents Certified 2008 Values Click HISTORY Link For Value PrJ1nrty De'taii 5!:!. I (R2154711 liigtgry Plat MAP S Saa LR PM he S Owner Information Owner ID: Owner Name: Owner Address: Property Address: Parcel Information Legal Description: Acreage: Cross Reference: Undivided Interest: Exemption Codes: Entity Codes: Deed Type: Deed Book: Deed Page: 2006046520/STD Map Page: U-65 Page 1 of 2 00038223 SOUTHWEST PHOENIX GROUP INC AND RON VOSS SR AND /OR HIS ASSIGNS 15706 CUTTYSARK CORPUS CHRISTI,TX 78418 1502 TARLTON ST @ FIG ST COPPS LT 2 1772-0000-0020 100% CO3 (City Of CC) GNU (Nueces County) JRC (Del Mar Jr Coll) RFM (Farm To Mkt Road) SE (CCISD) HOSP (Hospital District) Sub Trst Deed Svne CcrtpI •<.: Land HS: • Land NHS: Improvement HS: Improvement NHS'. Ag Market: Ag Use: Timber Market: Timber Use: Assessed: Type $0 + $165,000 + $0 + $50,000 + $0 $0 + $0 $0 + $215,000 = Improvements SPT3 Imp1 C (Commercial) Ft (F1 - Commercial Real Propertl6 ID Typ SP (5 Land Land1 CL (Commercial Land) F1 (F1 - Commercial Real Propert Adobe o dal Reader 5.0 (minimum) is required to view pdf documents. $ 50,000 $ 165,000 Nueces County Tax Office *) ax Assessor - Collector r,« Page lof1 Property Tax Balance $egin a New Search Go to Your Portfolio Pay Taxes by Check Pay Taxes by Credit Card Request an Address Correction Unless otherwise noted, all data refers to tax information for 2008. All amounts due Include penalty, interest, and attorney fees when applicable. Account Number: 177200000020 Address: SOUTHWEST PHOENIX GROUP INC AND RON 15706 CUTTYSARK CORPUS CHRISTI, TX 78418 -0000 Property Site Address. 1502 TARLTON ST @ FI 00000 -00000 Legal Description: COPPS LT 2 Current Tax Levy: $5,336.60 Current Amount Due: $5,336.60 Prior Year Amount Due: $199,727.46 Total Amount Due: $205,064.06 Last Payment Amount for Current Year Taxes: Not Received Last Payer for Current Year Taxes: Not Received Market Value: $215,000 Land Value: $165,000 Improvement Value: $50,000 Capped Value: $0 Agricultural Value: $0 Exemptions: None taxes Due Detail by Year and Jurisdiction p,l:on ,h1I Ie i. I' Last Payment Date for Current Year Taxes: Not Received Click Here to see your estimated amount due for a future date. You can see this information by year and by both year and jurisdiction. Tax OI i e Fact; () nee 11I].L'•!:• h.�..: n f/ \O I:n n,a fur I'tlo- /0.1)111:•." f}r N ,i -. r -•. t� n Online? P1oi[r FAO V Ie IL:/ Ir)Ii)n PI Irrej (bunty Applal• al I)istrict Oth : :i L3unt)' iIist,.,.i' OU' l:'nmt r T jx �ris1 f •s I�qr u ; P-) Fab fnik i I Fix F cireelny Ire Sabr,: s. rrl 1 �CILU. ©2004 Appraisal & Collection Technologies. All rights reserve -345- `o Utility Service Location Customer History Inquiry - CITY OF CORPUS CHRISTI 8m1GARo c sFC i 0: i Location Customer History Inquiry Location ID: 2444 t502 TARLTON ST CC 309301 7AHison, ROBERT ZARL 2561 NO NAME RBOWE12031O /15/93 pA p 9/07/00 2/16/01 1/01/41 1/01/41 -347- isiii leaMmO City of Corpus Chnsti LEGAL eNPAumrrerr February 2, 2009 Via Certified Mail 97005 3110 0003 0467 7893 Via Facsimile: (381) 888 -9149 Vie. Email: kculbrethljhwdaw.com Mr. Kenneth M. Cubreth, Jr. Jordan, Hyden, Womble, Cuibreth & Holzer, P.C. 500 North Shoreline, Suite 900 Corpus Christi, Texas 78471 Re: 1502 Tarlton Street – response to letter (dated 127/09) Po Sox 9277 Como Omani Dear Ken: Thus 78469-9277 Phone 361-830 -3360 Fax 361-880-3239 Municipal Court Pxaaasaor's Office 120 N. Chaparral Cara Christi limas 78401 Phoned- 886 -2530 Fax 361 -886 -2567 Juvenile Cant Pavement Office 226 Fneaprise Pkwy Soite 103 Corpus Christi Maas 78405 Phone 361-826-4014 Fax 361 - 826-4309 Police Legal Advisor 321 John Sarah, Comas Christi limas 78401 Pion 361 - 8862608 Fax 361- 886-2634 www.afexas.com PoP This letterting sent in response to your last letter, dated and received on January 2T, 2009, regarding the above-referenced property. Due to the fact that It appears your client has misconstrued and possibly misunderstood the previous communications with the City, the purpose of this response is to unequivocaNy set out the Citys intended actions. In the City's letter of December 26, 2008, your client.was required, not later than January 15, 2009, to provide two things: (1) select and decide on a course of action, being.either repair or demolition, In order to summarily abate the deplorable and substandard structural and interior condilons at the property and (2) include a firm commencement data in the response. Your client's response was wholly lacking in either of these requirements. Even if your client was not "in a position to select or commence' demolition, it was certainly expected that your client would have - selected and commenced repairs. However, it is entirely unacceptable and, indeed, criminal for your client to have chosen no action at all While Ms. Haag, as the Director of the. Neighborhood Services Department, was previously wiping to work with your client as late as January 21st, con- cerning a proposal to 'table' the substandard buNding case at the scheduled January hearing of the City's Building Standards Board, any agreement—tacit or certainly contingent on your client's continued monitoring, maintenance, and progress toward a resolution of this nuisance property. Upon conclusion of the site inspection held the very next day, it was apparent that your client had again: • allowed unauthorized entry into the structure by redclessiy faking to secure the caved -in roof of the west wing or post it security guard Ext�1�75 K. Culbreth (Tarlton property) February 2, 2009 Page 2 of 3 • allowed unauthorized entry into the structure by recklessly faWng to secure the east wing or post a security guard • failed to remove any of the substantial accumulations of debris and combustible materials from the interior of the structure • failed to maintain the exterior of the property by recklessly failing to prevent or eliminate the growth of high weeds and grass • failed to maintain the exterior of the property by recklessly failing to prevent or eliminate the accumulation of solid waste, debris, and litter • failed to maintain the exterior of the structure's rooftop, evidenced by the displays of new graffiti, by recklessly failing to post a guard or to take other measures to prevent or eliminate access to the rooftop For your client to dubiously believe that any statements made by Ms. Haag (Le., to *continue to work" with him or to 'table' the substandard building case until your client was available), somehow, served to excuse required abate- mint work or extend compliance deadlines is, simply, incredulous. In addition to being erroneous, at no point In time has any City staff member, attempting to work cooperatively with your cent, led your client to believe that anything less than full compliance would be acceptable. City staff members from the Fire Marshall's Office and Neighborhood Ser- vices Deparbrent are in agreement that the immediacy of the continued and flagrant entry Into the atruct ire by unknown persons poses a significant harm to the neighborhood and community. Your client appears oblivious to the fact that, in addition to the families that reside in the surrounding neighborhood, Mere is'a large elementary school, a senior center, and a church in close proximity to this property. In light of these matters, in order to protect and preserve the safety and well being of the general public and community, the City will not permit such dangerous conditions to persist. Please know the City intends to seek an emergency demolition of the west wing, as your client was previously informed, and Is actively seeking the ser- vices of a contractor to accomplish this task. As for the required repairs of the east wing, please know that this matter is expected to be slated for a hearing before the City's Building Standaide Board in March, 2009, or earlier. A hearing notice will be mailed to the property owners at the mailing addresses noted in the Nueces County Tax Appraisal District records, as required by law, with a copy mailed to your office. -349- K. Culbreth (Tarlton property) February 2, 2009 Page 3of3 Abatement of all other conditions presently existing at the property (e.g., high weeds, graffiti, etc.) and as noted in this letter remains your client's respon- sibility to remedy until such time as the property is sold, donated, or fore- closed against for the non - payment of. property taxes. Failure by your client to abate all remaining nuisance conditions will result in further legal action being taken by the City against your client, including the filing of additional criminal charges. Please know that each day a violation continues constltutes a separate and distinct criminal offense. THE CITY OF CORPUSICHRISTI ft EI • I* R. Hundisy Assistant City Attorney cc: Angel R. Escobar, City Manager Margie Rose, Assistant City Manager Macy Kay Fischer, City Attomey Richard Hooks, Fire Chief Andy Cordial, Fire Marshal Yvonne Haag, Director, Neighborhood Services Department Robert Quiroz, Zoning and Code Enforcement Administrator; SSD Via Certified Mai #7005 3110 0003 0467 4557 Restricted Delivery Mr. James R. Snyder, Registered Agent Southwest Phoenix Group, Inc. 15708 Cuttysark Street Corpus Christi, TX 78418 Via First Class Mai Mr. Jeffrey T. Snyder, former Registered Agent Southwest Phoenix Group, Inc. 422 Manning Street Corpus Christi, TX 78410 Via First Class Mail Mr. Jeffrey T. Snyder, former Registered Agent Southwest Phoenix Group, Inc. 15925 So. Padre Island Drive (former registered office) Corpus Christi, TX 78418 -350- Message Confirmation Report F®-02 -2009 0527 PM Mai Fax Number : 3618263239 Nano s CITY OF CC LEGAL Name /Number 98889149 Page : 4 Start Time s FEB- 02-2009 05:27PN NON Flapeed Time 00'42" Mode : STD ICS Results [aK] 101 CITY ATTORNEY'S OFFICE P. Q eta 9177 Capes CIuW. km 7444177 Telephonic (361)1116-31110 yw„y teednae: (341)112U -*239 Cityof DATE: February 2.2009 CSMOOMMIEGSMeang MB0006111RSACCOMMfls gI 1e1102rrnM16M0aarCOWAN C MNINIRML INFOMUMONMMCN M,WMW 0MAIN MeraISS. mtwomvatomennstos Oar tommaseorft some ►MMWRROW FVCONAVasCBR:U NReIMRMOWNNSISDIL nsANBaser mart vswIN1ON MATtps »eLLRSSea ___ROY_U MOM DOaamAl f pia Ai AN M11rMMM1 IMMUNE YOR AM Nrf NORMO MAT ANY Daeli aI. COPYING: ONMWeRON. O R MAWS ON= . CO NON ormerea0on® IN ONMAIO. a SIRIalrraasaRD wLAIR TO: Mr. Ken Culbreth FACSIMILE NUMBER: (361) 188 -9149 FROM: Elizabeth R. Hundley Assistant OW AttomeY RE: tnnon Properly - response to letter of 1/27/09 ORIGINAL WILL NOT FOLLOW ORIGINAL Witt FOLLOW WA: X Certified Mal Overnight Delivery Courier or Ward Delivery Other. Rrsf Gass Mall NOM: See attached letter. the letter has also been sent by email. If you did not receive the emat please let me know. Thanks, Elizabeth We are sending you 4 pages, Including this cover sheet. 11 you do not receive One entire document a R you encounter other dftictMies, please call (361) 8263360 and speak w*h Ms. Olga De La Cruz. If Ms. De La Cruz Is unavaaable. plaane speak with another legal assistant. -351- CITY ATTORNEY'S OFFICE P. O. Box 9277 Corpus Chrld, Texas 784694277 Telephone: (361) 826 -3360 Facsimile: (361) 826 -3239 City of Corpus Christi DATE: February 2, 2009 CONFIDENTIAL INFORMATION THE DOCUMENTS ACCOMPANYING THIS TELECOPY TRANSMISSION CONTAIN CONRDEt4TIAL INFORMATION WHICH MAY ALSO BE LEGALLY PRIVILEGED. THE INFORMATION 1S INTENDED ONLY FOR THE USE OF THE RECIPIENT NAMED BELOW. IF YOU HAVE RECEIVED THIS TELECOPY IN ERROR PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AT (361)126 -3360 AND DESTROY THE RECEIVED DOCUMENTS. FURTHERMORE. AS AN UNINTENDED RECIPIENT, YOU ARE HEREBY NOTIFY THAT ANY DISCLOSURE, COPYING. DISTRIBUITON, OR THE TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THE TELECOM INFORMATION IS STRICTLY PROHIBITED BY LAW. TO: Mr. Ken Culbreth FACSIMILE NUMBER: (361) 888 -9149 FROM: Elizabeth R. Hundley Assistant City Attorney RE: Tarlton Property - response to letter of 1/27/09 ORIGINAL WILL NOT FOLLOW XX ORIGINAL WILL FOLLOW VIA: X Certified Mail Overnight Delivery Courier or Hand Delivery Other: First Class Mail NOTES: See attached letter. The letter has also been sent by email. If you did not receive the email, please let me know. Thanks, Elizabeth We are sending you 4 pages, including this cover sheet. If you do not receive the entire document or if you encounter other difficulties, please call (361) 826 -3360 and speak with Ms. Olga De La Cruz. If Ms. De La Cruz is unavailable, please speak with another legal assistant. -352- �. = � os a� City of Corp s Christi DDEIGNSON4000 SEWVDCES DEPARTMENT PO Box 9277 Corpus Christi Texas 78469-9277 Phone 361-826-3010 Fax 361-826-3011 www.cctexas.com Code Enforcement Phone 361-826-3030 Housing Programs Phone 361-826-3010 Model Block Program Phone 361-826-1760 Neighborhood Initiative Program (N.I.P.) Phone 361 -826 -3234 February 11, 2009 CERTIFIED LETTER# 7004 -1350- 0000 - 4810 -1299 RON VOSS 15706 CUTTYSARK ST CORPUS CHRISTI TEXAS 78418 RE: 1502 TARLTON ST ADD'N: COPPS Lot: 2 Block: The Building Standards Board met at 1:00 p.m., Thursday, January 29, 2009 in the Council Chambers, 1201 Leopard, to hear matters concerning the substandard building(s) located at the above referenced property. A notice of the decision made on that date is enclosed Please contact the Code Enforcement Officer if you have any questions regarding this matter or if they can be of assistance to you. The office number is 826 -3029. Attachment: Board Order Cc: 08 -12213 cerely, Teena Houston Building Standards Board Liaison Neighborhood Services Department EaBtkit 16 =MN rwa2 44W rada City of Caws Christi FINAL ORDER FTHE BUILDING STANDARDS OARD Attn: R M VeSS Rs: 9602 TARLTON ST 1370(3 CU&TTYSARk ST LOT: 2 BLOCK: CORPUS CHRISTI TEXAS 7049€ ADD'N:COPP This final order Is issued pursuant to the authority granted to the Building Standards Board ( "Board ") of the City of Corpus Christi, Niueces County, Teas ( "City "), In accordance with the Charter of the City and with Chapter 13 of the City's Code of Ordinances ( "Code "). Pursuant to the provisions of Chapter 13 of the Code, en Inspection for substandard conditions was made of the building(s) or structure(s) located within the City at the following address: 1502 TARLTON! ST (COMMERCRALli TABLED UNTIL MARCH 26.20£4 HEARING Following a public hearing held before the Board on JANUARY a,. 2009 ( "hearing date "), the bulldivng(s) or structure(s) were found to be substandard and, as owner of the premises on which the building(s) or structure(s) are located, you src hereby ordered to: ❑ Obtain any and all required permits within de ys from the data of this letter. ❑ If repairs era started to the building(s) or structure(s), in compliance in Sec. 93 -26(F) of the Code, an additional days be allowed to complete the repairs from the date of this letter. ❑ vacate the building(s) or structure(s) within days from the date of this letter and until the building or structure Is In compliance with all minimum standards of the Code, or the building or structure is demolished and removed. ❑ Demolish the building(s) or structure(s) and remove the debris within days from the date of this letter. Renee Carter For Frank Hastings Absent Lisa Huerta For Ordered this 99th day of February, 2009. Jesus Jimenez &or Ted Stephens For Robert White For Sisned nder authority of the -'dthd: Y onl9 Morales Haag, Director b. 4 orhood Services Department -354- 4. On -355- '1 11 \ 1 0 co 5/1 PR. 0 ..---,----imo),b;„---4,776,,,:-.77-777-7,7-77-7-.7t,7.77 , ..::: FITRWg.WIY.0.441.M1 , ii.,tal, im: ni bifiguiiiriff.thatiiiiikriiigif:itiat_faati.W.g.y:,;.1 Er ,c .•• " 2_4=-,- a, It_ --"-'"—; '"'""" J '11#?TiiiiikliPikilliiliatilMilgilAlilli.41061Vi!n:ti; J.':Iii:',-_ C13 Po:tosii id den 0 mil.;111ReNnt h•-• iervivrivei o beslyclo 1.11 m Tazi F RON VOSS • To 15906 CUTTYSARX at CORPUS CHRISTI TEXAS 78413 -...;i1703,‘, 08-12213 uvERv SO • 5-,SET,ION re o Complete Items 1, 2, and 3. Also Item 4 li Restricted Delivery is o Print your name and address on th so that we can return the -m4 o Attach this card to the back Ma% or on the front If space permits. 1. Article Addressed to: RON VOSS 15706 CUTTYSARX ST CORPUS CHRISTI TEXAS 78418 08-12213 FIE 2. Mk (Thk TI r4) rrj I 0 ivit'erM WigarliNt SI A SW:awe ) 11 ". Received by ( Printed Name) 0 Agent Addresses of ECaUvery D. Is delivery address different fTOM item 1? Yes li YES, enter delivery address below: No r- Effsiarl‘Ma eta Catlike?' Mail o Replayed Insured WU 1 I: rt 1 / C: tir o Express Mail o Return Receipt for MerchandWe 13 C.O.D. Dieted Delivery? (Edra Fee) 7004 1350 0000 4810 1299 PS Form 3811, February 2004 Domestic Return Receipt -356- 102595.02-M4540 City of Corpus Christi B BI Itt NAMED DEPARTMENT PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361-826-3010 Fax 361 - 826 -3011 www.cctexas.com Code Enforcement Phone 361-826-3030 Housing Programs Phone 361-826-3010 Model Block Program Phone 361-826-1760 Neighborhood Initiative Program (N.I.P.) Phone 361- 826 -3234 March 14, 2009 CERTIFIED LETTER # 7004 - 1350- 0000 - 4810 -1428 RON VOSS 15706 CUTTYSARK ST CORPUS CHRISTI TEXAS 78418 RE: 1502 TARLTON ST ADD'N: COPPS LOT: 2 A recent inspection has shown that you have not corrected the violations of the Building and Housing Standards Code existing in the above referenced property as was requested of you in our letter of 11/21/2008. As required by State Law, a public hearing will be held upon this matter. The hearing will be before the Building Standards Board and is scheduled for 1:00 P.M.. Thursday, March 26.2009 in the Council Chambers, 1201 Leopard St. The Board can order you to repair or demolish the building(s) and authorize the City to have the building(s) demolished if you do not comply with the time allowed by the Board. The cost, if the City does the demolition, would be charged to you and if not paid would result in a lien being filed against this property. You may appear, and in fact are recommended to appear, before the Board at this hearing and show justification this remedy should not be granted. If you have any questions regarding this matter, please contact Teena Houston at (361) 826-3030. Sincerely, NEIGHBORHOOD SERVICES Teena Houston Building Standards Board Liaison Zoning & Code Enforcement Division BSB Hearing Notice to owner 08 -12213 Exfblt 17 8Pu iv 53 Dg — _ O li l' (nlv f�Y m w• ® 0 8I ,®N1 it iffi Iv 051 0 .: r© 0® I I I ii3 rill I I, el, bjs y. UMITQ) A— Oil -358- ru 7 ri A sO 0 0 0 0 7004 1350 , u iL'f00710liel,ir rrL`Ji °' 1 a IIsiK1 silk (» al li L1, j i U1.lr-gily, J Ce,I�I:rd E c ReMA P.; _y 1pl F PM. To CV.. i �illar,lJ UI19S -j _ _ww;•,.. a,. G... ....,.. ..ate —. a. r '. SCUD Fi4, r. Fr s SEN:71©. TED NEM 6:024 VOSS 15706 CUTTYSARE ST CORPUS CHRISTI TEXAS f: 1502 TARLTON ST 08 -12213 • Complete items 1, 2, and 3. Also complete item 4 N Restricted Delivery Is desire ❑ Print your name and address on the so that we can return the card to you. D Attach this card to the bads of the mat or on the front If space pennIts. A.....Owwe!, 1. Article Addressed to: RON VOSS 15706 CUTTYSARR 8T CORPUS CHRISTI TEXAS 78418 RE: 1502 TA RLTON ST 08 -12213 13,2 t.crshaicl by (nrintCI Nana) D. Is del'ivsry address di ivhent from item 1? 0 Yes If YES, enter delivery address below: 0 No ,ice Y,ic rye aye Csrtiied Mail 0 E:Iprcss Mai RESTRICTED O Regiarered 0 Return Receipt for Merchandise 2. Are ^m u. -. 0000 481 1428 Domestic Rehire Receipt 102595-424e-1540 PS Form 3811, February 2004 -359- BUILDING STANDARDS BOARD HEARING PACKET DEPARTMENT OF NEIGHBORHOOD SERVICES CODE ENFORCEMENT DIVISION tad Thursday, March 26, 2009 1:00 p.m. City Council Chambers, City Hall E5HIM 18 C/ <•t —wen: lly o; tee March 17, 2009 ichelle Manisa 1502 Twit O wi n St. (c ®mmnnci Staff recommendations: tttiomts: est Wing - Demolition (55 %) Under the provisions of Section 13 -26 (3) (1) (c) of the City Housing Code and due to the substandard and dilapidated condition of the structure(s), a hazard to the health, safety and welfare of the public is henceforth declared. Therefore the owner be required to demolish the structure(s) within thirty (30) days. If demolition is not started and completed as required, then the City be authorized to demolish. Staff recommendations: Repair-Main bids (43 %) Under the provisions of Section 13 -26 (3 (1) (a) of the City Housing Code and due to the substandard and dilapidated condition of the structure(s), a hazard to the health, safety and welfare of the public is henceforth declared. Therefore the owner be required to obtain proper permits and start repairs to the structure(s) within thirty (30) days. If repairs are started, an additional ninety (90) days be allowed to complete repairs to City Code Standards. If repairs are not started and completed as required, then the City be authorized to demolish. NOTICES Letter of substandard conditions by certified mail: November 21, 2008 (unclaimed) Certified letter of hearing and staff recommendations: March 14, 2009 Notice of hearing published: March 14 -15, 2009 -361- 8. 1502 Tarlton St. (West Wing) commercial (Copps, Lot 2) STAFF RECOMMENDATION: To require demolition due to the extent of deterioration APPEARING IN FAVOR: APPEARING IN OPPOSITION: 0 Ronald Voss Ken Culbreth Motion: A motion was made by Ted Stephens, seconded by Gregory Perkes to accept and amend staff recommendations and require demolition of the structure(s) according to Section 13 -26 (G)(1)(c) of the City of Corpus Christi Code of Ordinances in which the owner be allowed thirty (30) days to obtain proper permits and complete the demolition of the structure(s) with the exception of the concrete slab. Owner be required to provide complete security from slab and or walls that is existing between the East & West wings and remove all debris. If demolition and security is not started and completed as required, then the City is authorized to demolish located at 1502 Tartlon St (West Wins() commercial (Copps, Lot 2 ). A roll call vote was taken and the motion passed unanimously. 9. 1502 Tarlton St. (East Wing) commercial (Copps, Lot 2) STAFF RECOMMENDATION: APPEARING IN FAVOR: To grant repairs due to the extent of deterioration Ronald Voss Ken Culbreth APPEARING IN OPPOSITION: 0 Motion: A motion was made by Robert White, seconded by Ted Stephens to table this case to the July 23, 2009 regular hearing. A roll call vote was taken and the motion passed unanimously —362— 1502 Tarlton St (Main bldg) 4_i 1502 Tarlton St. (Wes Nueces County Tax Office Tax Assessor - Collector Property Tax Balance Beain a New Search Go to Your Portfolio Pay Taxes by Check Pay Taxes by Credit Card Request an Address Correction Page 1 of 1 Unless otherwise noted, all data refers to tax information for 2008. All amounts due include penalty, interest, and attorney fees when applicable. Account Number: 177200000020 Address: SOUTHWEST PHOENIX GROUP INC AND RON 15706 CUTTYSARK CORPUS CHRISTI, TX 78418 -0000 Property Site Address: 1502 TARLTON ST © FI 00000 -00000 Legal Description: COPPS LT 2 Current Tax Levy: $5,336.60 Current Amount Due: $6,689.43 Prior Year Amount Due: $202,001.54 Total Amount Due: $208,690.97 Last Payment Amount for Current Year Taxes: Not Received Last Payer for Current Year Taxes: Not Received Last Payment Date for Current Year Taxes: Not Received Market Value: $215,000 Land Value: $165,000 Improvement Value: $50,000 Capped Value: $0 Agricultural Value: $0 Exemptions: None Taxes Due Detail by Year and Jurisdiction Click Here to see your estimated amount due for a future date. You can see this Information by year and by both year and jurisdiction. Pi u0 i \t$ril:. I-..' i l:.' (.a11AIt ": fax Ofrico I acb; !1 -ire Inc tl onU Cole llp_ .:1. -:1 Mai: il:• Permit. Irtl!Ii"' ri'1 MO.:. [irony l:: ri'Jdiri;lan5 Aled,ola 1Seve:rdge I.i:_: :_.e cruel l'.•In:dt 6libyr v.,li' 1),•..1...1t ,I; P Online Motor Vehicle. FAQ Vator Regisrratiuf: flueco:. County Appraisal District Other County Tay. Apprai<ui U: >rnr.� Oliva: County Ts:: Asses:.or Colh::rrur.; Di:Unq:.l%:nt property Tax Info, and Tax fo:t?r:IosI re Sala'; Send ll:: I'rcar;d•:k ©2004 Appraisal & Collection Technologies. All rights reserve —364— General Information Flews 'FAQ Searches •1 I "ope ^y ID Search Acco.;n: Search •O vner Search Aoreas S ,arc/ o Advanced Sear i P r op<dr i+y Data o Detail Sheet • Dalas feet Other lax!ng Louts a Nr_:grinrhooC3 r Abstracts Subdivisions r. Appraisal Review Board Ash•a;.sa! R,,.;:ew Board • Es a: o Sta!3 Compliance o "Legal Noiia&>" Lir•.is Forms riu ec!:ons o lax Code 1 exas I ax LaW I- ?:Nas and L::.:nphon:= Pli paces Aerial Photo Pn,aps R Downlna:ls j Riot= Nueces County Appraisal District Data on this Web site represents Certified 2008 Values Click HISTORY Link For Value Property Detail Shaat (221S4171) 0 Owner Information Owner ID: Owner Name: Owner Address: Property Address: Parcel lnformation Legal Description: Acreage: Cross Reference: Undivided Interest: Exemption Codes• Entity Codes: Deed Type: Deed Book: Deed Page: Map Page: Land HS: Land NHS: Improvement HS: Improvement NHS: Ag Market: Ag Use: Timber Market: Timber Use: Assessed: 10 Type IP a _Mso MaS" Gat) Daga to t Page 1 of 2 00038223 SOUTHWEST PHOENIX GROUP INC AND RON VOSS SR AND /OR HIS ASSIGNS 15706 CUTTYSARK CORPUS CHRISTI,TX 78418 1502 TARLTON ST @ FIG ST COPPS LT 2 1772 - 0000.0020 100% CO3 (City Of CC) GNU (Nueces County) JRC (Del Mar Jr Coll) RFM (Farm To Mkt Road) SE (CCISD) HOSP (Hospital District) Sub Trst Deed 2008046520/STD U -65 80 + $165,000 + So + $50,000 + $0 $0 + $0 $0 + $215,000 = Improvements SPIES Imp1 C (Commercial) F1 (F1 - Commercial Real Propert)6 ID Type SP1'B Land Land1. CL (Commercial Land) F1 (F1 - Commercial Real Property * Adobe Acroab treader 5.0 (minimum) is required to view pdf documents. A,x Vdhie $ 50,000 $ 165,000 `o 0 r r r r _a Q 215,000 Homestead Cap 0 History Information 2008 2007 2006 2005 Imp HS 50 $0 - - Imp NHS 550,000 550,000 550,000 5217,500 Land HS 50 50 - - Land NHS 5185,000 5165,000 $165,000 5165,000 Ag Mkt 50 50 - - Ag Use 30 $0 - - Tim Mkt 50 50 - - Tim Use 50 30 - - HS Cap .. - - - Assessed 5215,000 5215,000 5215,000 5382,500 Improvement Sketch a e 9 & K W a .2 e W CO3, GNU, JRC, RFM, SE, HOSP Legal Description COPPS LT 2 Situs Address 02 TARLTON ST @ FIG ST Sales 1 Date Volume Page Seller Name )1072006 2006046520/STD DYKESWILL LTD )118/1991 2306/GWD 83 C C HEALTHCARE GRP LTD )1162000 20000417- 89/WDV BACHOR BASILIO Y01/2000 2000004- 405 W/D IGLESIA BAUTISTA OF 1/2711991 C.C. HEALTHCARE GROUP 1/2411990 2201 /GWD 838 OSTEOPATHIC HOSP INC ca Building Attributes Current Owner IUTHWEST PHOENIX GROUP INC AND RON VOSS SR AND /OR ASSIGNS (00038223) 706 CUTTYSARK )RPUS CHRISTI,TX 78418 Utility Service Location Customer History Inquiry - CITY OF CORPUS CHRISTI SuNGARD'6H: •C 5E00 • Na, ae Location Customer History Inquiry LecaNen ID: 2444 1502 TARLTON ST CC - 909301 JAlIIBOR,�ACBEAS BAPL 2561 RO RANH HNOU11120310/15/93 t/ ON :•.__. RR Cancel -367- GREW RIM City °- Corpus SMUS PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361 -826 -3010 Fax 361-826-3011 www.cetexas.con Code Enforcement Phone 361 -826 -3030 Housing Programs Phone 361-826-3010 Mode/ Block Program Phone 361 -826 -1760 Neighborhood Initiative Program (N.I.P.) Phone 361-826-3234 sunivemito March 26, 2009 CERTIFIED LETTER# 7004 -1350- 0000 - 4810 -1695 RON VOSS 15706 CUTTYSARK ST CORPUS CHRISTI, TEXAS 78418 RE: 1502 TARLTON ST ADD'N: COPPS LOT: 2 The Building Standards Board met at 1:00 a.m., Thursday. March 26. 2009 in the Council Chambers, 1201 Leopard, to hear matters concerning the substandard building(s) located at the above referenced property. A notice of the decision made on that date is enclosed. The period of time allowed you to comply with the decision of the Board commences from the date of this letter. If you wish, you may appeal the decision of this Board to the City Council. Such appeal must be perfected by filing a sworn notice of appeal with the City Secretary within fifteen (15) days from the date of notice of the Board's written decision which is the date of this letter. This appeal must state specifically any error alleged to have been committed by the Board or that the decision of the Board would cause undue hardship and state the reasons for the hardship. It may be necessary for you to obtain the proper permits before initiating demolition or repairs as required by the Board. This permit can be obtained at Development Services located at 2406 Leopard Street. Contact Neighborhood Services /Code Enforcement Department located at 1201 Leopard prior to obtaining the permit(s). Please contact the Teena Houston, Building Standards Board Liaison if you have any questions regarding this matter or if they can be of assistance to you. The office number is 826 -3029. Attachment: Board Order Cc: 08 -12213 —368— Sincerely, Tee Houston Building Standards Board Liaison Neighborhood Services Department FINAL ORDER OF THE BUILDING STANDARDS BOARD City of Corpus Christi Attn: Ron Voss 15706 Cuttysark St. Corpus Christi Texas 78418 Re: 1502 Tarlton St Lot: 2 Add'n: Copps This final order is issued pursuant to the authority granted to the Build;Standards accordance da with the ( "Board ") of the City of Corpus Christi, Nueces County, Texas ( "City "), Charter of the City and with Chapter 13 of the City's Code of Ordinances ( "Code "). Pursuant to the provisions of Chapter 13 of the Code, an inspection for substandard conditions was made of the building(s) or structure(s) located within the City at the following address: 1502 Tarlton St (West Winaal Following a public hearing held before the Board on March 26, 2009 ( "hearing date "), the building(s) or structure(s) were found to be substandard and, as owner of the premises on which the building(s) or structure(s) are located, you are hereby ordered to: Obtain any and all required permits within 30 days from the date of this letter. ❑ If repairs are started to the building(s) or structure(s), in compliance in Sec. 13 -26(F) of the Code, an additional days be allowed to complete the repairs from the date of this letter. ❑ Vacate the building(s) or structure(s) within days from the date of this letter and until the building or structure is in compliance with all minimum standards of the Code, or the building or structure is demolished and removed. • Demolish the building(s) or structure(s) with the exception of the concrete slab. Owner be required to provide complete security from slab and or walls that is existing between the East & West wing and remove the debris within thirty (30) days from the date of this letter. If demolition and security is not started and completed as required, the City is authorize to demolish. Renee Carter Absent Gregory Perkes For Frank Hastings Abstained Ted Stephens For Lisa Huerta Absent Robert White For Jesus Jimenez For -369- Attn: Ron Voss 15706 Cuttysark St. Corpus Christi Texas 78418 Ordered this 26th day of March, 2009. Sig nder authority of the B Yv•,a Morales Haag, Director Neighborhood Services Department Re: 1502 Tarlton St LOT: 2 ADD'N: Copps —370— ® MOM MEW Ear City Csrpus Christi RENINISOMBOOD 3EWDOlCEI DENNTRAIM PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361 -826 -3010 Fax 361-826-3011 www.cctexas.com Code Enforcement Phone 361-826-3030 Housing Programs Phone 361 -826 -3010 Model Block Program Phone 361-826-1760 Neighborhood Initiative Program (MP) Phone 361 - 826 -3234 1'i JYr A taX March 26, 2009 CERTIFIED LETTER# 7004 -1350- 0000 - 4810 -1695 RON VOSS 15706 CUTTYSARK ST. CORPUS CHRISTI TEXAS 78418 RE: 1502 TARLTON ST (MAIN) ADD'N: COPPS LOT: 2 The Building Standards Board met at 1:00 p.m., Thursday, Marsh 26. 2009 in the Council Chambers, 1201 Leopard, to hear matters concerning the substandard building(s) located at the above referenced property. A notice of the decision was made to table the action on the remaining structure (East wing or main bldg) until the regular meeting of July 23, 2009. Please contact Teena Houston, Building Standards Board Liaison if you have any questions regarding this matter at (361) 826 -3029. —371— Si erely,,, Teerna Houston Building Standards Board Liaison Neighborhood Services Department ® rI: • � I rn ZI xi . e, ,, y.... .mss +.. -.. 7 v m 0 ea • u' CP i-qJt ea rfir CP IM ur k ea s, 0 p Y) u, ., i`i p ,pi a in ca �'! Rw�.t t .: IP n I.1 y O 0. .. k co 0 6 o-▪ d 6 c z; 03 .,_ fl'( -3 ! IT -fi 4: ,. i ti c P. ✓ fl xi o. 4r 4 CI igb0 ri a' 'M &! o 'n! F n a3 m n CI b,. 12 —372— 3xi�t -D ° 1'R)(u277111rrli i,Jntt1!lr iL,2;rJ°_41i - ld1 IIIV lull f MIT l:gMAV! rJV)..31 ILL t t , i" . a O 0 0 e iiniud Flro o R¢lum (hnduC.pmn O Floairri d ..: LJ u'I (Erdur.-rnent neasrd) m ra 0 0 r IC TED-DE T, Ron Voss __a 15706 Cuttysarla St. Corpus Christi, Tx 78412 e: 1502 Tarlton St r c,fi ?C,INJB; intnv 1_UUign IJ.-1['_Iry,iz,I') 2:7^( rJ �I r7.', i/} j 'J'f�'d [1 7 47 14Sfdr4N i i "�F ITV 1aa' o 0omplats Nernst 2, and S. Also complete% Item 4 tf Restricted Delivery Is desired. O Print your name and address on the 4s\ so that we can return the card to you. 1 O Attach this card to the back of the ' or on the front ii space permits. 1. Article Addnassed to: Ron Voss 15706 Cutttysark St. Corpus Christi, Tx 72418 Re: 1502 Tarlton St 0 Agent \\ 0 Addressee OAReculved by (Fretted Narrw) (! C ate of DuIIvr ry D. Is delivery address different from item 1? 0 Yes If YES. enter delivery address below: 0 No SU➢1'Ice 1 ype _ Gsrlalod Liar 0 epees Mall 0 Rs4steled 0 Faure Fwodptfm Nercha[dise !' Inmeed f ast! 0 COIL V pj� ostrr:tad Delivery? Paw Foo) • 7004 1350 0000 4810 1695 maw, in 2 PS Form 3811, February 2004 Dona -sec Return Receipt -373- Pjles 7e2595 -024N•1540 ue/uuI2UOd tb:e1 FAX 391 888 9148 LAW OFFICE la 0o7100n N mIN AM lIs ORDER BY WHAM STANDARDS BOARD Tb: Armando Chaps, City Secretary, City of Corpus Christi Data: Wednesday, April 3, 2009 Re: Appeal of Final Order of the Building Standards Board dated March 26, 2009 (copy attached hereto as aagrh Property: 1502 Tarlton Street, Corpus Christi (Vacant Commercial Bolling) COMBS NOW Ronald A, Voss, Sr., as co- owner of the Property, and would respectfully timely file this Nodes of Appeal with the City Secretary efecdvely appealing to the City Council the Final Order of the Building Standards Board dated March 26, 2009 (copy attached hereto as 18zblMt a°S'7 in compliance with Section 13.28 of the Building and Housing Standards Code of the City of Corpus Christi and Article VI, Section 2 of the CSty Charter for the reasons that the decision of the Building Standards Board is erroneous and canes undue hardship as follows: 1. The City of Corpus Christi, by and through the Neighborhood Services Department, has ffeited to draft and property notify all owners of the Property of any alleged violation or hearings thereby failing to comply with Seddon 1326 et seq. of the Housing Standards Code and Section 13.3005 et seq. of the Vacant Building Code. Additionally, the (Sty of Corpus ansd, by and through the Neighborhood Services Department, has wholly failed to notify the coeow» er of the Property, Southwest Phoenin Group, Inc. whose sole shareholder was James R. Snyder, who died in November 2007, whereafter the Estate of James R. Snyder should have bean contacted by and throatgh Mr. Jeffery Thomas Snyder Enecutdr of Estate of James R. Snyder, 48 Gardner Street, Northville, Michigan 48167. 2, The Order is erroneous in that the demolition of the west wing of the building is not warranted by the very definition of owner's obligation to secure a vacant building under the Vacant Building Code. Specifically, Section 133002 of the Vacant Building 'ode states: — n �o tee measue o uare ,1r , wow slatted the use °tots or ktairrl. The City's sole basis for demolition of the west wing rests on the allegation that trensientsicdntinal trespassers may be accessing the building by coming In through the roof of the west wing, However, these tratudeatalcrittlinal trespassers cannot access the roof without the use of tvtLr ar kdddaa. Indeed, Mr, Voss boa (1) secured the building front unauthorized entrance by properly boarding up all exterior openings (doors and Madam) and has removed all trees and elements which would allow unauthorized persons to climb to the roof (even though this roof repair requirement is not warranted by the Vacant Building Code as one should not have to enclose a roof wblch is beyond the reach of normal entry (See Sect. 13 -3002 above); (2) posted the required sipage for trespassing (in compliance with Duty to Secure Vacant Building (Section 13 =3008); (3) installed a chain Link fence at the back of the building "to prevent any further illegal dumping" and unauthorized entry of persons and vehicles On compliance with Installing Fence —374— UglfUU uus 10:01 FAX UO1 888 8148 LAW OFFICE ®OOJ1008 (Section 13-3011); and (4) continued to keep the property maintained, fine of high grass, weeds, litter and solid waste (Compliwjtx with Sections 2349 and 23 -70). 3. In compliance with the request by the Cry of Carpus Christi, by and through the Neighborhood Services Department, Mr. Voss obtained two Proposals regarding demolition of the west wing of the vacant building: $45,000 — demolition and removal of entire west wing and $201)00 — demolition and removal of west wing, excluding slab and exterior walla. Accordingly, the decision of the Board for Voss to demolish the west wing (except for the slab) and to then secure the entire exposed west end of the building not only creates an unreasonable hardship upon Mr. Voss (who, as co- owner, has been the sole target of the demolition Order, to the exclusion of the other co-owner above), but creates a building security obligation more burdensome and onerous than that which currently exists, thus creating farther unreasonable hardship for Mr. Voss. Respectfully submitted, Kenneth M. Culbreth, Jr. State Bar No. 05207525 JORDAN, HYDEN, WOMBLE, CULBRETH & FHOLZER, P.C. 500 North Shoreline, Suite 900 Corpus Christi, Texas 78471 (361) 884 -5678 Telephone (361) 888 -9149 Telecopier Attorneys for Co- Ownerr, iv "raid A. Voss, Sr, VtEffiIFICATfON STATE OP TEXAS COUNTY OP Nl1Et'.ES BEFORE ME, the undersigned Notary Public, on this day personally appeared Ronald A. Voss, Sr., who, being by me duly sworn on his oath deposed and said that he is co-owner of 1502 Tarlton Street, Corpus Christi, Terms in the above - entitled and numbered cause; that he has rend the above Notice oP Appeal of Order By Building Standarda Board and that every statement contained therein is within the best of his knowledge true and correct. Ronald A. Voss, Sr. SUBSCRIBED AND SWORN TO BEFORE ME on the day of April, 2009, to certify which witness my hand and official seal. —375— Pigs 2of2 04/08/2008 15:01 FAX 381 998 9149 KMC /js Attachments c: Client LAW OFFICE ® 004/006 Wis. Elizabeth Rundley Via Telecojer No (M1).826-3239 Assistant City Attorney Page 3 of 3 —376— City of Co "us Christi SSERVICES�O ®® CEPA%T !DIT PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361- 826 -3010 Fax 361- 826 -3011 www.cctexas.com Code Enforcement Phone 361-826-3030 Housing Programs Phone 361-826-3010 Model Block Program Phone 361-826-1760 Neighborhood Initiative Program (MLR) Phone 361- 826 -3234 April 14, 2009 CERTIFIED LETTER# 7004 - 1350 -0000- 4810 -2036 SOUTHWEST PHOENIX GROUP INC & RON VOSS SR AND /OR HIS ASSIGNS 15706 CUTTYSARK ST CORPUS CHRISTI TEXAS 78418 The Building Standards Board met at 1:00 a.m., Thursday, March 26. 2009 in the Council Chambers, 1201 Leopard, to hear matters concerning the substandard building(s) located at the above referenced property. A notice of the decision made on that date is enclosed. The period of time allowed you to comply with the decision of the Board commences from the date of this letter. If you wish, you may appeal the decision of this Board to the City Council. Such appeal must be perfected by filing a sworn notice of appeal with the City Secretary within fifteen (15) days from the date of notice of the Board's written decision which is the date of this letter. This appeal must state specifically any error alleged to have been committed by the Board or that the decision of the Board would cause undue hardship and state the reasons for the hardship. It may be necessary for you to obtain the proper permits before initiating demolition or repairs as required by the Board. This permit can be obtained at Development Services located at 2406 Leopard Street. Contact Neighborhood Services /Code Enforcement Department located at 1201 Leopard St. prior to obtaining the permit(s). Please contact the Teena Houston, Building Standards Board Liaison if you have any questions regarding this matter or if they can be of assistance to you. The office number is 826 -3029. RE: 1502 TARTLON ST ADD'N: COPPS LOT: 2 Attachment: Board Order Cc: 08 -12213 Exhil i?S /?T Sincerely, 61.1/\"' Teena Houston Building Standards Board Liaison Neighborhood Services Department ® = m °o City of Corpus Christi FINAL ORDER OF THE BUILDING STANDARDS BOARD Property Owner(s! Re: 1502 Tarlton St. Southwest Phoenix Group Inc and Lot: 2 Ron Voss Sr and /or His Assigns Add'n: Copps 15706 Cuttysark St Corpus Christi Texas 78418 This final order is issued pursuant to the authority granted to the Building Standards Board ( "Board ") of the City of Corpus Christi, Nueces County, Texas ( "City "), in accordance with the Charter of the City and with Chapter 13 of the City's Code of Ordinances ( "Code "). Pursuant to the provisions of Chapter 13 of the Code, an inspection for substandard conditions was made of the building(s) or structure(s) located within the City at the following address: 1502 Tarlton St (west wino) Following a public hearing held before the Board on March 26, 2009 ( "hearing date "), the building(s) or structure(s) were found to be substandard and, as owner of the premises on which the buildings) or structure(s) are located, you are hereby ordered to: • Obtain any and all required permits within thirty (30) days from the date of this letter. ❑ If repairs are started to the building(s) or structure(s), in compliance in Sec. 13 -26(F) of the Code, an additional days be allowed to complete the repairs from the date of this letter. ❑ Vacate the building(s) or structure(s) within days from the date of this letter and until the building or structure is in compliance with all minimum standards of the Code, or the building or structure is demolished and removed. ® Demolish the building(s) or structure(s) with the exception of the concrete slab. Owner be required to provide complete security from slab and or walls that is existing between the East & West wing and remove the debris within thirty (30) days from the date of this letter. If demolition and security is not started and completed as required, the City is authorize to demolish. Renee Carter Absent Gregory Perkes For Frank Hastings Abstained Ted Stephens For Lisa Huerta Absent Robert White For Jesus Jimenez. For -378- Page 2of2 Property Owner(s) Ron Voss Sr 15706 Cuttysark St Corpus Christi Texas 78418 Ordered this 14th day of April, 2009. Si under authority of the Beatd: V .. e Morales Haag, Director Neighborhood Services Department Re: 1502 Tarlton St. Lot: 2 Add'n: Copps CC: Kenneth Ni. Culbreth, Jr. Attorney for Ron Von Sr. Jordan, Hyden, Womble, Culbreth & Holzer, P.0 500 North Shoreline, Suite 900 Corpus Christi, Texas 78471 -379- Cary of Co m us Christi us HOOD SEMMES BEFAXIMIEN PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361-826-3010 Fax 361- 826 -3011 www.cctexas.com Code Enforcement Phone 361-826-3030 Housing Programs Phone 361 -826 -3010 Model Block Program Phew 361 - 826 -1760 Neighborhood Initiative Progr pn (N.I.P.) Phone 361- 826-3234 Slitetaddlt April 14, 2009 CERTIFIED LETTER# 7004 - 1350- 0000 -4810 -2050 RON VOSS SR 15706 CUTTYSARK ST CORPUS CHRISTI TEXAS 78418 RE: 1502 TARTLON ST ADD'N: COPPS LOT: 2 The Building Standards Board met at 1:00 p.m., Thursday, March 26. 2009 in the Council Chambers, 1201 Leopard, to hear matters concerning the substandard building(s) located at the above referenced property. A notice of the decision made on that date is enclosed. The period of time allowed you to comply with the decision of the Board commences from the date of this letter. If you wish, you may appeal the decision of this Board to the City Council. Such appeal must be perfected by filing a sworn notice of appeal with the City Secretary within fifteen (15) days from the date of notice of the Board's written decision which is the date of this letter. This appeal must state specifically any error alleged to have been committed by the Board or that the decision of the Board would cause undue hardship and state the reasons for the hardship. It may be necessary for you to obtain the proper permits before initiating demolition or repairs as required by the Board. This permit can be obtained at Development Services located at 2406 Leopard Street. Contact Neighborhood Services /Code Enforcement Department located at 1201 Leopard St. prior to obtaining the permit(s). Please contact the Teena Houston, Building Standards Board Liaison if you have any questions regarding this matter or if they can be of assistance to you. The office number is 826 -3029. Attachment: Board Order Cc: 08 -12213 —380— Si erely, Teena Houston Building Standards Board Liaison Neighborhood Services Department City of Corpus Christi FINAL ORDER OF THE BUILDING STANDARDS BOARD Property Owner(s) Re: 1502 Tarlton St. Ron Voss Sr Lot: 2 15076 Cuttysark St Add'n: Copps Corpus Christi Texas 78418 This final order is issued pursuant to the authority granted to the Building Standards Board ( "Board ") of the City of Corpus Christi, Nueces County, Texas ( "City "), in accordance with the Charter of the City and with Chapter 13 of the City's Code of Ordinances ( "Code "). Pursuant to the provisions of Chapter 13 of the Code, an inspection for substandard conditions was made of the building(s) or structure(s) located within the City at the following address: 1502 Tarlton St (West Winal Following a public hearing held before the Board on March 26, 2009 ( "hearing date "), the building(s) or structure(s) were found to be substandard and, as owner of the premises on which the building(s) or structure(s) are located, you are hereby ordered to: • Obtain any and all required permits within thirty (30) days from the date of this letter. ❑ If repairs are started to the building(s) or structure(s), in compliance In Sec. 13 -26(F) of the Code, an additional days be allowed to complete the repairs from the date of this letter. ❑ Vacate the building(s) or structure(s) within days from the date of this letter and until the building or structure is in compliance with all minimum standards of the Code, or the building or structure is demolished and removed. ® Demolish the building(s) or structure(s) with the exception of the concrete slab. Owner be required to provide complete security from slab and or walls that is existing between the East & West wing and remove the debris within thirty (30) days from the date of this letter. If demolition and security is not started and completed as required, the City is authorize to demolish. Renee Carter Absent Gregory Perkes For Frank Hastings Abstained Ted Stephens For Lisa Huerta Absent Robert White For Jesus Jimenez For -381- Page 2 of 2 Property Owner($ Southwest Phoenix Group Inc and Ron Voss Sr and /or His Assigns 15706 Cuttysark St Corpus Christi Texas 78418 Ordered this 14th day of April, 2009. S's ne •: under authority of the Y e Morales Haag, Directo Neighborhood Services Department Re: 1502 Tarlton St. Lot: 2 Add'n: Copps CC: Kenneth Ni. Culbreth, Jr. Attorney for Ron Voss Sr. Jordan, Hyden, Womble, Culbreth & Holzer, P.0 500 North Shoreline, Suite 900 Corpus Christi, Texas 78471 -382- -383— Olgh , 4 T. 4 :2 i3g •q. 0000 USET Nueces County Tax Office es County Page 1 of 1 Tax Assessor - Collector Property Tax Balance Begin a New Search Go to Your Portfolio Pav Taxes by Check Pay Taxes by Credit Card Bequest an Address Correction Unless otherwise noted, all data refers to tax Information for 2008. All amounts due Include penalty, interest, and attorney fees when applicable. Account Number: 177200000020 Address: SOUTHWEST PHOENIX GROUP INC AND RON 15706 CUTTYSARK CORPUS CHRISTI, TX 78418 -0000 Property Site Address: 1502 TARLTON ST 0 FI 00000 -00000 Legal Description: COPPS LT 2 Current Tax Levy: $5,336.60 Current Amount Due: $7,057.66 Prior Year Amount Due: $205,412.59 Total Amount Due: $212,470.25 Last Payment Amount for Current Year Taxes: Not Received Last Payer for Current Year Taxes: Not Received Last Payment Date for Current Year Taxes: Not Received Market Value: $215,000 Land Value: $165,000 Improvement Value: $50,000 Capped Value: $0 Agricultural Value: $0 Exemptions: None Taxes Due Dgtail by Year and Jurisdirtjgn Click Here to see your estimated amount due for a future date. You can see this information by year and by both year and jurisdiction. 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All rights reserve Ntwr Home General Information News FAQ Searches o Property ID Search o Account Search o Owner Search o Address Search o Advanced Search Property Data o Detail Sheet o Datasheet Other o Taxing Units o Neighborhoods o Abstracts o Subdivisions o Appraisal Review Board o Appraisal Review Board t o Email o State Compliance o " "Legal Notice`" o Links o Forms o Agenda o Directions o Tax Code o Texas Tax Law o Rates and Exemptions o Rights & Remedies o Employment o Nueces Aerial Photo o Calendar o Maps & Downloads History Page 1 of 2 Nueces County Appraisal District Data on this Web site represents Preliminary 2009 Values Click HISTORY Link For Value Property Detail Sheet (R218471) Platlll?p lG S Map Patasheet Owner Information Owner ID: Owner Name: Owner Address: Property Address: Parcel Information Legal Description: Acreage: Cross Reference: Undivided Interest: Exemption Code Entity Codes: Deed Type: Deed Book: Deed Page: 2006046520/STD Map Page: U -65 00038223 SOUTHWEST PHOENIX GROUP INC AND RON VOSS SR AND /OR HIS ASSIGNS 15706 CUTTYSARK CORPUS CHRISTI,TX 78418 1502 TARLTON ST @ FIG ST COPPS LT 2 1772-0000-0020 100% CO3 (City Of CC) GNU (Nueces County) JRC (Del Mar Jr CoII) REM (Fans To Mkt Road) SE (CCISD) HOSP (Hospital District) Sub Trst Deed Values Breakdown Land HS: Land NHS: Improvement HS: Improvement NHS: Ag Market: Ag Use: Timber Market: Timber Use: Assessed: 2009 Preiiminary Value $0 + $165,000 + $0 + $50,000 + $0 $0 + $0 $0 + $215,000 = Imp1 C (Commercial) 0 Improvements c ?TE F1 (F1 - Commercial Real Propert)6 Land SETS 2g: Acre CL (Commercial Land) F1 (F1 - Commercial Real Property -385- Value $ 50,000 Market $ 165,000 Corpus Christi Prospector: Economic Development Available sites, buildings, demograph... Page 1 of 3 -w Berg 4 ettli to &t ate official web site F. Corpus Ch nisi htt p:// www. corpuschristiprospector .com/ed.asp?ema rint&vis= &t=1 &forlease=no &maxx... 6/9/2009 Street Address: 1502 Tarlton St. Building Name: Corpus Christi Osteopathic Hospital Available: Yes Parcel: 033600000015 City: Corpus Christi County: Nuece State: TX Type: Office Minimum Available: 165,000 SqFt Maximum Available: 165,000 SqFt For Sale: Yes For Lease: No Last Updated: 9/25/08 Total Price High: 550000 Construction Material: reinforced concrete Construction Year: 1966 Lot Size (Acres): 3.79 Zone Classification: AB Property Description: Free Standing Building, 1502 Tarlton Street, Corpus Christi, Texas 78415. Former Corpus Christi Osteopathic Hospital. One story building, medical /dental. Approx. 3.79 acres or 165,000 SF of land. Building is institutional construction on reinforced concrete with interior piers and beams. Paved parking in front,rear and on street. Located at the comer of Tarlton & Fig streets. City water & sewer, overhead utilities. Built in 1966. Zoned "AB" Professional Office District. Price Reduced, motivated seller. Sale Price $550,000.00. Broker Company: NAI Cravey Real Estate Broker Contact: Matthew Cravey Broker Address: 5541 Bear Lane, Ste. 240 Broker City: Corpus Christi Broker State: TX Broker Zip Code: 78405 Broker Phone: 361 - 289 -5168 ext. 301 Broker Cell: 361- 877 -2463 Broker Fax: 361 - 289 -5442 Broker Email: matthew@craveyrealestate.com Broker Website: www.craveyrealestate.com l i ZVOC -0Cri C rites v _...... Company: Corpus Christi Regional Economic Development Corporation Contact Name: Pamela Lago Address: 800 North Shoreline, Suite 1300 South City: Corpus Christi State: Texas Zip Code: 78401 htt p:// www. corpuschristiprospector .com/ed.asp?ema rint&vis= &t=1 &forlease=no &maxx... 6/9/2009 14 CITY COUNCIL AGENDA MEMORANDUM City Council Presentment Date: July 14, 2009 AGENDA ITEM: Presentation of Initiative Proceedings and consideration of an Ordinance pursuant to Article I, Section 4 of the City Charter to rebuild Memorial Coliseum to its original condition, and replace the plaque to its original location honoring: "the sons and daughters of Nueces County who made the supreme sacrifice in World War II". ISSUE AND BACKGROUND: The City Charter, through Initiative Proceedings, allows for the people of the City to propose ordinances to the City Council and, if the Council fails to adopt the ordinance in substantially the form in which it was presented, to adopt or reject the ordinance proposed at an election. Attached please fmd an ordinance being proposed, through the initiative process signed by fifty registered voters to rebuild Memorial Coliseum to its original condition and replace the plaque to its original location honoring: "the sons and daughters of Nueces County who made the supreme sacrifice in World War 11". The Council has 45 days (until Friday, August 28, 2009) to consider adoption of the ordinance as presented. In the event the Council fails to take the proposed action within the time allotted, the City Secretary must furnish the proponents, petition pages for circulation among the registered voters of the City. The proponents will have 90 days to gather sufficient signatures (5% of the registered voters) to force an election on this matter. If a valid petition is submitted an election would be called to adopt or reject the proposed ordinance at the next City Council election. REQUIRED CITY COUNCIL ACTION: Action is not mandatory today. The council has three options: 1) vote in support of the ordinance, 2) vote against the ordinance, or 3) postpone action on this item. If action is not taken today, the mayor or five council members may place the proposed ordinance on a future agenda within the next 45 days for consideration. If the ordinance is rejected or action is not taken by August 28, 2009, the City Secretary will furnish petition pages to the proponents for circulation. Armando Chapa City Secretary Attachments: Initiative Request Letter (First Page) Proposed Ordinance -391- -4-- i 1 l s• i? 3 .oc'� o v° 2, 'c la en - at _4 I iuu C a U0 , � u C') �� y y p.O R �2 � NR ° T cc ....o ..0 gcU p ob A e) vC ly 8 00 R p 2g Ea.c g� H"Ev' 0vv _I '. y y ° M .a " �7 u2. a° N M w U : E y •.s v w o o c N y o 7 .0 L L Er) la 1 0 7 0 T m d o U o c 0) b 'C i ,�,U R p 2 a X CC 2 e°o C.) d o U NJ 0 L rJ c O T .--t, ` R 0 0 o tt88 p" iJ y 0 •E 0 00 o 'O :47 'O C 0 Q 0 0 �7 0 R 4 d Y R IT'S 'O 0. 0) 0 0.". .,- gp y g F a •". U c ° °. 2..5 u. C ? v�° : E 6 C O O 0 0) .0 cf E o UT'o R o o. «C' . v o U oo c c d 'C o N - 0 O n o Q ^ b to. .. 'J O 7 " N .0 0 y C E U d 0 R U °moo m pro y o c 7 m N U v N .O pry, b d 0 %' p. V d R o W= 0 R pp N N U N (�. OA'J O. p " . OR1 r U O ti 9 'N 0 ..0 O 0) .4 0 T 0 R i.. U ° .� v 04 F. 0U t2. -1gi"o Xo6 a 0 y o Y ,R \. « 0 'J 1 .0 .4 w :al a h x 3v O a U M 0) ° .p C R w 0 y 7 4 'U 00 m 0 .O R t E C R ^ O i0 R n = N w .\Q. . 0) G b 6 j N OD • `' is .tea ca. C 0) 0 °q C m 0 > 0'00 o a. —.CAM .'S,c P.. 2.j¢ 8 ,� Q� -392- ORDINANCE AN ORDINANCE AUTHORIZING THE CITY COUNCIL TO UNDERTAKE EVERYTHING NECESSARY AND PROPER TO ACCOMPLISH THE GOAL OF REBUILDING MEMORIAL COLISEUM TO ITS ORIGINAL CONDITION AND REPLACING THE PLAQUE TO ITS ORIGINAL LOCATION HONORING: "THE SONS AND DAUGHTERS OF NUECES COUNTY WHO MADE THE SUPREME SACRIFICE IN WORLD WAR II" WHEREAS, Memorial Coliseum previously served for many years as a venue for public events, and serves as a memorial honoring the sons and daughters of Nueces County who made the supreme sacrifice in World War II "; and WHEREAS, in its past use, the Coliseum has proven to be a public gatherings and a profitable building, plus a landmark in the City's Bayfront, and has served as a fitting memorial honoring "the sons and daughters of Nueces County who made the supreme sacrifice in World War II "; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council is hereby authorized to undertake everything necessary and proper to rebuild Memorial Coliseum to its original condition and replace the original plaque to its original location honoring: "the sons and daughters of Nueces County who made the supreme sacrifice in World War 11." SECTION 2. The City Manager, or his designee, is hereby authorized and directed to develop plans to rebuild Memorial Coliseum to its original condition for the implementation of this Ordinance. SECTION 3. Nothing in this Ordinance shall be construed as appropriating funds from any operating or capital budget of the City. The issues of the award of any contracts providing for the rebuilding of such structure and the replacing of the original plaque, and the appropriation of funds for such purposes specifically are reserved for future action by the City Council. - SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of 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 5. This ordinance shall take effect upon and after adoption. —393— 1 15 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Update on Public Information Act (PIA) 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. 2. 3. PowerPoint Supplemental Information -397- Mary / ay 7c—her, City Attorney City Attorney MaryKF@cctexas.com 361 826 -3873 • • c Q 0 tn 0 0 V♦ U D N N (6 N E }' N co a) L N a) E o Q J U O U L a_-+ 15 Q c � C 0") _ > D O of r O 0 • A Request Made in writing and states specific information requested City's practice to accept requests received by any City official or employee Requests can be mailed, faxed, issued in person, or emailed City's Request Form Now: — Advises requestor of benefit of making narrow versus broad request — Advises requestor that City may make contact in order to clarify the request — Allows requestor to agree to redact confidential information — Advises requestor that City will waive charges amounting to $5 or less 3 N cu U 0 V J 0 O O U O ma— n Q •_ CD D L U Z 0 I MI o 0 c E cu 0. 0 Ua Q(/) ) (n a) `N^ c .L_ c o_ a) co O O N •U c • _ �_ > Q O W LL • • 0 c N U W L E L `0 V J • _ Fire - EMS /Prevention D • N U a) V J Wastewater • co ■I Human Resources Documents Prec CD M r 0 U o .E D L O U O 073 Q CO Q EE 4-0 rn 0-0 E N N E E Q73 0 Ci o D E 0 O O co 0 c O a) ON O) co 2 o 0 L I- O c U OVA o (o N N 0 Department Notification Legal: — Determines Departments Maintaining Information — Emails Department Liaison About Request Within One Business Day Legal emails Liaison with: — Appropriate Instructions for Fulfilling Request — Scanned Version of Request — "Cost Estimate Sheet" Template — Date by Which Departments Must Respond 6 c O w a) c 0 nV ♦♦ W cC c a) L Q 0 N a) E .E a) O Q -0 O O a) co D 4- co a) c .v) c6 O) _ a) _ _C ♦ >= O N o • is responsive 4) N co o O L O c O O Q co CO 4Z 1 Information ' Su ;t To Attorney General Opinion — Copies Provided Free of Charge When Charges Less Than $5 — Requestor Called and Advised Copies Can Be Mailed, Faxed, E- Mailed and /or Picked Up in Legal 8 W 0 2 c 0 C6 r O) c CC c O co E L 0 0 co 2 N O7� N J 0 0 cc/ CO c N = CC m N N tri- CC E C City May Seek Lega 0) O a) U >< w 0 c c c c O P1 E 2 c>) a as ° .L (0a a o E0 CO 0 n E a � o 0 0 co 0) J o J a m_ 1 0 a = O E -a .o a+0 CO CO .o d a) 0 o w L a J a;a O 0) 00 a CO Q , ca a CD 0 CC V N E 2 0 o � a U • • D co 4) t� 'a) V J 0 D CO U 0 o= 0,2 c co '0 O a L 0 E 0 L E Z O 0 0_ N a) c 0 O C co E L 73 O Q C CD m EO a)> o ° Wmu) U I- I 0 w "Bits-and-Pieces' — Account Numbers — Private E -mail Addresses — Social Security Numbers 0 N I..L r CT O f2 CO CO cC N D CCO c O CO E ponse* CO C') 0 1n (15 %) 0 r 1 Yo of Eota guest `f' N r` co (0 (0 CO Information Made Available at Charge: formation Subject to AG Opinion: No Responsive Information: le Avail oc 0 0. • • N Amo i 0 5 x • co • a 0 Requests Received: co co 0 0 0 M N 0 0 Q 0 D co c 0 ca E 0 4- c ponse* co 4 (25 %) (38%) of Eota guest M C co C) O O formation Subject to AGpini ©n: I le Avail le Avail (87 %) (13 %) Requests N.- lore 1 lore 1 DOCUMENTS PRECLEARED BY DEPARTMENT Aviation Development Services Roofing Job Permit Application Residential Building Permit Application Commercial Building Permit Application Irrigator License Form Electrical License Form Limited Power of Attorney Form Sign Permit Application Certificate of Liability Insurance Form Mechanical Permit Application Plumbing Permit Application Electrical Permit Application Temporary Promotional Even Permit Application Electrical Contractor Registration Form Mechanical Registration Form Plumbing Registration Form Certificate of Occupancy Inspection Report Spreadsheets Engineering Services Bid Tabulation Sheets (for awarded projects) Requests for Proposals "Standard" City Plans and Specifications "Standard" Engineering Design Manuals Master Plans Construction and Material Inspection Reports Engineering Material Testing Lab Reports Geotechnical Studies, Analyses, and Reports Engineering Design Memorandums Traffic Light Sequence and Timing Sheets Speed Limit and Traffic Light Studies —405— Financial Services Accounting Vendor Invoices Voucher Documentation Wrecker Bills Travel Expense Documentation Appropriation Expenditure Report Revenue Report Checks Unclaimed City Checks Documentation Comprehensive Annual Financial Report Fire - Fire Prevention Certain Incident and Investigation Reports Fire — EMS Certain Ambulance Run Sheets Certain Bill Records General Services Unit Cost Summary Sheets "Header Report Detail" Sheets "Repair Work By Reason" Sheets "Print Work Order Cost Report' Sheets Health Health Permit Application Soft Serve Ice Cream or Yogurt Inspection Report Certificate of Occupancy Inspection Report Child /Adult Care Institutions Inspection Report Swimming Pool /Spa Inspection Report Retail Food Establishment Inspection Report Human Resources —426— Revised July 2009 Fire Personnel Recruitment Rosters Fire Personnel Promotional Rosters Fire Personnel Entrance Rosters Police Personnel Recruitment Rosters Police Personnel Entrance Rosters Police Personnel Promotional Rosters Skill -Based Pay Zone Documentation Civil Services Board & Commission Rules Employee Work Location PeopleSoft Tab Employee Job Information PeopleSoft Tab Employee Salary Plan PeopleSoft Tab Employee Compensation PeopleSoft Tab Employee Employment Info PeopleSoft Tab Employee CC Directory PeopleSoft Tab Employee Performance Evaluations Confirmation of Policy Training Form Public Information Act Release Form Personnel Records Review Request Form Job Description Questionnaires Job Advertisements Department Organization Charts Collective Bargaining Agreements General Liability Insurance Forms City Policies /Procedures City Personnel Ordinance Job Descriptions Employment Orientation Checklist Instabucks Documentation Health PlanNVorkers' Comp Quarterly Report Employee Training Programs Calendar Health Benefit Summary Plan Documents Management & Budget Fiscal Year Adopted Budget Books Fiscal Year Budget Quarterly Performance Reports (to Council) Municipal Court Case Files (with limited exceptions) Neighborhood Services - Code Enforcement —497— Revised July 2009 "Notification of Ordinance Violation" Document "Violation Detail" Sheets "Work Order Completion Inspection And Authorization For Payment Exhibit — Cleanup" Contractor Breakdown of Services /Rates Sheets "Nueces County Appraisal District Property Detail Sheet(s)" "City of Corpus Christi Disclosure of Interest" sheet(s) Property Photographs HTE "Case General Information" Screenprints HTE "Case Action Scheduling" Screenprints Parks and Recreation Public Information Office All Documents Stormwater & Streets Stormwater: Task Backlog Listings "Compliance Investigation Report — Notice of Violation" Sheets "Construction Pollution Control Inspection — Notice of Violation" Sheets "Event Log" Sheets "Field Log" Sheets "Litter Pick -Up Program Log" Sheets "Daily Mower Inspection Maintenance and Operations" Sheets "Mowing Log" Sheets "Observation /Education Report" Sheets "Outreach Event Form" Sheets "Rental Trucking Log" Sheets "Daily Vactor Truck Log" Sheets "Daily Vacuum Truck Report" Sheets "Daily Vehicle /Equipment Inspection" Sheets "Vehicle Log" Sheets Streets: "Customer Invoice Report" Sheets Estimate Letters (estimated costs for events) "Field Work Order Log" Sheets —4Q8— Revised July 2009 "Potholes, Base Failures & Utility Cuts" Yearly Statistical Costs Spreadsheets "Procurement Cards" Sheets "Purchase Order" Sheets "Open /Closed Workorders as of (date)" Spreadsheets Utilities Business Office "Close Job Order" Printscreen "Display Work Request" Printscreen "Job Order Maintenance" Printscreen "Account Billing History" Printouts "Close Work Request" Printscreen "Display Work Request" Printscreen "Work Request Maintenance" Printscreen Wastewater Inside - Dwelling Inspection Photographs Work Orders "Collection System Location of work (or service address):" Sheets Work Order Listing Spreadsheets (for certain columns) TCEQ "Wastewater Treatment Operator" Diploma/License Sheets Employee 'Take -Home Vehicle' Memorandums Maximo Screen 'Work Order History/Tracking' Sheets "Employee Certification Signoff" Spreadsheets "Employee SBP Summary Snapshot Report" Spreadsheets Water Flouride Consumer Confidence Reports Property Deed Copies Applications for and Permits for Proposed Cleaning, Construction, Excavation, and Depositing of Excavated Material for Lake Corpus Christi Construction ASR Annual Reports Flushing Status Reports Flushing Logs Water Pressure Zone Maps -499- Revised July 2009 1E CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: City Council Update on Proposed Wind Energy Ordinance Amendments STAFF PRESENTER(S): Name Title/Position Department 1. Juan Perales, Jr. Interim Asst. City Manager Development Svcs. OUTSIDE PRESENTER(S): Name 1. N/A ISSUE: Title/Position Organization Existing City codes provide limited options for residential and commercial use of wind driven power generation. Earlier this year, proposed code amendments were developed to increase opportunities for residential and commercial properties to make use of this power generation technology. A previous staff presentation on April 28, 2009 provided Council with an overview of the proposed code amendments, and allowed for comment and discussion. Since that presentation, staff has met with local industry representatives, and has made revisions to the originally proposed code amendments. This presentation is intended to review these changes prior to formal action on the proposed code amendments. REQUIRED COUNCIL ACTION: None. Juan Perales, Jr., P.E. Interim Asst. City Manager Department of Development Services johnnyp @cctexas.com PowerPoint presentation X 361- 826 -3828 Supplemental information ❑ -413- 4 c O 1 • Included in Article 29, The Board of Adjustme c 0 c c O (6 E co 2 co E (Q o L N CD 0 Q) (2.c 00 o Co O 0 o 0 N- 45 c Qom' � 0 D o O1-t L O c N • Q r ' 0 (o 0 O O ® Q U L N co LO N 4 (0 0 N- N L U LLo. N n 0 0 O N 0 c CO co ra to •] O 4) co O CO U O = N (6 (6 a - >, U 0 ail) O o c j 0 -0 D Q D O CO O E E 0 0 O (o 0 0 Q 0) C - E .cnEEjE D _ co D D — • o — 0 E c L C C 1-20_22 22 Q O L Q L Q O 0 (6 O O L Q to 0 0) � N C N co O E Q D o co E 9_ o 0 ` 0� 1 • W E Effect of Propose D c Z5 a) E ca E 0 L o - co cn co cn 0 0 C N r 0 w r� ° a) (r 0 c U N N 2 (T .5 0 O N Q i CT >, r- N -(o 92 cn o -0 EQ co 0 a) Si v a as o f �� U 0 U = a) O c co N to N N as E n E U > 0— a) -, a) a)— O C > � � c0 co N N �.0 — J a) �.0'- W� W0co N, L-1 cn a) D of en e) N >, U co N a) -CDC n W E Expand general review and - c c N 0 0 >, ' --� a) U _o cts a) cn O O (6 -a 0 5 D 0_ cK 1 • Wind Speeds Increase with Height 1 I gt 8'X 6Lb LO I� 74�g4 ietIA01 c 0 (U CU N c E 0 N �, O N � ) 0 c 0 structures on N c N cn U N O tn CO al CU 70 r - c U O CO 0 17 a E (v O c c 4— N _ 5 co co 0 = " w 0D � I. O .N c — N n 0 O - 0 (a N ^ co N N = E O)'L_ O c c co LD O N 0 .� Q co .E Z N a N cn D c co uirements. under an 1 • Wind Energy System Use Allowed by Special Use Exception Permit Land Use Lot Size Units Allowed • Single Family 1 +,. 1 a n,.ror LV 1.V NV1V %J Residential and 1 Small unit Commercial Up to 1.5 acres VI1II1 ^" 4 +" 4 ` ^""^^ 1 Small or Medium V V1111111..I 1.1G1 VI 1 LV 1.V Gl.Jl liJ Light Industrial Up to 1.5 acres unit Medium to Heavy 1 Large unit per 5 acres, minimum Industrial 5 acres 1 Cmnll hl lilrlinn All of the ahnvio Mn minimum .�� ..� .� �... ... �.. ....... � .. .. ................ . mni in+c["i llnl+ 6 ound Emissions Data +-, 0 0 � a) 0 a) 0 c a) .crn c6 a3 0 O D -Q)C -tc 4E1 co a) cn 8 O E O E 8 Q (6 Q Q _C O L O +• = (6 4- (13 4 O • ,o �. O � 3 DL- a) L- i— = C: = � E O a n S! E _ a) a) 13 4- o E • Ea., =N iC C.) a) C ►a) st •�4 �D .j Zi a) N c 4) 0 i 4) 00 a)- E E (n+- a)•L 0+. 0+. 13 0 �� �I� SIN ✓ }' C.N (D Ca L 0 C•L CU L) a) (7 N CU 4-0 tro O E O E O O N - (6 = 17 = +: CD = NC Ea) Ea) Q� li h c 2 �co �cco a) a) Cz D c 0) X cu E a) 0) (Q D 0) I) (6 D a) E C (6 4531 D 0 0) 0 1 • C a) 0_ -1--+ O as D 0 0 c 0 N 1 .— J 12 (Q 0 ci‘ Q a) a c 0 a) CD Cn X ( iL CO c F- o uj O L- CO L. a) (D a) n' C W C f) • O- - cD CJ) 2- i x•63 O0 2 N ) -Cl) Eo_ aa) a) > X 4. C a) a) O F.A.A. — domestic airspace interfer co ax N •�a U 0 CC- oQ cn7 cn ,Q 0 0 iN O c N sD 5 QC• Q CO CO 0 Za0 1 • Comparative Summary Between Existing and Proposed Ordinance Requirements Existing Ordinance Proposed Ordinance Minimum Lot Size 1.5 Acres Meeting fall radius requirements Total System Height 110 feet 85, 100, or 150 feet, depending on system Minimum Property 150% of total system 100% of total system Line Setbacks height height Minimum Ground 25 feet 25 feet Clearance 9 cn O) L 0 Lo r _E N O in C r O L czo c O O N Q O) co -a O) 0 r r E a) N Tu � O • - U) O _C 0 0 0 r 46 U) a) (.1 c = O) O 0 0 c E = (6 EU c Comparative Summary Between Existinc and Proposed Ordinance, contd. Requirements Existing Ordinance Proposed Ordinance Multiple Unit 110 feet 110% of total system Horizontal Clearance height Max. Noise Levels at 60 dbA from 9 a.m. to Property Line 60 dbA 9 p.m.; 40 dbA from 9 p.m to 9 a.m. Minimum Survival 120, 130, or 140 mph, Wind Speed 140 mph depending on location Roof or Building Not Allowed Up to 2 units per Mounted Systems structure 10 E a) 7n 0 Tu g7) • O — U) O _C o 0 0 r U) O r r U) 0 c a3 c as D U) a)U co N 'L 0 2 Q 0 CD nc 0 .O O 0 0 O r c L O O O) O c . co '3 r c O Q N U) r -0 L E O r Q 0 N U N 2 L eL D Comparative Summary Between Existinc and Proposed Ordinance, contde Requirements Existing Ordinance Proposed Ordinance Engineer's certification, building and electrical Yes Yes permit required Provides standards for Medium and Large No Yes systems Provides security and de- commissioning No Yes standards Provides consideration for State, Federal, or No Yes Military agency review 11 1 • 0) co L O (1) 0 5' 0 Qcts _Q ca -}-+ 0 = N 0 O O L O a� to- 0 O 0 W — o o ci0 C) 73 o -r 45 co 6e O L c �� �4-. N �0 00 (u c �0 0 Lon N n 2"; co al C O) NA Cl) A C E N E N _ 0 0 O > 5' >.E >E O Q N X N x (s O (s O c O c Q c Q Oo U) CD U) CD • 1 ' r c O D c CO U c 0 a O co E Or Q Q O)0 c 0 O O p O 2 co • mortized capital cost: 2 O >%N Q ac ` O N— a N as ID O C`4- - 1!) CO CO E O CO O N U N �' C 0 O (6 C C E C (UtU E2 ca) a) irrt > co <S 11 $35,000 x .01 = $350 yr. / 12 months = $29 per month • Total estimated monthly costs: o N CO 2 co 06 E O O ia. CD N N p N vi W in To 0 • >+ C CU U C c OX • L O -4 Q • N (- 1 • O 1 1 • 17 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: City Council update on status of comprehensive restructuring of developer trust funds. STAFF PRESENTER(S): Name Title /Position Department 1. Juan Perales, Jr. Interim Asst. City Mgr. Development Svcs. ISSUE: The City Council has previously directed staff to develop means of ensuring the solvency of the developer trust funds. On August 26, 2008, staff made a presentation to Council, providing an overview of the results of analysis of the funds, as well as proposed changes in related city ordinances and procedures. Several follow up action items were brought back to Council in December of 2008. Actual proposed amendments to the Platting Ordinance which would provide for the restructuring of the trust funds, however, were tabled when brought before the City's Planning Commission. The Commission requested that staff develop and include more defined consideration of "re- development" needs in the proposed ordinance amendments prior to recommending them for City Council review and approval. This presentation is intended to review the basis of the proposed ordinance amendments before formal action by Council. The presentation will also include historical activity and status of the developer trust funds as requested during the City Council meeting of May 26, 2009. REQUESTED COUNCIL ACTION: None. /A/ Juan Perales, Jr., P.E. Interim Assistant City Manager Development Services johnnyp @cctexas.com PowerPoint presentation X 361- 826 -3828 Supplemental information ❑ —423— 8 meeting, staff was L Q O > a) D L O a) 4-+ O to 4-+ .0 03 c 0) O c U 2 L 0) U O O -c N }' c ( O N c 0 >, 03 co E O O W - n 73 a) N C 4--� 7 4- • 0 > +• c a) L i = a 0 2 Discuss the insolvency of the existing fund structure Discuss fee increases proposed to remedy the insolvency 0 0 N ances as o mco c z $1,009,584 80 CO N CO 0 O 7r- o) Efl r LO N N- M O CO r co N— CO CO 69 69 $1,127,632 00 Fund Balances as of 7/31/08 • O O M b Q O r O N O r CCOO CO 0 r cs V CY/ L6 O 00 0) N N CO N 69 69 69 Eft O O L) M C(5 vi N V ($1,249,467.60) $2,950,000 00 Cq 00)) Eft o r 0 o v co ci i oo CO r N 0 N N O 0) ma 69 co Eft 0 W V O (0 CO N N- 0 0) O O O 0) O O O N ✓ CO N 0 r Ln O N O r N • CO CO ▪ (00 CA CA 669 669 Eft Deposits from 7/31/08 through 6/30/09 Reimbursements paid Funds appropriated but not expended Fund Transfers (December, 2008) Balance available @June 30, 2009 CO Previous Consi o_ +a = ® 0 0 4— a ® 0 2 5 = R @ a) a. % 0 8 E E 2 % E c. j 2 45 c E n a) co -a 0 -0 _ E .\ � o 2 0 4- • @ $ $ E CO E o U) 0 cm 92 2 0-c 0 @ E O .\ a sT2 112 0 c �2 0 co E o E $ — 0 D g � 0 � � u) o 2 c @ @ = " = 4- = 0 D C1/23 man 0 . �o= o. - � - � cl 45 (6' E .. 0) E 0 E 0 N- 0) 0 0 0 CN k ® 0° 0= % C CO CO 0 $ Nc -a k-0 N E % ® ® Ci @ t.g CU L C 0.) n 0 / q'7 �_ 2 % co F \ 0_ % 0 • • • Previous Consi N C C vi co U 2 Nr co - Ec Pa 4 Q_4- o� C � > Cl) U4) 0 NL i•U co A—• -aU) N co N u) 42 45 2 a) 0-n 0 0 R N > Oco NN ENO O eci N r O �E O OU 45 Nei M•i N -.O N VI U N= Q j C3)-C 0_ =-a > E o 0) < 0 U)04 U TO Q O(U0 N co • • • • L ir O V CD D O LL O D t I- V 2 N o a O Li O >' c co O E co E O O O -a a 2 O U -a ._ O w 0) -D co sp O O O = L 9) V w = O (B O O y>, y.., = '> g V U TO O O tg `� 0 11) c 1 > -co (• B 2 >' O O - E L O cci Q _ O 4 co cn O �O O O C w '5 +-, a) 00 caa L L E co Q yam+ � ' L - 4- W co proposed "revenue model" to 0 0 co .. O .- V CD O O) c ca E _c o_ 1 O cn O V O _ .acv O 'L 0 O .Cn = co > 0 W co • ir O -0 7+ C O LL t H 2 N o a Li C - 75 = 0 4- C -0 (o N c co N -0 CU 0 g O O E -5 N (i co i*+ _c)U N 00 N O -c O o c n N c O LL • N — _Q 0) CD C o coc co =.� LE ci �� co ca D cii C 0 -a = ' L LL 0 }' = 4-O N ' L It E L a) 0 I— .0 0 • O O O N LL E O 4— U co D c 4— O 0 0 co c co c o D co co co ▪ N- cO O O ' -r, N > -c a) 0) 0 LE C H • 4- O a) c C c 0) ID c▪ o O L a) N 45 0 U) 0 c co To D c 4— 0 E co co. O L O Q tiT5 93 > To CU - a) r-C •• •w- •• Fund Histo Reviel Df Water Arteria 0 0 to cs L 0 Q 0 U 0 LL C ' 5 0 v 0_ 'L X0 0 w_ 0 .= C 0 0 o cti V C� C U r-. co g> 0 m N u, e rn LO n w uV CO N 49 {q � w n co O n 03 0 CO O N 0 CO O O CV $4,500,000.00 $4,000,000.00 $3,500,000.00 $3,000,000.00 $2,500,000.00 $2,000,000.00 $1,000,000.00 O o O O O O O Go- o O LO fA CO Calendar Year •• •w- •• Review of Water Distribution Fund History c 0 to 0 Q E o U c W L lL w c c 5 x W ++ 0 o o V1 o c 0 0 sr. op Cti V C0 C U U3 b� 0 N O N O in O in O in O �n O in V V M M N N fA U3 U3 U3 U3 U3 U3 U3 U3 Calendar Year •• •w- •• Review of Wastewater Trunk Fun c 0 to cs 0 Q E 0 U 0 c 0 0 X w 0 0 c 0 0 0 > w E U c LL 0 c J c C R 0 to CG OD tt 00 O ❑ CO CO 0 CO 0 O N N O O co co �O El o o N c co CO m °O N $6,000,000.00 $5,000,000.00 $4,000,000.00 $3,000,000.00 $2,000,000.00 $1,000,000.00 0 Calendar Year •• •w- •• Review of Wastewater Collector Fund Histo c o to R Q o U � o LL L J 0 o o U X W W 0 0 0 L w o o LL y > R E U 0 ❑ 0o M 0 t O m 00 ❑ co co co co O O co co co co O O N $1,500,000.00 $1,000,000.00 0 CO 0 N O O N 00 N CO CA O N O N 0 N 0 O N Calendar Year a u_ 4- 4) O S 12 L O O to c 2 2 4) LL 4) L f 4-+ -0 it 4) 4-+ E c O J Q 0 -c = = L c l- 4) > 2 4 L ) 0 co 0 1) N 4) co = O c 0 4) -a X W = • 1) c 4) > O co D c 4- c co 4-+ E. E O D c u_ I-+ It c J c O ti 4) O 0 45 4) V) 5 __co $400,000 was transferred in 2001 • $800,000 was transferred in April of 2005 • $600,000 was transferred in December of 2005 • illustrated on the next ▪ 0 0 D c 4- 4) co 4) 4-+ c O L co c 4) 45 U 0 co 4) E • — to O O • •• •w- •• z E lector Line Trust Fund Wastewater c LLN c c C C N L 1— R Q E o 0.k d 3 EE w R c F c • al 0 c Q ._ W 3 O 0 - c N 3 c d> • LL • N d C > J R 0 3C V C N cti V 3 V y cs 0 Revenues Q co c J N N C w - „, m a c d m a) c d N C X W d' I- 0 <I ❑ Cne 0 0 4 ❑ 0 0 0 O CV 0 CV O 0 0 CO 00 N W $3,000,000.00 $2,500,000.00 $2,000,000.00 $1,000,000.00 O o O O O O O Go- o O LC) fA CO Calendar Year •• •w- •• T z u_ N z L vi W 4- 0 H V , ea a co E P2 co m0 c LL L O c d O — N • O Q o E O 0 w d c 3 l6 :5 L Vs c co o c X w O N c c N E 0 Wastewater Trunk Line Fund, Inc! 0 Revenues I) a) d W d Expenditures plus Transfers N CO N ?0 CO N CO Q ❑ 0 CO O 0 0 Q CO I0.cl ❑ N CO $6,000,000.00 $5,000,000.00 $4,000,000.00 $3,000,000.00 $2,000,000.00 $1,000,000.00 Calendar Year _c D (0 0 2 (U ▪ > CD c a�a) ) a) co C 4- C TI = U) °, ) i > cot (i U N (o O 0 c co r O = U) E i CO ++ E = 4 O Q O 0 ID O E iii L c a) C0 =Q� > `� co U) >' N U) U :1_ N ID E L D CULL o E C �� i �� O ~ = U a a- U) L 4- C.i CU = V) N a) U_ -• 0 N Ri C �� V) -1-0 _ N + o) = _ 0 N O = 1 1 2 _a O >, Ui U) N > U) o o Q ac (o O O (i E 73 a) U) N a � E o cu • • • •• •w- •• Revenue Components for Wastewater Funds Combined O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N (O V N O N (O V S S S sanuanaa $200,000.00 - O O S N O en O Calendar Year •• •w- •• Revenue Components for Wastewater Funds Combined O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N (O V N O N (O V S S S sanuanaa $200,000.00 - 0 LO O 0 V 0 en Calendar Year •• •w- •• N 0 0 c a c o - I-L E o f c -i c Q a ( Ct no U co O Qa O = ,� a. 8 G? Revenue Components for Wastewater Funds Combined 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 el- c) 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N (O V N O N (O V N S S S S sanuanaa N O } 9 C en U •• •w- •• r Qf ▪ oc o a• a W co N `L • I.I. W 7 a) • � • s- o z c - o rmi U w L i. = 3U EL} as m C to O Q O C U LL is J 0 Q w • V W N w U 3 `w a) d to CD CU C� C U 0;o N▪ . N. ❑ 0 ❑ 0 P 0 C 00 $2,500,000.00 $2,000,000.00 co co co co co co co co o o 0 0 o o o O O O o U, Ge 0 N O CNI O LO 0 0 O CO CNI CNI O N CNI O O N O 0 Calendar Year •• • 4I • . •irr ✓ C < 0 N d 3 Co • o N L N cti it a Q- _ LL E o'a i U = c #t N LL ) 3 N i a J : �• W c ID • o 0 W • N a ^+ W ao o E C ai U U 3 d w J a R o r N o o C LL N l06 i o =o CG v w £ W U w ^ •� O U Aft CO 0) 0) TA- Adjusted Revenues t ❑ d Existing Revenues a ❑ o ci▪ d to om Co 0) ❑ O 0 0 N N- O LO 00 N 0 CO O Co co $2,500,000.00 $2,000,000.00 $1,000,000.00 O o 2 2 O o o "' LO LO to O 0 Calendar Year •• • 4I • . Wastewater Trunk Line Trust Fund Before Conn ;tion Surcharge Re- apportionment C 0 cs L 0 0_ E 0 U c d 1— LL w .0 N 0_ X C W i O I- w L d V R C c 0 d d (6) R R E 0 X O W 0 4 ❑ O (N u� u> to (N 03 N- 00 N CO O U, 00 N O N N O co co cc O ❑ O c ,CO 00 N co co ▪ O ❑ °o N O (0 CO $6,000,000.00 $5,000,000.00 $4,000,000.00 $3,000,000.00 $2,000,000.00 $1,000,000.00 N Calendar Year •• • 4I • . Wastewater Trunk Line Trust Fund )portionment After Connect'- harge Re to w c w w w L R 0 O M 3 R a0 E c U o 5 w L W w_ 0 to c w aw X W 0) w 0 3 0 C S CD W • v c CD 3 > LL w C 3 J E • c U 3 L I- w w 3 w w fq 56,000.000.00 e Cd 0 09 w A Adjusted Revenues S4.003.011.14 Fisting Revenues $5,000.000.00 "'4 nnn,000.00 CO LO ccr LO a 4 S3 176,137.33 C 4;3,uuu,000.00 N▪ O to N $2,000,000.00 4 ❑ N- O 0 O LO O N M ❑ ° • $1,000,000.00 O O 0 N N tic Calendar Year © C E a) o C w a) a) W 0 a L a. L I- er Trunk L _0 N" _C O O N N D N U OQM t O -0 C Q 0 Q U) O to E Q cf.) (1) Co (J) Co O L O N O � (5 U N Q U) ca N no Q Lc E L = r O Q 0 U = La. O o •- _ (o %V = 0 a) a) U LO U) > to TO �, C O CU N C U) c U U) 4_ LL (U 0 (U U) Q C Q 0' i N co 2 a) N �j H _c to Q � v)ai =ai v)co L .2 15 .< a) c a) 0) 0 Q • n (a Q E2 n 5 Q Q � N � � � > ti N D c CU U) 1 O U U) -'CO • U) N Q U) co • • Density Factor Y CD 0 V Co 0 U c .0 CD E R Q Y C Maximum Develo 0 0 0 0 0 0 CO CO 0 0 0 0 0 0 0 0 0 0 0 CO CO 0 0 0 0 0 0 0 0 0 0 0 CO CO CO CO '', ,',,. CO CO V N- O) O) w a CO N 0. 0- N M Ln CO N N N N N N N N CO 0 CO 0 0 0 0 0 0 0 L() N- CO L() CO CO CO CO CO CO CO 71- CO CO CO CO CO CO CO CO CO N CO 'Cr CO CO CO CO CO CO CO 0 0' N N F N M Q CC? N CO R 0= Q Q Q 05 0] 0] 0] 0] — — R •• • 4I • . Wastewater Trunk Line Trust Fund Before Conn ;tion Surcharge Re- apportionment C 0 cs L 0 0_ E 0 U c d 1— LL w .0 N 0_ X C W i O I- w L d V R C c 0 d d (6) R R E 0 X O W 0 4 ❑ O (N u� u> to (N 03 N- 00 N CO O U, 00 N O N N O co co cc O ❑ O c ,CO 00 N co co ▪ O ❑ °o N O (0 CO $6,000,000.00 $5,000,000.00 $4,000,000.00 $3,000,000.00 $2,000,000.00 $1,000,000.00 U) N Calendar Year •• • 4I • . Wastewater Trunk Line Trust Fund )portionment After Connect'- harge Re to a) c > U1 a, L R 0 O M 3 a 0 E c U o I) 5 L W w_ 0 to c W aw X W 0 w 3 0 C s CD - v 3 > > LL W C 3 J E c U 3 L I- w 3 fq $6.000.000.00 ▪ 7 e 0 O K 54.003.011.14 A Adjusted Revenues Existing Revenues $5,000,000.00 $4,000,000.00 ci $3,000,000.00 $2,000,000.00 < ❑ ci $1,000,000.00 4 N- O LO O N N ❑ 0 N CO N Calendar Year •• • 41 • • 3 ® Q CO 0 V LL L L r o = O. I • CO eh 6i N t CO v o O� a S n C LLLjjjSiLiLiL��� � a � Lb Lb a ❑ S 2332,80270 n N A on Calendar Year n U) % 4 @ Cl) E E = $ ® S j _C U) $ O 0 1E O 0 2 2 U) b CO c E c = 3 ® O 2 CO > n .> ® p p 2 4J $ g ® C _ _ p - @ 0 CO 0 _._ >, = t E — .� Co k \ • _ 0- .0 $ m % CO c as RS •\ i $ 2 2 a > 2 0 O 7 m 5 . To IA > o CO CD cU C D @ o C 0 CU LL .E 0_ 1 0_ 2 @ F- C • •• • 4I • . ater Distribution I 4-I C E C O E O C 0 Cl) a 0_ E o U c d LL w 0 5 a x w o w 7 Vl 0 0 sr. Cti V C0 C U O c CO N to 0() N to U3 SD 0 O co 0 LO 00 N 0 O CO O Y) O N O N O N O N V V CO CO N N 6.9 U 3 U3 U3 U3 U3 U3 U3 U3 N Calendar Year •• •w- •• ^_^' W [IL N N C c ' o L N uzp H a) s w ca $ a o C = R n 0 1 .a = U Q 0 L ® 5 qy W 0 c L 0 },(a g Ct L 4 0 Vi 0 0 n oll A 0 Co •• •w- •• Connection Surcharge Re C 0 Cl) L R a O L 0 U w LL L C V (6 '0 5 13 0_ t X0 O w_ 0 R L C 0 Q 0 L W w ni w R U c0 g> 0 m N u, e ai LO n w C ❑ CO O N. to LO 0 O O CV LO CV O O CO CV CV O $4,500,000.00 $4,000,000.00 $3,500,000.00 $3,000,000.00 $2,500,000.00 $2,000,000.00 0 0 O 0 LO to $1,000,000.00 O o O O 0 0 o to o O LO to 0 N Calendar Year •• • 4I • . .yTL T E ▪ i 8 O •: ®.w O to a) N 7 Q o R /1 a N i�i� o v d' •' a U =d CD LL c R '0 j V ,e� N a fn IX W G- 'C CD X 0 c (A A3 n 5 = " R 5 a7 c,w 0 A: a a N ce• ::w 0 a�w CD i R C ®� = o UC V) ater A ou ')nnection Adjusted Revenues N w a) N a N N X X Cri W W r 520 48 U 4 ti Vi a N- 0 °O 0 O 0 O CO 0 �vj nk> - -1 El ° O O O 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O LO O in O in O in O in Ge O O Ge N Co Calendar Year •• •. - •• C. a r LL N S/1 •� r L J Q o ▪ a. Q Qi L t o Q 0 is) LL C13 i0 A V1 a a) N N w LL R a) G- CD R t' g a ` LL o w = J J w N V 'a a t N x W o Q o _ a • t o a)a d LL w > � w >. cto P E w o 3 A Adjusted Revenues 0.." Expenditures 0 Existing Revenues n - r to tt 0 0 0 N 0 CNI 0 O 0 v ❑ 0 N co ❑ 0 N 0 0 0 0 0 0 0 0 0 o o o o o o o o o o o 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 V V M M N N EP> EA EA EA EA EA EA EA G co 0 Ge Co Co Calendar Year 0 z 0 a. 0 L 0 0 N ac N E LL N N N c • 4-4' - Co U) a) O c - E. (1) U) E • H U) coc U) • U) ri co L _ cp 0 o_,-; .-N NQ O 0 , co 0 O `- N CO U) 0) Q C 2 = ._ L OL 0 O .E U O .( L Co C -0 °LE C • tCOgE ai a c .; O E V D D O toE O< CD ti -D c° •E 0 92 2 o c 2 . V CO :2 N Co U) N o Q co co _c o C > C (1) L E��0__a D =0-oE N U U O U) E p U) a) < t c.)OO U O C cO ,C C U ti (i L O U) D C U) -' Co QO O o N U) co fa 2 45 -0 C o }, o 2 C o (0a) E = E Co O 0 o.)o C C —a) CC E coD 0- a (i 0 CO D C 4- 4-+ to L A-+ o. U = - E a) co C U .c Q U) ci 4 0 L 0 CO O L- 0 L U) U) a) E O L (n > O a) a) U) U) D 7 O • n O -a• ) U) U) 4 N 0).0 o U U) U) cn ECU a) >' tn >, (U (1) to E U) L LL U) L i U c U).a O D L-7 > CU U) O)� 0.U) H- a U) O L D U)) Q C U) 5 Q ▪ (u U) to ' _ O ND.E U) U _ a v O U O= O U) (U Q (i U 4- v N N N C ▪ � Q O - 4- U O ▪ O 0 _ L E clH N v O tn�oo .ESE U) f N Q.- D (� U) _a N >+N Er co to C .- U) C m L D o n O U) o a) C L f 0 3) CD = +' U CO +� - C U) • ai CO -0 1- U > L ai O 0 to U) CU 3 CU tq U) — N it CU 2 U U) .c o U) (� -0 i C U) to U CO a) U) E o - .x o = p E U) 0 U t = N a) U L O 0 �+ UL E - C_ to 0 U) U) •- 2 a U) S U) O) IL O-C = (n0 C = • • O .c co 'i n Q cej LO _ N / a) N N L- gs a) � O ui -0 E w N O t 0 0 O N O to N = >,O hID co N N n L i O (r e N E a) v N PE N_c E (o .L to > N Q a) N N -C 4- N p (o N C U N 7 C Q L N N (O O O N n 0 0 E L X N +� co j O. L 2 �, E O to _c cn �vLco • ' °>,�coE +J •O N Q� L Q U a) 73 73 L 44- Q o_ fa Q) '- 'in C Q) C E. +-• O O VI to Cv o U�2,L-1-0 0 a. L 0 • 0 L 0 E E 0 0 18 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation of Zero Based Budgeting /Fiscal Year Change. STAFF PRESENTER(S): Name 1. Cindy O'Brien 2. Constance Sanchez 3. Eddie Houlihan BACKGROUND: Title /Position Department Interim ACM - Administrative Services Interim Director of Financial Services Assistant Director of Management & Budget REQUIRED COUNCIL ACTION: No formal action is required at this time. PowerPoint Supplemental Information X Eddie Houlihan Assistant Budget Director EddieHoacctexas.com (361)836 -3792 —445—