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HomeMy WebLinkAboutAgenda Packet City Council - 07/13/2010■wir =Inn 1mm, illimilfta.0%.011• 11:45 A.M. - Proclamation declaring Leadership Corpus Christi Class 38 — "Best Class Ever". Proclamation declaring Saturday, July 17, 2010 as "Walk 'N Roll for Disability Awareness Day ". Proclamation declaring the month of July 2010 as the "201x' Anniversary of the Americans with Disabilities Act ". Proclamation declaring July 30 — August 1, 2010 as "Texas A &M Health Science Center — Coastal Bend Health Education Center: 6 Annual Diabetes Conference Weekend ". Swearing -in Ceremony of newly appointed Board, Commission and Committee Members. AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JULY 13, 2010 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- espariol en Codas las juntas del Concilio pars ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 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 Benjamin Wheeler, Southside Community 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 Larry Elizondo, Sr. Council Members: Chris N. Adler Brent Chesney Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa Agenda Regular Council Meeting July 13, 2010 Page 2 CiTY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of July 6, 2010. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. 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.) 2. Motion approving a supply agreement with Vulcan Construction Materials, L.P., of San Antonio, Texas for approximately 9,000 tons of trap rock in accordance with Bid Invitation No. BI -0169- 1 0, based on only bid, for a total amount of $354,150 of which $29,512.50 is required for the remainder of FY 2009 -2010. The term of the supply agreement will be twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Agenda Regular Council Meeting July 13,2010 Page 3 CITY COUNCIL PRIORITY ISSUES {Refer to legend at the end of the agenda summary) Manager or his designee. Funds have been budgeted by the Street Department in FY 2009 -2010 and have been requested for FY 201 0 -2011. (Attachment # 2) 3. Motion approving a service agreement with Longhorn Regional Service Center, LLC, of Killeen, Texas, for the refurbishment of two (2) firefighter brush trucks in accordance with Bid Invitation No. BI- 0172 -10, based on only bid, for a total amount of $180,000. The brush trucks will be used by the Fire Department. Funding is available in the Capital Outlay Budget of the Maintenance Services Fund. (Attachment # 3) 4. Motion approving the purchase of a mobile global positioning system (GPS) from GeoShack, of San Antonio, Texas, in accordance with Bid Invitation No. BI- 0144 -10, based on only bid, for a total amount of $77,450. The GPS equipment will be used by the Water, Wastewater, and Storm Water departments. Funding for the purchase of the GPS equipment is available in the above respective operations budgets. (Attachment # 4) 5. Motion authorizing the purchase of specialized equipment for a total amount of $198,523 utilizing funds from the 2008 and 2009 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund No. 1062. (Attachment # 5) 6. a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $384,882 from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 10 with a City cash match of $449,758, in -kind services of $14,019, and program income cash match of $8,767, for a total project cost of $857,426 and to execute all related documents. (Attachment # 6) b. Ordinance appropriating $384,882 from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant in the Police Department. (Attachment # 6) 7. Ordinance appropriating an amount of $100,000 (funds received from SMG under contractual obligation to contribute capital for the American Bank Center) into the No. 4710 Visitors Facility Fund for American Bank Center expenditures; changing the FY Agenda Regular Council Meeting July 13, 2010 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing revenues and expenditures by $100,000 each. (Attachment # 7) 8. Ordinance authorizing the resale of 3.58 acres out of the Gregorio Farias Grant, Abstract No. 592, Nueces County, Texas, located at 1H-37 South Access Road at Redbird Lane, which was foreclosed upon for failure to pay ad valorem taxes, to Calalien Independent School District for $5,000, of which the City of Corpus Christi shall receive $1,031.56 plus $909.63 for partial payment of City paving and demolition liens. (Attachment # 8) 9. a. Motion authorizing the City Manager to execute a Deferment Agreement with Yorktown Oso Joint Venture, (Developer), in the amount $24,670.10 for future construction of Rodd Field Road as a requirement for Rancho Vista Subdivision Unit 3A, located south of Yorktown Boulevard and east of Rodd Field Road, in accordance with the Platting Ordinance Section V — Required Improvements, Subsection A. 3. b), contingent upon receipt of an acceptable form of financial document compliant with City requirements. (Attachment # 9) b. Ordinance appropriating a $24,670.10 payment from Yorktown Oso Joint Venture, made in lieu of half street construction of Rodd Field Road, to the infrastructure Fund No. 4730 for developers share of future construction of Rodd Field Road. (Attachment # 9) 10. Second Reading Ordinance. - Naming approximately 51.14 acres of Lot 9, Block 7, Cliff Maus Tracts, located near intersection of Airport Road at Horne Road, the Manuel Q. Salinas Park. (First Reading — 07/06/10) (Attachment # 10) EXECUTIVE SESSION: (NONE) 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 Agenda Regular Council Meeting July 13, 2010 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. J. PUBLIC HEARINGS: (NONE) K. SPECIAL BUDGET CONSIDERATION ITEMS: PROPOSED CITY OF CORPUS CHRISTI BUDGET FY 201°- 2011: 11. a. First Reading Ordinance - Adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2010; to be filed with the County Clerk; appropriating monies as provided in the budget. (Attachment # 11) b. First Reading Ordinance - To ratify increase of $1,380,315 in property tax revenues from last year's Operating Budget as reflected in the 2010 -11 Operating Budget. (Attachment # 11) PROPOSED REVISIONS TO THE CODE OF ORDINANCES, CHAPTER 39, PERSONNEL: 12. First Reading Ordinance — Amending Code of Ordinances, Chapter 39, Personnel, Article 111 Employee Compensation and Classification System, revising Section 39 -309 Coverage Under the City's Group Health Plan to Establish the City Contribution for Citicare Premium Coverage, Revising Section 39 -312 Retirees Participation in the City's Group Health Insurance Program at Group Rates to clarify that Group Rates are based upon the Retiree Group, Repealing All Other Ordinances, and Rules, or Parts of Ordinances and Rules, in conflict with this Ordinance; Providing for Effective Date. (Attachment # 12) PROPOSED FEE/RATE INCREASE ADJUSTMENTS INCLUDED IN THE PROPOSED FY 2010 -2011 BUDGET: 13. a. First Reading Ordinance - Amending Sections 55 -50, 55 -52, 55 -113 and 55 -70(9) and adding new Section 55 -55, 55 -56, and 55 -115, Code of Ordinances, City of Corpus Christi, regarding Water Rates; providing for publication. (Attachment # 13) Agenda Regular Council Meeting July 13, 2010 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. First Reading Ordinance - Article III, Chapter 12, Code of Ordinances, City of Corpus Christi, regarding the Sunrise Beach Recreation Site; and providing for publication. (Attachment # 13) c. First Reading Ordinance - Amending Sections 55 -61 and 55- 63, Code of Ordinances, City of Corpus Christi, regarding Gas Rates; and providing for publication. (Attachment # 13) d. First Reading Ordinance - Amending Section 35- 147(d), Code of Ordinances, City of Corpus Christi, regarding Pipeline Reporting Fees; and providing for publication. (Attachment # 13) e. First Reading Ordinance - Amending Sections 55 -100, 55- 102, and 55 -148, Code of Ordinances, City of Corpus Christi, regarding Wastewater Rates; and providing for publication. (Attachment # 13) f. First Reading Ordinance - Amending Section 18- 1(b)(12), Code of Ordinances, City of Corpus Christi, regarding Fire Code Fees; and providing for publication. (Attachment # 13) First Reading Ordinance - Creating new Section 19 -105, Chapter 19, of the Code of Ordinances, regarding Reinspection of Frozen Dessert Machines and related fee; amending the following provisions of Chapter 23, Code of Ordinances: Section 23 -18, entitled "Schedule of Fees for Clinical Health Services and Policies Related to the Imposition And Collection of Such Fees," to revise existing fees and applicable provisions; and Section 23 -19, entitled "Fee for Laboratory Testing of Water Samples ", to revise the title and establish new fees for Vector Services; creating new Section 23 -24, Entitled "Rental and Use of Facilities," regarding rental of the Auditorium, equipment, and fees; providing for an effective date; providing for penalties; and providing for publication. (Attachment # 13) h. First Reading Ordinance - Amending various provisions of Chapter 21 of the Code of Ordinances, entitled "Garbage, trash and other refuse" to revise existing fees, add new definitions and language, and establish new fees; providing for an effective date; providing for penalties; and providing for publication. (Attachment # 13) 9. Agenda Regular Council Meeting July 13, 2010 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) i. First Reading Ordinance - Amending Code of Ordinances, Chapter 17, to establish fees for Public Information Office: $25 CCTV Community Event Bulletin Board slide fee, and $75 /hour fee for video production services, and include Council Chambers audio video services after business hours fee of $50 /hour; providing an effective date; and providing for publication. (Attachment # 13) First Reading Ordinance - Amending the Code of Ordinances, Chapter 2 regarding $5.00 Lost Library Item Processing Fee; providing an effective date, and providing for publication. (Attachment # 13) k. First Reading Ordinance - Amending Section 31/2-2, Code of Ordinances relating to the fees charged for Alarm Systems; providing an effective date, and providing for publication. (Attachment # 13) I. Resolution authorizing adjustment of Parks, Recreation, Cultural, and Leisure time activities rental and recreational fees; adding new rental fees and recreational fees for fiscal year 2010 -2011; providing for an effective date; and providing for severance. (Attachment # 13) 14. First Reading Ordinance - Amending Chapter 14 "Development Services," Article XIII, "Development Services Fees ", Division 1, "Technical Construction Code Fees ", Section 14 -1302, "Standardized Building Valuation "; Section 14 -1304, "Processing And Plan Review Fee "; Section 14-1306, "Special Fees "; Section 14 -1307, "Reduced Fees "; Section 14 -1312, "Accounting "; and Section 14 -1313, "Technical Construction Code Fee Schedules ", of the Code of Ordinances, City of Corpus Christi, to' provide for minimum permit fees, simplified methods to calculate building permit fees and plan review fees; to provide for expedited plan review by internal staff; to provide for special inspections on non- standard days and hours; to provide for fees for construction site offices, fees for both standard and duplicate certificates of occupancy, fees for temporary events, penalty fees, inspections outside of the City limits, electrical permit fees, plumbing permit fees, mechanical permit fees, fuel gas permit fees, swimming pool fees; and providing for fees for existing applications made prior to the effective date; providing a repealer clause; and providing an effective date. (Attachment # 14) Agenda Regular Council Meeting July 13, 2010 Page 8 L. REGULAR AGENDA: CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 15. Motion authorizing the City Manager or his designee to execute a service agreement with Collier, Johnson & Woods, P.C., of Corpus Christi, Texas for $140,000 to provide professional auditing services in accordance with Request for Proposal No. BI- 0139 -10. The term of the agreement will be for twelve months, with an option to extend for up to four additional twelve- month periods, subject to the approval of the contractor and the City Manager or his designee. This service will be used by the Finance Department. Funding is budgeted and available in the General Fund for FY 2010 -2011. (Attachment # 15) 16. Resolution by the City Council of the City of Corpus Christi requesting financial assistance from the Texas Water Development Board in the amount of $20,125,500 for the design and construction of improvements to the O. N. Stevens Water Treatment Plant; authorizing the filing of an application for assistance; and making certain findings in connection therewith. (Attachment # 16) M. PRESENTATIONS: Public comment will not be solicited on Presentation items. 17. Proposed Zoning Ordinance Amendments for Nonconforming Lots of Record and for Compact and Clustered Development Overlay (POSTPONED ON 07/06/10) (Attachment # 17) (RECESS REGULAR COUNCIL MEETING) N. CITY CORPORATION MEETINGS: 18. CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION (CCIDC): (Attachment # 18) AGENDA CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION ANNUAL MEETING DATE: Tuesday, July 13, 2010 TIME: During the meeting of the City Council beginning at 12:00 p.m. Agenda Regular Council Meeting July 13, 2010 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PLACE: City Council Chambers 1201 Leopard Street Carpus Christi, TX 78401 1. CaII meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Offer Larry Elizondo, Sr., President Angel R. Escobar, General Manager Brent Chesney, Vice -Pres. Armando Chapa, Secretary Joe Adame Mary Juarez, Asst. Secretary Chris Adler Cindy O'Brien, Treasurer Kevin Kieschnick Constance P. Sanchez, Asst. Treas. Priscilla Leal John E. Marez Nelda Martinez Mark Scott 3. Election of Officers: President, Vice - President, General Manager, Secretary, Assistant Secretary, Treasurer, and Assistant Treasurer. 4. Approval of minutes of July 6, 2010. 5. Financial Report. 6. General Manager's Annual Report. 7. Public Comment. 8. Adjournment. 19. CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION (CCCICL (Attachment # 19) AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION ANNUAL MEETING DATE: Tuesday, July 13, 2010 TIME: During the meeting of the City Council beginning at 12:00 P.m. Agenda Regular Council Meeting July 13, 2010 Page 10 PLACE: 1. City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 President Nelda Martinez calls meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Nelda Martinez, President Chris N. Adler, Vice -Pres. Joe Adame Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Mark Scott CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 9fflcers Angel R. Escobar, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treas. 3. Approval of minutes of March 23, 2010. 4. Election of Officers: President, Vice - President, General Manager, Secretary, Assistant Secretary, Treasurer, and Assistant Treasurer. 5. Approval of the Financial Report. 6. General Manager's Annual Report. 7. Appointment of the CCC1C /Loan Review Committee members. 8. Public Comment. 9. Adjournment. 20. CORPUS CHRISTI HOUSING FINANCE CORPORATION (CCHFC): (Attachment # 20) AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION ANNUAL MEETING DATE: Tuesday, July 13, 2010 TIME: During the meeting of the City Council beginning at 12:00 p.m. Agenda Regular Council Meeting July 13, 2010 Page 11 PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1. President John E. Marez calls meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Officers John E. Marez, President Angel R. Escobar, General Manager Kevin Kieschnick, Vice -Pres. Armando Chapa, Secretary Joe Adame Mary Juarez, Asst. Secretary Chris Adler Cindy O'Brien, Treasurer Brent Chesney Constance P. Sanchez, Asst. Treas. Larry Elizondo, Sr. Priscilla Leal Nelda Martinez Mark Scott 3. Approval of minutes of March 23, 2010. 4. Election of Officers: President, Vice - President, General Manager, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer. 5. Approval of the Financial Report. 6. General Manager's Annual Report. 7. Public Comment. 8. Adjournment. (RECONVENE REGULAR COUNCIL MEETING) O. 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 1S 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.) 1 Agenda Regular Council Meeting July 13, 2010 Page 12 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL. BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. P. CITY MANAGER'S COMMENTS: (NONE) Q. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulle 7 board at the front entrance to City Hall, 1201 Leopard Street, at :, 1} p.m., on July 8, 2010. 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 2010 -2011 �1a L • WATER 041,01 Como+. cnrnsi. ift, Bayfront and Downtown Initiatives Complete Utility Master Plans Conservation and Recycling Education Plan Comprehensive Economic Development Approach Street Improvement Plan Development Process Improvement Mary Rhodes Pipeline Phase 11 Water Plan Safe and Healthy Community Initiatives (Gang, Graffiti, and Physical Health Emphasis) Support Continued Military Presence MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 6. 2010 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Larry Elizondo, Sr. Council Members: Chris Adler Brent Chesney Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott City Staff: City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Marcus J. Denson, 111 with Waves Christian Fellowship and the Pledge of Allegiance to the United States flag was led by Council Member Adler. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meeting of June 29, 2010 and the Retreat of June 1, 2010. A motion was made and passed to approve the minutes as presented. Mayor Adame referred to Item 2 regarding the following public hearing: 2. Public Hearing on the Proposed FY 2010 -11 Operating Budget. This budget will raise more total property taxes than last year's budget by $1,380,315 (General Fund $913,332, Debt Service Fund $496,524, and Special Revenue ($29,541), or 1.8 %, and of that amount an estimated $582,269 is tax revenue to be raised from new property added to the tax roll this year. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including the recommendations for the General Fund, Enterprise Fund, Internal Service Fund, Special Revenue Fund, and Debt Service Fund; pending council actions related to the budget implementation; new initiatives for FY2010 -2011; tax rate adoption calendar; and the budget calendar. Mr. Martinez also presented consolidation and reorganization initiatives and spending reduction options for consideration. A motion was made, seconded and passed to open the public hearing. Mayor Adame called for comments from the audience. Bill Kopecky, 3609 Topeka, spoke regarding the utility transfer of $6.2 million and the increase in water rates. Gene Pasahow, 4018 Kingston, spoke regarding opposition to reducing the trash collection; the reduction of mowing and trash collection in City parks; and the elimination of solid waste positions. Mr. Paschal also spoke regarding recycling. Dolores Dees, 4221 Noiford Place, stated that her neighborhood does not support once a week garbage collection and decreased mowing of parks. Linda Strong, 15905 —1— Minutes — Regular Council Meeting July 6, 2010 -- Page 2 Punta Espada Loop, spoke on behalf of the Art Museum of South Texas and how the reduction of funding would affect funding at the state level. Ms. Strong thanked the staff and Council for helping the Art Museum address this challenge. June Martinez, 4014 Herndon, spoke in opposition to the consideration of the consolidation of the Human Resources /Human Relations Departments. Rolando Garza presented a petition of citizens expressing opposition to once a week garbage collection. Mr. Garza suggested allowing citizens the option of opting out of once a week collection and recycling costs. Maria Gonzalez, 1813 Amazon, spoke regarding the increase in health insurance premiums for civilian employees. Foster Edwards, CEO of the Corpus Christi Chamber of Commerce, stated that the Chamber of Commerce Board unanimously supported the adoption of the current effective tax rate and using the funds for maintenance and repair to improve the City. Lee Gwozdz, Executive Director of the Cathedral Concert Series, asked that the Council restore the Hotel Occupancy Tax (HOT) funds for the arts groups. John Kelley, 413 Waco, spoke regarding the effective tax rate and the consideration of the economic downstream for privatizing City functions. MaryJane Crull, South Texas Botanical Gardens of Corpus Christi, spoke regarding the success of the Botanical Gardens and the use of their annual allocation of HOT funds for outside the area marketing. Ms. Crull requested that the Council consider restoring the funding for the Botanical Gardens in the amount of $20,000. Mary Ann Kelly, 4302 Schanen, spoke in opposition to the increase in utility rates and the once a week garbage collection. Ms. Kelly also stated that there should be some accountability for the uncollected utilities. Tony Armadillo, 510 Poenisch, spoke regarding the impact of the arts programs to the community and requested that funding be restored for the arts programs. J.E. O'Brien, 4130 Pompano, spoke regarding the increase in water and wastewater rates; the issuance of revenue bonds; and postponing the capital improvement projects. Jesse Noyola, 4421 Bluefield, spoke regarding the four day work week for City employees; once a week garbage collection; and the elimination of solid waste positions. Abel Alonzo, 1701 Thames, spoke in support of the effective tax rate; recycling; once a week garbage collection; and supporting the arts. Mr. Alonzo expressed opposition to the consolidation of the Human Relations /Human Resources Departments. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Chesney and passed. The following topics pertaining to this item were discussed: the Health Care Legislation Reimbursement; the increase for the retiree health insurance; the delinquent utility collections; the employee suggestions incorporated into the budget; the interest rates for debt service; funding for the Art Museum of South Texas; the savings realized for the capital improvement projects; the contingencies to reduce the effective rate from $0.58 to $0.56; the elimination of the Deputy City Manager position; the consolidation of the City's Economic Development Department and the Corpus Christi Regional Economic Development Corporation; the delay of capital improvement projects; the effective tax rate; the reduction of mowing services for parks; contractual commitments; the reduction of the GASB liability; once a week garbage collection; the use of HOT funding to fund the arts programs; concern with the elimination of one Assistant City Manager; the consolidation of the Human Relations /Human Resources departments; marketing the utility bill donation for the arts; privatization efforts; supporting the establishment of a Drainage District; the utility transfer; collective bargaining for city employees; furlough days; the increase of utility rates; and the status on the hiring of the Director of Economic Development position. Ms. Martinez made a motion directing staff to come back with recommendations to appropriate $170,000 for the Art Museum of South Texas. The motion was seconded by Ms. Adler. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes — Regular Council Meeting July 6, 2010 — Page 3 Council Member Martinez requested that staff provide a report on the employee suggestions that were incorporated into the budget. Council Member Scott requested staff provide information an what other Texas cities are doing for garbage collection. Council Member Scott also requested that staff provide a recommendation to fund the South Texas Botanical Gardens in the amount of 510,000. Council Member Marez expressed consideration to donating his Council salary allocation for next fiscal year to the arts programs. Assistant City Manager Martinez reported that staff will provide options for funding the arts programs that the Council has identified and further funding reduction recommendations for consideration. * * * * * * * * ** ** Mayor Adame referred to Item 15 regarding an update on the American Bank Center Area PubliclPrivate Partnership Based Development. Mayor Adame announced that he would abstain from the discussion on this item. Assistant City Manager Johnny Perales explained that this presentation is intended to inform the Council on the status of the project and introduced Joe Esch with Wallace Bajjali Development Partners, L.P. Mr. Esch referred to a powerpoint presentation including a review of the history, land owners, efforts, and taskforce; the area map; the North Beach area map; North Beach development issues; the North Side area map; the Port property; the Shoreline area and issues; and recommendations. Mr. Perales reported that staff is working with the Corpus Christi Beach Taskforce to update the area development plan for that part of the City and master planning is beginning for the Northside area. The following topics pertaining to this item were discussed: the land ownership of the private properties; business, economic, and geographic limitations on some of the property; and developing policies that impede future private /public partnerships. There was a general consensus to bring back a resolution to Council that articulates the Council's support for the project. Mayor Adame referred to Item 3 and the following board appointments were made: Board of Adjustment Heriberto A. (Tony) Pineda (Appointed) C.C. Business & Job Development Corporation Foster Edwards (Reappointed) Robert Tamez (Reappointed) Eloy Salazar (Reappointed) C.C. Convention & Visitors Bureau Nils Stolzlechner (Reappointed) Robert Tamez (Reappointed) Butch Pool (Reappointed) Bill Morgan (Reappointed) Mark Schaberg (Reappointed) Tom Schmid (Reappointed) Clean City Advisory Committee Paul A. Castorena (Reappointed) Scot Barker (Reappointed) Brian Cornelius (Reappointed) Paige Dinn (Reappointed) Joan Veith (Reappointed) Melissa Espitia (Reappointed) Intergovernmental Commission on DndAlcohol Robert Huerta, Jr. (Appointed) Leadership Committee for Senior Services Gloria Gooding (Appointed) Billy Ray Sayles (Appointed) Ida Alvardo Hobbs (Appointed) Hubert Hall (Appointed) Minutes — Regular Council Meeting July 6, 2010 — Page 4 Council Member Chesney requested that the policy stating that no member can serve on more than one city board be extended to non -city boards; grandfathering the current members already serving. There was a consensus of the Council to direct the City Secretary to bring back an amendment to the Council Polices in two weeks. * * * * * .* * * * * ** Mayor Adame called for consideration of the consent agenda (Items 4 - 7). There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2010-163 Motion approving a supply agreement for 2,930 tons of liquid caustic soda with Univar USA, of Corpus Christi, Texas for water chemicals in accordance with Bid Invitation No. BI -0129- 10, based on low bid for an estimated six -month expenditure of $439,210 of which $73,201.66 is required for the remainder of FY 2009 -2010. The term of the contract will be for six months with options to extend for up to nine additional six -month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Water Department in FY 2009 -2010. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 5. ORDINANCE NO. 028669 Ordinance appropriating $6,680.20 in Fund No. 1020 General Fund from the Department of Justice, Bullet Proof Partnership Grant for 50% reimbursement of the purchase of National Institute of Justice (NIJ)- approved body armor makes and models; changing the FY 2009- 2010 Operating Budget adopted by Ordinance No. 028252 by increasing expenditures and revenues by $6,680.20 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 6. RESOLUTION NO. 028670 Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with the Corpus Christi Regional Transportation Authority for use of fueling facilities. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 7. ORDINANCE NO. 028671 Authorizing the City Manager or his designee to execute "1st Amendment to Lease Agreement" (attached) with New Cingular Wireless PCS, LLC to amend the existing lease of City property for cell tower use by: (1) defining the consumer price index to be the All Urban Consumers, Houston - Galveston - Brazoria, All Items Index; (2) giving lessee the right to grant "co- locating use licenses" to portions of the leased premises; (3) requiring lessee to pay the city an annual fee of $9,600 per licensee; (4) replacing lessee's name and address from Southwestern Bell Mobile Systems, Inc. to New Cingular Wireless PCS, LLC; and (5) keeping intact all other terms of the lease. (First Reading — 06/08/10) —4— Minutes — Regular Council Meeting July 6,2010 — Page 5 The foregoing ordinance was passed and approved an its second reading with the following vote: Adame, Adler, Chesney. Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott. voting „Aye" * * * * * * * * * * * ** Mayor Adame referred to Item 8, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0510 -01, Karen Kay Kosarek Clark, et al: A change in zoning from the "R-1B" One- family Dwelling District to the "1 -2" Light industrial District on 8.77 acres to develop the property for future light industrial uses to include a funeral home with a crematorium on approximately 2 acres of the property. The property to be rezoned is an 8.77 acre tract out of Bohemian Colony Lands, Section 7, Lot 2, generally located at 5925 Ayers Street, approximately 1000 feet south of the intersection of Ayers Street and Holly Road. City Secretary Chapa announced that Council Member Adler would abstain from the discussion and vote on this item. Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including an aerial view; the existing land use map; the future land use map; "R -2" and "1 -2" allowable uses; and additional views of the subject property. Ms. Macon stated that the Planning Commission and staff recommended approval of the "1 -2" Light Industrial District. No one appeared in opposition to the zoning change. Mr. Marez made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 8. ORDINANCE NO. 028672 Amending the Zoning Ordinance, upon application by Karen Kay Kosarek Clark, et al, by changing the Zoning Map in reference to an 8.77 acre tract out of Bohemian Colony Lands, Section 7, Lot 2, from "R-1B" One- Family Dwelling 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Adler abstained. Mayor Adame referred to Item 9, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0510 -03. Wallace and Shirley Graham: A change in zoning from the "B -1" Neighborhood Business District to the "B-4" General Business District to develop the property for a veterinary hospital. The property to be rezoned is. Stonehenge Unit #1, Block 1, Lot 1 B, located at 7201 South Staples at the intersection of Lipes Boulevard and South Staples Street. Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including an aerial view; the existing land use map; the future land use map; views of the subject property; and the "B -1" and "B-4" allowable uses. -5- Minutes -- Regular Council Meeting July 6, 2010 — Page 6 Ms. Macon stated that Planning Commission and staff recommend approval of the "B -4" General Business District. In response to Council Member Elizondo, Ms. Macon stated that the re- zoning to "B-4" would allow for a bar establishment. Cliff Atnip, representative for the buyer, stated that the property backs up to the church property. Mr. Atnip reported the cost that the buyer is paying for the property, the cost to remodel the property into an animal hospital, and the minimal parking would be excessive for a bar to buy the property and have a return on investment. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mayor Adame announced that he would abstain from the vote on this item. Mr. Chapa polled the Council for their votes as follows: 9. ORDINANCE NO. 028673 Amending the Zoning Ordinance, upon application by Wallace and Shirley Graham, by changing the Zoning Map in reference to Stonehenge Unit #1, Block 1, Lot 1B, from "B -1" Neighborhood Business District to "B-4" General Business District amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Adame abstained. Mayor Adame referred to Item 10, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0510 -05, Williams Airline Partner, Ltd.: A change in zoning from the "A -1" Apartment House District and "A -2" Apartment House District to the "B-4" General Business District to accommodate additional parking for commercial development. The property to be rezoned is 0.235 acres out of Wilkey Addition, Unit 2, Lot H located at 5854 Williams Drive, approximately 1 ,200 feet northwest of the intersection of Williams Drive and Airline Road. Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including an aerial view of subject property; the existing land use map; the future land use map; and "A-1", "A -2 ", and "B -4" allowable uses. Ms. Macon stated that Planning Commission and staff recommended approval of the "B -4" General Business District. No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close the public hearing, seconded by Ms. Adler, and passed. Mr. Chapa polled the Council fortheirvotes as follows: 10. ORDINANCE NO. 028674 Amending the Zoning Ordinance, upon application by Williams Airline Partners, Ltd., by changing the Zoning Map in reference to 0.235 acres out of Wilkey Addition, Unit 2, Lot H from "A -1" Apartment House District and "A -2" Apartment House District to "B -4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. -6- Minutes — Regular Council Meeting July 6,2010- - Page 7 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Elizondo was absent. Mayor Adame recessed the Regular Council meeting to hold a Corpus Christi Industrial Development Corporation (CCIDC) meeting. Mayor Adame returned the Regular Council meeting. Mayor Adame opened discussion on item 12 regarding lease of property from the Corpus Christi Industrial Development Corporation (CCIDC) and the naming of the property to the "Manuel Q. Salinas Park." Assistant Director of Parks and Recreation Stacie Talbert provided information on the location of the property; the timeline summary; the Park and Recreation Advisory Committee (PRAC) clarification for naming the property; and information on Manuel Q. Salinas. City Secretary Chapa stated that the ordinance will be adopted in two readings with the second reading being held on July 13th. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 12.a. MOTION NO. 2010-164 Motion to authorize the City Manager or his designee to execute a lease from Corpus Christi Industrial Development Corporation to lease to the City approximately 91.70 acres tract of land out of Tract G, as shown on Cliff Maus Tracts "C, D, E, F and G," Nueces County, Texas, located near intersection of Airport Road at Horne Road, for recreational purposes. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 12.b. FIRST READING ORDINANCE Ordinance naming approximately 51.14 acres of Lot 9, Block 7, Cliff Maus Tracts, located near intersection of Airport Road at Horne Road, the Manuel Q. Salinas Park. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Mayor Adame opened discussion on Item 13 regarding the Q.N. Stevens Facilities Feed Optimization Improvements (Chlorine /Chloramine Optimization Assessment). Director of Engineering Services Pete Anaya introduced the presentation team including Director of Water Operations Gus Gonzalez; Assistant Director of Engineering Services Dan Biles; Deputy Directorof Water Mark Van Vleck; O.N. Stevens Plant Manager Steve Carpenter; and representatives from LNV Engineering, Corollo Engineering, and Bath Engineering. Minutes — Regular Council Meeting July 6, 2010 — Page 8 Mr. Biles referred to a powerpoint presentation including a background; the benefits of the project; the existing O.N. Stevens Water Treatment Plant (ONSWTP) processes; ongoing improvements; the hydraulic capacity; ONSWTP improvements; plant headworks improvements site plan; the project scope; project coordination; project costs; estimated construction costs; fees for services; project schedule; and the summary of benefits. The following topics pertaining to this item were discussed: the future transition from gaseous chlorine to sodium hypochlorite disinfectant; the reason the project could not be delayed; federal funding opportunities; and whether it would be more cost effective to build a newer plant. Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, spoke regarding the cost to build a new facility; delaying the project; and preparing the plant for the Las Brisas Plant. City Secretary Chapa polled the Council for their votes as follows: 13. MOTION NO. 2010 -165 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $1,832,547 for a total restated fee of $1,875,447 for design, bid, construction phase and additional services for the O.N. Stevens Facilities Feed Optimization Improvements (Chlorine/ Chloramine Optimization Assessment). (CIP 2010) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. * *t * ** * * * * ** Mayor Adame called for petitions from the audience. Joe Wilson; April Ybarra, 4309 Fir; Nancy Ybarra, 4309 Fir; Tim Dowling, 8017 Villefranche; Isabel Palacios, 5929 Raven Hill; and Margaret Oliveira Dechant, 7405 Lake Travis, spoke regarding the benefits of the Sister City Program and expressed support for funding the program in the budget. Council Member Marez asked staff to bring back a recommendation to fund the Sister City Program in the amount of $18,000. Council Member Martinez asked questions regarding the continuous reduction of the Sister City Program. Mayor Adame opened discussion on Item 14 regarding the restructuring, outsourcing, and privatization services. Assistant City Manager Oscar Martinez explained that this item includes a presentation from Crowe Horwath, LLP on the results of the Phase 1 Initiative; an ordinance appropriating funding for Phase 2; and the execution of a service agreement with Crowe Horwath LLP for Phase 2. Mr. Martinez introduced the presentation team including John Hulburt, Tom Guevara, and Alicia Antonetti- Tricker with Crowe Horwath, LLP who were available to respond to questions. Mr. Hulbert referred to a powerpoint presentation of the assessment including a heat map identifying the initiatives evaluated; a bubble chart prioritizing the privatization initiatives by quadrants and the timeframe to begin realizing savings; a cost savings analysis; a timeline on privatization efforts to annualize savings; initiatives that the City has already privatized or restructured; and next steps for Phase 2. Minutes — Regular Council Meeting July 6, 2010 — Page 9 The following topics pertaining to this item were discussed: addressing the initiatives by quadrants; whether the cost savings analysis was determined by all cities or comparable cities to Corpus Christi: the current City functions for the initiatives; the best practice savings for street maintenance; the total projected opportunity to gain efficiencies ranges: the recommendation from Crowe Horwath on which initiatives the City could have the most savings; the project scope for Phase 2; the project cash flow statement; concern with the generalities of the assessment provided by Crowe Horwath; if staffs recommends expending additional funds to move forward with the assessment; whether staff concurs with the projected cost savings analysis; if any initiatives were utilized in the current budget cycle; focusing on long term savings versus short term savings; the projected cost Phase 3 and the scope of services; whether the City has the ability or the capacity to manage the reorganization and privatization internally; the structure of the agenda item; and the savings for reorganization initiatives. Council Member Leal requested an orgtinizational chart with the changes that are expected to be implemented. Council Member Kieschnick recommended that the item be tabled to allow the Council additional time to consider the items discussed today. Mayor Adame called for comments from the audience. Abel Alonzo, 1 701 Thames, spoke regarding Council's support of staffs recommendations. Council Member Scott made a motion to table this item until July 20, 2010. The motion was seconded by Mr. Kieschnick. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 14.b. TABLED TO JULY 20, 2010 14.c. TABLED TO JULY 20, 2010 be appropriated in the Ccncral Fund in FY 2009 2010. Mayor Adame announced that Item 16 was withdrawn by staff. Minutes — Regular Council Meeting July 6, 2010 —Page 10 There being no further business to come before the Council, Mayor Adame adjourned the Council greeting at 6:10 p.m. on July 6, 2010. * ** ******** ** 2 Requested Council Action: 7/13/10 Alternate Council Date: 7120110 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Vulcan Construction Materials, L.P., San Antonio, Texas for approximately 9,000 tons of trap rock in accordance with Bid Invitation No. BI- 0169 -10, based on only bid, for a total amount of $354,150 of which $29,512.50 is required for the remainder of FY 2009 -2010. The term of the supply agreement will be twelve- months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Street Department in FY 2009 -2010 and have been requested for FY 2010 -2011. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: The trap rock will be used by the Street Department for the street seal coating program. Seal coating is a maintenance process that extends the life of the street. Bid Invitations Issued: Six Bids Received: One Award Basis: Only Bid Funding: Street Department 520130- 1020 -12430 Michael Barrera Assistant Director of Financial Services (361) 826 -3169 mikeb@cctexas.com (FY09 -10) $29,512.50 Total $29,512.50 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO COUNCIL DATE: JULY 13, 2010 ITEM DESCRIPTION BID INVITATION NO. BI- 0169 -10 AGGREGATE ROCK 1.1 Trap Rock, Item # 302, Type E, Grade 5, TX DOT 2004 Standard Specification — in accordance with Specification No. 1070 Section III, item C. QTY UNIT 9,000 TON VULCAN CONSTRUCTION MATERIALS, L.P. SAN ANTONIO, TEXAS UNIT PRICE TOTAL PRICE $39.35 $354,150.00 Total $354,150.00 3 Requested Council Action: 7/13/10 Alternate Date: 7120110 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a service agreement with Longhorn Regional Service Center LLC, Killeen, Texas, for the refurbishment of two (2) firefighter brush trucks in accordance with Bid Invitation No. B1- 0172 -10, based on only bid, for a total amount of $180,000. The brush trucks will be used by the Fire Department. Funding is available in the Capital Outlay Budget of the Maintenance Services Fund. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: The Contractor will rebuild two (2) M -800 Series (Jeep Kyser Military) brush trucks. The work will include the disassembly, reconditioning and reconstruction of the brush trucks. It will also include the installation of new, state of the art firefighting package which includes: new water tank, pump, plumbing, emergency lights, body armor, pump, roll systems and wiring. The brush trucks will be used to combat brush fires and are high - profile vehicles which can also be used in the event of an emergency, such as flooding. Bid Invitations Issued: One Bids Received: One Award Basis: Only Bid Funding: Maintenance Service Fund 550020- 5110 -40120 Michael Barrera Assistant Director of Financial Services E -mail: mikeb@cctexas.com 826 -3169 Total: $180,000.00 $180,000.00 CITY OF CORPUS CHRISTI PURCHASING DIVISION REFURBISHMENT OF TWO FIREFIGHTER BRUSH TRUCKS BUYER: ELISA COVINGTON Council Date: July 13, 2010 BID TABULATION BI- 0172 -10 LONGHORN REGIONAL SERVICE CENTER LLC (dba Kyrish Government Group) Killeen, TX Item 1.0 1 Description Refurbishment of two firefighter 2 EA $90,000.00 $180,000.00 brush trucks Qty. Unit Unit Price Extended Price Total Award: 180,000.00 4 Requested Council Action: 7113110 Alternate Date: 7/20/10 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of a mobile global positioning system (GPS) from GeoShack, San Antonio, Texas, in accordance with Bid Invitation No. BI- 0144 -10, based on only bid, for a total amount of $77,450.00. The GPS equipment will be used by the Water, Wastewater, and Storm Water departments. Funding for the purchase of the GPS equipment is available in the above respective operations budgets. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: The GPS equipment will be used to locate and map key infrastructure components throughout the city. This equipment will also be used in projects including: Hurricane Debris Management Plan; Water, Wastewater and Storm Water hydraulic modeling and land surveying/construction staking. The purchase cost of the equipment includes three days of extensive user training for up to ten City employees. Two days of follow up training as well as ongoing support will also be provided by GeoShack. The GPS equipment will help improve on the spatial accuracy of the City's geographic information systems (GIS). Currently, the GIS division is utilizing Magellan MobileMapper 6, which does not have the technical capabilities for the projects listed above. Bid Invitations Issued: Three Bids Received: One Award Basis: Only Bid Funding: Water Fund 30000 -4010- 550040 $45,155.64 16,147.18 Wastewater Fund 33400- 4200 - 550040 Storm Water Fund 32010- 4300 - 550040 Michae- Barrera Assistant Director of Financial Services E -mail: mikeb@cctexas.com 826 -3169 16,147.18 Total: $77,450.00 CITY OF CORPUS CHRISTI PURCHASING DIVISION GPS EQUIPMENT BUYER: ELISA COVINGTON Council Date: July 13, 2010 BID TABULATION BI- 0144 -10 GeoShack San Antonio, TX ITEM DESCRIPTION QTY UNIT UNIT PRICE EXTENDED PRICE 1. Base Station 2. Handheld GPS devices 1 5 EA $20,000.00 $20,000.00 EA 11 ,490.00 $57,450.00 Award Total $77,450.00 5 Requested Council Action: 7/13/10 Alternate Date: 7/20/10 COUNCIL MEMORANDUM RECOMMENDATION: Motion authorizing the purchase of specialized equipment for a total amount of $198,523.00 utilizing funds from the 2008 and 2009 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund No. 1062. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Background: On December 16, 2008 the City Council approved to accept a grant in the amount of $1,500,730.00 from the Division of Emergency Management, Office of the Governor, to carry out designated homeland security activities as part of the 2008 Homeland Security Grant Program. The funds are provided for projects to enable communities to better prepare for and respond to terrorist incidents. On November 11, 2009 the City Council approved to accept a grant in the amount of $1,750,442.43 from the Texas Department of Public Safety, Division of Emergency Management, to carry out designated homeland security activities as part of the FY 2009 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. A bid has been secured for the specialized equipment totaling $198,523.00. 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- 820847 550040 -1062- 00000 - 820947 1a Michae : arrera Assistant Director of Financial Services 826 -3169 mikeb @ectexas.com —25— Total: $99,433.00 99.090.00 $198,523.00 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 07/13/2010 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $384,882 from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 10 with a City cash match of $449,755, in- land services of $14,019, and program Income cash match of $8,767, fora total project cost of $857,426 and to execute all related documents. B. Ordinance appropriating $384,882 from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant in the Police Department; and declaring an emergency. ISSUE: The ATPA has awarded Year ten funding to the City of Corpus Christi and the grant must be accepted and funds appropriated. REQUIRED COUNCIL ACTION: Approval to accept the grant and appropriate the funds. PREVIOUS COUNCIL ACTION: Approval to submit the grant on 0412712010. FUNDING: Year 10 of the grant requires at least a 20% match by the City. The match may be cash, in -kind, or program income. The Police General Fund will provide a cash match of $449,758 for sworn officers' salaries/benefits, in -kind contribution of $14,019 for office space /operating costs, and program income of $8,767 for travel and other operating costs. CONCLUSION AND RECOMMENDATION: Acceptance of the grant and appropriation of funds. Attachments: Grant award document D. roy Riggs Chief of Police trov rA cctexas.com 886 -2603 BACKGROUND INFORMATION The City of Corpus Christi has received Year 9 funding from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft unit in the Police Department. The ATPA was established in 1991 due to rising auto thefts and is funded through an annual $1 fee on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The unit focuses not only on detection and apprehension, but also on the salvages yards in the City and County to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant; this has included a resurgence of the Operation HEAT program as well as other crime prevention programs focusing on reducing auto thefts. Since the inception of the unit in 2001, auto thefts have decreased by 61% from 1,515 to 598 in 2009. The grant provides funds for one Lieutenant to supervise the Unit, two swom CCPD officers, and three civilians. The three civilians conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant paperwork. In -kind contributions in the amount of $14,019 include office supplies, copy machine, and office space. Cash contributions from program income will cover travel expenses. The General Fund cash match is for three sworn officers who also work auto theft and auto burglary. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end; other grantees have been continuously funded for 15 years. The City must reapply each year because the ATPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently. Grant Number: Grantee Name: Project Title: Grant Period: Texas Automobile Burglary and Theft Prevention Authority Statement of Grant Award SA -T01- 10045 -11 City of Corpus Christi Corpus Christi Auto Theft Prevention Grant 09/01/2010 - 08/31/2011 ABTPA Award: Grantee Cash Match: Grantee In -Kind Match: Total Project Cost: $384,882 $458,525 $14.019 $857,426 The Texas Automobile Burglary and Theft Prevention Authority ( ABTPA) has awarded the above- referenced grant. The approved budget is reflected in the attached Approved Budget Summary. This grant is subject to and conditioned upon acceptance of the ABTPA Grant Application and Administration Guidelines (Guide) promulgated for this specific program fund (referenced above) through the Automobile Burglary and Theft Prevention Authority. Applicable special conditions are contained in the Guide or cited below. Total project costs must be accounted for in accordance with the Uniform Grant and Contract Management Standards and the Guide. GRANTEE REQUEST FOR FUNDS All Grantee request for funds shall be submitted to ABTPA in accordance with the instructions provided by ABTPA and shall be in the form required by ABTPA. Requests for funds will not be honored until all special conditions outlined on the Statement of Grant Award and that required action on the part of the grantee have been satisfied. GRANT ADJUSTMENTS Grantee shall submit written requests for grant adjustments, as required by the applicable ABTPA Rule contained in the Grant Application and Administration Guidelines for this specific program fund. Special Conditions and Requirements: Confidential Funds Certification (0_ 1 - 0 I � o 644., AWARD DATE CHARLES CALDWELL Automobile Burglary and Theft Prevention Authority 4000 Jackson Avenue, Austin, Texas 78731 512/374-5101 TEXAS AUTOMOBILE BURGLARY AND THEFT PREVENTION AUTHORITY GRANTEE ACCEPTANCE NOTICE AGREEMENT: That whereas Citv of Corpus Christi hereinafter referred to as Grantee, has heretofore submitted a grant application to the Automobile Burglary and Theft Prevention Authority, State of Texas, entitled Auto Theft Prevention Grant and further identified by grant number SA- T01- 10045 -11 ; and Whereas, the Automobile Burglary and Theft Prevention Authority has approved the grant application as evidenced by the Statement of Grant Award from the Automobile Burglary and Theft Prevention Authority dated 06/16/10 , certain special requirements; and Whereas, the Grantee desires to accept the grant award, the Uniformed Grant and Contract Management Standards, and special requirements as evidenced by the Statement of Grant Award; Now, therefore, the Grantee accepts the aforementioned Statement of Grant Award, the Uniformed Grant and Contract Management Standards and special requirements in the grant application and the Statement of Grant Award as evidenced by the agreement, executed by the project director, the financial officer, and the official authorized to sign the original grant application, or the official's successor, as presiding officer of and on behalf of the governing body of this grantee; and Now, therefore, the Grantee shall designate either the project director or the financial officer to coordinate and be solely responsible for submission of adjustments pertaining to both program and financial elements of the application, nd the POSITION authorized to submit adjustments is D. 1 rv)-;,995iChte.� aute—, NON - LOBBYING CERTIFICATION: We, the undersigned, certify that none of the grant funds, regardless of their source or character, including local cash assumption of cost funds, shall be used in any manner to influence the outcome of any election or the passage or defeat of any legislative measure. A finding that a grantee has violated the certification shall result in the inunediate termination of funding of the project and the grantee shall not be eligible for future funding from the Automobile Burglary and Theft Prevention Authority. Certified By: Signature of Project Director D.MRoy 'GGS Gp6P UcE Name & Title(must print or type) Official Agency Address(street or post office box) City /Zip Code/Telephone Number (3(0i) Inca-D(064- Date: Signature of Financial Officer , r� 1 e-ST,IP4C °t C-11-e4 &a cre U1''' i RX C[72— Name & Title(must print or type) 2.P -U kfi-5 P o. 97 Official Agency Address(street or post office box) ( O-Sell-PST) 'J /( (36)wa -37 City/Zip Code/Telephone Number Signature of Authorized Official ' rnC .t_ R. EScoBA S (1)-114 114 Name & Title (must print or type) Official Agency Address (s treet or post off ce box) 4L3 a( es' s(j 1st(9 ( r) gc)69 - 3a a9 Grant Number: Grantee: Project Title: Grant Period: Funding Source: Texas Burglary and Automobile Theft Prevention Authority Approved Budget Summary SA --701- 10045 -11 City of Corpus Christi Corpus Christi Auto Theft Prevention Grant 09/01/2010 to 08131/2011 Auto Burglary & Theft Prevention Authority Region: 2000 Date: 06/24/10 ABTPA Cash Match in -Kind A. Personnel: $320,354 $449,758 B. Contractual: C. Travel: $10,000 58,767 D. Equipment: E. Supplies: $54,528 $14,019 F. Indirect: Total: $384,882 $458,525 $14,019 TOTAL $770,112 $0 $18,767 $0 $68,547 $0 $857,426 Budget Detail: A. Crime Analyst $37,341; Management Asst. 111 $34,911; Lieutenant $77,028; Senior Officer $66,432; Senior Officer $60,252; Investigative Specialist $26,255; Overtime $15,111; Fringe Benefits 53,024 C. ABTPA Conference $5,719; ABTPA Bd. Mtg $4,281 E. Office Supplies $3,000; Cellular Phone Airtime 56,960; Air Card Time $2,400; AAA Storage $1,368, Public Awareness Media $6,000; Postage $500; Fuel & Maintenance $14,000, Confidential Funds 55,000; Coveralls, Tools for SaIv Yards $1,000; Vehicle Maintenance $8,000 TAVTI Registration Fees (9) $1,350; IAATI Registration Fees (9) $2,700; Net Motion Wireless Licenses $1,200; BSM Wireless Maintenance $1,050 •Law Enforcement, Detection and Apprehension ORDINANCE APPROPRIATING $384,882 FROM THE TEXAS AUTOMOBILE THEFT PREVENTION AUTHORITY (ATPA) IN THE NO. 1061 POLICE GRANTS FUND TO CONTINUE THE MOTOR VEHICLE THEFT ENFORCEMENT GRANT IN THE POLICE DEPARTMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $384,882 is appropriated from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant in the Police Department. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on July, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form July 1, 2010 T. 'ifisha` Sang Assistant City Attorney For City Attorney TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I/we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 13, 2010 AGENDA ITEM: Ordinance appropriating an amount of $100,000 (funds received from SMG under contractual obligation to contribute capital for the American Bank Center) into the 4710 Visitors Facility Fund for American Bank Center expenditures; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing revenues and expenditures by $100,000 each; and declaring an emergency ISSUE: In accordance with Section 5.4 Capital Contribution of the SMG Agreement with the City of Corpus Christi, SMG agreed to provide $100,000 to the City for capital improvements and capital equipment purchases, which may be used at the City's discretion for improvements to the facility, including cosmetic improvements to the exterior of the facility. The City recently received the $100,000 but cannot use the funds until they have been appropriated. REQUIRED COUNCIL ACTION: Council action is necessary to appropriate funds. PREVIOUS COUNCIL ACTION: No previous action has been taken. CONCLUSION AND RECOMMENDATION: Staff recommends the appropriation of funds received from SMG. C. Liablui Margie C. Rose Assistant City Manager margier @cctexas.com 361.826.3232 Attachments BACKGROUND INFORMATION The funds were received from SMG (Operator of the American Bank Center) under SMG's contractual obligation to contribute $100,000 for capital improvements and capital equipment purchases, which may be used at the City's discretion for improvements to the facility, including cosmetic improvements to the exterior of the facility. Page 1 of 2 ORDINANCE APPROPRIATING AN AMOUNT OF $100,000 (FUNDS RECEIVED FROM SMG UNDER CONTRACTUAL OBLIGATION TO CONTRIBUTE CAPITAL FOR THE AMERICAN BANK CENTER) INTO THE 4710 VISITORS FACILITY FUND FOR AMERICAN BANK CENTER EXPENDITURES; CHANGING THE FY 2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 BY INCREASING REVENUES AND EXPENDITURES BY $100,000 EACH; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $100,000 (funds received from SMG under contractual obligation to contribute capital for the American Bank Center) is appropriated into the 4710 Visitors Facility Fund for American Bank Center expenditures. SECTION 2. The FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 is changed by increasing revenues and expenditures by $100,000 each. SECTION 3. Upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 13th day of July, 2010, ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED A §�T,O FO: : 07 -Jul -10 &t (,4/J4 Veronica Ocanas Assistant City Attorney For City Attorney 071310 ORD App $100,00 capital contributions from SMG for ABC -41- Joe Adame Mayor Page 2 of 2 Corpus Christi, Texas day of , 2010 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 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 071310 ORD App $100,00 capital contributions from SMG for ABC —42— 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 13, 2010 AGENDA ITEM: Authorizing the resale of 3.58 acres out of the Gregorio Farias Grant, Abstract No. 592, Nueces County, Texas, located at IH 37 South Access Road at Redbird Lane, which was foreclosed upon for failure to pay ad valorem taxes, to Calallen Independent School District for $5,000.00, of which the City of Corpus Christi shall receive $.1,031.56 plus $909.63 for partial payment of City paving and demolition liens; and declaring an emergency. ISSUE: Properties located in the City of Corpus Christi are periodically foreclosed by Nueces County for failure to collect delinquent taxes. Section 34.05 of the Property Tax Code requires that the governing body of the respective taxing entities approve the resale of these properties. At the Sheriff's tax sale that occurred on February 3, 2009, no bids were received on the 3.58 acres of land located at IH South Access Road at Redbird Lane. Additionally, no offers have been made on the property since then. This property adjoins the Calallen Middle School property, and so Calallen Independent School District wants to buy this property. (See attached letter.) In order to do so, they must purchase the interests from each taxing entity. Del Mar College approved Calallen Independent School District's offer at their June meeting, and Nueces County is scheduled to vote on this issue in July. Approval ofthis ordinance by the City Council will authorize the resale of the City's interest in this property to Calallen Independent School District. REQUIRED COUNCIL ACTION: Approval of the proposed Ordinance authorizing the resale of the property to Calallen Independent School District CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Ordinance as proposed. Constance P. Sanchez Interim Director of Financial Services constancep@ectexas.com (361) 826 -3227 Attachments: Request from Calallen Independent School District Analysis of Bid Received for Tax Resale Property CALALLEN INDEPENDENT SCHOOL DISTRICT Business Office 4205 Wildcat Drive Corpus Christi, TX 78410 Phone: (361) 242 -5600 Fax: (361) 242 -5619 May 11,2010 Greetings: At the tax sale of delinquent properties, if there are no bidders willing to offer the minimum opening bid amount, the delinquent tax property is "Struck Off" to the Nueces County taxing entities for the minimum amount due against it. A Sheriff's Tax Deed is filed in the name of Nueces County, as Trustee for all of the taxing entities owed taxes on the property. There were no bids on the property that is the subject of this letter at the tax sale, and there have been no offers on the property since then. Enclosed, please find bid analyses for the property in question. Calallen ISD wishes to purchase the property, and bids $5,000. We respectfully request that you place the Calallen offer on the Board of Trustee's Agenda for the next meeting. Your courtesy and cooperation in expediting this request are greatly appreciated. Should you have questions regarding the above, please contact me. Respectfully yours, (342( Bill Monroe Purchasing CalaIlen ISD ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: % of Current Value: 06- 6645 -B; Nueces County vs. Ray Hostutiers, Inc. 2385 -0032- 0015; 3.58 acres of land, more or less, out of the Gregorio Ferias Grant, Abstract 592 IH -37 South access road @ Redbird Lane February 3, 2009 36,837.50 5,000.00 1,617.50 71,600.00 13.57% 6.98% Entity Name Amount Due Each Entity 11,553.73 Amount You Will Receive 1,060.89 Nueces County • City of Corpus Christi 11,234.29 1,031.56 , ,Del Mar College 4143.08 380.43 City Paving & Demo Liens 9,906.40 909.63 3.58 ACRES OF UNDEVELOPED LAND ADJACENT TO THE CALALLEN ISO MIDDLE SCHOOL TRACT THE PROSPECTIVE PURCHASER IS CALALLEN INDEPENDENT SCHOOL DISTRICT OF CORPUS CHRISTI ORDINANCE AUTHORIZING THE RESALE OF 3.58 ACRES OUT OF THE GREGORIO FARIAS GRANT, ABSTRACT NO. 592, NUECES COUNTY, TEXAS, LOCATED AT IH 37 SOUTH ACCESS ROAD AT REDBIRD LANE, WHICH WAS FORECLOSED UPON FOR FAILURE TO PAY AD VALOREM TAXES, TO CALALLEN INDEPENDENT SCHOOL DISTRICT FOR $5,000.00, OF WHICH THE CITY OF CORPUS CHRISTI SHALL RECEIVE $1,031.56 PLUS $909.63 FOR PARTIAL PAYMENT OF CITY PAVING AND DEMOLITION LIENS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That pursuant to Section 34.05 of the Tax Code, the governing body of the City of Corpus Christi authorizes the resale of 3.58 acres of undeveloped property out of the Gregorio Farias Grant, Abstract No. 592, located at 1H 37 Southbound access road at Redbird Lane, which was foreclosed upon for failure to pay ad valorem taxes, to Calalien Independent School District for $5,000.00, of which the City of Corpus Christi shall receive $1,031.56 plus $909.63 for partial payment of City paving and demolition liens. SECTION 2. That the Nueces County Judge is authorized to execute a resale deed upon payment to the City of the City's share of the tax resale proceeds. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of July, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: July 7, 2010 By: 4t-y -r Lisa Aguilar,( sistant City Attorney for City Attorney Corpus Christi, Texas Day of , 2010 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 9 AGENDA MEMORANDUM July 13, 2010 AGENDA ITEM: a. Motion authorizing the City Manager to execute a Deferment Agreement with Yorktown Oso Joint Venture, (Developer), in the amount $24,670.10 for future construction of Rodd Field Road as a requirement for Rancho Vista Subdivision Unit 3A, located south of Yorktown Boulevard and east of Rodd Field Road, in accordance with the Platting Ordinance Section V — Required Improvements, Subsection A. 3. b) , contingent upon receipt of an acceptable form of financial document compliant with City requirements. b. Ordinance appropriating a $24,670.14 payment from Yorktown Oso Joint Venture, made in lieu of Half Street Construction of Rodd Field Road, to the Infrastructure Fund No. 4730 for developers share of the future construction of Rodd Field road; and declaring an emergency. ISSUE: Yorktown Oso Joint Venture, developer of Rancho Vista Subdivision Unit 3A, submitted deferment agreement documentation to defer construction of Rodd Field Road improvements required of Rancho Vista Subdivision Unit 3A in accordance with the Platting Ordinance, Section V — Required Improvements, Subsection A. 3. b). REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a deferment agreement with Yorktown Oso Joint Venture, (Developer). Council is requested to approve the ordinance accepting the funds from the developer. CONDITION: Developer must post the funds with the City in the amount of 110% of the cost of the improvements, and comply with all other requirements of the Deferment Agreement. RECOMMENDATION: Staff recommends approval of the motions and ordinance as presented. a Juan Perales, Jr., P.E. Assistant City Manager Engineering & Development Services Email: JohnnyP @cctexas.com Telephone: (361) 826 -3828 City Council Agenda Memorandum Rancho Vista Subdivision Unit 3A Page 2 Attachments: Exhibit A Background Information Exhibit B Location Map Exhibit C Approved Plat Exhibit D Roadway Deferment Exhibit E Cost Estimate Exhibit F Deferment Agreement Exhibit G Ordinance H DEVEWOPMENT SERVICE SVDEFERMENTAGREEMENTSRANCHO VISTA UNIT 3AI000NCIL AGENDA MEAAO,DOC AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of Rancho Vista Subdivision Unit 3A (Exhibit C) requires the developer to construct a portion of Rodd Field Road. However, construction of just a half street section is not feasible or allowed by Platting Ordinance Section IV. A. 12. The developer has submitted a request to defer required improvements in accordance with Platting Ordinance Section IV. A. 12. c). The deferred road construction includes the construction of roadway, curb, gutters and storm water improvements (Exhibit 0). The Planning Commission, at its July 7, 2010 meeting, reviewed the request to defer the construction of Rodd Field Road. The required improvement of Rodd Field Road is in a section where there is no existing abutting roadway. Rodd Field Road is designated as an A -3 arterial roadway requiring a minimum of 130 feet of right -of -way. Due to the unique barriers in this area, a special roadway design was developed for Rodd Field Road south of Yorktown Boulevard. There are existing electrical transmission towers that require a wider roadway with a wider than normal median. The developer is dedicating more than its share of what the Platting Ordinance requires. The Platting Ordinance requires the developer to dedicate one -half of the planned roadway and construct up to a residential collector street design. The developer is dedicating 112 feet of the 130 feet of right -of -way for Rodd Field Road. After reviewing the facts, the Planning Commission recommends the execution of the Deferment Agreement and found reasonable cause to delay the required public improvements to expedite the recordation of the plat by the Developer's time schedule. The Developer has agreed to escrow the $24,670.10 in the form of an acceptable financial document. This amount is 110% of the estimated cost of constructing the required improvements, (Exhibit E) in compliance with the Platting Ordinance Section V — Required Improvements, Subsection A. 3. b). A deferment agreement, (Exhibit F) between the City of Corpus Christi and Yorktown Oso Joint Venture, allows the Developer to defer the construction of the required improvements and expedite the recording of the plat and obtain building permits to develop Rancho Vista Subdivision Unit 3A. EXHIBIT A H:li}EVELOPMENT SERVICESIDEFERMENT AGREEMENTSIRANCHO VISTA UN(I OUNCIL AGENDAMEMO.8CKGRND INFO.DOC Miles 0 00375x.075 a.15 Legend E-1 PLANNING. CITYLIMITS T,es Prong Date Flo Fla N fP[ P- DER'SK0PELNS I$ P clods S1.4igsePP W :HO J6TA I,LNIT 3A ert5.1 F s M el By. HAS +ks8'erre Puvose5 hrly Ccmrtille System top 101 Ste[ePltn9 TBIes Sates FPS 4.105 Fell O Cr, of CEVG is (NISI O [VvegMrtw$ Ssomes EXHIT B ...r.c ••••x • a si i; a '+V A 6 E4 ;: EXHIBIT C PAG of 2 p...y m.. ..o ••■•.• �.ar innutur3 New. yid v 'MA kxq P., ...I PAM M ..6 MI -lbapsksag ..w sn..� r. 1 7nrPf r k .. 7X-4 wend w *A S I I "' x w s,. i 1 - • n Ii - `L' ' - =' -rn•r.t. 7Jr 0. 3 4 fly . 0 w•, 2 0 r fir+ arm 7SANON 7n — - j r i r t f+. ti'c-er i iai ' i d 8 :r tom.. - EXHIBIT C PAGEAof 2 21 171 1I7 a 7 IT 5+ 1 I r{—� I il hi : 1 =11=÷-4= 13 14 15 16 17 18 1 20 21 22 23 24. t4 a 71 I, 4 L I� L—f r~ s �� Ti 1;r�y -12 11 1❑ 9 ! 7 6 5 a 3 2 1• f -r High Gun Drive are.. -. ♦-• 0 i PROPOSED H ALF— STREET DEFERMENT LOCATION Po,* 1 SCALE: r=200' SH.2 of 2 CI 2010 by Urban Engineering Exhibit for Rancho Vista Subdivision-Unit 3A Half-Street Deferment Location IMLUABAN' ENGINEERING CORPUS CHRISTI, TEXAS rna ewrn�ea -s� 3 393? 3A 8[1••�•00► DATE: 4%1 /2010 BY: MO"' EXHRIT D Eng: Chip Urban Cost Estimate By: C.R.R. for C-1 COLLECTOR IMPROVEMENTS TO RODD FIELD ROAD AT RANCHO VISTA UNIT 3A June 16, 2010 Job No. 39319 3A.00 FTEM DESCRIPTION QUAN. UNIT UNIT TOTAL PRICE COST C-1 COLLECTOR IMPROVEMENTS: 1 Clear and Grub Right of Way 0.29 AC $200.00 $58.00 2 Roadway Excavation 1,755 CY $3.00 $3,465.00 3 2" HMAC Including Prime Coat 840 SY $9.00 $7,560.00 4 8" Compacted Limestone Base 980 SY $9.00 $8,820.00 5 8" Lime Stahilzied Subgrade 1,027 SY $2.50 $2,567.50 6 6" 'L' Curb 420 LF $9.00 $3,780.00 7 4' Concrete Sidewalk 1.680 SF $3.00 $5.040.00 8 18" RCP 210 LF $30.00 $6,300.00 9 15" RCP 40 LF $24.00 $960.00 10 5 Slot Inlet 2 EA $2,500.00 $5,000.00 11 4' Diameter Manhole 1 EA $3,500.00 $3,500.00 ESTIMATED IMPROVEMENTS COSTS SUB-TOTAL: $47,050.50 10% CONTINGENCY: $4,705.05 ENGINEERING FEE 7.5%: $3,881,67 TOTAL ESTIMATED COST: $55,837.22 DEVELOPER'S (1/2 STREET) PORTION Q50%: $27,818.81 Additional Land Dedicated for ROW 0.227 AC $23,750.00 $5,391.25 (47'x210'= 9,780sf ❑r0.227ac) DEVELOPER'S COST LESS ADDITIONAL ROW DEDICATED: $22,427.36 ADDITIONAL 10% REQUIRED BY DEFERMENT AGREEMENT: $2,242.74 TOTAL DEFERMENT AMOUNT: $24,670.10 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1- 361. 854 -3101 EXH kgrT E 1 of 1 DEFERMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Deferment Agreement (hereinafter "Agreement ") is entered into between the City of Corpus Christi, Texas, a Texas home rule municipality, (hereinafter "City ") and Yorktown Oso Joint Venture, (hereinafter "Developer), and pertains to deferral of the completion of certain improvements required prior to filing the final plat of Rancho Vista Subdivision Unit 3A (the "plat "), which was approved by the Planning Commission on May 12, 2010. A copy of the plat is attached and incorporated as Exhibit 1. WHEREAS, the Developer is obligated under Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance to construct seventy -five percent (75 %) of the required improvements, before the final plat is endorsed by the City Engineer. Detailed construction drawings must be provided by the Developer and approved by the City's Departments of Development Services and Engineering prior to the start of construction; WHEREAS, the Developer is seeking to defer the required half - street construction of Rodd Field Road improvements (hereinafter the "deferred improvements "), as shown in Exhibit 2, as required by the City's Platting Ordinance; WHEREAS, the Developer is seeking to have the plat filed immediately with the County Clerk of Nueces County, Texas, before completion of seventy-five percent (75 %) of the required improvements as required by Section 111, Paragraph H, Subparagraph 5, of the Platting Ordinance; WHEREAS, in accordance with Section IV, Paragraph A, Subparagraph 12, the half - street is an arterial street or a collector street as depicted in the Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi; WHEREAS, on behalf of Developer and in accordance with Section IV, Paragraph A, Subparagraph 12, on July 7th 2010, the Planning Commission approved the request of the Director of Engineering /City Engineer (hereinafter City Engineer), requiring that the Developer deposit with the City cash monies in lieu of construction of the half - street; WHEREAS, the Developer will deposit, with the City of Corpus Christi, the amount of Twenty -Four Thousand Six Hundred Seventy Dollars and 10/100 ($24,570.10), representing 110% of the estimated cost of constructing the deferred improvements, all as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3; WHEREAS, the City Attorney and Director of Finance have approved this transaction; EXHIBIT F PAGE611 of 10 Deferment Agreement between the City of Corpus Christi and Yorktown Oso Joint Venture Page 2 of 10 WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, and maintenance agreements and all special covenants have been completed; WHEREAS, the Developer is entering into this Agreement as required by Section V, Paragraph A, Subparagraph 3. b) of the Platting Ordinance; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 1. The City agrees to allow the Developer to defer construction of the half street as shown in Exhibit 2. 2. To defer, Developer shall deposit with the City, cash monies in lieu of the half street construction in the amount of Twenty -Four Thousand Six Hundred Seventy Dollars and 10/100 ($24,670.10), as shown in Exhibit 3. The funds shall be deposited by the City into the Infrastructure Trust Fund, an interest bearing account from which both principle and interest shall be made available solely for the future construction of the required improvements hereunder. Such funds shall not be used for any other purpose whatsoever. 3. The City shall waive the requirement that construction of the deferred improvements be completed before the final plat is endorsed by the City Engineer and filed for record with the County Clerk of Nueces County. Before filing, the final plat shall indicate that cash in lieu of construction of a half street has been deposited with the City. 4. The City Engineer, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. 5. No party may assign this Deferment Agreement or any rights under this Agreement without the prior written approval of the other party. 6. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted above the signature of the party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. 7. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. EXHIBIT F PAGE 2 of 10 —62— Deferment Agreement between the City of Corpus Christi and Yorktown Oso Joint Venture Page 3 of 10 8. The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this Agreement as Exhibit 4. 9. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When ail original copies have been executed by the City and Developer, this Agreement shall become effective and binding upon, and shall inure to the benefits of, the parties and their respective heirs, successors and assigns. 10. The person signing this Agreement on behalf of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this agreement binding and enforceable by their signature. EXECUTED in triplicate originals this _ day of ,2010. By: THE STATE OF TEXAS § COUNTY OF NUECES § Yorktown Oso Joint Venture 5337 Yorktown Boulevard, Suite 1 OD Corpus Christi, TX 78413 Fred Braselton Co- Manager This instrument was signed and acknowledged before me on the day of , 2010 by Fred Braselton, Co- Manager, Yorktown Oso Joint Venture. Notary Public, State of Texas EXHIBIT F PAGE 3 of 10 —63— Deferment Agreement between the City of Corpus Chnsti and Yorktown Oso Joint Venture Page 4 of 10 CITY OF CORPUS CHRISTI ( "City") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880 -3500 Facsimile: (361) 880 -3501 ATTEST: By: By: Armando Chapa City Secretary THE STATE OF TEXAS § COUNTY OF NUECES § Angel Escobar City Manager This instrument was signed and acknowledged before me on the day of 2010, by Angel Escobar, City Manager, for the City Of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State Of Texas APPROVED AS TO FORM: This day of , 2010. Carlos Valdez, City Attorney BY: Deborah Walther Brown, Assistant City Attorney For the City Attorney EXHIBIT F PAGE 4 of 10 —64— EXHIBITS for Deferment Agreement between the City of Corpus Christi and Yorktown Oso Joint Venture Exh. 1 :2 pgs; Exh -'s 2 &3: 1 pg.ea.; Exh -4.2 pgs- (6 pgs- total) tlis El 7 I 8 lig �zs Zia P it a 4 i Ord E Crl ]o 2 - W EXHIBIT 1 PAGE 1 of 2 EXHIBIT F PAGE 5 of 10 _65— EXHIBITS for deferment Agreement between the City of Corpus Christi and Yorktown Oso Joint Venture Exh. 1 :2 pgs; Exh -'s 2 &3: 1 pg.ea.; Exh.4 :2 pgs- (6 pgs. total) x• • ..,.. 1..,1.1..,., Ts-it M, "WO. ksl r,aq r ,1.w Y rn pa .no, X ..1111 It XI R 's: •■ rnw '�r ,u'P0 I 1 T` j ~� f �r .on ••, 1 5 tif G yip w _ 41.3 _ "r' -i►S ems: L_= ------r - , _ , 1 r q .n v+w R.t SLS 1 S'I F ,n 7Nr% .a sr r�„ r.vrw H .e !!! :nrau #� jg CI ,1 i f - -- n 11 'C E r, a 0 F. I .�.r.n i $_ .. _ 1is a G4 g a • uiu i • 1 iS.LI2D4 it ri w wel �� ^ \ .m al i• ,noc — _ _ 1 reset /- f �J I ° °ik.l I t !® t 8 a K s. rl , ° 1 ° I L Pwa pfrLi Mehl . ro+a 3.zrx.. vi EXHIBIT 1 PAGE 2 of 2 EXHIBIT F PAGE 6 of 10 —66— EXHIBIT'S for Deferment Agreement between the City of Corpus Christi and Yorktown Oso Joint Venture Exh. 1 :2 pgs; Exh.'s 283:1 pg.ea.; Exh.4 :2 pgs. (6 pgs. total) FIELD ROAD J Y 1A. 2_� , • `Y C an 7. • 6 5 I 3� r I z, 22� 4 trr e� 1-T IS 17 18 1] 14 SsA _l___ ! .9 640il 1 23 P: li ijj, 159i; i a 1 7 1Ty , -F, 9 e I C► a1 yr r� V High Gun Drive PROPOSED HALF— STREET DEFERMENT LOCATION SCALE: 1 " =200 SH 2 of t 0 2014 by Urban Engineering Exhibit for Rancho Vista Subdivision-Unit 3A Half - Street Deferment Location c UABA1' ENGINEERING CORPUS c141511, mr►s _ .,M_ aarw,a ,e,M. ,..e. DATE: 4/21/201 ET: 6radgrr EXHIBIT 2 PAGE 1 of 1 EXHIBIT F PAGE 7 of 10 -67- Eng: Chip Urban By: C.R.R. EXHIBITS for Deferment Agreement between the City of Corpus Christi and Yorktown Oso Joint Venture Exh. 1 :2 pgs; Exh's 2 &3: 1 pg.ea.: Exh.4 :2 pgs. (6 pgs. total) Cost Estimate June 16, 2010 for Job No. 39319.3A.00 C -1 COLLECTOR IMPROVEMENTS TO RODD FIELD ROAD AT RANCHO VISTA UNIT 3A ITEM DESCRIPTION QUAN. UNrr UNIT TOTAL PRICE COST C-1 COLLECTOR IMPROVEMENTS: 1 Clear and Grub Right of Way 0.29 AC $200.00 $58.00 2 Roadway Excavation 1,155 CY $3.00 $3,465.00 3 2" HMAC Including Prime Coat 840 SY $9.00 $7,560.00 4 8" Compacted Limestone Base 980 SY $9.00 $8,820.00 5 8" Lime Stabilzied Subgrade 1,027 SY $2.50 $2,567.50 6 6 "'L' Curb 420 LF $9.00 $3,780.00 7 4' Concrete Sidewalk 1,680 SF $3.00 $5,040.00 8 18" RCP 210 LF 830.00 $6,300.00 9 15" RCP • 40 LF $24.00 $960.00 10 5' Slot Inlet 2 EA $2,500.00 $5,000.00 11 4' Diameter Manhole 1 EA 83,500.00 $3,500.00 ESTIMATED IMPROVEMENTS COSTS SUB - TOTAL: $47,050.50 10% CONTINGENCY: $4,705.05 ENGINEERING FEE L' 7.5% $3,881.67 TOTAL ESTIMATED COST: 855,637.22 DEVELOPER'S (112 STREET) PORTION CD 50%: 827,818.61 Additional Land Dedicated for ROW 0.227 AC $23,750.00 $5,391.25 (47 x210'= 9,780sf or0.227ac) DEVELOPER'S COST LESS ADDITIONAL ROW DEDICATED: 822,427.36 ADDITIONAL 10% REQUIRED BY DEFERMENT AGREEMENT: $2,242.74 TOTAL DEFERMENT AMOUNT: 824,670.10 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361- 8543101 EXHIBIT 3 PAGE 1 of 1 EXHIBIT F PAGE 8 of 10 -68- 1 of 1 i;k1City of _ Corpus = Christi EXHIBITS for Deferment Agreement between the City of Corpus Christi and Yorktown Oso Joint Venture Exh. 1 :2 pgs; Exh.'s 2 &3: 1 pg.ea.; Exh.4 :2 pgs. (6 pgs. total) CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". FIRM NAME: STREET: CITY: ZIP: FIRM is: 1. Corporation 2. Partnership 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership on the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant EXHIBIT 4 PAGE 1 of 2 EXHIBIT F PAGE 9 of 10 _69- EXHIBITS for Deferment Agreement between the City of Corpus Christi and Yorktown Oso Joint Venture Exh. 1 .2 pgs: Exh.'s 2 &3: 1 pg.ea.: Exh.4 :2 pgs. (6 pgs. total) CERTIFICATE 1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Person: Date: EXHIBIT4 PAGE 2 of 2 EXHIBIT F PAGE 10 of 10 -70- ORDINANCE APPROPRIATING A $24,670.10 PAYMENT FROM YORKTOWN OSO JOINT VENTURE, MADE IN LIEU OF HALF STREET CONSTRUCTION OF RODD FIELD ROAD, TO THE INFRASTRUCTURE FUND NO. 4730 FOR DEVELOPERS SHARE OF THE FUTURE CONSTRUCTION OF RODD FIELD ROAD; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1: That a $24,670.10 payment from Yorktown Oso Joint Venture, made in lieu of half street construction of Rodd Field Road, in accordance with Platting Ordinance Sections IV. A. 12. c) (1) and V. A. 3. c), is appropriated to the Infrastructure Fund No. 4730 for developers share of the future construction of Rodd Field Road. SECTION 2: That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinanceis passed and shall take effect upon first reading as an emergency this the day of , 2010. ST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED as to form: 6714-'day of July, 2010 Carlos Valdez City Attorney Deborah Walther Brow Assistant City Attome For City Attorney Corpus Christi, Texas Day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Ilwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, 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 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 6, 2010 AGENDA ITEM: A. Motion to authorize the City Manager or designee to execute a lease from Corpus Christi Industrial Development Corporation to lease to City 91.7 acres tract of land out of Tract G, as shown on Cliff Maus Tracts "C,D,E,FAND G,' Nueces County, Texas, located near intersection of Airport Road at Horne Road, for recreational purposes. B. Ordinance naming approximately 51.14 acres of Lot 9, Block 7, Cliff Maus Tracts, located near intersection of Airport Road at Horne Road, the Manuel Q. Salinas Park. ISSUE: The City has established a formal policy for naming parks and facilities. The City, through the Parks and Recreation Department, received a naming request from Fernando Salinas for the State School Park Property to be named for Manuel Q. Salinas. The Legal Department research indicated the property is owned by the Corpus Christi Industrial Development Corporation (CCIDC). Per explanation, when the property was initially transferred from the State, it was deeded to the CC IDC in order to create opportunities to leverage the value of the property for future development grant opportunities. BOARD /COMM1TTEE REVIEW: The Parks and Recreation Advisory Committee (PRAC) received the presentation at their January 13, 2010 regular meeting, and instructed staff to begin the 60 day process of due diligence research and public notification. During the 60 day due diligence process, five inquiries were made regarding the identification of Manuel Q. Salinas. Of those, three suggested additional qualifications or another community leader's name. In addition to family_ members who spoke in support of the request to name the park after Manuel Q. Salinas at Parks and Recreation Advisory Committee meetings, one member of the community spoke in favor of the park renaming. During the regular PRAC meeting of April 14, 2010 the committee discussed the need to expand the process for naming large parks or sports complexes. It was also noted that other names were suggested but the paperwork was not complete or brought to the meeting because the process needed modification. Since this application was received under the current process the committee voted to recommend City Council approves the request to name approximately 51.14 acres of the State School Park Property, the Manuel Q. Salinas Park. (See Exhibit D) The City Manager requested an item be placed on the June 9, 2010 PRAC regular agenda to clarify the boundary intent of the committee members when approving the motion during the April 14, 2010 meeting. The members indicated the boundaries of the area intended to be named Manuel Q. Salinas Park did not include the entire State School Property (91.7 acres). Discussion followed regarding considerations for approximately 51.14 acres of undeveloped property or the soccer field area of about 14 acres near the corner of Airport and Horne Roads. The committee voted to clarify its intent to name the undeveloped area of approximately 51.14 acres the Manuel Q. Salinas Park. (See Exhibit F) 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: The Parks and Recreation Advisory Committee recommends the City Council approve the request to name approximate 51.14 acres of the State School Park Property, the Manuel Q. Salinas Park. It is anticipated that several regional size parks will be developed and dedicated over the next three years. Therefore, staff recommended and PRAC has taken action by forming a task group to develop a naming /renaming process to address the larger community, regional, sports, and special activities park areas, with possible multiple name requests. • Mich el Morris, Directo Parks and Recreation Department 361 -826 -3464 M ichaelMoCccctexas. com Attachments: Background Information Exhibit A, Aerial map of Park Complex with Future Park Improvements Exhibit B, Council Resolution, and PRAC Policy Information for Naming of City Parks and Recreational Facilities Exhibit C, Request for Naming of Parks, PRAC Form — Manuel Q. Salinas Exhibit 0, Due Diligence Report to Parks and Recreation Advisory Committee Exhibit E, PRAC Minutes Excerpt from April 14, 2010 Exhibit F, Due Diligence Repast pdate after April 14, 2010 BACKGROUND INFORMATION The entire park property of 91.7 acres adjacent to the State School is located in the Cliff Maus Tract G /State School Park Property at 1343 Airport Road. The approximate 51.14 acres of park land located near the intersection of Airport Road at Horne Road is requested to be named the Manuel Q. Salinas Park. On December 10, 2009, Stacie Talbert, City of Corpus Christi, Parks & Recreation Interim Director received a request from Fernando Salinas to name the State School Park Property the Manuel Q. Salinas Park (Exhibit C). The Parks & Recreation Advisory Committee (PRAC) received the request at their January 13, 2010 regular meeting. The committee requested staff complete their due diligence report for the March 10, 2010 meeting (see Exhibit 0). Previous staff research (from the Carl Lewis name request,) noted the park property had not previously been named. It was only referenced as the State Schoo! Park Property or State School Park due to its proximity to the State School — making the area eligible to be named after Manuel Q. Salinas in accordance with Section C of Resolution Number 028430. Public notification signs (for Salinas) were posted at the park property on February 2, 2010. Notification fliers were mailed to 52 property owners within a two hundred feet radius of the site on February 8, 2010. Part of the public notice was an invitation to contact the Parks & Recreation Department with comment, or to attend the Parks & Recreation Advisory Committee meeting. An official City Press Release was distributed February 10, 2010 with a reminder sent on March 10, 2010. Public Notice was published in the Corpus Christi Caller Times on the Sundays of February 28, 2010 and March 7, 2010. However, all public notices were distributed with an erroneous March 11th meeting date for PRAC. Therefore, the item was tabled at the PRAC meeting of March 10, 2010. Notifications were re- posted and re -sent noting the April 14th PRAC meeting date. Park signs were re- posted by March 18m. Fifty -two neighborhood notifications were re- mailed March 12m. Thirteen notices were returned as undeliverable. Newspaper Public Notices were re -run on April 4th and 11th. Five inquiries were received regarding the identification of Manuel Q. Salinas. Of those three suggested additional qualifications or another community leader's name. In addition to family members who spoke in support of the request to name the park after Manuel Q. Salinas at the Parks and Recreation Advisory Committee meeting, one member of the community spoke in favor of the park renaming. Information provided by Manuel Q. Salinas (1927 -2007) Family Long time resident of the Molina Neighborhood - Semi - professional baseball player in Texas Leagues in 1950s and 1960s Sought and acquired permission to utilize State School Property as baseball fields in 1960s and 1970s o Area unofficially referred to as Salinas Field Later acquired permission to utilize same area for soccer leagues in late 1970s - Advocated and promoted creation of soccer leagues for youth on the West side - First President of the Corpus Christi Latin Soccer League During the regular PRAC meeting of April 14, 2010 the committee discussed the need to expand the process for naming large parks or sports complexes. It was also noted that other names were suggested but the paperwork was not complete or brought to the meeting because the process needed modification. Since this application was received under the current process the committee voted to recommend City Council approves the request to name the State School Park Property, the Manuel Q. Salinas Park (see Exhibit E). —77— It is anticipated that several regional size parks will be developed and dedicated over the next three years. Therefore, staff recommended and PRAC has taken action by forming a task group to develop a naming /renaming process to address the larger community, regional, sports, and special activities park areas, with possible multiple name requests. m P AIRPORT RD » <• <f yc{ m « gym% • v&a 4' -79- RESOLUTION AMENDING CITY COUNCIL POLICIES ADOPTED BY RESOLUTION 021901 REGARDING NAMING OF CITY FACILITIES TO PROHIBIT THE RENAMING OF A FACILITY ALREADY NAMED IN HONOR OF A PERSON, GROUP OR EVENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The Resolution Number 021901 which adopted policies and general rules and procedures of the City Council, is amended to prohibit the renaming of a City facility which was previously named after person, group, or event. * "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, group, or event. 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. 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, group, or event: 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 Bead committee for a minimum of 60 days after receipt of the proposal. 028430 Fi:1Lf~G- 011R1Lise12009 ResolutionsWaming of City facilities November 9.doc _g0_ Exhibit B Page 1 of 6 2 (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 Beard 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 heard 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 aGt event. If approved, the Parks and Recreation Department shall arrange suitable renaming ceremonies. Costs associated with renaming ceremonies and the provisions of markers, signs, 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-40m 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, group, or event is not permitted. 8. Naming of City facilities. Final decisions regarding the naming of City facilities shall be the decision of the City Council. The City Council may request recommendations from City Boards, Commissions, Committees, or other advisory bodies. Costs associated with renaming —81— Exhibit B Page 2 of 6 3 ceremonies and the rovision of markers si ns la ues or memorials shall tre borne h the entity requesting the name change. The renaming of any City facility which is already named in honor of a person, group, or event is not permitted." SECTION 2. This Resolution takes effect on date of City Council approval. ATTEST- THE CITY OF CORPUS CHRISTI Armando Chapa Joe ame City Secretary Mayor APPROVED: -)'L).'V • 3 : , 2009. Lisa Aguil ssistant City Attomey _82— Exhibit B Pan: ofFi Corpus Christ+, Texas of eenA.�ac� , 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. Mares Nelda Martinez Marls Scott 025430 Parks & Recreation Advisory Committee Process Summary For Naming or Renaming Parks and Recreation Facilities Consistent with City Resolution 028430, Effective December 8, 2009 City Council Policies, Part II, Section 6, Naming of City Parks and Recreational Facilities Where the naming of a neighborhood or small park or park facility is proposed, the following steps are taken: 1. The entity proposing naming or renaming of Parks and Recreation park or facilities must complete a Request form and submit it to the of the Director of the Parks and Recreation Department for review. A letter of consent from the proposed namee or his/her family must be attached to the request form. The requesting entity is advised of their responsible costs *. 2. The Director will arrange for the item to be on an upcoming Parks & Recreation Advisory Committee (PRAC) agenda. 3. After hearing the request, either from the Director or the requesting entity, PRAC may take one of the following actions: a. decline the request b. consider the request by asking Staff to prepare the Due Diligence Report following the 60 -day waiting period. 4. During the 60-day waiting period, the Parks and Recreation Department will distribute notification announcing consideration of a name or of a name change, including an invitation to contact the Parks & Recreation Department at a given telephone number or to attend a PRAC meeting given the appropriate meeting date, time and location so interested individuals may address the Committee. Notification is distributed by: a. posting sign(s) in the park, b. distributing fliers to the surrounding neighbors, and by c. placing two notices in the local newspaper. An additional Public Announcement is provided through the City's Public Information Office when addressing a request involving a park of Community, Regional or larger size. The department collects public comment(s) and completes research of historical data regarding the current name or referenced name. 5. At the first meeting after the 60 -day waiting period, PRAC will receive all pertinent information in a Due Diligence Report and will take one of the following actions: a. approve the request, b. reject the request, or c. table the request for future action or additional information. In the event the request is rejected by the Committee, the requesting entity is advised they may appeal to the City Council. 6. The Council shall consider and either approve or reject the request. * Costs associated with naming ceremonies, provision marker, plaque, or memorial shall be borne by the entity proposing the name. Additionally, the cost associated with new park signage, whether single sign or multiple signs, shall be borne by the entity proposing the name. (The requesting entity will receive the current signage estimate from the Parks & Recreation Director.) —84— Exhibit B Page 5 of 6 REQUEST FOR THE NAMING OF PARKS AND FACILITIES PARK AND RECREATION DEPARTMENT CITY OF COPRUS CHRISTI, TEXAS 1. Type of area or facility (park, building, pool, etc.) 2. Location 3. Suggested Name 4. Please describe why you feel this name to be appropriate. 5. Name and address of person making request. Name Address Phone 6. Do you represent an organization with respect to this request? If 'yes', name organization 7. Date of this request FOR OFFICE USE ONLY: Request: Approved Rejected Tabled Date of Committee Action Date of Council Action Legal Notice — Newspaper Public Notice — Neighborhood -85- Exhibit S Page 6 of 6 REQUEST FOR THE NAMING OR RENAMING OF PARKS AND FACILITIES PARK AND RECREATION DEPARTMENT CITY 01? CORPUS CHRISTI, TEXAS 1. Type of area or facility (park, building, pool, etc. ) Park 2. Location Corner of Airport Rd. and Horne Rd. (State School) 3. Suggested Name Manuel O. Salinas Park 4. Please describe wiry you feel this name to be appropriate. This unnamed park area has been used for recreational purposes by thousands of people over thkpast four decades (especially for soccer and baseball). Mr. Manuel O. Salinas was the driving and organizing force that developed these family and recreational activities at that location. This unofficial Westside park area has been affectionately known as Salinas Park for over three decades. (Attachments._ Photos, etc. Will Follow). 5 Name and address of person making request. Name Ferndo S}tlinas Address 440 Valdez Dr. Phone (361) 658 -3900 6. Do you represent an organization with respect to this request? No If yes, name organization 7. Date of request November 23, 2009 —86— Exhibit C Paae 1 of 2 The Manuel Q. Salinas Family To: The Parks and Recreation Advisory Committee From: The Manuel Q. Salinas Family Re: Support of the Manuel Q. Salinas Park Naming Date: December 10, 2009 We, the family of Manuel Q. Salinas (Manuel Salinas Jr., Fernando Salinas, Carlos Salinas, and Virginia "Tina" Salinas Castillo), do hereby acknowledge and wholeheartedly support the naming of the State School property (corner of Airport Rd. and Horne Rd.) and future park to be named Manuel Q. Salinas Park. This unnamed park area has been used for recreational purposes by thousands of people over the past four decades (especially for soccer and baseball). Mr. Manuel Q. Salinas was the driving and organizing force that developed these family and recreational activities at that location. This unofficial Westside park area has been affectionately known as Salinas Park for over three decades. Respectfully yours, Amf-er(i:0:4At■Al. anuel Salinas Jr. Fernando Salinas tritiL actsiiity is "Tina" Salinas Castillo _g7_ Exhibit C Page 2 of 2 State School Park Property Naming Project To Manuel Q. Salinas Park Staff, Due Diligence Report April 14, 2010 On December 10, 2009, Stacie Talbert, City of Corpus Christi, Parks & Recreation Interim Director received a request from Fernando Salinas to name the State School Park Property the Manuel Q. Salinas Park. The Parks & Recreation Advisory Committee (PRAC) received the request at their January 13, 2010 regular meeting. The committee requested staff complete their due diligence report for the March 10, 2010 meeting. Staff research noted the park property had not previously been named. It was only referenced as the State School Property Park or State School Park due to its proximity to the State School. Public notification signs were posted at the park property on February 2, 2010. Notification fliers were mailed to 52 property owners within a two hundred feet radius of the site on February 8, 2010. Part of the public notice was an invitation to contact the Parks & Recreation Department with comment, or to attend the Parks & Recreation Advisory Committee meeting. An official City Press Release was distributed February 10, 2010 with a reminder sent on March 10, 2010. Public Notice was published in the Corpus Christi Caller Times on the Sundays of February 28, 2010 and March 7, 2010. However, all public notices were distributed with an erroneous March 11th meeting date for PRAC. Therefore, the item was tabled at the PRAC meeting of March 10, 2010. Notifications were re- posted and re -sent noting the April 14th PRAC meeting date. Park signs were re- posted by March 18tH Fifty-two neighborhood notifications were re- mailed March 12th. Thirteen notices were returned, undeliverable. Newspaper Public Notices were re -run on April 4`" and 11tH To date, there have been 3 names recommended for consideration. Staff continues to receive inquiries of interest. Staff Recommendation: At this time, staff cannot recommend any name for the State School Park Property. It is anticipated that several regional size parks will be developed and dedicated over the next three years. Therefore, staff recommends further development of the naming /renaming process when addressing the larger community, regional, sports, and special activities park areas. Current input from citizens and staff suggests consideration of a similar process as used by CCISD for naming the schools. Staff requests the committee's approval for this process development with a progress report to be given at the May meeting. Stacie Talbert, Interim Director Parks and Recreation (361) 826-3476 —88— Exhibit D Page 1 of 2 July 20, 2009 November 23, 2009 December 10, 2009 January 13, 2010 January 21, 2010 February 2, 2010 February 8, 2010 February 10, 2010 February 28, 2010 March 7, 2010 March 8, 2010 March 10, 2010 March 11, 2010 March 12, 2010 March 18, 2010 April 4, 2010 April 11, 2010 April 12, 2010 April 14, 2010 PARK RENAMING PROCESS for State School Park Property to Manuel Q. Salinas Park Due Diligence Report Check List Property name research previously completed for Carl Lewis naming request. Is the current name a sub - division name? NO Was the park named for someone /something specific? NO Staff research of current name yielded no formal name found. The site is commonly referenced as the State School Park Property due to its proximity to the State School. Director receives request form Director receives permission letter to complete request PRAC informational presentation by request -ee PRAC requests due diligence report (60 day process) Staff notified with information to order park signs Staff notifies City Secretary's Office to post newspaper Public Notices twice Staff posts notification signs at park Staff mailed informative fliers to 52 park neighbors; 10 returned undeliverable City Press Release Issued Public Notice appears in Corpus Christi Caller Times newspaper Public Notice appears in Corpus Christi Caller Times newspaper Director receives all compiled due diligence information PRAC tables the item because all public notifications gave incorrect PRAC meeting date. City Press Release Issued Staff will re -send all public notifications with April 14th meeting date. Staff notified with information to re -order park signs Staff notifies City Secretary's Office to re -post newspaper Public Notices twice Staff re- mailed informative fliers to 52 park neighbors; 13 returned undeliverable Staff re -posts notification signs at park Public Notice re- appears in Corpus Christi Caller Times newspaper Public Notice re- appears in Corpus Christi Caller Times newspaper Director receives all compiled due diligence information PRAC receives due diligence report and approves request, with agreement to suspend naming activity until process revision is complete. -89- Exhibit D Page 2 of 2 Minutes Excerpt: PARKS AND RECREATION ADVISORY COMMITTEE Regular Meeting April 14, 2010, 5:00 p.m. Sixth Floor Conference Room, City Hall 1201 Leopard Street, Corpus Christi, TX 78401 All members present. C. Old Business for Discussion and Possible Action 1. Due Diligence Report for Request to Name the State School Park Property, Manuel Q. Salinas Park — handout provided in meeting packet. Stacie Talbert reviewed the Due Diligence Report noting the department has not received any calls specifically against renaming the park property for Mr. Salinas. However, the department has received calls inquiring about Mr. Salinas' identity. Usually, these calls would suggest other community leaders be considered in the renaming process. Since other names were coming forward, Ms. Talbert suggested the callers hold their requests in consideration of expanding the current process to better address multiple suggested names for large park areas. Then all submissions could be appropriately evaluated. Discussion was held by the committee members. • Concern was expressed about changing the process after accepting the request. • The previous time line for consideration of Carl Lewis' name was clarified by noting the meeting agenda called for the member vote when David Noyola and Fernando Salinas requested the committee table the item so they could correctly submit Mr. Salinas' name and additional historical data about the park could be collected by staff. Thereafter, Mr. Lewis' name was withdrawn by his family in consideration of his nomination for a school name. > Concern was also expressed regarding the absence of the additional naming recommendations. Danny Noyola addressed the committee requesting support of naming the park for Manuel Q. Salinas. Jesse Noyola addressed the committee suggesting they let the City Council approve or decline the Salinas name. Javier Colmenero said he carne to share Manuel's story, including some CDBG funds were earmarked for 'Salinas Park'. Isabel Martin stated she was the niece of Manuel. She feels the man was a visionary man who loved youth, baseball, soccer and wanted to help his community. Each family member suggested the committee follow the existing process and name the park for Manuel Q. Salinas. Huxley Smith made a motion for the committee to execute the vote. Carlos Haney seconded. Motion passed. Huxley Smith made a motion to recommend to City Council the State School Park Property be named the Manuel Q. Salinas Park. Carrie Robertson seconded. Motion passed. —90— Exhibit E DUE DILIGENCE REPORT TO CITY COUNCIL UPDATE FROM APRIL 14, 2010 The State School Park Property naming item was addressed during the regular Parks and Recreation Advisory Committee (PRAC) meeting held on April 14, 2010. Despite staffs suggestion to table the item in order to review the procedures for processing park naming (or renaming) requests, the committee unanimously approved the motion to name the property Manuel Q. Salinas Park. The following information details the process after the April 14, 2010 PRAC meeting. At their May 12, 2010 meeting, PRAC voted to suspend naming or renaming requests for parks larger than neighborhood size until the process could be reviewed and modified to address the larger park areas. A task force of four PRAC members was created to research, gather information, and present modification options at a future meeting. While preparing the caption for the Salinas Park City Council agenda item, the City Attorney brought to the department's attention an official survey of the property which indicated the park acreage was 91.7 acres rather than the 105.493 acres used in the public notification process. The City Attorney suggested the department update the council agenda item to reflect the surveyed acreage. The Parks and Recreation Department (PARR) prepared the Salinas Park agenda item for the May 18, 2010 City Council meeting. Upon review, the City Manager elected to pull the item from the agenda because an outdated Park Naming /Renaming Ordinance was included. The item was postponed to the May 25, 2010 agenda. At that time the City Manager requested the department update the agenda information to include; the current Park Naming /Renaming Ordinance (approved by City Council in December 2009), maps of the property in question, and detailed reports regarding the process that was followed leading up to the April 14, 2010 PRAC meeting. After reviewing the information provided and receiving concerns from City Council members, the City Manager elected to pull the agenda item from the May 25, 2010 agenda and began studying the process in greater detail — questioning staff and PRAC members about their perception of the process and the intention of their vote. It was noted that during the process a map was not presented to the committee explaining the exact boundaries of the property, nor did a discussion occur to distinguish the developed portion of the property from the undeveloped property. Though committee members did not express confusion or seek clarification, this information could have incited such discussion. From speaking with individual PRAC members during his review, the City Manager noted some members were under the impression the portion of the State School Park Property being considered for naming consisted only of approximately 51.14 acres on the front, undeveloped portion of the property, not the entire 91.7 acres of the property. Further review noted the renaming request form completed by Fernando Salinas noted the corner of Airport and Horne Roads. While preparing the Council agenda item, additional research through the Legal Department indicated the property is owned by the Corpus Christi Industrial Development Corporation (CCIDC). Per explanation, when the property was initially transferred from the State, it was deeded to the CCIDC in order to create opportunities to leverage the value of the property for future development grant opportunities. Exhibit F Page 1 of 2 The City Manager requested staff place the item on the June 9, 2010, PRAC regular meeting agenda to clarify the boundary intent of the members when approving the motion on April 14, 2010 to name the State School Park Property as Manuel Q. Salinas Park. During the June 9, 2010, PRAC meeting, the City Manager addressed the committee members by; reviewing details of the process used, providing a map illustrating the property boundaries and a map showing proposed improvements to the property per the Master Plan and 2008 Bond Funding, and providing an explanation of previous expenditures used for existing improvements. The City Manager told the group he was seeking clarification for the portion of the State School Park Property they intended to be named Manuel Q. Salinas Park with their approval during the April 14, 2010 meeting. The City Manager stated he heard three main considerations when speaking to the members; the soccer field area of about 14 acres, the undeveloped area off Airport and Horne Roads of about 51.14 acres, and the complete property of 91.7 acres. Per the agenda, the City Manager and Legal Staff offered the following committee action options; table the item for more information, or clarify their intent. Clarification was given regarding the property ownership by the Corpus Christi Industrial Development Commission ( CCIDC) and its interaction with the City. When the State gave the land to the City it was deeded to the CCIDC so the City could use its value toward any required grant funding match. The City Manager further clarified if the land deed is changed to the City, the value could not be used in future grant applications. However, if the property is leased by the City from CC1DC, negotiations could include provisions for maintenance, naming rights, improvements, etc. He noted, leases are usually for the length of the bond debt or 20 years. The City Manager informed the committee that their naming efforts would be considered in the upcoming process regarding that property ownership. The committee heard remarks from Roland Garza, Danny and Jesse Noyola. Roland Garza's comments contained a suggestion to name the entire park property for the children who have played there as well as for those who will play there; perhaps the Children's Miracle Park. The Noyola's reiterated their support for naming the park area for Manuel Q. Salinas by requesting the committee clarify their intent verses rescinding their decision and starting the process again. After much exchange of information, and discussion each member was polled to give their interpretation used for the April 14th vote. Two interpretations were voiced; the soccer field area of about 14 acres, or the undeveloped area consisting of about 51.14 acres. Each member was again polled to calculate the support for each of the two interpretations of their intention. The approximate 51.14 acre area received the most support. The formal motion was then made and seconded to name the undeveloped area of about 51.14 acres the Manuel Q. Salinas Park. The motion passed with a vote of 8 supporting, 2 against, and 1 abstaining. The City Manager expressed appreciation for the committee's time and effort. He confirmed that he will now be able to tell Council their intent. Exhibit F Page 2 of 2 L c tl E E (1) a) a) E i — -. December 10, 2009 A Department Received Request from Fernando Salinas to name the State School Park Property, the Manuel Q. Salinas Park • January 13, 2010 PRAC Meeting • Public Notification • February 2nd Notification signs posted at park • February 8th Neighborhood flyers mailed • February 28th 1st Caller Times notification published ▪ March 7th 2nd Caller Times notification published • March 12th Neighborhood notification flyers re- mailed • March 18th Notification signs re- posted at park . April 4th lst Caller Times notification re- published . April 11th 2nd Caller Times notification re- published co 0 a) o 0 c .0) c 0 1 i0 T 0 Z 0 .(0 E Cl) 0 > ■ T 0 0 0 Z -a a) c • i o 0 c ti E E u) a) a) E • Input received . Requests for Identification Information on Manuel Q. Salinas • Other Names Suggested cn co c To u) d a) c 2 c 0 c 0 ca E 0 c c 0 0 4- a) L O co N N O a) -o c 4E' o .� W • o O ID CO • CL U u) (7• 3 E E a a) E _c co c A Member considerations were for two alternatives: c L O Q Q 4E) o 0 0 o_ a) a o L o (7 a) D 4U ) � 45 N 45' (o _a T O � N (6 D CO E ■N O O U O Ea) Q co_ con • • Information on Manuel Q. Salinas (1927 — 2007) Information provided by the Family of Manuel Q. Salinas O N 0 N co 0 N E 0) O J A 0. co 0 (0 O co O Q CO C O 0 0 U (/) u) O C/) CD N -0 O p F, co .c E cn N 0_4_ CD CO co co _a To c ca 45 co s (-T) = O Q O L- (/) 0- A N 0 0 O co O 4— co 0 co N E ca co N N 0 •O (/)u 00) -0 0 0c cn CZ co co 0•— J N A O 4- co N 0) co N N 0 0 O co 4E) O ca 0 0 o -0 E(0 o }, a) CZ N c U O O -c 0 co Page 1 of 2 ORDINANCE NAMING APPROXIMATELY 51.14 ACRES OF LOT 9, BLOCK 7, CLIFF MAUS TRACTS, LOCATED NEAR INTERSECTION OF AIRPORT ROAD AT HORNE ROAD, THE MANUEL Q. SALINAS PARK. WHEREAS, the City of Corpus Christi Parks and Recreation Department received a request to name property used as park property near the Corpus Christi State School and located near intersection of Airport Road at Horne Road, the Manuel Q. Salinas Park; WHEREAS, the Parks & Recreation Advisory Committee ( "PRAC') considered this request at their January 13, 2010 regular meeting at which time they requested staff begin their due diligence research and began the 60 day process of public notification; WHEREAS, notice was posted at the location on February 2, 2010, and on March 18, 2010 with legal notice about the proposed name change posted in the Corpus Christi Caller Times on February 28, 2010, March 7, 2010, April 4, 2010 and April 11, 2010; WHEREAS, the PRAC considered the request and voted to recommend the park property name change to the City Council at their April 14, 2010 meeting, and at their meeting on June 9, 2010, clarified the area recommended to be named for Manuel Q. Salinas as the 51.14 acres of Lot 9, Block 7, Cliff Maus Tracts, which is located near intersection of Airport Road at Horne Road; , NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The name of approximately 51.14 acres of land out of Lot 9, Block 7, Cliff Maus Tracts, as depicted on the attached Exhibit A, and located near intersection of Airport Road at Horne Road, is hereby named the Manuel Q. Salinas Park. Page 2 of 2 That the foregoing ordMnce was read for the first time and passed to its second reading on this the day of �,�— , 2010, by the following vote: Joe Adame G Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, 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 PASSED AND APPROVED, this the day of , 2010. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: 2010 By: Lisa Aguil Assistant City Attorney for the City Attorney 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 1312010 AGENDA ITEM: A. ORDINANCE ADOPTING THE CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1, 2010; TO BE FILED WITH THE COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE BUDGET; AND PROVIDING FOR SEVERANCE. B. ORDINANCE TO RATIFY INCREASE OF $1,380,315 IN PROPERTY TAX REVENUES FROM LAST YEAR'S OPERATING BUDGET AS REFLECTED IN THE 2010 -2011 OPERATING BUDGET. ISSUE: The City Charter requires the City Council adopt the annual operating budget appropriating proposed revenues and expenditures prior to August 1 st of each year. FUTURE COUNCIL ACTION: July 20 2010 — Second reading of Ordinance adopting the City of Corpus Christi Operating Budget for FY 2010-2011. REQUIRED COUNCIL ACTION: Approval of Ordinance as submitted. ISSUE: The Local Government Code now requires municipalities to ratify any increases in property tax revenues from the previous year. The attached Ordinance complies with the new requirement. REQUIRED COUNCIL ACTION: Approval of Ordinance ratifying the increase in property tax revenues from last year's operating budget. Eddie Houlihan Assistant Director of Management & Budget 361 - 826 -3792 EddieHo@cctexas.com Attachment: Attachment A BACKGROUND INFORMATION Section 102.007 of the Local Government Code now requires the governing body of a municipality to ratify the property tax revenue increase reflected in the Budget separate and in addition to adopting the budget if more tax revenue will be raised by the Proposed FY 2010 -11 Budget than in the previous year. Attachment A - Schedule of Adjustments City of Corpus Christi Amendment to the FY 2010 -2011 Proposed Budget Gas Fund -4130 1 38,919,567 Revenues Adiustments: Decrease 1CL - Residential (181,222) Decrease ICL - Commercial and Other (90,307) Decrease - Large Volume Users (9,024) Decrease OCL - Commercial and Other (1,750) Decrease City Use (77) Total Adjusted Revenues $ 38,637,188 Hotel Occupancy Fund -1030 ! 9,330,575 Expenditures Adjustments: Increase Art Museum of South Texas 170,000 Increase Botanical Gardens 10,000 Total Adjusted Expenditures $ 9,510,575 Revenues $ 9,985,939 Adjustments: Increase Transfer from General Fund 170,000 Total Adjusted Revenues $ 10,155,939 TOTAL AMENDED PROPOSED REVENUES 673,583,278 TOTAL AMENDED PROPOSED EXPENDITURES 668,617,786 —107— AN ORDINANCE ADOPTING THE CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1,2010; TO BE FILED WITH THE COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE BUDGET; AND PROVIDING FOR SEVERANCE. WHEREAS, the City Manager of the City of Corpus Christi (City), pursuant to Article IV, Section 2 of the City Charter, did submit to the City Council a budget proposal (Budget Proposal) of the revenues of the City, and the expenses of conducting the affairs thereof for the ensuing fiscal year beginning August 1, 2010, and ending July 31, 2011, and which Budget Proposal had been compiled from detailed information from the several departments, divisions, offices of the City, in accordance with the City Charter provision referenced above; and WHEREAS, the members of the City Council have received and studied the City Manager' s Budget Proposal and have called and held the proper hearing in accordance with Section 102.006, Texas Local Government Code, on the Budget Proposal; and WHEREAS, pursuant to Section 2(f), Article IV, of the City Charter of the City of Corpus Christi, Texas, the City Council must appropriate such sums of money as provided in the Budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Budget of the City of Corpus Christi, covering proposed expenditures amounting to $668,617,786 and estimated revenues amounting to $673,583,278 for the Fiscal Year beginning August 1, 2010, and ending July 31, 2011, as submitted by the City Manager, with modifications directed by the City Council and recorded in its minutes being incorporated by reference, is adopted. SECTION 2. That upon the passage of this ordinance certain sums of money from all sources of City revenues, as described in the Budget, shall be and they are appropriated to cover the sums for expenditures and investments as provided for each of the several funds in the Budget, as modified by the City Council. Notwithstanding any other provision to the contrary, the City Manager is authorized to make transfers within departments, divisions, purposes, or funds, provided it is in accordance with applicable law. SECTION 3. Police Officer Positions The number of positions budgeted for each police officer classification in the Police Department shall be: H:1LEG- DIRILisal2010 ordinancelFY10 -11 Budget.doc Police officer and senior police officer - 392* Police Lieutenant - 36 Police Captain - 15 Police Commander - 6 Assistant Police Chief - 1 Police Chief - 1 FY10 -11 TOTAL 451 * These positions are interchangeable. Any police officer may become a senior police officer after 30 months' service by passing a pass /fail exam. This number may be temporarily increased by graduates from a police academy authorized by the City Manager, which temporary increase shall be reduced to authorized strength through attrition. SECTION 4. Firefighter Positions The number of positions budgeted for each firefighter classification in the Fire Department shall be: Firefighter - 134* Firefighter II —EMS —109 Firefighter II — Engineer - 73 Fire Captain - 82 Battalion Chief - 10 Assistant Fire Chief - 4 Deputy Fire Chief - 1 Fire Chief - 1 FY10 -11 TOTAL 414 *This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which temporary increase shall be reduced to authorized strength through attrition. SECTION 5. That upon final passage of this budget ordinance, a true certified copy of this same ordinance shall be transmitted by the City Manager to the County Clerk of Nueces County, Texas, pursuant to Section 102.011, Texas Local Government Code. The budget shall also be part of the archives of the City. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision in this ordinance be given full force and effect for its purpose. H :\LEG- DIRlLisa12010 OrdinancelFY10 -11 Budget.doc That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, 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 , 2010. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: 7 a'° J By: c -T Lisa Aguil • ¢ Assistant City Attorney for the City Attorney ORDINANCE TO RATIFY INCREASE OF $1,380,315 IN PROPERTY TAX REVENUES FROM LAST YEAR'S OPERATING BUDGET AS REFLECTED IN THE 2010 -2011 OPERATING BUDGET. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council ratifies the increase of $1,380,315 in property tax revenues from last year's operating budget as reflected in the 2010 -2011 Operating Budget. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, 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 , 2010. ATTEST: Armando Chapa City Secretary APPROVED as to form: 7 do By: Lisa A uil Assistant City Attorney for the City Attorney Joe Adame Mayor 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 07/13/10 AGENDA ITEM: AMENDING CODE OF ORDINANCES, CHAPTER 39, PERSONNEL, ARTICLE III EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM, REVISING SECTION 39 -309 COVERAGE UNDER THE CITY'S GROUP HEALTH PLAN TO ESTABLISH THE CITY CONTRIBUTION FOR CITICARE PREMIUM COVERAGE; REVISING SECTION 39 -312 RETIREES PARTICIPATION IN THE CITY'S GROUP HEALTH INSURANCE PROGRAM AT GROUP RATES TO CLARIFY THAT GROUP RATES ARE BASED UPON THE RETIREE GROUP; REPEALING ALL OTHER ORDINANCES, AND RULES, OR PARTS OF ORDINANCES AND RULES, IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR EFFECTIVE DATE AND PROVIDING FOR SEVERANCE. ISSUE: Proposed Revisions to Chapter 39 of the City Of Corpus Christi's Code of Ordinances to Reflect Revisions to Lanquajie Revise language in Code of Ordinances, Chapter 39, Personnel to address changes regarding the contributions by the city, employees, members of City Council, and retirees for health plan coverage. See Background Information Section for proposed revisions. REQUIRED COUNCIL ACTION: Requesting City Council approval of revisions to the City of Corpus Christi's Code of Ordinances, as amended, Chapter 39, Personnel, for administration of the Compensation & Classification Plan for FY 2010 -2011. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: It is recommended that the City Council approve the proposed revisions to the Code of Ordinances, Chapter 39, Personnel, for FY 2010 -2011. Cynt is C. Garcia Director of Human Resources cynthiag©cctexas.com 361 - 826 -3306 Attachments BACKGROUND INFORMATION I. Proposed Revisions To Chapter 39 of the City's Code of Ordinances: Article 111: Section 309 Coverage Under the City's Group Health Plan for Eligible Employees and Members of the City Council • Add language to establish City contribution for Citicare Premium employee only and dependent coverage equal to the City contribution for Citicare employee only and dependent coverage. • Revised language regarding council member and dependent coverage to address the city contribution, same as for employees. These ordinance changes are necessary given the changes to the civilian health plan design, offering employees a choice of two plans; Citicare or Citicare Premium. Section 312 Retirees Participation In the City's Group Health Insurance Program At Retiree Group Rates • Revise language to clarify that group rates are based upon the retiree group. • Delete language defining eligibility as "(3) at age sixty (60) upon completion of a minimum of five (5) years of continuous service with the city", as retirement eligibility is defined by item #1 "when eligible for retirement under requirements of the Texas Municipal Retirement System (TMRS) o This change is to ensure compliance with Texas Government Code Chapter 175, and to clarify eligibility requirements for retiree participation in the group health insurance program. Page 1 of 3 ORDINANCE AMENDING CODE OF ORDINANCES, CHAPTER 39, PERSONNEL, ARTICLE III EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM, REVISING SECTION 39 -309 COVERAGE UNDER THE CITY'S GROUP HEALTH PLAN TO ESTABLISH THE CITY CONTRIBUTION FOR CITICARE PREMIUM COVERAGE; REVISING SECTION 39 -312 RETIREES PARTICIPATION IN THE CITY'S GROUP HEALTH INSURANCE PROGRAM AT GROUP RATES TO CLARIFY THAT GROUP RATES ARE BASED UPON THE RETIREE GROUP; REPEALING ALL OTHER ORDINANCES, AND RULES, OR PARTS OF ORDINANCES AND RULES, IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR EFFECTIVE DATE AND PROVIDING FOR SEVERANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 39, PERSONNEL, Article 111. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -309, is amended to read as follows: ARTICLE III. EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM Sec. 39 -309. Coverage under the city's group health plan for eligible employees and members of the city council. (a) Full -time employees are eligible for group health plan coverage as defined by the city manager at the employee monthly cost of sixty -three dollars and thirty -six cents ($63.36) for Citicare, :: - •• - - • - _ - Ghoice. For full -time employees selecting Citicare Premium the employee cost will be the total premium cost minus a City contribution equal to the amount the City contributes for employees selecting Citicare. (1) Part -time employees routinely assigned to work twenty -five (25) or more base hours per seven -day work period who were employed by the city prior to August 1, 2008 and who were participating in the city's group health insurance plan as of July 31, 2008 are eligible for group health plan coverage as defined by the city manager, and shall contribute fifty (50) per cent percent of the city's cost for employee only coverage, if such coverage is elected. (2) If a part -time employee covered by provision (a)(1) above drops coverage, the employee will no longer be eligible for such coverage. (3) Part -time employees, other than as provided in (a)(1) above, are not eligible for group health plan coverage. Page 2 of 3 (b) Full -time employees shall contribute fifty (50) per -cent percent of the cost for dependent group health plan coverage for Citicare, if such coverage is elected. For full -time employees selecting Citicare Premium the employee cost will be the total premium cost minus a City contribution equal to the amount the City contributes for employees selecting Citicare. (1) Part -time employees, eligible to participate in the group health plan as provided in (a)(1) above, shall contribute seventy -five (75) pep -sent percent of the cost of dependent group health plan coverage, if such coverage is elected. (0) Members of the city council and their dependents are eligible for the city's group health plan coverage, and shall contribute at the same rate as full -time employees for the cost of such coverage. SECTION 2. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -312, is amended to read as follows: Sec. 39 -312. Retirees participation in the city's group health insurance program at retiree group rates. City employees will be eligible to participate as retirees in the city's group health insurance program at retiree group rates when any of the following conditions exist: (1) when eligible for retirement under requirements of the Texas Municipal Retirement System (TMRS); or (2) due to disability retirement; . An employee who terminates employment and does not meet these conditions will be eligible for group health insurance program coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), provided that the employee meets the eligibility and other COBRA requirements under this federal law. SECTION 3. This Ordinance is effective upon final adoption by the City Council. Revisions within this Ordinance will become effective August 2, 2010. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2010. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM Joe Adame Mayor Jennifer A. Knox - Walker Assistant City Attorney for City Attorney , 2010 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 13, 2010 AGENDA ITEM: In support of the FY 2010-11 Proposed Budget which includes fee and rates increases and new proposed fees and rates. A. FIRST READING ORDINANCE- AMENDING SECTIONS 55-50, 55 -52, 55 -113 AND 55 -70(9) AND ADDING NEW SECTION 55 -55, 55 -56, AND 55 -115, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING WATER RATES; PROVIDING FOR PUBLICATION. B. FIRST READING ORDINANCE ARTICLE III, CHPATER 12, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING THE SUNRISE BEACH RECREATION SITE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION, C. FIRST READING ORDINANCE AMENDING SECTIONS 55 -61 AND 55-63, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING GAS RATES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. D. FIRST READING ORDINANCE AMENDING SECTION 35- 147(D), CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING PIPELINE REPORTING FEES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. E. FIRST READING ORDINANCE AMENDING SECTIONS 55 -100, 55 -102, AND 55 -148, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING WASTEWATER RATES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. F. FIRST READING ORDINANCE AMENDING SECTION 18- 1(B)(12), CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING FIRE CODE FEES; PROVIDING FOR SEVERANCE, AND PROVIDING FOR PUBLICATION, G. FIRST READING ORDINANCE CREATING NEW SECTION 19 -105, CHAPTER 19, OF THE CODE OF ORDINANCES, REGARDING REINSPECTION OF SOFT SERVE ICE CREAM MACHINES AND RELATED FEE; AMENDING THE FOLLOWING PROVISIONS OF CHAPTER 23, CODE OF ORDINANCES: SECTION 23 -18, ENTITLED "SCHEDULE OF FEES FOR CLINICAL HEALTH SERVICES AND POLICIES RELATED TO THE IMPOSITION AND COLLECTION OF SUCH FEES," TO REVISE EXISTING FEES AND APPLICABLE PROVISIONS; AND SECTION 23 -19, ENTITLED "FEE FOR LABORATORY TESTING OF WATER SAMPLES, TO REVISE THE TITLE AND ESTABLISH NEW FEES FOR VECTOR SERVICES; CREATING NEW SECTION 23 -24, -123- THE AUDITORIUM AND RELATED EQUIPMENT; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE, AND PROVIDING FOR PUBLICATION. H. FIRST READING ORDINANCE AMENDING VARIOUS PROVISIONS OF CHAPTER 21 OF THE CODE OF ORDINANCES, ENTITLES "GARBAGE, TRASH AND OTHER REFUSE" TO REVISE EXISTING FEES, ADD NEW DEFINITIONS AND LANGUAGE, AND ESTABLISH NEW FEES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. I. FIRST READING ORDINANCE AMENDING CODE OF ORDINANCES, CHAPTER 17, TO ESTABLISH FEES FOR PUBLIC INFORMATIN OFFICE: $25 CCTV COMMUNITY EVENT BULLETIN BOARD SLIDE FEE, AND $75 /HOUR FEE FOR VIDEO PRODUCTION SERVICES, AND INCLUDE COUNCIL CHAMBERS AUDIO VIDEO SERVICES AFTER BUSINESS HOURS FEE OF $50 /HOUR; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR SEVERANCE, AND PROVIDING FOR PUBLICATION. J. FIRST READING ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 2 REGARDING $5.00 LOST LIBRARY ITEM PROCESSING FEE; PROVIDING AN EFFECTIVE DATE, PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. K. FIRST READING ORDINANCE AMENDING SECTION 3 ' /z -2, CODE OF ORDINANCES, RELATING TO THE FEES CHARGES FOR ALARM SYSTEMS; PROVIDING AN EFFECTIVE DATE, PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. L. RESOLUTION AUTHORIZING ADJUSTMENT OF PARKS, RECREATION, CULTURAL, AND LEISURE TIME ACTIVITIES RENTAL AND RECREATIONAL FEES; ADDING NEW RENTAL AND RECREATIONAL FEES FOR FISCAL YEAR 2010 - 2011; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE, AND PROVIDING FOR PUBLICATION. ISSUE: The Proposed FY 2010 -11 Budget includes estimated revenues generated from increased fees/rates and new fees /rates necessary to fund specific projects and/or cover existing operating costs. PREVIOUS COUNCIL ACTION: July 6, 2010 — Proposed Budget Public Hearing RECOMMENDATION: Approval of the ordinances as presented. Aindh, Eddie Houlihan Assistant Director of Management and Budget 361/826-3792 EddieHofacctexas.com —124— Page 1 of 16 ORDINANCE AMENDING SECTIONS 55 -50, 55 -52, 55 -113, AND 55 -70(9) AND ADDING NEW SECTION 55 -55, 55 -56, AND 55 -115, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING WATER RATES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 55 -50, Code of Ordinances, is revised to read as follows: "Sec. 55 -50. Schedule. "(a) Base rates for water service. The rates for water service are as follows: "(1) Monthly minimum charges. "a. Metered treated water customers. "1. Inside city limits ("ICL "): 2010 -2011 WATER RATE ORDINANCE 07082010B —125— Meter Size (Inches) August 1, 2010 to July 31, 2011 Residential 518- -- 314 5 $ 8.72 Commercial 5/8— 3!4 12.33 12.58 Residential and Commercial 1 18.50 18.87 1 112 30.84 31.46 2 61.67 62.90 3 98.67 100.64 4 4-9.744 201.29 2010 -2011 WATER RATE ORDINANCE 07082010B —125— 6 8 and larger Large Volume Page 2 of 16 314.52 0 629.03 Any size Temporary construction 4-6702.840 16.349.00 1 1% 2 "2. Outside city limits ( "OCL" 1: 18.87 31.46 62.90 Meter Size (inches) Residential 5/8 -- 3/ Commercial 5/8 -- 3/ Residential and Commercial 1 1 '/2 2 3 4 2010 -2011 WATER RATE ORDINANCE 07082010B —1 2 6— August 1, 2010 to July 31, 2011 $ 10.46 4440 15.10 22.20 22.64 37.01 37.75 749) 75.48 X40 120.77 236.81 241.55 370.02 377.42 Page 3 of 16 8 and larger Large Volume 74-0,041 754.84 Any size Temporary Construction 1 1y2 2 26,744.00 27,279.00 b. Untreated water customers. Minimum monthly service charge, water districts /municipalities with raw water supply contracts executed after January 1, 1997 Minimum monthly service charge for public agency for resale untreated water without a raw water supply contract executed after January 1, 19971 Minimum monthly service charge, industrial Minimum monthly service charge, domestic Minimum annual service charge, domestic Minimum monthly service charge, agricultural irrigation water service Minimum monthly service charge; temporary construction water service 1 22.64 37.75 75.48 August-1, 09 20 fo 1,.1., 31 , 2010 Auqust 1, 2010 to July 31, 2011 $482,634 $ 390.28' 283-:040 237.70 382.631 390.28 12.714 13.00 127.540 130.09 195.00 260.00 Minimum monthly charge for public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997: If the charge based on the volume of water taken in a monthly billing period is less than $233.040, the customer shall be billed $233.040, unless a valid water supply contract between the customer and city that was executed prior to January 1, 1997, provides for a minimum annual payment. if a valid water supply contract between the customer and city executed prior 2010 -2011 WATER RATE ORDINANCE 070820108 —1 2 7— Page 4 of 16 to August 1, 2000, provides for a minimum annual payment, the customer shall pay the minimum annual payment under the contract. "c. Blended water customers. Any size August 1, 2010 to July 31, 2011 $ 27,279.00 "(2) Monthly volume charges per 1,000 gallons. "a. Residential rate. "1. Inside city limits: First 2,000 Gallons Next 4,000 Gallons Next 4,000 Gallons Next 5,000 Gallons Next 15,000 Gallons Next 20,000 Gallons Next 50,000 Gallons Over 100,000 Gallons *Use the minimum charges in subsection (a)(1). "2. Outside city limits: First 2,000 Gallons Next 4,000 Gallons 2010 -2011 WATER RATE ORDINANCE 07082010B —128— August-47-2009-44,-.114-34;2111-0 August 1, 2010 to July 31, 2011 Minimum* g $ 3.442 3.623 4.302 46 4.948 5.072 6.023 7.314 6.703 7.960 ,224 8.605 August 41-200940-4u-ly-3-17-201-0 August 1, 2010 to July 31, 2011 Minimum* $-1564 $ 1.613 . Next 4,000 Gallons Next 5,000 Gallons Page 5 of 16 1.955 2.018 Next 15,000 Gallons Next 20,000 Gallons Next 50,000 Gallons 2.248 2.319 2.737 2.823 3.32'1 3.428 Over 100,000 Gallons *Use the minimum charges in subsection (a)(1). "b. Commercial rate. "1. Inside city limits: First 2,000 Gallons 3.61-7 3.730 3,940 4.032 August-41-2-009-4,04015,--3-17-2040 August 1, 2010 to July 31, 2011 Over 2,000 Gallons *Use the minimum charges in subsection (a)(1). "2. Outside city limits: First 2,000 Gallons Over 2,000 Gallons *Use the minimum charges in subsection (a }(1). "c.— Reseed. Golf course and athletic field irrigation water inside City limits: Minimum* $-3: $ 4.302 August 1, 2010 to July 31, 2011 Minimum* $4,965 $ 2.383 First 2,000 Gallons Over 2000 Gallons 2010 -20U WATER RATE ORDINANCE 070820108 August 1, 2010 to July 31, 2011 —129— Minimum* $ 2.246 Page 6 of 16 *Use the minimum charges in subsection (a)(1) for 1CL commercial customer. "d. Resale treated water rates. "1. Treated water rates purchased for resale where the water is taken and metered at the site of treatment are hereby set as follows: *Use the minimum charges in subsection (a)(1). "2. Treated water rates purchased for resale where the water is delivered to the resale entity through city facilities are hereby set as follows: Aug....s 1 9009 to July -31 2040 August 1, 2010 to July 31, 2011 First 10,000,000 Gallons First 2,000 Gallons Minimum* Over 2,000 Gallons 8 $ .824 *Use the minimum charges in subsection (a)(1). "2. Treated water rates purchased for resale where the water is delivered to the resale entity through city facilities are hereby set as follows: *Use the minimum charges in subsection (a)(1). "e. Large volume treated water customers. A commercial treated water customer who agrees to pay for a minimum of ten million (10,000,000) gallons of treated water per month is considered a large volume treated water customer. Once a customer has elected to become a large volume treated water customer, the customer will be billed as a large volume treated water customer until the customer notifies the city and requests reclassification as a commercial customer in writing. However, a commercial customer may not elect to become a large volume treated water customer more than once in any twelve -month period. "1. Inside city limits: August-41-200940,141Y-34r2(40 August 1, 2010 to July 31, 2011 August 1, 2010 to July 31, 2011 First 10,000,000 Gallons First 2,000 Gallons Minimum* Over 2,000 Gallons $ 1.135 $ 1.465 *Use the minimum charges in subsection (a)(1). "e. Large volume treated water customers. A commercial treated water customer who agrees to pay for a minimum of ten million (10,000,000) gallons of treated water per month is considered a large volume treated water customer. Once a customer has elected to become a large volume treated water customer, the customer will be billed as a large volume treated water customer until the customer notifies the city and requests reclassification as a commercial customer in writing. However, a commercial customer may not elect to become a large volume treated water customer more than once in any twelve -month period. "1. Inside city limits: 2010 -2011 WATER RATE ORDINANCE 070620105 —130— August-41-200940,141Y-34r2(40 August 1, 2010 to July 31, 2011 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $ 1.940 $ 2.547 2010 -2011 WATER RATE ORDINANCE 070620105 —130— *Use the minimum charges in subsection (a)(1), "2. Outside city limits: First 10,000,000 Gallons Page 7 of 16 August 1, 2010 to July 31, 2011 Each Additional 1,000 Gallons Minimum* $ 1.435 $ 1.465 *Use the minimum charges in subsection (a)(1). "f. Large volume blended water customers. A commercial blended water customer who agrees to purchase a minimum of ten million (10,000,000) gallons of blended water per month is considered a large volume blended water customer. "1. Inside city limits: First 10,000,000 Gallons Each Additional 1,000 Gallons *Use the minimum charges in subsection (a)(1), "2. Outside city limits: First 10,000,000 Gallons Each Additional 1,000 Gallons August 1, 2010 to July 31, 2011 Minimum* $ 2.278 August 1, 2010 to July 31, 2011 *Use the minimum charges in subsection (a)(1). "3. Peaking factor. [To be determined.] "g. Temporary water service. "1. Treated water. "A. Inside city limits: Minimum* $ 0.071 August 1, 2010 to July 31, 2011 First 2,000 Gallons Minimum* Over 2,000 Gallons *Use the minimum charges in subsection (a ){1). 2010 -2011 WATER RATE ORDINANCE 070820108 —131— $ 4.500 First 2,000 Gallons Over 2,000 Gallons "13. Outside city limits: Page 8 of 16 August1, 2010 to July 31, 2011 Minimum* *Use the minimum charges in subsection (a)(1). "2. Untreated water. "A. Inside city limits: First 2,000 Gallons Over 2,000 Gallons *Use the minimum charges in subsection (a)(1). "E3. Outside city limits: First 2,000 Gallons Over 2,000 Gallons *Use the minimum charges in subsection (01 ]. "h. Agricultural irrigation water outside City limits: $ 2.600 August 1, 2010 to July 31, 2011 Minimum* 2 X RWCA August 1, 2010 to July 31, 2011 First 2,000 Gallons Over 2,000 Gallons *Use the minimum charges in subsection (a } {1), "1. Public agency for resale untreated water rates. The rates for the purchase of untreated water purchased by a public agency, which does not have a raw water supply contract with the city executed after January 1, 1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this section, for the period used to determine the composite cost of untreated water under the city's current contract with the public agency. "(b) Raw water cost adjustment (RWCA). In addition to the charges for the base rates for water service, established in subsection (a), a separate charge for the costs of raw water, the RWCA, will be added to each consumer's bill, except public agency for resale untreated water customers without a raw water supply contract executed after Minimum* 2 X RWCA August 1, 2010 to July 31, 2011 Minimum* 2 X RWCA 2010 -2011 WATER RATE ORDINANCE 07082010B —132— Page 9 of 16 Janus rY 1, 1997. (A public agency for resale untreated water supply contract executed after Janus water customer without composite cost, as defined in its contract with the will pay the lower of the t a raw resale untreated ,Hater customers without a raw for Janus a cty or the rate for January 1997, specified to subsection er without water supply public ut agency after based on projected system-wide led in raw PP Y contract ) The executed after RWCA will ro be calculated on (a�(aI of this section. water sales ad'usted for section.) The will be according o the n an annual basis usin the ado fed utillt rate model "(1) Use projected system-wide water sales based growth with ad'ustments for water losses. ed on historical consumption an and "(2) Include the annual budgeted cost of debt amortization of deferred losses on refunding$, and other applied to the service. Bond payments, be proportion of the original RWCA bathe same Cher debt t service i costs shall Proportion as the raw water activities Proceeds. "(3) include budgeted expenditures for purchases of water. "(4) Include purchases of water rights, amortize right agreement. d over the duration of the water "(5) Budgeted expenditures for capital items sha "a. The expense of acquinn ll be included as follows: g a capita! item that costs not mare than one eve hundred thousand dollars charged in the year in which it is acquired. 500 000.00 shalt be "b. The expense of acquiring a capital item that hundred thousand dollars costs more than over the number of years used to 5pa Dg9.00~ the half-year convention used in the calculate o acquisition. exalensesmortized Y of acquisition. P � with "(6) All operating and maintenance expenditures annual budgeted amounts. These expenditures include be charged based an maintenance of dams, reservoirs maintenance charges. , Pipelines, wells u de pumping stations, operation and p mping stations, and related "(7) All expenses for consultants, engineering, shall be charged based on annual budgeted amv al services they apply to raw water issues. ants in the proportion to whlchn "(8) Expenses related to the acquisition and transportation of emergency water supplies shall be included in the RWCA for the following foreseen and budgeted in advance, in which fiscal year, unless budgeted. case.they are included in the y ear 2010 -2011 WATER RATE ORDINANCE 070820108 —133— Page 10 of 16 "(9) Miscellaneous revenues related to raw water activity, such as oil and gas lease revenues and re� ' . - - • _ • applied as an offset based on annual budgeted amounts. - , is "(10) Apply the credit for levelized Choke Canyon debt payments to payers' = • :: city rate • • escalating payment schedule on the Choke Canyon debt waRWCA. (The the creation of a reserve fund. In the initial years, payments greater than the debt service were made, with the excess going into the reserve fund. This excess was paid through a rate surcharge on ICL and OCL metered treated water customers. Now that bond payments exceed the ievelized payment amount, the reserve fund is drawn on to make up the difference. Since only ICL and OCL metered treated water customers participated in building the reserve fund, the drawing on the reserve fund is only credited to the RWCA assessed against ICL and OCL metered treated water customers.) "(11) Include funds necessary to collect 1.35 times coverage on current annual debt service in order to improve the financial position and bond ratings of the city's water fund. "(12) Include funds necessary to establish and maintain an operating reserve fund with a target amount of twenty-five (25) annual operating expenses for the fiscal yea per cent (or three (3) months) of "(13) Include funds necessary to establish and operate a water capital reserve fund with a target amount of two (2) per cent of the respective annual water capital improvements program for the fiscal year or two million dollars ($2,000,000.00) (whichever is greater). "(14) Include funds necessary to establish and maintain a future water resources reserve fund with an ultimate target balance of $30,000,000, and an annual contribution of approximately $2.000,400 per fiscal year. "(15) The minimum operating or capital reserves amounts are intended to provide for unplanned, unbudgeted expenses and revenue shortfalls, and will not be used for routine expenses, 16 At fiscal year end, determine the amount of over or under collections that have resulted from difference between budgeted and actual expenses and offsetting revenues and the difference between projected and actual volume of water sold. Any funds realized in excess of annual expenses are available for either supplementing minimum operating or capital reserves, for addition to the capital funds for discretionary cash capital funding of the water utility, or to create and maintain a reserve to level out large fluctuations in raw water charges is authorized. Apply any remaining amount as an adjustment to the yearls -RWCA. 2010 -2011 WATER RATE ORDINANCE 070820108 —134— Page 11 of 16 "(c) Definitions. "Costs of raw water is the total of ail costs of acquiring, producing, storing, conserving, and transporting untreated water from its source to the City's treatment facility and all other points of diversion. These costs include, but are not limited to, the costs of: "Construction, including debt service, operation, and maintenance of dams and reservoirs, "Construction, including debt service, operation, and maintenance of raw water supply transmission pipelines. "Construction, including debt service, operation, and maintenance of wells. "Construction, including debt service, operation, and maintenance of facilities capable of converting wastewater effluent, salt water, and brackish ground water into water suitable for municipal, industrial, or agricultural uses. "Acquisition of new water supplies and water rights, including the establishment and funding of a reserve dedicated to offset the costs of acquisition of additional water rights and the implementation of long range water resource development and related capital improvements. "Payments to the P.L. 104 -318 Alternative Water Supply Acquisition and Facilities Construction Special Fund. "Construction, operation, and maintenance of facilities to reduce water losses from water resources due to evaporation or the release of water from a reservoir due to the operation of law. "Acquisition and transportation of emergency water supplies, including the costs of transporting water by vessel or pipelines from other regions. 'Water supply development and protection, including consultants' studies and reports, investigations, legal fees, court costs, and any other costs related to the development or protection of the water supply. "Administrative costs, including overhead and the portion of the city's general administrative costs applicable to the activities enumerated in this definition. 2010 -2011 WATER RATE ORDINANCE 0701320108 —135— Page 12 of 16 SECTION 2. Section 55 -52, Code of Ordinances, is revised to read as follows: "Sec. 55 -52. Contracts for sale of irrigation water. "The director of public utilities is authorized to execute contracts for the sale of irrigation water for periods not to exceed five (5) years, according to the form of contract attached to Ordinance No. 10806, on file in the city secretary's office, any modifications of standard contract to be approved by the city manager. The contracts must be based on the water rates in Section 55 -50." SECTION 3. Article 111 of Chapter 55, Code of Ordinances, is amended by adding new Sections 55 -55 and 55-56 to read as follows: ARTICLE III. WATER RATES AND CHARGES "Secs. 55 -55. Large volume customer equity buy-in fee. "(a) Any large volume treated or blended water customer who requests more than 120,000,000 gallons of water on an annual basis shall pay an equity buy -in fee. "(b) The equity buy -in fee will be calculated using the following procedures: [To be developed.] "(c) All equity buy -in fees shall be deposited in the future water supply reserve fund for the dedicated to offset the costs of acquisition of additional water rights and the implementation of long range water resource development and related capital improvements. "Sec. 55 -56. Temporary construction water service. "(a) The City Manager or designee may authorize the use of fire hydrants or other connections to the City's water distribution system or water supply system for temporary water service, including, but not limited to, for construction and exploration and development of natural resources, such as oil or natural gas. "(b) Temporary water service customers shall post a $600.00 deposit to cover the costs that the City will incur for a replacement meter. If the meter is returned to the City, the customer will receive a $590.00 refund on the deposit, and be charged a $10.00 set fee. "(c1 The temporary water service customer shall pay an application fee to cover the costs of establishing the temporary account, placing the meter, and installing any required backflow preventer. The temporary water service application fees are: "(1) Inside city limits — $100.00. "(2) Outside city limits -- $100.00. 2010 -2011 WATER RATE ORDINANCE 070820108 —136— Page 13 of 16 " d The tem ora water service customer shall a the a licable water service rates in Section 55 -50. " e = if the customer re nest relocation of the tem ora meter. the customer shall a a $75.00 meter movement fee. "(0 If a customer moves a temporary water service meter, the customer shall pay a 1 25.00 meter tam • erin • char • e • Ius the costs of an broken • arts includin • chains locks, and seals. "Secs. 55- 57-- 55 -59. Reserved." SECTION 4. Article Vill of Chapter 55, Code of Ordinances is amended by revising Section 55 -113 and adding a new section 55 -115 to read as follows: "ARTICLE VIII. WATER SERVICE OUTSIDE CITY * "Sec. 55 -113. City council approval. "fa) Each contract for water service outside the city limits which includes a new water connection must receive approval by the city council before the contract for such service can become effective. "(b) The city manager or his designated representative is hereby authorized to execute water service contracts meeting all of the requirements contained herein-in this article when no additional service connection is involved or the contract is for temporary water service for a period of not more than one year or for consumption of less than 10 acre feet of water during the entire contract term. "Secs. 55 -115. Temporary water service. "(a) The City Manager or designee is authorized to execute a temporary water service contract for treated or untreated water to customers within the City's certificate of convenience and necessity service area that are outside the city limits or along the portions of the Nueces River system that are subject to the City's water rights. The temporary water service contract must follow the form of contract attached to Ordinance No. [insert number of this ordinance], on file in the city secretary's office, any modifications of standard contract to be approved by the City Manager and City Attorney. "(b) Temporary water service customers must post a deposit to cover the costs that the City will incur for a replacement meter. The temporary water service customer must pay the applicable water service rates and application fee in Sections 55 -50 and 55 -56. 2010 -2011 WATER RATE ORDINANCE 07052010B —137— Page 14 of 16 "Secs. 55- 116 - -55 -119. Reserved." SECTION 5. Section 55- 70(9), Code of Ordinances is revised to read as follows: "Sec. 55 -70. Adoption of rules, regulations and water and gas fees. 'The rules and regulations concerning the control, operation and administration of utility taps or service connections of water, gas and sewer utilities owned by the city and the regulations prescribing fees for utility taps or service connections are hereby adopted and approved as follows: "(9) Fee schedule, water: "(a) Inside city limits: Size Street Fee Easement Fee 5/8 inch x 3/4 inch $ 520.73 $- 1322.73 $ 561.00 $ 469.00 171.65 183.00 3/4 inch 534.73 '116.73 217.30 576.00 484.00 1 inch 67944 591.14 734.00 641.00 Over 1 inch Special* Special* Loops *, minimum 212.00 242.00 236.00 236.00 Meter moves *, minimum 58.00 58.00 *Denotes costs to be specified by the director of water utilities based on circumstances. "(b) Fees inside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. Size Fee 5/8 inch x 3/4 inch $-460,66 $ 169.00 3/4 inch 171.65 183.00 1 inch 217.30 228.00 2010 -2011 WATER RATE ORDINANCE 070820108 —138— Page 15 of 16 "(c) Outside city limits: Size r Street Fee Easement Fee 5/8 inch x 3/4 inch $- 3 $ 561.73 -22 $ 169.00 $ 763.00 $ 598.00 174.65 t 3/4 inch 740:73 57-6,7-3 0 782.00 614.00 1 inch 968.14 769.14 1023.00 819.00 Over 1 inch Special* Special* Special* Loops *, minimum 352:40 36240 354.00 354.00 Meter moves *, minimum 86.00 86.00 *Denotes cost to be specified by the director of water utilities based on circumstances. "(d) Fees outside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. Size Fee 5/8 inch x 3/4 inch $ -460.65 $ 169.00 3/4 inch 174.65 t 183.00 1 inch 0 228.00 SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 2010 -2011 WATER RATE ORDINANCE 07082010B —139— Page 16 of 16 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2010, ATTEST: Armando Chapa City Secretary APPROVED: 8T" day of July, 2010: R. Jay ' ei g Firs • ss tant Ci ttorney For City Attor 2010.2011 WATER RATE ORDINANCE 070820108 Joe Adame Mayor —140— Page 1 of 4 ORDINANCE AMENDING ARTICLE III, CHAPTER 12, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING THE SUNRISE BEACH RECREATION SITE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Article III of Chapter 12, Code of Ordinances, is amended by adding a new Section 12 -108, to read as follows: Chapter 12 BOATS, BAYS AND WATERWAYS Article ill. Miscellaneous Regulations on Lake Corpus Christi and Other Bodies of Water Discharging Into Nueces River Sec. 12-108. Sunrise Beach Recreation Site. (a) The Director of Water Operations, or designee, is authorized to prepare and sign standard user or rental agreements for the rental of camp sites, recreational vehicle parking spaces, and other facilities and equipment at the City's Sunrise Beach Recreation Site on Lake Corpus Christi. All rental agreements must be signed by the Director or the Director's designee under the following conditions: {1} The form of every rental agreement must be approved by the City Attorney, or designee, but the City Attorney, or designee, is not required to sign the approval on each document executed under this section. (2) All blanks must be filled in and the information required by the standard form document must be provided. (3) Verbal arrangements to rent are not recognized under any circumstances. (4) This section, the standard form documents for the rental agreements, and rules for the operation of the Sunrise Beach Recreation Site constitute the whole agreement between the parties and may not be altered unless done so in writing signed by authorized representative of both parties. and approved by the City Attorney, or designee, (5) All rental agreements must provide that parties contracting for the use of City's facilities or other property hold the city harmless from any and all liability for any claim or claims as a result of use of the premises, equipment, or other 2010 -2011 SUNRISE BEACH FEE ORDINANCE 07082010 —141— Page 2 of 4 property and must indemnify the city in case of any claims resulting from their operations, use, or occurring as a result of their occupancy of the premises or use of property and all agreements shall specifically include such provisions. (6) Rental agreements may not be assigned without the prior written authorization of the Director. (b) The Director of Water Operations shall apply any deposit against any amounts owed to the City of Corpus Christi for use of the property or facilities, and the Director may refuse to enter into any rental agreement until any and all amounts due the City by any applicant or organization, or by any organization, which the applicant has represented, have been paid in full. (c) The Director, or designee, may enter rented facilities for the purpose of ensuring that parties comply with the provisions of this section, the rules, or the applicable rental agreement. (d) The Director shall publish rules governing the operation of the City's Sunrise Beach Recreation Site, which may include, but are not limited to, the length of stay; deposits required; late fees, service charges, and application fees; maintenance and repair of camp sites, recreational vehicle parking spaces, and other facilities and equipment; disposal of solid waste; use of City provided utility services; use of City provided common facilities; hours of operation of facilities; and standards of conduct. The rules must be approved by the City Attorney, or designee. (e) The Director shall charge the following applicable fees for use of the facilities at the Sunrise Beach Recreation Site: FACILITY FEE Daily Use Automobile (1 or two passengers) $8.00 Additional passengers 3.00 Children (6 and under) Free Use of Boat Ramp ? ? ?.00 Overnight Primitive Tent Camping (no electricity or water) Automobile or RV (1 or two occupants) $25.00 Additional occupants 3.00 Children (6 and underl Free 2010 -2011 SUNRISE BEACH FEE ORDINANCE 07082010 —142— Page 3 of 4 Overnight Camping (electricity and water provided) RV (1 or two occupants1 $30.00 Additional occupants 3.00 Children (6 and under) Free Overnight Camping (full hook -up — electricity, water, and sewer provided, RV (1 or two occupants) $35.00 Additional occupants 3.00 Children(6 and under] Free Extended Stay RV sites (full hook -up — electricity, water, and sewer) Weekly site 150.00 Monthly site 400.00 Extended Stay Stationary Mobile Home or RV sites (partial hook- 400.00 up — water and sewer / electricity individually metered 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. 2010 -2011 SUNRISE BEACH FEE ORDINANCE 07082010 —143— Page 4 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2010. ATTEST: Armando Chapa City Secretary APPROVED: 8TH day of July, 2010: R. J lning Fi st ssistant City Attorney For City Attorney 2010 -2011 SUNRISE BEACH FEE ORDINANCE 07082010 Joe Adame Mayor —144— Page 1 of 8 ORDINANCE AMENDING SECTIONS 55-61 AND 55 -63, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING GAS RATES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 55-61, Code of Ordinances is revised to read as follows: "Sec. 55-61. Classification of customers and schedules of rates. "(a) Residential customers. "(1) Inside city limits: "a. Winter rates (from November Cycle 11 through April Cycle 10). Rate per MCF Monthly Consumption Meter Charge First 1 MCF (minimum bile Next 2 MCF Next 3 MCF Next 4 MCF Next 20 MCF Next 20 MCF All over 50 MCF August 1, 2010-July 31, 2011 $ 1.00 9.47 5.30 3.06 2.98 2.89 2.47 2.05 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. "b. Summer rates (from April Cycle 11 through November Cycle 10). Rate per MCF Monthly Consumption Meter Charge First 1 MCF (Minimum Bill) Next 2 MCF 2010 -2011 GAS RATE ORDINANCE 07082010A -145- August-1-r 2009-Ally -311-2-040 August 1, 2010 -July 31, 2011 $ 1.00 9.47 5.30 Next 3 MCF Next 4 MCF Page 2 of 8 3.06 Next 20 MCF Next 20 MCF 2.30 1.54 All over 50 MCF 1.50 1.37 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable. "(2) Outside city limits: "a. Winter rates (from November Cycle 11 through April Cycle 10). Rate per MCF Monthly Consumption Meter Charge August -17-2009--4uIY-3-1T-204-0 August 1, 2010 -duly 31, 2011 First 1 MCF (minimum bill) Next 2 MCF Next 3 MCF Next 4 MCF $ 1.25 11.68 5.94 3.43 Next 20 MCF Next 20 MCF 3.34 3.24 All over 50 MCF 2.77 2.30 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. "b. Summer rates (from April Cycle 11 through November Cycle 10). Rate per MCF Monthly Consumption Meter Charge August 1, 2010 --July 31, 2011 First 1 MCF (minimum bill) Next 2 MCF Next 3 MCF Next 4 MCF $ 1.25 11.68 5.94 3.43 Next 20 MCF Next 20 MCF 2.58 1.72 1.68 2010 -2011 GAS RATE ORDINANCE 07082010A —146-- Page 3 of 8 All over 50 MCF 1.53 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. "(b) General rate customers (commercial, industrial, and institutional rates): "(1) Inside city limits: Note: Rates do not include purchased gas adjustment and sales tax, where applicable. "(2) Outside city limits: Rate per MCF Monthly Consumption , August 1, 2010 --July 31, 2011 Meter Charge $ 12.02 First 1 MCF (minimum bill) 9.69 Next 2 MCF 5.30 Next 3 MCF 4.95 Next 4 MCF 4.86 Next 40 MCF 4.76 Next 50 MCF 2.05 Next 100 MCF 1.71 Next 100 MCF 1.50 Next 700 MCF 1.43 Next 1,000 MCF 1.24 Next 13,000 MCF 1.11 All over 15,000 MCF 1.06 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. "(2) Outside city limits: 2010 -2011 GAS RATE ORDINANCE 07082010A —147— Rate per MCF Monthly Consumption , August 1, 2010 --July 31, 2011 Meter Charge $ 15.02 First 1 MCF (minimum bill) 11.95 Next 2 MCF 5.94 Next 3 MCF 5.54 Next 4 MCF 5.44 Next 40 MCF 5.33 2010 -2011 GAS RATE ORDINANCE 07082010A —147— Next 50 MCF Next 100 MCF Next 100 MCF Next 700 MCF Next 1,000 MCF Page 4 of 8 2.30 1.92 1.68 1.60 Next 13,000 MCF 1.39 All over 15,000 MCF 1.24 1.19 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable. "(c) Seasonal customers (partial year service) rates. (AD customers who have requested a cutoff and re- connection at the same location or for services to the same premises, including increases or reductions of the same premises, and which cutoff was not necessitated by reason of reconstruction of the building on the premises, shall be classified as seasonal customers, and in lieu of the rates applicable to residential customers, shall be charged and collected the following charge for gas furnished and delivered to the meters by the gas department of the city): "(1) Inside city limits: Monthly Consumption Meter Charge Rate per MCF August 1, 2010 --July 31, 2011 First 1 MCF (minimum bill) Next 2 MCF Next 3 MCF Next 4 MCF $ 1.00 1 5.71 14.19 10.46 Next 30 MCF Next 20 MCF 6.74 2.89 All over 50 MCF 2.47 2.05 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. "(2) Outside city limits: Monthly Consumption Meter Charge Rate per MCF Ati9ust 474000-6110-341-20-1-0 August 1, 2090 --July 31, 2011 $ 1.25 2010 -2011 GAS RATE ORDINANCE 01082010A —148— First 1 MCF (minimum bill) Next 2 MCF Next 3 MCF Next 4 MCF Page 5 of 8 18.87 15.89 11.72 Next 20 MCF Next 20 MCF 7.55 3.24 All over 50 MCF 2.77 2.30 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable. "(d) Incentive air cooling and conditioning rate customers rates. (Limited to customers using less than fifteen thousand (15,000) MCF per month annual average. All general rate customers that have installed total energy or have gas operated air cooling and air conditioning equipment, or both, and have an average used in MCF per month in the seven (7) summer months that exceeds the five (5) winter months in average use, when inspected and approved by the gas department, who request in writing to be billed in the summer months on the summer incentive gas rate schedule starting with Cycle 11 in April and ending with the billing Cycle 10 in November shall be billed on the following rate schedule): "(1) inside city limits: Monthly Consumption Meter Charge First 1 MCF (minimum bill) Next 2 MCF Next 3 MCF Next 4 MCF Next 40 MCF Next 150 MCF Next 100 MCF Next 700 MCF Next 1,000 MCF Next 13,000 MCF Al! over 15,000 MCF Rate per MCF August 1, 2010 -duly 31, 2011 $ 12.02 9.59 5.30 4.95 4.29 3.62 1.54 1.43 1.24 1.11 1.06 1.01 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable. 2010 -2011 GAS RATE ORDINANCE 07082010A —149— Page 6 of 8 "(2) Outside city limits: Monthly Consumption Meter Charge Rate per MCF August 1, 2010 --July 31', 2011 First 1 MCF (minimum bill) Next 2 MCF Next 3 MCF Next 4 MCF $ 15.02 11.95 5.94 5.54 Next 40 MCF 4.80 Next 150 MCF Next 100 MCF Next 700 MCF 4.05 1.72 1.60 Next 1,000 MCF 1.39 Next 13,000 MCF 1.24 All over 15,000 MCF 1.19 1.13 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable. "(e) Purchased gas adjustment. The rates in subsections (a), (b), (c), and (d) of this section are subject to gas cost adjustments as follows: Rates will be adjusted monthly by the city following the receipt of notice of the cost of gas from the supplier to pass on to the consumer the full amount of such cost adjusted for pressure base and gas loss and unaccounted -for factors. Additional fees and charges paid to the supplier, which are necessary for the city to receive the gas, shall be included in the cost of gas. All general rate customers, who consume over fifteen thousand (15,000) MCF in one (1) month, and who receive gas from the city's distribution system at the same pressure base at which the city receives the gas from its supplier (14.65 psi), shall be billed 2.05 per cent Tess per MCF for purchased gas adjustment than the general customer rate schedule. "(f) Interruptions, Deliveries of gas to commercial or industrial customers may be interrupted or curtailed in case of shortage, or threatened shortage, of gas supply from any cause whatsoever, to conserve gas for residential and other human need customers served hereunder, according to all mandatory orders of governmental agencies having jurisdiction. 2010 -2011 GAS RATE ORDINANCE 07082010A —150— Page 7 of 8 Section 2. Section 55-63, Code of Ordinances is revised to read as follows: "Sec. 55 -63. Charges for lighting, etc., of natural gas appliances. "(a) Customers at a residential, apartment, or mobile home address shall be charged a service fee for lighting, adjusting, or turning off one (1) or more natural gas appliances, or the conversion of burner orifices to burn natural gas. The service fee includes service to all gas appliances at the address for which service is requested. The-Unless otherwise noted, the service fees are as follows: (1) Twenty -five dollars ($25.00) for each appliance service order ' - - - - between April 1 and October 31, .. "(2)and forty Forty dollars ($40.00) for each appliance service order between November 1 and March 31. "13) Twenty -five dollars ($25.00) for each service order associated with as lamp light ups, adiustments, and turn offs. "(4) Twenty dollars ($20.00) per hour for maintenance or repairs to gas lamps. "(b) All other customers shall be charged twenty -five dollars ($25.00) for each appliance lighted, adjusted, or turned off between April 1 and October 31 and forty dollars ($40.00) for each appliance lighted, adjusted, or turned off between November 1 and March 31. "(c) Maintenance of appliances is not included in the lighting and adjusting of any gas appliance except for gaslight mantles and glasses, which will be billed to the customer requesting service at a retail price over and above the charge set forth above. "(d) However, in the event the head of a household is sixty -five (65) years of age or above, or the recipient of Social Security disability payments and resides at a residential, apartment, or mobile home address, then no charge shall be made by the city for the first service call made within any calendar year. Proof of eligibility for the exemptions shall be provided in a form to be prescribed by the director, gas operations." SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 2010 -2011 GAS RATE ORDINANCE 07082010A —151— Page 8 of 8 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney _ Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2010. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED: el day of July, 2010: R. Ja "ei g Fi As ' tant City Attorney For City Attorney 2010 -2011 GAS RATE ORDINANCE 07082010A —152— Page 1 of 2 ORDINANCE AMENDING SECTION 35- 147(d), CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING PIPELINE REPORTING FEES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 35- 147(d), Code of Ordinances, is revised to read as follows: "Sec. 35 -147. Pipeline information reporting requirements. "(d) An annual fee in the amount of one hundred twenty dollars ($100.00) ($125.00) for administrative costs shall be remitted by each operator or owner for each pipeline on or before March 31 of each year with the annual safety report letters required in section 35 -147 paragraph (c). No single owner or operator shall be required to pay more than one thousand dollars ($1,000.00) in administrative costs for the first year of this reporting requirement, which report shall be due March 31, 1994." * 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. 2010 -2011 PIPELINE REPORTING FEE ORDINANCE 07082010 —153— Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2010. ATTEST: Armando Chapa City Secretary APPROVED: 8TH day of July, 2010: R.J ing First A istant City Attorney For City Attorney Joe Adame Mayor 2010 -2011 PIPELINE REPORTING FEE ORDINANCE 07082010 —154— Page 1 of 4 ORDINANCE AMENDING SECTIONS 55 -100, 55 -102, AND 55 -148, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING WASTEWATER RATES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 55- 100(a), Code of Ordinances, is revised to read as follows: "Sec. 55 -100. Schedule. "(a) The monthly charge to be paid by users of sewer service furnished by the city's municipal sewer system, except as otherwise provided in articles VII and XI of chapter 55, shall be based on the amount of water used by the user according to the following rates: Classification August 1, 2009 ily 31 August 1,20'10 to July 31, 2011 Inside city limits $-1-978 One- family minimum monthly charge (first $ 20.76 2,000 gallons) Inside city limits 4.02 One- family per 1,000 gallons over 2,000 4.20 Inside city limits 02.46 One - family maximum monthly charge (up to 25,000 gallons) 117.36 - Outside city limits 24.81 One - family minimum monthly charge (first 25.95 2,000 gallons) Outside city limits g;4 One- family per 1,000 gallons over 2,000 $ $5 Outside city limits 194.81 One- family maximum monthly charge (up to 25,000 gallons) 229.50 2010 -2011 WASTEWATER RATE ORDINANCE 07082010 -155- Page 2 of 4 inside city limits Commercial minimum monthly charge (first 2,000 gallons) 2948 32'12 Inside city limits Commercial per 1,000 gallons over 2,000 3.41 Outside city limits 3640 Commercial minimum monthly charge (first 40'15 2,000 gallons) Outside city limits Commercial per 1,000 gallons over 2,000 5'83 SECTION 2. Section 55 -102, Code of Ordinances, is revised to read as follows: "Sec. 55 -102. Method of establishing charges for customers using unreclaimed steam, etc. "(a) Those establishments that, due to using water in their product, for unreclaimed steam, or for other purposes where such water does not find its way to the sewer system, may, at their own expense, install a separate meter within their system to effectively measure the volume of such water so as to pay sewer charges only on that which is deposited in the sewer. "This meter may meter either the water system using the sewer or the remaining quantity, as long as the two (2) systems are kept separate and apart and the utilities office is notified of the type of water metered. The city reserves the right to inspect such systems as a portion of the water service connections, as set out in sections 55 -20 through 55 -32. Failure to provide such sewer meter will be taken as agreement to pay the sewer charge on all water metered to the customer." SECTION 3. Section 55- 148(a)(8), Code of Ordinances, is revised to read as follows: "Sec. 55 -148. Fees. "(a) Abnormal wastewater surcharge. * * "(8) The values for X, Y, and Z used in subdivision (6) of this subsection to determine the abnormal wastewater surcharge are: 2010 -2011 WASTEWATER RATE ORDINANCE 07082010 —156— Value X (unit charge in dollars per pound of COD) Y (unit charge in dollars per pound of BOD) Z (unit charge in dollars per pound of TSS) Page 3 of 4 August 47-2009-40-44131-4174040 August 1, 2410 to July 31 2011 $0.0000 04-369 0.3696 G724-1-9 0.2654 SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 5. 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. 2010-2011 WASTEWATER RATE ORDINANCE 07082010 —157— Page4of4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2010. ATTEST: Armando Chapa City Secretary APPROVED: 8TH day of July, 2010: R. J . . fining Fi st A= sistant Cit Attorney For City Attorney Joe Adame Mayor 2010 -2011 WASTEWATER RATE ORDINANCE 07082010 —158— Page 1 of 6 ORDINANCE AMENDING SECTION 18- 1(b)(12) CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING FIRE CODE FEES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 18- 1(b)(12), Code of Ordinances, is amended by revising the Fire Prevention Permit Fee Schedule to read as follows: "Sec. 18 -1. Fire prevention code. "(b) Additions, deletions, and changes are made to the International Fire Code, 2003 Edition, and correlated to the appropriate paragraph numbers in the [International Fire Code] as follows: "(12) Sections 105.8 -- 105.10 are added to read as follows: "105.8 Fee Schedule. Applications for permits shall be accompanied by the payment of fees in accordance with the Corpus Christi Fire Prevention Permit Fee Schedule, as follows: Corpus Christi Fire Department Fire Prevention Permit Fee Schedule Fire /Arson reports Permit Fee Fee After Hours Inspection Surcharge Airports, heliports and helistops Assembly, A 1 or A2 $-489 $ 0.10 per page 50.00 per hour 3 hour minimum surcharge 100.00 annually Automatic sprinklers, standpipes, and fire lines (testing) 100.00 annually 100.00 per visit 2010.2011 FIRE CODE FEE ORDINANCE 07082010A —159— Page 2 of 6 Churches (one time fee - -no day care facility on premises) 4740 100.00 Combustible fibers (storage and handling) 100.00 annually Commercial Vent -a -Hood cleaning 50.00 annually Compressed gas 100.00 annually Cryogenic fluids 100.00 annually Day care facilities (or similar short-term occupancies) M$0 75.00 annually Demolition w/ explosives 250.00 per event Dry cleaning plants 100.00 annually Explosives, blasting agents and ammunition storage 150.00 annually Extinguishing systems f 60.00 100.00 per inspection Fire alarm systems 75.00 per floor Fire alarm systems (required 15,000 square foot zones) 75.00 per zone Fireworks display (aerial) 250.00 per display Fireworks display (non - aerial) 150.00 per display Flammable and combustible liquids 100.00 annually 2010 -2011 FIRE CODE FEE ORDINANCE 07082010A —160— Flammable finishes Page 3 of 6 Foster homes and group homes 100.00 annually Fumigation and thermal insecticide fogging Hazardous chemicals High piled combustible stock 69:90 75.00 annually High rise life safety system (testing before issuance of C. of 0.) Hospitals and nursing homes (per bed) Liquified natural gas Liquified petroleum gas Lumber storage Mechanical refrigeration Open burning Organic coatings 2010 -2011 FIRE CODE FEE ORDINANCE 07082010A —161— 350.00 annually 100.00 annually 100.00 annually 200.00 per test 250.00 per facility plus 1.20 per bed 100.00 annually 100.00 annually 100.00 annually 604)0- 100.00 annually X000 300.00 per day 100.00 annually Plans review Pressure test (fuel storage tanks and/or product lines) Repair garages Restaurants (facilities that accommodate 100 or less occupants) Restaurants (facilities that accommodate more than 100 occupants) Special Events Permits Exhibits /Shows Flame Effects Page 4 of 6 150.00 per review 100.00 per visit 100.00 annually 7-5,G0� 100.00 annually 100.00 annually 100.00 Visual inspection 150.00 Special handling fee (less than 24- hours' notice) 50.00 Tank vehicles for flammable and combustible liquids Tents and air supported structures Tire rebuilding plant 1 00.00 per inspection 100.00 annually 75.00 annually Underground /aboveground fuel tanks (installation and removal) Wrecking yard, junkyard or waste handling 100.00 annually 100.00 per inspection 100.00 annually "105.9 Applications and fees required for failure to pass inspections. if a site does not meet the standards for issuance of a permit after the first inspection tiers, the applicant must submit a new 2010 -2011 FIRE CODE FEE ORDINANCE 07082010A —1 6 2— Page 5 of 6 application and pay a permit fee before any subsequent inspections will be conducted. "105.10 Burning permits. Burning permits will not be issued unless both fire prevention and environmental control division approve the material to be burned." * 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 1 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. 2010.2011 FIRE CODE FEE ORDINANCE 07082010A —163— Page 6 of 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of 2010. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED: 8TH day of July, 2010: R. .y Reining F st A • istant City Attorney For City Attorney 2010 -2011 FIRE CODE FEE ORDINANCE 07082010A —164— AN ORDINANCE CREATING NEW SECTION 19-105, CHAPTER 19, OF THE CODE OF ORDINANCES REGARDING REINSPECTIQN OF FROZEN DESSERT MACHINES AND RELATED FEE; AMENDING THE FOLLOWING PROVISIONS OF CHAPTER 23, CODE OF ORDINANCES: SECTION 23 -18, ENTITLED "SCHEDULE OF FEES FOR CLINICAL HEALTH SERVICES AND POLICIES RELATED TO THE IMPOSITION AND COLLECTION OF SUCH FEES," TO REVISE EXISTING FEES AND APPLICABLE PROVISIONS; AND SECTION 23 -19, ENTITLED "FEE FOR LABORATORY TESTING OF WATER SAMPLES, TO REVISE THE TITLE AND ESTABLISH NEW FEES FOR VECTOR SERVICES; CREATING NEW SECTION 23 -24, ENTITLED "RENTAL AND USE OF FACILITIES," REGARDING RENTAL OF THE AUDITORIUM, EQUIPMENT, AND FEES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A new section 19 -105, of Chapter 19 of the Code of Ordinances, entitled "Fee for reinspection of frozen dessert machines," is created, to read as follows: "Sec. 19- 105— i5-�1,- Reserved. Fee for re- inspection of frozen dessert machines. "A fee of $50 will be charged for each re- inspection of a frozen dessert machine, including a soft serve ice cream machine. "Sec. 19-106-19-111. Reserved. SECTION 2. Section 23 -18, Chapter 23, of the Code of Ordinances, entitled "Schedule of fees for clinical health services and policies related to the imposition and collection of such fees," is amended to read as follows: "Sec. 23 -18. Schedule of fees for clinical health services and policies related to the imposition and collection of such fees. "(a) Unless otherwise provided in this section, a fee will be charged to each patient for each visit to any city - county public health clinic facility funded in whole or in part by the city. The fees must be based upon federal poverty income guidelines and must be in the following amounts: "Schedule of Fees for Clinical Health Services "TABLE INSET: Poverty income {per cent} Family Size ChargeNisit Maximum Charge/ Family 0 - -99 1-8 $ 0.00 $ 0.00 100 -199 1-8 5.00 10.00 200-299 1 - -8 10.00 30.00 300 + 1 - -8 30.00 No maximum "(b) The fee fora visit to the sexually transmitted disease clinic for an exam, lab work, or treatment is fifteen dollars ($15.00). The fee fora blood test at the sexually transmitted disease clinic is ten dollars ($10.00). "(c) No recipient or client eligible for Medicaid shall be charged a fee in addition to the amount reimbursable by Medicaid. "(d) No recipient or client eligible for Title XX family planning services shall be charged a fee. (The maximum income limit for Title XX family planning services is one hundred fifty (150) per cent of the federal poverty income level.) "(e) Each city- county public health clinic will determine if a person is able to pay in accordance with the appropriate schedule; however, the clinic will not deny services because of a person's inability to pay. "(f) Patients or clients whose incomes are above the-two hundred (200) per cent plus poverty level will be referred to the private sector for care unless extenuating circumstances exist. Such circumstances include the provision of immunization services, prevention and control of communicable diseases, unusually high medical expense or the unavailability of specific services that are needed. Persons qualifying for such exceptions may receive care at the city- county public health slthis clinics in accordance with the schedule of fees. "(g) A city - county public health clinic may not charge a fee which exceeds the reasonable cost to the clinic of providing service under the applicable clinical program or if prohibited by federal funding requirements. EFiord304 page 2 of 6 —166— " {h} The city - county public health clinic shall make a reasonable effort to collect the fees, but the clinic may waive collection if the administrative cost of collection will exceed the fee to be collected. "(i) The city - county public health department may modify, suspend, or terminate services to a person, determined able to pay, for nonpayment of fees after notice to the person and opportunity for a hearing. The criteria upon which the city- county public health department will take such action is when the person fraudulently or deliberately misrepresents a material fact about his or her eligibility, ability to pay, or the application of the schedule of fees to him/her. The city- county public health department will conduct such a hearing in accordance with the fe I fair hearing procedures specified in motions ' 21 -through 1 .a4 f title 25, Texas Administrative Code." SECTION 3. Section 23 -19, entitled "Fee for laboratory testing of water samples," is amended by revising the title and expanding the section to include and establish fees for vector services, to read as follows: "Sec. 23 -19. Fee for vector services and laboratory testing of water samples. "The director of public health is authorized to establish a schedule of fees to be charged for vector services and for laboratory testing of water samples. This-sslle These schedules must be submitted to the city manager for approval and must be reviewed on an annual basis. The fees may not be increased annually by more than twenty -five (25) per cent- New fee° iiay R be nor may new fees be created without city council's approval by motion or resolution. The approved sehedule schedules must be filed with the city secretary and copies must be provided to the city council." SECTION 4. A new section 23 -24, entitled "Rental and use of facilities" in Chapter 23, is added to the Code of Ordinances, to read as follows: "Sec. 23-24--23-29,11eseFved,Rental and use of facilities. "(a) The director is empowered to prepare and sign rental and use agreements for the rental of the auditorium and equipment at the health department facility. All rental and use agreements shall be signed by the director or the city manager's designee under the following conditions: (1) The form of every instrument used for a particular purpose shall be approved by the city attorney, provided, however, that this does not require the signatory approval of the city attorney on each document executed pursuant to this section; and "(2) All blanks are filled and information is provided as required by the document. EHord304 Page 3 of 6 —167— u(P) Verbal arrangements to rent and use any facilities will not be recognized under any circumstances and this article. An executed rental and use agreement shall constitute the entire agreement between the parties and may not be altered unless done so in writing and signed by authorized representatives of both parties. lc) All agreements shall provide that parties contracting for the rental and use of the auditorium and equipment shall hold the City harmless from any and all liability for any claim or claims as a result of use and rental of the premises, equipment, or other property, and shall provide for the indemnification of the City in case of any claims resulting from the renter's operations or use or occurring as a result of their occupancy of the Premises and use of the property. All agreements shall specifically include such provisions. " (d) The director shall apply any deposit against any amounts owed to the City for the rental and use of the facilities /equipment, and the director may refuse to enter into any agreement until any and all amounts due the City by any person or organization for the planned rental have been paid in full. "(e) The director, or the director's representative or designee, may enter rented facilities at any time for the purpose of ensuring that parties comply with the provisions of this article and the applicable rental and use agreement. "(f) The director shall prepare a schedule of rental rates for the use of the auditorium and fees for City -owned eauipment that is available for rent. Facility rates shall bear a reasonable relation to current rates charged for the rental and use of similar commercial facilities so as to neither be excessive nor grossly deficient by comparison. Fees for the rental of City - owned eauipment shall bear a reasonable relation to cost and depreciation of such equipment to allow the City to recover the acquisition, maintenance, and replacement costs of such equipment as necessary. Unless specifically stated in an agreement, the use of City -owned equipment is not included in the rental of the auditorium. The schedule shall be submitted to the City Manager for approval and shall be reviewed on an annual basis, provided, however, no such rate or fee may increase annually by more than twenty -five (25) per cent nor shall new rates or fees be created without the City Council's approval by motion or resolution. The approved schedule shall be filed with the City Secretary and copies provided to the City Council. Specific rates, however, may be adjusted at any time, and the director shall have the authority to negotiate special rates for special situations. "Sec. 23- 25- 23 -29. Reserved." SECTION 5. The initial Vector Services fee schedule and the initial Health Facilities rental and use fee schedule are incorporated in this ordinance by reference and are attached to this document as Exhibits A and B, respectively. EHord304 Page 4 of 6 —168– SECTION 6. The provisions of this ordinance are effective on and after August 1, 2010. SECTION 7. A violation of any provision of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in this ordinance and in Sections 1 -6 and 1 -6.1 of the Code of Ordinances of the City of Corpus Christi. SECTION 8. if, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word, and provision of this ordinance be given full force and effect for its purpose. SECTION 9. Publication of this ordinance is to be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. EHord3O4 Page 5 of B —169— The foregoing ordinance was read for the first time and passed to its second reading on the day of , 2010, by the following votes: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick The foregoing ordinance was read for the second time and passed on its final reading on the day of , 2010, by the following votes: 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 , 2010. ATTEST: Armando Chapa City Secretary APPROVED as to form: July 8, 2010 Elizabeth R. Hundley Assistant City Attorney for the City Attorney Joe Adame Mayor EHord304 Page 6 of 6 —170— Exhibit A VECTOR SERVICE FEES DESCRIPTION FY 10-11 $ 50 per Visit $ 50 per Treatment $ 50 per Removal Vector Control Services A. Rodent Pest Control B. Residential Customers: Mosquito Treatment Bee Removal To be effective on and after August 1, 2010 Exhibit B HEALTH FACILITIES - RENTAL AND USE FEES DESCRIPTION FY 10 -11 Auditorium Rental $ 300.00 per event $ 150.00 per month Meeting space Exercise 8 days per month or 2 days per week To be effective on and after August 1, 2010 AN ORDINANCE AMENDING VARIOUS PROVISIONS OF CHAPTER 21 OF THE CODE OF ORDINANCES, ENTITLED "GARBAGE, TRASH AND OTHER REFUSE" TO REVISE EXISTING FEES, ADD NEW DEFINITIONS AND LANGUAGE, AND ESTABLISH NEW FEES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Sections of Chapter 21, Code of Ordinances, entitled "Garbage, Trash and Other Refuse," are amended by revising existing fees, adding new definitions and language, and establishing new fees, to read as follows: Sec. 21 -1. Definitions. As used in this chapter, the following terms shall mean: Act: The Solid Waste Disposal Act, as amended, 42 U.S.C. 6901 et seq. Bulky items: The following large items that have been specifically authorized for collection of specified days under section [21 -14] of this chapter: indoor and outdoor fumiture, mattresses and box springs, carpet, swing sets, plastic swimming pools, large toys, bicycles, fish aquariums, and large household appliances. Can account: A commercial or residential account who sets out its solid waste in conventional refuse receptacles of one hundred - gallon or less capacity for collection by a permitted solid waste hauler. CERCLA: The Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. 9601 et seq. Clean wood waste: Individual pieces of wood of the type normally sold by lumber yards and home improvement centers that is free of hardware and other large fasteners, such as hinges, hurricane straps, latches, etc., and is not attached to concrete, wallboard, roofing materials, or other construction materials. Collection services: The service of collecting solid waste and transporting it to a point of final disposition. Construction /demolition materials: Waste resulting from construction or demolition projects, including brick, concrete, concrete rubble, gypsum board, lumber, sheetrock, roofing materials, fixtures (such as bath tubs, shower stalls, sinks, and toilets), and remodeling debris (such as cabinets, ceramic tile, Formica, and similar items). Conventional refuse receptacle: A conventional refuse receptacle is a container constructed of some substantial leak -proof material (galvanized metal, aluminum, plastic, or rubberized vinyl), of the type commonly sold in retail establishments, with a tight - fitting lid or cover with handles sufficiently strong to be safely handled by a collector. Current utility bill: A current utility bill is a bill issued by the city's utility business office that includes a charge for curbside collection of garbage, which was issued within sixty (60) days of the date on which a service is sought. Customer: A person who receives collection services from the department Solid Waste Operations Department. Debris: Large waste materials, such as construction /demolition materials, ashes, roofing materials, dirt, automobile frames, tires, or other bulky heavy materials. Department: The solid waste sewises operations department of the city. Director. The Director of Solid Waste uses Operations of the City of Corpus Christi, or a designated representative of the director. Disposal services: The service of disposing of solid waste at a municipal solid waste landfill site or other point of disposal. Dumpster :: A container, which holds more than one (1) cubic yard, used to store solid waste until it is collected for disposal. The term also includes roll -on /roll -off containers that are used to transport solid waste on vehicle chassis. E waste: Electronic-type waste, such as surplus, obsolete, or broken electronic and electrical devices including, but not limited to, radios, vacuum cleaners, small household appliances, television sets. microwave ovens, computer hard drives and monitors. Garbage: Putrescible animal or vegetable matter, such as waste material and refuse usually associated with the preparation of food from kitchens, residences, grocery stores, butcher shops, restaurants, cafes, hotels, rooming houses, and boardinghouses, but does not include sewage, body waste, or industrial byproducts. Generator: Generator means the person that creates a solid waste. For the purposes of this chapter, a construction or repair contractor or landscape or tree service is considered to be the generator of any solid waste that is produced by the contractor or service or results from the contractors or service's work on the premises of a customer. A business or commercial establishment is considered the generator of any packaging materials on products delivered to a customer, which are retumed to the business or commercial establishment that made the delivery. Graffiti: Graffiti is defined in section 33 -101 of the Code of Ordinances. Hazardous waste: Hazardous waste means solid waste identified and listed as a hazardous waste by the Administrator of the United States Environmental Protection Agency under the Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. 6901, et seq.). Heavy brush: Tree and shrub limbs and trimmings, which are greater than three (3) inches in diameter, tree trunks, root balls, and other large plant matter. Household appliance: General household appliance that will not fit into a refuse receptacle including: Non -metal appliance, such as a television set, stereo system, video cassette recorder (VCR), microwave oven, and other similar item constructed primarily of plastic or other non - metallic parts, EHord305 _ 1 7 4— Page 2 of i6 Metal appliance, such as a stove, cooking range, oven, dishwasher, washing machine, clothes dryer, refrigerator, window air conditioning unit, water heater, lawn mower or edger, and other similar items constructed primarily of metal parts. Household waste: Garbage, rubbish, yard waste, debris, and limited construction /demolition materials commonly generated by a residential household, which can be placed within a conventional refuse receptacle that weighs less than fifty (50) pounds. Litter Any rubbish, paper, napkins, straws, cups or containers made of paper, plastic, Styrofoam (or other similar material), bottles, glass, candy or gum wrappers, remnants of food, cans, or remnants or parts thereof, or any material of an unsanitary nature. Medical waste: Waste generated by health -care related facilities and associated health- care activities, including veterinary services, but not including garbage or rubbish generated from offices, kitchens, or other non - health -care activities. Permitted solid waste hauler: A permitted solid waste hauler for hire or permitted solid waste self hauler. Permitted solid waste hauler for hire: Any person that collects, transports, or disposes of solid waste of another person who has a solid waste hauler permit issued under Article VIII of the chapter. Permitted solid waste self hauler: Any person, business, commercial establishment, or industrial facility, other than a residential customer, that collects, transports, or disposes of solid waste generated by the person, business, commercial establishment, or industrial facility, who has a solid waste hauler permit issued under Article VIII of the chapter. Rear door pick -up: Collection service where solid waste is picked up in a location other than the designated standard collection point. t Recyclable: A waste material, which has been designated by the director for inclusion in the city's recycling program, that has a useful physical or chemical property after serving its original purpose that may be reused, sold as a commodity, or converted into another product. Recycling bin or cart: A container issued by Solid Waste Operations and utilized for the placement and collection of recyclable materials. Refuse: A mixture of garbage, rubbish, and other waste that are normally placed in a receptacle for collection and disposal, but does not include yard waste, heavy brush, debris, or construction/demolition materials. Roll- onlroll -off container: A bulk container that holds more than one (1) cubic yard used to collect and store solid waste that transported on a vehicle chassis for disposal. Rubbish: Non- decayable solid waste, excluding ashes, that consist of combustible materials, such as paper, rags, cartons, wood, rubber, plastics, and similar materials, and noncombustible matter, such as glass, crockery, metal cans, and similar materials that do not burn at ordinary incinerator temperatures. Single- stream recycling (also known as `fully commingled': a system in which all paper fibers and containers and other waste items, such as plastics and Glass are mixed together in a EHord305 —175— Page 3 of 15 collection truck instead of bein sorted into se orate commodities news a er cardboard etc, and handled separately throughout the collection process. Solid waste: Garbage, rubbish, yard waste, heavy brush, debris, and construction/demolition materials. TCEQ: Texas Commission on Environmental Quality, formerly known as the Texas Natural Resource Conservation Commission (TNRCC). Tipping fee rate: The rate charged to a commercial vehicle disposing of solid waste at a city disposal site. Trash: A single item of rubbish, not otherwise defined as debris or construction/demolition material, but including a small household appliance that will not fit into a conventional refuse receptacle. Yard waste: Grass clippings, weeds, leaves, mulch, small trees and shrub limbs, which are less than three (3) inches in diameter and less than five (5) feet in length, and other similar plant matter. Sec. 21-4. Mulch sales. (a) The director of Solid Waste Operations shall sell mulch from the city's brush and yard waste grinding program based on the following fee schedule: Up to 10 tons, per ton ... $ 1-0.00 20.00 Over 10 tons, per ton ... 900 $ 18.00 (b) The director of Solid Waste Operations shall allow residential customers to load for themselves, at no charge, small quantities of mulch, up to one pickup truck Toad. Sec. 21 -5. Proper disposal required. Any person who collects, transports, or disposes of any solid waste generated within the city or who transports any solid waste within the city shall dispose of the solid waste at a facility that is authorized by the TNRCC TCEQ to accept the type of solid waste that the person has collected or transported. * * * Sec. 21 -10. Collection services available, unless properly refused. (a) The collection services of the Solid Waste Services Operations Department shall be available to every residence, business, or commercial establishment or other occupied premises within the City of Corpus Christi. Collection services are provided only for waste generated at the premises for which the required fees are paid. EHord345 —1 7 6— Page 4 of 16 (c) Any owner, occupant, tenant or lessee of a business or commercial establishment or residential properties containing more than two (2) family dwellings and, beginning August 1, 2010, residential properties containing more than eight- family dwellings, regardless of the number of water or gas meters on site, and, who does not desire the collection services of the department provided for in this article shall not receive the services and shall not be charged for such services upon notification of the city's utility business office that: (1) The person does not want the services rendered to the premises; (2) The person intends to and will remove the accumulated solid waste at the premises; (3) The person will keep the premises in such condition that the person will not violate the applicable provisions of this Code and other ordinances; (4) The person will not, after such notice, use directly or indirectly the collection services of the department. (d) * * * (e) For purposes of this section, all residential premises containing eight - family dwellings or Tess required by this ordinance to subscribe to city collection. services which were legally served by a private collection service January *0, 1O89, as of August 1, 2010, are exempt from the requirement to subscribe to collection services of the Department until such time as the private collection service contract ceases for the particular property served. (f) Nothing contained in this section prohibits the department from serving such premises at the request of the residents. (g) All residential properties exempted by this section shall subscribe to collection services of the department upon the termination of the private collection service. (h) * * * Sec. 21 -11. Recycling program. (a) The recycling program of the Solid Waste Se v ces Operations Department collects recyclables from Wiily residences and commercial accounts that receive collection services from the department. (b) (c) Recyclables shall be placed in a recycling bin or cart available from the s deft Solid Waste Operations Department or other conventional refuse receptacle that is clearly identified with the recycling symbol provided by the department. Containers with recyclables to be collected shall be separated from other solid wast which are set out for collection; and from any fixed object that impedes collection by the department by at least five (5) feet. EHord305 _ 1 7 7— Page 5 of 16 e Rec din bins and carts ma not be laced on the street avement in the utter in a drains a ditch or on a sidewalk exce t the director ma allow rec din bins and carts to be placed in roadside drainage ditches when there is no practical alternative. However, the person who places any recycling bin or cart in a roadside drainage ditch may be liable for any flooding damage caused by the refuse receptacles. (f) Recycling bins and carts shall be set out for collection before 7:30 a.m. on the designated collection day. but may not be set out prior to 5:00 a.m. on the designated collection day. (q) Recycling bins and carts set out for collection must be removed from the collection location not later than midnight on the designated collection day. Sec. 21 -13. Heavy brush and clean wood waste collection. (a) * * * * * * (e) Heavy brush and clean wood waste may be set out only on days designated for set out for that address. (1) Notice of the sections of the city that are allowed to set out heavy brush and clean wood waste is published weekly in a paper of general distribution within the city. Information is also available by telephoning the Solid Waste Services Operations Department. (2) It is a defense to prosecution for violation of this section that the heavy brush and clean wood waste was set out on an unauthorized day if the heavy blush and clean wood waste was set out after the authorized set out period, but before the next heavy brush/clean wood waste pickup at that address. The property owner or occupant has the burden of proving the date the heavy brush and clean wood waste was set out and the date of the next heavy brush/clean wood waste pickup. * * * Sec. 21 -14. Bulky items. (a) * * * * * * (e) Bulky items may be set out only on days designated for set out for that address. (1) Notice of the sections of the city that are allowed to set out bulky items will be published in a paper of general distribution within the city. Information is also available by telephoning the Solid Waste wises Operations Department. (2) It is a defense to prosecution for violation of this section that the bulky items were set out on an unauthorized day if the bulky items was set out after the authorized set out period, but before the next bulky items pickup at that address. The property owner or EHord305 Page 6 of 16 —178— occupant has the burden of proving the date the bulky items was set out and the date of the next bulky items pickup. * * * (n) * * * Sec. 21-15. Brick, broken concrete, ashes, dirt, etc., not included. (a) The Solid Waste Se+:vises Operations Department will not collect accumulations of brick, broken concrete, plaster, sand, gravel, ashes, tires, roofing materials, dirt, automobile frames, lumber (other than clean wood waste generated by a residential customer) resulting from either residential or commercial construction or demolition, or any other bulky heavy material. (b) The owner or person controlling an accumulation of brick, broken concrete, plaster, sand, gravel, ashes, roofing materials, dirt, automobile frames, lumber resulting from either residential or commercial construction or demolition, or any other bulky heavy material shall collect and store the solid waste in commercial waste receptacles, such as a dumpster, demolition box, or metal roll -off container, er-and dispose of the solid waste within one week of the time the waste is generated at the owner's or person's expense. Sec. 21 -16. Hazardous waste and medical waste not included. (a)--The Solid Waste Sep/lees Operations Department will not collect hazardous waste or medical waste. * Sec. 21 -18. Tires set out for collection. (a) Ties ■nay not A total of up to four tires may be set out for collection on the designated collection day for bulky items. (b) If any tires in excess of the four allowed under this section are set out for collection, in addition to any fine that may be assessed for a violation of this article, the director shall assess a surcharge, as described in section 21- 40(a)(13) for each tire in excess of four set out for collection that is picked up, which will be applied to the customer's next monthly utility bill. Sec. 21 -19. Limitation on filling receptacles. (a) * * * * * * (e) All waste placed in a garbage receptacle must be contained within a paper or plastic bap. Sec. 21 -21. Draining refuse; decomposable matter to be wrapped. EHord3O5 Page 7 of 16 —179- (b) Garbage and other matter, which is subject to decomposition, must be wrapped in paper or other suitable material and placed in a paper or plastic bag that will contain the products of decomposition before being placed in a garbage receptacle. (c) * * Sec. 21 -22. When and where solid waste is to be placed for collection -- generally. (a) * (b) If the house, building or premises from which solid waste is to be collected is adjacent to an alley, the collection of solid waste shall be from the alley unless the alley has not been constructed to support solid waste collections, as determined by the Director. (c) If thece is no pe bhc lleye the director determines that it is not practicable to collect and remove the solid waste from an alley, or other special circumstances exist, the solid waste will be collected in the front of the premises, on the right -of -way other than the street pavement. in the gutter, in a drainage ditch, or on a sidewalk, unless the director shall designate an area or areas for collection of such solid waste. (d) Refuse receptacles may not be placed on the street pavement, in the gutter, or-in a drainage ditch, or on a sidewalk, Except except the director may allow refuse receptacles to be placed in roadside drainage ditches when there is no practical alternative. However, the person who places any refuse receptacles in a roadside drainage ditch may be liable for any flooding damage caused by the refuse receptacles. (e) Solid waste shall be set out for collection before 7:30 a.m. on the designated collection day, but may not be set out prior to 5:00 a.m. on the designated collection day, unless set out in a closed container with a lid that is latched or otherwise secured to the container, so the lid will not open if the container is tipped on its side. Refuse receptacles set out for collection must be removed from the designated collection location not later than midnight on the designated collection day. (f) Not more than five (5) two (2) containers may be set out for collection by a residential customer. (1) There is no limit on the number of containers of used gift wrapping and boxes that may be set out on the first collection day for a residential customer after GI ist:as the following select holidays: Thanksgiving Day, Christmas Day, and New Year's Day. (2) There is no limit on the number of containers or boxes that may set out on the first collection day of a new residential customer. (3) The director may grant waivers to the rules in this subsection to allow residential customers to set out more than five (5) two (2) containers on an occasional basis. Sec. 21 -23. Trash that cannot be placed in a receptacle. EHord3O5 —180— Page 8 of 16 414 j Except on routes serviced by automated equipment, which are regulated by section 21- 27, yard waste that is set out for collection with regular household waste; Kish -ie not -in bag 21 12(c). must be contained in a paper or plastic bag and fit into the refuse receptacle in such a manner that the lid of the receptacle remains closed. conten4e, Sec. 21 -27. Collection services on routes with automated collection equipment. Notwithstanding any other provision of this chapter, at residences and businesses that are on collection routes serviced by automated equipment: (1) All refuse must be enclosed in a paper or plastic bag and placed inside the provided container. (2) Any refuse placed outside the container will not be collected with the trash in the container. (3) Any refuse that will not fit in a container may only be set out for collection on a day designated for setting out waste under section 21- 13(b). (4) If any refuse that will not fit in a container is set out for collection on a day not authorized for setting out waste, in addition to any fine that may be assessed for a violation of this ordinance, the director shall assess the surcharge for each pile of debris, as described in section 21- 40(a)(11), for each pile of trash set out for collection that is picked up. The surcharge shall be applied to the customer's next monthly utility bill. ,(5) All refuse receptacles set out for collection must be removed from the designated collection location not later than midnight on the designated collection day. EHord305 Page 9 of 16 -181- Sec. 21 -30. Disposal services -- Available. (a) The disposal services of the Solid Waste Services Operations Department are deemed available to every premises occupied for residential use within the City of Corpus Christi, and the customer shall pay the charges therefor. (b) * * * Sec. 21 -32. Same—Disposal of brick, broken concrete, ashes, dirt, etc. (a) The routine disposal services of the Solid Waste Operations Department do not include brick, broken concrete, plaster, sand, gravel, ashes, roofing materials, dirt, automobile frames, lumber or similar material resulting from either residential or commercial construction or demolition, or any other bulky heavy material. (b) * * Sec. 21-40. Charges—For collection services within the City of Corpus Christi. (a) The following charges apply to the collection of solid waste from department Solid Waste Operations Department customers located within the limits of the City of Corpus Christi. In addition to the charges listed below, each customer is liable for any applicable federal /state surcharges or fees specified in section 2'1 -20 and state and city taxes. The charges for collection services are: TABLE INSET: EHord345 —182— Page 10 0116 Y'x: +:'-'N:•= �'_'%;F _ .k _ - y.. . r`i:� �;_ � it y�:�-',. ;,. - - „�P.._.,_ - ........2 � ".�.," . "._..._. � - :• -- - _- =�_ "." �_._: "__.�" i1.- ,. -�.a- -�.. ':ri�i .,s Per Month or Fraction Thereof Collection (1) One- family dwelling $15.91 16.91 (2) Two - family dwelling on one (1) water and/or gas meter $3-1 33.82 -.82 (3) Two- family dwelling to eight - family dwelling on separate $15.91 16.91 each per unit water and/or gas meters (4) Apartment $15.91 16.91 per unit (5) One - family dwelling and single apartment on one (1) water and/or gas meter $31.82 33.$2 (6) Apartment house, travel trailer park, or manufactured home park on one (1) water and/or gas meter $15.91 16.91 per unit EHord345 —182— Page 10 0116 (7) Apartment house, travel trailer park, or manufactured home park - -Each apartment, travel trailer pad, or manufactured home site on separate water and/or gas meter $15.91 16.91 per unit (8) Additional charge for rear door pickup on any type above $11.86 per unit (9) Additional loads of heavy brush or bulky item at time of scheduled heavy brush or bulky item collection $64-A4 75.00 per load (10) Surcharge for bulky item pickup $$ 12.00 per item (11) Special non - scheduled heavy brush, clean wood, waste, debris, or bulky items pickup, including pickup of heavy brush and debris set out more than two (2) weeks prior to the scheduled pickup of brush or debris that is a traffic, safety, or health hazard Actual cost not to exceed $200.00 per load (12) Recycling containers: Each solid waste services customer account will pay a fee for recycling containers that will be refunded upon termination of the account and return of the recycling containers $ 6.00 per container (13) Surcharge for tires set out for collection on a non - designated $ 5.00 per tire collection day (14) Garbage cart delivery fee -- assessed for every second and additional residential cart delivered and for every third and $10.00 per cart $ 240 10.00 per additional commercial cart delivered per account Monthly collection fee on second and additional residential and commercial carts cart X15} Recycling Incentive Program – collection of bins and carts $0.68 per month (16) Recycling education – surcharge $0.25 per month X17} Recycling cart— assessed per cart $1.00 per month (b) Except as provided in section 21-41, any residence, apartment, or other premises that does not receive collection services from the department under the provisions of section 21 -10 of this chapter; will not be charged collection or disposal fees. (c) * ** (d) A business and commercial institutions establishment and any other occupied premises located within the City of Corpus Christi, except a residence covered by subsections (a) and (b) of this section, shall be charged for collection services by the department at a rate determined by the director based on the following: (1) * * EHord305 * —183— Page 11 of 16 (2) The director may not set a rate below t iffy- onecie,llarc and eighty -two rants ($31.82) thirty -three dollars and eighty -two cents ($33.82) a month (the minimum rate), plus any applicable state disposal fees and state and city taxes. (e) Any business or commercial establishment or any other occupied premises located withing the city and desiring collection of recvclables shall be charged the recycling service fees outlined in subsections (a)(15) -(17) of this section. Sec. 21-41. Charges—For disposal services. (a) * * * * (d) Before disposing of any solid waste, a person who does not have billing account with solid the Solid Waste Operations Department shall make a deposit based upon the estimated size of the load as determined by the landfill superintendent, or an employee designated by the superintendent. The minimum deposit will be the commercial charge for one (1) ton of solid waste. (e) The following fee schedule applies to each load of solid waste deposited at a disposal site operated by the department: (1) Residential customers. TABLE INSET: A Corpus Christi residential customer for trash, yard waste, heavy brush, bulky items, large household appliances, and clean wood waste, but no construction/demolition materials. (The director shall determine what form of identification is required to prove that the individual is a resident of the city.) No charge B Corpus Christi residential customer for construction/demolition materials r No charge ffiefith C Corpus Christi residential customer during community clean up events approved by the director No charge D Non- Corpus Christi resident, who is covered by a special agreement between the City of Corpus Christi and another agency for solid waste disposal, hauling individual's household waste in personally owned, non - commercial vehicle. (The director shall determine what form of identification is required to prove that the individual is a beneficiary of the special agreement.) As specified in the special agreement E Any other individual hauling the individual's own household waste in personally owned, non - commercial vehicle Commercial tipping fee rate per load, plus special fees for appliances and tires EHord3O5 —184— Page 12ofS6 (2) Commercial vehicles (tipping rate). TABLE INSET: A Solid waste by weight $36.86 per ton* 13 Loose load of solid waste, not weighed $ 9.99 per cubic yard* C Compacted load of solid waste, not weighed $13.21 per cubic yard* D Construction and demolition debris, not weighed $13.21 per cubic yard E Heavy brush and yard waste, not weighed $13.21 per cubic yard F Commercial vehicle transporting household waste for a residential customer when accompanied by the residential customer. (The residential customer must be the driver or a passenger in the commercial vehicle or arrive in a separate vehicle at the landfill with the residential customer's waste.) No charge *Includes state disposal fee, statelfederal mandated surcharges as provided by section 21-42. (3) Special fees. TABLE INSET: A Clean, uncontaminated dirt that is suitable for landfill use (as determined by landfill superintendent or designee of the superintendent) No charge 13 Clean wood waste, heavy brush, or rubble suitable for recycling, including crushed concrete, asphalt, bricks, etc. $ 9.57 per ton C Large household appliances, such as stoves, washing machines, clothes dryers, dishwashers, refrigerators, or other similar items, except large household appliances transported in a non - commercial vehicle by a residential customer who resides within the city $ 2-9 10.00 each D Tires Automobile $ 5 1.75 Truck or large trailer tires (16 - -19 ") $ 2.25 2.75 EHord365 —1 8 5— Page 13 of 16 * Sec. 21-44. Bills for services; when charges payable. (a) The utilities billing office shall include on their monthly bills mailed to persons that receive collection and disposal services from the &oIid waste °°^ "sec dopartmeRt Solid Waste Operations Department all applicable charges for services rendered to the premises of that person. * ** * * * Sec. 21 -72. Illegal disposal of solid waste prohibited. (a) * * * (b) A person, or the person's agent or employee, may not dispose or allow or permit the disposal of any solid waste at a place within the city or within five thousand (5,000) feet of the city's boundary, including on or within three hundred (300) feat of a public road, right -of -way, any portion of the municipal separate storm water sewer system, park, or coastal waters, including tributaries to the coastal waters, except at the following locations: (1) * * * (2) A private solid waste disposal facility permitted by the T-NRCG TCEQ. (3) * * * EHord305 —186— Page 14 of 16 Tractor tires (< or = 20 ") $ 3.25 175 Larger than 20" Not accepted Cut into quarters or more Tipping fee rate E Vehicles with loads not adequately secured so as to prevent any of the contents of the transported load from being ejected or dropped during transport of the load $ 3-9O 10,00 F Use of scales $25.25 G Any solid waste that requires special preparation, handling, or cover As determined by the director * Sec. 21-44. Bills for services; when charges payable. (a) The utilities billing office shall include on their monthly bills mailed to persons that receive collection and disposal services from the &oIid waste °°^ "sec dopartmeRt Solid Waste Operations Department all applicable charges for services rendered to the premises of that person. * ** * * * Sec. 21 -72. Illegal disposal of solid waste prohibited. (a) * * * (b) A person, or the person's agent or employee, may not dispose or allow or permit the disposal of any solid waste at a place within the city or within five thousand (5,000) feet of the city's boundary, including on or within three hundred (300) feat of a public road, right -of -way, any portion of the municipal separate storm water sewer system, park, or coastal waters, including tributaries to the coastal waters, except at the following locations: (1) * * * (2) A private solid waste disposal facility permitted by the T-NRCG TCEQ. (3) * * * EHord305 —186— Page 14 of 16 (4) At a place designated for the collection of solid waste by section 21 -22, but only when the solid waste is placed by a customer for collection by the Solid Waste Operations Department or a private collection contractor. * * * (6) * * * (c) * * * Sec. 21 -73. Director of solid waste sentices operations authorized to enter premises. (a) * (b) * * * * * SECTION 2. With the exception of new service fees related to recycling shown in Section 21- 40(a)(15) -(17) of Section 1 of this ordinance, the provisions of this ordinance are effective on and after August 1, 2010. The new recycling service fees listed in Section 21- 40(a)(15) -(17) of Section 1 of this ordinance are effective on and after January 1, 2011, subject to City Council approval and implementation of a single- stream recycling process prior to January 1, 2011. SECTION 3. A violation of any provision of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in this ordinance and in Sections 1 -6 and 1 -6.1 of the Code of Ordinances of the City of Corpus Christi. SECTION 4. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word, and provision of this ordinance be given full force and effect for its purpose. SECTION 5. Publication of this ordinance is to be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. EHord3O5 —187— Page 15 of 16 The foregoing ordinance was read for the first time and passed to its second reading on the day of , 2010, by the following votes: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick The foregoing ordinance was read for the second time and passed on its final reading on the day of , 2010, by the following votes: 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 , 2010. ATTEST: Armando Chapa City Secretary APPROVED as to form: July 8, 2010 Eliz- h R. Hundley Assi ant City Attorney for the City Attorney EHord305 Joe Adame Mayor —188— Page 16 of 16 1 ORDINANCE AMENDING CODE OF ORDINANCES CHAPTER 17 TO ESTABLISH FEES FOR PUBLIC INFORMATION OFFICE: $25 CCTV COMMUNITY EVENT BULLETIN BOARD SLIDE FEE, AND $751HOUR FEE FOR VIDEO PRODUCTION SERVICES, AND INCLUDE COUNCIL CHAMBERS AUDIO VIDEO SERVICES AFTER BUSINESS HOURS FEE OF $50/HOUR; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR SEVERANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 17, Finance and Taxation, is amended by adding new Section 17- to read as follows: "Sec. 17 -22. Public Information Office Fee Schedule. "(a) Administrative fee for CCTV Community Event Bulletin Board Slides: $25.00 per slide per month. "(b) Video Production Services for small area cities or counties: $75.00 per hour, subject to available resources of the Public Information Office. The Director of Public Information Office is authorized to negotiate higher hourly rates based on complexity of services requested. "(c) Council Chambers Audio Video Services after normal business hours, as approved by Resolution 028524: $50.00 per hour." 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 August 1, 2010. H:1LEG- DIR \Lisa12010 ordinancelPublic Information Office Fees.doc —189— That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, 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 , 2010. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: By: Lisa Agu't�, Assistant City Attorney for the City Attorney fir, AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2 REGARDING $5.00 LOST LIBRARY ITEM PROCESSING FEE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Code of Ordinances, Chapter 2, Administration, Article IV, Division 3, Library Board, Section 2 -79 Fees, is amended to add new fee for processing lost items, and read as follows: "Sec. 2-79. Fees. (a) Overdue fees: (1) Each library item, per day: $0.25 (2) Maximum overdue fee: Actual replacement cost or original cost of item, whichever is greater (b) Collection fee: $10.00 Any account of twenty -five dollars ($25.00) or more that is unpaid for sixty (60) days or more, and is referred for collection to a private vendor, shall be assessed a ten - dollar ( 10.00) collection fee. (c) Photocopy fee, per page: $0.15 (d) Lost Library Item Processing fee: $5.00 per lost library item, in addition to payment of list price for replacement of the lost item. The $5.00 lost library item processing fee will be refunded if the item is found and returned to the library." 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. The effective date of this ordinance is August 1, 2010. ft\LEG- DIR \Lisa12010 OrdinancelLibrary.doc —191— That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, 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 , 2010. ATTEST: Armando Chapa City Secretary APPROVED as to form: -1, :J--r • By: 6,e,frx4 ,-. Lisa Aguil , Assistant City Attorney for the City Attorney Joe Adame Mayor AN ORDINANCE AMENDING SECTION 3 ' /z -2, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, RELATING TO THE FEES CHARGED FOR ALARM SYSTEMS; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 3 V2-2 is revised to read as follows: See. 3 1/2 -2. Permit required; fees. "(a) The Corpus Christi Police Department will not respond to any alarm notification from an alarm site that does not have a valid permit, unless the alarm notification was a duress alarm, a hold -up alarm, a panic alarm,, or reported to a 9 -1 -1 emergency telephone number by a person other than an alarm company. "(b) A person commits an offense if the person operates, or causes or allows to be operated, an alarm system on premises under the person's control or ownership or at its alarm site without a valid alarm permit issued by the Corpus Christi Police Department. The Corpus Christi Police Department and Corpus Christi police officers are authorized to enforce this provision, and to issue citations for violations. "(c) A separate permit is required for each alarm site and for each alarm unit. No exemptions shall apply except as required by federal or state law. The burden of proof shall be with the person asserting the exemption. "(d) The annual, nonrefundable fee for an alarm permit is twenty thirty -five dollars ($25 -00 $35.00) for residential and fifty sixty dollars (530:00 $60.00) for commercial. "(e) A permit is valid for one (1) year from the date of its issuance and may be renewed every year upon submission of a renewal invoice. It is the responsibility of the permit holder to submit a renewal invoice ten (10) days prior to the permit expiration date. "(0 All permit fees owed by an applicant must be paid before a permit may be issued or renewed. Unpaid permit fees my result in a revocation of the permit." 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 August 1, 2010. H:ILEG- DIRILisa12010 Ordinance\AMEND ALARM PERMIT FEE 20I0.doc —193— That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame Chris Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick 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 , 2010, by the following vote: Joe Adame Chris Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott PASSED AND APPROVED, this the day of , 2010. ATTEST: Armando Chapa f Joe Adame City Secretary Mayor APPROVED AS TO FORM: 7th day of July, 2010: Lisa Aguilar Assistant City Attorney For City Attorney 2 RESOLUTION AUTHORIZING ADJUSTMENT OF PARKS, RECREATION, CULTURAL, AND LEISURE TIME ACTIVITIES RENTAL AND RECREATIONAL FEES; ADDING NEW RENTAL FEES AND RECREATIONAL FEES FOR FISCAL YEAR 2010-2011; PROVIDING FOR PUBLICATION; PROVIDING FOR EFFECTIVE DATE; AND PROVIDING FOR SEVERANCE Whereas, Section 36 -3 of the Code of Ordinances requires City Council approval by motion or resolution for creation of any new rental rates, or increase of existing rental rates by more than 25 percent, for parks and recreation department facility rental; and Whereas, Section 36 -7 of the Code of Ordinances requires City Council approval by motion or resolution for creation of any new user fees, or increase of existing user fees by more than 25 percent, for parks and recreation department facility use; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the adjusted rental rates and recreational fees for the parks and recreation department use fees, as shown in Exhibit A, for Fiscal Year 2010 -11. SECTION 2. The City Council approves new parks and recreation department recreational use fees as shown in Exhibit B attached, for Fiscal Year 2010 -11. SECTION 3. This resolution is effective August 1, 2010. SECTION 4. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. SECTION 5. The City Council intends that every section, paragraph, subdivision, phrase, word and provision of this resolution shall be given full force and effect for its purpose. If any section, paragraph, subdivision, clause, phrase, word or provision of this resolution is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this resolution. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary APPROVED: June 28, 2010 40.4*; Lisa Aguilar sistant City Attorney for City Attorney Joe Adame, Mayor EXHIBIT A FEES INCREASED BY MORE THAN 25% Program Area Current Fee Proposed Fee Diff PERCENT CHANGE Athletics Adult field rentals (Runyan/Westside /Greenwood) $35.00_ $45.00 $10.00 28.6% Adult Tournament / Camp fees per day, staff rate / hr $9.00 $16.00 $7.00 77.8% Adult Tournament / Camp fees per day $75.00 $150.00 $75.00 100.0% Gym rentals - additional hour $25.00 $35.00 $10.00 40.0% Aquatics Adults 18 - 59 (all pools) $2.00 $3.00 $1.00 50.0% Annual swim pass (Adult) $260.00 $350.00 $90.00 34.6% Seasonal swim pass (Adult) $100.00 $135.00 $35.00 35.0% Seasonal swim pass (Family -min of 4 members) $200.00 $275.00 $75.00 37.5% U.S Swim Team seasonal pass (Youth) $75.00 $95.00 $20.00 26.7% Family night swim (five person family) $3.00 $5.00 $2.00 66.7% Splash Parties (Outdoor pools, 1 -50 persons) $150.00 $200.00 $50.00 33.3% Each additional 50 persons - $50 Greenwood Pool slide wristband $2.00 $3.00 $1.00 50.0% Additional Lifeguard staff (per hour) $10.00 $16.00 $6.00 60.0% Park and Facility Rentals - Special Event Fees CC Beach Pavilions (Central & North) $75.00 $25.00 50.0% _._ Watergarden $100.00 $200.00 $100.00 100.0% Artesian Park $100.00 $200.00 $100.00 100.0% CS Room rentals (Galvan courtyard, Garden, & Kitchen) $525.00 $1,000.00 $475.00 90,5% CS Room Rentals (Galvan Courtyard, 1st floor & Kitchen) $625.00 $1,000.00 $375.00 60.0% CS Room Rentals (Galvan 1st floor, Garden & Kitchen) $475.00 $800,00 $325.00 68.4% CS Room Rentals (Galvan Full Package) $800.00 $1,500.00 $700.00 87.5% CS Room Rentals additional hours $50.00 $100.00 $50.00 100.0% Change of Date fee (During Final two weeks) $50.00 $100.00 $50.00 100.0% Rehearsal Fee $50.00 $100.00 $50.00 100.0% Festival Fees: Heritage Park (non - profit) $500.00 $1,000.00 $500.00 100.0% Commerical Photographic Session (indoors) $50.00 $100.00 $50.00 100.0% Non - refundable reservation deposit (applied to rental) $150.00 $200.00 $50.00 33.3% Special Services - Permits Moonwalk Permit $10.00 $15.00 $5.00 50.0% Put up /take down street banners $15.00 $100.00 $85.00 566.7% Large special event permit (greater than 1,000 attendees) $300.00 $400.00 $100.00 33.3% Senior Center Rentals Deposit (required for all recreational facilities) $100.00 $150.00 $50.00 50.0% EXHIBIT B NEW FEES Program Area Current Fee Proposed Fee tiiff PERCENT CHANGE Aquatics HEB Pool (open Summer 2011) entry fee $0.00 $4.00 $4.00 NEW Tennis Three month pass for non -Texas residents only $0.00 $60.00 $60.00 NEW Park and Facility Rentals - Special Event Fees (restructured) CS Room Rentals (First floor of Gaivan House 4 hours) $400.00 $400.00 NEW CS Room Rentals (Meeting rooms 4 hours) $100.00 $100.00 NEW CS Room Rentals (Bridal Suite 4 hours) $100.00 $100.00 NEW CS Room Rentals (Kitchen 4 hours" $400.00 $400.00 NEW CS Room Rentals (Rose Garden 4 hours) $400.00 $400.00 NEW CS Room Rentals (Courtyard 4 hours) $600.00 $600.00 NEW CS Room Rentals (The Plaza 4 hours) $400.00 $400.00 NEW CS Room Rentals (Non - business hour rentals) $100.00 $100.00 NEW Special Services - Permits Skatepark Vendor Permit (per month) $350.00 $350.00 NEW Gulf Beach Vendor (Fixed - per month) $200.00 $200.00 NEW Gulf Beach Vendor (Mobile - per month) $50.00 $50,00 NEW CC Beach and McGee Beach (Fixed - per month) $150.00 $150.00 NEW CC Beach and McGee Beach (Mobile - per month) $50.00 $50.00 NEW Vendors for Special Events (per day) $150.00 $150,00 NEW 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 13, 2010 AGENDA ITEM: An Ordinance amending Chapter 14 "DEVELOPMENT SERVICES," Article }Dill, "DEVELOPMENT SERVICES FEES ", Division 1, 'TECHNICAL CONSTRUCTION CODE FEES ", Section 14 -1302, "STANDARDIZED BUILDING VALUATION "; Section 14 -1304, "PROCESSING AND PLAN REVIEW FEE"; Section 14- 1306, "SPECIAL FEES "; Section 14 -1307, "REDUCED FEES "; Section 14 -1312, "ACCOUNTING "; and Section 14 -1313, 'TECHNICAL CONSTRUCTION CODE FEE SCHEDULES ", of the Code of Ordinances, City of Corpus Christi, to provide for minimum permit fees, simplified methods to calculate building permit fees and plan review fees; to provide for expedited plan review by internal staff; to provide for special inspections on non- standard days and hours; to provide for fees for construction site offices, fees for both standard and duplicate certificates of occupancy, fees for temporary events, penalty fees, inspections outside of the City limits, electrical permit fees, plumbing permit fees, mechanical permit fees, fuel gas permit fees, swimming pool fees; and providing for fees for existing applications made prior to the effective date; providing for severance; providing a repealer clause; and providing an effective date. ISSUE: The proposed budget for the City's Department of Development Services 2010 -2011 fiscal year includes decreased allocations from the General Fund. To maintain current department funding and service levels, it is also necessary to increase Department revenues for 2010 -2011. The proposed ordinance amendments establish fee increases necessary to generate the additional revenues included in the proposed budget. REQUIRED COUNCIL ACTION: City Council is requested to consider for approval the First Reading of the proposed Ordinance Amendments. Juan Perales, Jr., P.E. Asst. City Manager, Engr. & Dev. Svcs. JohnnyP @cctexas.com (361 )826 -3828 Attachments: Ordinance 1 ORDINANCE AMENDING CHAPTER 14 "DEVELOPMENT SERVICES," ARTICLE XIII, "DEVELOPMENT SERVICES FEES ", DIVISION 1, "TECHNICAL CONSTRUCTION CODE FEES ", SECTION 14 -1302, "STANDARDIZED BUILDING VALUATION "; SECTION 14 -1304, "PROCESSING AND PLAN REVIEW FEE "; SECTION 14 -1306, "SPECIAL FEES "; SECTION 14 -1307, "REDUCED FEES"; SECTION 14- 1312, "ACCOUNTING "; AND SECTION 14 -1313, "TECHNICAL CONSTRUCTION CODE FEE SCHEDULES ", OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO PROVIDE FOR MINIMUM PERMIT FEES, SIMPLIFIED METHODS TO CALCULATE BUILDING PERMIT FEES AND PLAN REVIEW FEES; TO PROVIDE FOR EXPEDITED PLAN REVIEW BY INTERNAL STAFF; TO PROVIDE FOR SPECIAL INSPECTIONS ON NON- STANDARD DAYS AND HOURS; TO PROVIDE FOR FEES FOR CONSTRUCTION SITE OFFICES, FEES FOR BOTH STANDARD AND DUPLICATE CERTIFICATES OF OCCUPANCY, FEES FOR TEMPORARY EVENTS, PENALTY FEES, INSPECTIONS OUTSIDE OF THE CITY LIMITS, ELECTRICAL PERMIT FEES, PLUMBING PERMIT FEES, MECHANICAL PERMIT FEES, FUEL GAS PERMIT FEES, SWIMMING POOL FEES; AND PROVIDING FOR FEES FOR EXISTING APPLICATIONS MADE PRIOR TO THE EFFECTIVE DATE; PROVIDING FOR SEVERANCE; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. SECTION 1. Code of Ordinances, Chapter 14, Development Services, Article XIII, Development Services Fees, is amended by revising the Article to read as follows: "Division 1. Technical Construction Code Fees. Sec. 14-1301. General requirements. (a) Fees required. A fee must be paid for any installation, alteration, addition, change, or repair that requires a permit under the technical construction codes. (1) A permit may not be issued until the prescribed fees have been paid. (2) An amendment to a permit may not be released until any additional fees, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical, gas, or energy conservation systems, have been paid. (Ord. No. 25467, § 1, 9 -9 -2003) Sec. 14-1302. Standardized building valuation. (a) The standardized building valuation system to be used to compute construction permit fees will consider the total value of all construction work, including plumbing, electrical, paving, parking, driveway approach, energy conservation, fuel gas, mechanical equipment, and other systems, including appurtenances and site improvements, materials, labor, contractor's profit and overhead. (1) The valuation of building, alteration, or structure used in computing building permit fees will be based on, and at least equivalent to, the latest standardized building valuation data as published by the International Code Council Building Safety Journal, as adjusted by the latest regional construction cost adjustment factors published annually by Engineering News Record. The building official may alternatively accept a comparable valuation submitted by the applicant. The applicant's valuation shall be H:ILEG- DIR \Lisa12010 OrdinancelFee Table - legislative version7.13.20 1 0.doc —202— 2 verified against the Elimination of Architectural Barriers Report, if one is required, and the higher of the two (2) valuations shall be used. In the event the Elimination of Architectural Barriers Report valuation is not available prior to issuance of the permit, the EIimination of Architectural Barriers Report valuation shall be confirmed prior to conducting the final inspection. If additional permit fees are required, the final inspection shall not be passed until all fees are paid. If no Elimination of Architectural Barriers Report is available, the building official may refer to the latest standardized building valuation data as published by the International Code Council Building Safety Journal, as adjusted by the latest regional construction cost adjustment factors published annually by Engineering News Record. (2) The applicant for a construction permit may appeal any determination of the Building Official to the building code board of appeals. (3) Standardized building valuations required pursuant to paragraph (1) will be used as the basis for paFtia-1 permitting of a project, (4) Standardized building valuations required pursuant to paragraph (1) for pre - engineered metal building warehouses must be values derived pursuant to paragraph (1). (5) Standardized building valuations required pursuant to paragraph (1) will be derived from the latest data published by International Code Council Building Safety Journal and Engineering News Record and adjusted based on the regional multiplier published by the International Code Council. (6) The standardized building valuations referred to in paragraph (1) are adopted by reference and declared to be a part of this section. (7) If, in the opinion of the Building Official, or the Building Official's authorized representative, the valuation of a commercial building, alteration, structure, electrical, energy conservation, fuel gas, mechanical, or plumbing systems appears to be underestimated on the application, the permit may be denied, unless the applicant can show detailed estimates or appraisals that meet the approval of the Building Official. Alternatively, the Building Official may set the permit valuation pursuant to the standardized building valuation data adopted in paragraph (1), and issue the permit with a fee based on that valuation. Permit valuations must be based upon total construction cost, such as electrical, energy conservation, fuel gas, mechanical, plumbing equipment and other systems, including materials and labor, site improvements, contractor's profit and overhead. (b) When determining the value that is applied to the fee schedule, values are rounded up to the next higher one thousand dollar - valuation category. Sec. 14 -1303. Calculation of building area for residential construction. (a) Except as provided in subsection (b) of this section, building area includes all rooms and spaces within the main structure, except for attached (1) covered patios open to the environment and (2) front and rear porches open to the environment. (b) The building area for residential roofing/re- roofing includes attached garages, covered patios open to the environment, and front porches and rear open to the environment, (c) Accessory residential construction includes room additions, storage rooms, utility rooms, garages, carports, patio covers, raised decks, skate board ramps, greenhouses, portable buildings, gazebos, and other similar uses. See. 14-1304. Processing and plan review fee. (a) A processing and plan review fee must be paid in addition to the regular permit fee as in the fee schedule published in Table 13 -1. (b) The plan review fees must be paid at the time application is filed for each application processed and reviewed for the purposes of obtaining a permit as required by the technical construction codes, including except: H:1LEG- DIR \Lisa120I0 OrdinancelFee Table - legislative version7.13.2010.doc (1) (23 Additions 3 1.Permits categorized over the counter as deemed by the Building Official. An official list will be published each calendar year, () () Plan review fee is non - refundable. (e)- (d) A third party plan review or inspection may be requested by the applicant at the time the application is filed. The fee for a third party plan review or inspection requested by the applicant pays the costs of services of an approved third party consultant and the applicable overhead rate. The fee for a third party plan review requested by the applicant must be paid at the time the application is filed. The fee for a third party inspection requested by the applicant must be paid prior to the inspection. The fees for third party plan review and inspection requested by the applicant are listed in the fee schedule in section 14 -1313. Third party consultant contracts are available through the development services department. e) Expedited plan review by internal staff may be requested by the applicant at the time the application is filed. The expedited fee is payable at the time of application submittal according to the fee schedule published in Section 14 -13 I 3. Expedited Plan Review does not constitute an approval of submitted plans. Sec. 14-1305. Minimum fee. In the event the total fees, under the applicable fee are less than designated minimum fee, the minimum permit fee applies. Sec. 14 -1306. Special fees. (a) Re -out inspection. A re -out inspection fee is required for the purposes of obtaining a temporary and/or permanent electrical release. (1) A separate re -out inspection fee will not be charged when a certificate of occupancy fee has been paid. (2) If the re -out inspection is performed concurrently with the electrical permit inspection, and the electrical permit fee has been paid, a separate re -out inspection fee will not be charged. (b) Failure to obtain permit. (1) The applicable surcharge and investigation fee must be paid to help defray the additional cost of inspection for work that has already been done, before the required permit is issued. (2) The surcharge is not a penalty, and does not precludes any other remedies available to the city to enforce the technical construction codes. The collection of the surcharge and investigation fee made is to help defray the cost of additional inspections and administrative time to research and issue the required permits. (3) The surcharge and investigation fee is not required for emergency work commenced under section 14- 215(0. However, if the required permit is not obtained within twenty-four (24) hours, excepting weekends and holidays, the permit fee must be doubled or the surcharge paid, whichever is greater. H:1LEG- DIR \Lisa12010 OrdinancelFee Table - legislative version7.13.2010.doc -204- 4 (c) Re- inspection fee . When a re- inspection fee has been assessed under section 14-222(g)(1), re- inspection fee must be paid. (d) Survey fee . A survey fee will be collected for fire surveys, code compliance surveys, construction status surveys, building evaluations, repossession surveys, etc. (e) Relocation surveys . A relocation survey fee will be collected for performing relocation surveys to determine the minimum code compliance requirements for structures proposed to be relocated (moved) and placed back in operation. (f) Permit research . A permit research fee will be collected for research to provide verification of legal descriptions, property dimensions, ownerships and/or other construction related data from permit files, etc. The cost of duplication of documents will be charged as allowed under the Texas Public Information Act. (g) Inspections outside the city . Additional fees will be charged for inspections made outside the city limits. (h) Administrative fee for permit extension . When an extension of a permit is required, an administrative fee must be paid before the extension is granted. (i) Renewal of expired permit . The holder of an expired permit, who desires to reactivate the permit and has performed work under the permit, must pay the administrative fee for a permit extension and an additional re- inspection fee equal to the greater of twenty -five (25) per cent of the applicable permit fee or the minimum re- inspection fee. (j) Re- inspections . The permit holder or his agent must pay a re- inspection fee in accordance with the permit fee schedule, prior to a re- inspection. A re- inspection is required when: (1) It has been found that the portion of the construction for which an inspection was requested is not ready for the inspection. (2) Corrections that were called for have not been made. (3) The premises are not made readily available for inspection. (4) The work, construction, installation of wiring, piping, or other equipment or systems is found to be faulty or incorrectly or defectively installed. (k) Certificate of occupancy for existing buildings. When an application for a new certificate of occupancy for an existing building or space is made, a processing and compliance investigation fee must paid at the time of application. (l) Duplicate certificate of occupancy . In the event that a certificate of occupancy is lost or destroyed, a duplicate certificate of occupancy may be issued provided that a fee is paid in accordance with the permit fee schedule. 7 • - ... _y • in ipcet9Fs (n) (in) Multiple plan review fee. After the second plan review of corrections submitted in response to plan review comments, an escalating fee will be assessed for each subsequent submission up to the total amount of the plan review fee. Partial responses shall be treated as additional responses following the first partial response in resubmission. Applicant may appeal the fee to the building official or assistant city manager for development services to review and determine if comments to applicant were legible, accurate, and reasonably understandable. If the building official or assistant city manager for development services determines the comments to be faulty no fee will be assessed. Sec. 14-1307. Reduced fees. (a) Permit and survey fees for public schools, federal state, county and municipal government and other political subdivisions having ad valorem tax exempt status, and for churches and all other state constitutionally exempted ad valorem tax entities is fifty (50) per cent of the regular permit fee; if the H:1LEG- ❑IR\Lisa12010 Ordinance\Fee Table - legislative version7.13.2010.doc -205- 5 building and land on which the building is situated is owned and used by the tax exempt entity. However, a reduced permit fee may not be less than the minimum fee regularly charged. A reduced fee may not be paid when work has been commenced without proper permits. Sec. 141308. Refunds. (a) Canceled permit. A permit may be canceled upon written application by the applicant at any time within two (2) months of the date of the issuance of a building permit or within two (2) months of the date of issuance of any electrical, mechanical, or plumbing permit. If no work has been done under such permit, the permit fee may be refunded when formally requested in writing by the applicant, provided that the city must retain a cancellation fee to cover the cost of auditing the fee and preparing the request for refund. In all other instances regarding any fees for which a refund is requested due to contract default, lease cancellation, or other similar circumstances, the city must retain the minimum permit fee to cover the cost of auditing the fees and preparing the request for refund. Plan review fees are non - refundable. (b) Multiple plan review fee appeal. A refund may be requested upon written application by the applicant after an appeal has been made to the building official or assistant city manager for development services and approved by either one. (Ord. No. 25467, § 1, 9 -9 -2003; Ord. No. 027645, § 4, 4 -8 -2008) Sec. 14 -1309. Reserved. Editor's note: Ord. No. 027645, § 8, adopted Apr. 8, 2008, repealed § 14 -1309, which pertained to fees rounded off and derived from Ord. No. 25467, § 1, adopted Sept. 9, 2003. Upon calculation of the total fee for any permit, the fee must be rounded up to the nearest dollar before payment is made. Sec. 14 -1310. Fees for examinations and licenses. (a) The required examination fee for a license to qualify electricians of all classes must accompany the application for a,license. (b) Any required license fee must be paid before the issuance of a license. (c) The license fee must be paid annually. Licenses are valid for only in the calendar year in which the fee is paid. A license is not valid unless and until the license fee has been paid for the calendar year. (d) Duplicate licenses may be issued to replace a lost or destroyed license, if the license holder presents provided satisfactory evidence that the license was loss or destroyed, and the licensee pays the fee for the duplicate license. Sec. 14 -1311. Contractor registration fees. An electrical, mechanical, plumbing contractor and a lawn irrigator or backflow prevention assembly tester must pay an annual registration fee to maintain a current status as a registered contractor. Individual who holds multiple registrations must pay separate fee for each registration. Sec. 14 -1312. Accounting. (a) The building official must keep a permanent accounting of all permit fees and other monies collected, the names of all persons upon whose account the fees were paid, along with the date paid and amount of the fees. (b) A periodic financial audit of fee revenues and expenditures shall be conducted. The audit shall occur not less than once every three (3) years, . .. • - ! e : ! t .. ! ! • +. The audit shall include a report of fees that are authorized to be collected, the amount of each authorized fee H:ILEG- DIR\Lisa12010 OrdinancelFee Table - legislative version7.13.20 ] 0.doc 6 that was actually collected, and the amount of fees that should have been collected. The audit shall also provide a detailed accounting of the uses of the fees. The audit shall make any recommendations for improvements or corrections. The audit shall include a report on the amount of fees that need to be collected in order to make the development services special fund independent of subsidies from the general revenue fund, Sec. 14 -1313. Technical construction codes fee schedules. The following fee schedules apply to activities under article II of this chapter: TABLE INSET: PLAN REVIEW FEES AMOUNT OF FEE Greater of: $l 9 25or $0.021 foot review per square C'otrtmcrcial plan Greeter of: $5g.00or 37% of building -it fee for fjrst $2.400.000 perm of valuation— 25% ilia IAA review _ .. .. . - 8 %iter•% Plan Review Fees (Based as a percentage of the Building Permit Fee) Valuation $0 -1 Million 35% of the Building Permit Fee $1 Million + 40% of the Building Permit Fee Multiple plan review fee 15% of original plan review fee for third review submittal; 30% of original plan review fee for fourth review submittal; 45% of original plan review fee for fifth review submittal; 60% of original plan review fee for sixth review submittal; 75% of original plan review fee for seventh review submittal; 90% of original plan review fee for eighth review submittal; 100% of original plan review fee for ninth and above review submittals Third party plan review when requested by applicant Contract rate + 32% overhead rate Expedited Plan 1 50% of the Plan Review Rate, :\LEG- DIR\Lisa12010 OrdinancelFee Table - legislative version7.13.2010.doc -207- Review (Internal Staff) TABLE INSET: BUILDING PERMIT FEES - ($80.00 Min. Permit Fee) Commercial construction building permits $0 to $1 Million $1 ,001 to $5 Million $5.001 to $10 Million $10.001 to $20 Million $20.001 Million + .1i H:1LEG- D1R \Lisal2010 OrdinancelFee Table - legislative version7.13.2010.doc 7 AMOUNT OF FEE $-75.00 $37.80+ $6.075 per valuation ever $2:000 $197.15 t $4.05 per $1 .000 valuation over $ O.00O - $503.55- X2-5 -peg- valuation eve+ $110.000 .60% of Valuation .65% of Valuation .70% of Valuation .60% of Valuation .70% of Valuation Construction site offices Signs Sign Electrical Permit for Signs, per transformer Residential construction building permits New one- and two - family dwellings, apartments, townhouses, condominiums, Accessory buildings, Remodel. and Repair es < 300 square feet Accessory residential eonstr-uetion fey- structures›– 300 square feet Swimming Pool Roofing and Siding 2nd Driveway Residential – Other Re -out inspection to establish electrical service in a home where no service has existed in the previous 90 days <40_ 0-s.quare-feei-ef-afea- H:1LEG- DIR\Lisa12010 OrdinancelFee Table- legislative version7.13.2010.dac 0- - $80.00 $108.00 $6.75 Min Fee $80.40 $0.16 per square-ANA of ling area` 0.50° o of Valuation $75.00 TA,1-6-per square feet $52.65 80.00 $.045 sq.ft. $80.00 S75.00 $80.00 $75.00 $0.0,11 per square -feet- 9 TABLE INSET: Fees for Moving structures — Both Residential and Commercial House moving permit $467.00 Traffic engineering moving route sheet Relocation survey Survey fee Mobile home/HUD -code manufactured housing installation permit $61.00 $110.25 $35.00 per discipline - $140.00 $106.50 TABLE INSET: MISCELLANEOUS CONSTRUCTION FEES Certificate (Occupancy Certificate of occupancy for change of use of existing building or structure Duplicate certificate of occupancy Temporary events Temporary event permit w/o food service Temporary event permit w/ food service Miscellaneous Fees Permit extension Renewal of expired permit H:ILEG- DIR \Lisa12010 Ordinance\Fee Table - legislative version7.13.20 t 0.doc -210- $2-06:00- - $215.00 $0.10 per $10.00 561.80- - $80.00 $199.80 Greater of: 575.00 $80.00 or 33.75% of permit fee Greater of $75.00 $80.00 or Request for refund on canceled permit if no work done Permit research Demolition Permits Demolition permit Work commenced but not finished Work completed Micellaneeus -Fee5— Penaltf' Fees H:1LEG- DIRILisa12010 OrdinancelFee Table- legislative version7.13.2010.doc —211— 33.75% of permit fee + permit extension fee $37.80 $40.00 $15.00 per hour Greater of: $75.00or $0.02 per squaie feet $80.00 or $0.027 Ter s uare foot $10125 g1-01-72-5— $8]6.75 + $13.50 per $300:40 per premises Greater of 2X permit fees or investigative fee Greater of 2X permit fees or investigative fee 10 Investigative fee Re- inspection fee Special Inspection Fees Inspections outside City, but within ETJ Inspections outside City and ETJ Third party inspections when requested by applicant Reduced Fees Reduced fee for public schools, Federal, State, county, municipal governments and other political subdivisions with ad valorem tax status TthtfoIog3 ee- Minimum fee TABLE INSET: H:1LEG- DIR \Lisa120 ] 0 Ordinance\Fee Table- legislative version7.13.2010.doc —212— $337.50 $450.00 S 75.00: $80.00 Inspection fee + moo $80.00+ $1.83 per mile Inspection fee + $ 1.83 per mile + $73-00 $80.00 for each 200 miles Contract rate + 32% overhead rate Greater of 50% of regular permit fee or minimum fee ?.S% X wig ;t fe $75.00 - $80.00 11 12 ELECTRICAL PERMIT FEES For Stand Alone Permits Not Associated with a Building Permit -Based on Valuation FEE Residential 0.50% of Valuation Commercial $0 to $] Million .60% of Valuation $1.001 to $5 Million 65 °% ❑ of Valuation $5.001 to $10 Million 70 °% ❑ of Valuation $10.001 to $20 Million 0 �° of Valuation $20.001 Million + .70°% ❑ of Valuation 1 Air conditioner $6.75 $6.75 • - -- , _• . .. • ff • '1 $6.75 Construction loop $6.75 30:0-41-- $0.6] • -� -- • - . .:, _ ., $6.75 .. $6.75 - wateTTfGRt s - Hot tub. spa $6.75 $13.50 .. ... - - H:1LEG- DIR \Lisa12010 Grdinancel.ee Table - legislative version7.13.2010.doc 13 Re-out inspection Replacement license Technology fc\--: Minimum fee -.ABLE INS1=4 TABF E INSET. Fuel Gas Fees $13.50 $49.5-8 $30.41 $59.71 $6.75 $6.75 $75.00 $OA675per square foot of building area 4J4)6- 75-per square foot of building area $75.00 $1040-425.00 2.5 %- electrical permit fees $75.00 $80.00 AMOUNT OF FEE en n Fuel Gas Fees for Stand Alone Permits NOT Associated with a Building Permit Residential Commercial $0 to $1 Million 0.50% of Valuation .60% of Valuation 1- 1:1LEG- DIR\Lisa12010 OrdinancelFee Table- legislative version7.13.2010.doc —214— 14 $1.001 to $5 Million .65% of Valuation 1. $5.001 to $10 Million .70% of Valuation $10.001 to $20 Million .G0% of Valuation $20.001 Million + .70% of Valuation FUEL GAS FEES AMOUNT OF FEE _ .. $6.75 . -.. _ - ... : :: $6.75 Each line new distribution gas $6.75 Each line new service gas $6.75 Each line replace distribution gas $6.75 Each line replace service gas $6.75 Each opening gas $6.75 Each as clothes dryer $675 ► $6.75 c b $6.75 Each furnace gas $6.75 Each heater gas $6.75 Each-gas-hot water heater $6.75 Each -gas ool- heater $6.75 $6.75 T 9 - - .. • • • _ i►ea construction Minirnum fee 575,00 $80.00 TABLE INSET: Mechanical Permit Fees !Mechanical Permits Fees for Stand Alone Permits NOT Associated with a BuildinE Permit H:1LEG- ❑IR \Lisa12010 OrdinancelFee Table- legislative version7.13.2010.doc 15 Residential Commercial $0 to $1 Million $1.001 to $5 Million $5.001 to $10 Million $10.001 to $20 Million $20.001 Million + MECHANICAL FEES and refrigeration systems +•cfrigcration systems Mdi-tio�i-ler 33;000 BTU (1 BHP) >- 330;000 BTU (10 BHP) '5330,000 BTU (10 BHP)-- New residential c•onstett lion Temporary operation inspection Minimum fee TABLE INSET: 0.50% of Valuation .60% of Valuation .65% of Valuation .70 °!o of Valuation .60% of Valuation .70% of Valuation A111011P1TOF FEs $75.00 + $1.05 per $1.000- -in valuation $75.00 + $1.05 peF $1 n $40.50 80.067 per square 8O6 75pe,. 575.00 580.00 27-5% ' mechanical c.r 875.00 S80.00 Plumbing Code Fees H:1LEG- D1RILisa12010 Grdinanee\Fee Table- legislative version7.13.2010.doc 16 Plumbing Permits Fees for Stand Alone Permits NOT Associated with a Building Permit Residential 0.50% of Valuation Commercial $0 to $1 Million .60% of Valuation $1.001 to $5 Million .65% of Valuation $5.001 to $10 Million .70% of Valuation $10.001 to $20 Million .60% of Valuation $20.001 Million + .70% of Valuation PLUMBING CODE FED AMOUNT OF FEE construction: l;•a h -waf ,_ e •- - $6.75 - Each water distribution replace $6.75 (inside-} Each water service nc v (outside) $6.75 Each water service replace (outside) Each back flow $6.75 presenter - $61.75 . Each lavatory $6.75 'mower $6.75 Each sink $6.75 - Each slop sink $6.75 gyp— $64 -5— Each tub, bath $6.75 - Each urinal $6.75 Each water $6.75 closet Each to the $6.7S piece of equipment attached water service Each boiler 101 -boi $6.75 vatefr -lei- H:1LEG- DIR1Lisa12010 OrdinancelFee Table - legislative version7.13.2010.doc 17 Steaml e- Eacheealing -tows $20.25 €ach iwasher $6.75 $6.75 Each hot water heater $6.75 $6.75 Gas hot water heater $6.75 Each tint intefccptor $32.40 Each pool heater - $6.7 -5 Each pump $6.75 Each self contained. heating $6.75 Each sink garbage disposal unit $6.75 En $6.75 Each-venter fed ice making machine $6.75 Each water softener $6.75 1 aches -fir- $6.75 feet of lot serves ft! $6.75 systems $25.65 $20.25 Each building drain Each catch basin $5 Each connection to storm sewer $31.73 Rich floor drain $6.75 $31.73 Each hub drain $6.75 Each lift station $6.75 3— H:\LEG- DIR \Lisa12010 OrdinanceTee Table - legislative version7.13.2010.doc 18 Each roof drain Each sand trap $3L73 First tunnel $89.44 Each additional tunnel New residential construction $0.0675 per square foot of ■ ■. 14H-i-ging-afea- Technology fee Minimum Fee $75.00 $80.00 Backflow Prevention Backflow prevention device test filing fee $15.00 Minimum fee $75.00 $80.00 TABLE INSET: LICENSE FEES Classification Examination Fee License Fee House mover None $133.00 Master electrician $75.00 $135.00 Master electrician -sign $75.00 $135.00 Master electrician - elevator $75.00 $135.00 Journeyman electrician $75.00 $30.00 Maintenance electrician $35.00 $30.00 Limited journeyman electrician $75.00 $30.00 H:1LEG- DIR \Lisa12010 Ordinance\Fee Tabie- legislative version7.13.2010.doc Apprentice Certified electrical maintenance person TABLE INSET: CONTRACTOR REGISTRATION FEES Mechanical contractor Plumber Lawn irrigator Sackf low prevention assembly tester None $30.00 $25.00 None AMOUNT $135.00 $135.00 $135.00 $135.00 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. That all ordinances or parts of ordinances in conflict with this ordinance are repealed. 1 19 SECTION 5. This Ordinance takes effect August 1, 2010. H:1LEG- DIR\Lisa12010 OrdinancelFee Table - legislative version7.13.2010.doc That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, 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 , 2010. ATTEST: Armando Chapa City Secretary APPROVED as to form: By: lv)4 ,�iLisa A g r� Assstant City Attorney for the City Attorney Joe Adame Mayor 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 13, 2010 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a service agreement with Collier, Johnson, & Woods, P.C., of Corpus Christi, Texas, for $140,000 to provide professional auditing services in accordance with Request for Proposal number BI- 0139 -10. The term of the agreement will be for twelve months, with an option to extend for up to four additional twelve -month periods, subject to the approval of the contractor and the City Manager or his designee. This service will be used by the Finance Department. ISSUE: The City of Corpus Christi's Charter requires an independent annual audit. Article Il, Section 27 of the City Charter reads, in part, as follows: "The council shall provide for an independent annual audit for all city accounts and may provide for such more frequent audits as it deems necessary." FUNDING: Funding is budgeted and available in the General Fund for FY10 -11 REQUIRED COUNCIL ACTION: Approval of the motion to award the contract is required. CONCLUSION AND RECOMMENDATION: Staff recommends that City Council approve the motion as presented. Attachment A - Contract Attachment 13 — Engagement Letter Attachment C — Resumes Michae Assistant Director of Financial Services e -mail: mikeb@cctexas.com phone: (36 1) 826 -3169 —225— AGENDA BACKGROUND INFORMATION BACKGROUND In May 2010 the City issued a Request for Proposal (RFP), which was published in the Corpus Christi Caller -Times and posted on the Purchasing Division's webpage and shared with twelve potential respondents. By means of a set of specific questions, the RFP solicited responses regarding the following areas of importance: experience/history in performing auditing services for local governments, understanding of services performed, technical plan for accomplishing the project, time frame required to the complete project, project leadership, key personnel involved in the project, similar projects awarded, range of services performed, and location of office where services shall be performed. A committee comprised of the Interim Director of Financial Services, Controller, Chief Accountant, Assistant City Attorney, and a Senior Buyer reviewed and evaluated seven proposals. Each proposal was evaluated in regards to the responses to the above - enumerated areas of importance and their qualifications, project- approach and pricing. The committee determined that Collier, Johnson & Woods, P.C., represents the best overall value to the City. Collier, Johnson & Woods has performed the City's external audit for the past fourteen years. They have performed excellent work for the City in the past and are very familiar with the City's operations. References Six references were submitted by Collier, Johnson & Woods, P.C. They include: Corpus Christi Independent School District, Del Mar College, Corpus Christi Regional Transportation Authority, Port of Corpus Christi Authority, City of Ingleside, and City of Portland. Staff was able to secure references from: Port of Corpus Christi Authority, Corpus Christi Regional Transportation Authority and the City of Ingleside. All references contacted gave Collier, Johnson & Woods, P.C. excellent marks on their knowledge of the particular projects that were undertaken and performed in regards to the contract. Additionally, the resumes of Collier's team members who will be assigned to the City's audit are attached as Attachment C. CA/ CA) Ch 0 0 0 8 N a 0 w s [Il 8 8$ O 8 § fl pi 5 wNi+] e e e e e m 0❑oat C) CO xxcn) °mm" mooM a} Z9,850 N z ❑ T 0 ❑ "3 z T n a E c 3 3 e Vl b.-, e O' o m N o 4 43 a COLLIER, JOHNSON & WOODS, P.C. Carpus Christi, TX 00 ti e 15.0% 29.5% -. e 28.2% WEAVER & TIDWELL, LLP San Antonio, TX L -491511:1' 000 e - -1w• 0 0 -1 0 22.8% ERNEST R. GARZA & CO. P.C. Corpus Christi, TX CO-IN-1N ‚30 e e 0 e 0 e 4. O CLIFTON GUNDERSON LLP Austin, TX paw. e eO p 20.4% BELT HARRIS PECHACEK, LLLP Houston, TX CO e VCO O e 15.0% 27.9% GRANT THORNTON Houston, TX V W e i (71 a e i A 6 e PADGETT, STRATEMANN AND CO., LLP San Antonio, TX m ron co • m4 CA -n 73 0-v r0 O Z z G) 0 a5{0 k• mw wcp SERVICE AGREEMENT No. THIS PROFESSIONAL AUDITING SERVICES CONTRACT (this "Agreement ") is entered into by and between Collier, Johnson & Woods, P.C. (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City ") effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide PROFESSIONAL AUDITING SERVICES in response to Request for Proposal No. B1- 0139 -10, which is incorporated herein by reference; WHEREAS the City has determined Contractor to be the most advantageous proposer; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide the PROFESSIONAL AUDITING SERVICES in accordance with Request for Proposal No. BI -0139 -10, which is incorporated herein by reference. 2. Fee for Services. The City agrees to pay the Contractor those fees mutually agreed to between both parties as follows: the Contractor's charges for services during each year of this Agreement as specified in the Proposer's responses to Section 3.8 of RFP B1- 0139 -10. 3. Term. This Agreement is for one year, commencing on the date signed by the last signatory hereto. The term includes an option to extend for up to four additional one -year periods, subject to the approval of the Contractor and the City Manager or his designee ( "City Manager ".) 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Controller. 5. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and wilt furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Contractor be considered as an employee of the City. 6. Insurance. Before activities can begin under this Agreement, Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the Contract Administrator will be given at least 30 days notice, via certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. Insurance requirements are incorporated herein in Request for Proposal No. BI- 0139 -10 which is incorporated herein. Insurance requirements may be revised annq I% by the City Manager upon 30 days written notice to Contractor. 7. Assignment. No assignment of this Agreement or any right or interest therein by Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 8. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year currently ends on July 31st annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will actually be adopted; that determination is within the sole discretion of the City Council at the time of adoption of each budget. 9. Waiver. No waiver of any breach of any term or condition of this Agreement or Contractor's offer in response to Request for Proposal No. BI- 0139 -10 waives any subsequent breach of the same. 10. Compliance with Laws. This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and the venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 11. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 12. Amendments. This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. 13. Termination. The City Manager may immediately terminate this Agreement for Contractor's failure to perform the services specified in Request for Proposal No. Bt -0139- 10. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 5 work -days written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, City may terminate this Agreement, with or without cause, upon 30 days written notice to Contractor. However, City may terminate this Agreement on 24 -hours written notice to Contractor for failure to pay or provide proof of payment of taxes as set out herein. 14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Contractor must provide proof of payment of these taxes within 30 days after City Manager's written request therefore. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. —229— 15. Drug Policy. Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. The City has a zero - tolerance drug policy. 16. Violence Policy. Contractor must adopt Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. The City has a zero- tolerance violence policy. 17. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is deemed received on the day faxed or hand - delivered or on the third day after deposit, if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Controller, 4th Floor P.O. Box 9277 Corpus Christi, Texas78469 -9277 Fax No.: 361- 826 -3601 IF TO CONTRACTOR: Contractor Name: Collier, Johnson & Woods Contact Person: F. John Shepherd Address: 555 N Carancahua Suite 1000 City, State, Zip: Corpus Christi TX 78401-0839 Fax No.: 361- 884 -9422 18. Month -to -Month Extension. If, upon expiration of the original contract period or any extension thereof, the City has not completed the competitive procurement process and awarded a new Agreement for the services described herein, then Contractor shall continue to provide services under this Agreement, at its then - current fee, on a month -to -month basis, for a period of time not to exceed twelve months, until a new contract is awarded by Council. This Agreement automatically expires on the effective date of a new contract. 19. Indemnification. CONTRACTOR AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY OF CORPUS CHRISTI, AND ITS OFFICERS, EMPLOYEES, AND AGENTS ( INDEMNITEES) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE TO PROPERTY (INCLUDING PROPERTY OF INDEMNITOR OR INDEMNITEES), OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES, EXPERT WITNESS FEES, THE AMOUNT OF ANY JUDGMENT, PENALTY, OR INTEREST, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS CONTRACT OR THE PERFORMANCE OF THIS CONTRACT (INCLUDING, WITHOUT LIMITING THE FOREGOING, WORKER'S COMPENSATION AND DEATH CLAIMS) FOR INJURIES, DEATH, OR DAMAGES THA T ARE CAUSED BY, OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. INDEMNITOR SPECIFICALLY AGREES TO INDEMNIFY INDEMNITEES FROM THE NEGLIGENCE OF ITS EMPLOYEES UNLESS NEGLIGENCE IS SOLE NEGLIGENCE OF INDEMNITEES. INDEMNITOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND INDEION ES IN ALL ACTIONS BASED ON THOSE CLAIMS WITH COUNSEL SATISFACTORY TO INDEMNITEES, AND PAY ALL ATTORNEYS' FEES, COSTS AND EXPENSES OF EVERY KIND AND CHARACTER, WHATSOEVER, RESULTING FROM THE CLAIMS. 20. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. SIGNED this seventh day of July, 2010. Contractor: Collier, Johnson & Woods P.C. Sign - re Name F. John Shepherd Title: President CITY OF CORPUS CHRISTI Michael Barrera Date Assistant Director of Financial Services APPROVED THIS DAY OF (I- , 2010 CARLOS VALDEZ, CITY ATTORNEY By: OVA) Veronica Ocanas, Assistant City Attorney Incorporated by Reference: Exhibit A: Request for Proposal No. BI- 0139 -10 Exhibit B: Proposer's Proposal PROPOSED ENGAGEMENT LETTER June 7, 2010 Mr. Angel R. Escobar City Manager City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78469 -9277 Dear Mr. Escobar: We are pleased to confirm our understanding of the services we are to provide for the City of Carpus Christi (City) for the year ended July 31, 2009. We will audit the financial statements of the governmental activities, the business -type activities, the aggregate discretely presented component units, each major fund, and aggregate remaining fund information, which collectively comprise the basic financial statements, of the City of Corpus Christi as of and for the year ended July 31, 2009. Accounting standards generally accepted in the United States provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD &A), to accompany the City's basic financial statements. As part of our engagement, we will apply certain limited procedures to the City's RSI. These limited procedures will consist principally of inquiries of management regarding the methods of measurement and presentation, which management is responsible for affirming to us in its representation letter. Unless we encounter problems with the presentation of the RSI or with procedures relating to it, we will disclaim an opinion on it. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1. Management's Discussion and Analysis 2. Employment Retirement Benefits Analysis of Funding Progress Supplementary information other than RSI also accompanies the City's basic financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the basic financial statements and will provide an opinion on it in relation to the basic finnciaa stat..errn.aen..tw e: 1. Combining and individual fund statements. 2. Budgetary Comparison Schedules. 3. Capital Assets Used in Operation of Governmental Funds. 4. Schedule of Expenditures of Federal Awards. —232— ATTACHMENT B Mr. Angel R. Escobar June 7, 2010 Page 7 The document will also include introductory and statistical information that will not be subjected to the auditing procedures applied in our audit of the basic financial statements, and for which our auditor's report will disclaim an opinion. Audit Objectives The objective of our audit is the expression of an opinion as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the basic financial statements taken as a whole. The objective also includes reporting on: • Internal control related to the financial statements and compliance with the provisions of applicable laws, regulations, contracts, agreements and grants, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. • Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A -133, Audits of States, Local Governments, andNon- Profit Organizations. The reports on internal control and compliance will each include a statement that the report is intended for the information and use of the Honorable Mayor and Members of the City Council, management, federal awarding agencies and pass - through entities and is not intended to be and should not be used by anyone other than these specified parties. Our audit will be conducted in accordance with generally accepted auditing standards established by the Auditing Standards Board (United States); the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of OMB Circular A -133, and will include tests of accounting records, a determination of major program(s) in accordance with OMB Circular A -133, and other procedures we consider necessary to enable us to express such opinions and to render the required reports. If our opinions on the financial statements or the Single Audit compliance opinions are other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. Mr, Angel R. Escobar June 7, 2010 Page 8 Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. Management is also responsible for preparation of the schedule of expenditures of federal awards in accordance with the requirements of OMB Circular A -133. As part of the audit, we will assist with preparation of your financial statements, schedule of expenditures of federal awards, and related notes. You are responsible for making all management decisions and performing all management functions relating to the financial statements, schedule of expenditures of federal awards, and related notes and for accepting full responsibility for such decisions. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and the schedule of expenditures of federal awards and that you have reviewed and approved the financial statements, schedule of expenditures of federal awards, and related notes prior to their issuance and have accepted responsibility for them. Further, you are required to designate an individual with suitable • skill, knowledge, or experience to oversee any non -audit services we provide and for evaluating the adequacy and results of those services and accepting responsibility for them. Management is responsible for establishing and maintaining effective internal controls, including internal controls over compliance, and for monitoring ongoing activities, to help ensure that appropriate goals and objectives are met. You are also responsible for the selection and application of accounting principles; for the fair presentation in the financial statements of the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information of the District and the respective changes in financial position and, where applicable, cash flows in conformity with U.S. generally accepted accounting principles; and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is also responsible for making all financial records and related information available to us and for ensuring that management and financial information is reliable and properly recorded. Your responsibilities also include, including identifying significant vendor relationships in which the vendor has responsibility for program compliance and for the accuracy and completeness of that information. Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current. engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. —234— Mr. Angel R. Escobar June 7,2010 Page 9 You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud or illegal acts affecting the government involving (1 } management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. Audit Procedures — General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements, or violations of laws or governmental regulations that do not have a direct and material effect on the basic financial statements or major programs. However, we will inform you of any material errors and any fraudulent financial reporting of misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditor is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. —235— Mr. Angel R. Escobar June 7, 2010 Page 10 Our procedures will include tests of documentary, evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by conespondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Audit Procedures — Internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit pmcedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. As required by OMB Circular A -133, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A-133. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under professional standards, Government Auditing Standards, and OMB Circular A -133. Audit Procedures— Compliance As part of obtaining reasonable assurance about whether the basic financial statements are frec of material misstate-merit, we will perform tests of the City's compliance with applicable laws and regulations and the provisions of contracts and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Mr. Angel R. Escobar June 7, 2010 Page 11 OMB Circular A -133 requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of the applicable procedures described in the OMB Circular A -133 Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City's major programs. The purpose of those procedures will be to express an opinion on the City's compliance with requirements applicable to major programs in our report on compliance issued pursuant to OMB Circular A -131 Audit Administration, Fees, and Other We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any invoices selected by us for testing. At the conclusion of the engagement, we will complete the appropriate sections of and sign the Data Collection Form that summarizes our audit findings. We will provide copies of our reports tci the City; however, it is management's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and a corrective action plan) along with the Data Collection Form to the designated federal clearinghouse and, if appropriate, to pass - through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits. At the conclusion of the engagement, we will provide information to management as to where the reporting packages should be submitted and the number to submit, The audit documentation for this engagement is the property of Collier, Johnson & Woods P.C. and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to oversight or grantor agencies for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Collier, Johnson & Woods P.C. personnel. Furthermore, upon request, we may provide copies of selected audit documentation to oversight or grantor agencies. The oversight or grantor agencies may intend, or decide; to distribute the photocopies or information contained therein to others, including other governmental agencies. The workpapers for this engagement will be retained for a minimum of five years after the date the auditors' report is issued or for any additional period requested by the oversight agency for audit or pass - through entity. If we are aware that a federal awarding agency, pass - through entity, or auditee is contesting an audit finding, we will contact the parties contesting the audit finding for guidance prior to destroying the audit documentation. —237— Mr. Angel R. Escobar June 7, 2010 Page 12 F. John Shepherd is the engagement partner and, is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. Our fees for these services will be based on the actual time spent at our standard hourly rates, plus travel and other out -of- pocket costs such as report production, typing, postage, etc. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. We estimate that our fees for the engagement cover the following tasks: Financial Audit of the City Compliance Audit 105,000 35,000 TOTAL 140,000 We do not anticipate the fee to exceed $140,000 for the above services, unless unforeseen circumstances arise. Such circumstances will be discussed when, and if, encountered. Our invoices for these fees will be rendered as work progresses and will be payable within 30 days of receipt and work will cease if fees are not paid. We acknowledge that no fees for the tasks outlined above that exceed $140,000 in the aggregate are authorized by this agreement, without the prior written authorization of the Director of Financial Services. Expenses will be itemized and will be limited to reasonable and customary charges. The City is obligated to pay such fees under this agreement as may lawfully be made from funds budgeted and appropriated for that purpose during the current fiscal year. Should the City fail to budget and appropriate funds for the audit in the subsequent fiscal year this agreement shall be terminated. We appreciate the opportunity to be of service to the City of Corpus Christi and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, COLL1l R, JOHNSON & WOODS A Professional Corporation F. John Shepherd Mr. Angel R. Escobar June 7, 2010 Page 2 RESPONSE: This letter correctly sets forth the understanding of the City of Corpus Christi. Angel R. Escobar, City Manager Armando Clapa, City Secretary Date: Date: Motion No.: F. JOHN SHEPHERD Certified Public Accountant Ed-- uca lion B.B.A. Accounting, Texas A & M University, 1973 Experience John is the President and the Director of auditing at Collier, Johnson & Woods. Before joining Coll ier, Johnson & Woods in 1978, he spent five years in the Corpus Christi office of KPMG, formerly Peat, Marwick & Mitchell. He has been auditing and consulting businesses and organizations in South Texas for his entire professional career. John is currently engagement shareholder of the audits of the Corpus Christi Independent School District, the Corpus Christi Regional Transportation Authority and the Coastal Bend Council of Governments and the concurring reviewer on the audit of Nueces County Hospital District and Del Mar College. John spent several years researching and attending seminars relating to the implementation of GASB 34. He re -wrote the City's CAFR and designed the implementation worksheets for them to conform to the new reporting model. The CAFR and worksheets are still being used today. Course Governmental Audit Quality Center 2010 Update The City of Corpus Christi: How It's Run & Issues on the Horizon Fraud, IC &QC Issues Relating to Government Audits 2009 Auditing & Accounting Update for Governments 2009 Audit Update for Cities Texas Tech Governmental Auditing and Amounting Update New Standards on Quality Control Governmental Audit Quality Center 2009 Update 2008 Governmental Audit Training Governmental Financial Reports and Fund Accounting Overview Annual Update for State & Local Governments Texas Tech Governmental Auditing and Accounting Update Governmental Audit Quality Center 2008 Update 2007 Audit Update for Cities Texas Tech Governmental Auditing and Accounting Update Membership in Professional and Civic Organizations American Institute of Certified Public Accountants (AICPA) Texas Society of Certified Public Accountants (TSCPA) Corpus Christi Chapter Texas Society of Certified Public Accountants Coastal Bend Community Foundation Leadership Corpus Christi —240-- Dalt 04/27/10 01/08/10 08/26/09 08/I9/09 06/29/09 061 1 1/09 05/34/09 04/28/09 8/21 & 8/26/08 07/15/08 06/25/08 061 €2/08 04/28/08 06/25/07 06/14/07 ATTACHMENT C ID= 2 1 8 6 4 8 2 2 12 7 4 8 2 4 8 CRAIG J. MLADY Audit Manager Certified Public Accountant Education Bachelor of Arts in Business Administration with Emphasis in Accounting, California State University, Fullerton, 1981 Experience Craig joined Collier, Johnson & Woods in August 2005 as an audit manager. His primary experience is in auditing governmental entities, nonprofit organizations and numerous commercial companies. Currently, Craig is the manager of the audit staff on the audits of the Corpus Christi Independent School District, Corpus Christi Regional Transportation Authority, Del Mar College District and the Coastal Bend Council of Governments. Prior to joining Collier, Johnson & Woods, Craig's experience in public accounting has included managing audits of cities, special districts and nonprofit organizations as a member of Diehl, Evans & Company of Irvine, California from June I997 through April 2001. Governmental Continuing Professional Education Course The City of Corpus Christi: How It's Run & Issues on the Horizon Fraud, IC & QC Issues Relating to Government Audits 2009 Auditing & Accounting Update for Governments Texas Tech Governemental Accounting & Auditing Update Texas School District Accounting & Auditing Conference Internal Control Considerations in Single Audits 2008 Governmental Audit Training PPC's 2008 Audit Risk Assessment Conference Texas Tech Governemental Accounting & Auditing Update Schedule of Expenditures of Federal Awards - Reporting Improvements & Suggested Procedures Annual Yellow Book Update and Review Governmental Accounting & Auditing Update 2007 Governmental Audit Update Related to Cities Texas Tech Governemental Accounting & Auditing Update 2006 Auditing & Accounting Update for Government 2006 Government Audit Update Related to Cities Texas Tech Girvernmentai Accounting & Financial Reporting Audit Planning: Integrating Fraud Membership and Involvement in Professional and Civic Organizations American Institute of Certified Public Accountants (AICPA) Texas Society of Certified Public Accountants (TSCPA) Corpus Christi Chapter Texas Society of Certifipiublic Accountants Date 1/8/10 8/26/09 8119109 6/11/09 611 - 612/09 3/24/09 8/21 & 8/26/08 8/7-8/8/08 6/12/08 3/6/08 8/13/07 7/25/07 6/25/07 6/14/07 8/24/06 7/24/06 6i i 9-6/21/06 5/24/06 Hours 1 8 6 8 16 2 12 12 8 2 8 8 4 8 8 4 24 12 PAMELA V. DE LA PENA Audit Manager Certified Public Accountant Education Bachelors of Business Administration - Accounting, Texas A &M University, Corpus Christi, Texas 1992 Masters of Business Administration, Texas A &M University, Corpus Christi, Texas, 1999 Experience Pamela is an audit manager with twelve years experience in Public Accounting. She first joined Collier, Johnson & Woods, P.C. in August 1996 and remained until March 2005. In September 2009, she rejoined the firm. She is experienced in auditing governmental entities, including the Corpus Christi Independent School District, as well as financial institutions and employee benefit plans, She has assisted in agreed upon procedure examinations for various small banks in lieu of them retaining an internal audit function. Governmental Continuing Professional Education Course Date Hours Texas Tech Governmental Accounting & Financial Reporting 6/14 -16/10 24.0 Single Audit Series 5/20/10 9.0 Audits of Local Governments 1 1/1/09 3.0 Fraud, Internal Controls and Quality Control Issues Relating to Governments 8/25109 8.0 Membership and Involvement in Professional and Civic Organizations American Institute of Certified Public Accountants (AICPA) Texas Society of Certified Public Accountants (TSCPA) Corpus Christi Chapter Texas Society of Certified Public Accountants —242— ROY M. GONZALEZ Staff Auditor Certified Public Accountant Education Bachelors of Business Administration, Texas A &M University, Corpus Christi, Texas 1998 Masters of Accountancy, Texas A &M University, Corpus Christi, Texas, 2000 Experience The majority of Roy's work experience has involved the audits of local governments. Roy joined Collier Johnson & Woods in the Spring of 2007. He has been responsible for field work for the City of Corpus Christi, Del Mar College, the Coastal Bend Council of Governments and the Corpus Christi Transportation Authority. Prior to joining Collier Johnson & Woods, Roy worked five years for Ernest R. Garza & Company. He was responsible for field work for several local government clients, including the counties of Nueces, Bee and Duvall as well as the cities of Robstown, Mathis and San Diego. His responsibilities also included field work for the following school districts: Taft, San Diego and Somerset. Governmental Continuing Professional Education Course Fraud, Internal Control and Quality Control Issues Relating to Government Audits 2009 Auditing & Accounting Update for Governments 2009 Governmental Audit Update Related to Cities 2008 Governmental Audit Training Risk Assessment Standards and the PPC Audit Process Audi t of Local Governments - Audit Programs Governmental Accounting & Auditing Update GASB 34, Cash & Investments, Capital Assets and Operating Bxpenc CAFRs, Budgetary Reporting, States and Special Purpose Governmei Fund Accounting: Revenues and Receivables 2007 Governmental Audit Update Related to Cities Date Hours 8/26/2009 8/19/2009 6129/2009 8/21 & 8/26/08 7/18/2008 7/17/2008 7/25/2007 612812007 6/27/2007 6/26/2007 6/25/2007 Membership and Involvement in Professional and Civic Organizations American Institute of Certified Public Accountants (A1CPA) Texas Society of Certified Public Accountants (TSCPA) Corpus Christi Chapter Texas Society of Certified Public Accountants —243- 28 8 6 4 12 6 8 8 8 8 8 4 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 13, 2010 SUBJECT: Application for Financial Assistance from Texas Water Development Board for Raw Water Influent Improvements Project (CIP WAWS 02) AGENDA ITEM: RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD IN THE AMOUNT OF $20,125,000 FOR THE PLANNING, DESIGN, AND CONSTRUCTION OF THE RAW WATER INFLUENT IMPROVEMENTS AT O. N. STEVENS WATER TREATMENT PLANT; AUTHORIZING THE FILING OF AN APPLICATION FOR ASSISTANCE; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. ISSUE: Loans for planning, design, and construction can be funded through the Water Infrastructure Fund (WIF). All loans through the W IF are offered at a subsidized interest rate which is 2 percent below the Texas Water Development Board's cost of funds. Repayment periods are a maximum of 20 years. In order to reduce our debt service on this project which is included in the approved Capital Improvements Program, it is critical that this application for WIF funding be submitted at this time. The deadline for submission of the application is August 1, 2010. After submission, the final application will be available for review in the City Secretary's office. REQUIRED COUNCIL ACTION: Approval of resolution. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution as presented. 0 Gustavo Gonzalez, Director, Water Department gustavogo@cctexas.com 826-1874 BACKGROUND INFORMATION Although the O.N. Stevens Water Treatment Plant (WTP) is currently rated at 167 Million Gallons per Day (MGD) by the Texas Commission on Environmental Quality (TCEQ), the City currently can produce only 159 MGD (or less) of treated water through the O.N. Stevens WTP (the sole source of treated water for the City of Corpus Christi municipal supply, various large industrial users, and the South Texas Water Authority) due to a hydraulic bottleneck at the front end of the Q.N. Stevens WTP. Re- designing the influent end of the plant will allow the plant, operating under acceptable TCEQ detention rates, to produce up to 200 MGD which would increase the amount of treated water supplies needed to meet increasing water demands for City customers and improve supply reliability. Additional system improvements to the water treatment plant will provide operational cost savings from increased reliability and functionality. The proposed Q.N. Stevens Water Treatment PIant Improvements will: • address the current hydraulic bottleneck at the O.N. Stevens WTP front end that limits total plant capacity to 159 MGD (or less) in order to increase plant capacity to 200 MGD; • increase the serviceability of the plant; • allow for blending and pre - sedimentation of 100% of the source water, increasing finished water quality; • allow for a more uniform treatment regimen, saving operational costs. Full blending and full pre - sedimentation will also accomplish the goal of increasing the quality of the partially treated water that is provided to local industry. This project as approved in the Fiscal Year 2009 -2010 Capital Improvements Program identified $1 8,000,000 over three years for this project. The amount included $1,800,000 for design, $1 4,000,000 for construction, $1,400,000 for contingency, and $800,000 for inspection and other expenses. In January of 2010, the City of Corpus entered into a contract with Freese and Nichols, Inc. to design the project. The design fee is $1,927,500. The current probable construction cost is $16,980,000. When we met with the Texas Water Development Board staff on June 21, 2010, the recommended including an additional $1,000,000 contingency. Another $218.000 is included for bond issuance. This totals to $20,125,000. Including all of the items identified above, the requested amount will be $20,125,000. The Fiscal Year 2010 -2011 Capital Improvements Program will reflect the revised estimates. Design is expected to be completed in June of 2011. Construction is expected to start in August of 2011 and complete in February of 2013. —248— 1 RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD IN THE AMOUNT OF $20,125,500 FOR THE DESIGN AND CONSTRUCTION OF IMPROVEMENTS TO THE O. N. STEVENS WATER TREATMENT PLANT; AUTHORIZING THE FILING OF AN APPLICATION FOR ASSISTANCE; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. WHEREAS, the City Council of the City of Corpus Christi finds and determines that there is an urgent need to initiate the construction of improvements to the City's only water treatment plant, 0. N. Stevens Water Treatment Plant; and this activity cannot be reasonably financed without financial assistance from the Texas Water Development Board (TWDB); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That an application is hereby approved and authorized to be filed with the Texas Water Development Board (TWDB) seeking financial assistance in an amount not to exceed $20,125,500 to provide for the costs of the design and construction of the City of Corpus Christi, Texas, C. N. Stevens Water Treatment Plant Raw Water Influent Improvements Project. SECTION 2. That the City Manager of the City of Corpus Christi, Texas, 'Angel R. Escobar, be and is hereby designated the authorized representative of the City of Corpus Christi, Texas, for purposes of furnishing such information and executing such documents as may be required in connection with the preparation and filing of such application for financial assistance and the rules of the Texas Water Development Board. SECTION 3. That the following firms and individuals are hereby authorized and directed to aid and assist in the preparation and submission of such application and appear on behalf of and represent the City of Corpus Christi, Texas, before any hearing held by the Texas Water Development Board (TWDB) on such application, to wit: Financial Advisor: Mark Seal M.E. Allison & Co., Inc. 950 E. Besse Road, Second Floor San Antonio, TX 78209 210- 930 -4000 ONSWTP TWDB LOAN RESOLUTION 07072010.docx —249— Engineer: Trooper W. Smith, P.E. Freese and Nichols, Inc. 10814 Jollyville Road, Building 4, Suite 100 Austin, TX 78759 512 -617 -3116 Bond Counsel: W. Jeffrey Kuhn Clayton Binford Fulhright and Jaworski, LLP 300 Convent Street, Suite 2200 San Antonio, TX 78205 210 -224 -5575 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO FORM: July 7, 2010. R. Jay Reining First Assistant City Attorney For City Attorney ONSWTP TWOS LOAN RESOLUTION 07072010.docx Joe Adame Mayor —250— 2 Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Pricilla Leal John E. Marez Nelda Martinez Mark Scott ONSWTP TWDB LOAN RESOLUTION 07072010.docx —251— 3 ITY OF ORPUS HRISTI 1 1IO1 111X011IMI:LisITAVA1X01 z t.0 00 0 6 0 rs1 3 cc 0 WTP Improvements H c co E w o of ba c co cc V 3 i 1 of c O 15 c 0 V a 1- z 0 aA C .v_' W — Plant Hydraulic Capacity: 159 MGD (State Water Plan) 2 — Exceeds Design Velocities: — Existing Influent Headworks and Piping — Bottlenecks mprovements c w 3 4- c Proposed ONSWTP Raw Water — Proposed TCEQ Rated Plant Capacity: 200 MGD 1) U N N a--+ O CC OA E CO v) 0 CO N 2 CD CO CD CO .E W I I I Increased Security and Plant Serviceability Reduction in Chemical Consumption — Increased Finished Water Quality . ....;,.,..:40'.' 1 1,, I rl Iti. ,,......': 'al ,T•j..' ':1-:•,i ■., ; . -:X.,P.&I 1.;••.:" !/, -- '-'i'-4.''''-.., 7 '::t.:C...1; -'-: ''. ;.,•.'r1.± ,•'.',.',':•••:'--".:.::)'"..._ _ I 1 * 11:,. :' IIII.L: :.;ZZ:- :. :„. . .1r=7:','Zi.:T.'7-- ' ' .47.i,--4.r.'"/; ,..:'• ..-., 1 y 1 ur : I , , •)5. :::,•: ri., .! :;;:., - ,. 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I , ":ffC . — ). „•'9 *- ,.. , ,• 1 mozowei A .., .-:,-, =,••:r._..__._:, : P • I 1 I, , A,:' 1 II ' . *•:,.) ...;; 4•:,:,•• ........ -.1„ N i 0 +a 0 c CD 0 J u- — WIF Standard Loan — $151Million available — WIF Deferred Loan — $25Million available — All State Monies — No Federal Strings attached Payments begin upon loan closing Payments are made at below market interest rates — currently 2% below State Rate Interest and Payment Deferred Up to 10 Years End of the Construction Project • • No Interest Accrued during Deferral Period Payments are made at below market interest rates — currently 2% below State Rate WIF Applications are due August 1, 2010 (Abridged Application — 1st Step) m 0 1- i5 a-•+ CO N CO 0 m C LE cu C 0 a-▪ •+ CO E L 0 L▪ o 0 o 0 cc 0 i5 c r0 E cu L bb bp La N c 0 co L L (u m - 0 - o QJ N -0 N N U E N N _ N �' N Q 4 - N • Steps for Funding ca F a • — Project in 2006 Regional Water Plan — Part of 2010 Intended Use Plan (IUP) — Project Ranked 617 out of 671 in the 2010 IUP — SRF Funding Route not Considered Further Path Forward • aA C C LL LL V) LI- O 4J cn C CIA LL 0 ca ca 4J V) LL N cn CL I — Application to Council for Council Resolution, Affidavit, etc. — Submit Abridged Application to TWDB by July 20, 2010 s- 0 LI- > c ▪ N O ▪ cn Q •i •i N ca • — LJJ O 0_ C6 - U C O - c6 L- L • N c U ca = O L.L s— • C.A O ca C O Li ca O I-L C s- fp cu •I J L V) N - O L_L Q ` ca I Summary of Project Budget 0 0 LA n N 01 r-I 0 0 O Cr ih O 0 O O 00 o O� O CI 00 C. in. r; tn. in- O Construction Other — Project Legal Expenses 0 0 r-I m 0 N i/f. 0 0 0 0 0 in- in- in- in-in- 0 0 O 0 LA O LA 0 N 0 r-I rl O i/f. N O O in- 1,/. O O O O O O m 1. vi N cn m m in- in)- ih in- in- Financial Advisor Bond Counsel aw a..) L C a) OD Q t]A cn .5., o a) co v a) ca. c u_ - CO • o v a1 o N U .c_ C/) W G 0 0 LA O N O N 0 r-I ri O in- N 1/. u C 42) OD C C 0 V Total Costs * The CIP budget for this project is $18,000,000 Project Schedule a 0 ca U a •— • Q H 0. a) Q aJ G a H i p S as a _1 a Design /Bid Phase Construction Phase L' aja1r' ( w E � o • cn ` cu n 0 0 ���O 17 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Proposed Zoning Ordinance Amendments for Nonconforming Lots of Record and for Compact and Clustered Development Overlay STAFF PRESENTER(S): Name Title /Position Department 1. Lisa Wargo Sr. City Planner Development Svcs. 2. Juan Perales, Jr. Asst. City Mgr Engr. & Dev. Svcs, ISSUE: Amendments to the "Nonconforming Lots of Record" section of the Zoning Ordinance are being proposed to facilitate the development of nonconforming lots and those which were previously prohibited from development because of lot size or width. Additional Zoning Ordinance amendments proposed include the creation of a new code section entitled "Compact and Clustered Development Overlay Zone Regulations ". The new ordinance language provides standards for compact and clustered development not previously possible, except through the Planned Unit Development (PUD) process. New definitions are also being proposed to support new ordinance language and to update the existing code. REQUIRED COUNCIL ACTION: None. PowerPoint presentation X Supplemental information ❑ Juan Perales, Jr., P.E. Assistant City Manager Engineering & Development Services -263- . ■ VI V a v ...,..... _ma- -0.- 0. , g a. ■ ■ a a_ ■ 1 . , , La 1 ■ 6 .0- 0 j ■ _ - s -a ® -0511 AI 4 I t +- ( .. 6.- .. - , .. .. . . . r r . r .. team - •r . . . 01 r. ® wf.- + . I+ ow 0 a --. ■ . . 4.- . - ■ _ J . .. ■ a /r ...r 6 - — ■ .. ■ ... - . . .r. ♦ . . wr.• . ... ... . r 0 0 y J .........: ..Y.>... .>.,,,.. -.> ...k. - w -- . . ,, m x .k.. . . •. made of fabric = O 4 CI) .m5 V .0 P 4.1-1 imc 7' cit 4t 'a' oo imc O .,.., 5 ) ''"' a� tvA 4 .5 c� .5 c? "5 .*.4 4t 4 4-1 ct 4 4-1 M s must meet the foll 1. Retractable awnings, when retracted against the building wall, must be able to be securely fixed or consist of a locking device that ensures that the awning in its retractable state meets the Texas State Department of Insurance Wind Load Factor for the Corpus Christi area in which it is located. Retractable awnings must be retracted and secured to the building wall, or removed, in the event of a declared weather emergency. Mixed -Use Building (568) Mixed -Use Development (574) Modulizr Hom e -R esiden tia 1 (587) Nonconforming Lot (599) Open Space , Common, Public (609) Parking, Shared (652) Parking, Tandem (663) Passive Recreation (666) Sign, Blade (754) TargetAtea (836) Draft Article 3 "Definitions" Amendment Page 1 of 26 ORDINANCE 2 AMENDING THE CORPUS CHRISTI ZONING ORDINANCE ARTICLE 3 3 "DEFINITIONS" BY REVISING EXISTING DEFINITIONS AND 4 PROVIDING NEW DEFINITIONS FOR DEVELOPMENT; AND BY 5 AMENDING CONFLICTING PROVISIONS OF THE CITY'S 6 COMPREHENSIVE PLAN; REPEALING CONFLICTING ORDINANCES; 7 PROVIDING FOR SEVERENCE; PROVIDING FOR PENALTIES; 8 PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE 9 DATE. 10 WHEREAS, with proper notice to the public, a pu 11 on , during a meeting of the Planning Commissi 12 Council Meeting Date], during a meeting of the 13 Chambers, at City Hall, in the City of Corpus Chri 14 persons were allowed to appear and be heard; 15 WHEREAS, the City Council has determi 16 best serves the general welfare of th 17 regulatory base for ensuring compatibi 18 consistency and character; and ensuring gro 19 manner that will preserve the pub ealth and sa earing was held and on Tuesday, [City uncil, in the Council hich all interested adoption o '' ' * dinance citizens b oviding a e -lopment; ' maintaining n an orderly and desirable 20 NOW THEREFORE BE IT ORDAI 21 OF CORPUS CHRISTI: 22 SECTION 1. Artic 23 amended by re 24 development to 25 ARTICLE 26 Sect 27 sin 28 include 29 "shall" is m 30 and no other NCIL OF THE CITY itions" o ? e Corp Christi Zoning Ordinance is definitio `- and by adding new definitions for read as foil 3 -1 Wo mber incl 'ngular; th tory and 'n ter sed :T= *� present tense include the future, words in the . al number, and words in the plural number ord building" includes the word "structure;" the word t directory. In the interpretation of this Ordinance only, and words are hereby defined as follows: 31 32 33 34 35 laflek 36 Accessory Dwelling Unit (ADU). A structure which is located on the same lot 37 as a primary building. Accessory Dwelling Units: 38 CU Must not exceed 33 percent of the total square footage of the main 39 building and the accessory dwelling unit combined after modification. —281 - H \PI .N- nTR\RH ARFn\ l _ Plannine Commission12010 PC\Draft Article 3 Amendment.doc Draft Article 3 "Definitions" Amendment Page 2 of 26 40 LZ) The footprint square footage of which, when added to the footprint square 41 footage of the primary structure, must not exceed a total impervious 42 coverage allowance of 70% on the lot. 43 al Must be located within the required setbacks of the lot. 44 Must not contain less than 300 square feet, or more than 800 square feet. 45 f51 Must be one -story structures, although the accessory dwelling unit may be 46 located above a garage. 47 0) Must be located behind the rear facade of the principle structure. 48 al If attached to the primary structure must comply with the City's adopted 49 Building and Fire Codes for attached structures. 50 Lill May include kitchen and bathroom facilities and slee•'nq area. 51 Do not include mobile homes or travel trailers. 52 (10) Must be compatible with the design of the princi 'structure. 53 (11) Must be subordinate in use, area, and purpo _ ' o •rinciple structure. 54 X12) Must be located in the same zoning distri nd o °= ':f- same lot as the 55 principle structure. 56 13) Must contribute to the comfort, con 57 and occupants of the • rinci • le buil 58 14) Must be clearly incidental to, and us 59 primary structure or use. 60 (15) Must not have a separate flit 61 (16) Must have an entrance sep 62 (17) The principle structure or 63 occupied, and the accessory 64 (18) Ma be • art of the reconstructs 65 entire structur 66 .(19) May not b 67 structure fence, or neces ein• -rved. d in connec meter. cof the owner from the pri structure. ry dwells it must be owner - ust be leased or rented. ara • e • rovided that the rent Bui g and Fire Code standards. primary and accessory dwelling unit in • and Fire Code standards. n with, the 68 69 70 71 Accesso structur struc str located on the same lot as a primary 49% o the total square footage of the primary accessory dwelling structure. Accessory 72 LI Mu e same person owning the principal structure onsite. 73 21 Must : ' •mpati • with the design of the principle structure. 74 1') Must be r•'; _te in use, area, and purpose to the principle structure. 75 Must be lo •' 'd in the same zoning district and on the same lot as the 76 principle str: cture, and must be located behind the principle structure. 77 L5_1 The footprint square footage of which, when added to the footprint square 78 footage of the primary structure, must not exceed a total impervious 79 coverage allowance of 70% on the lot. 80 n Must be located within the required setbacks of the lot. 81 21 Must be used to contribute to the comfort, convenience, or necessity of 82 the owner and occupants of the principle structure being served. 83 Must be clearly incidental to, and customarily found in connection with the 84 primary structure or use. 85 Di. Must not have a separate utility meter. 86 (10) Must not be leased or rented. Draft Article 3 "Definitions" Amendment 87 (11) Must meet the City's current Building and Fire Code standards. 88 89 90 91 Page 3 of 26 Accessory Use. An accessory use is one which is clearly incidental to or customarily found in connection with, and (except as otherwise provided in this Ordinance) on the same lot as the principal use of the premises. lAFhen 92 Active Recreation. Recreational activities which require physical alteration to 93 the existing topography of a site or area in which they are performed. Such 94 activities may include, but are not limited to, swimming pools, tennis courts, 95 basketball courts, baseball /softball fields, football /soccer fields, playgrounds, golf 96 courses, and boat ramps /marina areas. 97 Adult Day Care Facility. A facility that provides 98 elderly and/or functionally impaired adults for a p 99 consisting of five or more persons 18 years of a 100 blood, marriage, or adoption to the owner o 101 not the facility is operated for profit or char 102 may include an outdoor recreation ar 103 building to the recreation area. This use m 104 requirements. The persons being cared for or s 105 use the facility as a residence. supervision for the 4 hour period, and re not related by , whether or . This use the main Ider or of the services it e access fr Kwith statu ry licensing ised under this use may not 106 Alley. A public or private way whic 107 access to property abutting thereon. sed only 108 Alternative Moun 109 steeple, bell tow 110 similar structure, d 111 telecommunications a secondary means of lure. A :man -may - tree, clock tower, church , light st • ard, identification pylon, flagpole, or upport and - » ouflage or conceal the presence of nc- 3612, 04/13/99) 112 113 114 Anima treat 08/ ere animals or pets are given medical or surgical e time of such treatment. (Ordinance 24566, 115 Animal Ke 116 animals over 117 treated, groom 118 (Ordinance 24567, ercial facility where four or more dogs, cats, or other s of age are kept, raised, sold, boarded, bred, shown, exclusive of animals used for agricultural purposes. /28/01) 119 Animal Rescue Shelter. A facility used to house or contain stray, homeless, 120 abandoned, or unwanted animals, and is owned, operated, or maintained by a 121 public body, an established humane society, animal welfare society, society for 122 the prevention of cruelty to animals, or other nonprofit organization devoted to 123 the welfare, protection, and humane treatment of animals, and must be 124 constructed and operated in compliance with the State Department of Health 125 Regulations and the City's current Building and Fire Code Standards. —283 - 1- l•1P1- N- fTR\SNARED1l - Plannine Commission12010 PC\Draft Article 3 Amendment.doc Draft Article 3 "Definitions" Amendment Page 4 of 26 126 Antenna. A structure or device used to collect or radiate electromagnetic waves, 127 including directional antennas, such as panels, wireless cable and satellite 128 dishes, and omni- directional antennas, such as whip, but not including satellite 129 earth stations. (Ordinance 23612, 04/13/99) 130 Antenna, Amateur Radio. An antenna used by an amateur radio operator that 131 is less than 50 feet (15 meters) in height and whip antennas less than 4 inches in 132 diameter and less than 10 feet (3 meters) in height. (Ordinance 23612, 04/13/99) 133 Antenna Array. An arrangement of antennas and their supporting structure. 134 (Ordinance 23612, 04/13/99) 135 Antenna, Dish. A parabolic or bowl shaped dev' ='tha receives and/or 136 transmits signals in a specific directional pattern. (Or •�= ` Y- 23612, 04/13/99) 137 Antenna, Panel. An antenna which receiver a. ' /or tr. `s :± its signals in a 138 directional pattern. (Ordinance 23612, 04/131•. 139 Antenna, Radio and Television Broa r .. An tenna use • roadcast 140 commercial radio and television signals, in 'P, g ;' 1 broadca and other 141 digital transmissions, by a licensed radio : .: -levision broadcast station. 142 (Ordinance 23612, 04/13/99) 143 Antenna, Stealth. A teleco '; `^ `;: ns ante ` l that is effectively 144 camouflaged or concealed from view. ;:rdr :. 3612;' X4/13/99) 145 Antenna, Teleco 146 telecommunicatio 147 systems, amat 148 antennas less than 149 height, a 150 04/13/9 Lions. n ant = na used to provide a This excl ` -s lightning rods, private mobile radio as less th e it a 0 feet (15 meters) in height, whip ameter;'= nd less than 10 feet (3 meters) in dcast antennas. (Ordinance 23612, 151 An Whip. An : rr`s >i -dire• al dipole antenna of cylindrical shape which is 152 no more a _ t 6 inches �'' cm) n diameter. (Ordinance 23612, 04/13/99) 153 Apartment. f" - •artm ='t is a living unit or dwelling unit within a multiple - family 154 dwelling struct ':s y ati rt of a building containing cooking and housekeeping 155 facilities, consistin a room or suite of rooms, intended, designed, and used as 156 a residence by an dividual or a single family. 157 Apartment Hotel. A building arranged for or containing apartments and 158 individuals guest rooms, with or without housekeeping facilities, and which 159 furnishes services ordinarily provided by hotels, such as maid, bellboy, desk, and 160 laundry service, and may include a dining room with internal entrance and 161 primarily for use of tenants of the building. The building shall not include public 162 banquet halls, ballrooms, or meeting rooms. 163 Apartment House. Same as "Dwelling, Multiple- family." Draft Article 3 "Definitions" Amendment Page 5 of 26 164 Assisted living facility. A facility comprised of dwelling units and caring for 165 seven or more individuals that provides primarily nonmedical resident services to 166 individuals in need of personal assistance essential for sustaining the activities of 167 daily living on a 24 -hour basis. The facility may contain a common kitchen and 168 dining room. (Ordinance 024566, 08/28/01) 169 Automotive Repair, Heavy. Repair of bodies, frames, or fenders, painting, 170 undercoating, or rust proofing'; impound yards for wrecked vehicles in 171 association with wrecker services; repair of heavy Toad vehicles such as 172 recreational vehicles, tractor trailers, commercial dump trucks, or transit vehicles; 173 or other similar heavy repair services. 174 Automotive Repair, Major. General repair or •. `rhau of engines, air 175 conditioning systems, transmissions, or radiators or vehicles, wrecker 176 service; customizing; vehicle steam cleaning; or of " sim °: ses. Major repairs 177 do not include uses listed under Automotive Re ' -avy. 178 Automotive Repair, Minor. Minor repair 179 batteries, diagnostic services; minor m 180 plug, or filter changing; tune -ups; emergen 181 starters; alternators, hoses, belts, and or point 182 alignment, automobile washing, o mobile uph 183 inspections and associated mino 184 systems, or other similar minor repa 185 listed under Automotive Repair, Majo ent of parts, s, ubes, or ch as grea ''_ oil, spark rvices; re 6 acement of ke or muffler repair, wheel ry, window tinting, state of air conditioning irs do not include uses • routine Mino 186 Awning. A hood o 187 the wall of a buil 188 or collapsed agains 189 supported by the buil nerally de of fa • is material, that projects from may be `. - d, or retractable which can be folded the suppo = building, both of which are entirely eet the following requirements: 190 (1) 191 192 193 194 en retracted against the building wall, must be consist of a locking device that ensures that tract a state meets the Texas State Department of ad Factor for the Corpus Christi area in which it is 195 (2) Retractab = `' " -nqs must be retracted and secured to the building wall, or 196 removed, in e event of a declared weather emergency. 197 (3) Fixed awnings must meet the Texas State Department of Insurance Wind 198 Load Factor for the Corpus Christi area in which it is located. 199 Basement. That portion of a building between floor and ceiling which is wholly 200 or partly below grade, and having more than one -half of its height below grade. —285— 1-3 AAA hl_ilTD1CI- IAF1:T111 Planninn rnm11 mkcinn17010 PC\Drait Article 3 Amendment.doc Draft Article 3 "Definitions" Amendment Page 6 of 26 201 Bed and Breakfast Home (B &B ). A private, owner - occupied residence that 202 offers sleeping accommodations to lodgers. Sleeping accommodations shall not 203 exceed five bedrooms and not more than ten lodgers, not including the owner - 204 occupied rooms. Owner- occupied rooms include rooms occupied by people 205 related to the owner. For the purpose of this definition, a lodger means a person 206 who rents a room in a B &B home establishment for fewer than 30 consecutive 207 days. Kitchen and dining facilities may be included to provide meals to guest 208 only; however, no food preparation shall be permitted in guest bedrooms. A bed 209 and breakfast home (B &B) is not a Single - Family Dwelling. (Ordinance 24580, 210 09/11/01) 211 Bed and Breakfast Home with Special Events (B &B/ 212 occupied residence that offers sleeping accomm 213 conducts special events for consideration. Sleepi 214 exceed five bedrooms and not more than ten lod 215 occupied rooms. Owner- occupied rooms in 216 related to the owner. For the purpose of thi 217 who rents a room in a B &B home establ 218 days. Kitchen and dining facilities may b 219 for special events held by guests on the premi 220 shall be permitted in guest bedr•oms. A bed 221 events (B &B /SE) is not a Single- Dwelling. ( rk\A private, owner - ions to lodgers and modations shall not luding the owner - ied by people ans a person secutive guest and wever, no foo'i preparation reakfast home with special nce 24580, 09/11/01) oms finition, a lodge ent for fewer than ed t• : ovide meals 222 Bed and Breakfast Inn 223 accommodations to lodgers. 224 bedrooms and not m 225 the premises. Fo 226 rents a room in 227 Kitchen and dining 228 however, n• � •d rep 229 exclude (B &B Sleep 24 lodge e of this tablishme be incl 230 231 232 Bo compe meals are that offers sleeping ns shall not exceed 12 he ow ' " and or operator may live on finition, a lodger means a person who fo fewer than 30 consecutive days. d to provide meals to guest only; itted in guest bedrooms. This term rdinance 24580, 09/11/01) 'Iding :tr , °=r than a hotel or apartment hotel where, for rra ement for definite periods, meals, or lodging and or more persons, but not exceeding twenty persons. 233 Breezeway. entirely open except for roof and supporting columns 234 which connect a =` : =nce and an accessory building on the same lot. 235 Buffer. An area of and including open space areas, landscaped areas, fences 236 wall, berms, that may be used or required separately or in combination to 237 mitigate for negative impacts imposed by light, noise, higher densities, 238 incompatible land uses, or other nuisances. 239 Building. Any structure having a roof supported by columns or walls for the 240 housing or enclosure of persons or property of any kind. Draft Article 3 "Definitions" Amendment Page 7 of 26 241 Building Height Of See "Height of Building." The vertical distance from the 242 grade to the highest point of the coping of a flat roof or to be mean height level 243 between eaves and ridge for gable, hip, and gambrel roofs. 244 Building /Structurally- Mounted Wind Energy Unit. A small wind energy unit 245 for permanent mounting and operating on a building or other structure. Building 246 or structurally- mounted units may not exceed 10 kW in manufacturer rated 247 power. (Ordinance 028407, 11/10/09) 248 Buildable Width. The width of that part of a lot not included within the open 249 spaces herein required. 250 Canopy or Marquee. A roof -like structure of a perma na re which projects 251 from the wall of a building or structure and overhang ;.te or public way. 252 Child Care Center. A building where seven Yore chi , under fourteen 253 years of age, other than members of the f ccupying ' , building, are 254 taken care of for compensation. 255 Child Care Home. A single - family residen h ' i or less c dren under 256 fourteen years of age, other than members the family occupying such 257 residence, are taken care of for c + .ensation. 258 Clinic. An office building or a g 259 surgeons, or dentists engaged in tr 260 rooms for abiding patie 261 Club. Buildings 262 person or pers 263 primarily for profit w 264 service w ',,_ stom or more physicians, 'lured, but not including owned or > • erated by a corporation, association, al, educati•' -k or recreational purpose, but not any in idual and not primarily to render a a business. 265 266 267 268 269 270 Clus bui recreati of environ lot sizes and and result in a r f planned development that concentrates o allow the remaining land to be used for pas -, buffering of adiacent properties, or preservation e areas. Cluster developments may include reduced alter than what are typically allowed in a zoning district, in infrastructure costs to the developer. 271 Co- location, Tel- ommunications. A single telecommunications tower and/or 272 site used by more than one telecommunications service provider. (Ordinance 273 23612, 04/13/99) 274 Commercial vehicle. A vehicle licensed as commercial, has a Texas 275 Department of Licensing and Regulations number, and/or has a permanently 276 affixed commercial /business logo. (Ordinance 24566, 08/28/01) 277 Commission. The Planning Commission of the City of Corpus Christi. —287— U. D1 ro_roR\eu a RPr711 Plannina C'nmmission12010 PC\Draft Article 3 Amendment.doc Draft Article 3 "Definitions" Amendment Page 8 of 26 278 Community Home. A single dwelling unit on property that has residential zoning 279 that is occupied in compliance with the Texas Community Homes for Disabled 280 Persons Location Act, Chapter 123, Texas Human Resources Code. (Ordinance 281 027703, 5/20/08) 282 Condominium. A form of property ownership providing for individual ownership 283 of residential, industrial, commercial, or office space in a structure on such real 284 property, together with an undivided interest in the land or other parts of the 285 structure in common (e.g. common open space, common areas, or facilities) with 286 other owners. 287 Court. An open space which may include uncovered p, 288 arranged a single building or a group of related buildin 289 District Any section of the City of Corpus C 290 regulations are uniform. 291 Drive -in Restaurant or Drive -in Groce 292 and eating establishment where patro 293 premises and food or drinks are served to pa 294 Du • lex. A buildin• desi• ned as 295 containing two- family dwelling unit 296 other. around which is which the zoning or retail ed to park di pensing on the orizontal or v_ _ • I structure on a sin le lot independently of each 297 Duplex - Dwelling Uni - orizontat on lex units are two - family 298 residential units whi `: `_` Dependent : d separ "ed from each other by a wall 299 extendin . from th ound a roof of structure. 300 301 302 303 304 305 306 Duplex- Dwelling Un units whit :: ' • ep from a insid= �e structure. Dwellin occupancy, including boa plex units are two- family residential d from each other by a floor extending all, except for a common stairwell that may exist r p ion thereof designed or used for residential - family, two- family, or multiple dwellings, but not ging houses, hotels, or tourist courts. 307 Dwelling, Multip = =mily. A dwelling designed, arranged, or used exclusively 308 for the use and o* upancy of three or more families living independently of each 309 other. The dwelling structure may include a triplex, apartment, townhouse, 310 condominium, cooperative, high -rise, etc. 311 Dwelling, Single- family. A dwelling designed and arranged exclusively for the 312 use and occupancy of one family. A bed and breakfast home (B &B) or bed and 313 breakfast home with special events (B &B /SE) is not a Single- Family Dwelling. 314 (Ordinance 24580, 09/11/01) 315 Dwelling, Two - family. A dwelling designed, arranged, or used exclusively for 316 the use and occupancy of two families living independently of each other. Draft Article 3 "Definitions" Amendment Page 9 of 26 317 Dwelling Unit. A room or group of rooms occupied or intended to be occupied 318 as separate living quarters by a single family or other group of persons living 319 together as a household or by a person living alone. 320 Fall Radius. The fall area for a wind energy unit is measured by using the total 321 height of the tower as the radius around the center point of the base of the tower. 322 (Ordinance 028407, 11/10/09) 323 Family. 324 (1) Any number of persons living together in a dwelling unit who are related to 325 another resident of the dwelling by blood, ma e, legal adoption, 326 guardianship, or other legally authorized custo relationship, and not 327 more than a total of four domestic service pro __ caretakers, exchange 328 students, or boarders: or 329 (2) Up to five unrelated persons living in a 330 family; or 331 (3) Residents of a community home co 332 unrelated occupants exceeds the 333 in this definition. This definition may n 334 persons with disabilities and their careta 335 under their protected statu: , ?orded by the 336 and the Federal Fair Housin dwe ' unit constitute a amily, even n mber of upants othe =e allowed s .ued to Um' the rights of to occupy a single dwelling icans with Disabilities Act 337 Farmers Market A farmers market 338 in a farmers market r area 339 (Ordinance 23932, 340 Farmers Marke 341 retail sales use for a 342 sales are 1 Mesh fruit and vegetables use to a shopping center. 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 T vege service, regulation The farme - ``market retail sales area shall not encroach upon minimum yards, minimum parking area, or fire lanes. The farmers' market retail sales area shall be considered as retail sales floor area for purposes of calculating parking, loading, open space, and floor area factors but not for determining street yard. The farmers' market retail sales area must be within a permanent roofed structure that does not have any walls. Permanent restroom facilities for employees and customers shall be provided in the shopping center to which the farmers' market is an accessory. Restroom facilities shall be within 300 feet of the farmers' market retail sales area. (Ordinance 23932, 02/08/00) closed area used exclusively as a re allowed, a farmers' market retail ements: e certified by the Texas Department of et must not sell anything except fresh fruits and st not conduct any processing for individual portion comply with all local, state, and federal laws and —289 -- TrATlr TO nrD UADr.Tll1 Dior., ;,,n rnm mi ccinnV) n1f PU`117raft Article 3 Amendment.doc Draft Article 3 "Definitions" Amendment Page 1 D of 26 360 Fire Lane. An all weather approach or opening through which a fire fighting 361 vehicle may pass with a minimum of interference. 362 Floor Area. 363 (1) Commercial, business, and industrial buildings or buildings containing 364 mixed uses: The sum of the gross horizontal areas of several floors of a 365 building measured from the exterior faces of the exterior walls or from the 366 centerline of walls separating two buildings, but not including: 367 368 369 370 371 372 (a) (b) (c) (d) (e) (f) Attic space providing headroom of less than seven feet; Basement space not used for retailing; Steps or fire escapes; Accessory water towers or cooling tow Accessory off- street parking spaces; Accessory off - street loading berth 373 (2) Residential buildings: The gross ho ntal a eas of the s 374 dwelling, exclusive of garages, b - P- ` _ is a r open porch 375 from the exterior faces of the exterior 1 fl ors of a easured 376 Floor Area Factor. The floor a , factor is mu '` ' -• by lot area to determine 377 the permitted floor area. 378 Floor Area Ratio FAR . The Flo 379 380 footage of the lot. 381 Frontage, Lot. 382 street line are coinci culated b dividin• the re Dont boundary line of the lot and the 383 384 385 386 387 388 389 390 391 392 393 394 Fronta inter str between prope on one side of a street between two rminating), measured along the line of the then all of the property abutting on one side nd the dead end of the street. ing streets 'f the stree tersectin 395 Fueling. Retail sale and dispensing of gas. 396 Full Food Service. The preparation and/or serving of any combination of foods. 397 Foods commonly known as appetizers, hors d'oeuvres, and desserts may be 398 available and /or served, but are not recognized as full food service items. Draft Article 3 "Definitions" Amendment Page 11 of 26 399 Garage, Private. A detached accessory or portion of a main building designed 400 or used for the storage of not more than four motor - driven vehicles of the 401 occupants of the premises that does not exceed 900 square feet or 49 percent of 402 the gross floor area of the main building, whichever is greater. No more than one 403 of the vehicles may be a commercial vehicle, which may not exceed a one -ton 404 capacity. Calculations for determining the area of the private garage shall not 405 include the areas designated as work area, living area, storage area, bathrooms 406 and similar areas. (Ordinance 24566, 08128101) 407 Garage, Public. A building or portion thereof, other than a private or storage 408 garage, designed or used or equipping, serving, repairi •, hiring, selling, or 409 storing motor- driven vehicles. 410 Garage, Storage. A building, or portion thereof, de 411 storage of motor - driven vehicles, and at which mo 412 without exterior advertising, and where motor - 413 repaired, hired, or sold. 414 Grade. 415 416 417 418 419 420 421 422 423 424 425 (1) (2) r used exclusively for fue -" :r_s d oils may be sold �vehici- =. a not equipped, For buildings having a wail or walls adjoi ;r ■ ne street only, the elevation of the sidewalk at the cent the wall adjo the street. For buildings having a wal Is adjoinin+ than one street, the average elevation of the sid> center e walls adjoining the streets. (3) For buildings h.- '; • no wall a• g the et, the average level of the finished surf.: round ad ent to t exterior walls of the building. Any wall • :` le! to, ''; within to +egrees of being parallel to, and not more than 2+ -t frv; a street lin to be considered as adjoining the street. Sidewa : ,! . s established by the Department of 426 Gri 427 supply d distribution system created to deliver the or consumers. (Ordinance 028407, 11110109) 428 Guest Qua 4':t (Goes ouse). Living quarters within a detached accessory 429 building locat same premises with the main building for use by 430 temporary guest '" `= occupants of the premises, such quarters shall not have 431 kitchen facilities or eparate utility meters, shall not be rented, and shall not be 432 used as a separate dwelling. 433 434 435 436 Hobby Room. An accessory use carried on by the occupant of the premises in 437 a shop, studio, or other work room purely as a personal enjoyment, amusement, 438 or recreation, provided that the articles produced or constructed in a said shop, 439 studio, or work room are not sold either on or off the premises. --291- u•‘nr XT_nTRlemARFn11 Planninv C'nrnmission12010 PC\Draft Article 3 Amendment.doc Draft Article 3 "Definitions" Amendment Page 12 of 26 440 Home Occupation. Any occupation or activity which is clearly incidental and 441 secondary to the use of the premises for dwelling purposes and which is carried 442 on wholly within a main building by a member of a family residing on the 443 premises, in connection with which there is no advertising other than an 444 identification sign of not more than one square foot in area placed flat against the 445 building, and no other display or storage of materials or generation of substantial 446 volumes of vehicular or pedestrian traffic or parking demand or other exterior 447 indication of the home occupation or variation from the residential character of 448 the building; and in connection with which not more than one person outside the 449 family is employed and no equipment used which creates noise, vibration, 450 smoke, dust, odors, heat or glare, any of which is offensive • persons of ordinary 451 sensibility in the neighborhood. When within the abov trements, a home 452 occupation includes the following: 453 454 455 456 457 (1) (2) (3) (4) Art studio. Dressmaking. Professional office of a doctor, architect, accountant, salesman, re Teaching with musical instruction p y+': ician, dentist, tate anent, insuran m. o on :_ =r two pupils , engineer, nt. time. 458 #owed A home occupation shall not be inte : ,; --d to include barber shops, 459 beauty parlors, restaurants, or th •nduct of a b► ss involving retail sales, 460 but is intended to include only tho =_ • nal servic <:,; • "eh are subordinate to 461 the use of the premises as a dwellin 462 Horizontal Axis Win 463 shaft that is horizo 464 465 466 467 468 469 470 Hospital. A bui abiding patients, use care of s' Tabora and an su operation. y Unit. d ene '' nit that utilizes a generator ) to the g nd. (Or • finance 028407, 11110109) of buildings, ' °•-ving room facilities for one or more for the in- patient medical or surgical h may include related facilities such as ents, training facilities, central service facilities, , that such related facility must be incidental e and must be an integral part of the hospital s, an 471 Hotel. A buil•'` w :;' lodging or boarding and lodging are provided for more 472 than 20 persons '; : = rily transient and offered to the public for compensation 473 and in which ingre • and egress to and from all rooms is made through an inside 474 lobby or office supervised by a person in charge at all hours. As such, it is open 475 to the public in contradistinction to a boarding house, a lodging house, or an 476 apartment which are herein separately defined. A hotel may include restaurants, 477 taverns or club rooms, public banquet halls, ballrooms, and meeting rooms. 478 479 480 481 482 483 484 485 486 Draft Article 3 "Definitions" Amendment Page 13 of 26 487 .F.R. Secton 3287 8(g' 488 Identification Pylon. A permanent ground mounted sign consisting solely of a 489 single monolithic structure used to identify a development. (Ordinance 23612, 490 04/13/99) 491 Impervious Surface. Any hard - surfaced, man -made area that does not readily 492 absorb or retain water, including but not limited to buil ■;_;:; 4.00fs, parking and 493 driveway areas, right -of -ways, sidewalks. and other pay _. areal. 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 Kitchen Facilities. A portion of a dwelling unit cooking of meals and includes a sink with propane, or 220 -V electrical utility connec countertop), and refrigerator. Kitchen faci. -s do • pantry, or a bathroom sink. Kitchen faci outdoor grills, or portable propane stoves, w e preparation and ng ca`',: tions, and gas, a stove, -n (built -in or t include a '- =�■ ar, butler's lude the use = '" otplates r• ibited wit n a dwelling unit or an accessory dwelling unit. Only one se within a dwelling unit. Outdoor q • areas shall kitchen facilities within a dwelling u door grillin an accessory use and are perm i `, -- ed that enclosed by more than 3 walls and and Fire Department - = -- standards. contain kitchen fa i es, ided that utility connectio . ireme " above, a unit is detached fro pri = structure the City's curr -nt Burl tchen facilities are permitted e considered as the main shall be considered e grilling area is not nts of the City's Building prove ■ cessory dwelling units may e acce sort' dwelling unit meets the provided that the accessory dwelling site. All kitchen facilities must meet andards. 510 Livabl `Race. ' _ s + ned and used for living, sleeping, eating, and 511 coo es. 512 Live -Wv ;f f if. A str ure combining residential living space for a group of 513 persons in re than four adults with an integrated work space 514 principally use . on =- •r more of the residents. The residential portion of the 515 live -work unit mu =' =' secondary to the primary space of work, and must consist 516 of cooking, sleep , and bathroom facilities in conformance with the Citv's 517 Building Codes. While live -work units are a hybrid of commercial and residential 518 uses, a live -work unit is a singular unit and may not be divisible in sale or rent. 519 Loading Space or Loading Berth. A space within the main building or on the 520 same lot, providing for the standing, loading or unloading of trucks, having a 521 minimum dimension of 12 by 35 feet and a vertical clearance of at least 14 feet. 522 Lodging House. Same as boarding house. —293 - Li API 1∎1_TI1RICUARPf \I Piann;nv C.nmmission12010 PC1Draft Article 3 Amendment.doc Draft Article 3 "Definitions" Amendment Page 14 of 26 523 Loft The floor placed between the roof and the floor of the uppermost story 524 within a dwelling unit, of which is not typically more than one -third of floor area of 525 the room in which it is placed. 526 Loft Building. A multi- storied building, often with higher ceilings and wider 527 columns than a comparable office building. Often used for rehabilitation to 528 residential dwelling units, art galleries, and general office space. 529 Lot A parcel of land, which may include one or more platted lots, occupied or 530 intended for occupancy by a use permitted in this Ordinance, including one main 531 building together with its accessory buildings, the yard areas, and parking spaces 532 required by this Ordinance, and having its principal froc` .- upon a street or 533 upon an officially approved place. 534 Lot Area. The total horizontal area within the lot h 535 Lot Corner. A lot abutting upon two or more 536 Lot Depth. The distance from the front s 537 the mean direction of the side lot lines. 538 Lot Interior. A lot whose side Tin • r Tines do not upon any street. 539 Lot, Through. An interior lot having : -son tw 540 Lot Width. The mean distance betty:`:- .,.e <<;_ measured at right angles 541 to the depth of the to at their in ction. 9 e rear lot lin: e - asured in 542 543 544 545 546 547 548 549 550 551 552 553 554 Manufactured according to the Developme ucture, co �.; tr cted on or after June 15, 1976, ited Stat Department of Housing and Urban ore sections, which, in the traveling ore in w `i th or 40 body feet or more in length, or, r , ore square feet, and which is built on a esig to be used as a dwelling with or without a n c nected to the required utilities, and includes the ditioning, and electrical system. The term does not ehicle as that term defined by 24 C.F.R. Section 51, 02/18/97) mode, i ``•'' when per perman �° :• plumbing, include a re:'; 3282.8(g). (Ordi ected on t chassis a undation 'rig, air tional 22851, 02/18/97) 555 Manufactured Home Park. An area of land on which two or more manufactured 556 homes, being used for living purposes, occupy rental spaces. (Ordinance 22851, 557 02118/97) Draft Article 3 "Definitions" Amendment Page 15 of 26 558 Manufactured Home Subdivision. A subdivision designed and intended for 559 residential use, where residence is permitted in manufactured homes, each being 560 located on a separate lot. Such subdivision may retain a central management 561 and may be operated as a condominium, retaining ownership of streets and 562 common open spaces. (Ordinance 22851, 02118197) 563 Marina. A boat basin or pier with facilities for berthing and securing all types of 564 recreational craft, as well as providing adequate supplies, provisions and 565 recreational, service and fueling facilities. 566 Medium Wind Energy Unit. A wind energy conversion unit consisting of one 567 wind turbine and designed to supplement other electric :5 : • urces for existing 568 buildings or facilities, from which the power gener is used for on -site 569 consumption. A medium wind energy conversion uni -1= x; =total rated capacity of 570 20 kW to 100 kW. (Ordinance 028407, 11/10/09) 571 Mini - storage, enclosed. A building or gro a 6 ildings di s into separate 572 compartments for temporary storage of pe4::nal go • ds. Each co : . - rt ent may 573 not exceed an area of 400 square feet. fr' -torag uilding or b ings shall 574 not exceed one story, fifteen feet in height. (O= =; ga- ► r: 4566, 0812. '11) 575 Mixed-Use Building. A buildin 576 single development of more tha 577 horizontally, where the different tvp 578 buildings are functionally integrate 579 accesses and parki . eas and 580 com •Iementa co !e. ontaininq mo _ ,an one type of use or a building a s either vertically or are in cl _' . proximity. Mixed use parking and pedestrian pre e ' : planned as a unified, 581 Mixed-Use De 582` two or more differe 583 commerc:_ ivic, 584 Uses 585 met tract of Ian Lildinq, or structure, developed for t not limited to, residential, office, nd food and beverage establishments. 1Iv, vertically, or through a combination of both S86 "Mobil Nome means a structure that was constructed before 587 - transp •?_: ble in one or more sections, which in the traveling 588 •_ fe: or more in width or 40 body feet or more in length, or, 589 -, is 320 or more square feet, and which is built on a 590 permanent chassi • r'. nd designed to be used as a dwelling with or without a 591 permanent foundation when connected to the required utilities, and includes the 592 plumbing, heating, air - conditioning, and electrical systems. (Ordinance 22851, 593 02/18/97) Mobile June 15, 1 mode, is eigh when erected o 594 Modular Home - Residential. A residential structure that is designed for the 595 occupancy of one or more families, and is constructed in one or more modules or 596 constructed using one or more modular components built at a location other than 597 the permanent site. Modular homes constructed for single- family purposes are a 598 permitted use in districts where single- family uses are permitted and must 599 comply with the Housing and Urban Development (HUD) Regulations, the Texas —295 - u• \nr - ni_n1R\CUARFn11 Planning Cnmmission12010 PC\Draft Article 3 Amendment.doc Draft Article 3 "Definitions" Amendment Page 16 of 26 600 State Department of Insurance Wind Load Factors for the Corpus Christi area, 601 and the Corpus Christi Building Code. 602 Mote!, Motor Court, Motor Hotel or Motor Lodge. Same as Hotel, except that 603 the building or buildings are designed primarily to serve tourists traveling by 604 automobile and that ingress and egress to rooms need not be through a lobby or 605 office. 606 Nonconforming Lot. A nonconforming lot of record shall be any legally 607 established parcel that does not conform to the development standards of the 608 zoning district in which it is located. 609 Nonconforming Use. Any building or land lawfully 610 time of passage of this Ordinance or amendment the 611 after the passage of this Ordinance or Amend 612 annexation to the City, with the use regulati 613 situated. upie• by a use at the ich does not conform to, or subsequent t in which it is 614 Office, Medical. A structure in whic re of the o . provide 615 medically related services. 616 Open Space. Open -air land a ,- water areas T' ned for use as active or 617 passive recreation areas or for r ` - protectio d ■o not include areas 618 used for buildings (except open -air .avilions,: pervious street rights - 619 of -way, impervious driveways, or off- - - • : nd •ading areas. 620 Open Space, Co 621 designed or int 622 develo• ment a 623 impervious right-of- 624 otherwise 625 Ordina pen -air s =ces wit a development which are use an eniovment of the residents of the ts. Com o•en space does not include eways, or parking areas, unless n the standards of the City's Zoning 626 Opn 627 • eneral 628 Outside Re 629 primarily retail s 630 631 632 633 634 (1) (2) (3) e maintained for the use and eniovment of the An unenclosed area used as an accessory use to a to display items for sale. When allowed, such area: Shall be li ted to ten feet of the retail sales store -front which fronts the front yard. Shall not extend greater than 50% of such retail sales store - front. Shall not encroach upon minimum yard, minimum parking area, or fire lane. 635 Outside Retail Sales Area. An unenclosed area used as an accessory use to a 636 primarily retail sales use to accommodate customers and contain items for sale 637 beyond the allowable outside retail display area. This definition does not include 638 outside areas related to the sale or rental of portable buildings, automobiles, Draft Article 3 "Definitions" Amendment Page 17 of 26 639 boats, boat trailers, motorcycles, HUD -code manufactured homes, or recreational 640 vehicles. Where allowed, outside retail sales areas: 641 642 643 644 645 646 647 648 649 650 651 652 653 Are limited in area to 15% of gross floor area of primary uses of 3,000 square feet or Tess, to 450 square feet for primary uses over 3,000 square feet and less than 4,500 square feet, and 10% of gross floor area for primary uses over 4,500 square feet. Are required to be screened from view from adjacent properties, including public right -of -ways, with a solid screen of not less than six feet in height and at least as high as the materials being screened except for growing plants. Shall not encroach upon minimum yards, minim lanes. Shall be considered as retail sales floor are parking, loading, open space and floor area street yard. (Ordinance 22851, 02/18/97 654 Outside Storage. An area used for the u 655 continuous period in excess of 24 hour ;'l 656 site, other than outside retail display, outside 657 to the sale or rental of portable buildings, a 658 motorcycles, HUD -code manu'= .:red homes, 659 (Ordinance 22851, 02/18/97) rking area, or fire rposes of calculating of for determining lacement o „ :.i -ms for a ment used 'mariiy off - es, ■ r outside : reas related biles, boats, boat trailers, recreational vehicles. 660 661 662 663 664 665 666 667 668 669 670 Parking, Shared. The approved us two or more uses in using the automo determined and the number of sh separate use roximity here th the City's s applied Parki and perma connecte affords satis • P treet parking spaces for the v'" .us uses are visited without arkinq equirement for each use as oning Ordinance may be met through the parking requirement of each pace, g an area reserve h a stre ry ingr all- weather surfaced area not in a street or alley an 180 square feet, exclusive of driveways, th temporary storage of one automobile and r alley by an all- weather surfaced driveway which and egress for automobiles. 671 Parking, Tande "= 4 parking space within a group of two or more parking 672 spaces arranged :;s> e behind the other that does not obstruct or overhang a 673 sidewalk, pathway, alley, or right -of -way. 674 Passive Recreation. Those recreational activities that do not require 675 development or alteration of the existing topography of a site, and may include 676 hiking, bicycling, picnicking, birdwatchinq, etc. 677 Premises. A lot, together with all buildings and structures thereon. 678 Promotional Event. A promotional event consists of carnivals, circus or similar 679 temporary amusement enterprise produced for a shopping center, major 680 business, public or semipublic use. —297— u.snt .RT nrnscuA DF'rI 1 Dio,,,,i„n r r,mmiceinnV)nl fi PClilraft Article 3 Amenriment.dnc Draft Article 3 "Definitions" Amendment Page 18 of 26 681 Rated Capacity. The maximum rated output of electric power production 682 equipment. This output is typically specified by the manufacturer with a 683 "nameplate" on the equipment. (Ordinance 028407, 11110109) 684 Restaurants with Alcoholic Beverages. A food service establishment where 685 food is prepared and intended for individual portion service, and includes the site 686 at which individual portions are provided. The term includes any such place 687 regardless of whether consumption is on or off the premises and regardless of 688 whether there is a charge for the food. The term also includes delicatessen -type 689 operations that prepare sandwiches intended for individual portion service. The 690 term does not include private homes where food is pr- eared or served for 691 individual family consumption, retail food stores, the Is' ' . of food vending 692 machines, and supply vehicles. A feature of the esta. , merit is the retail sale 693 of alcoholic beverages provided the gross receipt r ` he sale of alcoholic 694 beverages sold by the holder of the alcoho bev- e permit for the 695 establishment are 75 percent or less of t ::.•t =! gros " :; eipts from the 696 premises. Gross receipts will be either the oss sales repo :` ` for sales tax 697 purposes or the gross sales reportable f• , .les to ;-s and gross :ts taxes 698 for those establishments paying gross re ei • , xes ensure co 'lance with 699 this definition for classification of the establish s a estaurant, the alcoholic 700 beverage permittee shall provid - upon reques . a City Code Enforcement 701 Official verified copies of either; 702 703 704 705 706 707 708 709 710 711 712 713 714 715 The previous quarterly or the the gross receipts tax reports the gross rece' The previo re - other inf• `_' +n or • alcohol sales, T e p to pr the ■' M; -� r . .- or nths alco uments s ttee does ee mon$ y sales tax reports and rod, if the permittee pays sales and sales tax information and nt to determine the percentage of pay the gross receipts tax. Failure sted or accurately maintain required evident= that the establishment is a "Tavern, s rvice establishment that has been issued a rcate by the Texas Alcoholic Beverage eemed a restaurant in compliance with the finition. Entertainment may be allowed provided such closed within the building structure. (Ordinance 22693, unge, or d and be ission sh s of this nt is pro ente 08/27/9 716 Restaurants wif ut Alcoholic Beverages. A food service establishment 717 where food is prepared and intended for individual portion service, and includes 718 the site at which individual portions are provided. The term includes any such 719 place regardless of whether consumption is on or off the premises and 720 regardless of whether there is a charge for the food. The term also includes 721 delicatessen -type operations that prepare sandwiches intended for individual 722 portion service. The term does not include private homes where food is prepared 723 or served for individual family consumption, retail food stores, the location of food 724 vending machines, and supply vehicles. The term includes the sale of 725 nonalcoholic beverages. Entertainment may is allowed providing such 726 entertainment be enclosed within building structure. (Ordinance 22693, 08/27/96) Draft Article 3 "Definitions" Amendment Page 19 of 26 727 Rooming House. Same as boarding house. 728 Servants' Quarters. An accessory building or portion of the main building 729 located on the same lot as the main building and used as living quarters for 730 servants employed on the premises and not rented or otherwise used as a 731 separate dwelling, and shall not have kitchen facilities or separate utility meters. 732 Service Station. Any building, structure, or land used for the dispensing, sale, 733 or offering for sale at retail, automotive fuels, oils, or automotive accessories, and 734 containing service bays for minor automotive repair only. 735 Sexually Oriented Business. Sex parlor, nude studio 736 parlor, adult bookstore, adult movie theater, adult vi 737 arcade, adult video store, adult motel, or other corn 738 business of which is the offering of a service or the 739 devices or any other items intended to prov 740 gratification to the customer. (Ordinance 225 741 Shopping Center. A group of four or m 742 developed and managed as a unit. 743 Sign. The term "sign" shall me 744 letter, figure, character, mark, 745 trademark, or reading matter whic 746 attention, convey information, identi 747 goods or service whe 748 public. The term s 749 state, city, or oth 750 civic, or religiou !ling, xual 1/96) deling studio, love arcade, adult movie nterprise the primary ilting or exhibiting of lation or sexual establishm planned, and include oint, des or inten device, structure, frame, icture, stroke, stripe, to be used to attract establishment, product, f the off - premises general the flag r pennant, or insignia of any charitable, educational, philanthropic, 068, 12/14/04) 751 Sign Are 752 figures 753 extr 754 the a 755 pylon, or 756 determining 757 counted if th 758 Supports to any 759 support, nor be ot same is ot includ it, or of a (Ordinance a "'_;=,:tq =?' ding the outer extremities of all letters, eations or within a line including the outer ork ►,- kground of the sign, whichever line includes ort he sign background, whether it is a column, a rt thereof, shall not be included in the sign area. In f a double -faced sign, only one face of a sign shall be s are parallel, and not more than 36 inches apart. all not bear or support any light or lights on or within such than one color which shall be a metallic or neutral color. arac es of the fr rea. The uilding or sign are of f 760 Sign, Banner. A sign made of fabric or any non -rigid material including flags 761 and pennants other than those enumerated in Section 3 -1.55. 762 Siqn, Blade. A small, pedestrian- oriented sign that projects perpendicular from 763 a structure or is hung beneath a canopy and perpendicular to the structure. 764 Sign, Freestanding. A sign supported by a structure or structures extending 765 from the ground and not attached to a building. Banners are excluded. —299 - U.1131 XT_r711?IC1 -16Rpm' Planning (nmmicsinn17010 PC\Draft Article 3 Amendment.doc Draft Article 3 "definitions" Amendment Page 20 of 26 766 (1) Billboard. (See Sign, Off - Premise.) 767 (2) Directional Sign. An off - premise sign whose content is limited to 768 identification information of a specific property located elsewhere and 769 which tells the location of or route to that property. 770 (3) Ground Sign. A low - profile sign which is erected on a vertical framework 771 consisting of two or more uprights, supported by the ground. 772 (4) Monument Sign. A sign supported by a solid base or platform to which 773 such sign is affixed forming a sign structure of low profile in nature. The 774 height of a monument sign includes the base. 775 (5) Pole Sign. A sign, high profile in nature, which is erected on a vertical 776 framework of one or more uprights, supported by the round. 777 (6) Portable Sign. Any sign designed, constructed ' `" : ailed to be easily 778 moved from one location to another or reuse •a: =! his definition includes, 779 but is not limited to; A -frame signs and sign _: • ;�:: d or designed to be 780 mounted upon a trailer, wheeled carriage • =other a- motorized mobile 781 structure, with or without wheels. 782 Sign, Flashing. Any illuminated sign o ; s ich the artificial or r= f.., -a Tight is 783 not maintained stationary and constant i i ity a;':_color at all ti ''=s when in 784 use Any revolving illuminated sign shall be c•`= _ ; . -d a- flashing si•n. 785 Sign, identification. A sign whi•' �,•es not adve commodities or services, 786 but displays the name and addres ;` _ - stablishm_tetievelopment located 787 on the premises and management t 788 Sign, illuminated. R= . --,' designee'": ive fv "`'= rtificial light, or designed to 789 reflect Tight from o :- :iLF r ources o rtificial I ght erected to provide light for 790 the sign. 791 792 793 Sign, Off- premise. or entert premi n whicllr'= 794 Sign, 795 is locat establishment, merchandise, service, ced, manufactured, or furnished on the pertains to the use of the premises on which it 796 Sign, Wall. a;� ed parallel to and projecting not more than 18 inches 797 from the wail o , ., Tiding or structure, and in no case projecting above the 798 height of the bui.'ing. This definition includes painted and/or illuminated 799 individual letters, cabinet signs, and signs on a mansard roof. 800 Special Event. At a bed and breakfast home with special events (B &B /SE) with 801 a Specific Use Permit (SUP) under Article 25A, a special event includes a 802 baptism, bridal tea, charity fundraiser, corporate banquet, family reunion, 803 graduation party, office party, private dinner party, photo shoot, political 804 fundraiser, quinceai' era, reception, wedding, wedding reception, or similar type 805 of functions being held on the premises by a guest who has provided 806 compensation for the use of all or a portion of the premises. (Ordinance 24580, 807 09/11/01) Draft Article 3 "Definitions' Amendment Page 21 of 26 808 Small Wind Energy Unit. A wind energy conversion unit designed to 809 supplement other electricity sources for existing buildings or facilities, from which 810 the power generated is used for on -site consumption. A small wind energy 811 conversion unit has a total rated capacity of up to 20 kW. (Ordinance 028407, 812 11/10/09) 813 Story. That portion of a building, other than a basement, included between the 814 surface of any floor and the surface of the floor next above it; or if there be no 815 floor above it then the space between such floor and the ceiling next above it. 816 Story, Half A space under a sloping roof at the top of the building, the floor of 817 which is not more than two feet below the plate, shall be ted as a half -story 818 when not more than 60 percent of said floor area is w'-d for rooms, baths, or 819 toilets. A half -story containing an independent apa r,'= r living quarters shall 820 be counted as a full story. 821 Street. A public 822 abutting property. 823 Street Line. A 824 contiguous street. 825 Street Setback. The street setba 826 property right -of -way (R.O.W.) line 827 Street setbacks are required along 828 and street R.D.W. lin- - the sam 829 setbacks are desig!4; street s 830 requirements. thoroughfare which afford dividing line between a rincipal m of access to e minimum ilding 1- parcel of and and a th equired between the or - exempted structure. a I• where the property line tho ` =` ening districts where street acks wil • a used in lieu of front yard 831 Structure. Anything, - `' -nce .instructed or erected, which requires 832 location o r nd, ach ething having a location on the ground, 833 includi , `but ite• -;_r advertising signs, billboards, poster boards, 834 buil+ ::` poles, - tow= =.:, s anes, smokestacks, earth formations and 835 ov- - - ' - ansmission` :;',-s. (Q. finance 23612, 04/13/99) 836 Structural Lions. ny change in the supporting members of a building, 837 including, bu sk: limi ; • to, bearing walls or partitions, columns, beams or 838 girders, or any s► __ ::'' al change in the roof or in the exterior walls. 839 Survival Wind S eed. The maximum wind speed, as designated by the wind 840 energy unit manufacturer, at which a unit, in unattended operation (not 841 necessarily producing power) is designed to survive, without damage to any 842 structural equipment or components of the system, or loss of the ability to 843 function normally. (Ordinance 028407, 11/10/09) 844 Target Area. Predesignated areas of the community where loans, grants, 845 specific planning techniques, or funding are applied to bring about a desired 846 outcome (e.g. rehabilitation, infill development, areas where tax incentives, tax 847 abatements, or reduced fees will be applied, etc.). —301— 'LIA T l i_n,R \cuARM\1 Planning rnmmission12010 PC \Draft Article 3 Arnendment.doc Draft Article 3 "Definitions" Amendment Page 22 of 26 848 Taverns, Lounges, or Bars. A use engaged in the retail sale of alcoholic 849 beverage, for on premise consumption provided the establishment derives more 850 than 75 percent of the establishment's gross revenue from the on- premise sale of 851 alcoholic beverages. A tavern, lounge, or bar may include entertainment 852 providing such entertainment is enclosed within the building structure. 853 (Ordinance 2693, 08/27/96) 854 Telecommunications. The transmission, between or among points specified by 855 the user, of audio and/or visual information of the users choosing, without change 856 in the form or content of the information as sent and received. (Ordinance 23612, 857 04/13/99) 858 Telecommunications Facility. A telecommunicati tower, antennas, and 859 related equipment buildings, but the term also Inc ;;:y`= ° "_- ntennas and related 860 equipment installed on roof tops. (Ordinance 2361 art. 861 Telecommunications Service. The offeri := o lecommu,ons for a fee 862 directly to the public, or to such classes r, users . s to be effe available 863 directly to the public, regardless of _ . iiities sed. (Ordin T a 23612, 864 04/13/99) 865 TIAIEIA -222. Telecommunicati+ k Industry Ass : =; tion /Electronics Industries 866 Association Standard 222, "Structr':�' ndards for ;=- lntenna Towers and 867 Antennas Support Structures." (Ord/' 12, 04/1 868 Total Unit Height. T 869 or tower, including t 870 (1) 871 872 (2) 873 tance fro length of For horiz. n and the highes For e highest point on the unit exten • ns, such as the rotor blade: energy u the distance between the, ground orb! a in its vertical, upright position. the distance between the ground and haft. (Ordinance 028407, 11/10/09) 875 Tower, El 876 (15 meters) i 877 not include lo 878 designed to provi 879 04/13/99) sion. A self supporting structure in excess of 50 feet igned to support high voltage electric lines. This does or distribution poles (with or without transformers) lectric service to individual customers. (Ordinance 23612, 880 Tower / Turbine, Guyed. Any telecommunications tower or wind energy unit 881 supported in whole or in part by cables anchored to the ground. (Ordinance 882 028407, 11/10/09) 883 Tower, Height. The distance measured from grade to the highest point of any 884 and ail components of the structure, including antennas, hazard lighting, and 885 other appurtenances, excluding lightning rods. (Ordinance 23612, 04/13/99) Draft Article 3 "Definitions" Amendment Page 23 of 26 886 Tower, Monopole. A self - supporting tower which consists of 887 a single vertical pole fixed into the ground and/or attached to a foundation. 888 (Ordinance 23612, 04/13/99) 889 Tower, Self - supporting Lattice. A telecommunications or wind energy unit 890 which consists of an open network of metal braces forming a tower which is 891 usually triangular or square in cross- section. (Ordinance 028407, 11/10/09) 892 Tower, Telecommunications. A self - supporting lattice, monopole, or guyed 893 structure more than 20 feet (6 meters) in height, built primarily to support one or 894 more telecommunications antennas. (Ordinance 23612, 04/13/99) 895 Townhouse/Townhouse Lot. A single- family dw= ; g 'nit design as a 896 freestanding structure with a separate wall abutting ? ached to an adjoining 897 single- family dwelling unit in a townhouse group. _'- to `Pw•use group shall be 898 comprised of two and not more than ten cont ',d o town =;; es with abutting 899 walls. Such use shall be developed on a s �- wix the intent ` -•f separate lot 900 and dwelling unit ownership. 901 Traditional Neighborhood Development 902 neighborhood that offers a variety of housing ty 903 civic or community buildings, gre ,.t •aces, store 904 of activities and employment. al neighb 905 centers and defined edges and p ability, 906 reliance on the automobile, alleys, 907 optimum size of a tra•: :. -.� -I neighbo 908 the edge. The -1 neigh 909 neighborhood c•.1 w ave been 910 1940s. compa mixed -use nd prices, prominently sited d offices to provide a mix have recognizable eased densities, less ted to the street. The is a er mile from the center to rhood • evelopment design models n place from colonial times until the 912 (1) 913 914 915 (2) 916 917 (3) 918 919 920 (4) 921 922 us Pick as a to Motor H recreational ortable structure built on a chassis, designed dwelling for travel, recreational and vacation tructure designed to be mounted on a chassis for use elling for travel, recreational and vacation uses. A portable, temporary dwelling to be used for travel, nd vacation uses, constructed as an integral part of a self- propelled vehicle. Camping Trailer: A folding structure, mounted on wheels and designed to be used as a temporary dwelling for travel, recreational and vacation uses. -303 - H:1PLN- D1R'.SHARED\1. Planning Commission12010 PC1Draft Article 3 Amendment.doc Draft Article 3 "Definitions' Amendment Page 24 of 26 923 Transit - Oriented Development (TOO). A high - density, mixed -use development 924 typically located within a 1/2 mile walking radius of a transit station consisting of 925 residential retail office and public uses in a edestrian- oriented manner making 926 it convenient for residents and em io ees to travel by transit bic cle foot or car 927 thereby decreasing parking needs and reliance on an automobile, and increasing 928 employment opportunities for local residents. 929 Travel Trailer Park. A parcel of land in which two or more spaces are occupied 930 or intended for occupancy by trailers for transient dwelling purposes. 931 Truck Stop. Any premise used for fueling, servicing, repairs, and storage of 932 heavy load vehicles such as tractor - trailers, commercial ■. trucks, and transit 933 vehicles which may include facilities such as restaura ;; ' restrooms, coffee and 934 gift shops, weighing facilities, and overnight accomm s. 935 Underground Shelters. A structure designed , tfIR prote of humans from 936 nuclear blast, heat or fall -out, the main port':' o ` hich is c by soil and 937 said soil covering does not extend more t two feet above gra• ' 4 n rdipary and 938 usual vents, hatches and other projectio r the `=:n portion of + f structure 939 are not included in this definition. 940 Vertical Axis Wind Energy Un ;.y + wind energ 't that utilizes a generator 94I and shaft that is positioned verti - - r■ endicular - ,_; h - ground. (Ordinance 942 028407, 11/10/09) 943 Wind Energy Unit. 944 rotation of the surfa 945 or other electrici 946 surface area in o 947 supporting structure, 948 consist o 949 11/10/ aft, gearin4= , or F °- w.'ing utilized to convert the ❑ a form table for riving a generator, alternator, .device to ' onvert the mechanical energy of the ergy, and , associated, tower, pylon, or Other her device. Wind energy units may energy system. (Ordinance 028407, 950 951 952 Yard, Front rd a• ass the full width of the lot extending from the front line 953 of the building to , t street line of the lot. 954 955 956 Yard, Rear. A yard extending the full width of the lot between a principal building 957 and the rear lot line. Where there is an alley, the depth of the rear yard may be 958 considered to extend to the centerline of the alley. 959 Yard, Side. A yard on the same lot with the building between the main building 960 and the adjacent side of the lot, and extending from the front yard to the rear yard 961 thereof. Draft Article 3 "Definitions" Amendment Page 25 of 26 962 SECTION 4. That the Corpus Christi Zoning Ordinance, approved on the 27th 963 day of August, 1973, as amended from time to time, except as changed by this 964 ordinance and any other ordinances adopted on this date, remain in full force and 965 effect. 966 SECTION 5. That to the extent that this amendment to the Corpus Christi Zoning 967 Ordinance represents a deviation from the Comprehensive Plan, the 968 Comprehensive Plan is amended to conform to the Corpus Christi Zoning 969 Ordinance, as amended by this ordinance. 970 SECTION 6. That any ordinance or part of any ordinance in conflict with this 971 ordinance is expressly repealed by this ordinance. 972 SECTION 7. If for any reason any section, par 973 phrase, word or provision of this ordinan 974 unconstitutional by final judgment of a court of 975 affect any other section, paragraph, sub 976 provision of this ordinance, for it is the 977 every section, paragraph, subdivision, 978 be given full force and effect for its purpose. subdivision, clause, held invalid or tent j ction, it may not clause, se, word or nt of this s ouncil that word or pro "'" • n hereof 979 SECTION 8. A violation of this • nance or re • ents implemented under 980 this ordinance constitutes an off nishable -ction 35 -3, Corpus 981 Christi Zoning Ordinance. 982 SECTION 9. Publicat'• ' hall be ma :` the n > `= I publication of the City of 983 Corpus Christi as re he City C rter of t City of Corpus Christi. 984 SECTION 10. 985 Ordinance. shall take =, t upon and after publication of this —305 - u.\P1 Ni_T]TR\cNARFT)11 Pinnninu C'nmmiss1on12010 PC\Draft Article 3 Amendment.doc Draft Article 3 "Definitions" Amendment Page 26 of 26 986 That the foregoing ordinance was read for the first time and passed to its second 987 reading on this the day of , 2010, by the following vote: 988 Joe Adame 989 Mark Scott 990 Larry Elizondo, Sr. 991 Brent Chesney 992 Chris Adler Priscilla G. Leal John E. Marez Nelda Martinez Kevin Kieschnick 993 That the foregoing ordinance was read for the seco 994 this the day of , 2010, by the f 995 Joe Adame Priscilla G 996 Mark Scott John 997 Larry Elizondo, Sr. Nelda Martine 998 Brent Chesney':' - schnick 999 Chris Adler 1000 PASSED AND APP '„y„ :: I is the day of 1001 ATTEST: 1002 1003 1004 1005 Arman• ap:T Joe Adame City ;r;retary Mayor 1006 APPROVED: Y d -, of , 2010: 1007 1008 R. Jay Reining 1009 First Assistant City Attorney 1010 For City Attorney to01 0 oo 171 ,) N (L.) (,) co ,4"4 N71- te, 0 EIC4 2r./ LC)) r--c 0 � p v (L) O � O ct) Q.)14-4N crg re U c) 0 . vg, ct 4—) viti v � � � c (1) O o,j \.; a a) V i a4 0 ;75( rd .._ (i) 7.1 ‘.. ›., 1J 4-4 r. v-4 75) -,—) > 0 rZ1) 4—i c-4 V li O 4) 4) 4) O — 4 cn _ a, e4- -4 4 X x 6 V 4) t ° 0 .'-� 6I) M 4) M 4-4 0 ic% Z '5)1:. .. 7-c z 0 cn a, O cit O ,er 4 a� 4' � V C)-+ }' a) O m I—+ ct N 0 • IP ^ ^ �1 ^ it?) 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PI 't • ■ • 6/28/2010 Compact and Clustered Development Overlay Zone Draft Ordinance 1 AMENDING THE CORPUS CHRISTI ZONING ORDINANCE BY ADDING A NEW 2 SECTION 24 -3 TITLE "COMPACT AND CLUSTERED DEVELOPMENT OVERLAY 3 ZONE REGULATIONS ", AND NEW SUBSECTIONS 24 -3.1, 24 -3.2, 24 -3.3, 24 -3.4, 4 24 -3.5, 24 -3.6, 24 -3.7, 24 -3.8, 24 -3.9, 24 -3.10, 24 -3.11, 24 -3.12, 24 -3.13, AND 24- 5 3.14, RELATING TO THE USE, REGULATIONS; AND REVIEW STANDARDS FOR 6 COMPACT AND CLUSTERED DEVELOPMENT; AND AMENDING CONFLICTING 7 PROVISIONS OF THE CITY'S COMPREHENSIVE PLAN; REPEALING 8 CONFLICTING ORDINANCES; PROVIDING FOR SEVERENCE; PROVIDING 9 FOR PENALTIES; PROVIDING FOR PUBLICATION; AND PROVIDING AN 10 EFFECTIVE DATE. 11 WHUREAS, with proper notice to the public. public heariNs were held on Wednesday, 12 , 2010, during meetings of the Planning Commission, and on Tuesday, 13 2010 and , 2010, during meetings of the City Council, in the Council 14 Chambers, at City Hall, in the City of Corpus Christi, during which all:- interested persons 15 were allowed to appear and be heard; and 16 WHEREAS, the Corpus Christi Comprehensive; Plan supports a range of. densities to 17 improve the affordability of housing, increase the cost; effe ctiveness of services, and offer 18 citizens the quality of life desired (Residential Policy b) 19 WHEREAS, the Corpus Christi Comprehensive Plan directE the City to promote infill 20 develGvim°nt on vacari '- raCtS or tats. n +id improve the :,ecanomic viability of infill 21 development through incentives that will attract private. investorResidential Policy "h'.), 22 WHEREAS, the Corpus Christi Comprehensive Plan encourages a contiguous, compact 23 growth pattern in areas' where_= .adjacent services already exist or can be economically 24 provided, and therefe requiring minimal improvements to the existing utility system 25 (Public Utilities Policyi ,: 3 26 WHEREAS, as . rt of the:City's{ planning effort, compact and clustered development 27 encourages tlhe'-oreatian of n�tare usable open space that is shared and centralized for 28 residents-�nf the development, a-S*required under the Grown: L N-=anagement Act; WHEREAS, the City Council ;;las,°determined treat the adoption o` this ordinance bast 30 serves the ;general welfare; of the `City and its citizens by providing a regulatory base for 31 ensuring neig orhood co patibility; maintaining harmony and character; and ensuring 32 growth in an ordeiy_;and desirable manner that will preserve the public health and safety; 33 NOW THEREFORE ::BEn IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 34 CORPUS CHRISTI: 35 S'=CTION 1. That the Corpus Christ; Zoning Ordinance is amended by adding a new 36 Sect; 24 -3 title "Comp: ":- and Clustered '' : " lopment Overiu lone Regulatio ;3::" to read 37 as follows. —319— 6 -29 -10 Draft Compact & Clustered Overlay Zone Ordinance Page 2 of 22 38 Section 24 -3. Compact and Clustered Development Overlay Zone Regulations. 39 24 -3.1 Purpose. It is the purpose of this ordinance to permit residential compact or 40 clustered development in order to: 41 1'Ai Encourage creative and flexible site design. 42 a Promote cost savings in infrastructure installation and maintenance by 43 such techniques as reducing the distance over which utilities, such as 44 water and sewer lines, need to be extended or by reducing the width or 45 length of streets. 46 Decrease or minimize nonpoint source pollution impac s by reducing 47 the amount of impery uus surfaces in site development. 48 21 Protect environmentally sensitive' areas of a development site and 49 preserve open space, natural feature, and prime - agricultural lands on 50 a permanent basis. 51 - Provide opportunities for social" interaction;: walking, and hiking in open 52 space areas. 53 24 -3.2 Allowances. 54 LAI The compact and , c.':uste ?ed development standards . :-.,jer this 55 ordinance are appliecs an'``overiav zone" and subject to the rules of S6 the underlying zone. in addition to :`the rules of the overlay zone 57 established under this Ordinance. n:, 58 Development under #his Ordinance applies to new development S9 '-and requires platting of individual Tots within the development. 60 (2� Where a conflict exists between the standards of the underlying 61 `= = distnct'.,and the compact and clustered development overlay 62 ` ' :°distriet,,` `the c+andards estabi• b d under the omnact and 63 Cinstered`Developi -�-t Overlay Zo1,c Ordinance shalt a ns 'v R f� �S 64 i The standards provided under this Ordinance may only be 65 applied to a compact and clustered development platted, 66 :developed, and constructed in accordance with this Ordinance. 67 Commercial use of dwelling units in a compact or clustered 68 development for commercial leasing purposes (i.e. leased for a 69 period of under 30 days) must comply with the international 70 Building Codes (IBC) and the City's Fire Departnn ant Codes. 6 -29 -10 Draft Compact & Clustered Overlay Zone Ordinance 71 (B) Permitted Districts. 72 73 74 75 76 77 A com •act- clustered develo Tamil attached sin ment consistin Page 3 of 22 of multi le sin le- le -famil detached or two -famil dwellin units shall be a permitted use in the R -A, R -1A, R -1 B, R -1 C, R- TH, R -2, A -1, A -1A, A -2, AT, AB, BD, B -1, B -2, B -2A, and B-41 Zoning Districts when platted, developed, and constructed in accordance with this Ordinance. 78 j A compact - clustered development consisting of multiple single - 79 family attached, single - family detached ;or two - family dwelling 80 units shall be considered in the F -R ' RE,1 -1, and 1 -2 Zoning 6 ; DistriCs. through the rezoning process to one of the Zoning 82 Districts listed under Section. 724- 3.2(B)(1) above, and when 83 platted, developed, and constructed ii accordance with this 84 Ordinance. Ar:;: 85 al All principal uses authorized in the applicable residential zoning 86 district(s) shall be all'awed in the cluster development.' _- M 87 Minimum Acreage. A residential`rnpact or clustered development 88 consisting of 1 acre or greater shall`be�permitted in any zoning district R9 allowing for residential -.uses 7.ursuant- td':the standards outlined under 90 this ordinance. - 91 Density. 92 (1 ) _:'°- When:platted under the standards of this Ordinance, a compact 93 or clustered development may not exceed the maximum density 94 permitted within the Underlying zoning district 95 ' When pfattedVunder->the standards of this Ordinance, a compact 96 w:3 =: ; ` _a- o icftustered development may not exceed a maximum density 97 of 9.6S dwelling units per acre in any zoniiio district. 98 L'The minimum. density permitted within a compact- clustered 99 " development is 4 dwelling units per acre. 100 __- The maximum density permitted under Section 24- 3.2(D)(1) and 101 ° > -- : Lf2) above may be exceeded if the developer agrees to 102 Ky ` `'" implement one or more. of the density bonus techniques outlined 103 under Section 24 -3.7 below. 104 tEl Impervious Coverage AI!rlwance. The maximum impervious 105 coverage c. the entire devcionrnent cannot a ^ed 65% of ti;:. 106 ,:,evelopment boL -res. 107 24 -3.3 Platting Restrictions. New development of sites consisting of 1 acre or 108 greater can be platted, or replatted, as small lot clustered developments for 109 single - family attached or detached dwelling unit use as follows: 110 iN All Tots within the proposeusster development must be platted. . • - - 1 A ncfI4 ni...,... .mart F4 Amnnriment 6 -29 -10 111 112 113 114 Draft Compact & Clustered Overlay Zone Ordinance Page 4 of 22 al Each compact or clustered development must have a Home Owner's Association or another designated managing entity approved by the City for the maintenance of common facilities, drives, alleys, pedestrian paths, open space, parking areas, and stormwater maintenance onsite. 115 12 Proposed deed restrictions must be submitted with the plat and must 116 state that individually platted Tots and common open spaces, within the 117 clustered development, will not be further divided into smaller tracts. 118 The deed restrictions must be noted on the plat and recorded, and are 119 enforceable through the Home Owner's Association or another 120 assigned managing entity approved by the Cibi. 71 1111 Where a Home Owner's Association is =assicned as the ma +:u inq 122 entity of the development, the covenants; conditions. and restrictions of 123 the development will be automaticalfv reneviiable at the end of the 124 established term unless 51 % of `tine members agree to dissolve the 125 association and the dissolution 'of the association is approved by the 126 City. ‘ Us 127 al Platting or replatting of lots must not crate'flaq lots or inaccessible Tots 128 within the development, unless th ' naccessible portion of the lot is 129 part of the required common open space.onsite and shown on the plat. 30 24 -3.4 Required Commun Open'tpce:: 131 Not less than 35 percent of :the site.sha11 be conveyed as common 132 open space and shall be applied to ttie "entire development site rather 133 tharaF fv `ant' individual lot: 134 Forty percent- of the totaP'square footage or acreage required for 135 comb on open::space may consist of active recreational features (i.e. 136 a . swimmin- `ools tennis:_cao6r la rounds while the remaining 60% 137 ;-:must consist of pervious%urfaces for passive recreational use . ;8 Common :rt space may include undevelooble areas such �s 139 _: ;- wetlai ds1 creeks, and onsite vegetated stormwate dry detention 140 basins ;plannedfor the site as outlined under Section (F) below, tm 141 _ The required common open space must be continuous, shaped for 142 , passive or active recreationkand must not measure less than 5 feet for 143 a maximum distance of 20 linear feet, with exception of extraordinary 144 circumstances such as the use of a walking bridge to cross a 145 stormwater ditch or other unusual topographical situations onsite, in 146 which case the minimum width /maximum distance requirement may be 47 extended. 148 1'I Parking areas, impervious surfaces, impervious right -of -ways, 149 impervious driveways, right -of -way yard setbacks, individual lot yard 150 setbacks, and spaces between buildings of ten feet or less in width do 151 not qualify as common open space. 6 -29 -10 Draft Compact & Clustered Overlay Zone Ordinance Page 5 of 22 152 LEI Alternative Compliance Options. Compliance with the common 153 o +en space requirement can be met b im•Iementin• one or more of 154 the following options: 155 al Exclusive Use by Residents. The required common open 156 space onsite (e.q., private trails, passive and active recreational 157 areas) can be dedicated to a Home Owner's Association who 158 will be responsible for the maintenance of the common grounds. 159 M Public Recreational Use. The common open space provided 160 within the development boundaries may be contributed toward 161 the Community Enrichment Fundrland dedication and fees 162 required by the City for new development, provided that the 163 common open space provides atleast :one recreational element 164 (i.e. preen space /small park, i64-ging orlwalkinq trails, etc.) that 165 is available and open to - e public, aril: :provided that the 166 maintenance of the common open space is °maintained by the 167 Home Owners` Association or other designated _.managing ter,-., 168 anti 159 al Wetlands as Open Space: 170 f Non - jurisdictional wetlands, i.e. those for .`rich impacts 171 would vnct require a USAGE permitting process, may be 172 countedin a 2:1:ratio (i.e. twv- acrt:s of open space credit 173 for everOone iarAtwetland preserved) up to 50% of 174 the total dperi space reati rement if incorporated into the 175 -` :design of the compact 6r clustered development property 176 boundaries. . 177 Preservation of`iurisdictional wetlands (those for which 178 imaact&would require USACE permitting) can be used in 179 --a 1:1 ratio to offset up to 50% of the total open space 180 =s J !i'eouirement if incorpora' -.:! into the des cn of the 181 de relopmei ;, -property bounda:: ,, 182 Leil Sformwater and Wastewater Management Techniques. r.;Y 183 - Vegetated stormwater dry detention ponds and common 184 drainfield designs (or other preferable infiltration -based or 185 retention -based systems, designed and sized in 186 accordance with, and acceptable under, the Best 187 Management Practices Manual) planned onsite may be 188 counied towards the cc: -nr non open space requirement 189 using a ratio to offset ;41 in 50% of the tc',:l nnen 190 space requirement, if incorporated into the design of the 191 compact - clustered development property boundaries. -323- +r ni nia►esaLt •r •, ❑lanninn C.rnmmi< !.1\2010 PCIComoac r : ,`'!stered Draft At, • ^!r.••••^` -doc 6 -29 -10 Draft Compact & Clustered Overlay Zone Ordinance Page 6 of 22 192 I) Construction plans detailing the construction of the 193 vegetated swales, dry detention pond components, and 194 wastewater systems proposed onsite, including target 195 side slopes, depths, retention time, proposed plant 196 species, and a long-term maintenance plan must be pre - 197 approved by the Development Services Department ACM 198 or their designee. 199 01 Plazas & Courtyards. Where pedestrian (non- vehiculari 200 plazas or courtyards are incorporated into the design of the 201 project, the square footage of plaza or -courtyard areas that 202 incorporate at least three of the features listed below may be 203 contributed toward up to 100%'_:ofIthe common open space 204 required onsite: " ^ �° Y 205 Special interest planting a wide range of plant 206 materials including perennials and drought tolerant 247 flowering shrubs. A minimum of 50 %prof the plant 208 material used-4611 provide seasonal flower'andfor foliage 209 color. °° . 210 { Pedestrian scale, bofliard, or other accent lighting in 211 �. � .�� .- accordance with the Illuminating Engineering Society of 212 Nord; An rkca's- (IESNA) "Guideline for Se::.urity Lighting 213 for People, Propec_ty,�and Public Spaces ". 214 : - ,°� '�. ..,:: A Special porous paving; such as colored /stained pervious 215 ".. concrete, pervious brick, or elevated decks constructed 216 : over earthen. ground (not over slab), and utilizing 217 ;`.methods that allow rainwater to reach and infiltrate into 218 y lte round below. 219 Seating, Stich as benches, tables, or low seating walls. 220 i rirrt-um Cvnnmc:: Ten Space Altt. --:�tive Compliant-- 221 ,. a Where the common open space in a residential compact or 222 cluster development is conveyed by one, or through a 223 _= combination of the methods above, no more than 50% of the 224 ."L_`='=. s Common open space can be achieved utilizing these methods 225 (excluding the plazas and courtyards listed above, or buffers 226 required between two zoning districts, which can contribute up 227 to 100% of the requirement). 228 229 230 231 232 233 234 A deed reu'-ir.tion enforceable t-,, the Homeowriv Association or another designated managing entity shall be recorded that provides that the common open space shall be kept in the authorized condition(sland not be developed for principal uses accessory uses, parking or roadways. Failure to keep the common open space in its authorized condition shall be considered to be in violation of the City's Zoning Ordinance. —324 — 6 -29 -10 Draft Compact & Clustered Overlay Zone Ordinance Page 7 of 22 235 24 -3.5 236 237 238 239 Development Characteristics and General Standards. The following rovisions shall a 1 to an residential corn act or clustered development Iicable residential zonin re ardless of the eneral re uirements of the a district: fAi No minimum width or depth of a lot shall apply. 240 Oil A minimum separation of eight feet shall be provided between all 241 principal buildings and structures, separation footage shall increase by 242 one foot for each additional story added. 243 fg There must be a minimum eave separation of six feet, with an 244 additional one foot separation between eaves added for each 245 additional story. 246 - Front and rear yard setbacks for •individual unit :lots must equal a 247 minimum of 15 feet combinedd must not be IessAhan five feet for 248 either yard. -c.r 249 Q Buildings located along a public`streetshall not be located within 10 250 feet from the front property line cif1he project site along the public 251 street (i.e. street yard). This stand i does not apply to the individual 252 dwelling units witk it 'the project site 1eated on private alleys or local 253 street:'. 254 Single- Family Attached and T iii4Family'Requirements. Single - 255 family: attached and twee- family duptei dwelling units may be permitted 256 for- n act or cluster& development located in a residential zoning 257 district thabes not otherwise allow attached single- family and two - 258 family attached dwelling = ;,.units, through the master planned 259 deveoopmen 'process, and !lfeveloped according to the standards of 260 this Ordinance:4 , 261 Thelot and both units of a two - family attached vertical duplex 262 . _unit (r1:46 118,2) rrr : _the owned by the same owner. _sly 263 264 ��.t[7i Al r1ID%QL1M —325— rInnninri r'rimm - ` ?r110 PCIComoac •'•Ictered DraftArn: 6 -29 -10 Draft Compact & Clustered Overlay Zone Ordinance Page 8 of 22 265 L221 All single - family attached and two - family duplex dwelling units 266 must be constructed as follows: 267 A maximum densi of 1 sin le -famil attached dwellin 268 unit or (1) two- family duplex dwelling unit per lot is 269 permitted. 270 211 The heights of proposed vertical duplex dwelling units 271 located within a flood zone may be increased, to 272 measure no more than 28 feet at the ridge (two stories), 273 as measured from the point designated as one foot 274 above the Base Flood Elevatioh BFE). 275 .: ;� .�,:;. The height of the two units`vvithin -a horizontal duplex unit 276 must measure within foul feet of each other, 277 The predominantrovf pitch of each urof the duplex unit 278 must be the same, and roof eaves mustproject the same 279 distance fronUtl e building wall. 280 ) The exterior #finish r terial of each dwelling unit within 281 the duplex must be the$same, or visually match in type, 282 size'and- placement. Y. 283 ff Trim must be,the.same in tyPe, size and location fx 284 each unit: =�G ,- 285 r` s Windows fnr "each duplex dwelling unit must match in ro ortion and d orientation 286 287 for horizontal :and vertically- constructed duplexes, at 288 �.F _..�.�. ;,. 1east bne- covered front porch must be provided along the 289 front facade of a unit to equal a minimum of 50% of the 290 Klen ,r th of the front facade. =rte Horizontal u _i,,lex units may pry; . -de a shared frog' 292 porch. 293 294 295 296 297 298 30(i 301 2. Horizontal duplex units located on a corner must provide a covered front porch for both unit entrances. Comer Lots. On corner lots, each unit of a horizontal duplex must have its address, and front door oriented to a separate ,greet frontage, Gad side yard fe.'- des of duplexez shall ma;:? gin the architecture,: design consister< ,.:.h the front fare • (Fig. 3). 6 -29 -10 Draft Compact & Clustered Overlay Zone Ordinance Page 9 of 22 302 Figure 3. 303 304 O Duplex Second -Story Access. j 305 tal Exterior stairs that °provide access to an upper level 306 duplex dwelling unit are'not permitted `ah -the front facade 307 of the building.;_ 1 'f-:: 308 ILI Access to the second =,stary home can -Abe provided 309 through a side or Fear.staircase entrance, provided that 310 the ,side staircase isiacated a minimum of 20 feet 31 rearvi"ard,of the front farade:wall of the -'welling structure. 312 { Fire escapes'or=any additional accesses to a second floor 313 unit musitbe constructed behind the dwelling unit. 314 a e; Ail duplex structures mist provide parking for each unit 315 r as outlined under Section 24 -3.9 below. 316 24 -3.6 Infrastructure re and Stormwater Management. 317 = A Yw3' Gom • act:or. clustered develo • ments are on • ermitted in areas served 318 gublic'sewer and Water, except when the proposed development is 319 zirt of a caf nbren ngive developrnr ,,! clan providin , for adequate 320 infrastructure through j riased developmea,L 321 -;M The developer must provide evidence that sufficient and adequate 322 "'' , infrastradture facilities and capacity exist to sustain the higher densities 323 <sof a proposed compact or clustered development and the required 324 ``infrastructure for each phase must be in place prior to completion of 325 each phase, or prior to the issuance of a certificate of occupancy. 326 ( If adequate infrastructure and capacity does not exist on the proposed 327 levelopment si: - - the Developer must provide a ;•-an of action 328 inuicatinq what servc will be proviar..' to meet the deg,,_ ' 'es of the 329 development. 330 tQ To compensate for higher densities and increased impervious surfaces 331 within a compact/clustered development project, the project design 332 must include onsite stormwater management techniques acceptable 333 under the Best Managen 2ractices (BMP) Manual. ..,I • I , :, r-r,% 4 . _ _ ,..��n� n oro R i iriefararl ni -- drnant /inn 6 -29 -10 Draft Compact & Clustered Overlay Zone Ordinance Page 10 of 22 334 LD Onsite stormwater management techniques may be included in the 335 required common open space calculations to the extent outlined under 336 Section 24- 3.4(F)(4). 337 24 -3.7 Density Bonuses. 338 LiK The City's Development Services Department may approve an 339 increase in the maximum number of dwelling units allowed within a 344 compact or clustered development (based on the maximum impervious 341 coverage allowance onsite) through one of the following options: 342 For each dwelling unit constructed as'a 'fully accessible unit in 343 accordance with the Texas Accessibility Standards, one 344 additional dwelling unit shall be perrriitted, up to a maximum of 345 15 % increase in the number of dwelling units. 346 21 For each affordable housing `unit (i.e. affordable to families 347 earning 80% of the Area Median Income) provided within the 348 development boundary-one additional dwelling unit shall be 349 permitted, up to a maximum of :45'% increase in the number of 350 dwelling units. -1--:`. -_ -=" vz Q-A 351,:, Affordable , rriust . be made available on 352 ap;:.�;- ximaTely:_the same `sthedfile as the balance of 353 housing in theroposed development and may not be 354 deferrer :Nintil the iatphases. 355 .,i:z;The bedroo n mix of affordable housing units must be 356 ` _ -- _:roughly proportional to the bedroom mix of the market 357 rate homes ineach proposed development, 358 : Affordable- housing units are expected to vary from the 359:w= ;: y`,, market rate =offerings in each development due to smaller 364 f ` =sizes and fewer interior amenities; however, these 361 :` _ }w: `. iariatac:-is must not adversely affect the energy efficiency 362 of the ari;.rdable housing units. 363 364 365 366 367 36R Affordable housing units must be complementary in exterior design and materials and must be dispersed throughout each development when planned. Affordable housing units must be sold or rented only to Qualified households as defined by the City of Corpus Christi. 369 if Afforciu .e housing units :..A as the basis for approving 374 a density bonus shall be subject to a deed restriction and 371 a mortgage lien to ensure that newly constructed Iow- 372 and moderate - income sales and rental units remain 373 affordable to low- and moderate - income households for a 374 375 6 -29 -10 Draft Compact & Clustered Overlay Zone Ordinance Page 11 of 22 period of not Tess than 30 years, which period may be renewed. 376 a Where any of the above methods are approved by the City's, 377 Development Services Department the approved density bonus may 378 not be applied to more than 15 % of the gross area designated as the 379 common open space area onsite. 380 381 382 383 384 385 386 387 388 389 24 -3.8 Where • ervious avin• techni• ues i.e. the use of • ervious concrete porous pavers, etc.) is utilized in the design of compact or clustered development, the pervious areas will not count towards the 65% maximum impervious cover allowance on "a site. The impervious surface area from which runoff is collected can be deducted from the maximum allowable impervious surface allowance, provided that the applicant is able to demonstrate th'e' assimilation capacity and the runoff from the impervious surface rreas being directed into vegetated green space within the site, on=tffe site'plan. Residential Access, Garages, and DrivewayStandards, 390 {} Driveway Requirements. 391 The maxim h driveway width organ individual lot with frontage 392 access is 1OE•f t. or 12 feet if tlie,A4riVeway is shared }'-! a neigl iborinq diiellingYunit (Figs. 4 & 5)r-: 394 Fi • urea 4 & 5. Shared. Drives 395 396 397 398 399 400 =1' 402 403 2tmpervious driveways must be included within the 65% maximum allowable impervious coverage requirement of the site. Driveways constructed on properties utilizing access from the front of the lot wost be a minimum of 18 feet in le -1th as pit -red from the i , i property line, except where a Po.' Court is implemented, in which case the standards of Section 24- 3.9(E) shall apply. 404 Driveway apron widths may be increased up to 22 feet in width 405 within 10 feet of the garage door. -329- r: !.f_f11RICf.]zkRFnk. .ninn nnmmissini. r'C1CornDaCt & ate ;ed Draft Amendrr, -nt i ^C 6 -29 -10 Draft Compact & Clustered Overlay Zone Ordinance Page 12 of 22 406 j Private Garages. Private single and two -car garages are permitted on 407 individually platted lots, provided that no more than two single car 408 garages or one two -car garage is provided per each dwelling unit on a 409 lot, and provided that: 4I0 Garages may not exceed 49% of the dwelling unit square 411 footage on an individual lot. 412 Garages must be included within the 65% maximum allowable 413 impervious coverage requirement of the site. 414 1' Garages may not be converted to dwelling units. 415 Detached garages must always.: be'Iocated in the rear of the lot. 416 L5j Garages may not be located -in a street: -side lot line (i.e. 417 between a public street and the-dwelling unit):: t_ 418 f Garages may not Jaeiilocated 'within the required =-side yard 419 setback. 420 El Garages may not be located any closer than three feet from any 421 common alley;where provided.`=:; 422 ) Two -car garaqes must be - :,c.ated behind the -::=:r facade of the 423 dwelling unit, ak =recessed within the dwelling unit (Fig. 6) 424 Figure 'G Recessed Parking l- kw. ' 425 426 427 428 -7 L) Single car garages may be located behind, adjacent to, or recessed within a dwelling unit; provided that the garage does not extend forward of the front facade of the dwelling unit (Figs. 7&E) 6-29-10 Draft Compact & Clustered Overlay Zone Ordinance 430 Figures 7 & 8. Recessed Garages. 4316 Page 13 of 22 432 n Common Garages. 433 434 435 436 437 Lfl -- Shared common garages, parking permitted in all neyedevelopments single-family and to-fa-n-illy dwelling areas, and _driveways are of attacheTh'ind "detached units. • Common garage structureS4ie prohibited within 20 feet of a public street,. 438 1M Duc.:1Lex Garages. . • ,. ..,',P:' • , . -- 439 al All parking and garages in the'development of a duplex dwelling 440 ;:unit on a single lot must be Iodated behind the duplex dwelling 441 .,--::;-- ' Ainiti.,. s,..,.., •.., 442 alv:No niore than two single-car garages or one two-car garage is 443 • permitted on a lot peeduplex unit. - -.. ,.: -'-.,:.=:.:::- :•-•:-:f 444 . ,... .,3, .8 deicies for corner lot duplexes must be located behind or to 445 .,...-1, ' the S'Ide of tr.,-_ dwelling unit, or ;ecessed within the imits. -446 al --:-,Duplexei4nay incorporate a shared cirivE;. as shown in es 447 .91nd 10. 448 Figuresa & 10. Shared Drives ;r• I - 1 449 strect —331— • • .nt k I nioi0u, et. ••- \'!--1•;;• _ St ' rem-r. ; . • --'n1 fl Prnr.nrilt . Citistpred Draft r. irnt.doe 6-29-10 Draft Compact & Clustered Overlay Zone Ordinance Page 14 of 22 450 24 -3.9 Additional Parkin Standards and O tions. In addition to the arkin 451 requirements outlined under Section 24 -3.8, the following additional 452 standards apply for compact or clustered development: 453 2.4 The required number of parking spaces per dwelling unit shall be 454 consistent with the requirements of Section 22 -1. However, in all 455 cases a maximum of 2 parking s aces er dwellin unit shall be 456 permitted. 457 al Parking is not permitted in any front yard, side yard, or in any front 458 street yard setback, with the exception of when parking is approved 459 through the use of a driveway located within a front yard, or side yard 460 located between two dwellings. 461 i Parking may be in a structure, under a'structure, or outside a structure. 462 Tandem parking is permitted, provided that a minimum driveway length 463 of 35 feet is provided, or 18 feet is provided if the driveway serves a 464 private garage on the lot where'the second car can be placed. 465 Where tandem parking is'siltillied, no vehicle may obstruct, 466 overhang, or be located in, a-private orpublic alley, right-of-way, 467 pedestrian dath,.walkway, or sidewalk. 468 f.5i Pa, l:iiq Courts. Parking- Courts (or "T- Courts ", Figs. 11 through 141 469 may be used as arf',option in'compact/clustered development as 470 follows: 471 The ;Maximum depth of a Parking Court drive is 100' and the 472 maximum number of'single family detached or attached dwelling 473 'units Wean serve is six: 474 : The- minimum driveway width for a Parking Court is 10 feet for 475 oneway. access; the maximum two -way access width shall be 476 '24 feet;`exc t as required by ti lc City's Fire Code. 477 478 479 480 481 1 Where pervious concrete, pervious asphalt, and porous pavers, or :other pervious paving technologies are utilized to construct a Parking Court, the square footage of pervious surfaces will not count toward the maximum allowable impervious surface on the site, provided they are installed to industry specifications. 482 Parking Court Drive Ownership and Maintenance. 483 f Hai: of the total width of a Parking Court drive must be 484 provided for vehicle access from properties on each side 485 of the proposed drive. 486 �b , The private easement right -of -way dedication of the 487 parking court drive shall be required at the time of 488 partition or subdivision plat approval, and shall be 489 recorded oV5 .,plat. 6 -29 -10 Draft Compact & Clustered Overlay Zone Ordinance 490 Figures 11 & 12 491 Page 15 of 22 w 492 Figure 13. Parking Court Configuration. 493 494 PELJCSTRiAN WALK ACCENT PAVING RE- CES.SCL1 GARAGES Desirable: Parking! Court Etrrphasizin1J Eruwlies Fr of :F; rti1 F<M: f J Ccsur #Vail Design Fferrp r zt s ct't•.f rare ces E d Cr -K- entries ..rr ei-gcxrgH,:f ,.2fcl use -2-d tc� czccer' r'r r s cxnc, fnterkn- :fista. 495 Figure larking Court Neighborhood. 496 • •w• • - r nrnlA . I....��n� n ors •. -Irt R. C'li .etorori n mpnrlmwnt (Inc 6 -29 -10 Draft Compact & Clustered Overlay Zone Ordinance 497 24-3.10 Zero Lot Line Development. Page 16 of 22 498 LAI Zero lot line development is permitted within compact and clustered 499 development according to the standards of Section 24 -2, and with the 500 following exceptions: 501 ill An eight foot building wall to wall private easement must be 502 designated on the lot adjacent to the zero lot line where the 503 buildings are being placed, and the easement must be clearly 504 detailed, shown, and recorded on the plat. 505 { Roof overhangs may penetrate the easement on the adjacent .:366 lot a maximum of 12 inches but the'=roof shall be so designed 507 • � ��- that water runoff from the dwelling `:placed on the lot line is 508 limited to the easement area ;_Main gutters in accordance with 509 Section 24- 2.04.02(12) shalt be provided. 510 L) Windows are permitted on the side of dwelling units, the 511 placement and des desrciiiibf windows on the ground4loor of the 512 zero -lot line building shaIFsuppart privacy for the' occupants of 513 the abutting lot. The lacy standard must be met by 514 incorporating the following to inigues: 5 i 1'� Throu h =�st ategic placemeX..,.',:,,, nd.'pacinq of the windows 516 on tile zero` lot: ine side of the structure/building, by 517 placin g :ground= flo �nindaw s along zero setback 518 property lines =above` fight lines with direct views into 519 adjacent dwelling unitsaind windows. 520 `" _ 'Window panes°must be designed to provide opaqueness. 521 (41 4 .Air - conditioning u_ nits- may not be located adjacent to the wall of 522 tte'dwellinq unit located on the zero lot line, 523 5} = :The cicv :. *-..-,ment of multiple contiguous nonconforming lots as 524 a =zero lol =s.lin . d evelopment shah comply with the common open 525 space requirements of Section 24- 2.04.02(14). 526 ' , 6 Sidewalks shall be provided - for zero lot line development 527onsistinq of more than one contiguous ndnconforming lot and 528 '` -; 7 shall meet the requirements of Section 24- 2.04.02(18). 529 530 532 533 534 535 536 Lot setbacks, dwelling unit setbacks, maximum impervious coverage of the site and individual Tots, minimum lot sizes ,r! widths, lot and developr- ire,nt access, accessory structures an., buildings, u: iilding heights. m?intenance easement widths, onsite stormwater management, parking, driveway, platting, fencing, landscaping requirements,_ garage standards, and design standards for zero lot line development shall comply with all of the standards of this ordinance. 6 -29 -10 Draft Compact & Clustered Overlay Zone Ordinance Page 17 of 22 537 LEL Where a conflict exists between the requirements of this 538 Ordinance and the requirements of Section 24 -2, the 539 requirements of this Ordinance shall prevail. 540 24 -3.11 Sidewalks. 541 211 Access and connectivity in accordance with requirements of the Texas 542 Accessibilities Standards must be provided to each building structure 543 proposed on a nonconforming lot. 544 a Sidewalks provided for each residential dwelling, office, or commercial 545 structure or building must be developed in accordance with Chapter 546 1101.2 of the City City's Building Code.and .the Texas Accessibilities 547 Standards. �' 548 24 -3.12 Fences. All fences proposed within a compact or clusfered development and 549 for zero lot line development must comply with the'lencinq guidelines 550 established under Section 26 -9.1 or 551 24 -3.13 Buffers. 552 LA1 Where a proposed compact or clustered development developed 553 under this Ordinance is located adiacertto an RE, RA, R -1A, R -1B, or 554 R -1C zoning districtthe applicant is required-to provide a minimum 555 buffer width of 10 feet between the two differing densities. Table 1 556 below outlines the number o planfs<,trees and palms required for the 557 buffer -width chosen. `'Y7` 558 Table 1. Butler Width Choice 559 Plant Material Diagram No. of Each Plant Rea, 10ft 2 canopy trees 2 understory trees 12 shrubs or small palms 15ft 2 canopy trees 2 understory trees 8 shrubs or small palms 20 ft 2 canopy trees I understory tree B shrubs or small palms • . -o ., i- in t'i t A n ; r... (`.. rr. mac —335— I canopy tree 2 understory trees 6 shrubs or small palms ^f fS PC'1C'.mmnAnt CC!ti'tprArt r)raftAmendment.doc 6 -29 -10 Draft Compact & Clustered Overlay Zone Ordinance Page 18 of 22 560 a Buffers shall be located within the outer perimeter of the development, 561 parallel to and extending to the lot or parcel boundary line, and not 562 located on any portion of an existing, dedicated or reserved public or 563 private street or right -of -way. 564 Lci While the buffer de th is normall calculated as arallel to the ro ert 565 line; design variations may be permitted and are calculated on the 566 average depth of the buffer per 100 feet or portion of buffer. 567 iiI The minimum depth of the buffer at any one point shall not be less 568 than one -half the required depth of the bufferthosen, or less than five 569 feet, whichever is reater. Maximum depth for the g purposes of S70 installing required landscar ^a, or receiving credit for ex;s inq 571 vegetation, shall not be more than one'and.biie -half times the required 572 depth of the buffer chosen (Fig. 15). 573 Figure 15. Minimum Buffer Widths & Design Variations Jr -,N Hed 574 U ep h 575 `` i r- 'AA/here th buffer includes walkways, pathways, seating areas, 776 pedestrian, it other, passive recreation amenities (i.e. those activ''i s 51 that do not ir1L. L e developmern af:teration of the site other than tl +t 578 creatiai "of hiking, biking, and horseback riding trails, picnic areas, 579 etc.), f square footage of the landscaped area providing the 580 amenities may be contributed towards the common open space 581 -`° �requirehent onsite. 582 (F) All plants, trees, and palms chosen as plant materials must be 583 accepted plant materials listed under the City's Landscaping 584 Ordinance. 6 -29 -10 Draft Compact & Clustered Overlay Zone Ordinance 585 n Street Buffers. 586 a) All develo +ment located alone a street deli nated as a . 587 Freeway, Arterial, or Collector Street an the Transportation Plan 588 Map or Text shall be required to provide one of the following 589 buffers (listed under Table 2 below) along the entire street 590 frontage abutting the right -of -way, and no vegetation shall 591 interfere with a required clear sight triangle at a driveway or 592 intersection. Page 19 of 22 593 Table 2. 594 5u.eetBL fft r Width Plant MdtPIlai,illtrstlation Plants? 1.00 Lit. Ft. c 2.0 ft I faur-fouL tononuous evergreen hedge 3 canopy trees I four•font continuous evergreen hedge 2 canopy trees 7 uudersuarytr*4s oars#! 3 canopy trams 2 canopy trees 7. understorytrees Utility Line Option 4 understnrytrees Local Access 54ieet Buffer I canopy tree 4 understory tree 7 shrubs fi ft L i •s ni er r ID%L. X11 ❑lanninn [ :c. —331 - ^r1\2J10 1 canopy tree 2 untierstnry tree 3 shrubs a Clustered Dra, • ,drnent.doc 6 -29 -10 Draft Compact & Clustered Overlay Zone Ordinance Page 20 of 22 595 al Parking visible from any public street shall include a continuous 596 evergreen hedge or wall for the entire linear extent of the S97 vehicular use area visible from the right -of -way. 598 The height of the hedge or wall shall be a minimum of 18 599 inches and a maximum of 36 inches as measured from 600 the elevation of the vehicular use area or the street curb, 601 whichever is higher. 602 603 604 Utility Lines. No trees under utility lines shall have a natural height 605 over 25 feet. f DI Such hedge or wall may be substituted for any individual shrubs that may be required in the street buffer. 606 24 -3.14 Site Plan. 607 The preliminary and final -5 site plan for a residential compact or 508 clustered development shall - ihclude, but shall not be'`timited to, the 609 following information: -= } -, 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 The maximum number and typeof dwelling units proposed. The area 'of'�the -site on wilich•=tl a dwelling units are to be constructed or are currently located acid their size (this may take the form of the footpiri Fof the ;dwelling unit or a building ,envelope showirrq the'gene-ral =area in which the dwelling unit is ::.located) andthe lot setbacks. IIlustrafions showing the areas of the site designated for comrrion open space and buffers and their dimensions and '''- quare'foatage/acreage. The areas of the site designated for parking and the dimensions of indi Rdua! spaces. 11* t:, -The number and percentage of dwelling units, if any, that are - proposed to be accessible and/or affordable housing units. fhe location of sidewalks, trails. and bike paths. 2 Locations and dimensions of planned right -of -ways, alleys, and onsite stormwater and wastewater features. L31 Landscaping and Lighting plans required or proposed for all vehicular, c:: -,fon open space buffer, street yards, and right - of -way areas. * 6 -29 -10 Draft Compact & Clustered Overlay Zone Ordinance Page 21 of 22 630 SECTION 2. That the Corpus Christi Zoning Ordinance, approved on the 27th day of 631 August, 1973, as amended from time to time, except as changed by this ordinance and any 632 other ordinances adopted on this date, remain in full force and effect. 633 SECTION 3. That to the extent that this amendment to the Corpus Christi Zoning 634 Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan 635 is amended to conform to the Corpus Christi Zoning Ordinance, as amended by this 636 ordinance. 637 SECTION 4. That any ordinance or part of any ordinance in conflict with this ordinance is 638 expressly repealed by this ordinance. 639 SECTION 5. If for any reason any sez.tion, paragraph, �:,:xdivision, clause, phrase, word or 640 provision of this ordinance shall be held invalid or unconstitutioiKby final judgment of a 641 court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, 642 clause, phrase, word or provision of this ordinance,. €or..it is the definite_ intent of this City 643 Council that every section, paragraph, subdivision, clause, phrase, word 'or provision hereof 644 be given full force and effect for its purpose.. F4 645 SECTION 6. A violation of this ordinance or'`iiquire#ients implemented under this 646 ordinance constitutes an offense punishable under Section 35 -3, Corpus Christi Zoning 647 Ordinance. z.. 648 SECTION 7. Pubi: -=0: on shall be made in the official p��hlication of the .-"y of Corpus 649 Christi as required by the City Charter of the City ofYCorpus Christi. 650 SECTION 8. This Ordinance shall take effect upon and after publication of this Ordinance. —339— R. 1'liicIornri fir •- ■•nnrlmani• rinr. 6 -29 -10 Draft Compact & Clustered Overlay Zone Ordinance Page 22 of 22 651 That the foregoing ordinance was read for the first time and passed to its second reading 652 on this the day of , 2010, by the following vote: 653 Joe Adame Priscilla G. Leal 654 Mark Scott John E. Marez 655 Larry Elizondo, Sr. Nelda Martinez 656 Brent Chesney Kevin Kieschnick 657 Chris Adler 658 That the foregoing ordinance was read for the second time and passed finally on this the 659 day of , 2010, by the following vote: 660 Joe Adame Priscilla G. Leal 661 Mark Scott John E. Marez'. 662 Larry Elizondo, Sr. Nelda Martinez 663 Brent Chesney Kevin Kieschnick Chris Adler 665 PASSED AND APPROVED this the `day of 666 ATTEST 667 668 Armando Chapa 669 City Secretary ,.. 670 671 672 R. Jay Reining 673 First Assistant City Attorney, 674 For City Attorney_: APPROVED: day of 2010. Joe Adame Mayor , 2010: Definitions • New definitions added to address the lack a) 'E . 5, T - c , , c71 0 rig A 2 0 s--i ct 0 a-i 4-i _i_) (-4-4 CID A_) ct cf) ,c_ E ( - 4' a.) a-) 0 . 1--I �--I . 1--I C/) �--1 A--) a.) 0 V 'A-, a) (1) _ � O a) 4 7.} 0 .E '—c • Increased the maximum lot width from 45 feet 4 ,d O 4.) ct c V Ov O a.) 'E I O 4_, .c_ I.) a.) ) ct ,A- 9 , , ic) A _ ci.) e_l C/) V V c� O b� C't '41. CU ci) t+4 cit E _. E • ,--1 ..--, $2 •5 • C/) U Q.) •5 Q.) E O V O O v E O Fire Department requirements. 0 .1.y cP O 4J E 0 .S' O E 0 0 4J • O 0 V O Setbacks increa structures. 11 • Provisions were included to allow for • ci) O ci) N O O E sz-4 F) VI) imc • tu vi.5) ci V •� V V •- � 1 cit !EP 1=1 ii1) O O '1-1 V •� t.4.1 11 "miX cn E Q O 'c V O O cLi ° o 7)( 1-c z vmc ,4 or the construction • Provision added to allow for the use of ( "Ecostone" shown below) • Provision was added to restrict maximum i-c i 0 cit cu cu O O 2 CI) • 4u .., RI ''' 4) imc X ct .- Cl) • 1∎1 s 'a' O 4u ''—' O M IV c—i E O O 4) 4—i -I—) c"N 1 1 V V) .- E 'cil .. . O O c -... , 71 4u O 4_, I.) to V cit O '�' . - c.) -4-) cp „, 0 0 w O tu . -1 _-i O C CU C/3 (1) O s-+ ):)-4 i-) °it E E i-c 0 o I.) a.) x E 17' u Ittl ci v,-5 . 5 E ,,1 biD 8 .1?:( 1 2 E o ..tY, © o a.) 0 1. c.) • • • - cv o a) ti (L) a, O 4C54 v.Ct O Mt a1 7V 4—i Ct z 1-o 4-1 v-0 .© © c� E cit o O V =) 'a E 4 � o 0 rt V 4) cit cit cp 4) V M O X10 4-+ X10 c)-es 4 0 I .. �i ,±) a) 4. • -,`-) .1-1 4 cp v .4 i-c a) x a) 4_, (1) i-c Z' X10 cit 0 � V .g 4-i cit 4_, cit 5 cp 4-k 0 -4-) •O P. ., e � V � ;-+ 0 '-C O • O i-c (1) i-c i-c cit cp cit 0 •O cp .,, O 4 • i-c 0 .- X cu 4 4) V O cAs 4) • tip (1) Vi O t10 .4 E ii, vp E . "mi 5 E Q, (1) °E c,_,° 45 4 ,cf3 zz; V ,-+ tt, tk 7: „, .5 5-4) cc .vj 41 t10 c)-+ ;_i a) cit 4. V 4� 4. O r, '� V i-c cL4 E ;_i 41 �O O v '� O ' c't 4) 'C O 4 cu cit E 4 l'I') cp 0c) v-c c21 "cil i'd ,.., .1-1 V . V ijs O �+ c� • a v s� •0 • • Provision was added as an incentive to reduce f4,1 cit �•�I cit .-4-) O C 'g ;I" V � •..( V O O tip M (1) O 'a' u •) O c4i O • ii! 0 .1; 71' vwc V vac vwc vwc al 77( •.--_ oS'u) ,,� CLI 0 .1. cU E cd IflI Cut) 0 CLI 0 vwc °I; 0 CLI vwc vwc vwc °I; 0 0 li VOA. ail 6/28/2010 Nonconforming Lot Ordinance Amendment Draft 1 ORDINANCE 2 AMENDING THE CORPUS CHRISTI ZONING ORDINANCE BY DELETING 3 SECTION 26 -9 "NONCONFORMING LOTS OF RECORD" AND ADDING A 4 NEW SECTION 26 -9.0 TITLE "NONCONFORMING LOTS OF RECORD "AND 5 NEW SUBSECTIONS 26 -9.1 AND 26 -9.2, PROVIDING NEW STANDARDS 6 FOR NONCONFORMING LOTS OF RECORD; AND AMENDING 7 CONFLICTING PROVISIONS OF THE CITY'S COMPREHENSIVE PLAN; 8 REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERENCE; 9 PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION; AND 10 PROVIDING AN EFFECTIVE DATE. 11 WHEREAS, the Corpus Christi Comprehensive Plan promotes the rehabilitation of run 12 down housing units which will provide citizens with quality living environments and help 13 keep older neighborhoods viable (Housing Policy "a " "); 14 WHEREAS, with proper notice to the public, a public hearing was held on 15 during a meeting of the Planning Commission, and on Tuesday, [City Council Meeting 16 Date], during a meeting of the City Council, in the Council Chambers, at City Hall, in the 17 City of Corpus Christi, during which all interested persons were allowed to appear and 18 be heard; 19 WHEREAS, the Corpus Christi Comprehensive Plan directs the City to promote infill 20 :development on vacant tracts or lots and improve the economic viability of infill 21 development through incentives that will attract private investors (Residential Policy "h "); 22 WHEREAS, the Corpus Christi Comprehensive Plan directs the City to provide 23 standards for design considerations such as building height, window and patio location, 24 screening fences or landscaping, building setbacks, parking layout, and a variety of 25 other techniques to create appropriate transitions between lower and higher density 26 neighborhoods (Residential Policy "g "); 27 WHEREAS, the City Council has determined that the adoption of this ordinance best 28 serves the general welfare of the City and its citizens by providing a regulatory base for 29 lr,suring compatibility; harmmy and character; G;-:,. ensuring 30 growth in an orderly and desirable manner that will preserve the public health and 31 safety; 32 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 33 CORPUS CHRISTI: Page 2 of 18 Draft Non - Conforming Lots of Record Amendment 34 SECTION 1. The Corpus Christi Zoning Ordinance is amended by deleting Section 26- 35 9, "Non- Conforming Lots of Record" as follows: 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 5I 52 54 55 56 57 58 59 60 61 62 'hereto. Constructic 3�Ich ciT - of the dwelling• then-the smalIerof. The minim -wi ^ aa1 -for__ both -:`'- yards _presci ii c J ?,y the bulk 64 65 66 67 68 69 70 SECTION 2. The Corpus Christi Zoning Ordinance is amended by creating a new 71 Section 25 -9 -0 "Non - Conforming Lots of Record ". and by adding new Subsections 26- 9.1 and 26 -5.2, to read as follows. Page 3 of 18 Draft Non- Conforming Lots of Record Amendment 73 26 -9.0 Nonconforming Lots of Record. 74 IN General. A nonconformin■ lot of record shall be an le all 75 established parcel that does not conform to the development 76 standards of the zoning district in which it is located. 77 j A single vacant lot located in a district that was originally 78 considered conforming in lot area and the existing zoning district 79 requirements prior to January 1, 2010 cannot be subdivided to 80 create two smaller nonconforming Tots in an attempt to conform to 81 the standards of this Ordinance (Clustered development is 82 permitted on multiple contiguous nonconforming Tots that are 83 platted, developed, and constructed as a clustered development 84 under the standards of Section 24-3). 85 . Multiple contiguous non - conforming platted lots under the same 86 ownership that were separately considered non - conforming lots 87 prior to being combined and prior to this Ordinance, may be sold 88 and developed as follows! 89 al The owner of a single lot or multiple contiguous lots must 90 provide a copy of the recorded plat or deed proving that 91 each separate lot was considered a nonconforming lot of 92 record prior to combining the Tots an-i orior to August 29. 93 1962. 94 Each separate lot sold or developed and the remaining 95 principle (original) lot must be replotted and must not result 96 in a lot width of less than 25 feet. 97 (j Each separate lot sold or developed and the remaining 98 principle (original) lot must have a legal access which is 99 adequate for vehicular access. 100 (4) .-:ch separate lot F ^Id or develop4: and the remnL r-ci 10i principle (original) lot must not create a health or safety 102 hazard. 103 { Any existing nonconforming structures located on a lot sold 104 or developed must be demolished for new construction, 105 except under the following conditions; i06 Loj If existing structures are found to meet all of the 107 existing and current City Building Codes, it shall be 108 allowed to i amain onsite. 109 j In addition to the requirement of (a) above, the 110 existing structure may not have previously been an 111 accessory structure, proposed for use as a principle 112 residential structure on the site. —355— Page 4 of 18 Draft Non - Conforming Lots of Record Amendment 113 n Each nonconforming vacant lot is located in a district 114 allowing for single- family attached or detached residential 115 dwelling units and commercial uses, and each lot must meet 116 all applicable standards established under this Ordinance. 117 WI Where a conflict exists between the requirements of this Ordinance 118 and any previous or existing sections of the City's Zoning 119 Ordinance, the requirements of this Ordinance shall prevail. 120 26-9.1 Single Non - Conforming Lot Development Regulations. 121 LAI Notwithstanding the regulations imposed by any other provisions of 122 this Ordinance, single - family detached or attached residential units 123 professional office uses, and commercial uses that comply with the 124 standards of this section may be developed as a use in the districts 125 where those uses are permitted as follows: 126 L11 The maximum lot width permitted for development under the 127 regulations and standards of this Ordinance is 49.99 feet. 128 ( The minimum lot width is 25 feet. 129 al There must be a minimum building separation of eight feet 130 between all adjacent exterior building walls, with an 131 additional one foot separation added for each additional 132 story. 133 141 There must be a minimum eave separation of six feet, with 134 an additional one foot separation added for each additional 135 story. 136 f All lots must be platted and the maximum impervious cover 137 within an individually platted nonconforming lot must not 138 exceed 70% of the lot, including any garages, impervious 139 drives and parking areas, arid non - dwelling ...."essory 140 structures. 141 Office and Commercial Uses Permitted. 142 L11 Development of multiple contiguous nonconforming lots for 143 Professional Office and Commercial uses is permitted, 144 provided that the proposed development meets the 145 requirements of this Ordinance and the remaining 146 requirements of the City's Zoning Ordinance. 147 L21 Proposed proi‘....3icnal office or commercial uses or a 148 nonconforming lot must be located in a district that allows for 149 those uses. Page 5 of 18 Draft Non- Conforming Lots of Record Amendment 150 X31 Professional office and commercial uses proposed on a 151 nonconforming or former non - nonconforming lot {through 152 mer in of non- conformin lots located within a district 153 where residential uses are permitted are limited to those 154 professional office and commercial uses permitted in the 155 "AB" Professional Office, "B -1" and "B -1A" Neighborhood 156 Business Districts, excluding fueling uses. 157 al Professional office and commercial uses proposed on a 158 nonconforming or former non - nonconforming lot (through 159 merging of non - conforming Tots) located within a district 160 where residential uses are permitted are required to 161 landscape the business in accordance with the landscaping 162 requirements for the "B -1A" Neighborhood Business District 163 under Section 27B. 164 The total building square footage permitted for professional 165 office and commercial uses on a nonconforming or former 166 non - nonconforming lot (through merging of non - conforming 167 lots) located within a district where residential uses are 168 permitted is 4,000 square feet. 169 ) All professional office and commercial uses must meet the 171 setbacns of Table 1 under Section 29- 9.1(K) below. 171 n Heights. The following height guidelines apply to residential, 172 office, and commercial uses: 173 al Any residential, professional office, or commercial structure 174 proposed within an established neighborhood where other 175 structures or buildings currently exist must incorporate a 176 "step -down" height technique to provide a height transition 177 between proposed construction and existing uses (Fig. 1). 178 Figure 1. Stepping -dowi t n Height. 179 1 I/21:ton, 2 Sony 2 Aram 180 al Allowable heights within established neighborhoods with 18i existing tructures or buildings are determine;. follows: Page 6 of 18 Draft Non - Conforming Lots of Record Amendment 182 iM Residential dwelling, office, or commercial structures 183 or buildings proposed on lots within established 184 neighborhoods with an existing one -story structure or 185 building located adiacent to. and on one or two sides 186 of the proposed structure or building site, may not 187 exceed a height of 26 feet or two stories at the 188 highest ridge, excluding chimneys or cupolas. 189 I.C. Residential dwelling, office, or commercial structures i90 or buildings proposed within established 191 neighborhoods with an existing two -story structure or 192 building located adiacent to, and on two sides of the 193 proposed structure or building site, may not exceed a 194 height of 35 feet or three stories at the highest ridge, 195 excluding chimneys or cupolas. 196 LI Residential dwelling, office, or commercial structures 197 or buildings proposed within established 198 neighborhoods with no existing structures or buildings 199 located within 20 feet of the proposed structure or 200 building site may not exceed a height of 35 feet or 201 three stories at the highest ridge, excluding chimneys 202 or cupolas. 203 al No structure or buiidinq proposed within an "R -1 C" 204 and "R -TH" Zoning Districts may exceed a height of 205 26 feet or two stories at the highest ridge, excluding 206 chimneys or cupolas. 207 ( Proposed residential dwelling, professional office, and 208 commercial units located within a flood zone may be 209 increased, to measure no more than the height 210 allowed by the zoning district measured from the point 711 designated as one foot above the Base Flood Li: Elevation (BFE) for the site. 213 (D) Residential, Office, and Commercial Design Standards. 214 ill Mobile homes and travel trailers are not permitted as 215 dwelling units on non - conforming lots under this Ordinance. 216 21 New modular homes with facades that are similar to, and 217 compatible with the surrounding single- family attached and 218 ;.unattached dwelling units shall be permitted on small non - "9 cor. 'ruing lots, provided that they meet standards of thL 220 City's Building Code and the Texas State Department of 221 Insurance Windstorm Standards, and constructed under the 222 standards of this Ordinance. Page 7 of 18 Draft Non - Conforming Lots of Record Amendment 223 03,E Scale. The construction of a Professional Office or 224 Commercial Use structure or building must be compatible 225 with the hei• ht width massin• roof sha•es and • itches of 226 the surrounding neighborhood uses (Fig. 2). 227 Figure 2. 228 AVOiD 229 Access, Driveways, and Sidewalk Requirements. 230 al Where pervious materials such as gravel, pervious concrete, 231 porous pavers, or grass median strips in the center of a 232 residential driveway are implemented in the construction of a 233 driveway or parking areas on a residential, office, or 234 commercial non - conforming lot, the square footage of the 235 pervious areasr be excluded frc m the total impervious 236 allowance calculations unsite. 237 ) Grass median strips are permitted in the construction 238 of driveways and the square footage of the pervious 239 areas may be excluded from the maximum 240 impervious surface allowance calculations onsite (Fig. 241 a 242 Figure 243 244 245 246 I :1t1i4l�i Iii nit`: t 11fI ill Access and connectivity in accordance with requirements of :! a Texas Acces- Jibilities Standards must be provide' tn.. each building structure - ►s':•posed on a no , -.onforming lot. 248 al Sidewalks provided for each residential dwelling, office, or 249 commercial structure or building must be developed in 250 accordance with Chapter 1101.2 of the City City's Building 251 Code and the Texas Accessibilities Standards. —359— Page 8 of 18 Draft Non- Conforming Lots of Record Amendment 252 L41 Residential Driveway and Access Standards. 253 Lal The maximum driveway width shall be 10 feet. 254 The minimum driveway length shall be 18 feet. 255 Shared driveways between two dwelling units will be 256 permitted on adjacent non - conforming lots, provided 257 that the width of the driveway does not exceed 12 258 feet. 259 1*) Driveway apron widths may be increased up to 22 260 feet in width within 10 feet of the garage door. 261 L Residential driveways shall not be required if the 262 dwelling unit meets the requirements of Section 26- 263 9.1(G)(1) or (2) below, and the one on- street parking 264 space required meets the dimensional requirements 265 set forth under Section 26- 9.1(G)(5) below. 266 (5) Professional Office and Commercial Access Standards. 267 () The minimum driveway width shall be 24 feet and 268 shall not fixceed 150 feet in length unles . n 269 adequate turnaround area is provided for emergency 270 vehicles and developed in accordance with the City's 271 Fire Department Codes. 272 figil Shared driveways between two adjacent non - 273 conforming Tots may be utilized to meet the 24 foot 274 minimum width. 275 1*l All other driveway dimensions for the project must be 276 in compliance with the City of Corpus Christi's Manual 777 ' '.of :Driveway Design and Construction Standards. 278 1'I Residential Garage Requirements. 279 Lfl Garages are not required on a non - conforminq lot provided 280 that adequate on- street parking is available for the 281 residential unit as required by Section 26- 9.1(G)(1) through 282 (4) below, and the available on- street parking meets the 283 dimensional requirements of Section 26- 9.1(G)(5) below. 284 ai All garages must be included in the 70% maximum allowable L85 irni,ervious coverage c,ri a site. 286 g Garages may not exceed 49% of the dwelling unit square 287 footage on an individual lot. 288 L Garages may not be located in a street side lot line (i.e. 289 between a public street and the dwelling unit). —360— Page 9 of 18 Draft Non - Conforming Lots of Record Amendment 290 f Garages may not be located within the 4 foot minimum side 291 yard. 292 Garages may not be converted to dwelling units. 293 21 The location and placement of an attached single -car garage 294 on a single non - conforming lot must conform with the 295 predominate placement and location of garages within the 296 neighborhood. 297 gn Attached single -car garages may be located adjacent to a 298 dwelling unit, provided that a minimum driveway length of 18 299 feet is provided and the required side yard setbacks are met. 300 L91 Two -car garages are permitted on individually platted Tots, 301 provided that they are located behind the dwelling unit (Fig. 302 • 303 Fi ' ure 4. 304 305 (10) Detached garages must always be located in the rear of the 306 lot. 307 (11) Where lots have access to a rear lane or alley, all garages 308 must be accessed from the lane or alley (Fig. 5), and may 309 not be located any closer than three feet from the common 310 alley. 311 Figure 5. 312 ALLEY Alley Access Attached or Detach ed J 1 Tb• tow- - 10' Side -Drive Rear Semi - sussed -Yard. Attached or F rc-rnt V ar d Apr vn Detached —361— 18' Page 10 of 18 Draft Non - Conforming Lots of Record Amendment 313 LGI Required Number of Residential Parking Spaces. Vehicle 314 parking is required for each single - family attached and detached 315 dwelling unit on a non - conforming lot and must be provided as 316 follows: 317 1'l For each single- family dwelling unit that is part of a lot 318 located within 1,500 feet of a transit stop: an average of 1.00 319 parking space per dwelling unit is required. 320 al For each single - family dwelling unit that does not meet the 321 criteria in number (1) above, and consists of only one 322 bedroom, 1.00 parking space is required. 323 al For those dwelling units not meeting the requirement of (1) 324 or (2) above, 2 parking spaces per dwelling unit are required. 325 1.41 In all cases, a maximum of 2 parking spaces per dwelling 326 unit are permitted, including the available off - street parking 327 slots within the lot boundaries as outlined under Section 328 IG) (5) below. 329 LO If on- street public parking is available adiacent to the site, 330 the number of parking spaces required for the lot under this 331 section may be reduced by the number of public on- street 332 parking spaces available, and provided that the available 333 space meets the following requirements: 334 La} The available on- street parking must be located solely 335 within the width dimension of the lot, as measured 336 between the two side property lines of the lot. 337 338 339 340 The available on- street area cannot include the width of a driveway along a right -of -way. (c1 There mt_:-;t be at least 16 feet of curb length for each parking space stall for each vehicle. 341 { Parking is not permitted in any front yard, side yard, or in any 342 front street yard setback, with the exception of when parking 343 is approved through the use of a driveway located within a 344 front yard, or side yard located between two dwellings. 345 21 Tandem parking is permitted on a non - conforming lot, 346 provided that the minimum length of the driveway is 35 feet, 347 or 18 feet if the driveway serves a private garage or carport 348 on the lot where i +ie second car can be placed. 349 f31 Where tandem parking is utilized, no vehicle may obstruct, 350 overhang, or be located in, a private or public alley, right -of- 351 way, pedestrian path. walkway, or sidewalk. Page 11 of 18 Draft Non - Conforming Lots of Record Amendment 352 Required Number of Office and Commercial Parking Spaces. 353 Lti The number of required parking spaces for a Professional 354 Office or Commercial use shall be consistent with the 355 requirements of Section 22 -1, with the exception of the 356 following standards which shall apply when a nonconforming 357 site is developed under the standards of this Ordinance: 358 fAl The maximum number of parking spaces allowed 359 onsite for any professional office or permitted 360 commercial use and developed under the standards 361 of this Ordinance is 15 parking spaces. 362 211 If the proposed Professional Office or Commercial 363 Use is located on a nonconforming lot within 1,500 364 feet of a transit stop, the number of required parking 365 spaces for the use may be reduced by no more than 366 50 %. 367 ( Where a professional office or commercial use is 368 proposed on a non - conforming lot that is not located 369 within 1,500 feet of an existing transit stop, the 370 applicant has the option of providing an improved, 1 permanent cove J shelter for a tia,rsit stop at or near 372 the proposed site (in cooperation with, and the 373 location determined bv, the Regional Transit 374 Authority), in which case only 5 parking spaces would 375 be required for the use onsite. 376 Parking for Professional Office or Commercial uses is 377 not permitted in any front street yard and must be 378 provided behind the professional office or commercial 379 use. ,,: 381 Lll Accessory Non - Dwelling Structures. In addition to standards 382 for private garages outlined under Section 26- 9.1(F) of this 383 Ordinance, new accessory non - dwelling structures are 384 permitted as follows: 385 fAl The new accessory non - dwelling structure must be 386 included in the 70% maximum allowable impervious 387 cover of all structures on a non - conforming lot. 388 .i he new accessory non - dwelling structure will only be 389 permitted in coniunction with the construction of a 390 new primary building, and may not exist on a lot prior 391 to the construction of theprimary structure. Accessory Non-Dwelling Struct•.res. Page 12 of 18 Draft Non- Conforming Lots of Record Amendment 392 Pervious concrete patios or elevated wood decks are 393 permitted within the rear yard of a platted lot and will not be 394 counted towards the 70% maximum impervious cover 395 allowance for the lot. 396 Pervious concrete patios or elevated wood decks are 397 permitted within the front yard of a non - conforming lot 398 provided that they do not extend any further than 5 feet into 399 the front yard, and will not be counted towards the 70% 400 maximum impervious cover allowance for the lot. 401 L11 Fences for All Development. 402 All fences or walls on a lot forward of the rear facade of a 403 building must be tapered to reach a maximum height of 3 404 feet at the paint measured six feet from the front property 405 line and may not extend into the six foot area measured from 406 the right-of-way (Fig. 6). 407 1'j Fencing for professional office and commercial uses 408 on non - conforming lots must also be tapered in height 409 as outlined above, but may not extend forward of, or 410 into, the required front yard setback of the lot. 411 Figure 6. 7 FOOT REAR AND SUE YARD FENCING REQUIREMENTS Graduated Side Yard Fence 411 GRADE LEVEL. S FEET FROM FRONT ^4c•PERTYLINE FRONT YARD MICE 3 FOG: "f{[GH FRONT YARD FE.YGC Page 13 of 18 Draft Non - Conforming Lots of Record Amendment 413 a) Where fencing is utilized, fences may be decorative or 414 constructed of any material (except chain -link, wire, or 415 barbed - wire). However, wood fences may not be solid and 416 must be constructed similar to an alternating "board on 417 board" fashion (or another non -solid style that allows for 418 wind /air passage and does not promote "tagging" /graffiti 419 occurrences), with a height of no higher than 7 feet tall as 420 measured from the natural grade of the property (Fig. 7). 421 Figure 7. Alternating Board on Board Fence. 422 423 424 01 Wire, barbwire, and chain -link fences are prohibited. 425 L.41 Fences and pates may not extend or open into, or obscure 426 the visibility triangle of any driveway, alley, Parking Court 427 drive, right -of -way, or pedestrian walk -way. 428 f_5j, Zero Lot Line Fences. Fences on lots developed utilizing a 42) zero lc line building technique must not be i. ^ted adjacent 430 to the builui7 or structure Ihe side Yard, but may be 431 located as follows: 432 wa For a rear yard within a zero lot line development, a 433 fence-may be placed rearward of the rear facade of 434 the building or structure on the property line. 435 ( Fences may be constructed forward of the front 436 facade of the building or structure on the property line 4.7 and constructed as outlined undo, Section 26- 438 9. I- 'c l) and (J)(1)(a) 439 ci Fences may not be located along the side yard 440 building wall of dwelling unit located on the zero lot 441 line or within the required eight foot easement. Top View Page 14 of 18 Draft Non - Conforming Lots of Record Amendment 442 al Yard Setbacks. 443 01 Setbacks for single lot development and the new or 444 redevelopment of contiguous nonconforming lots consisting 445 of 50% or more of a street or block for residential, 446 professional office, and commercial uses must be 447 established as outlined in Table 1 below: 448 Table 1. Setback Requirements Setbacks Yard Minimums Front r Side 1 Rear Single Small Lot Development within Established Neighborhoods Established dwelling, office, or commercial use structure on one side of the proposed structure, fronting the same street. Depth of within five feet of the front yard for the established adjacent building or structure. An additional five feet is required for each story aver one story. 4 foot min. side; 8 foot min. building separation; 6 foot Min. 5 ft. more of Established dwelling, office, or commercial use on two sides of the proposed structure, fronting the same street. The average of the two established front yard setbacks. min. eave separation. An additional foot shall be added for each additional story. or block consisting 50% or No existing structures located on either side of proposed structure. Min. 10 ft., Max. 20 ft. An additional five feet is required'for each stare over one story. _ Development of several contiguous lots on the same street the street or block. Min. 10 ft., Max. 20 ft. An additional five feet is required for each story over one story. 4 foot min. side; 8 foot min. building separation; 6 foot min. eave separation. An additional foot shall be added for each additional story. Min. 5 ft. All Corner Lot Development Yard Setbacks Requirement Front Yard Depth Depth of within one to five feet of the existing adjacent structure(s). An additional five feet is required for each story over one story'. 10 foot min. street side yard; visibility triangle may not be obstructed by an structure. Street Side Yard Width, where an established structure is located on one side of the proposed structure site, both fronting on the same street. Street Side Yard Width, where an established structure is located to the rear of the proposed structure, and not fronting the same street. Similar to the front yard setback of the existing structure, with a street side yard width of within one to five feet of the existing depth of the adjacent front yard. Non- Street Sic: Yard Width 4 foot min. side; 8 foot min. building separation; 6 foot min. eave separation. An additional foot bi added for each additional story. shall Rear Yard / Min. 5 feet "Note: For development within established neighborhoods, these standards shall apply only to adjacent structures in existence prior to the date of adoption of this Ordinance. Page 15 of 18 Draft Non - Conforming Lots of Record Amendment 449 fij Zero Lot Lines Yards. Zero lot line development is permitted on 450 multiple contiguous vacant tots according to the standards of 451 Section 24 -2, and with the following exceptions: 452 a) An eight foot building wall to wall private easement must be 453 designated on the lot adjacent to the zero lot line where the 454 buildings are being placed, and the easement must be 455 clearly detailed, shown, and recorded on the plat (Fig. 8). 456 121 Roof overhangs may penetrate the easement on the 457 adjacent lot a maximum of 12 inches but the roof shall be so 458 • designed that water runoff from the dwelling placed on the lot .159 line is limited to the easement area. rain gutters it 460 accordance with Section 24- 2.04.02(12) shall be provided. 461 Figure 8. Correct Zero Lot Line Configurations 4f.2 ' # -�teT _ t Slrngle- Fatitilli Arrac /rel Detract tea. ti Ti.ve- Farrrrly -' tacked Zero Lor Lirre.s F A. ffcr«ed Use cif Zero Lot L fires Zero Lor Litre Setbacks....-1 Srarrcfa rd S;de Yard Setb. c k I EE root Easetrrerrrs Zero Lot Litre S c rfrac h -, Sra•rrdare! Side Yard Setback L.-, Fr Foor Easel ?tier rt Prohibited Use of Zero Lot Litre Zero 1 c'rr L frre Serfra•c ks Standard Side Yard Setback for L frre. Fooi F_aserrrerrr 463 gl Windows are permitted on the side of dwelling units, the 464 placement and design of windows on the ground -floor of the 465 zero -lot line building shall support privacy for the occupants 466 of the abutting lot. The privacy standard must be met by 467 incorporating the following techniques: 468 ( Through strategic placement and spacing of the 469 windows on the zero lot line side of the 4 "n structure /building, hyr placing ground -floor windows 4i1 a ;ong zero setback property lines above sight lines 472 with direct views into adjacent dwelling units and 473 windows. 474 f Window panes must be designed to provide 475 opaqueness. —367— Page 16 of 18 Draft Non - Conforming Lots of Record Amendment 476 L4,) Air - conditioning units may not be located adjacent to the wall 477 of the dwelling unit located on the zero lot line. 478 f The development of multiple contiguous nonconforming lots 479 as a zero lot line development shall comply with the common 480 open space requirements of Section 24- 2.04.02(14). 481 al Sidewalks shall be provided for zero lot line development 482 consisting of more than one contiguous nonconforming lot 483 and shall meet the requirements of Section 24- 2.04.02(18). 484 ) Lot setbacks, dwelling unit setbacks, maximum impervious 485 coverage of the site and individual lots, minimum lot sizes 486 and widths, lot and development access, 487 space, accessory structures and buildings, building heights, 488 maintenance easement widths, onsite stormwater 489 - management, parking, driveway, platting, fencing, 490 landscaping requirements garage standards, and design 491 standards for zero lot line development shall comply with all 492 of the standards of this ordinance. 493 Where a conflict exists between the requirements of this 494 Ordinance and the requirements of Section 24 -2, the "95 requirements of this Ordinance shall prevail. 496 26 -9.2 Development of Contiguous Non - Conforming Small Lots Consisting 497 of 50% or greater of a street or city block. New development of several 498 contiguous non - conforming lots is subject to the same requirements as 499 single - non - conforming lot development, in addition to the following 500 requirements: 501 al A Compact or Clustered Residential Development is permitted on 502 multiple nonconforming lots, provided that the lots are platted, 503 de eioned, and constructed in accordance with the development :04 standards cf Section 24 -3. 505 a Repetition with Variety: Contiguous groups of attached or 506 detached single- family dwelling units,_ professional office units, 507 permitted commercial units, or combination thereof, must add 508 variety to repeated basic building designs by incorporating one or 509 more design techniques to provide variety in appearance. 510 Examples of such techniques include, but are not limited to the 511 following; '512 f Provide front facaoe treatments and building attachments 51 2 residential units, such as porches and decks, bay windows, 514 and trim details. 515 Provide windows in gables or dormers above front porches 516 on residential units to emphasize front entries. —368— Page 17 of 18 Draft Non- Conforming Lots of Record Amendment 517 Additional Standards for Multiple Lot Development. 518 ill Parking for the residential development or redevelopment of 519 multiple contiguous small Tots may utilize Parking Courts 520 (Section 24- 3.9(E) as a parking option. 521 21 Residential driveways constructed on properties utilizing 522 access from the front of the lot and not part of a Parking 523 Court design must be a minimum of 18 feet in length as 524 measured from the front property line. 525 Lai Alley access or rear driveway access provided in the 526' dev€.'oprnent of multic:- contiguous nonconforming lots must 527 measure a minimum of 20 feet in width. S28 Qii Where implemented, pervious materials, such as compacted 529 pervious concrete or pervious pavers, in the construction of Sap all alleys and driveways will not be included in the maximum 531 impervious cover requirements of the individual lots. 532 533 SECTION 3. That the Corpus Christi Zoning Ordinance, approved on the 27th day of .• August, 1972 as amended from time to time, excer` as changed by this ordinance and 535 any other ordinai ices adopted on this date, remain in tuffs Corce and effect. 536 SECTION 4. That to the extent that this amendment to the Corpus Christi Zoning 537 Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive 538 Plan is amended to conform to the Corpus Christi Zoning Ordinance, as amended by 539 this ordinance. 540 SECTION 5. That any ordinance or part of any ordinance in conflict with this ordinance 541 is expressly repealed by this ordinance. 541 SECTION 6. 'f for any reasoi y section, parag nnh, subdivision, clause, phrase, 543 word or provision of this ordinance shall be held invalid or unconstitutional by final 544 judgment of a court of competent jurisdiction, it may not, affect any other section, 545 paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the 546 definite intent of this City Council that every section, paragraph, subdivision, clause, 547 phrase, word or provision hereof be given full force and effect for its purpose. 548 SECTION 7. A violation of this ordinance or requirements implemented under this 549 ordinance constitutes an offense punishable under Section 35 -3, Corpus Christi Zoning 550 Ordinance. 551 SECTION 8. Puaiication shall be trade in the official publication of the City of Corpus 552 Christi as required by the City Charter of the City of Corpus Christi. 553 SECTION 9. This Ordinance shall take effect upon and after publication of this 554 Ordinance. —369— Page 18 of 18 Draft Non - Conforming Lots of Record Amendment 555 That the foregoing ordinance was read for the first time and passed to its second 556 reading on this the day of , 2010, by the following vote: 557 Joe Adame Priscilla G. Leal 558 Mark Scott John E. Marez 559 Larry Elizondo, Sr. Nelda Martinez 560 Brent Chesney Kevin Kieschnick 561 Chris Adler 562 That the foregoing ordinance was read for the second time and passed finally on this 563 the day of , 2010, by the following vote: 564 Joe Adame Priscilla G. Leal 565 Mark Scott John E. Marez 566 Larry Elizondo, Sr. Nelda Martinez 567 Brent Chesney Kevin Kieschnick 568 Chris Adler 569 PASSED AND APPROVED this the day of , 2010. 570 ATTEST: 571 572 Armando Chapa Joe Adame 573 City Secretary Mayor 574 575 APPROVED: day of _ 2010: 576 577 R. Jay Reining 578 First Assistant City Attorney 579 For City Attorney 18 AGENDA CORPUS CHRISTI INDUSTRIAL DISTRICT CORPORATION ANNUAL MEETING DATE: Tuesday, July 13, 2010 TIME: During the meeting of the City Council beginning at 12:00 p.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. Call meeting to order 2. Secretary Armando Chapa call roll Board of Directors Officers Joe Adame `Angel R. Escobar, General Manager Chris Adler Armando Chapa, Secretary Brent Chesney Mary Juarez, Assistant Secretary Larry Elizondo, Sr. Cindy O'Brien, Treasurer Kevin Kieschnick Constance P. Sanchez, Assistant Treasurer Priscilla Leal John E. Marez Nelda Martinez Mark Scott 3. Election of Officers: President, Vice President, General Manager, Secretary, Assistant Secretary, Treasurer, and Assistant Treasurer 4. Approval of minutes of July 6, 2010 5. Financial Report 6. General Manager's Annual Report 7. Public Comment 8. Adjournment MINUTES CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION July 6, 2010 3:38 p.m. PRESENT Board of Directors Larry Elizondo, Sr., President (3:39p.m.) Brent Chesney, Vice - President Joe Adame Chris N. Adler Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Officers Angel R. Escobar, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer Vice - President Chesney called the meeting to order in the Council Chambers of City Hall at 3:38 p.m. City Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been properly posted. Vice- President Chesney called for the approval of the minutes of May 26, 2009. Ms. Martinez made a motion to approve the minutes as presented, seconded by Mr. Kieschnick and passed. President Elizondo called for the financial report. Assistant Treasurer Constance Sanchez reported that the fund balance is $68,560 and the interest earned is $90 for ten months ended May 31, 2010. The board had no questions. A motion was made, seconded, and passed to approve the financial report as presented. President Elizondo introduced Item No. 5, motion authorizing the President to execute a lease to City of Corpus Christi of approximately 91.70 acres tract of land of Tract G, as shown on Cliff Maus Tracts "C, D, E, F and G," Nueces County, Texas, located near intersection of Airport Road at Horne Road, for recreational purposes. General Manager Angel Escobar, stated that this lease relates to Item 12 of the City Council agenda. He stated that the Parks and Recreation Advisory Committee had received a request to name a portion of the property the "Manuel Q. Salinas Park ". He added that through additional research the Legal Department indicated that the property is owned by the Corpus Christi Industrial Development Corporation ( CCIDC) and is recommending that the CCIDC consider leasing the property or deeding it to the City of Corpus Christi. Secretary Chapa polled the Corporation for their votes on Item 5: Minutes - Regular CCIDC Meeting July 10, 2010- Page 2 5. MOTION AUTHORIZING THE PRESIDENT TO EXECUTE A LEASE TO CITY OF CORPUS CHRISTI OF APPROXIMATELY 91.70 ACRES TRACT OF LAND OF TRACT G, AS SHOWN ON CLIFF MAUS TRACTS "C,D,E,F AND G ", NUECES COUNTY, TEXAS, LOCATED NEAR INTERSECTION OF AIRPORT ROAD AT HORNE ROAD, FOR RECREATIONAL PURPOSES. The foregoing motion was passed and approved as follows: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez and Scott voting "Aye "; Marez absent. President Elizondo called for public comment, and there was none. There being no further business to come before the corporation, President Elizondo adjourned the meeting at 3:42 p.m. on July 6, 2010. Corpus Christi Industrial Development Corporation Balance Sheet May 31, 2010 Current assets: Cash Total assets Assets Liabilities and Fund Balance $ 68,560 $ 68,560 Fund balance: Undesignated $ 68,560 Total fund balance 68,560 Total liabilities and fund balance $ 68 560 Corpus Christi Industrial Development Corporation Summary of Transactions For Ten Months ended May 31, 2010 Fund balance at August 1, 2009 $ 68 470_ Revenues: Interest earned 90 Total revenues 90 Fund balance at May 31, 2010 $ 68,560 Memorandum TO: Members of the Board of the Corpus Christi Industrial Development Corporation FROM: `Angel R. Escobar, General Manager DATE: June 30, 2010 SUBJECT: Request for Meeting of the Corpus Christi Industrial Development Corporation ( CCIDC) on July 13, 2010 I am requesting that the annual meeting of the Corpus Christi Industrial Development Corporation ( CCIDC) be held during the Council meeting of July 13, 2010, to consider the following items: 1. Election of Officers: The Bylaws provide for the following officers of the CCIDC: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer and General Manager. Typically, the President and Vice President have been elected from the Board of Directors. The Bylaws provide that officers do not have to be Board members, and the remaining positions have been held by the persons on City staff holding the functional equivalent positions as follows: Secretary Armando Chapa Assistant Secretary Mary Juarez Treasurer Cindy O'Brien Assistant Treasurer Constance Sanchez General Manager `Angel Escobar 2. General Manager's Annual Report: The CCIDC was established in 1980 under the Texas Industrial Development Corporation Act of 1979. The CCIDC has as its general charge the provision of assistance to and encouragement of industrial, manufacturing, warehousing, and commercial activities within Corpus Christi and the Corpus Christi area. The CCIDC's principal tool has been the utilization of Industrial Revenue Bonds which are tax exempt under federal law. These bonds are not a liability of the City, County, or the State and are solely payable from the loan repayment agreements an various industrial warehousing or commercial projects. In addition, some of the bonds are backed by Letters of Credit or corporate guarantees. The Corporation generates income from fees that it charges for the issuance of the bonds. Since its establishment, the Corporation has utilized these fees for various economic development studies and projects for the City of Corpus Christi in an amount in excess of $300,000. These projects have included such items as joint studies of Port activities and small capital improvement projects. The CCIDC has issued approximately $65 million in industrial revenue bonds during its existence which have been responsible for assisting in the financing —378— of a number of projects, including the following: a. Hotel - Motel: Assisted in creation of over 1,000 hotel and motel rooms (Holiday Inn Airport, Sandy Shores, Marriott, Days Inn). b. Warehousing and distribution: 35,000 sq. ft., including Williams Distributing Co. and W.W. Grainger, Inc. c. Industrial: 100,000 sq. ft. of manufacturing facilities for the Die Dietrich USA, Inc., project. The CCIDC has also played a major role in the establishment of the City's State Enterprise Zone. The Enterprise Zone is an economic development tool used by local communities to partner with the State to promote job creation, job retention, and capital investment in economically distressed areas. Designated projects are eligible to apply for State sales and use tax refunds on qualified expenditures based on capital investment and job creation /retention. The CCIDC paid for the Enterprise Zone expansion applications and in 1997 paid for the submission of a new Enterprise Zone application. Since the Zone was originally created in 1969, State approved Enterprise Zone designated projects in Corpus Christi have generated over 4,000 jobs with total investments of approximately $2.9 billion. The CCIDC also funded an architectural study of the old Nueces County Courthouse by the Killis- Almond firm. The last CCIDC bond project was the issuance of bonds for the Airborne Freight Corporation facility at Corpus Christi International Airport in the amount of $1.1 million. There has been no activity regarding CCIDC during the last year. 19 AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION ANNUAL MEETING DATE: Tuesday, July 13, 2010 TIME: During the meeting of the City Council beginning at 12:00 p.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. CaII the meeting to order 2. Secretary Armando Chapa calls roll. Board of Directors Officers Nelda Martinez, President `Angel R. Escobar, General Manager Chris N. Adler, Vice President Armando Chapa, Secretary Joe Adame Mary Juarez, Asst. Secretary Brent Chesney Cindy O'Brien, Treasurer Larry Elizondo, Sr. Constance P. Sanchez, Asst. Treasurer Kevin Kieschnick Priscilla Leal John E. Marez Mark Scott 3. Approval of the minutes of March 23, 2010 4. Election of Officers: President General Manager Vice President Secretary Assistant Secretary Treasurer Assistant Treasurer 5. Approval of the financial report 6. General Manager's Annual Report 7. Appointment of the Loan Review Committee members (see attachment) 8. Public Comment 9. Adjournment MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION March 23, 2010 3:00 P.M. PRESENT Board of Directors Nelda Martinez, President Chris N. Adler, Vice President Joe Adame Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Mark Scott Officers 'Angel R. Escobar, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance Sanchez, Asst. Treasurer President Martinez called the meeting to order in the Council Chambers of City Hall at 3:00 p.m. Secretary Chapa verified that a quorum was present to conduct the meeting and notice of the meeting had been posted. President Martinez called for the approval of the minutes from the November 17, 2009 meeting. Mr. Chesney made a motion to approve the minutes as presented, seconded by Mr. Marez, and passed. President Martinez called for the financial report. Assistant Treasurer Constance Sanchez referred to the summary of transactions for six months ended January 31, 2010 and the fund balance was $18,619,255. The Board had no questions. A motion was made, seconded, and passed to approve the financial report as presented. President Martinez introduced Item No. 5, motion authorizing the General Manager or designee to amend the FY2005 and FY2006 HOME Investment Partnerships (HOME) project for Nueces County Community Action Agency (NCCAA) and to reprogram $461,604 of HOME funds for NCCAA. There were no questions. Secretary Chapa polled the Corporation for their votes: 5. MOTION AUTHORIZING THE GENERAL MANAGER OR DESIGNEE TO AMEND THE FY2005 AND FY2006 HOME INVESTMENT PARTNERSHIPS (HOME) PROJECT FOR NUECES COUNTY COMMUNITY ACTION AGENCY (NCCAA) AND TO REPROGRAM $461,604 OF HOME FUNDS FOR NCCAA. The foregoing motion was passed and approved as follows: Martinez, Adler, Adame, Chesney, Elizondo, Kieschnick, Marez and Scott voting "Aye "; Leal abstained. President Martinez introduced Item No. 6, motion authorizing the General Manager or designee to accept the transfer of the interim construction loan commitment from the Corpus Christi Housing finance Corporation (CCHFC) for the Buena Vida Senior Village project and provide the entire amount of the $475,000 Interim Construction Loan to RRAH Corpus Christi, LP for the development of Buena Vida Senior Village. Oscar Martinez, Assistant City Manager, stated the original plan to be constructed would create 100 new senior apartment units and a 3,500 square -foot club house at 4650 Old Brownsville road to be funded by Corpus Christi Community improvement —384— Minutes — CCCIC meeting March 23, 2010 --- page 2 Corporation (CCCIC} and Corpus Christi Housing Finance Corporation (CCHFC). The revised plan will be funded by CCCIC 100 %. The CCCIC has identified additional funds available for making this interim construction loan. Secretary Chapa polled the Corporation for their votes: 6. MOTION AUTHORIZING THE GENERAL MANAGER OR DESIGNEE TO ACCEPT THE TRANSFER OF THE INTERIM CONSTRUCTION LOAN COMMITMENT FROM THE CORPUS CHRISTI HOUSING FINANCE CORPORATION (CCHFC) FOR THE BUENA VIDA SENIOR VILLAGE PROJECT AND PROVIDE THE ENTIRE AMOUNT OF THE $475,000 INTERIM CONSTRUCTION LOAN TO RRAH CORPUS CHRISTI, LP FOR THE DEVELOPMENT OF BUENA VIDA SENIOR VILLAGE. The foregoing motion was passed and approved as follows: Martinez, Adler, Adame, Chesney, Elizondo, Kieschnick, Leal, Marez and Scott voting "Aye ". President Martinez called for public comment. There was none. There being no further business to come before the Board, President Martinez adjourned the meeting at 3:06 p.m. on March 23, 2010. CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET May 31,2010 Loan Program Special Project HOME Program ASSETS Fund Fund Fund Total Cash and investments 1,334,512 244,586 237,679 1,816,777 Due from U S Government/Other Fund 0 0 0 0 Mortgages receivable 10,226,636 0 6,186,342 16,412,978 Accrued interest receivable 0 0 0 0 Account receivable 0 0 0 0 Leasehold improvements (net of accumulated amortization) 0 0 0 0 Investment in property (net of accumulated depreciation) 120,165 21,047 0 141,212 Total assets 11.681,313 265,633 6,424,021 18,370,967 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable 0 0 0 0 Deposits 44,000 0 0 44,000 Due to other funds 0 0 0 0 Total liabilities Fund Balance: 44,000 0 0 44,000 Reserved for mortgages 10,226,636 0 6,186,342 16,412,978 Reserved for Investments 120,165 21,047 0 141,212 Unreserved 1,290,512 244,586 237,679 1,772,777 Total fund balance 11,637,313 265,633 6,424,021 18,326,967 Total liabilities and fund balance 11.681,313 265,633 6,424,021 18,370,967 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE TEN MONTHS ENDING MAY 31, 2010 Loan Program Special Project HOME Program Fund Fund Fund Revenues: Total Contribution from Federal Government 0 0 719,596 719,596 Interest on loans 45,520 0 15,752 61,272 Interest on investments 528 375 27 930 Rental income 0 0 0 0 Miscellaneous 1,548 0 1,154 2,702 Total revenues 47,596 375 736,529 784,500 Expenditures: Grants 0 0 0 0 Warranty Work 0 0 0 0 Community Development administration 0 0 0 0 Loan processing 238,743 0 1,017,727 1,256,470 Accounting services 0 0 0 0 Interest expense 0 0 0 0 Miscellaneous 0 211 0 211 Accumulated amortization- 0 0 0 0 forgivable loans 0 0 0 0 leasehold improvements 0 0 0 0 Accumulated depredation - building 6,310 0 0 6,310 Total expenditures 245,053 211 1,017,727 1,262,991 Excess of revenues over expenditures (197,457) 16% (281,198) (478,491) Other financing sources(uses): Operating transfers in(out): Transfer From CDBG 0 0 0 0 Transfer To CDBG 0 0 0 Total other financing sources(uses) 0 0 0 0 Excess (Deficit)of revenues and other financing sources over expenditures and other uses (197,457) 164 (281,198) (478,491) Fund balances at August 1, 2009 11,834,770 265,469 6,705,219 18,805,458 Fund balances at May 31, 2010 11,637,313 265,633 6,424,021 18,328,967 -387- Memorandum TO: Members of the Board of the Corpus Christi Community Improvement Corporation FROM: 'Angel R. Escobar, General Manager DATE: June 30, 2010 SUBJECT: Request for Annual Meeting of the Corpus Christi Community Improvement Corporation (CCCIC) on July 13, 2010 I am requesting that the annual meeting of the Corpus Christi Community Improvement Corporation (CCCIC) be held during the Council meeting of July 13, 2010, to consider the following: 1. Election of Officers: The Bylaws provide for the following officers of the CCCIC: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer and General Manager. Typically, the President and Vice President have been elected from the Board of Directors. The Bylaws provide that officers do not have to be Board members, and the remaining positions have been held by the persons on City staff holding the functional equivalent positions as follows: Secretary Assistant Secretary Treasurer Assistant Treasurer General Manager Armando Chapa Mary Juarez Cindy O'Brien Constance Sanchez 'Angel Escobar 2. General Manager's Annual Report: According to the CCCIC bylaws, an annual election of officers is required. The CCCIC was originally incorporated as a nonprofit corporation in 1976 as the Corpus Christi Housing Improvement Corporation (name change occurred on March 16, 1993). The Corporation was "organized exclusively for the purpose of benefiting and accomplishing public purposes of, and on behalf of, the City, by financing the cost of residential ownership and development that will provide decent, safe and sanitary housing for residents for the City at prices they can afford." The intent was simply to provide a vehicle for the City's single family rehabilitation program; however, over the years the Corporation has taken a much broader role in not only handling Community Development Block Grant (CDBG) funds, but also HOME Investment Partnerships funds and special CDBG projects for the City. With the addition of the FY2010 HOME program, the CCCIC will have provided over $40.7 million of funding to affordable housing projects and more than 5,530 units have been assisted through the CCCIC's many programs. The CCCIC is a public non - profit corporation, a separate legal entity from the City of Corpus Christi, with the responsibility to maintain /manage the corporation in accordance with the U.S. Department of Housing and Urban Development rules. As such, CCCIC meetings are requested at interval times throughout the year to allow City staff to make contractual obligations or amendments in relation to affordable housing programs and developments. CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION /LOAN REVIEW COMMITTEE — Three (3) vacancies with terms to 5 -7 -13 repl-esenting the following categories: 1 — financial institution, 1— community at large a,ld ? — employed in the delivery of Health and Human Services. DUTIES: Review and approve loan applications submitted through the various loan programs in accordance with the Rehabilitation Loan Handbook. COMPOSITION: Eleven (11) members to serve three -year terms. The committee shall be composed of the following representatives: 4 - members from the following professions: legal, real estate agency, general contractor/ remodeler/ homebuilder, architect, engineer, residential home designer; 2 - financial institutions; 1 -- member employed in the delivery of Health and Human Services; and 4 - community at large. Appointments to be made by the Board of Directors of CCCIC (City Council). Members must comply with the City's Code of Ethics. Chairman to be selected by Loan Review Committee for a one -year term. MEMBERS Alice Vaughan (Real Estate), Chairperson Chris Hamilton (Community at Large) Cliff Atnip (Community at Large) *David Cantu (Financial Inst.) Keith Parker (Engineer) Abel Alonzo (Community at Large) *Barry Lobell (Community at Large) *Maria Clarissa Lopez (Health/Human) Javier Arroyo (Financial Inst.) Jodi Steen (Homebuilder) Coretta Graham (Legal) TERMS 5 -07 -12 5 -07 -12 5 -07 -11 5 -07 -10 5 -07 -12 5 -07 -11 5 -07 -10 5 -07 -10 5 -07 -11 5 -07 -12 5 -07 -12 ORIGINAL APPTD. DATE 3 -16 -93 5 -26 -09 5 -27 -08 5 -12 -98 5 -26 -09 5 -27 -08 5 -12 -98 11 -17 -09 11 -17 -09 5 -26 -09 5 -26 -09 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM David Cantu (Financial Inst.) 7 Barry Lobell (Comm. at Large) 7 Maria C. Lopez (Health/Human) 3 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation NO. PRESENT 6(lexc) 4(3exc) 2(lexc) % OF ATTENDANCE LAST TERM YEAR 86% 59% 66% 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. (Community at Large) (4- 22 -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. (Community at Large) (6-8 -09) Timothy Goss Registered Representative /Agent, New York Life. Former Special Agent with United States Army Intelligence. Received Associates Degree from Harold Washington College, BS in Sociology from University of the State of New York and Master of Public Administration from Troy University. Attended Japanese Language School — Read, Writes, and Speaks Japanese. (Community at Large) (4- 21-09) Sandra L. Jackson Jacey Jetton Christie Martinez Equipment Specialist, Corpus Christi Army Depot. Received Associates Degree from Del Mar College. Currently Student at Texas A &M University- Corpus Christi. Activities include: NAACP, Blacks in Government, and Black Writers Association. (Community at Large) (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. (Community at Large) (5- 18 -09) OWP -Clerk IV, State of Texas Health and Human Services Commission. Received a Bachelors in Finance from Texas A &M University - Corpus Christi. Activities include: HHSC Volunteer Committee -Flynn Parkway. Currently Serves on the Senior Companion Program Advisory Committee. (HealthlHuman Services or Community at Large) (4 -8 -10) Stefany Tegeler Schade Self-Employed/Owner. TorOso Financial Group, LLP. Received Bachelor's and Master's in Accounting from Texas A&NI University- Corpus Christ. Act vities inc1u :: National Association of Pr fessienal Women and Texas Society of Certified Public Accountants. (Financial Institution or Community at Large) (5- 28 -09) Estella Sears Received BA in Business from Judson University, Rockford, Illinois. Formerly Involved with Rockford Carer College Hispanic Festival Expo, Rockford Register Star Brigade, Judson University Cohort Class president, and Chamber of Commerce Board Member/Director in Kirkland, Illinois. (Community at Large) (11- 30 -09) Lattice M. Sellers Self- Employed. Received A.A. in Radio & Television Communications from Del Mar College and BA and MA from Minnesota Graduate School of Theology. Activities include: Currently Serves on Cable Communications Commission, Community Organizer and Ministry. (Community at Large) (4- 15 -09) Claude R. Smith Retired, United States Army. (Community at Large) (7- 24-09) Gloria Sykes - Saucedo Manager of Volunteer Services, Odyssey Healthcare. Received an Associates Degree. Activities include: Fund Raisers, Volunteer at Nursing Homes and Volunteer with Foster Children. Currenty Serves on the Sister City Committee. (Health/Human Services or Community at Large) (1- 14 -10) Jennifer Taylor Steve Trubatisky Angelia Valencia IT Recruiter, Integrity Workforce Solution. Received Associates Degree - Paralegal. (Community at Large) (8- 10-09) Real Estate Broker Associate, Realty World Island Properties. Attended Tarleton State University, Stephenville, Texas. Activities include: Corpus Christi Association of Realtors. (Community at Large) (2- 11 -09) Substitute Teacher, Calallen Independent School District. Received BA in Social Science and MA Behavioral Science /Sociology. Certified Bilingual Teacher. Activities include: Bold Future for the Coastal Bend and Gonzalez Community Center Volunteer. (Community at Large) (12- 5-08) 20 AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION ANNUAL MEETING DATE: Tuesday, July 13, 2010 TIME: During the meeting of the City Council beginning at 12:00 p.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. Call meeting to order 2. Secretary Armando Chapa calls roll Board of Directors John E. Marez, President Kevin Kieschnick, Vice President Joe Adame Brent Chesney Larry Elizondo, Sr. Chris Adler Priscilla Leal Nelda Martinez Mark Scott Officers `Angel R. Escobar, General Manager Armando Chapa, Secretary Mary Juarez, Assistant Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Assistant Treasurer 3. Approval of the minutes March 23, 2010 4. Election of Officers: President Vice President 5. Approval of the financial report 6. General Manager's Annual Report 7. Public Comment 8. Adjournment General Manager Secretary Assistant Secretary Treasurer Assistant Treasurer MINUTES CORPUS CHRISTI HOUSING FINANCE CORPORATION MEETING March 23, 2010 3:07 p.m. PRESENT Board of Directors John Marez, President Kevin Kieschnick, Vice President Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Priscilla Leal Nelda Martinez Mark Scott Officers Angel R. Escobar, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy OBrien, Treasurer Constance P. Sanchez, Asst. Treasurer President Marez called the meeting to order in the Council Chambers of City Hall at 3:07 p.m. Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been posted. President Marez called for the approval of the minutes of the May 26, 2009 meeting. Mr. Kieschnick made a motion to approve the minutes as presented, seconded by Ms. Martinez, and passed. President Marez called for the financial report. Assistant Treasurer Constance Sanchez stated that the fund balance was $615,169 for six mtnths ended January 31, 2010. There were no questions regarding the report. A motion was made, seconded, and passed to approve the financial report as presented. President Marez opened discussion on Item 5, motion authorizing the transfer of the loan commitment to RRAH Corpus Christi, LP for the Buena Vida Senior Village project to the Corpus Christi Community Improvement Corporation (CCCIC) so that the entire $475,000 loan will be funded by the CCCIC. Secretary Chapa polled the Corporation for their votes: 5. MOTION AUTHORIZING THE TRANSFER OF THE LOAN COMMITMENT TO RRAH CORPUS CHRISTI, LP FOR THE BUENA VIDA SENIOR VILLAGE PROJECT TO THE CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION (CCCIC) SO THAT THE ENTIRE $475,000 LOAN WILL BE FUNDED BY THE CCCIC. The foregoing motion was passed and approved with the following vote: Marez, Kieschnick, Adame, Chesney, Elizondo, Adler, Leal, Martinez, and Scott voting "Aye ". President Marez opened discussion on Item 6, motion authorizing the General Manager or designee to loan the City of Corpus Christi an amount not to exceed $575,000 to finance the acquisition and improvement of the Ward Building Parking lot to be used for long -term parking primarily for downtown residents. Oscar Martinez, Assistant City Manager, stated this will provide funding for a loan to the City for construction and completion of the parking lot. Ms. Martinez asked —396— Minutes — CCHFC March 23, 2010 — Page 2 that information be provided to the sooner to allow them to better steward the funds. Also, the debt payment to be included in their packet. Secretary Chapa polled the Corporation for their votes: 6. MOTION AUTHORIZING THE GENERAL MANAGER OR DESIGNEE TO LOAN THE CITY OF CORPUS CHRISTI AN AMOUNT NOT TO EXCEED $575,000 TO FINANCE THE ACQUISITION AND IMPROVEMENT OF THE WARD BUILDING PARKING LOT TO BE USED FOR LONG -TERM PARKING PRIMARILY FOR DOWNTOWN RESIDENTS. The foregoing motion was passed and approved with the following vote: Marez, Kieschnick, Adame, Chesney, Elizondo, Adler, Leal, Martinez, voting "Aye ". Scott absent. Mr. Marez called for public comment. There was none. There being no further business to come before the corporation, President Marez adjourned the meeting at 3:15 p.m. on March 23, 2010. Corpus Christi Housing Finance Corporation Balance Sheet May 31, 2010 Current assets: Cash in bank Advance to General Fund Total assets Assets Liabilities and Fund Balance $ 41,368 575,000 $ 616,368 Fund balance: Undesignated $ 616,368 Total fund balance 616,368 Total liabilities and fund balance $ 616,368 Corpus Christi Housing Finance Corporation Summary of Transactions For Ten Months Ended May 31, 2010 Fund balance at August 1, 2009 $ 533,134 Revenues: interest 522 Application fees 4,350 Participation /Lender Fee 500 Refinancing Fee _ 240 Extension Fee 75 Developer Fee 86,138 Replacement fee 150 Issuance fee 7,350 Total revenues 99,325 Expenditures: Administrative costs 16,091 Total expenditures 16,091 Fund balance at May 31, 2010 $ 616,368 Memorandum TO: Members of the Board of the Corpus Christi Housing Finance Corporation FROM: 'Angel R. Escobar, General Manager DATE: June 30, 2010 SUBJECT: Request for Annual Meeting of the Corpus Christi Housing Finance Corporation ( CCHFC) on July 13, 2010 am requesting that the annual meeting of the Corpus Christi Housing Finance Corporation ( CCHFC) be held during the Council Meeting of July 13, 2010, to consider the following: 1. Election of Officers: The Bylaws provide for the following officers of the CCHFC: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer and General Manager. Typically, the President and Vice President have been elected from the Board of Directors. The Bylaws provide that officers do not have to be Board members, and the remaining positions have been held by the persons on City staff holding the functional equivalent positions as follows: Secretary Assistant Secretary Treasurer Assistant Treasurer General Manager Armando Chapa Mary Juarez Cindy O'Brien Constance Sanchez `Angel Escobar 2. General Manager's Report: The CCHFC has been active in providing mortgage assistance since 1980, which marked the establishment of state law allowing such corporations. In the early 1980's, the CCHFC issued approximately $150,000,000 in single family mortgage revenue bonds. Beginning in 1987, the CCHFC became a trailblazer in offering Mortgage Credit Certificates in Texas in order to assist first - time homebuyers. The Corpus Christi program was the first program in the state, and it was the only program available for several years. Since then, others communities as well as the Texas Department of Housing and Community Affairs have offered similar programs. A Mortgage Credit Certificate (MCC) is a federal tax credit that can be issued by the CCHFC once it receives an allocation of federal mortgage bond authority. The MCC authorizes a first -time home buyer to take a federal tax credit on his or her federal income taxes for a portion of the mortgage interest paid on a qualifying home loan. The tax credit is available each year that the home buyer occupies the residence. Since the inception of the MCC program, over $130,000,000 in mortgage assistance has been made available to more than 2,100 first -time home buyers in Corpus Christi through this tax incentive and the efforts of the CCHFC. The CCHFC either has operated its own MCC programs or administered MCC programs for other entities on a continual basis for 20 years. The previous MCC allocation received for the City established the 2007 program which ended on December 31, 2008. In August 2008, the CCHFC authorized an application to the Texas Bond Review Board for a new allocation of federal bond authority, and are pleased to report that the CCHFC had received an allocation of just over $21 million of authority.