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HomeMy WebLinkAboutAgenda Packet City Council - 12/15/2009NIIIIIMINI Decernber 15 2009 11:45 A.M. - Proclamation declaring November 27, 2009 as "Be a Santa to a Senior Day" Proclamation declaring December 15, 2009 as "Corpus Christi Digital City Day" Proclamation declaring the month of December 2009 as "Safe and Sober Month" Letters of Commendation: "Make Amends Program" Corpus Christi Professional Firefighters' Fundraiser Check Presentations Recognition of the CCPD from Commission on Accreditation for Law Enforcement Agencies (CALEA) 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 DECEMBER 15, 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 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 - 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Reverend Greg Hackett, First United Methodist 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 Priscilla Leal Council Members: Chris N. Adler City Manager Angel R. Escobar Brent Chesney Interim City Attorney Lisa Aguilar Larry Elizondo, Sr. City Secretary Armando Chapa Kevin Kieschnick John Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting December 15, 2009 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: (NONE) F. 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. 1. Executive session pursuant to Texas Government Code, Section 551.074 Personnel Matters for deliberations on former Municipal Juvenile Court Judge regarding appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee or to hear a complaint or charge against an officer or employee, with possible action in open session. G. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. Corpus Christi Regional Economic Development Corporation * Landmark Commission * Leadership Committee for Senior Services 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 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. Agenda Regular Council Meeting December 15, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) I. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 3. Motion authorizing the purchase of equipment for a total amount of $81,316 utilizing funds from the 2007 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund 1062. (Attachment # 3) 4. a. Ordinance appropriating $135,867.39 from the Unreserved Fund Balance of General Fund No. 1020 for the design, installation, maintenance and support of audio /video equipment used in broadcasting Government Access Television Programming; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing expenditures by $135,867.39. (Attachment # 4) b. Motion approving an agreement with Media Rushworks, LLC d.b.a. Rushworks , of Flower Mound, Texas, for the Design, Installation, Maintenance and Support of AudioNideo Equipment in accordance with Request for Proposal Number BI- 0230 -09 in the amount of $266,967.39. The term of the agreement is three years. This service will be used by the Public Information Office. Funds are available in the General Fund in FY 2009 -2010. (Attachment # 4) 5. Motion approving the purchase of two (2) mini track excavators from John Deere Construction Retail Sales, of Moline, Illinois in the amount of $58,803.16. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. These units are replacements to the Agenda Regular Council Meeting December 15, 2009 Page 4 6. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) fleet and will be used by the Wastewater Department. Funds are available in the Capital Outlay Budget of the Maintenance Services Fund. (Attachment # 5) a. Motion authorizing the City Manager or his designee to purchase twelve months email archiving services from Government Marketing & Procurement, LLC of Reston, Virginia for Sonian Archive Services in an amount not to exceed $70,460.00 based on GSA Contract # GS -35F- 0858N. (Attachment # 6) b. Motion authorizing the City Manager or his designee to approve purchase of continued annual email archiving services from Government Marketing & Procurement, LLC of Reston, Virginia for Sonian Archive Services subject to annual appropriation of funds based on GSA Contract # GS- 35F-0858N. (Attachment # 6) 7. Ordinance authorizing the City Manager, or his designee, to execute an amendment to the Airport farm lease agreement with Matt Danysh to modify the lease premises effective December 1, 2009 and extend the term until August 31, 2012. (Attachment # 7) 8. Resolution approving amendment to the City investment policy to change the maximum total amount that may be invested in any Public Funds Investment Pool to be five percent of the total current invested balance of the pool; changing the maximum total amount that may be invested in any one overnight Public Funds Investment Pool to thirty percent and other administrative changes; and approving the investment policy as amended. (Attachment # 8) 9. Resolution reaffirming the Debt Management Policy for the City of Corpus Christi. (Attachment # 9) 10. Resolution supporting the fundraising activities of the Columbus Sailing Association for the Columbus Ships. (Attachment # 10) Agenda Regular Council Meeting December 15, 2009 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 11. Motion authorizing the City Manager, or his designee, to execute a construction contract for the Base _Bid No. 1, Schedule B with Bay, Ltd., of Corpus Christi, Texas in an amount not to exceed $479,827 for the Corpus Christi International Airport for the Taxiway B4 Widening between West General Aviation Apron and Taxiway F. (Attachment # 11) 12. Motion authorizing the City Manager, or his designee, to execute a construction contract with Malek, Inc. of Corpus Christi, Texas in the amount of $705,023 for the Museum of Science and History HVAC /Air Handling Unit/Chiller /Generator and Fire /Security Repairs and /or Replacement for the Total Base Bid and Additive Alternate Bid No. 2. (BOND ISSUE 2008) (Attachment # 12) 13. Motion authorizing the City Manager or his designee to execute a construction contract with A. Ortiz Construction and Paving of Corpus Christi, Texas, in the amount of $370,950 for Rolled Curb and Gutter Replacement FY 2009 -2010 for the Total Base Bid Part A and Part B. (Attachment # 13) 14. a. Motion authorizing the City Manager, or his designee, to execute the Interlocal Cooperation Agreement between the City of Corpus Christi and Nueces County for an amount up to $1,200,000 to be paid by Nueces County and $1,200,000 to be paid by the City for the shared total project cost of widening and improving County Road 52 from County Road 69 to US 77. (subject to the approval of Nueces County) (BOND ISSUE 2008) (Attachment # 14) b. Ordinance appropriating an amount of $1,200,000 in anticipated revenues from Nueces County in the No. 3530 Street CIP Fund for the joint project between the City and Nueces County to widen and make certain improvements to County Road 52 known as the County Road 52 (from County Road 69 to US 77) Project; changing the FY 2008 -2009 Capital Improvement Budget adopted by Ordinance No. 028006 to increase appropriations by $1,200,000. (Attachment # 14) Agenda Regular Council Meeting December 15, 2009 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) c. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Maverick Engineering Inc. of Corpus Christi, Texas, in the amount of $254,477 for preliminary design, design, bid and construction phase services, and additional services for County Road 52 from County Road 69 to US 77. (subject to the approval of the Interlocal agreement with Nueces County for the shared funding of County Road 52) (BOND ISSUE 2008) (Attachment # 14) d. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Maverick Engineering Inc. of Corpus Christi, Texas, in the amount of $132,040 for preliminary design, design, bid and construction phase services, and additional services for County Road 69 from County Road 52 to FM 624. (BOND ISSUE 2008) (Attachment # 14) 15. Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 36 regarding Adopt A Park Procedures. (Attachment # 15) 16. Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 Regarding Public Access Rules and Procedures, to renumber subsections; revising and updating Subsection 1 Rules for Participation, Subsection 2 Technical Standards and Production Requirements, Subsection 3 How Programs are Scheduled and Cablecast, Subsection 4 Defined Terms, Subsection 5 Amendments to Rules, Subsection 6 Violations of Rules, providing for publication; and providing an effective date of February 1, 2010. (First Reading — 12/08/09) (Attachment # 16) 17. a. Motion to amend Ordinance prior to Second Reading to abandon and vacate a portion of Resaca Street public right - of -way by revising the area of the property from an 82,830 - square -foot portion to a 73,830- square -foot portion of Resaca Street right -of -way, the revised area being property shown on the attached survey and more particularly described in the attached metes and bounds. (Attachment # 17) Agenda Regular Council Meeting December 15, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Second Reading Ordinance - Abandoning and vacating an 82,830- square foot portion of the Resaca Street public right - of -way Tying adjacent to Sam Rankin Street and west of North Tancahua Street (as shown on the attached survey and more particularly described in the attached metes and bounds), subject to compliance with the specified conditions. (First Reading — 12/08/09) (Attachment # 17) 18. Second Reading Ordinance - Renaming the park located at 3221 Richmond at Up River Road and IH 37 from "Jackson Woods Park" to Matthew Thebeau Memorial Park. (First Reading — 12/08/09) (Attachment # 18) J. PUBLIC HEARINGS: COTTAGE HOUSING DISTRICT: 19. Public Hearing for Proposed Cottage Housing District Ordinance; by adding a new Article 6B, "Cottage Housing District "; by including new definitions; by revising sections 4A -2, 4B -2, 4C -2, 5 -2, 10 -2, and 13 -2 to allow cottage housing as a permitted use; and providing development standards and regulations; providing for increased density and low- impact development on smaller lots within the city limits. (Attachment # 19) ZONING CASES: 20. Case No. 1109 -03, N. M. Edificios, LLC: A change of zoning from the "F -R" Farm -Rural District to the "1 -2" Light Industrial District on property described as 32.41 acres out of State Survey No. 402 and 316, located at 8602 State Highway 44, generally located approximately 1,500 feet east of Clarkwood South Road, and west of South Bockholt Road. (Attachment # 20) Planning Commission and Staffs Recommendation: Approval of the "1 -2" Light Industrial District. Agenda Regular Council Meeting December 15, 2009 Page 8 ORDINANCE CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Amending the Zoning Ordinance, upon application by N. M. Edificios, LLC, by changing the Zoning Map in reference to 32.41 acres out of State Survey No. 402 and 316, located at 8602 State Highway 44, from "F -R" Farm -Rural 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. 21. Case No. 0809 -02, Mostafa Bighamian: A change of zoning from "B -4" General Business District to an "1 -2" Light Industrial District on the property described as Woodlawn Estates, Block 4, Lots 11 and 12, generally located on the north side of South Padre Island Drive, approximately 2,800 feet southeast of Airline Drive. (Applicant request to table until January 26, 2010) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 22. Discussion and possible action concerning the Memorial Coliseum project. (To be considered at approximately 2:30 p.m.) (Attachment # 22) 23. Second Reading Ordinance - Approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (First Reading — 12/08/09) (Attachment # 23) 24. Motion authorizing the City Manager or his designee to execute an amendment to the service agreement with Dolphin Sales and Service, Inc., doing business as Dolphin Recycling, to establish a new term of 15 years, set a minimum monthly volume of recycling, establish fees and rebates, and modify other contractual provisions, subject to execution of the amendment by Dolphin. (Attachment # 24) 4 Agenda Regular Council Meeting December 15, 2009 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 25. Motion authorizing the City Manager or his designee to execute all documents necessary to enter into a three -year service contract with Humana Insurance Company of Louisville, KY to provide a retiree health insurance plan and other related services to Medicare - eligible retirees, dependents, and survivors participating in the Citicare Plan in accordance with Request for Proposal Number BI- 0153 -09. (Attachment # 25) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 26. FY 2009 -2010 First Quarter Budget Performance Report (Attachment # 26) 27. City Council Administration Committee Update (Attachment # 27) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) 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 Agenda Regular Council Meeting December 15, 2009 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. CITY MANAGER'S COMMENTS: (NONE) O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin bard at the front entrance to City Hall, 1201 Leopard Street, at QVA p.m., on December 10, 2009. it om 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 Lily 01 Cori ms [:Iln sli © • orpus Christi 4 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 NO ATTACHMENT FOR THIS ITEM 2 a. CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION — Two vacancies with terms to 12- 31 -12. DUTIES: To perform as an advisory board to the City Council and to investigate and recommend to the Council such projects as in its opinion would be advantageous to the future growth of the City and to assist the City in the establishment and location of industries. COMPOSITION: Fifteen (15) directors, four (4) directors appointed by the City Council for three -year staggered terms and one (1) director (Council Member) appointed by the Mayor of the City of Corpus Christi. The remainder of the Board shall be comprised of not more than six (6) persons elected by the Corporation's membership in accordance with its bylaws, two (2) appointed by the Port; the Mayor shall also serve as an ex- officio, voting director. The City Manager and Port Director shall serve as ex- officio, non - voting members. The directors shall serve not more than two, consecutive, three -year terms staggered as provided in the Corporation's bylaws; provided that the term of office of any director who is a public official shall coincide with his or her term of public office. MEMBERS Charlie Hicks (Membership) *Edward Martin (City) Sam Beecroft (City) * *Leon Leob (City) Gene Guernsey (City) Chris N. Adler (Mayor Appt) Rep. Judy Hawley (Port Authority) Mike Carrell (Port Authority) Dennis Payne (Membership) Paul Trevino (Membership) Tony LaMantia (Membership) Colleen McHugh (Membership) David Engel (Membership), Chair Garry Bradford (Membership) Mayor, Joe Adame Port Director, John LaRue City Manager, 'Angel Escobar TERM 12 -31 -10 12 -31 -09 12 -31 -11 12 -31 -09 12 -31 -10 Term of Office (Voting) 12 -31 -10 12 -31 -08 12 -31 -08 12 -31 -09 12 -31 -10 12 -31 -09 12 -31 -10 12 -31 -09 Term of office, Voting Ex- Officio, NonVoting Ex- Officio, Nonvoting ORIGINAL APPTD. DATE 02 -22 -00 12 -09 -08 09 -11 -07 12 -10 -02 05 -19 -09 (Note: The Corpus Christi Regional Economic Development Corporation is recommending the new appointment of Sandra Alvarez or Art Granado and the reappointment of Leon Loeb.) Legend: *Term has expired and is ineligible for reappointment * *Seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation -5- ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NAME Leon Loeb NO. OF MTGS. NO. % OF ATTENDANCE THIS TERM PRESENT LAST TERM YEAR 11 9 82% OTHER INDIVIDUALS EXPRESSING INTEREST Sandra Alvarez Cliff Atnip Jack Baker Richard Bell Dianna Bluntzer -Dura Regional Manager - External Affairs, AT &T Texas. Attends Texas A &M University - Corpus Christi. Activities include: Chamber of Commerce, Del Mar College Foundation, Big Brothers Big Sisters and Rotary Club of Corpus Christi. Recipient of LULAC Outstanding Community Leader, 2007, Big Sister of the Year,2008 and Y Women in Careers, 2009. (6- 12 -09) Real Estate Sales, Cobb, Lundquist & Atnip. Received Bachelor of Business Administration from Baylor University. Activities include: Church and Toastmasters. Currently Serves on the Building Code Board of Appeals and CCCIC /Loan Review Committee. (6 -5 -09) Owner, B & J's Pizza and J.A.K.C. Incorporated. Attended University of Michigan. Activities include: Volunteer for Ark Assessment Center, Public Broadcasting Committee, Board of Governors — Corpus Christi Country Club and Volunteer and Member of Catholic Dioceses. Recipient of Best of Best Awards from Caller Times. (4- 20 -09) Director, Texas A &M Corpus Christi — Coastal Bend Business Innovation Center. Received a BS in Management and MA in Accounting. Activities include: CCYC, YWCA and Corpus Christi Sunrise Rotary. Licensed United States Coast Guard Master. (10- 12 -09) Realtor. Received BA in Art History from The University of Texas at Austin. Attended Sotheby's, London, United Kingdom, Works of Art Program, Universidad Iberoamericana, Ciudad de Mexico and Loyola University, New Orleans. Recipient of Multiple Sales Achievement Awards. Currently Serves on the Arts and Cultural Commission. (9- 21 -09) James L. Boller IV Vice President, Jim Boller & Asociates, Inc. Activities include: Corpus Christi Country Club. (4- 24 -09) Tamara Brennan Barry L. Brown Owner, Uptown Business Services, LLC. Attended Mitchell College. Licensed Real Estate Broker. Formerly served on Mystic Junior Woman's Club, Ormond Beach Garden Club, and Oceanside 9's. (12- 22 -08) President, Corpus Christi Region, Kleberg First National Bank. United States Navy Reserve Officer- Captain. Received Bachelor's Degrees from Southeastern Louisiana University and Attended Law School at Louisiana State University. Activities include: Corpus Christi Mustangs, USO of South Texas, Navy League of United States Corpus Christi Council, Kiwanis Club of Corpus Christi, Texas A &M University of Corpus Christi College of Business Advisory Board, Navy Supply Corps Foundation and Naval Reserve Association. Veteran of Operation Iraqi Freedom, Operation Enduring Freedom and Operation Desert Shield/Desert Storm. Currently Serves on the Arts and Cultural Commission. (8- 26 -09) Robert Cagle Vice President of Turnaround Division, Repcon, Inc. Received BS in Engineering Science and Mechanics from North Carolina State University and Masters of Business Administration from Lamar University, Beaumont. Activities include: Member of Rotary Club of Corpus Christi and Serves on Marina Advisory Committee, but will resign if appointed to this board. (4- 14 -09) Cristi J. Caviness Tax Accountant, Rooke Scanio Interests, Ltd. Received B.B.A. from University of the Incarnate Word, San Antonio, Texas. (5- 13 -09) Ariana Cordero Graduate, West Oso High School. Former Activities included: National Honor Society, Student Council, and Interact Club. (10 -3 -08) Carl Crull Vice President, HDR Engineering, Inc. Received BS in Civil Engineering and MBA. Activities include: United Way Board. (6- 15 -09) Sherri Darveaux Retired, Former Librarian, Engineering Training Developer, and Trainer Business Software Applications. Received Master of Arts in Education, from University of Texas at San Antonio, Texas and Master of Library Science from University of Arizona. Attended Executive Program at Anderson Graduate School of Business, University of California, Los Angeles. Activities include: Member of National Library Science Honor Society and Local Antiquing Group. (4- 21 -09) Dr. Haysam D. Dawod Dentist, Dawod Dental. Received BS in Biology from Corpus Christi State University and Doctor of Dental Surgery from University of Texas health Science Center Dental Branch - Houston. Activities include: ADa, TDA, NVDDS, Rotary Club and Boy Scouts. Formerly Served on the Del Mar Board of Regents. (4- 23 -09) Jeff Edmonds Branch Manager, URS Corporation. Received BS in Civil Engineering and Master of Engineering from North Carolina State University. Received MBA from University of North Carolina. Activities include: Corpus Christi Rotary Club. Currently Serves on the Water Resources Advisory Committee. (11- 21 -07) Victor Frazier Student Supervisor, Texas A &M University - Corpus Christi. Received a BA, MA, MS, and PhD. Activities include: Minister - Church of Christ. (4- 16 -09) Roland Gaona Commercial Realtor, Self - Employed/The Clower Company. Attended College. Activities include: LULAC. (5- 27 -09) Mike Garey Preparation Chef, OMNI Hotels. Received degree in Architecture from University of Arkansas and a degree in General Business from Texas A &M University - Corpus Christi. Activities include: Habitat for Humanity. (4 -22- 09) Pablo Arturo Garza Project Engineer, Maverick Engineering, Inc. Received Bachelor of Science from Texas A &M University- Kingsville. Activities include: Special Olympics Texas and Youth Group at Our Lady of Perpetual Help Catholic Church. (4- 10 -09) Patrick Geary Owner, Fiesta Insurance Corporation. Attended University of Houston. Who's Who Among American Small Business Owners. Member of Chamber of Commerce. (5- 18 -09) Jean Marie Giegerich Owner, The Place of Houses, LLC. Received Bachelor of Science from University of Texas at Austin and Attended Clare College at Cambridge, England. Member of the Community Youth Development (78415) Program Steering Committee. (6 -8 -09) Timothy Goss Coretta Graham, Esq. Art Granado Paul Grivich Chris Hamilton Gail Hoffman Registered Representative /Agent, New York Life. Former Special Agent with United States Army Intelligence. Received Associates Degree from Harold Washington College, BS in Sociology from University of the State of New York and Master of Public Administration from Troy University. Attended Japanese Language School — Read, Writes, and Speaks Japanese. (4- 21 -09) Self - Employed, Attorney — Graham Legal Services. Received BA from Douglass College, Rutgers University at New Brunswick, New Jersey and J.D. from TSU Thurgood Marshall School of Law at Houston, Texas. Activities include: State Bar of Texas Diversity Committee, Coastal Bend Women Lawyers, Leadership Corpus Christi, Kiwanis, Corpus Christi Bar Association, NAACP, and Black Chamber of Commerce. Serves on the CCCIC /Loan Review Committee. (4- 24 -09) Owner, The Insurance Group. Attended Texas A &I University at Kingsville, Texas. Activities include: The Heart of Corpus Christi and CBAHU. Currently Serves on Corpus Christi Convention and Visitors Bureau. Graduate of Leadership Class XXVIII. (12- 10 -09) President, Grivich Minerals and Ming Corporation. Received BS in Political Science from Sam Houston State University. Serves on the Nueces County Civil Service Commission. Formerly Served on Nueces County Tax Appraisal District -Vice President, Hispanic Chamber of Commerce, and Zoning Board of Adjustment. (4- 14 -09) Vice - President, KJM Commercial, Inc. Received Bachelor of Science in Construction. Activities include: Associated General Contractors Board of Directors. Serves on the CCCIC /Loan Review Committee. (12- 10 -08) Executive Director, Images for Conservation Fund. Formerly Executive Director, Associated General Contractors. Received Bachelor of Arts (Government) from the University of Texas at Austin. Graduate of Leadership Corpus Christi Class XV and Leadership Texas 2002. Activities include: City of Corpus Christi Development Services Advisory Group, Co -Chair of the Images for Conservation Photo Contest South Texas, Business Partner with Moody High School Industrial Trades Academy, and Corpus Christi Independent School District Career and Technology Advisory Committee. (12- 16-08) Mariah Howard William Paul Hunt Robert Jacobi Jacey Jetton Shon Jimenez Jeffrey Kane Randy Lara Yvette Jaurigui Lara Senior, Mary Carroll High School. Activities include: Youth Advisory Committee, Environmental Society, and Junior Council. Currently Serves on the Human Relations Commission. (11- 10 -08) Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University - College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (6 -4 -09) Retired, Deputy Director of the Port of Corpus Christi. Received BS from United States Merchant Marine Academy, MS from University of Connecticut at Storrs, and MBA from University of Texas at Austin. Activities include: Volunteer at Driscoll Children's Hospital and Kids in the Neighborhood Head Start. (5- 21 -09) Manager, Galaxy Glow Mini Golf, LLC. Received Associates of Business from Northwood University at Cedar Hill, Texas. Served in the Hawaii Army National Guard. (5- 18 -09) President, Metal Scene News Corp. Currently Attending Colorado Technical University Online. Activities include: Organization for Single Fathers —Child Support and CorpusChristiBayArea.com. (8- 31 -09) Comptroller, Sam Kane Beef Processors. Received BBA in Marketing from Texas A &M University - Corpus Christi. Activities include: PRIDE Corpus Christi Volunteer, American Cancer Society Cattle Baron's Ball. Graduate of Leadership Corpus Christi Class XXXVIII. (11- 18 -09) Prepress Supervisor, Printers Unlimited. Attended Del Mar College, Texas A &M University in Kingsville and Southwest Texas State University at San Marcos, Texas. Activities include: Boy Scout Troop #162. Recipient of Addy Awards for Graphic Design and Gold and Silver Aster Awards for Medical Marketing Campaign. (12 -4 -08) Assistant Director of Alumni Services, Del Mar College. Previously Director of Business Development, Greater Corpus Christi Business Alliance in Economic Developmetn. Received BA in International Relations from St. Mary's University at San Antonio, Texas. Formerly a Board Member of Corpus Christi State School, Dress for Success and Junior League of Corpus Christi. Fluent in French, Spanish and Japanese. (12 -7 -09) Mary Leyendecker Jerry Lipstreu Ed A. Lopez Gary Malone Owner, Wow! The Smallest Gallery in Texas. Received BA in Communications from University of Houston. Activities include: Art Center, Downtown Art Walk, Festival of the Arts, Nueces County Historical Society — President, and Gulf Coast Indian Confederation. Member of Editorial /Advertising Staff of We the People Newsmagazine, Cracker Barrel' Journal, San Angelo Standard- Times, Angleton Times, Brazosport Facts and KZTV -TV. Recipient of Toby Award from Corpus Christi Council of PTA. (8- 26 -09) Area Manager, Kleinfelder. Received B.A. from University of Texas at Austin. Activities include: West Corpus Christi Rotary and Port Aransas Boatmen. (4 -30- 09) Chief Lending Officer, Executive Vice President, Advisory Director, Texas Champion Bank. Received BBA- Finance from Texas A &I University, Kingsville, Texas and Graduate School of Banking from University of Wisconsin, Madison, Wisconsin. Activities include: Nueces County Tax Appraisal District Board Member. (4- 16 -09) Community Bank President Coastal Bend Market, Wells Fargo Bank. Received BA from Oklahoma Baptist University and MBA from Oklahoma City University. Activities include: Corpus Christi Chamber of Commerce, Corpus Christi Rotary Club, Corpus Christi Community Development Corporation, American Cancer Society, American Heart Association, and United Fund. (11- 24 -08) Michelle Mazur - Armstrong Received B.S. from Texas Tech University. Interested in Serving the Community. (3 -3 -09) Peter G. Melve Mark Minutaglio Joel S. Mumphord Transportation Supervisor, Regional Transportation Authority. Received an Associate Degree in Social Work/Liberal Arts and Bachelor's Degree in Business Administration/Management. Activities include: Westside Business Association and Foster Parent. (3 -2 -09) President, South Texas Provisions. Received BA in Business Management from Penn State University. Currently serves on Advisory Committee on Community Pride. (8- 18 -09) Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (5- 21 -09) —11— Gerard Navarro, Jr. Adam Nuse Keith Parker Monica Pena -Moore Brian Perez Richard Pulido Donald E. Russell Substitute Teacher, Corpus Christi Independent School District. Currently attending Texas A &M- Corpus Christi. (5- 14 -09) Vice President, Corpus Christi Hooks Baseball Club. Received BusinessMlarketing Degree from University of Oklahoma and Masters Degree in Sports Management from Wichita State University. Activities include: USO of South Texas and American Red Cross. Graduate of Leadership Corpus Christi Class 37. (8 -4 -09) Senior Mechanical Engineer, Bath Engineering/Noresco. Received BS in Mechanical Engineering. Activities include: ASHRAE and AEE. Serves on the CCCIC /Loan Review Committee. (4- 23 -09) Director of Special Events, Corpus Christi Chamber of Commerce. Activities include: Cub Master, Wednesday Morning Group, Task Force for national Multiple Sclerossis Society, Annual MS 150 Ride, Junior Achievement, and Relay for Life with the American Cancer Society. (12 -1 -08) CEO, Brian Adkins Wealth Management. Received BBA in Accounting and MBA in Finance from Texas A &M University at College Station. Activities include: Financial Industry Regulatory Authority, Texas A &M Alumni Association, Boys and Girls Club, and Family Counseling Service. Member of Texas Scholars. (12 -7 -09) Senior Program Manager for IM/IT, SMARTnet, Inc. Formerly Regional Superintendent/Joint Program Director, United States Navy Space and Warfare Command. Received BS, Business Management from Park University and MS Management Graduate Degree at Embry- Riddle University. Retired Chief United States Navy. Activities include: Senior Deacon and Chairman — Master Plan Committee at Real Life Fellowship. (11- 20 -09) President, Negotiations & Contracts Consultants, Inc. Received BS in Business Administration and Accounting from University of Kansas, Graduate Work in Information Systems from The George Washington University and Law Courses from William Howard Taft University. Activities include: Licensed Pilot and Professional Vocalist. Named Buyer of the Year by Mid - American Minority Business Development Council (2007). Currently Serves on the Sister City Committee. (4- 16 -09) Michael 0. San Miguel Woodrow Mac Sanders Latrice M. Sellers Jodi Steen Jennifer Taylor Steve Trubatisky Greg Welch Marsha Williams Received BS from University of Texas -San Antonio. Formerly Served on Small Business Advisory Board. Participated in City of Corpus Christi Citizen University (2007). Activities include: CompTIA and Pearson. (10 -6- 09) Retired - Medical Social Worker, Texas Department of State Health Services. Received Bachelor of Arts from Texas A &I University, Kingsville, Master of Science - Psychology /Counseling and Guidance from Corpus Christi State University and Post Masters Degree work toward ED.D. Activities include: Licensed Baccalaureate Social Worker, Adjunct Professor of History at Coastal Bend College, and Board Member of Selective Services System. (4 -4 -09) Self - Employed. Received A.A. in Communications from Del Mar College and BA and MA from Minnesota Graduate School of Theology. Activities include: Community Organizer Currently Serves on the Cable Communications Commission. Recipient of Citizen of the Year Award and Rosa Parks Award. (4- 15 -09) President, JRS Ventures, Inc. Received BBA in Finance and Marketing. Activities include: Board of Trustees for Art Museum of South Texas and BACC. Currently serves on CCCIC /Loan Review Committee. (4- 16 -09) IT Recruiter, Integrity Workforce Solution. Received Associates Degree in Applied Science from San Antonio College. (8- 10 -09) Real Estate Broker Associate, Realty World Island Properties. Attended Tarleton State University, Stephenville, Texas. Activities include: Corpus Christi Association of Realtors. (2- 11 -09) Business Development Director, Valiant Petroleum, Inc. Received Bachelor of Science from University of South Alabama and Masters of Business Administration from Auburn University. Activities include: March of Dimes and American Heart Association. (10 -7 -09) Realtor, Re/Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (4- 17 -09) Gary Wilson City President, BBVA Compass Bank. Received Bachelor of Business Administration from Texas State University and attended Southwest Graduate School of Banking at Southern Methodist University. Graduate of Realtors Institute — Texas Real Estate Broker. Activities include: Port Aransas Preservation and Historical Association Trustee and President of Driscoll Children's Hospital Development Board. (11- 21 -08) b. LANDMARK COMIVIISSION - Five (5) vacancies with terms to 11 -20 -10 and 11 -20- 12 representing the following categories: 1- Real Estate. 1- Title Search, 1- Historian, 1- Regular Member and 1 — Architect. DUTIES: To promote the use of historical and cultural landmarks for the culture, prosperity, education, and general welfare of the people of the City and visitors to the City. COMPOSITION: Fifteen (15) members nominated by individual City Council Members and appointed by a majority vote of the Council. Insofar as possible, the numerical composition shall correspond to the ethnic, gender, and economic distribution of the City according to the last Federal Census report. All members shall have knowledge and experience in either the architectural, archaeological, cultural, social, economic, ethnic or political history of Corpus Christi. Representation of the following competencies shall be appointed as members to the commission: Two (2) historians, two (2) licensed real estate salespersons, two (2) registered architects, one (1) structural or civil engineer, two (2) history teachers, one (1) person knowledgeable in title search and/or property surveyor and five (5) other members. No one profession will constitute a majority of the membership. MEMBERS *Kris Cardona (Real Estate) * *Arthur Zeitler (Title Search) * * ** *Bunny Tinker (Historian) Anita Eisenhauer (Historian) Susan Ashley Kessler (Regular Member) * * * *Randi Evans (Regular Member) David Brown (Architect), Chair Mary Lou Berven (History Teacher) Kim Charba (Regular Member) James E. Klein (History Teacher) Craig Thompson (Engineer) Leo Rios (Real Estate) Susie Rucker (Regular Member) Marie Guajardo (Regular Member) *Herb Morrison (Architect), Co -Chair Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation TERM 11 -20 -09 11 -20 -09 11 -20 -09 11 -20 -11 11 -20 -10 11 -20 -10 11 -20 -10 11 -20 -11 11 -20 -10 11 -20 -11 11 -20 -11 11 -20 -11 11 -20 -10 11 -20 -11 11 -20 -09 ORIGINAL APPTD. DATE 7 -07 -09 12 -12 -06 5 -15 -01 12 -12 -06 7 -07 -09 2 -19 -08 3 -02 -04 11 -11 -08 7 -07 -09 11 -11 -08 3 -02 -04 2 -19 -08 2 -19 -08 3 -11 -08 3 -02 -04 The Landmark Commission is making the following recommendations: Reappointment and realignment of the following member: Kris Cardona from Real Estate to Title Search Reappointment of the following member: Architect Category: Herb Morrison New appointments of the following members: Real Estate Category: Laura Commons Regular Member Category: Alan Wahlstorm Historian Category: Dr. Mark Robbins ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Kris Cardona 4 2(2exc) 50% Herb Morrison 10 7(3exc) 70% OTHER INDIVIDUALS EXPRESSING INTEREST Rodney Buckwalter Manuel J. Cavazos III Samantha Chase Laura Commons Manager, Training & Quality, First Data Corporation. Received A.A. from Del Mar College, B.A. and M.S. from Texas A & M University — Corpus Christi. Activities include: Management Development Advisory Committee — Del Mar College, American Society for Training and Development, Patriot's Band and Honor Guard of America. (Regular Member) (6 -5 -09) Substance Abuse Tech, South Texas Substance Abuse Recovery Services. Currently a Senior at Texas A &M University - Corpus Christi. Activities include: Delta Chi International Social Fraternity. (Regular Member) (11 -30- 09) Special Education Instructional Paraprofessional II, Corpus Christi Independent School District. Received a Master's Degree in Education. Activities include: Kappa Delta Pi, Golden Key International Honor Society, International Reading Association and Student Reading Council. (Regular Member) (11- 18 -09) Realtor, Remax Metro Properties. Graduate of Del Mar College -Real Estate License. Activities include: IWA PTA and Texas Real Estate Political Action Committee. Recipient of Women's Council of Realtors Member of the Year 2004. (Real Estate or Regular Member) (9- 28 -09) Melissa Espitia Ad Sales Coordinator, USDM.net. Graduate of Texas A &M University - Corpus Christi. Activities include: Art Museum of South Texas, Women's Shelter, and The Cattery. (Regular Member) (10 -9 -09) Patrick Geary Owner, Fiesta Insurance Corporation. Attended University of Houston. Who's Who Among American Small Business Owners. Activities include: Beach and Boating. (Regular Member) (5- 18 -09) James Hoenscheidt Broker Associate, Joe Adame & Associates, Inc. Attended College. Special Award for Value Improvement Program (Real Estate or Regular Member) (5- 28 -09) Karen Howden Retired American History Teacher, Flour Bluff Independent School District. Received BS in Education from Corpus Christi State University. Activities include: Nueces County Historical Commission and Texas Outdoor Education Association. Recipient of 2005 Region 2 Education Service Center Regional Secondary Teacher of the Year. (Historian or Regular Member) (12 -7 -09) Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University- College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (Regular Member) (6 -4 -09) Assistant Professor, Del Mar College. Received B.A. in History from the University of Michigan -Ann Arbor, A.M. and Ph.D. in History from Brown University. Activities include: Phi Alpha Theta, American Historical Association, Rhode Island Historical Society, Chicago Historical Society and Economics History Association. (Historian or Regular Member) (12- 12 -09) William Paul Hunt Dr. Mark Robbins Stefany Tegeler Schade Self - Employed/Owner, TorOso Financial Group, LLP. Received Bachelor's and Master's in Accounting from Texas A &M University - Corpus Christi. Activities include: National Association of Professional Women and Texas Society of Certified Public Accountants.(Regular Member) (5- 28 -09) Jennifer Taylor IT Recruiter, Integrity Workforce Solution. Received Associates Degree in Applied Science from San Antonio College. (Regular Member) (8- 10 -09) Sean M. Thorson Allen Wahlstrom Sr. Mortgage Banker, Envoy Mortgage. Attended Brigham Young University, University of Texas, and School of Mortgage Lending at Washington State. Previously involved with Pacific Coast Mortgage Dreams, Coaching Girls Youth Soccer Team, and Sno -King Youth Club. (Real Estate or Regular Member) (6-2 -09) Firefighter -EMT, Naval Air Station, Corpus Christi Fire & Emergency Services. Attended Tarrant County Junior College, Pensacola Junior College and Grand Canyon University at Phoenix, Arizona. Activities include: Web Designer and Youth Cycling League. (Regular Member) (5- 11 -09) c. LEADERSHIP COMMITTEE FOR SENIOR SERVICES — Three (3) vacancies with terms to 2 -1 -10 and 2 -1 -11 representing the following categories: 1- Community Representative, 1 — Direct Service Agency and 1- Senior Companion Program (S.C.P.) Volunteer. (Note: Staff is recommending that the Senior Companion Program (S.C.P.) Volunteer vacancy be postponed. Staff is reviewing the board composition and they plan to submit an amendment for Council consideration.) DUTIES: To assist the Senior Community Services division staff in the development of comprehensive senior citizens program plans; to advise the SCS division staff of the needs for services according to locally conceived priorities; to review and evaluate SCS operations; to increase recognition of volunteers and public awareness of the division by coordinating and planning special events; and to coordinate and plan fund raising activities to benefit SCS division goals. COMPOSITION: Fifteen (15) members representing the following categories: 2 - Senior center participants, 2 - Retired and Senior Volunteer Program (R.S.V.P.) volunteers, 2 - Senior Companion Program (S.C.P.) volunteers, 3 - Direct service agencies, and 6 - Community representatives. Initially, eight (8) members shall be appointed for a term of one -year and seven (7) members shall be appointed to two -year terms. ORIGINAL MEMBERS TERM APPTD. DATE Lindsey Edwards (Agency) 2 -01 -11 7 -21 -09 ** *Michael Ramsey (Community), Co -Chair 2 -01 -11 2 -24 -09 ****Ruth Perez (Agency) 2 -01 -10 10 -14 -08 Patricia Byrd (Senior Ctr.) 2 -01 -11 7 -21 -09 Miltan A. Martiz (Senior Ctr.) 2 -01 -10 3 -21 -06 Vicki N. Garza (R.S.V.P.) 2 -01 -10 8 -26 -08 Donna Marie Rodriguez (R.S.V.P.) 2 -01 -11 2 -10 -04 * * * *Hilarion Villanueva (S.C.P.) 2 -01 -10 4 -08 -08 Vacant (S.C.P.) 2 -01 -09 Dotson G. Lewis, Jr. (Community), Chair 2 -01 -11 4 -08 -08 Cecilia G. Huerta (Community) 2 -01 -10 2 -24 -09 Sherri Darveaux (Community) 2 -01 -11 2 -24 -09 Theresa M. Swirenko (Agency) 2 -01 -11 10 -14 -08 Marilyn J. Upmanyu (Community) 2 -01 -10 7 -21 -09 Adelfa M. Martinez (Community) 2 -01 -10 2 -24 -09 Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation (Note: The Leadership Committee for Senior Services is recommending the new appointment of Arnold Villarreal (Community). They are also recommending Maria Clarissa Lopez as first alternate and Esperanza "Hope" Lopez as second alternate. The Committee is also recommending the new appointment of Maria Clarissa Lopez (Direct Service Agency). They are also recommending Carmela Ouintanilla as first alternate, Wesley Sanders as second alternate, Ronald Moore as third alternate, and Terence Klinger as fourth alternate.) INDIVIDUALS EXPRESSING INTEREST Hubert Hall Ida Alvarado Hobbs William Paul Hunt Terence F. Klinger Retired, City of Corpus Christi Assistant Water Superintendent. Received BS from Indiana State. Attended General Motors Institute, Industrial Engineering and Illinois Central College. Activities include: Local Draft Board, Local Emergency Planning Committee, Corpus Christi Community Advisory Committee, Lyndell Bissel Community Action Panel, and Tuloso- Midway Intermediate School Kid's Hope USA. (Community) (8- 10-09) Risk Manager/Registered Nurse, Corpus Christi Medical Center. Received Bachelor of Science in Nursing. Activities include: CASA Volunteer. Recipient of Outstanding CASA Volunteer of the Quarter. (Community) (4- 22 -09) Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University- College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (Community) (6 -4 -09) Bus Operator, Regional Transit Authority. United States Air Force Administration Specialist. Formerly Owned and Operated Midwest Pro Wrestling Academy. Formerly served as Community Outreach Representative for Metro Transit with Teens Alone, Streetworks and Homeless Connect, Minneapolis, Minnesota. (Direct Service Agency or Community) (10- 13 -08) Esperanza "Hope" Lopez Retired, Bookeeper. Currently 2009 -2011 Lindale Senior Center Site Council Vice - President. Volunteer at Lindale Senior Center. (Community) (6 -5 -09) Maria Clarissa Lopez Ronald J. Moore Brian Perez Carmela P. Quintanilla Bethany L. Rabinowitz Wesley Sanders Caroline Szepessy Arnold Villarreal, Sr. Patient Care Manager, VistaCare Hospice. Received AAS from Del Mar College, BSN from University of Houston, and MAA from University of the Incarnate Word. (Direct Service Agency or Community) (5- 28 -09) Plant Manager, Coastal Bend Surgery Center. Owner of Coastal Mediations. Received Associates Degree in Paralegal Studies and Mediation Certification form the South Texas College of Law. Activities include: Dispute Resolution Center, Better Business Bureau Mediation Program, Texas Sandfest and Adopt -A- Beach. (Direct Service Agency or Community) (10 -6 -09) CEO, Brian Adkins Wealth Management. Received BBA in Accounting and MBA in Finance from Texas A &M University at College Station. Activities include: Financial Industry Regulatory Authority, Texas A &M Alumni Association, Boys and Girls Club, and Family Counseling Service. Member of Texas Scholars. (Community) (12 -7- 09) Vice President - Family Care Services, Blue Sky Hospice. Received Masters Degree in Social Work from University of Houston. Activities include: South Texas Social Workers Society and Vision YC. (Direct Service Agency or Community) (11- 12 -09) Formerly Health Services Coordinator /Manager, Cape Fear Valley Health Systems. Received Associate of Science in Occupational Therapy from Kettering College of Medical Arts, Kettering, Ohio and Bachelor of Science in Exercise Science from Campbell University, Buies Creek, North Carolina. (Community) (10- 31 -08) Secondary Markets Manager, Goodwill Industries of South Texas. Attended Excelsior University and National Graduate School. Recipient of Leadership Award. (Direct Service Agency or Community) (7- 31 -09) Purchasing Agent, Winn Exploration Co., Inc. Received BA in Psychology. (Community) (10 -6 -09) Retired, Manager.(Community) (5-5-09) Felix Zavala, Jr. Pastor, El Shaddai Church. Activities include: Prayer Meetings. (Community) (8- 10 -09) 3 Requested Council Action: 12/15//09 Alternate Date: 1/12/10 COUNCIL MEMORANDUM RECOMMENDATION: Motion authorizing the purchase of equipment for a total amount of $81,316.00 utilizing funds from the 2007 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fires Grant Fund 1062. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Background: On November 13, 2007 the City Council approved to accept a grant in the amount of $1,389,430.00 from the Division of Emergency Management, Office of the Governor, to carry out designated homeland security activates as part of the 2007 Homeland Security Grant Program. The funds are provided for projects to enable communities to better prepare for and respond to terrorist incidents. A need analysis has been conducted and specialized equipment has been identified. Bids have been secured for the specialized equipment totaling $81,316.00. The purchase of this specialized equipment requires Council approval due to the associated dollar amount. Required Council Action: In order that the City comply with the State Purchasing Act and City ordinances relating to purchases, adoption of the motion is necessary in order to move forward with the proposed purchase. Funding: Fire Grant Fund - 550040 -1062- 00000 - 820746 Michael Barrera Assistant Director of Financial Services 826 -3169 mikeb @cctexas.com $81,316.00 Total: $81,316.00 4 Requested Council Action: 12/15/09 Alternate Date: 01 /11/10 COUNCIL MEMORANDUM A. ORDINANCE APPROPRIATING $135,867.39 FROM THE UNRESERVED FUND BALANCE OF GENERAL FUND NO. 1020 FOR THE DESIGN, INSTALLATION, MAINTENANCE AND SUPPORT OF AUDIO/VIDEO EQUIPMENT USED IN BROADCASTING GOVERNMENT ACCESS TELEVISION PROGRAMMING, CHANGING THE FY 2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 BY INCREASING EXPENDITURES BY $135,867.39, AND DECLARING AN EMERGENCY. B. RECOMMENDATION: Motion approving an agreement with Media Rushworks, LLC d.b.a. Rushworks of Flower Mound, TX for the Design, Installation, Maintenance and Support of Audio/Video Equipment in accordance with Request for Proposal Number BI- 0230-09 in the amount of $266,967.39. The term of the agreement is three years. This service will be used by the Public Information Department. Funds are available in the General Fund in FY 09/10. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Background: The City's Public Information Office (PIO) airs live coverage of City Council and County Commissioners' Court meetings at least six times monthly with multiple replays throughout the week/month. Along with live coverage, the PIO airs a multitude of pre- recorded programming including local, state and national television shows. Purpose: Upon the construction of city hall in 1988, the audio /video control room/CCTV broadcast area was located behind the City Secretary's station in council chambers. In January of 2000, it was moved to its current location. The existing component -based analog broadcast system located therein was upgraded in 1996. The only modifications to the control room - portion of the system since that time have been the addition of a bulletin board/programming scheduler in 2002 and replacement of VHS recorders with DVD burners in 2008. Replacement of cameras and the addition of flat - screen televisions in council chambers occurred in 2002. Due to the age of the analog equipment and compatibility issues related thereto, upgrades and preventative maintenance are not viable. Over the last three years, audio and video equipment has begun to fail at an accelerated pace. Failed equipment has been replaced on an "as needed" basis. As a result of regular use over the years, two cameras and their pan/tilt controllers are substantially degraded and expected to fail in short order. Moreover, the current system is not FCC digital - compliant. The purpose of this award is to replace existing analog broadcasting equipment in the control room in City Council Chambers with high - definition -ready standard digital equipment in order to increase the quality of both live and pre- recorded programming on the city's government access channel (CCTV /cable channel 20). This upgrade will allow for streaming capability on Channel 99 and will provide the City with a broad based _29_ communications tool that can be used by the region in the event of a disaster or emergency. The system will allow for broadcast via cable television and Internet web streaming as well as provide the equipment necessary to enable remote closed captioning. More specifically, an Accupoint annotation system (telestrator) that will allow for annotation of images with lines, color and text is to be added at the presenter's podium. The system also includes the addition of new touch - screen monitors, microphones and audio monitors for city council members and staff along the dais, in addition to six new cameras in council chambers, one of which will be ceiling - mounted, eliminating the existing document camera. These cameras will result in improved image quality. The system recommended herein is compatible with public information production software currently in use by the City and is expandable to accommodate transmission of up to four separate live signals. This award will also result in a three -year maintenance and support agreement for the new system. As homeland security grant funding is currently available to pay for just under half of the cost of this project and as the existing system is inviable, now is an opportune time for the City to purchase this much - needed new system. Award Basis: A request for proposal was issued to thirty -six vendors. Four proposals were received. Funding: Proposals were evaluated across four major criteria: Technical Solution, Proposer's Profile & Qualifications, Pricing and Exceptions. An evaluation team comprised of representatives from Public Information and Purchasing reviewed the proposals and scored each according to the criteria above. Media Rushworks, LLC d.b.a. Rushworks is recommended for award as it earned the highest overall score and represents the best overall value to the City. General Fund 1020 - 00000 - 251850 Fire Grants 1062- 820847- 530500 Total Mi ael B arrera Assistant Director of Financial Services E -mail: mikeb @cctexas.com 826 -3169 -30- $135,867.39 $131,100.00 $266,967.39 tunowy p,ienny JeaA -aaayl letol a.iooS Ietol m o --I X "N m O o 0 o 'oO O j CDD_ C) Cn O O O w )1 OC O w CJ1 0 elaatu3 uoltenlen3 Cn� 0 x. O 3 CD C 3 83.5% v En oCOOCfl O eee V CO j MEDIA RUSHWORKS, LLC dba RUSHWORKS Flower Mound, TX 0)) o 0 )1 u C 23.2% 17.8% ON) Co FORD AUDIO -VIDEO SYSTEMS, INC. Austin, TX ccD o . O \ e . O c -• e INDUSTRIAL AUDIONIDEO, INC. Houston, TX 48.3% J 6 e j 0 C O 1 4P \ ..1 CI) TEXAS MEDIA SYSTEMS, LTD Austin, TX to 0 aa. 7 CO o) p) A ric 41 O • 0 p. WO DT C 3 0 a m3A to • n CD o m w O .Q) c• i a K O O O to M m 3'2 3 c -o' cc3o c C � o m • C � <, O o CA CD t0 9 CD W 3 O CD N c) O O co 30IJ3Id lnVd - u31kne Page 1 of 2 ORDINANCE APPROPRIATING $135,867.39 FROM THE UNRESERVED FUND BALANCE OF GENERAL FUND NO. 1020 FOR THE DESIGN, INSTALLATION, MAINTENANCE AND SUPPORT OF AUDIONIDEO EQUIPMENT USED IN BROADCASTING GOVERNMENT ACCESS TELEVISION PROGRAMMING; CHANGING THE FY 2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 BY INCREASING EXPENDITURES BY $135,867.39; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CHRISTI, TEXAS: SECTION 1. An amount of $135,867.39 from the Unreserved Fund Balance Fund No. 1020 is appropriated for the design, installation, maintenance and audio /video equipment used in broadcasting Government Access Programming. CORPUS of General support of Television SECTION 2. The FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 is changed to increase expenditures by $135,867.39. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 15th of December, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: 09- Dec -09 By: Veronica Ocaras Assistant City Attorney for City Attorney H:\LEG- DIR \VeronicaO\2. PURCHASING \1 A G-E3\12LLA ITEMS \121509\121509 ORD Approp $135,867.39 for AV equip for govt access tv broadcasting.doc Page 2 of 2 Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott H:\LEG- DIR \VeronicaO\2. PURCHASING \1 A G USSR. IT E M S \121509 \121509 ORD Approp $135,867.39 for AV equip for govt access tv broadcasting.doc 5 Request Council Date: 12/15/09 Alternate Date: 01/12/10 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of two (2) mini track excavators from John Deere Construction Retail Sales, Moline, IL in the amount of $58,803.16. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. These units are replacements to the fleet and will be used by the Wastewater Department. Funds are available in the Capital Outlay Budget of the Maintenance Services Fund. *************************:********************************* * * * * * * * * * * * * * * * * * * * * * * * ** * * * * ** Purpose: Basis of Award: Funding: The equipment will be used by the Wastewater Department to excavate soil, sand and various other types of materials in the repair of wastewater lines. These units are primarily used in responding to residential wastewater repairs. They are small enough to fit through fence gates and are capable of maneuvering in confined spaces. They allow for a quick repair and a minimal amount of damage to the customer's property. Both units are replacements to the fleet. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and/or electronic auctions. The equipment will be purchased through the BuyBoard, which is the Texas Local Government Purchasing Cooperative's electronic purchasing system. The Cooperative is administered by the Texas Association of School Boards and is endorsed by the Texas Municipal League (TML) and the Texas Association of Counties (TAC) and abides by all Texas statutes regarding competitive bidding requirements. Robstown Hardware Company, Robstown, Texas will be the local delivering and service dealer for the mini excavators. Maintenance Services 5110- 40120 - 550020 Capital Item No's.: A -75 & A -76 Michael Barrera Assistant Director of Financial Services 826 -3169 mikeb@cctexas.com FY 09 -10 $58,803.16 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MARIA GARZA 12/15/09 BID TABULATION BID INVITATION NO. BI- 0073 -10 MINI TRACK EXCAVATOR VENDOR QTY UNIT JOHN DEERE CO. MOLINE, IL UNIT TOTAL PRICE PRICE John Deere 25 HP Mini Track 2 ea. Excavator, Model No. 27D $29,401.58 $58,803.16 6 CITY COUNCIL AGENDA MEMORANDUM December 15, 2009 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to purchase twelve months email archiving services from Government Marketing & Procurement, LLC of Reston, Virginia for Sonian Archive Services in an amount not to exceed $70,460.00 based on GSA Contract # GS- 35F- 0858N. B. Motion authorizing the City Manager or his designee to approve purchase of continued annual email archiving services from Government Marketing & Procurement, LLC of Reston, Virginia for Sonian Archive Services subject to annual appropriation of funds based on GSA Contract # GS- 35F- 0858N. ISSUE: The City receives frequent requests for older and /or deleted e-mail messages, and MIS cannot retrieve those messages without substantial staff effort. E -mail stored in GroupWise is not searchable. E -mail storage consumes a large amount of disk space and requires at least two hours of backup time each night. Background: The city's current email system is designed for the access and storage of emails received and sent by City employees. Messages are currently stored on -site and require over 1.5 terabytes of disk space and more than 2 hours backup time nightly. The Sonian Archive Service is a hosted solution allowing for unlimited e-mail archive storage freeing up on -site capacity for critical systems. Once implemented, City emails will be uploaded nightly to the Sonian Archive Service for storage and backup processes. The City will retain a limited number of days accumulated emails on- site. City employees will have full access to all their emails and will no longer be required to archive their own messages manually. The emails sent to Sonian Archive Service will be part of Sonian's disaster recovery services which the City does not currently possess. The contract may be renewed annually based on existing terms and conditions through the GSA contracting vehicle. The internal structure of the current email system does not allow for queries and retrieval related to open records requests without staff intervention. The Sonian Archive Service allows faster and easier access to all emails across all employees. REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over $50,000. PREVIOUS COUNCIL ACTION: none FUNDING: The total cost of $70,460.00 will be funded from the MIS Department Fiscal Year 2009- 2010 budget. Continued annual maintenance will be requested during the budget process. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. ichael Armstrong Director of MIS 826 -3735 MichaelAr @cctexas.com Attachments: GMP Quote Sonian Statement of Work Government Marketlnq E. Prot,rement, LLC 1815 Lbr ?,ry Strut VP_ 130100 GMP PROPOSAL FOR SONIAN ARCHIVE SERVICE CITY OF CORPUS CHRISTI GSA Contract # GS- 35F -0858N GSA Quote # Q1 SON102809DUaFU City of Corpus Christi Connie Burns connieb @cctexas.com Government Marketing & Procurement, LLC (GMP) a small, service disabled veteran owned business since 1999 1818 Library Street Suite 500 Reston, VA 20190 Travis Kuykendall 703.349.5254 travis(c�gmpgov.com CCR. CAGE CODE: 3GCT2 Duns# 123922788 Tax# 20- 3796064 Government Marketing & Procurement, LLC f 181E Library Street Su to X00 Rest,m. VA 20190 GMP Sonian Hosted Archive Service Description and Pricing: GSA Line Item # Service Features GSA Special Item Number GSA Price Extended GSA Price SA2 -001 Sonian Archive Service • Full Access to Sonian Archive Service • Unlimited Archive Storage • Email Replication to 2 Data Center Clusters (DCC) totaling 8 Data Centers — Amazon S3 • Initial Data Import (1.5 TB) - One time import of email from live messaging environment SIN 132 -52 2600 Mailboxes - $27.10 /mbox/year $70,460.00 This Proposal Expires on 12/31/2009 Contract Term: The Term of this Agreement is for one year - Services shall commence on the date of purchase and continue for twelve (12) months. Terms and Conditions: For your convenience, we have extracted the GSA IT 70 contract's terms and conditions applicable to Sonian Networks' offerings and the terms and conditions applicable to all offerings under GSA Special Item Number 132 -52, Information Technology (IT) Electronic Commerce (EC) Services. These are attached to this proposal. GMP's GSA IT 70 contract can be viewed here: https: / /www.gsaadvantage.clov /ref text /GS35F0858N/GS35F0858N online.htm Notes: *Sonian Archive Service will begin by archiving all new email from the live messaging servers on day one of implementation. *Sonian reserves the right to audit the total number of mailboxes being archived by our customers throughout the term of the contract. Should the total number of mailboxes being archived exceed licensed mailboxes, Sonian will bill customer for the difference. TERMS AND CONDITIONS APPLICABLE TO "INFORMATION TECHNOLOGY (IT) PROFESSIONAL SERVICES (SPECIAL ITEM NUMBER 132 -51) AND ELECTRONIC COMMERCE (EC) SERVICES (SPECIAL ITEM NUMBER 132-52) 1. SCOPE a. The prices, terms and conditions stated under Special Item Number 132 -51 Information Technology Professional Services and Special Item Number 132 -52 Electronic Commerce Services apply exclusively to IT/EC Services within the scope of this Information Technology Schedule. b. The Contractor shall provide services at the Contractor's facility and /or at the ordering activity location, as agreed to by the Contractor and the ordering activity. 2. PERFORMANCE INCENTIVES a. Performance incentives may be agreed upon between the Contractor and the ordering activity on individual fixed price orders or Blanket Purchase Agreements under this contract in accordance with this clause. b. The ordering activity must establish a maximum performance incentive price for these services and /or total solutions on individual orders or Blanket Purchase Agreements. c. Incentives should be designed to relate results achieved by the contractor to specified targets. To the maximum extent practicable, ordering activities shall consider establishing incentives where performance is critical to the ordering activity's mission and incentives are likely to motivate the contractor. Incentives shall be based on objectively measurable tasks. 3. ORDER a. Agencies may use written orders, EDI orders, blanket purchase agreements, individual purchase orders, or task orders for ordering services under this contract. Blanket Purchase Agreements shall not extend beyond the end of the contract period; all services and delivery shall be made and the contract terms and conditions shall continue in effect until the completion of the order. Orders for tasks which extend beyond the fiscal year for which funds are available shall include FAR 52.232 -19 (Deviation — May 2003) Availability of Funds for the Next Fiscal Year. The purchase order shall specify the availability of funds and the period for which funds are available. b. All task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order and the contract, the contract will take precedence. 4. PERFORMANCE OF SERVICES a. The Contractor shall commence performance of services on the date agreed to by the Contractor and the ordering activity. b. The Contractor agrees to render services only during normal working hours, unless otherwise agreed to by the Contractor and the ordering activity. c. The ordering activity should include the criteria for satisfactory completion for each task in the Statement of Work or Delivery Order. Services shall be completed in a good and workmanlike manner. GS- 35F -0858N Pg 50 d. Any Contractor travel required in the performance of IT/EC Services must comply with the Federal Travel Regulation or Joint Travel Regulations, as applicable, in effect on the date(s) the travel is performed. Established Federal Government per diem rates will apply to all Contractor travel. Contractors cannot use GSA city pair contracts. 5. STOP -WORK ORDER (FAR 52.242 -15) (AUG 1989) (a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop -work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop -work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either - (1) Cancel the stop -work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract. (b) If a stop -work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if- (1) The stop -work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract. (c) If a stop -work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop -work order in arriving at the termination settlement. (d) If a stop -work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop -work order. 6. INSPECTION OF SERVICES The Inspection of Services —Fixed Price (AUG 1996) (Deviation — May 2003) clause at FAR 52.246 -4 applies to firm -fixed price orders placed under this contract. The Inspection —Time- and - Materials and Labor -Hour (JAN 1986) (Deviation — May 2003) clause at FAR 52.246 -6 applies to time - and - materials and labor -hour orders placed under this contract. 7. RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall comply with all laws, ordinances, and regulations (Federal, State, City, or otherwise) covering work of this character. If the end product of a task order is software, then FAR 52.227 -14 (Deviation — May 2003) Rights in Data — General, may apply. GS- 35F -0858N Pg 51 8. RESPONSIBILITIES OF THE ORDERING ACTIVITY Subject to security regulations, the ordering activity shall permit Contractor access to all facilities necessary to perform the requisite IT/EC Services. 9. INDEPENDENT CONTRACTOR All IT/EC Services performed by the Contractor under the terms of this contract shall be as an independent Contractor, and not as an agent or employee of the ordering activity. 10. ORGANIZATIONAL CONFLICTS OF INTEREST a. Definitions. "Contractor" means the person, firm, unincorporated association, joint venture, partnership, or corporation that is a party to this contract. "Contractor and its affiliates" and "Contractor or its affiliates" refers to the Contractor, its chief executives, directors, officers, subsidiaries, affiliates, subcontractors at any tier, and consultants and any joint venture involving the Contractor, any entity into or with which the Contractor subsequently merges or affiliates, or any other successor or assignee of the Contractor. An "Organizational conflict of interest" exists when the nature of the work to be performed under a proposed ordering activity contract, without some restriction on ordering activities by the Contractor and its affiliates, may either (i) result in an unfair competitive advantage to the Contractor or its affiliates or (ii) impair the Contractor's or its affiliates' objectivity in performing contract work. b. To avoid an organizational or financial conflict of interest and to avoid prejudicing the best interests of the ordering activity, ordering activities may place restrictions on the Contractors, its affiliates, chief executives, directors, subsidiaries and subcontractors at any tier when placing orders against schedule contracts. Such restrictions shall be consistent with FAR 9.505 and shall be designed to avoid, neutralize, or mitigate organizational conflicts of interest that might otherwise exist in situations related to individual orders placed against the schedule contract. Examples of situations, which may require restrictions, are provided at FAR 9.508. 11. INVOICES The Contractor, upon completion of the work ordered, shall submit invoices for IT/EC services. Progress payments may be authorized by the ordering activity on individual orders if appropriate. Progress payments shall be based upon completion of defined milestones or interim products. Invoices shall be submitted monthly for recurring services performed during the preceding month. 12. PAYMENTS For firm -fixed price orders the ordering activity shall pay the Contractor, upon submission of proper invoices or vouchers, the prices stipulated in this contract for service rendered and accepted. Progress payments shall be made only when authorized by the order. For time - and - materials orders, the Payments under Time - and - Materials and Labor -Hour Contracts at FAR 52.232- 7 (DEC 2002), (Alternate 11 – Feb 2002) (Deviation – May 2003) applies to time - and - materials orders placed under this contract. For labor -hour orders, the Payment under Time - and - Materials and Labor -Hour Contracts at FAR 52.232 -7 (DEC 2002), (Alternate II – Feb 2002) (Deviation – May 2003)) applies to labor -hour orders placed under this contract. 52.216 - 31(Feb 2007) Time - and - Materials/Labor -Hour Proposal Requirements — Commercial Item Acquisition As prescribed in 16.601(e)(3), insert the following provision: (a) The Government contemplates award of a Time - and - Materials or Labor -Hour type of contract resulting from this solicitation. (b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by— (1) The offeror; GS- 35F -0858N Pg 52 (2) Subcontractors; and/or (3) Divisions, subsidiaries, or affiliates of the offeror under a common control. 13. RESUMES Resumes shall be provided to the GSA Contracting Officer or the user ordering activity upon request. 14. INCIDENTAL SUPPORT COSTS Incidental support costs are available outside the scope of this contract. The costs will be negotiated separately with the ordering activity in accordance with the guidelines set forth in the FAR. 15. APPROVAL OF SUBCONTRACTS The ordering activity may require that the Contractor receive, from the ordering activity's Contracting Officer, written consent before placing any subcontract for furnishing any of the work called for in a task order. GS- 35F -0858N Pg 53 Sonian Networks, Inc Mfg Mfg # SIN Description GSA Warrant y Sonian Networks SA2 001 132 52 Full Access to Sonian Archive Service, Unlimited Archive Storage, Email Replication to 2 Data Center Clusters (DCC) totaling 8 Data Centers — Amazon S3, Price per mailbox per year $45.34 1 year Sonian Networks SA2 -004 132 -52 Data hold of archived email in Sonian Archive Service following customer's termination of the service, price per GigaByte per month $0.38 1 year Sonian Networks SA2 -005 132 -52 One time export of archived email in Sonian Archive Service following customer's termination of the service, price per GigaByte $4.53 1 year Sonian Networks SA2 -006 132 -52 One time import of email from live messaging environment, price per GigaByte $4.53 1 year Sonian Networks SA2 -007 132 -52 One time import of email from legacy email archiving service (e.g. Zantaz, Symantec, AXSOne, CA/Ilumin), price per GigaByte $4.53 1 year Policies Overview and Applicability The following process outlines standards for customer problem resolution. Varying according to the severity of the reported problem, this policy defines three categories of issue severity and describes the criteria for each classification. Requests for new functionality will not be considered problems. Customers may submit requests for additional features or updates to technical support or sales. The requests will be documented and forwarded to product management. Support Hours Technical support is available from 8 AM to 7 PM US Eastern Time, Monday through Friday, excluding observed holidays. Severity Levels The following criteria will be used in characterizing customer reported problems: Any ongoing major service disruption or problem which affects a large fraction of the user population of the product and is severe enough to cause those users to be unable to perform their normal duties. Problem may be of a functional or performance nature. Severity-2 Problem affects a small fraction of the user population and significantly reduces their productivity or affects a moderate fraction of the user population and moderately reduces their productivity. GS- 35F -0858N Pg 64 Severity-3 Problem is of an intermittent nature or represents a minor Toss of productivity or is merely an inconvenience to the user population. Customer Communication and Necessary Information All customer problems will be recorded in the Sonian case tracking system by technical support engineers. If a problem is reported by email, a technical support engineer will contact the customer at the earliest reasonable opportunity to obtain any missing information. The recorded information will include, at a minimum: 1. Date and time of first problem report 2. Customer company name 3. Name of Sonian engineer handling the issue (if any) 4. Name and contact information for the customer submitting the case 5. Nature of problem (symptoms, functional, performance, and circumstances sufficient for re- creation on- demand) 6. Customer - defined or Sonian- defined work - arounds (if any) 7. Initial recommendation by Sonian (if any) 8. Severity of problem (using the above criteria) 9. Current status of problem All unresolved issues will cause the case to remain `open" in the Sonian case tracking system. Any severity type that cannot be resolved in prescribed response times (see below) will be escalated to Sonian technical support management. Customers can request technical support in the following ways: Online Sonian Support Form If you do not have a login to the Sonian Ticket Tracking System, please send a request to supoort(asonian.net or call Phone 800 - 275 -8794 Email support(resonian.net After Hours Online - see above GS- 35F -0858N Pg 65 Target Response and Resolution Timeframes by Severity Level Response time is defined as the length of time from when a case is opened to the time that an Sonian technical support engineer contacts the customer. Resolution time is defined as the period within which the problem is resolved or an acceptable work - around or alternate resolution plan has been delivered. Troubleshooting and Diagnostics After a case has been opened, the next step is to begin troubleshooting or researching the specific request, gather as much diagnostic and logging information as possible, and provide resolution to the request. Sonian technical support engineers, when appropriate, will take the following steps upon initial customer contact: 1. Review and verify system configuration 2. Document initial symptoms and impacts 3. Review relevant information (i.e. screen shots, etc.) 4 Identify changes made to customer environment prior to manifestation of problem Generally, cases are not closed until both the customer and the Sonian technical support group agree the incident may be closed. However, Sonian will close an incident if the customer has not provided a response to requests for information within 10 days, unless other arrangements have been made. Problem Escalation Sonian technical support engineers follow the processes necessary to gather information in order to identify and resolve customer issues. They will consult the core necessary resources to resolve the issue and escalate when necessary. Customer Escalation At any time customers may escalate an issue through the Sonian sales group by contacting their account manager. Management Escalation If customers are not satisfied with their level of technical support, they are encouraged to bring this to the attention of technical support management by calling Sonian at: 800 - 275 -8794 and asking to speak with the technical support director. GS- 35F -0858N Pg 66 4r, Sonian, Inc. 1' i7; r November 18, 2009 Presented by: Pete Cheslock Client name Client's administrator Project name Engagement duration Begin date End date City of Corpus Christi TBD GroupWise Hosted Email Archiving 90 days from contract date After contract execution, estimated to begin collection of mail on 12/23/2009. TBD - target date for completion of legacy email import is January 28, 2010 Responsibilities Sonian Responsibilities 1. Provide the City of Corpus Christi with instructions and URL to create their hosted email archiving account. 2. Provide the City of Corpus Christi a network range of IP addresses that will need access to the IMAP SSL port for each GroupWise POA. 3. Schedule and conduct a configuration call with the email administrators (estimated length 90 minutes). 4. Recommend and review a legacy email import plan with the City of Corpus Christi. 5. Initiate and monitor the legacy email import with daily updates provided to the administrators. 6. Schedule and conduct search /eDiscovery training (web based) City of Corpus Christ Responsibilities 1. Create a hosted email archiving account. 2. Make the necessary firewall and GroupWise configuration changes (if necessary) 3. Configure the GroupWise mailbox collectors within the Sonian archiving account (instruction and guidance provided from Sonian) 4. Monitor networking and GroupWise performance during initial legacy import collection. 5. Provide legacy email import with MSG files stored within compressed archives (Sonian recommends 7zip for high speed, encrypted compression) 6. Compressed archives containing no more than 10 folders with MSG files stored no more than 1 level deep within folders. 11/24/2009 Statement of Work Page 2 CITY COUNCIL AGENDA MEMORANDUM December 15, 2009 AGENDA ITEM: Ordinance authorizing the City Manager, or designee, to execute an amendment to the farm lease agreement with Matt Danysh to modify the lease premises effective December 1, 2009 and extend the term until August 31, 2012; and declaring an emergency. ISSUE: Corpus Christi International Airport is located on approximately 2,400 acres of land. A significant portion of the land remains unimproved and available for agricultural use. Approximately 1,474 acres has been leased for farming purposes with three separate lessees. As a result of a previous lessee's default, a one year agreement was executed with Matt Danysh for a total of 567.3 acres on March 31, 2009. Mr. Danysh has expressed his interest in continuing the lease. In an effort to generate non - airline revenue and reduce mowing costs, Airport staff is recommending approval of the lease extension of approximately 555.42 acres of airport property. 11.88 acres was removed from the original lease as part of a capital improvement project. BACKGROUND INFORMATION: On February 19, 2008, four separate farm lease agreements were authorized by City Council. Two of the agreements, one with Tommy and Dolores Bernsen and the other with James Charles Bernsen were terminated on February 27, 2009 due to delinquent payments totaling $36,368.64. The "Bernsen" acreage was formally awarded to Matt Danysh on March 31, 2009. RECOMMENDATION: Staff recommends approval of the Ordinance as presented. Fernando A, Segundo Director of Aviation FredS @cctexas.com 289.0171 ext. 1213 ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B Location Map of Farm Leases ADDITIONAL BACKGROUND INFORMATION The City has leased agricultural acreage on airport property for the last twenty years in an effort to reduce mowing costs on unimproved property and also generate revenue. The Federal Aviation Administration (FAA) has periodically required that portions of the acreage be removed from agricultural use to enhance runway safety. Consequently acreage amounts have been adjusted during the term of the lease. On August 22, 2000, the City Council approved 4 farm lease agreements for approximately 1,434 acres with Kocurek , T.M. and D.H. Bernsen , McDonough and Kelly Farms. The term of the agreements was 5 years at $25 per acre with expiration on December 31st 2005. During the term of the lease, the City acquired additional parcels totaling approximately 40 acres in the Kelly Farm Lease tract bringing the total amount of agricultural use acreage to 1,474. In 2006, the Airport Director extended the lease on a month to month basis for T.M. and D.H. Bernsen, McDonough and Kelly Farms at the same rate of $25 per acre. Kocurek Farms decided not to continue farming . Subsequently, the acreage was put out for bid by the City. Mr. James Charles Bernsen was the successful bidder at $80 per acre and was formally awarded a one year lease on December 12, 2006. On February 19, 2008, the City Council approved lease agreements with Pat McDonough Jr , James P. Kelly and Tommy and Dolores H. Bernsen at an acreage rate of $50, an increase of $25 per acre from the previous agreement. The City originally purchased the acreage from these individuals with the purchase agreement stipulating that subject farmers would receive the right of first refusal to lease the land. The Bemsens defaulted on the lease agreement. The City Council formally awarded the "Bernsen" Lease to Matt Danysh on March 31, 2009. Staff is recommending approval of the lease extension with Matt Danysh at $55 per acre. The lease is projected to generate $30,548.10 in annual revenue. The agreement includes language consistent with FAA guidelines on wildlife management practices, crop dusting activities in and around the Airport and allows Airport Staff to remove acreage from farming use as required by FAA directive. z 0 G1.74 A.:771?Vi 7c7? A 1•••••11•111• • •••1101P• • ••••• ••• ••111, ••• •• "Cn 21 (P. —59— Ali:1i 11 I: Tjg 11 im m HSANVQ £LYVI S3213V WSSS FIRST AMENDMENT TO THE FARM LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, AND MATT DANYSH This first amendment ( "First Amendment ") to an existing farm lease agreement is made by and between the City of Corpus Christi ( "City") and Matt Danysh ( "Lessee "), an individual residing in the State of Texas. WHEREAS, a one -year lease of real property to be used for crop farming purposes, located at the Corpus Christi International Airport ( "Airport"), was entered into between the parties and made effective April 1, 2009 (the "Lease "); WHEREAS, the original parcel of leased land consisted of approximately 567.3 acres, excluding a ten -foot (10') easement along the perimeter fences abutting the parcel; WHEREAS, a portion of the leased land must now be used for Airport purposes, pursuant to the existing Lease provisions, and Lessee has agreed to utilize additional available land for crop farming; and WHEREAS, the parties mutually desire to execute this First Amendment to formally agree to the new Lease boundaries, to replace the previous Exhibit "A" of the Lease with a new Exhibit "A" to be effective December 1, 2009, and extend the term of the Lease for an additional two years and five months. Section 1. Section 2 of the Lease is deleted in its entirety and is replaced with language to read as follows: "Section 2. Premises. The City leases to Lessee the land located on the Airport property, as more particularly described in the attached Exhibit "A" ( "Premises "), which exhibit is incorporated into this Lease as if fully set out herein. The Premises consists of approximately 567.3 acres of land, ex- cluding a ten -foot (10') easement along any perimeter fence abutting the Premises. Effective December 1, 2009, the Premises shall be decreased and redefined to consist of approximately 555.42 acres of land, excluding a ten -foot (10') easement along any perimeter fence abutting the Premises. A new Exhibit "A" depicting the modified Premises shall be substituted for the then existing Exhibit "A," and the contents of the new exhibit will be incorporated into the Lease by reference for all intents and purposes. Thereafter, Lessee's redefined Premises shall constitute the Lease "Premises" subject to all conditions and provisions stated in this Lease." Section 2. Effective December 1, 2009, the previous Exhibit "A" of the Lease is replaced with a new Exhibit "A," a copy of which is attached to this First Amendment. The new Exhibit "A" and its contents are incorporated into this First Amendment and the existing Lease as the new Lease Premises by execution of this instrument on the effective date stated. Section 3. Section 3 of the Lease is deleted in its entirety and is replaced with language to read as follows: "Section 3. Term. Subject to the remaining terms and conditions of this Lease, the term ( "Term ") of this Lease is one year, beginning April 1, 2009, ( "Effective Date "), and terminating April 1, 2010 ( "Termination Date "). If authorized by the City and agreed to in writing by the parties, the original term of this Lease may be extended for an additional two years and five months, terminating on August 31, 2012 ( "Extension Period ")." Section 4. By execution of this First Amendment, the parties agree to formally recog- nize and incorporate the new Lease boundaries into the existing Lease to be effective December 1, 2009, replace the previous Exhibit "A" of the Lease with a new Exhibit "A," and extend the term of the Lease for an additional two years and five months. Section 5. The parties further agree that all terms and conditions of the Lease not changed by this First Amendment remain the same and in full force and effect. EXECUTED IN TRIPLICATE, each of which is considered an original, on this the day of , 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa `Angel R. Escobar City Secretary City Manager APPROVED AS TO FORM: , 2009 Elizabeth R. Hundley Assistant City Attorney for the City Attorney Farm Lease MDanysh 1stAmdmt Revd1 —61— Page 2 of 3 LESSEE: Ma, ' anysh Date: J2/% STATE OF TEXAS COUNTY OF KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on 0, appii. , 2009, by Matt Danysh. YVE i E P. CAVAZOS Nola •,• r ;;" is Sate of Texas Myy Comric;ion Expires Farm Lease MDanysh 1st Amdmt Revdl —6 2— ry Public, State of T as Page 3 of 3 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AMENDMENT TO THE AIRPORT FARM LEASE AGREEMENT WITH MATT DANYSH TO MODIFY THE LEASE PREMISES EFFECTIVE DECEMBER 1, 2009, AND EXTEND THE TERM UNTIL AUGUST 31, 2012; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to execute an amend- ment to the Airport farm lease agreement with Matt Danysh to modify the lease premises effective December 1, 2009, and to extend the term of the agreement until August 31, 2012. A copy of the fully executed lease amendment will be placed on file in the City Secretary's Office. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED: December 9, 2009 ..- Elizakh R. Hundley Assistant City Attorney for the City Attorney EHord2B7 revd.doc —63— CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor 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 EHord287 revd.doc —64— 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 15, 2009 AGENDA ITEM: Resolution approving amendment to the City investment policy to change the maximum total amount that may be invested in any Public Funds Investment Pool to be five percent of the total current invested balance of the pool; changing the maximum total amount that may be invested in any one overnight Public Funds Investment Pool to thirty percent and other administrative changes; and approving the investment policy as amended. ISSUE: Under Texas Government Code, Chapter 2256, Subchapter A. Authorized Investments For Governmental Entities, the State of Texas delineates the types of investments and the investment rules which must be followed by governmental entities. This chapter is often referred to as the Public Funds Investment Act. The City has established an Investment Committee which consists of the City Manager, Assistant City Managers, City Attorney, Director of Financial Services, and Assistant Director of Financial Services over Management and Budget, or their designees. The Committee met on November 3, 2009 to review and approve the Investment Policy. Additionally, the revisions to the Investment Policy were presented to the Administration Committee on December 3, 2009. In accordance with the Public Funds Investment Act which requires the governing body to approve the City's investment policy annually, City staff is recommending approval of the policy as amended. REQUIRED COUNCIL ACTION: The Public Funds Investment Act requires the governing body annually to formally approve by resolution the City's Investment Policy. CONCLUSION AND RECOMMENDATION: City staff and the City's Investment Committee recommend approval of the resolution as amended. Constance P. Sanchez Interim Director of Financial Services constancep @cctexas.com (361) 826 -3227 Attachment: Investment Policy Resolution BACKGROUND INFORMATION The Public Funds Investment Act requires the governing body to approve the City's investment policy annually. The City Investment Committee, consisting of the City Manager, Assistant City Managers, City Attorney, Director of Financial Services, and Assistant Director of Financial Services over Management and Budget, or their designees, approved the following revisions to the Investment Policy at their quarterly meeting held November 3, 2009. Additionally, the revisions were presented to the Administration Committee on December 3, 2009 for discussion purposes. The following is a summary of the major recommended changes. The remaining changes were administrative in nature. 1. Section III. Definitions. A. Three definitions were added: i. Authorized Broker /Dealer ii. Custodian iii. Investment Advisor 2. Section V. Authorized Investments and Maximum Tenn. - Subsection A. 3. Public Funds Investment Pool. A. Changed the maximum amount that may be invested in any one public funds investment pool from the lesser of 5% of the total current invested balance of the public funds investment pool or $75,000,000 to 5% of the total current invested balance of the Public Funds Investment Pool. B. Changed the maximum total amount that may be invested from the total amount in ALL public funds investment pools as being 30% of the Investment Portfolio to the total amount in ANY ONE of the public funds investment pools as being 30% of the Investment Portfolio. 3. Section VI. Investment Strategies — Subsection B. Strategies. A. Added subsections for each type of fund: i. Operating and CIP Funds. ii. Debt Service Funds. iii. Debt Service Reserve Funds iv. Special Purpose Funds 4. Section VII. Designation of Responsibility A. Subsection A. Investment Committee. i. The first paragraph of this section was moved from Section XIII A. of the existing Investment Policy. ii. The second paragraph of this section was added: "The Investment Committee will review quarterly investment reports before submission to the City Council and will, on no less than an annual basis, review and adopt a list of authorized broker /dealers prepared by the City. The Investment Committee shall include in its deliberation such topics as: economic outlook, Investment Portfolio diversification, maturity structure, risk and performance of the portfolio(s)." B. Subsection B. Investment Officers i. The first paragraph was moved from Section VII. A. of the existing policy. ii. The third and fourth paragraphs were moved from Section VII. E. of the existing policy. 5. Section VIII "Internal Controls" was moved from Section VII "Responsibility and Controls ", Subsections B through D of the existing policy. 6. Section IX "Competitive Solicitation" was moved from Section VIII of the existing policy. 7. Section X "Authorized Counter- Parties" was moved from Section IX "Authorized Institutions" of the existing policy. 8. Section XI "Collateralization" was moved from Section X "Pledged Collateral" of the existing policy. 9. Section XII "Safekeeping of City Securities" was moved from Section IV "Safekeeping" of the existing policy. 10. Section XII "Wire and Electronic Services" from the existing policy was deleted from the revised, proposed policy. 11. Section XV "Annual Policy Adoption" was added to the revised, proposed policy. TABLE OF CONTENTS Page I. INTRODUCTION 2 II. PURPOSE 2 III. DEFINITIONS 3 IV. INVESTMENT OBJECTIVES 5 V. AUTHORIZED INVESTMENTS AND MAXIMUM MATURITY TERM 6 VI. INVESTMENT M1)-AN-D STRATEG IES 11 VII. DESIGNATION OF RESPONSIBILITY AND CONTROLS 14 VIII. INTERNAL CONTROLS COMPETITIVE SOLICITATION 15 IX. COMPETITIVE SOLICITATION AUTHORIZED INSTITUTIONS 17 X. AUTHORIZED COUNTER-PARTIES PLEDGED COLLATERAL 17 XI. COLLATERALIZATION SAFEKEEPING - 18 XII. SAFEKEEPING OF CITY SECURITIES WIRE AND ELECTRONIC SERVICES 19 XIII. INFORMATION REPORTING/PORTFOLIO EVALUATION 20 XIV. BANKING SERVICES ° 21 XV. ANNUAL POLICY ADOPTION 21 GENERAL PROVISIONS 21 XVI. APPENDICES A. PUBLIC FUNDS INVESTMENT ACT 1-18 B. CITY'S CODE OF ETHICS ORDINANCE 1-8 C. RESOLUTION 1-3 D. LEGAL DEFENSE AND INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES 1-2 E. WIRE AND ELECTRONIC SERVICES 1 —70-- INTRODUCTION The City of Corpus Christi shall invest all available monies in compliance with this Investment Policy as adopted by the City Council and authorized by the Public Funds Investment Act. Effective cash management is recognized as essential to good fiscal management. An aggressive cash management program will be pursued to maximize interest earnings as a viable and material revenue source. The City's portfolio shall be designated and managed in a manner responsive to the public trust and consistent with local, state and federal law. Investments shall be made with the primary objective of: • Preservation of capital and protection of principal; • Maintenance of sufficient liquidity to meet operating needs; • Security of city funds and investments; • Diversification of investments to minimize risk while maximizing interest earnings; and • Maximization of return on the portfolio. Earnings from investments will be used in a manner that will best serve the interests of the City of Corpus Christi. Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion and intelligence would exercise in the management of that person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. II. PURPOSE Authorization This Investment Policy is authorized by the City Council in accordance with Chapter 2256, Subchapter A of the Texas Government Code - The Public Funds Investment Act the "Act" seethe attached and incorporated as Appendix A). B. `Scope This Investment Policy applies to all funds activities of the City, excluding pension funds, with regard to investing the financial assets of Funds, including, but not limited to: General Fund Special Revenue Funds Enterprise Funds Internal Service Funds Special Purpose Funds (within the control of Investment Officers) Capital Improvement Funds (Bond Proceeds, Bond Reserves, Debt Service, Commercial Paper and anv other debt instrument) —71— 2 In addition to this Policy, the investment of Bond Funds, Debt Service, and Reserve Funds shall be managed (including the yield calculation thereon) by their goveming ordinances and Federal Law, including the Tax Reform Act of 1986 and subsequent legislation. C. Review and Amendment This Policy shall be reviewed and adopted no less than annually by the City Council on or before December 31 of each calendar year. cubcequcnt to itc adoption. Amendments must be adopted authorized by the City Council. The City Council shall adopt a written instrument by ordinance or resolution stating that it has reviewed the Investment Policy. The This `'ordinance or resolution written-instrument-SG adopted shall record any changes made to the Investment Policy. III. DEFINITIONS Authorized Broker /Dealer - Primary dealer and regional firms that have been selected by the federal underwriters to distribute sell their securities. Each authorized firm in member of a Broker/Dealer will . offer the issue at the price authorized by the governmental agency on the initial market issuance. Authorized City Representatives - Investment Officers and City officers authorized to execute transactions are designated transact-as-set-out in the attached and incorporated Appendix A on behalf of the City (Specific positions so authorized are the City Treasurer, Investment Analyst, Controller, Chief Accountant, Deputy Director of Financial Services and Director of Financial Services). Authorized Investment Authorized investments defined by this Policy with a maximum maturity are approved by the Investment Committee and City Council. All Polio,/ authorized securities are listed in Section V. Collateral - Securities pledged by an banking institution or sold under a repurchase agreement, to guarantee safeguard City assets. All collateral must be AAA rated. The City requires either U.S. Treasuries, Of U.S. Agency Agencies Securities or municipal obligations as collateral so that the market values can be readily determined at any point in time. Collateral requirements are defined in Section XI. Custodian - An approved independent custodian charged with the safekeeping of securities owned by or pledged to the City. An independent custodian is one not affiliated with any pledging institution or counter -party. Director of Financial Services - The Director of Financial Services is the Municipal Finance Officer responsible for City investments, but not designated as an Investment Officer. The Director of Financial Services may designate the Deputy Director of Financial Services, Controller or Chief Accountant to assist in this process. 6entroller -er . _72_ - 3 Excess Cash Balances - Collected bank balances not needed to pay estimated check clearings. Failed Transaction — A transaction in which an investment is not delivered to an institution for operational or availability reasons. The security would fail to be delivered to the Custodian. Institution - Any firm, bank, bank holding company, broker /dealer or Public Funds Investment Pool that offers to sell /buy a financial transaction /security to the City. All such firms must complete a Policy certification as stated by this Policy. broker or eel r All authorized Securities listed in Item V. Abtl' cd investments and maximum term investments approved by the Investment Cemmittce include U.S Treasuries, U.S. Agencies, Repurchase Agreements, Local Government Investment ;'Public funds. Investment Advisor — SEC registered investment advisor contracted by the City to assist in the portfolio management process, reporting and treasury operations /controls. Investment Officers — Individuals designated by the City Council to execute investment transactions. Positions; include only the City Treasurer and Investment Analyst. Investment Portfolio - All "City monies and securities being invested under authority of the Investment Officers. Qualified Representative — As defined by the Act, a person, who holds a position with a business organization, who is authorized to act on behalf of the business organization, and who is one of the following: For a business organization doing business that is regulated by or registered with a securities commission, a person who is registered under the rules of the National Association of Securities Dealers; For a state or federal bank, a savings bank, or a state or federal credit union, a member of the loan committee for the bank or branch of the bank or a person authorized by corporate resolution to act on behalf of and bind the banking institution; (C) For an investment public funds investment pool, the person authorized by the elected official or board with authority to administer the activities of the investment public funds investment pool to sign the written instrument on behalf of the investment public funds investment pool; or (D) For an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b -1 et seq.) or, if not subject to registration under that Act, registered with the State Securities Board, a person who is an officer or principal of the investment management firm. Reserve Funds - Funds designated by the City Council for specific purposes, which have not been appropriated for spending. Securities - Approved Investments designated by the Investment Committee, as defined by Section VII, to be held in the Investment Portfolio or acceptable to be pledged as Collateral to secure the monies of the City. Special Purpose Funds - Monies of non - profit corporations that Investment Officers are permitted to invest; includes such entities as the Coastal Bend Health Facilities Development Corporation, Corpus Christi Housing Finance Corporation, Corpus Christi Community Improvement Corporation, HOME Project, First Time Home Buyer, Corpus Christi Industrial Development Corporation, Corpus., Christi Business and Job Development Corporation, North Padre Island Development Corporation, Corpus Christi Crime Control and Prevention District, and Corpus Christi Digital Community Development Corporation. Third Party Safekeeping Institution - Any Institution not affiliated with an Institution delivering the Authorized Investment. IV. INVESTMENT OBJECTIVES The following states the investment objectives of the City in order of priority: A. Preservation and Safety of Principal Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall Investment Portfolio. Liquidity The City's Investment Portfolio must be structured in a manner which maintains the liquidity necessary to pay obligations as they become due. Sufficient cash flows must be maintained through cash flow analysis and by rapidly depositing monies and timing disbursements. Generally, Investments are matched to specific _' cash flow requirements such as payrolls, construction drawdown schedules, debt service payments, and other payables. Liquidity is also achieved by investing in Authorized Investments with active secondary markets or in Public Funds Investment Pools with stable net asset values. C. Date..^ on Investments Investment Yield The City's Investment Portfolio shall be designed with the objective of regularly exceeding the average yield of the following benchmarks in a manner consistent —74— 5 with the principles of this Policy described in Section IV. A and B and reflecting the cash flow expectations and portfolio strategy of the City: Six -month average of Texpool, Lone Star, Texstar and Texas Daily. However, it must be recognized that differing interest rate environments will result in fluctuations. During a declining market, satisfying this objective may not be practical until Authorized Investments mature and can be re- invested, especially since preservation of capital is the first priority in the investment of monies pursuant to this Policy. For bond issues to which arbitrage restrictions apply, the primary objectives shall be to avoid negative arbitrage and to obtain satisfacto y market yields and -fie minimizing the costs associated with investing such monies. D. Diversification Diversification is required because of differing liquidity needs of the City and is to control risk. Diversification minimizes the risk to the overall Investment Portfolio by spreading market and credit risk as well as of potential losses on individual securities or market sector thereby enhancing safety and enhances the safety of the Investment Portfolio. Through the solicitation of competitive proposals, the City shall allocate and diversify its Investments through various Institutions. The following types of Investments will be solicited from approved Institutions: 1. Obligations of the United States; 2. Repurchase Agreements - through a Third Party Safekeeping Institution Agreement, which includes an approved primary dealer doing business in Texas as required by the PFIA; 3. Public Funds Investment Pools - through participation agreements, and 4. Certificates of Deposit - through approved local banks; 5: Money Market Mutual Funds; 6. Guaranteed Investment Contracts (for Bond Proceeds only); 7. Texas Term Investment Pool; and 8. Securities Lending Program. The City recognizes that investment risks can result from default risk, credit volatility risk, and market price risks due to various technical and fundamental economic factors, and other complications, leading to temporary illiquidity. To control market price risks, volatile Investments shall be avoided. To control default risk, the only acceptable method of payment will be on a delivery versus payment -basis for all transactions, except Public Funds Investment Pools and repurchase agreements. Delivery versus Payment provides for payment to Institutions at the time the Investments are recorded in book entry form at the City's Third Party Safekeeping Institution, currently maintained at the Federal Reserve. For certificates of deposit, sufficient Collateral at 102% of current market values must be pledged to protect all City monies or monies under its control that exceed Federal Deposit Insurance Corporation (FDIC) coverage; the Collateral must be —75— 6 safe kept at a Third Party Safekeeping Institution not affiliated with the bank or bank holding company providing the certificate of deposit. V. AUTHORIZED INVESTMENTS AND MAXIMUM MATURITY TERM The City of Corpus Christi is authorized to invest i+4 only in the following investments. City monies, governed by this Policy, may not be invested in other investments permitted by law unless this Policy is amended and adopted to permit such investment. A. Authorized Investments 1. Obligations of the United States or its agencies and instrumentalities, excluding mortgage backed securities, which currently include the following stated final maturities: a. Short-term U.S. Treasuries: Maximum Maturity Tcr m 1.) U.S. Treasury Bills up to 365 days* 2.) U.S. Treasury Coupon Notes up to 3 years* 3.) U.S. Treasury Notes and Strips up to 3 years* b. U.S. Agencies: Maximum Maturity Term 1.) Federal Home Loan Bank up to 2 years* 2.) Federal National Mortgage Association. up to 2 years* 3.) Federal Farm Credit up to 2 years* 4.) Federal Home Loan Mortgage Corporation up to 2 years* 5.) Federal Agricultural Mortgage Corporation up to 2 years* *Reserve Funds invested in Treasury and Agency obligations may have a stated final maturity up to five years. 2. Repurchase Agreements up to 365 days Repurchase agreements must be fully collateralized at 102% with a defined maturity date, placed with a primary government dealer with collateral, and safekept at a City approved Custodian Third Party Safekeeping—InstittAtien, as provided under the provisions of the RSA - - - ' - - - SIFMA (Securities Industry and Financial Markets Association) Master Repurchase Agreement. An executed agreement between the City, primary government dealer and Custodian will be on file before the City will enter into a tri -party repurchase agreement. Weekly monitoring by the City's Investment Officers or Advisor of all Collateral underlying repurchase agreements is required. More frequent monitoring may be necessary during periods of market volatility. Reverse -76- 3. Public Funds Investment Pool up to 1 day A Public Funds Investment Pool duly created and managed in accordance with the Act to function as a money market mutual fund that marks its portfolio to market daily and, to the extent reasonably possible, which stabilizes its portfolio to market daily ctrivec t„ maintain at $1 net asset value. If the ratio of the market value of the Public funds investment pool's portfolio divided by the book value of the portfolio is less than 99.50% or greater than 100.50 %, the Public funds investment pool's portfolio holdings shall be sold as necessary to maintain the ratio between 99.50% and 100.50 %. The maximum amount that may be invested in any one public funds investment pool is the le cer of the following: (i) five (5) percent of the total current invested balance of the local government Public Funds Investment Pool, of (ii)- $7-5,000,000. The maximum total amount that may be invested in any one all overnight lesal -went Public Funds Investment Pools is thirty (30) percent of the Investment Portfolio. The Committee. The Public Funds investment' Pool must be continuously rated no lower than AAA or AAA -m or at an equivalent rating by at least one nationally recognized rating service with a weighted average maturity no greater than 90 days. Public Funds Investment Pools may contain investment securities that are not directly authorized by this Policy, so long as (i) the AAA rating is standard herein above stated is satisfied, and (ii) the investment is permitted by . Subchapter A of the Texas Public Funds Investment Act, Chapter 2256 of the Texas Government Code. 4. ' Collateralized Certificates of Deposit up to 1 year Certificates of deposit or other instruments issued by state and national banks domiciled in Texas that are: a. Guaranteed or insured by the Federal Deposit Insurance Corporation or its successor; or b. Secured at 102% by obligations defined by Section XI of this Policy that is described by Section V, Subdivision A.1 (a) through A.2 (e). Certificates of deposit must be fully collateralized at 102% of their market value. The City requires the bank to pledge U.S. Treasuries or U.S. Agencies as collateral as described in section V, Subdivision A.1. The Investment Officers will monitor adequacy of collateralization on a weekly basis. —77— 8 5. Money Market Mutual Fund up to 1 year A AAA -rated no -load money market mutual fund (no service charge) is an authorized investment if: a. the money market mutual fund is registered with and regulated by the Securities and Exchange Commission; b. the money market mutual fund provides the City with a prospectus and other information required by the Securities Exchange Act of 1934 (15 U.S.0 Section 78a et seq.) or the Investment Company Act of 1940 (15 U.S.C. Section 80a -1 et seq.); c. the money market mutual fund includes in its investment objectives the maintenance of a stable net asset value of $1 for each share; d. the assets of the money market mutual fund are invested in those investments ' authorized under this Investment Policy; and e. the money market mutual fund has a dollar weighted average stated maturity of 90 . days or fewer. 6. Guaranteed Investment Contracts up to 3 years Guaranteed investment contracts offer to pay a specific interest rate over a period', of time, and:, can be .;structured to'reflect an anticipated draw down schedule for capital improvements; funded with bond proceeds. The collateral and monitoring requirements applicable to repurchase agreements .;;shall apply;; to guaranteed investment contracts. A guaranteed investment contract may be utilized only in connection with -the investment of bond proceeds. The maximum term of a guaranteed investment contract all not' exceed the anticipated construction period for the capital improvement, the construction of which is to be funded with Bond Proceeds. 7. Texas Term Investment Pool up to 1 year The Texas Term Investment Pool for fixed term investments was created as an investment pool and is a hybrid, mutual fund structure. by Texas needs of Texas cities. Texas Term The pool offers is a fixed rate, fixed term ,portfolio option and is rated AAAf by Standard and Poor's Ratings Services Cefpefatien. Participants may lock in a fixed rate for a term of 60 to 365 days. 8. Securities Lending Program up to 1 year Securities lending program as defined by the Act qualifies as an authorized investment if the value of the securities loaned under the program is not less than 100 %. However, the City requires 102% collateral. A loan made under the program must allow for termination at any time. percent sell teralized. Collateral is required and pledged to the _78_ 9 Cit held in the Cit 's name and deposited with a custodian a • roved b the City. A loan made under the program must be secured by pledged securities described by Section 2256.009(a), pledged irrevocable letters of credit issued by a bank that is organized and existing under the laws of the United States or any other state and continuously rated by at least one nationally recognized investment rating firm at not Tess than A or its equivalent or cash invested in accordance with Section 2256.009, 2256.013, 2256.014 or 2256.016. The terms of a loan made under the program must require that the securities being held as collateral be pledged to the investing entity, held in the investing entity's name and deposited at the time the investment is made with the entity or with a third party selected by or approved by the investing entity. A loan made under the program must be placed through a primary government securities dealer or a financial institution doing business in Texas. An agreement to lend securities must have a term of one year or less.` B. Weighted Average Maturity In order to assure adequate liquidity and to minimize risk of '`loss to the Investment Portfolio due to interest rate fluctuations, investment maturities will not exceed the anticipated cash flow ` requirements of the Funds. Maturity guidelines by Fund are as follows: The weighted averaged maturity (WAM) of the overall portfolio shall be no more than 365 days. - - t. 365 days for Investments, other than Rcscrvc Funds. 1. Operating Funds The r'maximum weighted average maturity of Operating Funds shall be 365 days.`' Shall be 365 days or lesv. The Investment Officers will monitor the maturity - level and adiust make- changes as appropriate throughout the fiscal Year Capital; Improvement Funds The maximum weighted average maturity of Capital Improvement Funds shall be 365 days. The Authorized Investment maturity of that portion of the City Portfolio that represents Capital Improvement Funds (bond proceeds, reserve funds, debt service and Commercial Paper) shall be determined considering: a. The anticipated cash flow requirements of the Capital Improvement Funds; and b. The "temporary period" as defined by Federal income tax law during which time bond proceeds may be invested at an unrestricted yield. Bond proceeds subject to yield restriction shall be invested considering that yield restriction to avoid a challenge to the City's related indebtedness qualification as an obligation, -7 9— 10 the interest in which is not subject to federal taxation under section 103 of the Internal Revenue Code of 1986 as amended (the "IRC "). After the expiration of the temporary period, Bond proceeds subject to yield restriction shall be invested considering the anticipated cash flow requirements of the Capital Improvement Funds. For all bond proceeds from -all bond- issues affected controlled by the tax- exempt bond provisions of the IRC , a complete careful yield analysis shall mast be performed to assure compliance with comply -with the IRC. Also, An annual rebate calculation shall must be performed to assure compliance with IRC, .:,:Also An annual rebate calculation must shall be performed: `to determine +4 the City's rebate liability is required to rebate interest at the end of each respective bond issue's five -year term. On Beginning on the third anniversary of the respective issue date for each the respective bond issue, all bond proceeds from such `issue will be yield restricted as required by the IRC. 3. Reserve Funds: Established by Operative Bond Funds or by the City Council. The following Reserve Funds may be Treasuries or Agencies invested up to five years in U.S. Maximum Choke Canyon, Fund 4050 $10,000,000 City monies;' govemed by this Policy may not be invested in other investments permitted by law unless (i) such investments are specifically authorized for the investment of these monies by an ordinance adopted by the City Council issuing bonds or other debt obligations or (ii) this Policy is amended to permit such investment. Methods to Monitor Investment Market Price The City monitors the market price of investments by obtaining this information from the Bloomberg system which is made available through the City's authorized institutional brokers. The City may also obtain market price information from other nationally recognized sources of financial information such as the Wall Street Journal. VI. INVESTMENT MIX AND STRATEGIES A. Investment Mix Maturity Diversification A minimum of 15% of the total investment portfolio shall be held in Authorized Investments with maturity dates of 90 days or less for liquidity. U.S. Treasuries /Agencies may be purchased for longer -term maturities (greater than one year) but shall not exceed 40% of the total investment portfolio to preserve liquidity. _80_ 11 The weighted average maturity limitation of the overall Investment Portfolio takes these requirements into account to protect liquidity and allow flexibility for market environments. Daily Authorized Investment reports shall monitor and specifically address whether these diversification stated—Investment—mix requirements are being met. Unless approved by the Investment Committee, the target percentages specified shall not be exceeded for temporary periods greater than thirty (30) days without the Investment Officers taking corrective action. B. Strategies 1. Operating and CIP Funds Investment strategies for operating funds and capital improvement funds have as their primary objective the assurance that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create an Investment Portfolio structure, which will experience minimal volatility during economic cycles. To accomplish this strategy, the City will purchase high credit quality, short -to- intermediate -term investments primarily in a laddered structure. ether. To pay for anticipated disbursements, Authorized Investments will be laddered to correspond with the projected cash flow needs of the City. Some Investments maturing that are acquired on the short end of the yield curve (90 days or less) will te meet immediate cash needs. A few Authorized Investments are purchased on the intermediate part of the yield curve (1 -3 year maturity) to lock in higher interest rates when rates are projected to decline due to the economic cycle of the economy. The dollar weighted average investment maturity of 365 days or Tess will be calculated using the stated final maturity dates of each investment. 2. Debt Service Funds Investment strategies for debt service funds shall have as the primary objective the assurance that = ' - - -• - - - - - - debt service payment obligations are timely met. on the required payment date. Investments purchased shall not have a stated final maturity date that cxceeds the debt ccrvice paymcnt date. 3. Debt Service Reserve Funds Investment strategies for debt service reserve funds shall have as the primary objective the ability to generate a dependable revenue stream te the- apprepriate - - _ - - _ - _ _ - - ":- with a low degree of volatility. In accordance with the specific bond authorization document woe eut --the maximum inve tment term, investments should be of high credit quality, with short-to- intermediate -term maturities and a maximum weighted average maturity of one year. _81_ 12 4. Special Purpose Funds Investment strategies for Special Purpose Funds will have as their primary objective the assurance that anticipated cash flows are matched with adequate Authorized Investment liquidity. The stated final maturity dates and weighted average maturity of Investments held shall be structured on the project completion date. net-exoeed- the - estimated prejest eempletion-date. These investment portfolios shall include highly liquid investments to allow for flexibility and unanticipated project outlays. C. Achieving Investment Yield Return Objectives The City will utilize a conservative buy and hold strategy for the majority of the Investment Portfolio with investment selection shall be based on legality, appropriateness, liquidity, and risk/return considerations. This strategy recognizes the unique needs of individual funds and provides for their recognized cash flow needs. passively-invested. The remaining portion of the Investment Portfolio may be invested actively and the reasons for doing so are 1. Passive investment provides for a. Investments targeted Liquidity to pay upcoming anticipated disbursements {payroll, debt service, payments, payables, etc.) Liquidity to provide for a measure of anticipated disbursements and Laddering and diversification to manage market and credit risk. 2. Active investment provides for: a. The ability to improve yields in the Investment Portfolio by riding the yield curve during business cycle recovery and expansion periods. Interest rates on longer maturities typically exceed those on shorter maturities. Therefore, longer maturities (that can be held to maturity, if necessary) are purchased in anticipation of selling later at the same or lower interest rate, improving the total return during the holding period. b. The ability to improve market sector diversification by swapping out of one investment into another for a better total return, to realign for disbursement projections, or to extend or shorten maturity depending on economic forecasts. The City Manager, or his designee, is required to approve any investment that must be sold at a loss. All gains and losses will be reported to the City Council and Investment Committee no less frequently than on a quarterly basis. _82_ 13 VII. DESIGNATION OF RESPONSIBILITY A,---Authority-to-invest A. Investment Committee An Investment Committee, consisting of City Manager, Assistant City Managers, Director of Financial Services (or if vacant, Deputy Director of Financial Services), City Attorney, Assistant Director of Financial Services /Management and Budget - - - _ _ _ _ - - = - , shall meet at least quarterly to determine operational strategies and to monitor investment results. The Investment Committee will be responsible for monitoring, reviewing and making recommendations regarding the City's Investment Portfollio to the City Council. The Investment Committee will review quarterly investment reports before submission to the City Council and will, on no less than an annual basis, review and adopt a list of authorized broker /dealers prepared by the City. The Investment Committee shall include in its deliberation such topics as: economic outlook, Investment Portfolio diversification, maturity structure, risk and performance of the portfolio(s). The authority to invest City funds and the execution of any documentation B. Investment Officers The authority to invest City funds and the execution of any documentation necessary to evidence the investment of City funds is granted to the Investment Officers. The City Treasurer and the Investment Analyst are the designated Investment Officers responsible for the daily operation of the investment program. Investment Officers will prepare monthly and quarterly reports, maintain information on counter- parties, monitor collateral, and attend training as required by the Act. As required by the Act, each Investment Officer shall attend ten hours of training in accordance with the Act within 12 months of assuming responsibilities and attend 10 hours of training in each successive two year period. Training should include topics such as investment controls, security risk, market risks, diversification of the investment portfolio and compliance with Texas laws. The Investment Committee approves investment — training seminars presented by the following organizations: Govemment Finance Officers Association Govemment Finance Officers Association of Texas Govemment Treasurers Organization of Texas -83- 14 Association of Public Treasurer's of the US & Canada Texas Municipal League University of North Texas Center for Public Management If the Investment Officer desires to attend an investment - training seminar presented by another organization for training credit, such seminar must be approved by the Director of Financial Services. C. Investment Advisor The City Council may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b -1 et seq.) or to provide for the investment and management of City publie funds. other funds under it trot The initial A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the City Council by ordinance or resolution. VIII. INTERNAL CONTROLS CODGTITIVESOLICI The City Treasurer will establish a system of intemal controls over the investment activities of the City and document such controls in the Investment Procedures Manual. These internal controls shall be approved by the Director of Financial Services. Prudent Investment Management A. Standard of Care Investments shall be made with the same judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Prudent investment is to be judged by the Investment Portfolio as a whole, not on individual Investments. In the case of a loss required rating, if liquidation is necessary due to a public funds investment pool losing its AAA rating or for other reasons, liquidation will be done in a prudent manner consistent with the investment objectives of this Policy and as provided in 2256.021 of the Government Code the Act. Investment Officers and the Investment Advisor shall perform their duties strictly in accordance with the adopted Investment Policy. Investment Officers acting in good faith and in accordance either these policies and procedures shall be relieved of personal liability if exceptions are reported on a timely basis and prudent actions are taken to reduce potential loss. The Investment Committee and officers are indemnified as provided by City ordinance attached and incorporated as Appendix D. —84— 15 2 liquidity; and 3. yield. • the adopted Investment Poky. nvcstmcgt Offidcrs acting in good faith and in B. Standards of Ethics Investment Officers, Investment Committee members and employees involved in the investment process shall comply with the City's Code of Ethics attached and incorporated as Appendix B which requires disclosure of financial interests by April of each year. These individuals shall refrain from personal business activities that could conflict with proper execution of the investment program or which could impair the ability to make impartial investment decisions. Officers and employees shall disclose to the City Council any material investment decisions. Officers and employees shall disclose to the council any material financial interest in institutions that conduct investment or banking transactions with the City. Any Investment officer who has a personal or business relationship with an organization seeking to sell an investment to the City shall file a statement disclosing that relationship or interest Disclosure statements required under this subsection must be filed. The designated Investment Officers and all members of the Investment E,----T-raining-anti-Education Section 2256.008 of the Government Code Public Funds Investmcnt Act. Thc fellewing-efganization& . - - Government Treasurers Organization of Texas T-exas-Munidipal-League —85— 16 IX. COMPETITIVE SOLICITATION X. Except for Repurchase Agreements, Guaranteed Investment Contracts, and Public Funds Investment Pools, any new issue investment will be purchased through an Authorized Broker /Dealer or directly through the issuer. Investment Officers identify the best rate prior to the purchase of an Authorized Investment that meets the City's cash flow needs at the time..- Any Institution authorized to participate in the City's; investment program must meet Collateral pledge requirements outlined in Section XI of these guidelines and must submit annual financial reports AUTHORIZED COUNTER - PARTIES A. Broker /Dealers B. Any broker /dealer All institutions who seek seeking to sell an Authorized Investment to the City is required to complete., the questionnaire approved by the Investment Committee and furnish supporting documentation required by the Investment Committee. Securities chill only be purchased through thoso Information on the firms shall be maintained by the Investment Officers or the Investment Advisor. Securities qualifying as Authorized Investments shall only be purchased through those institutions approved by the:Investment Committee. Policy Certification: Investments shall: only be made with those Institutions who have executed a written went certification in a form acceptable to the City, executed by a Qualified Representative of that the Institution, and substantially to the effect that the Institution has: 1. Received, thoroughly reviewed and acknowledged, in writing, receipt and understanding of this tho City's I nvectrnent Policy. Acknowledged that the Institution has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Institution and the City that are not authorized by this the City's investment Policy. C. Investments shall only be made with those institutions who have met the qualifications and standards established by the City's Investment Committee and set forth in the Investment Procedures Manual. D. The Investment Committee shall, at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. -86- 17 E. The City Treasurer will request the Investment Committee to authorize deletion of institutions for: 1. Slow response time; 2. Inability to compete with other authorized firms; Less than Bp i; 3. Insufficient market Little —a, o information on technical or fundamental expectations based on economic indicators; 4. Failed transactions or continuing operational difficulties; 5. Unwillingness to continue to abide by this Policy; the provisions listed in IX.A.; 6. Other reasons as approved by the Investment Committee. XI. COLLATERALIZATION SAFEKEEPING It is imperative that the securities in the Investment Portfolio be protected through independent safekeeping and all time deposits and demand bank Excel cash balances be protected with sufficient collateral at a minimum of 102% daily of current market values to guard against market and volatility risk. needed. A. Pledged Collateral for Time and Demand Deposits Depository collateral is pledged to and not owned by the City. All collateral shall be held by a custodian approved by the City under an executed collateral agreement. The market value of pledged collateral for time and demand deposits Collateral must be at least 102% of the principal plus accrued interest. All collateral shall be held by an independent custodian outside the holding company of the pledging bank. for Excess Cash'Balancc., . Original evidence of City proper collateralization in the form of original safekeeping receipts will be provided to the City Treasurer and will be maintained in the City Treasurer's Office. The custodian will provide a monthly listing of collateral describing the securities and giving a market value. An investment officer will approve and release all pledged collateral. The Investment Officers will monitor adequacy of collateralization on a weekly basis. City Treasurer and will be maintained in the City% Treasurer Office. An authorized City Representative (See Appendix A) will approve- and release all pledged-se-Hater-al. B. Collateral Substitution Collateralized investments and certificates of deposit often require substitution of Collateral. Any Institution must contact the Investment Officers for approval and settlement. The substituted collateral's value will be calculated and substitution approved if its value is equal to or greater than the required collateral value. Substitution is allowable for all transactions, but should be limited, to minimize the City's potential administrative problems. —87— 18 C. Collateral Reductions Should the collateral's market value exceed the required amount, any Institution may request approval from the Investment Officer to reduce collateral. Collateral reductions may be permitted only if the City's records indicate that the collateral's market value exceeds the required amount. D. Prohibited Securities Investment securities described in Section 2256.009(b) Government Code, shall not be eligible for use as collateral of City monies governed by this Policy. XII. SAFEKEEPING OF CITY SECURITIES A. Third Party Safekeeping Agreement The City shall utilize its banking services depository or other banks sehtrast-4th- a Banker -Banks for the safekeeping of City owned S securities The delivery of all securities into safekeeping will be done on a delivery versus payment basis. a Third Party Safekeeping InfAitution as Collateral to secure certificates of deposit, repurchase agreements, aranteod investment contracts or Excess Ga es. B. Safekeeping of Certificate of Deposit Collateral All Collateral securing bank and savings and loan deposits must be held by a Third Party Safekeeping Institution approved by the City, or Collateral may be held at the Federal Reserve Bank. Safekeeping of Repurchase Agreement Collateral Repurchase Agreement Collateral is restricted to U.S. Treasuries and must be delivered to a Third'Party Safekeeping Institution with which the City has (subject to the limitation described in Section XI.D above) established a third -party safekeeping agreement. D. Guaranteed Investment Agreement Collateral Guaranteed investment contract collateral is restricted to U.S. Treasuries and Agencies (subject to the limitation described in Section XI.D above) and must be delivered to a Third -Party Safekeeping Institution with which a third -party safekeeping agreement has been established pursuant to the terms of the guaranteed investment contract. three to five years. -88- 19 XIII. INFORMATION REPORTING /PORTFOLIO EVALUATION A. The City Treasurer and Investment Analyst as arc hereby designated as --the Investment Officers and are responsible for reporting the-deity-operation-cif-the to the Investment Committee and City Council on a quarterly basis in accordance with the Act. B. Quarterly Investment Reports are to include the following in accordance with the Act: a. Combined Investment Portfolio Report of Market versus Book Values b. Combined Portfolio Composition c. Individual Portfolio Composition d. Cash and Cash Equivalents, U.S. Treasuries and Investments Greater than One year e. Combined Summary of Investment Transactions f. Combined Investment Portfolio - Weighted Average Maturity g. Investment Revenue h. Analysis of Excess Collateral Coverage i. Aggregate Activity Per Broker j. Comparison of Investment Returns to Benchmarks k. Investment Portfolio Report - Lake Texana Project and Packery Channel Project I. Bond Funds by Issue m. Approved Institutional Brokers n. Pools and Money Market Accounts o. Economic and Interest Rate Forecast Glossary Compliance Statement Quarterly Investment Committee Meeting Minutes er As ictanf City Managers City-Attorney Director of Management and Budget or if vacant, Ascistant Director of making recommendations regarding the City's Investment program to the City C. Internal Reporting /Evaluation In addition, T the following reports are to be submitted on a monthly basis: 1) 2) Cash position by bank account Collateral position Investment transactions —89— 20 Collateral Position 2. Quarterly Reporting to Invcstment Committee and City Council. Schedules D. External Reporting /Evaluations On a quarterly basis, any institution holding City time or demand deposits the will provide to the Investment Officers for the institution's review a copy of the balance sheet and income statement for the Call Report for review. All depository and brokerage institutions will provide annual audited financial statements. Any Public Funds Investment Pools must provide reports and disclosure statements as required -`by the Public Funds Investment Act. E. Record Retention The City follows the guidelines of retaining records for five years from City's current fiscal year, as recommended in the Texas State Library Municipal Records Manual or may be authorized by the City's local records management guidelines. XIV. BANKING SERVICES All depository : services are provided in the City's main depository agreement. Other services such as credit cards, direct deposit of payroll or other services may be administered through separate agreements. To aggressively invest Excess Cash Balances, controlled disbursements accounts, zero balance accounts and other cash management tools may be employed. XV. ANNUAL POLICY ADOPTION This Policy will be reviewed and adopted by the City Council no less than annually. The accepting ordinance resolution will include a description of all changes made to this Policy. XVI. GENERAL PROVISIONS A. Audits and Inspections. During regular business hours and as often as the Investment Officers deem necessary, the Institution providing certificates of deposit will make available for examination by the City Manager, his duly authorized agent, accountant, or legal representative, such records and data to assure the pledge of Collateral, availability of Collateral, and financial stability of the Institution. 21 _90_ B. Compliance with Laws. Each Institution agrees to comply with all federal, state, and local laws, rules, regulations, and ordinances. The personnel or officers of such Institution shall be fully qualified and authorized under federal, state, and local law to perform the services set out under this Policy. Each Institution shall permit the Investment Officers to audit, examine, and make excerpts or transcripts from such records and to make audits of all contract, invoices, materials, and other data relating to applicable Investments. C. Performance Audits. The City's Annual External Financial Audit shall include a compliance audit of management controls on Investments and adherence to this Policy. If the City invests in other than money market mutual funds, investment public funds investment pools or accounts offered by its depository in the form of certificates of deposit or money market accounts, the quarterly reports prepared by Investment Officers for the City Council must be formally reviewed at least annually by an independent auditor. The results of the review must be reported to the City Council by that auditor. D. Investment Policy Resolution. The resolution authorizing this Investment Policy is attached hereto as Appendix C. -91- 22 APPENDIX A Texas Public Funds Investment Act Texas Government Code, Chapter 2256 GOVERNMENT CODE CHAPTER 2256. PUBLIC FUNDS INVESTMENT GOVERNMENT CODE TITLE 10. GENERAL GOVERNMENT SUBTITLE F. STATE AND LOCAL CONTRACTS AND FUND MANAGEMENT CHAPTER 2256. PUBLIC FUNDS INVESTMENT SUBCHAPTER A. AUTHORIZED INVESTMENTS FOR GOVERNMENTAL ENTITIES Sec. 2256.001. SHORT TITLE. This chapter may be cited as the Public Funds Investment Act. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.002. DEFINITIONS. In this chapter: (1) "Bond proceeds" means the proceeds from the sale of bonds, notes, and other obligations issued by an entity, and reserves and funds maintained by an entity for debt service purposes. (2) "Book value" means the original acquisition cost of an investment plus or minus the accrued amortization or accretion. (3) "Funds" means public funds in the custody of a state agency or local government that: (A) are not required by law to be deposited in the state treasury; and (B) the investing entity has authority to invest. (4) "Institution of higher education" has the meaning assigned by Section 61.003, Education Code. (5) "Investing entity" and "entity" mean an entity subject to this chapter and described by Section 2256.003. (6) "Investment pool ", means an entity created under this code to invest public funds jointly on behalf of the entities that participate in the pool and whose investment objectives in order of priority are: (A) preservation and safety of principal; (B) liquidity; and (C) yield. (7) "Local government" means a municipality, a county, a school district, a district or authority created under Section 52(b)(1) or (2), Article III, or Section 59, Article XVI, Texas Constitution, a fresh water supply district, a hospital district, and any political subdivision, authority, public corporation, body politic, or instrumentality of the State of Texas, and any nonprofit corporation acting on behalf of any of those entities. (8) "Market value" means the current face or par Page -1 - value of an investment multiplied by the net selling price of the security as quoted by a recognized market pricing source quoted on the valuation date. (9) "Pooled fund group" means an internally created fund of an investing entity in which one or more institutional accounts of the investing entity are invested. (10) "Qualified representative" means a person who holds a position with a business organization, who is authorized to act on behalf of the business organization, and who is one of the following: (A) for a business organization doing business that is regulated by or registered with a securities commission, a person who is registered under the rules of the National Association of Securities Dealers; (B) for a state or federal bank, a savings bank, or a state or federal credit union, a member of the loan committee for the bank or branch of the bank or a person authorized by corporate resolution to act on behalf of and bind the banking institution; (C) for an investment pool, the person authorized by the elected official or board with authority to administer the activities of the investment pool to sign the written instrument on behalf of the investment pool; or (D) for an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b -1 et seq.) or, if not subject to registration under that Act, registered with the State Securities Board, a person who is an officer or principal of the investment management firm. (11) "School district" means a public school district. (12) "Separately invested asset" means an . account or fund of a state agency or local government that is not invested in a pooled fund group. (13) "State agency" means an office, department, commission, board, or other agency that is part of any branch of state government, an institution of higher education, and any nonprofit corporation acting on behalf of any of those entities. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec. 1, eff. Sept. 1, 1999. Sec. 2256.003. AUTHORITY TO INVEST FUNDS; ENTITIES SUBJECT TO THIS CHAPTER. (a) Each governing body of the following entities may purchase, sell, and invest its funds and funds under its control in investments authorized under this Page -2 - subchapter in compliance with investment policies approved by the governing body and according to the standard of care prescribed by Section 2256.006: (1) a local government; (2) a state agency; (3) a nonprofit corporation acting on behalf of a local government or a state agency; or (4) an investment pool acting on behalf of two or more local governments, state agencies, or a combination of those entities. (b) In the exercise of its powers under Subsection (a), the governing body of an investing entity may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b -1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control. A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the governing body of the investing entity by order, ordinance, or resolution." (c) This chapter does not prohibit an investing entity or investment officer from using the entity's employees or the services of a contractor of the entity to aid the investment officer in the execution of the officer's duties under this chapter. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1454, Sec. 2, eff. Sept. 1, 1999. Sec. 2256.004. APPLICABILITY. (a) This subchapter does not apply to: (1) a public retirement system as defined by Section 802.001; (2) state funds invested as authorized by Section 404.024; (3) an institution of higher education having total endowments of at least $95 million in book value on May 1, 1995; (4) funds invested by the Veterans' Land Board as authorized by Chapter 161, 162, or 164, Natural Resources Code; (5) registry funds deposited with the county or district clerk under Chapter 117, Local Government Code; or (6) a deferred compensation plan that qualifies under either Section 401(k) or 457 of the Internal Revenue Code of 1986 (26 U.S.C. Section 1 et seq.), as amended. (b) This subchapter does not apply to an investment donated to an investing entity for a particular purpose or under Page -3 - terms of use specified by the donor. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 505, Sec. 24, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1421, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 8.21, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1454, Sec. 3, eff. Sept. 1, 1999. Sec. 2256.005. INVESTMENT POLICIES; INVESTMENT STRATEGIES; INVESTMENT OFFICER. (a) The governing body of an investing entity shall adopt by rule, order, ordinance, or resolution, as appropriate, a written investment policy regarding the investment of its funds and funds under its control. (b) The investment policies must: (1) be written; (2) primarily emphasize safety of principal and liquidity; (3) address investment diversification, yield, and maturity and the quality and capability of investment management; and (4) include: (A) a list of the types of authorized investments in which the investing entity's funds may be invested; (B) the maximum allowable stated maturity of any individual investment owned by the entity; (C) for pooled fund groups, the maximum dollar - weighted average maturity allowed based on the stated maturity date for the portfolio; (D) methods to monitor the market price of investments acquired with public funds; and (E) a requirement for settlement of all transactions, except investment pool funds and mutual funds, on a delivery versus payment basis. (c) The investment policies may provide that bids for certificates of deposit be solicited: (1) orally; (2) in writing; (3) electronically; or (4) in any combination of those methods. (d) As an integral part of an investment policy, the governing body shall adopt a separate written investment strategy for each of the funds or group of funds under its control. Each investment strategy must describe the investment objectives for the particular fund using the following Page -4 - priorities in order of importance: (1) understanding of the suitability of the investment to the financial requirements of the entity; (2) preservation and safety of principal; (3) liquidity; (4) marketability of the investment if the need arises to liquidate the investment before maturity; (5) diversification of the investment portfolio; and (6) yield. (e) The governing body of an investing entity shall review its investment policy and investment strategies not less than annually. The governing body shall adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed the investment policy and investment strategies and that the written instrument so adopted shall record any changes made to either the investment policy or investment strategies. (f) Each investing entity shall designate, by rule, order, ordinance, or resolution, as appropriate, one or more officers or employees of the state agency, local government, or investment pool as investment officer to be responsible for the investment of its funds consistent with the investment policy adopted by the entity. If the governing body of an investing entity has contracted with another investing entity to invest its funds, the investment officer of the other investing entity is considered to be the investment officer of the first investing entity for purposes of this chapter. Authority granted to a person to invest an entity's funds is effective until rescinded by the investing entity, until the expiration of the officer's term or the termination of the person's employment by the investing entity, or if an investment management firm, until the expiration of the contract with the investing entity. In the administration of the duties of an investment officer, the person designated as investment officer shall exercise the judgment and care, under prevailing circumstances, that a prudent person would exercise in the management of the person's own affairs, but the governing body of the investing entity retains ultimate responsibility as fiduciaries of the assets of the entity. Unless authorized by law, a person may not deposit, withdraw, transfer, or manage in any other manner the funds of the investing entity. (g) Subsection (f) does not apply to a state agency, local government, or investment pool for which an officer of the entity is assigned by law the function of investing its funds. Text of subsec. (h) as amended by Acts 1997, 75th Leg., ch. 685, Sec. 1 Page -5 - (h) An officer or employee of a commission created under Chapter 391, Local Government Code, is ineligible to be an investment officer for the commission under Subsection (f) if the officer or employee is an investment officer designated under Subsection (f) for another local government. Text of subsec. (h) as amended by Acts 1997, 75th Leg., ch. 1421, Sec. 3 (h) An officer or employee of a commission created under Chapter 391, Local Government Code, is ineligible to be designated as an investment officer under Subsection (f) for any investing entity other than for that commission. (i) An investment officer of an entity who has a personal business relationship with a business organization offering to engage in an investment transaction with the entity shall file a statement disclosing that personal business interest. An investment officer who is related within the second degree by affinity or consanguinity, as determined under Chapter 573, to an individual seeking to sell an investment to the investment officer's entity shall file a statement disclosing that relationship. A statement required under this subsection must be filed with the Texas Ethics Commission and the governing body of the entity. For purposes of this subsection, an investment officer has a personal business relationship with a business organization if: (1) the investment officer owns 10 percent or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization; (2) funds received by the investment officer from the business organization exceed 10 percent of the investment officer's gross income for the previous year; or (3) the investment officer has acquired from the business organization during the previous year investments with a book value of $2,500 or more for the personal account of the investment officer. (j) The governing body of an investing entity may specify in its investment policy that any investment authorized by this chapter is not suitable. (k) A written copy of the investment policy shall be presented to any person offering to engage in an investment transaction with an investing entity or to an investment management firm under contract with an investing entity to invest or manage the entity's investment portfolio. For Page -6 - purposes of this subsection, a business organization includes investment pools and an investment management firm under contract with an investing entity to invest or manage the entity's investment portfolio. Nothing in this subsection relieves the investing entity of the responsibility for monitoring the investments made by the investing entity to determine that they are in compliance with the investment policy. The qualified representative of the business organization offering to engage in an investment transaction with an investing entity shall execute a written instrument in a form acceptable to the investing entity and the business organization substantially to the effect that the business organization has: (1) received and reviewed the investment policy of the entity; and (2) acknowledged that the business organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the entity and the organization that are not authorized by the entity's investment policy, except to the extent that this authorization is dependent on an analysis of the makeup of the entity's entire portfolio or requires an interpretation of subjective investment standards. (1) The investment officer of an entity may not acquire or otherwise obtain any authorized investment described in the investment policy of the investing entity from a person who has not delivered to the entity the instrument required by Subsection (k). (m) An investing entity other than a state agency, in conjunction with its annual financial audit, shall perform a compliance audit of management controls on investments and adherence to the entity's established investment policies. (n) Except as provided by Subsection (o), at least once every two years a state agency shall arrange for a compliance audit of management controls on investments and adherence to the agency's established investment policies. The compliance audit shall be performed by the agency's internal auditor or by a private auditor employed in the manner provided by Section 321.020. Not later than January 1 of each even - numbered year a state agency shall report the results of the most recent audit performed under this subsection to the state auditor. Subject to a risk assessment and to the legislative audit committee's approval of including a review by the state auditor in the audit plan under Section 321.013, the state auditor may review information provided under this section. If review by the state auditor is approved by the legislative audit committee, the Page -7 - state auditor may, based on its review, require a state agency to also report to the state auditor other information the state auditor determines necessary to assess compliance with laws and policies applicable to state agency investments. A report under this subsection shall be prepared in a manner the state auditor prescribes. (o) The audit requirements of Subsection (n) do not apply to assets of a state agency that are invested by the comptroller under Section 404.024. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 685, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1421, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec. 4, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 785, Sec. 41, eff. Sept. 1, 2003. Sec. 2256.006. STANDARD OF CARE. (a) Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Investment of funds shall be governed by the following investment objectives, in order of priority: (1) preservation and safety of principal; (2) liquidity; and (3) yield. (b) In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: (1) the investment of all funds, or funds under the entity's control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment; and (2) whether the investment decision was consistent with the written investment policy of the entity. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.007. INVESTMENT TRAINING; STATE AGENCY BOARD MEMBERS AND OFFICERS. (a) Each member of the governing board of a state agency and its investment officer shall attend at least one training session relating to the person's responsibilities under this chapter within six months after taking office or assuming duties. (b) The Texas Higher Education Coordinating Board shall Page -8 - -100- provide the training under this section. (c) Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with this chapter. (d) An investment officer shall attend a training session not less than once in a two -year period and may receive training from any independent source approved by the governing body of the state agency. The investment officer shall prepare a report on this subchapter and deliver the report to the governing body of the state agency not later than the 180th day after the last day of each regular session of the legislature. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 73, Sec. 1, eff. May 9, 1997; Acts 1997, 75th Leg., ch. 1421, Sec. 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec. 5, eff. Sept. 1, 1999. Sec. 2256.008. INVESTMENT TRAINING; LOCAL GOVERNMENTS. (a) Except as provided by Subsections (b) and (e), the treasurer, the chief financial officer if the treasurer is not the chief financial officer, and the investment officer of a local government shall: (1) attend at least one training session from an independent source approved by the governing body of the local government or a designated investment committee advising the investment officer as provided for in the investment policy of the local government and containing at least 10 hours of instruction relating to the treasurer's or officer's responsibilities under this subchapter within 12 months after taking office or assuming duties; and (2) except as provided by Subsections (b) and (e), attend an investment training session not less than once in a two -year period and receive not less than 10 hours of instruction relating to investment responsibilities under this subchapter from an independent source approved by the governing body of the local government or a designated investment committee advising the investment officer as provided for in the investment policy of the local government. (b) An investing entity created under authority of Section 52(b), Article III, or Section 59, Article XVI, Texas Constitution, that has contracted with an investment management firm under Section 2256.003(b) and has fewer than five full -time employees or an investing entity that has contracted with another investing entity to invest the entity's funds may satisfy the training requirement provided by Subsection (a)(2) by having an officer of the governing body attend four hours of Page -9 - -101- appropriate instruction in a two -year period. The treasurer or chief financial officer of an investing entity created under authority of Section 52(b), Article III, or Section 59, Article XVI, Texas Constitution, and that has fewer than five full -time employees is not required to attend training required by this section unless the person is also the investment officer of the entity. (c) Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with this chapter. (d) Not later than December 31 each year, each individual, association, business, organization, governmental entity, or other person that provides training under this section shall report to the comptroller a list of the governmental entities for which the person provided required training under this section during that calendar year. An individual's reporting requirements under this subsection are satisfied by a report of the individual's employer or the sponsoring or organizing entity of a training program or seminar. (e) This section does not apply to a district governed by Chapter 36 or 49, Water Code. Amended by Acts 1995, 74th Leg., ch. 402 1995; Acts 1997, 75th Leg., ch. 1421, 1997; Acts 1999, 76th Leg., ch. 1454, 1999; Acts 2001, 77th Leg., ch. 69, Sec. , Sec. 1, eff. Sept. Sec. 5, eff. Sept. Sec. 6, eff. Sept. 4, eff. May 14, 2001. 1, 1, 1, Sec. 2256.009. AUTHORIZED INVESTMENTS: OBLIGATIONS OF, OR GUARANTEED BY GOVERNMENTAL ENTITIES. (a) Except as provided by Subsection (b), the following are authorized investments under this subchapter: (1) obligations, including letters of credit, of the United States or its agencies and instrumentalities; (2) direct obligations of this state or its agencies and instrumentalities; (3) collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States; (4) other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, this state or the United States or their respective agencies and instrumentalities; (5) obligations of states, cities, and other political subdivisions to investment quality by a nationally Page -10 - -102- agencies, counties, of any state rated as recognized investment rating firm not less than A or its equivalent; and (6) bonds issued, assumed, or guaranteed by the State of Israel. (b) The following are not authorized investments under this section: (1) obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage- backed security collateral and pays no principal; (2) obligations whose payment represents the principal stream of cash flow from the underlying mortgage - backed security collateral and bears no interest; (3) collateralized mortgage obligations that have a stated final maturity date of greater than 10 years; and (4) collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1454, Sec. 7, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 558, Sec. 1, eff. Sept. 1, 2001. Sec. 2256.010. AUTHORIZED INVESTMENTS: CERTIFICATES OF DEPOSIT AND SHARE CERTIFICATES. (a) A certificate of deposit or share certificate is an authorized investment under this subchapter if the certificate is issued by a depository institution that has its main office or a branch office in this state and is: (1) guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor; (2) secured by obligations that are described by Section 2256.009(a), including mortgage backed securities directly issued by a federal agency or instrumentality that have a market value of not less than the principal amount of the certificates, but excluding those mortgage backed securities of the nature described by Section 2256.009(b); or (3) secured in any other manner and amount provided by law for deposits of the investing entity. (b) In addition to the authority to invest funds in certificates of deposit under Subsection (a), an investment in certificates of deposit made in accordance with the following conditions is an authorized investment under this subchapter: (1) the funds are invested by an investing entity through a depository institution that has its main office or a branch office in this state and that is selected by the investing entity; Page -11 - -103- (2) the depository institution selected by the investing entity under Subdivision (1) arranges for the deposit of the funds in certificates of deposit in one or more federally insured depository institutions, wherever located, for the account of the investing entity; (3) the full amount of the principal and accrued interest of each of the certificates of deposit is insured by the United States or an instrumentality of the United States; (4) the depository institution selected by the investing entity under Subdivision (1) acts as custodian for the investing entity with respect to the certificates of deposit issued for the account of the investing entity; and (5) at the same time that the funds are deposited and the certificates of deposit are issued for the account of the investing entity, the depository institution selected by the investing entity under Subdivision (1) receives an amount of deposits from customers of other federally insured depository institutions, wherever located, that is equal to or greater than the amount of the funds invested by the investing entity through the depository institution selected under Subdivision (1). Amended by Acts 1995, 74th Leg., ch. 32, Sec. 1, eff. April 28, 1995; Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 6, eff. Sept. 1, 1997. Amended by: Acts 2005, 79th Leg., Ch. 128, Sec. 1, eff. September 1, 2005. Sec. 2256.011. AUTHORIZED INVESTMENTS: REPURCHASE AGREEMENTS. (a) A fully collateralized repurchase agreement is an authorized investment under this subchapter if the repurchase agreement: (1) has a defined termination date; (2) is secured by obligations described by Section 2256.009(a)(1); and (3) requires the securities being purchased by the entity to be pledged to the entity, held in the entity's name, and deposited at the time the investment is made with the entity or with a third party selected and approved by the entity; and (4) is placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this state. (b) In this section, "repurchase agreement" means a simultaneous agreement to buy, hold for a specified time, and sell back at a future date obligations described by Section 2256.009(a)(1)., at a market value at the time the funds are Page -12 - -104- disbursed of not less than the principal amount of the funds disbursed. The term includes a direct security repurchase agreement and a reverse security repurchase agreement. (c) Notwithstanding any other law, the term of any reverse security repurchase agreement may not exceed 90 days after the date the reverse security repurchase agreement is delivered. (d) Money received by an entity under the terms of a reverse security repurchase agreement shall be used to acquire additional authorized investments, but the term of the authorized investments acquired must mature not later than the expiration date stated in the reverse security repurchase agreement. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.0115. AUTHORIZED INVESTMENTS: SECURITIES LENDING PROGRAM. (a) A securities lending program is an authorized investment under this subchapter if it meets the conditions provided by this section. (b) To qualify as an authorized investment under this subchapter: (1) the value of securities loaned under the program must be not less than 100 percent collateralized, including accrued income; (2) a loan made under the program must allow for termination at any time; (3) a loan made under the program must be secured by: (A) pledged securities described by Section 2256.009; (B) pledged irrevocable letters of credit issued by a bank that is: (i) organized and existing under the laws of the United States or any other state; and (ii) continuously rated by at least one nationally recognized investment rating firm at not less than A or its equivalent; or (C) cash invested in accordance with Section: (i) 2256.009; (ii) 2256.013; (iii) 2256.014; or (iv) 2256.016; (4) the terms of a loan made under the program must require that the securities being held as collateral be: (A) pledged to the investing entity; (B) held in the investing entity's name; and (C) deposited at the time the investment is made Page -13 - -105- with the entity or with a third party selected by or approved by the investing entity; (5) a loan made under the program must be placed through: (A) a primary government securities dealer, as defined by 5 C.F.R. Section 6801.102(f), as that regulation existed on September 1, 2003; or (B) a financial institution doing business in this state; and (6) an agreement to lend securities that is executed under this section must have a term of one year or less. Added by Acts 2003, 78th Leg., ch. 1227, Sec. 1, eff. Sept. 1, 2003. Sec. 2256.012. AUTHORIZED INVESTMENTS: BANKER'S ACCEPTANCES. A bankers' acceptance is an authorized investment under this subchapter if the bankers' acceptance: (1) has a stated maturity of 270 days or fewer from the date of its issuance; (2) will be, in accordance with its terms, liquidated in full at maturity; (3) is eligible for collateral for borrowing from a Federal Reserve Bank; and (4) is accepted by a bank organized and existing under the laws of the United States or any state, if the short - term obligations of the bank, or of a bank holding company of which the bank is the largest subsidiary, are rated not less than A -1 or P -1 or an equivalent rating by at least one nationally recognized credit rating agency. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.013. AUTHORIZED INVESTMENTS: COMMERCIAL PAPER. Commercial paper is an authorized investment under this subchapter if the commercial paper: (1) has a stated maturity of 270 days or fewer from the date of its issuance; and (2) is rated not less than A -1 or P -1 or an equivalent rating by at least: (A) two nationally recognized credit rating agencies; or (B) one nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit issued by a bank organized and existing under the laws of the United States or any state. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, Page -.14 - -106- 1995. Sec. 2256.014. AUTHORIZED INVESTMENTS: MUTUAL FUNDS. (a) A no -load money market mutual fund is an authorized investment under this subchapter if the mutual fund: (1) is registered with and regulated by the Securities and Exchange Commission; (2) provides the investing entity with a prospectus and other information required by the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the Investment Company Act of 1940 (15 U.S.C. Section 80a -1 et seq.); (3) has a dollar- weighted average stated maturity of 90 days or fewer; and (4) includes in its investment objectives the maintenance of a stable net asset value of $1 for each share. (b) In addition to a no -load money market mutual fund permitted as an authorized investment in Subsection (a), a no- load mutual fund is an authorized investment under this subchapter if the mutual fund: (1) is registered with the Securities and Exchange Commission; (2) has an average weighted maturity of less than two years; (3) is invested exclusively in obligations approved by this subchapter; (4) is continuously rated as to investment quality by at least one nationally recognized investment rating firm of not less than AAA or its equivalent; and (5) conforms to the requirements set forth in Sections 2256.016(b) and (c) relating to the eligibility of investment pools to receive and invest funds of investing entities. (c) An entity is not authorized by this section to: (1) invest in the aggregate more than 15 percent of its monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service, in mutual funds described in Subsection (b); (2) invest any portion of bond proceeds, reserves and funds held for debt service, in mutual funds described in Subsection (b); or (3) invest its funds or funds under its control, including bond proceeds and reserves and other funds held for debt service, in any one mutual fund described in Subsection (a) or (b) in an amount that exceeds 10 percent of the total assets of the mutual fund. Amended by Acts 1995, 74th Leg., ch. 402, Sec: 1, eff. Sept. 1, Page -15 - -107- 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 7, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec. 8, eff. Sept. 1, 1999. Sec. 2256.015. AUTHORIZED INVESTMENTS: GUARANTEED INVESTMENT CONTRACTS. (a) A guaranteed investment contract is an authorized investment for bond proceeds under this subchapter if the guaranteed investment contract: (1) has a defined termination date; (2) is secured by obligations described by Section 2256.009(a)(1), excluding those obligations described by Section 2256.009(b), in an amount at least equal to the amount of bond proceeds invested under the contract; and (3) is pledged to the entity and deposited with the entity or with a third party selected and approved by the entity. (b) Bond proceeds, other than bond proceeds representing reserves and funds maintained for debt service purposes, may not be invested under this subchapter in a guaranteed investment contract with a term of longer than five years from the date of issuance of the bonds. (c) To be eligible as an authorized investment: (1) the governing body of the entity must specifically authorize guaranteed investment contracts as an eligible investment in the order, ordinance, or resolution authorizing the issuance of bonds; (2) the entity must receive bids from at least three separate providers with no material financial interest in the bonds from which proceeds were received; (3) the entity must purchase the highest yielding guaranteed investment contract for which a qualifying bid is received; (4) the price of the guaranteed investment contract must take into account the reasonably expected drawdown schedule for the bond proceeds to be invested; and (5) the provider must certify the administrative costs reasonably expected to be paid to third parties in connection with the guaranteed investment contract. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 8, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec. 9, 10, eff. Sept. 1, 1999. Sec. 2256.016. AUTHORIZED INVESTMENTS: INVESTMENT POOLS. (a) An entity may invest its funds and funds under its control through an eligible investment pool if the governing body of the Page -16 - -108- entity by rule, order, ordinance, or resolution, as appropriate, authorizes investment in the particular pool. An investment pool shall invest the funds it receives from entities in authorized investments permitted by this subchapter. (b) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity an offering circular or other similar disclosure instrument that contains, at a minimum, the following information: (1) the types of investments in which money is allowed to be invested; (2) the maximum average dollar - weighted maturity allowed, based on the stated maturity date, of the pool; (3) the maximum stated maturity date any investment security within the portfolio has; (4) the objectives of the pool; (5) the size of the pool; (6) the names of the members of the advisory board of the pool and the dates their terms expire; (7) the custodian bank that will safekeep the pool's assets; (8) whether the intent of the pool is to maintain a net asset value of one dollar and the risk of market price fluctuation; (9) whether the only source of payment is the assets of the pool at market value or whether there is a secondary source of payment, such as insurance or guarantees, and a description of the secondary source of payment; (10) the name and address of the independent auditor of the pool; (11) the requirements to be satisfied for an entity to deposit funds in and withdraw funds from the pool and any deadlines or other operating policies required for the entity to invest funds in and withdraw funds from the pool; and (12) the performance history of the pool, including yield, average dollar- weighted maturities, and expense ratios. (c) To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity: (1) investment transaction confirmations; and (2) a monthly report that contains, at a minimum, the following information: (A) the types and percentage breakdown of securities in which the pool is invested; Page -17 - -109- (B) the current average dollar - weighted maturity, based on the stated maturity date, of the pool; (C) the current percentage of the pool's portfolio in investments that have stated maturities of more than one year; (D) the book value versus the market value of the pool's portfolio, using amortized cost valuation; (E) the size of the pool; (F) the number of participants in the pool; (G) the custodian bank that is safekeeping the assets of the pool; (H) a listing of daily transaction activity of the entity participating in the pool; (I) the yield and expense ratio of the pool; (J) the portfolio managers of the pool; and (K) any changes or addenda to the offering circular. (d) An entity by contract may delegate to an investment pool the authority to hold legal title as custodian of investments purchased with its local funds. (e) In this section, "yield" shall be calculated in accordance with regulations governing the registration of open - end management investment companies under the Investment Company Act of 1940, as promulgated from time to time by the federal Securities and Exchange Commission. (f) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, a public funds investment pool created to function as a money market mutual fund must mark its portfolio to market daily, and, to the extent reasonably possible, stabilize at a $1 net asset value. If the ratio of the market value of the portfolio divided by the book value of the portfolio is less than 0.995 or greater than 1.005, portfolio holdings shall be sold as necessary to maintain the ratio between 0.995 and 1.005. (g) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, a public funds investment pool must have an advisory board composed: (1) equally of participants in the pool and other persons who do not have a business relationship with the pool and are qualified to advise the pool, for a public funds investment pool created under Chapter 791 and managed by a state agency; or (2) of participants in the pool and other persons who do not have a business relationship with the pool and are qualified to advise the pool, for other investment pools. (h) To maintain eligibility to receive funds from and Page -18 - -110- invest funds on behalf of an entity under this chapter, an investment pool must be continuously rated no lower than AAA or AAA -m or at an equivalent rating by at least one nationally recognized rating service. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 9, eff. Sept. 1, 1997. Sec. 2256.017. EXISTING INVESTMENTS. An entity is not required to liquidate investments that were authorized investments at the time of purchase. Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.46(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1421, Sec. 10, eff. Sept. 1, 1997. Sec. 2256.019. RATING OF CERTAIN INVESTMENT POOLS. A public funds investment pool must be continuously rated no lower than AAA or AAA -m or at an equivalent rating by at least one nationally recognized rating service or no lower than investment grade by at least one nationally recognized rating service with a weighted average maturity no greater than 90 days. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1421, Sec. 11, eff. Sept. 1, 1997. Sec. 2256.020. AUTHORIZED INVESTMENTS: INSTITUTIONS OF HIGHER EDUCATION. In addition to the authorized investments permitted by this subchapter, an institution of higher education may purchase, sell, and invest its funds and funds under its control in the following: (1) cash management and fixed income funds sponsored by organizations exempt from federal income taxation under Section 501(f), Internal Revenue Code of 1986 (26 U.S.C. Section 501(f)); (2) negotiable certificates of deposit issued by a bank that has a certificate of deposit rating of at least 1 or the equivalent by a nationally recognized credit rating agency or that is associated with a holding company having a commercial paper rating of at least A -1, P -1, or the equivalent by a nationally recognized credit rating agency; and (3) corporate bonds, debentures, or similar debt obligations rated by a nationally recognized investment rating firm in one of the two highest long -term rating categories, without regard to gradations within those categories. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1; eff. Sept. 1, Page -19 - 1995. Sec. 2256.0201. AUTHORIZED INVESTMENTS; MUNICIPAL UTILITY. (a) A municipality that owns a municipal electric utility that is engaged in the distribution and sale of electric energy or natural gas to the public may enter into a hedging contract and related security and insurance agreements in relation to fuel oil, natural gas, coal, nuclear fuel, and electric energy to protect against loss due to price fluctuations. A hedging transaction must comply with the regulations of the Commodity Futures Trading Commission and the Securities and Exchange Commission. If there is a conflict between the municipal charter of the municipality and this chapter, this chapter prevails. (b) A payment by a municipally owned electric or gas utility under a hedging contract or related agreement in relation to fuel supplies or fuel reserves is a fuel expense, and the utility may credit any amounts it receives under the contract or agreement against fuel expenses. (c) The governing body of a municipally owned electric or gas utility or the body vested with power to manage and operate the municipally owned electric or gas utility may set policy regarding hedging transactions. (d) In this section, "hedging" means the buying and selling of fuel oil, natural gas, coal, nuclear fuel, and electric energy futures or options or similar contracts on those commodities and related transportation costs as a protection against loss due to price fluctuation. Added by Acts 1999, 76th Leg., ch. 405, Sec. 48, eff. Sept. 1, 1999. Amended by: Acts 2007, 80th Leg., R.S., Ch. 7, Sec. 1, eff. April 13, 2007. Sec. 2256.0205. AUTHORIZED INVESTMENTS; DECOMMISSIONING TRUST. (a) In this section: (1) "Decommissioning trust" means a trust created to provide the Nuclear Regulatory Commission assurance that funds will be available for decommissioning purposes as required under 10 C.F.R. Part 50 or other similar regulation. (2) "Funds" includes any money held in a decommissioning trust regardless of whether the money is considered to be public funds under this subchapter. (b) In addition to other investments authorized under this subchapter, a municipality that owns a municipal electric utility that is engaged in the distribution and sale of electric Page -20 - -112- energy or natural gas to the public may invest funds held in a decommissioning trust in any investment authorized by Subtitle B, Title 9, Property Code. Added by Acts 2005, 79th Leg., Ch. 121, Sec. 1, eff. September 1, 2005. Sec. 2256.021. EFFECT OF LOSS OF REQUIRED RATING. An investment that requires a minimum rating under this subchapter does not qualify as an authorized investment during the period the investment does not have the minimum rating. An entity shall take all prudent measures that are consistent with its investment policy to liquidate an investment that does not have the minimum rating. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.022. EXPANSION OF INVESTMENT AUTHORITY. Expansion of investment authority granted by this chapter shall require a risk assessment by the state auditor or performed at the direction of the state auditor, subject to the legislative audit committee's approval of including the review in the audit plan under Section 321.013. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 785, Sec. 42, eff. Sept. 1, 2003. Sec. 2256.023. INTERNAL MANAGEMENT REPORTS. (a) Not less than quarterly, the investment officer shall prepare and submit to the governing body of the entity a written report of investment transactions for all funds covered by this chapter for the preceding reporting period. (b) The report must: (1) describe in detail the investment position of the entity on the date of the report; (2) be prepared jointly by all investment officers of the entity; (3) be signed by each investment officer of the (4) contain a summary statement, prepared in compliance with generally accepted accounting principles, of each pooled fund group that states the: (A) beginning market value for the reporting (B) additions and changes to the market value during the period; (C) ending market value for the period; and entity; period; Page -21 - -113- (D) fully accrued interest for the reporting period; (5) state the book value and market value of each separately invested asset at the beginning and end of the reporting period by the type of asset and fund type invested; (6) state the maturity date of each separately invested asset that has a maturity date; (7) state the account or fund or pooled group fund in the state agency or local government for which each individual investment was acquired; and (8) state the compliance of the investment portfolio of the state agency or local government as it relates to: (A) the investment strategy expressed in the agency's or local government's investment policy; and (B) relevant provisions of this chapter. (c) The report shall be presented not less than quarterly to the governing body and the chief executive officer of the entity within a reasonable time after the end of the period. (d) If an entity invests in other than money market mutual funds, investment pools or accounts offered by its depository bank in the form of certificates of deposit, or money market accounts or similar accounts, the reports prepared by the investment officers under this section shall be formally reviewed at least annually by an independent auditor, and the result of the review shall be reported to the governing body by that auditor. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1421, Sec. 12, eff. Sept. 1, 1997. Sec. 2256.024. SUBCHAPTER CUMULATIVE. (a) The authority granted by this subchapter is in addition to that granted by other law. Except as provided by Subsection (b), this subchapter does not: (1) prohibit an investment specifically authorized by other law; or (2) authorize an investment specifically prohibited by other law. (b) Except with respect to those investing entities described in Subsection (c), a security described in Section 2256.009(b) is not an authorized investment for a state agency, a local government, or another investing entity, notwithstanding any other provision of this chapter or other law to the contrary. (c) Mortgage pass- through certificates and individual mortgage loans that may constitute an investment described in Page -22 - -114- Section 2256.009(b) are authorized investments with respect to the housing bond programs operated by: (1) the Texas Department of Housing and Community Affairs or a nonprofit corporation created to act on its behalf; (2) an entity created under Chapter 392, Local Government Code; or (3) an entity created under Chapter 394, Local Government Code. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.025. SELECTION OF AUTHORIZED BROKERS. The governing body of an entity subject to this subchapter or the designated investment committee of the entity shall, at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the entity. Added by Acts 1997, 75th Leg., ch. 1421, Sec. 13, eff. Sept. 1, 1997. Sec. 2256.026. STATUTORY COMPLIANCE. All investments made by entities must comply with this subchapter and all federal, state, and local statutes, rules, or regulations. Added by Acts 1997, 75th Leg., ch. 1421, Sec. 13, eff. Sept. 1, 1997. SUBCHAPTER B. MISCELLANEOUS PROVISIONS Sec. 2256.051. ELECTRONIC FUNDS TRANSFER. Any local government may use electronic means to transfer or invest all funds collected or controlled by the local government. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.052. PRIVATE AUDITOR. Notwithstanding any other law, a state agency shall employ a private auditor if authorized by the legislative audit committee either on the committee's initiative or on request of the governing body of the agency. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.053. PAYMENT FOR SECURITIES PURCHASED BY STATE. The comptroller or the disbursing officer of an agency that has the power to invest assets directly may pay for authorized securities purchased from or through a member in good standing of the National Association of Securities Dealers or from or through a national or state bank on receiving an invoice from Page -23 - -115- the seller of the securities showing that the securities have been purchased by the board or agency and that the amount to be paid for the securities is just, due, and unpaid. A purchase of securities may not be made at a price that exceeds the existing market value of the securities. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1423, Sec. 8.67, eff. Sept. 1, 1997. Sec. 2256.054. DELIVERY OF SECURITIES PURCHASED BY STATE. A security purchased under this chapter may be delivered to the comptroller, a bank, or the board or agency investing its funds. The delivery shall be made under normal and recognized practices in the securities and banking industries, including the book entry procedure of the Federal Reserve Bank. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1423, Sec. 8.68, eff. Sept. 1, 1997. Sec. 2256.055. DEPOSIT OF SECURITIES PURCHASED BY STATE. At the direction of the comptroller or the agency, a security purchased under this chapter may be deposited in trust with a bank or federal reserve bank or branch designated by the comptroller, whether in or outside the state. The deposit shall be held in the entity's name as evidenced by a trust receipt of the bank with which the securities are deposited. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1423, Sec. 8.69, eff. Sept. 1, 1997. Page -24 - -1 1 6- APPENDIX B Article V Code of Ethics 1 ARTICLE V. CODE OF ETHICS* DIVISION 1. RULES OF CONDUCT Sec. 2-310. Preamble. The purpose of this Code of Ethics is to promote public trust by establishing rules of conduct for city council members, board members, and employees; by providing a fair process for receiving and adjudicating complaints; and by requiring periodic financial disclosure. The rules of conduct form the basis for possible sanctions, and are therefore intended to clearly define proper conduct so that those who must comply may understand the rules and carry out their responsibilities consistently with the rules. It is recognized that situations with ethical implications will arise outside the prohibitions of the rules; in such situations, council members, board members, and employees are encouraged to keep in mind the ideal of the public trust and to conduct themselves in a manner to avoid the appearance of impropriety even where not compelled by the rules. If a council member believes that he /she should abstain from voting on an item to avoid the appearance of impropriety, as encouraged by this Code of Ethics Ordinance, or who in discussing or voting on an issue is unable to take an unbiased position, that council member shall be disqualified from discussions about and subsequent voting for that item under this city ordinance. The city recognizes that city council members are also members of the society and, therefore, cannot and should not be without any personal and economic interest in the decisions and policies of government; that city council members retain their rights as citizens to interests of a personal or economic nature and their rights to publicly express their views on matters of general public interest. It is not the intent of this ordinance to diminish the rights of city council members as citizens of the community. (Ord. No. 23772, § 1, 9 -21 -1999; Ord. No. 028170, § 1, 5 -12 -2009; Ord. No. 028271, § 2, 8 -18 -2009) Sec. 2-311. Standards. The following rules of conduct apply to all council members, board members, and employees: Special privileges. (1) You shall not use your office for private advancement or gain or to secure special privileges or exemptions for yourself or others. (2) You shall not grant any special consideration, treatment or advantage to any person or group beyond that which is available to others generally. (3) (a) You shall not use city facilities, personnel, equipment or supplies for purposes unrelated to the interests of the city, except to the extent such are lawfully available to the public. Notwithstanding the foregoing sentence, Corpus Christi police officers, airport public safety officers and municipal court marshals may wear their city- issued uniforms, badges, and other uniform attire, may use their city- issued radios, and may carry their city- issued weapons, on approved off -duty law enforcement employment; and Corpus Christi fire fighters may wear their city- issued uniforms, badges, and other uniform attire, and use their city - issued radios on approved off -duty fire watch employment. 2 (b) You may not spend or authorize the spending of public funds for political advertising. This prohibition does not apply to a communication that factually describes the purposes of a measure if the communication does not advocate passage or defeat of the measure. This paragraph shall be construed consistently with Texas Election Code Section 255.003. (4) Unless you are a council member, you shall not use the prestige of your position with the city on behalf of any political party or cause. Gifts: (5) You shall not accept or solicit any money, property, service or other thing of value by way of gift, favor, loan or otherwise that might reasonably tend to influence you in the discharge of your official duties or which you know or should have known was offered with the intent to influence or reward your official conduct. (5)(a) Special applications. Subsection 2- 311(5) does not include: (1) A gift to a city official or employee relating to a special occasion, such as a wedding, anniversary, graduation, birth, illness, death, or holiday, provided that the value of the gift is fairly commensurate with the occasion and the relationship between the donor and recipient; (2) Advancement for or reimbursement of reasonable expenses for travel in connection with official duties provided by third parties must be disclosed in the travel report; payment for or reimbursement of expenses for travel in excess of authorized rates under city policy will be treated as a personal gift to the official or employee for any applicable reporting requirement; (3) A public award or reward for meritorious service or professional achievement, provided that the award or reward is reasonable in light of the occasion and it is not prohibited under Texas Penal Code Section 36.08 (Gift to Public Servant by Person Subject to His Jurisdiction); (4) A loan from a lending institution made in its regular course of business on the same terms generally available to the public; (5) A scholarship or fellowship awarded on the same terms and based on the same criteria that are applied to other applicants; (6) Any solicitation for civic or charitable causes; (7) Admission to an event in which the city official or employee is participating in connection with his or her spouse's position; (8) Ceremonial and protocol gifts presented to city officials from a foreign government or international or multinational organization and accepted for the City of Corpus Christi; (9) Admission to a widely attended event, such as a convention, conference, symposium, forum, panel discussion, dinner, viewing, reception or similar event, offered by the sponsor of the event, and unsolicited by the city official or employee, if attending or participating in an official capacity, including: (A) the official or employee participates in the event as a speaker or panel participant by presenting information related to matters before the city; or (B) the official or employee performs a ceremonial function appropriate to that individual's position with the city; or 3 (C) attendance at the event is appropriate to the performance of the official duties or representative function of the official or employee; (10) Admission to a charity event provided by the sponsor of the event, where the offer is unsolicited by the city official or employee; (11) Admission to training or education program or other program, including meals and refreshments furnished to all attendees, if such training is related to the official or employee's official duties and the training is in the interest of the city. (6) In the event you receive any gift or loan of property or services on behalf of the city, you shall promptly deliver such gift or loan to the city manager for official acceptance and inventory of the city. Conflicts of interest: (7) In the event you or one of your relatives have a potential conflict of interest which could influence the council member's ability to make an impartial decision, an interest, a reasonable expectation of an economic benefit, or any substantial interest in a contract or transaction involving the city which comes before you in the performance of your official duties, you shall make a written disclosure of your interest in the matter and abstain from any vote or decision and not participate in any discussion on the matter. (8) You shall not engage in any outside activities or employment which will conflict or be incompatible with the full and proper discharge of your official duties, impair your independent judgment in the performance of your duties, or reflect discredit upon the city. (9) You shall not represent any other private person, or group or interest in any action or proceeding against or adverse to the interest of the city or in any litigation in which the city is a party. (10) You shall not represent any other private person or group in any action or proceeding in the municipal courts of the city which was instituted by city officers or employees in the course of their official duties. (11) You shall not receive any fee or compensation for your official services from any source other than the city except as may be provided by law or authorized by the city council. Actions adverse to the city: (12) You shall not disclose information that could adversely affect the property or affairs of the city. (13) You shall not knowingly perform or refuse to perform any act in order to deliberately thwart the execution of federal, state or local laws or regulations or the achievement of any official city programs. (14) You shall not engage in any felony crime, misdemeanor involving moral turpitude, or other conduct that reflects discredit on the city. Provisions for council members: (15) As a city council member, individually, you shall not have a substantial interest in any contract with the City of Corpus Christi. (16) In order to preserve and promote independent advice and decisions from city boards and the integrity of the independent board process as a council member, you shall not speak before any city board, commission or committee 4 except on behalf of your own financial interest; in which case, you shall publicly state the nature of your financial interest and that you are appearing only in your private capacity. (17) As a council member, you shall not give any orders to any employee except through the city manager as provided by the City Charter. (18) As a council member, you shall not participate in the process for the appointment of or the confirmation of the appointment of a member to a board, commission or committee of the city, or to the governing body of an independent entity all or part of whose members are appointed by the city council, after you are aware that an individual seeking, being promoted for, or being considered for the position: (1) Is related to you within a degree described by Section 573.002, Texas Government Code; (2) Is your employer; (3) Is a director or officer of a business entity (as defined in Section 171.001, Texas Local Government Code) which is your employer; or (4) Owns ten (10) per cent or more of the voting stock or shares of a business entity which is your employer. Provisions for board members: (19) As a board member, you shall not have a substantial interest in any contract with the city in which your board or commission, or the city department related thereto, has jurisdiction. (20) As a board member, you shall not represent or appear on behalf of the private interest of others before your board, commission or committee, the city council, or any board which has appellate jurisdiction over your board, commission or committee, concerning a matter which is within the subject matter jurisdiction of your board. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest.) Provisions for employees: (21) As an employee you shall not have an interest in any contract with the city. This prohibition does not include any employment contract which may be authorized for the employee, a contract of sale for real property or a contract for services which are available for all citizens. (22) Unless previously recommended by the city manager, and approved by the ethics commission, as an employee, you shall not, within twelve (12) months after leaving city employment, represent any other person or organization in any formal or informal appearance with the city council or any other agency or employee of the city concerning a project for which you had responsibility as an employee. (23) As an employee, you shall not represent or appear on behalf of the private interest of others before the city council or any board, commission or committee of the city. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest). (24) As an employee, you may not be employed by any business or individual who has business dealings with or for your department, including any work that is 5 subject to review or inspection by your department, even if you do not personally review or inspect the work of the business or individual. (Ord. No. 20781, § 1, 9 -19 -1989; Ord. No. 20913, § 1, 5 -1 -1990; Ord. No. 23772, § 2, 9 -21 -1999; Ord. No. 24613, § 1, 10 -9 -2001; Ord. No. 025769, § 1, 5 -25- 2004; Ord. No. 027642, § 1, 4 -8 -2008; Ord. No. 028170, § 1, 5 -12 -2009; Ord. No. 028271, § 2, 8 -18 -2009) Sec. 2-312. Definitions. The following definitions apply to the above rules of conduct: Board member: A member of any board, commission or committee of the city, including the board of any corporation created by the city. Economic benefit: An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. Employee: Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. Interest: Any direct or indirect pecuniary or material benefit in a contract or transaction other than: (1) An interest which is shared by and available to all other persons similarly situated; or (2) A remote or incidental interest which would not increase or decrease materially due to the action of the city or is less than two hundred dollars ($200.00) in value; or (3) An interest of a subcontractor which has no direct contractual relationship with the city, is receiving fair and reasonable compensation, and is not operating as a subterfuge to circumvent the code of ethics; or (4) An interest in real property acquired by the city which could otherwise be accomplished only through eminent domain provided that the property must be acquired for a public purpose and just compensation must be paid under the Texas Constitution after obtaining an independent appraisal. Relative: Spouse, father; mother, brother, sister, son, daughter, spouse's children, father -in -law, mother -in -law, brother -in -law, sister -in -law, son -in -law, daughter -in -law and adoptive relationships being treated the same as natural relationships. Substantial interest: Any interest in a business entity if a city council member or relative owns ten (10) per cent or more of voting stock or shares of the business entity or owns ten (10) per cent or more or five thousand dollars ($5,000.00) or more of the fair market value of the business entity or funds received from the business entity exceeds ten (10) per cent or more of the person's gross income for the previous year. A city council member has a substantial interest in real property if he or his relative controls or has an equitable or legal ownership interest with a fair market value of two thousand five hundred dollars ($2,500.00) or more. (Ord. No. 20781, § 1, 9 -19 -1989; Ord. No. 028170, § 2, 5 -12 -2009; Ord. No. 028271, § 3, 8 -18 -2009) Sec. 2 -313. Effect of violation. —122— 5 A violation of these rules of conduct shall subject the council member, board member or employee to appropriate disciplinary proceedings, but such violation shall not render the action ofthe city voidable by the city unless the action would not have been approved without the vote of the person who violated the rules of conduct. (Ord. No. 20781, § 1, 9 -19 -1989) Sec. 2 -314. Exceptions to abstention requirement. The requirement that a council member or board member abstain from voting on a matter or participating in discussion as contained in rule 7 of the rules of conduct shall not apply in the following situations, provided that such person has complied with the requirements of written disclosure of the interest: (a) In the event a majority of the members of the council or the board, commission or committee have filed a written disclosure of a conflict of interest on the matter and would be required to abstain; or (b) On the final approval of the budget when the person has abstained from a separate vote taken on the particular budget item pertaining to the conflict of interest and action or that particular item has been resolved. (Ord. No. 20781, § 1, 9 -19 -1989) Cross references: Rules of conduct, § 2 -311. Sec. 2 -315. Freedom of expression. Nothing contained in the code of ethics shall abridge the right of any citizen, whether or not a council member, board member or employee, to exercise his or her right of expression under the U.S. or Texas Constitutions. (Ord. No. 20781, § 1, 9 -19 -1989) erved. —123— 6 6 APPENDIX C RESOLUTION APPENDIX D Corpus Christi Code of Ordinances Chapter 39 Personnel Article I In General Sec. 39 -14. Legal defense and indemnification of city officers and employees. (a) Definitions. For the purposes of this section the term "officer" shall include any elected or appointed official of the city; and the term "employee" shall include all employees of the city, whether under civil service or not, including firemen and policemen, and shall include authorized volunteers, working under a volunteer program approved by the city manager. (b) Indemnification. Any officer or employee who is liable for the payment of any claims or damages arising out of the course and scope of employment shall be entitled to indemnification by the city provided that the acts or omissions resulting in such liability were done in good faith and without malicious or felonious intent. For the purposes of this section, the term "arising out of the course and scope of employment" shall not include any action which occurs during a period of time in which the officer or employee is engaged in outside employment or is rendering contractual services to someone other than the city. Whether the acts were done in good faith, without malicious or felonious intent, and within the course and scope of employment shall be determined by the city, and such determination shall be final for the purposes of the representation and indemnity of this section; provided, however, that in the event such representation and indemnity have been denied by the city, if upon a trial on the merits the city determines that the officer or employee was acting in good faith, without malicious or felonious intent and within the scope of employment the indemnification hereunder shall be granted and reasonable legal expenses incurred in the defense of the claim reimbursed. The city shall not be liable for any settlement of any such claim or suit effected without consent, and the city reserves the right to assert any defense and make any settlement of any claim or suit that it deems expedient. (c) Representation in actions. The city shall have the right and duty to provide legal representation through the city attorney, or in its discretion through the selection of outside legal counsel, to any officer or employee sued in connection with any claim for damages or other civil action against such person arising out of the course and scope of employment, provided that such officer or employee is entitled to indemnification as set forth in this section. Such legal representation shall be provided at no cost to the officer or employee, and any officer or employee may have his or her own counsel assist in the defense at the sole expense of the officer or employee. The officer or employee shall cooperate fully with the city in preparation and presentation of the case, and the failure to cooperate shall waive such officer's or employee's right to representation and indemnity under this section. (d) City's defenses. Nothing in this section shall be construed as waiving the city's defense of governmental immunity to it or its employees or officers in any action brought against the city or such officer or employee. For any suit or claim arising under the Texas Tort Claims Act, the indemnity provided by this section shall be limited to the statutory limits applicable to the city provided in said Act, as amended. (e) Notice. The provisions of this section shall apply only where the city has been given notice of the action brought against any city officer or employee within ten (10) days of service of process upon the officer or employee. (f) Disciplinary actions. Nothing in this section shall prevent the city from taking disciplinary action against any officer or employee for conduct defended or indemnified by the city under this section, either before or after conclusion of the civil suit. (g) Suits in behalf of the city. Nothing in this section shall require the city to indemnify any officer or employee for recoveries made against him or her in suits by or on behalf of the city. The city council may, however, authorize the city attorney to represent any officer or employee in a suit brought by a taxpayer in behalf of the city against the officer or employee. (Ord. No. 14320, § 1, 5 -17 -1978; Ord. No. 17867, §§ 1 - -3, 10 -5 -1983; Ord. No. 19863, § 1, 7 -21 -1987; Ord. No. 19864, § 1, 7 -21 -1987) Editor's note: Formerly numbered § 39 -16. RESOLUTION APPROVING AMENDMENT TO THE CITY INVESTMENT POLICY TO CHANGE THE MAXIMUM TOTAL AMOUNT THAT MAY BE INVESTED IN ANY PUBLIC FUNDS INVESTMENT POOL TO BE FIVE PERCENT OF THE TOTAL CURRENT INVESTED BALANCE OF THE POOL, CHANGING THE MAXIMUM TOTAL AMOUNT THAT MAY BE INVESTED IN ANY ONE OVERNIGHT PUBLIC FUNDS INVESTMENT POOL TO THIRTY PERCENT, AND OTHER ADMINISTRATIVE CHANGES; AND APPROVING THE INVESTMENT POLICY AS AMENDED. WHEREAS, the City of Corpus Christi Investment Policy was adopted in Resolution No. 022390 on October 24, 1995; amended in Resolution No. 022980 on July 8, 1997; amended in Resolution No. 023472 on October 27, 1998; amended in Resolution No. 023864 on December 14, 1999; amended in Resolution No. 024208 on September 12, 2000; amended in Resolution No. 024679 on December 11, 2001; amended in Resolution No. 025151 on December 17, 2002; amended in Resolution No. 025266 on April 15, 2003; amended in Resolution No. 025557 on November 11, 2003; amended in Resolution No. 026345 on July 19, 2005; amended in Resolution NO. 027290 on May 29, 2007; amended in Resolution 027520 on December 11, 2007; and reaffirmed in Resolution No. 027989 on December 16, 2009; WHEREAS, the Investment Policy provides for annual review by City Council; WHEREAS, the Public Funds Investment Act requires annual review by the governing body of its Investment Policy, and adoption of a written instrument stating that it has reviewed the investment policy; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City of Corpus Christi Investment Policy is amended to change the maximum total amount that may be invested in any public funds investment pool to be five percent of the total current invested balance of the pool, change the maximum total amount that may be invested in any one overnight public funds investment pool to thirty percent, and other administrative changes. SECTION 2. That the City Council has reviewed and approves the City Investment Policy as amended. A copy of the amended City Investment Policy is attached. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: December 4, 2009. Lisa Aguila terim City Attorney H: \LEG- DIR \Lisa\2009 Resolutions \Investment Policy.doc Joe Adame Mayor —127— 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 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 15, 2009 AGENDA ITEM: Resolution reaffirming the Debt Management Policy for the City of Corpus Christi. ISSUE: The Debt Management Policy was originally approved by the City Council on December 11, 2007. This policy was developed to address the methods, procedures, and practices to be utilized for issuance of debt to ensure effective and judicious fiscal management of City funds. Although City staff has reviewed the policy and is not recommending any changes at this time, City staff is requesting approval of the existing policy as presented. PRIOR COUNCIL ACTION: December 16, 2008 — City Council approved Resolution 028003 approving the City of Corpus Christi's Debt Management Policy. December 11, 2007 — City Council approved Resolution 027526 adopting the City of Corpus Christi's Debt Management Policy. REQUIRED COUNCIL ACTION: Approval of the Resolution. CONCLUSION AND RECOMMENDATION: City staff recommends approval of the Resolution as presented. Attachments: Background Debt Management Policy Resolution —131— e Constance P. Sanchez Interim Director of Financial Services telephone: (361) 826 -3227 e -mail: constancep @cctexas.com BACKGROUND In order to provide guidance regarding the issuance, management, continuing evaluation and reporting on all debt obligations issued by the City, the City Council approved Resolution 027526 on December 11, 2007, adopting a "Debt Management Policy ". The Debt Management Policy applies to all long -term debt securities issued by the City for these purposes, as well as to the refinancing of existing debt. Since the Texas Local Government Code provides that each member of the City Council has a fiduciary responsibility in the management of the City's indebtedness, the Debt Management Policy aims to document the procedures that City staff currently performs in reference to the issuance of debt and addresses additional concepts that the City may consider in the future. The policy is reviewed annually. On December 16, 2008, the City Council approved the policy via Resolution 028003. Request is being made for reaffirmation of the policy as it currently reads. In the upcoming months, City staff will perform further review of the Debt Management Policy and if needed, will come back to City Council will recommended changes prior to discussions regarding the next year's Operating and Capital Budgets begin. —132— City of Corpus Christi CITY OF CORPUS CHRISTI, TEXAS FINANCIAL SERVICES CorpusChristi All4Hm dcacihl '1111' DEBT MANAGEMENT POLICY December 15, 2009 DEBT MANAGEMENT POLICY Table of Contents Section Title Page 1. Purpose and Objectives 1 2. Scope 2 3. Roles and Responsibilities 2 4. Selection of Service Providers 3 5. Use of Debt Instruments 6 6. Structure and Type of Debt 6 7. Debt Limits 10 8. Fund Balance Requirements 11 9. Methods of Sale 12 10. Refunding of Debt 15 11. Variable Rate Exposure 16 12. Interest Rate Swap Agreements 16 13. Continuing Disclosure 17 14. Investment of Debt Proceeds 17 15. Arbitrage 18 16. Capital Improvement Project 19 17. Public Input on Capital Improvement Needs 20 18. Definitions 21 —134— City of Corpus Christi Debt Management Policy Section 1 PURPOSE AND OBJECTIVES 1.1 Purpose Corpus Christi Nl ricalI41 '1111' The Director of Financial Services for the City of Corpus Christi (the "City ") is charged by the City Manager with the responsibility for prudently and properly managing any and all debt incurred by the City. The following policy provides the methods, procedures, policies and practices which, when exercised, ensure the sound fiscal management of the City's debt program. All City offices and departments must comply with the guidelines and procedures set forth in this policy. The purpose of this policy is to provide guidance regarding the issuance, management, continuing evaluation and reporting on all debt obligations issued by the City. The Corpus Christi City Council recognizes there are no absolute rules or easy formulas that can substitute for a thorough review of all information affecting the City's debt position. Debt decisions should be the result of deliberative consideration of all factors involved. This policy is intended to augment the deliberation process by addressing the methods, procedures, and practices to be utilized to ensure effective and judicious fiscal management of City funds. The terms of this Debt Management Policy (the "Policy ") are intended to comply with all federal and state laws governing debt, including, but not limited to, Texas law, Internal Revenue Service rules and regulations, United States Securities and Exchange Commission (SEC) regulations, Municipal Securities Rulemaking Board (MSRB) regulations, court rulings, and existing City debt covenants and City of Corpus Christi Charter provisions. 1.2 Objectives Debt Management shall be conducted with the primary objectives of: * Maintaining or enhancing the City's existing credit rating for all categories of short and long -term debt, consistent with the financial policies and bond covenants approved by the City Council; * Maintaining access to capital; * Minimizing borrowing costs; and * Maximizing financial flexibility. Section 2 SCOPE 2.1 This Policy shall govern debt obligations issued by the City that finance the construction or acquisition of infrastructure and other assets or to refinance existing debt. The City may also desire to issue debt obligations on behalf of external agencies, non - profit corporations, or other authorities for the purpose of construction or acquisition of infrastructure or other assets that further the goals and objectives of City government. In that case, the City shall take reasonable steps to confirm the financial feasibility of the project and the financing solvency of any necessary borrower; and shall take all reasonable precautions to ensure the public purpose and financial viability of such transactions. 2.2 This policy applies to all short-term and long -term debt securities issued by the City. This may include general obligation bonds, certificates of obligation, revenue bonds, commercial paper, long -term capital leases, certificates of participation, tax notes, bank notes, equipment notes, private placements, and letters of credit. Section 3 ROLES AND RESPONSIBILITIES 3.1 All debt programs will be made in accordance with applicable federal and state regulations. The City Council will approve the issuance of all City bond indebtedness. 3.2 The Director of Financial Services has the primary responsibility for making debt - financing recommendations to the City Council and has responsibility for the appropriate management of the City's debt program. 3.3 The Director of Financial Services, or the designee thereof, will coordinate all activities necessary to issue debt, including, but not limited to: • Selection of financial advisor and bond counsel; • Verifying compliance with City Charter; • Review of ordinances and resolutions prepared by bond counsel; • Review of all documents necessary to issue debt prepared by bond counsel; • Review of offering memoranda provided by financial advisors; and • Review of all related financial analyses. 3.4 The Director of Financial Services, or the designee thereof, will provide no less often than annually to the City Council: a. An annual debt issuance schedule for capital projects (included in the operating budget); b. An updated ten -year capital improvement plan (included in the capital budget); c. Certification that the City is current on all debt service payments; d. Disclosure of any payment defaults since the prior report was made to the City Council; and e. Disclosure of any other bond covenant violations or defaults since the prior report was made to the City Council of which the Director of Financial Services has actual knowledge. 3.5 The Capital Budget Officer, or the designee thereof, will facilitate implementation and oversee the Capital Improvement Plan for City offices and departments pursuant to Section 16 of this policy. 3.6 The Director of Financial Services, or the designee thereof, will recommend to the City Council a financing team consisting of bond counsel, financial advisor, and underwriters, to the extent required for each bond issue. 3.7 The Office of Management and Budget is responsible for reporting quarterly in its financial report a schedule that includes outstanding debt requirements as well as commercial paper activity and capital lease activity. These reports will include principal and interest requirements, dates for each, and related interest rates. 3.8 The City Treasurer is responsible for assuring that all debt service payments are made in a timely manner to the appropriate paying agents for the obligations issued by the City. 3.9 The Office of the Director of Financial Services is responsible for preparing and submitting the annual continuing disclosure pursuant to SEC Rule 15c -12. 3.10 The City departments administering projects financed with debt funding are responsible for complying with Section 16 of this Policy. Section 4 SELECTION OF SERVICE PROVIDERS 4.1 Financial Advisors The Director of Financial Services provides recommendations for the selection of a financial advisor for the City of Corpus Christi's debt program. The financial advisor will have comprehensive municipal debt knowledge and experience and may perform the following duties including but not limited to: comprehensive analyses of debt refinancing, —137— recommendations for alternative financial structures; development of timing and sale of new issues; recommending whether the sale of the new issues be through a competitive bid sale, negotiated sale, or private placement; coordinating the market pricing of debt securities; issuing and disseminating the bond offering document and other disclosure requirements; coordinating with the underwriters of the bond issuance if the bonds are sold through a negotiated sale; seeking and obtaining ratings from the three major bond rating agencies; and providing guidance and advice about debt - related topics, as needed. Due to the complex nature of the City's debt portfolio, it is important for the City to maintain continuity with a financial advisor who is familiar with the City's history in issuing bonds. The City reserves the right, however, to conduct a formal request for proposal or request for qualifications process. 4.2 Bond Counsel The Director of Financial Services coordinates with the City Attorney, the Assistant City Manager for Administrative Services, and the City Manager on the selection of bond counsel for all debt issues. Bond counsel will have comprehensive municipal debt knowledge and experience. When the bond counsel has been selected, they are responsible for providing an opinion to investors in two specific areas. The bond counsel must opine to investors that the securities are valid and legally binding obligations of the issuer. Then, the bond counsel will opine on whether the interest on the bonds is exempt from federal taxation. The bond counsel also prepares all bond documents necessary to execute the bond issuance. The bond counsel is responsible for coordinating with the City Attorney's office, City Secretary's office, and Financial Services, as well as the City's financial advisor, to ensure that all tasks associated with the bond issuance are completed within prescribed timeframes. To the extent required by State law, bond counsel is responsible for coordinating with the Office of the Attorney General and the Office of the Comptroller of Public Accounts of the State of Texas matters relating to the approval of City obligations. The City values continuity in maintaining a relationship with bond counsel due to the complexity of issues and laws related in issuing municipal bonds. However, the City reserves the right to conduct a formal request for proposal or request for qualifications process. 4.3 Paying Agent/Registrar The City's financial advisor may conduct a request for proposal process to select the paying agent /registrar for each new issue and recommends the successful candidate for approval by City Staff. The successful candidate may not necessarily be the proposer with the lowest cost. A "best value" approach is utilized in the selection. —1348— 4.4 Underwriters In a negotiated sale (see Section 9 - Methods of Sale), the Director of Financial Services, after review with the Assistant City Manager for Administrative Services, the City Manager, and the Financial Advisor makes recommendations about which underwriting firms to include in the underwriting syndicate. The City issues Requests for Qualification (RFQ) approximately every three years to obtain an approved list of underwriters which is broken -out by sections: national scope, banking institutions, regional scope, and "historically underutilized business" ( "HUB ") status. A diverse group of securities firms will be chosen based on past performance, demonstrated ability to resell, prior municipal issuance experience, and other factors including, without limitation, participation in bidding on competitive bond sales conducted by the City. While past demonstrated performance is the primary criteria for selection within those criteria, the participation of firms with a HUB status will be strongly encouraged. 4.5 Bond Insurer Credit quality and marketability of securities may be enhanced through the purchase of municipal bond insurance. The City pays a single premium and in turn, the bond insurer unconditionally guarantees the payment of principal and interest to the bondholders in case of a payment default. Prior to purchasing municipal bond insurance for an issue, the financial advisor will perform an analysis to determine the cost benefits to the City derived from obtaining municipal bond insurance. Bond insurance will only be utilized when it is economically feasible. 4.6 Bond Rating Agency Application Prior to issuing new debt or to issuing refunding debt, the City will submit a rating application to at least two of the largest rating agencies, which, as of the date this Policy became effective, are: Fitch Ratings, Moody's Investor Services, and Standard & Poor's Rating Services. 4.7 Bond Rating,/Bond Insurers' Presentation As often as deemed necessary, City staff and/or elected officials will either make a bond rating presentation directly to the analysts of the three largest rating agencies and/or the bond insurance companies, will hold conference call interviews with each of these entities, or will invite each of the rating agencies and/or bond insurers to make a site visit to the City. For the presentation, staff compiles information relevant to the City's current economy, financial condition, and current initiatives to provide reference material for the rating agencies and bond insurers. When issues occur frequently, the rating agency application and offering document will be supplemented by a minimum of a written presentation of updated information about the City since the last rating application. —139— The City distributes the Comprehensive Annual Financial Report (CAFR) and the current operating and capital budgets to each of the three bond rating agencies, as well as to bond insurance companies. Financial information about the City is available on the City's website: http: / /www.cctexas.com Section 5 USE OF DEBT INSTRUMENTS 5.1 Debt financing will not be considered appropriate for any recurring purpose such as current operating and maintenance expenditures. The City will use debt financing only for one -time capital improvement projects and equipment purchases under the following circumstances: a. The project is included in the City's capital improvement plan budget; b. The project is a result of growth- related activities within the community that require unanticipated and unplanned infrastructure or capital improvements by the City; c. The project's useful life will be equal to or exceed the term of the financing; d. The equipment has an expected useful life of at least the term of financing; and/or e. There are revenues sufficient to service the debt, whether from future property taxes, user fees, or other specified and reserved resources. Section 6 STRUCTURE AND TYPE OF DEBT 6.1 Debt service will be structured to match projected cash flows, minimize the impact of future property tax levies, and maintain a relatively rapid payment of principal. 6.2 The term of the debt issuance should equal the lesser of the useful life of the asset being financed or the maximum maturity permitted by State law for the obligations issued to finance the acquisition and construction of the asset. 6.3 The types of debt instruments to be issued by the City include: a. General Obligation Bonds - The City issues general obligation bonds for general purpose capital improvements when benefits accrue to the entire community. General obligation bonds are also used when the expectation of the project is that it will not generate significant revenues. The City pledges its "full faith and credit" and levies an ad valorem tax to repay the debt, consistent with State law and the City's Charter. In order to issue general obligation bonds, the eligible voters of the City must authorize the amount to be issued through a popular referendum held for such purpose. The general obligation bonds are sold for a term no greater than the useful life of the project that is being funded through the issuance of the general obligation bonds. b. Certificates of Obligation — Under State law, the City has the opportunity to issue certificates of obligation. Although voter approval is not required, additional notification and public hearing requirements may apply, to the extent so provided by applicable State law. Certificates of obligation may be secured by a combination of ad valorem taxes and revenues from a source that the City is authorized by State law to encumber for a public purpose, e.g., solid waste. Certificates of obligation are often issued to finance projects in cases where user fees charged for the use of the projects financed are pledged to repay the certificates of obligation. Examples include: Solid Waste, Marina, Hotel Occupancy Tax, etc. Certificates of obligation are available for governments when the improvements being sought are necessary for the health, safety and welfare of the government's citizens, in circumstances where cost overruns on a general obligation bond - financed capital improvement may have occurred, or where financial opportunities unexpectedly arise to leverage funds from other entities and reduce the City's capital cost for a community improvement. Also, certificates of obligation may be issued where the timing of the construction of a capital improvement and the expense of calling a bond election for a single proposition would, in the opinion of City staff and with the approval of the City Council, warrant the issuance of certificates of obligation to finance the capital improvement. c. Revenue Bonds — Revenue bonds are secured by a specific source of revenue. There is no tax pledge. Revenue bonds are issued to pay for improvements that benefit the users that repay the debt through user fees. The City issues revenue bonds primarily for the City's Airport and Utility Systems. Typically, the City is required to fund a reserve fund that has on deposit an amount no less than the average annual debt service requirements on outstanding revenue bonds, as a contingency in the event revenues that are collected for services provided are not sufficient to satisfy debt service requirements. Another method to provide for such reserves is the use of a credit facility (such as a surety bond) in lieu of cash or eligible investments in the amount of the average annual debt service requirements on the outstanding revenue bonds. The costs of both —141— methods are evaluated prior to a revenue bond issue. The City fully complies with debt service and reserve funding requirements set forth in any and all bond covenants. When revenue bonds are issued or are outstanding, coverage requirements consistent with the bond covenant will be maintained, typically at a level no less than 1.25 times the average annual debt service requirements on the outstanding revenue bonds. The City maintains that it will collect rates and charges at all times that are necessary to produce gross revenues and other pledged revenue in each fiscal year equal to the greater of either: • Amounts sufficient to pay all current operating expenses plus amounts sufficient to produce net revenue for each fiscal year at least equal to 1.25 times the average annual principal and interest requirements on all revenue bonds outstanding; or • Amounts sufficient to pay the sum of all current operating expenses, the average annual principal and interest requirements on the outstanding priority bonds; required deposits to the reserve fund for revenue bonds, and amounts required to pay any other obligations reasonably anticipated to be paid from gross revenues during the fiscal year. One operating ratio that is utilized is for the days' operating coverage to generally be 90 days — meaning that maintaining revenue sufficient to cover 90 days of operating expenses is targeted. Although this ratio is not mandated by the City's bond covenants, it is one that is utilized by the City's management. The City may also issue bonds and other obligations that are secured by revenues generated within a designated geographic area of the City, such as a tax increment reinvestment zone or a public improvement district. Covenants pertaining to the coverage requirements, reserve funds and other financial considerations will be developed, working with the City's financial advisor and bond counsel, to ensure that any obligations issued will be creditworthy and marketable. d. State Revolving Loan Funds — The State of Texas administers various revolving loan funds, which are available to be loaned to Texas political subdivisions in accordance with the statutory authority granted to state agencies to fund loans, and the regulations of the state agency with respect to the specific loan program. Two examples of such loan programs are the Texas Water Development Board water and wastewater loan programs, and the Texas Military Preparedness Commission loan program to assist defense communities in financing infrastructure improvements. The Director of Financial Services, working with the City's financial advisor, will explore financing opportunities under State loan programs to determine if financial or other benefits may help the City in pursuing loans from such state agencies. —142— e. Refunding Bond — The Director of Financial Services, working with the City's financial advisor, will consider refinancing outstanding debt issues, as more fully discussed in Section 10 of this Policy. f. Commercial Paper — The City has established a commercial paper program to provide interim (short- term) financing authority to fund improvements to the City's Utility System. The commercial paper notes are structured as bond anticipation notes, and as a condition to the issuance of the commercial paper notes, the City must provide sufficient liquidity to enable commercial paper noteholders to be paid upon the maturity of the commercial paper notes. The Director of Financial Services, working with the City's financial advisor, will monitor the commercial paper market to ensure that the City is obtaining the lowest possible interest rates on its outstanding commercial paper notes, as well as to determine, based on the needs of the City and the then existing public debt market conditions, the timing of refunding the commercial paper notes with long term fixed rate revenue bonds. g. Tax Anticipation Notes — State law permits the City to issue short term notes in anticipation of ad valorem tax collections. The City will prepare budgets to ensure that there will be no need to issue tax anticipation notes to fund the budget. However, should emergency situations arise, the Director of Financial Services, working with the City's financial advisor, will advise the City Council on the necessity of City Council approving the issuance of tax anticipation notes h. Capital Lease Financing and Equipment Notes — The Director of Financial Services, working with the City's financial advisor, will review the equipment needs of City departments and determine financing options for acquiring or leasing equipment, either through presenting to the City Council for approval of lease or lease - purchase agreements with vendors to acquire equipment, or seeking the approval from the City Council to authorize the issuance and sale of notes or other short term obligations to borrow funds to acquire equipment. i. Any other debt instrument authorized for issuance by the City in accordance with the Texas Government Code or other applicable law. 6.4 Individual revenue streams considered for proposed debt service of revenue bonds should meet a minimum debt service coverage ratio test of 1.25 times average annual debt service, along with any appropriate reserve or contingency funds. Debt coverage is defined as total revenue divided by total debt service. 6.5 Fixed Interest versus Variable Interest —113— The City primarily issues fixed rate bonds to protect the City against interest rate risk. The City has the option to issue variable rate bonds and may, if market conditions warrant, consider such a structure. Commercial paper notes, due to their short term maturities (270 days or less), are treated as variable rate obligations. 6.6 Conduit Securities The City has created, and may create, nonprofit corporations as authorized by State statutes that act as a conduit for tax - exempt financing. Those corporations include but are not restricted to: (1) Corpus Christi Housing Finance Corporation, (2) Corpus Christi Industrial Development Corporation, and (3) the Coastal Bend Health Facilities Development Corporation. These entities issue bonds to unrelated commercial entities, and the City assumes no liability for the timely payment of debt issued by these entities. These bonds are not liabilities of the City or the respective corporations and are solely payable from revenues of the various commercial entities. In addition, the City has created nonprofit corporations to assist the City in financing various public infrastructure improvements, such as the North Padre Island Development Corporation and the Corpus Christi Business and Job Development Corporation. Public funds, such as voter - approved sales taxes and tax increment revenues, may be made available to these corporations by contract with the City, in fulfillment of the public purposes for which these corporations were created. 6.7 Structure Bonds are generally issued with an average life of 20 years or less for general obligation bonds and revenue bonds but may be greater for some projects such as landfills and major utility facilities whose lives are greater than 20 years. Typically, interest is paid in the first fiscal year after a bond sale, and principal is paid no later than the second fiscal year after the debt is issued. Call provisions for bond issues shall be made as short as possible consistent with the lowest interest cost to the City. The targeted maximum length to call is 10 years. However, the City may opt for a call date longer than 10 years in order to achieve the necessary goals of the particular issue. Section 7 DEBT LIMITS 7.1 The City will maintain its outstanding debt within the limits prescribed by State statute. As permitted by the Constitution of the State of Texas, home rule cities of over 5,000 population shall have a total tax allowable of $2.50 and shall have a bond allowable of $1.50 per $100 valuation (unless City Charter provides less). For purposes of issuing bonds, the State allowables are computed based on 90% collections. On April 3, 1993, the citizens of Corpus Christi voted to amend the City Charter which contained a tax limitation of $0.68 per $100 of assessed valuation for all purposes including debt service to allow for the tax rate to increase up to the State limit for voter approved debt after April4, 1993. The City evaluates new debt issuance as it relates to the current debt level. The amount of debt retired each year is compared to the amount of debt to be issued any given year, and an analysis is performed to determine the City's ability to assume and support additional debt service payments. When appropriate, the issuance of self - supporting revenue bonds and self - supporting certificates of obligation bonds are also considered. 7.2 The City may choose to issue short-term debt (maturities one -year or less) that pay a fixed rate of interest or that pay a rate of interest that varies, both consistent with Federal and State laws and applicable bond covenants of pre- existing bonds. 7.2.1 The City will issue short-term securities for the purposes of providing: 7.2.1.1 interim financing for long -term capital projects; 7.2.1.2 financing of short-term assets at or near their useful life; 7.2.1.3 interim cash flow /working capital needs as they arise; or 7.2.1.4 to reduce the overall interest cost of debt financings of the City. 7.3 The City shall use economic ratios as a tool to assist in providing an objective analytical approach to determine debt capacity for new projects. These ratios may include: a. Debt per capita; b. Debt as a percent of statutory debt limit; c. Debt as a percent of appraised valuation; d. Debt service payments as a percent of governmental expenditures; or e. Level of overlapping net debt of all local taxing jurisdictions. An objective, analytical approach is used to make the determination of whether debt is issued. The process compares generally accepted standards of affordability to the current values for the City. The City strives to meet and achieve these standards. Section 8 FUND BALANCE REQUIREMENT 8.1 The City will strive to maintain a debt service fund balance for general obligation bonds and certificates of obligation of at least 2 percent of the annual debt service requirement for the fiscal year; provided, however, that this requirement shall comply with the provisions of Treasury Regulation 1.148 -24) which limits the amount of reserve funds that may secure the payment of debt service on bonds. —1145— Section 9 METHODS OF SALE 9.1 The City may use competitive sales, negotiated sales, or private placements. When considering the method of sale, the City will take into consideration: a. Financial conditions; b. Market conditions; c. Transaction - specific conditions; d. City- related conditions; and e. Risks associated with each method. 9.2 Competitive sales are the preferred method under the following circumstances: a. A general obligation pledge or annual appropriation of general revenue; b. Simple structure and financial analysis; c. Stable financial market; and d. Moderate par amount. 9.2.1 A competitive sale is when bonds are awarded in a sealed bid sale to an underwriter or syndicate of underwriters that provides the lowest True Interest Cost (TIC) bid. TIC is defined as the rate, which will discount the aggregate amount of debt service payable over the life of the bond issue to its present value on the date of delivery. In today's market, bids primarily are submitted electronically through a secure website. 9.2.2 Competitive Sale Bidding Parameters: 9.2.2.1 Bid Verifications - The City awards successful bidders on the basis of the lowest TIC. 9.2.2.2 Good Faith Deposits - Bidders collectively choose a bank to be the good faith bank in providing a good faith deposit. The bidders keep funds on deposit to cover the good faith check if necessary. The Financial Advisor collects a cashier's check in advance for 2% of the issue if the issue is competitive or for 1% of the issue if the issue is negotiated. Bidders not covered by the good faith bank must provide a good faith check at the time they submit their bid. When the issue closes, the good faith check is returned, usually through overnight mail. 9.2.2.3 Allowable Discounts /Premiums - In most cases, the City requires bidders to purchase bonds at a price of no less than par. When there are no prevailing limitations, a discount/premium may be permitted when market conditions indicate a discount/premium will be rewarded by a more competitive bid and when there is flexibility to increase /decrease the par amount of the issue. If there is considerable market activity on the date of the proposed sale or other market - related factor to necessitate improving the marketability of the issue, discounts /premiums may be permitted. Bidders are notified in advance of the allowance for discounts /premiums. 9.2.2.4 Term Bonds - Bidders may form term bonds based on the length of the maturity schedule. In a 20 -year maturity, they may form anywhere between three to five term bonds. The resulting term bond structure must completely mirror the serial bond structure. 9.3 Negotiated sales are the preferred method under the following circumstances: a. Complex transactions that require extensive financial modeling, credit analysis, pre - marketing efforts, or that are interest rate sensitive; and b. Volatile financial markets. 9.3.1 A negotiated sale is when the City chooses an underwriter or underwriting syndicate that is interested in reoffering a particular series of bonds to investors. The terms of the sale including the size of the underwriter's discount, date of sale, and other factors are negotiated between the two parties. Although the method of sale is termed negotiated, individual components of the sale may be competitively bid. The components are subject to a market analysis and reviewed prior to recommendation by staff. Negotiated sales are more advantageous when there needs to be some flexibility in the sale date or when less conventional bond structures are being sold. Negotiated sales are also often used when the issue is particularly large or if the sale of the debt issuance would be perceived to be more successful with pre- marketing efforts. 9.3.2 Negotiated Sale — Allocation and Designation Policies: 9.3.2.1 The City uses designation rules that reward performance. The most common order type used by the City is the Member Designated Order. This type of order permits the institution placing the order to designate which syndicate members receive credit for its order. Typically the City requires that each institution must designate at least three syndicate members, and no one firm may receive more than 50% credit. 9.3.2.2 Retention - At least two days prior to pricing, the senior managing underwriter will award a block of bonds to each co- manager in the syndicate. Each co- manager is responsible for buying these bonds even if they do not obtain orders for them. If another member of the syndicate —147— has more orders than they can fill, the member may fill orders for syndicate members that have not obtained sufficient orders. 9.3.2.3 Management Fee - The management fee to compensate the underwriters for providing assistance in structuring of the transaction, review of documents, coordination of the working group, efforts to obtain credit enhancement, and other tasks. The management fee is typically allocated in the same allocation as the retention allocation. 9.4 Private placement is the preferred method under the following circumstances: a. Small issue size; b. Questionable security for the issue; and c. Overall cost savings to the City. A private placement is a sale of debt securities to a limited number of sophisticated investors. The City may engage a placement agent to identify likely investors. A private placement is beneficial when the issue size is small or when the security of the bonds is weak since the private placement permits issuers to sell more risky securities at a higher yield to investors that are familiar with the credit risk. 9.5 The City considers the following criteria when determining the appropriate method of sale for any debt issuance: a. Complexity of the Issue — Municipal securities with complex security features require greater marketing and buyer education efforts on the part of the underwriter, to improve the investors' willingness to purchase. b. Volatility of Bond Yields — If municipal markets are subject to abrupt changes in interest rates, there may be a need to have some flexibility in the timing of the sale to take advantage of positive market changes or to delay a sale in the face of negative market changes. c. Familiarity of Underwriters with the City's Credit Quality — If underwriters are familiar with the City's credit quality, a lower TIC may be achieved. Awareness of the credit quality of the City has a direct impact on the TIC an underwriter will bid on an issue. Therefore, where additional information in the form of presale marketing benefits the interest rate, a negotiated sale may be recommended. The City strives to maintain an excellent bond rating. As a result, the Municipal Bond Market is generally familiar with the City's credit quality. d. Size of the Issue - The City may choose to offer sizable issues as negotiated so that pre - marketing and buyer education efforts may be done to more effectively promote the bond sale. —1418— Section 10 REFUNDING OF DEBT 10.1 The City may elect to refund existing debt for reasons including, but not limited to, the following: a. To achieve Net Present Value (NPV) savings; b. To update bond covenants on outstanding debt that impair efficient operations or prohibit necessary or desirable activities; c. To restructure the debt service schedules associated with outstanding bond issues; or d. To alter bond characteristics such as call provisions or payment dates. 10.2 If a refunding is undertaken, the City will evaluate: a. Issuance costs that will be incurred; b. Interest rate at which the refunding bonds can be issued; c. Maturity dates of the refunded bonds; d. Call date (if any) on the refunded bonds; e. Call premium (if any) on the refunded bonds; and f. Whether to issue the refunding bonds for a period beyond the original maturity date. 10.3 Types of Refunding Current refundings occur when outstanding debt is called for redemption within 90 days. Most City's debt has a ten -year call date built into its structure. When debt reaches the call date, refunding bonds may be issued to pay off the old debt. Advance refundings are refundings where the debt is not called for redemption within 90 days. In an advance refunding, the proceeds to defease the debt at its call date are placed in escrow until the call date. The City's practice is generally to invest escrow in federal securities known as State and Local Government fixed rate securities. The amount to be deposited into the escrow is calculated by identifying the amount necessary to deposit, which will earn a fixed rate of interest, to accumulate to the amount necessary to be available upon the call. This practice prevents exposure to the practice of "yield burning" since there are no excess earnings under this structure. The Tax Reform Act of 1986 limits each issue to one advance refunding for all issues issued after 1986. When the interest rate savings is the principal reason for advance refunding an issue, the City will include issues that can contribute to at least a 2.5% — 1i4 9 — present value savings. Other factors may also affect the City's decision to advance refund an issue. Section 11 VARIABLE RATE EXPOSURE 11.1 The City may use variable rate debt (including commercial paper) to lower the cost of borrowing and provide a hedge against interest rate risk. 11.2 The City's target is not to exceed 30 percent of its total outstanding debt in a variable rate mode. 11.3 Variable rate debt should be converted to fixed rate debt as necessary to maintain the 30 percent target, to meet the particular needs of a financing program, or to lock in low long term fixed interest rates. 11.4 When issuing variable rate debt, the City will have appropriate contingency plans in place, such as reserves or hedging instruments, to mitigate the risk associated with rising interest rate environments. Section 12 INTEREST RATE SWAP AGREEMENTS 12.1 The City may consider the use of interest rate swap agreements on a case -by -base basis and consistent with Texas law and financial prudence. 12.2 Interest rate swap agreements may be used for the following purposes: a. To achieve significant savings as compared to other, non - derivative type products available in the bond market; b. To prudently hedge risk in the context of a particular financing or the overall asset/liability management of the City; c. To incur variable rate exposure within prudent financial guidelines; d. To achieve more flexibility in meeting overall financial objectives than available in conventional markets; or e. To accomplish a financial objective not otherwise obtainable using traditional financing methods. 12.3 The City will not enter into an interest rate swap agreement without advice of an independent advisor and bond counsel. 12.4 The City may enter into an interest rate swap agreement if the counterparty has at least two long -term unsecured credit ratings of at least equal to the City's long term general —150— obligation rating from Fitch Ratings, Moody's Investors Service or Standard & Poor's Ratings Services, and the party has demonstrated experience in successfully executing interest rate swap agreements. 12.5 The City will select counterparties utilizing one of the Methods of Sale as outlined in Section 9 of this policy. 12.6 Before entering into an interest rate swap agreement, the City shall evaluate all the risks inherent in the transaction including counterparty risk, termination risk, rollover risk, basis risk, tax event risk, credit risk and amortization risk. Evaluation of risk will also include the following considerations: a. Uncertainty with respect to the City's future debt obligations; b. Effect on the City's credit quality; c. Cumulative exposure to all risk factors identified; d. Difficulty and costs associated with terminations; and e. Limitations on the ability to refund the swap's underlying bonds. 12.7 The City will monitor interest rate swap agreements no less often than on a quarterly basis to ensure compliance with corresponding swap documentation. Section 13 CONTINUING DISCLOSURE 13.1 The City will periodically review the requirements of the Municipal Securities Rulemaking Board (MSRB) and the recommendations of the Government Finance Officers Association (GFOA), including the GFOA recommendation that financial statements be prepared and presented according to generally accepted accounting principles. 13.2 The City will remain in compliance with SEC Rule 15c2 -12 by filing its annual financial statements and other financial and operating data for the benefit of its bondholders within six months after the end of each fiscal year. Section 14 INVESTMENT OF DEBT PROCEEDS 14.1 Debt proceeds will be invested in accordance with the City's Investment Policy or as otherwise permitted in the ordinance or resolution authorizing the issuance of the debt. 14.2 Interest earned is allocated to each fund monthly based on the average balance of funds available during the month. Interest earned on proceeds from bonds, certificates of —1 671 — obligation, commercial paper or other short-term or long -term debt proceeds is allocated to the respective capital projects funds. 14.3 The City maintains in its Investment Policy document approved by the City Council the strategy and policies for investing all available monies (which included bond proceeds). Interest on bond proceeds is restricted such that it may only be used to fund projects that have the same purpose as the purpose for which the bonds were originally issued. Construction proceeds are typically invested in short-term securities so that they are more liquid. Section 15 ARBITRAGE 15.1 The City will follow a policy of full compliance with all arbitrage rebate requirements of the Internal Revenue Code of 1986, as amended and its adopted rules and regulations, and will perform (via contract consultant) arbitrage calculations for each debt issue subject to rebate on an annual basis. All necessary rebate liabilities will be filed and paid when due. 15.2 Arbitrage Calculations and Rebate On fixed -yield issues, the calculation of rebate must be performed no later than each five - year anniversary date of the issuance of the bonds and at final maturity. The City currently outsources those calculations on an annual basis. Where bond interest earnings exceed the arbitrage yield, the City rebates those excess earnings to the Internal Revenue Service. The City keeps detailed records of investments and construction expenditures to provide to the consultant to make the arbitrage calculation. The City plans projects carefully in order to determine the applicability of rebate exceptions. 15.3 Exceptions to Rebate Calculations Six -month Exception — Where 95% of the proceeds will be spent within six months and the other 5% will be spent within twelve months. Eighteen -month Exception — Available for any type of capital proceeds and includes the following spending schedule: 15% in six months, 60% in twelve months, and 100% in eighteen months (with a de minimus holdback). An issue does not fail to satisfy the spending requirement for the third spending period as a result of a reasonable retainage if the reasonable retainage is allocated to expenditures within 30 months of the issue date. Twenty -four month Exception — Only available to a construction issue having the following expenditure goals: 10% in six months, 45% in twelve months, 75% in eighteen months, and 100% in twenty -four months (with a de minimus hold back). An issue does not fail to satisfy the spending requirement for the fourth spending period as a result of unspent amounts for reasonable retainage if the reasonable retainage is allocated to expenditures within 3 years of the issue date. Section 16 CAPITAL IMPROVEMENT PROGRAM 16.1 In order to ensure sufficient cash flow is available to meet capital improvement project cash requirements, an annual debt issuance schedule is required. The Capital Improvement Planning Guide (the "Guide ") will provide the basis for the annual debt issuance schedule. 16.2 The underlying asset that is being financed should have as long a useful life as the maturity schedule of the debt issued for the financing of the asset. Since issuing debt costs more to the entity than purchasing assets outright, the use of financing will be carefully evaluated to ensure that the benefits, tangible and/or intangible derived from financing exceed the related financing costs. 16.3 On -going Capital Needs — "Pay as You Go ": 16.3.1 Capital projects are generally defined as costs to construct an asset or system improvement that exceed $5,000 and have a useful life of at least the term of financing but no less than one year. 16.3.2 The City Council's goals and policies focus on infrastructure improvements. The City strives to maintain capital assets and infrastructure at a sufficient level to protect the City's investment to minimize replacement and maintenance costs, and to maintain service levels. 16.3.3 An annual review of the (1) need for capital improvements and equipment, (2) current status of the City's infrastructure, (3) replacement and renovation needs, and (4) potential new projects, is implemented during the capital budget process. All projects, ongoing and proposed, are prioritized by City staff which includes a representative from Financial Services, the Office of Management and Budget, Engineering Services, and each department which has or may have capital improvement project requests. For every capital project, all operating and maintenance costs /estimated incremental revenues would be included in the proposal, as well as a start date, requested total budget, the capital amount expected to be expended each year, and proposed sources of funding. City staff would then match eligible requests with available sources of funding. 16.3.4 Decisions are made on prioritization of proposed projects using criteria such as: —1163— o Agreed orders (Federal /State), o Voter - approved bonds, o Completion of existing projects already approved by the City Council, o New projects recommended by the committee noted above, and o Emergency requests. 16.3.5 Capital improvements may be funded using current revenues (property tax, dedicated tax, enterprise user fees, etc.), grant funds, contributions (such as developer contributions) and the issuance of debt. 16.3.6 Upon completion of the Guide, City staff will present it to the Planning Commission as per Article V. Planning, Section 4. The Comprehensive Plan of the City Charter, and then to the City Council for approval by ordinance. Once approved, a total dollar amount of capital improvement projects would then be identified, and any additions to the Guide for that particular year would warrant a change to the ordinance to either identify additional funding for that particular project or to identify the reduction of another project in the Guide. Section 17 PUBLIC INPUT ON CAPITAL IMPROVEMENT NEEDS 17.1 Citizen Input- 17.1.1 Citizen Input Form — In order to obtain input from the citizens on projects to be included in a bond election, a "Citizen Input Form" is made available on the City's website at http: / /www.cctexas.com. The form provides a place for citizens to list in priority the projects they feel should be considered in the next bond election. It also provides a place for the reasoning in choosing those particular projects. The results of the citizen input forms would then be compiled and presented to the City Council so that a slate of projects could be prepared for the bond election. 17.1.2 Town Hall Meetings — City Council members also hold Town Hall meetings in their respective districts to obtain input from citizens on the projects they would like considered for a bond election. All the suggestions from the Town Hall meetings would then be compiled and presented to the City Council for discussion to be included on the slate of projects for the bond election. 17.2 Citizen Advisory Committee — At the discretion of the City Council, a Citizen Advisory Committee may be formed to initiate the development of a multi -year financing and management tool that identifies public facility and equipment requirements, places these requirements in order of priority, and schedules them for funding and implementation. -1 s .- Section 18 DEFINITIONS 18.1 Definitions: a. Amortization Risk — The cost to the issuer of servicing debt or honoring swap payments due to mismatch between bonds and the notional amount of the swap outstanding. b. Arbitrage — The investment of proceeds from tax - exempt debt in taxable securities to benefit from the differential in yields. c. Basis Risk — The mismatch between actual variable rate debt service and variable rate indices used to determine swap payments. d. Bond Covenant — An agreement that the issuer is obligated to perform by virtue of issuing its bonds. e. Call Dates — The date, prior to maturity, on which a callable bond may be redeemed. f. Call Premium — The price, as established in the bond covenant, at which bonds will be redeemed. g. Call Provisions — A clause in a bond contract granting the issuer the right to buy back all or part of an issue prior to the maturity date. h. Capital Lease — A contract for the purchase of capital equipment through installment payments. i. Commercial Paper — Short-term, unsecured promissory notes usually backed by a line of credit with a bank. Maturities do not exceed 270 days. j. Competitive Sales — A sale whereby the issuer determines the bond structure and solicits bids. The bonds are then awarded to the underwriting firm that submits the lowest interest costs for the debt. k. Continuing Disclosure — The principal that accurate and complete information material to the transaction, which potential investors would be likely to consider material in making investment decisions with respect to the securities, be made available on an ongoing basis. 1. Counterparty Risk — The risk that the other parry to an agreement will default. m. Counterparties — The parties to an interest rate swap. n. Credit Risk — The risk that an issuer of -debt securities or a borrower may default on its obligations, or that the payment may not be made on a negotiable instrument (i.e., the occurrence of an event modifying the credit rating of the issuer or its counterparty). o. De minimis amount — Any failure to satisfy the final spending requirement of the 18- month exception or the 24 -month exception is disregarded if the issuer exercises due diligence to complete the project financed and the amount of the failure does not exceed the lesser of 3 percent of the issue price of the issue or $250,000. p. Defeasance — The setting aside by a borrower of cash or bonds sufficient to service the borrower's debt. These are refunded bonds for which the payment of principal and interest has been assured through the structuring of a portfolio of government securities, the principal and interest on which will be sufficient to pay debt service on the refunded, outstanding bonds. When a bond issue is defeased, the claim on the revenues of the issuer is usually eliminated. Both the borrower's debt and the offsetting cash or bonds are removed from the balance sheet. q. Derivative Security — A financial security, such as an option or future, whose value is derived in part from the value and characteristics of another security, the underlying asset. r. General Obligation —Bonds backed by the annual levy of an ad valorem tax as necessary, within the limits prescribed by law (if any), to pay off the bonds. s. Hedge — A transaction that reduces the risk of an investment. t. Interest Rate Management Agreement — An agreement entered into in connection with the issuance of debt by an issuer or in connection with debt already outstanding, with a counterparty to provide for an exchange of payments based upon fixed and /or variable interest rates. u. Interest Rate Risk — The chance that a security's value will change due to a change in interest rates. For example, a bond's price drops as interest rates rise. v. Interest Rate Swap Agreement — A binding agreement between counterparties to exchange periodic interest payments on some predetermined dollar principal, which is called the notional principal amount. For example, one party will pay fixed and receive variable. w. Issuance Costs — The expenses associated with the sale of new securities, including such items as underwriter's spread, printing, legal fees and rating costs. x. Liquidity Risk — The risk that arises from the difficulty of selling an asset in a timely manner. y. Negotiated Sales — A sale whereby the issuer selects an underwriter in advance so that the underwriter can assist with determining the appropriate structure of the bonds. z. Notional Principal Amount — In an interest rate swap, the predetermined dollar principal on which the exchanged interest payments are based aa. Private Placement — A sale whereby the issuer sells the bonds directly to an institutional investor. bb. Reasonable Retainage — An amount, not to exceed five percent of available construction proceeds, that is retained for reasonable business purposes relating to the property financed with the proceeds of the issue. For example, a reasonable retainage may include a retention to ensure or promote compliance with a construction contract in circumstances in which the retained amount is not yet payable, or in which the issuer reasonably determines that a dispute exists regarding completion or payment. cc. Refunding Bonds — A bond issued to retire a bond already outstanding that may be sold for cash and outstanding bonds redeemed with cash or exchanged with holders of outstanding bonds. dd. Rollover Risk — The risk that results when a swap contract does not have the same terms with the unrelated bonds (ie. the mismatch of the maturity of a swap and the maturity of the underlying bonds). ee. Syndicate — A group of banks that acts jointly, on a temporary basis, to loan money in a bank credit (syndicated credit) or to underwrite a new issue of bonds. ff. Tax Anticipation Notes — Short-term notes issued in anticipation of collections of taxes. gg. Tax Event Risk — The risk that the spread between taxable and tax- exempt rates will change as a result of the changes in income tax laws or other conditions. hh. Termination Risk — The need to terminate a transaction in a market that dictates a termination payment by the issuer. ii. Variable Rate Debt — Bonds with interest rates that fluctuate based upon an index or pricing procedure. These bonds often offer lower interest rates and have short maturities. hh. Yield Burning — A municipal bond financing method. Underwriters in advance refundings add large markups on U.S. Treasury bonds bought and held in escrow to compensate investors while waiting for repayment of old bonds after issuance of the new bonds. Since bond prices and yields move in opposite directions, when the bonds —137— are marked up, they "burn down" the yield, which may violate federal tax rules and diminishes tax revenues. -1s€- RESOLUTION REAFFIRMING THE DEBT MANAGEMENT POLICY FOR THE CITY OF CORPUS CHRISTI. WHEREAS, the City of Corpus Christi Debt Management Policy was adopted in Resolution No. 027526 on December 11, 2007, and approved in Resolution 028003 on December 16, 2008; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Corpus Christi City Council has reviewed and reaffirms the Debt Management Policy for the City of Corpus Christi. A copy of the Debt Management Policy is attached to this Resolution. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: December 7, 2009. Lisa Aguilar, erim City Attorney Joe Adame Mayor H: \LEG- DIR \Lisa12009 Resolutions \Debt Management Policy.d4 9 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 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Cecember 15, 2009 AGENDA ITEM: Resolution supporting the fundraising activities of the Columbus Sailing Association for the Columbus Ships. ISSUE: While negotiating an agreement/lease with the City, the Columbus Sailing Association would like to begin the fundraising efforts for the Columbus Ships. REQUIRED COUNCIL ACTION: Council may approve and support fundraising activities. PREVIOUS COUNCIL ACTION: None. CONCLUSION AND RECOMMENDATION: Staff supports the Columbus Sailing Association fundraising efforts for the Columbus Ships. `cJ Margie C. Rose Assistant City Manager margier(cr�cctexas.com 361.826.3232 -163- RESOLUTION SUPPORTING THE FUNDRAISING ACTIVITIES OF THE COLUMBUS SAILING ASSOCIATION FOR THE COLUMBUS SHIPS WHEREAS, on or about June 30, 2009, the Columbus Sailing Association (hereinafter "CSA "), made it known to the City of Corpus Christi, that the CSA desired to repair and restore the Columbus Ships (hereinafter "Ships "); WHEREAS, since the CSA's initial presentation, on or about June 30, 2009, the CSA and City Staff have been in negotiations regarding the repair and restoration of the Ships; WHEREAS, on October 27, 2009, the CSA made a presentation to the City Council, outlining a five phase project to be undertaken by the CSA for the repair and renovation of the Ships, as well as other projects pertinent to the display and use of the Ships; WHEREAS, on October 27, 2009, City Staff requested direction from the City Council regarding the CSA 's proposed project, and the City Council directed that, in furtherance of the CSA's five phase project re: the Ships: 1.) City Staff continue negotiations with the CSA for the purposes of completing an agreement, acceptable to both parties; and 2.) CSA be allowed to undertake fundraising activities; WHEREAS, in accordance with the directives of the City Council, the CSA and City Staff have continued to negotiate, and anticipate completing said negotiations by, on or about, January 31, 2010; WHEREAS, the CSA seeks the approval of City Council to begin fundraising activities now, during the continuing negotiation period, and up to and including the time it will take to obtain Council approval of the agreement, so that funds may be obtained to facilitate work beginning immediately upon the Ships when the agreement is accepted, and finalized by both parties; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi approves and supports fundraising activities of the CSA from this date forward, including the continuing negotiation period, and up to and including the time it will take to obtain Council approval of the agreement, so that funds may be obtained to facilitate work beginning immediately upon the Ships when the agreement is accepted, and finalized by both parties, provided that the CSA submits a written explanation to the City Manager, or his designee, prior to any and all fundraising activities undertaken. SECTION 2. The City Manager, or designee, is authorized to consent or negotiate modifications regarding any fundraising activity that addresses the issues identified in this resolution. ATTEST: CITY OF CORPUS CHRISTI: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: December 7, 2009 Deborah Walther Brow Assistant City Attorney For City Attorney 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 11 AGENDA MEMORANDUM December 15, 2009 SUBJECT: Airfield Equipment and Maintenance Facility (Project No. 10018) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract for the Base Bid No. 1, Schedule B with Bay, Ltd., of Corpus Christi, Texas in an amount not to exceed $479,827.00 fbr the Corpus Christi International Airport for the Taxiway B4 Widening between West General Aviation Apron and Taxiway F. 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. The FAA will provide 95% of the funds through their grant program with the Airport providing the local 5% matching funds. RECOMMENDATION: Approval of the motions as presented. Fred Segundo Director of Aviation 361- 289 -0171 ext. 1213 fredscctexas.com ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit A -1 Previous Actions Exhibit B. Bid Tabulation Exhibit C. Budget Exhibit D. Location Map Pete Anaya, P.E. Director of Engineering Services 361- 826 -3781 petean @cctexas.com HlHCMEV<EVINS \GEN' AIR_ restcred120041mprovements1TaxiwayB4 'Awdcacstrtitemo doc -169- Page 1 of 1 BACKGROUND INFORMATION SUBJECT: Taxiway B4 (Project No. 10018) PROJECT DESCRIPTION: The project recommended for award (Base Bid No. 1 — Schedule B) provides for the construction of a new 75 -foot wide flexible base and rigid pavement section taxiway, approximately 2,500 square yards in area with new geometry in lieu of the flexible base and bituminous surface taxiway. The project also includes removing 217 linear feet of two 28 -in by 32 -in CMAP and constructing 180 linear feet of a new 4 -ft by 2 -ft pre -cast reinforced concrete box culvert complete with new related headwalls, excavation, embankment, related taxiway lighting and airfield signage, surface restoration including seeding and sodding erosion control and other items to construction the project in one phase. The Base Bid — Schedule A would make the same improvements using flexible bituminous pavements. BID STRUCTURE: The project was bid as two base bids. The project sought proposals for: • Base Bid — Schedule A; and • Base Bid — Schedule B. BID INFORMATION: Bids from four firms were received, and publicly opened on Wednesday November 11, 2009. The total of the Base Bid - Schedule A ranged between $499,333.10 and $950,748.25. The bids for the Base Bid — Schedule B ranged from $479,827.00 to $594,348.23. The consultant's opinion of probable cost was $566,919.00. See Exhibit B. The low qualified bid (base bid and with alternates) was submitted by Bay, Ltd. of Corpus Christi, Texas. FUNDING: Funds are available from FAA Grants and Aviation Capital Reserve CIP funds. The FAA is providing funding for 95% of the project cost. The project budget is attached. See Exhibit C. TIME OF COMPLETION: The contract provides for the work to be complete within 200 calendar days of notice to proceed. BOARD /COMMITTEE REVIEW: The Airport Board has reviewed the item and 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. —170— H• \HflMF\KFVINS \fiFN \AIR roctnrorl\ 9nne timnrnvomontc \TaYiwavR41AwrinnnctrRknFYhA rime Exhibit A Page 1 of 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 any change orders as may be required. —171 - H:\ HOME \KEVINS \GENAIR restored\ 2004Improvements \TaxiwayB4WwdConstrBkgExhA.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). PRIOR ADMINISTRATIVE ACTIONS: June 18, 2009 — Administrative award of Amendment No. 21 to PGAL of Houston, Texas in the amount of $17,350.00 for professional engineering design, bid and construction phase services for the Corpus Christi International Airport for the Taxiway B4 Widening between West General Aviation Apron and Taxiway F. H:\HOME \KEVINS \GEN\AIR_ restored \20041mprovements \Taxi1a \AwdConstrPriorActionsExhA -1.doc Exhibit A -1 Page 1 of 1 O Z_I0 W g •- *c5 F W 3o ' 0a 10 Z Q0 a 0 a k F F. 7 V CO CO 11.1 F O U CO BID OPENING: NOVEMBER 11, 2009 - 2:00 P.M. ESTIMATED CONSTRUCTION COST: $566,919.00 a a W o� O 5 U Waychoff Construction, Inc. 4920 Bear Lane Corpus Christi, Texas 78405 F $ o O S o 8 O $44,025.00 1 597,860.00 S S O 0 S It) N N o N N. 69 8 in h W S s N O W $ o N H $ O n 0 9 O ° O f0 ' o d N h V 6 m § p O $O W p w 5525.00 597,860.00 8 NN 0.1. 9 8 pp 69 °° o H o °o, in ° o M 0 G 0. 3 0 W O in N a Salinas Construction Technologies, LTD 3434 FM 3006 Pleasanton, Texas 78064 0 M 0 0) K $1,925.00 tN. N N N p N , 3 $ W . D - 0 0 ._ o n N oz, 0 N W W 0 W 2 g 1 O w p 60 W N d N H 8- O v 69 N N a 19 6 e O o o o 0 o o m 0W r` to rn W 5537.00 580,915.00 N w : u cc, N w n a o a o w $24.42, m c.4 ° w ci Haas Anderson Construction, LTD. 1402 Holy Road Corpus Christi, Texas 78417 iH t? N V O �0 (9 $ �O0 W a O O 100 pC a0 O . a S [D 8 H o OO M WWW S pN M rM 31,457.25 0 csi O n 69 0 O 'YNd� 4 0 ua� �{0� H 0 O c, 2 o a� 01 W tNp Ui $ NO OO 9 $ M $ OO 69 W 8 S T O N O 0. 00•0095 8 O w $ 91 A E S W o I. S 3 N o N ' ...ii 1 g 0 I °m mr o m 2 0- �' ° et o° °o, O r 0 iryo f0 �j W 522.950.00' 517,000.00 °o O 07 8 O OO W °o, �u tN� W 0) X100 40 �0) W °v, t� OD 19 p� O K1 °N N tt-- M $ tO� Ya) V! $ O t0� 19 °o w o w °o, in N 3270.00 517,000.00 °o, o �0) 8 0) vt °o, p r°) W 1°n °0 1°n w $5.00 3100.00 j W U LL J co -, LL y VI U U U g co N V N .- W — .- h N co T co r 4 r °N N v Et O N I BASE 81D SCHEDULE ^A^ - TAXIWAY 84 CONSTRUCTION WITH FLEXIBLE PAVEMENT SECTION 0-300 Furnish and Install Lighted Cones 0-300 Furnish and Install Lighted Cones (Furnished by Airport) IGJ00 Install Multi- Barrier Barricades (Furnished by Airport) Fumish and Install Multi- Barrier Barricades G-500 Mobilization 0-700 Remove Concrete Headwall with Skewed Wingwalls G -700 Remove Concrete Sloped Headwall 0-700 Remove 2 - 28^ x 32^ CMAP 0-700 Remove Pavement (Asphalt) (Taxiway 84) (Appx. 4") (Dispose of OWfsite) G -700 Remove Sandshell Base (Taxiway B4) (Appx. 8") (Dispose of Offsite) P -101 Cold Planting Asphalt Taxiway F Transition (4") (Dispose of Offsite) P -152 Drainage Excavation P -152 Embankment in Place (Offsite & Onsite Borrow) 1 74 t C E N t6 c dnd w y 2 g 11 in g I a Vi a s a °R O Q .- 4 N ¢ CO ¢ a Q ID Q —173— Exhibit B Pape 1 of 5 w 0 1 gi Waychoff Construction, Inc. 4920 Bear Lane Corpus Christi, Texas 78405 8 o 4D fit 8 l�f (O9 49 0 in tN0 di 8 8 N� 8 0 8 C�V} 8 0 N N 8 0 n tVN 8 a 0 8 8 OO O 8 8 00 0 8 p O N 8 p8 O 8 0 O of 8 0 10 o• 8 to 8 o N to 8 o ON/ y 8 VS O N H O W tf8� 03 69 8 49 O H N ti H 8 8 W 8 W co W 0 Oy7 4 100- 00S'Ss 107 W 0 49 0 8 N) w 3115.00 *O• N W Salinas Construction Technologies, LTD 3434 FM 3006 Pleasanton, Texas 78064 -, 1 D 512,784.001 8 O 49 8 �p4ppp77 40 H 8 10 O a9 8 N. w 8 m 8 Ol O eNn 8 id w. Yi 8 0 CO w 8 0 el w 8 4N r-t. $14,278.84 100 a .-- w n 40 § W 9) P. 8 499 °m, .pt l9 w 0 03 N O pOp 49 0O0 0 0) P7 W CO 0 4p 100 N 1y m of W v. `2 1V W w o H 100 M W 1a f+7 W 10+7 0 ad 4' 57,139.42 4 C M - 0 n 8 2 Ov. N 10 w ry 4' r H Haas Anderson Constriction, LTD. 1402 Holly Road Corpus Christi, Texas 78417 8 S 8 (9 8 COO 8 100. 9 888 QO (0 8 v 0 N - CO n (4 8 19 8 N M 8 °00 N NM p00 t0 W 8 a IS; 1p 000 N 44 $781.25 $3,875.00 t��0.V77 H 00 I p00 NN g 0 49 X C 0 1OD 49 0 49 0 H 0 ry CO . 69 100, w 0 w N a 0 N 0 N Of W tOD W N N 0 m en N = H O 19 O w Berry Contracting LP DBA Bay LTD. P.O. Box 9908 Corpus Christi, Texas 78469 O 8 w w O iq p O b p O 5� Ki p O O 8 to O 0 8 w O CO 0 i9 10 CO N V. w O w O QQ �i 00•002.925 0 8 o a p 8 0 s O N ao O 8 0 a p O O 0 O 400 ca O 0 N iA Unit Price I 3170.001 op 8 ca pp O a 69 8 N p8 8 49 C08pp 0 0 y) W 51.201 (N7 f9 8 V 4A 0 1 V W 8 W f1O�p0p w 0 8 y� I 0 N 19 0 49 0 19 �.` O O 40 0 A N �" O 0 v O O m 8 10 N a 400 N O0 8 N O 0 4.. O N eO CD 7 0 ^ N O 0 8 0 N s 0 w > no d..1 r.I P -155 Lime Treated Subgrade (121 E LT. m al— 0- ar P -209 Crushed Aggregate Base Course (8") P-401 Bituminous Base and Surface Course P-602 Bituminous Prime Coat (0.20 Gal/SY) 3 0 1 v i 0.10 P -820 Taxiway Painting (Black) (Non - Reflective) IP-620 Taxiway Painting (Yellow) (Reflective) 4' x 2' Precast Reinforced Concrete Box (ASTM C 1433) D-752 Reinforced Concrete Headwall. Apron and W rowans (4:1) for 1 - 4' x 2' RCB Culverts 1-ent- 0I L -105 Demolition and Proper Disposal of all Equipment as Noted and Turning Over All Designated Lighting and Signage Equipment to Maintenance Staff L -108 0.75' (19 MM) Dia. By 10.00' (3M) Long Copperdad Steel Sectional Ground Rack L -108 1/C S8 AWG BSD of BHD or 1W Bare Copper CouMerpiece L -108 1/C L- 824 -Type C Unshielded 88 AWG 5KG Copper Cable I z a a a¢ N � a � 1i Z Z Z a a a —174— Exhibit B Waychoff Construction, Inc. 4920 Bear Lane Corpus Christi, Texas 78405 o ((Np (0 v N 8 O00O w 8 n w 08o n w e co N 8 ° w 80o M w 0 St w y p h' 07 N /0 E. CO N (0 w R. NW Oi fic 0 O W V H 0 Ed W g dc N o p0 00 w p 0 10 w 8 S 3 � 8y n 8 CO 8 ON w 8 8 w $3,255.00 O 01 N �t0fppi d! p 8 n 8 n 0 N w 0 in W N 0 40 w 0 O pN V/ 0 N N S O S N �0N N m 0 H 0 G1 0 M 69 0 g w 0 49 m Technologies, LTD -M 3006 , Texas 78064 i w w H (C! 1(1 2 g° f7 a Cp. f7 w O 8 64 . ° N N 8. OI $ 8 ONl w co N2 N a8 3 49 8 &II 49 8 .- 3 w CO N i9 � 0 1N0 w is w $5,584.80 61 i 0. 9 w 31,342.98 VI ' N 3 Ov, 0 100, py0. y 0 3537.001 8 m 8 CD (0 3 h f'9 $12.48 Haas Anderson Construction, LTD. 1402 Holly Road Corpus Christi, Texas 78417 F 0 N 0 100 w 8 O 0 O 0 O 0 'OQ w o N to 0 N . 8 N $ 8 N w 8 8 N H �p 8 O a 0 t00D N e 0 fif 1 31,323.70 Y 4 0 O r 49 O O - 1p NN S fa^ b w 0 O o 1p w 0 O W 0 0 a 339.00 $725.00 0 O 0 w 0 O 0 w 0 O O M 1A 0 O NO_ W 0 O 0 O 0j to 0 O �0 iA 0 O 0 Ifl 0 (0 w Berry Contracting LP DBA Bay LTD. P.O. Box 9908 Corpus Christi, Texas 78469 g F 312,325.00 8 0 0 A 0 (1 W o S N 00.00S$ 0 0 V' w O 40 O p w o N w O — W O NO CO CO O 01.. Vw V O 0 w 0. C N 1 33,255.00 Y t7 FL C 0 0 0 w 0 0 QO 60 N w 8 0 0 N w 8 8 w 8O E0 w {p8 a pqO I N 0 . (9 O 3 O N w o N o 0, n w 0 O la 0 S w J J 6 6 6 6 6 5 a 6 J ' N N r r r - 8 8 N 10 n CO r r r n N L -110 1W2" Schedule 40 PVC Concrete Encased Duct Installed in Open Field 1 -110 2W4" Schedule 40 PVC Concrete Encased Duct Bank L -125 L-858 Airfield Guidance Sign, Double Face - 4 Module, Installed with a New Concrete Base L-1 ZS L458 Airfield Guidance Sign, Double Face - 3 Module, Installed on Existing Concrete Base L -125 1-861T Taxiway Edge Light (Elevated, Blue) Installed in Open Field on E xisting Base L -125 L-861T Taxiway Edge Light (Elevated, Blue) Installed in Open Field with New Base SP-4 OSHA trench SafetySystem L -125 1-867 handhole with Concrete Base and Galvanized Bolted ALTERNATE BID NO. 1 - SCHEDULE "B" TAXIWAY 84 CONSTRUCTION WITH RIGID PAVEMENT SECTION G-300 Fumish and Install Lighted Cones G300 Install Lighted Cones (Furnished by Airport) .8, 8 g 6 8 v aE E m t 8 � th c rFumish and Install Multi - Barrier Barricade is §i t i G-700 Remove Concrete Headwall with Skewed ■ingwalls -- G-700 Remove Concrete Sloped Headwall 'G-700 Remove 2 - 28" x 32" CMAP Fg if z i t� Q ° Q Q Q Q OD to m GO m m m ap C1 —175— Exhibit B Page 3 of 5 4, U III ci t: ^ p p ����,777 U N i t g (5 1 O 0 h w 8 r h w w S E O 8 § A w 538,750.001 °o, 53 h M °0 �3 N t0 w 0 E N DD w 8 i w 8 E (O w• S 8 O CV d' S 8 O tV 4 o° 8 N w S 8 O 4 0 8 h N `o 0 Si 11) 0 8 C/ w S 8 O Cp 4, 8 8 N w 8 E w 8 8 N w S S N "' p a j 0 O 7 w 8 C i 8 O w O p w O N $125.00 0 h O N M O 1� 0 N 49 0 C h w o h O C C w O O w $5.001 0 IC to 0 t(j 0) 0 w H (V w cO - 0 w m Technologies, LTD F14 3006 , Texas 78064 F GNO ((pp N w co. co O (V ° w 8 {(yp (D w • co O i9 0 php O ahA p co 11�A V w O 1p��S M w co hp (O w 0 CpC� GD w O !O O o h jipA 0 lV w 3182,825.00 °O IT. O co p �Op 07 co w p O t °oJ M 8 O 1 p .} 00 co h w (0 0 6 n GOD w �+ C W' h W GA e0e� V) N M W N 'P co O G'Gpp- M c-- O G0 o w 0) co ID M 0 co w CO 0) 10 !A 3112.871 (D 10 0 w M r- 1f� GO � O (O w i9 M !7 !9 0 a 0) N 11'. 9) V V' o .- w Haas Anderson Construction, LTD. 1402 Holly Road Corpus Christi, Texas 78417 co er w ` iA 'O a So a S o a O a p N a O S a O a p °S t 2 8 4 O 8 2 w p w O N w O k O �o 0 w 8 8 R N n w o ,M n. (4 C N n ° w 0 v 0 o H 0 O N w 0 O o O ~o w 0 0. N w 0 0 N. 69 0 •- w 0 O 8 w 0 O 0 w 0 O ( 0 0 h w 0 Y co 0 ,,- tw 0 (D 49 0 w v) N N w $110.00 0 0 C 0 N i w 0 N w 0 N co w Berry Contracting LP DBA Bay LTD. P.O. Box 9908 Corpus Christi, Texas 78469 IS 8 tGp� P x a o ° V S o o a ° N h s S GO S p o O r S 0 �a°p0 S 8 0 v0) 8 � 0p tb w S 0 N 2 S 0 0 I S 0 COD. w 3197,500.00 S 0 a S 8 0 VI 00'00g'g$ 8 0 N w 8 0 2 8 0 4. 0) °i . COD, 4' 10�, w Ci 2 8 0 8 w 8 0 w 8 °n w )) w 0 °s) w 0 °r9i 0 $ w 0 0 w 0 00) 1 (7I G°y in 32.50 0 a° w O 8 $ 0 w °CD re oT co N N U U U 0 to J Up 0 to t� w UO! J UI `+ O n V INO of �- of a O fD S Cry nt O 0C 8 i0 N a v i0 i3 E G-700 Remove Pavement (Asphalt) (Taxiway B4) (Appx. 4") (Dispose of Offsite) G-f00 Remove Sandshell Base (Taxiway 84) (Appx. 8") (Dispose of Offsite) P -101 Cold Planing Asphalt Taxiway F Transition (4") (Dispose of Offsite) g S ��DD iS P -152 Embankment in Place (Offsite & Onsite Borrow) P -152 Unclassified Excavation (Taxiway B4) P -153 Controlled Low Strength Material .g o q1 E o.;7i P -155 Lime Treated Subgrade (12") P -156 Tempkxary Baled Hay Filter Dam $ C �$4a E CO d►- P -209 Crushed Aggregate Base Course on P -401 Bituminous Base and Surface Course Q...... E ro a B in W U s i v c ,� ° c. daz 1P-602 Bituminous Prime Coat (0.20 Gal /SY) P-603 Bituminous Tack Coat (0.10 Gal/SY) P-620 Taxiway Painting (Black) (Non - Reflective) P-820 Taxiway Painting (Yellow) (Reflective) 0-701 4' x 2' Precast Reinforced Concrete Box (ASTM ,C 1433) 1D -752 Reinforced Concrete Headwall, Apron and Wngwalls (4:1) for 1 - 4' x 2' RCB Culverts T -901 Seeding IT -904 Sodding m O m .- N m 0 m V m N m tO m h m O m co m 8 m m N m V. m CO m (D m h m O ip 0) m O m —176— Exhibit B Waychoff Construction, Inc. 4920 Bear Lane I Corpus Christi, Texas 78405 § k n - - a k 0 ■ ci 8 \ m �_ at } o 49 o 0 - 0 cd � f _ @ - co 43 \ & I ) at # - " " 517.251 § 2 § - 8 D - 8 k § 2 : § I on Technologies, LTD ?M 3006 Ij , Texas 78064 R 0 at tO ® ' 0 Q k $2,280.00 ei _ § - 0 - 0 - § \ _ I58,497.80 - Q § $ ! 2 0 § _ 0 V. § 7 ¥ - 0 \ _ ¥ ■ $ k a # [ (0 k $757A0 Haas Anderson Construction, LTD. 1402 Holly Road Corpus Christ, Texas 78417 ) 0 - ¥ § e k f § - 512,325.00 - k ■ o k . 0 _ ¥ § - k ..-:. 2 3 ! . a _ . 0 _ - - @ '4 ° k § # § in 69 8 § co 5784.00 noses # n k IBerry Contracting LP DBA Bay LTD_ P.O. Box990s Corpus Christi, Texas 78469 } k ■ § # 8 / \ 0 \ 8 in ° 8 # 2 8 } ■ § . P S § 0 ct 8 0 _ 0 _ " 0 e - k k § m © % § 2 5 5 n § § § 6 TOTAL ADDITIVE ALTERNATE BID NO. 1 - SCHEDULE "B" 6‘ r ® ri in - - - - § ® e 1 -105 Demolition and Proper Disposal of all Equipment as Noted and Tuming Over All Designated lighting and Signage Equipment to Maintenance Staff \7 Kk k2 To /2 o° 2 2� f/ s. _,0 L -108 1IC #6 AWG BSD of BHD or TW Bare Copper Counterpiece L -108 1/C L- 824-Type C Unshielded #8 AWG 5KG Copper Cable 1 -110 1W2" Schedule 40 PVC Concrete Encased Duct Installed in Open Field L -110 2W4" Schedule 40 PVC Concrete Encased Duct Bank 1 -125 L-858 Airfield Guidance Sign, Double Face - 4 Module, Installed with a New Concrete Base L -125 1-858 Airfield Guidance Sign, Double Face - 3 Module, Installed on Existing Concrete Base 1 -125 L-861T Taxiway Edge Light (Elevated, Blue) Installed in Open Field on Existing Base L -125 L-861T Taxiway Edge Light (Elevated, Blue) Installed in Open Field with New Base SP-4 OSHA Trench Safety System 1 -125 L-867 handhole with Concrete Base and Galvanized Bolted ! 2 2 3 § § 2 2 2 2 A 2 -177- Exhibit B P qe 5 of 5 k Airfield Perimeter Road Improvements (Project No. 10018) Preliminary Project Budget December 15, 2009 FUNDS AVAILABLE: Aviation CIP FAA Grant Funds $596,749.15 Airport Capital Reserve CIP Fund $ 31,407.85 Total $628,157.00 FUNDS REQUIRED: Construction Contract $479,827.00 Project Contingency (10 %) $ 47,980.00 QA/QC Testing Contract $ 25,000.00 Engineering Design $ 17,350.00 Geotechnical Investigation $ Construction Inspection $ 24,000.00 Survey (in NE contract) $ -0- Engineering Project Liaison $ 14,000.00 Incidental Expenses (Printing, Advertising, etc.) $ 20,000.00 TOTAL $628,157.00 EXHIBIT "C" Page 1 of 1 H:\ HOME\ KEVINS\ GENVUR _restored\20041mprovements \Ta iar$\AwdConstrBudgetExhC.doc File : \Mproject \councilexhibits \exh 10018 �UECES �,p� !2q F.M. 624 NUECES BAY 2 0 C0RP'(.1S °W M' BAy AGNES 0 x McGLDIN RD. LOCATION MAP NOT TO SCALE /Y \ PROJECT # 10018 MCOL01I' ROAD y\ PUS CHRIST,, 2 it/TEPNABoU4 AIRPORTJ • \\\' .'_7—�l Ji\\ Y \� \\\ \ \ \\ li ti BE .AR 1 i'JC EXHIBIT "D" AIRFIELD EQUIPMENT AND MAINTENANCE FACILITY -1 7 9- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12 -15 -2009 IIIMM 12 AGENDA MEMORANDUM City Council Action Date: December 15, 2009 SUBJECT: Museum of Science and History HVAC /Air Handling Unit/Chiller /Generator and Fire /Security Repairs and /or Replacement (Project No. 4378) BOND ISSUE 2008 NO. 40 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Malek, Inc. of Corpus Christi, Texas, in the amount of 5705,023 for the Museum of Science and History HVAC /Air Handling Unit/Chiller /generator and Fire /Security Repairs and /or Replacement for the Total Base Bid and Additive Alternate Bid No. 2. (BOND ISSUE 2008) ISSUE: The proposed contract is necessary to proceed with the project as approved by voters in the November 2008 Bond Election. This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 5 Public Facilities. A construction contract is required to complete the project: and requires City Council approval. The City received proposals from six bidders on November 18, 2009 (see Exhibit "C" Bid Tabulation). The bids range from $654,433 to $965,800. The low bidder is Malek, Inc. After reviewing the information submitted by the low bidder, City staff and the consultant, Bath Engineering Group, Inc., recommend that the contract be awarded to Malek, Inc. in the amount of $705,023 for the Total Base Bid and Additive Alternate Bid No. 2. FUNDING: Funding is available from the Bond Issue 2008 Capital Improvement Budget FY 2009. RECOMMENDATION: Staff recommends approval of the motion as presented. Rick Stryker, Director of Museum 826 -4660 ricks(a�cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B Prior Project Actions Exhibit "C" Bid Tabulation Exhibit "D" Project Budget Exhibit "E" Location Map Pete Anaya, P.E., Director of Engineering Services 826 -3781 petean(cc�cctexas. com BACKGROUND INFORMATION SUBJECT: Museum of Science and History HVAC /Air Handling Unit/Chiller /Generator and Fire /Security Repairs and /or Replacement (Project No. 4378) BOND ISSUE 2008 NO. 40 PROJECT DESCRIPTION: Base Bid — Remove (3) multi -zone units and 1 constant volume unit and replace with 2 variable air volume units (VAV) with series fan powered terminal units, including new 18" roof curbs and roofing repair. Remove and replace (4) constant volume air handling units. Remove and replace clogged piping in the chilled and hot water piping. Install new exhaust hood for paint/work bench. Remove and replace electrical panels DPA, DPB, and a manual transfer switch in the main mechanical room. Provide connections for temporary generator. Install new secure card access system for (4) storage areas. Install new insulated vestibule to reduce heat infiltration at rear roll -up door entrance to workroom. All system complete and in place per lump sum. Additive Alternate Bid No. 1 — Upgrade fire alarm panel, related detectors and AN devices complete and in place per lump sum. Additive Alternate Bid No. 1 was removed by Addenda. Additive Alternate Bid No. 2 — Remove (4) exit doors and replace with (4) automatic slide exit doors. Install new pedestrian handrail on main entry steps complete and in place per lump sum. CONTRACT TERMS: The project is estimated to require 210 calendar days, with completion anticipated in July 2010. PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. —184— lcdI •..,.,7e KAI ICCI I.. uicrnwv u,.er,o nr_oann wnrWawni itin ,in,. EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Museum of Science and History HVAC /Air Handling Unit/Chiller /Generator and Fire /Security Repairs and /or Replacement (Project No. 4378) BOND ISSUE 2008 NO. 40 PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. 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) 4. February 17, 2009 — Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Bath Engineering Group, Inc., of Corpus Christi, Texas in an amount of $88,920, for the Museum of Science and History HVAC /Air Handling Unit/Chiller /Generator and Fire /Security Repairs and /or Replacement for design, bid, construction, and additional phase services BOND ISSUE 2008 (Motion No. M2009 -045). PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local). —185— H: \HOME \VelmaP \GEN \MUSEUM \4378 MUSEUM SCIENCE HISTORY HVAC \4 PRIOR PROJECT ACTIONS.doc EXHIBIT B Page 1 of 1 cQ C o 1 m l6 b U 0 N tl .. F Za F- F W Ju a o� U LL u LL. o Q LL X F- LEI H F- EE 2 0 J 3- (/)0 0 m L.L LLO O} i- 0 Q z J Z CO in Q Z O W LL_ U O a) co W rn 2 CC F w o d w u p E 0 W a as ca 0) c < 0 N N CO- IL } a) ma o E w > zo J CO � IL I- o 111/1 1-1 .pV1 /, /VV.VV T. L. Electric, Inc. 4717 Westway Drive Corpus Christi, TX 78408 AMOUNT o 6 co r N- N. ER Q Z 0 O O v ER UNIT PRICE O u; co r` r` ER Q Z 00 o O d' o) e • Columbia Contracting, Inc. P. O. Box 200709 San Antonio, TX 78220 AMOUNT 0 0 0 O O a0 N Eft Q Z $51,000.00 UNIT PRICE 0 0 0 0 o a0 69 Q Z $51,000.00 Malek, Inc. P. O. Box 679 Corpus Christi, TX 78403 AMOUNT 0 o M V La CD ER Q Z 0 0 a) N Lo 69 UNIT PRICE o o M v_ cr) CD ER Q Z 0 0 a) La La ER MUSEUM OF SCIENCE AND HISTORY HVAC /AIR HANDLING UNIT /CHILLER /GENERATOR AND FIRE /SECURITY REPAIRS AND /OR REPLACEMENT BOND ISSUE 2008 (PROJECT NO. 4378) H Z D CO CO J co 0 .- r- DESCRIPTION m a) Z. C R 7 a 5 u C E O till O o N o s ya) c o! 03 cool' E co a o ) � E oa8amo�ER- ao U 7 N U d 'O ca Ow > i _ U N > "o E N c fl ca 0 N-0 ° E E - a N c o,_ N C C U a) a) al N - -a a L N o N CO a) f) � C .0 N> E a N y N Vo m . m E _ om' =coccc pE`ovoCaai c o 3 m E L •°°- Q_` `m C o E a o N a) ._. a- 4. 2 N V O N i > 7 4' c6 a) .• L C a) in O 7 ---,, :Li') N m 7 V • .a C u c a) vi > a 0) a) N C C C N >$= Y °- 3 0 3 E a) ° c0) 7 7" > tQ a co u N N L a) >NC rnm °3 d'c o,Ucc E0 7 7 w N C U N> N N 7 R• E c v c o v >> O> °1 ° ° cc6 3 o. N � d C Oal ,_ N m (Additive Alternate Bid No. 1 Upgrade fire alarm panel, related detectors and NV devices complete and in place per lump sum. (Additive Alternate Bid No. 2 Remove (4) exit doors and replace with (4) automatic slide exit doors. Install new pedestrian handrail on main entry steps complete and in place per lump sum. m ,- T -186- m 0 0 N 0 M m .0 0 U 0 0 a) ° N N 0 Z E v v .> v a) 5) v N a) 0 Z V a) co a) Q a) 0 v IEXHIBIT "C" Page 1 of 4 X w H H 2 0 a co O a U — LL LL O O ?' H O Z D H W Z_ (0 Z w LL 0 H Z W w w RS 0 ❑ 0) m r c m ( U o_ N L Z < O 2 H al to J W 0- O• w U w W �z W Z w H N 0 u N co W O 0 U N ❑ w d >, 16 0) C < y N O 06 0 m ❑ E N 0 Q Z J • w .. CO I— -• ❑ T. L. Electric, Inc. 4717 Westway Drive Corpus Christi, TX 78408 AMOUNT I $712,735.001 Q Z $804,135.001 UNIT PRICE Columbia Contracting, Inc. P. O. Box 200709 San Antonio, TX 78220 AMOUNT 00 o oo_ cc, a Z 00 o o_ 0 r- EA UNIT PRICE Malek, Inc. P. O. Box 679 Corpus Christi, TX 78403 IAMOUNT $654,433.00 a Z 0 0 M N O co 0 n UNIT PRICE MUSEUM OF SCIENCE AND HISTORY HVAC /AIR HANDLING UNIT /CHILLER /GENERATOR AND FIRE /SECURITY REPAIRS AND /OR REPLACEMENT BOND ISSUE 2008 (PROJECT NO. 4378) H z D H O DESCRIPTION (TOTAL BASE BID 1 TOTAL BASE BID + `ADDITIVE ALTERNATE NO. 1 TOTAL BASE BID + ADDITIVE ALTERNATE NO. 1 + ADDITIVE ALTERNATE NO. 2 -187- EXHIBIT "C" Page 2 of 4 a) 0 c`a v c m a) 0 0 N o I— 1 W I1 d U U 1 1- co o � X 1- W 1- F— 2 0 0) 0 () 0 p 0 00 w u 0 0% F-- o 1•- g mL < _z 0 Z w LJ U 0 Z a) z `o W p) 1- CC o n- o W u o b W n: ai as ▪ 0) c Q 00 N 0- 0.) 00 } CO E o ar Q Z • W CO F 0 K J CJ 1 IMA 1 t: $617,796.00 Weathertrol, Inc. P. O. Box 4881 Corpus Christi. TX 78469 I AMOUNT I o 00 co cri co 0) 69 _Q Z O 0 00 o N in UNIT PRICE 0 co. co 0) Q Z 00 O O co 64 IAMOUNT 0 0 0 0 O 0° 0 oo 69 Q Z $59,225.00 UNIT PRICE 0 o o O � CO 69 Q Z 00 Ili N N co 64 Victoria Air Conditioning, Ltd. P. O. Box 3882 Victoria, TX 77903 z 2 Q 0 0 00 o M co 69 Q z 0 0 0 o 100 UNIT PRICE 11 00 0 o co c a z 0 0 o co z D CO -1 co } I— 0 1— 1— MUSEUM OF SCIENCE AND HISTOF HVAC /AIR HANDLING UNIT /CHILLER /GENEF FIRE /SECURITY REPAIRS AND /OR REPLA BOND ISSUE 2008 (PROJECT NO. 43 DESCRIPTION >e Bid - E O 0 o 0 c o o .. O w c co fo a 0a 2 0 ° E o a a C o a ) CO ,a a no U o s 0 N 7 o r o - 0 �L a) D C N O` •C 0 M O c V, y a) /.. N a r m- -0 m a) _c t6 a) 0 0 0 a) in w•3Nr°RIc�moCO EII) 0 '- a) m"= mo m.E cap E `- a0i cQ N • o a 3 c E L a— Q O v- 1`6 C 0- E a N E 5 •m -° n) O S c u o m 0o E 7 E C a C E o C c N= .0 c L c O O) E of CCN. a o °1 c�0 c N m ca 3 m v 7 7 7 2> v aY 0. a o 3 E a) - u IV 11) R -C t6 CD E 0 0 0) as a� u 0-0 c 0 0 _ c 0 ° 0m a a m ° u 3 a m — n 0 iitive Alternate Bid No. 1 Upgrade fire alarm panel, related detectors and AN devices complete and in place per lump sum. 'Additive Alternate Bid No. 2 Remove (4) exit doors and replace with (4) automatic slide exit doors. Install new pedestrian handrail on main entry steps complete and in place per lump sum. —188— 0 0 N 0 G) .0 0 U 0 O II a) a) N 0 z E c a) a) -0 a) .> a) w d a) 0 (1) a) 0 Z V a) () c a) a) v v EXHIBIT "C" Page 3 of 4 X w F- P 0) 2 U 0_ 0 U w 0 } F- U W W Z_ 0 Z w u. 0 F- Z w a w O m O O co rn m r 'a r c a7, m6 U o_ N F- 2 < O F- 1- W cn aw 2Y) O U w W Z O 5 w Z 2w H TABULATED BY: Pete An O) O O N co a) N E O O Z w F- O -189- Additive Alternate Bid No. 1 was deleted via Addendum No. 1 issued on October 30, 2009. EXHIBIT "C" Page 4 of 4 MOUNT I O O O 0 ao N o rn a Z 017,800.001 rtrol, ox 4i 3ti, T. 64 W 0 ii d F- z D a AMO $868 Z $927 Elite General C 23 Greg Corpus Chri; UNIT PRICE o 00 0 0 o a 0 0_ M z co � 6 Victoria Air Cc P. O. B1 Victoria,' UNIT PRICE F- z MUSEUM OF SCIENCE AND HISTORY HVAC /AIR HANDLING UNIT /CHILLER /GENERATOR FIRE /SECURITY REPAIRS AND /OR REPLACEMEN BOND ISSUE 2008 (PROJECT NO. 4378) 0 DESCRIPTION (TOTAL BASE BID TOTAL BASE BID + 'ADDITIVE ALTERNATE NO. 1 TOTAL BASE BID + 'ADDITIVE ALTERNATE NO. 1 + ADDITIVE ALTERNATE NO. 2 -189- Additive Alternate Bid No. 1 was deleted via Addendum No. 1 issued on October 30, 2009. EXHIBIT "C" Page 4 of 4 PROJECT BUDGET MUSEUM OF SCIENCE AND HISTORY HVAC /AIR HANDLING UNIT /CHILLER /GENERATOR AND FIRE /SECURITY REPAIRS AND /OR REPLACEMENT (BOND ISSUE 2008) Project No. 4378 December 15, 2009 FUNDS AVAILABLE: Bond Issue 2008 CIP No. 40••• ••• ••• ....... •.••• ••• ••• ••• ...... ..• ••• ••.••• ••• ••• ..... • $850,000.00 Total. $850,000.00 FUNDS REQUIRED: Construction (Malek, Inc.) ..... ............................... $705,023.00 Contingencies 49,352.00 Consultant (Bath Engineering Group)......... 88,920.00 Reimbursements 1,500.00 Misc. (Printing, Advertising, etc.) .................. 1,000.00 Total ............................................................ ............................... $845,795.00 Funds Remaining ................................ ............................... $4,205.00 EXHIBIT "D" Page 1 of 1 File : \M•ro'ect councilexhibits \exh4378b.dwg coRPUS (JOUST' Bay CITY PROJECT No. 4378 VICINITY MAP NOT TO SCALE MUSEUM OF SCIENCE & HISTORY (BOND 2008) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 11 -19 -2009 Il■ IBM 13 AGENDA MEMORANDUM City Council Action Date: December 15, 2009 SUBJECT: Rolled Curb and Gutter Replacement FY 2009 -2010 Project No. 2320 / CIP 2010 No. SW 16 AGENDA ITEM: (Pending Approval of the Capital Improvement Budget FY 2010) Motion authorizing the City Manager or his designee to execute a construction contract with A. Ortiz Construction and Paving of Corpus Christi, Texas. in the amount of $370,950 for Rolled Curb and Gutter Replacement FY 2009 -2010 for the Total Base Bid Part A and Part B. ISSUE: This is an annual program to address curb and gutter problems throughout the City. Specific locations are identified and prioritized that present the most hazardous to vehicle and pedestrian traffic in addition to drainage problems. Identified sections of curb and gutter will be removed and replaced to improve the drainage flow line. The improvements will also include narrow strips of pavement and base restoration for areas immediately adjacent to the work. On October 28, 2009, the City received proposals from eight (8) bidders (see Exhibit "C" Tabulation of Bids). The bids range from $370,950 to $627,480.90 for the Total Base Bid Part A and Part B. The estimated cost of construction is $494,180. The City's consultant, Engineering and Construction Management Services, LLC (ECMS) and City staff recommend a contract be awarded to A. Ortiz Construction and Paving in the amount of $370,950 for Rolled Curb and Gutter Replacement FY 2009 -2010 for the Total Base Bid Part A and Part B. FUNDING: Funding is available from the Storm Water Capital Improvement Budget FY 2010. RE OM E P I T ON: Staff recommends approval of the motion as presented. Vale is 1 -1. Gray I'.L•:. 1 I)ii ..tor of StortnVatek and Street Operations 826-1875 or 826 -1872 ,) Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Actions Exhibit "C" Bid Tabulation Exhibit "D" Project Budget Exhibit "E" Location Map Pete Anaya, P.E. Director of Engineering Services 826 -3781 oetean a(7cctexas.com •unstt Kc.15: 3 (3E` DRA,NAGE 3 :i;- It:+ife1(,. ,,:u:u (Litt^ Rcp:;;r: err.; }\ a.;.:._:rl : t o::+::.:;n.o:: At i. %1 .•dl•MO L:• —195— AGENDA BACKGROUND INFORMATION SUBJECT: Rolled Curb and Gutter Replacement FY 2009 -2010 Project No. 2320 / CIP 2010 No. SW 16 PROJECT DESCRIPTION: This project consists of the removal and replacement of 7,000 linear feet of curb and gutter throughout the City under multiple work authorizations [indefinite delivery/indefinite quality (ID.IQ)] over a period of 240 calendar days, with the option to extend the contract for an additional two years in one year increments. The project is divided in two parts: Part A: Defined Area(s) consisting of the removal and replacement of 5,000 linear feet of curb and gutter, 8,930 square feet of driveway approaches, 2,690 square feet of sidewalks, 1,670 square yards of pavement repair. Part B: Undefined Area(s) consisting of the removal and replacement of 2,000 linear feet of curb and gutter, 2,800 square feet of driveway approaches, 500 square feet of sidewalks, 900 square yards of pavement repair (city wide) and 400 square feet of curb ramp, all in accordance with the plans, specifications and contract documents. CONTRACT TERMS: The project is estimated to require 240 calendar days, with completion anticipated in September 2010. PROJECT BACKGROUND: This project is a strategic lifecycle approach for replacement of the curb and gutter throughout the City. The current inventory of improved streets in the City is 923 miles with approximately 1,846 miles of curb and gutter. The primary purpose of the curb and gutter is two fold, control storm water flows within the street and to prevent premature roadway edge and pavement failures. This project is part of the Capital Improvement Project (CIP) to renovate and extend the life and serviceability of the curb and gutter and roadways. The project addresses the most critical sections to improve public safety with reduced standing water (ponding) and premature failure of the roadways, sidewalks, and driveways. This annual program was initiated as a phased approach to improve the overall drainage and impacts to the transportation system as funding allows. The total net present value of the existing curb and gutter is estimated at approximately $200 Million. The phased approach minimizes the fiscal impacts per fiscal year of the CIP. The proposed improvements are designed for a minimum of a 25 -year lifecycle to match the recommended street pavement design life of 25 years. Additional future maintenance such as street cleaning, joint and crack repairs, and potential herbicide applications will be required by the Storm Water and Streets Department to preserve the longevity of the new curb and gutters maintain positive drainage flows. —1 9 6— IIEXHIBIT o"A" II Panes 1 f 1 PRIOR PROJECT ACTIONS SUBJECT: Rolled Curb and Gutter Replacement FY 2009 -2010 Project No. 2320 / CIP No. SW 16 PRIOR COUNCIL ACTION: (pending City Council approval) 1. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. PRIOR ADMINISTRATIVE ACTION: 1. August 29, 2009 — Administrative approval of an agreement for Architect/Engineer Consultant Services with Engineering and Construction Management Services in the amount of $41,000 for Rolled Curb and Gutter Replacement FY 2009 -2010. H: HOME\KellyO \GEN\DRAINAGE\2320- Rolled Curb and Gutter Replacement FY 2009- 21193nsuuction\4 PRIOR ACTIONS.doc EXHIBIT "B" Page 1 of 1 cr) W H 2 U 4) 0 00 • ( LL a3 u. O _ O , U ~ Z N 03 LLI w g Z W w • 0 LL O LL. F- O Z W ? aC a_ W 6) Co W O O U 0 W co ca Q .> mN 0- cis } N N LJ CW .. n m F a a o V �V SLC Construction V VV 1165 Rodeo Drive Aransas Pass. TX 78336 AMOUNT o O (°o O 0 M coo CO to 0 N co $80,377.101 0 O °o N 0) (A 0 0 (( 115 699 0 0 'v°_ C a W $21,308.00 $3,645.00 $43,317.00 0 0 °o W 0 O ° (O K 0 CO t00 0 NW 0 O ° CO W 0 CD n N CO UNIT PRICE in N 1 (O co 0 $48.13 0 � 0 N 69 WI f0 N $48.13 N • N A. M. Services _.. 4818 Gemini Street Corpus Christi, TX 78405 AMOUNT o o O O ; $147,345.00 O 0 m co W LO P n th „79. 0 0 O O 0 69 pp '� 1() N 0 01 i O �. .t ; ss�77 0 O 0 O CO f9 0 0 0 < co ° 69 0 O 0 N W $8,325.00 0 O 0 0 $112,975.00 . a C( Ni ��077f)f'; `° :'�ll@f�1ll � w§ 0 LA 0)). . w IIT r: fir, UNIT PRICE N K L 0 69 N CO 0 O O 0 N fA $23.00 0 co V9 0 Y) 699 N OMi 0 ° W Leoncitos, Inc. 400 SPID, Suite 104 Corpus Christi, TX 78405 AMOUNT S O O O O 0 w 0 0 L[) P 0 (0 CO 0 (4) 0) n C' f9 0 O 0 0 U) 1+) CO 0 0 C 0 O 0 N CO 0 0 O P N Lo CO N 69 0 O 0 0 O o 0 0 O 0 V. N ((3 0 O 0 LO P N 0 O 0 0 O) LA O O 0 0 (O t+) $114,650.00 0 0 0 P N (4) w $114,650.00 0 O 0 N S. 0) CA CO 0 0. 2 Z 7 O P1 °° o 69 n 69 0 w O 0 N 0 w 0 w °O (n w 0 0) A. Ortiz Construction & Paving 102 Airport Road Corpus Christi, TX 78405 H Z 7 0 o o 0 0 O N o o O 0 M 0) W 0 0 O 0 0) (0 43 $41,750.001 0 O 0 O O O W $270,450.00 0 o 0 0 O r V) 0 0 O 0 O CO W 0 0 0 0 0 Lo 69 0 0 O O u) N N iH 0 O 0 O q CO 0 O 0 O Lo 0 0 W 0 0 0 LA V. 0 W 0 0 O 0 LO 0 0 CO 0 0 O Lo O) 0 d) CO UNIT PRICE ° 10 aC M . 0 O uO 9 $10.001 N w O 0 0 N fA 0 (L) O i!uN 0 O n 0 O 0 w O N t9 ROLLED CURB AND GUTTER REPLACEMENT (Project No. 2320) F 7 JJ V) 4) co J Total Base Bid Part "A" (Bid Items A1-A5) Part "B" Rolled Curb and Gutter Replacement - Undefined Areas J u. 4) V) V) 4) 1Total Base Bid Part "B" (Bid Items B1 -B5) Part "A" Rolled Curb and Gutter Replacement - Defined Area O LO Obi CO (00 N S I- O N S. N LO 0 0 V DESCRIPTION Removal and replacement of curb and gutter, complete and in place per linear foot i Removal and replacement of driveway approaches, complete and in place per square foot Removal and replacement of sidewalks, complete and In place per square foot Removal and replacement of pavement/pavement repairs, complete and in place per square yard Miscellaneous street and sidewalk repair allowance, complete in place per lump sum Removal and replacement of curb and gutter, complete and in place per linear foot Removal and replacement of driveway approaches, complete and in place per square foot Removal and replacement of sidewalks, complete and in place per square foot Removal and replacement of pavement/pavement repairs, complete and in place per square yard Concrete curb ramps, meeting ADA requirements, complete in place per square foot IBASE BID PART "A" (ITEMS A1-A5) J IBASE BID PART "B" (ITEMS B1 -B5) TOTAL BASE BID PART A + PART B Q N a Li Q v < V) ¢ r' m N m ('7 m v m 10 m -198- Numbers shown in the gray boxes are corrections to math errors submitted by the Bidder. 9 0)) m 0 O N 0 W 0 a 0 u. U 0 W 2 1- M. B. Tech, Inc. 235 Country Club Blvd. Portland, TX 78374 Z D 0 Q O o cD v co 69 O t0D co R IA $42,044.70 N 0 0 10 0 69 O O O O N O n o con $53,384.001 $45,360.00 9 O w 69 $55,944.001 O o 609 O O 10 c0D fA $458,977.901 O u) IDD 69 0 co a N 0 1A UNIT PRICE co oi N 69 0 0 /A $15.63 co ID 69 O O O N 69 cD 01 69 N a $15.63 co (D /A O 69 Garrett Construction Company P. O. Box 1028 Ingleside, TX 78362 AMOUNT O O O o c. u) 0 w o co cc N cO ' w $28,971.30 O h 0 C) o 1� 69 O 0 0 O O • o N w O O 0 0 t0 o O) 49 CO O O o N O /7 (0 69 O O d' o 'f O a vi O O 0 cv tD u) 14 O O ee�� t0 co O. C) w $13,268.001 O O t0 c. O) 0 co W O 0 0 u) cO CO 0) CO O 0 co c- O) O CO W $557,631.001 W 0 E — Z D a w CCOO M w r O w CO N 0 ° 1A I- 0 w CO a 4 N 69 $42.96 $33.17 Grace Paving & Construction 4237 Baldwin Corpus Christi, TX 78405 AMOUNT $144,300.00 0 O a MD_ O 0 0 co N 6'> 0 O) N 0 0 0 N 69 $341,104.70 $61,880.00 0 O 0. co M 0 O 7 0M $32,175.00 0 O 0 0 O CO v0) 69 0 1- V N 0 0 V ) M O yh In 0) W W 0 W I— Z m co w c111) cV is 0 Oi $25.571 00 o 0 N 69 Oa) O 69 co c7 w 0)) O w $35.75 3- 0 w J. Carroll Weaver, Inc. 211 W. Welder Sinton TX 78387 IAMOUNT 0 a v0)) co w 0 c0 CO O) 69 0 N 00). N 69 0 0 N a 69 0 O O N 69 0 6 CO co 1+) w 0 O 0 11 1) 69 0 0 f00. co 69 0 O O 669 0 cV c0 N /9 0 0 N 0 rM $133,752.00 - ri 05 69 0I c6 414 - Id a 69 UNIT PRICE $27.50 0 W c00• vo) y 00 § N 4' c00 4' ID• 4 4- c00 649 O 69 ROLLED CURB AND GUTTER REPLACEMENT (Project No. 2320) F Z D J U. 0) V) 0 J Total Base Bid Part "A" (Bid Items A1-A5) Part "B" Rolled Curb and Gutter Replacement - Undefined Areas J Cn 0) fn 0) !Total Base Bid Part "B" (Bid Items B1 -B5) Part "A" Rolled Curb and Gutter Replacement - Defined Area 0 0 0) aD o N 0 4- 0 o o N 0 o o N o in 0 0) 0 a DESCRIPTION Removal and replacement of curb and gutter, complete and in place per linear foot Removal and replacement of driveway approaches, complete and in place per square foot Removal and replacement of sidewalks, complete and in place per square foot Removal and replacement of pavement/pavement repairs, complete and in place per square yard Miscellaneous street and sidewalk repair allowance, complete in place per lump sum Removal and replacement of curb and gutter, complete and in place per linear foot J Removal and replacement of driveway approaches, complete and in place per square foot - Removal and replacement of sidewalks, complete and in place per square foot Removal and replacement of pavement/pavement repairs, complete and in place per square yard Concrete curb ramps, meeting ADA requirements, complete in place per square foot (BASE BID PART "A" (ITEMS A1-A5) IBASE BID PART "B" (ITEMS B1 -B5) ITOTAL BASE BID PART A + PART B a N a CO a < 0 a m cy m 1+1 co Y co 0 m —199— Numbers shown in the gray boxes are corrections to math errors submitted by the Bidder. PROJECT BUDGET ROLLED CURB AND GUTTER REPLACEMENT FY 2009 -2010 Project No. 2320 December 15, 2009 FUNDS AVAILABLE: Storm Water CIP 2010 (SW 16) $600,000.00 FUNDS REQUIRED: Construction (A. Ortiz Construction & Paving) $370,950.00 Contingencies (10 %) 37,095.00 Consultant (Engineering & Construction Management Services) 41,000.00 Reimbursements 14,838.00 Misc. (Printing, Advertising, etc.) 4,000.00 Total $467,883.00 FUNDS REMAINING $132,117.00 —200— \ Mpro ject \ counciiexh;bi is \ exh2320. d wg ROLLED CURB & GUTTER REPLACEMENT FY 2009 -2010 -201- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 11/13/2009 a M• NEM ■■• 14 AGENDA MEMORANDUM City Council Action Date: December 15, 2009 SUBJECT: County Road 52 from County Road 69 to US 77 (Project No. 6471/CIP No. Bond 2008 ST 09) County Road 69 from County Road 52 to FM 624 (Project No. 6507 /CIP No. Bond 2008 ST 28) AGENDA ITEM: A. Motion authorizing the City Manager, or his designee, to execute the Interlocal Cooperation Agreement between the City of Corpus Christi and Nueces County for an amount up to $1,200,000 to be paid by Nueces County and $1,200,000 to be paid by the City for the shared total project cost of widening and improving County Road 52 from County Road 69 to US 77, subject to the approval of Nueces County. (BOND ISSUE 2008) B. Ordinance appropriating an amount of $1,200,000 in anticipated revenues from Nueces County in the No. 3530 Street CIP Fund for the joint project between the City and Nueces County to widen and make certain improvements to County Road 52 known as the County Road 52 (from County Road 69 to US 77) Project; changing the FY 2008 -2009 Capital Improvement Budget adopted by Ordinance No. 028006 to increase appropriations by up to $1,200,000; and declaring an emergency. C. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Maverick Engineering Inc. of Corpus Christi, Texas, in the amount of $254,477 for preliminary design, design, bid and construction phase services, and additional services for County Road 52 from County Road 69 to US 77. (BOND ISSUE 2008) (subject to the approval of the Inter -local agreement with Nueces County for the shared funding of County Road 52) D. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Maverick Engineering Inc. of Corpus Christi, Texas, in the amount of $132,040 for preliminary design, design, bid and construction phase services, and additional services for County Road 69 from County Road 52 to FM 624. (BOND ISSUE 2008) ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1 Street Improvements. A contract for professional services is required to complete the preliminary design phase, design phase, bid phase, construction phase and additional services; and requires City Council approval. County Road 52 was originally anticipated to be a TxDOT /MPO (Metropolitan Planning Organization) matching fund project (80/20). Due to the reduction of available MPO funds and the fact that building roads to TxDOT standards is more costly and time consuming than the City and County process, the MPO suggested that the City and County obtain an alternate funding source so the project could move forward in a timely manner. It was projected that funding would not be available for a number of years and building to federal standards would require a full C: \DOCUME -1 WuroraP \LOCALS- 1 \Temp\XPgrpwise1AGENDA MEMO (Reviseglen 5_ environmental review process prior to any land acquisition. The Interlocal Cooperation Agreement with Nueces County is scheduled for County approval on December 16, 2009. Improvements to County Road 52 are subject to approval of the Interlocal Cooperation Agreement and will not be implemented if approval is denied. Maverick Engineering was initially selected for these projects through Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects. FUNDING: Funding for County Road 69 is available from the Streets Capital Improvement Budget FY 2009 from Bond 2008 General Obligation proceeds. County Road 52 will be a shared cost (50% City, 50% County) between the City and Nueces County per the Inter - local Cooperation Agreement. (contingent upon the approval from County). Funding for the City's portion of the shared cost of County Road 52 is available from the Streets Capital Improvement Budget FY 2009 from Bond 2008 General Obligation proceeds. RECOMMENDATION: Staff recommends approval of the Motion as presented. Pete Anaya, P.E. Director of Engineering Services 361- 826 -3781 petean(cr)cctexas.com Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Support Material: Background Information Inter -local Agreement Prior Actions Contract Summary Location Map C: \DOCUME -1 WuroraP \LOCALS- 11Temp\XPgrpwise\AGENDA MEMO (Revised)2c0 6_ AGENDA BACKGROUND INFORMATION SUBJECT: County Road 52 from County Road 69 to US 77 (Project No. 6471/CIP No. Bond 2008 ST 09) County Road 69 from County Road 52 to FM 624 (Project No. 6507 /CIP No. Bond 2008 ST 28) PROJECT DESCRIPTIONS: County Road 52 from County Road 69 to US 77 The section of County Road 52 bound between US 77 and County Road 69 is currently a two lane rural roadway section. County Road 52 improvements will consist of the reconstruction and widening of the existing two lane roadway to a rural road section with a continuous left turn lane, driveways, storm water improvements including drainage ditches, and replacement of the culvert crossing for the irrigation canal at the intersection of County Road 69 and 52. County Road 69 from County Road 52 to FM 624 The section of County Road 69 bound between Farm to Market 624 and County Road 52 is currently a two lane rural roadway section without drainage ditches. County Road 69 improvements will consist of the reconstruction and widening of the existing two -lane roadway to a rural road section and repairs of base failures, including a continuous left turn lane and without shoulders. The improved road section will carry heavier traffic. CONTRACT DESCRIPTION: The Consultant, Maverick Engineering, Inc. will provide professional services for the coordination with City staff for preliminary design, design, bidding and construction phases described further below: The preliminary design phase will provide a study and report of project scope with economic and technical evaluation of alternatives, and upon approval, proceed in an Engineering Letter of Report which includes preliminary designs, drawings, and a written description of the project. The design phase will implement the Engineering Letter of Report recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff. The bid phase will include participation in the pre -bid meeting, assist City in solicitation of bids, attend bid opening and award recommendations. The construction phase includes participation in pre - construction meeting, contracting and testing submittal reviews, general correspondence, preparation of change orders as authorized by the City, and participation in the final inspection /warranty period. Additional services include permitting, ROW survey, ROW acquisition, topographical survey, environmental clearance and public involvement, construction observation services, warranty phase and hydro- excavation. CONTRACT SUMMARY /FEE: A contract summary and fee is attached as Exhibit "D ". —207— rrncrnrnce7, rni miry onen cow er_cunn anrkr_Rrn min ,i„r, EXHIBIT "A" Page 1 of 2 INTERLOCAL COOPERATION AGREEMENT DESCRIPTION: The Interlocal Cooperation Agreement is made by and between the City of Corpus Christi, Texas ( "City ") and the Nueces County, Texas ( "County "). The Agreement is attached herein as Exhibit "B ". The purpose for participation will be for the mutual benefit of the parties and residents of Corpus Christi and Nueces County, City and County desire to fund and provide for the widening and improvement of County Road 52. The obligations of the City and County include agreement to participate in the funding of costs, including engineering and construction necessary to facilitate the construction of improvements to renovate and expand County Road 52. The County agrees to pay up to $1,200,000 to the City for Project costs associated with the construction of County Road 52 including, but not limited to: engineering services to design and prepare construction plans, property and land acquisition, legal expenses, advertising, printing and miscellaneous expenses. The City agrees to provide $1,200,000 in funding toward the total Project cost of County Road 52. It is mutually agreed that the total Project cost will not exceed $2,400,000. Items such as utilities, miscellaneous and property and land acquisition will be paid with Project funding. The County will pay (up to an amount of $1,200,000) to City within 30 days from the date of receipt of the City's detailed invoice (billed monthly) for Project funding. City will be responsible for contract administration, paid with Project funds, during construction of County Road 52 and provide oversight inspection as needed, geotechnical services, engineering materials inspection, testing and laboratory services, change orders and maintenance of roadway and drainage improvements. City shall make final inspection of the improvements, and City Engineer will certify in writing such completion for Final Acceptance. Both City and County shall be responsible to present warranty issues to be done or performed by the contractor during the construction warranty period of one year from the Date of Acceptance. County will grant the City access to any of its property easements for the construction of the project and maintenance of City utilities. The term of the Agreement shall be from the date signed and authorized by the parties until final acceptance of the Work. FUTURE COUNCIL ACTION: Approval of a construction contract to complete the project is required. PROJECT BACKGROUND: On Tuesday, November4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. —208— EXHIBIT "A" Paae2of2 THE STATE OF TEXAS § COUNTY OF NUECES § INTERLOCAL COOPERATION AGREEMENT THIS INTERLOCAL COOPERATION AGREEMENT ( "Agreement ") is made by and between the CITY OF CORPUS CHRISTI, TEXAS ( "City "), a Texas municipal corporation and home -rule city, acting by and through its governing body, the Corpus Christi City Council, and the NUECES COUNTY, TEXAS ( "County "), acting by and through its governing body, the NUECES COUNTY COMMISSIONERS COURT. This Agreement is made pursuant to Chapter 791, Texas Government Code, and is as follows: SECTION 1. PURPOSE FOR PARTICIPATION. For the mutual benefit of the parties and the residents of the City of Corpus Christi and Nueces County, Texas, City and County desire to fund and provide for the expansion of County Road 52 ( "CR 52" or "the Road ") to 3 or 5 lanes generally depicted on Exhibit A herein attached and incorporated in its entirety, and related improvements as provided in this Agreement. SECTION 2. OBLIGATIONS OF CITY AND COUNTY. For and in consideration of the covenants and agreements of the parties set forth herein, City and County agree to participate in the funding of costs, including engineering, and construction necessary to facilitate the construction of improvements to renovate and expand CR 52 (the "Project" or the "Work ") as follows: (a) Funding. County agrees to pay up to $1,200,000.00 to the City of Corpus Christi for Project costs associated with the construction of County Road 52 including, but not limited to: engineering services to design and prepare construction plans, property and land acquisition, legal expenses, advertising, printing and miscellaneous expenses necessary for the construction of CR 52. The City agrees to provide $1,200,000.00 in funding toward the construction of CR 52. It is mutually agreed that the total Project cost will not exceed $2,400,000.00. The City or County may increase their funding upon written notice to the other party. Any such increased funding will be used only for the purpose of this agreement. However, such increase will not require any commitment of matching funds by the other party unless mutually agreed in writing as an amendment to this agreement. (b) Utilities & Miscellaneous. The City and County agree any drainage, adjustments or relocations of private utilities or pipelines that may be necessary due to the Project will be part of the Project. The cost —200- adjustments or relocations of private utilities or pipelines will be paid with Project funding. The City will pay for 100% of the costs for the adjustment, relocation, installation and maintenance of any City -owned gas lines and wastewater lines including valves and appurtenances. The City and County will each pay for one -half the costs of any storm water improvements installed as part of the Project with Project funding. The City and County will each pay for one -half the costs of any modification or adjustments required for any raw water canals or other raw water conveyances with Project funding. (c) Property & Land Acquisition. The City agrees to acquire any construction easements, rights -of -way, and utility easements that may be necessary for construction, including proceedings to condemn by use of the power of eminent domain, if necessary. The costs of such acquisition are included in project funding and will be paid with Project funds. The City will acquire and hold property rights in the name of the City. (e) Payment Dates. The County will pay (up to an amount of $1,200,000) City within 30 days from the date of receipt of the City's detailed invoice for project funding. City will bill County on a monthly basis for 50% of the Project costs incurred. (f) Contract Management. City will be responsible for contract administration during construction of CR 52 including any new utilities, drainage and required adjustments and /or relocation of the utilities. City will provide oversight inspections, as needed, and provide through an independent third party provider necessary geotechnical services, engineering materials inspection, testing and laboratory services at its expense. The cost of contract administration will be paid with Project funds. Both City and County will accept, in writing, the Project Plans, Specifications, and Cost Estimates before the City advertises and proceeds to solicit bids for the construction of the Work. The City will ensure the contact documents require the contractor to name the City of Corpus Christi and Nueces County as additional insureds. The City will ensure the contract documents include the requirement that the contractor indemnify and holds harmless the City of Corpus Christi and Nueces County. —210 — (g) The City Council will authorize the City Manager or his designee to execute the contract after the bids have been opened and evaluated. Payments. Any payment made by either party hereto for any of the services provided pursuant to this Agreement shall be made out of current revenues available to the County and City as required by Chapter 791, Texas Government Code. (h) Final Acceptance. Both City and County shall make final inspection of the improvements, and City Engineer and County Engineer must each agree and will certify in writing such completion for Final Acceptance. City shall provide written notice to the County Judge the date certified for Final Acceptance under this subsection (the "Date of Acceptance "). (1) Construction Warranty Period. During the construction warranty period of one year from the Date of Acceptance, or for such lesser or greater period as may be specifically provided, both City and County shall be responsible to present warranty issues to be done or performed by contractor. (j) Maintenance. City will maintain the roadway and drainage improvements. This paragraph will survive expiration of this agreement. (k) Easements. County will grant the City access to any of its property or easements for the construction of the project and maintenance of City utilities. SECTION 3. TERM OF AGREEMENT. Term. The term of this Agreement shall be from the date signed and authorized by the parties until final acceptance of the Work. SECTION 4. CHANGE ORDERS Change orders will be reviewed by both the County and City with the City giving final approval as part of contract administration. All changes will be funded with Project funds. Copies of the Change Orders will be provided to the County Engineer. SECTION 5. MISCELLANEOUS. (a) Severability. In the event any term, covenant or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant or condition herein contained, provided that such invalidity does not materially prejudice either County or City in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. —2131— IEXHIBIT "B" 1 Paae 3 of 5 (b) Entire Agreement. This Agreement merges the prior negotiations and understandings of the parties hereto and embodies the entire agreement of the parties, and there are no other agreements, assurances, conditions, covenants (express or implied) or other terms with respect to the covenants, whether written or verbal, antecedent or contemporaneous, with the execution hereof. Written Amendment. Unless otherwise provided herein, this Agreement may be amended only by written instrument duly executed on behalf of each party. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third (3rd) day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed below, or at such other address as the receiving party may have theretofore prescribed by notice to the sending party. The initial addresses of the parties, which one party may change by giving written notice of its changed address to the other party, are as follows: City Angel R. Escobar City Manager City of Corpus Christi P. 0. Box 1541 Corpus Christi, Texas 78401 COUNTY Samuel L. Neal, Jr. County Judge Nueces County 901 Leopard Corpus Christi, Texas 78401 (e) Non - Waiver. Failure of any party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. (f) Successors. This Agreement shall bind and benefit the parties and their legal successors. This Agreement does not create any personal liability on the part of any officer or agent of the City of Corpus Christi, or any officer, agent or employee of the City, or any Reinvestment Zone, or any County Commissioner, officer, agent or employee of the County. (g) No Waiver of Immunity. No party hereto waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. IN WITNESS HEREOF, the City and County have made and executed this Agreement in multiple copies, each of which is an original. CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS Angel R. Escobar Date Samuel L. Neal, Jr. Date City Manager County Judge ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: Date Diana Barrera County Clerk Veronica Ocanas Assistant City Attorney for City Attorney Date —2153— Date PRIOR PROJECT ACTIONS SUBJECT: County Road 52 from County Road 69 to US 77 (Project No. 6471/CIP No. Bond 2008 ST 09) County Road 69 from County Road 52 to FM 624 (Project No. 6507 /CIP No. Bond 2008 ST 28) PRIOR COUNCIL ACTION: 1. November 13, 2008 - Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 16, 2008 — Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300 (Ordinance No. 028006). PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). EXHIBIT "C" Q Page 1 of 1 H:\HOMMICellyO\GEN\STREETS\647I & 6507 - County Road 52 (from CR 69 to [IS 76) 2 Ctunty Road 69 (from CR 52 to FM 624) \Consultant (Maverick)\4 PRIOR ACTIONS.doc CONTRACT SUMMARY SUBJECT: County Road 52 from County Road 69 to US 77 (Project No. 6471/CIP No. Bond 2008 ST 09) County Road 69 from County Road 52 to FM 624 (Project No. 6507 /CIP No. Bond 2008 ST 28) 1. SCOPE OF PROJECT This project will improve and upgrade the route between Farm to Market 624 and US 77. • The section of County Road 52 bound between US 77 and County Road 69 is currently a two lane rural roadway section. County Road 52 improvements will consist of the reconstruction and widening of the existing two lane roadway to a rural road section with a continuous left turn lane, driveways, storm water improvements including drainage ditches, and replacement of the culvert crossing for the irrigation canal at the intersection of County Road 69 and 52 • The section of County Road 69 bound between Farm to Market 624 and County Road 52 is currently a two lane rural roadway section without drainage ditches. County Road 69 improvements will consist of the reconstruction and widening of the existing two -lane roadway to a rural road section exclusive of shoulders with a continuous left turn lane where possible within the existing right -of -way. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional 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. Exhibit "A -1" provides supplemental description of services to Exhibit "A" and is not intended to supersede services described in Exhibit "A ". Work will not begin on Additional Services until requested by the NE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. PROJECT SCHEDULE DAY DATE ACTIVITY Tuesday December 15, 2009 Begin Engineering Letter of Report Phase Monday March 29, 2010 Engineering Letter of Report Draft Submission (30% Design) Monday April 19, 2010 City Review Monday May 3, 2010 Engineering Letter of Report Final Submission Tuesday July 6, 2010 60 % Design Submission Tuesday July 20, 2010 City Review —215— EXHIBIT "D" Page 1 of 2 H:\HOMEUCeIiyO\GEN\STREETS \6471 & 6507 - County Road 52 (from CR 69 to US 77) & County Road 69 (from CR 52 to FM 624) \Consultant (Maverick) \5 CONTRACT SUMMARY.doc Monday August 16, 2010 Pre -Final Design Submission Monday August 30, 2010 City Review Monday September 13, 2010 Final Design Submission Wednesday September 29, 2010 Advertise for Bids Wednesday October 20, 2010 Pre -Bid Conference Wednesday October 27, 2010 Receive Bids Weekday December 2010 Begin Construction Weekday October 2011 Construction Completion 4. SUMMARY OF FEES • County Road 52 from County Road 69 to US 77 - City /County Shared Cost (contingent upon the approval from County) • County Road 69 from County Road 52 to FM 624 - City Bond 2008 Fee for Basic Services CR 52 CR 69 CR 52 & 69 Street Street Totals 1. Preliminary Phase $26,515 12,365 $38,880 2. Design Phase 114,793 53,535 168,328 3. Bid Phase 7,263 3,387 10,650 4. Construction Phase 12,232 5,704 17,936 Subtotal Basic Services Fees $160,803 74,991 $235,794 Fee for Additional Services (Allowance) 1. Permit Preparation (allowance) TXDOT NPDES Permit/Amendments Texas Department of License and Regulation Texas Commission on Environmental Quality United States Postal Service Railroad Permitting Total Permitting 4,287 2,000 6,287 2. ROW Acquisition Survey 0 13,363 13,363 3. Topographic Survey 17,297 8,066 25,363 4. Public Involvement Issues 2,728 1,272 4,000 5. Construction Observation Services (allowance) 57,196 26, 674 83,870 6. Warranty Phase 1,937 903 2,840 7. Hydro- Excavation (allowance) 10,229 4,771 15,000 Sub -Total Additional Services Fees $93,674 $57,049 $150,723 Total Fee $254,477 $132,040 $386,517 The estimated cost of construction for County Road 52 from County Road 69 to US 77 is $1,920,000 and $640,000 for County Road 69 from County Road 52 to FM 624 for a total construction cost of $2,560,000. The total basic services fee proposal for this project is $235,794 for both County Road 52 and County Road 69. Therefore the percentage of basic services cost to construction cost is 9.21 %. -216- EXHIBIT "D" Page 2 of 2 \ Mproject\ councilexhibits \exh6471- 6507.dwg PROJECT #6471 SITE County Road 69 from County Road 52 to FM 624 PROJECT #6507 SITE County Road 52 from County Road 69 to US 77 LOCATION MAP NOT TO SCALE PROJECT #6471 & 6507 EXHIBIT "E" #6471 - County Road 69 from County Road 52 FM 624 (Bond 2008) #6507 - County Road 52 from County gad 69 to US 77 (Bond 2008) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 11/16/2009 IM=I MIN IIIMI IMO Page 1 of 2 ORDINANCE APPROPRIATING AN AMOUNT OF $1,200,000 IN ANTICIPATED REVENUES FROM NUECES COUNTY IN THE NO. 3530 STREET CIP FUND FOR THE JOINT PROJECT BETWEEN THE CITY AND NUECES COUNTY TO WIDEN AND MAKE CERTAIN IMPROVEMENTS TO COUNTY ROAD 52 KNOWN AS THE COUNTY ROAD 52 (FROM COUNTY ROAD 69 TO US 77) PROJECT; CHANGING THE FY 2008- 2009 CAPITAL IMPROVEMENT BUDGET ADOPTED BY ORDINANCE NO. 028006 TO INCREASE APPROPRIATIONS BY $1,200,000; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $1,200,000 in anticipated revenues from Nueces County is appropriated in the No. 3530 Street CIP Fund for the joint project between the City and Nueces County to widen and make certain improvements to County Road 52 known as the County Road 52 (from County Road 69 to US 77) Project. SECTION 2. The FY 2008 -2009 Capital Improvement Budget adopted by Ordinance No. 028006 is changed to increase appropriations by $1,200,000. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 15th of December, 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form: 09- Dec -09 r Veronica Ocanas Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor H :\LEG- DIR \VeronicaO \1.ENG \1 AGENDA I T E g9 \121509 \121509 ORD Approp $1,200,000 anticipated rev for CR52 Project.doc [ 1 Page 2 of 2 Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott H: \LEG- DIR \Veronica0 \1.ENG \1 AGENDA IT E 1V S)0\121509 \121509 ORD Approp $1,200,000 anticipated rev for CR52 Project.doc L 1 15 1st Reading — 12/08/09 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 15, 2009 AGENDA ITEM: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 36 regarding Adopt A Park Procedures, providing for penalties, and declaring an emergency. ISSUE: Numerous citizens and groups have offered to provide time and assistance to care for our City parks. This ordinance will allow the Parks and Recreation Department to work more closely with community organizations and individuals that wish to assist with general park maintenance, trash control, and park improvements. These activities will foster community pride through citizen partnership. Additionally, these activities will encourage involvement with other park improvements that require fundraising and community participation. The Parks and Recreation Advisory Committee approved the establishment of the program and supporting ordinance during its November 11, 2009 meeting. REQUIRED COUNCIL ACTION: Council must approve the ordinance for staff to implement the program. PREVIOUS COUNCIL ACTION: A similar program was approved by Council for Adopt A Spot administered through the Traffic Engineering Department. CONCLUSION AND RECOMMENDATION: Staff requests Council's approval to offer citizens the opportunity to partner with staff to improve community parks. Stacie A. Talbert, Interim Director Parks and Recreation Department 826 -3476 stacietacctexas. com BACKGROUND INFORMATION The Adopt a Park program will compliment the Adopt A Spot program administered by the Traffic Engineering Department. Historically and currently, citizens have requested improvements to their parks. This ordinance will allow the Parks and Recreation Department to work more closely with community organizations to assist with park general maintenance of landscape and trash control. The Parks and Recreation Department has a history of working with citizens on special park projects. Development of guidelines for this program will provide a better understanding of responsibilities for more long term activities, and more efficient staff work. Additionally, development of administration forms will document these partnership benefits and the calculation of volunteer hours for inclusion on grant applications. The Parks and Recreation Advisory Committee approved the establishment of the program and supporting ordinance during its November 11, 2009 meeting. Proposed Amendment: SECTION 1. Chapter 36 of the City of Corpus Christi Code of Ordinances, Parks, Recreation, Cultural and Leisure Time Activities is amended by adding new section 36 -12 to read as follows: "Sec. 36 -12. Procedures for adopting a park for landscaping or litter abatement by volunteer organizations. "The following procedures and guidelines are established for adopting a public park within the city for the purpose of landscaping and litter cleanup by a volunteer organization: "(1) Any volunteer organization desiring to adopt a section of a public park to assist with landscaping, litter cleanup, and /or park improvements such as benches, payscape and other park amenities, shall file an application with the city director of parks and recreation in writing. "(2) The application shall contain an accurate description of the location of the public park for which the volunteer organization wishes to spot landscape or clear litter, and the exact nature or work planned. "(3) Upon receipt of the application, the city director of parks and recreation shall present it to the director of engineering, and the safety and risk manager to request concurrence with the planned work. "(4) On determination that all those named in subsection (3) are in agreement to the volunteer organization's request, the city director of parks and recreation shall issue a permit to the volunteer organization to perform the approved work. The adoption period shall be one (1) year, and it is requested that there be a general cleanup effort a minimum of four (4) times during the adoption period at regular intervals. "(5) The volunteer organization shall conduct a safety meeting with its volunteers prior to each work cycle, with a representative of the city parks and recreation department. "(6) Use of motor - driven equipment must be reviewed and approved by the city director of parks and recreation prior to planned use. "(7) Project identification signs will be provided and installed by the city department of parks and recreation and will remain in place through the duration of the project adoption period. "(8) Trash sacks will be furnished by the city, and will be removed from the street section and transported to waste sites by the city. "(9) The volunteer organization shall be responsible for furnishing adequate adult supervision for participants of a group wk2ar4.sixteen (16) years of age or younger, at the ratio of one (1) adult per five (5) participants under the aqe of sixteen (16)." 1 ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 36 REGARDING ADOPT A PARK PROCEDURES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 36 of the City of Corpus Christi Code of Ordinances, Parks, Recreation, Cultural and Leisure Time Activities is amended by adding new section 36 -12 to read as follows: "Sec. 36 -12. Procedures for adopting a park for landscaping_or litter abatement by volunteer organizations. "The following procedures and guidelines are established for adopting a public park within the city for the purpose of landscaping and litter cleanup by a volunteer organization: "(1) Any volunteer organization desiring to adopt a section of a public park to assist with landscaping, litter cleanup, and /or park improvements such as benches, playscape and other park amenities, shall file an application with the city director of parks and recreation in writing. "(2) The application shall contain an accurate description of the location of the public park for which the volunteer organization wishes to spot landscape or clear litter, and the exact nature or work planned. "(3) Upon receipt of the application, the city director of parks and recreation shall present it to the director of engineering, and the safety and risk manager to request concurrence with the planned work. "(4) On determination that all those named in subsection (3) are in agreement to the volunteer organization's request, the city director of parks and recreation shall issue a permit to the volunteer organization to perform the approved work. The adoption period shall be one (1) year, and it is requested that there be a general cleanup effort a minimum of four (4) times during the adoption period at regular intervals. "(5) The volunteer organization shall conduct a safety meeting with its volunteers prior to each work cycle, with a representative of the city parks and recreation department. "(6) Use of motor - driven equipment must be reviewed and approved by the city director of parks and recreation prior to planned use. "(7) Project identification signs will be provided and installed by the city department of parks and recreation and will remain in place through the duration of the project adoption period. "(8) Trash sacks will be furnished by the city, and will be removed from the street section and transported to waste sites by the city. "(9) The volunteer organization shall be responsible for furnishing adequate adult supervision for participants of a group who are sixteen (16) years of age or younger, at the ratio of one (1) adult per five (5) participants under the age of sixteen (16)." H: \LEG- DIR \Lisa\2009 Ordinance\Adopt a Park 91isiance OCT 16.DOC 2 SECTION 2. The effective date of this Ordinance shall be date of its final adoption by City Council. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Legal form approved De--t . By: '7 Lisa Aguilar, Interim City Attorney , 2009 H: \LEG- DIR \Lisa\2009 Ordinance\Adopt a Park Qrpce OCT 16.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 16 CITY COUNCIL AGENDA MEMORANDUM 1st Reading — 12/08/09 December 8, 2009 AGENDA ITEM: Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding public access rules and procedures, to renumber subsections; revising and updating subsection 1 rules and participation, subsection 2 technical standards and production requirements, subsection 3 how programs are scheduled and cablecast, subsection 4 defined terms, subsection 5 amendments to rules, subsection 6 violations of rules, providing for severance; providing for publication; and providing an effective date of February 1, 2010. ISSUE: Update to the Rules and Procedures for Public Access Cablecasting REQUIRED COUNCIL ACTION: Approval of the Ordinance. PREVIOUS COUNCIL ACTION: Minor updates to ordinance regarding acceptable media formats (DVDNHS) and program drop off times were done prior. No major update has occurred in several years. CONCLUSION AND RECOMMENDATION: App oval of the Ordinance. Kim Womack Director of Public Information Kimw @cctexas.com 826 -3211 BACKGROUND INFORMATION The Cable Communications Commission meets monthly and reviews compliance of established rules and procedures for public access programming. The Commission provides City Council recommendations regarding changes as necessary. The Public Information Office took over responsibilities for the Cable Communications Commission in the Fall of 2008 as the E-Govemment Department was transitioned into the Municipal Information Systems (MIS) department. In March of 2009, a subcommittee of the Cable Communications Commission began meeting with both Channel 10 and Channel 18 PAUG (Public Access Users Groups) to seek updates to Section 55 -443 of code governing the rules and procedures for public access cablecasting. During the process, both organizations were asked for recommended changes for the subcommittee to review. The meetings were open and resulted in an engaging dialogue regarding the proposed changes. Each rule and procedure was discussed and voted on in subcommittee before bringing recommendations to the Cable Communications Commission. The changes resulted in easier to read format and consistent guidelines for producers. On September 14, 2009 at a special called meeting of the Cable Communications Commission the group formally adopted the changes to the Rules and Procedures and requested they be forward to Time Warner and City Council for approval. Commissioners present and voting aye were Connie Gutierrez (Chairperson), Steve West (Vice Chairperson), Carolyn Moon (Commissioner) and Leo Estrada (Commissioner). Latrice Sellers (Commissioner) was absent. Time Warner was given 60 days to comment or take action regarding the proposed changes to the rules and procedures as required by the franchise agreement between the City of Corpus Christi and Time Warner Cable. No comments or changes were proposed by Time Wamer. The Cable Communication Commission suggested an effective date of February 1, 2010 at their last meeting on November 16, 2009 in order to allow for training regarding the changes for the public access producers. The revisions include: • renumbering sections • requiring producers to maintain a current address • provide that only one program may be recorded on media submitted • require PAUGs to submit weekly program log to cable operator and updated schedules to Cable Communications Commission • provide that commissioners attending a specific PAUG lottery may not be producers on that Public Access Channel • allow weekly shows to be repeated only once during the lottery period —232— • clarify acceptable types of media • revise definition of locally produced program • provide PAUG bylaw voting procedure • allow city - franchised cable operator to comment on rules and procedures • allow producers to respond to complaints via written response • require PAUG board or Cable Operator to submit program subject to alleged violation to commission for review at next meeting • provide that forfeit of time slot period lasts sixty days or until next lottery period, whichever is longer • provide process to appeal forfeiture of time slot for non - submission of program • state that producers may not deliver programs directly to cable operator • identify process for PAUG or producer complaints about cable operator • effective date of February 1, 2010 —233— MINUTES SPECIAL CABLE COMMUNICATIONS COMVIISSION MEETING September 14, 2009 PRESENT Chairperson Connie Gutierrez, Vice Chairperson Steve West, Commissioners Carolyn Moon, Leo Estrada ABSENT Commissioner Latrice Sellers City Staff Lisa Aguilar, Assistant City Attorney, Kim Womack and Andreina Keller, Public Information Office Ms. Gutierrez called the meeting to order at 5:40pm and verified the necessary quorum. DISCUSSION AND POSSIBLE ACTION REGARDING RULES AND PROCEDURES The commission began with Item B; the review and approval of producer application. Ms. Moon moved the application be accepted as written. Mr. Estrada seconded the motion and the motion passed with all voting aye. Next the commission moved on to Item A: Review and Approval of Rules and Procedures. The commission decided to go section by section to review the changes made and take any additional recommendations of changes to the document drafted by the subcommittee team. Ms. Sellers' recommended changes were brought to the commissioners along with Ms. Moon and Mr. Gordy's list of recommended changes. Section 55 -443: Ms. Moon moved that this section be approved as written. Mr. West seconded and all voted in favor with aye. Section 55 -444: Section 55 -444 (B) Mr. West moved that this be amended to read "No program shall be of a commercial nature as defined in Section 55- 447 ". Ms. Moon seconded and motion passed with a unanimous vote of aye. Section 55 -444 (C) Ms. Moon moved that this section be approved as written. Motion passed with unanimously with a vote of aye Section 55 -444 (D) Mr. West moved that this section be amended to read "No program shall be transmitted that contains copyrighted material for which proper written clearance or authorization has been obtained prior to being submitted for broadcast ". Motion passed with all in favor. Section 55 -444 (E), (F),(G),(H),(I): Ms. Moon moved that these sections be approved as written. Mr. West seconded. All voted in favor with aye. Section 55 -445: —234— Section 55 -445 (C.3): Mr. West moved that this section be amended to read "As technology changes and formats become more common in the consumer markets, formats may be changed to reflect current market use. The decision to add or delete formats will be made by the Cable Communications Commission based upon a request from a PAUG and/or the cable operator(s) ". Ms. Moon seconded; motion passed with all in favor. Section 55 -445 (D.): Mr. West moved that the section be amended to read as follows: (d) Labeling: All producers must clearly label their media as follows: (1) On face of the accepted media: a. Title of the program as it appears on the application. b. Production date. (2) On case or sleeve of accepted media: a. Name of individual producer as it appears on the application. b. Producer's telephone number and /or e -mail address. c. Length of program. d. Title of the program as it appears on the producer's application. (3) On the spine of the tape (only for grandfathered programs): a. Title of the program as it appears on the producer's application. Ms. Moon seconded the motion. All voted aye and the motion passed. Section 55 -445 (F.4): Ms. Moon recommended that this section be changed to read as "Only one program may be recorded on each media submitted" Section 55 -445 (G): Ms Moon recommended that this section be changed to read as "Programs on accepted media must be delivered to and picked up from the cable operators before 11:30 a.m. on the Wednesday prior to the cablecast schedule that begins the following Sunday. Holidays may require deadline adjustments ". Ms. Moon moved that Section 55 -445 E,FG,H be approved as amended. Mr. West seconded. Motion passed with a all voting aye. —235— Section 55 -446 Section 55 -446 (B): Ms. Moon recommended that this section read as "The PAUG receives and schedules programming submitted by series and occasional producers. The PAUG must provide schedules to cable operators and to the Cable Communications Commission whenever changes are made ". Mr. West moved that the section be approved as recommended. All voted in favor with aye. Section 55 -446 (C): Ms. Moon recommended that the section be modified to read as following "The PAUG for each channel conducts a biannual public access time slot lottery according to the rules and procedures, and uses those results to develop a public access schedule for that channel. Schedules may be modified as necessary ". Also the commission agreed that the format should be changed so that section (D) and (E) are not part of one paragraph. Ms. Moon moved that this section be approved as amended. Mr. West seconded; motion was passed with a unanimous aye. Section 55 -446 (E): Ms. Moon recommended that it be amended to read as "Each producer may have only one series ". Section 55 -446 (F): Ms. Moon recommended that the section be amended to read as "Only programs created by producers, as defined in section 55 -447, are eligible to participate in the semi - annual lotteries and to be transmitted as a public access program ". Mr. West moved that section F be accepted as amended. Mr. Estrada seconded; motion was passed with all voting aye. Section 55 -446 (G), (H), (I), (J), (K -K.5): Ms. Moon moved that the commission accept these sections as written. Mr. Estrada seconded and motion was passed with a unanimous vote of aye. Section 55 -446 (K.6): Ms. Moon moved that this section read as: After all producers have selected time slots for their first -run shows, producers of weekly programs requesting a repeat showing will then select their time slots for one repeat cablecast in same or reverse order as the initial time slots were selected Only one repeat is permitted. A program may be cablecast as an original and repeated once in the same lottery period in the producer's allotted time slot, but not in consecutive weeks or months (back -to- back). A program may be cablecast as an original and be repeated once in subsequent lottery periods ". Mr. West motioned that the section be approved as amended. Mr. Estrada seconded and the motion passed with a unanimous vote of aye. Section 55 -446 (K.7): Ms. Moon recommended that the section read as "Producers of monthly programs will have one original cablecast to be repeated each week in the same allotted time slot for the remainder of the month ". Mr. West motioned that this change be accepted as amended. Mr. Estrada seconded; motion passed with all voting aye. —236— Ms. Aguilar made some formatting changes in lettering as the letter (L) had been left out. Ms. Moon moved that Section 55 -446 (K.8) thru Section 55 -447 (B) be approved as written. Section 55 -447 Section 55 -447 (C): Ms Moon moved that this section be amended to read as follows: (c) Commercial programming — (1) Any programming which is cablecast for remuneration of any kind, whether directly or indirectly, or programming which includes, in whole or in part, content whether audio, video or text intended, directly or indirectly to promote any service or product is prohibited; or (2) Any programming which includes commercial advertising of any kind or that contains lottery or sweepstakes information. The Cable Communications Commission has approved a memo that establishes guidelines concerning the advertisement of commercial products or services in a public access program. Mr. Estrada seconded the motion; all voted in favor with aye. Section 55 -447 (D),(E),(F),(G), (H), (I): Minor formatting changes were made section E. Ms. Moon moved that these sections be approved as amended. Mr. West seconded; all voted in favor with aye. Section 55 -447 (J): Ms. Moon moved that this section read as "Public access time allocated schedule -- The block of time slots allocated to each public access channel that are available and allocated by lottery during the semi - annual time slot renewal period. The block of time will be determined by each PAUG by calculating the number of producers and programming hours for all shows including repeats. The intent is to develop a block of time slots that provide for consecutive programming, without gaps in the programming schedule ". Mr. Estrada seconded; all voted aye Section 55 -447 (K): Ms. Moon recommended that the first sentence of this section read as "Public Access User Group (PAUG) -- As set forth in the City Code of —237— Ordinances, section 2 -183, membership of the PAUG may be composed of any individual who is a resident of the city as well as representatives of community, public interest, or neighborhood groups." Ms. Moon motioned that sections 55 -447 (K), (I), (M), and (L) be accepted as amended. The commission voted aye in favor. Section 55 -448: Mr. West motioned that this section be accepted as written. Mr. Estrada seconded and the commission voted in favor with all voting aye. Section 555 -449: Section 55 -449 (B.1): Ms. Moon recommended that this section read as "If a producer and series has been removed for violations, that producer and series may not air as an occasional user during the removal period." Mr. West motioned to accept this section as amended. Ms. Moon seconded and the commission voted in favor with all voting aye. Section 55 -449 (B.2) and (B.3): Ms. Moon moved that these two sections be accepted as written. The commission voted in favor with all voting aye. Section 55 -449 (B.4): The commission edited this section as follows to make it easier to understand: (4) Producers will receive written notice of the complaint, dates of the next two Commission meetings, and a statement that failure to attend, send a representative, or provide a written statement of explanation will result in forfeiture of their time slots and the use of the public access channels for 60 days. (5) Producers will be informed in writing that three section 55 -444 violations within a six -month period will result in forfeiture of their time slots and the use of the public access channels for 60 days. (6) If a section 55 -444 violation is evident, that program media will be removed from airing and from repeat showing, and the media will be turned over to the Cable Communications Commission by the PAUG Board of Directors or cable operator for review and discussion with the producer at one of the next two scheduled Commission meetings. Producers must take corrective action on any —238— programs with rule violations before they can be submitted as a second original or repeat. . Ms. Moon moved that this section be approved as amended. Mr. Estrada seconded and the motion passed with all voting aye. Section 55 -449 (C.1): the commission worked together to revise this section to read as follows: (c). _ Forfeit of Use of Public Access Channels (1) At the lottery, PAUGs will establish a designated location for producers to deliver weekly and monthly media. (A) Media for the first program in a lottery period must be delivered to the designated location before 10:00 a.m. on the Wednesday before the first Sunday in the new lottery period. (B) Following the first media delivery of the lottery period, cut -off time for delivery of media for weekly programs is 10:00 a.m. on Wednesdays each week. (C) Cut -off time for delivery of media for monthly programs is 10:00 a.m. on the Wednesday before the first Sunday of each month. Ms. Moon moved that this section be accepted as amended. Mr. West seconded and the commission all voted aye. Section 55 -449 (C.2): Ms. Moon recommended that this section be changed to read as follows: PAUGs will maintain a schedule list that indicates delivery of media by producers. A monthly log of this schedules will be submitted to the Cable Communications Commission within the first seven days of each month. Included with the list will be a cover letter that lists the producers of weekly programs that failed to supply media for airing for four (4) consecutive weeks and producers of monthly programs that failed to supply media for airing for two (2) consecutive months. City staff will then send written notification to the producers who forfeit the use of the public access channels for failure to submit media. This notification will include the date of the next scheduled Cable Communications Commission meeting, at which time the producer may appeal the Commission's decision. The producer or a designated representative must appear at the next —239— Commission meeting or provide a written statement of explanation for their appeal to be reviewed. The Cable Communications Commission will review the monthly delivery logs at each Cable Communications Commission meeting and decide whether or not to remove producers who failed to submit media as required.. Mr. West moved to accept section 55 -449 C.2 as amended. The commission all voted aye in favor. Section 55 -449 (C.3): Ms. Moon recommended that the section be amended to read as "If a series producer fails to supply media on time for a weekly or monthly program, that program will not be aired that week or month. No late media will be accepted. Individual producers shall not deliver media to the cable operator." Ms. Moon moved to accept this section as amended. Mr. West seconded and all voted in favor with aye. Section 55 -449 (C.4): Ms. Moon recommended that the section read as "If a weekly series producer fails to supply media by the established time for four consecutive weeks, that producer and series will forfeit his/her time slots and the use of the public access channels for sixty days or until the end of lottery period whichever is longer. If a monthly series producer fails to supply media on time for two consecutive months, that producer and series will forfeit his/her time slots and the use of the public access channels for six months." Ms. Moon moved that this section be accepted as amended. Mr. West seconded and all voted in favor. Section 55 -445 thru the end of the proposed document: Ms. Moon moved that the commission accept as written. Mr. West seconded and all voted in favor. Ms. Gutierrez asked for any public comment. There were none to speak. ADJOURNMENT OF MEETING —Ms. Gutierrez adjourned the meeting at 7:05 p.m. —240— P.A.C. 10 Board of Directors Jack Gordy, President 361 - 793 - 8978 December 8, 2009 For the Mayor and Council Members; This is concerning item # 20 on the consent agenda. To avoid any confusion or misunderstanding when it comes to commercial advertising Section 55 -447 (c) (1) of the amended Rules and Procedures for Public Access Cablecasting needs to have two (2) words added. Without this change there will be confusion as to what can be said. As it reads now we cannot talk about city services, library services or services at the senior centers. It should read as follows: Any programming which is cablecast for remuneration of any kind, whether directly or indirectly, or programming which includes, in whole or in part, content whether audio, video or text intended, directly or indirectly to promote any commercial business, service or product is prohibited, or The only change is adding the two (2) words, Commercial Business. This is only common sense that these two words are needed. The intent or concept does not change. With Respect Jack Gordy As Amended on 1st Reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55 REGARDING PUBLIC ACCESS RULES AND PROCEDURES, TO RENUMBER SUBSECTIONS; REVISING AND UPDATING SUBSECTION 1 RULES FOR PARTICIPATION, SUBSECTION 2 TECHNICAL STANDARDS AND PRODUCTION REQUIREMENTS, SUBSECTION 3 HOW PROGRAMS ARE SCHEDULED AND CABLECAST, SUBSECTION 4 DEFINED TERMS, SUBSECTION 5 AMENDMENTS TO RULES, SUBSECTION 6 VIOLATIONS OF RULES, PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE OF FEBRUARY 1, 2010. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Rules and Procedures for Public Access Cablecasting found at Article XVIII of Chapter 55 of the Corpus Christi Code of Ordinances, are amended to read as follows: "Section 55 -443. RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING_ Channel space on public access channels is available free of charge to any adult resident of the City of Corpus Christi in accordance with the following rules and procedures, as adopted by the City Council of the City of Corpus Christi. Submitted programs on accepted media, as defined in section 1 Section 55 -447, will be cablecast by all franchised cable operators as provided in their respective franchises. Requests for live feeds may be made in accordance with rules adopted by the Cable Communications. Commission, with the consent of the cable operators. These rules may be amended by City Council following recommendation from the Cable Communications Commission and franchised cable operators in the City of Corpus Christi. Section 55 -444. Rules for participation. Producers must complete and sign an programming contract Application for Public Access Cablecastinq.- IR By signing the programming contract application, the producer warrants states and agrees that the following rules will be observed: (a)* All programs must be produced by a producer as defined in section 4 Section 55 -447. (b) = All programs shall not be commercial as defined in section 4. No program shall be of a commercial nature as defined in Section 55 -447. H: \LEG- DIR \Lisa\2009 Ordinance\PUBLIC ACCES8242ES AND PROCEDURES v9 December 2, 2009.DOC 2 (c) = No program shall be transmitted that requests contributions unless the solicitation is on behalf of an organization that has received tax exempt status under 501(c)(3) of the Internal Revenue Code or non - profit status in the state of Texas. Maximum time to request contributions in a program is five minutes. (d) _ No program shall be transmitted that contains copyrighted information for No program shall be transmitted that contains copyrighted material for which proper written clearance or authorization has rcpt been obtained prior to being submitted for broadcast. (e)- No program shall be transmitted that portrays any criminal act as being acceptable or condoned behavior. (f)' No program shall be transmitted which contains obscene or indecent material. (q) All programs must include proper program identification as defined in section 4 Section 55 -447. = All programs must be locally produced. In order to be classified as a locally produced program, the program must contain at least 25 per -cent locally produced original content. (1) Producer must maintain current home and mailing address with PAUG and notify PAUG of change within ten (10) working days of move. Except as otherwise permitted by applicable law, neither the access user grew PAUG nor the cable operators will restrict the content of any program. § 2 Section 55 -445 Technical standards and production requirements. (a) Programs submitted for cablecast must conform to the technical standards and production requirements established for cablecast by the FCC and City of Corpus Christi Public Access Rules. The programs shall not cause the cable operator to be out of compliance with any applicable FCC Technical Standards. (b) Quality: Programs must deliver, in good quality, clear audio and video throughout the entire length of the program. fciformat: Ma. Producers must transfer all other formats to 1/2" VHS (SP speed) cablccasting. programming to accepted media as defined by Section 55- 447(a). H: \LEG- DIR \Lisa\2009 Ordinance\PUBLIC ACCESS IJJS AND PROCEDURES v9 December 2, 2009.DOC 3 (2) b. All tapes must be rewound to beginning of tape. G. As flew technology changes and formats become more conventional common in the consumer markets, formats may be changed to reflect current market use. The decision to add or delete formats will be made by the Cable Communications Commission based upon a request from afl PAUG and /or the cable operator(s). jd�Labeling: All producers must clearly label accepted their media as follows: (1) On face of the accepted media: a. Title of the program as it appears on the application. b. Production date. (2) On face of accepted media and sleeve, box or case or sleeve of accepted media: a. Name of individual producer as it appears on the application. b. Producer's telephone number and /or e-mail address. c. Length of program. d. Title of the program as it appears on the producer's application. (2) On the spine of the tape (only for grandfathered programs): a. Title of the program as it appears on the producer's application. [jIdentification: a(1) . Programs must include the program identification as defined in section 4 Section 55 -447. jf.Length: ate. All one -hour programs must be 60 minutes in length, including the program identification. t3. All half -hour programs must be 30 minutes in length, including the program identification. o.g. Occasional programming beyond 60 minutes (such as high school sporting events) may be included pursuant to rules established by the Cable Communications Commission with consent of the cable operators. H:\LEG- DIR \Lisa\2009 Ordinance\PUBLIC ACCESSTLES AND PROCEDURES v9 December 2, 2009.DOC 4 (4). Only one program may be recorded on each media submitted. jgjDeadline: Programs on accepted media must be delivered to and picked up from the cable operators before 11:30 a.m. on the Wednesdays prior to the cablecast scheduled cablecast that begins the following Sunday. Holidays may require deadline adjustments. (h) A weekly loq of the schedule list that indicates delivery of media by the producers will be provided to the cable operator each week when the media is delivered to the Cable Operator. § 3 Section 55 -446 How programs are scheduled and cablecast. (a) Franchised cable operators provide playback of public access programming according to the schedule provided by the PAUG. (b) The PAUG receives and schedules programming submitted by series and occasional producers. and The PAUG must provides schedules to cable operators and to the Cable Communications Commmission whenever changes are made. (c) Public access for series producers. The PAUG for each channel conducts a biannual public access time slot lottery for each public access channel according to the rules and procedures, and uses those results to develop a public access schedule for each that channel_. Schedules may be modified as necessary. lotteries as they arc modified. (d) Time slots: Series programs are given a regular weekly or monthly time slot. Time slots are awarded during the semi - annual time slot lottery. Conflicts on requests for time slots will be submitted to the Cable Communications Commission for arbitration. (e) Each producer may have only one series, not to exceed one hour per week, 3, Lotteries and ScheduleG. (f) Only programs created by a producers, as defined in section 1 section 55 -447, are eligible to participate in the semi - annual lotteries and arc eligible to be transmitted as a public access program. (g) Application: No later than the flight time of the bi- annual time slot lottery each producer must submit a completed public access cablecasting application form approved by the Cable Communications Commission to their respective anus users group PAUG laBoard of 8Directors. If either home or mailing address should change for any reason, producer shall H: \LEG- DIR \Lisa\2009 Ordinance \PUBLIC ACCESS P . J4. S AND PROCEDURES v9 December 2, 2009.DOC 5 update within ten (10) working days of change in address, with the correct home and mailing address. Failure to comply can be grounds for removal from the Public Access Channels by the Cable Communications Commission for the remainder of the lottery period. (h) The PAUG Board of Directors will provide copies of applications to the Cable Operators and to the Cable Communications Commission no later than two weeks after the time slot lottery is conducted. (i) Access channel (10 or 18) (Note: An individual producer must select one channel for cablecasting of both first -run and repeat showings. Programs cannot be run on both channels.) jiLLotteries and schedules: There are two lottery periods. The spring lottery period begins the first Sunday in June through the day preceding the first Sunday in December. The fall lottery period begins the first Sunday in December through the day preceding the first Sunday in June. (k) Producers will attend the time slot lottery as noted in a: (1) and b- (2) below. Two Cable Communications Commissioners who are not producers for the PAUG conducting the lottery will attend each lottery. _Lotteries will be conducted as follows: a.(1) The spring lottery is conducted in the last seven days of April with the new time slots actually beginning on the first Sunday in June. The PAUG Board of Directors shall determine the day and time of the lottery. b-(2) The fall lottery is conducted in the last seven days of October with the new time slots actually beginning on the first Sunday in December, The PAUG Board of Directors shall determine the day and time of the lottery. (3) The public access time schedule will be broken into 30- minute intervals. issued. Each producer will randomly draw a lottery number. (5) The selection numbcrs will be determined by random scicction. The lowest number will have the first choice of time slots and continuing until all numbers drawn have picked their first time slot. (6) Based on selection numbers, each producer, one by one, selects an available time slot. (6) After all producers have selected time slots for their first -run shows, producers of weekly programs requesting a repeat showing will then select their time slots for one repeat cablecast in same or reverse order as the initial time slots were selected, not to exceed one repeat per show. Only one repeat is H: \LEG- DIR \Lisa\2009 Ordinance\PUBLIC ACCESS 1 ES AND PROCEDURES v9 December 2, 2009.DOC 6 permitted. A program may be cablecast as an original and repeated twice once in the same lottery period in the producer's allotted time slot, but not in consecutive weeks or months (back -to- back). A program may be cablecast as an original and be repeated once in subsequent lottery periods. {4-(7) Producers of monthly programs will have one original cablecast an. three repeats to be repeated each week in the same allotted time slot for the remainder of the month. each -men th ¢.-(8) One lottery will be executed for Channel 10 by the Channel 10 acct user group PAUG and one lottery executed for Channel 18 by the Channel 18 access user group PAUG. Q.Public access for occasional producers. Single time slots of lengths as noted above in section 2, 55 -445 Length, will be available for occasional producers on a first -come, first - served basis. Occasional producers must complete a public access cablecasting application no later than two weeks prior to the desired cablecasting date and comply with all rules set forth herein. (m) First -come, first - served is determined upon receipt of completed application by the PAUG secretary member of PAUG Board of Directors. (n) No programs will be scheduled during holidays, unless automated programming allows as determined by cable operator. §-4 Section 55 -447 Defined terms. (a) Accepted Media -- A recorded program on accepted media produced by a public access producer and submitted for cablecasting on public access channels. The term "accepted media" refers to 1/2" VHS (SP Speed), Super ats-wh nay-be .(1) Audio video CD MPEG -2 (with playback standard screen size 720 x 480 and 60 fields per second, audio level 3). (2) DVD + R MPEG -2 (with playback standard screen size 720 x 480 and 60 fields per second, audio level 3). Producers grandfathered by the Cable Communications Commission via Resolution approved July 21, 2008 are exempt from this provision, and may continue to submit programs in same formats they were using as of July 1. 2008. Any grandfathered producer that ceases to submit programming for minimum of ninety (90) days loses grandfather status. (b) Cable Communications Commission -- The Cable Communications Commission consists of five residents of the city appointed by the City Council. The Cable Communications Commission administers the process for complaints regarding the Rules and Procedures for Public Access Cablecasting. The Cable Communications Commission mediates any disputes brought to it by the PAUG. H: \LEG- DIR\Lisa\2009 Ordinance \PUBLIC ACCESS RIJOS AND PROCEDURES v9 December 2, 2009.DOC 7 (c) Commercial programming — (1) Any programming which is cablecast for remuneration of any kind, whether directly or indirectly, or programming which includes, in whole or in part, content whether audio, video or text intended, directly or indirectly to promote any commercial business, service; or product is prohibited; or (2) Any programming which includes commercial advertising of any kind; or that contains lottery or sweepstakes information. The Cable Communications Commission has established approved a memo that establishes guidelines concerning the advertisement of commercial products or services in an public access program. (d) Complaints -- Communication to the Cable Communications Commission regarding violation of Rules and Procedures for Public Access Cablecasting. Office or through an online form at www.cctexas.comlcccicomplaint. (e) Holidays -- Martin Luther King, Jr. Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas, and New Year's Day. (f) Locally produced programming -- means programs produced in the Corpus Christi region by produccrs as defined in this section programming created in the Corpus Christi region, or pertaining to locally specific issues, or pertaining to local residents.. (g) Producer -- Any resident of Corpus Christi, 18 years of age or older, who has proof of residency which must include a local street residence address, a local contact telephone number and valid identification (such as a driver's license). A producer must pay any fees required by the access user group PAUG and must execute an approved program contract application form. A producer, by way of definition, is an individual who meets the above stated requirements and participates in or is responsible for the creation of a local, non commercial program for the public access channels. If the local, non commercial program is created by a local organization, such as a church, one person who meets the above requirements must be designated as the producer and will represent the organization with the access user group PAUG. For identification purposes, this person's name will appear on program identification, either video or audio, and printed on labels. (h) Program identification -- The tag at the beginning of the program must bear the producer name, and title of program as it appears on the producer application and the production date. The tag must appear for at least ten seconds, in the audio or video at the beginning of each program, or within the first 30 seconds. A tag at the end of the program is optional. 1 H: \LEG- DIR \Lisa12009 Ordinance \PUBLIC ACCESSES AND PROCEDURES v10 December9, 2009.DOC 8 (i) Public access channel (sometimes herein "channel ") -- This is the cable television channel or channels on which public access programs are cablecastT (j) Public access time allocated schedule -- The block of time slots allocated to each public access channel that are available and are allocated by lottery during the semi - annual time slot renewal period. The block of time will be determined by each PAUG by calculating the number of producers and programming hours for all shows including repeats. The intent is to develop a block of time slots that provide for consecutive programming, without gaps in the programming schedule. (k) Public Access User Group (PAUG) -- As set forth in the City Code of Ordinances, section 2 -183, membership of the access user group PAUG may be composed of any individuals who are is a residents of the city as well as representatives of community, public interest, or neighborhood groups.; Notwithstanding any other provision, representatives of the cable operator may be members of the access user group PAUG. Access user groups PAUGs are organized separately and independently from the city and are not boards, commissions, committees or any other subdivision of the city. Each public access channel must establish an access user group a PAUG. All user groups, PAUGs by application to the Cable Communications Commission and the City Secretary, must be certified by the Cable Communications Commission. Producers organize themselves according to by-laws by -laws, electing among themselves officers and a bBoard of d-Directors. Each producer present is entitled to vote on all matters pertaining to establishment of access user group PAUG bylaws and election of officers. (1) Repeat program -- A program which was previously aired on any public access channel during the same lottery period. Semi annual time slot renewal period A period beg -in -Ring April and October of (m) Series -- A locally produced public access show from a single producer. A series can be either weekly or monthly. §-5 Section 55 -448 Amendments to rules and procedures for public access cablecasting. These rules may be amended by City Council following recommendation from the Cable Communications Commission or City franchised cable operators in the city. The city shall give any City franchised cable operator 60 days! written notice of any proposed amendment to the rules and procedures for public access cablecasting. In the event that a cable operator objects in writing, the city and the cable operator shall thereafter meet and negotiate an amendment reasonably 1 H: \LEG- DIR \Lisa\2009 Ordinance \PUBLIC ACCESS Nis AND PROCEDURES v9 December 2, 2009.DOC 9 acceptable to all parties. In no event shall any amendment imposing greater obligations or restricting the rights of any cable operator become effective without the written consent of that cable operator. §-6 Section 55 -449 Violation of rules. (a) Producers must follow all Rules and Procedures for Public Access Cablecasting. (1) If a producer and series has been removed for violations, that producer and series may not air as an occasional user during the removal period. (2) A producer may appeal decisions of the Cable Communications Commission to the City Council by submitting a sworn written notice of appeal to the City Secretary within 30 days of the rendition of the Commission decision. a f j Violations of Section 1 Section 55 -444. (1) No program will be permitted to air over the public access channels if a producer or program violates has violated one or more of the rules identified in section 1 section 55 -444. (2) It shall be the responsibility of the PAUG Board of Directors to periodically monitor the programs that are aired on Public Access Television and to report any and all section 55 -444 violations that are observed, to the Cable Communications Commission, using the appropriate form and procedures set forth herein. (3) Complaints about violations of Section 1 Section 55 -444 rules must be submitted to the Cable Communications Commission. Complaints must be submitted to the Commission in writing to the City Secretary's Office or through an online form at www.cctexas.com /ccc /complaint. - (4) Producers alse -will receive written notice of the complaint, dates of the next two Commission meetings, and a statement that failure to attend, Of send a representative, or provide a written statement of explanation will result in forfeiture of their time slots and the use of the public access channels -use for 60 days. (5) Also, laProducers will be informed in writing that three section 1 section 55 -444 violations within a six -month period will result in forfeiture of their time slots and the use of the public access channels public access channcl use for 60 days. (6) If a section lsection 55 -444 violation is evident, that program media will be removed from airing and from repeat showing, and the media will be turned over H: \LEG- DIR \Lisa\2009 Ordinance\PUBLIC ACCESS ..gbES AND PROCEDURES v9 December 2, 2009.DOC 10 to the Cable Communications Commission by the PAUG Board of Directors or cable operator for review and discussion with the producer at one of the next two scheduled Commission meetings. Producers must take corrective action on any programs with rule violations before they can be submitted as a second original or repeat. Upon notification of a complaint, the producer, or a representative, must attend one of the next two regularly scheduled Cable Communicatiees Commission meetings to discuss the violation. OS scheduled meetings, the producer and the series will be removed for 60 days. for three section 1 violations during a six month period. L1b. Forfeit of Use of Public Access Channels (1) e ee - -- -- - . _ - - _ - At the lottery, PAUGs will establish a designated location for producers to deliver weekly and monthly media. (A) Media for the first program in a lottery period must be delivered to the designated location before 10:00 a.m. on the Wednesday before the first Sunday in the new lottery period. (B) Following the first media delivery of the lottery period, cut -off time for delivery of media for weekly programs is 10:00 a.m. on Wednesdays each week. (C) Cut -off time for delivery of media for monthly programs is 10:00 a.m. on the Wednesday before the first Sunday of each month. (2) PAUGs will maintain a schedule list that indicates delivery of medial by producers. A monthly log of these this schedules will be submitted to the Cable Communications Commission by noon on the second Monday within the first seven days of each month. Included with the list will be a cover letter that lists the producers of weekly programs that failed to supply media for airing for four (4) consecutive weeks and producers of monthly programs that failed to supply media for airing for two (2) consecutive months. City staff will then send written notification to the producers who forfeit the use of the public access channels for failure to submit media. This notification will include the date of the next scheduled Cable Communications Commission meeting, at which time the producer may appeal the Commission's decision. The producer or a designated representative must appear at the next Commission meeting or provide a written statement of explanation for their appeal to be reviewed. The Cable Communications Commission will review the monthly delivery logs at each Cable Communications Commission meeting and decide whether or not to remove producers who failed to submit media as required.. H: \LEG- DIR\Lisa\2009 Ordinance\PUBLIC ACCESS P S AND PROCEDURES v9 December 2, 2009.DOC 11 (3) If a series producer fails to supply media on time for a weekly or monthly program, that program and series will not be aired that week or month. _No late media will be accepted. Individual producers shall not deliver media to the cable operator. (4) If a weekly series producer fails to supply media by the established time for four consecutive weeks, that producer and series will forfeit the use of his /her time slots and the use of the public access channels is access channels for - - - - - _ - . • - : - _ e sixty days or until the end of lottery period whichever is longer. If a monthly series producer fails to supply media on time for two consecutive months, that producer and series will forfeit the use of his /her time slots and the use of the public access channels public access channels for the remainder of that lottery period six months. ission meeting and send written notificaton to producers who forfeit the use of public This notification will includc the date to be reviewed. (d) Violations of Section 2 55- 445 - Violations Franchised cable operators may submit complaints for violations of Section 3 55- 445 violations to the Cable Communications Commission to be placed on the Commission meeting agenda for discussion. djej. Violations of Section 3 55- 446 - Violations Complaints for violations of Section 3 55 -446 violations may be submitted to the Cable Communications Commission. The Commission will notify the appropriate PAUG of any complaints and schedule a discussion with the PAUG president and the complaining party at the next scheduled Commission meeting._ e. a. Complaints about Cable Operators If a producer or the PAUG Board of Directors has a complaint regarding a Cable Operator, that complaint shall be submitted in writing, within five (5) working days, from a producer to the PAUG Board of Directors and then from the PAUG Board of Directors to the Cable Operator, with a copy to the Cable Communications Commission, within five (5) working days. The Cable Operator H: \LEG- DIR \Lisa\2009 Ordinance\PUBLIC ACCESS Nip AND PROCEDURES v9 December 2, 2009.DOC 12 shall respond in writing to the PAUG Board of Directors, with a copy to the Cable Communications Commission, within five (5) working days. If a complaint is not resolved, the producer or the PAUG Board of Directors shall submit the complaint in writing to the Cable Communications Commission, and the item shall be placed on the agenda for discussion at the next scheduled Cable Communications Commission meeting." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. This ordinance takes effect on February 1, 2010. H: \LEG- DIR \Lisa\2009 Ordinance \PUBLIC ACCESS S. AND PROCEDURES v9 December 2, 2009.DOC 13 That the foregoing ordinance was re reading on this the 5 "7" day of Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick for the first time and passed to its second 2009, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 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: December 2, 2009 By: 4v Lisa Aguilar, Interim Attorney Joe Adame Mayor 1 H:\LEG- DIR \Lisa\2009 Ordinance\PUBLIC ACCESS.'ES AND PROCEDURES v9 December 2, 2009.DOC 17 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: December 15, 2009 A: Motion to amend Ordinance prior to Second Reading to abandon and vacate a portion of Resaca Street public right -of -way by revising the area of the property from an 82,830- square -foot portion to an 73,830 - square -foot portion of Resaca Street right -of -way, the revised area being property shown on the attached survey and more particularly described in the attached metes and bounds (attachment — Exhibit for Resaca Street). B: Ordinance abandoning and vacating a 73,830- square -foot portion of Resaca Street public right -of -way lying adjacent to Sam Rankin Street and west of North Tancahua Street (as shown on the attached survey and more particularly described in the attached metes and bounds), subject to compliance with the specified conditions. ISSUE: The City of Corpus Christi, is requesting the abandonment and vacation of a portion of the Resaca Street public right -of -way, located adjacent to Sam Rankin Street and west of North Tancahua Street, in association with the Broadway Wastewater Treatment Plant re- construction project. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of street rights -of -way. City Code requires a public hearing prior to the vacating and abandonment of any street rights -of -way. PRIOR COUNCIL ACTION: December 16, 2008 - City Council approved Resolution No. 027997 which authorized a Right -of -Way Agreement between the City and the Port of Corpus Christi, permitting the exchange of real estate rights needed by each party through the process of vacating and abandoning, granting, selling or other means, to convey these rights to each other. IMPLEMENTATION SCHEDULE: Upon approval by Council and issuance of the ordinance, all grants of street closures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up -to -date survey, abstracted for all public rights -of -way, easements, and items of record, must be submitted to the Assistant City Manager of Development Services. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit Exhibit Exhibit Exhibit A - Background Information B - Ordinance C - Site Location Map D — Resolution No. 027997 -257- lEatk Juan Perales, Jr., P.E. ACM of Development Services Phone: (361) 826 -3828 e -mail: johnnyp@cctexas.com AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The City of Corpus Christi, is requesting the abandonment and vacation of a 73,830- square -foot portion of the Resaca Street public right -of -way lying adjacent to Sam Rankin Street and 150 linear feet west of North Tancahua Street. The public street right -of -way to be abandoned and vacated is located in an "1 -3" Heavy Industrial District. The City of Corpus Christi along with the Port of Corpus Christi Authority (POCCA) are the adjacent property owners to the portion of Resaca Street, from Sam Rankin Street to 150 linear feet west of North Tancahua Street. On December 16, 2008, City Council approved Resolution No. 027997 which authorized a Right -of -Way Agreement between the City and the Port of Corpus Christi. This agreement permitted the exchange of real estate rights needed by each party through the process of vacating and abandoning, granting, selling or other means, to convey these rights to each other. As part of the abandoning and vacating of the public street right -of -way, the City of Corpus Christi will be acquiring some property from the Port of Corpus Christi Authority (POCCA) for a 30 -foot wide sanitary sewer easement in association with the Broadway Wastewater Treatment Plant re- construction project. The City of Corpus Christi as part of the agreement made with POCCA, will be retaining POCCA's entire north portion of the Resaca Street public right -of -way. The City has acquired a portion of the North Port Avenue public street right -of -way from POCCA, as part of the street widening project of North Port Avenue, from the Interstate 37 public right -of -way, north to Whataburger Field. A condition of the agreement was for the Port of Corpus Christi to convey real estate rights of the north one -half of Resaca Street from North Tancahua Street to Sam Rankin Street (36,915 s.f.). The City will initiate the vacating and abandonment of the entire 60 feet (60') of Resaca Street. Upon vacating, the north one -half of the street will be conveyed to the Port and the south one -half to the City. Once the entire right -of -way is vacated and abandoned by the City Council, after a pubic hearing, and said right -of -way is maintained as a utility easement the Port will convey fee simple title to the City, via Quit Claim Deed, to the north one half of Resaca Street. A Transportation Advisory Committee (TAC) meeting was held on Monday, November 23, 2009, at 2:30 p.m., in the City Council Chambers to discuss the proposed street closure. The proposed street closure was endorsed by the Transportation Advisory Committee. (see Exhibit D) All public and franchised utilities were contacted regarding this closure request and no objections were received by any of the public or franchised utility companies. The City Water, Wastewater, and Gas Departments all have existing utilities within the said portion of the Resaca Street public right —of-way to be abandoned and vacated and are requiring that the entire public right -of -way be retained as a utility easement. AEP, and TimeWarner Cable also have existing utilities within the said portion of the Resaca Street public right -of -way to be abandoned and vacated and are requiring that the entire public right -of -way be retained as a utility easement. None of the other public or private departments or utility companies had any objection. Staff recommends the abandonment and vacating of the Resaca Street public right -of -way. The City of Corpus Christi and the Port of Corpus Christi Authority will be exchanging real estate property that will off-set part of the fair market value fee being assessed to the proposed public street right -of -way (Resaca Street) being proposed for closure. As a condition of the Resaca Street public right -of -way closure, the Owners within 180 days of adoption of the ordinance will be required to record all grants of street closures and dedications in the real property Map Records of Nueces County, Texas. The Owners have been advised of and concur with the conditions of the right -of -way abandonment. EXHIBIT A -258- Right-of-Way Agreemert THE STATE OF TEXAS § BY THIS AGREEMENT COUNTY OF NUECES § The City of Corpus Christi, ( "City, "), whose address is 1201 Leopard, Corpus Christi, Nueces County, Texas, 78401, and the Port of Corpus Christi Authority, ( "Port"), whose address is 222 Power Street, Corpus Christi, Nueces County, Texas 78401, mutually agree to enter into a Right -of- Way Agreement, ( "Agreement "); for the purpose of exchanging real estate rights needed by each party through the process of vacating and abandoning, granting, selling or other means, to convey these rights to each other. THEFEFORE, THE CITY AND THE PORT AGREE AS FOLLOWS: 1. The City shall vacate and abandon certain road right of ways to the Port as follows: 1. 408,026.52 square feet of Navigation Boulevard as shown on the attached Exhibit A. 2. 16,901.28 square feet of Sigmor Street as shown on the attached Exhibit B. 3. 16,727.04 square feet of Texaco Street as shown on the attached Exhibit C. 4. 54,362.88 square feet of Avenue F as shown on the attached Exhibit D. The City makes no warranty as to the title of the rights -of -way and shall convey these rights by a Quit Claim Deed to the Port using a document similar to the attached Exhibit E. The City may retain a Utility Easement upon the entire area of each parcel of land that is vacated and abandoned. 2. The Port shall convey real estate rights and pay cash compensation to the City as follows: 1. Fee simple rights to 1,757 square feet of N. Port Avenue, as shown on the attached Exhibit F. The Port shall execute a Real Estate Sales Contract and a Warranty Deed to the City, acceptable to the City. 2. A Sanitary Sewer Easement, out of Blocks 64, 65, 66, and 67, Beach Portion, containing 37,050 square feet, similar to the attached Exhibit G. 3. Fee simple right to 41,400 square feet, being the north one half of Resaca Street as shown on the attached Exhibit H. The City shall initiate the vacating and abandonment of the entire sixty feet (60') of Resaca Street. Upon vacating, the north one -half of thaffeerniust be conveyed to the Port and the south one half to the City. Once the entire right -of -way is vacated and abandoned by the City Council, after a public hearing, the Port shall subsequently convey fee simple title to the City, via Quit Claim Deed, to the north one half of Resaca Street. 4. In addition, the Port shall present cash payment to the City in the amount of $55,300. 2008 -410 12/16/08 Res, 027997 Port of Corpus Christi Authority nrsWavigaeonBlvd.ROWV &A Agreementdoc -259- 3. Subject to the performance by both parties of their respective obligations and the satisfaction of all conditions set forth in this Agreement, all transactions contained in this Agreement must be closed within 180 days after execution of the Agreement. 4. It is understood and agreed that either the City or the Port may perform or cause to be performed an environmental audit, including "all appropriate inquiry" as term is used in the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Sec. 9601(35) (B), and that the time required for the audit may cause a delay in closing and the results of the audit may cause a cancellation of this Agreement. In this connection, City and Port grants access to their property for due diligence and inspection purposes. Each party warrants to the other party that they have disclosed, before the closing of this Agreement, all relevant information known to exist by each party. 5. The City and the Port each accepts title to their Property subject to all recorded restrictive covenants, use restrictions, and all applicable City zoning regulatory ordinances, if any. 6 This Agreement survives the vacating and abandonment process and the delivery of deeds, easements, and other necessary documents, and all teams and conditions remain in effect between the City and the Port. 7. The City and the Port are exchanging surface rights only. No mineral rights are included in this exchange, with each property subject to existing mineral exploration and extraction rights assigned to other parties. 8. Time is of the essence in connection with this agreement. Executed in duplicate this Port of Corpus By: Name: Title: Date: date of DQ(iA l'YI C>�t , 2008. 6_xtacil Ue, bi,G£Ci'D!2 nEC 09 MB , 2008 ' . �I AUTHORtxf.D SY COtJNCtL ..,_tom. 41.0..0.. SECRETARY City of CoWus Christi By: Nam Title: ld 'R. Escobar Date: Lee.filk 6 tc , 2008 Approved as to legal form: Mary Kay Fischer City Attorney By: ca cams Assistan City Attorney C: WOCUME- 1W DM[ N1- 11L. OCALS- 1\Temp\XPgfpwiselNavigationBlvd .ROW- V&AAgieementdoc ATTEST. Page 2 of 2 -260- ARMANDO CHAPA CRY SECrRErAFN ....�.. r_eersr PROPOSED CITY 11.0.W. CLOSURE 1_1110Mon.1_10_11.1 f.".. g MILS; 1. BEARINGS ARE BASED ON FPS KAMM. NAD ..7EXAS SCU1H 20NE. PCCA MONUMENT 'ENTER-2 . PCCA BRASS 25T LocATED ON TNE NORTH EN) OF 114E REST OBVERT ON AVENUE 29r NORTH OF mitaior: 2. YAP TO ACCOMPANY OIES BEING A 5.357 ACRE TRACT. CURRENTLY ALL PORTIONS vD.VATHIN CITY WATTS TO BE CLOSED. •*:ceN0 -t.- • .• dr,. Z.; e . ........ . -Avat-.A1-KANCO,k POCA PRQJ. p7-1134C OK JOB .02024-7 MI DA1[ Mow 2 3 4 7, !Ior Or CORPUS CHRISTI AUTHORITY CITY R.O.W. CLOSURE th NAVIGATION BLVD. r amit. 200e RIGHT OF WAY r- 1" 4 GRAMM IDLE Pe WON IMIENCEMAL WOO DOM= e•••• f-... F.:., D I i : c• i..! :::: : :::: -:- ! I/ / 2.1 ...11 N 88'48'17" 60.00' an WITS N 0118'42" W 281.73' S B8'41'18" W 60.00" ---------------- NAVIGATION MBES: 1. BEARINGS ARE BASED ON CPS BEAR11403,_NAD 27,_,EXAS SOUTH 20/4E. PCCA MONUMENT 'EmEn-r. PCCA BRASS DISK LOCAXO ON THE NORM END CF TNE PEST CULVERT CO AVENUE r..017 NORTH OF NAVIGATION BM VliAt 109alfrifiRDeEe18 tE0ille ACRE TRACT. CURRENTLY 2. 624:2-.44ftti:7 * 7.; .... • ." .• ..• .... . • Zr.Wite-.84 ••• • ••• 0. • • 1,"Niv ••■•?;4..' • Wow" a 15 1 2 3 4 1 7 PcC1 PR0.L)/O7-034C -***- • •••. •••• ••••• E..! LIAM ENTER-2 DISK— \ S 0118'42" E 281.61' D ••••• C R P f.73 C; HRISTi POINT OF BEGINNING N 20141'15 E 2400110' BOULEVARD LERIGO; rz PROPOSED COUNTY R.O.W. CLOSURE PROPOSED CITY R.O.W. CLOSURE RVE Xe P2024-7 M _D. 1.10 N SIGMOR ROAD r MAR. 200i dtb RIGHT OF WAY r- 3 GROW ICALE tar %a.. %or. : : %.e ••••• : : : C.% N 13848.17 E V ENTER-2 DISK 60.00' N 011842" W 278.70' D' • • t • • • S 884118" W 60.00" — NAVIGATION SOULE/AFC PONT OF BEGINNING araVier E 909.65' IMES: 1. BEARINGS ARE BOED ON FPS BEARINGS, NAD 27.__ TH TEXAS SOU ZONE PCCA MONUMENT -ENTER-2 PCCA BRASS MX LOCATED EN DC NORTH END OF THE %CST CULVERT ON AVENUE F. 2V1 NORTH OF NANGATION 2. MAP TO NG A 0.304 ACRE TRACT. CURRENTLY THE sou.pt - TO BE CLOSED. ;:e ''''''' • • • i.% • ******** • ■ //‘ WD t/, DATE UMW PCCA PROJ. 107-034C NEWIRCIN 2 3 4 1 7 PROPOSED COUNTY R.O.W. CLOSURE PROPOSED CITY R.O.W. CLOSURE - 0 .1011 502924-7 onlimikHalmweN7INI PORT Or CORPUS CHRISTI AUTHORITY CITY R.O.W. CLOSURE AS SHOtw4 TEXACO ROAD RIGHT OF WAY 2 C1(1.411017 "I," 1 JOB FJL7C11 / S 80'30'27" E mai 43.17' ft1P.43191prft PCCA DISK ENTER-2 N 88'48'17" E 34.48' CRY ULM N 0548'29" E 278.93' 5 88'41'18" W 80.62' 4' FND. 5/r 1.8. 47 :": "" : : :": :"' i••••. rc :**; ":•• : ::" :"*: ::% : •...1 FND. 5/1" I.R. S 0548'29" W 275.95' F510. 5/r I.R. ....—POINT ar BEGINNING NAVIOARON BOULEVARD s Brow W 20.7o. fir2X2 1. BEARINGS ME BASED ON GPS BEARINGs, NAL) 27, TEXAS SOUTH 2ME, PCCA MCNUMENT 135TER-2'. MCA BRASS [MK LOCATED ON THE NORTH ENO OF T) -Ut.T ON AVENUE F. 257 NORTH OF NAVIGATION BLVD. 2. MAP TO ---- NOTES SONG A 1.248 ACRE TRACT. CURRENTLY A E 4kA0SE0. •" .4,%•.• I V Piier J R.- A4474t-N-44.7,4" 77 -34$9/Q3 DATE PCCA PHIL /07-034C NERMON 3 4 1 7. LIMO PROPOSED COUNTf R.O.W. CLOSURE PROPOSE) CITY R.O.W. CLOSURE RUE .101 .02024-7 FoRRINR.55545ftwo PONT OF CORPUS CHRISTI AUTHORITY CITY R.O.W. CLOSURE As SHORN GO AVENUE F n MAR. 2001 RIGHT OF WAY ri wmoutarst•F 'gni* OL'IT CLAiM DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § That the CITY OF CORPUS CHRISTI, a Texas Home Rule municipal corporation, 1201 Leopard, Corpus Christi, Nueces County, Texas 78469 -9277, collectively called Grantor, for and in consideration of the sum of One Dollar and No /Cents ($1.00) in hand paid by the Grantee hereinafter named, the receipt of which is hereby acknowledged, does by these presents grant, convey, release and forever QUIT CLAIM unto the Port of Corpus Christi Authority of Nueces County, Texas, 1305 N. Shoreline Boulevard, Corpus Christi, Texas, 78401, all that certain property situated in the County of Nueces County, Texas, known as: Four tracts of land comprised of street right -of -way as shown on the maps attached and incorporated as "Exhibits A, B, C, and D ". The abandoned and vacated property as shown above will be retained by Grantor in their entirety as utility easements. TO HAVE AND TO HOLD, the said premises, together with all rights, improvements and appurtenances thereto belonging, unto the said Grantee above named, Grantor's successors, heirs, and assigns, forever, so that neither the under signed, or any person or persons claiming under the undersigned, shall at any time hereafter have or claim any right, title or interest in or to said property, or any part thereof, except as to the retention of the utility easements. Executed this day of , 2008. GRANTOR CITY-OF-CORPUS CHRISTI `Angel R. Escobar, City Manager —265— EXHIBIT "E" THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me, this day of 2008, by `Angel R. Escobar as City Manager of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas [Seal] APPROVED AS TO LEGAL FORM, THIS DAY OF , 2008. FOR THE CITY ATTORNEY Veronica Ocafias, Assistant City Attorney CITY LEGAL. DEPARTMENT —266— EYWIRIT' wove QUAID =ALE IEPS227-556iliiiBilrAileunc'D SOW LEMIgt: 1,44.z:4-4 PROPOSED OTY R.O.W. CLOSURE ENTER - -2 DISK MIES; 1. BEARINGS ME BASED ON ps BEARINGS. NAD 27 TEXAS SOUTH ZONE. PCCA MONUMENT 'ENTER-22 PCCA BRASS DM LOCATED ON THE NORTH DA OF THE 113T CULVERT 04 MOM F, 237 NORTH OF NAVIGATION BLIAL 2. MAP TO ACCOMPANY TES BEING A 9.367 ACRE TRACT. CURRENTLY ALL PORTIONSAtt VO WITHIN CM LIMITS TO BE CLOSED. ';:crr••••;„ . 1-.1"7.7"4;;;*,, "*.r. • ., .41: .. • . N . ...L. 1 . ::_v-t-,,, .t.ti-Ne',•7'sq.4..f‘.;.-17-'i 1- : .' ".• •.' o"..— :%-e 4, 1•■■ ,,:' . .;t31:=tifRAilerV4.■;W:--: . .....:...• ...v.:Z.... • • ..... ft. • . . • .. ' : .:::•:•Ct r.:,...4,4:7. 4,..,. „ . . ...'. - alhegi 3 for/t8 ..., le •••,. 1 Po ::: it :4 't T.ti 2" /1.. . : ■SI --•'"W 718V t - -11 IL w am .F4-N o• . ,.. PCCA PN0 7-0360 W't " $2024.-7 1 2 3 4 $ DATE IIDAWOR PORT OF CORPUS CHRISTI AUTHORITY CITY R.O.W. CLOSURE •••11.0 I I PU•11. II I..1111 CROW SCALE 0 100 200 300 .0B ALTON PAINVGIONAL WADE =POOR N 88.48'17" 60.00' an LIMITS N 0118'42" W 281.73' 3".., „•••• : : ":" : S 884118" W 60.00" LJAITS S 0118'42" E 281.61' : ENTER-2 DISK-\ POINT OF BUMMING N eff41.18 E 2400.80. NAVIGATION BOULEVARD MIES: 1. BEARINGS ARE WED ON pm BEAR1N__OS NAD 27, TEXAS SOUTH ZONE. PCCA MONUMENT ENTER-2 . PCCA BRASS DISK LOCATED ON THE NORTH DM Dr THE NEST CULVERT ON At.peyz .5..257 NORM OF NAVIGATION BLVD. 2. MAP TO'ACCAIrgea0BILING A 0.388 ACRE TRACT, CURRENTLY ME SCUM. ND TO BE CLOSED. ........... . .... 7.'747; .3/09(De DATE PCCA PRO.1107-034C REVISOR 5 3 4' 5 LOOM PROPOSED COUNTY R.O.W. CLOSURE PROPOSED CITY R.O.W. CLOSURE M .Zh9I.10 N 51S 1102IN4-7 01101501511dillomiall PORT OF CORPUS CHRISTI AUTHORITY CITY R.O.W. CLOSURE rt, AS SNt MU ROAD 2coe RIGHT M OF WAY ---a. MONO SCALE *00• D• •"*. "" JCS AT= ISPROCOSAL DNS 0201001 N 884817" E 60.00' CITY UM • • - - • ^ - • - FWD. 5/15' :7: • c' !..: • • • • : : : : I ENTER-2 DISK) 5 88'41'18" W 60.00'. NAVIGATION BOULEVARD POINT OF BEGINNING 21 If4IIV E 9D1.69' MOLT 1. BEARINGS ARE BASED ON GPS BEARINGS. RAO 27. TEXAS SOUTH ZONE. PCCA MONUMENT -EXTER-2. PCCA BRASS DISX LOCATED ON DIE NORTH ENO OF THE WEST CULVERT ON MENUE F. 291 NORTH OF NAVIGATION BLVD. OPPIG A 0.384 ACRE TRACT. CURRENTLY "HQ TO BE CLCSED. • ;-iwi• • I, • • I • JAI • le DATE FCCA PRO I)237-034C NEWSOM 2 3 4 3 9 7 8 • IMMO PROPOSED COUNTY R.O.W. CLOSURE PROPOSED CITY R.O.W. CLOSURE RvE sara*-7 PORT OF CORPUS CHRISTI AUTHORITY CITY R.O.W. CLOSURE rweitital -ps jima.mt. TEXACO ROAD co, RIGHT OF WAY , ....so...1'11ft~ lie" ORAPNIC SCALE 0 100. 203. 300 400' r : D :•••• PCCA DISK ENTER-2 N 8848'17" E 34.48' ------- CITY LINTS N 0548'29" E 278.93' S 8841'18" W 80.62' JOE L M ISCINAL MIDI CONDOR 803027" E 4117' -ftgiglitat c-7 FRO. ma" LR. S 054829" W 275.95. FND. air I.R. POINT OF BEGItaaNG NAVIGATION BOULEVARD S Wane W 20.70' tiplES; 1. BEARINGS ARE BASED ON pPS BEAFMIGS. NAD 27 ,_TEXAS SOUTH ZONE, PCCA MONUMENT TRIER-2, PCCA BRASS DISC LoCATED ON THE NORTH 3C OF THE atsr-cuworr �l MENUE F, zar NORTH or NAVIGATION BLVD. 2. MAP TO A NOTES BEING A 1.248 ACRE TRACT, CURRENTLY A POR1 1 E Inc 0,* ,.„4.?•• • b51.-• ' tttttttttttt • • • .e.■ %es, t•i .• ; ..... .... • • • " • - I/at/4e DATE PCCA PR0.L)07-0340 2 3 4 a 7 a- s LEGEND.: V 4, FND. 5/r I.R. T. R F.: •-••. • • - • • PROPOSED COUNTY R.O.W. CLOSURE PROPOSED CITf R.O.W. CLOSURE ME JOB /02024-7 PORT OP CORPUS CH RISTI AUTHORITY CITY R.O.W. CLOSURE CIE AVENUE F Ran' OF lArAY MATCH LINE A MANHOLE N 11'08 12" W 1.10" TOP OF/C3NCRETE—' BUILDiNC PRIVATE ROAD "/. 1 ell /CONCRETE SANITARY CURB iNLET--....\ Stroman Rd. EXISTING R.O.W. LINE N 54'32'35 E 202.67' POB S 5432'38" W 203.13' N.17,184.20597 E:1,335.000.05 STA 46+34.45 35 LEFT Pori Ave4.74.100 DRAINAGE STRUCTURE EXISTING "/"---R.O.W. LINE GRATE INLET (TYR) CURB DROP INLET CONCRETE PARCEL 10 (EASEMENT) 0.0203 AC. (885 50. ) EXISTING R.O.W LINE 48+00 ;1-1:1tv LOC- #200,1023:). C.T Stroman Rd / (Public) (.1 F. & b ';:lbricvioo .F..-. .)..::::; F I. i.;.1sJCi'..;!:: 1-. • CiTY iMPROVii,t-,-NTE: 4- Q'1_ ,e' Q 41 STUCCO V- LADING METAL FRAME BUILDINGS BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD83 (1993 ADJ.) SOUTH ZONE (4205). ALL DISTANCES ARE SURFACE AND MAY BE ADJUSTED TO GRID BY DIVIDING BY THE CONVERSION FACTOR OF 1.000001. THE DEDICATED RIGHT-OF-WAY WIDTH OF PORT AVENUE AS FOUND IN VARIOUS PUBLIC RECORDS, VARIES FROM SIXTY (60) FEET TO SEVENTY (70) FEET FROM HWY 37 TO U.S. HWY. 181. THE EXISTING PHYSICAL IMPROVEMENTS AS WELL AS FOUND MONUMENTATION SUPPORT THE WIDTH OF SEVENTY (70) FEET FOR THE ENTIRE LENGTH OF THIS PROJECT. AREA PARCEL 10= 885 SQUARE FEET. 1, Randi E. Evans, hereby certify th was pre ared from a survey, mode, unde y direction and that it is .................................. ; .... •FLE ‘18 Randi E. Evans, R.P.L.S. 5373 40 0 f•,+.174- • - 40 SCALE: 1"=40' —271— z PARCEL 10 (EASEMENT) SURVEY PLAT__T_O ACCOMPANY__ METES & BOUNDS DESCRIPTION: SHEET 1 OF 3 ATMAVERIC'N ENGINEERING. I \ t '. TEL: 361 696 3500 FAX: 361 696 3750 400 MANN ST., STE. 200 CORPUS CHRISTI, TEXAS 78401 EXHIBIT "F" F =34 09 14" s - C LEN = 314.80' BRG =N 71'37'12" E CD GUARD POST (rye.) U C L= 319.51' R= 536.00' L= 318.91' R= 535.00' d= 34'09' 13" C LEN= 314.21' BRG =S 71'37'12" W CONCRETE 42.6. BUILDING \q` EXISTING PARCEL 10 (EASEMENT) 0.0203 AC. (885 50. FT.) EXISTING �. R.0.W LINE "R.D.w. LINE ,i1SC ELL = ;1_.. _ AC 7.;L •.�1., ^;T Cr METAL FRAME BUILDINGS 1.00' ASPHALT \` Y G \ \r oo \ 35' BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NADB3 (1993 ADJ.) SOUTH ZONE (4205). ALL DISTANCES ARE SURFACE AND MAY BE ADJUSTED TO GRID BY DIVIDING BY THE CONVERSION FACTOR OF 1.000001. THE DEDICATED RIGHT —OF —WAY WIDTH OF PORT AVENUE AS FOUND IN VARIOUS PUBLIC RECORDS, VARIES FROM SIXTY (60) FEET TO SEVENTY (70) FEET FROM HWY 37 TO U.S. HWY. 181, THE EXISTING PHYSICAL IMPROVEMENTS AS WELL AS FOUND MONUMENTATION SUPPORT TI-4E WIDTH OF SEVENTY (70) FEET FOR THE ENTIRE LENGTH OF THIS PROJECT. AREA PARCEL 10= 885 SQUARE FEET. 1, Randi E. Evans, hereby certify that the foregoing mop was prepored from a survey, made on the ground, under my direction and that it is true and correct. Rondi E. Evans, R. P. L. S. 5373 40 0 40 -272 PARCEL 10 (EASEMENT) SURVEY PLAT TO ACCOMPANY METES at-BOUNDS DESCRIPTION: SHEET 2 OF 3 l‘g ENGINEERING. I \ 1'. MAVERICK TEL: 361 696 3500 FAX: 361 696 3750 400 MANN ST., STE. 200 CORPUS CHRISTI, TEXAS 78401 EXHIBIT "F" GRATE INLET ,-- CRATE :NIET / DRIVEWAY N 35' 'ti' "ER METER ASRHALT\ DR$VE WAY CHAIN LINK FENCE 8$. GRATE INLET N re.R \ O 4 rYA III ;¢ y ^cLricn:a:s .h: CE_L. NE3US i.C`r •. ;• F G:- CO: !fSnky..), :' ° °e \ PARCEL 10 (EASEMENT) 0.0203 AC. (885 SO. FT.) o�S,.tic \ vx00 Ci4e BUILDING N L =1.77' R =82.65' A=01'13'37" C LEN =1.77' BRG =S 54'11'56 cW GUARD POST MAN HOLE BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NA083 (1993 ADJ.) SOUTH ZONE (4205). ALL DISTANCES ARE SURFACE AND MAY BE ADJUSTED TO GRID BY DIVIDING BY THE CONVERSION FACTOR OF 1.000001. THE DEDICATED RIGHT —OF —WAY WIDTH OF PORT AVENUE AS FOUND IN VARIOUS PUBLIC RECORDS, VARIES FROM SIXTY (60) FEET TO SEVENTY (70) FEET FROM HWY 37 TO U.S. HWY. 181. THE EXISTING PHYSICAL IMPROVEMENTS AS WELL AS FOUND MONUMENTATION SUPPORT THE WIDTH OF SEVENTY (70) FEET FOR THE ENTIRE LENGTH OF THIS PROJECT. AREA PARCEL 10= 885 SQUARE FEET. 1, Rondo' E. Evans, hereby certify that the foregoing map was prepared from o survey. made on the ground, under my direction and thot it is true and correct. Randi E. Evans, R. P. L. S. 5373 50 0 50 100 _273- cr'AI c 1"--=.1Y PARCEL 10 (EASEMENT) SURVEY PLAT T0-- ACCOMPANY METES & BOUNDS DESCRIPTION: SHEET 3 OF 3 leENGINEERING. I\(. MAVERIC'I< TEL. 361 696 3500 FAX: 361 696 3750 400 MANN Si.. STE. 200 CORPUS CHRISTI, TEXAS 78401 EXHIBIT "F" CURB INLEE GRATE INLET (TYP 46 +00 GRATE INLET (TYP.) J� POB N:1 7.184,130.56 DC1 E:1.338,014.83? N 11'05'12" W STA 46 +02.74 1.1 1' 35' RIGHT r_ CURB INLET SANITARY HO�`'�4 --- EXISTING R. o. W. LINE 47 +00 A�» DROP INLET CONCRETE Avg^ 48 +00 EXISTING P. 0.w. LINE Pc.- -n rshi:: D: ;.. kr. 7:::11:14536:: :.N T. O� G N 54.32'34" E 234.84' S RR SPIKE FOUND PARCEL 11 0.0200 AC. (872 SQ. FT.) 54'32.34" W 235.29' SET COTTON SPINDLE Q. _`I STUCCO BUILDING (nr: i1c:umeni ^.:ion .4:SCELL"''E :JS ';CRE.' '`13-TK OF CAM' ti, PS.0'.'LS: EN'; 5 „e ,i1. D. P.N.C.1.. METAL FRAME BUILDINGS METAL FRAME BUILDING BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD83 (1993 ADJ.) SOUTH ZONE (4205). ALL DISTANCES ARE SURFACE AND MAY BE ADJUSTED TO GRID BY DIVIDING BY THE CONVERSION FACTOR OF 1.000001. .11 THE DEDICATED RIGHT —OF —WAY WIDTH OF PORT AVENUE AS FOUND IN VARIOUS PUBLIC RECORDS, VARIES FROM SIXTY (60) FEET TO SEVENTY (70) FEET FROM HWY 37 TO U.S. HWY. 181. THE EXISTING PHYSICAL. AS WELL AS FOUND MONUMENTATION SUPPORT THE WIDTH OF SEVENTY (70) FEET FOR THE ENTIRE LENGTH OF THIS PROJECT. AREA PARCEL 11= 872 SQUARE FEET. TCE DESIGNATES PROPOSED EASEMENTS, NO MONUMENTATION WILL BE SET FOR THE CORNERS. 0 = SET 5/8" IRON ROD WITH BLUE PLASTIC CAP STAMPED "MAVERICK ENGR.. CORPUS CHRISTI. TX, BOUNDARY— fv1ARKER"70NEES5 OTHERWISE NOTED. 1, Randi E. Evans, hereby certify that the foregoing mop wos pre.ared from a survey, made on under direction and that it is tr NI ti‘STeii. 4. R. di E. Evans, R.P.L.S. 5373 40 0/A 0 ...... • r�: URV 40 -274 \ \ PA "CEL 1 \ \ \?III\ \ 111 \� -*t■\ \ LOCATION MAP NOT TO SCALE PARCEL 11 SURVEY PLAT TO ACCOMPANY - METES & BOUNDS DESCRIPTION: MISCELLANEOUS ACRES NORTH OF CITY IMPROVEMENTS SHEET 1 OF 3 MAVERIC K ENGINEERING, I \ r. TEL: 361 696 3500 FAX: 361 696 3750 400 MANN ST., STE. 200 CORPUS CHRISTI. TEXAS 78401 EXHIBIT "F" CONCRETE t„ RR SPIKE. FOUND 49 +0p EXISTING R.O.W. LINE SET COTTON SPINDLE pO EXISTING J \ • 4 R.O.w. LINE L==247676.1088°E;;)° _ � R' A= 34'0912' \ C LEN = 273.09' "- �� \ BRG =N 71'37'12' E •- \ `�� `o�/ PARCEL 11 • 0.0200 AC. (872 S0. FT.) •\ L= 276.58' A =34 09 1 C LEN= 272.51' BRG =S 71'37'12" W f X 1.00' METAL FRAME BUILDINGS 35. RR SPIKE FOUND Pa' r.. {c, ;.. .:4' ;l . tloca�nar�i!�iis' ciTY BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD83 (1993 ADJ.) SOUTH ZONE (4205). ALL DISTANCES ARE SURFACE AND MAY BE ADJUSTED TO GRID BY DIVIDING BY THE CONVERSION FACTOR OF 1.000001. THE DEDICATED RIGHT -OF -WAY WIDTH OF PORT AVENUE AS FOUND IN VARIOUS PUBLIC RECORDS, VARIES FROM SIXTY (60) FEET TO SEVENTY (70) FEET FROM HWY 37 TO U.S. HWY. 181. THE EXISTING PHYSICAL IMPROVEMENTS AS WELL AS FOUND MONUMENTATION SUPPORT THE WIDTH OF SEVENTY (70) FEET FOR THE ENTIRE LENGTH OF THIS PROJECT. AREA PARCEL 11= 872 SQUARE FEET. 0 = SET 5/8" IRON R00 WITH BLUE PLASTIC CAP STAMPED "MAVERICK ENGR., CORPUS CHRISTI, TX, BOUNDARY MARKER ", UNLESS OTHERWISE NOTED. 1, Rondi E. Evons, hereby certify that the foregoing mop was prepared from a survey, made on the ground, under my direction and thot it is true and correct. Randi E. Evons, R.P.L.S. 5373 40 0 40 crnl r• .1"=_- an' LOCATION MAP NOT TO SCALE PARCEL 11 SURVEY PLAT TO ACCOMPANY METES & BOUNDS DESCRIPTION: MISCELLANEOUS ACRES NORTH OF CITY IMPROVEMENTS SHEET 2 OF 3 MAVERIC'Ii 10 ENGINEERING. 1N1'. -275- TEL: 361 696 3500 FAX: 361 696 3750 400 MANN ST.. STE. 200 CORPUS CHRISTI, TEXAS 78401 EXHIBIT "F" SET COTTON SPINDLE RR SPIKE \ \ FOUND •\ \ q ti, P \ \ r, \ GRATE INLET 1.00' ASPHALT DRIVEWAY DRIVEWAY CHAIN LINK FENCE fI� BUILDING OF it.T +A Pr -;,1 nr_ \ \ T- a '''''''''1:::.":;...,:f.i CL \ \ PAR\bEL 11 0.0200 AC. (872\SQ. FT.) .\ & 0 \ OA �F•P •\ osir}� A S 46'18'12" E �\.,_ 1.41' BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD83 (1993 ADJ.) SOUTH ZONE (4205). ALL DISTANCES ARE SURFACE AND MAY BE ADJUSTED TO GRID BY DIVIDING BY THE CONVERSION FACTOR OF 1.000001. THE DEDICATED RIGHT —OF —WAY WIDTH OF PORT AVENUE AS FOUND IN VARIOUS PUBLIC RECORDS, VARIES FROM SIXTY (60) FEET TO SEVENTY (70) FEET FROM HWY 37 TO U.S. HWY. 181. THE EXISTING PHYSICAL IMPROVEMENTS AS WELL AS FOUND MONUMENTATION SUPPORT THE WIDTH OF SEVENTY (70) FEET FOR THE ENTIRE LENGTH OF THIS PROJECT, AREA PARCEL 11= 872 SQUARE FEET. 0 = SET 5/8" IRON ROD WITH BLUE PLASTIC CAP STAMPED "MAVERICK ENGR., CORPUS CHRISTI, TX, BOUNDARY MARKER", UNLESS OTHERWISE NOTED. 1, Randi E. Evons, hereby certify that the foregoing map wos prepared from a survey, mode on the ground, under my direction and that it is true and correct. Rondi E. Evans, R, P. L. S. 5373 50 0 50 100 -276- rr n, r. . _c.,• •1 )11 � IIIIIII LOCATION MAP NOT TO SCALE PARCEL 11 SURVEY PLAT TO ACCOMPANY METES & BOUNDS DESCRIPTION:. MISCELLANEOUS ACRES NORTH OF CITY IMPROVEMENTS SHEET 3 OF 3 10 ENGINEERING, INt', MAVERIC N TEL: 361 695 3500 FAX: 361 696 3750 400 MANN ST., STE. 200 CORPUS CHRISTI, TEXAS 78401 EXHIBIT "F" DEPARTMENT OF ENGINEERING SERVICES PROPERTY AND LAND ACQUIS: T :ON DIVISION New Broadway WNTP - Project #7293 - Parcel i Sanitary Sewer Easement THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT the Port of Corpus Christi Authority of Nueces County, Texas, (GRANTOR) in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, paid to Grantor by the City of Corpus Christi (GRANTEE), a Texas Home Rule municipal corporation, of P. O. Box 9277, Corpus Christi, Nueces County, Texas, 78469 -9277 the receipt of which is hereby acknowledged, has conveyed, and does convey to the City of Corpus Christi, its successors and legal representatives the free and uninterrupted use, liberty, privilege, and easement of going in, on, over, under and along a certain tract of land situated in Nueces County, Texas and being described as follows: The tract of land is described by metes and bounds on the attached and incorporated as Exhibit "A" and shown on the attached map and incorporated as Exhibit "B ". (Premises). Together with the free ingress, egress and regress to and for the City of Corpus Christi, Texas, for the purpose of constructing, servicing, repairing, maintaining, inspecting, laying and keeping Sanitary Sewer lines under, on and along the Premises. TO HAVE AND TO HOLD, ALL AND SINGULAR, the rights and privileges aforesaid to the City of Corpus Christi, Texas, its successors and legal representatives, for use as a Sanitary Sewer Easement for so long as used for such purpose, and if the use of said easement is ever abandoned, then the aforesaid rights and privileges shall cease. Executed in duplicate, either copy of which constitutes an original. - Grantor PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS John P. LaRue Executive Director H :\HOMSWormaR\PROJECTW7293 Boardway WWTP\Sanitary Easement.dre 2 7 7 — Page 1 of 3 EXHIBIT "G" THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on , 2008 by John P. LaRue, Executive Director of Port of Corpus Christi Authority ofNueces County, Texas on behalf of the Port. Notary Public in and for the State of Texas [Seat] ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas, on , 200$. Grantee CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Kevin Stowers, Interim Director Department of Engineering Services THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2008 — by Kevin Stowers as Interim Director of Engineering Services of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. [SD] Notary Public in and for the State of Texas HAHOME1Nom R'PROJECTVt7293 Boardway WWTP\Sanitary Easemenidoc 2 7 8 — Page 2 of 3 EXHIBIT "G" APPROVED AS TO LEGAL FORM, THIS DAY OF , 2008. FOR THE CITY ATTORNEY By: Veronica Ocafias, Assistant City Attorney CITY LEGAL DEPARTMENT EXHI BIT "G" H:\HOMEWormaR\PRO3ECT\#7293 Boardway W WTP\Sanitary Basement-doe — 2 7 9 — Page 3 of 3 LNV ENGINEERING 6NGINEEitI IS CONSULTANTS 609 Navigation, suits 300 Corpus Christi, Texas 76400 Phone: (361) 8834864 Pax (361) 883.1086 30 Foot Sanitary Sewer Easement Field note description for a 30 foot wide Sanitary Sewer Easement out of Blocks 64, 65, 66 and 67, Beach Portion, a subdivision of the City of Corpus Christi, Texas recorded in Volume "A ", Page 2, Nueces County, Texas Map Records and out of that particular tract of land called Tract 9, recorded in Document No. 834521, Official Public Records, Nueces County, Texas, said 30 foot wide Sanitary Sewer Easement, being more particularly described by metes and bounds as follows: Beginning at a 5/8 inch iron rod set for corner in the east right - of-way line of 60 foot wide Sam Rankin Street for the southwest and beginning comer of the tract herein described, from whence the intersection of the east right -of -way line of said Sam Rankin Street and the north right -of -way line of 60 foot wide Resaca Street, bears South 11 °- 09' -23" East, a distance of 12.0 feet; Thence North 11 ° -09' -23" West, with the east right -of -way line of said Sam Rankin Street, a distance of 30.00 feet for the northwest corner of the tract herein described; Thence North 78°- 50' -37" East, with a line that is 42 feet northwest of and parallel to the northwest right of -way line of Resaca Street, at 330 feet passed the centerline of Black Street, closed by City of Corpus Christi Ordinance No. 4176, at 690 feet passed the centerline of Zorra Street, closed by said City Ordinance No. 4176, at 1,050.0 feet passed the centerline of Oso Street, also closed by said City Ordinance No. 4176, in all, a distance of 1,235.00 feet for the Northeast corner of the tract herein described; Thence South 11 °- 09' -23" East, a distance of 30.00 feet for the southeast corner of the tract herein described from whence the intersection of the original north right -of -way line of 60 foot wide Resaca Street and the original west right -of -way line of Tancahua Street, bears North 78 °- 50' -37" East, a distance of 145.0 feet and South 11 °- 09' -23" East, a distance of 12.00 feet; Thence South 78°- 50' -37" West, with the north line of said 12.0 feet Drainage Easement, a distance of 1,235.0 feet to the Point of Beginning. Containing 0.851 acre (37,050.0 square feet) of land. State of Texas County of Nueces 1, Horatio Oliveira, a Registered Professional Land Surveyor, of LNV ENGINEERING, Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction, and that this description conforms to the current Texas Surveyor's Association Standards and Specifications for a Category 1 -A, Land Title Survey. This the 7' ' day of adritti- 2008. (v4e.dires4 Horatio Oliveira State of Texas License No. 1415 -280- EXHIBIT "G" M1� SAM ANKIN ST ccasg itfif q Ili' ] \c�/ BLACK ST 8 c, '\cResED ay ORD, NO 4176 76 by 2 v 2N 1 41 I :I cs) �Z o mcnno JP' a. 2 i zoRRA sTc, §(1c.: ORD. k0. 4176 CLOSED ; 76 —1 i F Pis ra 0) co 73 rpm O OSO ST a OSED BY CITY R0- ND. 4176 S -1 '- 09' -23 " -E 30.0' O. TJT TANCAHUA ST —281— EXHIBIT "G" f: NAVIGATION DISTRICT c./ Sr. 1 a fa rs la I FA ' II I MINNA 74:91411 111110A1111 11111104312 %Ili / - '20 '`cf =am, o- A ffrimmillaessimallINViii-- Utilrl_,._ s gsionitingeke s.. • °---.---'6.1.11..-,:- ` -' ma am 11M1-2 W� ./ OM Wm'�'� KV� 1M® 66 EW/ : MV ®A _ ire �11111111 31101111111111111 -.- - 546-61 Illara SIM= rfa a A - a 1l M gall 'BEM NMI ME NIII NI O North 1/2 of Resaca Street Containing 41,400 s.f. DISPbtAL E•X E M P r • 540 -39 -30 s !• •1 1 •• • • Q' POWER : ,Sr U -t3 -282- •NU•ECEk COUNTY EXHIBIT "H" As Passed on First Reading ORDINANCE ABANDONING AND VACATING A 82,830- SQUARE FOOT PORTION OF THE RESACA STREET PUBLIC RIG - 1T -OF- WAY, LOCATED BETWEEN THE N. TANCAHUA STREET AND SAM RANKIN STREET PUBLIC RIGHTS -OF -WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, the City of Corpus Christi, Port of Corpus Christi and Darla -1, Ltd., through it's President and Registered Agent, William R. Durill, Jr., all of which are adjacent property owners to a 82,830- square foot portion of the Resaca Street public right -of- way, are requesting the abandonment and vacation of the 82,830- square foot portion of the Resaca Street public right -of -way, which is located between N. Tancahua Street and Sam Rankin Street public right -of -way; and WHEREAS, the request to abandon and vacate the 82,830- square foot portion of the Resaca Street public right -of -way, fulfills a condition of a Right -of -Way Agreement between the City and the Port of Corpus Christi, executed December 18, 2008, as authorized by the City Council on December 16, 2008, Resolution No. 027997 (See attached Exhibit "A" for pertinent part of Right -of -Way Agreement), in which Agreement the exchange of real estate rights needed by each party is permitted through the process of vacating and abandoning, granting, selling, or other means, to convey these rights to each other; and WHEREAS, Darla -I, Ltd., through it's President and Registered Agent, William R. Durill, Jr., seeks to retain its portion of the Resaca Street public right -of -way, and will pay the fair market value fees assessed for its portion of the public right -of -way; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, December 8, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the public right -of -way, subject to the provisions below. (See attached Exhibits "B" and "C" for Maps of Right -of -Way) H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \12 -8 \Ord - abandon - vacate- Resaca Street.doc —283— Page 2 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 82,830 - square foot portion of the Resaca Street public right -of- way, located between N. Tancahua Street and San Rankin Street public rights -of -way, as recorded in Volume A, Page 2 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon compliance with the following: 1) Staff recommends that Darla -I, Ltd. pay the fair market value fee of $2,500 for its 4,500- square foot portion (30x150) of the abandonment and vacation of the Resaca Street public right -of -way. [The City of Corpus Christi and the Port of Corpus Christi Authority will be exchanging real estate property that will offset part of the fair market value fee being assessed to the proposed public street right -of -way (Resaca Street) which is proposed for closure.] 2) City Water Department has an existing water main and fire hydrants within the right -of -way and is requiring that the entire public right -of -way be retained as a utility easement. 3) City Wastewater Department has an existing 48 -inch and 8 -inch sewer line within the right -of -way and is requiring that the entire public right -of -way be retained as a utility easement. 4) City Gas Department has an existing 2 -inch wrapped steel gas main within the right -of -way and is requiring that the entire right -of -way be retained as a utility easement. 5) AEP has an overhead electrical distribution line and is requiring a minimum 15 -foot wide utility easement parallel and adjacent to the north side of the Resaca Street public right -of -way. 6) TimeWarner Cable has an aerial overhead line attached to the existing AEP poles and is requiring a minimum 15 foot wide utility easement parallel and adjacent to the north side of the Resaca Street public right -of -way. 7) Within 180 days of approval by Council and issuance of the ordinance, all grants of street closures and dedications must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the recordation of the street closure, an up- to -date survey, abstracted for all public rights -of -way, easements, and items of record, must be submitted to the Development Service Engineer. H:\LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda\12 -8 \Ord - abandon - vacate- Resaca Street.doc —284— Page 3 of 4 SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends tt ,e Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 8th day of December, 2009. ATTEST: CITY OF CORPUS CHRISTI: Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED: November 30, 2009. Deborah Walther Brown Assistant City Attorney For City Attorney H:\ LEG - DIR\Shared\LEGAL- DEV.SVCS\2009 Agenda \12 -8 \Ord - abandon - vacate- Resaca Street.doc —285— Page 4 of 4 Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: 1 /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the followir)g vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H:\ LEG- DIR\Shared \LEGAL- DEV.SVCS12009 Agenda \12 -8 \Ord - abandon - vacate- Resaca Street.doc —286— Right-of-Way Agreement THE STATE OF TEXAS § BY THIS AGREEMENT COUNTY OF NUECES § The City of Corpus Christi, ( "City, "), whose address is 1201 Leopard, Corpus Christi, Nueces County, Texas, 78401, and the Port of Corpus Christi Authority, ( "Port"), whose address is 222 Power Street, Corpus Christi, Nueces County, Texas 78401, mutually agree to enter into a Right -of- Way Agreement, ( "Agreement "); for the purpose of exchanging real estate rights needed by each party through the process of vacating and abandoning, granting, selling or other means, to convey these rights to each other. THEFEFORE, THE CITY AND THE PORT AGREE AS FOLLOWS: 1. The City shall vacate and abandon certain road right of ways to the Port as follows: 1. 408,026.52 square feet of Navigation Boulevard as shown on the attached Exhibit A. 2. 16,901.28 square feet of Sigmor Street as shown on the attached Exhibit B. 3. 16,727.04 square feet of Texaco Street as shown on the attached Exhibit C. 4. 54,362.88 square feet of Avenue F as shown on the attached Exhibit D. The City makes no warranty as to the title of the rights -of -way and shall convey these rights by a Quit Claim Deed to the Port using a document similar to the attached Exhibit E. The City may retain a Utility Easement upon the entire area of each parcel of land that is vacated and abandoned. 2. The Port shall convey real estate rights and pay cash compensation to the City as follows: 1. Fee simple rights to 1,757 square feet of N. Port Avenue, as shown on the attached Exhibit F. The Port shall execute a Real Estate Sales Contract and a Warranty Deed to the City, acceptable to the City. 2. A Sanitary Sewer Easement, out of Blocks 64, 65, 66, and 67, Beach Portion, containing 37,050 square feet, similar to the attached Exhibit G. 3. Fee simple right to 41,400 square feet, being the north one half of Resaca Street as shown on the attached Exhibit H. The City shall initiate the vacating and abandonment of the entire sixty feet (60') of Resaca Street. Upon vacating, the north one -half of the street tiiust be conveyed to the Port and the south one half to the City. Once the entire right -of -way is vacated and abandoned by the City Council, after a public hearing, the Port shall subsequently convey fee simple title to the City, via Quit Claim Deed, to the north one half of Resaca Street. 4. In addition, the Port shall present cash payment to the City in the amount of $55,300. 2008 -470 12/16/08 Res, 027997 Port of Corpus Christi Authority ntsWavigationBlvd.ROW -V &A Agreensnt.doc —287 — Exhibit A 3. Subject to the performance by both parties of their respective obligations and the satisfaction of all conditions set forth in this Agreement, all transactions contained in this Agreement must be closed within 180 days after execution of the Agreement. 4. It is understood and agreed that either the City or the Port may perform or cause to be performed an environmental audit, including "all appropriate inquiry" as term is used in the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Sec. 9601(35) (B), and that the time required for the audit may cause a delay in closing and the results of the audit may cause a cancellation of this Agreement. In this connection, City and Port grants access to their property for due diligence and inspection purposes. Each party warrants to the other party that they have disclosed, before the closing of this Agreement, all relevant information known to exist by each party. 5. The City and the Port each accepts title to their Property subject to all recorded restrictive covenants, use restrictions, and all applicable City zoning regulatory ordinances, if any. 6 This Agreement survives the vacating and abandonment process and the delivery of deeds, easements, and other necessary documents, and all terms and conditions remain in effect between the City and the Port. 7. The City and the Port are exchanging surface rights only. No mineral rights are included in this exchange, with each property subject to existing mineral exploration and extraction rights assigned to other parties. 8. Time is of the essence in connection with this agreement. Executed in duplicate this date of DLIT/ (VI JJ.4!f , 2008. Port of Corpus By: Name: Title: Date: 6.4tr..l_T1lt ci;GBGTD/2 flEC 0 9 7008 , 2008 ft1.122222. (AUTHORIZED 1!Y COUNCIL .. SECRETARY -1M • City of Co us Christi / By: � JC hd Aati T. Escobar J r� Nam Title: r Date: Lecimk. h , 2008 Approved as to legal form: Mary Kay Fischer City Attorney By: I� can#7 Assistan City Attorney C:IDOCUME -1 ADMINI— I\LOCALS —I \Temp\ PgpwiseViavigtlionBlvd .ROW -V&A Agnew-aid= ATTEST. Page 2 of 2 -288- ARMANDO CHAPA crrY SECRETAR" WFAI ! • i22.i INN tli ;. %Am NM IVEZ 2A, Ur TTs S 77 Cr 1.5 AMINE AllirkiELUIR E Al-Wie w:oe'et'c; grang1111110.1110111MEMPli Liziirm_vir --'1/1-,,,.. re.0.2i. Y •.�.'. �M .i o za ,.• o WA . FM! W61011 11111Werfall r Waal 111111111VAIr ' -------q-------.--------- illi-`mimmE- 111111111harizienitilifEimil'alleibillileiMEDAM111 MEIN is . 1111 ;:..;\„;,\\,;\\,:...,\\\;\\:::\.::\\::\:;;\\::‘:::\\ ::: 1 ..:: North % of Resaca Street Containing 41,400 s.f. E X E M P 540 -39 =30 -289- -290— 1- 0 • MAP TO ACCOMPANY FIELD NOTES. 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I m Opm Op� p 2 cl 352 3S" 392Q OW3 04Cei 0Vcc O 00� 20V 2 Wz W g�k Soh gU2 LV O.cIn 0Q4 O WW a�L.W 0�0 in et ld2� C, ft •2et Q2�e 'ENS: �.0LI m�yQ �ODuia V2�W a2 W2 ahit �c°)e2In �DVti� �� i 18 1St Reading — 12/08/09 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 8, 2009 AGENDA ITEM: Ordinance renaming the park located at 3221 Richmond at Up River Road and IH 37 from "Jackson Woods Park" to Matthew Thebeau Memorial Park. ISSUE: The City has established a formal policy for facilities. The City, through the Parks and Recreation Department, received a renaming request from Assistant Chief Mike Walsh for Jackson Woods Park. BOARD /COMMITTEE REVIEW: The Parks and Recreation Advisory Committee (PRAC) voted at their July 8, 2009 meeting to support this request and begin the 60 day process of due diligence research and public notification. Public comments from park neighbors against the renaming were received. Support from the Corpus Christi Police Department was received. During the regular PRAC meeting on October 14, 2009, by a four to three majority, the PRAC voted to recommend the City Council approve the request to rename Jackson Woods Park to Matthew Thebeau Memorial Park. REQUIRED COUNCIL ACTION: The City Council must approve the naming of all City facilities, parks, and recreation facilities. That process is finalized by the adoption of an ordinance. CONCLUSION AND RECOMMENDATION: It is recommended that the renaming of Jackson Woods Park to Matthew Thebeau Memorial Park be approved. /Lt wG•�' Stacie Talbert, Interim Director Parks and Recreation Department 361- 826 -3464 StacieTcctexas.com Attachments: Background Information Staff Due Diligence Report Request to rename park Council Policy Information for Naming of City Parks and Recreational Facilities BACKGROUND INFORMATION The Jackson Woods Park is a 2.29 acre park located at 3221 Richmond, at Fair Oaks and Up River Road. Similar ordinances have been requested by the Parks and Recreation Advisory Committee (PRAC) and approved by the City Council. Such requests have included the renaming of Gypsy Park as Don and Sandy Billish Park, in February 2002, the renaming of Meadowbrook Park to Dan Whitworth Park in December 2003, the renaming of Midway Park to Nancy Todd Garrett Memorial Park on June 28, 2005, and Southside Park was renamed Mike Zepeda Park on January 31, 2006. Jackson Woods Park Renaming Project To Memorial Park Due Diligence Report October 14, 2009 On July 1, 2009, Sally Gavlik, City of Corpus Christi, Parks and Recreation Director received a request from Assistant Police Chief, Mike Walsh to rename Jackson Woods Park Matthew Thebeau Memorial Park. The Parks and Recreation Advisory Committee received the request at their July 8, 2009 meeting. The committee requested staff complete their due diligence report for the October 14, 2009 meeting. Public notification signs were posted at the park property on July 21, 2009. Notification fliers were delivered to 27 property owners within one and one -half miles of the site on July 22, 2009. Part of the public notice was an invitation to attend the Parks and Recreation Advisory Committee meeting on August 12, 2009. Citizen, Mr. Larry Bell of 3221 Manassas Lane addressed the committee to express his opposition. Mr. Bell has lived in the neighborhood since 1981. He states the sub- division was platted in the 1960s with the park being completed in 1981. The sub - division was named by the original developer who was a Civil War enthusiast. Therefore, all streets carry names of that period. Their previous neighborhood association disbanded several years ago as its need was outgrown by the community. Mr. Bell noted the approximate thirty year history of reference to the park as Jackson Woods. He doesn't feel there is need for a new name that doesn't correspond with the rest of the neighborhood. Mr. Bell also suggested a centralized park to honor all fallen First Responders, similar to the Veterans area at Sherrill Park. He considers Woods Park to be too small, not visible enough, and basically not good enough for this recognition. Mr. Bell noted about six others recently killed in the line of duty including Lt. Alexander, and the upcoming 911 Anniversary. With those considerations, he urged the committee to look for a bigger, more central location for a First Responders Memorial Park site. Final public announcement was published in the Caller Times on September 6, 2009 and September 7, 2009. To date, there have been five (5) phone conversations recorded expressing opposition to the renaming request. To date, there have been three (3) email messages recorded in support of the renaming request. Copies of those responses are also attached. Staff Recommendation: This proposal is being submitted to the Parks and Recreation Advisory Committee to meet the 60 day policy requirement. However, the Parks and Recreation Department can only recommend this item be tabled until the neighbors and Police Department can meet to discuss any concerns and return to the committee their recommendation. The Parks and Recreation Department can facilitate this meeting. Sally Gavlik, Director Parks and Recreation (361) 826 -3464 Addendum to Due Diligence Report: Additional notices of support were distributed at the October 14th meeting. Those copies are also attached. After much discussion the committee agreed to vote on the item. There were four (4) members supporting the name change and three (3) members against the name change. By a four to three majority, the committee voted to recommend to City Council the name of Jackson Woods Park be changed to Matthew Thebeau Memorial Park. -297- (pg 2, Due Diligence Report) Caller Times Newspaper Publication September 6, 2009 and September 7, 2009 The public is hereby notified in compliance with the Corpus Christi Code of Ordinance, the Corpus Christi Parks and Recreation Department is considering Renaming Jackson Woods Park at 3221 Richmond at Upriver Road and IH 37. This item will be discussed at the Parks and Recreation Advisory Committee meeting, September 8, 2009, 5pm, City Hall Sixth Floor Conference Room. You are invited to attend the meeting, or contact Parks and Rec at 826 -3463 with your comment or question. (pg 3, Due Diligence Report) Park notification posted at park on July 21, 2009 Flier distributed to park neighbors on July 22, 2009 The City Corpus Christi, Parks and Recreation Department has received a request to rename Jackson Woods Park, 3221 Richmond, at Upriver Road and IH 37, to Matthew Thebeau Memorial Park. This item will be discussed at the Parks and Recreation Advisory Committee meeting August 12, 2009, 5:00 pm, City Hall, 1201 Leopard Street, Sixth Floor Conference Room. You are invited to attend the meeting, or contact Parks and Recreation at 826 -3463 with your comment or question. Recommended Amendment to City Council Policy: 6. Naming of City parks and recreational facilities. A formal policy for naming of parks and recreation facilities in the City of Corpus Christi is hereby adopted, and the guidelines shall be as follows: A. Donations. Upon donation of at least 51 percent of the value of a park or park facility and upon recommendation of the Parks and Recreation Advisory Committee, the City Council may name the park or park facility as the donating party designates if the park or park facility has not already been specifically named in honor of a person or group. B. Subdivision Dedication. Park land received through dedication under the City's Platting Ordinance shall be named by the Parks and Recreation Advisory Committee. No formal action needs to be taken by the City Council. C. Name Change. The City of Corpus -Chris tii discsafagcs preposals whereby the namc of a park or park facility would be chaffed. However, ufldcr cxt erne circumstances the Park aed Recreation preferred and is recommended Only the following facilities are eligible to be considered for name changes;: (1) park or park facility which is not already named in honor of a person or group; and (2) park or park facility which was named for the subdivision in which it is located. The following definitive steps shall be taken regarding a proposed name change for these eligible parks and park facilities. (1) Persons, groups, or organizations desiring the name change shall fill out complete a request for name change and submit the proposal to the staff of the Parks and Recreation Department for review and consultation with the requesting entity. (2) Name change requests shall be submitted to the Parks and Recreation Advisory Committee. No action may be taken by the Board committee for a minimum of 60 days after receipt of the proposal. (3) During the 60 -day waiting period, legal notice shall be published twice in a newspaper of general circulation giving notice of the proposed name change. (4) Written comments are to be submitted to the Parks and Recreation Advisory Committee and interested individuals are invited to come before the Board committee to address the issue. (5) At the first meeting after the 60 -day waiting period, the Parks and Recreation Advisory Committee will take one of the following actions: (a) Approve the request and refer the recommendation to the City Council; (b) Reject the request; or (c) Table the request for future action or additional information. In the event the request is rejected by the Beard committee, the requesting entity may appeal the rejection to the City Council. (6) The Council shall consider the request and either approve or reject the request. The Council, at its option, can waive all provisions herein provided for eligible park and recreation facilities in commemorating or memorializing an individual, group or act. If approved, the Parks and Recreation Department shall arrange suitable renaming ceremonies. Costs associated with renaming ceremonies and the provisions of markers, plaques, or memorials shall be borne by the entity proposing the name change. D. Special Considerations. In choosing names after individuals, consideration may be given to persons living or dead. Special consideration shall be given to the contributions the person has made to the City, State, or Country. A facility or park may not be named after an individual currently in public office or serving as an employee of a local governmental jurisdiction. A one -year waiting period after termination from completion of public office or municipal employment is considered adequate. Names related to religious denominations will generally not be favorably considered unless the rules of donation apply. Input from neighborhood organizations in the immediate vicinity of the park or facility will be sought in the case of a name change request. E. Renaming of park or park facility. The renaming of a park or park facility which is already named in honor of a person or group is not permitted. z,-5) a) L) a) 1 - -�7 _� , L1 I _ co , a) -t L L ./' _ Z �1 (Z L, , Cl co co , 0 - C • 0 cn 0) .5 0 O 0 WW N N N U) L A , , 1 C11 �.1 a., , , 1 , , m a a.) �� _0 , m Page 1 of 2 ORDINANCE RENAMING THE PARK LOCATED AT 3221 RICHMOND AT UP RIVER ROAD AND IH 37 FROM "JACKSON WOODS PARK" TO "MATTHEW THEBEAU MEMORIAL PARK ". WHEREAS, there is an approximately 2.29 acre park area located at 3221 Richmond, at Fair Oaks and Up River Road; WHEREAS, on July 1, 2009, the City received a request from Assistant Police Chief Mike Walsh to rename this park, Matthew Thebeau Memorial Park; WHEREAS, the Parks & Recreation Advisory Committee ( "PRAC ") considered this request at their July 8, 2009 meeting at which time they voted to support the request and began the 60 day process of public notification; WHEREAS, legal notice about the proposed name change was posted on September 6, 2009 and September 7, 2009; WHEREAS, the PRAC considered and by a four to three majority vote, recommended the Jackson Woods name change to City Council at their October 14, 2009 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The name of the park located at 3221 Richmond at Up River Road and IH 37 is hereby renamed "Matthew Thebeau Memorial Park ". H: \LEG- DIR \Lisa\2009 Ordinance \Renaming Jacks VipQ,ds to Matthew Thebeau ORDINANCE final.doc Page 2of2 That the foregoing ordina ce was read for the first time and passed to its second reading on this the day of 7) ec — -t , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney L 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 Brent Chesney Larry Elizondo, Sr. John E. Marez Nelda Martinez Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: November 30, 2009 By: Lisa Aguilar•' Interim City Attorney H: \LEG- DIR \Lisa\2009 Ordinance \Renaming Jacictoods to Matthew Thebeau ORDINANCE final.doc 19 AGENDA MEMORANDUM AGENDA ITEM: December 15, 2009 Public Hearing for proposed Cottage Housing District Ordinance; amending the Corpus Christi Zoning Ordinance by adding a new Article 6B, "Cottage Housing District"; by including new definitions; by revising sections 4A -2, 4B -2, 4C -2, 5 -2, 10 -2, and 13 -2 to allow cottage housing as a permitted use; and providing development standards and regulations; providing for increased density and low- impact development on smaller lots within the city limits; amending conflicting provisions of the City's comprehensive plan; repealing conflicting ordinances; providing for severance; providing for penalties; providing for publication; and providing an effective date. ISSUE: The draft "Cottage Housing District" Ordinance proposes to amend the Corpus Christi Zoning Ordinance by adding a new Article 6B titled "Cottage Housing District." The draft Ordinance includes new definitions and provides building and design standards to ensure that these developments are attractive and compatible with surrounding land uses, while promoting a community -based living concept for singles, couples, small families, single parents, retirees, and tourists on smaller lots that may have previously been excluded due Zoning Ordinance setbacks, lot widths, and maximum requirements. A Public Hearing is required prior to adoption of any Ordinance amendments. PLANNING COMMISSION RECOMMENDATION: During the regularly scheduled Planning Commission meeting of December 9, 2009, the Planning Commission voted to recommend the proposed ordinance to City Council for approval, as amended by the Commission. STAFF RECOMMENDATION: Agenda item is for public hearing only. No staff recommendation is included at this time. REQUIRED COUNCIL ACTION: None, agenda item is for pilblic hearing only. Juan Perales, Jr., P.E. Asst. City Manager, Engineering and Development Services Attach ments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Background Information Comprehensive Plan Consistency Assessment Original Draft Ordinance Draft Ordinance as amended by Planning Commission Powerpoint presentation Site Plan examples -309- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Earlier in 2009, the Bay Area Smart Growth Initiative was created as a community based group focused on discussing and developing smart growth concepts for application with the City of Corpus Christi. The group membership includes individuals from the general public, as well as representatives of the building, development, and property management industries. The City's Department of Development Services has been engaged with the group since its beginning, in an effort to provide technical and administrative support, and to facilitate implementation of concepts developed by the group. The first product to come out of this cooperative effort is the development and implementation of "Cottage Housing" options within the City of Corpus Christi. Cottage Housing Developments and Districts have been popular on the west coast of the United States for several years, and the concept is also being utilized in the Midwest, New England, and the states of Tennessee and Florida. Application of this concept in the City of Corpus Christi for both re- development and new development will improve the marketability of marginal properties by providing for increased unit densities. The cottage housing concept was originally created to address infill development, especially on smaller Tots, and eventually served a second purpose by providing affordable homes in communities experiencing declining resident populations, due to the lack of affordable homes in those areas. Cottage housing Developments also increased tourism in areas by providing additional lodging options for visiting tourists. The drafted "Cottage Housing District" Ordinance proposes to amend the Corpus Christi Zoning Ordinance by adding a new Article 6B titled "Cottage Housing District." The draft Ordinance includes new definitions and provides building and design standards to ensure that these developments are attractive and compatible with surrounding and uses, while promoting a community -based living concept for singles, couples, small families, single parents, retirees, and tourists on smaller lots that may have previously been excluded due Zoning Ordinance setbacks, lot widths, and maximum requirements. Exhibit A Page 1 of 1 EXHIBIT B COMPREHENSIVE PLAN CONSISTENCY Land Use Objectives: 1. Create safe, livable, and affordable residential areas. 2. Provide sufficient land use by type for continuous growth. 3. Develop an efficient land use mix. 4. Properly locate land uses based on the compatibility, Iocational needs, and characteristics of each use. 5. Preserve quality residential, commercial, and industrial areas. 6. Relate planned utility services to projected land use types and intensity. 7. Promote adequate and equal housing opportunities for all citizens. 8. Encourage orderly growth of new residential, commercial, and industrial areas. General Policy: d. RECOGNIZING THE CITY'S FINANCIAL LIMITATIONS, NEW DEVELOPMENT SHOULD OCCUR IN A PATTERN WHICH IS COST EFFECTIVE. The City should encourage new development where services can be provided economically and, wherever possible, promote contiguous development. City ordinances should be reviewed periodically to ensure they are consistent with this policy. Ordinances should allow state of the art land planning techniques to make available various densities and funding techniques while maintaining an attractive living environment. Housing Policy: c. THE OPPORTUNITY FOR HOME OWNERSHIP SHOULD BE MADE AVAILABLE TO AS MANY CITIZENS AS POSSIBLE. The availability of affordable housing for citizens of all income levels is greatly influenced by codes and ordinances. Housing affordability should be a priority consideration in all actions that directly or indirectly affect housing cost. Every Increase in the cost of building a new home has the effect of increasing the cost to the consumer of both new and existing homes. As a result, every increase in cost directly reduces the number of citizens who have the opportunity to purchase a home. Similarly, every reduction in cost significantly increases the number of citizens who have an opportunity to own their own home. Codes and ordinances should be thoroughly reviewed and revised to eliminate requirements that add cost with very little actual benefit and to encourage the use of new and innovative designs and products which are more cost effective. Residential Policy: b. THE HOUSING AND POPULATION DENSITY OF THE CITY SHOULD RESPOND TO CHANGING MARKET TRENDS, CONSUMER PREFERENCES, ECONOMIC REALITIES, AND DESIGN TECHNOLOGY. Density limits should be based on consumer preferences and current market conditions to provide tomorrow's renters and buyers the opportunity to have the housing of their choice. All ordinances and codes should be reviewed periodically to insure that they continue to meet the housing needs of today's market. Ranges of densities improve the affordability of housing, increase the cost effectiveness of services, and offer citizens the quality of life desired. h. INFILL DEVELOPMENT SHOULD BE ENCOURAGED ON VACANT TRACTS WITHIN DEVELOPED AREAS. Owners of vacant tracts or lots should be encouraged to develop their properties. Steps should be taken to improve the economic viability of infill development through incentives that will attract private investments. General Utilities Policy: b. PROMOTE CONTIGUOUS DEVELOPMENT. Growth should be encouraged in those areas where adjacent services already exist or can be economically provided. In general, a contiguous compact growth pattern should be encouraged because it requires minimal improvements to the existing utility system. Water System Policy: a. ENCOURAGE DEVELOPMENT OF WATER CONSERVATION PROGRAMS. Encourage the prudent use of water by encouraging water conservation measures such as xeriscape landscaping with drought resistant plants; promote educational programs that encourage water conservation; and water savings devices for inclusion within the building code. Other measures to promote water conservation may include the utilization of technological innovations in the treatment of wastewater to expand water supplies for industrial and agricultural users. In addition, an emergency water rationing plan should be maintained in the event that a drought should occur. ORDINANCE AMENDING THE CORPUS CHRISTI ZONING ORDINANCE BY ADDING A NEW ARTICLE 6B, "COTTAGE HOUSING DISTRICT "; BY INCLUDING NEW DEFINITIONS; BYREVISING SECTIONS 4A- 2, 4B -2, 4C -2, 5 -2, 10 -2, AND 13 -2 TO ALLOW COTTAGE HOUSING AS A PERMITTED USE; AND PROVIDING DEVELOPMENT STANDARDS AND REGULATIONS; PROVIDING FOR INCREASED DENSITY AND LOW- IMPACT DEVELOPMENT ON SMALLER LOTS WITHIN THE CITY LIMITS; AMENDING CONFLICTING PROVISIONS OF THE CITY'S COMPREHENSIVE PLAN; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERENCE; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City's Comprehensive Plan supports development that provides for an increase in the variety of housing types available for smaller households and encourages creative and high quality infill development that fosters a sense of community, WHEREAS, The City's Comprehensive Plan supports the growth management goal of more efficient use of urban residential land through flexibility in density and lot standards and providing development standards to ensure compatibility with surrounding land uses, WHEREAS, The City's Comprehensive Plan supports development that makes efficient use of land and public services, and accommodates a range of housing needs while providing for compact and compatible building and site design at an appropriate neighborhood scale which reflects the neighborhood character, WHEREAS, The City supports development that reduces reliance on the automobile for neighborhood travel and provides options for walking, bicycling, and direct and convenient access to schools, parks and neighborhood services, WHEREAS, The City supports development that helps infiltrate stormwater, reduces stormwater runoff, and thereby reduces the City's stormwater burden and costs, and helps to protect the water quality of the City's bays and estuaries, WHEREAS, Counties and cities planning under the Growth Management Act are required to plan for the availability of affordable housing for all economic segments as part of their planning effort and encourage the creation of more usable open space that is shared and centralized for residents of the development, and therefore, cottage housing is a housing alternative that jurisdictions should consider. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: —313— EXHIBIT C Cottage Housing District Ordinance Page 2 of 36 SECTION 1. The Corpus Christi Zoning Ordinance is amended by adding a new Article 6B to read as follows: ARTICLE 6B. COTTAGE HOUSING DISTRICT (CHD) 6B -1. Definitions. The following definitions are specific to this Article: 6B -1.1 Cluster. A group of four to 12 cottages, with reduced setbacks between cottages, associated with a common open space. 6B -1.2 Common Open Space. An area of green space improved for passive recreational use or gardening. Common open spaces are required to be owned and maintained commonly, as set forth through a homeowners' association or similar mechanism. 6B -1.3 Cottage. A single family detached dwelling unit that is part of a cottage housing development. 6B -1.4 Cottage Housing Development One to five clusters of cottages developed under a single development plan, or as part of another development plan. 6B -1 -5 Effective Impervious Cover. The impervious cover that provides stormwater flows fairly directly and quickly to streams. For example, a paved basketball court surrounded by grass lawn at a school might have less impact (less effective impervious cover) than the same court surrounded by paved parking areas, contributing to increased stormwater run -off. 6B -1.6 Footprint. The gross floor area of a cottage's ground -level story, excluding any garage. 6B -1.7 Open Porch. A roofed structure, open at front and sides and unscreened, proiectinq from the face of a building and used to protect an entrance. 6B -1.8 Planned Unit Development (PUD). A zoning classification and regulatory process that allows flexibility in the design of a grouping of varied and compatible land uses, such as housing, recreation, commercial centers, and industrial parks, all within one contained development or subdivision, where overall density limits are generally set for the entire subdivision, and allowing for any dwelling units within the development to be clustered to promote common open space. 6B -1.9 Private Open Space. Individual private lot area made available for private use by a cottage owner and includes the square footage of the required open front porch. H: \PLN -DIR \SHARED \1. Planning Commission\2009 PC\\b@9lAing Reports \December 09\Dec. 9, 2009 \Cottage Housing District Cottage Housing District Ordinance Page 3 of 36 6B -2. Purpose and intent. The intent of a Cottage Housing District (CHD) is to promote a traditional neighborhood development pattern on a scale which serves to maintain and enhance existing small -city character. The cottage housing development design standards contained in this section are intended to create a small community of cottages associated with a common open space that is pedestrian- oriented and minimizes the visibility of off - street parking. The cottage housing development design standards are intended to: (1) Provide more - affordable housing primarily for single person households, dual -owner households, retirees, small families, and their occasional quests. (2) Provide housing development which would otherwise be precluded by contemporary lot size, setbacks, and parking requirements. (3) Allow higher residential density than is normally allowed in a single- family zoning district. This increased density is possible through the use of smaller than average home and lot sizes, reduced setbacks, clustered parking, and more compact, and low impact site design. (4) Specify a maximum square footage of residences in cottage household developments in order to prevent overbuilding of the site and exceeding available off - street parking. (5) Encourage efficient use of land by concentrating earth work activities and preserving large sections of open space, and by fostering infill development over existing infrastructure. (6) Foster resource and energy conservation by allowing for the construction of homes with smaller environmental footprints. Fulfill the intent of the City's Comprehensive Plan policies by utilizing efficient land use development techniques to provide affordable housing and promote in -fill development, and provide opportunities for home ownership: (7) 6B -3. Applicability and District Allowances. (A) Rezoning to a Cottage Housing District is recommended in, but not limited to, the following existing zoning districts following rezoning to a Cottage Housing District: "F -R" Farm -Rural 121 "RE" Residential Estate H:\PLN -DIR \SHARED \l. Planning Commission\2009 PC\770/ lo5irTg Reports\December 09\Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 4 of 36 ,(1). "RA" One- family dwelling "R -1A" One - family dwelling "R -1 B" One - family dwelling "R -1C" One- family dwelling "AT" Apartment- Tourist (commercial tourist rental and single - family residential detached uses only, excluding townhome, duplex, triplex, condominium, and multiple - family residential uses, and in compliance with requirements of this Article). "B -2A" Barrier Island Business (commercial tourist rental and single - family residential detached uses only, excluding townhome, duplex, triplex, condominium, and multiple - family residential uses, and in compliance with requirements of this Article). (B) Commercial use of cottages for commercial leasing purposes must comply with the International Building Codes (IBC) and the City's Fire Department Codes and is only permitted in the "AT" Apartment- Tourist and "B -2A" Barrier Island Business Districts following rezoning to the Cottage Housing District. (C) The proposed rezoning to a Cottage Housing District in any district other than the districts listed in Section 6B -3(A) above is discouraged, unless the proposed use is compatible with the surrounding land uses and the City's adopted Future Land Use Map, and consistent with the City's Comprehensive Plan. (D) A Cottage Housing District consists of detached single family cottages in a cluster, associated with a central shared open space, and shall have the following characteristics: Each cottage has the construction characteristics of a single family house. Cottages are located on platted lots, and may share use of a common facility as an accessory use, such as a community center. al Homeowner's Association Requirements. A Cottage Housing Development must have a homeowner's association for the ownership and management of shared facilities, common open space, and common parking areas. H :\PLN -DIR \SHARED \l. Planning Commission\2009 PC\2099lking Reports\December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 5 of 36 The covenants, conditions, and restrictions will be automatically renewable at the end of the established term unless 51% of the members agree to dissolve the association and the dissolution of the association is approved by the City. IL DI a cottage unit is leased for more than 30 days the terms of the lease must be shown within the deed restrictions, and are enforceable through the Home Owner's Association. Cottage units rented or leased for Tess than a 30 -day period shall be considered a commercial use and are only permitted in districts which were previously zoned as "AT" Apartment- Tourist or "B -2A" Barrier Island Business Districts, and must be constructed in accordance with IBC standards. Proposed deed restrictions must be submitted with the plat submittal and must include a statement that individually platted lots and common open spaces within the cottage development will not be further divided into smaller tracts. The deed restrictions must be recorded and noted on the plat, and are enforceable through the Home Owner's Association. Cottage Housing Districts will only be permitted in areas served by public sewer and water, except when the proposed development is part of a comprehensive development plan which provides for adequate infrastructure through phased development. The Applicant proposing to rezone a property to the Cottage Housing District must provide evidence that sufficient and adequate infrastructure facilities and capacity exist to sustain the proposed higher densities onsite. H: \PLN- DIR\SHARED \I. Planning Commission\2009 PC \270/ loli g Reports \December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 6 of 36 If adequate infrastructure and capacity does not exist on the proposed development site, the Applicant must indicate what services will be provided to meet the densities of the development. New Cottage Housing Development should incorporate stormwater low impact development techniques whenever possible. 6B -4. Density, Minimum Lot Areas and Widths. (A) The Cottage Housing District allows for smaller lot areas and increased densities from 5 to 12 dwelling units per acre. (B) A Cottage Housing Development requires a minimum of acre of land. (C) A Cottage Housing Development (CHD) is composed of clusters of cottages with: (1) Minimum units per cluster: 5 (2) Maximum units per cluster: 12 (3) Maximum clusters per CHD: 5 (D) A Cottage Housing Development consisting of a single cluster must have a minimum of 5 cottage units onsite. (E) Cottage Housing Development Size. Examples of cottage site layouts are included as Figures 1, 2, and 3. Fig. 1. One Cluster Layout. Fig. 2. Multiple Cluster Layout. H:\PLN- DIR\SHARED \1. Planning Commission\2009 PCTA9 kung Reports \December 091Dec. 9, 2009 \Cottage Housing District Cottage Housing District Ordinance Fi • . 3. Beach Desi. n Page 7 of 36 A Cottage Housing Development may not exceed five acres in total site area. A Cottage Housing Development may exceed five acres in size if it is part of a Planned Unit Development (PUD), designed and developed according to the design and development standards under this Article, and the project incorporates mixed residential densities and commercial uses. 2. If more than five cottage clusters are part of a Planned Unit Development, each additional five clusters must be separated from any other cluster or existing cottage housing development by a distance of at least 1,000 feet. (F) The minimum street frontage width of an entire Cottage Housing Development is 50 feet. (G) An individual platted interior cottage lot must have a minimum front lot width of at least 25 feet. (H) The front building line around the circular portion of a cul -de- sac or the circular portion of a knuckle where a street makes a turn may be reduced to no less than fifteen (15) feet. 6B -5 Maximum Impervious Cover. (A) Cottage Lot Impervious Allowance. The maximum effective impervious cover within an individually platted cottage unit lot must not exceed 65% of the lot area. H: \PLN -DIR \SHARED \1. Planning Commission\2009 PC\2A91Z1ining Reports \December 09\Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 8 of 36 (B) Total Project Impervious Allowances. The maximum impervious cover for the entire development cannot exceed 65 %, unless the design incorporates low- impact stormwater and pervious surface techniques. 21 The total allowable maximum impervious cover of the entire Cottage Housing Development may be increased if low- impact stormwater and pervious surface techniques are incorporated into the design of the Cottage Housing Development in the following manner: r'a Where best management practices are used to capture, retain, and infiltrate stormwater where possible on -site, and it can be shown through engineering analysis to be capable of retaining the first 2 inches of the 2, 10, and 25 year design storms from a portion of the site, the impervious fraction of the site that is serviced by these Best Management Practice(s) may be deducted from the total impervious cover on the site. If porous paving technologies, including pervious concrete and pavers, are properly installed, maintained, and incorporated into the design of the project for the driveways, parking areas, sidewalks, or paths, these areas will be considered 100 percent pervious and will not count against any total allowable impervious percentage on site, nor will they be considered impervious in determining the hydrologic runoff of that portion of the property. The total impervious rooftop area used for calculating the total site imperviousness can be effectively reduced where a portion of the rooftop rainwater runoff is collected by gutters or other conveyances and directed into a rain barrel, vegetated swale, underground storage container, rain garden, or other infiltration - based (preferable) or retention -based technique designed and sized in accordance with, and acceptable under, the City's Best Manaqement Practices (BMP) Manual. H:\PLN -DIR \SHARED \I. Planning Commission\2009 PC\ Qoning Reports\December 09\Dec. 9, 2009 \Cottage Housing District Cottage Housing District Ordinance Page 9 of 36 Lcu Stormwater retention ponds are not considered an acceptable best management practice (BMP) unless they include a vegetated littoral shelf or other vegetated component intended to provide water quality treatment. Lel Construction plans detailing the construction of the vegetated component, including target side slopes, depths, retention time, proposed plant species, and a long -term maintenance plan must be pre- approved by the City's Development Services Department. fl If wetlands, as delineated by the U.S. Army Corp of Engineers (USACE) or another environmental professional, are protected onsite by buffering, silt fencing, or other (USACE) practices both during construction and from the impacts of future adjacent land use activities, the onsite wetlands may be counted for up to 50% of the common open space requirements. 1,g). Non - jurisdictional wetlands, i.e. those for which impacts would not require a US Army Corps of Engineering permitting process, may be counted in a 2:1 ratio (i.e. 2 acres of open space credit for every 1 acre of wetland preserved) up to 50% of the total open space requirement for the site. fill Preservation of jurisdictional wetlands (those for which impacts would require USACE permitting) can be used in a 1:1 ratio to offset up to 50% of the total open space requirement. 6B -6. Required Open Space. (A) Common Open Space. Each cluster of cottages must have commonly owned common open space, owned by all the members of the Cottage Housing Development, to provide a sense of openness and community for residents. fll It is intended that the common open space be adequately sized and centrally located with at least 75% of individual cottage entrances oriented towards the open space, or towards a walkway leading to the open space. H: \PLN -DIR \SHARED \1. Planning Commission \2009 PC\20C5 ?ol ing Reports December 09\Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 10 of 36 A minimum of four hundred (400) square feet of landscaped common open space per cottage unit is required for the exclusive use of the cottage home residents. 2. Common open space provided and dedicated to the Cottage Housing Development will be accepted in lieu of the Community Enrichment Fund fee required for development projects, provided that the minimum 400 sq. feet per dwelling unit of common open space is provided within the development. iLn Required common open space may be divided into no more than two separate areas per cluster, with each piece counting toward the requirement measuring a minimum of 20 ft. on at least one side. The common open space area must be improved for passive recreation or gardening and incorporate seating areas or gathering places, such as gazebos, game tables, or small covered picnic pavilion area. Common open space must be bordered on at least two sides by cottage units. All of the cottage units in a cluster must be within 100 feet walking distance of the common open space. Parking areas, yard setbacks, spaces between buildings of 10 feet or Tess in width, private open space, and driveways do not qualify as common open space. Sidewalks and paths within the development should be constructed of pervious surfaces whenever possible. (10) Common open space area must be at least 75% vegetated (as opposed to gravel, swimming pools, or other pervious ground cover or structures), and landscaped with water -wise and drought tolerant plant species approved and consistent with the City's Landscaping Ordinance plant list. H:\PLN -DIR \SHARED \I. Planning Commission\2009 PC721?gmng Reports\December 09\Dec. 9, 2009 \Cottage Housing District Cottage Housing District Ordinance Page 11 of 36 (11) A community building adjacent to or within the common open space area is strongly encouraged, and will not require a pitched roof if a community green roof garden or roof -top deck is incorporated into the design of the building. (12) Ten percent of the total common open space square footage requirement may be used towards the construction of a community building onsite. (B) Private Open Space. al Each cottage unit lot must have a minimum of 200 square feet of private open space per unit, including the required front porch. The private open space must be contiguous to each unit, and may not have a dimension of less than four feet on any one side adjacent to each dwelling unit. The private open space may be separated from the common open space with a small hedge, picket fence, split rail fence, or other similar visual separation to create a sense of separate ownership. Fences constructed in private open space areas are subject to the requirements of Section 6B -18 under this Article. 6B -7. Ownership and Residential Use of Cottages. (A) Cottages within a Cottage Housing Development District are for residential use only, and must be held in fee simple ownership, and cannot be used for business, industrial uses, or commercial uses unless established as outlined under Section 6B -3(B). (B) Community buildings, parking areas and common open space shall be owned and maintained commonly by the Cottage Housing Development residents, through a homeowners' association, or a similar mechanism, and shall not be dedicated to the municipality. H:\PLN- DIR\SHARED \1. Planning Commission\2009 PC12 00;gang Reports \December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 12 of 36 6B -8. Architectural Design Standards. (Examples of cottage exterior and interior architectural designs can be viewed under Appendices A and B). Typical cottages have a medium pitch hip or gable roofs; double -hung, vertical windows, symmetrically arranged; wide horizontal or vertical siding; front porches across all or most of the front elevation with decorative post and balustrade; with or without exterior steps, and decorative fences. (A) Design Requirements. For every four units within a cluster, at least two basic floor plans and at least two elevations must be provided. 21 A floor plan may be reversed or flipped and submitted as a separate floor plan once within a cluster. L31 Manufactured, pre - fabricated, and modular homes are not permitted within a Cottage Housing Development. The front of the home shall have one or more transparent windows totaling at least eight square feet, and a decorative door in color or style. Windows located on the side of a cottage home must be located to avoid a direct view into a neighboring cottage, or implement a window pane design that screens or masques the view from adjacent cottages. (B) Street Facing Facade Design Standards and Orientation. The street facing facades of cottages in a cottage housing development will contribute to the neighborhood by including attractive design details such as windows, changes in materials, and views of front doors or porches. The main entries of some cottages will be visible from the adjacent streets to provide a visual pedestrian connection with the surrounding neighborhood. Where a public street fronts a portion of the Cottage Housing Developments not including private alleys or private drives, at least one cottage must have its front main entry door and front porch visible from each public street frontage. H:\PLN -DIR \SHARED \1. Planning Commission\2009 PC\20 ;Z4 ing Reports \December 09\Dec. 9, 2009 \Cottage Housing District Cottage Housing District Ordinance Page 13 of 36 Each remaining unit abutting a public street, not including private alleys or private drives, and not required to have its front main entry door and front porch visible from the public street, shall have a secondary covered entrance, porch, bay window or other architectural enhancement oriented to the public street. gl Each cottage home shall include windows and /or doors that comprise at least 25 percent of any street - facing facade. (C) Height. LU The maximum building height of all buildings in a cottage home development is 28 feet at the ridge, excluding chimneys or cupolas. 21 The maximum height of a proposed Cottage Housing Development structure located within a flood zone may be increased, to measure no more than 28 feet above the point designated as 1 foot above the Base Flood Elevation (BFE), provided that the total maximum height of the structure measured from the grade does not exceed 35 feet, except as provided under Section 6B- 8(C)(3) below. Dwelling units proposed within a Cottage Housing Development previously zoned as a an "AT" Apartment- Tourist or "B -2A" Barrier Island Business District may not exceed 28 feet above the point designated as 1 foot above the Base Flood Elevation (BFE). (D) Exterior trim and roof eave design. Cottage Housing Development structures shall be provided with substantial exterior trim elements. Roofs in cottage housing developments shall have eaves to efficiently shed rain, and provide rain protection for exterior walls. All structures in the cluster development shall have pitched roofs, excluding common buildings when roof- top decks are incorporated. 21 Eaves of at least 12 inches must be provided on all cottage structures on at least two sides of each building. H:\PLN- DIR\SHARED \1. Planning Commission\2009 PC\ a 2tmg Reports \December 09\Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 14 of 36 Window and door trim with a minimum width of three and one -half inches shall be provided on all cottage housing development structures. Where buildings are not square (one set of exterior parallel walls are longer than the other), the eaves shall be provided on the parallel walls that are the longest. Cottage siding must be a minimum of 6 inches in width, and may be either horizontal or vertical plank siding, constructed of wood, Hardyplank, or vinyl, provided that the development is not located in, or in conflict with, the Island Overlay District and the requirements of Section 13A- 11.03(A) for vinyl material usage. (E) Colors. fn The Applicant is required to submit a proposed cottage exterior and trim color palette at the time of site plan submittal, showing which colors will be used within the project. Exterior colors chosen for cottage and accessory buildings must adhere to the submitted and approved color palette for the development. Several different color schemes should be used for the cottage units and accessory buildings on -site. 6B -9. Floor. Area. (A) The minimum total square foot area for a cottage home is 800 square feet. (B) The total square foot area of a cottage may not be increased from the original square footage. H:\PLN- DIR\SHARED \l. Planning Commission\2009 PC12.09'2A5 Reports \December 09\Dec. 9, 2009 \Cottage Housing District Clydinanre Cottage Housing District Ordinance Page 15 of 36 (C) Cottage Floor Area Requirements. IL A minimum of 75 percent of the total number of units shall not exceed 1,200 square feet, not including interior spaces with Tess than six feet of overhead room, architectural projections such as bay windows, fireplaces or utility closets no greater than 24 inches in depth and six feet in width, detached garages /carports, attached unenclosed porches, and breezeways. 21 Twenty -five percent of the total number of units may exceed 1,200 square feet but shall not exceed 1,400 square feet, not including interior spaces with less than six ft. of overhead room, architectural projections such as bay windows, fireplaces or utility closets no greater than 24 inches in depth and six feet in width, detached garages /carports, attached unenclosed porches, and breezeways. 0 For any cottage home, the floor area square footage of a second story shall be no greater than 60 percent of the first story floor area 6B -10. Setbacks and Yards. (A) There must be a minimum interior cottage unit separation of eight feet between each cottage dwelling unit and all building walls onsite. (B) There must be a minimum separation between adjacent eaves of six feet. (C) Projections may extend into the required separation for the following: al Eaves may not exceed 12 inches. H: \PLN -DIR \SHARED \1. Planning Commission\2009 PC\200PZding Reports \December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 16 of 36 21 Minor appurtenances such as pipes, qas and electrical meters, alarm systems, air vents, and downspouts. Architectural projections such as bay windows, and fireplaces, up to 12 inches. (D) Front and rear yard setbacks for individual unit lots must not exceed 30 feet combined, and must not be less than five feet for either yard. (E) Zero lot line development in a Cottage Housing Development is permitted, provided that an eight foot private access easement is provided on the lot adjacent to the property line where the building is being placed, and the easement is clearly detailed and explained on the plat. All additional zero lot line development shall follow the standards established under Section 24 -2. 6B -11. Porches. (A) All residences in cottage housing developments must be provided with a covered main entry porch to create a private outdoor space protected from the weather and provide a transition from the interior private residential space to the semi- private outdoor space. (B) The covered entry porch should be oriented to the common open space or connected to the common open space by a walkway. (C) The front porch shall be at least 70 square feet in area with a minimum dimension of seven feet in any direction (length or width) on any side. (D) Front porches must not be enclosed, including screening, but rear screened porches are optional in the design of the cottage. 6B -12. Walkways. (A) A Cottage Housing Development is required to construct sidewalks along all public streets. (B) A system of interior walkways must connect each cottage to the common area, to the parking area, and to the sidewalks abutting any public streets bordering the Cottage Housinq Development. H: \PLN -DIR \SHARED \1. Planning Commission\2009 PC \270/ Zotiir Reports \December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 17 of 36 (C) Each interior path, walkway, or sidewalk, must be buffered by 5 additional feet of vegetated space on each side, with a minimum separation of 14 feet between two facing cottage porches along a path or walkway (Figure 4). Figure 4. 6B -13. Exterior Lighting. l� L�l 4 Fe.ttP4111 1 F _Feet 1 "r eet. 14 F.'t Miutitnaut Set, I tieu B:etweGJP FAcitrg P,ncites, (A) When Lighting Plans are required, Cottage Housing Developments must be designed to minimize light and noise impacts, both within the development and to adjacent properties. (B) Where provided, the light source from exterior lighting must be shielded from direct observation from above, adjacent properties, cottage units, and public rights -of -way. Lighting "spillover" to adjacent properties must be avoided. (C) If lighting is proposed within the development, the type and layout design proposed for the project must be submitted in a lighting plan concurrent with the site plan submittal. (D) Lighting Guidelines. in Interior paths and walkways. Interior paths and walkways, along and between cottages, should be lighted through the use of ground lighting not to exceed 3 feet in height. H: \PLN- DIR\SHARED \l. Planning Commission\2009 PC0C3 ing Reports\December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 18 of 36 Lantern style pedestrian lights may also be used near the front entry walk to each cottage unit in combination with path lighting to achieve adequate lighting overlap for increased security and safety. Lci Hybrid solar /hard -wired lightinq_ is encouraged, along with LED, incandescent, compact fluorescent, induction, or metal halide lighting fixtures. Mercury vapor and high- pressure sodium lamps are not recommended. Common Open Space Areas. Lai Common open space areas should be lighted, and should implement lantern or similar pole - mounted style lighting fixtures along walkways, not to exceed 12 feet in height. ILDi Interior pathways within the common open space may also include ground lighting. Lci Hybrid solar /hard - wired lighting is encouraged, along with LED, compact fluorescent, induction, or metal halide lamps. Incandescent, mercury vapor, or high- pressure sodium lighting are not recommended, (3) Interior Street, Driveway, and Parking Lighting. Lai Street, driveways, and parking lighting within the Cottage Development must be of sufficient height to adequately Tight the parking areas and drives of the development with adequate lighting overlap for security. ILDi Street lighting may utilize compact fluorescent, induction, or metal halide lamps. Incandescent, mercury vapor, or high - pressure sodium lamps are not recommended unless utilized on fixtures with heights over 20 feet. (4) Public Right -of -way Lighting. Street lighting on public right -of -ways must follow the City's established codes. H:\PLN -DIR \SHARED \1. Planning Commission\2009 PC 10anTig Reports \December 09\Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 19 of 36 6B -14 Heating and Cooling Equipment Noise and Screening. (A) Heating and cooling equipment must be located behind the primary structure, or screened by fencing or landscape hedging, not to exceed the height of the cooling unit to decrease visibility from the front of each cottage. (B) Fence screening for heating and cooling units must be consistent with the requirements of Section 6B -18. 6B -15. Driveways. (A) Driveway Design. Pervious materials in the construction of all driveways in a Cottage Housing Development are strongly encouraged, and may be excluded to an extent from the maximum effective impervious cover requirements for the development, if pervious materials are utilized and constructed as outlined under Section 6B- 5(B)(3)(a). (B) Private Driveways. The maximum driveway width on a platted cottage unit lot is 10 feet for individual cottage unit lots with a single car garage, and 18 feet for lots with two -car garages. gl Access to private driveways on a cottage unit lot must be.made via a private alley or private drive. Tandem parking is permitted in the rear yard of a platted cottage unit lot, provided that the minimum length of the driveway is 25 feet, or 15 feet if the . driveway serves a private garage on the cottage unit lot. Where tandem parking is utilized, no vehicle may obstruct, overhang, or be located in, a private or public alley, right -of -way, pedestrian path, walkway, or sidewalk. (C) Common Drives and Driveways. al The minimum common driveway access width within all Cottage Housing Developments must be at least 20 feet wide. H:\PLN -DIR \SHARED \1. Planning Commission\2009 PC\20091otmg Reports \December 09\Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 20 of 36 All other driveway dimensions for the project must be in compliance with the City of Corpus Christi's Manual of Driveway Design and Construction Standards. 6B -16. Parking Standards. (A) Parking within all Cottage Housing Developments may be provided by private garages located on each individually platted cottage unit lot, through clustered parking (preferably covered), or a combination of both to meet the minimum parking requirements of the development, and must be provided as follows: 111 Parking for the Cottage Housing Development must be located on the Cottage Housing Development property. Off - street common parking must be located and designed to be less visible from frontage streets than the cottages themselves. Off - Street common and private parking and garages must be set back a minimum of 20 feet from public street frontage (Figure 5). Figure 5. .LZ Off - street common parking must be clustered either off of an alley or a private driveway with not more than five abutting spaces. Common parking lots and garages must not be located between the Cottage Housing Development and the primary street frontage. H: \PLN -DIR \SHARED \1. Planning Commission\2009 PE\AA king Reports\December 09 \Dec. 9, 2009 \Cottage Housing District Cottage Housing District Ordinance Page 21 of 36 Parking may be in or under a structure, or outside a structure, provided that parking is screened from direct street view by garage doors, or by solid landscaped screening (Figure 6). Solid- surfaced fencing for vehicular and garaqe screening is not permitted as an architectural screen unless approved under the fence standards of Section 6B -18. Figure 6. Required Vehicular /Parking Area Screening. Side vriUt txreeniog Off- street common parking lots should be designed so that the "first flush ", (defined here as the first 2 inches of runoff in any rain event), is captured and infiltrated on -site using low impact development techniques, such as directing flow to a pervious concrete or gravel section of the lot, or to an adjacent vegetated area. Parking outside a structure must not be located between cottages, except for between a community center and a cottage, nor in any front yard, or in any street setback. (B) Required Number of Parking Spaces. Vehicle parking is required on the Cottage Housing Development site as follows: For dwellings that do not exceed 1,000 square feet and are part of a site located within 1,500 feet of a transit stop: an average of 1.25 parking spaces per unit is required, rounded up to the next whole number. H:\PLN -DIR \SHARED \1. Planning Commission\2009 PC \20 9 ohing Reports \December 09\Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 22 of 36 al For dwellings that are at least 1,000 square feet and up to 1,400 square feet, and are part of a site located within 1,500 feet of a transit stop: 1.5 parking spaces per unit is required, rounded up to the next whole number. 2. For dwellings that do not meet the basic criteria of Section 6B- 16(B)(1) and (2) above, a minimum of two parking spaces per unit is required. In all cases, a maximum of 2 spaces per unit are permitted. L Guest parking shall be located on site and /or along improved street frontage adjacent to the subject property to equal 0.5 guest parking spaces per dwelling unit. Guest parking may be clustered with resident parking; however, the spaces shall include clear signaqe identifying them as reserved for visitors. If on- street public parking is available adjacent to the site, the number of available quest parking spaces required under this section may be reduced by the number of public on- street parking spaces available. 6B -17. Garages. (A) Private single and two -car garages are permitted on individually platted cottage unit lots, provided that all private garages; L Must be served by a private alley or private driveway. Must be located behind the principal structure. L May not occupy more than 30% of the required rear yard. May not be located in a street side lot line (i.e. between a public street and a cottage unit). May not be located any closer than 3 feet from a common private drive or alley. H:\PLN -DIR \SHARED \l. Planning Commission\2009 PC\23ning Reports \December 09 \Dec. 9, 2009 \Cottage Housing District Cottage Housing District Ordinance Page 23 of 36 (B) Private garages on individual cottage lots may be connected by an open breezeway, provided that the garage is located in a rear yard. (C) Common garage structures are prohibited within 20 feet of a public street. (D) The design of privately owned or common garage or carport, including roof lines, must be similar to, and compatible with, that of the dwelling units within the Cottage Housing Development, and the color scheme must adhere to the submitted color palette for the development. (E) A pitched roof design must be provided for all private garages on an individual cottage unit lot. (F) Garage designs and construction should incorporate additional storage space in the roof portions of the garage for cottage owner storage use. (G) Garage door designs within the "A -T" Apartment- Tourist and "B -2A" Barrier Island Business Districts must incorporate a decorative surface compatible with the design of the cottage units. The use of window panes in the design is encouraged. (H) Garages must not be constructed or converted for a quest house, residential living space, commercial, or home business uses. 6B -18. Fences. (A) Interior front and side yard fencing. All fences on individual cottage unit lots located in any front or side yard forward of the back wall of the cottage facade, shall be no more than 48 inches in height. Lll Front fences must be picket, split rail, or any decorative fencing design outlined under Section 6B- 18(B)(2) below. Wire and chain -link fences and walls constructed across the front of the cottage development site or in front of individual cottage unit lots are prohibited, with the exception of low stone walls no higher than 3 feet that are a part of the developers design scheme for the project. H: \PLN -DIR \SHARED \l. Planning Commission\2009 PC\20(Zoing Reports \December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 24 of 36 (B) Rear yard fencing. Fences may be constructed along the side, and rear side yard property line of a cottage unit lot as follows, provided that the fence is not constructed any further to the front of the cottage lot than the rear facade or back wall of the cottage unit; f_11 The height of a fence constructed along a rear or rear -side property line may not exceed 6 feet in height. 21 The rear or rear -side yard fencing materials permitted in a Cottage Housing District are: fal Solid vinyl picket design fences, provided that the color matches or is compatible with the exterior color schemes or trim of the cottage and the submitted color palette, and provided that the development is not located in, or in conflict with, the Island Overlay District and the requirements of Section 13A- 11.03(A) for vinyl material usage. 11 Solid wood picket design fences, provided that all the exterior surfaces of the fence are fully painted or color- stained and maintained to match, or be compatible with, the exterior color schemes or trim of the cottage and the submitted color palette. Non- solid, alternating picket -style wood, or vinyl picket fences, provided that all the exterior surfaces of the fence are fully painted or color- stained and maintained to match, or be compatible with, the exterior color schemes or trim of the cottage and the submitted color palette, and provided that the development is not located in, or in conflict with, the Island Overlay District and the requirements of Section 13A- 11.03(A) for vinyl material usage. Natural split rail fences. Fences must not be placed in a right -of -way. H: \PLN- DIR\SHARED \1. Planning Commission\2009 PC\2.glning Reports\December 09 \Dec. 9, 2009 \Cottage Housing District Cottage Housing District Ordinance Page 25 of 36 L Fences may be prohibited in rear or rear -side yards of cottage unit lots if it is determined that fire vehicular or equipment access requirements preclude the fence construction and obstruction of the required access. (E) Fencing must not be located within, or obscure the visibility triangle of any driveway or right -of -way within the Cottage Housing Development. (F) A screening fence up to six feet in height must be provided along property lines as a visual buffer, and constructed as outlined under Section 6B- 18(B)(2)(a), (b), or (c) above, when the Cottage Housing Development is located adjacent to any developed lot. Fencing is not required when the Cottage Housing Development is located adjacent to lots that have been developed for single- family and multiple - family residential uses in the following zoning districts: F -R and RE, (Fencing is required where oil & gas wells or telecommunication facilities exist) RA R -1A R -1 B R -1 C al AT B -2A (G) Fencing as a visual buffer between Cottage Housing Developments and adjacent undeveloped, vacant lots is not required. 6B -19. Accessory Uses and Structures. (A) Accessory dwelling units are not permitted within a Cottage Housing Development. (B) With the exception of community buildings or private garages outlined under Section 6B -17 of this Article, accessory structures are not permitted on individual cottage Tots. H:\PLN- DIR\SHARED \1. Planning Commission\2009 PC\20A 7 ing Reports \December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 26 of 36 (C) If a private garage is not provided on an individual cottage unit lot, the developer of Cottage Housing Development must provide a storage structure on each of the cottage unit lots where a garage is not present, for the storage of tools, and other personal items belonging to the cottage owner. The size of the storage structure must not exceed the maximum 30% coverage of the rear yard requirement, or the maximum impervious lot area allowance for each cottage unit lot as determined under Section 6B -5. (D) An elevated deck up to 3 foot high is permitted within the rear yard of a private cottage lot and in the common open space areas. 6B -20. Landscaping Requirements. (A) Cottage housing developments shall be designed to incorporate existing trees and palms to the greatest extent possible. New trees and plants must be planted to meet the landscape material requirements of the City's Landscaping Code point requirements, and should be located, To create amenities in the common open space and private open space. 21 To provide shade where appropriate. To create separation between buildings when desired. L To screen and soften the perimeter of parking areas and street facing sides of cottage housing developments. (B) Landscape Plan Design Requirements. When landscaping is required in accordance with the City's Landscaping Ordinance, the required Landscaping Plan must be submitted concurrently with the Site Plan and detail, illustrate, and show the following in addition to the requirements listed under Section 27B -11 of the City's Landscaping Ordinance: L The use of native plant species and xeriscape (drought tolerant) landscaping is very strongly encouraged. H:\PLN -DER \SHARED \1. Planning Commission\2009 PC\200oKing Reports\December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 27 of 36 21 The most drought tolerant plants should be located in the southern or western facing portions of the landscape which tend to be hottest, and driest. gl Plants with similar watering needs must be grouped together by watering zones shown on the Landscape Plan, with plants having higher watering requirements located in the shade, or located next to or in close proximity to the outflow route of alternative sources of water, such as downspouts, rain barrels, or other rainwater catch systems. O Cottage Housing Developments proposed within previously zoned "AT" Apartment- Tourist and "B -2A" Barrier Island Business Districts are required to provide landscaping for the entire development and meet the standards for new development under Section 27B- 3.01(B) of the City's Landscaping Ordinance, when the development is proposed for commercial /tourist and single- family residential uses. (C) Irrigation. When irrigation is required in accordance with the City's Landscaping Ordinance, underground irrigation systems within a Cottage Housing District must include the following: in If utilized, drip and micro irrigation zones should be separated from overhead sprinkler zones, to prevent water loss from evaporation. Irrigation systems must be designed with rain sensor shut -off devices and a water controller that can be programmed for different run times for different zones, and programmable for a choice of different days for irrigation. Irrigation construction plans must include a "water use budget" that is available to the homeowners association that outlines the different watering zones, precipitation rates for theplants in each zone, the gallons per minute required for each zone, and the location of the emergency shut -off valve. Installed irrigation systems must meet the requirements of the City's Plumbing Codes. H: \PLN -DIR \SHARED \1. Planning Commission12009 PC\2TittMAR Reports\December 09\Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 28 of 36 6B -21. Stormwater Low Impact Development and Design. (A) Cottage Housing Developments must be designed, to the greatest extent possible, to take advantage of open space and landscaped features to utilize stormwater low impact development techniques including natural filtration and on- site infiltration of stormwater. (B) Low impact development techniques for stormwater management must be used wherever possible. Such techniques may include, but are not limited to: The use of pervious concrete or porous pavers in parking areas and for walkways. 2 Directing roof drains and parking lot runoff to rain gardens or landscape beds. 2 The use of rain barrels for rainwater capture and reuse. Incorporating on -site wetland areas as part of the required common open space, as outlined under Section 6B- 5(B)(3)(c). n Cottages and parking areas must be located so as to preserve as much contiguous and permanently undeveloped open space, and natural vegetation as possible in order to maximize filtration and infiltration of stormwater. 6B -22. Additional Requirements and Standards. (A) Emergency Access. Common drives within a Cottage Housing Development that are not designed to provide an "in and out" through -way through the proiect site and create dead -ends must provide an emergency vehicle turnaround area if the common drive exceeds 150 feet in length. All common drives proposed for use by emergency vehicles within the Cottage Housing Development must be at least 20 feet in width. H:\PLN -DIR \SHARED \l. Planning Commission\2009 PC\TOM n ing Reports \December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 29 of 36 2 All Cottage Housing Developments should be designed so that at least one side of each building is within 50 feet of emergency vehicle access, as measured by a clear path along the ground (Figure 7). Figure7. Paths & sidew•a11cs cot atext IFarliilig to eacli tllilt &: each unit to the common o eli space. ALLEY Access to common open space areas within the development may be used to meet the 50 foot minimum requirement for this Section, provided that the common open space being utilized for this purpose is, at a minimum, 20 feet in width and contains no obstacles for emergency vehicle use. Clustered Pathan) off alleys: prett11'aIi1Y covered Cr}I ill 114Y1I tJatt "a +Jes; 1I+1 111.04-e tl i'al a cmrsecutive spaces ili a row. 1V1Ili. 20 Foy }t Cleat ant e 1300 Sq. Ft. 1400 Sq. Ft. cottage wiJarage a Foot Milt. jrksje BuildilkJ `+elkaratHN I 20 Ft_ 1'100 Sq. Ft. cottage, wrgarage cottage 4aragP 1100 Sq. Ft. 1200 Sq. Ft.. 1000 900 Sq. Ft. Sq. R. 1200 Sq. Ft. At least one side of each structure Iintstfall within 501t. of eniergelicY veliidle access. Coliilnon dace inay also Ike used. ALLEY Side-wall( R.eq. 25 of units iiiay he 1400 seq. It or less: 14 Ft. MIL. SPa'Cili[J Iket:Weeir faiiurg IFS ?i'cIfies rir 0 2:r 75'°' ;<of ruins must he 1200 eq. ft or less. H: \PLN -DIR \SHARED \1. Planning Commission\2009 PC\4'L1ing Reports\December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 30 of 36 (B) Off - Street Loading Requirements. There are no off - street loading requirements in the "CHD" Corpus Christi Cottage Housing Development District. (C) Trash. Trash receptacles for the development may be provided either through an individual container for each cottage unit or through a communal trash receptacle system. Lil All communal trash receptacles on -site must be screened by a painted solid or alternating plank/picket fence or vinyl picket fence, with double door fronts, to screen the receptacles from public view. All trash collection receptacles must be made accessible by trash collecting vehicles. (D) Special Permits to establish a use within a Cottage Housing Development that conflicts with the standards of this Article are prohibited. H:\PLN -DIR \SHARED \l. Planning Commission12009 PC\Ztft 4o1n g Reports \December 09\Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 31 of 36 Appendix A. Examples of Established Cottage Housing Development Exteriors. (Courtesy of Ross Chapin Architects) H:\PLN -DIR \SHARED \l. Planning Commission\2009 PC \27:11:g fo `ling Reports\December 09\Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 32 of 36 Appendix B. Examples of Established Cottage Housing Development Interiors. (Courtesy of Ross Chapin Architects) H:\PLN -DIR \SHARED \l. Planning Commission\2009 PC04 Zoning Reports \December 09\Dec. 9, 2009\Cottage Housing District Cottage Housing District Ordinance Page 33 of 36 SECTION 2. Amending Article 4A. "F -R" Farm -Rural District Regulations, Section 4A -2 "Use Regulations ", by adding "Cottage Housing Development" as a permitted use to read as follows; Section 4A -2 Use Regulations. (2) * * * Cottage Housing Development. (3) Temporary farm labor camps other than manufactured homes, incident and necessary to the gathering of the crops growing on the premises. * * * SECTION 3. Amending Article 4B. "RE" Residential Estate District Regulations, Section 4B -2 "Use Regulations ", by adding "Cottage Housing Development" as a permitted use to read as follows; * * * Section 4B -2 Use Regulations. * * * (2) Field and truck crops. Cottage Housing Development. (3) Field and truck crops. * * * SECTION 4. Amending Article 4C. "RA" One - Family Dwelling District Regulations, Section 4C -2 "Use Regulations ", by adding "Cottage Housing Development" as a permitted use to read as follows; * Section 4C -2 Use Regulations. * * * * (3) Home-eGGupatieRs. Cottage Housing Development. (4) Home occupations. H: \PLIY- DIR\SHARED \1. Planning Commission12009 PC\2 054o5ng Reports \December 09\Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 34 of 36 SECTION 5. Amending Article 5. "R -1A" One - Family Dwelling District Regulations, Section 5 -2 "Use Regulations ", by adding "Cottage Housing Development" as a permitted use to read as follows; Section 5 -2 Use Regulations. * * * (3) Churches and parish halls, tcmplcs, co-Fiverts, and monasteries. Cottage Housing Development. (4) Churches and parish halls, temples, convents, and monasteries. * SECTION 6. Amending Article 10. "AT" Apartment - Tourist District Regulations, Section 10 -2 "Use Regulations ", by adding "Cottage Housing Development" as a permitted use to read as follows; * * * Section 10 -2 Use Regulations. (2) * * * . Cottage Housing Development for commercial/ tourist rental and single- family residential detached uses only, excluding townhome, duplex, triplex, condominium, and multiple- family residential uses. (3) Two - family dwellings other than manufactured homes. * * * SECTION 7. Amending Article 13. "B -2A" Barrier Island Business District Regulations, Section 13 -2 "Use Regulations ", by adding "Cottage Housing Development" as a permitted use to read as follows; Section 13 -2 Use Regulations. * * * H:\PLN -DIR \SHARED \l. Planning Commission\2009 PC\28c4 §oning Reports\December 091Dec. 9, 2009 \Cottage Housing District Cottage Housing District Ordinance Page 35 of 36 (13) €ueing. Cottage Housing Development for commercial/ tourist rental and single- family residential detached uses only, excluding townhome, duplex. tri -plex, condominium and multiple- family residential uses. (14) Fueling. SECTION 8. The Corpus Christi Zoning Ordinance is hereby amended by assigning new lettering to the entire Article 6B "R -TH Townhouse Dwelling District Regulations" and subsections to read: Article 6BC "R -TH Townhouse Dwelling District Regulations ". SECTION 9. That the Corpus Christi Zoning Ordinance, approved on the th day of , 200_, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 10. That to the extent that this amendment to the Corpus Christi Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Corpus Christi Zoning Ordinance, as amended by this ordinance. SECTION 11. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 12. 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 may 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 13. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3, Corpus Christi Zoning Ordinance. SECTION 14. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 15. This Ordinance shall take effect upon and after publication of this Ordinance. H: \PLN- DIR\SHARED \1. Planning Commission\2009 PC\2gi tiding Reports \December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 36 of 36 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 200_, by the following vote: Joe Adame Priscilla G. Leal Mark Scott John E. Marez Larry Elizondo, Sr. Nelda Martinez Brent Chesney Kevin Kieschnick Chris Adler 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 Mark Scott John E. Marez Larry Elizondo, Sr. Nelda Martinez Brent Chesney Kevin Kieschnick Chris Adler PASSED AND APPROVED this the day of , 2009. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED: day of , 2009: R. Jay Reining First Assistant City Attorney For City Attorney H:\PLN -DIR \SHARED \1. Planning Commission\2009 PC720Z'bmng Reports \December 09\Dec. 9, 2009 \Cottage Housing District ORDINANCE AMENDING THE CORPUS CHRISTI ZONING ORDINANCE BY REVISING THE ARTICLE 6B TITLE AND ADDING A NEW ARTICLE 6B, TITLED "COTTAGE HOUSING DISTRICT "; BY INCLUDING NEW DEFINITIONS; BY REVISING THE NEW SECTION 6C -2 AND SECTIONS 4A 2, 4B 2, 4C 2, 5 2, 7 -2, 8 -2, 8A -2t 9 -2, 10 -2, 11 -2, 12 -2, 12A -2, 13 -2, AND 14A -2 TO ALLOW COTTAGE HOUSING AS A PERMITTED USE; AND PROVIDING DEVELOPMENT STANDARDS AND REGULATIONS; PROVIDING FOR INCREASED DENSITY AND LOW — IMPACT DEVELOPMENT ON SMALLER LOTS WITHIN THE CITY LI A fS; AMENDING CONFLICTING PROVISIONS OF THE CITY' ,OMPREHENSIVE PLAN; REPEALING CONFLICTING ORD • PROVIDING FOR SEVERENCE; PROVIDING FOR P ° ALTIE' a ' ROVIDING FOR PUBLICATION; AND PROVIDING FF'ECTIV`TE. WHEREAS, The City's Comprehensive Pia pporis;development 'Orovides for an increase in the variety of housing type Gila a for smaller households and encourages creative and high quality infill de opment that fosters a sense of community, WHEREAS, The City's Comprehend goal of more efficient use of urban redden and lot standards and • ofding devel with surrounding la supports t sta WHEREAS, They Cr efficient use of land a needs while "r�� g fo appropEr a neig sod WHET automobi and direct a The City s u neighbor `' • nvenie rowth management flexibility in density s to ensure compatibility hensive PI `$: `vpports development that makes s a a, accommodates a range of housing pad and cmpatible building and site design at an le which reflects the neighborhood character, orts eevelopment that reduces reliance on the d travel and provides options for walking, bicycling, access to schools, parks and neighborhood services, WHEREAS, The supports development that helps infiltrate stormwater, reduces stormwater runoff, and thereby reduces the City's stormwater burden and costs, and helps to protect the water quality of the City's bays and estuaries, WHEREAS, Counties and cities planning under the Growth Management Act are required to plan for the availability of affordable housing for all economic segments as part of their planning effort and encourage the creation of more usable open space that is shared and centralized for residents of the development, and therefore, cottage housing is a housing alternative that jurisdictions should consider. —349— EXHIBIT D Cottage Housing District Ordinance Page 2 of 39 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. The Corpus Christi Zoning Ordinance is amended by adding a new Article 6B to read as follows: ARTICLE 6B. COTTAGE HOUSING DISTRICT (CHD) 6B -1. Definitions. The following definitions are specific to this Article: 6B -1.1 Cluster. A group of four to 12 cottages, with reduced setbacks between cottages, associated with a common open space. 6B -1.2 Common Open Space. An area of green ace improved for passive recreational use or gardening. C on open spaces are required to be owned and maintainedmm. it as set forth through a homeowners' associationr similar anism. 6B -1.3 Cottage. A single family detached dwelling unit tha s •artof a cottage housing developmen 6B -1.4 Cottage Housing Development.e" to five clusters of cottages developed under a single development Ian, or as part of another development plan. 6B -1 -5 Effective Impervious �� ver � � impervious cover that provides stormwater.flows fairly dir` Viand ... 41y to streams. For example, a paved : all court surrounded iy grass lawn at a school mi • P _.., ve les • act leseffective im • ervious cover than the unded by Pav ed parking areas, contributing to 6B -1.6 Foo excludi oss floor area of a cottage's ground -level story, e. 6B -1.7 ;':_Open Por A roofed structure, open at front and sides and creene projecting from the face of a building and used to t an entrance. 6B -1.8 Plan "d Unit Development (PUD). A zoning classification and regulatory process that allows flexibility in the design of a grouping of varied and compatible land uses, such as housing, recreation, commercial centers, and industrial parks, all within one contained development or subdivision, where overall density limits are generally set for the entire subdivision, and allowing for any dwelling units within the development to be clustered to promote common open space. H: \PLN -DIR \SHARED \1. Planning Commission12009 PC\ t EAR Reports\December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 3 of 39 6B -1.9 Private Open Space. Individual private lot area made available for private use by a cottage owner and includes the square footage of the required open front porch. 6B -2. Purpose and intent. The intent of a Cottage Housing District (CHD) is to promote a traditional neighborhood development pattern on a scale which serves to maintain and enhance existing small -city character. The cottage housing development design standards contained in this section are intended to create a small community of cottages associated with a common open space that is pedestrian- oriented and minimizes the visib p of off - street parking. The cottage housing development design.standards are intended to: (1) Provide more - affordable housirktprimar Iy for single person households, dual -owner households, retires;. small families, and their occasional quests. (2) Provide housing develo precluded by contempora requirements-:,, (3) ch:would otherwise be ize, setbacks, and parking Allow higher residential : density than is normally allowed in a single - family zoning d his increased density is possible through the use of'sfier than average home and reduced sacks, clustered parking, and more a' and low im - ct site design. (4) cify ' 'mum s•u' -re footage of residences in cottage hour oldents in order to prevent overbuilding of available off - street •arkin (5) Enblurage�lficient use of land by concentrating earth work actiies and preserving large sections of open space, and by fcterinq infill development over existing infrastructure. (6) (7) ter resource and ener• conservation b allowin• for the onstruction of homes with smaller environmental footprints. Fulfill the intent of the City's Comprehensive Plan policies by utilizing efficient land use development techniques to provide affordable housing and promote in -fill development, and provide opportunities for home ownership: H:\PLN- DIR\SHARED\1. Planning Commission \2009 PC\200; nkng Reports\December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance 6B -3. Applicability and District Allowances. - • Page 4 of 39 but not limited to, the following existing zoning districts "F R" Farm Rural "RE" Residential Estate "R/1" One family dwelling "R 1A" One family dwelling 0_1 "R 1 B" One family dwelling "R 1C" One family dwelling (A) Cottage Housin' in t i, R -TH, R -2, onin• (Br all be a permitted use AT, AB, B -1, B -1 A, B -2A, icts. ousinq Depments may be considered in R- 1,R -1B, R -1C, 1 -1, 1 -2, and 1 -3 Zoning rezonin ' • rocess to the Cotta . e t Dis Pte'. Pl- l'a,. -. - •.IT She,: \tea - - - - - #hn ( ilftts retrinmr^hrtrikse. DIn (B} (C)Commercial use of cottages for commercial leasing purposes must comply with the International Building Codes (IBC) and the City's Fire Department Codes and is only permitted in the "AT" Apartment- Tourist and "B -2A" Barrier Island Business Districts following rezoning to the Cottage Housing District. H:\PLN- DIR\SHARED \1. Planning Commission\2009 PC\20U5 §offing Reports\December 09\Dec. 9, 2009 \Cottage Housing District n_a: Cottage Housing District Ordinance Page 5 of 39 (D) A Cottage Housing District consists of detached single family cottages in a cluster, associated with a central shared open space, and shall have the following characteristics: Each cottage has the construction characteristics of a single family house. Cottages are located on platted lots, and may share use of a common facility as an accessory use, such as a community center. Homeowner's Association Requuirements. A Cottage Housing Development mustve a homeowner's association for the ownenthipird ownership management of shared facilities, common space, and common parking areas. The coven ints, conditions, and restrictions will be automatica yenewable at the end of the -established term` less 51% of the members o dissolve t e;f ssociation and the of the ass ion is approved by diisto thei If a ccitfacie unit is eased for more than 30 days th terms of the lease must be shown within th tdeed restrictions, and are enforceable throu • h the Home Owner's ion. ottage units rented or leased for Tess than a 0 -day period shall be considered a commercial use and are only permitted in districts which were previously zoned as "AT" Apartment- Tourist or "B -2A" Barrier Island Business Districts, and must be constructed in accordance with IBC standards. Proposed deed restrictions must be submitted with the plat submittal and must include a statement that individually platted Tots and common open spaces within the cottage development will not be further divided into smaller tracts. The deed restrictions must be recorded and noted on the plat, and are enforceable through the Home Owner's Association. H:\PLN -DIR \SHARED \1. Planning Commission\2009 PC\2003Lnidg Reports \December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 6 of 39 Cottage Housing Districts will only be permitted in areas served by public sewer and water, except when the proposed development is part of a comprehensive development plan which provides for adequate infrastructure through phased development. Lai The Applicant proposing to rezone a property to the Cottage Housing District must provide evidence that sufficient and adequate infrastructure facilities ancitcapacity exist to sustain the proposed higher densities onsite. If adequate infrast ctufnd capacity does not exist on the; • r osed development site, the Applican - t indicate services will be provide'to meet the densit.• f the develo 01 New Cottage Housi velopment should incorporate stormwater impact development technique :z r enever poste. 6B-4. Density, Minimum Lotrea (A) qe Housi District a ows for smaller lot areas and ensities ism 5 to 12 dwelling units per acre. (C) ttag= ®, ing Development (CHD) is composed of rs of Mtages with: (1) Minimum units per cluster: 5 (2) Maximum units per cluster: 12 Maximum clusters per CHD: 5 Iopment requires a minimum of 1/2 A Cottage Housing Development consisting of a single cluster must have a minimum of 5 cottage units onsite. Cottage Housing Development Size. Examples of cottage site layouts are included as Figures 1, 2, and 3. H:\PLN -DIR \SHARED \1. Planning Commission\2009 PC\20 §o ing Reports \December 091Dec. 9, 2009 \Cottage Housing District nrriinanre Cottage Housing District Ordinance Page 7of39 Fig. 1. One Cluster Layout. Fig. 2. Multiple Cluster Layout. ottage Hou >ng- Development may not exceed five n total sitarea. ttage Housing Development may exceed five ac``'_ size if it is part of a Planned Unit Devbpment (PUD), designed and developed according to the design and development standards under this Article, and the proiect incorporates mixed residential densities and commercial uses. If more than five cottage clusters are part of a Planned Unit Development, each additional five clusters must be separated from any other cluster or existing cottage housing development by a distance of at least 1,000 feet. (F) The minimum street frontage width of an entire Cottage Housing Development is 50 feet. (G) An individual platted interior cottage lot must have a minimum front lot width of at least 25 feet. H:\PLN -DIR \SHARED \1. Planning Commission\2009 PC\200r§ng Reports \December 09\Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 8 of 39 (H) The front building line around the circular portion of a cul -de- sac or the circular portion of a knuckle where a street makes a turn may be reduced to no less than fifteen (15) feet. 6B -5 Maximum Impervious Cover. (A) Cottage Lot Impervious Allowance. The maximum effective impervious cover within an individually platted cottage unit lot must not exceed 65% of the lot area. (B) Total Project Impervious Allowances x,. al The maximum impervious _ verflfor the entire development cannot exceed unless the design incorporates low - impact stormwater and pervious surface technique The total allo entire Cottage Ho increased if low -imp surface echniques are the Co:ousin• Deve aximnrn impervious er of the pment maybe ormwater and pervious porated into the design of ent in the followin manner: Whe st ma= ment practices are used to captua r- retain, ad infiltrate stormwater where possibl :: n -site, and it can be shown through enginee£r analysis to be capable of retaining Inches of the 2 10 and 25 ear storms from a portion of the site, the impervious fraction of the site that is serviced these Best Management Practice(s) may be deducted from the total impervious cover on the site. If porous paving technologies, including pervious concrete and pavers, are properly installed, maintained, and incorporated into the design of the project for the driveways, parking areas, sidewalks, or paths, these areas will be considered 100 percent pervious and will not count against any total allowable impervious percentage on site, nor will they be considered impervious in determining the hydrologic runoff of that portion of the property. H: \PLN -DIR \SHARED \1. Planning Commission\2009 PC\nna5kii g Reports\December 09 \Dec. 9, 2009 \Cottage Housing District Cottage Housing District Ordinance Page 9 of 39 The total impervious rooftop area used for calculating the total site imperviousness can be effectively reduced where a portion of the rooftop rainwater runoff is collected by gutters or other conveyances and directed into a rain barrel, vegetated swale, underground storage container, rain garden, or other infiltration - based (preferable) or retention -based technique designed and sized in accordance with, and acceptable under, the City's Best Management Practices (BMP) Manual. Stormwater retention, onds are not considered an acceptable bestma ement practice (BMP) unless they;includ "vegetated littoral shelf or othergetated component intended to provide water quality treatment.: -., Lej, Construction � � s.. lansfiletailing the construction of the vegetate s% iponent, including target side slopes, depths, ritention time, proposed plant so -- and a lone -term maintenance plan rapproved,bythe City's ervices>TDepartment. If wetids, as delineated by the U.S. Army Corp o Engineers ( USACE) or another environntal professional, are protected onsite by: uffering, silt fencing, or other ) practices both during construction and from the impacts of future adjacent land se activities the onsite wetlands may be counted for up to 50% of the common open space requirements. Non - jurisdictional wetlands, i.e. those for which impacts would not require a US Army Corps of Engineering permitting process, may be counted in a 2:1 ratio (Le. 2 acres of open space credit for every 1 acre of wetland preserved) up to 50% of the total open space requirement for the site. au Preservation of jurisdictional wetlands (those for which impacts would require USACE permitting) can be used in a 1:1 ratio to offset up to 50% of the total open space requirement. H: \PLN -DIR \SHARED \1. Planning Commission\2009 PC1200 ;2 2ng Reports \December 09\Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 10 of 39 6B -6. Required Open Space. (A) Common Open Space. Each cluster of cottages must have commonly owned common open space, owned by all the members of the Cottage Housing Development, to provide a sense of openness and community for residents. (� It is intended that the common open space be adequately sized and centrally located with at least 75% of individual cottage entrances oriented towards the open space, or towards a walkway leading to the open space. 21 A minimum of four hundre square feet of landscaped common op spacer cottage unit is required for the exce.use of thbttage home residents. 2, Common open sp provided and dediced to the Cottage Housing De ment will be accepted in lieu of the Community Enrid -nt Fund fee required for develo roiects, provided that the minimum 400 sq. feet tr ' ;q unit of Wihon open space is provided within u lopment. quired coimnon ope space may be divided into no e than twoeparate areas per cluster, with each Ate counting " rd the requirement measuring a of 20ry, on at least one side. ,common open space area must be improved for palWeitecreation or gardening and incorporate seati areas or gatherinq places, such as gazebos, game tables, or small covered picnic pavilion area. Common open space must be bordered on at least two sides by cottage units. 21 All of the cottage units in a cluster must be within 100 feet walking distance of the common open space. Parking areas, yard setbacks, spaces between buildings of 10 feet or less in width, private open space, and driveways do not qualify as common open space. H:\PLN- DIR \SHAREDU. Planning Commission\2009 Pna 5ning Reports \December 09 \Dec. 9, 2009 \Cottage Housing District Cottage Housing District Ordinance Page 11 of 39 a Sidewalks and paths within the development should be constructed of pervious surfaces whenever possible. (10) Common open space area must be at least 75% vegetated (as opposed to gravel, swimming pools, or other pervious ground cover or structures), and landscaped with water -wise and drought tolerant plant species approved and consistent with the City's Landscaping Ordinance plant list. (11) A community building adjacentloo or within the common open space area i. ongly encouraged, and will not require a pitclieaVattif a community green roof garden or roof -top de :IS incorporated into the design of the builnq. (12) Ten percent of the total common open s e=square footage requireme naybbeused towards'the construction of a community building onsite. (B) Private Open pace. Each cott a unit must have a minimum of 200 square feetWpfiVate'dif space per unit, including the required dint porch, - stt T private open space must be contiguous to each md,.may nothave a dimension of less than four feet on aav oie side adjacent to each dwelling unit. Th: &ivate open space may be separated from the com`ron open space with a small hedge, picket fence, split rail fence, or other similar visual separation to create a sense of separate ownership. Fences constructed in private open space areas are subject to the requirements of Section 6B -18 under this Article. 6B -7. Ownership and Residential Use of Cottages. (A) Cottages within a Cottage Housing Development District are for residential use only, and must be held in fee simple ownership, and cannot be used for business, industrial uses, or commercial uses unless established as outlined under Section 6B -3(B). H:\PLN- DIR\SHARED \l . Planning Commission\2009 PC\2CU r ig Reports \December 09\Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 12 of 39 (B) Community buildings, parking areas and common open space shall be owned and maintained commonly by the Cottage Housing Development residents, through a homeowners' association, or a similar mechanism, and shall not be dedicated to the municipality. 6B -8. Architectural Design Standards. (Examples of cottage exterior and interior architectural designs can be viewed under Appendices A and B). Typical cottages have a medium pitch hip or gable roofs; double -hung, vertical windows, symmetrically arranged; wide horizontal or vertical siding; front porches acros all or most of the front elevation with decorative post and balu ale; with or without exterior steps, and decorative fences. (A) Design Requirements. ,(,l For every four units within a cluster, at least two basic floor plans and= -ast two; elevations must Abe provided. 21 A floor lan may be reversed or flipped and submitted as a separate floor plan owithin a cluster. Manufact red, p 4 icated. and modular homes are not permitt - within a a=ge Housing Development. Tim front of th-.home shall have one or more transparent windows totaling at least eight square a decorative door in color or style. rdows located on the side of a cottage home must be d to avoid a direct view into a neighboring cottage, or implement a window pane design that screens or masques the view from adjacent cottages. Street Facing Facade Design Standards and Orientation. TO street facing facades of cottages in a cottage housing • evelopment will contribute to the neighborhood by including attractive design details such as windows, changes in materials, and views of front doors or porches. The main entries of some cottages will be visible from the adjacent streets to provide a visual pedestrian connection with the surrounding neighborhood. H: \PLN -DIR \SHARED \1. Planning Commission\2009 PC\20c fbQr Reports\December 09 \Dec. 9, 2009 \Cottage Housing District frriinanne Cottage Housing District Ordinance Page 13 of 39 .l Where a public street fronts a portion of the Cottage Housing Development, not including private alleys or private drives, at least one cottage must have its front main entry door and front porch visible from each public street frontage. Each remaining unit abutting a public street, not including private alleys or private drives, and not required to have its front main entry door and front porch visible from the public street, shall have a secondary covered entrance, poach, bay window or other architectural enhancementddented to the public street. 121 Each cottage home shall ,include Windows and /or doors that comprised ast 25 percent of any street - facing facade. (C) Height. The maximum building ° ''. ht of all buildings in a cottagelialle developmefls 28 feet at the ridge, excluding c i a_ s or cupola's The maxirnan,heigh l !proposed Cottage Housing located within a flood zone nay be increased, to measure no more than 28 feet above the point Designated as 1 foot above the Base levation FE), provided that the total axial ' .'ht of the structure measured from the de does not exceed 35 feet, except as provided un Section 6B- 8(C)(3) below. Dwelling units proposed within a Cottage Housing Development previously zoned as a an "AT" Apartment- Tourist or "B -2A" Barrier Island Business District may not exceed 28 feet above the point designated as 1 foot above the Base Flood Elevation (BFE). (D) Exterior trim and roof eave design. Cottage Housing Development structures shall be provided with substantial exterior trim elements. Roofs in cottage housing developments shall have eaves to efficiently shed rain, and provide rain protection for exterior walls. H: \PLN -DIR \SHARED \I. Planning Commission\2009 PC\200ng Reports \December 09\Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 14 of 39 al All structures in the cluster development shall have pitched roofs, excluding common buildings when roof- top decks are incorporated. Eaves of at least 12 inches must be provided on all cottage structures on at least two sides of each building. Window and door trim with a minimum width of three and one -half inches shall be provided on all cottage housing development structures, Where buildings are not scqua. (one set of exterior parallel walls are longer tnther), the eaves shall be provided on the arallel js that are the longest. _...ry Cottage siding: be a minimum of 6 r 'class in width, and may be _ her siding, constructed o providad . that the deve conflict` ' ,; he Island 0 require material usage. ontal or vertical plank Hardyplank, �or vinyl, ent is not located in, or in ay District and the 3(A) for vinyl A• • licant i`" - • uired to submit a • ro • osed • alette at the time of p a 4 °'dal, showing which colors will be used n the project. 6B -9. Floor Area. Exterior colors chosen for cottage and accessory buildings must adhere to the submitted and approved color palette for the development. Several different color schemes should be used for the cottage units and accessory buildings on -site. (A) The minimum total square foot area for a cottage home is 800 square feet. (B) The total square foot area of a cottage may not be increased from the original square footage. H:\PLN -DIR \SHARED \1. Planning Commission \2009 PC\2bUaA g Reports \December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 15 of 39 (C) Cottage Floor Area Requirements. it A minimum of 75 percent of the total number of units shall not exceed 1,200 square feet, not including interior spaces with less than six feet of overhead room, architectural projections such as bay windows, fireplaces or utility closets no greater than 24 inches in depth and six feet in width, detached garages /carports, attached unenclosed porches, and breezeways. Twenty -five percent of the tot t umber of units may exceed 1,200 square feet • hall not exceed 1,400 square feet, not includin paces with less than six ft. of overhead r m, aaitectural projections such as bay windo fireplaces orlit closets no greater than 24 i { °es in depth and si feet in width, detached gar., arports, attached unenclosed porches, and bre.a for any y cotta e home, the floor area square footage 4,second story shall be no greater than 60 percent of f '=f� =mot story floor area 6B -10. Th d Yards. e must be a minimum interior cottage unit separation of , ,.. ht feet between each cotta •e dwellin• unit and all buildin walls onsite. (B) There must be a minimum separation between adjacent eaves of six feet. (C) Projections may extend into the required separation for the following: al Eaves may not exceed 12 inches. H: \PLN -DIR \SHARED \1. Planning Commission\2009 PC\2QD9rd8>3g Reports \December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 16 of 39 21 Minor appurtenances such as pipes, gas and electrical meters, alarm systems, air vents, and downspouts. (3) Architectural projections such as bay windows, and fireplaces, up to 12 inches. (D) Front and rear yard setbacks for individual unit Tots must not exceed 30 feet combined, and must not be less than five feet for either yard. (E) Zero lot line development in a Cottaq Housing Development is permitted, provided;, at an eight foot private access easement is provided ontheW • y diacent to the property line where the buildings bean aced, and the easement is clearly detail " d explained on the plat. All additional zero lot line development shall follche standards established: A • er Section 24 -2. 6B -11. Porches. (A) All residences in cottage housing developments must be provided with a co Q ain entry orch to create a private outdoor space p tecte•..;; a the weather and provide a tra s.ttion from thentr pi `"esidential space to the to outdoo" space. d entry pohould be oriented to the common o •;s •4 r.connected to the common open space by a cfrshall be at least 70 square feet in area with a um dr ension of seven feet in any direction (length or side. porches must not be enclosed, including screening, rear screened porches are optional in the design of the of, ottage. 6B -12. Walkways. (A) A Cottage Housing Development is required to construct sidewalks along all public streets. (B) A system of interior walkways must connect each cottage to the common area, to the parking area, and to the sidewalks abutting any public streets bordering the Cottage Housing Development. H: \PLN -DIR \SHARED \I. Planning Commission12009 PC\2I 6141FReports \December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 17 of 39 Each interior .ath walkwa or sidewalk must be buffered by 5 additional feet of vegetated space on each side, with a minimum separation of 14 feet between two facing cottage porches along a path or walkway (Figure 4). Figure 4. 6B -13. Exterior Lighting. 19 Foot Minimum Separation Between Facing Porches (A) When Lighting Iia equired, Cage Housing Developments must be designed tatlinimize Tight and noise impacts, both within, the development and to adjacent vided, the lit source from exterior lighting must ire a#' observation from above, adjacent nits, and public rights -of -way. Lighting acent .ro•erties must be avoided. (C) If Ii ing i roposed within the development, the type and lays" design proposed for the project must be submitted in a liq: ling plan concurrent with the site plan submittal. (D).:ghtinq Guidelines. fil Interior paths and walkways. Interior paths and walkways, along and between cottages, should be lighted through the use of ground lighting not to exceed 3 feet in height. H:\PLN- DIR\SHARED \1. Planning Commission\2009 PC\2 081417 Reports\December 09\Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 18 of 39 ,j Lantern style pedestrian lights may also be used near the front entry walk to each cottage unit in combination with path lighting to achieve adequate lighting overlap for increased security and safety. Hybrid solar /hard -wired lighting is encouraged, along with LED, incandescent, compact fluorescent, induction, or metal halide lighting fixtures. Mercury vapor and high- pressure sodium lamps are not recommended. Common Open Space A Lai Common open space are .should be lighted, and should i ent lanterir similar pole - mounted s`e lighting fixturesn walkways, not to exteed 12 feet in height. Interior path w within the common open space may also de ground lighting. tins is encouraged, aloe g wit omct fluorescent, indu ion or m lide lamps. Incan scent, mercury vapor, or high- pressure sodium'ighting are not recommended, treet ' rivewav, and Parking Lighting. Street, driveways, and parking lighting within Cotta • e Develo • ment must be of sufficient eight to adequately Tight the parking areas and drives of the development with adequate lighting overlap for security. Street lighting may utilize compact fluorescent, induction, or metal halide lamps. Incandescent, mercury vapor, or high- pressure sodium lamps are not recommended unless utilized on fixtures with heights over 20 feet. (4) Public Right -of -way Lighting. Street lighting on public right -of -ways must follow the City's established codes. H: \PLN -DIR \SHARED \I. Planning Commission\2009 PC\ ng Reports \December 09\Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 19 of 39 6B -14 Heating and Cooling Equipment Noise and Screening. (A) Heating and cooling equipment must be located behind the primary structure, or screened by fencing or landscape hedging, not to exceed the height of the cooling unit to decrease visibility from the front of each cottage. (B) Fence screening for heating and cooling units must be consistent with the requirements of Section 6B -18. 6B -15. Driveways. (A) Driveway Design. Pervious mated* in the construction of all driveways in a Cottage Housmq Development are strongly encouraged, and ma ' b; excluded.to an extent from the maximum effective irn, 'tour cover re requirements for .w the development, if pervious materials are utilized and constructed as outlined Wider Section 6B -5(B) ): (B) Private Driveways. The ma um driveway wi dth on a platted cottage unit lot is C •r individual cottage unit Tots with a single car garag 8 feet for lots with two -car ara es.` A�+cess to private driveways on a cottage unit lot must b iiinade via a iir vate alley or private drive. .an•eart )q is permitted in the rear yard of a ted cottage unit lot, provided that the minimum lei C�of-the driveway is 25 feet, or 15 feet if the . driveway serves a private garage on the cottage unit lot. (C) Where tandem parking is utilized, no vehicle may obstruct, overhang, or be located in, a private or public alley, right -of -way, pedestrian path, walkway, or sidewalk. Common Drives and Driveways. ai The minimum common driveway access width within all Cottage Housing Developments must be at least 20 feet wide. H:\PLN- DIR\SHARED \l. Planning Commission\2009 PC\200ding Reports\December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 20 of 39 g All other driveway dimensions for the project must be in compliance with the City of Corpus Christi's Manual of Driveway Design and Construction Standards. 6B -16. Parking Standards. (A) Parking within all Cottage Housing Developments may be provided by private garages located on each individually platted cottage unit lot, through clustered parking (preferably covered), or a combination of both to meet the minimum parking requirements of the development, and must be provided as follows: Parking for the Cottage Housing ' evelopment must be located on the Cottage Housi g =Development property. "' Off - street coma ®z parkins must be loca r hd designed to be les‘.:sibleIfbm frontage greets than the cottages themse'_x Off- Stremmon and p to parking and garages must be street frori minimur>`;:20 feet from public Len Off - street common parking must be clustered either off of an alley or a private driveway with not more than five abutting spaces. Common parking lots and garages must not be located between the Cottaqe Housing Development and the primary street frontage. H: \PLN -DIR \SHARED \l. Planning Commission\2009 PC60§9ekkg Reports\December 09\Dec. 9, 2009 \Cottage Housing District Cottage Housing District Ordinance Page 21 of 39 n Parking may be in or under a structure, or outside a structure, provided that parking is screened from direct street view by garage doors, or by solid landscaped screening (Figure 6). Solid- surfaced fencing for vehicular and garage screening is not permitted as an architectural screen unless approved under the fence standards of Section 6B -18. Figure 6. Required Vehicular/Park-Area Screening. Trees Non - primary stmt Side parking with screening Primary Street Trees -Off- street coon •ar ` lots should be designed so the "first ash ", (de ined here as the first 2 inches onoff in amain event), is captured and infiltrated usinq lompact development techniques, uc flow to a pervious concrete or gravel tion of the lot, or to an adiacent vegetated area. Par fa tr outside a structure must not be located between cottages, except for between a community center and a cottage, nor in any front yard, or in any s street setback. (B) "Required Number of Parking Spaces. Vehicle parking is required on the Cottage Housing Development site as follows: al For dwellings that do not exceed 1,000 square feet and are part of a site located within 1,500 feet of a transit stop: an average of 1.25 parking spaces per unit is required, rounded up to the next whole number. H: \PLN- DIR\SHARED \I. Planning Commission\2009 PC\200g g Reports \December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 22 of 39 f For dwellings that are at least 1,000 square feet and up to 1,400 square feet, and are part of a site located within 1,500 feet of a transit stop: 1.5 parking spaces per unit is required, rounded up to the next whole number. gl For dwellings that do not meet the basic criteria of Section 6B- 16(B)(1) and (2) above, a minimum of two parking spaces per unit is required. 01 In all cases, a maximum of 2 spaces per unit are permitted. Guest parking shall be locted.,site and /or along improved street front • eadiaceit o the subject property to equal 0. . -.stparkinq ` ces per dwelling unit. L61 Guest parking ma clustered with resi• &nt parking; however, the spaces•ii include clear signage identifying them as res d for visitors. fl If on- street . parking is :fable adjacent to the site, the numberalableguest parking spaces required un er is se'. a be reduced b the 6B -17. Gara aces available. o -car garages are permitted on platted cottage unit lots, provided that all private Mus be served by a private alley or private driveway. gl Must be located behind the principal structure. May not occupy more than 30% of the required rear yard. May not be located in a street side lot line (i.e. between a public street and a cottage unit). j May not be located any closer than 3 feet from a common private drive or alley. H: \PLN -DIR \SHARED \1. Planning Commission\2009 PC\rba7nmg Reports\December 09\Dec. 9, 2009 \Cottage Housing District Cottage Housing District Ordinance Page 23 of 39 (B) Private garages on individual cottage Tots may be connected by an open breezeway, provided that the garage is located in a rear yard. (C) Common garage structures are prohibited within 20 feet of a public street. (D) The design of privately owned or common garage or carport, including roof lines, must be similar to, and compatible with, that of the dwelling units within the Cottage Housing Development, and the color scheme rmest °adhere to the submitted color palette for the development. (E) A pitched roof design must be provided` r all private garages on an individual coit) e unit lot. (F) Garage designs and cd) structior should incorporate' additional storage space *the the roofportions of the garage for cottage owner storage de (G) Garage door d s within the "A -T" Apartment- Tourist and '# "B -2A" Barrier I,a iness Districts incorporate a decorative surfaces com le with the design of the cottage units . The use of in panel the design is ed. ust not be obstructed or converted for a quest ntial livin€ ' space, commercial, or home r front and side yard fencing. All fences on fodual cottage unit lots located in any front or side yard rd of the back wall of the cottage facade, shall be no re than 48 inches in height. 111 Front fences must be picket, split rail, or any decorative fencing design outlined under Section 6B- 18(B)(2) below. 21 Wire and chain -link fences and walls constructed across the front of the cottage development site or in front of individual cottage unit lots are prohibited, with the exception of low stone walls no higher than 3 feet that are a part of the developers design scheme for the project. H: \PLN -DIR \SHARED \l. Planning Commission\2009 PC\2004ng Reports\December 09\Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 24 of 39 (B) Rear yard fencing. Fences may be constructed along the side, and rear side yard property line of a cottage unit lot as follows, provided that the fence is not constructed any further to the front of the cottage lot than the rear facade or back wall of the cottage unit; The height of a fence constructed along a rear or rear -side property line may not exceed 6 feet in height. 21 The rear or rear -side yard fencing Materials permitted in a Cottage Housing District e: Lal Solid vinyl picket esign fps, provided that the color matcor is comp le with the exterior color schemes or trim cottage and th miffed for palette, a r provided that the de prnenfi.s. not located6in, or in conflict with, *Stand Overlay District and the requirements ofVettion 13A- 11.03(A) for vinyl I usa • e. So tek woo design fences, provided that all ti-V exterior , es of the fence are fully paint or color stined and maintained to match, or be compatible with, the exterior color scheme trim of the cottage and the miffed °color palette. Non - solid, alternating picket -style wood, or icket fences • rovided that all the exterior surfaces of the fence are fully painted or color- stained and maintained to match, or be compatible with, the exterior color schemes or trim of the cottage and the submitted color palette, and provided that the development is not located in, or in conflict with, the Island Overlay District and the requirements of Section 13A- 11.03(A) for vinyl material usage. Natural split rail fences. n Fences must not be placed in a right -of -way. H:\PLN -DIR \SHARED \1. Planning Commission\2009 PC\ZA7gning Reports \December 09\Dec. 9, 2009 \Cottage Housing District Cottage Housing District Ordinance Page 25 of 39 ,(21 Fences may be prohibited in rear or rear -side yards of cottage unit lots if it is determined that fire vehicular or equipment access requirements preclude the fence construction and obstruction of the required access. (E) Fencing must not be located within, or obscure the visibility triangle of any driveway or right -of -way within the Cottage Housing Development. (F) A screening fence up to six feet in height must be provided along property lines as a visual buffer, and constructed as outlined under Section 6B- 18(B)(2)(a b). or (c) above, when the Cottage Housing Devel nt is located adjacent to any developed lot. Fencing 4ot sired when the Cottage Housing Development locate scent to lots that have been developedisingle -fame ::.. multiple - family residential uses irethe following zonin. tricts: F -R and RE, (Fen} is r`ired where o'& gas wells o communication facilities exist) .1 RA al R -1A R-1B R -1 C (G) F sing as a visual buffer between Cottage Housing d`acent undevelo•ed vacant lots is not 6B Accessof` Uses and Structures. Accessory dwelling units are not permitted within a Cottage ing Development. (B) "- ',With the exception of community buildings or private garages outlined under Section 6B -17 of this Article, accessory structures are not permitted on individual cottage Tots. H: \PLN- DIR\SHARED \1. Planning Commission\2009 PC\2SbU g Reports \December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 26 of 39 (C) If a private garage is not provided on an individual cottage unit lot, the developer of Cottage Housing Development must provide a storage structure on each of the cottage unit lots where a garage is not present, for the storage of tools, and other personal items belonging to the cottage owner. The size of the storage structure must not exceed the maximum 30% coverage of the rear yard requirement, or the maximum impervious lot area allowance for each cottage unit lot as determined under Section 6B -5. (D) An elevated deck up to 3 foot high is peernitted within the rear yard of a private cottage lot and, he- common open space areas. 6B -20. Landscaping Requirements. (A) Cottage housing developments shall be des q ed to incorporate existing trnd pains to the gretxtent possible. New trees and is r.:bi st;be planted fre meet the landscape material requirements of the City's Landscaping Code point requirements, and sould be located, LU To creat es in the common open space and private open appropriate. T °•create separation between buildings when desired. scr soften the perimeter of parking areas street facing sides of cottage housing de = op►ents. e Plan Desi • n Re • uirements. When uired in accordance with the City's Larscaping Ordinance, the required Landscaping Plan figit be submitted concurrentl with the Site Plan and detail lustrate, and show the following in addition to the requirements listed under Section 27B -11 of the City's Landscaping Ordinance: (1) The use of native plant species and xeriscape (drought tolerant) landscaping is very strongly encouraged. H: \PLN -DIR \SHARED \I. Planning Commission\2009 PC\ZOEZglmg Reports \December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 27 of 39 The most drought tolerant plants should be located in the southern or western facing portions of the landscape which tend to be hottest, and driest. 2 Plants with similar watering needs must be grouped together by watering zones shown on the Landscape Plan, with plants having higher watering requirements located in the shade, or located next to or in close proximity to the outflow route of alternative sources of water, such as downspouts, rain barrels, or other rainwater catch systems. Cottage Housing Developments proposed within previously zoned "AT" A artmg&Tourist and "B -2A" Barrier Island Business Districts strictsliiirequired to provide landscaping- rthe entire d'ey lopment and meet the standards for new develop me ,.under Section 27B-34 ) of the,City's Lands Ordinance, when t development is proposed for commercial /tourist and ngle- family residential uses. (C) Irrigation. W the City's Land systems within a following: ation is re in accordance with rdinance,nderground irrigation rusing District must include the ilized dri arated fromiverhead sprinkler zones, to prevent as from_vaporation. ation zones should be a t ation systems must be designed with rain sensor sh ff>dlevices and a water controller that can be progi*tmed for different run times for different zones, and'programmable for a choice of different days for irrigation. Irrigation construction plans must include a "water use budget" that is available to the homeowners association that outlines the different watering zones, precipitation rates for the plants in each zone, the gallons per minute required for each zone, and the location of the emergency shut -off valve. Installed irrigation systems must meet the requirements of the City's Plumbing Codes. H:\PLN -DIR \SHARED \1. Planning Commission\2009 PC\2t7Zbng keports\December 09\Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 28 of 39 6B -21. Stormwater Low Impact Development and Design. (A) Cottage Housing Developments must be designed, to the greatest extent possible, to take advantage of open space and landscaped features to utilize stormwater low impact development techniques including natural filtration and on- site infiltration of stormwater. (B) Low impact development techniques for stormwater management must be used wherever possible. Such techniques may include, but are not limited to: L11 The use of pervious concretr porous pavers in parking areas and for walk ira 21 Directing roof drainst &.parking lot noff to rain gardens or landspe beds. g. The use of rain b reuse. Incorporating on -site wet :area as part of the required pen spacz outlined under Section 6t5(B) and parkin' areas mst be located so as to iresery s much cotiquous and permanently undeveloped n sp e, and natural getation as possible in order to mi { lion andnfiltration of stormwater. nwater captU and 6B-22. A•d i aal R == ?pi.rements and Standards. gency, Access. Common drives within a Cottage Housing Development that are not designed to provide an "in and out" through -way through the project site and create dead -ends must provide an emergency vehicle turnaround area if the common drive exceeds 150 feet in length. All common drives proposed for use by emergency vehicles within the Cottaqe Housing Development must be at least 20 feet in width. H: \PLN -DIR \SHARED \I. Planning Commission\2009 PC\2 7okng Reports \December 09\Dec. 9, 2009 \Cottage Housing District nrciinnnce Cottage Housing District Ordinance Page 29 of 39 2 All Cottage Housing Developments should be designed so that at least one side of each building is within 50 feet of emergency vehicle access, as measured by a clear path along the ground (Figure 7). Figure7. Paths & sidewalks connect parking to each unit & each unit to the common open space. Access to common open space areas within the development may be used to meet the 50 foot minimum requirement for this Section, provided that the common open space being utilized for this purpose is, at a minimum, 20 feet in width and contains-no obstacles for emergency vehicle use i. ° k Clustered Parking off alley, preferrably covered common garages, no more than 5 consecutive spaces in a row. cottage wigar age 8 Foot Min. trsst Building Separation ALLEY At least one side of each structure mast fall within 50 ft. of emergency vehicle access, Common Space may also be used. 25° of units may be 1400 sq. ft. or less 14 Ft. Min. Spacing between facing porches 75% of units must be 1200 sq. ft. or less. H: \PLN -DIR \SHARED \]. Planning Commission\2009 PC\2013aZbning Reports \December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 30 of 39 (B) Off - Street Loading Requirements. There are no off- street loading requirements in the "CHD" Corpus Christi Cottage Housing Development District. (C) Trash. Trash receptacles for the development may be provided either through an individual container for each cottage unit or through a communal trash receptacle system. All communal trash receptacles on -site must be screened by a painted solid or alternating plank /picket fence or vinyl picket fence, withd uble door fronts, to screen the receptacles from !Olio view. I_2) All trash collection receptacles rfillst be made accessible by trash cecting veh (D) Special Permits to establish a use within a Cod a Housing Development that cotiftiaimith the standards o ts Article are prohibited. H: \PLN- DIR\SHARED \1. Planning Commission12009 PC\2II03Zli09ng Reports \December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 31 of 39 endix A. Exam • les of Established Cotta • e Housin • Develo • ment Exteriors. (Courtesy of Ross Chapin Architects) H:\PLN- DIR\SHARED \1. Planning Commission\2009 PC\200 &9ng Reports \December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 32 of 39 Appendix B. Examples of Established Cottage Housing Development Interiors. (Courtesy of Ross Chapin Architects) H:\PLN -DIR \SHARED \1. Planning Commission\2009 PC723431¢r7ng Reports \December 09\Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 33 of 39 * * * * Section 4A' 2 1 lse Regulations• * * * * * * * * * • • • H: \PLN -DIR \SHARED \l. Planning Commission12009 PC\2COMning Reports \December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance * * Page 34 of 39 * * * * * Section 5 -2 U e Regulations. * * * SECTION 2. The Corpus Christi Z assigning new lettering to the entire District Regulations" and subsections rdinance is reby amended by "R -TH T. house Dwelling Article 68C " nhouse belling Distr=ict Regulations ". SECTION A dingT Ale •t" Townhouse Dwelling District Regula #, ' s, Sec `�' � ! C �° e Regulations ", by adding "Cottage Housing Dev ti ®rnent as a • e rtted o�read as follows; Section 65C se Regulations. * * * (2) Tie. Cottage Housing Development. (-) (3) Townhouse. * * * SECTION 4. Amending Article 7. "R -2" Multiple Dwelling District Regulations, Section 7 -2 "Use Regulations ", by adding "Cottage Housing Development" as a permitted use to read as follows; H:\PLN -DIR \SHARED \1. Planning Commission\2009 PC \2013 8c2i Reports \December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage 1-lousing District Ordinance Page 35 of 39 Section 7 -2 Use Regulations. (2) * * * Development. (2) (3) Two - family dwellings other than manufactured homes. * * * Cottage Housing SECTION 5. Amending Article 8. "A -1" Apartment House ct Regulations, Section 8 -2 "Use Regulations ", by adding "Cott gki busing D eloopment" as a permitted use to read as follows; Section 8 -2 Use Regulations. * (2) _ _ _ - ' - _ - _ _ �- - - Cottage Housing Development. (2) (3) Two- familVd ufactured homes. SEC, c N 6. Amens ins Articl A "A -1A" Apartment House District Regul= pt, Section . a "Use Regulations ", by adding "Cottage Housing Developm n" as a permed use to read as follows; Section 8A -2 Usetegulations. * * * * (2) _ _ - _ - _ _ _ - _ _ _ _ _ - _ _ - - . Cottage Housing Development. (2) (3) Two - family dwellings other than manufactured homes. * * * H: \PLN -DIR \SHARED \l. Planning Commission\2009 PC\261TagrarReports \December 09\Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 36 of 39 SECTION 7. Amending Article 9. "A -2" Apartment House District Regulations, Section 9 -2 "Use Regulations ", by adding "Cottage Housing Development" as a permitted use to read as follows; Section 9 -2 Use Regulations. * * * (2) _ - _ - , , - _ - _ - •• - - - - - - - - - : •- - Cottage Housing Development. (2) (3) Two - family dwellings other than manufacture horn SECTION 8. Amending Article 10. "AT" Aptmment- Tourist District Cations, Section 10 -2 "Use Regulations ", by adding "Ccage ,404„. Housing Development" as a permitted use to read as follows; Section 10 -2 Use Regulations. (2) Cottage Housing Development s : iaU tourist ental and single- family residential det home, duplex, triplex, condominium, ential uses. (3) `' - family dwe` ;� s oth ° "than manufactured homes. * * * SECTION 9. Am Article 11. "AB" Professional Office District Regulations, Section 11 -2 "Use gulations ", by adding "Cottage Housing Development" as a permitted use to read as follows; Section 11 -2 Use Regulations. (2) * * * Development. . Cottage Housing H: \PLN -DIR \SHARED \I. Planning Commission\2009 PCCLa $a nmg Reports\December 09 \Dec. 9, 2009 \Cottage Housing District nrriinanne Cottage Housing District Ordinance Page 37 of 39 {2} (3) Two - family dwellings other than manufactured homes. * * * SECTION 10. Amending Article 12. "B -1" Neighborhood Business District Regulations, Section 12 -2 "Use Regulations ", by adding "Cottage Housing Development" as a permitted use to read as follows; * Section 12 -2 Use Regulations. (3) * * * * - ctord-e4sav ner . Cottage Housincqlftevelopment. {3} (4) Display room for merchandise to be so on or rrwhere merchandise sold is stored elsewhere. SECTION 11. Amending Article 12A:", B -1 ' T i hborhOod Business District Regulations, Section 1287,2 "Use ReguIaf *� s ", by��d ing "Cottage Housing Development" as a .eftr use to rea as follows; Cottage Housing Development. * * * SECTION 12. Amending Article 13. "B -2A" Barrier Island Business District Regulations, Section 13 -2 "Use Regulations ", by adding "Cottage Housing Development" as a permitted use to read as follows; Section 13 -2 Use Regulations. * * * * H: \PLN -DIR \SHARED \1. Planning Commission\2009 PC\2bi5? i n Reports \December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance Page 38 of 39 (13) Fueling. Cottage Housing Development for commercial/ tourist rental and single- family residential detached uses only, excluding townhome, duplex, tri -plex, condominium, and multiple - family residential uses. (14) Fueling. SECTION 13. Amending Article 14A. "BD" Corpus Christi Beach Design District Regulations, Section 14A -2 "Use Regulations ", by adding "Qgttage Housing Development" as a permitted use to read as follows; * * * * Section 14A -2 Use Regulations. * (2) Cottage Housing (2 ) (3) Multi- family dwellings. SECTION 14. That th day of , 29? ordinance and any effect. SECTI Zoni Comp E, Ordinan * Iopment. s Christi ring Ordi ance, approved on the ded from tipe to time, except as changed by this nces adopt „an this date, remain in full force and t that this amendment to the Corpus Christi ents = -nation from the Comprehensive Plan, the ender o conform to the Corpus Christi Zoning this ordinance. SECTION 16 ordinance is exp rdinance or part of any ordinance in conflict with this irpealed by this ordinance. SECTION 17. 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 may 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 18. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3, Corpus Christi Zoning Ordinance. H:\PLN -DIR \SHARED \1. Planning Commission\2009 PC\098gimg Reports \December 09 \Dec. 9, 2009 \Cottage Housing District Cottage Housing District Ordinance Page 39 of 39 SECTION 19. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 20. This Ordinance shall take effect upon and after publication of this Ordinance. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 200_, by the following vote: Joe Adame Priscilla G. Leal Mark Scott John E. Marez Larry Elizondo, Sr. Nelda Martinez Brent Chesney Kevin Kieschn k Chris Adler That the foregoing ordinance was read for th this the day of , 2009, by t Joe Adame Mark Scott Larry Elizondo, Sr. Brent Chesney Chris Adler PASSED AND A ATTE e and pass • finally on owing vote: Ila G. Leal J Neldauartinez Kevin K`rschnick Armando Chaj City Secretary day of , 2009. Joe Adame Mayor APPROVED: day of , 2009: R. Jay Reining First Assistant City Attorney For City Attorney H: \PLN -DIR \SHARED \I I. Planning Commission\2009 PC\2bb9en i Reports\December 09 \Dec. 9, 2009 \Cottage Housing District Ordinance Cottage Housing District Ordinance City Council Meeting December 15, 2009 r -- 1!,i 1 4a) W 0 C)-4 P-1 cn 5 (414 � U O cn • 0 O O•'-' V) •,V" ) ,O 4mi O p •- a) o o • 0 0 � • •-1 O r o • •-1 O • b:JO E O . r..� cn clJ "C3 cd aj 1 i!1 Foster resource and ener the construction of homes with smaller 4_1 N Cli; V cn Z a) O a) 4 cn ia) a) V .S' 1 c4 .'-1 V 0 cn cn bJO0-1 cit Tr; � U � O cp • •- cc . U U It) O O JJ� •- y 1;' 'v, 74 cd a e-i's c/) P-1 Cd • cn •-1 • • •, y 4) •- U 4 C C •� •- • -- cc Ns ■Isf bJO� -• -- N 4 � � p4��� t . • 1. O v--45 • 1 0 7).14 -(e-! ,—� v-0 . •1( •1. v-0 E • • - L� CLI C/) a ;714 V V C.) _.� ca.., 0 O 1. le) •,y '0 .- Cl) O 1. 0 CID O O O .1. from another CHD. 0 O O V E O O V V O V O c■ clj � V N 4� V • arl • IL Setbacks- M between all in z 0 7 than five feet for either yard. ti u 4 cn E cu bk iv-5, O al 71 P1 u u O u cn cit O cn be u 0 cil cit V C. O vmd O 4� u E rn 0 V 0 u vmc u rt .�^ P1 cit cit vmc u cn cn u V V cit vmc cit -E E Cli 0 Tj u z 75) v-o C74 0 v-o z 4 •'-, .7c( v-d •.--1 (1) 4.) E MZ t V � � 71 N O vmd 4) 4) P, CI) .� 1 aO o (1) :mg '-45 •1-( „, z (1) 0O (1) c.) v., to, ,c) z .0 -0 (1) (1) (1,) 1c2( E 11=1 • rl -0 4_, (1) ia) E V v� •.t � O � V (1) (1) z E z o I.) o z E tA (1) � � E z V � E "S)( O � V .� • 0 N z O z E � O c.) •O z �.� (1) � . E to z e.eu ‘tio V O V ;-0 E)-( a)-( C)/( O z O Tt( EXHIBIT F Examples of Established Cottage Development Site Plans 20 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: December 15 , 2009) Case No. 1109 -03, N. M. Edificios, LLC: A change of zoning from the "F -R" Farm -Rural District to the "I -2" Light Industrial District resulting in a change of land use from farm and rural uses to light industrial use described below: 32.41 acres out of State Survey No. 402 and 316, located at 8602 State Highway 44, generally located approximately 1,500 feet east of Clarkwood South Road, and west of South Bockholt Road. Planning Commission and Staff Recommendation (November 11, 2009) Approval of the applicant's request for a change in zoning from the "F -R" Farm -Rural District to the "I -2" Light Industrial District for the development of a beer distributing business. Requested Council Action: Approval of Planning Commission and Staffs Recommendation Summary: Request: The applicant is requesting a change in zoning from the "F -R" Farm -Rural district to an "I -2" Light Industrial District for the construction of a beer distributing business. Existing Land Use: The subject property is vacant land. To the north, east, south, and west is also vacant land. Existing Zoning: The purpose of the "F -R" Farm -Rural District is to allow areas inside the city to be used for agricultural purposes and to assist in the control of scattered commercial and industrial uses of the land until infrastructure are available to the area. The "F -R" District does not require any setbacks or limits on height of structures, but does require all single family uses to be located on lots with a minimum of five acres in size. Proposed Zoning: The applicant is requesting a change in zoning to the "I -2" Light Industrial District which provides for light manufacturing, fabrication, warehousing, and wholesale distributing in high or low buildings with access to an arterial street, freeway, or railroad in central or outlying areas of the city. Residential uses are not allowed. In Article 24 of the Zoning Ordinance, the "I -2" District requires a minimum 20 -foot front yard setback and no side or rear yard setbacks unless the property is located adjacent to a residential district; in which case a 10 -foot side and rear yard setback is required. The "I -2" District does not have a minimum lot size, lot frontage, height limitation, or open space requirement, or floor area intensity factor requirement. Transportation & Circulation: The subject property has access to State Highway 44. Currently, State Highway 44 is an F -1, four -lane divided Freeway. The freeway's primary function is to serve high -speed regional and cross -town traffic. These roadways are characterized by access control and are usually multi- lane divided roads with few, if any, intersections at grade. Traffic speed is high and on- street bicycle traffic is prohibited on the main lanes. Each 2 -lane paved surface of State Highway 44 is 40 feet in width, and two, 2 -lane frontage roads parallel both sides of the freeway, each consisting of 35 foot paved surfaces. -409- Agenda Memo Case No. 1109 -03 (N. M. Edificios) Page 2 Infrastructure Demand: • Water: No water lines exist to service the subject property. A 6 -inch and 4 -inch water line runs parallel along Clarkwood South Road to the west of the subject property, and a 2 -inch and 3 -inch line runs parallel with South Bockholt Road to the east of the subject property. The Applicant will be required to extend water service to the proposed project site. • Wastewater: No wastewater lines exist to service the subject property. A 10 -inch and 8 -inch wastewater line runs parallel along Clarkwood South Road, approximately 1,400 feet west of the subject property The Applicant will be required to extend wastewater service to the proposed project site. ❖ Stormwater: A stormwater drainage ditch/easement lies along the western boundary of the subject property. • Gas: Gas service is not available to the subject property. Public Safety: • Police: The subject site is located within the A20 Directed Patrol District. This district experienced 274 crimes in 1993, with an increase of 38 crimes for a total of 312 reported crimes in 2005. • Fire & Rescue: Fire Station #12 located at 2120 Rand Morgan Road and is the closest fire and rescue center to the subject property, located approximately 3.5 miles from the subject property. The closest fire hydrant is located approximately 1,680 feet to the west of the subject property on Clarkwood South Road. Environmental Constraints: • FEMA Flood Zone: Flood Zone "X ", areas outside the 1- percent annual flooding chance. • Wetlands: No wetlands exist on or near the subject property. Notification: Of the three (3) notices mailed to the surrounding property owners within the 200 foot notification area and the six (6) notices mailed outside the notification area, one notice was returned in favor and zero was returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. FGM/dlg Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) Juan Perales, P.E. Assistant City Manager of Development Services Email: johnnyp @cctexas.com Phone: 361-826-3828 Senior Planner kir) H:\PLN -D1R \SHARED \l. Planning Commission\2009 CC\Dec. '09\Agenda Memo 1109- 03.doc —410— CITY COUNCIL ZONING REPORT Case No.: 1109 -03 Planning Commission Hearing Date: November 11, 2009 Applicant & Legal Description Applicant: N.M. Edificios, LLC Owner: N.M. Edificios, LLC Agent: Robert M. Viera, P.E. /LNV, Inc. Legal Description/Location: 32.41 acres out of State Survey No. 402 and 316, located at 8602 State Highway 44, generally located approximately 1,500 feet east of Clarkwood South Road, and west of South Bockholt Road. Zoning Request From: "F -R" (Farm - Rural) District To: "I -2" (Light - Industrial) District Area: 32.41 acres Purpose of Request: A change in zoning from the "F -R" (Farm - Rural) District to the "I -2" (Light - Industrial) District for construction of a beer distributing business. Existing Zoning and Land Uses Zoning Existing Land Use Future Land Use Site "F -R" (Farm -Rural) District Vacant Light- Industrial North "F -R" (Farm -Rural) District Vacant Light- Industrial East "F -R" (Farm -Rural) District Vacant Public /Semi - Public South "F -R" (Farm -Rural) District Vacant Light- Industrial West "R -1B" (One - Family Dwelling) District Vacant Light - Industrial ADP, Map & Violations Area Development Plan: This lot is located in the Port/Airport/Violet ADP and is planned for light industrial uses. The proposed change in zoning to the "I -2" Light Industrial Use is consistent with the adopted Future Land Use Map which designates the site for light industrial uses. Map No.: 057043 Zoning Violations: None STAFF SUMMARY Request: The applicant is requesting a change in zoning from the "F -R" Farm -Rural district to an "I -2" Light Industrial District for the construction of a beer distributing business. Existing Land Use: The subject property is vacant land. To the north, east, south, and west is also vacant land. —411-- City Council Zoning Report Applicant: N.M. Edificios, LLC Page 2 of 5 Case No. 1109 -03 Existing Zoning: The purpose of the "F -R" Farm -Rural District is to allow areas inside the city to be used for agricultural purposes and to assist in the control of scattered commercial and industrial uses of the land until infrastructure are available to the area. The "F -R" District does not require any setbacks or limits on height of structures, but does require all single family uses to be located on lots with a minimum of five acres in size. Proposed Zoning: The applicant is requesting a change in zoning to the "I -2" Light Industrial District which provides for light manufacturing, fabrication, warehousing, and wholesale distributing in high or low buildings with access to an arterial street, freeway, or railroad in central or outlying areas of the city. Residential uses are not allowed. In Article 24 of the Zoning Ordinance, the "I -2" District requires a minimum 20 -foot front yard setback and no side or rear yard setbacks unless the property is located adjacent to a residential district; in which case a 10 -foot side and rear yard setback is required. The "I- 2" District does not have a minimum lot size, lot frontage, height limitation, or open space requirement, or floor area intensity factor requirement. Transportation & Circulation: The subject property has access to State Highway 44. Currently, State Highway 44 is an F -1, four -lane divided Freeway. The freeway's primary function is to serve high -speed regional and cross -town traffic. These roadways are characterized by access control and are usually multi -lane divided roads with few, if any, intersections at grade. Traffic speed is high and on -street bicycle traffic is prohibited on the main lanes. Each 2 -lane paved surface of State Highway 44 is 40 feet in width, and two, 2 -lane frontage roads parallel both sides of the freeway, each consisting of 35 foot paved surfaces. Street R.O.W. Street Type Existing ROW and Volume Paved Section (2007) State Hwy. 44 F -1, 4 -lane Freeway 400'/40' paved each 15,788 E side of grass median 12,589 W Infrastructure Demand: ❖ Water: No water lines exist to service the subject property. A 6 -inch and fl- inch water line runs parallel along Clarkwood South Road to the west of the subject property, and a 2 -inch and 3 -inch line runs parallel with South Bockholt Road to the east of the subject property. The Applicant will be required to extend water service to the proposed project site. Wastewater: No wastewater lines exist to service the subject property. A 10 -inch and 8 -inch wastewater line runs parallel along Clarkwood South Road, approximately 1,400 feet west of the subject property The Applicant will be required to extend wastewater service to the proposed project site. —412— City Council Zoning Report Applicant: N.M. Edificios, LLC Page 3 of 5 Case No. 1109 -03 • Stormwater: A stormwater drainage ditch/easement lies along the western boundary of the subject property. • Gas: Gas service is not available to the subject property. Public Safety: ❖ Police: The subject site is located within the A20 Directed Patrol District. This district experienced 274 crimes in 1993, with an increase of 38 crimes for a total of 312 reported crimes in 2005. ❖ Fire & Rescue: Fire Station #12 located at 2120 Rand Morgan Road and is the closest fire and rescue center to the subject property, located approximately 3.5 miles from the subject property. The closest fire hydrant is located approximately 1,680 feet to the west of the subject property on Clarkwood South Road. Environmental Constraints: ❖ FEMA Flood Zone: Flood Zone "X ", areas outside the 1- percent annual flooding chance. ❖ Wetlands: No wetlands exist on or near the subject property. RELATIONSHIP TO SMART GROWTH PRINCIPLES (See Attachment 7): The project was rated against Smart Growth Principles and received 2 stars out of a possible 5 stars, with a total of 27 points. COMPREHENSIVE PLAN CONSISTENCY: The adopted Future Land Use Plan designates the subject property for Light Industrial use; therefore, the proposed "I -2" Light Industrial Zoning District is consistent with the City's Comprehensive Plan. In addition, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. Policies — Industrial: A large amount of vacant land is currently zoned for industrial use in the city, with a significant amount located along I.H. 37 between Violet Road and Padre Island Drive. These areas are important, as they help provide sufficient industrially zoned land for existing and future industries. A primary land use concern is the location of industrial sites and the impact they have on abutting non - industrial uses. If industrial uses are introduced into non - industrial areas of the city, they must be designed with sufficient open space and other buffers to protect the safety, aesthetic, and monetary value of adjacent properties. —413— City Council Zoning Report Applicant: N.M. Edificios, LLC Page 4 of 5 Case No. 1109 -03 b. AN ACTIVE PROGRAM SHOULD BE DEVELOPED TO RETAIN AND EXPAND EXISTING INDUSTRY. One of the principal components of industrial growth comes from the expansion of existing industry rather than from the development of new industry. Programs that will promote competitively - priced industrially -zoned land for expansion should be supported. Staff Comment: The subject property and properties located to the north, south, and west of the subject property are designated for light industrial use under the adopted Future Land Use Map. INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. Staff Comment: Generally, issues of noise, odor, bright lights, and hours of operation can individually or in combination negatively . impact a residential neighborhood. However, the "R -1B" Zoning District located to the west of the subject property is currently vacant, and the Future Land Use map designates this area for Light - Industrial uses. PORT /AIRPORT/VIOLET AREA DEVELOPMENT PLAN CONSISTENCY: The specific goal of the Port/Airport/Violet Area Development Plan is to promote redevelopment of under -used land and proper development of abundant vacant land in the area. Staff Comment: The area development plan encourages new commercial and industrial uses on vacant lands. The proposed light industrial use of the property is consistent with the Area Development Plan. PLAT STATUS: The subject property is not platted. DEPARTMENT COMMENTS: • The Applicant's request to rezone the subject property from the "F -R" District and "B -4" District uses to the "I -2" Light industrial use is consistent with the City's Future Land Use Map and the intent and policies of the Area Development Plan in place. • The Applicant will be required to adhere to the requirements of the City's Building Code and Zoning Ordinance, including fencing and any landscaping required for the project. City Council Zoning Report Applicant: N.M. Edificios, LLC Page 5 of 5 Case No. 1109 -03 STAFF AND PLANNING COMMISSION RECOMMENDATION: Planning Commission and Staff recommends approval of the applicant's request for a change in zoning from the "F -R" Farm -Rural District to the "I -2" Light Industrial District for the construction of a beer distributing business. Number of Notices Mailed: 3 within 200 foot notification area; 6 outside notification area Favor 1 (inside notification area); 1 (outside notification area) Opposition 0 (inside notification area); 0 (outside notification area) For % (As of December 4, 2009) Attachments: 1. Site 2007 Aerial 2a. Neighborhood Existing Land Use 2b. Site Existing Land Use 3. Site Future Land Use 4. Site Existing Zoning, Notice area, Ownership 5. Comments received from Public Notices mailed 6. Notice Mailing List 7. Smart Growth Chart 8. Site Survey 9. Metes & Bounds —415— II I • w ATTACHMENT 1 ire ; -- if ATTACHMENT 2a ireisive nr • _ t*} 0$0kllti3 /a • JO. dj iv .rI :M'4:1)e10 rl s: 'AO?. f[jh Densgy RAsc .- H�i� .04 .41410 41. ifsearit 'AMC: LiOtlkrdIJStrr3I Li •h� ySr krdris 1 • LN d*. egt+i- Prubird -PSP Park Drtrii;40 Corridor -.DC Carr erYation/PrPServatrbry MCP Afiger . ATTACHMENT 2b A SEI ' 9. -D <,3.. $I.TE • F �W R E' . .LAND USE ,Eta 4.ke.RiaJ• €1: *$4,r,ciilisiivess.Park. -RflP . Lc w.{�er'?sz y T s, -: :. .4.k:k+dnstrigl ELI~ 110d.{�ei?&l7p Si. -A C{ VT H apy�ki s00,: -11! :1lfgliDensi;y.R s. -f .. POW Se'fu 1 thfe. r,PSP MN 4.06.1e Hoinre 4111' .Par# • •Uaearii ;Ii11 - ,[kairt qe .Corridor =: P :440' 01 merr# - Late . .t: nieivo¢ioHItwfelvattorr v Traiusp@rtatie. Pim Fi} g ,. • IPrepeuO ;al Al.ti.fc ..•! S f= S $S W B $ 2P 2J "..1:2 4' =� 1/' ]per _4TPTT. • .J°�F 1. W A G1 ATTACHMENT 4 pardon! rPrripIFRIasllela . #. 1 1.09 - . 4 _:.. ITE. -.,E 1 r .: ; . . NOTCE.AREA'. &'O ER 1HR.. ,ii-1 4141erenl Ffaae.7lsre. 1-' kli}sllk Yr Olt lid N ' Mx .Igr'IQerrtxi:ap Ilsktl- �w. :111,1 pi.i.0lu pt N%� -144. ''1r *knhnl H. 111.40 .4b. 'NNW Fflra N.'glsikl AEI ' Pdi sgry ofra El4Nd': hvl PN*es.Lri l lerelymanL '.a7 ilpethhnE T 1SI )101.1.. A..ill::efe i.illi•1> .lfkBd. -9e1 l I.Pi.l li drrd ClsFEI, -FL -1e etre,F imp e6IFw1t NEI, .9.1a` IlIIPYrhrr'IWness eLii.EI- FL- le.Li.i:Fmap Imp; Ek Nd'. a-•.•'E+1Fri611direla elskkI A-i MNIpB Cth� IlsNd .,BrZIi :', errler• rryl'11141ress- blsirtl RA aR F*F N.iiimIF�:9 told •4Uj:'ILC}es %'elsNd..:. .-RE :gesleipi SVk'J r1r.'- I 'Arerr'9hFesk olrhl R -im 71rnF�ae.0 =llri AkMd • 13.5..' Prlmin.9idned als}IK1 'HP *Rd. P.e[mll .11 •• Pri Aim D1mPea ore j is..iiii .. 'Y-1a 1rael Troll. P.k'I6j1[I ., go ..,.erns ghrk Irei 3+I ;sin I1s1. .T..1'g eirrrickre• H rrel.k Ik0.1: •:FA:ry Frih Rmui Llskkl F-1e..Y1:sidi ieW.lF.rtC aiilrlslM ^. .0 ''Hlsit>r -0ukraurrrrp .IIkkEI ' .. P.Ieseh e. . . . 7Rf %.. :NA �b 9'Er L!0. : ti ' tryF.Fgawalrao9 7w dadeYa 'q tr alidolmailmeiali #$Eld *halal ATTACHMENT 5 COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 1109 -03 Name: N. M. Edificios, LLC I. Notices returned from WITHIN the 200 -foot notification area: (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: 3 Returned undeliverable: 0 Favor: 1 Opposition: 0 II. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: Returned undeliverable: 6 0 Favor: 1 Opposition: III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Total number mailed: 0 Returned undeliverable: 0 Favor: 0 Opposition: 0 H:\PLN- DIR\SHARED \1. Planning Commission\2009 PC\2009 Public Comments \1109- 03.doc —427— 1030256.36 100.00 N a s m s 6 F O m O1 V RI Miff KNKNKK ti 0 6 66 6:6666 C C w g I l Z r vs ilk '41 II Wall Mill 4 it i lli. ta It 131 W Q 1.c tea 1 OHM W Y 2 Oa 12 Elitiag 1 W V 1111111 2803 FM 763 H: \PLN -DIR \SHARED \1. Planning Commission \2009 PC\2009 Notices \Nov'09 \1109- 03_OWNERSHIP_LIST.xls SMART GROWTH COMPARISON: Polices listed below are taken from "Getting to Smart Growth II: 100 More Policies for Implementation ", provided by the Smart Growth Network. ATTACHMENT #7 Zoning Case:_ #1109 -03 N.M. Edificios, LLC From: _ "FR" To "1-2"— Answer Pts. Weight Will the request promote development that fosters the following? Score 1. Mix land uses. 1 Project provides a new type of development to an existing neighborhood such as 3 uses added 3 employment, housing, retail, civic, educational, cultural, recreation, neighborhood- serving retail/service? 2 uses added 1 use added 2 1 x 3 1 Reuses closed, decommissioned, or obsolete institutional uses? Yes 1 No 0 x 2 0 Project is mixed use (any combination of housing, retail, office, commercial, public buildings, etc.) 4 + uses 3 + uses 3 2 x2 0 2 + uses 1 2. Takes advantage of compact building design. 0 Utilizes reduced setbacks and /or compact development that supports more 1 stores and restaurants within a neighborhood boundary, or creates opportunities Yes 0 x 3 to pursue a range of activities in a small area? No 0 Manages and effectively provides a transition between higher and lower - density Yes 1 neighborhoods? No 0 x 2 0 3. Creates a range of housing opportunities and choices. 0 Implements a range of housing options with a variety of types and unit sizes Yes 1 within the community? (condos, townhomes, single - family, apartments) No 0 x 3 0 Utilizes private and public property tax exemption programs or local, state, or federal funding incentives for mixed - income developments and/or low- income homeowners and individuals to reduce building costs and uses available Yes No 1 0 x 3 resources more effectively? 0 The project promotes development (residential, commercial, office) with a wide Yes 1 range in pricing available for varying income levels for sale or lease? No 0 x 3 0 4. Creates walkable neighborhoods. 0 Promotes development close to schools, corner stores, dry cleaners, restaurants, and other services that promotes walkable communities and reduces long- Yes l x 3 distance commutes? 0 Will incorporate sidewalks or a bike or pedestrian path into the final Yes 1 development or connects to existing sidewalks? No 0 x 3 0 Promotes development so children are close enough to walk to school? Yes 1 No 0 x 2 0 5. Fosters distinctive, attractive communities with a strong sense of place. 0 The building is an existing building that is historic in any way, or provides Yes 1 focus on a historical, cultural, or natural attributes? No 0 x 2 0 Utilizes established standards for building size, density, and architectural standards and locates development in areas that reflect the "vision" of the Area Yes No 1 0 x 2 Development Plan, the Future Land Use Map, and/or Comprehensive Plan? 0 Promotes shopping and makes retail centers distinctive and attractive Yes 1 3 destinations and gathering places where residents frequent on the weekends? No 0 x 0 Revitalizes the waterfront, beach, or bay areas? Yes 1 No 0 x 3 0 Does the project remove blight from its neighborhood? Yes 1 No 0 x3 0 —429— 6. Preserves open space, farmland, natural beauty, and critical environmental areas. 3 Preserves critical areas for water - quality protection including wetlands, riparian corridors, floodplains, and retains or creates buffer zones surrounding these areas; utilizes land management techniques, to decrease the amount of pollution Yes No 1 0 x 4 entering the water system and preserve wildlife habitats? 0 Does the project implement green building techniques or standards for reducing environmental impacts? Yes No 1 0 x 3 0 Supports tree preservation onsite and/or provides adequate tree landscaping (at a minimum) to replace trees being removed? Yes No 1 0 x 3 3 Provides community green open space or includes useable green space for outdoor recreation and preserves views of scenic, historic or cultural areas? Yes No 1 0 x 3 0 Does it avoid the acquisition and change in use of operating farms or prime Yes 1 farmland? No 0 x 2 0 7. Strengthens and directs development toward existing communities. 10 Is the project located adjacent to existing infrastructure; roads, water, sewer? Existing 3 Service is; Less than 1/4 mile 2 x 4 1/4 to '/2 mile 1 '/2 + miles 0 4 Is the availability of existing public services, such as police, fire, schools and Yes 1 health, sufficient to serve the project? No 0 x 3 3 Is the project a redevelopment of an existing building or brownfield area that Yes 1 would make the property a productive piece of land? No 0 x 3 0 Will the project encourage commercial and retail investment in underserved Yes 1 communities? No 0 x 3 3 Does the project enhance the use of existing public outdoor recreation facilities Yes 1 or areas, such as parks, fishing piers, boat storage areas, or rental equipment? No 0 x 2 0 Is the project in an area with declining school enrolment that threatens its neighborhood schools with closure or support residential use in areas with historically declining school enrollment? Yes No 1 0 x 2 0 8. Provides a variety of transportation choices. 0 The proposed project is accessible by multiple modes of transportation (auto, bus, rail, biking, walking)? 3 modes 2 modes 2 1 x 3 0 The project within walking distance to public transit? (Within 1,000 ft) Yes 1 No 0 x 3 0 9. Makes development decisions predictable, fair and cost effective. 13 The project is consistent with the Future Land Use Map and Comprehensive Yes 1 Plan? No 0 x 2 2 The project is consistent with the Area Development Plan? Yes 1 No 0 x 2 2 Is the proposed project located along transportation corridors where traffic is funneled to right -of -ways capable of handling the increased traffic without significantly decreasing the transportation levels of service for surrounding areas? Yes No 1 0 x 3 3 Will the project design incorporate systems for reducing storm water runoff or provide onsite retention? Yes No 1 0 x 3 3 Does project contribute to the economic vitality and diversity of the community or propose commercial or industrial development in areas with high unemployment or chronic poverty? Yes No 1 0 x 3 3 Point Grading System: Smart Growth Rating Total Points 27 0 -20 pts = * 21 -39 pts.= ** 40 -59 pts = * * * 60 -79 pts = * * * * 80 -100 pts = * * * * * ** -430- STATE SURVEY LINE JA ..S W. WARD, ORIGINAL GRANTEE A-1031 S.E. COR. STATE SURVEY NO. 404 CHARLES LAND, ORIGINAL GRANTEE A -976 WEST LINE STATE — SURVEY NO. 316 J.R. WARD, ORIGINAL GRANTEE A -1005 Mr- INSET A Y NO- TE NIGH� E N, STP' N • 03'46 N 82'29'33" E = 450. 450.88 0 O (0 c0 (00 ;I 40.00' 20.00 MEANEY ELIZABETH ANNE CALLED 18.47 AC FILE tf 2008040453 D.R.N.C.T. N) c0 rn FND TXDOT MON. STATE HIGHWAY COMMISSION DRAINAGE DITCH RIGHT -OF -WAY EASEMENT VOLUME 212, PAGE. 346 D.R.N.C.T. 32.41 AC 1411658.44 SQ FT 1 -2 "LIGHT INDUSTRIAL (PROP) EI F —R "FARM RURAL DISTRICT" (EXIST) 41 >i NV8 STATE OF TEXAS COUNTY OF NUECES 1, HORACIO OUVEIRA, o Registered Professional Land Surveyor, hereby certify that the foregoing map was prepared from sury mode on the ground under my direction and is true and This the 9 " j day of 20. 5C3 CITY OF CORPUS CHRISTI 40' WIDE WATERLINE EASEMENT VOLUME 679, PAGE 225 D.R.N.C.T. JAMES W. WARD STATE SURVEY NO. 402 A -1031 113.07 AC 4925570.02 SQ FT OINT OF BEGINNING RTY— CORNER IN —LINE OF DITCH Z STATE SURVEY J.R. WARD STATE SURVEY NO. 316 N 8912'19" E 42.46' 0‘....F ND 5/8" I.R. INSET A Horocio Oliveira, R. .LS. State of Texas Lic. No. 1415 NOTE: 1. RE —ZONE FROM F —R "FARM RURAL DISTRICT" TO 1 -2 "LIGHT INDUSTRIAL ". SHEET 1 of 1 om z P o o� 03 CO oo =i' CITY of CORPUS CHRISTI of SERVICES `NV engineers I architects I contractors 00, NAVIGATOR. SUITE 700 1" .1"834/14 W,7N TOPE IC, CHRISTI. TEXAS 71401 FAX (361)1143-1111 �C CITY OF CORPUS CHRISTI JAMES W. WARD STATE SURVEY NO. 402 A -1031 & STATE SURVEY NO. 316 R E — ZONING OF 32.41 ACRES FROM F —R TO 1-2 DEPARTMENT ENGINEERING -431 LNV INC 801 Navigation, Suite 300 Corpus Christi, Texas 78408 Field note description for a 32.41 acre tract of land out of State Survey No. 402, James W. Ward, Ori -ginal Grantee, Abstract No. 1033 and out of State Survey No. 316, J. R. Ward, Original Grantee, Abstract No. 1005, said 32.41 acre tract of land located approximately 7.9 miles South 83° West, from the Nueces County, Texas Courthouse and being more particularly described by metes and bounds as follows: Beginning at a point, the intersection of the centerline of a 40 foot wide Drainage Ditch right -of -way in the name of State Highway Commission of Texas, recorded in Volume 212, Page 346, Nueces County, Texas Deed Records and the South right -of -way line of the new State Highway No. 44 By -Pass for the Northwest and beginning comer of the tract hereiq described; Thence North 89°- 12' -19" East, with the South right - of-way line of said State Highway No. 44, a distance of 42.46 feet to a 5/8 inch iron rod set for a deflection comer of the tract herein described; Thence in a general Northeasterly direction, with the South right of way line of said State Highway No. 44, the following calls: North 82 °- 29' -33" East, a distance of 450.88 feet, to a TxDOT Monument, North 76°- 03' -46" East, a distance of 450.85 feet, a TxDOT Monument and North 69°-38'-59" East, a distance of 240.71 feet to a point for the most Northeasterly corner of the tract herein described; Thence South 36°-32'-25" East, at approximately 470 feet pass an Eastern Transmission Corporation overhead power line, recorded in Volume 767, Page 347, Nueces County, Texas Deed Records, at 600.86 feet pass the West line of said State Survey No. 316 in all, a distance of 762.04 feet to a point, for the most Easterly caner of the tract herein described; Thence South 53 °- 27•-24" West, at 116.43 feet pass the West line of said State Survey No. 316, in all, a distance of 1,071.81 feet to a point for the most Southerly, Southeast comer of the tract herein described; Thence South 89°- 15' -41" West, at approximately 480 feet pass said Eastern Transmission Corporation line, running Southwest Northeast, at approximately 580 fat pass the top of Drainage Ditch Banlc, in all, a distance of 730.79 feet to a point in the center of said State Highway Commission of Texas Drainage Ditch for the Southwest corner of the tract herein described; Thence North 00°49' -49" West, with the center of said State Highway Commission Drainage Ditch, the east line of an 18.47 acre tract of land in the name of Elizabeth Anne Meaney, File No. 2008040453, Nueces Count, Texas Deed Records, a distance of 2,491.57 feet to the Point of Beginning. Containing more or less 32.41 (14116678.35 Sq. Ft.) acres of land State of Texas County of Nueces 1, Hondo Oliveira, a Registered Professional Land Surveyor, of LNV Engineering, Engineers & Consultants, do hereby certify that the foregoing description was prepared from information of record and from a survey made on the ground under my direction, and that this description conforms to the current Texas Surveyor's Standards and Specifications for a Category 1 -A, Land Title Survey. This therAday of 244 2009. racio Oliveira 0410640,t. State of Texas License No. 1415 MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, November 11, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly John Taylor Mark Adame Govind Nadkarni I. CALL TO ORDER A quorum was declared and the meeting as called to order at 5:30 p.m. III. PUBLIC HEARING ITEMS B. ZONING 2. Case No. 1109413 STAFF: Johnny Perales, P.E., Assistant City Manager, Development Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Miguel S. Saldana,,AICP, Senior City Planner Veronica Ocanas, Legal Counsel Deborah Brown, Legal Counsel Debbie Goldston, Recording Secretary N.M. Edificios, LLC ; -:A change of zoning from the "F R " Farm -Rural District to the "I -2" Light Industrial District resulting in a change of land use from farm and rural uses to light industrial uses 32.41 acres out of State Survey No. 402 and 316, located at 8602 State Highway 4 4 generally located approximately 1,500 feet eastof Clarkwood South Road, and west of South Bockholt Road. isa Wargo presenteda Power Point presentation. The subject property is 32.41 acres out of State Survey No;;_ 402 and 316, located at 8602 State Highway 44, generally located approximately 1500 feet east of Clarkwood South Road, and west of South Bockhol<Road. The request is for a change in zoning from "F -R" Farm Rural District to "I-2" L* Industrial District. Existing Land Use: The subject property is vacant land To the north, east, south, and west is also vacant land. Regarding the "F -R" Farm Rural District: • Purpose of the district is to provide for continued agricultural and cultivation. • This district also assists in the control of scattered commercial and industrial uses. • Use regulations permit single family dwellings, farm labor camps, field and truck crops, brush and pasture land, livestock ranches except swine and guest ranches, and oil and gas wells. • Barns and accessory buildings are also permitted. • A minimum lot size requirement of five (5) acres. -433- Planning Commission Minutes November 11, 2009 Page 2 Regarding the "I -2" Light Industrial District: • Provides for light manufacturing, fabricating, warehousing, and wholesale distributing. • Off -street loading with access to a major street or railroad. • Front yard setback of twenty (20) feet. No side or rear yard setbacks, unless adjacent to residential district which would require ten (10) foot side and rear yard setbacks. Department Comments: • The Applicant's request to rezone the subject property from the "F -R" District and "B -4" District uses to the "I -2" Light industrial use is consistent with The City's Future Land Use Map and the intent and policies of the Area Development Plan in place. • The Applicant will be required to adhere to the requirements of the Ci Building Code and Zoning Ordinance, including fencing and any landscaping required for the project. Staff Recommendation: • Approval of the applicant's request fora change in zoning from the "F -R" Farm - Rural District to the "I -2" Light Industrial': • trict for the development of a beer distributing business. Nine notices were mailed out inside the 200 foot radius • Two were received back in favor and zero in oppositions There has been no code violations reported at this site Public hearing was bpi No one came,fonward in favor or in opposition. Public hearing was closed. ottzn to approve staif recommendation was made by Commissioner Skrobarczyk and seconded by Vice Chairman Huerta. Motion passed unanimously with Commissioner Adame being absent. —434— CASE 1109-03 PLANNING COMMISSION STAFF RECOMMENDATION EXHIBIT A. From: F-R To: 1-2 ORDINANCE: 'LOCATION MAP' N r `-� Stir r ti PROPERTY City of -435- Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY N. M. EDIFICIOS, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 32.41 ACRES OUT OF STATE SURVEY NO. 402 AND 316, LOCATED AT 8602 STATE HIGHWAY 44, FROM "F -R" FARM - RURAL 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; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of N. M. Edificios, LLC., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 11, 2009, during a meeting of the Planning Commission, and on Tuesday, December 15, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 32.41 acres out of State Survey No. 402 and 316, located approximately 1,500 feet east of Clarkwood South Road, and west of South Bockholt Road, from "F -R" Farm -Rural District to "1 -2" Light Industrial District. (Zoning Map 057043) (Exhibit A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:\ LEG -DIR \Shared\ LEGAL- DEV.SVCS\2009 Agenda \12- 15 \N.M. Edificios LLC.doc -436- Page 2of3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED: December 15, 2009 Deborah Walther Brown • Assistant City Attorney For City Attorney H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \12- 15 \N.M. Edificios LLC.doc -437- Page 3 of 3 Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi 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 H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \12- 15 \N.M. Edificios LLC.doc —438— AR W�QDD 0 7t1.27 Zee CASE # 1109-03 PLANNING COMMISSION STAFF RECOMMENDATION EXHIBIT A From: F -R To: 1 -2 CCU ORDINANCE: LOCATION MAP 21 Page 1 of 1 Rebecca Huerta - Case No. 0809 - -02 Mostafa Bighamian zoning request 'v�'�y::',:.u.�d�LC�a »AT:=43ECEMMi! aMMT ... e+ AIra -Mt is :aWa.wa gg,, d«" .°aw`. .. `,,,=M,A..... 4.a...,. 3'7' WA,\i u .a'UM.... 'ai:: 'A.. ,TWOZN ...Wr:,., :'"a :.:: ....: a°�". «.c. M Z ca 4.:..x.......x. .. From: Ruben Bonilla To: Armando Chapa <ArmandoC @cctexas.com> Date: 12/9/2009 11:58 AM Subject: Case No. 0809 - -02 Mostafa Bighamian zoning request Mr. Chapa My clients are requesting a Continuance of the Zoning Case scheduled before the City Council on December 15, 2009. There are a change of circumstances necessitating additonal time in behalf of the owners. The prior lessee, Absolute Detailing, has vacated the premises. I am requesting the case be rescheduled for a hearing on January 26, 2010. Please acknowledge receipt and be kind enough to confirm the rescheduling of the case. Thank you. Ruben Bonilla Attorney for Mostafa Bighamian —443 - file: / /C: \Documents and Settings\rebeccah \Local Settings \Temp \GW }00001.HTM 12/9/2009 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: September 8, 2009) Case No. 0809 -02, Mostafa Bighamian: A change of zoning from "B -4" General Business District to an "I- 2" Light Industrial District resulting in a change of land use from general business to light industrial on the property described as WOODLAWN ESTS, BK 4, LTS 11 & 12, generally located on the north side of S. Padre Island Drive, approximately 2,800 feet southeast of Airline Drive. Planning Commission's and Staffs Recommendation (August 5, 2009): Denial of the "I -2" Light Industrial District. Requested Council Action: Approval of Planning Commission and Staffs Recommendation. Summary: Request: The applicant is requesting a change of zoning on .98 acres from a `B -4" General Business District to an "I -2" Light Industrial District. The Applicant would like to legally perform auto body detailing and painting indoors. Background: During the years 1982 -1983: The subject property was utilized as catering business named "Elite Catering" 1996: The subject property received Building Permits for Commercial Remodeling/General Repair. 2000 -2002: The subject property operated a business under the name "Nation Rent ". 2004: The subject property operated a business under the name "P & S Touch Ups" 2005: The subject property operated a business under the name "Auto Accent" and "Absolute Detailing ". 2008: The subject property is shown in City records as being utilized as a "Retail /Trade/Eating Drink Establishment" December 22, 2008: The subject property receives a citation from the City's Code Enforcement Division for operating an automobile painting business as an illegal land use within the B -4 "General Business District ". The citation also included complaints from the surrounding neighborhood of odor, noise, insufficient setbacks for the portable accessory buildings, and lack of screening fence between the business and neighboring residential use. 2009: The subject property operated a business under the name "Absolute Detailing" and "Absolute Car Care Center ". June 18, 2009: The subject property was cited by the City's Code Enforcement Division for performing automobile spray painting operations onsite. Although the facility has approved booths for spray painting associated with auto sales being the primary use, the spray painting use alone is a nonconforming and illegal use in the current B -4 "General Business District ". July 14, 2009: The Applicant submitted a request to the City's Zoning Division to rezone the property to the "I -2" Light Industrial Zoning District. —444— Existing Land Uses: The subject property is currently being used as an auto repair and auto body detailing facility that includes indoor auto body painting within approved booths, and is currently non- conforming in its zoning compliance and use. Auto painting as a stand alone use is permitted in the Industrial Districts. Auto sales businesses are allowed auto painting as an accessory use to the primary use in Business Districts. Existing Zoning: The subject property is zoned "B -4" (General Business) District. The purpose of the "B-4" General Business District is to provide sufficient space in appropriate locations for commercial and miscellaneous service activities. Residential density is a maximum of 36 units per acre. Warehousing, manufacturing, heavy auto repair, open storage and off -site advertising uses are among the uses which are not allowed in the `B -4" District. Heavy auto repair is defined in Article 3, Section 3 -1 .05.3 of the City's Zoning Ordinance as: "Automotive Repair, Heavy. Repair of bodies, frames, or fenders, painting, undercoating, or rust proofing'; impound yards for wrecked vehicles in association with wrecker services; repair of heavy load vehicles such as recreational vehicles, tractor trailers, commercial dump trucks, or transit vehicles; or other similar heavy repair services. The `B -4" District requires a 20 -foot front yard setback, and no side or rear yard setbacks unless the proposed use is located adjacent to a residential district, in which case a 10 -foot setback is required. Proposed Zoning: The purpose of the "I -2" Light Industrial District is to provide for light manufacturing, fabrication, warehousing, and wholesale distributing in high or low buildings with access to an arterial street, freeway, or railroad in central or outlying areas of the city. Residential uses are not allowed. In Article 24 of the Zoning Ordinance, the "I -2" District requires a minimum 20 -foot front yard setback, and no side or rear yards unless the proposed use abuts a residential district; in which case a -10 foot side and rear set back is required. The "I -2" District does not have a minimum lot size, lot frontage, height limitation, open space, or floor area intensity factor requirement. The "I -2" Light Industrial District allows for heavy auto repair, per the Zoning Ordinance. Transportation and Circulation: The subject property is located on the corner of South Padre Island Drive frontage and Clare Drive. South Padre Island Drive is an F -1, 6 -lane freeway in this area, with additional frontage roads. Clare Drive is a local collector road, 2 -lanes, with 25 feet paved. Traffic Count: Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2001 Average Daily Trips S.P.I.D. F -1 Freeway /Expressway 400', 4 -10 lanes, paved. existing 11,050 Clare Drive Cl Local Collector 50' right -of -way with two lanes, 25'paved. 60' Not available Infrastructure Demand: ❖ Water: An 8 inch city water line is located in front of the subject property along S. Padre Island Drive, and a 6 inch line is located along Clare Drive. H:\PLN -DIR \SHARED \I Planning Commission \2009 CC \$epL'0 '0809 -02 Mostafa Bighamian \AGENDAMEMO 0809 -02 Rev doc ❖ Wastewater: An 8 inch wastewater line runs along Clare Drive and along the back of the subject property line. ❖ Storm water: There is a 1 inch storm water pipe with inlets located approximately 435 feet southeast of the site for connection. Public Safety: ❖ Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District C30. Crime statistics up to 2005 show a decrease from 1,919 crimes committed in 1993 to a low in 2005 of 1,230 crimes. The last year for which statistics are available is 2005. • Fire: The closest Fire Station is Station # 11, located at 910 Airline Drive, approximately 7,710 feet from the subject property. Environmental Constraints: ❖ FEMA Flood Zone: Property is in FEMA flood zone X, and is not in a velocity zone. ❖ Flight Zone: The property is not located under any Flight Zones. Relationship to Smart Growth (See Attachment # 8, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles and the request has earned 2 stars out of a possible 5 stars. Plat Status: The subject property is platted. Comprehensive Plan Consistency: ❖ CORPUS CHRISTI POLICY STATEMENTS: POLICIES - INDUSTRIAL A large amount of vacant land is currently zoned for industrial use in the city, with a significant amount located along I.H. 37 between Violet Road and Padre Island Drive. These areas are important, as they help provide sufficient industrially zoned landfor existing and future industries. A primary land use concern is the location of industrial sites and the impact they have on abutting non - industrial uses. If industrial uses are introduced into non - industrial areas of the city, they must be designed with sufficient open space and other buffers to protect the safety, aesthetic, and monetary value of adjacent properties. b. AN ACTIVE PROGRAM SHOULD BE DEVELOPED TO RETAIN AND EXPAND EXISTING INDUSTRY. One of the principal components of industrial growth comes from the expansion of existing industry rather than from the development of new industry. Programs that will promote competitively - priced industrially -zoned land for expansion should be supported. Staff Comment: The rezoning request does not take advantage of expansion of industrial use within existing industrially zoned areas. c. PROPERLY PLANNED INDUSTRIAL PARKS SHOULD BE ENCOURAGED. A primary objective is to attract new industry for Corpus Christi. Business should be encouraged to develop in industrial parks that are properly planned and landscaped. Large industrial parks are to be H \PLN -DIR \ SHARED \. Planning Commission\ 2009 CC \ Sept '09 \0809 -02 Mostafa Bighamian \AGENDAMEMO 0809 -02 Rev doc —446— encouraged as they usually offer more utilities and amenities to mitigate the effect of industrial development than do smaller, individual -lot developments. Staff Comment: The rezoning request does not take advantage of expansion of industrial use within existing industrially zoned areas. ❖ SOUTHEAST AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: Policy Statement B.1: The City Council, hereby, adopts the Future Land Use Plan as a guide to future land use decisions. The Plan provides guidance for future land use decisions including rezoning, platting, fiscal management and capital improvement planning. The Plan supports environmentally sound development and the efficient provision of public services and facilities. The future land use plan recommends those uses that may also be acceptable. Those uses described as "also acceptable" are likely to require special buffering to assure compatibility with adjacent uses, or perhaps some other improvements to meet the full intent of the Comprehensive Plan. Staff Comment: The Southeast Area Development Plan supports commercial uses at this site so the existing `B -4" General Business District is compatible with the Southeast Area Development Plan but the requested "I -2" Light Industrial District is not; the Applicant's rezoning request is to allow for the continuation of auto body spray painting in approved booths that are already present onsite. Policy Statement B.2: A few steps that should be taken to prevent negative impacts and promote sensitive design are: a. Lighting from non - residential uses should be directed away from residential areas; b. Noise impacts from non - residential uses should be reduced by creating an open space buffer between the two areas. Such spaces may be landscaped areas, a street, a screening fence, larger setbacks, etc. These methods can be used singularly, but are usually most effective when applied in combination to provide the desired effect; c. Placing low intensity activities next to single family uses. Policy Statement B.5: Industrial zoned areas in the Southeast should not be expanded more then shown in the Future Land Use Plan. Existing industrial uses should be permitted to continue and allowed limited expansion as shown in the Future Land Use Plan. Staff Comment: The subject property is located adjacent to an established R -IB low density single-family development. Recently the Planning and Zoning Division has received a complaint concerning more noise coming from the subject property and at later times during the day. The operational business hours at the subject property are from 8:00 am to 6:00 pm, Monday through Friday, and 9:00 am to 3:00 pm on Saturdays. Notification: Of the nine (9) notices mailed to the surrounding property owners one (1) notices were returned in favor and five (5) were returned in opposition totaling (17.85 %). The 20% rule is not invoked, however case should be considered controversial due to public interest. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed H \PLN- DIR\SHARED \l Planning Commission \2009 CC \Sept '09 \0809 -02 Mostafa Bighamian \AGENDAMEMO 0809 -02 Rev doe change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. ( l J Juan Perales, P.E., Interim Assistant City Manager of Development Services Email: johnnyp @cctexas.com Phone: 361 - 826 -3828 FGMIej Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) Senior Planner IL) H: \PLN -DIR \SHARED \I Planning Commission \2009 CC \Sept '09 \0809-02 Mostafa Bighamian \AGENDAMEMO 0809 -02 Rev doc —448— 22 NO ATTACHMENT FOR THIS ITEM 23 CITY COUNCIL AGENDA MEMORANDUM 1st Reading — 12/08/09 December 8, 2009 AGENDA ITEM: Public hearing to consider and first reading Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. ISSUE: City Charter requires the City Council to review the recommendations of the Planning Commission and act on the Capital Budget. BACKGROUND: A Presentation, Public Hearing and Recommendation to approve the FY 2010 Capital Budget and Capital Improvement Planning Guide was made by the Planning Commission on November 11, 2009. Presentation of the FY 2010 Capital Budget and Capital Improvement Planning Guide was made to Council on November 17, 2009. Public input may also be received at the public hearing to consider and first reading ordinance on December 8th and the public hearing to consider and second reading ordinance on December 15th. REQUIRED COUNCIL ACTION: Public hearing to consider and first reading Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. FUTURE COUNCIL ACTION: Public hearing to consider and second reading Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. Eddie, Houlihan Assistant Director of Management and Budget 880.3792 eddiehocctexas.com E ct O J C!� bio .4FJ6) E (,) 4) r-d 01.) ic_i 0 cn KCL) p U E 0 (C/j • U 4..) •r-I Capital Budget Approach u) co O a) -a c co Cl) a) . > C) L F; . ∎ 0 c m O 0 c O >,% L o ▪ L 0 O u) a) a) -a a) c IP c O C) O u) u) a) c L co co -a a) c a) _c c) •_ a) u) a) II' >,% • _ IP= c O t co o. E • _ c a) caT cn cn _a 0.) = c cn ..7. -a L as (% c) c c w F; cm c m cu -a c:). c u) as L c c co E >' a) L a) N 4- O O c,_ _c N co L 2 c o. c o. N.: CD CD ‘p O v I' co °- O L a_ L O . E a) O _c co a) c . - a) o. Y. -a O O F-) co 2 0 >, co O O N c 0 CO c 0 L O c ,, O co . .7. V to" O N 0 L V O .4) ■ F O L 2a r L 7 gi- O O N C 0 CO 0 C O . +71 a) o. E O 0 O N v 0 O O u- a_ Capital Budget Highlights L .., — = C) O CU 0 CD ♦■■r C • — CU 2 r) ai 0 r H u) D ,C o. a N tm O .0 2) L C a 0 — co •i 0 co CU co Fs .E 0) :w 0 0- " A' so) _ L n/ •— co O O = O LL • a) 461 "P. 5 co .0 i .. O C) • i O cn E — L a 2u) co m ii. Z E 0 (• 17; = `� L J L O = 0 IP C M >, v a co (' ca M O a) _ >> t) _ C E _ L S o. . _ O > o • — 0 }' _ 0 • S 0 1.7, E ti; fts i a) 0 co 6 0. 0 co -• c c m a E 2 >- Tzsc zi" iv co x— gi■ CO 0 O co = L = a � _ N = N � vzs t) N O t) _ _ X O 0 O co L L . — ai LL ai = E -0 L co O E N . 0_ .E E m E +.1 }' O 6.) 6 Q 2 . L — ♦ O O ♦ 0 = ♦ = - I 1 1 CO It 1 .- 1 .- CU Commercial Bond Issue 2008 Bond Issue 2004 Proceeds, $7,546.1 - 4% FAA Grant, $8,667.7 - 4% 0) c C ai CU D C C 0) it w C a>i CD > yLci O �, M > t; .4. a) • c.- L L N c.) • N EA >+ L L r L • X = c3 CO H o N • E N a) vi c a� O "cis ca to C N O a)O > CO CD d1 ce co- L co a) Q a Certificates of Obligation, $6,579.0 - 3% Co M i 0 °o 00 0 w s co w cNi Q LL N \° • CNI CTS I • O4- a) C to N CO. r 69 Public Facilities $4,136.4 - 2% $14,768.2 - 7% qzr Q � O a 69 CO 4-7 1 O a) Q (.6 D- 75. Gas, $2,631.7 - 1% 1 1 v1 O = in o — N • O O O O O - - 51� O Comm. Paper/Rev. Bonds 0 Cert. of Obl. 0 G.O. Bonds 2004 E G.O. Bonds 2008 0 Grants • Other 0 Tax Notes oo a)0 • o _ .� N .0 -0 rr 0) .0 d a w E d o ~ o CZ • N c cn o c L w N u 'a 0 C d o _m L • c c • d d • Z 0) 3 � L % • cc) i cc) i ++ • i E. `L° 0 :E o L u Q C i + w co A o E E y -a N 0 >o o Jo N 0- N CZ V 4 o do o w o0 Z i Cl The expenditure decline reflects w 2 fto °4-• cx .2 0 (4 C Q ,O a Tiff V E E II v w ra Et __.c LL revise time o E co . _ V 6 0 0 a L- 0_ .2 = ti, 6:1) a) CO CD M VI 0 CO moor L co -c To t _ co a) vs E — o a) • _ co .2 ,o o_ 0 -a co a) a) t). a) s _ -0 c0 o o. 2 2 a) u) co t). vs 0 - i E> co N CL p= 0 `- >, L a 0 c - 11, c co a) m a s ai • • i = • ._ L 5 0 E 0 13 L a% _ _ co o. 0- 5 a) a LiiH •— L a) 0mCD = C CD 0 CD CD ♦' m o .— 0 m m 0. 0=(00 -0 0- E 1:2) 1:2) E ce o V Q L Si. ._ ✓ o. co 0 a) E 0 ■ AT c.) 0 o. a) c.) co SI Fs E S.i) co E w Remaining Events /Actions a) i 13 CO ^ N 1 W C CU V > L 2a 0_ - •_ �a .._, o c c 0 0 O • .N -0 V = m v N L — 0. En ca 'v ca c Ce U caCe Tuesday, December 15, 2009 0) ORDINANCE APPROVING THE FY 2010 CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING GUIDE IN THE AMOUNT OF $202,877,800. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800 is hereby approved. A copy of the FY 2010 Capital Budget and Capital Improvement Planning Guide is on file in the Office of the City Secretary. That the foregoing ordinance was red for the first time and passed to its second reading on this the ,S day of % e'4/4,/,‘A , 2009, by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick 741 Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 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: November 30, 2009 By: Lisa Aguir r Interim City Attorney Joe Adame Mayor 24 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an amendment to the service agreement with Dolphin Sales and Service, Inc., doing business as Dolphin Recycling, to establish a new term of 15 years, set a minimum monthly volume of recycling, establish fees and rebates, and modify other contractual provisions, subject to execution of the amendment by Dolphin. ISSUE: The Solid Waste Operations Department seeks to amend the existing recycling agreement with Dolphin Recycling in anticipation of significant changes planned for recycling and refuse collection. The contract amendment is necessary for the City to implement single- stream automated recycling collection and significantly increase recycling volumes. The change to the recycling program will be implemented in May, 2010, to coincide with a transition from twice weekly to once weekly garbage collection. The City Council's approval of the contract amendment is essential prior to Dolphin Recycling's investment in expanding recycling processing capacity. REQUIRED COUNCIL ACTION: Approval of motion as submitted. PREVIOUS COUNCIL ACTION: In December, 2005, City Council approved a five -year contract with Dolphin Recycling, with three five -year renewal options. CONCLUSION AND RECOMMENDATION: Approval of motion as submitted. awrence Mikolajczyk, Director of Solid Waste Operations 361- 826 -1972 LawM @cctexas.com BACKGROUND INFORMATION In December, 2005, the City Council approved a five -year contact with Dolphin Recycling, with three five -year renewal options. The contract provided for Dolphin Recycling to accept recycling commodities collected through the City's curbside (curb -sort) recycling program and operate recycling drop -off centers. The agreement provided for rebates to be paid to the City based on a percentage of the sales price of the recycled commodities. The City is obligated to maintain, or amend, its existing contract with Dolphin Recycling until the first contract renewal option in December, 2010. The FY 2009 -10 adopted budget includes significant changes to the Solid Waste Operations Department collection programs to increase efficiency, reduce expenses, and offer enhanced recycling services. Scheduled for May, 2010, is a transition from twice weekly to once weekly garbage collection. At the same time, an enhanced single - stream recycling curbside collection program will be introduced. The interdependency of the new recycling and garbage collection programs makes it necessary to implement the programs at the same time. Solid Waste residential customers will be provided with recycling containers that are 5.3 times larger than the existing recycling bins. Recycling will be collected bi- weekly with automated collection vehicles, reducing labor, equipment, and fuel requirements. With advertising, education and the introduction of incentive programs to promote recycling, it's believed that recycling volumes will significantly increase. A key component of the enhanced recycling program is assurance to the City that the recycled items are processed, sold and recycled as intended. Dolphin Recycling needs assurance from the City that there will be a minimum sustained volume of recycling in order to justify capital investments needed to expand recycling processing capacity. CONTRACT SUMMARY: Staff's recommendation is to amend the contract to include the following provisions: • a contract period of fifteen years • a guarantee of 1,000 tons per month of salable recyclables • the establishment of variable tipping fees paid to the contractor • the terms for which rebates are paid to the City • the requirement for a performance bond by the contractor —492— FIRST AMENDMENT TO THE RECYCLING SERVICE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND DOLPHIN RECYCLING This first amendment ( "First Amendment ") is made by and between the City of Corpus Christi ( "City ") and Dolphin Sales and Services, Inc., a Texas corporation doing busi- ness as Dolphin Recycling, and General Partner of T.D.B. Enterprises, Ltd., a Texas limited partnership ( "Contractor "). WHEREAS, the City and the Contractor executed an agreement ( "Agreement ") on De- cember 2, 2005, for the purpose of utilizing the Contractor for the collection, processing, and marketing of residential recyclable commodities ( "Services "); WHEREAS, the parties desire to amend the Agreement to modify the Services provided by Contractor to the City under the Agreement; WHEREAS, the Contractor agrees, at the City's request, to modify its operations, pur- chase and install new processing equipment, and hire additional personnel in order to convert to and implement a single- stream (commingled) residential recycling program for City residents; WHEREAS, the City agrees, at the Contractor's request, to allow Contractor to exercise two option renewals prematurely, revising and converting the term of the existing Agree- ment into a new 15 -year term, so long as the required investment and expansion of the business is timely achieved, in order to allow Contractor to acquire and amortize new equipment necessary to achieve the City's goal of a single- stream recycling process; and WHEREAS, pursuant to the mutual considerations given, the parties desire to execute this First Amendment to revise the term of the Agreement and modify contractual provi- sions related to the Services to be delivered by Contractor under the existing Agree- ment. Section 1. Section 1 of the Agreement, entitled "Services," is amended by deleting it in its entirety and replacing it with language to read as follows: "1. Services. "(a) Contractor shall perform the activities stated in the Collection, Processing and Marketing Re idential Recyclable Commodities document in accordance with the Request for Proposal Bid Invitation No. BI- 0140 -05 ( "RFP "), the re- sponsive proposal to the RFP submitted by the Contractor ( "Response "), all issued RFP amendments, the terms of this initial Agreement with Contractor, entitled "Exhibit A, Contractor, Dolphin Recycling, Service Agreement," all exhibits attached to and incorporated by reference in any of the foregoing documents, as well as the activities set out in any properly executed, written amendment to this Agreement. "(b) Prior to May 1, 2010, Contractor shall implement the services described under Scenario One on page 13 of the RFP (multiple stream) for the citizens of Corpus Christi. By May 1, 2010, Contractor shall make its best efforts to imple- ment a city -wide single- stream (commingled) residential recycling program for the citizens of Corpus Christi, as stated in Scenario Two on page 13 of the RFP ( "Single- Stream Program "). Furthermore, the Single- Stream Program outlined in the RFP is modified as followed: (1) the Single- Stream Program is expanded to include the processing of mixed paper (e.g., junk mail, paper board, files, and kraft paper bags), empty steel aerosol /paint containers, metal cans (e.g., aluminum, tin, and steel), old corrugated cardboard, mixed office paper (e.g., from desktop), sorted white ledger paper, and plastic products labeled 1 thru 7; and (2) the Single- Stream Program is reduced, such that the Contractor will not be responsible for collecting commingled waste from the City's three drop -off sites. Until such time as the Single- Stream Program is operational, Contractor shall provide the services specified under Scenario One on page 13 of the RFP, as specified in the Contractor's Response, and as further stated in this Agreement between the parties." Section 2. Section 2 of the Agreement, entitled "Term," is amended by deleting it in its entirety and replacing it with language to read as follows: "2. Term. The original term of the Agreement is for 60 months and expires on December 2, 2010; however, if Contractor makes best efforts, as reasonably determined by the City, to implement and make operational the Single- Stream Program by May 1, 2010, the term of the Agreement is automatically extended an additional 15 years, expiring December 2, 2025, unless earlier terminated in accordance with the provisions set out in the Agreement. In the event the Con- tractor has not made its best efforts, as reasonably determined by the City, to implement and make operational the Single- Stream Program by May 1, 2010, the original term of this Agreement shall continue and Contractor may exercise three option renewals of five (5) years each, as stated under the original provisions. Both parties must agree in writing on the option to renew at the appropriate time, which time must be not later than six (6) months prior to the end of the then - current term of the Agreement." Section 3. Section 11 of the Agreement, entitled "Amendments," is amended by de- leting it in its entirety and replacing it with language to read as follows: "11. Amendments. This Agreement may be amended only by written instrument signed by duly authorized representatives of the parties to this Agreement. Dolphin Recycling Agmt 1st Amdmt Final 20091209.doc Page 2 of 9 —494— Notwithstanding the foregoing, the City Manager is authorized to execute amendments on behalf of the City that may be necessary for the proper admini- stration of this Agreement so long as the amendments do not modify the purpose or term of this Agreement." Section 4. Section 15 of the Agreement, entitled "Trash Service," is amended by deleting it in its entirety and replacing it with language to read as follows: "15. Trash Service. Effective May 1, 2010, the City shall provide a roll -off con- tainer ( "Container ") at Contractor's location for the accumulation of trash and debris generated by Contractor's Single- Stream Program, and the City shall be responsible for providing services to pick up and empty the Container, as needed, at no cost to Contractor, and City shall be responsible for all related disposal costs associated with the Container. Contractor is responsible for dis- posal costs for any waste generated from sources other than the City. Prior to May 1, 2010, Contractor shall bear all responsibility and costs for trash services and disposal costs for all waste generated at Contractor's location." Section 5. A new section entitled "Trailers" and numbered as Section 19 of the Agree- ment is added to the Agreement to read as follows: "19. Trailers. Upon implementation of a Single- Stream Program, the City shall provide manpower to operate the drop -off sites stated in the Agreement (see section 3.5 of the RFP). Prior to implementation, Contractor shall continue to oversee and operate all drop -off sites." Section 6. A new section entitled "Pricing Conditions" and numbered as Section 20 of the Agreement is added to the Agreement to read as follows: "20. Pricing Conditions. "(a) If the Contractor has made its best efforts, as reasonably determined by the City, to implement and make operational a Single- Stream Program by May 1, 2010, City guarantees to deliver to Contractor monthly an amount of materials capable of being processed into a minimum of 1,000 tons of saleable recycled products ( "Minimum Tonnage ") during the term of this Agreement. "(b) If the Contractor has made its best efforts, as reasonably determined by the City, to implement and make operational the Single- Stream Program by May 1, 2010, the Contractor shall rebate to the City, on a monthly basis, a variable amount of between 25% and 35% of the average monthly commodity sale price of saleable, recycled materials obtained by Contractor over the Minimum Tonnage, as such average commodity price is published in the Official Board Market's "Yellow Sheet," which is an industry monthly commodity price standard. In the event that publication of the Official Board Market's "Yellow Sheet" should cease during the term of this Agreement, the rebate amount due from Contractor Dolphin Recycling Agmt 1st Amdmt Final 20091209.doc —495— Page 3 of 9 to the City will be based on an industry-based commodity price standard to be mutually determined and agreed to by the parties. Plastic and metal commodity sale prices will be derived from the average actual mill prices paid to the Contractor during each month, in calculating the rebate. The Contractor must endeavor to process and sell all com- modities within 60 days of delivery from City. "(c) Subject to the Single- Stream Program implementation, Contractor shall provide the rebate due to the City by the last day of each calendar month fol- lowing the month of receipt of the tonnage of materials over the stated minimum tonnage. In the event the Single- Stream Program is not implemented, no rebate is due to the City from the Contractor; however, the sharing of proceeds between the City and Contractor at the levels previously established and indicated in the Agreement will continue in force and effect." Section 7. A new section entitled "Quality of Recycled Product Processed and Sold" and numbered as Section 21 of the Agreement is added to the Agreement to read as follows: "21. Quality of Recycled Product Processed and Sold. Contractor shall bear full responsibility for the processing of all recyclable materials (excluding glass products) received from City and producing it into a final, saleable product without recourse against, or request for reimbursement of any costs from, the City." Section 8. A new section entitled "Facility Capacity under Single- Stream Program" and numbered as Section 22 of the Agreement is added to the Agreement to read as follows: "22. Facility Capacity under Single- Stream Program. "(a) In the event a Single- Stream Program is implemented, Contractor shall ensure that all processing equipment and necessary accessories are installed and operational and can provide processing at a minimum amount of 10 tons per hour each weekday. Contractor bears full responsibility for ensuring that the Contractor's facility and personnel meet this minimum Single- Stream Program processing capability during the term of this Agreement. "(b) Contractor must, at all times, provide facilities with a tip floor area adequate to hold a minimum of 160 tons of unprocessed materials delivered from City trucks. In the event that the volume of unprocessed materials received from the City exceed the Contractor's tip floor area holding capacity, Contractor shall be solely responsible for providing the City with an alternate location at which to unload and store the unprocessed materials delivered by the City and to provide transport of the materials back to the Contractor's primary processing area as space allows." Dolphin Recycling Agmt 1st Amdmt Final 20091209.doc Page 4 of 9 —496— Section 9. A new section entitled "Control of Wind Blown Waste and Cleanliness of Premises" and numbered as Section 23 of the Agreement is added to the Agreement to read as follows: "23. Control of Wind Blown Waste and Cleanliness of Premises. "(a) Contractor shall maintain the external premises of the Contractor's location at all times so as not to allow or permit the accumulation of litter and debris and shall exercise daily control over the site in order to contain and properly dispose of windblown waste and debris that may become scattered on the property, in order to remain in full compliance with all federal, State, and City laws, including Section 21 -53 of the City's Code of Ordinances. "(b) The Contractor must ensure that the processing facility's floor is kept clear of the buildup of materials, in order to allow the safe operation of City vehicles into the receiving area. Contractor shall maintain the processing facility in a neat and orderly manner at all times. "(c) Contractor shall take all reasonable precautions to prevent the littering of materials and to prevent odors at, from, and in close proximity to the processing facility. Contractor shall at all times operate the processing facility in a manner that does not create or cause a nuisance. Contractor must respond to all com- plaints regarding a nuisance arising out of, or related to, the Contractor's opera- tions within twenty -four (24) hours of receipt of such complaint." Section 10. A new section entitled "Performance and Payment Bonds" and numbered as Section 24 of the Agreement is added to the Agreement to read as follows: "24. Performance and Payments Bonds. "(a) In the event the Single- Stream Program is implemented, Contractor shall, before beginning work, post with the City a performance bond to be maintained in force for a period of one year during each year of the contract term referred to in Section 2 of the Agreement and for one -year periods during the term of any option renewal period, if applicable. The amount of the annual performance bond must be the amount of the value of the Contractor's yearly minimum annual guaranteed tonnage ($420,000). Should the dollar value of the yearly minimum annual guaranteed tonnage be adjusted during the term of this Agreement, the annual required bond amount will be similarly adjusted. Such bond shall secure the City against all costs, charges, and expenses related to the inability or failure, as may be applicable, of the Contractor to fully comply with the provisions of this Agreement, regardless of whether the City has incurred any costs, charges, or expenses. This financial guarantee must be in the form of a surety bond payable to the City. Dolphin Recycling Agmt 1st Amdmt Final 20091209.doc —497— Page 5 of 9 of the obligations stated in this Agreement following the cure period provided by City to Contractor under this Agreement, the City may call the bond. "(h) In order to call the bond, the sole documentation required to be provided by the City to the surety is a statement in writing from the Contract Administrator setting forth the applicable circumstances, as stated in Section 24(g) above in this Agreement, giving rise to the redemption demand. "(i) In the event the Single- Stream Program is implemented as contemplated in this Agreement, the Contractor shall also provide a sufficient annual payment bond in the amount of $390,000. Such bond must be issued by a surety com- pany meeting all of the requirements set out in this section for the issuance of a performance bond. The payment bond must be in an amount necessary to provide sufficient payment of all materials and labor bills'incurred by the Contractor during a six -month period. In the event of the Contractor's default or termination of this Agreement and the call of the payment bond by the City, the City's call of the bond must be in accordance with the conditions stated in subsections (g) and (h) above." Section 11. A new section entitled "Tours," and numbered as Section 25 of the Agree- ment is added to the Agreement to read as follows: "25. Tours. Contractor shall provide educational and operational tours to any City organization or group, and to other City- sponsored individuals, organiza- tions, and groups upon the request of the City, on an appointment basis. The City may request tours outside of the scope of typical educational tours and such tours will be conduced by the contractor on behalf of the City." Section 12. A new section entitled "Load Rejection" and numbered as Section 26 of the Agreement is added to the Agreement to read as follows: "26. Load Rejection. Contractor shall immediately notify the Contract Admini- strator if a load received from one of the City's collection vehicles appears to have a non - recyclable contamination rate higher than fifteen (15) percent. Con- tamination occurs when a material, other than a recyclable material as stated in this Agreement, is included as part of a load of raw unprocessed waste. If the Contractor determines that a load is questionable, the Contractor shall move it to an area that does not interfere with the normal processing operation so that further inspection can be made by the City. Since the contamination rate of a load will be a subjective judgment, the Contractor must not refuse a load unless a supervisor from the City is present at the processing facility and is in agreement that the load is unacceptable. A supervisor of the City shall arrive within one hour of notice by the Contractor. Contractor shall document, in a detailed ex- planation of the Contractor's reason for rejection. Contractor shall sort the con- tents of the questionable load by commodity, and process each such acceptable Dolphin Recycling Agmt 1st Amdmt Final 20091209.doc Page 7 of 9 —498— commodity, unless otherwise mutually agreed by the parties to handle this pro- cess in another manner." Section 13. The parties agree that the pricing schedule submitted with Contractor's Response, which formed a basis for the Agreement and is entitled "4.3.6. Pricing Schedules" ( "Current Schedule "), will remain in effect until the Contractor has imple- mented the Single- Stream Program. When the Single- Stream Program is implemented, the Current Schedule will become obsolete, be deleted in its entirety from the Agree- ment, and be replaced in the Agreement with a new pricing schedule under the same title, a copy of which is attached to this First Amendment as Attachment 1 ( "New Schedule "). The contents of the New Schedule, which are incorporated into this First Amendment as if set out fully in this instrument and are incorporated into the Agreement by reference herein this First Amendment, are effective when the Single- Stream Pro- gram is implemented, as contemplated under this First Amendment. In the event imple- mentation is not achieved, as reasonably determined by the City, the parties agree that the Current Schedule will continue in effect for all purposes under the Agreement, until such Agreement may be later terminated, expires, or is amended. Section 14. By execution of this First Amendment, the parties agree to revise and incorporate an extended term and to revise and modify contractual provisions related to the Services stated in the Agreement. The parties further agree that all other terms, conditions, and covenants in the Agreement not changed by this First Amendment remain the same and in full force and effect. In the event of a conflict between docu- ments forming the Agreement between the parties, including this First Amendment, the parties agree that the terms of this First Amendment shall take precedence over the language in any other instrument. (EXECUTION PAGE FOLLOWS) Dolphin Recycling Agmt 1st Amdmt Final 20091209.doc —499— Page 8 of 9 EXECUTED IN DUPLICATE, each of which is considered an original, on this the day of , 2009. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI `Angel R. Escobar City Manager APPROVED AS TO FORM: I , 2009 Elizabeth R. Hundley Assistant City Attorney for the City Attorney CONTRACTOR: Dolphin Sales and Service, Inc., a Texas corporation doing business as Dolphin Recycling, and General Partner of T.D.B. Enterprises, Ltd., a Texas partnership By: Printed Name: �� �� J Cob -2,04',"- ..- Title: Date: 40e— /v - c 9 STATE OF TEXAS § COUNTY OF NUECES § ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: Vic` This instrument,was acknowled ed before me on ,�`i kt t� /L ° , 2009, by iC IC Y t;'0 }fit '- of Dolphin Sales and Service, Inc., a Texas corporation doing business as Dolphin Recycling, and General Partner of T.D.B. Enterprises, Ltd., a Texas limited partnership, on b-half of the c• p'`oration and the part- nership. (Seal. ;;'�rPte�•4 JOSIE EVERETT Notary Public, State of Texas € My Commission Expires ; 11 October 17, 2013 Dolphin ecyc Ong Agmt I st Amdmt Final 20091209.doc —500— I ublic, .tate of Texas Page 9 of 9 ATTACHMENT 1 4.3.6 Pricing Schedule -- Effective upon implementation of Single- Stream Program 4.3.6.1 Tipping Fees (a) The City shall pay the Contractor tipping fees for all saleable recyclables collected by the City and deposited at the Contractor's sorting facility. The City shall pay a minimum monthly tipping fee to the Contractor which is based on the delivery of 1,000 tons of re- cyclables, regardless if the volume of actual delivered recyclables is less than 1,000 tons in that given month. (b) The `floor' and minimum tipping fee is $35 per ton and the maximum tipping fee is $65 per ton. The amount of the tipping fee may vary as determined by the average recyclable commodities price for the month and by the volume (measured in tons) of saleable re- cyclables delivered to the Contractor. (c) Average monthly commodity sales price will be calculated for any given calendar month using the commodity indices published as of the first issue of the month for which the rebate is earned by the City. The indices are applied for newspaper ( "ONP "), old corrugated card- board ( "OCC "), and household office paper /mail /household mixed paper /magazines ( "MIX "). Plastic and metal commodity market prices will be derived from the averaged actual mill prices paid to the Contractor during the month in which the rebate is earned by the City. See Table 1, which table is attached to this schedule and incorporated by reference into this document. (d) When revenues from the sale of recyclables plus the monthly tipping fees are less than the Contractor's total processing expenses, the tipping fee may be increased up to a maxi- mum of $65 per ton, in order to enable the Contractor to recover monthly processing ex- penses of $137,000. See Table 2, which table is attached to this schedule and incorpo- rated by reference into this document. Note: Table 2 is provided to illustrate the elasticity of the tipping fee, based on increases and decreases in the average monthly commodity sales price, and static volumes of 1,000, 1,250, 1,500, and 1,750 tons per month. (e) The Contractor and City have jointly agreed to a formula to calculate tipping fees that considers the volume and commodity sales price variables at various levels, illustrated by Table 3. Table 3 is attached to this schedule and incorporated by reference into this document. The formula will be applied monthly to calculate the tipping fees payable by the City and the rebate payable by the Contractor. 4.3.6.2 Average Commodities Sales Price (a) The average commodities sales price will be a weighted average, based on the pro- portion of the volume of materials, of the sales indices, and of the mill prices. The fractional proportion of an item's assigned value will be determined by a semiannual audit to be performed jointly by the Contractor and the Contract Administrator. The initial audit will be completed during the first week of implementation of the Single - Stream Program, in order to establish the proportional volume of categorized waste amounts being delivered to the Contractor. Subsequent audits will be completed at six - month intervals for the remaining term of the Agreement and proportional volume totals adjusted accordingly. Any adjusted totals, by type, will be the new proportional volume totals for the next six -month period for calculating the applicable Commodity Price and rebate due to the City. (b) The weighted average commodity sales price is calculated monthly as follows: the percentage of weight that each commodity represents as determined by the initial and subsequent semi - annual audits conducted jointly by the Contractor and the City multiplied by the monthly respective published indices (newspaper, cardboard, paper) and the monthly average actual mill prices (plastics, aluminum and tin) equals the monthly individual weighted sales prices (c) Lastly, the individual weighted sales prices are summed to total the monthly average commodity sales price. (d) Please refer to the example below: Example: Calculation of Weighted Average Commodity Sales Price C. Weighted A. B. Average Average Commodity Commodity Proportion Price Price Commodities Per Audit Per Ton Per Ton Aluminum 4% $1,200.00 $48.00 Tin 5% - $25.00 $1.25 Paper (MIX) 35% $67.50 $23.63 Dolphin Recycling Agmt Att1 Full Page Final 20091210.doc —502— Page 2 of 4 Cardboard (OCC) 9% $75.00 $6.75 Newspaper 30% $32.50 $9.75 Plastic HDPE - N 4% $495.00 $19.80 HDPE - C 4% $325.00 $13.00 • PET 7% $220.00 $15.40 #'s 3 - 7 2% $50.00 $1.00 Total Notes: 100% $138.58 Column A illustrates the proportion of saleable commodities determined by the initial and subsequent semi - annual audits. Column B illustrates monthly commodity rates derived from market indices and sales of plastics and metals. Column C illustrates the proportionate value assigned to each commodity and the total average commodity sales price, or the weighted average commodity sales price per ton. 4.3.6.3 Processing Expense and Variable Expense Per Ton The City acknowledges that the Contractor will incur significant capital and operating expenses in the performance of this Agreement. Contractor and City jointly agree that Con- tractor's monthly processing expense has been determined to be $137,000 per month to process 1,000 tons or less of saleable recyclables. For each ton of saleable recyclables deposited by the City in excess of the quantity required to produce 1,000 tons of recycled saleable product, it is recognized that the Contractor will incur an additional $20 per ton in additional variable expenses. The monthly processing and variable expenses are con- sidered in the formula illustrated in Table 3. 4.3.6.4 Rebate Calculation (a) The Contractor shall not pay the City a rebate if the total saleable recycling volume is equal to or less than 1,000 tons per month. Conversely, for each ton of saleable recycled materials in excess of 1,000 tons per month, a rebate will be calculated and paid to the City. The rebate formula is as follows: (i) number of tons in excess of 1,000 (ii) multiplied by the commodity price per ton Dolphin Recycling Agmt Att1 Full Page Final 20091210.d c0 3_ Page 3 of 4 (iii) multiplied by 25% if the commodity price per ton is less than or equal to $102 or by 35% if the commodity price per ton is greater than $102. (b) The monthly rebate paid by Contractor to the City is based on the above calculation, as shown in 4.3.6.4(a)(i) — (iii). In the event the Contractor's combined monthly revenue from tipping fees, as represented in 4.3.6.1(a) and (b) above, and monthly sales of recycled materials ( "gross revenue ") is less than or equal to the Contractor's total monthly pro- cessing and variable expenses, no rebate will be paid that month. If the difference calcu- lated between gross revenue and the Contractor's total monthly processing and variable expenses is a positive amount but is an amount less than the full calculated rebate, the amount of the rebate paid to the City will be the net difference between gross revenue and the Contractor's total monthly processing and variable expenses. Although this last rebate calculation method is likely to occur infrequently, Table 4 provides and example of the calculation. Table 4 is attached to this schedule and incorporated by reference into this document. 4.3.6.5 Adjustments to Processing Expenses, Variable Expenses, and Tipping Fees - The processing expenses, variable expenses, and tipping fees will be adjusted annually, commencing on the first anniversary following the implementation of the Single- Stream Program and on the same date each subsequent year during the term of this Agreement. The annual adjustment will be the percentage increase or decrease, if any, in the Consu- mer Price Index published by the U. S. Department of Labor, Bureau of Labor Statistics, All Items, for urban wage earners and clerical workers for the South Urban area ( "CPI Adjust- ment"). Notwithstanding the foregoing, in no event may increases exceed 5% per year nor 15% over any four -year period, and any decreases may not produce a reduction in the tipping fee to a price below $35 per ton. The CPI Adjustment to the tipping fee will be cal- culated on the minimum tipping fee, and the dollar amount of the change will be added to the minimum tipping fee. After application of the CPI Adjustment to the minimum tipping fee, the maximum tipping fee will be increased to an amount such that the difference be- tween the minimum and maximum tipping fee remains constant at $30. Included and made a part of this Attachment 1: (see following pages) Table 1 Table 2 Table 3 Table 4 Dolphin Recycling Agmt Attl Full Page Final 20091210.doc —504— Page 4 of 4 Commodity ATTACHMENT 1 Table 1 Index Old Newspaper (ONP) Official Board Markets (OBM), ONP #6, high side, Southwest region, (1" issue of the month). Old Corrugated Cardboard Official Board Markets. (OBM), OCC #11, high side, (OCC) Southwest region, (1" issue of the month). Household Office Paper/Mail/ Household Mixed Paper/Maga- zines (MIX) Official Board Markets (OBM), Mixed Paper #1, high side, Southwest region, (1a issue of the month). Attachment 1 Table 2 Saleable tonnage per month Commodity Price Tipping Fee 1,000 > =$102 $35 1,000 <$102 & >$72 $35 to $65 1,000 < =$72 $65 Saleable tonnage per month 1,250 1,250 1,250 Commodity Price >= $78.60 <$78.60 & >$48.60 <= $48.60 Tipping Fee $35 $35 to $65 $65 Saleable tonnage per month 1,500 1,500 1,500 Commodity Price >= $63.00 <$63.00 & >$33.00 <= $33.00 Tipping Fee $35 $35 to $65 $65 Saleable tonnage per month 1,750 1,750 1,750 Commodity Price >= $51.86 <$51.86 & >$21.86 <= $21.86 Tipping Fee $35 $35 to $65 $65 8 W o vg ° ,c 1 'Mt — s. �' .Z §v c �: Q r ' c m � �v E Ee g 3 c A U �W 8 � E oCAE mH Sy c S � °o � c � $ c _ E w _ we N CNN p1 N N S. 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N n - N C w. $ g m E 1- 0. iC..o N a a p Q N - cV m Cr ° Ce Q° s O. a > Q ¢ Z $ z Example of Microsoft Excel worksheet to compute tipping fees and rebates ag o �k c )U) .c o \ k / k K Single stream worksheet per ton Tons per month § \ _ Processing and variable expenses S o 8 o 2 o Ea 0 e, $ Processing expenses / ton Variable expense per ton Variable expense Base tipping fee Rev per ton needed Average Commodity Sales Price Additional tip fee 8 2 kk ] t§ k\ )E —££ £ )Ca2- o a) 2-'0 02-£§ f %)a)k - % > "13 c,2 K § 0 0 o a) t§ x c £ c & � 2£§ -o;22 :IT) Ca o. \ CCU 3C a£ 2 oo.§e $e 64- .&2 ~te 2R •C• C § ! c 5 ©� _ ■ E • > • C ka) £E :' a) 0 a, :IS 2 (0 .0 \ k% 2 f7 k\2\ \k 2f .3E§/ 76�2a) k 3- A k _ c 2 0. u o co o >, t o • - c £a) e > —o �£ @£)E 4:5 .a zE =E22 o o B $ k b k a) 25 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12/15/2009 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute all documents necessary to enter into a three -year service contract with Humana Insurance Company of Louisville, KY to provide a retiree health insurance plan and other related services to Medicare- eligible retirees, dependents, and survivors participating in the Citicare Plan in accordance with Request for Proposal Number BI- 0153 -09. BACKGROUND: The City currently offers three plans, those are: Citicare for civilian employees, the Fire Plan for sworn fire personnel and the Public Safety Plan for sworn public safety personnel. Once retired, city employees maintain health insurance coverage through one of the three plans above to which they belonged prior to retirement from the City. The City uses a blended rate in calculating retiree premiums (combining active participant plan utilization and experience with retiree plan utilization and experience). By using this blended rate, active employees and the City are subsidizing retirees' premiums. This creates an implicit subsidy under GASB 45 and, therefore, a corresponding liability for the City. AWARD BASIS: Through a joint effort between the City and consultant Randy McGraw, of Crest Benefits Consulting, a request for proposal (RFP) for pre -65 and Medicare Eligible retiree health insurance was developed. That RFP was advertised and issued to twenty four service providers. Four proposals were received for post -65 health insurance and two for pre -65 health insurance. Proposals were evaluated across four major criteria: Proposer's Profile & Qualifications, Technical Solution, Rate Schedule and Exceptions. An evaluation team comprised of representatives from Gas, Police, Fire, Engineering and Human Resources Departments, the Purchasing Division and a consultant, Randy McGraw of Crest Benefits Consulting, reviewed the proposals and scored each according to the criteria above. The consultant did not score the responses but participated in an advisory capacity. Humana Insurance Company is recommended for award in the Medicare Eligible category as it earned the highest overall score and represents the best overall value to the City and participants. Aetna Life Insurance Company and United HealthCare Insurance Company offered to provide pre -65 health insurance contingent upon being awarded the Medicare eligible health insurance. The pre -65 insurance offers were not cost effective or in the City's best interest and are not being recommended for award. The Medicare eligible offers from Aetna and United HealthCare were either deemed too restrictive in the medical plan design (UHC's HMO plan) or cost prohibitive due to contribution requirements from the City. —511— The term of the service agreement will be for three years with an option to extend for up to two additional one -year periods subject to the approval of the service provider and the City Manager or his designee. This service will be used by the Human Resources Department to provide health insurance to Medicare eligible retirees, dependents, and survivors in the Citicare Plan. Eligible Fire and Public Safety retirees may elect to enroll under this plan on a voluntary basis. On December 3, 2009, this recommendation was presented to the Council's Administrative Committee, and was given the committee's unanimous support. FUNDING: As this is a fully- insured health insurance plan, there is no contribution requirement from the City and therefore, there is no cost to the City. In comparison to the current retiree only premium of $252.69, a retiree participating in this plan (attached, Humana Group Medicare RPPO Plan 2010 Plan 079 Option 526) will pay a monthly premium that varies depending upon the state of residence as indicated below: Arkansas $59.00 Florida $99.00 Georgia $68.00 Texas $54.00 If a retiree does not live in a PPO service area, there will be an indemnity plan design offered at the approved rates for that area (attached, Humana Group Medicare PFFS Plan 2010 Plan 078 Option 026). The movement of the Citicare Medicare Eligible participants to the fully- insured Humana plan will significantly reduce the City's liability under GASB 45. Note: Current Medicare Eligible plan participants are being notified, in advance of the 12/15/09 Council date, of the recommended move to the Humana Fully- Insured plan. The implementation date of the new plan will be determined based upon a transition schedule and implementation plan that includes communication and education opportunities for participants. Cynthia Garcia Director of Human Resources CynthiaG @cctexas.com 361- 826 -3878 3J00S le }o I m c O C) CD v A"INO 99- }sod o N "'ODIC° 0 G C HUMANA INSURANCE COMPANY Louisville, KY l 71.7% 1 o 0 35.9% 23.2% 0 O co 5.0% co io 24.0% CO 9, UNITED HEALTHCARE INSURANCE COMPANY Houston, TX 42.5% 01 66i.) c Q1 Co o - o THE HARTFORD LIFE & ACCIDENT COMPANY Denver, CO -5T3- N N C 2 • CD 3 a- P M < ". B CD E • CD o 2 CM x eoueinsu CD C C • m m o 7JDO m o v - C1) C) T" co x r • C C • 73 to C: n0= mz� u) 60-£9I 0-19 City of Corpus Christi Premium Information Date: 10/20/09 Plan Year. January 1, 2010 until December 31, 2010 Plan Name: Humana Group Medicare Traditional RPPO 079 526 with Rx Option: 8/42/80/33 %, $8 Generic in Coy. Gap Humana Group Sponsored Medicare Advantage State Medical and Rx Benefit Overview Deductible $ 59.00 None / $500 Inpatient Hospital $ 99.00 $675 Copayment per Admission 1 $750 Copayment per Admission Skilled Nursing $ 68.00 $96 Copayment (days 12 -100) / 30% Coinsurance (days 1 -100) Physician $ 54.00 $15 Copayment / $30 Copayment Specialist $35 Copayment / $35 Copayment Outpatient Surgical $185 Copayment 130% Coinsurance Outpatient Non - Surgical $85 Copayment / 30% Coinsurance Ambulance $100 Copayment / $100 Copayment Emergency Room $50 Copayment / $50 Copayment Maximum Out of Pocket $5,000 / $5,000 Pharmacy Rx Option: 8/42/80/33 %, $8 Generic in Coy. Gap State Total Premium Arkansas $ 59.00 Per Member per Month Florida $ 99.00 Per Member per Month Georgia $ 68.00 Per Member per Month Texas $ 54.00 Per Member per Month 'See attached sheet for ra ing assumptions and stipulations -514- City of Corpus Christi Rating Assumptions and Stipulations The following items apply to the rates provided: The quoted rates are valid only for the specified effective date and are offered for the time period specified commencing with this effective date and are valid only if the following conditions are met. In the event that the effective date is other than the date listed above, the rates are subject to change. Humana reserves the right to change the rates and benefits 90 days after presentation of quote. In order to implement this plan effectively, an implementation meeting must be held with Humana 60 to 90 days prior to the effective date. The premium(s) and plan(s) quoted cannot be altered or adjusted in anyway, up or down, without Humana's approval. The quoted rates do not include a possible reduction for those eligible for the CMS regulated low income subsidy. If applicable, the rate reductions will be made available at a later date upon CMS releasing the new 2010 subsidies. This proposal assumes all members are retired and have enrolled in Medicare Part A and Part B. This quote is on an incurred basis. Humana will be responsible for all eligible claims incurred on or after the effective date through the end of the contract period. These rates are based on the assumption that there is no secondary plan wrapping around Humana's Medicare Advantage plan or Rx plan. This proposal is based on the group not contributing to the proposed premium. Humana follows the Center for Medicare and Medicaid Services (CMS) rules and regulations regarding enrollment and eligibility into the Employer Sponsored Medicare Advantage plans. CMS has strict guidelines in regards to a carrier's ability to accept members with a diagnosis of End Stage Renal Disease (ESRD). Outside of the initial open enrollment period and "aging -in" to the plan, there are very few times when Humana can accept Medicare members with an ESRD diagnosis. Although this proposal includes multiple plan /options for the Employer Sponsored plan, Humana reserves the right to limit the number of plan /options based on the offering environment and the total number of Medicare eligible members. Final plan selections will need to be approved by underwriting prior to implementation. -515- HUMANA CrIti7R17C42 when von nccti it tno.t HUMANA GROUP MEDICARE RPPO PLAN 2010 Plan 079 Option 526 This is a brief summary of services and is not intended to be a complete description of benefits, exclusions and limitations. Please refer to your Evidence of Coverage for additional information regarding covered services and limitations or any other contractual conditions. All services must be medically necessary. Coinsurance and copayments are due when services are rendered. For a complete description of benefits, exclusions and limitations please refer to the actual Evidence of Coverage. If a discrepancy arises between this information and the actual Evidence of Coverage, the Evidence of Coverage will prevail in all instances. Annual Out -Of- Pocket Maximum (1) • Network: $5,000 per individual per calendar year (excludes Pharmacy, Routine Dental, Extra Services and the Plan Premium) • Non - Network: $7,500 per individual per calendar year (excludes Pharmacy, Routine Dental, World Wide Coverage and the Plan Premium) Annual Deductible (1) • Network: None • Non - Network: None Benefit Network Coverage (1) Non Network Coverage (1) Physician Services • Primary care physician (PCP) - Surgical procedures - Diagnostic procedures and lab services - Mental health and substance abuse services - Smoking cessation (Medicare - covered services) Plan pays 100% after $15 copayment per visit Plan pays 70% • Specialist - Podiatry (Medicare- covered services) - Chiropractic (Medicare- covered services) - Surgical procedures - Diagnostic procedures and lab services - Mental health and substance abuse services - Smoking cessation (Medicare- covered services) Plan pays 100% after $35 copayment per visit Plan pays 70% • Allergy shots and Injections Plan pays 100% Plan pays 70% • Drugs administered in a physician's office Plan pays 80% after $15 copayment per visit to a primary care physician; Plan pays 80% after $35 copayment per visit to a specialist Plan pays 70% Preventive Services • Bone mass measurement (one per year) • Colorectal screening (one per year) • Pap smears, pelvic exams, and prostate cancer screening (one per year) • Routine physical (one per year) • Diabetes self - management • Nutritional therapy (ESRD or diabetic patients) • Screening Mammography (one per year) Plan pays 100% in all places of treatment Plan pays 70% in all places of treatment 2010 Standard RPPO 079 -526 Humana.com -516- 9/30/2009 HUMANA r tt!d )1C ' \t i1C11 you 'iced S„4,.t. Preventive SeMcea (con:: cues; • Immunizations Plan pays 100% i% all places of Plan pays 100% in all places of treatment treatment Inpatient Hospital Services • Inpatient (all authorized admissions) Plan pays 100% after $575 copayment per admission Plan pays 70% • Inpatient physician services Plan pays 100% Plan pays 70% Outpatient Hospital Services • Outpatient surgical services Plan pays 100% after $185 copayment per visit Plan pays 70% • Outpatient advanced imaging and nuclear medicine Plan pays 100% after $125 copayment per visit Plan pays 70% • Diagnostic procedures Plan pays 100% after $85 copayment per visit Plan pays 70% • Outpatient lab services Plan pays 100% Plan pays 70% • Observation Plan pays 100% after $125 copayment per visit Plan pays 70% • Outpatient physician services Plan pays 100% Plan pays 70% Emergency Services • Emergency room (2) Plan pays 100% after $50 copayment per visit (waived if admitted within 24 hours) Plan pays 100% after $50 copayment per visit (waived if admitted within 24 hours) • Emergency room physician services Plan pays 100% Plan pays 100% • Urgent care Plan pays 100% after $35 copayment at an immediate care facility Plan pays 70% at an immediate care facility • World Wide Coverage (emergency services only) N/A Plan pays 80% after annual deductible and $100 deductible up to $25,000 maximum annual benefit or 60 consecutive days, whichever is reached first • Ambulance Plan pays 100% after $100 copayment per date of service Plan pays 100% after $100 copayment per date of service Additional Medical Services • Skilled nursing facility Plan pays 100% per day (days 1- 11) — no three -day hospital stay is required; Plan pays 100% after $96 copayment per day (days 12- 100); Plan pays $0 after 100 days Plan pays 70% up to 100 days — no three -day hospital stay required; Plan pays $0 after 100 days • Skilled nursing facility physician services Plan pays 100% Plan pays 70% • Outpatient therapy (cardiac, occupational, physical, respiratory, audiology, and speech) Plan pays 100% after $35 copayment per visit to specialist and comprehensive outpatient rehabilitation facility; Plan pays 100% after $60 copayment per visit to outpatient hospital Plan pays 70% in all places of treatment • Freestanding radiological facility Plan pays 100% after $50 to $100 copayment per visit (based on services received) Plan pays 70% • Ambulatory surgical center Plan pays 100% after $150 copayment per visit Plan pays 70% 2010 Standard RPPO 079 -526 Humana.com -517- 9/30/2009 HUMANA it di /Ce %vl ien cnu nu`d it 1111"" Additional Medical Services (continued) • Freestanding laboratory Plan pays 100% Plan pays 70% • Chemotherapy Plan pays 80% after $35 copayment per visit to a specialist; Plan pays 100% after $50 copayment per visit to outpatient hospital Plan pays 70% in all places of treatment • Renal dialysis Plan pays 100% per visit to dialysis center; Plan pays 80% to outpatient hospital Plan pays 100% per visit to dialysis center; Plan pays 80% to outpatient hospital • Radiation therapy Plan pays 100% after $35 copayment per visit to specialist; Plan pays 100% after $50 copayment per visit at freestanding radiological facility; Plan pays 100% after $60 copayment per visit at outpatient hospital Plan pays 70% in all places of treatment • Home health care Plan pays 100% Plan pays 70% • Medicare- covered Part B drugs Plan pays 80% in all places of treatment Plan pays 80% in all places of treatment • Durable medical equipment Plan pays 80% in all places of treatment Plan pays 70% in all places of treatment • Prosthetics, orthotics, and other medical supplies Plan pays 80% in all places of treatment Plan pays 70% in all places of treatment • Diabetic monitoring supplies Plan pays 100% in all places of treatment Plan pays 70% in all place of treatment • US Travel benefit Member receives in network benefits when services are received from a participating PPO provider in another Humana PPO service area N/A Mental and Nervous Disorder Services • Inpatient psychiatric care (all authorized admissions) Plan pays 100% after $675 copayment per admission; 190- day lifetime limit Plan pays 70 %; 190 -day lifetime limit • Inpatient psychiatric physician services Plan pays 100% Plan pays 70% ■ • Outpatient psychiatric care — partial hospitalization Plan pays 100% after $35 copayment per visit Plan pays 70% • Outpatient hospital mental health services Plan pays 100% after $85 copayment per visit Plan pays 70% Alcohol and Substance Abuse Services • Inpatient alcohol and substance abuse services (all authorized admissions) Plan pays 100% after $675 copayment per admission Plan pays 70% • Inpatient alcohol and substance abuse physician services Plan pays 100% Plan pays 70% • Outpatient hospital alcohol and substance abuse services — partial hospitalization Plan pays 100% after $35 copayment per visit Plan pays 70% 2010 Standard RPPO 079 -526 Humana.com -518- 9/30/2009 HUMANA {tiialanee When VUlt :1Led it mutr Alcohol and Substance Abuse Services (continued) • Outpauert hospital alcohol and substance abuse services Plan pays 100% after $85 copayment per visit Plan pays 70% Medicare- Covered and Routine Services • Dental - Medicare- covered services • Routine DEN747 -FL / DEN749 -Non FL -One oral exam and one cleaning every 6 months; one bitewing /X -ray per calendar year - Emergency Services (includes non- surgical extraction) (unlimited) - Restorative (one per mouth every 3 calendar years) Plan pays 100% after $35 copayment per visit Plan pays 75% Plan pays 50% Plan pays 25% Plan pays 70% Plan pays 50% Plan pays 45% Plan pays 20% • Hearing Plan pays 100% after $35 copayment per visit - Medicare- covered services only, routine services not covered Plan pays 70% - Medicare - covered services only, routine services not covered • Vision • Post Cataract Surgery Plan pays 100% after $35 copayment per visit - Medicare- covered services only, routine services not covered Plan pays 100% for eyeglasses and contacts following cataract surgery Plan pays 70% - Medicare - covered services only, routine services not covered Plan pays 100% after annual deductible for eyeglasses and contacts following cataract surgery Extra Benefits • SilverSneakers® - SilverSneakers® is not available to members who reside in Arizona or Pennsylvania In most service areas members wil have free membership to a local fitness center through the SilverSneakers® Program. The SilverSneakers® Fitness Program offers your retirees free membership at a warm and friendly fitness center. Enrollment is easy and there is no initiation fee or contract. • Silver & FitTA9 - Silver & FitTM is only available to members who reside in Arizona or Pennsylvania — The Silver & FitTM Fitness Program, designed specifically for Medicare beneficiaries, is a total health and physical activity program that is beneficial for Medicare - eligible persons on all fitness levels. Eligible members receive a basic fitness center membership at a contracted fitness center that includes all the amenities offered at that location. • Humana Active Outlook® Humana Active Outlook Program includes HAO Magazine, Life - Works- Member Assistance Program, and other health and wellness education materials. • QuitNet® A comprehensive smoking cessation service. Its features include the Customized QuitNet ®Website, telephone counseling /coaching, the QuitNet® QuitGuide, and QuitTips e-mail support. • HumanaFirst® A toll -free 24 -hour, 7 day a week medical information service staffed with specially trained registered nurses to assist in immediately answering questions on symptom related health conditions. Also available is an audio text library to access information on a variety of health topics. 2010 Standard RPPO 079 -526 Huma51na.com -9- 9/30/2009 HUMANA. (;itati ;c4 when you I7mei. It most Care Management • Clinical Programs /Disease Management (3) - CHF - Congestive Heart Failure - COPD - Chronic Obstructive Pulmonary Disease - ESRD - End Stage Renal Disease - Diabetes - Rare Disease Program - this program includes the following diseases /conditions: ALS, Cystic Fibrosis, Parkinson's, Lupus, Rheumatoid Arthritis, Dermatomyositis, Myasthenia Gravis, Polymyositis, Hemophilia, Scleroderma, Sickle Cell Anemia, CIDP, Multiple Sclerosis - Transplant Program - CKD - Chronic Kidney Disease (this program is a pilot program offered only to members in the Kansas City market at this time, which is the site of the pilot) (1) All coinsurance percentages are based on the Medicare fee schedule and not billed charges. (2) Emergency room copayment waived if admitted or if hospital is outside the U.S. (3) We have provided examples of various Health Education and clinical programs. Actual programs may vary by market. 2010 Standard RPPO 079 -526 Humana.com 9/30/2009 -520— HUMANA (;iti 17nCi2 When `O11 ik . i 1110,1 The products and services described below are neither offered nor guaranteed under our contract with the Medicare program. They are not subject to the Medicare appeals process. Any disputes regarding these products and services may be subject to the Humana grievance process. Extra Services • Complimentary & Alternative Medicine The American WholeHealth network provides complimentary & alternative medicine discount services for Humana members and includes more than 25,000 practitioners. • EyeMed Vision Discount EyeMed Vision Care provides all Humana members reduced rates through the discount program. Discounts include savings on eyewear, contact lenses, laser vision correction, and eye exams. The EyeMed program offers national access to over 48,000 eye care professionals, including private practice optometrists, ophthalmologists, and opticians. Humana members present their member ID card to the EyeMed provider at the time of service to receive their savings. Members can also access a printable discount card that can be presented at the time of service. There are no claims to file, no deductibles to meet, and no waiting for reimbursement. Savings are applied directly to the member's purchase. • HumanaDental Discount The HumanaDental discount is easy to use. Visit Humana.com or call HumanaDental at 1- 800 - 898 -0371 (TTY: 1- 800 - 833 -3301) to find a dentist in your area. The HumanaDental dentist will charge the negotiated fee, and you make the payment right after receiving services. Members residing in Florida have a similar dental discount program through CAREINGTON. Visit www.Unified.cidental.com or call 1- 800 - 290 -0523 for more information. • Hearing Aids and Care Humana has teamed with TruHearing, HearUSA and Newport Audiology Hearing Centers to provide services and discounts that include savings of $600 to $2,700 off retail costs on state -of- the -art digital hearing aids, a free comprehensive hearing exam using the latest diagnostic equipment, and follow -up office visits. These vendors provide a return guarantee within 45 days of purchase plus a one -year warranty on lost or damaged instruments and a two -year limited product warranty. • Hearing Discount You receive discounts for hearing aids and a free hearing screening at Beltone hearing care locations. Not available to members who reside in Illinois, Nevada, and Florida. • Lifeline® Medical Alert Systems Humana has partnered with Lifeline® Medical Alert Systems to help you live a more independent, active life at home. You receive discounted rates on the installation of Lifeline CarePartners Home Communicator and lower monthly fees for monitoring services, provided 24- hours -a -day all year. • Nutritional Supplement Discount You receive discounted prices on nutritional supplements available through HumanaMail. There is no charge for shipping and handling. • Over- The - Counter Discount You receive discounted prices on over the counter health and wellness products available through HumanaMail. There is no charge for shipping and handling. 2010 Standard RPPO 079 -526 Humana.com -521- 9/30/2009 HUMANA t fL77c717)71'ci whcti itct{ it trtoct Extra Services (continued) • Weight Management Discount (NutriSystem SilverTM) The goal of the NutriSystem SilverTM program is to help older Americans lose weight simply so they can enjoy vibrant, healthy lives. You get free membership and counseling, as well as free access to the NutriSystem community through our Website. When you sign up for the 28 -Day NutriSystem SilverTM program, you get a free 30 -day supply of Nutrihance® multivitamins and $30 off every order you place through the program. • eHarmony.com Discount The eHarmony environment is designed to help you meet compatible singles. After getting to know you through a detailed questionnaire, eHarmony does the searching for you and only presents you with matches that are pre- screened for compatibility with you. As a Humana Medicare member, you save 20% on a six - month eHarmony membership. • Roadside Assistance Discount Through the Auto Assist Plus® 24 -Hour Roadside Assistance Service, you and your spouse get comprehensive roadside assistance coverage in any owned vehicle you drive. Services include help with towing, flat tires, battery failure, lock -outs, and more at the Humana member -only price of $49.90 per year -- a retail value of $89. You can also enjoy savings on hotels, car rentals, and automotive services, at no additional cost. • Pharmacy Discount - This is optional for all employers in 2010. Certain types of prescription drugs often are not covered by prescription drug plans. But if your doctor prescribes any of these drugs to you, the pharmacy discount service can make them more affordable. This discount program can save you an average of 20% or more for prescription medicines. These include drugs for weight loss, impotence, hair loss, and many other conditions. To see if a drug qualifies for the discount program, go to Humana.com and use the "prescription tools" section of MyHumana, or check your evidence of coverage booklet. All major pharmacy chains participate in this discount program, as well as many independent pharmacies, so it's easy to find a participating pharmacy near you. 2010 Standard RPPO 079 -526 Humana.com -522- 9/30/2009 H MANA GIli atti L tchen vou Herr{ it ntti,t GENERAL LIMITATIONS AND EXCLUSIONS OF MEDICAL BENEFITS 'four benefits do not include the following, except as otherwise noted: Abortions, except in cases of rape. incest or for life - endangering medical reasons. Acupuncture Ambulance service for nonemergency care to a physician's office, ambulance service for routine maintenance dialysis (unless medically necessary), ambulance service when another means of transportation could be used without endangering your health, or cost of air ambulance in excess of the amount payable for land ambulance when land ambulance would have sufficed. Assisted suicide Chiropractic services, except manual manipulation of the spine to correct a subluxation. Clinical Trials are not covered under the Humana Group Medicare Plan, but are covered under Medicare. If you choose to be part of a Medicare - qualifying clinical trial, you may continue to receive any care unrelated to the clinical trial through the Humana Group Medicare Plan. Custodial care /non - skilled nursing home care Emergency services (as part of the emergency room benefit) that are non - authorized, and routine conditions that do not appear to a prudent lay person to be based on an emergency medical condition. Experimental or investigational procedures, items and medications, as determined by Medicare; or Phase I and Phase II investigational treatments as outlined by the National Cancer Institute. When there is no Medicare national coverage policy or determination, we will, at our sole discretion, determine if a treatment is experimental or investigational. Food allergy testing and treatment Hearing Care, except what is covered under Medicare. Medicare- covered services are limited to diagnostic hearing exams and treatment when a medical problem is present. Home health care services, including home health care blood transfusions, homemaker services, meals delivered to your home and nursing care on a full -time basis in your home, drugs and biologicals not covered by Medicare. Hospice services in a Medicare - participating hospice are not covered under the Humana Group Medicare Plan, but are covered under Medicare. If you become eligible to enroll in a hospice program, you may continue to receive care unrelated to the terminal condition through the Humana Group Medicare Plan and you may also use a network physician as your hospice attending physician. Hospital services for care and supplies not ordered by a physician, if such care and supplies would not be paid for under Medicare guidelines; convenience and personal care items which are billed separately such as telephone, television or radio; private duty nurses and a private room in a hospital, unless medically necessary. Immunizations, except as outlined as a preventive care benefit. Kidney dialysis • Home dialysis services not covered include: dialysis aides services to assist in home dialysis; home dialysis blood or packed red cells unless administered by a network physician or a network physician personally directs its administration or it is needed to prime your dialysis equipment and wages lost to you and your dialysis assistant during self- training. • Inpatient dialysis services not covered include inpatient hospital and skilled nursing facility costs when the stay is solely for maintenance dialysis. • Outpatient dialysis services not covered include expenses for ambulance or other transportation from your home to a physician's office or a medical facility for routine maintenance dialysis and lodging costs during outpatient dialysis treatment. Naturopath's services Nursing care on a full -time basis in your home or private duty nurses 2010 Standard RPPO 079 -526 Humana.com -523- 9/30/2009 HUMANA (;uic ance when von n.cd it 11m t Orthopedic and therapeutic shoes, except if they are part of a leg brace or are for individuals with severe diabetic foot disease. Orthotics and custom -fitted inserts in shoes are not covered unless they are for individuals with severe diabetic foot disease. Plastic, cosmetic, or reconstructive surgery, except when medically necessary as the result of an injury or tumor. Such surgery will also be covered if an objective physical impairment is present, which is defined as a direct measurable reduction of physical performance of an organ or body part. The presence of a psychological condition will not entitle you to coverage for plastic, cosmetic, or reconstructive surgery unless all other conditions are met. Breast reconstruction is only covered following a mastectomy. Religious aspects of care provided in Religious non - medical healthcare institutions Services for which you have other coverage, including military service - connected conditions as defined by the Veterans Administration for which care is received from the Veterans Administration by you or paid for you by the Veterans Administration. If you have Veterans Administration benefits, you may decide whether you will use those or the Humana Group Medicare Plan. However, the Humana Group Medicare Plan will not pay for services received from the Veterans Administration, services covered by another government program other than Medicare or Medicaid and services paid by workers' compensation, automobile liability insurance, employer group health plans, or any other type of insurance. The Humana Group Medicare Plan will become the secondary payer in cases such as workers' compensation, automobile liability, or other types of insurance. Services performed by immediate relatives or members of your household, or services for which neither you nor another party acting on your behalf has a legal obligation to pay. Skilled nursing facility if rehabilitation services or skilled nursing care are only required occasionally; or an inpatient stay is not necessary to receive the skilled rehabilitation services required; or the rehabilitation services no longer improve a condition or could be carried out by someone other than a skilled therapist; or care is custodial. Surgical treatment of morbid obesity, except when determined medically necessary. Therapeutic wigs Transportation other than ambulance transportation Vision Care, except what is covered under Medicare. Medicare - covered vision care is limited to one pair of standard eyeglasses or contact lenses after each cataract surgery, annual glaucoma screening if you are determined to be at high risk for glaucoma, and diagnosis and treatment of diseases and conditions of the eye. HUMANA, Guidance when you need it most A Medicare- approved PPO available to anyone enrolled in both Part A and Part B of Medicare through age or disability. Copayment, service area, and benefit limitations may apply. 2010 Standard RPPO 079 -526 Humana.com —524— 9/30/2009 City of Corpus Christi Premium Information Date: 10/19/09 Plan Year: January 1. 2010 until December 31, 2010 Plan Name: Humana Group Medicare PFFS 078 026 with Rx Option: 8/42/80/33 %, $8 Generic in Coy. Gap Beginning in 20111 it will be required by CMS that ail Group Medicare Advantage PFF 5 plans be network based. The proposed Humana Group Medicare PFFS plan will transition to a network lased PFFS or PPO in 2011, depending upon product availability. Humana Group Sponsored Medicare Advantage State Medical and Rx Benefit Overview Deductible Arkansas None Inpatient Hospital Arkansas $225 Copayment (days 1 -7) Skilled Nursing California $100 Copayment (days 15 -100) Physician Florida $15 Copayment Specialist Georgia $35 Copayment Outpatient Surgical New Hampshire 20% Coinsurance Outpatient Non - Surgical New Mexico 25% Coinsurance Ambulance Texas 20% Coinsurance Emergency Room Texas $50 Copayment Maximum Out of Pocket Texas $6,000 Pharmacy Texas Rx Option: 8/42/80/33 %, $8 Generic in Coy. Gap State County Total Premium Arkansas Garland $ 94.00 Per Member per Month Arkansas Miller $ 94.00 Per Member per Month California Alameda $ 92.00 Per Member per Month Florida Palm beach $ 157.00 Per Member per Month Georgia Greene $ 67.00 Per Member per Month New Hampshire Hillsborough $ 152.00 Per Member per Month New Mexico Sandoval $ 59.00 Per Member per Month Texas Aransas $ 99.00 Per Member per Month Texas Bandera $ 116.00 Per Member per Month Texas Bastrop $ 122.00 Per Member per Month Texas Bee $ 102.00 Per Member per Month Texas Bexar $ 99.00 Per Member per Month Texas Brazoria $ 99.00 Per Member per Month Texas Burnet $ 116.00 Per Member per Month Texas Corral $ 99.00 Per Member per Month Texas Dallas $ 99.00 Per Member per Month Texas Delta $ 102.00 Per Member per Month Texas Dewitt $ 116.00 Per Member per Month Texas Duval $ 72.00 Per Member per Month Texas Ellis $ 102.00 Per Member per Month Texas El paso $ 72.00 Per Member per Month Texas Fannin $ 116.00 Per Member per Month Texas Fisher $ 116.00 Per Member per Month Texas Gillespie $ 72.00 Per Member per Month Texas Hams $ 99.00 Per Member per Month Texas Hays $ 122.00 Per Member per Month Texas Hidalgo $ 99.00 Per Member per Month Texas Howard $ 102.00 Per Member per Month Texas -' Jim hogg $ 102.00 Per Member per Month Texas Jim wells $ 72.00 Per Member per Month Texas Lamar $ 102.00 Per Member per Month Texas Lavaca $ 116.00 Per Member per Month Texas Leon $ 116.00 Per Member per Month Texas Live oak $ 102.00 Per Member per Month Texas Matagorda $ 116.00 Per Member per Month Texas Milam $ 116.00 Per Member per Month Texas Nueces 5 99.00 Per Member per Month Texas Polk $ 99.00 Per Member per Month Texas Refugio $ 116.00 Per Member per Month Texas San patricio $ 99.00 Per Member per Month Texas Smith $ 116.00 Per Member per Month Texas Tarrant $ 99.00 Per Member per Month Texas Travis $ 99.00 Per Member per Month Texas Uvalde $ 102.00 Per Member per Month Texas Williamson $ 99.00 Per Member per Month Texas Wilson $ 99.00 Per Member per Month 'See attached sheet for rating assumptions and stipulations -525- City of Corpus Christi Rating Assumptions and Stipulations The following items apply to the rates provided: The quoted rates are valid only for the specified effective date and are offered for the time period specified commencing with this effective date and are valid only if the following conditions are met. In the event that the effective date is other than the date listed above, the rates are subject to change. Humana reserves the right to change the rates and benefits 90 days after presentation of quote. In order to implement this plan effectively, an implementation meeting must be held with Humana 60 to 90 days prior to the effective date. The premium(s) and plan(s) quoted cannot be altered or adjusted in anyway, up or down, without Humana's approval. The quoted rates do not include a possible reduction for those eligible for the CMS regulated low income subsidy. If applicable, the rate reductions will be made available at a later date upon CMS releasing the new 2010 subsidies. This proposal assumes all members are retired and have enrolled in Medicare Part A and Part B. This quote is on an incurred basis. Humana will be responsible for all eligible claims incurred on or after the effective date through the end of the contract period. These rates are based on the assumption that there is no secondary plan wrapping around Humana's Medicare Advantage plan or Rx plan. This proposal is based on the group not contributing to the proposed premium. Humana follows the Center for Medicare and Medicaid Services (CMS) rules and regulations regarding enrollment and eligibility into the Employer Sponsored Medicare Advantage plans. CMS has strict guidelines in regards to a carrier's ability to accept members with a diagnosis of End Stage Renal Disease (ESRD). Outside of the initial open enrollment period and "aging -in" to the plan, there are very few times when Humana can accept Medicare members with an ESRD diagnosis. Although this proposal includes multiple plan /options for the Employer Sponsored plan, Humana reserves the right to limit the number of plan /options based on the offering environment and the total number of Medicare eligible members. Final plan selections will need to be approved by underwriting prior to implementation. -526- HUMANA Cr7ttcit117CI whim you T1(ed it Most HUMANA GROUP MEDICARE PFFS PLAN 2010 Pion 078 Option 026 This is a brief summary of services and is not intended to be a complete description of benefits, exclusions and limitations. Please refer to your Evidence of Coverage for additional information regarding covered services and limitations or any other contractual conditions. All services must be medically necessary. Coinsurance and copayments are due when services are rendered. For a complete description of benefits, exclusions and limitations please refer to the actual Evidence of Coverage. If a discrepancy arises between this information and the actual Evidence of Coverage, the Evidence of Coverage will prevail in all instances. Annual Out -Of- Pocket Maximum (1) $6,000 per individual per calendar year (excludes Pharmacy, World Wide Coverage, Extra Services, and the Plan Premium) Annual Deductible (1) None Benefit Plan Coverage Physician Services • Primary care physician (PCP) - Diagnostic procedures and lab services - Surgical procedures - Allergy shots and injections - Mental health and substance abuse services - Smoking Cessation (Medicare- covered services) Plan pays 100% after $15 copayment per visit • Specialist - Diagnostic procedures and lab services - Surgical procedures - Podiatry (Medicare- covered services) - Chiropractic (Medicare- covered services) - Allergy shots and injections - Mental health and substance abuse services - Smoking Cessation (Medicare- covered services) Plan pays 100% after $35 copayment per visit • Drugs administered in a physician's office Plan pays 80% Preventive Services • Bone mass measurement (one per year) • Colorectal screening (one per year) • Pap smears, pelvic exams, and prostate Cancer screening (one per year) • Routine physical (one per year) • Mammography screening (one per year) • Diabetes self - management • Nutritional therapy (diabetic or ESRD patients) • Immunizations Plan pays 100% in all places of treatment Inpatient Hospital Services • Inpatient Plan pays 100% after $225 copayment per day (days 1 -7) per admission • Inpatient physician services Plan pays 100% Outpatient Hospital Services • Outpatient surgical services Plan pays 80% • Outpatient advanced imaging, nuclear medicine, diagnostic procedures, and radiation therapy Plan pays 75% • Outpatient lab services Plan pays 100% • Observation Plan pays 75% • Outpatient physician services Plan pays 100% Emergency Services • Emergency room Plan pays 100% after $50 copayment per visit (not waived if admitted) 2010 Standard PFFS 078 -026 umana.com -527- HUMANA: C rZ!LI 12C& when you !iced it most Emergency Services (continued) • Emergency room physician services Plan pays 100% • Urgent care Plan pays 100% after $35 copayment per visit at an immediate care facility • World Wide Coverage Plan pays 80% after $250 deductible up to $25,000 maximum annual benefit or 60 consecutive days, whichever is reached first • Ambulance Plan pays 80% Additional Medical Services • Skilled nursing facility Plan pays 100% from days 1 -14 — no three - day hospital stay is required; Plan pays 100% after $100 copayment per day (days 15 -100); Plan pays $0 after 100 days • Skilled nursing facility physician services Plan pays 100% • Outpatient therapy (cardiac, occupational, physical, respiratory, audiology, and speech) Plan pays 80% to a specialist office or comprehensive outpatient rehab facility; Plan pays 75% to a outpatient hospital • Freestanding radiological facility Plan pays 80% • Ambulatory surgical center Plan pays 75% • Freestanding laboratory Plan pays 100% • Chemotherapy Plan pays 80% in all places of treatment • Renal Dialysis Plan pays 80% in all places of treatment • Home health care Plan pays 100% • Medicare - covered Part B drugs Plan pays 80% in all places of treatment • Durable medical equipment Plan pays 80% in all places of treatment • Prosthetics, orthotics, and other medical supplies Plan pays 80% in all places of treatment • Diabetic monitoring supplies Plan pays 100% in all places of treatment Mental and Nervous Disorder Services • Inpatient psychiatric care Plan pays 100% after $225 copayment per day (days 1 -7) per admission; 190 -day lifetime limit • Inpatient psychiatric physician services Plan pays 100% • Outpatient psychiatric care — partial hospitalization Plan pays 80% • Outpatient hospital mental health services Plan pays 75% Alcohol and Drug Abuse Services • Inpatient alcohol and substance abuse services Plan pays 100% after $225 copayment per day (days 1 -7) per admission • Inpatient alcohol and substance abuse physician services Plan pays 100% • Outpatient alcohol and substance abuse services — partial hospitalization Plan pays 80% • Outpatient hospital alcohol and substance abuse services Plan pays 75% 2010 Standard PFFS 078 -026 8 Hum5an2a.com -- 10/23/2009 HUMA (;111(101-1,",..? Nvhetl y01.1 iR eci tt mnct Medicare - Covered • Dentai Services Plan Says 130° after $35 copayment per visit, Medicare- covered services only, routine services not covered • Hearing Plan pays 100% after $35 copayment per visit, Medicare - covered services only, routine services not covered • Vision • Post - cataract surgery Plan pays 100% after $35 copayment per visit, Medicare - covered services only, routine services not covered Plan pays 100% for eyeglasses and contacts following cataract surgery Extra Benefits • SilverSneakers® - SilverSneakers® is not available to members who reside in Arizona or Pennsylvania In most service areas members will have free membership to a local fitness center through the SilverSneakers® Program. The SilverSneakers® Fitness Program offers your retirees free membership at a warm and friendly fitness center. Enrollment is easy and there is no initiation fee or contract. • Silver & FitTM - Silver & Film is only available to members who reside in Arizona or Pennsylvania The Silver & FitTM Fitness Program, designed specifically for Medicare beneficiaries, is a total health and physical activity program that is beneficial for Medicare - eligible persons on all fitness levels. Eligible members receive a basic fitness center membership at a contracted fitness center that includes all the amenities offered at that location. • Humana Active Outlook® Humana Active Outlook Program includes HAO Magazine, Life - Works- Member Assistance Program, and other health and wellness education materials. • QuitNet® A comprehensive smoking cessation service. Its features include the Customized QuitNet® Website, telephone counseling /coaching, the QuitNet® QuitGuide, and QuitTips e-mail support. • HumanaFirst® A toll -free 24 -hour, seven day a week medical information service staffed with specially trained registered nurses to assist in immediately answering questions on symptom related health conditions. Also available is an audio text library to access information on a variety of health topics. 2010 Standard PFFS 078 -026 Humana.com -529- 10/23/2009 HUMANA. ( ;if ;dance when you uc d it most Care Management • Clinical Programs /Disease Management (2) - CHF - Congestive Heart Failure - COPD - Chronic Obstructive Pulmonary Disease - ESRD - End Stage Renal Disease - Diabetes - Rare Disease Program - this program includes the following diseases /conditions: ALS, Cystic Fibrosis, Parkinson's, Lupus, Rheumatoid Arthritis, Dermatomyositis, Myasthenia Gravis, Polymyositis, Hemophilia, Scleroderma, Sickle Cell Anemia, CIDP, Multiple Sclerosis Transplant Program CKD - Chronic Kidney Disease (this program is a pilot program offered only to members in the Kansas City market at this time, which is the site of the pilot) (1) All coinsurance percentages are based on the Medicare fee schedule and not billed charges. (2) We have provided examples of various Health Education and clinical programs. Actual programs may vary by market. 2010 Standard PFFS 078 -026 0 Huma5n3a.com 10/23/2009 -- HUMANA C;itidatice when you tied it most The products and services described below are neither offered nor guaranteed under ous contract with the Medicare program. They are not subject to the Medicare appeals process. Any disputes regarding these products and services may be subject to the Humana grievance process. Extra Services • Complimentary & Alternative Medicine The American WholeHealth network provides complimentary & alternative medicine discount services for Humana members and includes more than 25,000 practitioners. • EyeMed Vision Discount EyeMed Vision Care provides all Humana members reduced rates through the discount program. Discounts include savings on eyewear, contact lenses, laser vision correction, and eye exams. The EyeMed program offers national access to over 48,000 eye care professionals, including private practice optometrists, ophthalmologists, and opticians. Humana members present their member ID card to the EyeMed provider at the time of service to receive their savings. Members can also access a printable discount card that can be presented at the time of service. There are no claims to file, no deductibles to meet, and no waiting for reimbursement. Savings are applied directly to the member's purchase. • HumanaDental Discount The HumanaDental discount is easy to use. Visit Humana.com or call HumanaDental at 1- 800 - 898 -0371 (TTY: 1- 800 - 833 -3301) to find a dentist in your area. The HumanaDental dentist will charge the negotiated fee, and you make the payment right after receiving services. Members residing in Florida have a similar dental discount program through CAREINGTON. Visit www.Unified.cidental.com or call 1 -800- 290 -0523 for more information. Not available in Puerto Rico. • Hearing Aids and Care Humana has teamed with TruHearing, HearUSA and Newport Audiology Hearing Centers to provide services and discounts that include savings of $600 to $2,700 off retail costs on state -of- the -art digital hearing aids, a free comprehensive hearing exam using the latest diagnostic equipment, and follow -up office visits. These vendors provide a return guarantee within 45 days of purchase plus a one -year warranty on lost or damaged instruments and a two -year limited product warranty. • Hearing Discount You receive discounts for hearing aids and a free hearing screening at Beltone hearing care locations. Not available to members who reside in Illinois, Nevada, and Florida. 2010 Standard PFFS 078 -026 Humana.com -531- HUMANA Gill c 1Ce. when you n.cd it most. • Extra Services (continued) • Lifeline Medical Alert Systems Humana has partnered with Lifeline® Medical Alert Systems to help you live a more independent, active life at home. You receive discounted rates on the installation of Lifeline CarePartners Home Communicator and lower monthly fees for monitoring services, provided 24- hours -a -day all year. Not available to members who reside in Puerto Rico. • Nutritional Supplement Discount You receive discounted prices on nutritional supplements available through HumanaMail. There is no charge for shipping and handling. • Over - The - Counter Discount You receive discounted prices on over the counter health and wellness products available through HumanaMail. There is no charge for shipping and handling. • Weight Management Discount (NutriSystem SilverTM) The goal of the NutriSystem SilverTM program is to help older Americans lose weight simply so they can enjoy vibrant, healthy lives. You get free membership and counseling, as well as free access to the NutriSystem community through our Website. When you sign up for the 28 -Day NutriSystem SilverTM program, you get a free 30 -day supply of Nutrihance® multivitamins and $30 off every order you place through the program. • eHarmony.com Discount The eHarmony environment is designed to help you meet compatible singles. After getting to know you through a detailed questionnaire, eHarmony does the searching for you and only presents you with matches that are pre- screened for compatibility with you. As a Humana Medicare member, you save 20% on a six - month eHarmony membership. Not available to members who reside in Puerto Rico. • Roadside Assistance Discount Through the Auto Assist Plus® 24 -Hour Roadside Assistance Service, you and your spouse get comprehensive roadside assistance coverage in any owned vehicle you drive. Services include help with towing, flat tires, battery failure, lock -outs, and more at the Humana member -only price of $49.90 per year -- a retail value of $89. You can also enjoy savings on hotels, car rentals, and automotive services, at no additional cost. Not available to members who reside in Puerto Rico. 2010 Standard PFFS 078 -026 Humana.com -532- 10/23/2009 Extra Services • Pharmacy Discount (continued) - This is optional for employers in 2010. H.JMANA (.rdlidaliCe when you nct2d it !nuit Certain types of prescription drugs often are not covered by prescription drug plans. But if your doctor prescribes any of these drugs to you, the pharmacy discount service can make them more affordable. This discount program can save you an average of 20% or more for prescription medicines_ These include drugs for weight loss, impotence, hair loss, and many other conditions. To see if a drug qualifies for the discount program, go to Humana.com and use the "prescription tools" section of MyHumana, or check your evidence of coverage booklet. All major pharmacy chains participate in this discount program, as well as many independent pharmacies, so it's easy to find a participating pharmacy near you. 2010 Standard PFFS 078 -026 Humana.co533m 10/23/2009 -- HUMANA Guidance when V01.1 11( ed i[ mot GENERAL LIMITATIONS AND EXCLUSIONS OF MEDICAL BENEFITS Your benefits do not include the following, except as otherwise noted: Abortions, except in cases of rape, incest or for life- endangering medical reasons. Acupuncture Ambulance service for nonemergency care to a physician's office, ambulance service for routine maintenance dialysis (unless medically necessary), ambulance service when another means of transportation could be used without endangering your health, or cost of air ambulance in excess of the amount payable for land ambulance when land ambulance would have sufficed. Assisted suicide Chiropractic services, except manual manipulation of the spine to correct a subluxation. Clinical Trials are not covered under the Humana Group Medicare Plan, but are covered under Medicare. If you choose to be part of a Medicare - qualifying clinical trial, you may continue to receive any care unrelated to the clinical trial through the Humana Group Medicare Plan. Custodial care /non- skilled nursing home care Dental care, except what is covered under Medicare. Medicare - covered services are limited to medically necessary surgery of the jaw or related structures, setting fractures of the jaw or facial bones, extraction of teeth to prepare the jaw for radiation treatments of neoplastic disease, or services that would be covered when provided by a doctor. Emergency services (as part of the emergency room benefit) for routine conditions that do not appear to a prudent lay person to be based on an emergency medical condition. Experimental or investigational procedures, items and medications, as determined by Medicare; or Phase I and Phase II investigational treatments as outlined by the National Cancer Institute. When there is no Medicare national coverage policy or determination, we will, at our sole discretion, determine if a treatment is experimental or investigational. Food allergy testing and treatment Hearing Care, except what is covered under Medicare. Medicare - covered services are limited to diagnostic hearing exams and treatment when a medical problem is present. Home health care services, including home health care blood transfusions, homemaker services, meals delivered to your home and nursing care on a full -time basis in your home, drugs and biologicals not covered by Medicare. Hospice services in a Medicare - participating hospice are not covered under the Humana Group Medicare Plan, but are-covered under Medicare. If you become eligible to enroll in a hospice program, you may continue to receive care unrelated to the terminal condition through the Humana Group Medicare Plan. Hospital services for care and supplies not ordered by a physician, if such care and supplies would not be paid for under Medicare guidelines; convenience and personal care items which are billed separately such as telephone, television or radio; private duty nurses and a private room in a hospital, unless medically necessary. Immunizations, except as outlined as a preventive care benefit. Kidney dialysis • Home dialysis services not covered include: dialysis aides services to assist in home dialysis; home dialysis blood or packed red cells unless administered by a network physician or a network physician personally directs its administration or it is needed to prime your dialysis equipment and wages lost to you and your dialysis assistant during self- training. • Inpatient dialysis services not covered include inpatient hospital and skilled nursing facility costs when the stay is solely for maintenance dialysis. • Outpatient dialysis services not covered include expenses for ambulance or other transportation from your home to a physician's office or a medical facility for routine maintenance dialysis and lodging costs during outpatient dialysis treatment. 2010 Standard PFFS 078 -026 Huma534na.com 10/23/2009 -- HUMANA C11ttdcnlc:c> when you nerd it most Naturopath's services Nursing care on a full -time basis in your home or private duty nurses Orthopedic and therapeutic shoes, except if they are part of a leg brace or are for individuals with severe diabetic foot disease. Orthotics and custom -fitted inserts in shoes are not covered unless they are for individuals with severe diabetic foot disease. Plastic, cosmetic, or reconstructive surgery, except when medically necessary as the result of an injury or tumor. Such surgery will also be covered if an objective physical impairment is present, which is defined as a direct measurable reduction of physical performance of an organ or body part. The presence of a psychological condition will not entitle you to coverage for plastic, cosmetic, or reconstructive surgery unless all other conditions are met. Breast reconstruction is only covered following a mastectomy. Religious aspects of care provided in Religious non - medical healthcare institutions Services for which you have other coverage, including military service- connected conditions as defined by the Veterans Administration for which care is received from the Veterans Administration by you or paid for you by the Veterans Administration. If you have Veterans Administration benefits, you may decide whether you will use those or the Humana Group Medicare Plan. However, the Humana Group Medicare Plan will not pay for services received from the Veterans Administration, services covered by another government program other than Medicare or Medicaid and services paid by workers' compensation, automobile liability insurance, employer group health plans, or any other type of insurance. The Humana Group Medicare Plan will become the secondary payer in cases such as workers' compensation, automobile liability, or other types of insurance. Services performed by immediate relatives or members of your household, or services for which neither you nor another party acting on your behalf has a legal obligation to pay. Skilled nursing facility if rehabilitation services or skilled nursing care are only required occasionally; or an inpatient stay is not necessary to receive the skilled rehabilitation services required; or the rehabilitation services no longer improve a condition or could be carried out by someone other than a skilled therapist; or care is custodial. Surgical treatment of morbid obesity, except when determined medically necessary. Therapeutic wigs Transportation other than ambulance transportation Vision Care, except what is covered under Medicare. Medicare - covered vision care is limited to one pair of standard eyeglasses or contact lenses after each cataract surgery, annual glaucoma screening if you are determined to be at high risk for glaucoma, and diagnosis and treatment of diseases and conditions of the eye. HUMANA Guidance when von need it most A Medicare - approved PFFS available to anyone enrolled in both Part A and Part B of Medicare through age or disability. Copayment, service area, and benefit limitations may apply. 2010 Standard PFFS 078 -026 Humana.com -535- 10/23/2009 26 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation of FY2009- 20101St Quarter Budget Performance Report . 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 PowerPoint X Supplemental Information Eddie Houlihan Assistant Budget Director EddieHo(cctexas.com (361)826 -3792 0) a z • • co d ClaN • 1/40* ,V` • :10 41 a t Was tewate r GO 1p 013313 d YTD 2009 -10 CI ACTUAL 2008 -09 ACTUAL 2007 -08 • P 0 0 L Wastewater MQ W luaaiad YTD 2009 -10 0 ACTUAL 2008 -09 0 ACTUAL 2007 -08 • 1 a • 1 t; C • d Ott im• 1 -r " I I l N OI Zr 00 Iuaaaad Emp Ben-Health Emp Ben -Liab ? 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