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HomeMy WebLinkAboutAgenda Packet City Council - 07/12/201111:45 A.M. - Proclamation declaring the week of July 11-17, 2011 as "RTA 25th Anniversary Celebration — 1986-2011" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JULY 12, 2011 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 a! Concilio y cree que su ingles es limitado, habre un interprets ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Reverend Rick Barrera, Cornerstone Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Larry Elizondo, Sr. Council Members: Chris N. Adler Kevin Kieschnick Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Agenda Regular Council Meeting July 12, 2011 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of June 28, 2011 and Special Meeting of June 24, 2011. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Cable Communications Commission * Coastal Bend Council of Governments * Corpus Christi Business and Job Development Corporation * Planning Commission * Retired and Senior Volunteer Program Advisory Committee * Senior Companion Program Advisory Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. 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.) Agenda Regular Council Meeting July 12, 2011 Page 3 3. 4. 5. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Motion authorizing the City Manager or designee to accept a grant in the amount of $761,604 from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) grant. (Attachment # 3) b. Ordinance appropriating $761,604 in the No. 1061 Police Grants Fund from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department. (Attachment # 3) a. Motion authorizing the City Manager or designee to accept a grant in the amount of $570,000 from the Texas Department of Public Safety, Department of Homeland Security FEMA for funding eligible under the Buffer Zone Protection Program (BZPP) grant. (Attachment # 4) b. Ordinance appropriating $570,000 in the No. 1061 Police Grants fund from the Texas Department of Public Safety, Department of Homeland Security FEMA for funding eligible under the Buffer Zone Protection Program (BZPP) to purchase law enforcement equipment for the police department. (Attachment # 4) a. Resolution authorizing the City Manager or designee to execute an Interlocal agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2011 Local Solicitation. (Attachment # 5) b. Resolution authorizing the City Manager or designee to submit a grant application in the amount of $212,139 to the U. S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2011 Local Solicitation; 50% of the funds to be distributed to Nueces County under the established Interlocal agreement. Grant funds will be used for the enhancement of law enforcement efforts by the Police Department and Nueces County. (Attachment # 5) Agenda Regular Council Meeting July 12, 2011 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6. Ordinance consenting to the assignment of an On -Airport Rental Car Concession and Lease Agreement with Gulf Coast Car Rental, Inc. to EAN Holdings, LLC dba Alamo Rent A Car and National Car Rental; authorizing the City Manager or designee to execute assignment and assumption agreement between all parties. (Attachment # 6) 7. Ordinance establishing a water supply development reserve in the No. 4010 Water Fund; reserving $221,797.53 from Federal Emergency Management Agency, as reimbursement for Disaster 1425 (Texas 2002 Floods); in the water supply development reserve of the No. 4010 Water Fund; changing the FY 2010-2011 Operating Budget, adopted by Ordinance No. 028252 by increasing proposed revenues by $221,797.53. (Attachment # 7) 8. Ordinance authorizing the City Manager or designee to execute a five year use permit with Sundance Fuels, Ltd. for the use of Cooper's Alley L -Head for the purpose of operating a Marina Fuel Station for monthly rental payments of $200.00. (Attachment # 8) 9. Resolution authorizing the City Manager or designee to execute all documents necessary, including application, to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2011-2012 under the Texas General Land Office's cleaning and maintenance assistance program. (Attachment # 9) 10. Ordinance appropriating $54,309.99 in developer contributions and $1,679.64 in interest earnings for a sum of $55,989.63 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. (Attachment # 10) 11. Ordinance authorizing the resale of five (5) properties for $14,500 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $785.60, plus $2,661.64 for partial payment of City paving and demolition liens. (Attachment # 11) 12. a. Resolution authorizing the City Manager or designee to execute a Second Amendment to the Interagency Cooperation Contract with the Texas Historical Commission Agenda Regular Council Meeting July 12, 2011 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) (THC) which extends the term of the contract through August 31, 2012, and increases the amount of funding provided by the THC by $42,106 ($35,000 of which is contingent upon future funding by the Texas Legislature). (Attachment # 12) b. Ordinance appropriating $42,106 from the Texas Historical Commission ($35,000 of which is contingent upon future funding by the Texas Legislature) in the No. 1069 Museum Grants Fund for the complete reinventory of the La Belle artifact collection held at the Corpus Christi Museum of Science and History. (Attachment # 12) 13. Motion authorizing the City Manager or designee to execute Amendment No. 1 to the Contract for Professional Services with CH2MHilI of Corpus Christi, Texas in the amount of $392,323 for a total re -stated fee of $719,038 for the ADA Improvements Group 3 (BOND ISSUE 2008) and Accessible Routes in CDBG Residential Areas Phase 1. (Community Development Block Grant (CDBG) Program) (Attachment # 13) 14. Second Reading Ordinance - Abandoning and vacating a 1,764 square foot portion of a 15 -foot wide public alley right-of-way, out of Lots 4-7, Block 9, Bay View Addition, said public right of way, being located between Santa Fe Street and Fifth Street, and north of the Morgan Avenue public street right-of-way, subject to compliance with the specified conditions. (First Reading 06/28/11) (Attachment # 14) 15. Second Reading Ordinance - Amending the Unified Development Code by replacing tables 1.10.5 and 4.1.1 in their entirety, adding a provision to the definition of a Dwelling, revising the. Landmark Commission vote requirement at Subsection 3.16.2.8.1, amending a portion of Table 7.2.2.6. regarding indoor recreation, and amending the Urban Transportation Plan Design Criteria Manual, Appendix to UDC Article 8, by inserting revised Figures 1A and 3 through 13; providing for severance; providing for publication; providing for an effective date and providing for penalties. (First Reading — 06/28/11) (Attachment # 15) 16. Second Reading Ordinance - Amending the Code of Ordinances Chapter 14, Article 11, Division 1, Section 14-223 (A) (1) and adding to Section 14-202 a new definition, all relating to building occupancy; providing for publication, providing for penalties. (First Reading -- 06/28/11) (Attachment # 16) Agenda Regular Council Meeting July 12, 2011 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) I. 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 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: 17. CAPITAL BUDGET: a. Resolution amending Part 11, Council Policies, of the Corpus Christi Code. of Ordinances, to add five policies relating to (1) approval of the Capital Improvement Plan; (2) Capital Project Strategy; (3) utility costs associated with General Obligation Bond Projects; (4) Utility Capital Reserve Funds; and (5) Storm Water Capital Projects, in accordance with Resolution No. 028994. (Attachment # 17) b. Public hearing and First Reading Ordinance to consider approving the FY 2012 Capital Budget and Capital improvement Planning Guide in the amount of $155,970,500. (Attachment # 17) K. SPECIAL BUDGET CONSIDERATION ITEMS: PROPOSED CITY OF CORPUS CHRISTI BUDGET FY 2011- 2012: 18. Resolution amending Financial Policies adopted by Resolution No. 028609 and providing financial policy direction on preparation of the FY 2011-2012 Budget. (Attachment # 18) 19. a. First Reading Ordinance -- Adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2011; to be filed with the County Clerk; appropriating monies as provided in the budget. (Attachment # 19) Agenda Regular Council Meeting July 12, 2011 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. First Reading Ordinance — To ratify .increase of $1,058,875 in property tax revenues from last year's operating budget as reflected in the 2011-2012 Operating Budget. (Attachment # 19) PROPOSED REVISIONS TO THE CODE OF ORDINANCES CHAPTER 39, PERSONNEL: 20. First Reading Ordinance - Amending Code Of Ordinances, Chapter 39, Personnel, Article 111 Employee Compensation And Classification System, to revise Section 39-303 by deleting provision to maintain 5% differential above employees supervised by select positions in Pay Plan 400; to revise Section 39-304 by adding City Auditor's Office; to revise Sections 39-329, 39-332, 39-345, and 39-347 regarding vacation leave; to revise Sections 39-340 and 39-354 regarding sick leave; to revise Section 39-366 by adding personal leave hours are not paid out at termination; repealing all other ordinances, and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for effective date. (Attachment # 20) PROPOSED FEE/RATE INCREASE ADJUSTMENTS INCLUDED IN THE PROPOSED FY 2011-2012 BUDGET: 21. a. First Reading Ordinance - Amending Sections 55-50, 55-54, and 55-56, Code of Ordinances, City of Corpus Christi, regarding water rates for Fiscal Year 2011-2012; providing an effective date; and providing for publication. (Attachment # 21) b. First Reading Ordinance - Amending Sections 12-108, Code of Ordinances, City of Corpus Christi, regarding Sunrise Beach recreation site rates for Fiscal Year 2011-2012; providing an effective date; and providing for publication. (Attachment # 21) c. First Reading Ordinance — Revising the title of Article VII, Chapter 55, Code of Ordinances; amending Section 55-100, Code of Ordinances, City of Corpus Christi, setting the wastewater rates for Fiscal Year 2011-2012; establishing the procedures for the Fiscal Year 2011-2012 of the wastewater rates; providing an effective date; and providing for publication. (Attachment # 21) Agenda Regular Council Meeting July 12, 2011 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) d. 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 2011-2012; providing for publication; and providing for effective date. (Attachment # 21) e. First Reading Ordinance - Amending Section 2-79 of the Code of Ordinances, by authorizing an annual nonresident Library Fee; providing an effective date; and providing for publication. (Attachment # 21) L. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 22. First Reading Ordinance — Amending Chapter 53, Traffic, Article lll. Enforcement and Compliance, and Article VI, Standing and Parking of the Corpus Christi Code of Ordinances, by revising various sections in said articles to make stopping, standing and parking violation a civil offense; to provide for civil penalties; to create parking improvement fund; to provide parking citation as notice of administrative adjudication hearing and create failure to answer citation an admission of liability; to provide Texas Department of Motor Vehicle's record as prima facie evidence and presumption owner as violator; to provide an increase in immobilization fee; to create an office of administrative hearings and appoint hearing officer to conduct administrative adjudication hearing; to provide an appeal and enforcement of hearing officer's finding; to provide impoundment and immobilization of motor vehicle for unpaid parking citations; to create violations to provide for penalties; to provide for publication; to provide for a repealer clause; and to provide for effective date of October 1, 2011. (Attachment # 22) 23. First Reading Ordinance — Amending Chapter 53, Traffic, Article I. Definition, Article II. Administration, Article VI. Standing and Parking and Article VIII. Schedules of the Corpus Christi Code of Ordinances, by revising various sections in said articles to provide additional definition; to create and expand Parking Enforcement Officer duties; to provide installation of parking meters and pay stations, to provide paid parking spaces and zones and location; to provide time limits on paid parking spaces and zones; to provide fee and exemptions; to provide Agenda Regular Council Meeting July 12, 2011 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) parking citation for parking violation; to establish Parking Advisory Committee; to establish parking zone and rate; to provide for penalties; to provide for publication; to provide for a repealer clause; and to provide an effective date of August 1, 2011. (Attachment # 23) M. PRESENTATIONS: Public comment will not be solicited on Presentation items. 24. Parks and Recreation Advisory Committee Annual Report (Attachment # 24) 25. Sports Entertainment and Arts (SEA) District -- Traffic Control Chaparral Street Improvements (Attachment # 25) 26. Nueces County Tax Appraisal District — Appraisal of Property (Attachment # 26) 27. Mary Rhodes Pipeline Phase 2 — Project Status Update (Attachment # 27) N. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION, 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. WATER CIM of Cornus Chli$1l Agenda Regular Council Meeting July 12, 2011 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. O. CITY MANAGER'S COMMENTS: (NONE) P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletpn board at the front entrance to City Hall, 1201 Leopard Street, at 00 p.m., on July 7, 2011. 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 c^a 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 II Water Plan Safe and Healthy Community Initiatives (Gang, Graffiti, and Physical Health Emphasis) Support Continued Military Presence 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Special Council Meeting June 24, 2011 — 10:30 a.m. PRESENT Mayor Joe Adame Mayor Pro Tem Larry Elizondo, Sr. Council Members: Chris Adler Kevin Kieschnick Priscilla Leal David Loeb John Marez Mark Scott City Staff: City Manager Ronald L. Olson (via conference call) City Attorney Carlos Valdez City Secretary Armando Chapa Prior to the 10:30 Special Council Meeting, the invocation was delivered by the Most Reverend Edmond Carmody, DD, Bishop Emeritus of Corpus Christi. The Pledge of Allegiance to the flag was led by Council Member Adler. The Honorable Nelva Gonzales Ramos, 347th District Court, conducted the swearing-in ceremony of the Mayor and Council members. The Mayor and each Council Member thanked their family, friends, and supporters for their assistance and encouragement during the election process. Mayor Adame called for a brief recess before the new Council began their first Regular Council meeting. * * * * * * * * * * * * Mayor Adame called the meeting to order in the Council Chambers of City Hall. 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 referred to Item D, the selection of Mayor Pro Tem. He recommended rotating the Mayor Pro Tem service dates for the Council Members. Council members drew numbers for the rotation of service. Ms. Martinez made a motion to accept the Mayor Pro Tem rotation. The motion was seconded by Mr. Scott. City Secretary Chapa polled the Council for their votes as follows: D. MOTION NO. 2011-135 Motion providing for rotation of Mayor Pro Tem services as follows: Larry Elizondo Priscilla Leal John Marez Chris N. Adler David Loeb Mark Scott Nelda Martinez Kevin Kieschnick 06/24/11 - 08/29/11 08/30/11 - 10/31/11 11/01/11 - 01/02/12 01/03/12 - 03/05/12 03/06/12 - 05/07/12 05/08/12 - 07/09/12 07/10/12 - 09/10/12 09/11/12 - End of Term The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye". —1— Minutes — Special Council Meeting June 24, 2011 — Page 2 MayorAdame referred to the Special Budget item regarding the discussion and consideration of the FY2011-2012 Budget and Related Policy Issues. City Manager Olson stated that there are four decisions for the Council to consider for staff to move forward including using the current tax rate or the effective tax rate; use of the fund balance in reserves; and use of the hotel occupancy tax fund (HOT). Mr. Olson reported that the Council gave explicit direction during the last Council meeting but staff wants to make sure of the decision prior to moving forward. City Manager Olson stated that his recommendation is to proceed with the effective tax rate and allow the use of reserves if necessary to give stability over the next two (2) to 3 (three) years to concentrate on funding more efficiency. In response to MayorAdame regarding the HOT tax, Mr. Olson said the Council discussed beach cleaning, supporting the arts, and that the Convention and Visitors Bureau is functioning well. MayorAdame asked for a motion on the current or the effective tax rate. Ms. Adler made a motion to proceed with the effective tax rate. The motion was seconded by Ms. Martinez. The following topics pertaining to this motion were discussed: how the Council can aid the City Manager in the process of finding efficiencies and how to determine the effectiveness of the efficiencies; the creation of the performance improvement team; the timeframe for reviewing the efficiencies for each department; focusing on prioritizing core services; the reorganization and consolidation efforts; not compromising public safety; the three-year budget plan; consideration of a hybrid between the current and effective tax rate by looking for potential cuts to reduce the tax rate increase; support for the effective tax rate while staff continues to look for efficiencies; the challenges with street maintenance and under -funded departments; concern with the reduction of staffing levels and the ability for departments to respond to community issues and mandates; consideration for collaborating with school districts and Nueces County to find efficiencies; and partnering with the Regional Transportation Authority to make arrangements for seniors to travel to other senior centers. MayorAdame called for comments from the audience. Abel Alonzo, 1701 Thames, stated that staff is presenting the facts and hopes that the Council has trust and confidence in the new City Manager. Mr. Alonzo hopes the community supports the City Manager's recommendations. Jim McCutchon spoke regarding the City employee's retirement system. A brief discussion ensued and Mayor Adame requested that staff provide a presentation on the TMRS employee retirement system. Foster Edwards, CEO of the Corpus Christi Chamber of Commerce, stated that the Chamber is in favor of the City Manager's recommendations to preserve the quality of place. Dr. Robert Furgeson, 1334 Sand Piper Drive, spoke in support of the effective tax rate to develop stability in City services and identify efficiencies. City Secretary Chapa announced that there was a motion on the floor directing staff to go with the effective tax rate. Mr. Kieschnick made a motion to amend Ms. Adler's motion to go with the effective tax rate or a hybrid thereof. The motion was seconded by Mr. Marez. Council Member Loeb asked for clarification that the motion indicated that staff would continue to work on the budget to find savings that are agreeable or otherwise go with the effective tax rate. Council Member Kieschnick responded in the affirmative. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion failed with the following vote: Adame, Kieschnick, Marez, and Loeb, voting "Aye"; Adler, Elizondo, Leal, Martinez, and Scott, voting "No". City Secretary Chapa polled the Council for their votes as follows on the original motion to proceed with the effective tax rate: -2- Minutes — Special Council Meeting June 24, 2011 — Page 3 The foregoing motion was passed and approved with the following vote: Adame, Adler, Loeb, Marez, and Martinez, voting "Aye"; Elizondo, Kieschnick, Leal, and Scott, voting "No". Mayor Adame referred to discussion on the use of the fund balance. Council Member Scott asked questions on how much staff plans to use of the reserve funds during the three year plan. Assistant City Manager Oscar Martinez reported that staff balanced the budget on a three year plan and will continue to strive to look for efficiencies. Mr. Martinez stated that even with the effective tax rate, the City is still facing a shortfall. Mr. Martinez explained that it would be essential to use the fund balance to have the flexibility to use anything over 10% to offset the current costs. Mr. Scott made a motion to direct the allocation of appropriate contributions from the fund balance in the three year plan. The motion was seconded by Ms. Martinez. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye". Mayor Adame opened discussion on the use of the HOT funds. Mr. Scott made a motion to direct staff to use a portion of the HOT fund balance to fund Park and Recreation beach cleaning in the amount of $270,000; the Art Museum of South Texas in the amount of $170,000; and the Botanical Gardens in the amount of the $20,000. The motion was seconded by Mr. Elizondo. Mr. Martinez reported that the HOT fund balance would be $303,000. Council Member Adler requested that the maintenance of public art be added to the motion in the amount of $20,000. Mr. Scott and Mr. Elizondo accepted the amendment. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye". Council MemberAdler stated that the Corpus Christi Symphony is in dire need of funding and would like to support funding this organization. Council Member Martinez asked to defer this decision to the next meeting. Assistant City Manager Martinez said staff would meet with the Corpus Christi Symphony to identify their needs. Council Member Marez said that regardless of the vote for the effective tax rate, staff should continue to work towards finding efficiencies between now and the final vote. Council Member Elizondo stated that he is prepared to support the increase if necessary but only if staff continues to work to find opportunity for efficiencies. City Manager Olson thanked the Council for their support and confidence. ************„ There being no further business to come before the Council, Mayor Adame adjourned the Special Council meeting at 12:28 p.m. on June 24, 2011. ***** ***** * * * -3- MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 28, 2011 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Larry Elizondo, Sr. Council Members: Chris Adler Kevin Kieschnick Priscilla Leal David Loeb Nelda Martinez Mark Scott ABSENT John Marez City Staff: City Manager Ronald L. Olson 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 Assistant Sr. Minister Jeanne Gardiner with Unity By The Sea Church and the Pledge of Allegiance to the United States flag was led by Council Member Loeb. 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 21, 2011. A motion was made and passed to approve the minutes as presented. ************ Mayor Adame referred to Item 2 and the following board appointments were made: Building Code Board of Appeals John R. Dykema Jr. (Reappointed) Mike Lippincott (Reappointed) Sister City Committee Yvette Lara (Appointed) Franklin L. Harper (Appointed) Andi Baker (Appointed) Mohamad Omar (Appointed) Samantha Chase (Appointed) Civil Service Board/Commission Susanne Bonilla (Reappointed) Hector Saenz, Jr. (Reappointed) Catherine F. Lutz (Reappointed to Commission; Appointed to Board) Advisory Committee on Community Pride Christina Hernandez (Appointed) Jack Pence (Appointed) Tony Reyes (Appointed) Human Relations Commission Ramiro H. Gamboa (Reappointed; Appointed as Chair for a one (1) year period) Kathleen (Katy) Cooper (Reappointed) Robert Franklin (Reappointed) Reverend Derrick Reaves (Reappointed) Jacob Sendejar (Reappointed) Janet Zuniga (Reappointed Brianna Mendiola (Appointed) —5— Minutes — Regular Council Meeting June 28, 2011 — Page 2 Mayor's Fitness Council Jane Bell (Reappointed) D. Scott Elliff (Reappointed) Grete McBath (Reappointed) Wade Spenst (Reappointed) Elizabeth Feeney (Appointed) Mayor Adame called for consideration of the consent agenda (Items 3 - 10). There were no comments from the public. Council members requested that Items 4 and 9 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2011-136 Motion approving a service agreement with R&R Delivery Service, of Corpus Christi, Texas, for meal delivery service consisting of the delivery of approximately 200,000 meals for the Elderly Nutrition Program, Adult Protective and Title XX Meals on Wheels, in accordance with Bid Invitation No. BI -0116-11 based on only bid for an estimated annual expenditure of $268,000, of which $22,333.33 is required in FY2010-2011. The term of the agreement will be for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager, or designee. Funds have been budgeted by the Senior Community Services division of the Parks and Recreation Department in FY2010-2011. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez, and Scott, voting "Aye"; Marez was absent. 5.a. MOTION NO. 2011-138 Motion authorizing the City Manager or designee to accept a grant in the amount of $96,709 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez, and Scott, voting "Aye"; Marez was absent. 5.b. ORDINANCE NO. 029105 Ordinance appropriating $96,709 in the No. 1061 Police Grants Fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez, and Scott, voting "Aye"; Marez was absent. 6. ORDINANCE NO. 029106 Ordinance appropriating $759,163 in revenue from customerfacility charges in the No. 4631 Airport Customer Facility Charge Fund to fund design, construction and debt service -6- Minutes — Regular Council Meeting June 28, 2011 — Page 3 associated with Quick Turn Around Facility for rental car operations at Corpus Christi International Airport; amending the FY 2010-2011 Capital Budget approved by Ordinance No. 028995 to increase appropriations by $759,163. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez, and Scott, voting "Aye"; Marez was absent. 7. ORDINANCE NO. 029107 Ordinance authorizing the City Manager or designee to execute a five year conduit use agreement with CenturyTel Acquisition, LLC to install, operate and maintain telecommunications facilities within city conduit located in Ocean Drive right-of-way between Alameda Street and Sand Dollar Boulevard in consideration of $7,594.80 annual payment. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez, and Scott, voting "Aye"; Marez was absent. 8. ORDINANCE NO. 029108 Ordinance authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with the Port of Corpus Christi Authority for sharing of network resources. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez, and Scott, voting "Aye"; Marez was absent. 10. MOTION NO. 2011-139 Motion appointing Council Members as Board Members of the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez, and Scott, voting "Aye"; Marez was absent. Mayor Adame opened discussion on Item 4 regarding a supply agreement for blueprint services. Council Member Loeb asked whether the City is still reproducing manual documents or are the documents are being sent electronically. Assistant Director of Financial Services Michael Barrera stated that the City is still using a manual process. Director of Engineering Services Pete Anaya explained that the City is planning on phasing -in the electronic process for bid documents but still provide paper copies to contractors. Mr. Anaya added that the hard copy documents provided to bidders are returned and issued to the contractors awarded the project. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2011-137 Motion approving a service agreement with ARC/Ridgway's of Corpus Christi, Texas for blueprinting service in accordance with Bid Invitation No. BI -0125-11, based on only bid for an estimated annual expenditure of $111,058.61 of which $9,254.88 is required for the remainder of FY 2010-2011. The term of the agreement will be for 12 month periods with an option to extend for up to two additional twelve-month periods, subject to the approval of the -7- Minutes — Regular Council Meeting June 28, 2011 — Page 4 supplier and the City Manager or designee. Funds have been budgeted by the using departments in FY 2010-2011 and requested for FY 2011-2012. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez, and Scott, voting "Aye"; Marez was absent. Mayor Adame opened discussion on Item 9 regarding the Triple Crown and Citation Drive Area Improvements. Council Member Kieschnick asked questions regarding whether Bridges Specialties was in liquidated damages on the Salt Flats Phase 2 project. Director of Engineering Services Pete Anaya explained that Bridges Specialties could not execute their contract because of the default from the contractor working on the North Port project. Mr. Kieschnick requested additional information on the Salt Flats Phase 2 project. Mr. Kieschnick made a motion to table Item 9 to receive additional information. The motion was seconded by Ms. Martinez. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez, and Scott, voting "Aye"; Marez was absent. 9. TABLED MayorAdame opened discussion on Item 16 regarding County Road 52 from County Road 69 to US 77. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including the project limits; County Road 52 and County Road 69 cross sections; project schedule; and proposed budget. MayorAdame called for comments from the audience. Nueces County Commissioner Mike Pusley thanked the City for their work on this project and the County and City for working together. Commissioner Pusley also thanked Judge Loyd Neal and the Commissioners Court; former Council Member Bill Kelly; Council Member Kieschnick; City Attorney Valdez; Govind Nadkarni; Jamie Powell; Maverick Engineering; Mr. Anaya; and Assistant City Manager Margie Rose fortheirsupport on this project. Abel Alonzo, 1701 Thames, Abel Alonzo, 1701 Thames, thanked the City and Nueces County for working together. City Secretary Chapa polled the Council for their votes as follows: 16.a. RESOLUTION NO. 029109 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Nueces County Water Control & Improvement District No. 3 to provide for the appropriate easements along County Road 52 and for the City to provide, if necessary, pump(s) and piping at the intersection of County Road 52 and County Road 69 to allow the District to provide irrigation water to certain land owners along County Road 52. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez, and Scott, voting "Aye'; Marez was absent. —8— Minutes — Regular Council Meeting June 28, 2011 — Page 5 16.b. MOTION NO. 2011-141 Motion authorizing the City Manager or designee to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas for street improvements along County Road 52 from County Road 69 to US 77 in the amount of $1,877,219.75 and County Road 69 from County Road 52 to FM 624 in the amount of $677,006.50 for the Base Bid for the total contract amount of $2,554,226.25. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez, and Scott, voting "Aye"; Marez was absent. Mayor Adame referred to Item 14 regarding the following public hearing on the proposed FY2011-2012 Operating Budget: 14. Public Hearing on the Proposed FY 2011-2012 Operating Budget. This budget will raise more total property taxes than last year's amended budget by $1,058,875 (General Fund $640,000, Debt Service Fund $328,444 and Special Revenue $90,431), or 1.4%, and of that amount an estimated $1,058,875 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 components of the budget; the zero -based budget approach; budget reductions; balanced budget recommendation in the General Fund; the Enterprise, Internal Services, Special Revenue, and Debt Services Funds; initiatives in FY2011-2012; and the remaining budget schedule. A motion was made, seconded and passed to open the public hearing. Mayor Adame called for comments from the audience. Harley Doerfler, 3630 Topeka, spoke regarding the reduction of hours at the senior centers. J.E. O'Brien, 4130 Pompano, spoke regarding consideration of a tax rate between the current and effective tax rate; the increase in utilities rates; and room for additional cuts to the budget. Diane Lowrance, Executive Director of MHMR, spoke regarding assistance provided by MHMR and the proposed elimination of funding from the City in the amount of $54,000. Vicky Garza, Chair of the Board of Trustees for MHMR, asked the Council to reconsider the elimination of funding to MHMR. Abel Alonzo, member of the Board of Trustees for MHMR, asked for reconsideration for funding MHMR and the impact the elimination of funding would have on the community. Rick Torres, MHMR, introduced Ramsey Rodriguez and Steven DeLeon who spoke regarding the assistance they received through MHMR. Gus Munoz, 1711 Trenton, spoke regarding Broadmoor Senior Center and requested that the hours be extended at the senior center. Mary Ann Kelly, 4302 Schanen, spoke regarding the utility increases. Abel Chapa, 902 Brock, asked the Council to reconsider closing the senior centers and reducing the hours for the supervisors at the center. In response to Council Member Martinez, Assistant City Manager Martinez clarified that none of the centers are closing but four (4) centers will have reduced hours in the afternoon. Kurt Allen spoke regarding the reduction of hours at the senior centers and the assistance provided by the directors at the senior centers. Mr. Kieschnick made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. -9- Minutes — Regular Council Meeting June 28, 2011 — Page 6 MayorAdame announced the executive session, which was listed on the agenda as follows: Executive session pursuant to Section 551.071 of the Texas Government Code to consult with attorney regarding pending and contemplated litigation involving Texas Department of Insurance windstorm insurance Certificates of Compliance. The Council went into executive session. The Council returned from executive session. MayorAdame announced that no action would be taken in open session. Mayor Adame referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following right-of-way closure: 11. Public Hearing and First Reading Ordinance to consider abandoning and vacating a 1,764 square foot portion of a 15 -foot wide public alley right-of-way, out of Lots 4-7, Block 9, Bay View Addition, said public right of way, being located between Santa Fe Street and Fifth Street, and north of the Morgan Avenue public street right-of-way, subject to compliance with the specified conditions. Assistant City Manager Johnny Perales explained that the alley closure was requested by Dr. Cesar Albarracin to keep his property secure. No one appeared in opposition to the right-of-way closure. Mr. Kieschnick made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 11. FIRST READING ORDINANCE To consider abandoning and vacating a 1,764 square foot portion of a 15 -foot wide public alley right-of-way, out of Lots 4-7, Block 9, Bay View Addition, said public right of way, being located between Santa Fe Street and Fifth Street, and north of the Morgan Avenue public street right-of-way, subject to compliance with the specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez, and Scott, voting "Aye"; Marez was absent. Mayor Adame recused himself from the discussion on Item 15. Mayor Pro Tem Elizondo opened discussion on Item 15 regarding Destination Bayfront. Interim Assistant City Manager Rudy Garza explained that the purpose of the Memorandum of Understanding (MOU) is to take the planning process to the next phase of Destination Bayfront and set up the framework for the project. Trey McCampbell, Destination Bayfront organizer, referred to a powerpoint presentation including a summary of research to date; three primary categories for the Phase 2 tasks; recommended organizational structure for a public/private partnership; establishing the roles and responsibilities of each entity; and the summary of the request. The following topics pertaining to this item were discussed: the ongoing operations, maintenance and commercial tenant management of the project once the initial phase of construction is complete; the hiring of Tim Marshall with ETM Associates; the timeframe for the Request of Qualifications process and selecting a design document; the Shoreline Realignment project and the funding available for park amenities; coordination with First United Methodist Church; use of the bond funds; and consideration for businesses in the downtown area. -10- Minutes — Regular Council Meeting June 28, 2011 — Page 7 Mayor Pro Tem Elizondo called for comments from the audience. Abel Alonzo, 1701 Thames, asked that the project continue to remain inclusive and diverse and spoke regarding the use of local businesses on the project. Joe Fulton, member of First United Methodist Church, expressed concern regarding the roadwork proposed with Destination Bayfront in front of the church. Mr. Fulton asked the Council to request that the designers fully consider and address the needs of the church. John Adams, 307 Katherine, spoke in support of the project but expressed concerns regarding the City taking on more responsibilities then originally promised by the Destination Bayfront organizers. Rosie Collin, Corpus Christi Hispanic Chamber of Commerce, congratulated Destination Bayfront for moving forward with the project. Mick Boudreau spoke regarding the amount of the Park and Recreation Department budget used to pick up trash and volunteered to pick up trash for one (1) to two (2) week at the new Destination Bayfront and help organize a volunteer committee. Mary Ann Kelly, 4302 Schanen, spoke regarding the Shoreline Realignment project and asked for consideration of a statue of Corpus Christi as the pinnacle point for Destination Bayfront. City Secretary Chapa polled the Council for their votes as follows: 15. MOTION NO. 2011-140 Motion authorizing the City Manager to execute a Memorandum of Understanding between the City of Corpus Christi and the Destination Bayfront Organization related to implementation of the project defined by the report "Placemaking at Destination Bayfront". The foregoing motion was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez, and Scott, voting "Aye"; Adame abstained; Marez was absent. * ** * **** * * * * * Mayor Adame referred to Item 12, and a motion was made, seconded and passed to open the public hearing on the following text amendment to the Unified Development Code: 12. Public Hearing and First Reading Ordinance to consider amending the Unified Development Code by replacing tables 1.10.5 and 4.1.1 in their entirety, adding a provision to the definition of a Dwelling, revising the Landmark Commission vote requirement at Subsection 3.16.2.6.1, amending a portion of Table 7.2.2.B. regarding indoor recreation, and amending the Urban Transportation Plan Design Criteria Manual, Appendix to UDC Article 8, by inserting revised Figures 1A and 3 through 13; providing for severance; providing for publication; providing for an effective date and providing for penalties. Assistant City Manager Johnny Perales provided an overview of the various text amendments that need to be addressed in the Unified Development Code (UDC). No one appeared in opposition to the text amendment to the Unified Development Code. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 12. FIRST READING ORDINANCE To consider amending the Unified Development Code by replacing tables 1.10.5 and 4.1.1 in their entirety, adding a provision to the definition of a Dwelling, revising the Landmark Commission vote requirement at Subsection 3.16.2.6.1, amending a portion of Table 7.2.2.B. regarding indoor recreation, and amending the Urban Transportation Plan Design —11— Minutes — Regular Council Meeting June 28, 2011 — Page 8 Criteria Manual, Appendix to UDC Article 8, by inserting revised Figures 1A and 3 through 13; providing for severance; providing for publication; providing for an effective date and providing for penalties. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Kieschnick, Loeb, Martinez, and Scott, voting "Aye"; Elizondo, Leal, and Marez were absent. MayorAdame referred to Item 13, and a motion was made, seconded and passed to open the public hearing on the following certificate of occupancy code amendment: 13. Public Hearing and First Reading Ordinance -Amending the Code of Ordinances Chapter 14, Article II, Division 1, Section 14-223 (A) (1) and adding to Section 14-202 a new definition, all relating to building occupancy; providing for publication, providing for penalties. Assistant City Manager Johnny Perales explained that the Development Services and Legal departments worked in a cooperative effort with the Building Owners Association and building managers to develop a code amendment clarifying the issues with the certificate of occupancy. The following topics pertaining to this item were discussed: working with the community to resolve the differences of opinion; the development of an administrative review panel to resolve and address issues in the UDC; addressing vacant buildings; and the electrical re -op process. No one appeared in opposition to the certificate of occupancy code amendment. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 13. FIRST READING ORDINANCE Amending the Code of Ordinances Chapter 14, Article H, Division 1, Section 14-223 (A) (1) and adding to Section 14-202 a new definition, all relating to building occupancy; providing for publication, providing for penalties. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Martinez, and Scott, voting "Aye"; Leal and Marez were absent. MayorAdame opened discussion on Item 17 regarding a grant from the U.S. Department of Housing and Urban Development for the 2010 HOME program. Director of Neighborhood Services Eddie Ortega explained that this item is the acceptance of a $300,000 grant from the U.S. Department of Housing and Urban Development from the 2010 HOME program to be utilized for the acquisition and rehabilitation of a four -unit quad-plex to create affordable housing. Mr. Ortega added that the unit is located at 3609 Crestbook Court. Council Member Martinez asked questions regarding the use of the funds and the appraisals. Sam Esquivel, Nueces County Community Action Agency, stated that $122,000 would be used for the acquisition of the property and $173,000 would be used for rehabilitation to improve accessibility; modify restroom and exterior repairs. Council Member Martinez asked whether the funding paid for manager fees or builder supervisor fees. Mr. Esquivel explained that the funding would only be used for building improvements. Ms. fartinez requested a breakdown of the projected budget and proposed postponing the vote on this item until later in the meeting. —12- Minutes — Regular Council Meeting June 28, 2011 — Page 9 Council Member Leal announced that she was a board member of the Nueces County Community Action Agency and would abstain from the vote on Items 17 and 18. There was a general consensus of the Council to delay the vote on this item until receiving the projected budget. Mayor Adame opened discussion on Item 17.1. regarding the reconsideration of the draft erosion response plan and related draft amendments. Ms. Adler made a motion to reconsider Resolution No. 029100, seconded by Mr. Kieschnick. Council Member Martinez requested that the record reflect that there are inconsistencies between the provided presentation and the findings by Dr. Jim Gilbeaut regarding erosion for the area. City Secretary Chapa polled the Council for their votes as follows: 17.1. MOTION NO. 2011-142 Motion to reconsider Resolution No. 029100, authorizing the City Manager or designee to submit a draft erosion response plan and related draft amendments to Chapter 10, Code of Ordinances, Beachfront Management and Construction, to the Texas General Land Office for comment. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez, and Scott, voting "Aye"; Marez was absent. City Secretary Chapa announced that the motion to reconsider passed and the item is back on the agenda as it was originally presented. The following topics pertaining to this item were discussed: the City not having the authority to designate or regulate the dune setback; the dune protection authority being a separate issue from erosion response plan permits; the City having the authority to control standards on any building including reconstruction and damaged structures and flood control administration; the obligation that the City have a erosion response plan in order to continue to receive grant funding from the Texas General Land Office; consequences of the City's actions; whether it is required to have setback information as part of the erosion plan; language in the GLO's rules for the erosion response plan; dune protection governed by Nueces County; whether the private sector or specifically Tom Utter was engaged in the protection permitting; mitigation of dunes on Zahn Road; and Fish Pass. Council Member Kieschnick made a recommendation to leave the dune protection issue out of the erosion response plan. Assistant City Manager Johnny Perales provided a presentation including the erosion response plan essential elements and reference information; construction allowed within setback line; dune management system goals; summary comparison; and maps of the shoreline outlining the setbacks and dune protection area. Mayor Adame called for a brief recess on Item 17.1. to allow for public comment. ** * * * * * * ** Mayor Adame called for petitions from the audience. Alan Thornburg, member of the Sister City Committee, asked the Council to consider any funding for the Sister City Program. Diana Stillman, 7709 Valley View, spoke in support of the Sister City Program and the impact the Student Ambassador Program had on her daughter's life. Ms. Stillman requested consideration to fund the Ambassador Program. Brandi Williams, 2518 Scabbard, spoke regarding the success of the Sister City Program and asked for consideration to budget the program. Robert C. Scott, President of the Corpus Christi Symphony Orchestra, spoke regarding r ing the economic impact of the Symphony and Minutes — Regular Council Meeting June 28, 2011 — Page 10 asked for consideration of arts funding for the Corpus Christi Symphony Orchestra. Robert Reed, Executive Director of the Corpus Christi Symphony Orchestra, asked for consideration of funding from the arts. Dan Vera, 818 Savage, spoke regarding using emergency defense personnel for various jobs. Harley Doerfler, 3630 Topeka, spoke regarding the Sister City program and the closure of senior centers. Rosanne Norman, 4629 Monette, provided information on the rising rate of autism linked to mercury from power plants. Mayor Adame returned to the discussion on Item 17.1. regarding the draft erosion response plan and related draft amendments. Assistant City Manager Johnny Perales continued with his presentation of aerial maps outlining the setback and dune protection areas on the beach. Mr. Perales asked for consideration of the proposed setback of 200 feet, any setback at all, or a more conservative setback similar to Nueces County of 350 feet. The following topics pertaining to this item were discussed: whether there are repercussions if the setback is not recommended in the proposal; if staff could contact the GLO in advance to ask whether the plan could be submitted without referencing a distance for the setback; the deadline for the plan; the language in the GLO's requirements; concern with the delegation authority and the City not having the authority to set boundaries; the lack of public transparency; taking a conservative approach; whether the plan can be presented with a 350 foot setback and then reduced to 200 feet; receiving public input from the advisory and other governmental entities; whether it is legal to build at Four Dune Ridge; language for rebuilding and construction limitations due to damage within the 200 foot setback; the cost to move a sand dune; proposed mitigation sites; and public beach access. Mayor Adame called for comments from the audience. Fred McCutchon, Nueces County Beach Management Advisory Committee, spoke in support of a healthy conservative approach of a 350 foot set to protect the dune field. Mr. McCutchon provided information on the seal level rise and local photos of the storm surge from Hurricane Ike. Jack Ponton spoke regarding the setback in Port Aransas and recommended consideration of the 200 foot setback. Richard Watson, coastal geologist, spoke in support of the 350 foot setback. Greg Smith, Mustang Island owner, spoke regarding the economic statistics for home building on Mustang Island within Port Aransas and Corpus Christi city limits and spoke in support of a 200 ft set back. John Adams, 307 Katherine, spoke regarding the difference in the erosion rate between north and south Mustang Island. Mr. Adams spoke in support of the 350 foot setback. Neil McQueen, 3609 Mora, spoke regarding the research by Dr. Gilbeaut and in support of as much setback protection as possible. Cliff Schlaback, 122 Whiteley, spoke in support of the 350 foot setback. Mr. Kieschnick made a motion to remove the language regarding setback in the erosion response plan based on the City not having the authority. The motion failed for lack of second. Council Member Martinez spoke in support of the 350 foot setback and acting in the best possible interest of the public. Council Member Scott spoke in support of the 200 foot setback until receiving public input. Mr. Scott made a motion to call for the question on this resolution. The motion was seconded by Ms. Adler. The foregoing motion failed with the following vote: Adler and Scott, voting "Aye"; Adame, Elizondo, Leal, Loeb, and Martinez, voting "No"; Marez was absent. -14- Minutes — Regular Council Meeting June 28, 2011 — Page 11 Council Member Elizondo asked whether there was an opportunity to be inclusive with all the entities prior to submitting a final draft. Assistant City Attorney Jay Reining explained that this resolution is approving the submission of a rough draft to the GLO prior to the deadline of July 1st and the GLO will provide comments on the draft. Mr. Reining reported that staff will come back with the GLO's comments and hold detailed public hearings. Mr. Reining stated that once the Council adopts the final document, it will be resubmitted to the GLO. Ms. Martinez made a motion to amend the resolution to change the setback to 350 feet setback. The motion was seconded by Mr. Loeb. In response to Council Member Scott, Mr. Reining stated that it would be easier to move from 200 feet to 350 feet and backing away from 350 feet would be probably impossible. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Leal, Loeb, and Martinez, voting "Aye"; Adler and Scott voting "No"; Kieschnick did not vote; Marez was absent. City Secretary Chapa polled the Council for their votes as follows: 17.1.b. RESOLUTION NO. 029112 Resolution authorizing the City Manager or designee to submit a draft erosion response plan and related draft amendments to Chapter 10, Code of Ordinances, Beachfront Management and Construction, to the Texas General Land Office for comment. The foregoing resolution was passed and approved as amended with the following vote: Adame, Elizondo, Leal, Loeb, and Martinez, voting "Aye"; Adler and Scott voting "No"; Kieschnick did not vote; Marez was absent. Mayor Adame returned to the discussion on Item 17 regarding a grant from the U.S. Department of Housing and Urban Development. Director of Neighborhood Services Eddie Ortega provided a proposed budget for purchasing of 3609 Crestbrook Court by Nueces County Community Action Agency. In responses to Council Member Martinez, Mr. Ortega stated that if there is a remaining balance, the unspent funds would be reprogrammed. City Secretary Chapa polled the Council for their votes as follows: 17.a. RESOLUTION NO. 029110 Resolution authorizing the City Manager or designee to accept a grant of $300,000 from the U.S. Department of Housing and Urban Development for the 2010 HOME Program and to execute all related and necessary documents for the Nueces County Community Action Agency Project. The foregoing resolution was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Loeb, Martinez, and Scott, voting "Aye"; Leal abstained; Adler and Marez were absent. 17.b. ORDINANCE NO. 029111 Ordinance appropriating a grant of $300,000 from the U.S. Department of Housing and Urban Development in the No. 9045 Grant Fund for the 2010 HOME Program for the Nueces County Community Action Agency Project. -15- Minutes — Regular Council Meeting June 28, 2011 — Page 12 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Loeb, Martinez, and Scott, voting "Aye"; Leal abstained; Adler and Marez were absent. MayorAdame recessed the Regular Council meeting to hold a meeting of the Corpus Christi Community Improvement Corporation (CCCIC) ************* MayorAdame returned to the Regular Council meeting. MayorAdame announced that Item 19 was postponed. 19. 82"4 State Legislative Session End of Sec„ion Report. There being no further business to come before the Council, MayorAdame adjourned the Council meeting at 6:09 p.m. on June 28, 2011. * * * * * * * * * * * * * -16- 2 a. CABLE COMMUNICATIONS COMMISSION — Three (3) vacancies with terms to 7- 27-12 and 7-27-14. DUTIES: To advise the City Council on adherence to the provisions of any franchise agreement approved by the City Council, recommend regulations, encourage, develop and promote the use of access channels, assure that access channels offer a diversity of programming and services, work with user groups to develop sources of funding, conduct evaluations of the cable system and review and audit reports, and advise the City Council on rate adjustment requests. COMPOSITION: It shall consist of five residents of the City of Corpus Christi appointed by the City Council. No person or employee with ownership interest in a cable communications franchise granted by the city shall be eligible for membership on the commission. Each commission member is encouraged to have access to local cable communications system programming. The commission shall select from its membership a chairperson and a vice -chairperson whose terms shall be one year. ORIGINAL MEMBERS TERMS APPTD. DATES ***Carolyn Moon 7-27-12 5-29-07 *Leo Estrada 7-27-11 2-12-08 * *Latrice M. Sellers 7-27-11 8-26-08 Connie Gutierrez, Chair 7-27-13 1-10-06 Stephen R. West 7-27-12 10-11-05 ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Leo Estrada 11 10 91% OTHER INDIVIDUALS EXPRESSING INTEREST Margareta Fratila Owner, Margaret's Greenhouse and European Floral Design. Received Master of Science in Horticulture and Agriculture from Horticultural University of Bucharest, Romania, Master of Art Degree from Webster University at Legend: *Seeking reappointment **Not seeking reappointment ***Filed for a candidate for City office and forfeited her position * * *Exceeded number of absences allowed by ordinance *****Has met six-year service limitation —1 9 — Trina Garcia William M. Kramer, Jr. James Lang Drew Reining Lyle Smitson St. Louis, Missouri and Certification in Secondary Education from Corpus Christi State University. Activities include: Americans for Prosperity, Texas State Society of Washington, D.C., Society of American Florists, Republican Women's Club and Numerous Other Organizations. Recipient of Republican Senatorial Medal of Freedom, 2003. (6/29/11) Teller, Wells Fargo Bank. Activities include: LULAC, Tejano Democrats, Election Judge and Government Choice Makers Organization. Former Precinct Chair. (4/18/11) Agent, Kramer Insurance Agency. Received a Bachelors in Political Science from Texas A&M University -Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6/17/11) Retired. Formerly Revenue Tracking and Forecasting Specialist, Quest Communications. Attended the University of Iowa. (4/7/11) Self -Employed, Mediator. Received BA from University of Texas at Austin and JD from University of Texas Law School. Activities include: Mediators Association of South Texas and Dispute Resolution Services. Previously served on Animal Control Advisory board, Commission on Children and Youth and Sister Cities Committee. (5/27/11) Owner, All Texas Communications. Served in the United States Air Force. Received BS in Business Administration from Cal State University at Los Angeles, California. Electrical Engineer and Commercial Builder. (4/27/11) —20— b. COASTAL BEND COUNCIL OF GOVERNMENTS — Nine (9) vacancies with terms to 4-30-13, of which at least four (4) being elected officials. DUTIES: Shall prepare and recommend to participating local governments, urban metropolitan, and rural area plans, looking to the present and future needs of the Region. Such plans may include reconunendations for land use, traffic circulation, major streets and highways, general location of public works, the development of major educational facilities, and related problems of development. COMPOSITION: City shall appoint nine (9) members for two -years (but terms shall be at the complete discretion of the City Council), at least four (4) being elected officials. MEMBERS TERM Mayor Joe Adame 4-30-11 Council Member Larry Elizondo 4-30-11 Council Member Kevin Kieschnick 4-30-11 Council Member Mark Scott 4-30-11 Angel R. Escobar 4-30-11 Rudy Garza, Assistant City Manager 4-30-11 Richard Hooks, Fire Chief 4-30-11 Margie Rose, Assistant City Manager 4-30-11 Bill Hennings 4-30-11 ALTERNATES Armando Chapa, City Secretary Pat Eldridge, Corpus Christi Police Department Oscar Martinez, Assistant City Manager Lawrence Mikolajczyk, Solid Waste Services (City Manager Ron Olson is recommending staff appointments of Rudy Garza, Bill Hennings, Oscar Martinez, Richie Quintero and himself as regular members. His recommendations for alternate representatives are Armando Chapa, Pat Eldridge, Lawrence Mikolajczyk and Margie Rose. ) —21— c. CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION — Two (2) vacancies with terms to 7-31-13. DUTIES: Organized exclusively for the purpose of benefiting and accomplishing public purposes of, and to act on behalf of, the City, to undertake, maintain and finance projects through Propositions 4 and 5 approved by voters on November 7, 2000 and Propositions 2, 2a and 2b approved by voters on November 5, 2002. COMPOSITION: The affairs of the Corporation shall be managed by a board of directors which shall be composed of five persons appointed by the City Council of the City. The terms of the directors shall be two years, expiring on July 31 of each year. Directors may be appointed to succeed themselves. No Director may serve longer than six years consecutively, unless such service is required to complete an unexpired term. Each director must be a resident and qualified elector of the City. ORIGINAL MEMBERS TERM APPTD. DATE *Butch Escobedo 7-31-11 7-24-07 Foster Edwards 7-31-12 7-11-06 Robert Tamez 7-31-12 7-08-08 Eloy H. Salazar, President 7-31-12 7-11-06 **Brad Lomax, Vice President 7-31-11 7-24-07 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Butch Escobedo 9 7 78% OTHER INDIVIDUALS EXPRESSING INTEREST Kaushik "Sheik" Bhakta Owner, General Manager, Hotel Owner. Received Business Administration Degree in Finance from University of Houston. Formerly Served on the IOC Board for Choice Hotels International. Activities include: Greater Corpus Christi Hospitality Association and Marketing Committee for Corpus Christi Convention and Visitors Bureau. (6/29/11) Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation —22— Richard Bell Curt L. Broomfield Director, Texas A&M Corpus Christi — Coastal Bend Business Innovation Center. Received a BS in Management and MA in Accounting. Activities include: CCYC and Corpus Christi Sunrise Rotary. Licensed United States Coast Guard Master. (3-31-11) CEO, South Beach, Inc. Retired from United States Marine Corps. Activities include: Coast Guard Auxiliary, USO Board and Rotary Club. (618111) Jeff Fonseca Owner, Green Tree Lawn Care. (6/8/11) Margareta Fratila Gabriel Guerra Owner, Margaret's Greenhouse and European Floral Design. Received Master of Science in Horticulture and Agriculture from Horticultural University of Bucharest, Romania, Master of Art Degree from Webster University at St. Louis, Missouri and Certification in Secondary Education from Corpus Christi State University. Activities include: Americans for Prosperity, Texas State Society of Washington, D.C., Society of American Florists, Republican Women's Club and Numerous Other Organizations. Recipient of Republican Senatorial Medal of Freedom, 2003. (6/29/11) Executive Vice President, Regional Manager, Kleberg First National Bank. Received BBA in Finance from The University of Texas at Austin. Activities include: Ronald McDonald House, Leadership Board of mission of Mercy, Westside Business Association, American Red Cross, National Eagle Scout Association, Corpus Christi Regional Economic Development Corporation Future Bridge Member, Corpus Christi Chamber of Commerce and Street Maintenance Finance Ad Hoc Advisory Committee. Leadership Corpus Christi Class 37 Alumni. (7/7/11) Robert Bryan Gulley, DDS Self -Employed, Oral and Maxillofacial Surgeon. Graduate of University of Texas at Austin and University of Texas Health Science Center at San Antonio. Part Owner/Operator of Dolphin Docks Marina. (Currently serves on the Island Strategic Action Committee, but will resign if appointed.) (7-6-10) -23- Beth Kingsbury William M. Kramer, Jr. Armando Mendez Monica Montalvo Assistant Marketing Manager, HDR Engineering, Inc. Received BBA in Marketing from Texas A&M University - College Station and MBA from Texas A&M University - Corpus Christi. Activities Include: Nueces County A&M Club, Literacy Council, Lector Coordinator at St. Philip the Apostle and Leadership Corpus Christi. (1/7/11) Agent, Kramer Insurance Agency Received a Bachelors in Political Science from Texas A&M University -Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6117111) Materials Logistic Analyst, Honeywell Aerospace Engineering. Received BBA in Business Administration from Texas A&M University -Corpus Christi and Currently Pursing Masters Degree. Activities include: Bay Area Fellowship Member and Sigma Phi Epsilon Alumni Association of Corpus Christi. Recipient of Senior Marshall Sigma Phi Epsilon Award, Leadership Award Sigma Phi Epsilon and Omicron Delta Epsilon Economics Honor Society. (5-2/11) Insurance Agent/Owner, Farmers Insurance. Graduated from Baylor University with Double Major in Psychology and Sociology. Activities include: March of Dimes. (6/16/11) Raquel G. Richardson Owner, Brinca! Received MPA from Texas A&M University -Corpus Christi. Formerly worked with the City of Corpus Christi. Career Development Alumni. (6/17/11) Lyle Smitson Marsha Williams Owner, All Texas Communications. Served in the United States Air Force. Received BS in Business Administration from Cal State University at Los Angeles, California. Electrical Engineer and Commercial Builder. (4/27/11) Realtor, Re/Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Past Chairman of Corpus Christi Association of Realtors. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (6/8/11) —24— d. PLANNING COMMISSION — Three (3) vacancies with terms to 7-31-14. DUTIES: To make and amend a master plan for the physical development of the City; to recommend to the City Council approval or disapproval of proposed changes in the zoning plan; to exercise control over platting or subdividing land within the corporate limits of the city and within an area extending five miles beyond the City limits; to submit annually to the City Manager not less than 90 days prior to the beginning of the budget year a list of recommended capital improvements which in the opinion of the commission are necessary or desirable during the forthcoming 5 year period; to require information from other departments of the City government in relation to its work; to be responsible to and act as an advisory body to the City Council and to perform such additional duties and exercise such additional powers as may be prescribed by ordinance of the City Council. COMPOSITION: Nine (9) members which shall consist of nine registered voters of the City appointed by the City Council. Elects its own chairman from among its membership at the first regular meeting in August of each year. ORIGINAL MEMBERS TERM APPTD. DATE *Mark Adame 7-31-11 7-08-08 Rudy Garza, Chair 7-31-12 2-22-05 *****Johnny R. Martinez 7-31-11 7-12-05 *****James Skrobarczyk, Sr. 7-31-11 7-12-05 A. Javier Huerta, Vice -Chair 7-31-13 7-26-05 John C. Tamez 7-31-12 8-22-06 Evon J. Kelly 7-31-12 7-11-06 Govind B. Nadkarni 7-31-13 7-10-07 John S. Taylor 7-31-13 2-24-09 ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Mark Adame 26 21 81% Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation —25— OTHER INDIVIDUALS EXPRESSING INTEREST Alyssa "Michelle" Barrera Graduate Student, Texas A&M University -Corpus Christi. Currently Pursuing Masters Degree in Public Administration. Received Bachelors in Marketing from Texas A&M University -Corpus Christi. Fellow/Intern for Bold Future for the Coastal Bend. Activities include: Volunteer for Advisory Committee on Community Pride, Clean City Advisory Committee and 4th of July Celebration Planning Committee. (4/26/11) Tracy (Tray) E. Bates President/CEO/Broker, Bates Commercial LLC. Received BBA in Finance/Real Estate from Texas Christian University. Activities include: Corpus Christi Association of Realtors, Texas Association of Realtors, San Patricio Economic Development Corporation and Corpus Christi Bold Future Initiative Committee. (5118/11) Shawn P. Bodine Project Manager, Flint Hills Resources. Received BS in Electrical Engineering from Texas A&M University - Kingsville and MBA from University of Utah. Activities include: Texas Society of Professional Engineers, Nueces Chapter. Recipient of Builder of the Year Award (1988). (6/8/11) Marco Castillo Special Assistant to CEO, Kenedy Memorial Foundation. Received BA from University of Texas at Austin and MPA from Texas A&M University -Corpus Christi. Activities include: Corpus Christi Independent School District Mentor, Corpus Christi Literacy Council Tutor/ESL Teacher and Junior Achievement. (6/8/11) Gabriel Guerra Executive Vice President, Regional Manager, Kleberg First National Bank. Received BBA in Finance from The University of Texas at Austin. Activities include: Ronald McDonald House, Leadership Board of mission of Mercy, Westside Business Association, American Red Cross, National Eagle Scout Association, Corpus Christi Regional Economic Development Corporation Future Bridge Member, Corpus Christi Chamber of Commerce and Street Maintenance Finance Ad Hoc Advisory Committee. Leadership Corpus Christi Class 37 Alumni. (7/7/11) —26— William M. Kramer, Jr. Joel S. Mumphord Lyle Smitson Rick Sowash Craig Thompson Sean M. Thorson Larry L. White Marsha Williams Agent, Kramer Insurance Agency. Received a Bachelors in Political Science from Texas A&M University -Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6/17/11) Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (4/28/11) Owner, All Texas Communications. Served in the United States Air Force. Received BS in Business Administration from Cal State University at Los Angeles, California. Electrical Engineer and Commercial Builder. (4/27/11) Real Estate Appraiser, Tasador, Inc. Received BS in Business from Indiana University at Bloomington. Activities include: Designated Member Appraisal Institute - SRA. (5/3/11) Engineer, Naismith Engineering. Received B.S. in Civil Engineering. Regional Director of the American Society of Civil Engineers. Currently Serves on the Landmark Commission and will resign if appointed. (7/7/11) Sr. Mortgage Banker, Envoy Mortgage. Attended Brigham Young University, University of Texas, and School of Mortgage Lending at Washington State. Previously involved with Pacific Coast Mortgage Dreams, Coaching Girls Youth Soccer Team, and Sno-King Youth Club. (6/8/11) Process Engineer, DuPont. Received BS and MS from Louisiana Tech and MS from Memphis State. Activities include: American Institute of Chemical Engineers, Corpus Christi Bucarader, Engineering Advisory Council and Water's Edge Pipe and Drum Band. (4/9/11) Realtor, Re/Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (6/8/11) —27— e. RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE - Three (3) vacancies with terms to 6-16-12 and 6-16-13 representing the following category: At Large. DUTIES: To advise City Council, City Manager, and Parks Department Staff regarding the Retired and Senior Volunteer Program ("RSVP") including but not limited to volunteer recruitment strategies; provide support in recruitment of volunteers and volunteer stations; serve as community advocates and liaisons; assist in development of non-federal resources to include fundraising; advise on programming for impact; advise on how to measure trends and impact of trends in the community; assist with development and implementation of program evaluations and surveys; conduct an annual assessment of the program by surveying program volunteers; bi-annually assess project accomplishments and impact; and attend special events and activities related to Retired and Senior Volunteer Program. COMPOSITION: The committee shall consist of seven (7) members and must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. The committee shall be composed of the following: 1 —RSVP Volunteer (active volunteer/ one (1) hour per month at a registered RSVP Volunteer Station), 1 — RSVP Volunteer Workstation representative (executive, director or similar leadership position at a non-profit agency that operates a RSVP Volunteer Station), and 5 — At Large. In the initial appointment, four (4) members shall serve a two-year term and three (3) members shall serve a one-year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter; all terms shall be two (2) years. ORIGINAL MEMBERS TERM APPTD. DATE Donna Anne Kinney (RSVP Volunteer) 6-16-13 4-12-11 Margaret A. Ramsey (RSVP Vol. Station) 6-16-12 6-16-09 Jennifer Larivey (At Large) 6-16-12 2-22-11 Arthur Carrillo (At Large) 6-16-13 2-22-11 **Tony Lopez (At Large) 6-16-11 6-16-09 *Mildred McDonel (At Large) 6-16-11 6-16-09 ***Linda Cantu (At Large) 6-16-12 2-22-11 ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NAME Mildred McDonel NO. OF MTGS. NO. % OF ATTENDANCE THIS TERM PRESENT LAST TERM YEAR 3 3 100% Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation —28— OTHER INDIVIDUALS EXPRESSING INTEREST Jonathan Michael Barlow Self Employed. Activities include: Volunteering with Texas State Aquarium. (5/4/11) Ruby Cantu Olga Gonzales Sandra L. Jackson William M. Kramer, Jr. Sylvia Portales Community Health Worker, CHRISTUS Spohn. Received a Bachelor's in Theology. Activities include: Health Fairs. (6/8/11) Retired, Bilingual Research/Marketing Director. Attended College. National Certified AARP Advocate. Activities include: Nueces County Community Action Board, Greenwood AARP Chapter 4386, Nueces County Seniors, Inc., Greenwood Center Coffee Club, Westside Business Association and League of Women Voters. (4/25/11) Equipment Specialist, Corpus Christi Army Depot. Attending Texas A&M University -Corpus Christi. Activities include: Corpus Christi Area Chapter Black in Government. (4/28/11) Agent, Kramer Insurance Agency. Received a Bachelors in Political Science from Texas A&M University -Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6/17111) Retired Personal Property Appraiser, Nueces County Appraisal District. Attended Durham's Business College in Business Administration. RPA and CTA Designation from Texas Association of Assessing Officers. Activities include: Volunteer at Senior Centers and Hispanic Women's Network of Texas. (4/12/11) Mary Helen Salazar Counselor, Carriage Services, Inc. Activities include: Hispanic Chamber of Commerce and Food Bank. (2/8/11) Abel A. Sanchez Retired, United States Postal Service Letter Carrier. Attended Del Mar College. Activities include: Veteran Center, Coastal Bend Council of Alcohol and Drugs, Veteran's Administration Outpatient Clinic and Golf Marshal at Naval Air Station. (4/12111) -29- Ted Schroeder Martha Wild Owner/Administrator/Instructor, Gulf Coast Food Manager Certification Program. Received Degree in Business Management from University of Kentucky. Past President of Elizabeth Town, Kentucky Jaycees and Lions. (4/12/11) Resource Facilitator, Trisun Healthcare. Received B.A.T. in Education/Psychology from Sam Houston State University. Activities include: Downtown Development Committee and Mayor's Council on Aging. (4/18/11) -30- f. SENIOR COMPANION PROGRAM ADVISORY COMMITTEE — Four (4) vacancies with terms to 6-16-13 representing the following category: At Large. DUTIES: To advise City Council, City Manager, and Parks Department Staff regarding the Senior Companion Program ("SCP") including but not limited to recruitment strategies; provide support in recruitment of volunteers and volunteer stations; serve as community advocates and liaisons; assist in development of non-federal resources to include fundraising; advise on programming for impact; advise on how to measure trends and impact of trends in the community; assist with development and implementation of program evaluations and surveys; conduct an annual assessment of the program by surveying program volunteers; bi-annually assess project accomplishments and impact; and attend special events and activities related to Senior Companion Program. COMPOSITION: The committee shall consist of seven (7) members and must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. The committee shall be composed of the following: 1 — SCP Volunteer (active volunteer for one-year/serve minimum fifteen (15) hours per week), 1 — SCP Volunteer Workstation representative (executive, director or similar leadership position at a current SCP Volunteer Station), and 5 — At Large. In the initial appointment, four (4) members shall serve a two-year term and three (3) members shall serve a one-year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. MEMBERS Shirley Tipton (SCP Volunteer) Maria (Isabel) Odeh (SCP Vol. Station) 'Christie *Christie Martinez (At Large) Monica Rodriguez (At Large), Chair *Apolonia P. Cantu (At Large) * *Marie Partington (At Large) *Shirley A. Selz (At Large) TERM 6-16-12 6-16-12 6-16-11 6-16-12 6-16-11 6-16-11 6-16-11 ORIGINAL APPTD. DATE 6-16-09 6-16-09 6-08-10 2-09-10 6-16-09 6-16-09 11-9-10 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Apolonia P. Cantu (At Large) 7 Shirley A. Selz (At Large) 4 NO. PRESENT 7 4 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation —31— % OF ATTENDANCE LAST TERM YEAR 100% 100% OTHER INDIVIDUALS EXPRESSING INTEREST Jonathan Mike Barlow Self Employed. Volunteers with Texas State Aquarium. (5/4/11) Margareta Fratila William M. Kramer, Jr. Owner, Margaret's Greenhouse and European Floral Design. Received Master of Science in Horticulture and Agriculture from Horticultural University of Bucharest, Romania, Master of Art Degree from Webster University at St. Louis, Missouri and Certification in Secondary Education from Corpus Christi State University. Activities include: Americans for Prosperity, Texas State Society of Washington, D.C., Society of American Florists, Republican Women's Club and Numerous Other Organizations. Recipient of Republican Senatorial Medal of Freedom, 2003. (6/29/11) Agent, Kramer Insurance Agency. Received a Bachelors in Political Science from Texas A&M University -Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6/17/11) Mary Helen Salazar Counselor, Carriage Services, Inc. Activities include: Hispanic Chamber of Commerce and Food Bank. (2/8/11) Martha Wild Resource Facilitator, Trisun Healthcare. Received B.A.T. in Education/Psychology from Sam Houston State University. Activities include: Downtown Development Committee and Mayor's Council on Aging. (4/18/11) -32- 3 City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of 07/12/2011 DATE: July 12, 2011 TO: Ronald L. Olson, City Manager FROM: D. Troy Riggs, Chief of Police 7J7/C�G9�/ Troyr@cctexas.com J (Df l 886-2603 Port Security Grant Program (PSGP) federal grant for program year 2011 - Approval of grant award and appropriation of funds PURPOSE: A. Motion authorizing the City Manager or designee to accept a grant in the amount of $761,604 from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) grant. B. Ordinance appropriating $761,604 in the No. 1061 Police Grants fund from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department, and declaring an emergency. BACKGROUND AND FINDINGS: The PSGP grant provides funding to local law enforcement in a coordinated effort to strengthen homeland security preparedness, including the security of the country's critical infrastructure. Due to the sensitive nature of this agenda item, City Council members were provided more detailed information in a separate memo under Attorney -Client Privileged Communications. ALTERNATIVES: None OTHER CONSIDERATIONS: None FINANCIAL IMPACT: o Not Applicable X Operating Expense X Revenue o CIP FISCAL YEAR: 2010 - 2011 Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 0 0 0 0 Encumbered / Expended Amt. as of July 12, 2011 0 0 0 0 This item 0 761,604 0 761,604 BALANCE 0 761,604 0 761,604 FUND: Police Grants Fund Comments: There is no match required by3be-City. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: Item requires two readings. Request for emergency reading per Article II, Section 14 of the City Charter, because it is routine in nature and expediting it would allow for the efficient and effective administration of the city's affairs. DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Widget. LIST OF SUPPORTING DOCUMENTS: Motion / Ordinance Cc: Trisha Dang, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager —36— ORDINANCE APPROPRIATING $761,604 IN THE NO. 1061 POLICE GRANTS FUND FROM THE DEPARTMENT OF HOMELAND SECURITY FEMA FOR FUNDING ELIGIBLE UNDER THE 2011 PORT SECURITY GRANT PROGRAM (PSGP) TO PURCHASE LAW ENFORCEMENT EQUIPMENT FOR THE POLICE DEPARTMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $761,604 is appropriated in the No. 1061 Police Grants Fund from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) to purchase law enforcement equipment for 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, this the day of July 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Approved as to form: June 29, 2011 T. Trisha Dang Assistant City Attorney For City Attorney Joe Adame, Mayor —37— Corpus Christi, Texas day of , 2011 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 Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott David Loeb —38— 4 oCity of f Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of 07/12/2011 DATE: July 12, 2011 TO: Ronald L. Olson, City Manager FROM: D. Troy Riggs, Chief of PoliceD772. riff._ Trovr(a cctexas.com / 886-2603 Buffer Zone Protection Program (BZPP) federal grant for program year 2010 - Approval of grant award and appropriation of funds PURPOSE: A. Motion authorizing the City Manager or designee to accept a grant in the amount of $570,000 from the Texas Department of Public Safety, Department of Homeland Security FEMA for funding eligible under the Buffer Zone Protection Program (BZPP) grant. B. Ordinance appropriating $570,000 in the No. 1061 Police Grants fund from the Texas Department of Public Safety, Department of Homeland Security FEMA for funding eligible under the Buffer Zone Protection Program (BZPP) ) to purchase law enforcement equipment; and declaring an emergency. BACKGROUND AND FINDINGS: The BZPP grant provides funding to local law enforcement for equipment acquisition and planning activities to address gaps and enhance security capabilities. Due to the sensitive nature of this agenda item, City Council members were provided more detailed information in a separate memo under Attorney - Client Privileged Communications. ALTERNATIVES: None OTHER CONSIDERATIONS: None FINANCIAL IMPACT: o Not Applicable X Operating Expense X Revenue ❑ CIP FISCAL YEAR: 2010 - 2011 Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 0 0 0 0 Encumbered / Expended Amt. as of July 12, 2011 0 0 0 0 This item 0 570,000 0 570,000 BALANCE 0 570,000 0 570,000 FUND: Police Grants Fund Comments: There is no match required by/Me-City. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: Item requires two readings. Request for emergency reading per Article II, Section 14 of the City Charter, because it is routine in nature and expediting it would allow for the efficient and effective administration of the city's affairs. DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget. LIST OF SUPPORTING DOCUMENTS: Notice of Funding Award Motion / Ordinance Cc: Trisha Dang, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager —42— -43- Texas Department of Public Safety E X—.\\011.4 "qg A �� 2010 Sub -Recipient Award for City of Corpus Christi Date of Award June 17, 2011 1. Sub-Reciplent Name and Address ': 2. Prepared by: Mendez, Arturo 3. SAA Award Number: 10 -SR 17000-02 4. Federal Grant Information Mayor Joe Adame Federal Grant Title: Buffer Zone Protection Program(BZPP) City of Corpus Christi Federal Grant Award Number: 2010 -BF -T0-0015 1201 Leopard Street Corpus Christi, TX 78408 Date Federal Grant Awarded to TxDPS: June 1, 2010 Department of Homeland Security Federal Granting Agency: FEMA Grant Programs Directorate S. Award Amount and Grant Breakdowns BZPP Award Grant Period: Amount (Federal) CFDA: 97.078 From: Jun 1, 2010 To: May 31, 2012 $570, 000.00 (The SAA must receive al invoices by the end of grant P riod) 6. Statutory Authority for Grant: This project is supported under Law 111-83). Department of Homeland Security Appropriations Act, 2010 (Public 7. Method of Payment: Primary method is reimbursement. 8. Debarment/Suspension Certification: The Sub -Recipient certifies debarred, suspended, proposed for debarment, declared ineligible or not appear in the Excluded Parties List System at http://www.epls.gov.2.8.9029.0 that the sub -recipient and its contractors/vendors are not voluntarily excluded by any federal department or agency and do 9• Agency Approval Approving TxDPS Official: Edwin B. Staples, Interim State Administrative Agent State Administrative Agency Texas Department of Public Safety Signature of TxDPS Official: f� `% 1) r I r 10. Sub -Recipient Acceptance I have read and understand the attached Terms and Conditions. Type name and title of Authorized Sub -Recipient official: InAtiyos k_40 2. AvftTMc, Signature of Sub -Recipient Official: 11. Enter Employer Identification Number (EIN) / Federal Tax Identification Number: / 6/6 000 '74/ 12. Date Signed : 13. DUE DATE iTufy s 2Oi1 Signed award and Direct Deposit Form (if applicable) must be returned to TxDPS on or before the above due date. -43- ORDINANCE APPROPRIATING $570,000 IN THE NO. 1061 POLICE GRANTS FUND FROM THE TEXAS DEPARTMENT OF PUBLIC SAFETY, DEPARTMENT OF HOMELAND SECURITY FEMA FOR FUNDING ELIGIBLE UNDER THE BUFFER ZONE PROTECTION PROGRAM (BZPP) TO PURCHASE LAW ENFORCEMENT EQUIPMENT FOR THE POLICE DEPARTMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $570,000 is appropriated in the No. 1061 Police Grants Fund from the Texas Department of Public Safety, Department of Homeland Security FEMA for funding eligible under the Buffer Zone Protection Program (BZPP) to purchase law enforcement equipment for 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, this the day of July 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Approved as to form: June 29, 2011 " Pfk T. Trishana`D g Assistant City Attorney For City Attorney Joe Adame, Mayor —44— Corpus Christi, Texas day of , 2011 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 Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott David Loeb —45— 5 City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of 07/12/2011 DATE: June 27, 2011 TO: Ronald L. Olson, City Manager FROM: D. Troy Riggs, Chief of Police DT, Trovrta'�, cctexas. com 886-2603 Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2011 Local Solicitation. Approval to execute interlocal agreement with Nueces County and submit the grant application PURPOSE: A. Resolution authorizing the City Manager, or designee, to execute an interlocal agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2011 Local Solicitation. B. Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $212,139 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2011 Local Solicitation; 50% of the funds to be distributed to Nueces County under the established interlocal agreement. Grant funds will be used for the enhancement of law enforcement efforts by the Police Department and Nueces County. BACKGROUND AND FINDINGS: A. Under the Justice Assistance Grant (JAG) (previously Local Law Enforcement Block Grant LEBG), we have been declared a disparate jurisdiction and have agreed to split the funds 50/50 with Nueces County. A disparate allocation occurs when a constituent unit of local government is scheduled to receive one and one half times more (four times more for multiple units of local government) than another constituent unit(s), while the other unit of local government bears more than 50% of the costs of prosecution or incarceration that arise for Part 1 violent crimes reported by the geographically constituent unit(s). Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of the funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used. When beginning the JAG application process, a Memorandum of Understanding (MOU) must be completed, signed, and faxed to OJP, indicating who will serve as the applicant/fiscal agent for the joint funds. The City and County staff met and agreed that the City will serve as the lead agency, and the Nueces County Commissioners Court approved the interlocal agreement as well as proposed expenditures on June 29, 2011. B. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for any one or more of the following purpose areas: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Drug treatment programs • Corrections and community corrections programs • Planning, evaluation, and technology improvement programs With this award, the program has provided a total of $4,954,004 in grant funds to the City since the program began in 1996. The funds have been used to purchase backbone equipment for the Mobil Data/Automated Vehicle Location project, 27 police package vehicles, 69 unmarked police units, a property van, SWAT equipment, a bomb suit, digitized radios, radios for the Communications van, digital cameras, radars, video cameras, personal computerwdware and software, an upgrade to the computer system and the radio microwave system, a mobile pdfiee substation, polygraph instrument, air packs, SWAT rescue vehicle, radios for Project 25 compliance, and other police equipment. The Police Department proposes to purchase law enforcement equipment within the Attorney General Priority areas of gang enforcement/prevention, cybercrime, and intelligence analysis. Nueces County will fund a drug prosecutor's salary in the District Attorney's Office and the remaining funds will be used by the Sheriffs Office for software upgrades and maintenance fees related to the Jail Management System. ALTERNATIVES: None OTHER CONSIDERATIONS: None FINANCIAL IMPACT: o Not Applicable X Operating Expense X Revenue ❑ CIP FISCAL YEAR: 2010 - 2011 Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 0 0 0 0 Encumbered / Expended Amt. as of July 12, 2011 0 0 0 0 This item 0 $212,139 0 $212,139 BALANCE 0 $212,139 0 $212,139 FUND(S): Police Grants Fund Comments: There is no match required by the City. If awarded the grant, the City will pay Nueces County a total of 50%, or a current estimate of $106,069.50, of the JAG funds received from this award, per the interlocal agreement. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for approval of the interlocal agreement and approval to submit the application. EMERGENCY/NON-EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget. LIST OF SUPPORTING DOCUMENTS: Interlocal agreement Resolutions Cc: Trisha Dang, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager -50- GMS APPLICATION NUMBER ao n THE STATE OF TEXAS KNOW ALL BY THESE PRESENT COUNTY OF NUECES INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE COUNTY OF NUECES, TEXAS EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FISCAL YEAR 2011 LOCAL SOLICITATION AWARD This agreement is made and entered into this day of , 2011, by and between the City of Corpus Christi, acting by and through its governing body, the City Council ("CITY"), and the County of Nueces, acting by and through its governing body, the Commissioners Court ("COUNTY"), both of Nueces County, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority of Section 791.011(a), Government Code: and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the CITY and COUNTY has previously entered into an agreement on June 22, 2010 for disbursement of Fiscal Year 2010 JAG funds which is separate from this agreement; and WHEREAS, the CITY agrees to provide the COUNTY fifty percent (50%), or a current estimate of $106,069.50, JAG funds received from Fiscal Year 2011 award; and WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds. —51— GMS APPLICATION NUMBER NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of fifty percent (50%), or a current estimate of $106,069.50, of the JAG funds received from this award. Section 2. COUNTY agrees to use the fifty percent (50%), or a current estimate of $106,069.50, of JAG funds received from CITY under this agreement for the enhancement of law enforcement between October 1, 2011 and September 30, 2015. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 5. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any party not a signatory hereto. —52— GMS APPLICATION NUMBER CITY OF CORPUS CHRISTI COUN OF NUE S fir, i _ /, Ronald L. Olson Samuel L. : , Jr. City Manager County Judge June 29, 2011 Date Date ATTEST: Armando Chapa City Secretary 547i/ Dian S,Moa Sean2-11C County Clerk ct,0'ps4y 6-30-11 Date Date APPROVED AS. TO FORM: T. Trisha Dang Assistant City Attorney For City Attorney Q1SOI11 Laura Garza Jime County Attorney Date Date —53— RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND NUECES COUNTY TO ESTABLISH TERMS FOR THE SHARING OF THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FY 2011 LOCAL SOLICITATION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to execute an interlocal agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2011 Local Solicitation. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO FORM: June 29, 2011 T. Trisha Dang Assistant City Attorney For City Attorney Resol-IntAg-BymeAwd 2 2011 —54— Joe Adame Mayor Corpus Christi, Texas day of , 2011 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 Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott David Loeb —55— RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A GRANT APPLICATION IN THE AMOUNT OF $212,139 TO THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE FOR FUNDING ELIGIBLE UNDER THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FY 2011 LOCAL SOLICITATION; 50% OF THE FUNDS TO BE DISTRIBUTED TO NUECES COUNTY UNDER THE ESTABLISHED INTERLOCAL AGREEMENT. GRANT FUNDS WILL BE USED FOR THE ENHANCEMENT OF LAW ENFORCEMENT EFFORTS BY THE POLICE DEPARTMENT AND NUECES COUNTY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to submit a grant application in the amount of $212,139 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2010 Local Solicitation; 50% of the funds to be distributed to Nueces County under the established interlocal agreement. Grant funds will be used for the enhancement of law enforcement efforts by the Police Department and Nueces County. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: June 29, 2011 T. Trisha Dang Assistant City Attorney For City Attorney Resol-IntAg-ByrneAwd 2011 —56— THE CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas day of , 2011 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 Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott David Loeb —57— 6 City of Corpus B Christi AGENDA MEMORANDUM for the City Council Meeting of July 12, 2011 DATE: 06/23/2011 TO: Ronald L. Olson, City Manager FROM: Fred Segundo, Director of Aviation freds@cctexas.com 361-289-0171 *1216 Assignment of Concession and Lease Agreement between Alamo National Rent A Car and Enterprise Rent A Car PURPOSE: Ordinance consenting to the Assignment of an On -Airport Rental Car Concession and Lease Agreement with Gulf Coast Car Rental, Inc. to EAN Holdings, LLC dba Alamo Rent A Car and National Car Rental; authorizing the City Manager or designee to execute the Assignment and Assumption Agreement between all parties; and declaring an emergency BACKGROUND AND FINDINGS: On Airport Rental Car Concession and Lease Agreements executed between City and Rent-A-Car Companies on November 1, 2009 included provisions which allow for assignments with approval from the City. Gulf Coast Car Rental and EAN Holdings have requested approval of the City for the assignment of Gulf Coast Rental's concession and lease agreement. ALTERNATIVES: None. FINANCIAL IMPACT: X Not Applicable o Operating Expense o Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget Encumbered/Expended amount as of (DATE) 0 This item 0 0 0 BALANCE 0 0 0 0 FUND(S): —61— Comments: No financial impact on this item. All terms and conditions will continue to apply on assignment. RECOMMENDATION: Staff recommends approval of assignment as presented, Continuity of Rental Car Service Providers required to meet current traffic demand is important for day to day operation of the Airport. CONFORMITY TO CITY POLICY: This action would be pursuant to City Charter Article IX Section 4 which states that no city lease may be transferred except with approval by ordinance. EMERGENCY / NON -EMERGENCY: Staff requests approval of emergency to continue and minimize operational impact to the Rental Car Companies DEPARTMENTAL CLEARANCES: Airport Advisory Board Department of Aviation LIST OF SUPPORTING DOCUMENTS: Ordinance Assignment and Assumption Agreement Cc: Lisa Aguilar, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan E. Perales, Jr., P.E., Assistant City Manager -62- Page 1 of 2 AN ORDINANCE CONSENTING TO THE ASSIGNMENT OF AN ON -AIRPORT RENTAL CAR CONCESSION AND LEASE AGREEMENT WITH GULF COAST CAR RENTAL, INC. TO EAN HOLDINGS, LLC DBA ALAMO RENT A CAR AND NATIONAL CAR RENTAL; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN ALL PARTIES; AND DECLARING AN EMERGENCY. WHEREAS, the City of Corpus Christi ("City") executed an On -Airport Rental Car Concession and Lease Agreement with Gulf Coast Car Rental, Inc. as approved by Ordinance 028372 on 10/27/2009, with term continuing until October 31, 2014; WHEREAS, Gulf Coast Car Rental and EAN Holdings, LLC request consent of the assignment of the agreement to EAN Holdings, LLC dba Alamo Rent a Car and National Car Rental; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS THAT: SECTION 1. The City Council, pursuant to Article IX, Section 4, of the City Charter, approves the assignment of the On -Airport Rental Car Concession and Lease Agreement with Gulf Coast Car Rental, Inc. to EAN Holdings, LLC dba Alamo Rent a Car and National Car Rental. Furthermore, the City Manager or designee is authorized to execute the Assignment and Assumption Agreement with all parties. A copy of the agreement is on file with the City Secretary. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter Rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the _ day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved: ` -% -'' , 2011 By: tin" Lisa Aguilar, Asuijktant City Attorney For City Attorney HAUSERS\EnriqueC\Agenda Items\Ordinance - Airport Assignment and Assumption AgreeTrlent.dOCX —63— Corpus Christi, Texas Day of , 2011 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 Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott —64— ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT is made in multiple originals and entered into by and between — Gulf Coast Car Rentals, Inc. a Texas Corporation, doing business as National Car Rental and Alamo Rent A Car - (hereinafter called "Assignor") and EAN Holdings, LLC d/b/a Alamo Rent A Car and National Car Rental (hereinafter called "Assignee"). WITNESSETH: WHEREAS, Assignor wishes to assign all its rights under that certain On -Airport Rental Car Concession and Lease Agreement between Assignor and the City of Corpus Christi, TX (the "City") and hereto referred to as "Agreement" and attached as Exhibit A; WHEREAS, Assignor has requested the City to approve the Assignment of Assignor's rights and obligations under the Agreement to Assignee; and WHEREAS, the City is willing to grant this request of Assignor to assign its rights under the Agreement to Assignee; NOW, THEREFORE, in consideration of the terms, covenants and promises, agreements and demises herein contained, and for other good and valuable consideration, each to the other given, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1. The Assignor hereby transfers, assigns and sets over to the Assignee all right, title and interest of the Assignor in and to the Agreement effective as of the date of the full execution of this document ("Effective Date"). 2. In consideration therefore, the Assignee hereby accepts, assumes, takes over and succeeds to all of the Assignor's rights, duties, interests, liabilities and obligations from the Effective Date forward under the Agreement and agrees to all of the terms, conditions, provisions, covenants and obligations contained therein. 3. Assignor warrants to Assignee that it is not in breach of the Agreement and hereby agrees, for itself and its successors and assigns, to indemnify and hold harmless the Assignee from any loss, damage, environmental damage, claim, cost or expense arising from the failure of Assignor, its successors or assigns, to perform any of the terms, conditions, covenants and obligations of the Agreement, provided such indemnity shall apply only to failures accruing prior to the Effective Date of this Assignment. 4. Assignee hereby agrees, for itself and its successors and assigns, to indemnify and hold harmless the Assignor from any loss, damage, environmental damage, claim, cost or expense arising from the failure of Assignee, its successors or assigns, to perform any of the terms, conditions, covenants and obligations of the Agreement, provided such indemnity shall apply only to failures accruing after the Effective Date of this Assignment. -65- 5. The City consents to the assignment as of the Effective Date of the rights, duties, interest, liabilities and obligations under the Agreement of Assignor to Assignee and hereby authorizes execution of this Assignment and Assumption Agreement. The City understands and agrees that the Assignor remains responsible for any and all obligations under the Agreement prior to the Effective Date and that Assignee is responsible only for obligations arising after the Effective Date. IN WITNESS WHEREOF, the undersigned have duly executed this Assignment and Assumption Agreement as of the date set forth above. Witnesses: Approved as to form: Lisa Agui Assistant ity Attorney For City Attorney ll ASSIGNOR: Gulf Coast Car Rentals, Inc., d/b/a National Car Rental and Alamo Rent A Car PHIL W. RIDGEWAY, JR. By: ZiigA-e. /A// e -L ------.1i Title: president Date: May 24 2011 ASSIGNEE: EAN Holdings, LLC d/b/a Alamo Rent A Car and National Car Rental Title: 09/474 Date: 44 ami ,�pl f (� CONSENT GRANTED: CITY OF CORPUS CHRISTI By: Title: Date: —66— 7 CCityorpus fs ►►►►►►111111_ — = Chnsti AGENDA MEMORANDUM for the City Council Meeting of July 12, 2011 DATE: June 27, 2011 TO: Ronald L. Olson, City Manager FROM: Gustavo Gonzalez, P.E. Director of Water Operations Gustavogo@cctexas.com 826-1874 Placement of FEMA reimbursement in water supply development reserve PURPOSE: Ordinance establishing a water supply development reserve in the No. 4010 Water fund; reserving $221,797.53 from Federal Emergency Management Agency, as reimbursement for disaster 1425 (Texas 2002 floods), in the water supply development reserve of the No. 4010 Water fund; changing the FY 2010-11 operating budget, adopted by ordinance No. 028252 by increasing proposed revenues by $221,797.53; and declaring an emergency. BACKGROUND AND FINDINGS: On or around June 29 2002, heavy rains in the Corpus Christi Lake drainage basin necessitated high volume floodwater releases that caused the following damages: • Overtopped the downstream stilling basin training wall. • Washed out an estimated 800' long x 28' wide x 3.5' thick (2500 cubic yard) section of rip -rap installed between the training wall and access road. • Damaged the aggregate access road, estimated at 1500' long x 10' wide. • Washed out an estimated 360' long 8" PVC French drain . The consulting firm Freese and Nichols was employed to design and oversee the following necessary repairs. • Removal and substitution of an estimated 1,100 cubic yard of material re -shaping the area • Removal of debris and rip -rap in the secondary stilling basis • Replacement of two concrete relief well lids • Repair/replace 1,700 LF of heavy gauge 8' high vinyl coated chain link fence On or around September 20, 2002, The City of Corpus Christi submitted a Project Worksheet to Federal Emergency Management Agency (FEMA) and made a $ 286,794 funding request to repair these damages. —69— Page 2 of 3 On June 10, 2003, the City Council authorized a construction contract with Lowman Services, Inc. of Robstown, Texas, in the amount of $521,164.80 for Wesley Seale Dam Damage Repairs. This construction contract included several other items that were considered as improvements rather than repairs and thus funding for those items was not be provided by FEMA. On or around March 3, 2011 the City confirmed to the Texas Department of Public Safety through which federal funds from FEMA are distributed that all work associated with this project has been completed. In a letter dated March 11, 2011, the City was notified that an amount of $221,797.53, which is the Federal share of the $286,794 requested, has been directly deposited into our organization's account. ALTERNATIVES: None. OTHER CONSIDERATIONS: Since repairs were paid from bond funds in prior years and a pro -rata share of debt service on those bonds is included in Raw Water Cost Adjustment (RWCA), this FEMA reimbursement should be placed in the RW Supply Development Reserve so that use of the funds will reduce future RWCA (when appropriated). FINANCIAL IMPACT: (Fill out chart - see instructions below) o Not Applicable o Operating Expense X Revenue o CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 0 0 Encumbered/Expended amount as of 06/23/2011 0 0 This item 0 221,798 0 221,798 BALANCE 0 221,798 0 221,798 FUND(S): Water Comments: When approved, the water supply development reserve will increase by $221,798. RECOMMENDATION: Approval of the ordinance CONFORMITY TO CITY POLICY: N/A —70— Page 3 of 3 EMERGENCY / NON -EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Water Department LIST OF SUPPORTING DOCUMENTS: Letter from Texas Department of Public Safety (dated March 11, 2011) Ordinance Cc: R. Jay Reining, First Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, P.E., Assistant City Manager —71— TEXAS DEPARTMENT OF PUBLIC SAFETY 5005 N. LAMAR BLVD • BOX 4057 • AUSTIN, TEXAS 76779-0001 STEVEN C.MeCRAW DIRECTOR LAMARBECSWORNI CHEDDAR:BWE OEP WY DIRECTORS Chief Financial Officer Corpus Christi, City of P. O. Box 9277 Corpus Christi, TX 78469-9277 512/424-2000 www.txdvs.state.tx.us 11 March 2011 COMMISSION ROAN R.POWNSKY,CRAM ADA BROWN JOHNSTEEN CAPIN .CVNIWCYBARNI A. CYNIWAIEON RE: FEMA -1425 -DR Texas Floods This is to inform you that $221,797.53, in disaster relief funds associated with the above referenced disaster has been Directly Deposited into your jurisdiction/ organization's account. These are federal funds (CFDA #83.544) from FEMA, passed through the Texas Department of Public Safety's Division of Emergency Management. If your organization has expenditures over $500,000 in federal funds within a fiscal year that began December 31, 2003 or later, you must have an audit done in accordance with the Single Audit Act Amendment of 1996 (OMB Circular A-133). Please share this letter with your FEMA grant coordinator. This letter concerns the following project ID number(s): Pkg 205, PW 992(0) Obligate and Pay based on Audit Results. If you have any questions concerning the computation or audit requirements, please call Sally Flanders at (512) 424-5376. Sincerely, Desire Glenn Funds Management Unit Supervisor Texas Division of Emergency Management —72— Page 1 of 3 ORDINANCE ESTABLISHING A WATER SUPPLY DEVELOPMENT RESERVE IN THE NO. 4010 WATER FUND; RESERVING $221,797.53 FROM FEDERAL EMERGENCY MANAGEMENT AGENCY, AS REIMBURSEMENT FOR DISASTER 1425 (TEXAS 2002 FLOODS), IN THE WATER SUPPLY DEVELOPMENT RESERVE OF THE NO. 4010 WATER FUND; CHANGING THE FY 2010-2011 OPERATING BUDGET, ADOPTED BY ORDINANCE NO. 028252 BY INCREASING PROPOSED REVENUES BY $221,797.53; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A Water Supply Development Reserve is established in the No. 4010 Water Fund. The Water Supply Development Reserve will be funded by a portion of the revenues generated by the Raw Water Cost Adjustment for water supply development and protection and other revenues received by the City for the development of future water supplies. The Water Supply Development Reserve will be used to pay a portion of the costs of implementing the future acquisition of water rights and implementation of water supply strategies in the Coastal Bend Regional Water Plan. SECTION 2. That $221,797.53 from Federal Emergency Management Agency, as reimbursement for disaster 1425 (Texas 2002 floods), is reserved in the Water Supply Development Reserve of the No. 4010 Water Fund. SECTION 3. That Ordinance No. 028252, which adopted the FY 2010-2011 Operating Fund, is changed to increase proposed revenues in the 4010 Water Fund by $221,797.53. SECTION 4. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Ord -FEMA 1425 appropord 06162011 a.docx Joe Adame Mayor -73- APPROVED: June 30, 2011 R. J e' ing Fir A istant City Attorney For City Attorney Ord -FEMA 1425 appropord 06162011a.docx -74- Page 2 of 3 Page 3 of 3 Corpus Christi, Texas day of , 2011 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 Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott Ord -FEMA 1425 appropord 06162011a.docx —75— 8 wiA City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of July 12, 2011 DATE: June 29, 2011 TO: Ronald L. Olson, City Manager FROM: Peter M. Davidson, Marina Superintendent PeterDacctexas. com 361-826-3983 Approval of use permit for operating a Marina Fuel Station PURPOSE: Ordinance authorizing the City Manager, or designee, to execute a five year use permit with Sundance Fuels, Ltd. for the use of Cooper's Alley L -Head for the purpose of operating a Marina Fuel Station for monthly rental payments of $200.00. BACKGROUND AND FINDINGS: The City Marina has been without a Fuel Station for the past 3 years. As a full service marina without fuel, the leasing of boat slips is extremly difficult. RFP BI -0151-09 for "Marina Fuel Station & Souvenir, Restaurant or Related Marina Development" was sent out. We received one partially completed proposal. This was to be a lease. The vendor backed out mid -way through the process. Thus, nothing was awarded and the RFP was simply closed out. In February 2010, we attempted to enter into a lease agreement with Majestic Ventures for a Marina Fuel Station & Development. That did not come to pass as the prospective lessee pulled out. During March 2011, Sundance Fuels, Ltd. showed interest in building a new marina fuel station at no cost to the City of Corpus Christi. Sundance Fuels will purchase state of the art equipment, build and install a self service marina fuel station providing for 10,000 gallons of diesel fuel plus 3,000 gallons of gasoline. The fuels would be stored in an above ground certified fuel tank according to USCG and TXGLO regulations. Sundance Fuels, Ltd. would pay a monthly rent of $200.00 per month to the City Marina Department to be reviewed yearly regarding monthly payments including operation thereof. ALTERNATIVES: The Marina Department investigated building and operating a City owned Marina fuel station including partnering with other City Departments to make a Fuel Station in the Marina a reality. After consideration the cost was found to be prohibitive. —79— FINANCIAL IMPACT: (Fill out chart - see instructions below) ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 0 0 Encumbered/Expended amount as of 6/29/11 0 0 This item 0 2000 0 BALANCE 0 0 2,000 2,000 FUND(S): Marina Comments: Staff anticipates that the fueling station will be in full operation in October 2011. Thus, projected revenues for FY 2011-12 are calculated for 10 months at $200 a month, totaling $2,000. RECOMMENDATION: Staff recommends that the City Council approve the use permit ordinance as written. CONFORMITY TO CITY POLICY: Use permits must be approved by City Council. EMERGENCY / NON -EMERGENCY: Emergency — passing the ordinance will expedite the City's receipt of projected revenues once the station is operational. DEPARTMENTAL CLEARANCES: Marina LIST OF SUPPORTING DOCUMENTS: Map Use permit Ordinance Cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager —80— EXHIBIT A Corpus Christi — — Municipal Marina City of Corpus Christi STATE OF THF -ART FLOATING ROCKS WITH W VPOUT FASMIHG PIER ROCA GRCIU RESTAURANT -Ir' PreR Wd P p Jr: cc3�' T\F /T_PICR}`ill3�� tL "I" Tilitir -E-FIL.U11III I6 - BonTLHE' RESmOoM. HC WFR k LAUNDRY FACILITY - PUBLIC RESTROOM UP ANT 1 ' C'PIER GPI( BOATERS' RESTROOM. _ SHOWER S �it =Pr�Te . t / LLI LNORY • ( FLOAT41l. ""G _ 9 rntIr Nucws PUBLIC HAYYACHTCLll6 f . S' l/ RESTROOM • ' 7: __ fl MARINA A PIER a - . _ I .j• �y' OFFICE PIER •acv v+ 1. YC "'Amy" PIER -GcOADT E_R.VV nESPPU MEIAATRPMTPIEONNYN lls nt -.'"--3-1 - ' •EP/474T_ _,! SAISTAND /�' )..... _-'- PUBLIC ACE_TROOMs .: di MC .Et BEACH 1 ResROOMS. iHOWE., 5 LAUNNHY F,.C4mES POCK! —81— USE PERMIT GRANTED TO SUNDANCE FUELS, LTD. ON THE COOPER'S ALLEY L -HEAD THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL MEN BY THESE PRESENTS: 1 This Use Permit ("Permit") is granted this the day of , 2011, by the City of Corpus Christi ("City"), a Texas municipal home -rule corporatidn, to Sundance Fuels, Ltd. ("Sundance"). The City, in consideration of Sundance's faithful performance of the conditions and covenants contained in this Use Permit, grants to Sundance a Use Permit for the use of an area on Cooper's Alley L -Head in the Corpus Christi Marina ("Marina"), upon these terms as follows: Section 1. Premises. (A) City does hereby grant to Sundance the use of, and Sundance does hereby rent and accept from City, use of sufficient space on the north side of the Cooper's Alley L - Head (see Exhibit A and Exhibit B) as identified by the Marina Superintendent for placement of one (1) 13,000 gallon fuel tank, and two fuel pumps, herein referred to as the "Premises", to be used for Sundance to construct, operate, and maintain a marine fuel station. (B) Sundance acknowledges and agrees that Sundance has been provided, to its satisfaction, the opportunity to inspect the Premises for any defects as to the suitability of such property for the purpose to which Sundance intends to put the premises, and is relying on its own inspection. This Use Permit is subject to all covenants, easements, reservations, restrictions and other matters of record and not of record applicable to the Premises. (C) City is not required to make any expenditure, incur any obligation, or incur any liability of any kind whatsoever in connection with this Use Permit or the financing, construction, maintenance, operation, repair, or replacement of the Premises or any improvements at the Premises. (D) Sundance acknowledges that it is using the Premises "AS IS" with all faults as may exist on the premises, and that neither City, nor any employee or agent of City, has made any representations or warranties as to the condition of such Premises. Sundance hereby waives any and all causes of action, claims, demands, and damages based on any warranty, express or implied, including but not limited to any implied warranty of suitability for a particular purpose, any and all warranties —82— 2 of habitability, and any other implied warranties not expressly set forth in this Use Permit. Section 2. Permitted Uses. Sundance must develop and use the Premises solely as a self-service boating fuel station for general public use including commercial use ("marine fuel station"). Section 3. Term. This Use Permit takes effect on date of final City Council approval. term of this Use Permit shall be five years from date of final City Council approval. Thereafter, the Use Permit may continue on a month-to-month basis upon mutual written agreement of the Sundance President and Marina Superintendent until terminated upon thirty (30) days written notice. Section 4. Rent. For the first year of this Agreement, Sundance must pay the City a base rate of Two hundred dollars ($200.00) per month, in advance, due and payable on or before the 10th day of every month. Payments must be made to the order of the City of Corpus Christi and delivered or mailed to the Corpus Christi Marina Department, 400A North Shoreline, Lawrence Street T -Head, Corpus Christi, Texas 78401-2556. After the first year of this Agreement, the parties agree to re -negotiate the monthly rents. If new rent is not renegotiated, the rent shall automatically increase each year by additional 10%. Section 5. Rent Payment Abatement. (A) The monthly rent payment may be abated during the time Sundance ceases operations at the Premises when the Marina Superintendent activates the Hurricane Plan ("Hurricane Pian") which is attached as Exhibit C and incorporated in this Use Permit by reference; or in the event major repair, renovation or construction prohibits access to and through the Cooper's Alley L -Head. (B) In the event that a condition in subsection (A) of this section occurs and Sundance desires to claim a rental payment abatement, Sundance must notify the City's Marina Superintendent or the Marina Superintendent's designee ("Marina Superintendent") in writing within three (3) business days following the occurrence of a condition stated in subsection (A) of this section, providing the date, time, and reason for cessation of business operations and the expected date of resumption of business operations. (C) Sundance must resume its fuel station operations as soon as practical after a condition that' caused the cessation of business operations no longer exists. Sundance -83- 3 must provide the Marina Superintendent with written notice within 24 hours after resuming business operations. (0) The rental payment abatement amount will be a pro rata share of the minimum monthly payment due. Section 6. Monthly Financial Statements; Audit of Records. Sundance must keep strict and accurate books of account, in accordance with generally accepted accounting procedures and practices, detailing the financial operation of the marine fuel station. Sundance shall provide Marina Superintendent monthly statements of Gross Sales, certified by an authorized officer of Sundance, in accordance with generally accepted accounting principles and procedures and in the form identified on the attached Exhibit F "Gross Sales" means all sales, produced or sold on the Premises or sold on the Corpus Christi Marina, excluding credit card transaction fees and excluding sales taxes. All underlying documentation for Sundance's certified monthly statements, including, but not limited to, cash register and computer terminal tapes, must be preserved by Sundance for at least three (3) years. The City Manager may audit Sundance's books and records at any time to verify Gross Sales for any period within three (3) years prior to an audit. "Books and records" includes, but is not limited to, all documents related to the conduct of the business such as: general ledgers, accounts receivables and payables, sales journals, inventory records, daily and periodic summary re -ports, cash register and computer terminal tapes, bank deposit slips, bank statements, tax reports to State and Federal agencies, and discount and rebate records. Section 7. Installation of equipment for marine fuel station (A) Sundance, at its sole expense and effort, shall purchase and install all equipment and services necessary to operate a new marine fuel station at the Cooper's Alley L - Head, such construction to be complete within six month from date of final City Council approval of this Use Permit ("Required Completion Date"), all equipment and services including but not limited to those listed on the attached Exhibit E. Any tanks installed must be portable tanks. (B) Sundance must not construct any improvements to the Premises without obtaining the prior written consent of the Marina Superintendent. If the marine fuel station is not operational under a Certificate of Occupancy by Required Completion Date described in subsection (A) above, then the City Manager may terminate this agreement upon thirty (30) days written notice to Sundance without any penalty and without any payment due to the Sundance. (C) Sundance, at its sole expense and effort, shall take all actions ready to prepare the Premises for construction of the new marine fuel station. —84— 4 (D) All such construction or work shall be done in compliance with all applicable building codes, ordinances and other laws, rules and/or regulations of governmental authorities having jurisdiction. (E) Sundance must obtain all required governmental licenses, permits and authorizations prior to beginning any such construction or work and pay applicable fees. (F) Prior to commencement of construction, Sundance shall have obtained (and Sundance shall thereafter maintain) in force and effect during all construction, insurance coverage in the amounts set forth herein with respect to the type of construction or work in question and furnish evidence of such insurance to City. (G) Sundance must provide plans to the Marina Superintendent and Director of Engineering for review. (H) Sundance shall not occupy or operate the marine fuel station at the Premises until appropriate Certificate of Occupancy has been provided to Sundance, with copy provided to City. (I) The City, its employees and/or representatives have the right to inspect work on the Premises at any time during the progress of work and to make a final inspection upon completion. City may take any action necessary, including directing that work be temporarily stopped, at Sundance's expense, or require that additional work be done, at Sundance's expense, to ensure compliance with the plans and/or specifications. (J) All plans and specifications for the marine fuel station, and all renovations, remodeling, refurbishing and construction upon the Premises must meet all City fire, building and other applicable City, state and federal regulations and code requirements, including Sundance obtaining required building permits. (K) Preliminary plans are subject to final submission and permit review by the applicable City departments. Said plans remain subject to final review by the City in the standard permitting process. (L) Sundance will enter into a construction contract with a reputable and experienced contractor and the Marina Superintendent reserves the right to approve the contractor, which approval shall not be unreasonably withheld, conditioned or delayed. (M) The costs of developing all plans and specifications as provided herein and the construction of the marine fuel station and facilities upon the Premises shall be paid solely by Sundance, without any cost or expense to City whatsoever. (N) Reserved. -85- 5 (0) Sundance shall not allow a lien to attach to the Premises. Sundance shall not allow a lien to attach to Sundance's interest in this Use Permit without the prior written approval of the City Manager, which approval shall not be unreasonably withheld. (P) Sundance covenants that all construction, including all workmanship and materials, will be of first-class quality. (R) Sundance must include, in all construction contracts entered into, a provision requiring the contractor, or in the alternative, Sundance, to indemnify, hold harmless, defend and insure City, including its officers, agents, and employees, against the risk of legal liability for death, injury or damage to persons or property, direct or consequential, arising or alleged to arise out of, or in connection with, the performance of any or all of the construction work, whether the claims and demands made are just or unjust, unless same are caused by the gross negligence or willful act of City, its officers, agents, or employees. Sundance must furnish or, in the alternative, require the contractor to furnish, insurance as required herein. (S) Sundance shall remain the owner of all improvements or equipment installed at the Premises by Sundance or its contractor or agent. Section 8. Sundance Responsibilities. Sundance shall take all actions to operate and maintain the marine fuel station in good condition at all times, including but not limited to the following: (A) Pay for the installation, maintenance, and use of all utilities at the Premises, including, but not limited to, water, sewer, sanitation, electricity, natural gas, and telephone; (B) Comply with all Federal, State, and local laws, rules, regulations, and ordinances, as each may be amended, including, but not limited to, Chapter 12 of the City's Code of Ordinances and the Marina Rules and Regulations, Corpus Christi Fire Code, and ensure that its employees, agents, and representatives comply as well; (C) Maintain the interior and exterior of Premises and all improvements in a good and safe condition during the term of this Use Permit; (D) Maintain the marine fuel station at all times in a satisfactory state of repair, as specified by the Marina Superintendent; (E) Remove the marine fuel station fuel tanks and related equipment from the Marina in the event of extensive damage, destruction, regardless of cause, or threat of hurricane, as set out in Exhibit C; —86— 6 (F) Ensure that no pollutant, effluent, liquid or solid waste material, bilgewater, litter, trash, or garbage issued from the Premises is allowed to collect in the waters of the Marina or in the vicinity of the fuel station development or parking areas utilized by customers. Sundance must regularly inspect and police the vicinity of the Premises for such materials and promptly clean up and remove such materials (in compliance with applicable laws, regulations and ordinances) in order to maintain the cleanliness and attractiveness of the Marina; (G) Ensure that the noise level issuing from the Premises is reasonable and not discernibly audible to a person of normal hearing sensitivity standing along the east curb lines of Shoreline Boulevard (northbound) and not in violation of any applicable City noise ordinance provisions; (li) Regularly inspect and maintain fire fighting systems and equipment In the highest degree of readiness and regularly conduct training for employees in fire prevention and emergency procedures; (I) Pay all operating expenses incurred by Sundance in connection with operating its fuel station & development; (J) Pay all taxes which may be assessed against the Premises, that are associated with Sundance use of the Premises, prior to their past due date; (K) Pay all costs associated to install, purchase, maintain, replace, repair all equipment and all facilities necessary for Sundance to operate a self-service boating fueling station at the Premises; (L) Obtain and maintain compliance with Spill plan approved by applicable regulatory agencies (U.S. Coast Guard and Texas General Land Office); In the event of damage to the Premises or any improvements thereon, due to storm, fire, vandalism or any cause, Sundance shall remove all debris from the Premises and from the Marina, properly dispose of said debris, and either (1) restore the Premises to their prior condition within a reasonable time, or (b) turn over the insurance proceeds to the City. However, if the Cooper's Alley L -Head is damaged and City does not repair it within a reasonable time to a condition so that Sundance can restore the marine fuel station, then this Use Permit shall be terminated upon thirty days notice without penalty. Section 9. Repairs and Maintenance. (A) Sundance is solely responsible for all repairs and replacement of improvements and equipment at the Premises. For all repairs, Sundance must provide the Marina Superintendent with a written description of the type of maintenance requested and the -87- ° 06/08/2011 3 18PM FAX 2813534142 SUNDANCE FUELS X0002/0002 7 estim ted time frame to start and complete the maintenance requested, at least one week prior to the 'requested start date. (B) Sundancelagrees to provide Marina Superintendent with copy of records regar ing maintenance (including regular maintenance) for the marine fuel station within one ek of maintenance. (C) Sundance at its sole expense, shall make, or cause to be made, any and all repai and replacements necessary to keep the Premises and any improvements on the P emises in a first-class condition and in safe repair and shall promptly make any and .all repairs and replacements. Sundance shall be responsible for causing the Prem(ses to be maintained, repaired, and kept in good order and condition at all times, including: but not limited to, during construction and upon completion of the improvements in ;accordance with commercially reasonable standards at no cost to the City. Sectipn 10. Relocation due to development at Cooper's Alley L -Head. Sundance's equipment, tanks, and fuel pumps may need to be relocated from the original Premises,• to another area on Cooper's Alley L -Head if deemed necessary by Marina Superintendent to accommodate efficient use of the Cooper's Alley L -Head to allow other development. Such relocation shall be at the expense of the developer. Such elocation May necessitate the temporary closure of the marine fuel station, and in such event, Sundance shall have no claim against the City for any lost revenues or lost profits, nor for reimbursement of expenses. If Sundance's equipment, tanks and fuel pump are relocated, then a new Premises exhibit shall be prepared and filed with the City Secretary and this Use Permit shall continue for the rest of the then -current term with Sundance utilizing the new Premises area. Section:ll. Fuel Station Operations. (A) Sundance shall carry out operations in a businesslike manner at all times. Sundance shall provide both diesel fuel and unleaded fuel. Sundance shall not charge • more than 20% above its costs for the fuel. During the first year of this Agreement, fr Marina staff shall be contacted via cell phone when a customer desires to utilize the marin fuel station, so as to unlock the padlocks to the individual fuel pumps, and to relock them after the customer completes their fueling. Marina staff is not required to remain on Premises while the customer fuels their boat, The parties agree to. reneg 9 tiate the Marina staff role in the marine fuel station gate operations after the first year o this Agreejnent. (B) Sundance shall maintain sufficient fuel on Premises to meet demand. Sundance shall nsure that the marine fuel station is available for public use 385 days a year, 24 hours ber day. —88— 8 (C) Sundance must comply with applicable laws, regulations, and ordinances, including without limitation, applicable provisions of the Corpus Christi Fire Code, and subject to interruptions by Acts of God, to the extent of such interruptions, with both gasoline and diesel fuel, in the types and quantities sufficient to satisfy public demand therefore and a separate bulk fueling location at times and in quantities sufficient to satisfy the public demand for bulk fueling. For the purposes of this agreement, bulk fueling shall be defined as that type of fueling provided by a tank vehicle as defined in the Corpus Christi Fire Code. The bulk fueling or arrangements for bulk fueling shall be promptly provided by Sundance; however, in the event that performance of any portion of the obligations of Sundance contained in this section constitutes a violation of any federal, state, local or other governmental body, statute, rule, or regulation, such performance shall not be required. When a request for bulk fuel is received, Sundance shall make its best effort to match the needs of the customer with the bulk fuel source best able and willing to meet such needs. All bulk fueling shall be provided at a site and by a method approved by the Marina Superintendent and the Fire Chief. (D) There shall be no permanent or temporary docking on the bulkhead adjacent to the Premises except for fueling or pump out purposes. (E) Above Ground Storage ("AST") Tank. (1) Sundance shall manage the above ground storage tank system in full compliance with all applicable U.S. Environmental Protection Agency, Texas Commission on Environmental Quality, Texas General Land Office rules and regulations, and City ordinances. (2) Sundance shall provide operational training to its employees who operate the AST system. Training records must be maintained for City inspection. (3) Sundance shall operate and maintain the AST system so as to eliminate any potential leaks and spills. (4) Sundance shall maintain operational fire extinguishers that are accessible at the fueling area, and also provide all other fire fighting equipment deemed necessary by the Fire Department. (5) Sundance must maintain a spill kit to handle potential minor spills. The spill kit must be maintained at an accessible location at the fueling area. (6) Sundance shall report all reportable quantity releases to the applicable regulatory agencies and to the City Fire Department HAZMAT group within one hour of incident. (7) Sundance shall take all measures necessary to contain, control, mitigate, and remediate any releases and spills from the AST system to the satisfaction of the applicable regulatory agencies. Section 12. Hurricane Preparedness. If the City or the surrounding area is threatened by a hurricane or other emergency weather situation, Sundance shall comply with all orders of the Marina Superintendent pursuant to the Hurricane Preparedness Plan, as set out in Exhibit C. As part of hurricane preparedness Sundance agrees to provide to the City Marina Superintendent a written plan regarding how Sundance will secure the facility in times of severe weather. Sundance may be -89- 9 required by Marina Superintendent to remove the marine fuel station fuel tank and related equipment from the Marina. Section 13. Sanitation. Sundance shall store garbage and trash on the Cooper's Alley L -Head at a location designated by the Marina Superintendent. Sundance shall pay all costs for solid waste removal from the Premises. All garbage and trash stored in designated areas upon the L -Head must be stored in dumpster-type containers. Such containers must be housed inside a small building, screened or appropriately landscaped, and all at Sundance's expense and as approved by the Marina Superintendent. The garbage container area must be maintained by Sundance. Sundance shall obtain garbage pickup no less than five (5) days per week. Sundance may not store anything outside either the dumpster itself or the dumpster housing. Sundance will construct concrete pad beneath dumpster upon request of Marina Superintendent to reduce damaged to asphalt caused by dumpster service vehicles. Sundance shall relocate dumpster at Marina Superintendent's direction. Sundance shall obtain additional dumpster at Marina Superintendent's sole director at Sundance's sole cost. Section 14. Parking. Sundance's customers may utilize general public parking on the stem and head portion of the Cooper's Alley L -Head, provided, however, that such parking areas may not be utilized by Sundance for the exclusive use of Sundance and its employees and customers. Parking on the Cooper's Alley L -Head is subject to the City street closure process. For example, during City -approved street closure of Cooper's Alley L -Head, Sundance (and its employees and customers) will not have access to use of parking areas on the Cooper's Alley L -Head. Section 15. Special Events. Sundance acknowledges that future development may occur at the Cooper's Alley L -Head. Sundance acknowledges that City may authorize special events on the Marina which may impact Sundance's operations on a temporary basis, including street closures. If deemed necessary by the Marina Superintendent, the Marina Superintendent may require Sundance to close the marine fuel station operation from the time the special event set up begins, until the time that the special event take down has concluded. Section 16. Sanitary Sewer. (A) Sundance shall operate its sanitary sewer facilities in accordance with the City Code of Ordinances, Section 13-201, as amended, and City Code of Ordinances, Chapter 55, Article XI, Commercial and Industrial Waste Disposal and Pretreatment, as amended. (B) The City warrants sewer service from the lift station only so long as electrical service to the station is not disrupted by storm, accident or other hazards, or catastrophe. Standby power to operate the lift station is not available at the beginning of this Use Permit nor is it planned by the City. -90- 10 Section 17. Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and without notice, to determine whether Sundance is providing maintenance required by this Use Permit, to inspect the operations, to enforce this Use Permit, for purposes of any fire or police action, or for any other purpose incidental to the City's retained rights of and in the Premises. Section 18. Signs and Lighting. (A) Sundance may not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering ("Signs") at, on, or about the Premises, or any part thereof, without the prior written approval of the City Manager. Sundance must maintain proper signage to identify the type of fuel at each fuel pump, and price. (B) Sundance may not erect or affix any new or modified lighting fixtures ("Lighting") at, on, or about the Premises, or any part thereof, without the prior written approval of the City Manager. (C) If approved, the new or altered Signs and Lighting must comply with the City's Code of Ordinances and the City's zoning ordinance, as each may be amended. Section 19. Assignment or Sublease. (A) Sundance may not, without the prior written consent of the City's City Council ("City Council"), such consent not to be unreasonably withheld, assign this Use Permit or sub- lease any portion of the Premises. Any attempted assignment or sublease, without the prior written consent of the City Council may, in the City Manager's sole discretion, render this Use Permit null and void. (B) In the event of the City Council's consent to an assignment or sublease of this Use Permit, each provision, term, covenant, obligation, and condition required to be performed by Sundance must be binding upon any assignee or sub0lessee and is partial consideration for the City Council's consent to the assignment or sublease. Any failure of the assignee or sub -lessee to strictly comply with each provision, term, covenant, obligation, and condition stated in this Use Permit may, in the City's Manager's sole discretion, render this Use Permit null and void. Section 20. Non-discrimination. Sundance covenants and agrees that it shall not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Premises, on the grounds of race, religion, national origin, gender, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take such action as the United States may direct to enforce this covenant. Violation by Sundance of this covenant constitutes grounds for the City to immediately terminate this Use Permit. -91- 11 Section 21. Relationship of Parties. This Use Permit establishes a landlord/tenant relationship, and none other, and this Use Permit must be construed conclusively in favor of that relationship. In performing this Use Permit, both the City and Sundance will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. Section 22. Termination and Late Payment penalty. (A) Upon default. The City may terminate this Use Permit if Sundance fails to comply with any provision, term, covenant, obligation, or condition of this Use Permit and fails or refuses to cure the default after receiving thirty (30) days written notice of the default. (B) Without cause. Either party may terminate this Use Permit at any time without cause and without penalty upon six (6) months advance written notice. (C) If Sundance issues any payments to City after their due date, Sundance shall be responsible to pay a late payment fee of fifty dollars along with interest accruing at the rate of five percent per month (or the maximum amount permitted by law, whichever is less) until full payment has been received by the City. Section 23. Indemnification. (A) In consideration of allowing Sundance to use the Premises, Sundance ("Indemnitor") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees") from and against any and all claims, demands, actions, damages, losses, costs, liabilities, expenses and judgments asserted against or recovered from the City on account of injury or damage to persons or property (including, without limitation on the foregoing, premises defects, workers' compensation, and death claims), to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (1) Sundance's performance pursuant to this Use Permit; (2) Sundances' use of the Premises and any and all activities associated with the fuel provided at the Premises; (3) the violation by Sundance, its officers, employees, agents or representatives or by Indemnitees of any law, rule, regulation, ordinance, or government order of any kind pertaining directly or indirectly to this Use Permit; (4) the exercise of rights under this Use Permit; or (5) an act, omission, or violation on -92- 12 the part of Sundance, its officers, employees, agents, representatives, contractors, patrons, guests, licensees or invitees entering upon the Premises with or without the express or implied invitation of Sundance, or of Indemnitees, pertaining to this Use Permit, including any environmental, health or safety damages or exposures which occur at or arise from the Premises, regardless of whether the injury, damage, loss, violation, exercise of rights, act, omission or criminal violation is caused or is claimed to be caused by the sole, contributing or concurrent negligence of Indemnitees, but not if such damage or injury results from the willful misconduct of the Indemnitees. (8) Sundance covenants and agrees that, if the City is made a party to any litigation against Sundance or in any litigation commenced by any party, other than Sundance relating to this Use Permit, Sundance shall, upon receipt of reasonable notice regarding commencement of litigation and at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend the City in all actions based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said claims, demands, actions, damages, losses, costs, liabilities, expenses or judgments. (C) The provisions of this section survive the earlier termination or expiration of this Use Permit. Section 24. Insurance. (A) Sundance must provide insurance in the amounts and types of coverages required by the City's Risk Manager or the Risk Manager's designee ("Risk Manager") as required in attached Exhibit D which is incorporated herein by reference. Sundance must provide the City's Marina Director and the Risk Manager with a Certificate of Insurance, stating the levels and types of coverages, at least 30 days prior to the annual anniversary date of the effective date of this Use Permit. (B) The language on the Certificate of Insurance must provide that the City's Marina Director and the Risk Manager receive at least 30 days advance written notice, -93- 13 by certified mail, of any cancellation, non -renewal, or material change in the insurance as required in Exhibit D. (C) The Risk Manager retains the right to annually review the limits and types of insurance required by this Use Permit, to require increased coverage limits and types, if necessary in the interest of public health, safety, or welfare, or to adequately insure the Premises, and to decrease coverage, if so warranted. In the event of any necessary increase, Sundance will receive at least 30 days written notice of the revised re -insurance requirements. Sundance shall procure the revised insurance limits and types within 30 days of receipt of written notice of the revised insurance requirements and provide written proof of insurance to the City's Marina Superintendent and the Risk Manager. (D) Sundance shall, prior to the construction of any improvement, addition, or alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed improvement, addition, or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Sundance. In the event that the Risk Manager determines that the improvement, addition, or alteration necessitates increased insurance coverage, Sundance shall procure such increased insurance coverage within the time specked by the Risk Manager. Section 25. Compliance with Law. Sundance shall comply with all Federal, State, and City laws, rules and regulations in the operation of the marine fuel station and all of Sundance's uses at the Premises. Sundance shall maintain all required licenses and permits to continue operations at the marine fuel station. Sundance shall display required licenses or permits upon request of Marina Superintendent. Section 26. Notice. (A) All notices, demands, requests, or replies provided for or permitted by this Use Permit must be in writing and may be delivered by any one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified mail, return receipt requested, postage prepaid, to the addresses stated below; or (3) by deposit with an overnight express delivery service. (B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. (C) All such communications must be made only to the following: —94— IF TO THE CITY : City of Corpus Christi Attn: Marina Superintendent 400A North Shoreline Blvd. Lawrence Street T -Head Corpus Christi, TX 78401-2556 IF TO SUNDANCE: Sundance Fuels, Ltd. P. O. Bo 2495 Spring, Texas 77383 14 (D) Either party may change the address to which notice is sent by using a method set out above. Sundance shall notify the City of an address change or fax number change within ten (10) days after the address or number is changed. Section 27. No debts. Sundance shall not incur any debts or obligations on the credit of the City during the term of this Use Permit and including during any holdover period that may occur. Section 28. Modifications. No other changes or modifications to this Use Permit may be made nor any provision waived unless made in writing and signed by persons duly authorized to sign agreements on behalf of each party. Section 29. Interpretation; Venue. This Use Permit is to be interpreted according to the Texas laws which govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Use Permit was entered into and will be performed. Section 30. Publication. Sundance agrees to pay the cost of newspaper publication of this Use Permit and related ordinance, as required by the City Charter, in the legal section of the local newspaper. Section 31. Waiver. The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights under this Use Permit. Section 32. Force Majeure. No party to this Use Permit is liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, or riots or interference by civil or military authorities. Such delays or failures to perform extend the period of performance until these exigencies have been removed. Sundance shall inform the City in writing of proof of such force majeure within three (3) business days or otherwise waive this right as a defense. Section 33. Surrender. Sundance acknowledges and understands that the City's agreement to grant use of the Premises to Sundance is expressly conditioned on the understanding that the Premises, must be surrendered upon the expiration, termination, —95— 15 or cancellation of this Use Permit in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Sundance is without fault, excepted. Any personal property remaining at the Premises after termination date shall be disposed of by City in any manner deemed appropriate by City, with Sundance to pay City's disposal costs within thirty (30) days of receipt of invoice. Sundance must cause the removal of any of its equipment without damage to the Premises. Sundance remains responsible for payment of any damages caused by removal of equipment and improvements from the Premises at the termination or expiration of this use Permit. Section 34. Enforcement Costs. In the event any legal action or proceeding is undertaken by the City to repossess the Premises, collect the rent payment(s) due pursuant to this Use Permit, collect for any damages to the Premises, or to, in any other way, enforce the provisions of this Use Permit, Sundance agrees to pay all court costs and expenses and such sum as a court of competent jurisdiction may adjudge reasonable as attorneys' fees in said action or proceeding or, in the event of an appeal, as allowed by an appellate court, if a judgment is rendered in favor of the City. Section 35. Survival of Terms. Termination or expiration of this Use Permit for any reason does not release either party from any liabilities or obligations set forth in this Use Permit that (1) the parties have expressly agreed survive any such termination or expiration, including, but not limited to, Section 22, 23, 24, and 35; (b) remain to be performed; or (c) by their nature would be intended to be applicable following any such termination or expiration. Section 36. Acknowledgment and Construction of Ambiguities. The parties expressly acknowledge that they have each independently read and understood this Use Permit. By Sundance execution of this Use Permit, Sundance agrees to be bound by the terms, covenants, and conditions contained in this Use Permit. Furthermore, Sundance acknowledges and understands that this Use Permit is not binding on the City until properly authorized by the City's City Council and executed by the City Manager. By agreement of the parties, any ambiguities in this Use Permit are not to be construed against the drafter. Section 37. Severability. If, for any reason, any word, phrase, paragraph, provision, or section of this Use Permit or the application of such language to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law effective during the term of this Use Permit or by a final judgment of a court of competent jurisdiction, then the remainder of this Use Permit, or the application of said language to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected hereby, for it is the definite intent of the parties to this Use Permit that every word, phrase, paragraph, provision, or section of this Use Permit be given full force and effect for its purpose. Section 38. Entire Agreement. This Use Permit document and the incorporated and attached exhibits constitute the entire agreement between the City and Sundance for -96- 16 the purpose granted. All other agreements, promises, and representations, oral or otherwise, with reference to the subject matter hereof, unless contained in this Use Permit, are expressly revoked, as it is the intention of the parties to provide for a complete understanding within the provisions of this Use Permit and its exhibits of the terms, conditions, promises, and covenants relating to Sundance operations and the Premises to be used in the operations. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of 2011. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Ronald L. Olson City Manager APPROVED AS TO LEGAL FORM: ,vtnw c.( , 2011. ;✓ Assistant City(5t'torney for the City Attorney SUNDANCE• By: Name: Title: f&.g Date: 4,4 fr STATE OF TEXAS� COUNTY OF/1 Wel § This i/'strum nt was ac. nowledged before me on the 69 day of L(� 2011, by (t_, J_! ��i of tiiSeg �(S on behalf of Notary Public, State of Texas le 9c ,[/r nig Printed Name Commission expires: / — 3 - 2 r / 'Z AIL w s w T KWANG HO PARK My Commission Expires ♦-; January 8, 2012 a a a aa a a• 7 NisKINRORN, City of Corpus Christi 18 EXHIBIT A , A dfwsfanofthe Parks & Recreation 1 FISHING FOR ROCK GRotot RISSTANNOIT 'FORFFIRs' tr. —IR" MR' McGS.INAtki [ACTIUM; •FORM RKFFRGORIS .44KTIIRSISKSTISCOMS: 003160 I1/4 I -WNW& PACIOFIS sTRTO0E-TIIINART FOORFINOOOGICS VITH.PORVICKIT —99-. 19 EXHIBIT B SE1 CO PCNVY GALVANISED sprat. P th rawrr2 w S alai!** tar er R4nr OS strew flu. Asp or INS* Nrlal riot Nq kYC'q N 0.01/44 44,1,4% POINT .S'kattI iNtN0 .coaaaarper POT• Alit= K SSOi7 Lg SET NAIL 6 DISK SaT NSIL 6 OI coop�g S ! q yeg0 !l4.y 1. Mevrall 0. WNW. Lastalorad PrirmbW Lewd as Teter. anhly that OM 'lll .fw6a sort WAN r+ a r Ir.feref fres a •Yr1 - Nte.�_w Ilse 1w� eater COPr arta tom. Talc lla ''lr'.. f MMC.0 2.61 lli—ru1L..*Taxi; Stats t '0; Tran LIe. L 41 sot m .ns a® seaeowleseawIla ndsl® 8027!rll'Ant COOPERS ALLEY L -HEAD FUEL STATION LEASE Orr. CITY Cr COBRA O.ACSTL SNB BEM A rnwr Or LAW OMAJN(NO 4067 AOir.! 04948 SO ST) WT Or m r COMM LOOS= A10° PE S0110T OrCOMM DMts%L METAS IQOI M TIE =i9: AWAY L4640 CUT}r of CC$PLJS CHflSTI, TEXAS DMLs-t a* Ot 11**0 Sr iOa! Debt 017401I-SOSAMMW By BM ...-.. Men SY MB** DOW acre AMY 4.411M AM ammaaaraamalaa i Mlr.fuev -100- 20 EXHIBIT C HURRICANE PREPAREDNESS PLAN This Hurricane/Emergency Action Plan (hereafter Plan) for Fuel Station Facility operated by Sundance Fuels, "Ltd." (hereafter Sundance) property and facility has been developed with the coordination and approval of the Emergency Management Office and the Marina and Police Departments of the City of Corpus Christi. It is current for the hurricane season and thereafter until replaced, rescinded or amended. This Plan will be reviewed by the Marina Superintendent and from on an annual basis prior to June 1st and any updates, corrections and/or revisions will be forwarded to the Emergency Management Office by that date. FUEL STATION: / , Owner's Name: '/ cat �� L'�t . Ofc.Tel. #: 9 a. 3571 • e(& 65 Main Ofc.Tel.#: %O/. 7 • % Fax: 2./• 353• $' in - Res.: 2M • (Iwo [E7,6v3 Mobile: f3e, tete.. 'erste Manager (1 Name: 4• Ofc.Tel. #: 201. 94900 Main Ofc.Tel.#: w/ ;f5.9605 Fax:f.8S3.'{t Res.: qv.7 I'tf13 Mobile: la- ;So. 'rill - Manager 2� ):. t ' r Name: C�p�t {� Ofc.Tel. #: Main Ofc.Tel.#: P. /W. 0743 Fax: f2. 5`b Res.: Mobile: NT- 051. f&0 CORPUS CHRISTI MARINA KEY PERSONNEL - Office: 826-3980 (24 hours) Cell: 813- 0557 Peter Davidson, Marina Superintendent, Mobile: 537-2463; Radio #898; Office: 826-3980 -101- Rene Garza, Marina Supervisor, Mobile: 215-7690; Radio #897 Office: 826-3980 GOVERNMENT OFFICES Police Department 886-2600 Fire Department 826-3900 Emergency Operating Center 826-1100 Emergency Management Office ... 826-1100 GENERAL PROVISIONS National Weather Service Recorded Forecast Office Parks & Recreation Office 289-1861 289-0959 826-3461 21 1. The order to implement the Plan may be issued by the Mayor, City Manager, Emergency Management Coordinator, Marina Director or Marina Superintendent. 2. It shall be the sole responsibility of Sundance to remove from the premises all equipment, inventory, fuel, fuel tanks, fuel pumps and related equipment, furniture, materials, supplies, all portable units/buildings and to secure the facilities. 3. It shall be the sole responsibility of Sundance to insure no pollutants enter the waters of the Marina from any operation owned/operated by Sundance i.e., fueling operations, garbage, materials, grease traps, etc. 4. All owners/operators, managers, employees will be required to evacuate the Marina Complex when conditions threaten human safety as determined by the Police Chief or Marina Superintendent. The Marina Staff will secure the Marina Complex and ensure all persons are notified of the danger. 5. The Marina Office has issued Emergency Passes to key Sundance employees. Access to the Marina Complex will be restricted to persons presenting evidence of tenancy issued by the Corpus Christi Municipal Marina (i.e. a copy of the Use Permit document or a Marina Emergency Pass). INCREASED READINESS ACTIONS FOR VARIOUS CONDITIONS This Plan is framed around four "conditions" which represent varying degrees of threatened emergencies and is based on the action to be taken as these conditions are known to develop through information received from the National Weather Service or any other sources. These conditions are as follows: CONDITION NUMBER 4 - Beginning of Disaster Vulnerability Season - This condition will be used by emergency services personnel to refer to a situation which causes a higher degree of disaster possibility than is normally present. This condition will automatically go into effect upon such occurrences as the beginning of the Hurricane Season (June 1st each year, remaining in effect through November 30th each year); or other general conditions; such as fire threat, due to severe drought. —102— CITY ACTION: The City will initiate general increased readiness activities, submit all updated Plans and utilize the media and other sources to recommend various protective actions to the public. FUEL STATION ACTION: Sd llM, �syvi of 644510Stet %e/5 will review the Plan and provide updat d information for the Plan to the Marina Superintendent no later than June 1st. Gw 41 will prepare a contingency plan for (1) disconnecting power and/or utility services from all portable building(s); (2) removing all portable building(s) from the premises; (3) removing all fuel, fuel tanks and related equipment; (4) removing objects from outside the fuel facility; and (4) otherwise securing the premises. CONDITION NUMBER 3 - Situations Exist that Could Develop Into Hazardous Condition - This condition will be declared by the City Manager or Emergency Management Coordinator to identify a situation which presents a greater potential threat than "CONDITION 4" but no immediate threat to life or property. This condition might be generated by such events as a hurricane watch, tornado watch, severe thunderstorm watch, or presence of hazardous material in transit through the city by rail, truck or other means. One such situation when Condition 3 will be declared is when the course of a hurricane has been established and the National Weather Service predicts a likely landfall within thirty-six hours and/or within one hundred miles of the City of Corpus Christi. CITY ACTION: The Marina Superintendent or his designee will: Advise Phrt 4l,/r+� of any changes in Condition as advisories or declarations are received. Advise �%%kk s414'A( IF and WHEN information is received on utility shut offs. The retail electric provider secures their service when they determine it is in jeopardy without notice to the Marina. The Marina may shut off power if high waters make conditions dangerous. initiate/continue removal of watercraft from the Marina Complex until it is determined the operation is unsafe due to weather/road/equipment conditions. Marina rescue boats will be hauled out prior to cessation of haul out operations. relocate essential City records, tools, equipment and supplies to a safe location. ensure all loose items in Marina are secured. FUEL STATION ACTION: Cease all normal operations of the fuel station and/or gift shop and begin securing the facilities. —103— CITY OF CORPUS CHRISTI FINANCE DEPARTMENT / PURCHASING DIVISION MINORITY BUSINESS ENTERPRISE INFORMATION FORM THIS FORM MUST BE SUBMITTED ALONG WITH PROPOSAL PLEASE INDICATE WHETHER THE COMPANY IS A CERTIFIED MINORITY BUSINESS. EXAMPLES OF CERTIFICATIONS RECOGNIZED BY THE CITY INCLUDE: ❑ YES ►.1 NO - CERTIFIED HISTORICALLY UNDERUTILIZED BUSINESS (HUB) Select .11 .t are appropriate: ASIAN PACIFIC ❑ BLACK ❑ HISPANIC ❑ NATIVE AMERICAN ❑ WOMAN Please visit the following website for information on becoming a Certified HUB: htto://www.window.state.tx.us/procurement/Droa/hub/ ❑ YES INO - LOCAL SMALL BUSINESS (LSB) A for-profit entity employing less than 49 employees located within the City limits of Corpus Christi, Texas DYES ❑ NO OTHER (PLEASE SPECIFY): THIS COMPANY IS NOT A CERTIFIED HUB or LSB THE ABOVE MINORITY BUSINESS INFORMATION IS REQUESTED FOR STATISTICAL AND TRACKING PURPOSES AND WILL NOT INFLUENCE THE AMOUNT OF EXPENDITURES THE CITY WILL MAKE WITH ANY GIVEN COMPANY. BID INVITATION NO: BI- - Firm Name: cen1444 et 48 4( Lit' . Address: City: t167-& t /44y1A, Telephone: ?j/ - T6 f Ext. Fax: 6t 2t n i State: % J( Zip: /1573 E-mail: Signature of Signer's Name: (P ease print o Pe —104- 26 V/ ?%3- /frgz Date: Title: SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or fines 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". See reverse side for definitions. COMPANY NAME: � CiAtiSf /l. P. O. BOX: PM r STREET ADDRESS: 145 -Vo 4 l/_ _ _ _/_ , CITY: SAn z>P: ,?737, FIRM IS: 1. Corporation 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 in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "finn." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3°/y 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." , ik Name Consultant CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: day 0a/ray/ Title: /te -/(Type or Print) -105- 27 Signature of Certifying Person: S:4 Date: ,r/�j,4 -106- 28 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. `Employee." Any person employed by the City of' Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. d. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." £ "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation 29 —107— EXHIBIT D Sundance must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Sundance must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. Sundance must furnish to the City's Risk Manager or designee, 2 copies of Certificates of Insurance, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured on the General liability policy, and a waiver of subrogation in favor of the City is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation is required on all certificates or by endorsement of the policies Bodily Injury and Property Damage Per occurrence - aggregate Marina Operators' Liability coverage including: 1. Premises Liability — Broad Form CGL 2. Products/ Completed Operations 3. Contractual Liability 4. Fire Legal Liability 6. Personal & Advertising Injury $1,000,000 Combined Single Limit Business Auto Liability 1. Owned vehicles 2. Hired & non -owned vehicles 3. MCS -90 endorsement for Fuel truck $1,000,000 Combined Single Limit Environmental Impairment Liability to include: Broad Form Pollution Liability Coverage Third Party Clean up (AST/ UST coverage) $1,000,000 per claim Worker's Compensation Employers' Liability Which Complies with the Texas Workers' Compensation Act and Section II of this Exhibit $500,000/ $500,000 / $500,000 Property Insurance Proposer will be responsible for their insurable interest in their property and any and all damage to equipment used regardless if owned, rented, leased or borrowed. 30 —108— In the event of accidents of any kind, Sundance must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Sundance must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. Sundance's financial integrity is of interest to the City; therefore, subject to Sundance's right to maintain reasonable deductibles in such amounts as are approved by the City, Sundance shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Sundance's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Sundance shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Sundance shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # Sundance agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and —1319— • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Sundance shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Sundance's performance should there be a Lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. In addition to any other remedies the City may have upon Sundance's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Sundance to stop work hereunder, and/or withhold any payment(s) which become due to Sundance hereunder until Sundance demonstrates compliance with the requirements hereof. Nothing herein contained shall be construed as limiting in any way the extent to which Sundance may be held responsible for payments of damages to persons or property resulting from Sundance's or its subcontractors' performance of the work covered under this agreement. It is agreed that Sundance's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 32 —110— In the event of accidents of any kind, Sundance must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Sundance must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. Sundance's financial integrity is of interest to the City; therefore, subject to Sundance's right to maintain reasonable deductibles in such amounts as are approved by the City, Sundance shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Sundance's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Sundance shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Sundance shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # Sundance agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Sundance shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Sundance's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. In addition to any other remedies the City may have upon Sundance's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Sundance to stop work hereunder, and/or withhold any payment(s) which become due to Sundance hereunder until Sundance demonstrates compliance with the requirements hereof. Nothing herein contained shall be construed as limiting in any way the extent to which Sundance may be held responsible for payments of damages to persons or property resulting from Sundance's or its subcontractors' performance of the work covered under this agreement. It is agreed that Sundance's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. -13F2- EXHIBIT E Scope of Work (1) Sundance shall provide the required labor, material and equipment in order to install one (1) 13,000 Gallon, UL2085; Double -Wall Above Ground Storage Tank (Split 10, 000 for diesel fuel and 3,000 for unleaded fuel) with Triple -Layered Marine Grade Paint on the existing concrete pad. The scope of work includes extension of the existing concrete pad, removal of existing dispenser concrete pad, installation of new dispenser concrete pad, new tank, tank hardware, stainless steel valves, accessories, vents, product piping, fill piping, stainless steel remote fill containments and installation labor. (2) Sundance shall provide the required labor, material and equipment in order to install two (2) PMC FH -510 35 -GPM Marine Fuelhouse Retail Dispenser (1 for unleaded and 1 for diesel) and one (1) PMC FH -515 60 GPM Marine Fuelhouse Retail Dispenser for High Volume Diesel. The scope of work for this phase includes the new dispensers, piping, hardware, valves, fittings, electrical and installation labor. The PMC Fuelhouse Dispensers include Stainless Steel Cabinet, Stainless Steel Hose Reel w/Power Rewind, Backlit Retail LCD Display w/Money/Gallons/PPU, Internal LC M5 Meter, Electronic Pulse Output to Fuel Controller, Internal Filtration, 1" x 50' Hose for Unleaded & Low -Volume Diesel, 1 Y:" x 50' Hose for High Volume Diesel, Hose Swivels, Nozzles, Grounding and Product/Safety/Operation Decals. (3) Sundance shall provide the required labor, material and equipment to install one (1) Veeder-Root TL300 Automatic Tank Gauge System. The scope of work and pricing for this phase of the project includes the Tank Gauge, two (2) In -Tank Inventory Probes, one (1) Tank Interstitial Sensor, one (1) Audible/Visual Tank Overfill Alarm, electrical and installation labor. The Tank Gauge includes LCD Display, Thermal Printer and Keyboard. (4) Sundance shall provide the required labor, material and equipment in order to install one (1) Fuel Master Fuel Management System. The scope of work includes completing the Fuel Master Interface to the new dispensers, electrical, installation labor and verification of the proper communication and operation of the system. Fuel Master System includes FMU-2500 Island Mag -Stripe Card Reader, LCD Display, Thermal Receipt Printer, Pump Control Module, Fuel Master Software & Factory -Direct Training. (5) Sundance shall provide the required labor, material and equipment in order to install the required electrical for the new Tank, Dispensers, Automatic Tank Gauge and Fuel Master System. The scope of work includes new conduit, wire, circuit breakers, circuit breaker panel, emergency shut-off and NEMA -4 Enclosure required to be added to the electrical system in order to bring the system in to compliance with current regulations within the City of Corpus Christi. (6) The factory -trained and certified technicians will complete the installation of all equipment, complete all required testing of the tanks and piping, complete the purging and calibration of the suction pumps and tank gauge, verify the proper operation and communication of the complete system, provide up to 4 -hours of on-site training and complete all registration, placed -in-service, testing and warranty documentation. All documentation will be submitted to the appropriate agencies and copies will be provided to the customer. All non -stainless steel piping, valves, fittings, hardware and protective bollards will be painted using the industry specified Marine Environmental 3 -Coat System. (7) Sundance shall provide all required electrical improvements necessary to operate the marine fuel station including but not limited to new wire and electrical termination based upon the use of the existing conduit, circuit breakers and circuit breaker panels other than what is needed to complete the electrical; connection to the Tank, dispensers, Fuel Mast, Veeder-Root and required NEMA -4 Enclosure. (8) All work will be completed in accordance with the rules and regulations as set forth by Local Authorities Having Jurisdiction as well as the Environmental Protection Agency, National Electric Code, International Fire Code, National Fire Protection Association and the individual equipment manufacturer specifications. EXHIBIT F STATEMENT OF GROSS REVENUES -1t3155- ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A FIVE-YEAR USE PERMIT WITH SUNDANCE FUELS, LTD. FOR THE USE OF COOPER'S ALLEY L -HEAD FOR THE PURPOSE OF OPERATING A MARINE FUEL STATION FOR MONTHLY RENTAL PAYMENTS OF $200.00; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a five-year use permit with Sundance Fuels, Ltd. for the use of Cooper's Alley L -Head for the purpose of operating a Marine Fuel Station for monthly rental payment of $200.00. A copy of the agreement shall be filed with the City Secretary. 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 the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Legal form approved June 8, 2011 By: q`°a/ Lisa Aguilar, Ass nt City Attorney for City Attorney Joe Adame Mayor —116— Corpus Christi, Texas Day of , 2011 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 Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong —117— 9 J City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of July 12, 2011 DATE: July 12, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichae l M oacctexas. co m 361-826-3494 TOPIC: Texas General Land Office Beach Cleaning and Maintenance Assistance Program PURPOSE Resolution authorizing the City Manager or designee to execute all documents necessary, including application, to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2011-2012 under the Texas General Land Office's cleaning and maintenance assistance program. BACKGROUND AND FINDINGS: The Beach Maintenance Fund Program reimburses cities and counties by a formula that distributes a finite budget. Of that budget the General Land Office is authorized to take up to ten percent for administrative costs. The principal portion of the beach maintenance appropriations, presently is distributed among the twelve communities that contain public beaches within their jurisdiction and have made application for funding. ALTERNATIVES: Do not apply for maintenance funding OTHER CONSIDERATIONS: Cities which qualify for eligibility under the Natural Resources Code, may receive up to, but no greater than two-thirds reimbursement for eligible expenses incurred in cleaning and maintaining the beaches; however, actual state appropriations have always limited this reimbursement to the range of 10 to 20 percent of actual local costs. FINANCIAL IMPACT: o Not Applicable ❑ Operating Expense X Revenue ❑ CIP Fiscal Year: 2010-2011 Project to date exp (CIP Only) Current Year Future Years TOTALS Budget n/a 0 0 Encumbered/Expended Amt. n/a 0 0 This item n/a $45,000 $45,000 Balance: n/a $45,000 $45,000 —121— Page 2 of 2 FUND(S): The FY12 revenue estimate for GLO Reimbursement of $45,000 is lower than actual revenue received during FY11. The Texas General Land Office notified participants that reimbursement would be lower during the FY11-12 funding year. RECOMMENDATION: Staff recommends the City Council authorize the application for continued financial assistance through the Texas General Land Office for beach cleaning, life guarding, and police patrols at North Padre and Mustang Islands and to execute all necessary documents in connection with the reimbursement application. CONFORMITY TO CITY POLICY: The City Council must pass a resolution for the General Land Office to submit the annual grant application EMERGENCY/NON-EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal. Finance —Accounting and Office of Management and Budget. LIST OF SUPPORTING DOCUMENTS: none Cc: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager City Manager's Use Only o Consent o Regular o Public Hearing —1 2 2— Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY, INCLUDING APPLICATION, TO REQUEST CONTINUED FINANCIAL ASSISTANCE FOR BEACH CLEANING AND MAINTENANCE ON NORTH PADRE ISLAND AND MUSTANG ISLAND DURING FY 2011-2012 UNDER THE TEXAS GENERAL LAND OFFICE'S CLEANING AND MAINTENANCE ASSISTANCE PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to apply for continued financial assistance for cleaning and maintaining beaches under the City's jurisdiction on North Padre Island and Mustang Island during FY 2011-2012 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: Armando Chapa City Secretary APPROVED: , 2011 c 1 t Lisa Aguilaf Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor —123— Page 2 of 2 Corpus Christi, Texas of 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott —124— 10 City of Corpus _ Christi AGENDA MEMORANDUM for the City Council Meeting of July 12, 2011 DATE: July 12, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo cctexas.Com 361-826-3494 TOPIC: Community Enrichment Fund (4720) appropriation for park improvements PURPOSE Ordinance appropriating $ 54,309.99 in developer contributions and $ 1,679.64 in interest earnings for a sum of $ 55,989.63 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects; and declaring an emergency. BACKGROUND AND FINDINGS: The Platting Ordinance provides that, should the City accept fee in lieu of land or park development fees, the fees shall be used for the acquisition or improvement of parks most likely to serve the residents of the subdivision. The park most likely to serve a subdivision shall in no case be located more than one and one-half miles from the subdivision, taking into consideration factors such as the proximity of major barriers to accessibility including freeways, navigable streams and bodies of water. Community Enrichment Funds shall be used only for parkland acquisition, park development and park improvements including utility extensions required to serve recreational areas ALTERNATIVES: Do not collect fees in lieu of land or park development fees for the acquisition or improvement of parks. OTHER CONSIDERATIONS: none FINANCIAL IMPACT: o Not Applicable o Operating Expense X Revenue ❑ CIP Fiscal Year: 2010-2011 Project to date exp (CIP Only) Current Year Future Years TOTALS Budget n/a 0 0 Encumbered/Expended Amt. n/a 0 0 This item n/a $55,989.63 $55,989.63 Balance: n/a $55,989.63 $55,989.63 -127- City of Corpus Christi, Texas For the 10 month(s) ended May 31, 2011 Fund: 4720 -Community Enrichment Fund 4720 un -appropriated Acct # Org. Account Description as of 6/16/11 330003 21300 Developer Fee - interest 330005 21300 Park trust-unrestrict interest 330395 21371 Gateway interest 330405 21357 HEB Park pool & tennis interes 330435 21502 Beautification prom. interest 330555 21507 Ed exchg prg-Sister City int. 330635 21511 Permanent art trust interest INTEREST 330002 21300 Park Development Fee 330131 21346 Waldron Park 330200 21433 Sunrise Shores 330200 21638 Meadow Park Addition 330200 21667 Vista Hermosa 330200 21634 Summer Wind Village Ph 1 330200 21626 Hollywood Terrace, BIk2, Lt4A 330202 21327 Tuscan Place 330842 21529 Tropic Park 113.61 1,387.11 14.31 2.95 15.11 1.05 145.50 1,679.64 41,800.00 491.67 2,160.00 370.64 525.92 4,350.00 511.76 500.00 3,600.00 CONTRIBUTION 54,309.99 TOTAL INT / CONTRB 55,989.63 -128- Page 1 of 2 AN ORDINANCE APPROPRIATING $ 54,309.99 IN DEVELOPER CONTRIBUTIONS AND $ 1,679.64 IN INTEREST EARNINGS FOR A SUM OF $ 55,989.63 IN THE NO. 4720 COMMUNITY ENRICHMENT FUND FOR PARK IMPROVEMENTS, AND OTHER RELATED PROJECTS; AND DECLARING AN EMERGENCY. Whereas, City of Corpus Christi Ordinance provides that should the City accept fees in lieu of land for park dedication, the fees shall be placed in the City's Community Enrichment Fund for the acquisition or improvement of parks most likely to serve the residents of the subdivision, which shall in no case be located more than one and one- half miles from the subdivision, and for the parkland acquisition and park development including utility extensions required to serve recreational areas; Whereas, City Ordinance provides that park development fees may be used only for development of a public recreational area that will serve the subdivision consistent with the Parks, Recreation and Open Space Master Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $54,309.99 in developer contributions and $ 1,679.64 in interest earnings for a sum of $55,989.63 in the No. 4720 Community Enrichment Fund is appropriated for park improvements and other related projects. SECTION 2 That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the _ day of July, 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form:cIr4l , 2011 By: Lisa( � Lisaa Aguilar Assistant City Attorney For City Attorney ORD-Approp-Comm Enrich -Parks -2011 —129— Page 2 of 2 Corpus Christi, Texas Day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: 1/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott ORD-Approp-CommEnrich-Parks-2011 —130— 11 City of Corpus Chnsti AGENDA MEMORANDUM for the City Council Meeting of July 12, 2011 DATE: July 12, 2011 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Interim Director of Financial Services constancep@cctexas.com (361) 826-3227 Approval authorizing the resale of five (5) foreclosed properties by the Nueces County Judge. PURPOSE: Ordinance authorizing the resale of five (5) properties for $14,500.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $785.60, plus $2,661.64 for partial payment of City paving and demolition liens; and declaring an emergency. BACKGROUND AND FINDINGS: Properties within the City of Corpus Christi are periodically foreclosed due to non-payment of ad valorem taxes. The City and Nueces County entered into an Interlocal Agreement for the collection of delinquent ad valorem taxes. Nueces County has contracted with the law firm of Linebarger, Goggan, Blair, & Sampson, L.L.P. to pursue collections of delinquent ad valorem taxes. When all avenues for collections are exhausted, foreclosed properties with delinquent ad valorem taxes are offered for sale at a public auction by the Sheriff. The opening bid at the "Sheriffs sale" is set by law and must be either the aggregate amount of taxes, municipal liens, and court costs due under the judgment or the adjudged value of the property, whichever is lower. (The adjudged value is the value stated on the face of the judgment and is the most recent tax appraisal value certified by the Nueces County Appraisal District.) If nobody is willing to pay the opening bid amount for the property, then the Sheriff strikes it off (sells it) to the taxing entities. The taxing entities then get the property in lieu of their delinquent taxes. The law firm will then put the property on their tax resale list, will nail a "For Sale" sign on the property, and will solicit purchase offers from the public. When an offer or offers are received, they then bring the highest offer forward for consideration and action by the governing bodies of the involved taxing entities. All the entities must approve the offer, or it is rejected. The law firm has proposed the resale of five (5) properties at the bid prices listed in Exhibit A. The monies received from this sale are distributed pursuant to the property tax code. The net proceeds from the sale are first applied to pay off the outstanding court costs and the remaining funds are applied on a pro rata basis to each taxing jurisdiction. —133— Approval of the ordinance will authorize the Nueces County Judge to execute a Resale Deed for the properties listed so they can be returned to the property tax roll for the upcoming year. ALTERNATIVES: n/a OTHER CONSIDERATIONS: Each of the five (5) properties has been reviewed by Neighborhood Services, Engineering Services, and Parks and Recreation for potential City use. None were selected for City use. It should be noted that had any properties been identified for City use, then the City would have asked the law firm to remove the property from the list of properties to sell. This would impact the City (and the other taxing entities) in that the property would not be placed back on the tax roll to generate ad valorem taxes in the future. FINANCIAL IMPACT: o Not Applicable ❑ Operating Expense x Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered/Expended amount of (date) - - - - This item - $ 3,447.24 - $ 3,447.24 BALANCE - $ 3,447.24 - $ 3,447.24 FUND(S): 1020 "General Fund" COMMENTS: The City of Corpus Christi is expected to receive a total of $785.60 from the sale, plus $2,661.64 for partial payment of City paving and demolition liens, for a total of $3,447.24. Additionally, as much as $44,519.00 of taxable property value will be added to the tax rolls upon approval of the ordinance. RECOMMENDATION: Staff recommends that City Council approve the proposed Ordinance in order to place the properties back on the tax roll. CONFORMITY TO CITY POLICY: This item conforms to City policy and is routine in nature. -134- EMERGENCY/NON-EMERGENCY: This item requires one reading and according to Article II, Section 14 of the City Charter is classified as an "emergency" because it calls for an "immediate action necessary for the efficient and effective administration of the city's affairs." Passing this ordinance in one reading enables the law firm to proceed with the sale of these properties in a timely manner — placing the properties back on the tax roll. DEPARTMENTAL CLEARANCES: • Engineering Services • Neighborhood Services • Parks and Recreation LIST OF SUPPORTING DOCUMENTS: Exhibit A: Tax Resale Property List Ordinance cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager —135— IUTAIWINI~ J CA 01 0' LA N A 0" e 0 O 0 O 0 O n O 00 O O O 00 W z C R er O1 O 0 0 00 O 00 n N r O em 0 O A.-.� w00 W W Q CA CA— o w 0 0 0 0 O o 0 0 O N N O O O O O O O N W Ili 0 0 0 O O O O O O O O O O M 27 x N 7 27 n n X X X 4 n c o N 15 o p' a n > to 5 04 • ay _.y aa0 o• �a. O O toz N 69 W v N N 4 l O In O CD 0 0 0 0 0 0 0 0 0 0 O O O O O 69 A 00 O J \O J O o 00 O O A 00 00 69 0o A w O O CNLA 00 0 co o, Io O O Io o\ on n • 04 3 m o 00 e -136— ORDINANCE AUTHORIZING THE RESALE OF FIVE (5) PROPERTIES FOR $14,500.00 WHICH WERE FORECLOSED UPON FOR FAILURE TO PAY AD VALOREM TAXES, OF WHICH THE CITY SHALL RECEIVE $785.60, PLUS $2,661.64 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 five (5) properties listed on the attached and incorporated Exhibit A for $14,500.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $785.60 plus $2,661.64 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 , 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: June 23, 2011 By: G\D.,v'=L wJ Lisa Aguilassistant City Attorney for City Attorney —137— 12 CoCity of rpus Christi AGENDA MEMORANDUM for the City Council Meeting of July 12, 2011 DATE: June 22, 2011 TO: FROM: Ronald L. Olson, City Manager Rick Stryker, Director of Museum of Science and History ricks@cctexas.com (361) 826-4660 Amendment to the Interagency Cooperation Contract with the Texas Historical -Commission — Approval of second amendment and appropriation of funds PURPOSE: A. A resolution authorizing the City Manager or designee to execute 2nd amendment to the Interagency Cooperation Contract with the Texas Historical Commission ("THC"), which extends the term of the contract through August 31, 2012, and increases the amount of funding provided by the THC by $42,106 ($35,000 of which is contingent upon future funding by the Texas Legislature). B. Ordinance appropriating $42,106 from the Texas Historical Commission ($35,000 of which is contingent upon future funding by the Texas Legislature) in the No. 1069 Museum Grants Fund for the complete reinventory of the La Belle artifact collection held at the Corpus Christi Museum of Science and History; and declaring an emergency. BACKGROUND AND FINDINGS: The Corpus Christi Museum of Science and History ("Museum") is the marine archeological repository for the State of Texas including La Belle, one of the ships used by La Salle in the French attempt to establish a colony near Matagorda Bay in 1685. The artifacts recovered in the excavation of La Belle in 1996-97 have been conserved at the Conservation Research Laboratory at Texas A&M University and transferred to the Museum's repository. A methodical and comprehensive reinventory is needed to provide a complete and accurate count of the artifacts in database format. The Museum entered into a contract with the Texas Historical Commission ("THC") that provided for a methodical and comprehensive reinventory of the La Belle artifact collection held at the Museum. This 2nd amendment extends the term of the contract, as previously amended, and increases the funding provided by the THC to the Museum. ALTERNATIVES: Continue contract without 2nd amendment; Compete with other organizations for corporate contributions equivalent to amount of funding. —141— FINANCIAL IMPACT: o Not Applicable o Operating Expense X Revenue ❑ CIP FISCAL YEAR: 2011.2012 Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 0 Encumbered / Expended Amt. as of June 24, 2011 0 This item $42,106 BALANCE $42,106 FUND(S): General Fund RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for amendment of contract and appropriation of funds. EMERGENCY / NON -EMERGENCY: Item requires two readings. DEPARTMENTAL CLEARANCES: Legal Finance LIST OF SUPPORTING DOCUMENTS: Amendment Resolution/Ordinance Cc: Brian Narvaez, Assistant City Attorney Constance Sanchez, Interim Director of Finance Eddie Houlihan, Assistant Director Management and Budget Rudy D. Garza, Interim Assistant City Manager Citv Manager's Use Only ❑ Consent o Regular ❑ Public Hearing —142— TEXAS HISTORICAL COMMISSION real places telling real stories 2nd AMENDMENT 11:XAS HISTORICAL COMMISSION CONTRACT FOR SERVICES 808-10-0018 Pursuant to Section VI, Term of Contract, which reads, This contract shall begin The parties may modi,6 this contract by mutual written agreement. This contract may be extended for up to oneyear at the option of the Texas Historical Commission. This is the second amendment to contract #808-10-0018 between Corpus Christi Museum of Science and History and the Texas Historical Commission (attached hereto as Exhibit A). This amendment extends the term of the contract for an additional year, it increases the contract amount from $50,000 to $92,106 ($35,000 of which is contingent upon future funding to the THC for the 2012-2013 biennium by the Texas Legislature), and the amendment adds a new section to the contract (VIII. FUNDING) regarding funding. All other conditions of the original contract will apply except for the amendments as follows: IV. AMOUNT OF THE CONTRACT The total amount of this Contract will not exceed $92,106 (NINETY-TWO THOUSAND AND ONE HUNDRED AND SIX DOLLARS AND NO/100). VI. TERM OF CONTRACT: This contract shall begin on January 1.2010 after being signed by Receiving Agency, after first having been signed by Performing Agency, and will terminate on August 31, 2012. Upon 30 days prior notice, Receiving Agency may elect to cancel this contract at any time The parties may modify this contract by mutual written agreement. This contract may be extended for up to one year at the option of the Texas Historical Commission. VIII. FUNDING: The Parties acknowledge and agree that nothing in this agreement will be interpreted to create a future obligation or liability in excess of the funds currently appropriated to the agency by the Legislature of the State of Texas. In the event appropriated funds are not available to continue payments for work under this contract, the THC shall notify the Contractor as soon as reasonably possible, and THC may terminate the contract at that time or such other date as loss of appropriated funds may require. To the extent funds are available the Contractor shall be paid for work completed prior to the date of notice of termination. The THC shall not be liable for any damages or any other amounts which are caused by or associated with such termination. THE UNDERSIGNED PARTIES BIND THEMSELVES TO THE FAITHFUL PERFORMANCE OF THIS CONTRACT. Contractor Ronald L. Olson, City Manager Texas Historical Commiss n CAA Executive Director Date Datefrail ( RICK PERRY, GOVERNOR ° JON T. HANSEN, CH-IIIMMAN ° MARK WOLFE, EXECUTIVE DIRECTOR P.O. BOX 12276 • AUSTIN, TEXAS ° 78711-2276 ° P 512.463.6100 ° F 512.475.4872 • TDD 1.800.735.2989 • www.thc.state.tx.us t CONCUR: Rick Stryker, Director Corpus Christi Museum of Science and History APPROVED AS TO FORM Thrash ant Attorney General Page 2 of 2 808-10-018 Amendment #2 Corpus Christi City Attorney DATE: S/6DA1E: —144— ATTACHMENT -145- EXI IIBIT A Statement of Services to be Performed The Performing Agency shall perform those services as outlined below. SUS -111-0(118 Rig( 4 of .4 1. Re -inventory collections held at CCM. Based on an updated specimen inventory provided by the THC, a methodical and comprehensive re -invent -07'o( the collections held at CCM is expected that will provide a complete and accurate count of the artifacts in database format. This entails ensuring that each artifact(s) held in the collection correlates with an artifact(s) described in the database. Additionally, counts provided in the existing databases are to be checked against the actual number of artifacts maintained in the collections. This may involve the splitting of groups of artifacts held in common bags into individual items as necessary. If discrepancies are noted in the course of the re -inventory a record will be made using standardized forms provided by the THC. If the problem cannot be resolved by the Performing Agency a record is requested and the issue will be resolved in collaboration with THC personnel. 2. Replace existing artifact tags with tags provided by THC. These tags are to be placed with their accompanying artifact(s) and enclosed within a sealable 2 -mil poly- bag (to be provided by THC). 3. Repackage artifacts as necessary. This entails placing artifacts in appropriate acid -free containers or 4 -mill poly -bags within the appropriate cabinets. 4. Label all pertinent artifacts using the following general parameters and record in provided database the labeling status of artifacts within the collection. All artifacts larger than a quarter and not made of wood or other easily damaged material (i.e. textiles or organic samples) should be labeled using acid free archival ink (black or white as appropriate) placed between layers of acryloid B-72 or printed archival labels applied between layer's of acryloid B-72. Labels should include the site trinomial (41MG86) and the full Artifact Identification number; if necessary, only the artifact identification number may be applied. Example: 41MG86 778-1.7 5. Identify objects in need of conservation treatment. During the course of the re -inventory, condition reports should be prepared for artifacts appearing to be in need of conservation treatment. 6. Update a copy of the provided database with correct information regularly, throughout the course of work. 7. Provide monthly progress reports consisting of the updated database file and copies of condition reports including photographs of artifacts that appear to be in need of conservation treatment. —146— 808-10.01.18 1' .itg 2 of -I VI. 'Term of Contract: This contract shall begin on January 1, 2010, after being signed by Receiving Agency, after fust having been signed by Performing Agency, and will terminate on December 31 2010. Upon 30 daps prior notice, Receiving Agency may elect to cancel this contract at any time, The parties may modify this contract by mutual written agreement. This contract may be extended for up to one year at the option of the Texas Historical Commission. VII. Nondisclosure Agreement It is agreed by both parties to this Agreement that any confidentiality limitations are subject to the Public Information Act under Texas Government Code Chp. 552. Because of the nature of the archaeological information about specific site locations that the Performing Agency may obtain, including all information gathered, produced, derived, reviewed, analyzed, or controlled by Performing Agency in providing services under this Contract, the Performing Agency agrees that it will not divulge any information unless the Receiving Agency has given its express, prior, written consent to such disclosure, which consent must specifically identify the information that can be disclosed by the Performing Agency. The Performing Agency acknowledges that it is entering into a Nondisclosure Agreement with the Receiving Agency, and the Performing Agency further acknowledges the restrictions and obligations imposed there under. The foregoing shall not prohibit or limit Performing Agency's use of information (mcluding, but not limited to, ideas, concepts, know-how, techniques, methodologies, conservation methodologies, and analyses) (a) previously known to it, (b) independently developed by it, or acquired by it from a third party, or (d) that is or becomes part of the public domain through no breach by the Performing Agency of this Agreement. All records, files, color slides, negatives, digital images, computer files, and reports will be turned over to the Texas Historical Commission. The Performing Agency is authorized to make duplicate copies of relevant slides, negatives, reports, and computer files for educational purposes. THE UNDERSIGNED CONTRACTING PARTIES do hereby certify that, (1) the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the effected agencies of State Government; (2) the proposed arrangements serve the interest of efficient and economical administration of State Government; and (3) the services, supplies, or materials contracted for are not required by Section 21 of Article 16 of the Texas Constitution to be supplied under contract given to the lowest responsible bidder. —147— Contract Amendment 808-114 00 (Page 4 of 4 9. Create drawings and illustrations for the aforementioned chapters. 10. Edit all chapters for the La Belle technical volume, making notes for the authors. 11. Directly supervise volunteers who are assisting in the re -labelling and re -bagging process. 12. Communicate with members of the public about the La Belle collection at the Corpus Christi Museum, answering public inquiries regarding items. 13. $2,500 of the budget is set aside for travel to Austin when needed. 14. Provide monthly progress reports consisting of the updated database file and copies of condition reports including photographs of artifacts that appear to be in need of conservation treatment. —148— Contract Amendment 808-10-0018 Page 2of4 THE UNDERSIGNED PARTIES BIND THEMSELVES TO THE FAITHFUL PERFORMANCE OF THIS CONTRACT. Contractor Anritesal— R. Escobar City Manager Date CONCUR: Rick Stryker, Director Corpus Christi Museum of Science and History //o Texas Historical Commission Executive Director APPROVED AS TO FORM aJe Thrash thQ A s' tant Attorney General DATE: /0 DATE: 6//P//0 ees.gaS(1`-3 AUT URUEP aY COUNCIL ©8,�3(4/n —149— SECRETARY iS)' A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE 2ND AMENDMENT TO THE INTERAGENCY COOPERATION CONTRACT WITH THE TEXAS HISTORICAL COMMISSION ("THC"), WHICH EXTENDS THE TERM OF THE CONTRACT THROUGH AUGUST 31, 2012, AND INCREASES THE AMOUNT OF FUNDING PROVIDED BY THE THC BY $42,106 ($35,000 OF WHICH IS CONTINGENT UPON FUTURE FUNDING BY THE TEXAS LEGISLATURE). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee is authorized to execute 2nd Amendment to the Interagency Cooperation Contract with the Texas Historical. Commission ("THC"), which extends the term of the contract through August 31, 2012, and increases the amount of funding provided by the THC by $42,106 ($35,000 of which is contingent upon future funding by the Texas Legislature). ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED AS TO FORM: Suave 29 , 2011. BFan Nerve z Assistant City Attorney For City Attorney -150- Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott -151- ORDINANCE APPROPRIATING $42,106 FROM THE TEXAS HISTORICAL COMMISSION ($35,000 OF WHICH IS CONTINGENT UPON FUTURE FUNDING BY THE TEXAS LEGISLATURE) IN THE NO. 1069 MUSEUM GRANTS FUND FOR THE COMPLETE REINVENTORY OF THE LA BELLE ARTIFACT COLLECTION HELD AT THE CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: That $42,106 is appropriated from the Texas Historical Commission ($35,000 of which is contingent upon future funding by the Texas Legislature) in the No. 1069 Museum Grants Fund for the complete reinventory of the La Belle artifact collection held at the Corpus Christi Museum of Science and History. -152- That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED: 2.9 day of -s4N , 2011: L. Briar(Narvae Assistant City Attorney For City Attorney -153- -154- City of Corpus .:w Christi AGENDA MEMORANDUM for the City Council Meeting of July 12, 2011 DATE: June 30, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services petean@cctexas.com (361) 826-3781 Approval of Amendment No. 1 to the Professional Services Contract: ADA Improvements Group 3 (Bond 2008) PURPOSE: Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Services with CH2MHill of Corpus Christi, Texas in the amount of $392,323 for a total re -stated fee of $719,038 for the ADA Improvements Group 3 (BOND ISSUE 2008) & Accessible Routes in CDBG Residential Areas Phase 1 (COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Program). BACKGROUND AND FINDINGS: This project leverages funding from the November '08 Bond election for ADA Improvements and the FY 2010 Community Development Block Grant Accessible Routes in Residential Areas Phase 1 program to continue work to implement the Americans with Disabilities Act Title II Transition plan approved by the Mayor's Committee for Persons with Disabilities and City Council. CH2MHill was selected as the design consultant for the ADA Improvements Group 1 project on November 17, 2009. The proposed Amendment No. 1 is for an additional scope of work called Group 3 which will include 386 ramps located along Horne Road; Gollihar from Kostoryz to Weber; Carroll Lane from Staples to Tiger Lane; and Tiger Lane from Carroll Lane to Everhart; and the Community Development Block Grant FY 2010 Accessible Routes in CDBG Residential Areas Phase 1, and will include final design, preparation of construction documents, construction phase services, and related additional services to complete the project. City Council approval is required to execute the contract for the design services. HAHOMEUAMIEPY\GEMCITY PROJECTS\BOND 2008\BOND 2008 ADA PROJECTSVISWROVEMENTs GENBUDGE RCONTRACTSIAGENDA ITEMIFINAL AGENDA ITEMWGENDA MEMO FINAL.DOCX Page 2 of 3 ALTERNATIVES: 1) Award this Amendment No. 1 to the Contract for Professional Services with CH2MHill of Corpus Christi, Texas in the amount of $392,323 for a total re -stated fee of $719,038 for the ADA Improvements Group 3 (BOND ISSUE 2008) & Accessible Routes in CDBG Residential Areas Phase 1 (COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Program. 2) Repeat the RFP Consultant Selection Process and negotiate with a different consultant. OTHER CONSIDERATIONS: This project is intended to complete the City of Corpus Christi Council Adopted (February 11, 2003) ADA Title II Comprehensive Evaluation and Transition Plan Curb Ramp Goals which will remove architectural barriers from the selected priority arterial streets. The estimated construction cost for ADA Improvements Bond 2008 is $1,852,800 and the estimated construction costs for the CDBG Residential Area Phase I is $200,000 for a combined total estimated construction cost of $2,052,800. The total basic services fee proposal for this project is $259,845 therefore, the percentage of design cost to construction cost is 12.7%. FINANCIAL IMPACT: o Not Applicable o Operating Expense o Revenue X CIP FISCAL YEAR: 2010-2011 Prior Year (CIP Only) Current Year Future Years TOTALS Budget 855,500 2,635,400 2,137,600 5,628,500 Encumbered/Expended Amt. as of November 12, 2010 855,500 $991,479.85 1,846,980 This item 0 392,323 392,323 BALANCE 0 1,251,597 2,137,600 3,389,197 FUND(S1: Streets (Bond 20021 and CDBG (FY 7010) Comments: The anticipated completion date for design of this project is January 2012 (176 calendar days for design). Thus, funding for this contract runs over two fiscal years. All of the $392,323 contract is being budgeted in FY 2010-11, while the construction will be budgeted in FY 2011-12. Completion of construction is anticipated in September 2012. Funding has been budgeted in the FY 2010-2011 Capital Budget & Capital Improvement Planning Guide under STREETS Sequence #ST 04 & ST 14. RECOMMENDATION: City staff recommends approval of the Amendment No. 1 to the Contract for Professional Services with CH2MHill of Corpus Christi, Texas in the amount of $392,323 for a total re -stated fee of $719,038 for the ADA Improvements Group 3 (BOND ISSUE 2008) & Accessible Routes in CDBG Residential Areas Phase 1 (COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Program). CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; Bond Issue 2008; FY 2010-11 Capital Budget and approved FY2010 CDBG Program. H:\HOMEUAMIEP\ GEN\CITY PROJECTS\BOND 2008\BOND 2008 ADA PROJECTSIbb1 INFW VEMENTS GENBUDGETCONTRACTS\AGENDA ITEM\FINAL AGENDA ITEM\AGENDA MEMO FINAL.DOCX Page 3 of 3 EMERGENCY / NON -EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Streets & Neighborhood Services (Community Development Block Grant) LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Cc: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager Eddie Ortega, Director of Neighborhood Services H:\HOMEUAMIEPY,GEJICITY PROJECTS\BOND 2005\BOND 2005 ADA PROJECTSIAD2 IWF&OVEMENTS GEI\BUDGETCONTRACTSWGENDA ITEM\FINAL AGENDA ITEMWGENDA MEMO FINAL.DOCX PROJECT BUDGET ADA IMPROVEMENTS GROUP 3 & Accessible Routes in CDBG Residential Areas, Phase 1 BOND ISSUE 2008 & CDBG FY 2010 (Project No. E11014 & E10066) July 12, 2011 FUNDS AVAILABLE: Bond 2008 CDBG Accessible Routes in CDBG Residential Areas, Phase 1) Lawsuit Settlement Proceeds RTA Contributions (Special Projects Funds Allotment) Total FUNDS REQUIRED: Construction Fees: Group 1 ADA Improvements Project Costs - COMPLETE Group 2 ADA Improvements Project Costs - Under Design Group 2 ADA Improvements Estimated Construction Costs Group 3 ADA Improvements Estimated Construction Costs Consultant Fees: Consultant - (Goldston Engineering, Inc. as CH2MHill Company ) Testing - (Geotechnical & Material Testing) Reimbursements: Contract Administration (Contract Preparation/Award/Admin) Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) Construction Observation Services (not included in Consultant Services) Finance Issuance Misc. (Printing, Advertising, etc.) Total $5,000,000.00 $100,000.00 $528,500.00 $402,367.00 $6,030,867.00 991,479.85 313,968.20 1,850,000.00 2,052,800.00 392,323.00 22,452.53 78,056.00 117,084.00 117,084.00 48,785.00 19,514.00 $6,003,546.58 ESTIMATED FUNDS REMAINING $27,320.42 -160- \Mproject\councilexhibits\exhAD4—IN—CDBG-2B.d wg LOCATION [PROJECT VILLA FROM LEOPARD TO UP RIVER RD. BE hip Cha"^e/ PROJECT LOCATION LIVE OAK FROM CENIZO TO LANCASTER PROJECT LOCATION LEOPARD FROM LANCASTER TO MUELLER PROJECT LOCATION ELMORE/BROOKS/WILSON/ MACLEOD PROJECT LOCATION AYERS PROM SIX POINTS TO HORNE CORPUS C3f2usil B.ty PROJECT LOCATION STAPLES FROM LOUISIANA PARKWAY TO BRAWNER PARKWAY PROJECT LOCATION GOWHAR FROM KOSTORYZ TO WEBER C,4 PROJECT LOCATION CARROLL FROM STAPLES ID TIGER LANE PROJECT LOCATION GRAHAM FORM WALDRON TO WRANOSKY PARK F,M, 43 \AS PROJECT LOCATION TIGER LANE FROM CARROLL TO EVERHART FM 2444 WN LOCATION MAP NOT TO SCALE ADA IMPROVEMENTS - GROUP 3 BOND ISSUE 2008 ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS, PH.1 CDBG FY 2010 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 07/12/2011 -161- CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "City", and CH2M HILL agree to the following amendments to the Contract for Engineering Services for ADA Improvements Group 3 BOND ISSUE 2008 (Proiect No. E11014) and Accessible Routes in Community Development Block Grant (CDBG) FY 2010 (Project No. 10066) as authorized and administratively amended by: Original Contract November 17, 2009 Motion No. M2009-324 $326,715.00 EXHIBIT "A", SECTION 1. SCOPE OF ENGINEERING SERVICES, PART A. BASIC SERVICES, shall be amended to include supplemental Basic Services, as specified on the attached Exhibit "A" and Exhibit "A-1". EXHIBIT "A", SECTION 1. SCOPE OF ENGINEERING SERVICES, PART B. ADDITIONAL SERVICES, shall be amended to include supplemental Additional Services, as specified on the attached Exhibit "A" and Exhibit "A-1". EXHIBIT "A", SECTION 3. FEES, shall be amended as specified on Exhibit "B" Summary of Fees. All other terms and conditions of the November 17, 2009 contract between the City and Engineer, and of any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI By Juan Perales, Jr., P. E. Date Assistant City Manager RECOMMEEN D By wL' '' ©.0// Pete Anaya, P. E., Date Director of Engineering Services ATTEST By Armando Chapa, City Secretary APPROVED AS TO FORMS I / By ®U,( Le -34 Assistant City A orney Date CH2M HILL By < Wu / t cif Sidney A. faas', PE. Date Vice President 210 S. Carancahua, Suite 200 Corpus Christi, TX 78401 (361) 888-8100 Office (361) 888-8600 Fax —1 62— Page 1 of2 HIHOME\VELMAP\GENISTREET16462 ADA IMPS BOND ISSUE 200B1GOLDSTON ENGINEERING ED9D50AMENDMENT NO. 111 AMENDMENT NO. 1.DOC Project Fund Source Number Amount CDBG Accessible Routes in CDBG Residential Areas Phase 1 550950-1059-00000- $28,410.00 (Project No. 10066) 851109 ADA Improvements Group 3 Bond Issue 2008 (Project No. E11014) 550950-3546-00000- 170677 363,913.00 Total of Amendment No. 1 $392,323.00 Encumbrance Number: —1 63— Page 2 of 2 HAHOME VELMAP\GEN\STREET6462 ADA IMPS BOND ISSUE 20081GOLDSTON ENGINEERING E090S0\AMENDMENT NO. 1\1 AMENDMENT NO. 1.DOC CH2MHILL giss CH2M HILL 210 5. Caranrahua, Suite 200 Corpus Christi, TX 78401 Tel 761.888.8100 Fax 861.888.8800 June 28, 2011 PN: 399615 Mr. Pete Anaya, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 RE: ADA Improvements — Bond Issue 2008 (Group 3 - Project No. E1.1014) & Community Development Block Grant (CDBG) Program FY2010 - Accessible Routes in CDBG Residential Areas Phase I ( Project No. #1.0066) AMENDMENT NO. 1 Dear Mr. Anaya: Please accept this letter as our proposal to amend our original contract to increase the authorized amount for ADA Improvements Bond 2008 and Accessible Routes in CDBG Residential Area Phase I. The ADA Improvements consist of approximately 386 ramps located along Staples Street from Louisiana Parkway to Brawner Parkway; Ayers from Six Points to Horne; Gollihar from Kostoryz to Weber; Carroll from Staples to Tiger Lane; and Tiger Lane from Carroll to Everhart. The CDBG Residential Area Phase I is approximately 5320 linear feet of four and five foot sidewalk with approximately 20 curb ramps located on Villa from Leopard to Up River Road; on Leopard from Lancaster to Mueller; along Elmore, Brooks, Wilson Lane and MacLeod Dr; on Live Oak from Cenizo to Mueller; and on Graham Road from Waldron to Wranosky Park. The following are the proposed changes to the original, executed contract. 1. Scope of Services: The Scope of Services has been revised to include additional curb ramps, see Attachment A-1 Scope of Services. 2. Schedule: Please see the Revised Schedule below: —164— AMD, NO. 1 EXHIBIT "A" Page 1 of 3 ADA Improvements Band Issue 2003 Page 2 of 3 PROJECT SCHEDULE DATE ACTIVITY July 12, 2011 Notice to Proceed September 19, 2011 Preliminary Phase/Letter Report October 3, 2011 Begin Design Phase November 30, 2011 Pre -Final Submittal Januarys, 2012 Final Design January 23, 2012 Advertise for Bids February 1, 2012 Pre -Bid Conference February B, 2012 Receive Bids Mardh 2012 Begin Construction September 2012 Construction Completion 3. Fees: A. Fee for Basic Services Authorized: The City will pay the Engineer a lump sum fee not to exceed $259,845.00 for providing services specified, in Exhibit A -I.. $. Summary of Fees: Please see Revised Summary of Fees Table below, Summary of Fees Table: Changes are shown in bold text. The estimated construction cost for ADA Improvements Bond 2008 is estimated construction costs for the CDBG Residential Area Phase I combined total estimated construction cost of $2,052,800. The total proposal for this project is $259,845.00. Therefore; the percentage construction cost is 12.7%. —165— $1,852,800 and the is $200,000 for a basic services fee of design cost to AMD. NO. 1 EXHIBIT "Art Page 2 of 3 ORIGINAL. CONTRACT AMD. No. 1 TOTAL CONTRACT CDBG 812008 ADA Improvements Bond Issue 2008 BASIC SERVICES 1 Preliminary Design Phase 5 98,435.00 $ $ 84,705.00 $ 183,140.00 2 Design Phase 5 78,480.00 $ 24,010.00 $ 119,575.00 $ 222,045.00 3 Bid Phase �$ 3,200.00 $ $ 8,370.00 $ 11,570.00 4 Construction Phase 5 22,020.00 $ - $ 23,105.00 $ 45,205.00 SUBTOTAL OF BASIC SERVICES $ 202,115,00 $ 24,010.00 $ 235,835.00 $461,960.00 ADDITIONAL SERVICES �$ 73,000.00 $ 4,400.00 $ 110,000.00 $ 187,400,00 1 SurveyTopogmphtcServices (AutharlmuonRequired) 2 Suty oy ROWA cqufsitlon 5evices Autnotrzauan ReyulrW) $ 6,400.00 $ - $ 15,200.00 $ 23,600.00 3 Permitting (Authorized) `$ 2,400.00 $ - $ 2,878.00 $ 5,278.00': 4 Construction Observation (Allowance) 5 40,800.00 $ - $ _ $ 40,800.00 Subtotal of Additional Services $ 124,600,00 $ 4,400.00 $ 128,078.00 $ 257,078.00 TOTAL AUTHORIZED FEE $ 326,715.00 $ 28,410.00 $ 363,913.00 $ 719,038.00 The estimated construction cost for ADA Improvements Bond 2008 is estimated construction costs for the CDBG Residential Area Phase I combined total estimated construction cost of $2,052,800. The total proposal for this project is $259,845.00. Therefore; the percentage construction cost is 12.7%. —165— $1,852,800 and the is $200,000 for a basic services fee of design cost to AMD. NO. 1 EXHIBIT "Art Page 2 of 3 ADA Improvements Bond Issue 2008 Very truly yours, CH2M HILL TBPE Firm No.: 2297 1S 1 Sidney A. Faas, P.E. Vice President SAF/Ip/cp —166— Page 3 of 3 AMD. NO. 1 EXHIBIT "A" ! Page 3 of 3 EXHIBIT "A-1" Page 1 of 9 J EXHIBIT A-1 CITY OF CORPUS CHRISTI ADA IMPROVEMENTS BOND ISSUE 2008 PROJECT NO. E11014 1. SCOPE OF SERVICES: A. Basic Services 1. Preliminary Phase/Engineering Letter Report. The Engineer will: It is the intent of the Preliminary Phase to provide a study and report of project scope with economic and technical evaluation of alternatives, and upon approval, proceed in a design memorandum which includes a written description of the project. This report shall include: a. Data Collection: 1) City Staff will provide necessary as-builts and city records and other pertinent data related to Project; 2) Perform site investigation of 386 curb ramp locations within the City Limits of Corpus Christi that have been identified by City staff. Prepare site field investigation notes; 3) List locations with obstructions that would conflict with required Americans with Disabilities (ADA) improvements which may require additional Right of Way (ROW) or design; 4) Perform topographic surveys and determine the approximate location of the ROW at each new curb ramp location using City's GIS to determine if the existing ROW width is adequate to accommodate the required ADA improvements. Locations requiring ROW surveys will be determined on a case-by-case basis after completion of the topographic surveys; 5) Prepare a Design Memorandum summarizing results of site field including obstructions and existing conditions along with a preliminary Opinion of Probable Costs for the Project. Provide internal Quality Assurance/Quality Control (QA/QC) reviews of the report. One (1) hard copy and one (1) electronic copy will be furnished to the City for review by City Staff; 6) Prepare and submit one (1) hard copy and one (1) electronic copy of the Final Engineering Letter Report, which incorporates review comments; and, 7) Complete requisite Additional Services described in paragraph 5 of Exhibit A-1 (Survey Services). —167— b. Meetings: 1) Participate in one (1) kickoff meeting with City staff to discuss design parameters and project budget, provide agenda for meeting, prepare and distribute meeting minutes. 2) Participate in one (1) meeting with the Mayor's Committee for Persons with Disabilities. Provide agenda for meeting, prepare and distribute meeting minutes, 3) Participate in one (1) discussion with the Corpus Christi Regional Transportation Authority (RTA) and prepare documentation of all correspondence. City staff will provide one set only of thefollowing information (as applicable): a. Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b. The preliminary budget, specifying the funds available for construction; c. Aerial photography for the Project area. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the Engineer will: a. Prepare contract plans and bid documents in accordance with the City's required format. b. Prepare plan sheets set that will include the following: TO BE DETERMINED c, Complete Pre -Final Design plans; d. Provide internal QA/QC reviews of Pre -Final Design plans prior to submission to City; e. Submit one (1) Half size (11" x 17") and one (1) electronic copy of the Pre - Final Design set of plans for City review and comment; f. Participate. in one (1) Pre -Final Design Submittal review meeting with City Staff; g. Incorporate comments and recommendations from City staff reviews into contract documents; —168— EXHIBIT "A.4 " Page 2of9 h. Participate in one (1) meeting with City Staff/ADA advisory committee to discuss any issues of concern in the final design; provide agenda for meeting, prepare and distribute meeting minutes; i. Complete Final Design plans, incorporating review comments and recommendations into final contract documents; I. Submit one (1) copy of Final Design plan details and specifications to the Registered Accessibility Specialist (RAS) for review and approval. Submittal will also include costs for Plan Review Fee as well as the Texas Department of Licensing and Regulation (TDLR) Project Filing Fee; k. Incorporate any changes or recommendations from the RAS review into the final contract submittal package; I. Participate in. one (1) Final Design Submittal review meeting with City Staff; m. Incorporate comments and recommendations from City Staff reviews into contract documents; n. Prepare final quantities and opinion of probable construction costs; o. Submit one (1) full size and one (1) electronic copy of the Final Design set of plans and bid documents package with revised opinions of probable construction costs. City staff will: a. Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract award. b. Provide the budget for the Project specifying the funds available for the construction contract. c. Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms required for bid documents. 3. Bid Phase. The Engineer will: a. Participate in the pre-bid conference; b. Review pre-bid questions and submissions concerning bid documents; c. Prepare any addenda or other necessary revisions (up to 4 Addenda); d. Attend bid opening; e. Analyze bids; f. Evaluate and prepare bid tabulation; g. Make written recommendation to City concerning award of the contract; and, h. Prepare power point presentation (maximum 10 slides, for City staff to present at council meeting to facilitate the award of the construction contract. City staff will: a. Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b. Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the Engineer) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. —169— EXHIBIT "A-1' Page 3 of 9 _ c. Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d. Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Phase: The Engineer will perform contract administration to include the following; a. Participate in pre -construction meeting; b. Review.shop/working drawings, materials and other submittals; c. Review field and laboratory tests; d. Provide interpretations and clarifications of the contract documents for contractor and authorize minor changes which do not affect contractor's price and are not contrary to the general interest of the City under the contract; e. Make up to twenty (20) visits to Project site to confer with City project inspector and contractor to observe general progress and quality of work and determine if work is being done in accordance with the contract documents; f. Review monthly construction estimates; g. Assist in reviewing any necessary Change Orders; h. Accompany City and RAS inspectors on final inspection of completed project and provide City with Certificate of Completion; 1 Review construction "red -line" drawings from the Contractor, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings. City Staff will: a. Designate an individual to have responsibility, authority, and control for coordinating activities for the construction phase; b. Receive and process applications/estimates for payments to the contractor; c. Conduct the pre -final and final acceptance inspections with the Engineer; and, d. Prepare monthly estimates and submit to the City Construction Administration Department for payment. —170— EXHIBIT "A-1'' Page 4of9 B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract. The Engineer will not begin work on these services without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The Engineer will, upon written authorization by the Director of Engineering Services, do the following: 1. Sgrvev Topographic Services: a. Provide detailed topographic survey at each new curb ramp location (an allowance for up to 386 topographic surveys has been included in this contract). Survey data will include existing above ground appurtenances such as existing curb and gutter, power poles, traffic signal: foundations, traffic signal controller boxes, fire hydrants, curb inlets, signs, fences, etc. which may affect the design and construction of the proposed ADA improvements. b. Establish cross slope and profile of each existing sidewalk 20 ft, beyond the end of the existing curb and gutter radius return, c. Provide detailed topographic survey for the design of additional accessible routes in CDBG Residential Areas Phase I of approximately 5320 linear feet of four to five foot sidewalks and approximately 20 curb ramps. 2. Survey Right of Wav Services: a. Establish the location of the ROW at each new curb ramp location to determine if there is adequate ROW to accommodate the required ADA improvements. Locations requiring ROW surveys will be determined on a case-by-case basis after completion of the topographic surveys; b. Prepare parcel plats of property required for any necessary ROW acquisitions (an allowance for up to 21 acquisitions will be included in the contract - 15 estimated to be full acquisitions and 6 estimated to be easement acquisitions). 3. Permitting: Furnish the City all engineering data and documentation necessary for all required permits. The NE will prepare this documentation for all required signatures. The ANE will prepare and submit ail permits as applicable to the appropriatelocal, state, and federal authorities, including, but not limited to: a. Texas Department of License and Regulation (TDLR) —171— EXHIBIT 4A-1" �ge5of9 a. Canon!: PR will act as directed by and under the supervision- of nesessaiy. ITY advised as c, Liaison: s. the direntinn of Engineer spp. —172— EXHIBIT "A-1" Page6of9 the City_ payment, h. Completion: -173- EXHIBIT "A•1 " Page 7 of 9 2. SCHEDULE PROJECT SHEDULE DATE ACTIVITY July 12, 2011 Notice to Proceed September 19.2011 Preliminary Phase/Letter Report October 3. 2011 Begin Design Phase November 30, 2011 Pre -Final Submittal January 6, 2012 Final Design January 23, 2012 Advertise for Bids February 1. 2012 Pre -Bid Conference February 8, 2012 Receive Bids March 2012 Begin Construction September 2012 Construction Completion $ 183,140,00 3. FEES A. Fee for Basic Services Authorized. The City will pay the Engineer a lump sum fee not to exceed $259,845.00 for providing services specified in Exhibit A-1. The fee will be full and total compensation for services and for all expenses incurred in performing these services. Engineer will submit monthly statements for basic services rendered, Each statement will be based on the project percent completion at the time of billing. City will make prompt monthly payments in response to Engineer's monthly statements. B. Summary of Fees —174— EXHIBIT "A-1" Page 8 of 9 ORIGINAL CONTRACT AMD. No. 1 TOTAL CONTRACT CDBG 812008 ADA Improvements Bond Issue 2008 BASIC SERVICES 1 Preliminary Design Phase r$ 98,435.00 $ - $ 84,705.00 $ 183,140,00 2 Design Phase -1$ 78,460.00 $ 24,010.00 $ 119,575.00 $ 222,045.00 3 Bid Phase e$ 3,200.00 $ - $ 8,370.00 $ 11,570.00 4 Construction Phase r$ 22,020.00 $ - $ 23,185.00 $ 45,205,00 SUBTOTAL OF BASIC SERVICES $ 202,115.00 $ 24,010.00 $ 235,835:00 $ 461.,960.00 ADDITIONAL SERVICES 1 Survey Topographic Services (Authorization Required) F$ 73,000.00 r$ 8,400.00 $ 4,400.00 $ - $ 110,000.00 $ 15,200.00 $187,400.00 $ 23,600,00 2 Survey ROW AcquisltionServices (AuthorizationRequired) 3 Permitting (Authorized) r$ 2,400.00 $ - $ 2,878.00 $ 5,27$.00 4 Construction Observation (Allowance) r$ 40,800,00 $ $ - $ 40,800.00 $ 257,078.00 Subtotal of Additional Services $ 124,600.00 $ 4,400.00 $ 128,078.00 TOTAL AUTHORIZED FEE $ 326,715.00 $ 28,410.00 $ 363,913.00 $ 719,03B.CD —174— EXHIBIT "A-1" Page 8 of 9 The estimated construction cost for ADA Improvements Bond 2008 is $1,852,800 and the estimated construction costs for the CDBG Residential Area Phase I is $200,000 for a combined total estimated construction cost of $2,052,800. The total basic services fee proposal for this project is $259,845.00 Therefore, the percentage of design cost to construction cost is 12.7%. —175 - EXHIBIT "A-1 Pa'e9of9 ADA ADA IMPROVEMENTS GROUP 1 BOND ISSUE 2008 PROJECT NO. E09050 SUMMARY OF FEES - GOLDSTON ENGINEERING ORIGINAL CONTRACT AMENDMENT NO. 1 TOTAL CDBG Settlement Agreement BI 2008 TOTAL CDBG BI 2008 Total 10066 E11014 BASIC SERVICES _ 1 Preliminary Design Phase $3,937.40 $39,374.00 $55,123.60 $98,435.00 $0.00 $84,705.00 $84,705.00 $183,140.00 2 Design Phase 3,138.40 31,384.00 43,937.60 78,460.00 24,010.00 119,575.00 143,585.00 222,045.00 3 Bid Phase 128.00 1,280.00 1,792.00 3,200.00 0.00 8,370.00 8,370.00 11,570.00 4 Construction Phase 880.80 8,808.00 12,331.20 22,020.00 0.00 23,185.00 23,185.00 45,205.00 Subtotal of Basic Services 8,084.60 80,846.00 113,184.40 202,115.00 24,010.00 235,835.00 259,845.00 461,960.00 ADDITIONAL SERVICES 1 I Survey Topographic Services (Authorized) 2,920.00 29,200.00 40,880.00 73,000.00 4,400.00 110,000.00 114,400.00 187,400.00 2 , Survey ROW Acquisition Services 336.00 3,360.00 4,7.04.00 8,400.00 0.00 15,200.00 15,200.00 23,600.00 3o, Permitting (Authorized) 96.00 960.00 1,344.00 2,400.00 0.00 2,878.00 2,878.00 5,278.00 4 1 Construction Observation (Allowance) 1,632.00 16,320.00 22,848.00 40,800.00 0.00 0.00 0.00 40,800.00 Subtotal of Additional Services 4,984.00 49,840.00 69,776.00 124,600.00 4,400.00 128,078.00 132,478.00 257,078.00 TOTAL AUTHORIZED FEE $13,068.60 $130,686.00 $182,960.40 $326,715.00 $28,410.00_ $363,913.00 $392,323.00 $719,038.00 11/ 7/09 M2009-324 ADA Group 1 Project No. E09050 Proj. No. E11014 Proj. No. 10066 07/12/11 M2011 - Routes ADA Group 3 ADA Imps B12008 CDBG Accessible 1 BV TO BE ASSIGNED BGITY-- SUPPLIER NUMBER = PURCHASING DIVISION ••••••••011•10. City of Corpus Chnsti CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST 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". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: CH2M Hill Company P. O. BOX: STREET ADDRESS: 210 S. Carancahua, Suite 200 CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation X 2. Partnership 4. Association ❑ 5. Other 3. Sole Owner 0 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A 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, Conunission or Committee N/A 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 N/A -177- • FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Sidney A. Faas, P. E. Title: Vice President, TBPE Firm #2297 (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 44 H -r4 4 134 q a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Finn." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not Limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest" Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g• "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. —178— EXHIBIT "C" Page 2 of 2 14 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: June 28, 2011 Public hearing and first reading ordinance to consider abandoning and vacating a 1,764 square foot portion of a 15 -foot wide public alley right-of-way, out of Lots 4-7, Block 9, Bay View Addition, said public right of way, being located between Santa Fe Street and Fifth Street, and just north of the Morgan Avenue public street right-of-way, subject to compliance with the specified conditions. ISSUE: Dr. CesarAlbarracin ("Owner") is requesting the public alley abandonment and vacation to secure his property from vandalism, robberies, and unauthorized activities. REQUIRED COUNCIL ACTION: City Charter Article X, Paragraph 9 requires Council approval to abandon and vacate any portion of public rights-of-way. City Charter Article X, Paragraph 11, requires a public hearing prior to vacating and abandonment of any public rights-of-way. IMPLEMENTATION SCHEDULE: Upon approval by Council and issuance of the ordinance in accordance with City of Corpus Christi, Code of Ordinances §49-12 (a), all grants of establishment or closing of public streets, alleys, or other public ways must be recorded in the real property records of the county in which the property is located. Prior to permitting any construction on the land, a current survey, abstracted for all streets, alleys, or public ways, and items of record must be submitted to the Assistant City Manager for Engineering and Development Services. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map Juan Perales, Jr., P.E. Assistant City Manager Engineering and Development Services Email: JohnnvPcctexas.com Telephone: 361-826-3828 LAPLN-DIR\special-serv.\willie medina\city council agenda 2011\alley-clo\Bayview Addition.M -181- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Dr. CesarAlbarracin ("Owner") of Lots 4-7, Block 9, Bay View Addition, is requesting the abandoning and vacating of the 1,764 square foot portion of a 15 -foot wide public alley right-of-way, located between Santa Fe Street and Fifth Street, and north of the Morgan Avenue public street right-of- way. The said portion of public right-of-way is being requested for abandonment and vacation to better secure properties from vandalism, robberies, and unauthorized activities on either side of the alley right-of-way. The dedicated public alley right-of-way proposed for abandonment and vacation is located in an "AB" Professional Office District. A public notice of the proposed public alley right-of-way closure was mailed to all property owners within a 450 -foot distance from the limits of the public right-of-way to be abandoned, as required by the Code of Ordinances, Section 49-12. All public and franchised utilities were contacted and none of the city departments or franchised utility companies had facilities within the public alley. There were no objections regarding the proposed public alley right-of-way abandonment. Staff recommends that the Owner pay the fair market value of $8,560.00 for abandoning and vacating of the 1,764 square foot portion of the 15 -foot wide public alley right-of-way prior to the closure request going to City Council. As a condition of the public alley right-of-way closure, the Owner is required to record all grants of public right of way closures in the real property Map Records of Nueces County, Texas within 180 days of adoption of the ordinance for the closure of this section of public right-of-way. Upon approval by City Council and issuance of the ordinance, all grants of public right of way closures must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to approval of any building permit and construction, a current survey, abstracted for all public rights of way, easements, and items of record, must be submitted to the Assistant City Manager of Engineering and Development Services. The Applicant must also comply with all the specified conditions of the ordinance within 180 days of City Council approval. In addition, the Owner will be required to record the replat of the property, including the section of public right-of-way to be closed, within 180 days of the adoption of the ordinance for the closure of this section of public alley right-of-way. The owner has been advised of and concurs with the conditions of the public right-of-way abandonment and vacation. L:\PLN-DIR\special-servAwillie medina\city council agenda 2011\alley-clo\Bayview Addition.M2 —182— EXHIBIT A WA ZO ao �o Z g O PROPOSED ALLEY CLOSURE. BAY VIEW ADDITION LTS 4,5,6&7 BLK 9 Proposed Alley Closure sor Easement Closure Date: 6/1412011 Rio: H:t4WtliielEay View Ado Lis 4,5,6&7 BIk9.mN Prepared By: SRR City of Corpus Christi Development Services -GIS ALLEY LOCATION 116 City of Corpus Christi -183- ORDINANCE ABANDONING AND VACATING A 1,764 -SQUARE FOOT PORTION OF A 15 -FOOT WIDE PUBLIC ALLEY RIGHT-OF-WAY, OUT OF LOTS 4-7, BLOCK 9, BAY VIEW ADDITION, SAID PUBLIC RIGHT-OF-WAY BEING LOCATED BETWEEN SANTA FE STREET AND FIFTH STREET AND NORTH OF THE MORGAN STREET PUBLIC STREET RIGHT-OF-WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; WHEREAS, Dr. Cesar Albarracin (Owner), is requesting the abandonment and vacation of a 1,764 -square foot portion of a 15 foot wide public alley right-of-way, out of Lots 4-7, Block 9, Bay View Addition, said public right-of-way being located between Santa Fe Street and Fifth Street, and north of the Morgan Street public right-of-way, in order to better secure his properties from vandalism, robbery and unauthorized activity on either side of the current alley right-of-way. The easement to be abandoned and vacated is located in an "AB" Office District; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, June 14, 2011, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the 15 foot wide public alley right-of- way, subject to the provisions below. (Exhibit A - Metes and Bounds Description, Exhibit B - Metes and Bounds Location Map, Exhibit C — Site Map) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A 1,764 -square foot portion of a 15 foot wide public alley right-of-way, out of Lots 4-7, Block 9, Bay View Addition, said public right-of-way being located between Santa Fe Street and Fifth Street, and north of the Morgan Street public right-of-way, as recorded in Volume A, Pages 24 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above 15 foot wide public alley right- of-way is conditioned upon Owner's compliance with the following: 1) Before going to City Council for approval of the ordinance abandoning and vacating the 1,764 -square foot portion of the 15 foot wide public alley right-of-way, Owner will pay the fair market value of $8,560.00. 2) Within 180 days of approval by City Council and issuance of the ordinance, Owner will be required to replat the portion of public right-of-way being abandoned and vacated, and record at Owner's expense all grants of public right-of-way closures in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the land, an up-to- date survey, abstracted for all public rights-of-way, easements and items of record, H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2011 Agenda\6-14-11\Bay Vij% A4dition\6-1-11.Ord. Aban & Vacate.DWBFinal.docx must be submitted to the Assistant City Manager of Development Services. These requirements are in compliance with the City of Corpus Christi, Code of Ordinance Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. That the foregoin•, ordinance w s read for the first time and passed to its second reading on this the • ay of gke , 2011, by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb 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 , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED this the day of , 2011 ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED as to form: This 1st day of June, 2011: eborah Walther : ro n Assistant City Attorney For City Attorney H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2011 Agenda \6-14.11\Bay View Addition\6-1-11.Ord. Aban & Vacate.DWBFinaLdocx —185— 15 AGENDA MEMORANDUM June 16, 2011 AGENDA ITEM: PUBLIC HEARING — Text Amendments to the Unified Development Code (UDC) (City Council Action Date: June 28, 2011) First Reading Ordinance — Amending the Unified Development Code by replacing tables 1.10.5 and 4.1.1 in their entirety, adding a provision to the definition of a Dwelling, revising the Landmark Commission vote requirement at Subsection 3.16.2.6.1, amending a portion of Table 7.2.2.B. regarding indoor recreation, and amending the Urban Transportation Plan Design Criteria Manual, Appendix to UDC Article 8, by inserting revised Figures 1A and 3 through 13; providing for severance; providing for publication; providing for an effective date and providing for penalties. Planning Commission's and Staff's Recommendation: Approval of the Text Amendments to the Unified Development Code (UDC). REQUIRED COUNCIL ACTION: Consideration of approval of Planning Commission's and Staffs recommendation. Juan Perales, ., P.E. Assistant City anager Departments of Engineering and Development Services Email: johnnyp@cctexas.com Phone: 361-826-3828 Attachments: 1. Ordinance H:\PLN-DIR\SHARED\UDC\CONSULTANT DOCUMENTS (JOHN BELL)\UDC TEXT AMENDMENT AGENDA MEMO.DOC -189- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: As part of the implementation of the Unified Development Code, such amendments will improve the quality of the listed sections. The addition of updated street designs will provide the most recent standards from the Engineering Department. The amendment of the definition of "dwelling" will limit the installation of additional utility meters and prevent the creation of illegal secondary single-family dwellings upon lots with existing dwellings. The parking requirements for indoor recreation only pertained to bowling alleys in the current UDC. The update will incorporate the other indoor recreation uses and provide the appropriate off-street parking ratio requirements. The final text amendment concerned the super majority needed for the Landmark Commission to grant certificates of appropriateness for demolition of properties with a designation of the (-H) Historic Overlay District. The proposed text amendments were presented to the Planning Commission on June 22, 2011. —190— AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE BY REPLACING TABLES 1.10.5 AND 4.1.1 IN THEIR ENTIRETY, ADDING A PROVISION TO THE DEFINITION OF A DWELLING, REVISING THE LANDMARK COMMISSION VOTE REQUIREMENT AT SUBSECTION 3.16.2.B.1, AMENDING A PORTION OF TABLE 7.2.2.B. REGARDING INDOOR RECREATION, AND AMENDING THE URBAN TRANSPORTATION PLAN DESIGN CRITERIA MANUAL, APPENDIX TO UDC ARTICLE 8, BY INSERTING REVISED FIGURES 1A AND 3 THROUGH 13; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING FOR PENALTIES. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendments to the Corpus Christi, Texas Unified Development Code (the "Unified Development Code"); and WHEREAS, with proper notice to the public, public hearings were held on Wednesday June 22, 2011, during a meeting of the Planning Commission, and on Tuesday, June 28, 2011 during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Table 1.10.5, providing existing and new zoning district names, is replaced in its entirety with the following: Table 1.10.5 -'T:' `hS' 1$'',, e'� `_ ` K``r` -« "lIt'W", 'Ol[1Dn .'s''�.. ,", Residential Districts FR Farm -Rural FR Farm Rural RE Residential Estate RE Residential Estate RA One -Family Dwelling RS -15 Single -Family 15 R -1A One -Family Dwelling RS -10 Single -Family 10 R-1 B One -Family Dwelling RS -6 Single -Family 6 R -1C One -Family Dwelling RS -4.5 Single -Family 4.5 R-TH Townhouse Dwelling RS-TH Townhouse R-2 Multiple Dwelling RS -TF Two -Family H:\LEG-DIR\Shared\LEGAL-DEV.S VCS\UDC Project\Text Amendments \6-22-11 UDC Text Amendments. D W BFi nal. do cx —191— SAO b ,:j 'Pt Attu lk...:til:. ^ .. A"' 4rt lit fglOittgENat><i'' A-1 Apartment House RM -1 .lAE+ Multifamily 1 A -1A Apartment House RM -2 Multifamily 2 A-2 Apartment House RM -3 Multifamily 3 AT Apartment Tourist RM -AT Multifamily AT T -1B Manufactured Home Park RMH Manufactured Home T -1C Manufactured Home Sub- division � � Z ^dgg ' pp Di f .:=N sv y8y." (i `< '£ yM 3 y Y�f bh.'iT' Li uC fr '? sF t'HR�u .c scry4. f' AB Professional Office ON Office B-1 Neighborhood Business CN -1 Neighborhood Commercial B -1A Neighborhood Business CN -2 Neighborhood Commercial B-2 Bayfront Business CR -1 Resort Commercial B -2A Barrier Island Business CR -2 Resort Commercial BD Corpus Christi Beach Design CR -3 Resort Commercial 13-3 Business & General Business CG -1 General Commercial B-4 Business & General Business CG -2 General Commercial B-5 Primary Business CI Intensive Commercial B-6 Primary Business Core CBD Downtown Commercial 1-1 Limited Industrial BP Business Park 1-2 Light Industrial IL Light Industrial 1-3 Heavy Industrial IH Heavy Industrial T -1A Travel Trailer Park RV Recreational Vehicle Park 'G. de...,b�fr�*f. Yi f',""„Y`er 41".�:ems . 'C-€ E •k4�''i'^E 4c�'h'.X�J.a .,.9 PUD -1 and PUD -2, Planned Unit Development -PUD Planned Unit Dev. Overlay HC, HC -1, HC -II, HC -III, HC -IV, HC -F, HC -A Historic Overlay -H Historic Overlay SP Special Permit -SP Special Permit -10 Island Overlay -10 Island Overlay -CH Cottage Housing -CH Cottage Housing SECTION 2. The definition of dwelling at Section 1.11.3 is revised to read as follows: "1.11.3 Defined Terms * "Dwelling: A building designed or used for residential occupancy, including a single- family detached house, zero lot line house, traditional house, semi -attached house, manufactured home, two-family house, townhouse and apartment. Overnight accommodations as described in Subsection 5.1.4 shall not be considered dwelling units. Single-family residential dwelling units shall only have one meter per utility, an additional meter shall be allowed only for agricultural/irrigation uses." H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\UDC Project\Text Amendments\6-22-I IUDC Text Amendments.DWEFInal.dccx Page 2 —192— SECTION 3. Subsection 3.16.2.B.1, providing for Landmark Commission final action in the review process regarding the certificate of appropriateness for demolition, is revised to read as follows: "B. Landmark Commission Final Action 1. Following notice in accordance with Subsection 3.1.7, the Landmark Commission shall hold a public hearing and approve, approve with conditions, or deny the certificate of appropriateness for demolition. Any action taken by the Landmark Commission to demolish, change the exterior of or remove property on the preservation plan shall require a favorable vote of at least three fourth° a majority of the SECTION 4. Table 4.1.1, entitled Zoning Districts, is replaced in its entirety with the following: Table 4.1.1 Zoning Districts Base Zoning Districts Residential •Districts FR Farm -Rural RE Residential Estate RS -15 Single -Family 15 RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS-TH Townhouse RS -TF Two -Family RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 RM -AT Multifamily AT RM -H Manufactured Home or ai e,t i flstir CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial (Limited) ON Office CR -1 Resort Commercial (Bayfront) CR -2 Resort Commercial (Barrier Island) CR -3 Resort Commercial (Corpus Christi Beach) CG -1 General Commercial Existing Designation FR RE RA R -1A R -IB R -IC R-TH R-2 A-1 A -IA A-2 AT TI -B and TI -C B-1 B -IA AB B-2 B -2A BD B-3 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\UDC Project\Text Amendments \6-22-11UDC Text Amendments.DWBFinal.docx Page 3 —193— (Limited) CG -2 General Commercial 0 Intensive Commercial CBD Downtown Commercial BP Business Park IL Light Industrial IH Heavy Industrial RV Recreational Vehicle Park Special Districts -PUD Planned Unit Dev. Overlay -H Historic Overlay -SP Special Permit -10 Island Overlay -CH Cottage Housing B-4 B -S 8-6 1-1 1-2 1-3 T -1A PUD -1 and PUD -2 HC, HC -1, 1-10-11, HC -III, HC -IV, HC -F, and HC -A - SP - 10 -0H SECTION 5. Table 7.2.2.B, entitled Parking Ratios, is amended by dividing into two sections the portion of the Table which provides for indoor recreation, as follows: Indoor Recreation [5.1.4.B] Bowling alley 5.6 per lane All other uses 1 per 100 SF SECTION 6. The Urban Transportation Plan Design Criteria Manual which is an Appendix to Article 8, is amended by replacing the figures listed below with the attached figures of the same name found at Exhibit A of this ordinance. FIGURE 1A: LOCAL STREET SECTIONS FIGURE 3: C-1 RESIDENTIAL COLLECTOR FIGURE 4: C-2 SECONDARY COLLECTOR FIGURE 5: C -3A PRIMARY COLLECTOR FIGURE 6: C-313 PRIMARY COLLECTOR FIGURE 7: P-1 PARKWAY FIGURE 8: A-1 MINOR ARTERIAL FIGURE 9: A-2 SECONDARY ARTERIAL FIGURE 10: A-3 PRIMARY ARTERIAL FIGURE 11: RA -1 RURAL ARTERIAL FIGURE 12: RA -2 SECONDARY RURAL ARTERIAL FIGURE 13: RA -3 PRIMARY RURAL ARTERIAL SECTION 7. The Unified Development Code text, approved and to be effective July 1, 2011, remains as previously approved, except as changed by this ordinance. H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\UDC Project\Text Amendments \6-22-1 IUDC Text Amendments.DWBFinal.docx Page 4 —194— SECTION 8. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 9. Publication of this ordinance 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, Texas. After said publication this ordinance shall be in full force and effect. SECTION 10. Upon said ordinance becoming effective, a violation of this ordinance or the requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 and/or Article 10 of the Unified Development Code. Signatures at next page. H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\UDC Project \Text Amendments \6-22-11 UDC Text Amendments.DWBFinal.docx Pages —195— The foregoing,ordinance was read for the first time and passed to its second reading on this the 3- day of , 2011, by the following vote: 4 Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott The foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED this the day of , 2011. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED as to form: This 23rd day of June, 2011: eborah Wa ther Bn Assistant City Attorn For City Attorney H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\UDC Project\Text Amendments\6-22-1IUDC Text Amendments.DWBFinal.docx Page 6 —196— Article 8: Subdivision Design and Improvements FIGURE 1A : LOCAL STREET SECTIONS FIGURE : TYPICAL LOCAL STREET R.0 VARIES BACK TO BACK 2% SLOPE 2% MIN. 1.5° HMAC 2% MIN. 2% SLOPE ioiiiiiii�ii�������i/ivioii�iiii/iiiiiiiliiii ilii—ae r 8' LIME TREATED SIIBGRADE FLEXIBLE BASE iv BO' ROM OF WAY O' 14' 1 14' JER STORM SEWER L SANITARY UNDER PAVEMENT L -1A TWO WAY Corpus Christi Urban Transportation Design Criteria Manual cc February 23, 2011 Page 470 —197— 4' 6' s8' ENO( TO MX E 4' 1' �-- I ( le CL » CCT TWO I I WAY I —I A-er 5I I I! I I O' 14' 1 14' JER STORM SEWER L SANITARY UNDER PAVEMENT L -1A TWO WAY Corpus Christi Urban Transportation Design Criteria Manual cc February 23, 2011 Page 470 —197— 1' Article 8: Subdivision Design and Improvements FIGURE 3: C-1 RESIDENTIAL COLLECTOR ea' R.O.W. 10' BACK 10 BACK 10 4' 5' 2t SLOPE 9' PARRINB 11' 11 9' 4' 0 N LI 2' HMA¢ 2% MIN. PARIHHG o\ i kielrvirii r 1t rr.+rnw r 7Jrv'iif ri oi.+rrrif rust risrry�.. zfrirrza iurrirfia l '',* 9- B' LIME TREATED SIIBGRA E Functional Designation: Right -of -Way: Street Width: Desirable ADT Range: Paving Section: Design Speed: Length: On -Street Parking: Widening: Horizontal Curve Radius: Water/Sanitary Sewer S" REKIBIE 655E V Urban Transportation Plan C-1 60 -feet 40 foot back -of -curb to back -of -curb 500 to 3,000 vehicles per day Design based on site specific Geotechnical Testing and Engineering analysis. 25 mph, 30 mph Less than 1 -mile Yes Widening at collector or arterial intersections may be required as needed. Minimum 300 foot centerline radius for normal crown. To be located between back of curb and right-of-way line Corpus Christi Urban Transportation Design Criteria Manual OQML 2% SLOPE February 23, 2011 Page 479 —1 9 8— Article 8: Subdivision Design and Improvements FIGURE 4: C-2 SECONDARY COLLECTOR B' fi 41' SICK TO SICK 133' 14' 6' SIDEWALK 211 SLOPE Viµ dCe r AKIO S MIN. u SLOPE N%>n. /JJ%J//Jj///J///////i////O////00////////U///l////L%lJ//////////7JJ/////////JO/f/////jlJ//U//J/ mod arc iC UME *PAW $*G Functional Designation: Right -of -Way: Street Width: Desirable ADT Range: Paving Section: Design Speed: Length: On -Street Parking: Widening: Horizontal Curve Radius: !Residential Driveway: Utility Easements: Bikeway: Water/Sanitary Sewer E 8` FLODELE BASE Urban Transportation Plan C-2 Minimum 65 feet, alternative 73 feet* 41 feet back -of -curb to back -of -curb 3,000 to 7,500 vehicles per day Design based on site specific Geotechnical Testing and Engineering analysis. 30 mph, 35 mph 1 to 2 miles Parking restricted at all times Widening at collector and arterial intersections to provide separate right turn lanes and mid -block widening for deceleration lanes as necessary. Minimum 450 foot centerline radius with normal crown Prohibited May be required, if justified by the adopted Master Plan and applicable Engineering Design Standards. Widening may be required if the street is designated as a bikeway on the City's Bicycle and Pedestrian Plan. To be located between back of curb and right-of-way line * Note: The 73 foot right of way may provide for two 4 foot paved bicycle lanes (5.5 -ft to face of curb). Corpus Christi Urban Transportation Design Criteria Manual February 23, 2011 Page 480 —199- Article 8: Subdivision Design and Improvements FIGURE 5: C -3A PRIMARY COLLECTOR 75' R.0 12.5' 50' BILA TO 5' 6 5' 11!' 11 2X SLOPE 2S 2"MAC 214 MIN. 5' SIDMAN< 2% SLOPE .5' Functional Designation: Right -of -Way: Street Width: Typical ADT Range: Paving Section: Length: On -Street Parking: Widening: Horizontal Curve Radius: Residential Driveway: Utility Easements: Bikeway: Water/Sanitary Sewer 12' LAE TREATED SUBCRAO 10' FLEXIBLE BASE Urban Transportation Plan C -3A Minimum 74 feet, alternative 82 feet* 50 feet back -of -curb to back -of -curb 2,500 to 14,000 vehicles per day Design based on site specific Geotechnical Testing and Engineering analysis. 2 to 4 miles Parking restricted at all times Widening at collector and arterial intersections to provide separate right turn lanes and mid -block widening for deceleration lanes as necessary. Minimum 600 foot centerline radius with normal crown Prohibited May be required, if justified by the adopted Master Plan and applicable Engineering Design Standards. Widening may be required if the street is designated as a bikeway on the City's Bicycle and Pedestrian Plan. To be located between back of curb and right-of-way line Note: 82 -foot right of way may provide for two 4 foot paved bicycle lanes (5.5 ft to face of curb). Corpus Christi Urban Transportation Design Criteria Manual February 23, 2011 Page 481 -200- Article 8: Subdivision Design and Improvements FIGURE 6: C -3B PRIMARY COLLECTOR* 14' 52' KI TO &Cr 14' 5' 5' 12' 25' 5' 50E11, SUPE I 115' 12.5' 1' '"""' 1 * 125' 525' 1' 0 2' SWC b Rub Fu u ^ 4 HUL' 4 j 3Nt 0 ,// Ilau..,,...:�ir�� �T��p�q�q��p��p�\r\\�\,<`, // 21 MIN, /%/ 1.1 w4 12' ullE 1 AUF0 5051OWE it TWEE 515E Functional Designation: Right -of -Way: Street Width: Typical ADT Range: Paving Section: Urban Transportation Plan C -3B Minimum 87 feet, alternative 95 feet'* 58 feet back -of -curb to back -of -curb 2,500 to 14,000 vehicles per day Design based on site specific Geotechnical Testing and Engineering analysis. Design Speed: 30 mph, 35 mph, 40 mph Length: 2 to 4 miles On -Street Parking: Parking restricted at all times Widening: Widening at collector and arterial intersections to provide separate right turn lanes and mid -block widening for deceleration lanes as necessary. Horizontal Curve Radius: Residential Driveway: Utility Easements: Minimum 600 foot centerline radius with normal crown Prohibited May be required, if justified by the adopted Master Plan and applicable Engineering Design Standards Bikeway: Widening may be required if the street is designated as a bikeway on the City's Bicycle and Pedestrian Plan. Water/Sanitary Sewer To be located between back of curb and right-of-way line * Note: If section is mandated by the City, the City is responsible for median maintenance. **Note: 95 -foot right of way may provide for two 4 foot paved bicycle lanes (5.5 ft to face of curb). Corpus Christi Urban Transportation Design Criteria Manual MOW 2% SLOPE February 23, 2011 Page 482 -201- Article 8: Subdivision Design and Improvements FIGURE 7: P-1 PARKWAY 14' /0' Kit TO &GK 26' B' 1' PARKING II' 11' B' VARIES 5' MK 2R MIN. 10' Miff IREAIW 91.0301811E Functional Designation: Right -of -Way: Street Width: Typical ADT Range: Paving Section: Design Speed: Length: Sidewalk: On -Street Parking: Widening: Horizontal Curve Radius: Residential Driveway: Utility Easements: ataa ioii iaiiiovvaiiiiiiivaiiiiiiniiui•JV, B' RD(IBIE BASE HUE & BeE mvi 21{ SAFE VARIES 1' MI Urban Transportation Plan P-1 80 feet 40 feet back -of -curb to back -of -curb 500 to 3,000 vehicles per day Design based on site specific Geotechnical Testing and Engineering analysis. 35 MPH (restricted to 30 MPH or less) 1 - 10 miles On house side: 5 -ft width, separated from street curb with 4 —to 8 foot grass strip; on natural view side: minimum 8 -ft meandering hike -and -bike trail with minimum 5 -foot separation from street curb Yes* Widening at arterial streets to provide separate right turn and left turn lanes Minimum 600 foot centerline radius with normal crown Prohibited May be required, if justified by the adopted Master Plan and applicable Engineering Design Standards Water/Sanitary Sewer To be located between back of curb and right-of-way line * Note: In certain circumstances, the City may elect to prohibit curbside parking along the natural view side of the street to allow for a dedicated and marked on -street bicycle lane on each side of the street. On the residential side of the street a dedicated bicycle lane would be provided between the parking lane and travel lane. Provision of bicycle lanes would be designated on the Master Bicycle Plan as an official bicycle route. Corpus Christi Urban Transportation Design Criteria Manual February 23, 2011 Page 483 -202- Article 8: Subdivision Design and Improvements 15.5 FIGURE 8: A-1 MINOR ARTERIAL e4' 15.5 Functional Designation: Right -of -Way: Street Width: Typical ADT Range: Paving Section: Design Speed: Length: On -Street Parking: Urban Transportation Plan A-1 95 feet 64 feet back -of -curb to back -of -curb to provide four lanes plus a continuous center turn lane 10,000 - 24,000 vehicles per day Design based on site specific Geotechnical Testing and Engineering analysis. 35 - 45 mph Less than 5 miles Parking restricted at all times Widening: Widening at collector or higher street type intersections for single or double right and left turn lanes, and mid -block deceleration lanes as necessary. Horizontal Curve Radius: Minimum 750 foot centerline radius with normal crown Residential Driveway: Prohibited Utility Easements: Bikeway: Water/Sanitary Sewer May be required, if justified by the adopted Master Plan and applicable Engineering Design Standards. Widening may be required if the street is designated as a bikeway on the City's Bicycle and Pedestrian Plan. Bikeways shall meet AASHTO standards. To be located between back of curb and right-of-way line Corpus Christi Urban Transportation Design Criteria Manual February 23, 2011 Page 484 —203— 4 Lanes with Continuous Left Turn Lane i 5' 5' L 13.5' 11.5' 7- I 14' 11.5' J 13.5' 7 5' 5' i '' 1' / /' / / 95' R.O.W /�' 1' Functional Designation: Right -of -Way: Street Width: Typical ADT Range: Paving Section: Design Speed: Length: On -Street Parking: Urban Transportation Plan A-1 95 feet 64 feet back -of -curb to back -of -curb to provide four lanes plus a continuous center turn lane 10,000 - 24,000 vehicles per day Design based on site specific Geotechnical Testing and Engineering analysis. 35 - 45 mph Less than 5 miles Parking restricted at all times Widening: Widening at collector or higher street type intersections for single or double right and left turn lanes, and mid -block deceleration lanes as necessary. Horizontal Curve Radius: Minimum 750 foot centerline radius with normal crown Residential Driveway: Prohibited Utility Easements: Bikeway: Water/Sanitary Sewer May be required, if justified by the adopted Master Plan and applicable Engineering Design Standards. Widening may be required if the street is designated as a bikeway on the City's Bicycle and Pedestrian Plan. Bikeways shall meet AASHTO standards. To be located between back of curb and right-of-way line Corpus Christi Urban Transportation Design Criteria Manual February 23, 2011 Page 484 —203— Article 8: Subdivision Design and Improvements 15 FIGURE 9: A-2 SECONDARY ARTERIAL 70' 15 Functional Designation: Right -of -Way: Street Width: Typical ADT Range: Paving Section: Design Speed: Length: On -Street Parking: Widening: Horizontal Curve Radius: Residential Driveway: Utility Easements: Bikeway: Urban Transportation Plan A2 100 feet 70 feet back -of -curb to back -of -curb with median* 16,000 - 26,500 vehicles per day Design based on site specific Geotechnical Testing and Engineering analysis. 35 - 45 mph Less than 5 miles Parking restricted at all times Widening at collector or higher street type intersections for single or double right and left turn lanes, and mid -block deceleration lanes as necessary. Minimum 900 foot centerline radius with normal crown Prohibited May be required, if justified by the adopted Master Plan and applicable Engineering Design Standards. Widening may be required if the street is designated as a bikeway on the City's Bicycle and Pedestrian Plan. Bikeways shall meet AASHTO standards. Water/Sanitary Sewer To be located between back of curb and right-of-way line *Mid -block median openings shall be provided with left tum channelization at intersecting streets having C1 functional classification and above and at non -intersection median openings at minimum 1,000 -ft spacing. If section is mandated by Corpus Christi Urban Transportation Design Criteria Manual February 23, 2011 Page 485 —204— Mecian 5' 9' 13.5' 13.5' g. 15' L 13.5' 13.5' 9' 5' 1 100' R.O.W 1' Functional Designation: Right -of -Way: Street Width: Typical ADT Range: Paving Section: Design Speed: Length: On -Street Parking: Widening: Horizontal Curve Radius: Residential Driveway: Utility Easements: Bikeway: Urban Transportation Plan A2 100 feet 70 feet back -of -curb to back -of -curb with median* 16,000 - 26,500 vehicles per day Design based on site specific Geotechnical Testing and Engineering analysis. 35 - 45 mph Less than 5 miles Parking restricted at all times Widening at collector or higher street type intersections for single or double right and left turn lanes, and mid -block deceleration lanes as necessary. Minimum 900 foot centerline radius with normal crown Prohibited May be required, if justified by the adopted Master Plan and applicable Engineering Design Standards. Widening may be required if the street is designated as a bikeway on the City's Bicycle and Pedestrian Plan. Bikeways shall meet AASHTO standards. Water/Sanitary Sewer To be located between back of curb and right-of-way line *Mid -block median openings shall be provided with left tum channelization at intersecting streets having C1 functional classification and above and at non -intersection median openings at minimum 1,000 -ft spacing. If section is mandated by Corpus Christi Urban Transportation Design Criteria Manual February 23, 2011 Page 485 —204— Article 8: Subdivision Design and Improvements the City, the City is responsible for median maintenance. 17.5 FIGURE 10: A-3 PRIMARY ARTERIAL 95' 17.5 5' Median 13.5' 12' 14' 16' 14' 12' 13.5' 5' 5' 1' 130' R.O.W Functional Designation: Right -of -Way: Street Width: Typical ADT Range: Paving Section: Design Speed: Length: On -Street Parking: Intersection Widening: Horizontal Curve Radius: Utility Placement: Residential Driveway: Utility Easements: Bikeway: Water/Sanitary Sewer Urban Transportation Plan A3 130 feet 95 feet back -of -curb to back -of -curb with median* 25,000 - 36,000 vehicles per day Design based on site specific Geotechnical Testing and Engineering analysis. 45-55 mph 5 miles or greater Parking restricted at all times Widening at collector or higher street type intersections for single or double right and left turn lanes, and mid -block deceleration lanes as necessary. Minimum 900 foot centerline radius with normal crown Behind back of curb only. Prohibited May be required, if justified by the adopted Master Plan and applicable Engineering Design Standards. Widening may be required if the street is designated as a bikeway on the City's Bicycle and Pedestrian Plan. Bikeways shall meet AASHTO standards. To be located between back of curb and right-of-way line `Mid -block median openings shall be provided with left turn channelization at intersecting streets having 01 functional classification and above and at non -intersection median openings at minimum 1,000 -ft spacing. If section is mandated by the City, the City is responsible for median maintenance. Corpus Christi Urban Transportation Design Criteria Manual February 23, 2011 Page 486 -205- Article 8: Subdivision Design and Improvements V.08ch 28' FIGURE 11: RA -1 RURAL ARTERIAL 44' Thru Lane 10' Shoulder / 12' / 12' 10' 100' R.O.W Shoulder / V -Ditch 28' Functional Designation: Right -of -Way: Street Width: Typical ADT Range: Paving Section: Design Speed: Length: On -Street Parking: Widening: Horizontal Curve Radius: Residential Driveway: Utility Easements: Bikeway: Water/Sanitary Sewer Urban Transportation Plan RA1 100 -feet 44 feet to provide two lanes with shoulders 10,000 - 15,000 vehicles per day Design based on site specific Geotechnical Testing and Engineering analysis. over 50 mph Five miles and greater Parking restricted at all times Widening at collector or higher street type intersections for single or double right and left turn lanes, and mid -block deceleration lanes as necessary. TxDOT Standard Prohibited May be required, if justified by the adopted Master Plan and applicable Engineering Design Standards. Widening may be required if the street is designated as a bikeway on the City's Bicycle and Pedestrian Plan. Bikeways shall meet AASHTO standards. To be located between back of curb and right-of- way line Corpus Christi Urban Transportation Design Criteria Manual February 23, 2011 Page 487 -206- Article 8: Subdivision Design and Improvements FIGURE 12: RA -2 SECONDARY RURAL ARTERIAL V -Ditch 43' 10' 12' 12' 10' V -Ditch 43' wdtt 130' R.O.W Shoulder Functional Designation: Right -of -Way: Street Width: Typical ADT Range: Paving Section: Design Speed: Length: On -Street Parking: Widening: Horizontal Curve Radius: Residential Driveway: Utility Easements: Water/Sanitary Sewer Bikeway: Urban Transportation Plan RA2 130 feet 44 feet to provide four lanes 20,000 - 30,000 vehicles per day Design based on site specific Geotechnical Testing and Engineering analysis. over 50 mph Five miles and greater Parking restricted at all times Widening at collector or higher street type intersections for single or double right and left turn lanes, and mid -block deceleration lanes as necessary. TxDOT Standard Prohibited May be required, if justified by the adopted Master Plan and applicable Engineering Design Standards. To be located between back of curb and right-of- way line Widening may be required if the street is designated as a bikeway on the City's Bicycle and Pedestrian Plan _Bikeways shall meet AASHTO standards. Corpus Christi Urban Transportation Design Criteria Manual February 23, 2011 Page 488 -207- Article 8: Subdivision Design and Improvements V -Ditch 48' FIGURE 13: RA -3 PRIMARY RURAL ARTERIAL 38' 58' 38' Thru lanes 120 10' 12' Shoulder 12' 34' Grass Median V -Ditch 34' Thru lanes 12' 12' 10' V -Ditch 48' 4 4' 120' a 240' R.O.W. Functional Designation: Right -of -Way: Street Width: Typical ADT Range: Paving Section: Design Speed: Length: On -Street Parking: Widening: Horizontal Curve Radius: Residential Driveway: Utility Easements: Water/Sanitary Sewer Bikeway: Urban Transportation Plan RA3 240 -feet 76 -feet to provide four lanes, grass median and two shoulders 25,000 - 35,000 vehicles per day Design based on site specific Geotechnical Testing and Engineering analysis. over 50 mph Five miles and greater Parking restricted at all times Widening at collector or higher street type intersections for single or double right and left turn lanes, and mid -block deceleration lanes as necessary. TxDOT Standard Prohibited May be required, if justified by the adopted Master Plan and applicable Engineering Design Standards Located between back of curb and right-of-way line Widening may be required if the street is designated as a bikeway on the City's Bicycle and Pedestrian Plan :Bikeways shall meet AASHTO standards. Corpus Christi Urban Transportation Design Criteria Manual February 23, 2011 Page 489 -208- 16 AGENDA MEMORANDUM AGENDA ITEM: June 28, 2011 Public Hearing and First Reading of an Ordinance amending the Code of Ordinances Chapter 14, Article II, Division 1, Section 14-223 (A) (1) and adding to Section 14-202 a new definition, all relating to building occupancy; providing for severance; providing for publication; and providing for penalties. ISSUE: The Building Official, in accordance with the authority granted him in Section 14-214, to enforce and interpret the provisions of the Corpus Christi Technical Construction Code, has forwarded to the City Council his report and recommendation that the proposed amendment and addition to the Code of Ordinances related to building occupancy is necessary for the efficient and effective administration of the Corpus Christi Technical Construction Code. This amendment and addition to the ordinance will serve the immediate need of preserving and protecting the use of public property, and that immediate action is necessary for the efficient and effective administration of the City's affairs, thereby best serving the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. RECOMMENDATION: Staff recommends approval of the ordinance as presented. tephen Drap Building Official ATTACHMENTS: Exhibit A Exhibit B Juan Perales Jr., P.E. Assistant City Manager Public Works, Utilities, and Transportation Background Information Proposed Ordinance Amendment —211— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The existing City Code of Ordinances, Chapter 14 language related to the issuance of "Certificates of Occupancy" has been determined to lack sufficient clarity of content to allow for consistent interpretation of the code requirements while accomplishing the intent of the code. Historically, interpretation was not literal, but based on a general agreement between City and industry representatives. However, because of recent turnover in City staff and numbers of contested interpretations, staff had moved toward a literal interpretation of the existing code, including seeking a "third party" interpretation of the code language through the City's Legal Department. The definition of "change in occupancy" under this interpretation included not only change in use, but literally, change in "occupant". This interpretation has been declared by various industry representatives, including the Building Owners and Managers Association (BOMA), as unnecessarily onerous and beyond the intent of the code. In an attempt to work toward resolution of the issue, staff attended a regularly scheduled BOMA meeting earlier this year, and began discussion. In that meeting, a BOMA sub- committee was appointed to work with City staff to develop code amendments necessary to provide clarity and consistency to Certificate of Occupancy requirements and application. Draft code language has been completed and vetted with Development Services and Legal Department staff, as well as BOMA representatives. It is the consensus of the interested parties that the new language meets the intent of the code while providing clarity needed for consistency in its application and administration. In general, the new code language definition of "change of occupancy" is based on a change in use of a building space or property that necessitates the application of a different set of technical building codes. When that type of change occurs, a new Certificate of Occupancy will be required, which will trigger the necessary inspections to ensure compliance with the different technical codes. A change in "occupant" only, as long as there is no change in use classification, will not require a new Certificate of Occupancy. Exhibit A Page 1 of 1 —212— ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 14, ARTICLE 1I, DIVISION 1, SECTION 14-223 (A) (1) AND ADDING TO SECTION 14-202 A NEW DEFINITION, ALL RELATING TO BUILDING OCCUPANCY; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR PENALTIES. WHEREAS, the Building Official, in accordance with the authority granted him in Section 14-214, to enforce and interpret the provisions of the Corpus Christi Technical Construction Code, has forwarded to the City Council his report and recommendation that the amendment and addition to the ordinance is necessary for the efficient and effective administration of the Corpus Christi Technical Construction Code; and WHEREAS, the City Council has determined that this amendment will serve the need of preserving and protecting the use of public property, and that action is necessary for the efficient and effective administration of the city's affairs, thereby best serving the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: Section 14-233(a)(1) Code of Ordinances, is revised to read as follows: "Sec. 14-223. Certificates "(a) Certificate of occupancy. "(1) Building occupancy. A new building may not be occupied or a change made in the existing occupancy classification, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy. The certificate of occupancy may not be issued until all required construction and electrical, gas, mechanical, plumbing and fire protection systems have been inspected for compliance with the technical construction codes and other applicable laws and ordinances of the city, and released by the building official." SECTION 2: Section 14-202 Code of Ordinances is amended by adding a new definition, "Change of use/occupancy", to read as follows: "Sec. 14-202. Definitions. "As used in this article and the city technical construction codes: H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2011 Agenda\6-28-11\Text Amend re14-223 & 14.202\6-16-I lord re 14-223 & 14- 202 text amend.DWB Final3 - 2read.docx —213— "Certificate of occupancy means a certificate issued by the building official that authorizes occupancy of a building or structure or portions of a building or structure, for its authorized use, or temporary events. "Change of use/occupancy means any change in the use purpose, or level of activity within any building, or portion thereof, that merits a change in application of the requirements of the present building code. "City means the territory within the corporate limits of the City of Corpus Christi, Texas or the legally constituted governing body of the City of Corpus Christi, its agents, employees, and its officers." SECTION 3. If for any reason any section, subsection, paragraph, subparagraph, subdivision, sentence, clause, or phrase of this ordinance or the technical construction codes is for any reason held to be unconstitutional, the decision shall not affect the validity of the remaining portions of this article or the technical construction codes, for it is the definite intent of this City Council that every section, subsection, paragraph, subparagraph, subdivision, sentence, clause, or phrase hereof be given full force and effect for its purpose. SECTION 4. Publication of this ordinance 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, Texas. SECTION 5. A violation of this ordinance or the requirements implemented under this ordinance constitutes an offense punishable as provided in Section 14-227 of the Code of Ordinances of the City of Corpus Christi, Texas. Signatures at next page H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2011 Agenda\6-28-11\Text Amend re14-223 & 14-202\6-16-110rd re 14-223 & 14- 202 text amend.DWB Final3 - 2read.docx —214— That the foregoing ordilan ce was read for the first time and passed to its second reading on this the „2S -day of 914,h;_ , 2011, by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb 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 , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED this the day of 2011. ATTEST: Armando Chapa City Secretary Joe Adame Mayor 4d APPROVED as to form: This day of June, 2011: eborah Walther Brew Assistant City Attorney For City Attorney H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2011 Agenda\6-28-11\Text Amend re14-223 & 14-202\6-16-11Ord re 14-223 & 14- 202 text amend.DWB Final3 - 2read.docx —215— 17 1114 CC rpos u5 Chnsti AGENDA MEMORANDUM for the City Council Meeting of July 12, 2011 DATE: July 19, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services E -Mail: Petean(a)_cctexas.com Work Phone: 826-3781 Resolution amending Council Policies relating to Capital Improvement Program, Budget, and projects. Also, Presentation, Public Hearing and First Reading of the Ordinance approving the Fiscal Year 2012 Capital Budget and Capital Improvement Planning Guide in the amount of $155,970,500. PURPOSE: A. Resolution amending Part II, Council Policies, of the Corpus Christi Code of Ordinances, to add five policies relating to (1) approval of the capital improvement plan; (2) capital project strategy; (3) utility costs associated with general obligation bond projects; (4) utility capital reserve funds; and (5) storm water capital projects, in accordance with Resolution No. 028994. B. Ordinance approving the Fiscal Year 2012 Capital Budget and Capital Improvement Planning Guide in the amount of $155,970,500. BACKGROUND AND FINDINGS: The proposed Resolution will amend Council Policies to strengthen the procedures, guidelines and strategies concerning the City's Capital Improvement Program. Staff has developed policy changes that reflect Council direction, fiscal stewardship and long-term project financing. (See Exhibit A) The City Charter requires City Council to review the recommendations of the Planning Commission and act on the Capital Budget on a yearly basis. A public hearing and Planning Commission review was held on Wednesday, July 6, 2011. No member of the public was present to speak during the public hearing and the Planning Commission unanimously recommended the City Council approve the FY 2012 Capital Budget and Capital Improvement Planning Guide as presented. ALTERNATIVES: None, this meeting and approval of the budget is required by City Charter. OTHER CONSIDERATIONS: None —219— FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue X CIP Page 2 of 3 FISCAL YEAR: 2010-2011 Prior Year (CIP Only) Current Year Future Years TOTALS Budget $0 $0 $0 $0 Encumbered/Expended Amt. $0 $0 $0 $0 This item $0 $0 $155,970,500 $155,970,500 BALANCE $0 $0 $155,970,500 $155,970,500 FUNDS (S): Comments: This item will strengthen and streamline the processes associated with the development of the City's yearly Capital Improvement Program. Additionally, it will approve the projects and appropriate the funds required to proceed with the Fiscal Year 2011 — 2012 Capital Improvement Program. Individual project considerations will come back to City Council for approval as new contracts are ready for authorization and before a new project proceeds. RECOMMENDATION: City staff recommends approval of this agenda item which must be completed on a routine basis for proper use of City funds and proper fiscal management. CONFORMITY TO CITY POLICY: Conforms to statutes regarding approval of the Capital Improvement Program Budget and Planning Guide EMERGENCY / NON -EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Office of Management and Budget LIST OF SUPPORTING DOCUMENTS: Exhibit A: Proposed City Council Policy Additions Exhibit B: PowerPoint Presentation on Policy Additions and FY 2012 Capital Improvement Program Budget and Planning Guide Fiscal Year 2012 City of Corpus Christ Capital Improvement Budget and Planning Guide —220— Page 3 of 3 Cc: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager —221— Exhibit A, Page 1 of 2 21. Approval of Capital Improvement Plan. Approval of the Capital Improvement Plan for the City's utilities by the City Council shall precede or at least coincide with the City Council's approval of the utilities operating budgets. The approval process for the Capital Improvement Plan for the utilities must include a review of the prior year's budgeted costs to actual amounts expended; forecasted capital costs, projected utility rate increases, and estimated operating cost impact. 22. Capital Project Strategy. The City Council shall adopt a long term capital project strategy which will be reviewed on an annual basis prior to the adoption of the City's Capital Improvement Plan. The capital project strategy must include, but is not limited to: (a) utilization of City -adopted master plans; (b) project analysis under industry standard risk assessment matrices; and (c) value engineering. 23. Utility Costs Associated with General Obligation Bond Projects. In an effort to minimize pressure on utility rates and increase transparency regarding the full cost of projects included in periodic voter -authorized bond proposals, all tax -supported projects included in the General Obligation voter -authorized bond proposals or other tax -supported projects will include funding for all utility needs from the tax -supported funding source. Further, should there be any subsequent amendments and/or change orders and/or additives to the General Obligation voter - authorized or other tax -supported bond projects, separate utility monies will be expressly prohibited from being used, unless expressly approved by the Assistant City Manager over Public Works. Additional funding, if required, must come from tax - supported funding (i.e., General Obligation Bonds, tax notes, Certificates of Obligation, etc.) 24. Utility Capital Reserve Funds. For the water, wastewater, gas and storm water utilities, any net assets of each utility operating fund (defined as that available at the close of the previous fiscal year as evidenced in the Comprehensive Annual Financial Report) in excess of targeted 3 - month operating reserves and other necessary reserves will be transferred to a separate capital reserve account for each utility. Reserves in this capital account shall be used only for the benefit of the utility from which the reserves originated for purposes of cash -funding capital projects. If expressly approved by the City Manager or designee, and from time to time, any available reserve amounts may be transferred back to that respective utility's operating fund to replenish operating reserves, but only in cases where that utility's revenues or expenses have been impacted by adverse Exhibit A C:\DOCUME-1\LYNDAS-1.CCP\LOCALS-1\Temp\XPgrpwise\Exhibit A for 071211 RESO adding policy re adoption of C.docx —222— Exhibit A, Page 2 of 2 changes due to weather, disaster, or other emergency condition and where the revenue bond coverage of that utility would not be adversely affected. 25. Storm Water Capital Projects. The City Council shall review the storm water capital projects and the burden that these projects place on the City's "inside city limits" water customers through the City's water rates. Exhibit A C:\DOCUME-1\LYNDAS-1.CCP\LOCALS-1 \Temp\XPgrpwise\Exhibit A for 071211 RESO adding policy re adoption of C.docx —223— CHOff Texas ORPC/US H -R,1 S T1 c%tof corpus chr%st% Council Resolution #028994 • Initiating the City Council's review and implementation of the revised policies to govern the adoption of the City's Capital Improvement Plan and use of the commercial paper program. SECTION 1. Prior to the adoption of the City's next Capital Improvement Plan, the City Council shall amend the Council Policies Part II of the Code of Ordinances to reflect the following practices: a. The Council shall replace the current Commercial Paper Program with a more formal bond or revenue note issuance that requires each project approved by Council to be authorized by funding amount and cost category (i.e., design, construction, inspection, etc.) Action Taken: Item A is addressed in Section 19 of the Council Policies Part 11 of the Code of Ordinances. Council Resolution #028994 b. The Council's approval of the Capital Improvement Plan for the City's utilities shall precede or at least coincide with the Council's approval of the utilities' operating budgets. The approval process for the Capital Improvement Plan for the utilities must include a review of the prior year's budgeted costs to actual amounts expended; forecasted capital costs, projected utility rate increases, and estimated operating cost impact. Action Taken: Proposed to be added as Section 21 of the Council Policies Part 11 of the Code of Ordinances. c. The Council shall develop, deliberate, and formally adopt a long term capital project strategy, including but not limited to valued engineering, that will be reviewed on an annual basis prior to the adoption of the City's Capital Improvement Plan. Action Taken: Proposed to be added as Section 22 of the Council Policies Part 11 of the Code of Ordinances. Council Resolution #028994 d. The Council shall adopt a policy regarding the funding of the utility costs associated with General Obligation bond projects. Action Taken: Proposed to be added as Section 23 of the Council Policies Part 11 of the Code of Ordinances. e. The Council shall develop and adopt a policy on the use of the City's capital reserve funds. Action Taken: Proposed to be added as Section 24 of the Council Policies Part II of the Code of Ordinances. f. The Council shall review the storm water capital projects and the burden on these projects place on the City's inside the city limits water customers through the City's water rates. Action Taken: Proposed to be added as Section 25 of the Council Policies Part II of the Code of Ordinances. Council Resolution #028994 SECTION 2. The City Manager shall manage the administration of the City's Capital Improvement Program, and shall publish a City policy that identifies the staff elements with the necessary authority and responsibility for providing the necessary supporting materials for the City Council and implementing the policies formally established by the City Council. Action Taken: City management is currently assessing the City's capital budgeting needs and will be forthcoming in making recommendations in this area. SECTION 3. The City Manager shall review the City's utility rate model and present recommendations to the City Council on how the use of the rate model can be optimized as a management tool for the City. Action Taken: A City Council presentation will be scheduled in September 2011 to discuss the utility rate model. Council Resolution #028994 SECTION 4. The City's Financial Advisor shall review the City's Capital Improvement Program to ascertain the potential impacts on the program of future public financing trends and the risks in the municipal securities market and report its recommendations to the City Council prior to the adoption of the City's next Capital Improvement Plan. Comments from Mark Seal with M. E. Allison and Company, Inc. • Interest rates are historically low. Now is a good time to issue bonds. It does not appear that the municipal bond market will be coming back to previous interest rates any time soon. • There is downward pressure from the rating agencies who look at factors like our capacity limitations; the fact that our rates are some of the highest in the State; and that the economy is not good, and so the City's utility revenue bonding rates may be lowered. CHOf Texas ORPC/US H -R,1 S T1 Submitted to the Planning Commission and City Council July 1, 2011 cit of11W:'corpus chri,sti, Capital Budget Approach • Projects included in the CIP budget are developed using master plans, studies, observation, and staff, council and citizen input. Each department proposes projects, determines the scope of work to be accomplished, develops estimates and prioritizes their proposals using a risk assessment matrix. • Focus on Council Directives and Goals and the Completion of Bond Projects • Continue with the development and implementation of the SSOI Program • Continue with the incremental improvements and upgrades to O.N. Stevens Water Treatment Plant • Continue pro -active approach for infrastructure replacement Capital Budget Highlights • Continued construction Broadway Wastewater Treatment Plant project • Includes construction of several Bond 2008 projects — Kostoryz Road (Horne to SPID) — Cole Park Improvements — Aquarius Street — Staples Street (Gollihar to Brawner) and (Williams to Saratoga) — Flour Bluff Drive (SPID to Don Patricio) • Design work, with construction in following years budgeted for LaVolle Creek Area Drainage Improvements • Design with construction to follow of the Padre Island Alternate Water Supply Route • Design of Park Road 22 • Construction of the Interim Ammonia Improvements at Oso Water Reclamation Plant • Design with construction to follow of the Runway Improvements at CCIA 2012 Funding Sources by Type: $156.OM (FY11 - $174M) (Amounts below in 000's) Commercial Paper/Revenue Bonds, $73,520.1, 47% Certificates of Obligation, $4,732.6, 3% Operating Transfers/Other, $4,776.3, 3% Bond Issue 2008 Proceeds, $43,462.3, 28% Bond Issue 2004 Proceeds, $1,400.0, 1% 4-A Corporation, $12,791.9, 8% FEMA Grant, $900.0, 1% Texas Military Revolving Loan Fund, $1,984.3, 1% FAA Grant, $7,219.0, 5% Tax Increment Financing District Revenue, $5,184.0, 3% 4 2012 Funding Uses by Program: $155,970.5 (Amounts in 000's) Public Health & Safety, $15,887.1, 10% Public Facilities, $2,614.3, 2% Parks & Recreation, $16,082.7, 10% Gas, $858.4, 1% Streets, $35,728.2, 23% Airport, $11,238.1, 7% Storm Water, $21,970.8, 14% Water, $17,117.6, 11% Wastewater, $34,473.3, 22% 5 Millions $200 $150 $100 $50 $0 r FY 2012 Other (FAA, Grants, 4A, etc.) G. O. Bonds 2004 REVENUES BY TYPE (3 Years) II 1 iir ili FY 2013 FY 2014 Grants G. O. Bonds 2008 Certificates of Obligation Comm. Paper/Rev. Bonds $200 $150 N C 0 2 $100 $50 so PROGRAM EXPENDITURES (3 Years) ..1M I 2 1 FY 2012 FY 2013 FY 2014 Gas Public Facilities Airport Public Health & Safety Parks & Recreation Water Storm Water Wastewater Streets Infrastructure Improvements, $5,282.5, 47% Airport Annual Capital Budget: $11,238.1 (Amounts in 000's) Building Improvements, $5,955.6, 53% Packery Channel Improvements,. $5,184.0, 32% Sunfish Island Nourishment and Breakwater , $3,300.0, 21% Parks and Recreation Annual CIP: $16,082.7 (Amounts in 000's) JFK Boat Ramps, $675.0, 4% Bond 2008 Park Projects $6,387.1 40% CDBG Projects, $411.6, 3% Grant Contributions, $125.0, 1% Public Facilities Annual Capital Budget $2,614.3 (Amounts in 000's) Greenwood Library, $1,314.3, 51% NW Library, $100.0, 4% Comprehensive Facilities Master Plan, $300.0, 11% American Bank Convention Center & Selena Auditorium, $900.0 34% Public Health & Safety Annual Capital Budget $15,887.1 (Amounts in 000's) Barge Dock, $8,700.0, 54% Salt Flats Levee, $791.9, 5%_ Health Department, $83.0, 1% Elliott Landfill, $389.0, 2% Cefe Valenzuela Landfill, $1,220.0, 8% Public Safety Warehouse, $775.0, 5% Fire Department Improvements, $3,578.8 23% Police Department Improvements, $349.4, 2% Streets Annual Capital Budget $57,056.7 (Amounts in 000's) Utility Costs, $21,328.5, 39% Contribution , $1,200.0, 2% Community Development Block Grant, $219.2, 1% Military Loan, $1,984.3. 3% Bond Issue 2008, $32,324.7, 56% 12 Gas Annual Capital Budget $858.4 (Amounts in 000's) Utility Relocation Costs, $190.0, 22% West Side Interior Loop, $288.8, 34% CC Ship Channel Crossing, $379.6, 44% 1.3 Storm Water Annual Capital Budget $21,970.8 (Amounts in 000's) Area Drainage Improvements, $2,450.0, 11% Ditch / Channel Improvements, $1,900.0, 9% Oso Tributary and Utility Relocations, Basin, $12,270.8, $1,900.0, 56% 9% Other, $800.0, 4% Outfall Projects to Support Bond 2008, $2,650.0, 12% 14 Utility Relocation Costs, $3,932.3, 11% Life Stations / Force Mains, $2,992.5, 9% Wastewater Annual CIP: $34,473.3 (Amounts in 000's) Allison Plant and Basin Imp., $285.4, 1% Other, $1,217.3, 4% New Broadway Plant and Basin Imp., $21,000.0, 61% SSOI Hydraulic Model, $1,100.0, 3% Oso Plant and Basin Improvements, $3,855.8, 11% Whitecap Plant and Basin Imp., $90.0, 0% 15 ON Stevens Plant Improvements, $6,644.7, 39% Water Annual CIP: $17,117.6 (Amounts in 000's) Utility Relocations, $4,935.4, Other, 29% $737.5, 4% Water Main Repair/Replacement, $1,600.0, 9% Water Supply, $3,200.0, 19% 10 Esti,wotteol Wates a IAA Wastewater Rates per Capi,taL Projects (cit) ow1V Year Water (Combined) Wastewater FY 2013 based on FY 12 CIP 3.6% 6.7% FY 2014 based on FY 13 CIP 3.9% 5.8% FY 2015 based on FY 14 CIP 2.3% 4.5% Please see Water (Combined) breakdown between Water and Storm Water on following page. area q,oloww of Esti,viA.ateol clP- owatc/, water rzates oetweew water stogy-vtn. water Year FY 2013 based on FY 12 CIP FY 2014 based on FY 12 CIP FY 2015 based on FY 12 CIP Water 1.3% 1.2% Storm Water As shown above, the driving factor of combined water rates is primarily due to Storm Water - with Bond 2008 Streets and Outfalls being a significant contributor therein. e/L/Lg' &ve�/Acth'i� Tuesday, July 12, 2011 Regular City Council Meeting- Capital Budget Presentation, Public Hearing, Council Discussion/1St Reading & Approval Tuesday, July 19, 2011 Regular City Council Meeting -Council Discussion & Approval Page 1 of 2 RESOLUTION AMENDING PART II, COUNCIL POLICIES, OF THE CORPUS CHRISTI CODE OF ORDINANCES, TO ADD FIVE POLICIES RELATING TO (1) APPROVAL OF THE CAPITAL IMPROVEMENT PLAN; (2) CAPITAL PROJECT STRATEGY; (3) UTILITY COSTS ASSOCIATED WITH GENERAL OBLIGATION BOND PROJECTS; (4) UTILITY CAPITAL RESERVE FUNDS; AND (5) STORM WATER CAPITAL PROJECTS, IN ACCORDANCE WITH RESOLUTION NO. 028994 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Council Policies, Part II of the Corpus Christi Code of Ordinances, is amended by adding the following new policies: Section 21, "Approval of Capital Improvement Plan;" Section 22, "Capital Project Strategy;" Section 23, "Utility Costs Associated with General Obligation Bond Projects;" Section 24, "Utility Capital Reserve Funds;" and Section 25, "Storm Water Capital Projects;" each of which a true copy is attached as Exhibit A and incorporated herein. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED AS TO LEGAL FORM: 06 -Jul -11 exowu-QtudAnK Veronica Ocanas Assistant City Attorney For City Attorney H:\LEG-DIR\Veronica0\1.ENG\1 AGENDA ITEMS \2011 \071211 \071211 RESO adding policy re adoption of CIP.docx -275- Page 2 of 2 Corpus Christi, Texas day of , 2011. The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott David Loeb H:\LEG-DIRWeronicaO\1.ENG\1 AGENDA ITEMS \2011 \071211 \071211 RESO adding policy re adoption of CIP.docx —276— ORDINANCE APPROVING THE FY 2012 CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING GUIDE IN THE AMOUNT OF $155,970,500. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the FY 2012 Capital Budget and Capital Improvement Planning Guide in the amount of $155,970,500 is hereby approved. A copy of the FY 2012 Capital Budget and Capital Improvement Planning Guide will be filed in the Office of the City Secretary. —277— That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of 2011. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: 0 30, ao I By: oevrr Lisa AguiAssistant City Attorney for the City Attorney —278— 18 Y1P1 Co B Christi AGENDA MEMORANDUM for the City Council Meeting of July 12, 2011 DATE: June 30, 2011 TO: Ronald L. Olson, City Manager FROM: Eddie Houlihan, Assistant Director of Management & Budget Eddieho@cctexas.com 361-826-3792 Amend Financial Policies to provide direction in preparation of the FY 2011- 12 Budget. PURPOSE: AMENDING FINANCIAL POLICIES ADOPTED BY RESOLUTION 028609 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE FY 2011-12 BUDGET. BACKGROUND AND FINDINGS: It is the City's practice to reaffirm its financial policy or to adopt new or modified policy annually in conjunction with budget preparation. These Policies serve as a basis for preparing the City's annual budget. In addition, these policies have helped to enhance financial management practices and have played a significant role in building the City' s unreserved fund balance. The attached Resolution amends the policies in effect. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A FINANCIAL IMPACT: X Not Applicable o Operating Expense o Revenue o CIP —281— FISCAL YEAR: Project to Date Exp. Current Year Future Years TOTALS (CIP Only) Budget Encumbered/Expended amount as of (DATE) 0 This item 0 0 0 BALANCE 0 0 0 0 FUND(5): Comments: The policy itself has no financial impact. RECOMMENDATION: Appoval of the Financial Policies as presented. CONFORMITY TO CITY POLICY: This Resolution is implementing Policy guidelines to be followed. EMERGENCY / NON -EMERGENCY: Resolution requiring 1 reading DEPARTMENTAL CLEARANCES: N/A LIST OF SUPPORTING DOCUMENTS: Resolution is attached. Cc: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Margie Rose, Assistant City Manager Oscar Martinez, Assistant City Manager —282— RESOLUTION AMENDING FINANCIAL POLICIES ADOPTED BY RESOLUTION 028609 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE FY 2011-12 BUDGET. WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: "Provide exceptional service to enhance the quality of life'; and WHEREAS, financial resources are budgeted to fulfill this commitment; and WHEREAS, it has been the City's goal to rebuild the General Fund balance to acceptable levels, a goal which was expressly stated in past policies with targets for accomplishing that goal; and WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965, modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy in May 1999 by Resolution No. 023657; reaffirmed the Financial Policy in May 2000 by Resolution No. 024044; reaffirmed the Financial Policy in May 2001 by Resolution No. 024455; reaffirmed the Financial Policy in May 2002 by Resolution No. 024863; reaffirmed the Financial Policy in April 2003 by Resolution No. 025280; reaffirmed the Financial Policy in April 2004 by Resolution No. 025737; and reaffirmed the Financial Policy in May 2005 by Resolution 026265; and reaffirmed the Financial Policy in January 2006 by Resolution 026605; amended the Financial Policy in April 2008 by Resolution 027683; amended the Financial Policy in May 2009 by Resolution 028176; and amended the policy in May 2010 by Resolution 028609; WHEREAS, as a result of those policies, the City has achieved its goal for the General Fund balance and desires now to articulate a strategy to maintain that balance and to utilize any surplus balance to provide for enhanced financial stability in future years; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt new or modified policy annually in conjunction with preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The Financial Polices adopted by Resolution 028609 are amended to read as follows: Section 1. Development/Effective Date of Financial Policy. This Financial Policy reaffirms and amends the financial policies adopted beach year by the City Council since 1997. This Financial Policy is made part of the City Comprehensive Policy Manual. The City Manager is directed to prepare the FY 2011-12 proposed budget in —283— accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. Section 2. Current Revenues Equal/Exceed Current Expenditures. Current General Fund operating revenues will equal or exceed current budgeted expenditures. Section 3. Committed Fund Balance Rcscrvo/Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund committed unrccerved fund balance. Accordingly it_ -is the goal of the City Council to build and maintain a reserve in the General Fund committed unrecerved fund balance which totals at least ten (10%) percent of total annual General Fund appropriations. At the end of each fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be 10% of total annual General Fund appropriations will be designated as RcccrvoCommitted for Major Contingencies, and set up in a separate account. The remaining balance in the unreserved fund balance will be considered excess, and available for use in accordance with this section. The City Manager shall report on the status of compliance with this ten (10%) percent policy at least annually as part of the budget process. Uncommitted LInclesignatect fund balance in excess of the ten percent policy requirement may be recommended for expenditure on one-time improvements, deferred maintenance, lifecycle replacement, and/or capital items with a priority on infrastructure and equipment which will reduce the need for future debt or avoid future maintenance costs. Such expenditures shall be subject to the normal appropriations and expenditure approval process applicable to all other funds. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the committed funds_ in the receive. The City Manager shall note these situations to the City Council as soon as the information is known. Amounts that can be used for specific purposes pursuant to constraints imposed by formal action of the City Council will be reported as committed fund balance. Those committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified use by taking the same type of action it employed to previously commit those amounts. Committed fund balance will also incorporate contractual obligations to the extent that existing resources in the fund have been specifically committed for use in satisfying those contractual requirements. Section 4. Property Tax Rate for Operations and Maintenance. The Proposed Budget for FY 2011-2012 shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "effective tax rate" for maintenance and operations. -284- Section 5. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 6. Operating Contingencies. The City Manager is directed to budget at least $200,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. The City Manager is directed to budget similar operating contingencies as expenditures in enterprise, internal service and special revenue funds of the City. Section 7. Multi -Year Financial Forecasting. The City will maintain a five-year financial plan for the General Fund to anticipate potential budget imbalances and unfavorable revenue or expenditure trends, thus allowing for the identification of budgetary gaps long before they develop into fiscal crises. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of action plans necessary for the accomplishment of City short term or long term goals. These action plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and/or rate models for enterprise operations. Section 8. Multi-year Budget Model. Preparation of annual budget will include model for years two and three, with specific revenue and expenditure assumptions. aSestion-liSection 9. Revenue Enhancement. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined in Sections 2 and 4, every effort will be made to base rates on a cost of service model so costs incurred for certain services are paid by the population benefiting from such services. nnual Financial Rom Section 10. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. -285- Section 11. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one-time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 12. Debt Management. The City Manager shall adhere to the Debt Management Policy adopted by Resolution 028902 adopted by the City Council on December 14, 2010. Section 13. Capital Improvement Plans/Funding. The annual Capital Improvement Plan shall follow the same cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long range capital improvement plans. For the three-year short term plan, projects include any projected incremental operating costs for programmed facilities. The long range plan extends for an additional seven years, for a complete plan that includes ten years. Short-term plan projects must be fully funded, with corresponding resources identified. As part of a concerted effort to reduce debt levels and improve financial flexibility, the City shall pursue pay-as-you-go capital funding where possible. Section 14. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost efficient method to deliver services to the citizens of Corpus Christi. Efforts to identify the most cost efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public." Section 15. Zero Based Budgeting process. To prepare the General Fund operating budget, the City shall utilize the Zero Based Budgeting process. The staff shall be accountable for utilizing the Zero Based Budgeting process comprehensively for all General Fund department budgets. Consideration may be given to expanding the Zero Based Budgeting process to Non -General Fund Departments if deemed appropriate by the City Manager. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: June 30, 2011 Lisa Aguilar Assistant City Attorney for City Attorney Joe Adame Mayor —286— Corpus Christi, Texas of 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott —287— 19 ..City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of July 12, 2011 DATE: June 30, 2011 TO: Ronald L. Olson, City Manager FROM: Eddie Houlihan, Assistant Director, Management & Budget eddieho(�cctexas. com 826-3792 Adoption of the City of Corpus Christi FY 2012 Budget and ratifying increase of $1,058,875 in property tax revenues from last year's operating budget. PURPOSE: A. Ordinance adopting the City of Corpus Christi budget for the ensuing fiscal year beginning August 1, 2011; to be filed with the County Clerk; appropriating monies as provided in the budget; and providing for severance. B. Ordinance to ratify increase of $1,058,875 in property tax revenues from last year's operating budget as reflected in the 2011-2012 operating budget. FINANCIAL IMPACT: (Fill out chart - see instructions below) o Not Applicable x Operating Expense x Revenue ❑ CIP FISCAL YEAR: 2011-2012 (CIP Only) Year Years TOTALS Budget 662,453,261 Encumbered/Expended amount as of 6/30/11 0 0 This item 0 0 0 BALANCE 0 0 662,453,261 0 FUND(5): All Comments: Total proposed expenditures are $662,453,261 and total proposed revenues are $681,126,676 which includes an increase of $1,058,875 in property tax revenues over the prior year. RECOMMENDATION: Approval of Ordinance as submitted. —291— CONFORMITY TO CITY POLICY: 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. EMERGENCY/NON-EMERGENCY: Item requires two readings. Second Reading is scheduled on July 19, 2011. DEPARTMENTAL CLEARANCES: N/A LIST OF SUPPORTING DOCUMENTS: Ordinance adopting budget Ordinance ratifying increase in property tax Attachment A — Schedule of Adjustments Cc: Lisa Aguilar, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Oscar Martinez, Assistant City Manager Margie C. Rose, Assistant City Manager —292— AN ORDINANCE ADOPTING THE CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1, 2011; 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, 2011, and ending July 31, 2012, 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 $662,453,261 and estimated revenues amounting to $681,126,676 for the Fiscal Year beginning August 1, 2011, and ending July 31, 2012, 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:\LEG-DIR\Lisa\2011 Ordinance\FY11-12 Budget.doc —293— Police officer and senior police officer- 391* Police Lieutenant - 37 Police Captain -15 Police Commander - 5 Assistant Police Chief - 2 Police Chief - 1 FY11-12 TOTAL 451 * These positions are interchangeable. Any police officer may become, a senior police officer after 60 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 FY11-12 TOTAL 414 *This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which temporary increase shall be reduced to authorized strength through attrition. SECTION 5. That upon final passage of this budget ordinance, a true certified copy of this same ordinance shall be transmitted by the City Manager to the County Clerk of Nueces County, Texas, pursuant to Section 102.011, Texas Local Government Code. The budget shall also be part of the archives of the City. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision in this ordinance be given full force and effect for its purpose. H:1LEG-DIR\Lisa12011 Ordinance\FY11-12 Budget.doc —294— ORDINANCE TO RATIFY INCREASE OF $1,058,875 IN PROPERTY TAX REVENUES FROM LAST YEAR'S OPERATING BUDGET AS REFLECTED IN THE 2011-2012 OPERATING BUDGET. Whereas, Section 102.007 (c) of the Texas Local Government Code provides that adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget and that a vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council ratifies the increase of $1,058,875 in property tax revenues from last year's operating budget as reflected in the 2011-2012 Operating Budget. —295— That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: .-.. 30, ao t By: s.witi Lisa Aguilar(.,ssistant City Attorney for the City Attorney —296— Attachment A - Schedule of Adjustments City of Corpus Christi Amendment to the FY 2011-2012 Proposed Budget TOTAL PROPOSED REVENUES 681,189,756 TOTAL PROPOSED EXPENDITURES 662,056,341 Hotel Occupancy Tax Fund - 1030 Proposed Expenditures $ 10,366,857 Adjustments: Increase Art Museum of South Texas 170,000 Increase Botanical Gardens 20,000 Increase Beach Cleaning 270,000 Total Adjusted Expenditures $ 10,826,857 Crime Control & Prevention District Fund - 9010 Proposed Expenditures $ 5,311,145 Adiustments: Decrease Grafitti Eradication Program (63,080) Total Adjusted Expenditures $ 5,248,065 Proposed Revenues Adiustments: Reduce CCPD Sales Tax Total Adjusted Revenues $ 5,462,211 (63,080) $ 5,399,131 TOTAL AMENDED PROPOSED REVENUES TOTAL AMENDED PROPOSED EXPENDITURES -297- 681,126,676 662,453,261 20 City of Corpus _ = Christi Jnr AGENDA MEMORANDUM for the City Council Meeting of July 12, 2011 DATE: July 7, 2011 TO: Ronald L. Olson, City Manager FROM: Joan McKaughan, Interim Director of Human Resource joanm@cctexas.com 361-826-3306 PURPOSE Annual review of Chapter 39 Article III Personnel Ordinance completed. Revisions to Executive Pay Plan, Vacation Leave Cash -In, Sick Leave Cash -In, and Personal Leave provisions. AMENDING CODE OF ORDINANCES, CHAPTER 39, PERSONNEL, ARTICLE III EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM, TO REVISE SECTION 39-303 BY DELETING PROVISION TO MAINTAIN 5% DIFFERENTIAL ABOVE EMPLOYEES SUPERVISED BY SELECT POSITIONS IN PAY PLAN 400; TO REVISE SECTION 39-304 BY ADDING CITY AUDITOR'S OFFICE; TO REVISE SECTIONS 39-329, 39-332, 39-345, AND 39-347 REGARDING VACATION LEAVE; TO REVISE SECTIONS 39-340 AND 39-354 REGARDING SICK LEAVE; TO REVISE SECTION 39-366 BY ADDING PERSONAL LEAVE HOURS ARE NOT PAID OUT AT TERMINATION; 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. BACKGROUND AND FINDINGS: Executive Pay Plan revision: In July 2009, Pay Plan 400 Executives was revised to include a provision to maintain salaries for select positions in the Pay Plan at a minimum of five percent (5%) above the salary of the highest paid employee whom they supervisor in their department. The positions included were as follows: Grade 423 Deputy City Manager Grade 422 Assistant Police Chief, First Assistant Fire Chief Grade 421 Assistant City Manager Grade 420 City Attorney, Director of Water Operations Grade 419 Director Grade 418 Deputy Director Grade 417 Assistant Director —301— This ordinance revision will delete the language noted above. While the current language establishes a set methodology for preventing compression between the pay of employees in these positions and the employee's they supervise, it also leaves the City Manager with no discretion regarding executive pay in this regard. Chapter 39 Article III provides the following direction and authority to the City Manager regarding pay. Section 39-300 Policy It is the policy of the city, consistent with sound budgetary management, to continuously manage the compensation and classification system to maintain internal equity between classes of jobs, and to provide competitive pay and benefits in order to attract and retain a high quality workforce. To the extent possible, given the resources available through the budget, the city's goal for competitive pay is to maintain pay plan midpoints, sub -zone and step pay rates at one hundred (100) per cent of market rates. The City Manager is directed to manage the personnel system to achieve these goals. Section 39-306 Administration of Employee Classification and Compensation System Consistent with the annual budget, the city manager is authorized to and shall: (a) Administer the city's employee classification and compensation system in accordance with this article and all applicable law; (b) Manage the system to continuously maintain internal equity and market competitiveness; (c) Create, modify, and discontinue positions as necessary to best provide services to the citizens of the community, place those positions in the appropriate pay plan established by this article, reclassify positions to preserve equity, and maintain a current listing of positions in the human resources department; (d) Develop and implement rules for pay advancement within ranges and upon promotion or transfer; (e) Develop and maintain systems to evaluate and compensate employees based on performance; (f) Make recommendations to the city council regarding changes needed to this article and other ordinances governing personnel matters; (g) Make recommendations to the city council regarding compensation, consistent with sound fiscal practices. Section 39-317 Compensation for Police Chief and Fire Chief The City Manager may grant compensation as set out in chapter 143 of the Texas Local Government Code and/or the respective collective bargaining agreements in order to ensure that the positions of police chief and fire chief are competitive. As the City Manager is directed by and/or granted authority by these provisions, the language proposed to be removed is not required. -302- Classified Service revision: This revision is to define all positions in the City Auditor's office as exempt from classified service, as are all positions in the Mayor's and City Secretary's office. Vacation and Sick Leave Cash -In revisions: In January 2010, given budgetary constraints the vacation cash -in and sick leave cash -in provision was temporarily suspended for general employees. This suspension was not intended to be permanent. The cash -in program was not suspended for Police and Fire employees due to provisions of the collective bargaining agreements. The continued suspension of the vacation cash -in and sick leave cash -in provision for general employees, while Police and Fire covered by collective bargaining agreement continues, is negatively impacting morale and lends itself to the question of fairness. Most significantly, vacation accrual balances are growing, and in some cases, because of work scheduling, more hours are being approved for carry-over into the next year, increasing the City's liability to be paid at some point. Scheduling of Vacation Leave and Personal Leave revisions: The changes to these sections are for clean-up and clarification purposes. OTHER CONSIDERATIONS: None FINANCIAL IMPACT: o Not Applicable p g p X O eratin Ex ense o Revenue ❑ CIP FISCAL YEAR Project to Date Exp (CIP only) Current Year Future Years Totals Budget Encumbered/Expended amount as of (Date) This Item $447,000 $447,000 Balance Funds: Comments: Allowing vacation cash -in, as per ordinance, for general employees would result in approximately $430,000 in costs to the budget, of which approximately $200,000 would be in the General Fund. Allowing sick leave cash -in, as per ordinance, for general employees would result in approximately $17,000 in costs to the budget, of which approximately $6,500 would be in the general fund. -303- RECOMMENDATION: Staff recommends approval of the ordinance to revise the City's Code of Ordinances Chapter 39 Article III, as presented. CONFORMITY TO CITY POLICY: This is a revision to the City's Code of Ordinances Chapter 39 Article III. EMERGENCY / NON -EMERGENCY: This ordinance requires two readings. DEPARTMENTAL CLEARANCES: The costing of vacation cash -in and sick leave cash -in for general employees was developed by the Financial Services Department payroll division. LIST OF SUPPORTING DOCUMENTS: A copy of the proposed revisions is attached. c: Carlos Valdez, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie Rose, Assistant City Manager Oscar Martinez, Assistant City Manager -304- ORDINANCE AMENDING CODE OF ORDINANCES, CHAPTER 39, PERSONNEL, ARTICLE III EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM, TO REVISE SECTION 39-303 BY DELETING PROVISION TO MAINTAIN 5% DIFFERENTIAL ABOVE EMPLOYEES SUPERVISED BY SELECT POSITIONS IN PAY PLAN 400; TO REVISE SECTION 39-304 BY ADDING CITY AUDITOR'S OFFICE; TO REVISE SECTIONS 39-329, 39-332, 39-345, AND 39- 347 REGARDING VACATION LEAVE; TO REVISE SECTIONS 39-340 AND 39-354 REGARDING SICK LEAVE; TO REVISE SECTION 39-366 BY ADDING PERSONAL LEAVE HOURS ARE NOT PAID OUT AT TERMINATION; REPEALING ALL OTHER ORDINANCES, AND RULES, OR PARTS OF ORDINANCES AND RULES, IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR EFFECTIVE DATE AND PROVIDING FOR SEVERANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-303, is amended to read as follows: ARTICLE III. EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM Sec. 39-303. Standard classifications, pay grades, and ranges. (e) Pay Plan 400. Pay Plan 400 will include positions at the highest level of decision- making and responsibility. The pay grades and ranges for positions in Pay Plan 400 are as follows: Pay Plan 400 Executives FLSA Overtime Ineligible 2.5% Effective 11/24/2008 Grade Minimum Midpoint Maximum 410 $26,254 $34,096 $41,938 411 33,586 46,565 59,544 412 36,609 50,756 64,903 413 40,107 55,604 71,100 414 44,337 61,469 78,601 415 49,236 68,261 87,287 416 55,171 76,487 97,803 —305— Pagel of 7 417 62,092 86,086 110,079 418 69,445 96,279 _ 123,113 419 70,197 97,320 124,433 420 78,476 108,797 139,118 421 79,357 110,020 140,683 422 87,963 99,021 110,079 423 89,712 124,378 159,043 424 100,671 112,557 124,443 430 City Manager No Range This includes a 2.5 per cent range adjustment in address market position effective 11/24/2008, and a 2.5% pay increase for each employee in Pay Plan 400 effective 11/24/2008. 123 D .t. Crit, ManageF 419 Director 418 Deputy Director 417 Assistant Dircctor SECTION 2. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-304, is amended to read as follows: Sec. 39-304. Classified service defined. (a) The classified service includes all positions not exempted in this section. The following are exempt from the classified service and, therefore, are not covered by rules and regulations of the civil service board: (1) All positions within the following pay plans: Pay Plan 1000 (Engineers/Engineering Services), Pay Plans 800 and 700 (Information Technology), Pay Plan 600 (Exempt), Pay Plans 500(a) and (b)(Legal), Pay Plan 400 (Executives), Pay Plan 300 (Police and Fire Managerial), and Exempt employees of Pay Plan HTH Health District. —306 -- Page 2 of 7 (2) All positions in the mayor's office, and all positions in the city secretary's office, and city auditor's office. (3) Any position that functions as the principal secretary or assistant to the city manager, assistant city manager, executive director, municipal court judge, department director, assistant department director, city secretary, city attorney, assistant city attorney. (4) Temporary employees. (5) All members of the police and fire collective bargaining unit. (b) Any employee serving in a position not included in the classified services serves at will, at the pleasure of the city manager (or the city council if appointed by the city council), and will have and continue such at -will status notwithstanding any other ordinance, rule, or regulation of the city. No officer or employee of the city may waive or modify the at -will status of any position described in this section. Provided, however, police and fire positions are governed by collective bargaining agreements and state law as to job status. SECTION 3. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-329, is amended to read as follows: Sec. 39-329. Plan 1 scheduling of vacation leave. Each department shall keep necessary records of vacation leave accumulated and shall schedule vacation leave giving consideration to operational need and priority, and when scheduling conflicts arise, to employees with seniority. Official city holidays occurring during an employee's vacation shall not be considered or charged as a part of the employee's vacation. Vacation leave must be requested and approved in advance. SECTION 4. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-332, is amended to read as follows: Sec. 39-332. Plan I cash -in of vacation leave. (a) Plan I employees with more than one hundred twenty (120) hours of accrued vacation, or if base hours are less than forty (40) hours per week, on a prorated basis, except for airport public safety officers who work shifts of twenty-four (24) hours on and forty-eight —307— Page 3 of 7 1 (48) hours off, will be allowed to 'bash -in" accrued vacation hours at the rate of eight (8) hours of equivalent pay for each eight (8) hours of vacation actually taken off during the calendar year, up to a maximum of forty (40) hours. (1) Plan 1 employees, as eligible per items (a) above, who have completed twenty (20) years of service with the city, beginning the twenty-first year, will be allowed to "cash - in" an additional eight (8) hours of accrued vacation for an additional eight (8) hours actually taken off during the calendar year, or if base hours are less than forty (40) hours per week, on a prorated basis. (b) Plan I airport public safety officers who work shifts of twenty-four (24) hours on and forty-eight (48) hours off, who accumulate more than one hundred eighty (180) hours of vacation, will be allowed to "cash -in" vacation hours at the rate of twelve (12) hours of equivalent pay (equal to one day) for each twelve (12) hours of vacation actually taken off during the calendar year, up to a maximum of sixty (60) hours. (1) Plan I airport public safety officers, as eligible per items (b) above, who have completed twenty (20) years of service with the city, beginning the twenty-first year, will be allowed to "cash -in" an additional twelve (12) hours of accrued vacation for an additional twelve (12) hours actually taken off during the calendar year. SECTION 5. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-340, is amended to read as follows: Sec. 39-340. Plan I cash -in of sick leave. This section is suspended effective February 1, 2010 due to budgetary constraints. When (a) A Plan I employee, except for airport public safety officers who work shifts of twenty- four (24) hours on and forty-eight (48) hours off, who has at least two hundred forty (240) hours of accumulated sick leave, or if base hours are less than forty (40) hours per week, on a prorated basis, and who has not taken any hours of sick leave in the previous calendar year may cash in up to forty-eight (48) hours of accumulated sick leave in a calendar year, or if base hours are less than forty (40) hours per week, on a prorated basis, at fifty (50) per cent of salary or hourly rate of pay. (b) An airport public safety officer who works shifts of twenty-four (24) hours on and forty-eight (48) hours off and who has at least three hundred sixty (360) hours of accumulated sick leave, and who has not taken any sick leave in the previous calendar, may cash in up to seventy-two (72) hours of accumulated sick leave in a calendar year, at fifty (50) per cent of salary or hourly rate of pay. —308— Page 4 of 7 SECTION 6. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-345, is amended to read as follows: Sec. 39-345. Plan II scheduling of vacation leave. Each department shall keep necessary records of vacation leave accumulated and shall schedule vacation leave giving consideration to operational need and priority, and when scheduling conflicts arise, to employees with seniority, operational needs, and, if possible, with requests of the employocc. Official city holidays occurring during an employee's vacation shall not be considered or charged as a part of the employee's vacation. Use of vacation accrual that exceeds two hundred forty (240) consecutive working hours during a calendar year shall require approval by the department head, or designee. Vacation leave must be requested and approved in advance. SECTION 7. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-347, is amended to read as follows: Sec. 39-347. Plan II cash -in of vacation leave. This section is suspended effective February 1, 2 --budgetary constraints. When economic conditions of the city improve, the city manager is authorized to lift the suspension. Plan II employees with more than two hundred forty (240) hours of accrued vacation shall be allowed to "cash -in" accrued vacation hours at the rate of eight (8) hours of equivalent pay for each eight (8) hours of vacation taken off during the calendar year, up to a maximum of forty (40) hours. Plan II employees, who have completed twenty (20) years of service with the city, beginning the twenty-first year, will be allowed to "cash -in" an additional eight (8) hours of accrued vacation for an additional eight (8) hours actually taken off during the calendar year. SECTION 8. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-354, is amended to read as follows: Sec. 39-354. Plan II cash -in of sick leave. This section is suspended effective February 1, 2010 due to b dgotary constraints. When economic conditions of the city improve, the city manager is authorized to lift the suspension. A Plan II employee who has at least seven hundred twenty (720) hours accumulated sick —309— Page 5 of 7 leave and who has not taken any sick leave in the previous calendar year, may cash -in up to forty-eight (48) hours of accumulated sick leave in a calendar year at fifty (50) per cent of salary or hourly rate of pay. SECTION 9. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-366, is amended to read as follows: Sec. 39-366. Personal leave. (a) Effective August 1 of each year, each full-time employee shall receive forty (40) hours of personal leave to be used under guidelines promulgated by the city manager, or designee, except for airport public safety officers who work shifts of twenty-four (24) hours on and forty-eight (48) hours off, who shall receive sixty (60) hours of personal leave. (b) Personal leave hours must be requested and approved in advance like vacation accrual, but are non -cumulative. (c) Personal leave must be taken within the fiscal year received. (d) Personal leave may be used within the first six (6) months of employment with the city. (e) Personal leave hours are not paid out at termination. SECTION 10. This Ordinance is effective upon final adoption by the City Council. Revisions within this Ordinance will become effective August 1, 2011. SECTION 11. 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. —310— Page 6 of 7 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form: jr:h/ 7a0/l nnifer A. Knox -Walker Assistant City Attorney for the City Attorney Joe Adame Mayor —311— Page 7 of 7 21 City of ■ Corpus Chnsti AGENDA MEMORANDUM for the City Council Meeting of July 12, 2011 DATE: June 30, 2011 TO: Ronald L. Olson, City Manager FROM: Eddie Houlihan, Assistant Director, Management & Budget& eddieho@cctexas.com 826-3792 Various ordinances/resolutions adjusting fees/rates included in the FY 2011-12 Proposed Budget. PURPOSE: A. AMENDING SECTIONS 55-50, 55-54, and 55-56, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING WATER RATES FOR FISCAL YEAR 2011/2012; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. B. ORDINANCE AMENDING SECTIONS 12-108, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING SUNRISE BEACH RECREATION SITE RATES FOR FISCAL YEAR 2011/2012; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. C. ORDINANCE REVISING THE TITLE OF ARTICLE VII, CHAPTER 55, CODE OF ORDINANCES; AMENDING SECTION 55-100, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, SETTING THE WASTEWATER RATES FOR FISCAL YEAR 2011/2012; ESTABLISHING THE PROCEDURES FOR THE FISCAL YEAR 2011/2012 OF THE WASTEWATER RATES; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. D. 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 2011-2012; PROVIDING FOR PUBLICATION; PROVIDING FOR EFFECTIVE DATE; AND PROVIDING FOR SEVERANCE. E. ORDINANCE AMENDING SECTION 2-79 OF THE CODE OF ORDINANCES, BY AUTHORIZING AN ANNUAL NONRESIDENT LIBRARY FEE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense -315- ❑ Revenue o CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget Encumbered/Expended amount as of (DATE) 0 This item 0 0 0 BALANCE 0 0 0 0 FUND(S): Comments: This item has no financial impact on the budget. RECOMMENDATION: Approval of the Ordinances as submitted. CONFORMITY TO CITY POLICY: Ordinances/Resolution comply with City Policy. EMERGENCY/NON-EMERGENCY: Item requires two readings. Second Reading is scheduled on July 19, 2011. DEPARTMENTAL CLEARANCES: Water Wastewater Parks and Recreation Library LIST OF SUPPORTING DOCUMENTS: Ordinance amending various sections regarding Water Rates Ordinance amending various sections regarding Sunrise Beach Rates Ordinance amending various sections regarding Wastewater Rates Resolution authorizing adjustment of Parks & Recreations Fees Ordinance amending section regarding Library Fees Cc: Lisa Aguilar, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Oscar Martinez, Assistant City Manager Margie C. Rose, Assistant City Manager -316- Page 1 of 15 ORDINANCE AMENDING SECTIONS 55-50, 55-54, and 55-56, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING WATER RATES FOR FISCAL YEAR 2011/2012; 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 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"): Meter Size (Inches) August-1140141-te4u1Y41744-14 August 1, 2011 to July 31, 2012 Residential 5/8-- 3/4 $ 8.72 Commercial 5/8-- 3/4 12.58 Residential and Commercial 1 18.87 1 1/2 31.46 2 62.90- 3 100.64 4 201.29 6 314.52 8 and larger 629.03 Large Volume Any size 16,349.00 2011-2012 WATER RATE ORDINANCE 06302011A -317- Page 2 of 15 Temporary construction August 47-201-0-40401Y4174014 1 18.87 1 % 31.46 2 62.90 "2. Outside city limits ("OCL"): Meter Size (Inches) August 47-201-0-40401Y4174014 August 1, 2011 to July 31, 2012 Residential 518--% $10.46 Commercial 518 -- % 15.10 Residential and Commercial 1 22.64 1 '% 37.75 2 75.48 3 120.77 4 241.55 6 377.42 8 and larger 754.84 Large Volume Any size 27,279.00 Temporary construction 1 22.64 1 % 37.75 2 75.48 2011-2012 WATER RATE ORDINANCE 06302011A -318- Page 3 of 15 "b. Untreated water customers. 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 $237.70, the customer shall be billed $237.70, unless a valid water supply contract between the customer and city that was executed prior to January 1, 1997, provides for a minimum annual payment. If a valid water supply contract between the customer and city executed prior to August 1, 2000, provides for a minimum annual payment, the customer shall pay the minimum annual payment under the contract. "c. Blended water customers. August 2010 t_w_ July 4.7 201 A August 1, 2011 to July 31, 2012 Any size Minimum monthly service charge, water districts/municipalities with raw water supply contracts executed after January 1, 1997 4.$ 390.28' Minimum monthly service charge for public agency for resale untreated water without a raw water supply contract executed after January 1, 1997 237.70 Minimum monthly service charge, industrial 390.28 Minimum monthly service charge, domestic 13.00 Minimum annual service charge, domestic 130.09 Minimum monthly service charge, agricultural irrigation water service 195.00 Minimum monthly service charge, temporary construction water service 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 $237.70, the customer shall be billed $237.70, 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 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. 2011-2012 WATER RATE ORDINANCE 06302011A —319— August 1,2010 to ,1..34 201 August 1, 2011 to July 31, 2012 Any size $ 27,279.00 2011-2012 WATER RATE ORDINANCE 06302011A —319— Page 4 of 15 "(2) Monthly volume charges per 1,000 gallons. "a. Residential rate. "1. Inside city limits: se the minimum charges in subsection (a)(1). "2. Outside city limits: August 47-2040-404‘4417-2014 August 1, 2011 to July 31, 2012 August 1, 2011 to July 31, 2012 First 2,000 Gallons Minimum* Next 4,000 Gallons $ 3.412' $ 1.613 $ 3.758 Next 4,000 Gallons 4.302 4.698 Next 5,000 Gallons 4..948 5.402 Next 15,000 Gallons 6.023 6.577 Next 20,000 Gallons 7.314 3.891 7.986 Next 50,000 Gallons 7..860 8.690 Over 100,000 Gallons 8,605 9.395 se the minimum charges in subsection (a)(1). "2. Outside city limits: 2011-2012 WATER RATE ORDINANCE 06302011A —320— August 2010 to 1. l . 34 2014 August 1, 2011 to July 31, 2012 First 2,000 Gallons Minimum" Next 4,000 Gallons $ 1.613 $1.831 Next 4,000 Gallons 2.016 2.289 Next 5,000 Gallons 2,349 2.632 Next 15,000 Gallons 2.823 3.205 Next 20,000 Gallons 3,428 3.891 2011-2012 WATER RATE ORDINANCE 06302011A —320— Page 5 of 15 Next 50,000 Gallons 3.730 August 1, 2011 to July 31, 2012 First 2,000 Gallons 4.235 Minimum* Over 2,000 Gallons Over 100,000 Gallons 4.032 4.578 se the minimum charges in subsection (a)(1). "b. Commercial rate. "1. Inside city limits: se the minimum charges in subsection (a)(1). "2. Outside city limits: August 40111 to 1..l. 4-1 2014 August 1, 2011 to July 31, 2012 First 2,000 Gallons First 2,000 Gallons Minimum* Over 2,000 Gallons $-4,302 $ 4.678 se the minimum charges in subsection (a)(1). "2. Outside city limits: se the minimum charges in subsection (a)(1). "c. Golf course and athletic field irrigation water inside City limits: August A 2010 to July 4.1 2044 August 1, 2011 to July 31, 2012 First 2,000 Gallons First 2,000 Gallons Minimum* Over 2,000 Gallons $ 2.383 $ 2.560 se the minimum charges in subsection (a)(1). "c. Golf course and athletic field irrigation water inside City limits: se the minimum charges in subsection (a)(1) for ICL 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: 2011-2012 WATER RATE ORDINANCE 06302011A —321— Au9ust-174040-40JulY4-17-20-14 August 1, 2011 to July 31, 2012 First 2,000 Gallons Minimum* Over 2,000 Gallons $ 2.216 $ 2.594 se the minimum charges in subsection (a)(1) for ICL 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: 2011-2012 WATER RATE ORDINANCE 06302011A —321— Page 6 of 15 se 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: August 1,2010 t.. 1..1.. 94 9044 August 1,2011 toJuly 31,2012 First 2,000 Gallons Minimum* Over 2,000 Gallons $44124 $ 0.879 se 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 -47-20-1-040-41:4-347-2414 August 1, 2011 to July 31, 2012 First 2,000 Gallons Minimum* Over 2,000 Gallons $44.65 $ 1.551 *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: *Use the minimum charges in subsection (a)(1). 2011-2012 WATER RATE ORDINANCE 06302011A —322— August 1,2010 t.. 1uly 94 9041 August 1, 2011 to July 31, 2012 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $ 2.517 $ 3.010 *Use the minimum charges in subsection (a)(1). 2011-2012 WATER RATE ORDINANCE 06302011A —322— Page 7 of 15 "2. Outside city limits: se 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: August 2010 4.. 1uly 4d 201 d August 1, 2011 to July 31, 2012 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $1.455 $ 1.551 se 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: se the minimum charges in subsection (a)(1). "2. Outside city limits: Aug st A 9fl.lfl to 1..1..4-1 2plA August 1, 2011 to July 31, 2012 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $-2,27-8 $ 2.143 se the minimum charges in subsection (a)(1). "2. Outside city limits: se the minimum charges in subsection (a)(1). "3. Peaking factor. [To be determined.] 2011-2012 WATER RATE ORDINANCE 06302011A —323— August 1 9010 4o 41 ul 7 s2014 August 1, 2011 to July 31, 2012 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $ 0.071 $ 0.059 se the minimum charges in subsection (a)(1). "3. Peaking factor. [To be determined.] 2011-2012 WATER RATE ORDINANCE 06302011A —323— Page 8 of 15 "g. Temporary water service. "1. Treated water. "A. Inside city limits: se the minimum charges in subsection (a)(1). "B. Outside city limits: August 1 2010 t., I„1., 91 9/111 August 1, 2011 to July 31, 2012 First 2,000 Gallons Minimum* Over 2,000 Gallons $A,580 $ 4.678 $ 2.560 se the minimum charges in subsection (a)(1). "B. Outside city limits: se the minimum charges in subsection (a)(1). "2. Untreated water. "A. Inside city limits: August 1 2O lO to ly 91 91111 August 1, 2011 to July 31, 2012 First 2,000 Gallons Minimum* Over 2,000 Gallons $ 2.600 $ 2.560 se the minimum charges in subsection (a)(1). "2. Untreated water. "A. Inside city limits: se the minimum charges in subsection (a)(1). "B. Outside city limits: August 1,2010 to July 9.1 9011 August 1, 2011 to July 31, 2012 First 2,000 Gallons Minimum* Over 2,000 Gallons 2 X RWCA se the minimum charges in subsection (a)(1). "B. Outside city limits: se the minimum charges in subsection (a)(1). 2011-2012 WATER RATE ORDINANCE 0630201 IA —324— August 1 9010 to July 31 2011 August 1, 2011 to July 31, 2012 First 2,000 Gallons Minimum* Over 2,000 Gallons 2 X RWCA se the minimum charges in subsection (a)(1). 2011-2012 WATER RATE ORDINANCE 0630201 IA —324— Page 9 of 15 "h. Agricultural irrigation water outside City limits: *Use the minimum charges in subsection (a)(1). "i. Public agency for resale untreated water rates. The rates for the purchase of untreated water purchased by a public agency, which does not have a raw water supply contract with the city executed after January 1, 1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this section, for the period used to determine the composite cost of untreated water under the city's current contract with the public agency. "(b) Raw water cost adjustment (RWCA). In addition to the charges for the base rates for water service, established in subsection (a), a separate charge for the costs of raw water, the RWCA, will be added to each consumer's bill, except public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997. (A public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997, will pay the lower of the composite cost, as defined in its contract with the city or the rate for public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997, specified in subsection (a)(2)f. of this section.) The RWCA will be based on projected system -wide raw water sales, adjusted for water losses. The RWCA will be calculated on an annual basis using the adopted utility rate model, according to the following procedures: "(1) Use projected system -wide water sales based on historical consumption and projected growth, with adjustments for water losses. "(2) Include the annual budgeted cost of debt service. Bond payments, amortization of deferred losses on refundings, and other debt service costs shall be applied to the RWCA in the same proportion as the raw water activities proportion of the original bond proceeds. "(3) Include budgeted expenditures for purchases of water. "(4) Include purchases of water rights, amortized over the duration of the water right agreement. "(5) Budgeted expenditures for capital items shall be included as follows: 2011-2012 WATER RATE ORDINANCE 06302011A —325— August 1,2010 to 1uly 31 2014 August 1, 2011 to July 31, 2012 First 2,000 Gallons Minimum* Over 2,000 Gallons 2 X RWCA *Use the minimum charges in subsection (a)(1). "i. Public agency for resale untreated water rates. The rates for the purchase of untreated water purchased by a public agency, which does not have a raw water supply contract with the city executed after January 1, 1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this section, for the period used to determine the composite cost of untreated water under the city's current contract with the public agency. "(b) Raw water cost adjustment (RWCA). In addition to the charges for the base rates for water service, established in subsection (a), a separate charge for the costs of raw water, the RWCA, will be added to each consumer's bill, except public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997. (A public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997, will pay the lower of the composite cost, as defined in its contract with the city or the rate for public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997, specified in subsection (a)(2)f. of this section.) The RWCA will be based on projected system -wide raw water sales, adjusted for water losses. The RWCA will be calculated on an annual basis using the adopted utility rate model, according to the following procedures: "(1) Use projected system -wide water sales based on historical consumption and projected growth, with adjustments for water losses. "(2) Include the annual budgeted cost of debt service. Bond payments, amortization of deferred losses on refundings, and other debt service costs shall be applied to the RWCA in the same proportion as the raw water activities proportion of the original bond proceeds. "(3) Include budgeted expenditures for purchases of water. "(4) Include purchases of water rights, amortized over the duration of the water right agreement. "(5) Budgeted expenditures for capital items shall be included as follows: 2011-2012 WATER RATE ORDINANCE 06302011A —325— Page 10 of 15 "a. The expense of acquiring a capital item that costs not more than five hundred thousand dollars ($500,000.00) shall be charged in the year in which it is acquired. "b. The expense of acquiring a capital item that costs more than five hundred thousand dollars ($500,000.00) shall be amortized over the number of years used to calculate depreciation expenses, with the half- year convention used in the year of acquisition. "(6) All operating and maintenance expenditures shall be charged based on annual budgeted amounts. These expenditures include operation and maintenance of dams, reservoirs, pipelines, wells, pumping stations, and related interfund charges. "(7) All expenses for consultants, engineering, legal services, and administration shall be charged based on annual budgeted amounts in the proportion to which they apply to raw water issues. "(8) Expenses related to the acquisition and transportation of emergency water supplies shall be included in the RWCA for the following fiscal year, unless foreseen and budgeted in advance, in which case they are included in the year budgeted. "(9) Miscellaneous revenues related to raw water activity, such as oil and gas lease revenues and rentals, is applied as an offset based on annual budgeted amounts. "(10) Apply the credit for levelized Choke Canyon debt payments to city rate payers' RWCA. (The escalating payment schedule on the Choke Canyon debt was levelized through the creation of a reserve fund. In the initial years, payments greater than the debt service were made, with the excess going into the reserve fund. This excess was paid through a rate surcharge on ICL and OCL metered treated water customers. Now that bond payments exceed the levelized payment amount, the reserve fund is drawn on to make up the difference. Since only ICL and OCL metered treated water customers participated in building the reserve fund, the drawing on the reserve fund is only credited to the RWCA assessed against ICL and OCL metered treated water customers.) "(11) Include funds necessary to collect 1.35 times coverage on current annual debt service in order to improve the financial position and bond ratings of the city's water fund. "(12) Include funds necessary to establish and maintain an operating reserve fund with a target amount of twenty-five (25) per cent (or three (3) months) of annual operating expenses for the fiscal year. 2011-2012 WATER RATE ORDINANCE 06302011A —326— Page 11 of 15 "(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 (Water Supply Development Reserve) with an ultimate target balance of $30,000,000, and an annual contribution of approximately $2,000,000 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 RWCA. "(c) Definitions. "Costs of raw water is the total of all costs of acquiring, producing, storing, conserving, and transporting untreated water from its source to the City's treatment facility and all other points of diversion. These costs include, but are not limited to, the costs of: "Construction, including debt service, operation, and maintenance of dams and reservoirs. "Construction, including debt service, operation, and maintenance of raw water supply transmission pipelines. "Construction, including debt service, operation, and maintenance of wells. "Construction, including debt service, operation, and maintenance of facilities capable of converting wastewater effluent, salt water, and brackish ground water into water suitable for municipal, industrial, or agricultural uses. "Acquisition of new water supplies and water rights, 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. 2011-2012 WATER RATE ORDINANCE 06302011A —327— Page 12 of 15 "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. SECTION 2. The laboratory rate table in Section 55-56(a), Code of Ordinances, is revised to read as follows: "Sec. 55-54. Water utilities laboratory charges. "(a) The following fees apply to tests performed at the city's water -utilities laboratory for other government agencies and private parties: Parameter Fee Total Coliform $4-5,90 $17.00 Fecal Streptococcus $20.00 Fecal Coliform $20.00 Escherichia coli $20.00 (E. Coli) Enterococci $17.00 Hexane Extractable Material (HEM) $50.00 Total Organic Carbon $35.00 Specific Ultra -Violet Absorption (SUVA) $35.00 2011-2012 WATER RATE ORDINANCE 06302011A —328— Page 13 of 15 Biochemical Oxygen Demand (BOD) $30.00 Carbonacious Biochemical Oxygen Demand (CBOD) $32.00 Total Suspended Solids (TSS) $15.00 Total Dissolved Solids (TDS) $20.00 Total Kjeldahl Nitrogen (TKN) $35.00 Total Nitrate -- Nitrogen $25.00 Total Ammonia - Nitrogen $20.00 Total Phosphorus $25.00 Dissolved Phosphorus $27.00 SECTION 3. Section 55-56(c) -- (f), Code of Ordinances, is revised to read as follows: "Sec. 55-56. Temporary construction water service. "(c) The temporary water service customer shall pay an application fee to cover the costs of establishing the temporary account, placing the meter, and installing and testing any required backflow preventer. The temporary water service application fees are: "(1) Inside city limits ... $100.00 $150.00 "(2) Outside city limits ... 100.00 150.00 "(d) The temporary water service customer shall pay the applicable water service rates in section 55-50. In addition, to paying the applicable water service rates, a temporary water service customer shall pay $150.00 per month to lease the temporary water meter. 2011-2012 WATER RATE ORDINANCE 06302011A -329- Page 14 of 15 "(e) If the customer request relocation of the temporary meter, the customer shall pay a one hundred twenty five dollars ($125.00) meter movement fee, which includes the costs of testing the backflow preventer. "(f) If a customer moves a temporary water service meter, the customer shall pay a - - - _ _ . ! ! two hundred fifty dollars ($250.00) meter tampering charge, plus the costs of any broken parts, including chains, locks, and seals. This tampering charge does not offset any penalties for operating without a tested backflow preventer. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 5. This ordinance is effective on August 1, 2011. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 2011-2012 WATER RATE ORDINANCE 06302011A —330— Page 15 of 15 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED: 30th day of June, 2011: R. J R ming Fir A istant City Attorney For City Attorney 2011-2012 WATER RATE ORDINANCE 06302011A Joe Adame Mayor —331— Page 1 of 3 ORDINANCE AMENDING SECTIONS 12-108, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING SUNRISE BEACH RECREATION SITE RATES FOR FISCAL YEAR 2011/2012; 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 12-108(e), Code of Ordinances, is revised to read as follows: "Sec. 12-108. Sunrise Beach recreation site. "(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 $10.00 Additional passengers $3-00 $4.00 Children (6 and under) Free Use of Boat Ramp — $10.00 Overnight Primitive Tent Camping (no electricity or water) Automobile or RV (1 or two occupants) $25.00 Additional occupants $3-00 $4.00 Children (6 and under) Free 2011-2012 SUNRISE BEACH RATE ORDINANCE 06302011 —332— Page 2 of 3 Overnight Camping (electricity and water provided) RV (1 or two occupants) $30.00 Additional occupants $3418 $4.00 Children (6 and under) Free Overnight Camping (full hook-up - electricity, water, and sewer provided) RV (1 or two occupants) $35.00 Additional occupants $x'.88 $4.00 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-up - water and sewer/electricity individually metered) $480700 $450.00 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. Except for the increase in the rate increase for the extended stay stationary mobile home or RV sites, the rates in this ordinance go into effect on August 1, 2011. The rate increase for the extended stay stationary mobile home or RV sites go into effect on October 1, 2011. 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. 2011-2012 SUNRISE BEACH RATE ORDINANCE 06302011 —333— 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 , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED: 30th day of June, 2011: R. Jning First Assistant City Attorney For City Attorney 2011-2012 SUNRISE BEACH RATE ORDINANCE 06302011 —334— Page 1 of 6 ORDINANCE REVISING THE TITLE OF ARTICLE VII, CHAPTER 55, CODE OF ORDINANCES; AMENDING SECTION 55-100, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, SETTING THE WASTEWATER RATES FOR FISCAL YEAR 2011/2012; ESTABLISHING THE PROCEDURES FOR THE FISCAL YEAR 2011/2012 OF THE WASTEWATER RATES; 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. The title of Article VII, Code of Ordinances, is revised to read as follows: "ARTICLE VII. SEWER WASTEWATER RATES" SECTION 2. Section 55-100, 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 ^ •• st + 2010 •o �• 31 204 A 1Y41zo-,-r g' August 1, 2011 to July 31, 2012 Inside city limits One -family minimum monthly charge (first .fig ,76 2,000 gallons) $23.96 Inside city limits 4728 One -family per 1,000 gallons over 2,000 4.84 Inside city limits One -family maximum monthly charge (up 147,36 135.28 to 25,000 gallons) Outside city limits One -family minimum monthly charge (first 25.95 2,000 gallons) 29.95 Outside city limits 8-85 One -family per 1,000 gallons over 2,000 10.72 Outside city limits One -family maximum monthly charge (up 229,50 to 25,000 gallons) 279.98 2011-2012 Wastewater Rate Ordinance 06302011.docx —335— Page 2 of 6 Inside city limits Commercial minimum monthly charge (first 2,000 gallons) 32.12 32.55 Inside city limits 3.4 -1 - Commercial per 1,000 gallons over 2,000 3.46 Outside city limits Commercial minimum monthly charge (first 4.0 2,000 gallons) 40.69 Outside city limits 6..83 Commercial per 1,000 gallons over 2,000 6.93 "(b) The amount of water used to compute the monthly bills to one -family residential customers shall be computed on the basis of the "winter average" or "interim average" that is calculated under this subsection. "(1) Definitions. "a. Winter averaging wastewater charge period: The period of water and wastewater service during the three (3) complete consecutive reading periods commencing on or after December 1 of each year.—blame "b. Winter average usage: The monthly wastewater usage established by the city during the "winter averaging wastewater charge period" based upon their average monthly water consumption during that period. This "c. Interim average: The monthly wastewater usage established by the city for individual customers who have not established a "winter average usage". The "interim average" shall -be -is recalculated each year based on the total "winter average usage"-seneumptiee of all customers subject to winter averaging divided by the number of winter averaging customers, and shall -be -is the basis for monthly billings until a "winter average usage" as defined in subsection (b)(1)b. of this section is established for the individual customer. "d. Service area: The geographic region served by the city's wastewater system. 2011-2012 Wastewater Rate Ordinance 06302011.docx —336— Page 3 of 6 "(2) Winter average criteria. "a. The customer must receive wastewater service at one (1) location during the three (3) consecutive reading periods in order to establish a "winter average usage". "b. 'Winter average usage" charges shall apply to one -family residential customers only. "b,--c_The "winter average usage" shall be based on a customer's average water consumption for three (3) complete consecutive reading periods commencing with the customer's first reading period on or after December 1 of each year. "s,d_The following method will be used to calculate a customer's "winter average usage": "1. Add the three (3) winter months' water consumption to get total water consumption. "2. Divide three-month usage amount by three (3) to get winter average usage. Such winter average usage shall be limited to a maximum of twenty-five thousand (25,000) gallons. "sire. Using the winter average usage, apply the applicable rates established in subsection (a) to calculate the customer's wastewater bill for each month until a new winter average usage is established or rates are changed. The adjusted rate that applies to service after June 30 will reflect wastewater usage based on the previous "winter averaging wastewater charge period". "e—f_New and relocating customers; adjustments: "1. Customers new to the service area, who have not established a "winter average", shall be billed at the "interim average" rate. "2. Customers who are relocating within the service area, who established a "winter average" at their previous address, shall be billed at the "interim average" rate or their "winter average" rate at the previous address, whichever is less. "3. Customers who are relocating within the service area, who have not established a "winter average" at their previous address, shall be billed at the "interim average" rate. "4. When a customer experiences a substantial increase in water or wastewater usage from hidden water leaks in the plumbing system during the winter average charge period, and if the 2011-2012 Wastewater Rate Ordinance 06302011.docx -337- Page 4 of 6 customer can produce proof of repairs, the director of finance or the director's designee may adjust the wastewater bill. "(3) Administrative change in rates. "a. Annually the city manager shall calculate base revenues from single- family residential wastewater customers during the prior year. Base revenues shall equal the prior year's actual revenues from single-family residential wastewater customers, adjusted for subsequent actual-anyyate Increases changes, and for any increase in the single-family residential wastewater customer base. For this purpose, a year shall run from June 1 through May 31. "b. The city manager shall annually, based upon the winter average wastewater usage determined during the winter averaging wastewater charge period, adjust the rate in the new fiscal year applied to each customers winter average or interim average so that the adjusted rate will produce an amount equal to the base revenues, plus any rate changes approved by the City Council for the new fiscal year. "(c) The rates established in subsection (a) of this section are based upon water consumption for wastewater service customers with wastewater characteristics of five hundred sixty-two (562) parts per million or less by weight of chemical oxygen demand index, two hundred fifty (250) parts per million or less by weight of biochemical oxygen demand index, and two hundred fifty (250) parts per million or less by weight of suspended solids index. If the wastewater characteristics exceed any of these parameters shall pay an additional abnormal wastewater surcharges as provided in section 55-148." SECTION 3. In lieu of the procedures in Section 55-100(b)(3), Code of Ordinances, the City Manager shall use the following procedure to make the administrative changes in Fiscal Year 2011/2012 wastewater rates: The city manager shall calculate base revenues from single-family residential wastewater customers using the Fiscal Year 2010/2011 calculated revenues from single-family residential wastewater customers, as if the correct rates had been implemented on September 1, 2010 and for any increase in the single-family residential wastewater customer base. For this purpose, a year shall run from June 1 through May 31. Then based upon the winter average wastewater usage determined for the winter averaging wastewater charge period, the City Manager shall administratively adjust the Fiscal Year 2011/2012 wastewater rates applied to each customer's winter average or interim average so that the administratively adjusted Fiscal Year 2011/2012 rates will produce an amount equal to the base revenues, plus any rate changes approved by the City Council in this ordinance. For the purpose of this section the correct rates that should have been implemented on September 1, 2010 are: 2011-2012 Wastewater Rate Ordinance 06302011.docx —338— Page 5 of 6 Inside city limits One -family minimum monthly charge (first 2,000 gallons) $23.647 Inside city limits One -family per 1,000 gallons over 2,000 4.780 Inside city limits One -family maximum monthly charge (up to 25,000 gallons) 133.590 SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 5. This ordinance is effective on August 1, 2011. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, 2011-2012 Wastewater Rate Ordinance 06302011.docc —339— 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 , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED: 30th day of June, 2011: R ay ' eining First • ssistan City Attorney For City Attorney 2011-2012 Wastewater Rate Ordinance 06302011.docx Joe Adame Mayor —340— 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 2011-2012; 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 2011-12. SECTION 2. The City Council approves new parks and recreation department recreational use fees as shown in Exhibit B attached, for Fiscal Year 2011-12. SECTION 3. This resolution is effective August 1, 2011. SECTION 4. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. SECTION 5. The City Council intends that every section, paragraph, subdivision, phrase, word and provision of this resolution shall be given full force and effect for its purpose. If any section, paragraph, subdivision, clause, phrase, word or provision of this resolution is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this resolution. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: June 27, 2011 Lisa Aguila ssistant City Attorney for City Attorney —341— Description FY 11-12 Parks and Recreation Fee Schedule - NEW EXHIBIT B Current Proposed Annual Incremental Fee Fee Diff. Units Revenue Youth Baseball Field Tournament Rental Fee $0.00 $300.00 $300.00 4 $ 1,200.00 NEW Westside -whole complex(youth only) $0.00 $800.00 $800.00 2 $ 1,600.00 NEW Adult Tournament/Camp Rentals fee per day $0.00 $350.00 $350.00 0 $ - NEW Greenwood Youth/Adult Tournament Rentals fee $0.00 $250.00 $250.00 42 $ 10,500.00 NEW Broadmoor Senior Center Meeting Room $0.00 $72.00 $72.00 8 $ 576.00 NEW Broadmoor Senior Center Community Room $0.00 $248.00 $248.00 4 $ 992.00 NEW Broadmoor Entire Senior Center Facility (excluding Library $0.00 $288.00 $288.00 0 $ - NEW Bayfront Park - 4 hour rental; $1,000 deposit $0.00 $2,500.00 $2,500.00 1 $ 2,500.00 NEW Bayfront Park - each additional hour $0.00 $250.00 $250.00 0 $ Heritage Park - run/walk non-profit (Plaza only) 4 hrs. $0.00 $250.00 $250.00 8 $ 2,000.00 NEW Heritage Park - run/walk non-profit (Plaza only) each $0.00 $50.00 $50.00 2 $ 100.00 NEW LaBonte Park - 3 -day camping permit for designated $0.00 $25.00 $25.00 200 $ 5,000.00 NEW holidays* * Easter, Memorial Day, 4th of July, Labor Day Total - $24,468 N CO Page 1 of 2 ORDINANCE AMENDING SECTION 2-79 OF THE CODE OF ORDINANCES, BY AUTHORIZING AN ANNUAL NONRESIDENT LIBRARY 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. Section 2-79 of the Code of Ordinances is revised to read as follows: "Sec. 2-79. Fees. "(e) Annual fee for nonresidents of the city $25.00 The $25.00 annual fee for nonresidents shall not apply to the following: (1) members of the armed forces (and their dependents) stationed (i) within the city limits or (ii) at the Coast Guard Station, Port Aransas Texas: (2) temporary residents residing within the city limits for a period of six (6) weeks or longer; (3) students currently enrolled at (i) Texas A&M University -Corpus Christi or (ii) Del Mar College; and (4) nonresidents who own real property within the city limits. SECTION 2. The fees established in Section 1 of this Ordinance shall take effect on September 1, 2011. 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 it's the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. Section 4. Publication 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. —343— 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 , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED, this the day of 2011. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED: day of , 2011: L. Brian Narvaez Assistant City Attorney For City Attorney —344— 22 tit City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of 07/12/2011 DATE: July 12, 2011 TO: Ronald L. Olson, City Manager FROM: D. Troy Riggs, Chief of Police.DT Z Op�—i Troyr(c�cctexas.com f 886-2603 Decriminalization of parking citations PURPOSE: ORDINANCE AMENDING CHAPTER 53, TRAFFIC, ARTICLE III. ENFORCEMENT AND COMPLIANCE, AND ARTICLE VI. STANDING AND PARKING OF THE CORPUS CHRISTI CODE OF ORDINANCES, BY REVISING VARIOUS SECTIONS IN SAID ARTICLES TO MAKE STOPPING, STANDING AND PARKING VIOLATION A CIVIL OFFENSE; TO PROVIDE FOR CIVIL PENALTIES; TO CREATE PARKING IMPROVEMENT FUND; TO PROVIDE PARKING CITATION AS NOTICE OF ADMINISTRATIVE ADJUDICATION HEARING AND CREATE FAILURE TO ANSWER CITATION AN ADMISSION OF LIABILITY; TO PROVIDE TEXAS DEPARTMENT OF MOTOR VEHICLE'S RECORD AS PRIMA FACIE EVIDENCE AND PRESUMPTION OWNER AS VIOLATOR; TO PROVIDE AN INCREASE IN IMMOBILIZATION FEE; TO CREATE AN OFFICE OF ADMINISTRATIVE HEARINGS AND APPOINT HEARING OFFICER TO CONDUCT ADMINISTRATIVE ADJUDICATION HEARING; TO PROVIDE AN APPEAL AND ENFORCEMENT OF HEARING OFFICER'S FINDING; TO PROVIDE IMPOUNDMENT AND IMMOBILIZATION OF MOTOR VEHICLE FOR UNPAID PARKING CITATIONS; TO CREATE VIOLATIONS AND PENALTIES; TO PROVIDE FORA SEVERANCE CLAUSE; TO PROVIDE FOR PUBLICATION; TO PROVIDE FOR A REPEALER CLAUSE; AND TO PROVIDE AN EFFECTIVE DATE OF OCTOBER 1, 2011. BACKGROUND AND FINDINGS: The decriminalization of parking violations changes the violation from a criminal offense to a civil offense which is allowed under Chapter 682 of the Texas Transportation Code. The Municipal Court system will no longer hear cases regarding parking violations issued by the City of Corpus Christi except disabled parking violations. Instead an administrative office will be established to handle the administrative adjudication of the parking violations. A violator will not have to wait for a court date to be set as they may appear at any time before the administrative hearing officer to handle the violation. This will additionally assist with the backlog of cases in the criminal court system. This decriminalization process has been implemented in the following Texas cities: Houston, San Antonio, Dallas, Austin, Galveston, and San Marcos. ALTERNATIVES: None OTHER CONSIDERATIONS: None –347– FINANCIAL IMPACT: o Not Applicable X Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: 2010 - 2011 Project to Date Exp. (CIP Only) Current Year Future Years TOTALS FY 2012 FY 2012 Budget 0 0 $44,600 $44,600 Encumbered / Expended Amt. as of July 12, 2011 0 0 0 0 This item 0 0 0 0 FY 2012 FY 2012 BALANCE 0 0 $44,600 $44,600 FUND(S): General Fund Comments: The establishment of an administrative hearing office will require the services of an individual to hear the cases at an estimated cost of $44,600 programmed into the FY12 budget. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for approval of the revised ordinance EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Municipal Court LIST OF SUPPORTING DOCUMENTS: Ordinance Cc: Trisha Dang, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager -348- Page 1 of 27 AN ORDINANCE AMENDING CHAPTER 53, TRAFFIC, ARTICLE III. ENFORCEMENT AND COMPLIANCE, AND ARTICLE VI. STANDING AND PARKING OF THE CORPUS CHRISTI CODE OF ORDINANCES, BY REVISING VARIOUS SECTIONS IN SAID ARTICLES TO MAKE STOPPING, STANDING AND PARKING VIOLATION A CIVIL OFFENSE; TO PROVIDE FOR CIVIL PENALTIES; TO CREATE PARKING IMPROVEMENT FUND; TO PROVIDE PARKING CITATION AS NOTICE OF ADMINISTRATIVE ADJUDICATION HEARING AND CREATE FAILURE TO ANSWER CITATION AN ADMISSION OF LIABILITY; TO PROVIDE TEXAS DEPARTMENT OF MOTOR VEHICLE'S RECORD AS PRIMA FACIE EVIDENCE AND PRESUMPTION OWNER AS VIOLATOR; TO PROVIDE AN INCREASE IN IMMOBILIZATION FEE; TO CREATE AN OFFICE OF ADMINISTRATIVE HEARINGS AND APPOINT HEARING OFFICER TO CONDUCT ADMINISTRATIVE ADJUDICATION HEARING; TO PROVIDE AN APPEAL AND ENFORCEMENT OF HEARING OFFICER'S FINDING; TO PROVIDE IMPOUNDMENT AND IMMOBILIZATION OF MOTOR VEHICLE FOR UNPAID PARKING CITATIONS; TO CREATE VIOLATIONS; TO PROVIDE FOR PENALTIES; TO PROVIDE FOR A SEVERANCE CLAUSE; TO PROVIDE FOR PUBLICATION; TO PROVIDE FOR A REPEALER CLAUSE; AND TO PROVIDE AN EFFECTIVE DATE OF OCTOBER 1, 2011. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Code of Ordinances, Chapter 53, Traffic, Article III. Enforcement and Compliance, and Article VI. Standing and Parking are amended by revising the Articles to read as follows: "CHAPTER 53 TRAFFIC * * * * * ARTICLE III. ENFORCEMENT AND COMPLIANCE DIVISION 1. GENERALLY Sec. 53-41. Ob-"onse to chapto- roguirod. Stopping, standing or parking a civil offense. -349- Page 2 of 27 A violation of any provisions of the Code of Ordinances governing the stopping, standing or parking of a vehicle is a civil offense. Stopping, standing, or parking offenses occurring before October 1, 2011 shall be governed by the law in effect when the offense occurred, and the former law shall continued in effect for that purpose. DIVISION 2. PENALTIES AND IMPOUNDMENT Sec. 53-55. — Penalties, civil fine, and administrative fee. (a) Unless another penalty is expressly provided by law, every person convicted found liable of a violation of any provision of this chapter shall be punished by a civil fine or administrative fee of not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00). (b) Unless another penalty is expressly provided by law, every person convicted found liable of a violation of any of the provisions of sections 53-180 through 53- 199, shall be punished by a civil fine or administrative fee of not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00); provided, however. if the fine or fee prescribed in this subsection is not paid or an appearance is made ' ' municipal court in the office of administrative hearings within ten (10) days of the date of the alleged violation, then and in that event, said fine or fee shall be not less than thirty five dollars ($35.00) nor more than two hundred dollars ($200.00). The categories and fine assessments shall apply as follows: (c) Unless another penalty is expressly provided by law, every person convicted found liable of a violation of any of the following categories the provision& of • -, shall be punished by a civil fine and administrative fee of not less than thirty dollars ($30.00) nor more than two hundred dollars ($200.00); provided, however, if the fine or fee prescribed in this subsection is not paid or an appearance is made with a pl a —350— Category Early Payment After l8 -days Standard Fine Fine Assessment Parking meters and time zones: (1) Expired meter $25.00 $35.00 (2) Extending time beyond legal limit 25.00 35.00 (3) Time zones 25.00 35.00 (c) Unless another penalty is expressly provided by law, every person convicted found liable of a violation of any of the following categories the provision& of • -, shall be punished by a civil fine and administrative fee of not less than thirty dollars ($30.00) nor more than two hundred dollars ($200.00); provided, however, if the fine or fee prescribed in this subsection is not paid or an appearance is made with a pl a —350— Page 3 of 27 in the office of administrative hearings within ten (10) days of the date of the alleged violation, then and in that event, said fine or fee shall be not be less than forty dollars ($40.00) nor more than two hundred dollars ($200.00). The categories and fine assessments shall apply as follows: (d) Unless another penalty is expressly provided by law, every person convicted found liable of a violation of any of the following categories shall be punished by a civil fine or administrative fee of not less than thirty-five dollars ($35.00) nor more than two hundred dollars ($200.00); provided, however, if the fine or fee prescribed is not paid or an appearance is made witla-a-plea-enteFed-to-have-the in the office of administrative hearings within ten (10) days of the date of the alleged violation, then and in that event, said fine or fee shall be not be less than forty-five dollars ($45.00). The categories and fine assessments shall apply as follows: -351- Category Early Payment After Fine Assessment 40 -gays Standard Fine II egal zones: (1) Loading zone (time extension) $30.00 $40.00 (2) Loading zone (Noncommercial use) 30.00 40.00 (3) Parked in bus stop 30.00 40.00 (4) Blocking two meter spaces 30.00 40.00 (5) Parking in taxi zone 30.00 40.00 (6) Over 18 inches from curb 30.00 40.00 (7) Other 30.00 40.00 (d) Unless another penalty is expressly provided by law, every person convicted found liable of a violation of any of the following categories shall be punished by a civil fine or administrative fee of not less than thirty-five dollars ($35.00) nor more than two hundred dollars ($200.00); provided, however, if the fine or fee prescribed is not paid or an appearance is made witla-a-plea-enteFed-to-have-the in the office of administrative hearings within ten (10) days of the date of the alleged violation, then and in that event, said fine or fee shall be not be less than forty-five dollars ($45.00). The categories and fine assessments shall apply as follows: -351- Page 4 of 27 (e) Every person convicted of a violation regarding parking in a fire zone shall be punished in accordance with Texas Occupations Code Section 2308.405, as amended. f&Every person convicted of a violation regarding parking in a parking space or area for persons with disabilities shall be punished in accordance with Texas Transportation Code Chapter 681, Section 681.011, as amended. The penalty provisions of Texas Transportation Code Chapter 681 apply to violations regarding parking in parking space or area designated for persons with disabilities. (dg) Whenever a person charged with a violation of any provision of the chapter, fails to pay the prescribed civil fine or administrative fee fails to enter a plea, and it becomes necessary to issue an warrant hic or her order to impound or immobilize the vehicle, then and in that event, an additional penalty shall be added to the fine or fee prescribed for the violation as an warrant impoundment or immobilization fee in the amount of fifty dollars ($50.00). Provided, however, the warrant impoundment or immobilization fee may be waived in connection with amnesty programs approved by the city council. Cross reference-- Court costs, § 53-153. Sec. 53-56. - Disposition of traffic fines and forfeitures generally,: parking meters and pay station revenue. (a) All administrative fees, fines or forfeitures collected upon a conviction a finding of liability, or upon thea forfeiture of bail; for violation of any of the provisions of this chapter, except fines or forfeitures for speeding violations, —352— Category Early Payment After 40 -Bays Standard Fine Fine Assessment Safety zones: (1) No parking zone $35.00 $45.00 (2) Parking within 15 feet of fire hydrant 35.00 45.00 (3) Blocking crosswalk 35.00 45.00 (4) Blocking driveway 35.00 45.00 (5) Blocking sidewalk 35.00 45.00 (6) Double parking 35.00 45.00 (7) Opposite direction of travel 35.00 45.00 (e) Every person convicted of a violation regarding parking in a fire zone shall be punished in accordance with Texas Occupations Code Section 2308.405, as amended. f&Every person convicted of a violation regarding parking in a parking space or area for persons with disabilities shall be punished in accordance with Texas Transportation Code Chapter 681, Section 681.011, as amended. The penalty provisions of Texas Transportation Code Chapter 681 apply to violations regarding parking in parking space or area designated for persons with disabilities. (dg) Whenever a person charged with a violation of any provision of the chapter, fails to pay the prescribed civil fine or administrative fee fails to enter a plea, and it becomes necessary to issue an warrant hic or her order to impound or immobilize the vehicle, then and in that event, an additional penalty shall be added to the fine or fee prescribed for the violation as an warrant impoundment or immobilization fee in the amount of fifty dollars ($50.00). Provided, however, the warrant impoundment or immobilization fee may be waived in connection with amnesty programs approved by the city council. Cross reference-- Court costs, § 53-153. Sec. 53-56. - Disposition of traffic fines and forfeitures generally,: parking meters and pay station revenue. (a) All administrative fees, fines or forfeitures collected upon a conviction a finding of liability, or upon thea forfeiture of bail; for violation of any of the provisions of this chapter, except fines or forfeitures for speeding violations, —352— Page 5 of 27 which administrative fees, fines or forfeitures shall go into the general fund of the city, shall be paid into the city treasury and credited to a special fund to be known as the "Street Traffic Improvement Fund," which is hereby created and which shall be used exclusively in the construction and maintenance of roads, bridges and culverts in the city, and for the enforcement of the traffic laws regulating the use of public streets by motor vehicles and motorcycles and to help defray the expenses of the city traffic officers (b) Parking fees are hereby levied as police regulation to help defray maintenance expenses. There is hereby established a Parking Improvement Fund for the purpose of receiving revenue collected from paid parking spaces, parking zones, city -owned or controlledpaid parking lots, parking meters, and parking pay stations. The revenue collected from these sources shall be deposited in the General Fund and disbursed in the following manner: (1) A portion of the revenue shall be used to cover operational and maintenance costs such as personnel, inspecting, installing, maintaining, operating, control and use of paid parking meters paid parking zones, paid parking pay stations, and paid parking lots* and (2) A portion of the revenue shall be disbursed into the Parking Improvement Fund as provided under this section for the purposes of: a. Landscaping, beautification, construction, maintenance of the city center, tourism; and b. Establishment and development of parking lots in the business areas of the city. (c) Prior to any allocation of funds between the General Fund and the Parking Improvement Fund, all expenses related to the maintenance and operation of the Parking Control function, as listed in (b)(1), must be covered by revenue earned and deposited in General Fund during the same fiscal period in which the expenditures were incurred. Subsequent to covering the cost of the Parking Control function in the General Fund, the allocation of revenues may be divided as follows: (1) In fiscal year 2012, one -hundred (100%) percent of the revenue shall remain in the General Fund for use as designated by city council; (2) In fiscal year 2013, thirty (30%) percent of the revenue of that fiscal year shall be disbursed into the Parking Improvement Fund to be used for purposes outlined in section 53-56(b1(2), and seventy (70%) percent of the revenue shall remain in the General Fund for use as designated by city council; —353— Page 6 of 27 (3) In subsequent years, forty (40%) percent of the revenue earned during that fiscal year shall be disbursed into Parking Improvement Fund for purposes outlined in section 53-56(b)(2), and sixty (60%) percent of the revenue shall remain in the General Fund for use as designated by city council. (d) The Parking Improvement Fund revenue designated in section 53-56(c) (2) and (3) can be carried forward from year to year to be reinvested into parking and other related public improvement projects outlined in section 53- 56(b)(2) as approved by the city council. Sec. 53-57. - Notice on illegally parked vehicle. Whenever any motor vehicle without driver is found parked or stopped in violation of any of the restrictions imposed by this Code or by other ordinance of the city or by state law, the officer finding such vehicle shall take its to i,�s ctration identify its user, the make and state license plate number of the vehicle, or if the license plate number is not visible or legible, the VIN number or state inspection number in lieu of the license plate number and shall conspicuously affix to such vehicle a police summons, notice, or citation, in writing, on c by for the driver to answer to the charge against him within the time and at the place specified in the notice. Failure to answer the summons, notice, or citation or appear within ten (10) calendar days is considered an admission of liability. Sec. 53-58. - Presumption in reference to illegal parking. the registered owner of such vehicle, The original or any copy of the citation and the Texas Department of Motor Vehicle's computer generated record of the registered vehicle owner shall constitute in -evidence a prima facie evidence and presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the location point whcre, and for the time daring which such the violation occurred. Sec. 53-59. - Impounding vehicles—Authority of police. (a) Any police officer, or employee designated by the city manager, is hereby authorized to immediately remove or cause to be removed a vehicle from a public street, highway, parking facility, alley, walkway, or other publicly owned area, or private property, and impound the vehicle in any of the following circumstances: –354– Page 7 of 27 (1) When the vehicle creates an immediate public hazard or an obstruction of traffic or pedestrian access on, to, or from public property. (2) When the owner or operator of the vehicle has been taken into custody by the police department and seizure is permitted or required by police department policy consistent with constitutional guidelines. (3) When the vehicle's removal is necessary to protect persons or property (including the vehicle) from harm. (4) When the vehicle is found parked in a tow -away zone which is with properly sigeposted sign. (5) When the vehicle's removal is necessary to permit street construction, cleaning up or repair, tree work, or other public utility work, after at least twenty -four -hours notice thereof has been posted. (6) When any vehicle is found parked upon any public street, highway, alley, walkway, or right-of-way, or upon any property owned or controlled by the City of Corpus Christi, and has three (3) or more outstanding parking or stopping violation in a calendar year. noticec cr ! :c one (b) When a vehicle is found as described in subsection (a)(6), any police officer or employee designated by the city manager may, in lieu of or prior to impoundment, attach to the vehicle a device that will prevent the vehicle from being moved. (1) The police officer or employee immobilizing a vehicle as provided herein shall place on the vehicle, in a conspicuous manner, notice sufficient to warn the individual that such vehicle has been immobilized and that any attempt to move such vehicle will result in damage to such vehicle. This notice shall state the reason for which the vehicle was immobilized and describe the procedure for release of such vehicle. (2) Notice shall also be given informing the owner, driver, or person in charge of the vehicle of his right to a hearing to contest such immobilization. —355— Page 8 of 27 (c) Before a vehicle may be impounded or immobilized for the reason set forth in subsection (a)(6) a notice shall be sent certified mail to the person to whom the vehicle is registered, stating: (1) The vehicle has specified outstanding parking violations against it. (2) After ten (10) days from the date on the face of the notice, the vehicle will be impounded or immobilized whenever it is found parked upon any public street, highway, alley, walkway, or right-of-way, or upon any property owned or controlled by the City of Corpus Christi, unless before that time the fines are paid or appearance is made in municipal court the office of administrative hearings for disposition of cases awarding -to court-presedures. (d) No person shall impede, hinder, or interfere with the impoundment or immobilization of a vehicle as provided under subsections (a) and (b). (e) No person, except an authorized city officer or employee, shall attempt to remove the immobilization device. No person shall move or attempt to move a vehicle immobilized under subsection (b). Any such action(s) shall constitute a separate and additional offense(s), punishable by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00). Any damage to the immobilization device, occurring as a result of an attempt to remove or tamper with the device or by moving the vehicle, shall make the offender liable for the destruction of public property. (f) The City of Corpus Christi shall assume no liability for loss or damage to an immobilized vehicle or its contents while so immobilized. (g) It shall be the duty of all owners and persons in charge of vehicles which are disappear missing within the city limits to make inquiry to the police department. When a person inquires of the police department about a missing vehicle, a thorough check shall be made to determine if the vehicle has been impounded. If the vehicle has been impounded, the person will be referred to the office responsible for custody of the vehicle, and that office shall inform the person of the following: (1) The reason for impoundment. (2) That he may obtain his vehicle by paying storage and impoundment fees and parking fines, if any, or by posting a bond. (3) That he may request a hearing to dispute validity of the impoundment. —356— Page 9 of 27 Provided, however, that if the vehicle has been seized as evidence of a crime, for forfeiture, or because of its connection with criminal activity7 or similar reasons, the person shall only be referred to the appropriate detective. (h) When a vehicle is impounded and no person has contacted the police department about the vehicle within seventy-two (72) hours after impoundment, the responsible department shall, on the first working day after seventy-two (72) hours, send a notice that the vehicle has been impounded to the registered owner by certified mail, including the following: (1) The year, make, and license plate number of the vehicle. (2) The reason for impoundment. (3) The location from which the vehicle was taken into custody. (4) The location where the vehicle is being held. (5) That he may obtain his vehicle by paying storage and impoundment fees and parking fines, if any, or by posting a bond. (6) That he may request a hearing to dispute validity of the impoundment. (7) The name of the person or office he can contact to get information on procedures for obtaining release of his vehicle. Provided, however, this provision does not apply if #f -the vehicle has been seized as evidence of a crime, for forfeiture, or because of connection with criminal activity7 or similar reasons. (i) To the extent that any vehicles seized pursuant to this section constitute "junked" or "abandoned" vehicles under state law or other provisions of this Code, they may be processed in accordance with those provisions. Sec. 53-60. - Same—Redemption of vehicles. (a) When a vehicle is impounded pursuant to section 53-59, subsections (a)(1) through (a)(5) the following procedures shall apply: -357- Page 10 of 27 (1) The vehicle shall be released to a person claiming it, upon satisfactory proof of identification such as a current driver's license, identification card, military identification card or passport, proof of financial responsibility or liability insurance, proof that -he the person is entitled to possession of the vehicle such as title, registration, power of attorney or notarized letter of authorization, and; when the following conditions are met: (2) a. Payment of all towing and storage fees in accordance with the fee schedule in section 57-254; b. Payment of a cash bond in the full amount of the accrued towing and storage fees, and the administrative fee; or c. A determination at the hearing decoribed !ler— in that the impoundment did not meet the conditions of subsections (a)(1) through (a)(5) of section 53-59. Upon such determination, the bond, if any, shall be returned to the person. If the impoundment is sustained, the bond, if any, shall be forfeited. —358— Page 11 of 27 (33 These procedures shall not apply to any vehicle seized as evidence of crime, for forfeiture, or for its connection with criminal activity, or similar reasons. (b) When a vehicle is impounded or immobilized pursuant to section 53-59, subsection (a)(6) the following procedures shall apply: (1) The vehicle shall be released to a person claiming it, upon satisfactory proof of identification such as a current driver's license, identification card, military identification card or passport, proof of financial responsibility or liability insurance, proof that --he the person is entitled to possession; of the vehicle such as title, registration, power of attorney or notarized letter of authorization, and when the following conditions are met: (2) a. Payment of an immobilization fee of forty seventy-five dollars ($15.00 75.00) er-and towing and storage fees in accordanco with the foe schedule in under section 57-254 and payment of the standard charge for all unresolved the underlying parking violations as reflected in the parking violation notices. b. Payment of a cash bond in the full amount of the accrued towing and storage fees, the administrative fee and the standard charge for all unresolved the-bigsleclying traffic, or stopping or parking violations. c. A combination of payments under "a" and bond for the balance under"b." d. A determination at the hearing described herein that the impoundment or immobilization did not meet the conditions of subsection (a)(6) of section 53-59. If the impoundment is sustained, the bond, if any, relating to towing, immobilization, or storage fees shall be forfeited. -359- Page 12 of 27 theren� iv " 4 z.PP. oPR� (.3 If the person wishes to contest the underlying unresolved parking violations, and if the vehicle has not been released, an municipal court trial administrative hearing shall be set within three (3) working days of the request. Otherwise, trial of the underlying unresolved cases shall be heard by the office of administrative hearings in its routinely manner. The bond for parking fines held under this subsection shall be transferred to municipal court the office of administrative hearings and applied to satisfy any judgment rendered by the court office of administrative hearings in the parking cases. The balance, if any, shall be returned to the defendant or violator. (3) Upon the compliance with this section, the person will be authorized to reclaim the impounded vehicle or to have the immobilization device removed. (4) The hearing officer or the chief of police, or their designees, are authorized to issue a written order releasing an impounded vehicle to its owner or to a person determined to have the right to possession of the vehicle. Nothing in the order shall authorize or imply the waiving of —360— Page 13 of27 costs and fees associated with the impoundment and storage of the vehicle. Cross reference— See also section 13-49. ARTICLE VI. STANDING AND PARKING DIVISION 1. GENERALLY Sec. 53-153. - Court costs; administrative fees. (a) There is hereby assessed a court cost or administrative fee of five dollars ($5.00) on each parking violation. "Parking violation" shall include a violation of any city ordinance, regulation, or order regulating the stopping, standing, or parking of vehicles, which presently exists or may be subsequently adopted. This section is adopted pursuant to Article 102.014 of the Texas Code of Criminal Procedure. (b) The municipal court, office of administrative hearings, or other city agency which may be authorized to collect fines or assessments for parking violations shall collect the court costs or administrative fees provided for herein. (c) The money received from court costs or administrative fees hereunder shall be used for the city's school crossing guard program. If it exceeds the amount necessary for said program such money may be deposited in an interest-bearing account or expended for programs designed to enhance child safety, health, or nutrition, including child abuse prevention and intervention and drug and alcohol abuse prevention, and such other purposes as are hereafter authorized by state law. DIVISION 4. PARKING METERS Sec. 53-191. - _ - Hearing officer and administrative adjudication hearing. –361– Page 14 of 27 a coin of the United States. 1gi The city manager, or designee, shall appoint one or more hearing officers to administratively adjudicate stopping, standing, or parking violations under the Code of Ordinances. The hearing officers may conduct other administrative hearings as assigned by the city manager or as required under the Code of Ordinances. If21 There is hereby established an office of administrative hearings to conduct administrative adjudication hearings for stopping, standing, or parking violations under the Code of Ordinances, and other administrative proceedings as assigned by the city manager or as required under the Code of Ordinances. U A hearing officer shall have the authority to: (1) Administer oaths; (2) Accept admissions and hear and determine contests of parking violations under the Code of Ordinances; (3) Issue orders enforceable by the municipal court compelling the attendance of witnesses and the production of documents; (4) Issue orders of immobilization or impoundment of vehicles; (5) Set conditions for the release of vehicles immobilized or impounded under this chapter; (6) Administratively terminate parking citations or cases that the hearing officer determines to be uncollectable, unenforceable or erroneously issued: (7) Assess civil fines, penalties, and costs for a parking violation in accordance with this chapter; and —362— Page 15 of27 (8) Preside over, hear evidence, make findings at immobilization and impoundment hearings under this chapter. Ica A person charged with violating a stopping, standing, or parking ordinance is entitled to an administrative adjudicating hearing as provided in this article. A person issued a parking citation shall answer the citation not later than the appearance date and during the hours specified on the parking citation. (e) An answer may be made in any of the following ways: (1) A person may admit liability and pay the applicable civil fine and any additional penalties and costs. A person may pay in person, by mail by electronic means, or by other method of payment as determined by the office of administrative hearings; (2) A person may appear before a hearing officer at an instanter hearing on or before the appearance date and during the time specified on the parking citation: (3) A person may request permission from a hearing officer to adjudicate by mail or electronic means; or (4) A person may file a written request for a scheduled hearing. (f) Payment of civil fines, costs, and fees assessed under this chapter operates as an admission of liability for the parking violation and is the final disposition of the parking violation charge. (q) A hearing officer may permit a person charged with a parking violation to adjudicate the charge by mail or electronic means, if: (1) The person shows good cause to adjudicate by_mail or electronic means. and (2) If the person makes the request on or before the appearance date. (h) Letters, memoranda, affidavits, photographs, and other documentary materials are admissible as evidence for adjudication by mail or electronic means. A hearing officer may exclude from consideration any material that is not relevant to the adjudication of the alleged violation. A person admits liability for a parking violation and shall pay the civil fines, costs, and fees assessed by the hearing officer if the person fails to present evidence, as allowed to the hearing officer within thirty (30) days from the date of the citation. —363— Page 16 of 27 (i) A hearing officer shall decide a matter adjudicated by mail or electronic means not later than the sixty (60) days after the appearance date shown on the citation. (1) If a hearing officer determines that adjudication cannot proceed by mail or electronic means, the hearing officer shall advise the person charged by first class mail or electronic means, that he must appear in person to answer the charge at a hearing. (k) In any administrative adjudication hearing under this chapter: (1) It is presumed that the registered owner of the vehicle is the person who stopped, stood, or parked the vehicle at the time and place of the parking violation. A registered owner is not liable if: a. The operator assumes responsibility and liability for the violation; b. The operator is actually named in the parking citation; c. The registered owner files an affidavit and documents with the hearing officer that establish the vehicle was sold prior to the date and time of the violation; d. The registered owner files a copy of the police report and an affidavit stating that the vehicle was stolen at the time of the violation. e. A registered owner, engaged in the business of renting or leasing vehicles under written rental or leasing agreements, is not liable if, within thirty (30) days after receiving written notice of a parking violation, the owner provides: 1. An affidavit stating the name, address, and driver's license number with state of issuance, of the person in possession of the vehicle at the time the parking citation was issued; or 2. A copy of the lease or rental agreement in effect at the time the parking citation was issued that includes the name, address and driver's license number of the person that leased the vehicle. f. A registered owner engaged in the business of renting or leasing vehicles who fails to comply with Subsection (f) above is liable for civil fines, costs, and fees. (2) The original or any copy of the summons or citation and the Texas Department of Motor Vehicle's computer-generated record of the —364— Page 17 of 27 registered vehicle owner are prima facie evidence of the facts and contents contained therein. (3) The presence of a vehicle in a paid parking zone: a. When the paid -for time shown on adjacent parking meter is expired; b. When the paid -for time shown on the relevant pay -by -space station has expired; or c. When the paid -for time shown on the pay -and -display station receipt has expired is prima facie evidence that the vehicle has been parked beyond the legal period of time fixed by this article or that the operator did not deposit proper payment. (I) The issuing police officer, parking enforcement officer or other authorized employee shall not be required to attend an instanter hearing. (m) It is not required that the prosecuting attorney attend the hearing. If the person is represented by legal counsel at the hearing, the hearing officer shall notify the prosecuting attorney who shall have a right to appear on behalf of the city at said hearing. (n) No formal or sworn complaint shall be necessary. (o) The Texas Rules of Evidence do not apply to a hearing under this section. (p) The hearing officer shall examine the contents of the citation, the evidence related to the ownership of the vehicle in question, any evidence filed with the citation, and shall hear and review the testimony and evidence presented by the person charged. The testimony at the hearing shall be recorded. (q) If the hearing officer determines by the preponderance of the evidence that the violation was committed by the person charged, the hearing officer shall find the person charged liable. (r) At the conclusion of the hearing, the hearing officer shall issue an order stating whether the person charged with the violation is liable for the violation and the amount of any fine, penalty, costs or fees against the person. (s) The order shall be filed with the office of administrative hearings clerk. The clerk shall keep all such orders in a separate index or file. The order may be recorded using computer printouts, microfilm, microfiche, or similar data processing techniques. —365— Page 18 of27 (t) Within seven (7) calendar days after filing an order of liability issued under this section, a hearing officer shall notify the registered owner or operator of the vehicle in writing of the order. The notice must be sent by United States mail to the last address of the registered owner on record with the Texas Department of Motor Vehicles, or to the address of the registered owner or operator last known to the hearing officer. The notice must include a statement: (1) Of the amount of civil fines, penalties, and costs assessed; (2) Of the right to appeal to municipal court; and (3) That failure to pay can result in immobilization and impoundment of the vehicle. (u) A person who fails to appear before a hearing officer within ten (10) calendar days from the issuance of the citation for a stopping, standing, or parking violation under the Code shall be considered an admission of liability for the charged offense and an order shall be issued on that basis. In the event that the person charged elects to appear by posting a bond and obtaining a scheduled hearing, the failure of the person charged to appear in person or through counsel at the scheduled hearing shall also be considered an admission of liability and an order may be issued on that basis. (v) Fines for violations shall be as provided in section 53-55. The city council by ordinance shall establish fines,_ administrative fees or penalty for persons who do not wish to contest their citations and for persons who admit liability under this section, and the amount of any added fines that shall be payable if a citation or fine ordered by a hearing officer is not fully satisfied or a bond is not posted within ten (10) calendar days from the date of issuance of the citation. (w) A municipal court may enforce an order of the hearing officer compelling the attendance of a witness or the production of a document. (x) The recorded testimony, documents, and other evidence shall constitute the record for appeal. Sec. 53-192. - injuring or ta_m, __ith ___t-__. Appeal and Enforcement. (a) A person found liable by the hearing officer for a parking or stopping ordinance may appeal the determination to municipal court. —366— Page 19 of 27 (b) The appeal must be instituted by filing not later than thirty (30) day after the filing of the hearing officer's order is issued, a petition with the clerk of the municipal court along with payment of a non-refundable filing fee in the amount of fifty ($50) dollars as well as payment of any other costs required by law. (c) A person who accepts liability or fails to contest liability by the appearance date is not entitled to an appeal hearing. (d) Service of notice of appeal under this section does not stay the enforcement and collection of any order of a hearing officer, unless the person, before appealing, posts a cash appeal bond with the office of administrative hearings clerk in an amount equal to all civil fines, costs and fees assessed by the hearing officer. (e) When an appeal petition is filed, the municipal court clerk shall schedule an appeal hearing and notify each party of the date, time and location of the hearing. (f) An appeal hearing is conducted by municipal court judge. (q) The appeal hearing before a municipal court iudge shall be an administrative proceeding for the purpose of affirming or reversing the order issued by the administrative hearing officer. The appeal shall be decided under the substantial evidence rule and on the basis of the evidence adduced at the hearing before the hearing officer. The record of witness testimony may be preserved for appellant review by the use of an audio or video tape recording and no evidence may be adduced at the appeal hearing. The iudge shall not reverse the hearing officer's decision unless it is determined to be: (1) In violation of law; (2) Not reasonably supported by substantial evidence, based upon a review of the reliable and probative evidence in the record as a whole; or (3) Arbitrary and capricious or characterized by an abuse of discretion. (h) If the findings of the hearing officer are affirmed, the civil fines, costs or fees may not be modified except that additional penalties, and other costs, or fees may be added in accordance with the schedule in this chapter. (i) A person who is liable for parking violations and has not paid the fines, costs and fees assessed when due, the fines, costs, and fees assessed for the violations may be enforced by: —367— Page 20 of 27 (1) Impounding the vehicle if the owner or operator has committed three or more vehicle parking or stopping offenses in a calendar year; (2) Placing a device on the vehicle that prohibits movement of the motor vehicle: (3) Imposing an additional fine if the original fine is not paid within a specified time. (4) Denying issuance of or revoking a parking or operating permit, as applicable; or (5) Filing an action to collect the fines, costs, or fees in a court of competent jurisdiction. (1) In addition to paying the added fine amount for late payment as provided in section 53-55, the failure to comply with an order issued under this article may be enforced by any of the other methods provided in section 682.010, Transportation Code.. (k) The office of administrative hearings shall be responsible for creating and maintaining the delinquent vehicle list. (I) A delinquent vehicle may be placed on the delinquent vehicle list after notice has been issued and a hearing, if requested. (m) At least ten (10) days prior to placing a delinquent vehicle on the delinquent vehicle list, the clerk of office of administrative hearings shall mail a notice to the owner, at the address stated on the most current registration records available to the city from the state, or any more current address of which the office of administrative hearings has actual notice, by first-class United States mail postage prepaid. When the Department of Motor Vehicle does not have current registration records for a vehicle, a self -adhering notice placed on the vehicle will be deemed sufficient notice. The notice shall include: (1) The license number of the alleged delinquent vehicle; (2) The date certain on which the delinquent vehicle will be subject to placement on the delinquent vehicle list; (3) A list of three (3) or more alleged unresolved parking citations including the date, time, place of violation, and the nature of the violation; (4) That the owner may avoid the vehicle's being placed on the delinquent vehicle list by making an appearance on the unresolved parking citations; —368— Page 21 of 27 (5) The name, mailing address (and street address, if different), and telephone number of a city office or agency that may be contacted for a hearing if any of the alleged unresolved parking citations has been resolved by appearance, or if the recipient was not the owner of the vehicle when any of the alleged unresolved parking citations was issued, or if the title to the vehicle has been transferred since the unresolved parking citations were issued; and (6) That administrative fees, boot fees, and towing and storage fees may be payable to obtain the release of a vehicle booted or towed under this article in addition to appearance on any unresolved parking citations. (7) For a vehicle that is not yet a delinquent vehicle,_the notice required under this section may be mailed or adhered to the vehicle, provided that there are already two (2) unresolved parking citations and that a third parking citation, which shall also be specified in the notice, will become unresolved if an appearance is not made thereon by the date specified for placement of the vehicle on the delinquent vehicle list. (n) After the expiration of the date provided in the notice issued the office of administrative hearings shall review the records to ensure that the alleged unresolved citations have not been resolved by appearance, and that no information has been received indicating that the notice was erroneous. The hearing officer shall meet with any person desiring to present evidence that a notice given is erroneous, shall afford the person an opportunity to present any relevant evidence on the matter, and shall mail or otherwise furnish a written notice to the person of the hearing officer decision. (o) If the request for a hearing is received by the office of administrative hearings before the date specified in the notice for placement of the vehicle on the delinquent vehicle list, then the clerk shall notify the hearing officer of the request for hearing and afford the applicant an opportunity for a hearing prior to placement of the vehicle on the delinquent vehicle list. If the applicant timely appears for the hearing as scheduled, the clerk shall furnish the hearing officer and the applicant written notice of the adjudication hearing officer's decision. (p) Once a vehicle has been placed on the delinquent vehicle list, it shall not be removed from the list unless and until: (1) All unresolved parking citations issued during the time it has been registered to or otherwise held by the owner are resolved by appearance' (2) The hearing officer receives reliable information that the vehicle was not registered to its current owner at the time the unresolved citations were issued; —369— Page 22 of 27 (3) The hearing officer receives reliable information that title to the vehicle has been transferred; or (4) The hearing officer determines that the placement of the vehicle on the delinquent vehicle list was erroneous. Sec. 53-193. Impoundment or immobilization of motor vehicle for unpaid parking citations. they reyuireda e--perorrn. (a) An order filed pursuant to this article may be enforced by: (1) Impounding or immobilizing the vehicle if the violator has committed three or more parking or stopping offenses within the calendar year; and (2) Imposing an additional fine if the original fine is not paid within a specified time. (b) Provided however that no vehicle shall be impounded or immobilized under this article unless written notice is mailed, in accordance to section 53-59, to the last known registered owner, or current owner if that information is contained in the order filed pursuant to section 53-191. (c) If a vehicle owner does not request a hearing or pay the penalty as provided by this article, the vehicle may be immobilized or impounded after notice and opportunity for a hearing has been provided to the last known registered owner of the motor vehicle. (d) The written notice shall contain the following information: (1) The vehicle license plate number; (2) The name of the last registered owner of the vehicle; (3) The date issued, fine amounts, costs and fees for all outstanding or unresolved parking citation; (4) A statement that a request for a hearing to determine whether or not the motor vehicle will be immobilized or impounded must be made to the —370— Page 23 of 27 office of administrative hearings in writing, without requirement of bond, within ten (10) days after the date the notice was mailed; (5) A statement that failure to request a hearing before the expiration of the ten (10) day period, or failure to appear at a requested hearing will constitute a waiver of the opportunity to oppose the proposed impoundment or immobilization; and (6) A statement indicating that the registered owner of the vehicle, in addition to being responsible for all outstanding parking citations, will be responsible for all fees and costs incurred in immobilizing and impounding the vehicle, including storage fees. (e) If a hearing is requested, and the hearing officer determines that a vehicle will be immobilized or impounded, the hearing officer will issue a written order directing any police officer, parking enforcement officer or other authorized employee of the city to immobilize and impound the vehicle. The office of administrative hearings will also charge a hearing fee of fifty ($50.00) dollars that is separate from the immobilization fee. (f) If the office of administrative hearings does not receive a request for a hearing from the owner of the motor vehicle or the owner's representative within ten (10) days from the date the notice required by this section was mailed, or if the owner or owner's representative fails to attend a requested hearing, the hearing officer will issue a written order directing the immobilizing and impoundment of the vehicle. If the owner or owner's representative fails to attend a requested hearing, the office of administrative hearings will charge fifty ($50.00) dollars hearing fee that is separate from the immobilization fee. (q) Upon a determination by the hearing officer that a vehicle should be immobilized or impounded, the hearing officer or the office of administrative hearings will inform the owner or owner's representative of the determination, in person if the owner or owner's representative appear at a hearinq or by certified mail to the last known registered owner of the vehicle if they do not appear at a hearing. (h) Any police officer, parking enforcement officer or authorized employee may immobilize a vehicle under a hearing officer order by the installation or attachment of a device designed to restrict the normal movement of a vehicle. (i) When a vehicle is immobilized, the person executing the order will conspicuously attach to the vehicle a written notice on a form provided by the city as follows: —371— Page 24 of 27 (1) The vehicle has been immobilized pursuant to an order; (2) It is unlawful for any person to tamper with, deface, damage, or attempt to remove an immobilization device when it has been attached to a vehicle: (3) Instructions on having the vehicle released may be obtained by calling the office of administrative hearings or police department; (4) The vehicle may be towed and impounded if the owner of the vehicle or the owner's representative has not arranged to have the immobilization device removed by the city before 4:00 p.m.; and (5) The owner of the vehicle is responsible for payment of all applicable fees for towing, impoundment and storage of the vehicle, in addition to the fines, costs, and fees for any outstanding parking citations. (1) Nothing under this section shall be construed to restrict or limit the authority of police officers to tow and impound vehicles under other applicable law. Sec. 53-194. - of r Violations; penalties. areas of the city. (a) A person may not knowingly: (1) Stop, stand, or park a vehicle in violation of this chapter or state law; or (2) Permit a vehicle owned by the person or registered in the person's name to stop, stand, or park in violation of this chapter or state law. (b) If a parking space limit line is delineated on a street or parkinq lot owned or maintained by the city, a person: (1) May not park a vehicle on or across the line; and —372— Page 25 of 27 (2) Shall park a vehicle entirely within the delineated area. (c) A person may not park a vehicle in a driveway of a parking lot owned or maintained by the city. (d) A person may not park on an off-street parking lot or parking garage at property owned or leased by the city that has been designated by the city manager for city employee parking, unless the person is an employee of the city. Lei A person may not park on an off-street parking lot or parking garage at property owned or leased by the city that has been designated by the city manager for visitor parking, unless the person is conducting business at a city facility served by the parking lot. fQ A person other than a person operating a commercial vehicle may not stop, stand or park a motor vehicle in a designated commercial service zone. fsl A person operating a commercial vehicle may not stop, stand, or park in a designated commercial service zone for more than 30 minutes. fin A person may not stop, stand, or park a vehicle in a zone marked as a safety zone or within fifteen (15) feet of a fire hydrant. f A person may not stop, stand, or park a vehicle in a prohibited parking area no parking zone, or restricted parking area that is designated as a tow -away zone. fit A person may not stop, stand, or park a vehicle on a sidewalk, right-of-way, or crosswalk. ICs1 A person may not stop, park or leave standing any vehicle, whether attended or unattended, upon the main -traveled part of a street, in a manner or under any condition which leaves available less than fourteen (14) feet of the width of the street for the free movement of vehicles. f1 A person may not back a vehicle into a parking space on a public street designated for head -in angle parking. (m) A person may notpark a vehicle head -in in a parking space on a public street designated for back -in angle parking. (n) A person may not stop, stand, or park any vehicle having attached thereto a trailer, and the overall length of the vehicle and trailer is nineteen (19) feet or more, on any street where angle parking is designated. —373— Page 26 of 27 fo) A person may not stop, stand, or park a vehicle and leave it unattended within an alley in any manner or under any condition which leaves available less than ten (10) feet of the width of the alley for the free movement of vehicles except for the active and expeditious loading and unloading of freight. fpj A person may not stop, stand, or park a vehicle within an alley in any position which blocks a driveway entrance to any abutting property. fg , A person may not double park or park two vehicles within a single parking space. frj A person may not deposit or cause to deposit a parking fee to extend the time limit beyond what is allowed under section 53-257. f j A person may not stop, stand, or park a vehicle on a public street or highway facing the opposite direction of travel. Al A person may not stop, stand, or park a vehicle beyond the posted time zone or at an expired meter. La A person may not stop, stand, or park a vehicle with wheels over eighteen (18) inches from curb or edge. A person may not stop, stand, or park a vehicle in a bus stop or taxi zone. u A person may not stop, stand, or park a vehicle blocking two (2) meter spaces." 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 hereof 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. Penalties are as provided in Section 53-55 of the Code of Ordinances. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are repealed as of the effective date of this Ordinance SECTION 6. This Ordinance takes effect October 1, 2011. —374— Page 27 of 27 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame Priscilla G. Leal Mark Scott John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Chris N. Adler David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame Priscilla G. Leal Mark Scott John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Chris N. Adler David Loeb PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED AS TO FORM: July 7, 2011 T. Trisha Dang Assistant City Attorney For City Attorney —375— 23 City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of 07/12/2011 DATE: July 12, 2011 TO: Ronald L. Olson, City Manager FROM: D. Troy Riggs, Chief of Police7i -- Troyr(a�cctexas.com 886-2603 Updating the ordinance governing parking meter zones and rates. PURPOSE: ORDINANCE AMENDING CHAPTER 53, TRAFFIC, ARTICLE I. DEFINITION, ARTICLE 11. ADMINISTRATION, ARTICLE VI. STANDING AND PARKING AND ARTICLE VIII. SCHEDULES OF THE CORPUS CHRISTI CODE OF ORDINANCES, BY REVISING VARIOUS SECTIONS IN SAID ARTICLES TO PROVIDE ADDITIONAL DEFINITION; TO CREATE AND EXPAND PARKING ENFORCEMENT OFFICER DUTIES; TO PROVIDE INSTALLATION OF PARKING METERS AND PAY STATIONS; TO PROVIDE PAID PARKING SPACES AND ZONES AND LOCATION; TO PROVIDE TIME LIMITS ON PAID PARKING SPACES AND ZONES; TO PROVIDE FEE AND EXEMPTIONS; TO PROVIDE PARKING CITATION FOR PARKING VIOLATION; TO ESTABLISH PARKING ADVISORY COMMITTEE; TO ESTABLISH PARKING ZONE AND RATE; TO PROVIDE FOR A SEVERANCE CLAUSE; TO PROVIDE FOR PUBLICATION; TO PROVIDE FOR A REPEALER CLAUSE; AND TO PROVIDE AN EFFECTIVE DATE OF AUGUST 1, 2011. BACKGROUND AND FINDINGS: The Corpus Christi Police Department has conducted extensive research for the purpose of revamping the Parking Control program. The research compares Corpus Christi to other cities across the country in terms of parking meter rates, equipment, parking zones, and general standard operating procedures. We currently have 962 parking meters which are a combination of mechanical and electronic meters. The mechanical meters can only be modified to accept certain coin configurations and these changes are made by our part-time meter repair person, a retired City employee. Sixty percent of the meters are 35-50 yrs old and parts are not available, forty percent are 1st generation digital with no operating systems, just coin counters. The proposal is to replace or upgrade existing meters and purchase hand-held ticket writers for the Parking Control personnel. The ticket writers will enable personnel to run the license plates of vehicles for violations. The proposal also establishes a `Parking Improvement Fund" beginning FY13 with 30% of the gross revenue held for revitalization of the downtown area. This percentage will increase to 40% in FY14 and 40% in subsequent years. It will also establish a "Parking Advisory Committee" to make recommendations to the program, members comprised of representatives of Downtown Management District, Uptown Neighborhood Initiative, Business Owners and Managers Association, Corpus Christi Beach Taskforce, Corpus Christi Convention and Visitors Bureau, City Council appointees, and city staff liaisons. The committee will review and recommend — some actions would require City Manager approval and some Council approval. The current meter rates per hour vary from 40¢, 35¢, 250, 20¢, 17¢, 15¢, 100 and 5¢; Mon — Fri., 8:00 AM — 6:00 PM, except holidays. The current Rates on Texas State Aquarium meters per hour are 75¢ and 50¢; Every day of the week, 8:00 AM - 6:00 PM. There is no real pattern to the current rates with 3 or 4 rates occurring on the same street. This proposal will establish new rates and new "zones": —37 9— • Hourly: 75¢, 50¢ and 25¢; Mon — Fri., 8:00 AM — 6:00 PM. ■ Texas State Aquarium Hourly: $1.00 and 75¢; Every day of the week, 8:00 AM — 6:00 PM. • The 'Paid Parking Zones' (or rate bands) are assigned to specific meters by Parking Control Division with City Manager approval to necessary streets. ■ Free Holidays have been eliminated. ALTERNATIVES: None OTHER CONSIDERATIONS: None FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense X Revenue o CIP FISCAL YEAR: 2010 - 2011 Project to Date Exp. (CIP Only) Current Year Future Years TOTALS FY 2012 FY 2012 Budget 0 0 $649,437 $649,437 Encumbered / Expended Amt. as of July 12, 2011 0 0 0 0 This item 0 0 0 0 FY2012 FY2012 BALANCE 0 0 $649,437 $649,437 FUND(S): General Fund Comments: With this one year rollout proposal, it is anticipated that revenues will be $667,770 in Year 1 FY2012, $727,660 in Year 2 FY2013, and $976,221 in Year 3 FY2014. In Year 3 we will propose an additional rate increase of 33%. FY2012 expenditures will increase to provide for an additional Parking Control employee as well as replacing a large majority of the existing meters. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for approval of the revised ordinance. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal LIST OF SUPPORTING DOCUMENTS: Ordinance Cc: Trisha Dang, Assistant City Attorney Constance P. Sanchez, Iterim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manama_ Page 1 of26 AN ORDINANCE AMENDING CHAPTER 53, TRAFFIC, ARTICLE I. DEFINITION, ARTICLE II. ADMINISTRATION, ARTICLE VI. STANDING AND PARKING AND ARTICLE VIII. SCHEDULES OF THE CORPUS CHRISTI CODE OF ORDINANCES, BY REVISING VARIOUS SECTIONS IN SAID ARTICLES TO PROVIDE ADDITIONAL DEFINITION; TO CREATE AND EXPAND PARKING ENFORCEMENT OFFICER DUTIES; TO PROVIDE INSTALLATION OF PARKING METERS AND PAY STATIONS; TO PROVIDE PAID PARKING SPACES AND ZONES AND LOCATION; TO PROVIDE TIME LIMITS ON PAID PARKING SPACES AND ZONES; TO PROVIDE FEE AND EXEMPTIONS; TO PROVIDE PARKING CITATION FOR PARKING VIOLATION; TO ESTABLISH PARKING ADVISORY COMMITTEE; TO ESTABLISH PARKING ZONE AND RATE; TO PROVIDE FOR PENALTIES; TO PROVIDE FOR A SEVERANCE CLAUSE; TO PROVIDE FOR PUBLICATION; TO PROVIDE FOR A REPEALER CLAUSE; AND TO PROVIDE AN EFFECTIVE DATE OF AUGUST 1, 2011. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Code of Ordinances, Chapter 53, Traffic, Article I. Definition, Article II. Administration, Article VI. Standing and Parking, and Article VIII. Schedules are amended by revising the Articles to read as follows: "CHAPTER 53 TRAFFIC ARTICLE I. IN GENERAL * Sec. 53-2. - Definitions. The following words and phrases when used in this chapter shall have the meanings respectively ascribed to them in this section: Alley: A public thoroughfare which ordinarily affords only a secondary means of access to abutting property. City center Described as the area bounded by the following streets: On the north by interstate 37 to the US Highway 181 interchange then US Highway 181 to the city limits, east by Corpus Christi Bay, south along Buford Street, west along North Staples Street. —381— Page 2 of 26 Commercial vehicle: Any motor vehicle (other than a motorcycle) designed or constructed for the transportation and delivery or pick up of heavy or bulky materials, and having the name of the firm permanently affixed, painted or inscribed on both sides of the vehicle in letters at least two (2) inches high. The use of magnetic or any temporary or easily removed signs for firm identification will not be permitted. Loading zone: The space adjacent to a curb reserved for the exclusive use of commercial vehicles during the loading and unloading of materials. School zone. Each street, alley and public ground, or part thereof, within three hundred (300) feet of the nearest property line of any school or remotely located school pedestrian crosswalk associated with such school, public or private, having a regular average attendance of one hundred and fifty (150) pupils, whereabout advance school advance warning signs and school speed limit regulatory signs (conforming to the "Texas Manual on Uniform Traffic Control Devices") shall have been erected and are conspicuously displayed on such street, alley or ground indicating the approach to the boundary line of such school zone. By the erection of such signing, a legal school zone shall be established. Signs bearing the words "END SCHOOL ZONE" and indicating the normal posted speed limit shall be erected at each end of such school zone giving notice to motorists that normal, safe driving speeds may be resumed. Traffic section: The traffic section of the police division of the city, or in the event a traffic section does not exist, then such term whenever used in this chapter shall be deemed to refer to the police division of the city. ARTICLE II. ADMINISTRATION Sec. 53-27. - Parking attendants enforcement officer—Office and positions established; qualifieationst supervision. There is hereby established under the department designated by the city manager the office and positions of parking attendant enforcement officer. Such parking attendants enforcement officers shall be under the immediate supervision of the city manager, or such officers or employees of the city designated by the city manager, and shall be a part of the department designated by the city manager.-- -382– Page 3 of 26 Sec. 53-28. - Same—Duties. It shall be the duty of east} parking attendant enforcement officer (a) To assist or direct traffic around or on the road, street, or highway during dangerous conditions; (b) To collect money deposited in parking meters and at pay stations, (c) To place an immobilization device or impound vehicle that has accumulated three (3) or more unpaid stopping, standing or parking violation fines, costs or fees; and (d) To issue written notices or citations, as provided in section 53-19888, whenever any vehicle is found to be unlawfully parked: LI) oOn any public street, city owned or controlled property in the city in violation of any of the provisions of this chapter, (2) lin any loading or freight zone, or (3) fin any no -parking zone designated by appropriate signs or marking, (4) In any area or space designated specifically for persons with disabilities, or (5) In any fire zones. Sec. 53-29. - Same—Limitation on powers. Sections 53-27 and 53-28 shall never be construed as granting or establishing in parking attcndant& enforcement officers the powers or authority of a peace officer, or as having the power to make arrests or serve warrants. Such parking attendants enforcement officers shall be strictly prohibited and limited to the exercise and performance of the duties provided for in section 53-28. No authority to require signatures of violators on any notice or summons or citations is granted to such attendants parking enforcement officers. –383– Page 4 of 26 ARTICLE VI. STANDING AND PARKING DIVISION 4. PARKING METERS Sec. 53-180. - Definitions. As used in this division, the following terms shall have the meanings respectively ascribed to them in this section: Appearance date: The last day to respond to a parking citation, which is the tenth (10th) calendar day after the issuance of the parking citation. Boot: A lockable vehicle wheel clamp or similar device that is designed to be placed on a parked vehicle to prevent the operation of the vehicle until the device is unlocked and removed. Driveway:: An area adjacent to a curb cut providing vehicular access between a street and an off-street parking area, including a circular driveway. Early Payment Fine: Payment of the total fine and costs due for the violation on or before the appearance date. Electronic payment: Payment made in parking meters or parking pay stations by the use of a credit card, a bank debit card, or a parking meter fee debit card to pay parking fee. Each parking meter or parking pay station will only be subject to the methods of electronic payment available to that specific parking meter or parking pay station. Delinquent vehicle: Any vehicle on which three (3) or more unresolved parking citations are outstanding or unpaid fines, which citations were issued during the time the vehicle has been registered to or otherwise held by the owner. Delinquent vehicle list: The current delinquent vehicle list as maintained by the office of administrative hearings. Hearing office: The hearing officer and all associate hearing officers appointed by the city manager. -384— Page 5 of 26 (1) New Year's Day. (2) Washington's Birthda i e"y. (4) independence vat (5) Labor Day. (6-Oelumbus-Day (7) Veteran's Day. OWThariliegivi#9-Day7 (n) Ch stmao Da,, Immobilize: To place a boot on a parked vehicle to prevent the operation of the vehicle until the boot is unlocked and removed. Loading zone: A space or section of the curb set aside for the exclusive use of loading and unloading persons, supplies and merchandise. Officer Any peace officer or parking enforcement officer employed by the city and any other city employee, who is designated by the city manager to issue parking citations, place and remove boots, or cause vehicles to be towed under this article. Outstanding: A citation issued and not cleared by an appearance within ten (10) calendar days after the issuance of the parking citation. Owner: The person registered with the state as the present owner of a vehicle in the most current registration records available to the city, or any transferee not designated in such records, provided that the city has received actual notice of the transfer. Paid parking space: A space that is delineated on a public right-of-way or city owned or leased property for which payment is required to park a vehicle. Paid parking zone: A group of parking spaces, on a public right-of-way or on city property, that are delineated by a posted sign and for which payment is required to park a vehicle. Park or parking: The standing of a vehicle, whether occupied or not, otherwise than temporarily, for the purpose of and while actually engaged in unloading or loading passengers or merchandise. Parking Benefit District: A self supporting parking program designed to enhance a specified• area, region or attraction of the city. —385— Page 6 of 26 Parking meter Any mechanical or electronic device that the city places or erects on city property, adjacent to a paid parking space(s) for the purpose of managing and controlling the use of paid parking spaces and that requires payment for use. --Parking-occasion: The uninterrupted period of time that a vehicle is parked -in a paid parking space or a paid parking zone, while paid parking time limits are in effect. Parking pay station: Any electronic device, except a parking meter, that the city places or erects on city property for the purpose of managing and controlling the use of paid parking spaces and/or paid parking zones, that requires payment for use. Parking time limit: The amount of time a vehicle may remain legally parked in the paid parking space, after the deposit of payment. Pay and display station: A parking pay station that dispenses a receipt, as proof of payment, to be displayed as required in section 53-187(c). Pay by space station: A parking pay station that measures the lawful parking occasion and its expiration for specific paid parking spaces without issuing a receipt for display on a vehicle. Standard Fine: Payment of the fine and costs after the appearance date or on the scheduled hearing date. Uninterrupted period of time: The unbroken or continuous period of time a vehicle is parked in a paid parking space. Unresolved: A citation issued and not cleared by an appearance within ten (10) calendar days after the issuance of the parking citation. Vehicle: Any device in, upon or by which any person or property is or may be transported upon a street or highway, except those operated upon rails or tracks. Sec. 53-181. - Authority to install meters and mark parking spaces. In the paid parking meter zones established by schedule VIII, section 53- 257, and in such other paid parking meter zones as may be hereafter created by city ordinance of the city, the city is authorized to have installed parking meters and pay stations, and is authorized to cause mark or designate parking meter spaces to -be -designated ' - under this division chapter. The city manager, or designee, shall provide for the installation, regulation, control, operation and use of the parking meters or parking pay —386— Page 7 of 26 stations and shall maintain such parking meters and pay stations in good working condition. Sec. 53-182. Parking Benefit Districts, parking Tots and parking structures. the deposit of a coin of the United States therein as herein prescribed for a period as fixed by such section or other ordinances of the city has expired. The city council may authorize the parking control division to: (a) Implement and manage self supporting parking programs known as Parking Benefit Districts; and (b) Enter into agreements with private property owners to operate and manage parking Tots and parking structures as long as the current parking revenue covers its anticipated costs from the agreements. Sec. 53-183. wholly within marked linos. Parking meters and parking pay stations. The city manager, or such officers e. -employees of the city as he shall celect, shall place lines or marks on the curb or on the street about or alongside of each parking meter to designate the parking space for which —387— Page 8 of 26 (a) The parking control division, with the city manager approval, may use parking meters and parking pay stations to regulate parking time restrictions in paid parking spaces and parking zones established in schedule VIII, section 53-257, and in such other paid parking spaces and parking zones as may be hereafter created by city ordinance. (b) A parking meter must: (1) Be installed adiacent to the parking space it monitors or be labeled to indicate the space(s) it services; (2) Indicate the maximum uninterrupted period of time a vehicle may remain parked in the space during any parking occasion; (3) Display the amount of time a vehicle may remain legally parked in the space after the deposit of payment; and (4) Be so arranged that upon the expiration of the parking time limit it will indicate by a mechanical or digital display the proper signal that the lawful parking period as fixed by such section or other ordinances of the city has expired. (c) A parking pay station must: (1) Be installed on the same city block or at the same city -owned or controlled parking lots or facilities as the paid parking space or zone it monitors; (2) Indicate the maximum uninterrupted period of time a vehicle may remain parked within the paid parking space or the maximum parking time limit in a paid parking zone during any parking occasion; and (3) Either: a. Measure and store the amount of time a vehicle may remain legally parked after the deposit of payment; or b. Issue a receipt that indicates the amount of time a vehicle may remain legally parked after the deposit of payment. (d) A parking meter or pay station shall indicate the hours and days that paid parking time limits are in effect. —388— Page 9 of 26 (e) A parking meter or pay station shall indicate the amount of fee for parking a vehicle. (f) The parking control division shall equip parking meters and pay stations to accept electronic payment or U.S. coins in denominations appropriate to pay the fee for parking a vehicle. (g) The city may issue a parking meter fee debit card for use in a parking meter and may establish rules to administer this section. Sec. 53-184. . - • - - . parkins spaces and parking zones. Paid (a) The city manager, or designee, shall establish the location of paid parking spaces and parking zones on the streets and in city -owned or controlled parking Tots or facilities where the city determines that the strict enforcement of parking time limits is appropriate. (b) The city street department may paint or mark each individual paid parking s ace to revent encroachment into ad'acent aid arkin s aces. (c) The following streets and locations have been approved for paid parking zones and installation of parking meters or parking pay stations as established under section 53-183: Coopers Alley — North Shoreline Boulevard to Water Street. John Sartain — North Shoreline Boulevard to Mesquite Street. William Street — North Shoreline Boulevard to Lower Broadway. Lawrence Street — North Shoreline Boulevard to Lower Broadway. Schatzell Street — North Shoreline Boulevard to Lower Broadway. Peoples Street — North Shoreline Boulevard to Lower Broadway. Starr Street — North Shoreline Boulevard to Lower Broadway. Taylor Street — North Shoreline Boulevard to Lower Broadway. —389— Page 10 of 26 Twigg Street - North Shoreline Boulevard to Lower Broadway. Mann Street - North Shoreline Boulevard to Mesquite Street. North Shoreline Boulevard - Peoples Street to Lawrence Street. Water Street - Coopers Alley to Interstate 37. Chaparral Street - Coopers Alley to Interstate 37. Mesquite Street - Upper North Broadway to Interstate 37. Lower Broadway - William Street to Twigg Street. Middle Broadway - Antelope Street to Buffalo Street. Upper Broadway - Coopers Alley to Winnebago Street. Carancahua Street - Coopers Alley to Winnebago Street. Tancahua Street - Coopers Alley to Interstate 37. Blucher Street - Carancahua Street to Upper Broadway. Commanche Street - Carancahua Street to Tancahua Street. Ligan Street - Upper Broadway to Tancahua Street. Mestina Street - Upper Broadway to Carancahua Street. Leopard Street - Upper Broadway to North Staples Street. Antelope Street - Upper Broadway to North Carrizo Street. Buffalo Street - Upper Broadway to North Carrizo Street. Municipal Parking Lot No. 1 (bounded by U.S. 181 exit ramp to Mesquite Street and Interstate 37) . Chaparral Street - Beldon Street to Harbor Drive. Mesquite Street - Beldon Street to Harbor Drive. North Broadway Street - Beldon Street to Harbor Drive. -390- Page 11 of26 Water Street — Beldon Street to Resaca Street. East Port Avenue — Chaparral Street to North Broadway Street. Brewster Street — Chaparral Street to North Broadway Street. Hughes Street — Chaparral Street to North Broadway Street. Resaca Street — Mesquite Street to North Broadway Street. Fitzgerald Street — North Shoreline Boulevard to North Broadway Street. Palo Alto Street — North Shoreline Boulevard to North Broadway Street. Power Street — North Shoreline Boulevard to North Broadway Street. Belden Street — Water Street to North Broadway Street. Alameda Street —.Ayers Street to McKenzie Street Staples Street — Avers Street to Booty Street In the Corpus Christi Beach Area: North Shoreline Boulevard — Pearl Avenue to Coastal Avenue. Breakwater Avenue — North Shoreline Boulevard to West Surfside Avenue. Bridgeport Avenue — North Shoreline Boulevard to West Surfside Avenue. Coastal Avenue — North Shoreline Boulevard to East Surfside Avenue. West Surfside Avenue — Breakwater Avenue to Elm Avenue. U.S. Highway 181 East Access Road — Breakwater Avenue to Coastal Avenue. Sec. 53-185. parking. Time limits on paid —391— Page 12 of 26 (a) Paid parking time limits are in effect from 8:00 a.m. to 6:00 p.m., Monday through Friday, unless otherwise posted or authorized by schedule VIII, section 53-257. (b) The city manager, or designee, shall establish the maximum uninterrupted period of time a person may continuously park a vehicle for each parking occasion. (c) When paid parking time limits are in effect, a person may not park a vehicle for more than the maximum parking time limit established by the city for each parking occasion. (d) A vehicle may not be moved and re -parked in the same paid parking space or parking zone to avoid violating the maximum parking time limit for each parking occasion. (e) When paid parking time limits are in effect, a person may not allow a vehicle to remain parked in a paid parking space or parking zone when the authorized parking time has expired. (f) Each hour of violation of any provision of this division shall constitute a separate offense and be punishable as a separate offense as provided in this chapter. Sec. 53-186. Parking adjacent t„ . re.+ motor. Fee for use of paid parking spaces and parking zones. —392— Page 13 of 26 The fee for use of paid parking spaces and paid parking zones is set by schedule VIII, section 53-257. Sec. 53487. prohibited: Fee due for parking vehicles; exemptions. meter is placed. (a) A person parking a vehicle in a metered parking space or paid parking zone shall immediately deposit or pay the parking fee at the time of parking the vehicle. If a trailer is attached to a vehicle and an additional space is occupied then the person must deposit or pay the parking fee for spaces occupied by both the vehicle and the trailer. (b) A person must deposit U.S. coins in denominations accepted by the parking meter or parking pay station, or use electronic payment to pay the parking fee as marked. (c) If parking a vehicle in a space monitored by a pay and display station a person shall immediately attach the pay station receipt to the inside of the vehicle's windshield as instructed on the receipt. The receipt must be placed in a position so that it can be read from outside of the vehicle. (d) The minimum amount of_parking time that may be purchased is fifteen (15) minutes, except as provided in schedule VIII, section 53-257. (e) An owner of a vehicle is exempt from the payment of a fee for parking at a meter if the person complies with the conditions under sections 681.006, 681.007, 681.008, Transportation Code. Sec. 53-188. - Duty of police or other officer as to vehicles parked overtimes parking citations. It shall be the duty of each -police -officer, or cuch other officer or cmployco —393— Page 14 of26 (a) A police officer, parking enforcement officer or any other city employee designated or authorized by the city manager shall issue a parking citation or notice to any person who commits a parking violation. (b) If the owner or operator of the vehicle is not present at the time the citation is issued, the person issuing the citation may affix the citation to the vehicle in a conspicuous place. The operator of a vehicle who is not the registered owner but has the express or implied permission to operate the vehicle is considered the registered owner's agent and is authorized to receive a parking citation. (c) A parking citation serves as summons and notice of the administrative adjudication hearing under this chapter. The original and all copies, including electronic copies, of a parking citation are prima facie evidence that the parking citation was issued and that an attempt at service was made in accordance with this section. Sec. 53-189. - Authority to establish loading zones in metered areas. The city manager, er cuch officers or employees of the city designated by the city manager, is hereby authorized to establish such loading zones as aro neceecary for the conduct of bucinccr, to omit parking meters from cuch the loading zones, and properly to sign and properly mark such zones whcrc, in his property. * * Seas.53-196 53199. Reserved. Sec. 53-196. Parking Advisory Committee. (a) There is hereby created an advisory board to be called the parking advisory committee. (b) Membership composition, appointments and terms of the parking advisory committee are as follows: (1) Appointment: The parking advisory committee shall be composed of fourteen (14) members who shall serve without compensation as follows: * * —394— Page 15 of26 a. The parking control manager or supervisor shall serve as presiding officer or chairperson of the committee as a non-voting member. b. The city manager shall appoint one (1) representative. c. The police department shall appoint one (1) representative. d. The parks and recreation department shall appoint one (1) representative. e. The council member from District 2 shall appoint one (1) representative. f. The three (3) At -Large council members shall collectively appoint one (1) representative. q. The Downtown Management District shall appoint two (2) representatives. h. The Corpus Christi Beach Task Force shall appoint two (2) representatives. i. The Uptown Neighborhood Initiative shall appoint two (2) representatives. I. The following organizations shall each make one (1) appointment: 1. Corpus Christi Convention & Visitors Bureau (CCCVB); 2. Building Owners and Managers Association (2) Terms and vacancies: a. Presiding officer or chairperson shall be a standing position. b. Representatives from the city manager,_police department and parks and recreation department shall serve one (1) year term, expiring on July 31 of each year. c. Council members' representatives shall serve on the same term as the council member who appoints him or her. d. All other representatives shall serve for a term of four (4) years, with the terms of two or three representatives, expiring on July 31 of each odd - numbered year. The terms will be determined at the committee's first meeting. —395— Page 16 of 26 e. A voting member may not serve for a period longer than six consecutive years. f. If a vacancy occurs during a term, the appointer shall appoint a replacement who meets the qualifications of the vacated position to serve for the remainder of the term. (3) The parking advisory committee provides advice and recommendations to the police chief, city manager or city council on matters relevant to the administration and enforcement of this chapter, including: a. On -street and off-street parking, special events and revitalization projects within the city center; b. Developing parking enhancement projects for the city such as expansion of paid parking zones and parking facilities. c. Parking and signage programs and city center concerns. d. The location, time and rates for paid parking zones, paid parking facilities owned or controlled by city, parking meters and parking pay stations, and penalties for delinquent violators. e. Expenditure or usage of Parking Improvement Fund. f. Parking improvement. q. Participate with the county on parking enhancement and city center revitalization matters. (4) Organization: a. Manager or supervisor of parking control division shall serve as the presiding officer or chairperson of the committee. b. Committee shall elect a member to serve as a vice -chairperson, and who shall serve for a term of one (1) year. The vice -chairperson shall act as the chairperson in the absence of the chairperson or in the event of a vacancy in that office. (c) The parking advisory committee meets a minimum of twice yearly and maV meet at other times at the call of the chairperson of the committee. (d) The parking advisory committee shall submit written reports and recommendations to the police chief and city manager. The city manager will —396— Page 17 of 26 review the reports and recommendations before submitting to city council for action if necessary. (e) The parking advisory committee shall have limited power and shall not incur any debts, expenses or liability to the city without the prior written consent of city council. (fl The parking advisory committee shall not engage in any anti-competitive practice or engage in any action that will solely benefit any one member or a group of members. (q) The committee shall adopt bylaws to govern its operations in cooperation with the police chief, city manager and city council. Secs. 53-197-53-199. - Reserved. ARTICLE VIII. SCHEDULES Sec. 53-257. - Schedule VIII, Parking meter zone: established. Leopard Street. –397– Page 18 of 26 Carancahua Street. Street. Street. (2) Poopies Strout (north side only) Water Street to Shoreline Boulevard. Alley to John Sartain Street. Broadway: (9) Twigg Street (both sides) Lower Broadway to Mesquite Street. Street to Leopard Street. -398- Page 19 of 26 (16) Municipal Parking Lot No. 1 (boundcd by U.S. 181 Exit Ramp; the -parking -let, - - - and 14). Street, Street. cxccpt for portions deccribed in subsection (a) -Meter Zone No. 1 (Items 6 No. 7 (Item 1). (7) Tancahua Street (both sides) the 600 Block. North Broadway, Broadway, Buffalo -Street -and -14=1,37, Street. -399- Page 20 of 26 - •'II a.m. and 6:00 p.m. on any day except Saturdays, Sundays and holiday Street. (5). Street to Antelope Street. Street to Mesquite Street. Street to McKenzie Street. (17) Mann Street (both sides) Chaparral Sheet to Mesquite Street: -400- Page 21 of 26 (1) Reserved, Avenue. Avenue. -401- Page 22 of 26 (1) Breakwater/lvonuc East Surfcide Avenue to West Surfside Avenue. Avenue. (1) East Surfside Boulevard Pearl Street to Elm Street. fkyltAeter Zone No. 11 is established as a may en hour meter zone in Sartain Street. (1) Water Street (both sides) Belden Street to Power Street. (a) Paid parking spaces are grouped into paid parking zones to establish time limits for each type zone. Each type of paid parking zone is specific to the needs of the traffic flow and parking needs of the area it is established. -402- Page 23 of 26 (b) All fees due and methods of payment are established under section 53-187, except where otherwise established in this section. (c) The paid parking zones established under Section 53-184: (1) Paid Parking Zone No. 1 is established as a two (2) hour paid parking zone in which parking shall be limited to fifteen (15) minutes upon deposit of fifteen ($0.15) cents, thirty (30) minutes upon deposit of thirty ($0.30) cents, and one (1) hour upon the deposit of fifty ($0.50) cents, between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Fridays. (2) Paid Parking Zone No. 2 is established as a two (2) hour paid parking zone in which parking shall be limited to fifteen (15) minutes upon deposit of twenty ($0.20) cents, thirty (30) minutes upon deposit of forty ($0.40) cents, and one (1) hour upon the deposit of seventy-five ($0.75) cents, between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Fridays. (3) Paid Parking Zone No. 3 is established as a four (4) hour paid parking zone in which parking shall be limited to fifteen (15) minutes upon deposit of fifteen ($0.15) cents, thirty (30) minutes upon deposit of thirty ($0.30) cents, and one (1) hour upon the deposit of fifty ($0.50) cents, between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Fridays. (4) Paid Parking Zone No. 4 is established as a four (4) hour paid parking zone in which parking shall be limited to fifteen (15) minutes upon deposit of twenty ($0.20) cents, thirty (30) minutes upon deposit of forty ($0.40) cents, and one (1) hour upon the deposit of seventy-five ($0.75) cents, between the hours of 8:00 a.m. and 6:00 p.m, Mondays through Fridays. (5) Paid Parking Zone No. 5 is established as a ten (10) hour paid parking zone in which parking shall be limited to fifteen (15) minutes upon deposit of twenty ($0.20) cents, thirty (30) minutes upon deposit of forty ($0.40) cents, and one (1) hour upon the deposit of seventy-five ($0.75) cents between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Fridays. (6) Paid Parking Zone No. 6 is established as a ten (10) hour paid parking zone in which parking shall be limited to one (1) hour upon the deposit of fifty ($0.50) cents between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Fridays. P_i Paid Parking Zone No. 7 is established as a ten (10) hour paid parking zone in which parking shall be limited to one (1) hour upon the deposit of —403— Page 24 of 26 twenty-five ($0.25) cents, between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Fridays. (8) Paid Parking Zone No. 8 is established as a maximum four (4) hour paid parking zone in which parking shall be limited to a minimum of one (1) hour and a maximum of four (4) hours upon the deposit of one ($1.00) dollar per hour, between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Sundays. (9) Paid Parking Zone No. 9 is established as a maximum eight (8) hour paid parking zone in which parking shall be limited to a minimum of one (1) hour and a maximum of eight (8) hours upon the deposit of seventy-five ($0.75) cents per hour, between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Sundays. (10) Paid Parking Zone No. 10 is established as a maximum ten (10) hour paid parking zone in which parking shall be limited to a minimum of one (1) hour and a maximum of ten (10) hours upon the deposit of fifty ($0.50) cents per hour, between the hours of 8:00 a.m. and 6:00 p.m.,. Mondays through Sundays. (11) Paid Parking Zone No. 11 is established as a maximum ten (10) hour paid parking zone in which parking shall be limited to a minimum of one (1) hour and a maximum of ten (10) hours upon the deposit of seventy- five ($0.75) cents per hour, between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Sundays. (12) Paid Parking Zone No. 12 (event zone) is established as a maximum ten (10) hour paid parking zone in which parking shall be limited to a minimum of one (1) hour and a maximum of ten (10) hours upon the deposit of fifty ($0.50) cents per hour, between 12:00 a.m. and 11:59 p.m., Mondays through Sundays." —404— Page 25 of 26 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 hereof 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. Penalties are as provided in Section 53-55 of the Code of Ordinances. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are repealed as of the effective date of this Ordinance. SECTION 6. This Ordinance takes effect August 1, 2011. —405— Page 26 of 26 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame Priscilla G. Leal Mark Scott John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Chris N. Adler David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame Priscilla G. Leal Mark Scott John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Chris N. Adler David Loeb PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED AS TO FORM: July 7, 2011 T. Trisha Dang Assistant City Attorney For City Attorney —406— 24 City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of 7/12/2011 DATE: 6/27/2011 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo cctexas.Com 361-826-3464 PRESENTATION — Parks and Recreation Advisory Committee Annual Report STAFF PRESENTER(S): Name 1. Michael Morris Title/Position Department Director Parks and Recreation OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Carlos Haney Member Parks & Rec Advisory Committee BACKGROUND: The Parks and Recreation Advisory Committee (PRAC) is a City Council appointed committee charged with providing advice on projects, programs and policies related to Parks and Recreation. The Committee comes to City Council on an annual basis in June/July to give a report of their activities over the past 12 months. PRAC has invested a considerable amount of time and energy into making Corpus Christi a better place to Live, Learn and Play over the past year. This presentation is a summary overview of their accomplishments. LIST OF SUPPORTING DOCUMENTS: Powerpoint Cc: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Deputy Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager —409— Corpus Christi Parks & Recreation Advisory Committee Connecting the City and Community CORPUS CHRISTI PARKS& RECREATION Live. Learn. Play! 2010 Activities • Secured Logo Sponsors for PARD Latchkey Vans ' Procedure for member vacancy selection reviewed and initiated. 'Volunteer Handbook in progress. Printing to be provided by Ikon Office Solutions • Parkland Development ordinance reviewed and recommended to Council for approval. COFIPU8 is CHFT pEKso •• Adopted "Artesian Park" in downtown Corpus Christi • • Task Force 11 created to review, revise Park and Park Facility Renaming Procedure. •• PRAC Facebook page and website created • Tree City USA ordinance in progress • Vice -Chair participated on Boards & Commission Panel interviewing candidates for the selection of the new PARD Director. PRAC is making an effort to be more than just a committee that convenes around a conference table once a month. It sees an opportunity to engage the public, not only as ambassadors of some of the city's greatest assets, but also to simply let folks know about PRACS existence, that there is a process for individuals and groups to be heard, to be involved, to be a part of City Hall and work together towards a common goal of a healthy, active lifestyle. PRAC is not just a committee that advises, but also acts, that leads by example, like in the case of adopting Artesian Park. We chose the city's oldest park and a year later are set to transfer volunteer efforts to another group so we can adopt a different park and continue the foster parent approach. Spreading The Word Through Social Media. P.A.R.D. ARBOR DAY Beautify CC & Junior League Broadmoor Senior Center . .Kids Place Cleanup taxpayers, s easytor us to saythe cityisn'tdoing enough tor its residents. It's just too easy to shoulder government with all the responsibility . PRAC is attempting, in its own small way, to change the perspective. To raise the issue to fellow residents through positive engagement that if you want a better city, get involved, lend a hand. To raise awareness, interest and enthusiasm, PRAC is using social media tools. Through the Internet, we are spreading the word, not just about our efforts, but the Parks & recreation Department and the many other energized volunteer groups who are out there making things better. Groups such as Beautify CC and The Junior League of CC. IE Inf+ ,Photo (S) ❑ NOME LA Friends Friends (995) Sylvia 5arrxaniegn Carolyn G fry Lambert Edgar Delagarra 'tariff. T.Iha•°• Corpus Christi Prat 0 Lives .r CDrpus Christi, Texas share.. Phys al Photo ug Link Video Write something,b. MIRene Gutierrez Corpus Christi Prat Thank you to each Ind every one of yieu wile Joined lour page' And, WELCOME all our new friendlsa iya.11t,l,•-.. ,••j ._, 1 Ike' • Carftrn ri Corpus Chrl¢!I Frac 4fein:wile, we are at 489 It. friend_ Ask your friends, family. neigt bc sIr. Juin our page. And, remember Live, Learn. & Playa ,3hnuT an h mvmr age' - tfke. C n-unerl'I I Rod Oren Guevara Ilkes this. '4°arI[P a (r- frli'r'r... 'Mai a. ara 0.1 f 9 nn.n nn hr rm f ..4...J.A :a aa: dr. aa a.a ra.aa .a :A as..i.s. , • .�.'r Our Vice Chair Lisa Torres saw the potential for PRAC to connect with the community, first through Facebook and now with its own website. Social media is more than a passing fad, but why is it something to consider for PRAC? It's a tool to communicate. The message is to encourage a healthy active lifestyle through use of park programs and assets. We now have more than 1,000 friends on Facebook and our chair, Rene Gutierrez is challenging everyone of them to support our Tree City USA efforts by planting a tree. The goal is 12 by 12. 12 -thousand tress by 2012. • DE!DH a a ■ i ■ a ■ • • • • • PONG 1 But there are a lot of opposing, unhealthy messages out there, inundating our citizens, especially our youth who are most open to negative influence. It's a different world from when we grew up. I'm old enough to have played the first video game, a few blips on the screen called Pong. It was novel, but couldn't compete against a game of football outside with friends. Its an understatement to say times have changed. Now you have cinematic real time graphics that put the player in their own action movie. Technology, from smart phones to Xboxes, now has a hypnotic grip on kids and young adults. An extreme result is that of a 19 year old South Korean who died after playing a video game for 12 hours straight. As a kid, I had 5 TV channels not 500, no such thing as King Size candy bars, Big Gulps and triple meat bacon topped burgers. The media, the merchandising, the marketing machines that lure our kids is creating an imbalance in our lives, our families, our society. For many, apathy, sedentary lifestyle and obesity are the norm not the exception. Getting the attention of parents and their children is important because overeating and under exercising doesn't just diminish quality of life, it's also leading to predictions the next generation will have a shorter life span than their parents. Nationwide and locally there are many programs and people working hard to turn the tide. PRAC believes it's important to join the positive chorus in order to affect lasting change. Together we can shed the moniker Fattest City in the Nation, together we can reverse the Type Two Diabetes epidemic, together we can elevate a park system that supports healthy families while also developing its role in economic development and tourism. If we work together. • Parks & Recreation Advisory Committee Horne PRAC PARD Gallery Calendar Links, Accomplishments Parks & Recreation Advisory Committee Vision Statement The Parks and Recreation Advisory Committee connects the City and the Community to improve our duality of life. Eleven (1 1) members appointed by the City Council for a two year terra to provide advice on City parks and buildings therein, public outdoor recreation areas and centers and other grounds under its purviews as designated by the City Manager. Meets every 2nd Wednesday of every month, at 5200 p.m., at City Hall, Sixth Floor Conference Roorn ( Advisory) Article 2. Function The Corpus Christi Parks and Recreation Affvi i,ry fl ,rrmittpp cPrvpc P4. An Arivig.nru. Flflffvff5 fr1P ri u nn PII rllPftPrc rlPrfAininn ifs fhP flPIIVPh'rof So PRAC is attempting to do some simple marketing that spreads the word about itself and Parks and Rec. Our efforts have not gone viral, we aren't at the top of the Tweets, but we are attempting to stay relevant in a world with societal habits that are much different from when you and I played as children in our neighbor hood parks. Children and adults are suffering the effects of unintended consequences, but the solution is at our very fingertips and quite simple. It's making time to play. CORPUS CHRISTI PAF KSS' RECREATION Live. Learn. Play! Within the Parks and Recreation tagline is a message that can change lives for the better. Live. Learn and Play. No matter your interest or age, there is a place or program many of them within walking distance of your front door, that offers fun and free or low cost opportunities to play. Whether its splashing in the shimmering fountains at Bayfront Park or swinging your kid at the local park, PRAC encourages everyone to be a part of the solution rather than the problem, and all we have to do is play. Tennis for 10 and Under A great example of getting kids off the couch and out to play is the Corpus Christi Tennis Association 10 & under initiative. The 10 & under initiative is a pilot program designed to get more youngsters into the game using graduated courts, balls, equipment and scoring. Tennis has a great amount of competition from other sports and so this initiative is designed to get kids involved in a game based activity versus having to go out initially and take tennis lessons. That will come eventually to those wishing to take the sport a step further, but this a fun, no pressure approach that's designed to get the kids having fun the first time they pick up a tennis racket. • The CCTA also will be conducting some training programs for the CCISD, the CC Park & Recreation Latchkey Program, Local tennis professionals and Parents. One program that involves HEB Tennis Center is the T.E.N.N.I.S Success program that is aimed at kids in the community who are at risk or come from low income families. Ronald Elizondo is the director of the program and it is headquartered at the HEB Tennis Center, but also goes into schools to introduce students, many of them low income, to the game. Tennis is a great lifetime sport and teaches so much about character, sportsmanship, honesty, integrity and even teamwork. What the Tennis Association is doing with the Parks Department is a great example of collaboration that produces greater impact than either group could achieve alone. Its that kind of teamwork that PRAC salutes and would like to support in its social media efforts. WHO IS PRAC? So who is PRAC? The face of PRAC is interesting and diverse, with members bringing unique passions and talents to the committee table. Rene Gutierrez Our Chair, who was born, raised and educated here, brings a positive energy and passion to his role. His leadership style is not to tell, but to show. His dedication to Corpus Christi and its people continues to encourage and inspire PRAC members to become more pro -active and make a difference within our community." Lisa Ann Torres Our vice chair, is a marketing firecracker who single- handedly started our Face book page and PRAC website among other accomplishments. She is a driving force in urging us out into the community as ambassadors of PRAC. Huxley Smith Our resident green thumb, as Master Gardener he can be seen all around the city driving his moped with watering hoses strapped on the back as he makes his rounds, checking on multiple sites under his care. He led our efforts to adopt Artesian Park. MEM IMMim immusipm Will • 4:i. • Jinsun Kim Brings and educated an intellectual approach to PRAC, she was instrumental in starting a recycling tree at Earth Day celebration last year that offered a new perspective on the human and nature connection. Rita Padron Our parliamentarian who isn't afraid to call a point of order when needed. She's put many hours into the Volunteer Handbook that is in its final stages before publication. To stay she's involved in our community is an understatement, but her modesty prevents us from knowing about it. She did share with us that she coached City league basketball for many years from YBall to Boys Varsity Basketball and even took her teams to compete in TAAF State Boys Basketball tournaments. Sylvia Samaniego Could rightfully own the nickname Arbor Queen, as she has been a persistent force in trying to get the cit- a designation as Tree City USA. Whil that develops, corporate partners are already joining in with donations of trees. Ron Woods He is currently the President of the Corpus Christi Tennis Association and a former president of theUnited States Professional Tennis Association. He's been a tennis pro for forty years, but also an active volunteer on the local, state and national level. This past fall, he became a USPTA Master Pro, then received one of the organization's highest honors, the Alex Gordon Award for USPTA Professional of the Year. His volunteer efforts have spanned the last four decades, including efforts with Parks and Rec staff to introduce tennis into Latchkey. He's served on PRAC subcommittees for the Marina, Golf, Finance and now Program Development. He's also been part of our Adopt - A -Park efforts, Play -in -the -Park Activity along with the Youth Advisory Committee. Art Norman is an avid hiker and mountain bike rider. He is currently working with volunteers in Section 2 of Oso Creek Park to create and maintain new nature and mountain bike trails that offer all of levels nature seekers, hikers and mountain bike riders the opportunity to stay fit while also enjoying the natural habitat unique to this area. His vision is to turn that relatively unknown and unappreciated park of 115 acres from a neglected and abused dumping ground into a premier destination nature trail and mountain bike park that compares to similar type parks in cities like Austin and San Antonio. Dorian Ramirez One of the newest members but jumped right in to lead the highly technical task of rewriting the previously confusing legal language on renaming city parks. She is a veteran triathelete whose caloric burn rate is in the Michael Phelps range. Rick Barrera Our latest addition to PRAC and brings a family friendly approach to his role. As manager of a consumer outdoor play set store, he is helping kids stay active and healthy. While these brief bios barely scratch the surface of the member's talents and efforts, they do demonstrate that the council and city residents have at their disposal a Parks and Rec committee that together as a committee, together as a community, we can make positive changes on many levels. Volunteers I'd like to take a moment and talk about volunteers. The Parks Department enjoys the benefits of citizens who are doing their part to make their community stronger through the Parks volunteer program. From meals on wheels, to t -ball coaches, they are providing an important human connection to young and old. On a fiscal note, they are also making a sizeable impact. With more than 10 6, o o o volunteer hours last year, its estimated to be over a $1 million dollar impact if you were to pay them the average hourly park employee rate. Its important to note however, they are a supplement to, not a replacement for staff. Attracting more volunteers helps the department and helps the community, but it's not a practical answer when looking for ways to cut budgets. Understanding PARD In the Parks and Recreation Department there have been administrative changes in the last year, after Park Director Sally Gavlik left; Stacie Talbert was interim director until the hiring of Michael Morris. They are a professional presence at our meetings and present us with accurate information as well as a realistic and practical perspective of their department's operations. These last few years have thrown them major budget challenges yet there reports to us seem to indicate the Marines motto of adapt and overcome in order to minimize impact on services and operations that affect residents. As an advisory committee we hear not just from citizens but also from administration, and we see the challenges they face. One issue is operation and maintenance. City voters have approved bonds for great improvements like Bay front Park on the north end of Shoreline and eventually for improvements at and around the Coliseum site. There's the Oso Bay Wetlands & Nature Preserve which is moving forward and staff has secured millions in grants to go along with bond funding to develop the site. These are fantastic projects that offer residents and visitors memorable experiences. They also support the city in terms of being a visitor destination. Every new and repeat visitor brings fresh money into our economy. But unlike the hotel tax, there is no park tax. But our parks play a vital role in our economy. From sports tournaments to echo tourism and general tourism, our parks are major players, supplying recreation to visitors, high quality of life for residents and are a consideration of businesses when choosing expansion or relocation. So I've pointed out some very positive big ticket examples of the park system that serves residents and tourists, but every improvement comes with a cost to maintain. While bond dollars go to build these new attractions, maintenance and operation come from the general fund. So beyond the subjective quality of life issue there are two main benefits of public parks: reducing healthcare costs and increasing economic development. It's those two points we'd like you to consider when adequately allocating maintenance budgets. We think in a tourist town, its dated to view park maintenance as a luxury. It's truly a necessity. For the most part, parks are free, there's limited direct revenue coming from them, but they can still lay claim to helping generate tourist dollars. Consider our latest beach pilgrimage, Memorial Day weekend. Hotels, restaurants, convenience stores and shopping malls had a lot of visitors from outside our zip code coming through their doors. After a long weekend in the sun, many visitors left with red backs but also left their greenbacks. And the main attraction? Corpus Christi beaches and parks. So through sales tax the Parks Department is helping generate its own budget. But because the parks Department is one of the larger departments in the city budget, it provides a large target for reductions and we know every department must do their part to help overcome the projected deficit. 111 However, I'd 1i,_.. allocate 11-13% of their budgets to their parks departments. Corpus Christi allocates less than 8%. With seven million visitors a year, Corpus Christi is the third ranked destination in Texas. But returns don't come without investment. Imagine the tourist potential if we did allocate 11-13% of our budget to developing a top-flight parks department? The additional expense could ring up far greater returns in sales tax revenue. Additionally, it could help promote the city as the next great place to live. Just as Californians left their expensive, overcrowded state for Austin, we can attract quality of life minded entrepreneurs searching for the next best kept secret. We are geographically positioned for progress, but are we strategically planning to be that city? Depends on who you ask, but in those plans, a well-managed and adequately funded parks department is an integral part of an expanding economy. In closing, we just want to remind you that Corpus Christi has two great assets, its people and its places. There's great potential in both, but developing them requires facing ever present challenges and forging solutions when others would capitulate. In 1845 Artesian Park served as a campground and water source for General Zachary Taylor's soldiers, so our parks have always played a role in our history. With the right stewardship, they can likewise serve an important role in our future. They are a valuable resource, for our health, for our society, for our economy. Every day there are thousands of stories, thousands of lives that are connected to our parks. The lives of families, teams and friends unfold daily, from our beautiful bay front parks to the neighborhood pocket parks only locals know about. Thousands of stories we will likely never hear, but they are vital and important. They are part of the fabric that is interwoven to build a single community, they are Corpus Christi stories, they are you, they are me. As an active advisory committee we want to be a part of that story . We hope to be one of those threads that binds us together. We are here to connect the citizens with the council. We are here to Live. We are here to Learn. We are here to Play. Thank you. 25 City of Corpus Christi Wass AGENDA MEMORANDUM for the City Council Meeting of July 12, 2011 DATE: July 5, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Engineering Services petean@cctexas.com (361) 826-3781 PRESENTATION — Sports Entertainment and Arts (SEA) District Traffic Control Chaparral Street Improvements STAFF PRESENTER(S): Name 1. Charlie Cardenas, P. E. 2. Marc Denson 3. Russell Myers OUTSIDE PRESENTER(S): Name 1. 2. 3. Title/Position City Traffic Engineer Parking Patrol Supervisor Director of Operations Title/Position Department Engineering Services CCPD SMG Organization BACKGROUND: This presentation will update the Council on the current and proposed operations for special events in the SEA District area on Chaparral Street. LIST OF SUPPORTING DOCUMENTS: PowerPoint Presentation CC: Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P. E., Assistant City Manager —445— City of Corpu = Christi Sports Entertainment and Arts (SEA) Traffic Control —Chaparral Street Council Presentation July 12, 2011 City of 15,1 Corpus Christi Background and layout q►. AMERICAN BANK CENTER jo‘c, hoil Dies Christi Issues • Parking on Hughes and Brewster Street restricts traffic flow. • Uncontrolled circulation to and from Mesquite Street. Brewster Street Hughes Street City of Corpus z.7.2.. Christi Issue s • Chaparral Street narrows at Resaca Street from 4 to 3 lanes • Existing pavement markings causes confusion and has an unused continuous left turn lane • Parking Control/Information Chaparral Street at Resaca Street raw Wftwom City of Corpus Christi Pavement Marking Layout LOT 24 REWSTER ST LOT 24 LOT 2 LOT 3 LOT 10 HUGHES ST. cL N. CHAPARRAL ST. HERITAGE PARK EXISTING PAVEMENT MARKINGS LOT 2 LOT 3 —SPECIAL EVENT SIGN SPECIAL EVENT SIGN f LOT 10 HUGHES ST. N. CHAPARRAL ST. VI N1 HERITAGE PARK PROPOSED PAVEMENT MARKINGS Oa: PAS. BGIE: ILLS. FITZGERALD ST. Wftwom City of Corpus Christi Event Traffic Control Plans INGRESS TRAFFIC CONTROL QUANTITIES 1 TYPE I BARRICADE ] TYPE 1 BARRICADE WITH ROAD 105[0 AGN 100 REFECTOROED TRAFFIC CONES LOT 1AR5 NAIL: nus, 1619TAGE PNM( 6 n"�'bnxn J TH O EGRESS TRAFFIC CONTROL QUANTITIES 1 TYPE I BARRICADE 0 TYPE I BARRICADE WITH ROM 0.0X0 AGN 170 REFIECTCRIZED TRAFFIC CONES Ur 2 IAT 3 i 1.4./111 MESQUITE ST. 1110101 0RN J INGRESS TRAFFIC CONTROL PLAN -7 4 N. AACATERST. e 5 Mt I (n row malts EGRESS TRAFFIC CONTROL PLAN 6 Wufs Christi Special EventParking Signs SPECIAL EVENT PAID PARKING SPECIAL EVENT PAID PARKING PUfs Christi • Private Parking Lots: Regulations & Permitting • Address Public Safety Issues • Stop unauthorized parking lots • Rates and parking lot ID's must be displayed • CCPD Background Check • Revenue to the City Private Parking Lot Codes & Permitting Parking Lot Entrance at Chaparral and Fitzgerald Street City f Corpuos E Christi Sports Entertainment and Arts (SEA) Traffic Control —Chaparral Street Questions/ Comments 26 City of us Christi AGENDA MEMORANDUM for the City Council Meeting of July 12, 2011 DATE: July 12, 2011 TO: Ronald L. Olson, City Manager FROM: Oscar Martinez 66 OscarM(a�cctexas.com (361)826-3897 PRESENTATION — Appraisal of Property STAFF PRESENTER(S): Name 1. 2. 3. OUTSIDE PRESENTER(S): Title/Position Department Name Title/Position Organization 1. Jay Reynolds Assistant Chief Appraiser Nueces County Tax Appraisal District 2. 3. BACKGROUND: LIST OF SUPPORTING DOCUMENTS: Cc: Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager —457— Presentation to the Corpus Christi City Council APPRAISAL OF PROPERTY PRESENTED BY JAY REYNOLDS, ASSISTANT CHIEF APPRAISER WHY WE ARE HERE -WHAT WE DO • HOW WE DO IT WHO MAKES SURE WE DO IT RIGHT TOPICS FOR DISCUSSION r �V/ APPRAISAL PROCESS STATE REQUIREMENTS -TAX CALENDAR11 MASS APPRAISALS APPRAISAL METHODOLOGY APPRAISALS APPEALS PROCESS * QUALITY CONTROL STANDARDS EXTERNAL CONTROLS -PROPERTY VALUE STUDY INTERNAL CONTROLS - RATIO REPORTS What is an Appraisal? Appraisal Process? • An appraisal is an "unbiased supportable and defendable estimate of value" i • Appraisal process is "a systematic, logical method of collecting, analyzing, and processing data into an intelligent, well -reasoned estimate of value" PRIMARY FUNCTION OF THE APPRAISAL DISTRICT THE PRIMAR Y FUNCTION OF THE APPRAISAL DISTRICT IS TO APPRAISE ALL TAXABLE PROPERTY WITHIN ITS JURISDICTION AT FAIR MARKET VALUE AS OF JANUARY 1 OF EACH TAX YEAR. ALSO RESPONSIBLE FOR ADMIINISTERING EXEMPTIONS PRESCRIBED BY THE TPTC. State Requirements Texas Property Ta Code specifies how the appraisal districts will conduct its appraisals, the qualifications of the appraisers, and the time frame in which to accomplish the tasks, etc. Must used mass appraisal methodology Must use generally accepted appraisal practices to arrive at market value o Market (sales comparison) approach o Income approach Cost approach Appraisal must be within 95% to 105% of values calculated by the State Comptroller's Property Tax Assistance Division Mass Appraisals vs. Fee Appraisals Mass Appraisal • Fee Appraisal Must appraises tens of thousands of properties within state mandated time frames Use of property classifications and cost and depreciation tables Use ratio study to validate level and uniformity of appraisals. Appraises/Inspects individual property (interior and exterior) in detail to arrive at one estimate of value. Tax Calendar • Appraisal Phase —January 1 • Equalization Phase —May — July Appraisal Notices Informal Protests Appraisal Review Board Certification • Assessment Phase Taxing units adopt a tax rate A tax levy is calculated by the tax assessor/collector • Collection Phase — Tax Assessor/collector collects taxes. If not paid, taxes become delinquent on February 1St • This a cyclical process that takes place every year — same time, same process. APPRAISALS HOW WE DO IT Categories of Properties 0) Residential Commercial Industrial Utilities Oil and Gas Minerals Business Personal Prop. Vacant Land Appraise over 173,000 accounts for 37 different taxing units Residential Single -Family Residence Condo/Townhome Mobile/Manufactured 1-4 Family Commercial Retail Office Multi -Family Hospitality Restaurants/Fast Foods Properties 11 Category: Residential Single Family Classifications.. Ro —R9 Classes: Depreciation Schedules: driven off of class schedules Neighborhoods -increases sample size How are they developed? Subdivisions analyzed for comparability o Age, quality of construction, square footage, amenities, sale prices, characteristics, etc. a Group comparable subdivisions into neighborhoods. NCAD currently has 285 Neighborhoods containing all subdivisions. PROPERTY CLASSIFICAITON 12 i -EACH RESIDENTIAL PROPERTY IN THE COUNTY WILL BE ASSIGNED A CLASSIFICATION. CLASSIFICATION SCHED ULES ARE TIED TO A PROPERTY DESCRIPTION THAT DESCRIBES THE PROPERTY. CLASSES RANGE FROM Ro TO R9. Ro PROPERTIES ARE MOSTLY SUBSTANDARD HOUSING AND R 9'S COVER THE CUSTOM B UILT HOMES. NEIGHBORHOODS r �V/ y NEIGHBORHOODS ARE GROUPS OF SUDIVISIONS WITH COMMON CHARATERISTICS. EVERY HOME IN THE COUNTY WILL FALL INTO A NEIGHBORHOOD. EACH PROPERTY IS GIVENA NBHD CODE THAT TIES THAT PROPERTY TO A SPECIFIC "MARKET". SALES DATA USED AS COMPARABLES FOR YOUR PROPERTY WILL COME FROM THAT SPECIFIC NBHD. DATA COLLECTION • DATA IS COLLECTED FROM SEVERAL SOURCES INCLUDING: SALES l,E 1 IRS APPRAISALS TAXPAYERS REAL ESTATE PROFESSIONALS INTERNET -BASED SOURCES REAL ESTATE FEE APPRAISERS DATA ENTRY • ALL DATA COLLECTED WILL BE ENTERED INTO THE SYSTEM BY NEIGHBORHOOD CODE. SALES WILL BE PULLED INTO DATA ANALYSIS WORKSHEETS VIA A NEIGHBORHOOD DATA EXPORT. SALES RATIOS ARE ANALYZED AND A NBHD FACTOR IS DETERMINED TO BRING THE ENTIRE NEIGHBORHOOD INTO COMPLIANCE. GOAL IS l00% MEDIAN LEVEL. DATA ANALYSIS 7 37 1 Summary Sheet 2 4 5 6 7 8 CI 2009 New NBHD Factor 95 Median APricelFt $8T77 Mean Ratio 100 9 10 * 2010 NBHD % Change 1.% Median SPricelFt $8528 Weighted Mean 99_47 0 200? 0 2008 - - NBHD ew175 Add'I NBHD added for camps None Old NBHD Factor E r ISO Group, All Other Non-1,1and FB CCM F 00 H 1 ;J DHB 613012011 Analgze I Add Ribhd Print Summar, 100 COD 666 F1ledian Ratio 100 12 13 Record Street Address Class Sq Ft Land Val Yr Bft Sale Date Sale Price % Gd New APrice Ratio Type SPrice/Ft APrice/Ft 14 254451 7746 STARNBERG LAKE R5 3383 $75,374 1995 1/20/2010 $237,000 94 $297,221 125 ASALE $70.06 $87.86 15 254380 7725 STARNBERG LAKE D R5 2450 $44,000 1987 3/3/2010 $205,000 94 $211,375 103 ASALE $83.67 $8628 16 200081229 7402 LAKE TRAVIS R7 4311 $46,080 1994 3/5/2010 $375,000 97 $374,443 100 ASALE $86.99 $86_86 17 200103274 4222 LAKE APACHE DR R5 2314 $48,450 2001 3/26/2010 $222,500 97 $219,214 99 ASALE $96.15 $94.73 18 254347 4514 GRAND LAKE DR R5 2896 $46,750 1991 4/26/2010 $234,500 94 $254,232 108 ASALE $80.97 $8T79 19 200087969 4321 LAKE APACHE DR R5 2425 $43,430 2005 5/6/2010 $257,000 99 $225,120 88 ASALE $105.98 $92.83 20 200081190 7441 LAKE SUPERIOR R6 2973 $45,360 1995 5/14/2010 $280,000 99 $265,749 95 XXXX $94.18 $89.39 21 254249 7434 LAKE NEUCHATEL R4 1888 $33,765 1986 5/20/2010 $170,000 94 $163,046 96 ASALE $90.04 $86_36 22 254383 7713 STARNBERG LAKE D R4 2181 $44,680 1986 5/25/2010 $186,000 94 $193,351 104 ASALE $85.28 $88_65 23 200087999 4318 PONTCHARTRAIN DR R5 3179 $52,260 1998 5/26/2010 $258,000 96 $272,553 106 ASALE $81.16 $8574 24 200099930 4318 LAKE SUPERIOR DR R5 2242 $50,211 2002 5/27/2010 $206,900 97 $215,039 104 ASALE $92.28 $95.91 25 254344 4502 GRAND LAKE DR R5 2946 $49,625 1990 6/11/2010 $251,000 94 $260,202 104 ASALE $85.20 $88.32 26 200103260 7446 LAKE MICALA DR R5 3894 $61,704 2001 6/14/2010 $354,000 99 $319,684 90 ASALE $90.91 $82.10 27 254464 7714 MORITZ LAKE DR R4 2235 $43,995 1985 6/24/2010 $190,000 94 $203,641 107 ASALE $85.01 $91_11 28 200087936 4306 LAKE APACHE DR R5 2641 $50,868 2003 7/1/2010 $275,000 97 $234,883 85 ASALE $104_13 $88.94 29 200087981 4305 LAKE APACHE DR R5 2726 $43,430 2004 7/28/2010 $264,000 99 $239,254 91 ASALE $96.85 $87.77 30 200088047 4222 PONTCHARTRAIN DR R5 3116 $48,195 2002 8/27/2010 $225,000 97 $260,243 116 ASALE $72.21 $83.52 31 254381 7721 STARNBERG LAKE D R5 3091 $44,000 1987 9/29/2010 $230,000 94 $246,356 107 ASALE $74.41 $7970 32 254277 4629 SCHWERIN LAKE DR R5 2747 $45,720 1986 10/19/2010 $231,000 94 $233,287 101 NOTE $84.09 $84.92 33 254221 7421 LAKE COMO DR R4 2450 $34,305 1985 10/22/2010 $195,900 94 $191,341 98 ASALE $79.96 $78.10 34 200095822 4401 LAKE SUPERIOR DR R5 2624 $67,254 2010 10/28/2010 $262,500 100 $260,374 99 ASALE $100_04 $99.23 35 370920 4218 PONTCHARTRAIN DR R5 3416 $43,470 2006 11/18/2010 $285,000 99 $276,664 97 RSALE $83.43 $80.99 36 254399 4709 GRAND LAKE DR R5 3854 $65,442 1986 2/24/2011 $221,900 94 $221,900 100 RSALE $57.58 $5T58 37 200081262 7454 LAKE TRAVIS R5 2360 $51,660 1994 3/1/2011 $253,000 96 $233,287 92 NOTE $10T20 $98.85 38 254422 4505 GRAND LAKE DR R5 3588 $57,075 1991 4/25/2011 $328,500 94 $293,454 89 NOTE $91.56 $81.79 39 40 41 I. 1.1 Analysis CompSheet EqurtySheet 1 f A B C 1 Sales Comparison Adjustment Sheet 3 Sales for Property 4 7 Record Number 8 Address 9 m Class 11 Square Feet 12 Year Built 13 Sale Date 14 Sale Price 15 Land Value 16 Adj Unit Price 17 Non MA Imp Value 18 10 Time Adjustment 20 Land Adjustment 21 Non MA IMP Adj 22 Unit Price Adj 23 24 Adj Value/Sq Ft 25 26 Land Adj Score 27 Non MA IMP Adj Score 28 Unit price Adj Score 20 Age of Sale Score 30 Location Score 31 Size Score 32 Total Scores 33 34 35 Subject MARKET ANALYS I S SALES COMPARABLES E LF H; K M O P R 5 7461 LAKE MICALA DR Comp 1 Comp 2 Comp 3 Comp 4 6/30/2011 Comp 5 Save Comps & Print 200103252 7461 LAKE MICALA DR R5 3131 2004 3115/2005 $303,804 $40,775 $62.36 $21,812 N/A N/A NIA N/A $82.35 3257,850 35 00 Sq Ft value range is Total Value range is 254344 4502 GRAND LAKE DR R5 2946 1990 6/11/2010 $251,000 $49,625 $59.97 $33,894 ($8,850) ($12,082) $2.39 254347 4514 GRAND LAKE DR R5 2896 1991 4/26/2010 $234,500 $46,750 $60.19 $33,177 ($5,975) ($11,365) $2.18 254381 7721 STARNBERG LAKE DR R5 3091 1987 9/29/2010 $230,000 $44,000 $59.38 $18,826 ($3,225) $2,985 $2.99 200087999 4318 PONTCHARTRAIN DR R5 3179 1998 5/26/201D 3258,000 $52,260 360.28 $28,653 ($11,485) ($6,841) $2.08 380.49 $77.16 $77.32 $77.47 $237,111 $223,462 $238,999 $246,290 7 7 $72.88 to 580.55 $228.190 to $252,210 7 0 7 200088047 4222 PONTCHARTRAIN DR R5 3116 2002 8/27/2010 $225,000 $48,195 $61.17 $21,445 ($7,420) $367 $1.20 $71.14 $221,672 7 Present value is 582.35, not within or less than acceptable range. Indicated value is $240,200.00 with a sq ft value of $76.72. 36 37 Sales information provided on this form is to be considered confidential and used only for the purposes of value determination on the property protested_ 38 N t t n Analysis C❑mpSheet EquitySheet 020 R 1 e C EQUITY GRID F 1 Equity Comparable Adjustment Sheet Subject Property - 3 Subject 4 Record Number 200103252 7461 LAKE MICALA 5 Address DR 6 Class R5 7 Square Feet 3131 s Year Built 2004 s NBHD EW175 10 NBHD Factor 95 n Land Value $40,775 12 Adj Unit Price $62.36 13 Non MA Imp Value $21,812 14 Total Appraised Value 4257,850 15 16 Land Adjustment N/A 17 Non MA IMP Adj N/A 18 Unit Price Adj NIA 19 20 Adj Value/Sq Ft $82.35 21 Percentage Diff 23 24 25 26 27 28 2s 30 31 32 K 0 7461 LAKE MICALA DR Comp1 Camp2 Comp3 Compo 200095828 200095846 200095856 200103244 7418 LAKE 7417 LAKE 7437 LAKE 7445 LAKE MICALA DR MICALA DR MICALA DR MICALA DR R5 R5 R5 R5 2675 3305 3153 3191 2000 2000 1999 2005 EW175 EW175 EW175 EW175 95 95 95 95 $55,158 $44,290 $36,000 $40,775 $63.13 4 60.40 4 61.01 $ 62.12 $18,236 48,472 $26,446 $17,437 $242.272 4252.398 $254,818 4256,437 Comp 5 200103248 7453 LAKE MICALA DR R5 2982 2002 EW175 95 $40,775 4 61.73 $19,049 $243,907 (414,383) ($3,515) $4,775 $0 $0 $3,576 $13,340 -44.634 44,375 $2,762 40.77 $1.96 $1.35 40.24 $0.63 $85.76 $81.30 482.21 $81.98 $83.35 -4.14% 1.28% 0.17% 0.46% -1.21% Comp 6 Comp 7 Comp 8 Comp 9 Comp 10 Average Difference -1.47% Median Difference -0,71% 33 34 Value is within acceptable range. 35 36 37 38 sa 40 41 Record Number 200103250 200103254 200103256 200103258 200103264 7457 LAKE 7465 LAKE 7469 LAKE 7442 LAKE 7454 LAKE Address MICALA DR MICALA ❑R MICALA DR MICALA DR MICALA DR Class R5 R5 R5 R5 R5 Square Feet 2726 3116 2751 2687 3105 Year Built 2002 2005 2005 2001 2003 NBHD EW175 EW175 EW175 EW175 EW175 NBHD Factor 95 95 95 95 95 Land Value 440,775 $40,775 $40,775 $63,492 469,006 Adj Unit Price $62.89 462.43 464.07 $63.08 461.21 Non MA Imp Value $19,742 $14,504 $18,671 $17,489 $21,304 Total Appraised Valu $231,962 $249,812 4235,694 4250.468 $280,355 Land Adjustment Non MA IMP Adj Unit Price Adj Adj Value/Sq Ft Percentage Diff 42 ii I 1.1 Analysis ,,' CompStieet J Eq.uitySheet,;' $0 $2,069 -$0.53 $85.32 -3.61 % $0 $7,308 -$0.07 $82.45 -0.12% $0 $3,141 -$1.70 485.12 -3.35% ($22,717) (428,231) 44,323 4507 -$0.71 $1.15 $85.66 $82.52 -4.01% -0.20% 6/30f2011 Save and Print • I� 1111 INTERNAL QUALITY CONTROLS Supervisory review of field work performed by appraisers Ratio study reports — comparison of calculated property values to actual sales data available on similar properties Discussions with area real estate professionals to compare their views of the real estate environment and values Statistical analysis — in mass appraisal, statistical methods are used to gauge the accuracy and consistency of valuations Median levels of appraisal Standard deviation Coefficient of dispersion Sample Ratio Study Report 20 Sales Ratio Report Parameters Search by Sale Daae From: 01/01/2.014 To: 05/31/2011 Search by Subdivision Code 94159 (THE LAKES NORTHWEST UNIT 1) S2416 (F'AUCE'T S/D) 55722. NEW RIVER WILLS) Sort lily aoa Id Value Oplion; Display Current Appraisal Values Based on Appraisal Values for Year; 2©1 1 Report Type' Improved Property Includea Con/ideal-ha Sales. Sales Ratio Report 5131/2011 1222:41 PM BtlyrPS.11ar Sala Rale Land Sale M GYfd Con,"nd 7}/Pe 6inMdSilal Imp !-0a Mama Y.ap Pegs: 1 a Sale Imp liq Land Living Avg Price( Avg Prke) Land! Landl Value Vale! Alia Sur Salt imam pal. Peen Markad Sale Pries Ratio 321$027 q AROFEN.11es !WAIL e.4.1 En '1i 0 RL ^u. Pfl ASSxlfT I Lic . 0aaq role: 3'2212r730 Aran IPi T9Pe G.ot11 Nap MD 3749188 R 4458-01L07-0210 8.183 iia E.a.n91.1 100.06 MA Plyi4 160.06 IIA rumn4: 1 W -do IIA a:. 100.00 t...0 r__n Land PAy$: Send Fur,. R4` 2610 173.373 34.21 2.690 77.18 74.35 207.6t1 200.000 '0.1600 0.1712 1 .03341 2010 2l Cd: Al Ea M: SL t#blr- 0(13 I+eeel CeroCapne.n Mks LP.aem Leeml.Mw.p. THE LAKES NORTHWEST ii NIT 1 LT 21 BLK7 3721 LAKE HAWVKINS CT 0.01)00 Imo 1 Value; 1nP1 deem i0E643EP VA 173,371 Imp z Maw.: Bale Ty - NOTE daati.a Type.: atze Culler 6.0000 sf156 1%-100 L46-100 rasp s Yaiwe *ppreleen Imp 2 Doe. rm. 1 deux Neigl blrend 02.25113, 102'. GVERRDPERTJES, 0, A?X GORA3'14i713N PER Tela r., tarn, Sample Ratio StudyReport 21 Sales Ratio Report : 5 °F0.1 5 5/31/2011 12 i22:4IPNI Imp B "8.416e116f 3818 DHBR L. 'hPP E- 4t h, p Laid 1Jring Avg Pric& Avg hip," Land/ L ,4I 58111 De d CG11WIn Type 0imonile, 'GneB TSR valve Rd * Msbt Sail Pricy B * 331092 cxrrz aLur.NCIH6CHLo 4n+30'1tl RI. �4� zca6 143.573 26.911 1.630 2.56 99.54 170,22-0 183;600 0.4X70 0.1449 0.927. L'HWAYNC CNiRQ6HA6E 290fi 0d: Al 5 I sL G1(1Ic C93 S:da yp.c R9P.E = 7yp.e, Coed »: 069.2010 P rva 61'f 4Tp. was Or MLP 61 I.. C+vlLd�lven Bh. Lowtbn LLpM ^°rr••,ff• E.. Bf:. sober Ne13f#rhmd 200111 5?2 94-0150 NEW RIVER HILLS LT 15 EL 4 14126 CHAh1Tllb Olt 0.04(1Q [7.00)0 55T2� I�-101 L45-1 0 R-175A — eemY. 100.90 LaW eearvvec L+w 1 yLlrm .03,$13 4np a V.Iw: inp 5V.1.: MP+L"�" MA Ma% 100:90' LrM �rff.: k..p? o..c RF_sl[]ETlI'LM1L. Ynp R P..c� by S b.ac. MA Fnn.e6z 100.00 Lem Fi '1~^ ko MA BLLi;! L9.® Lana sa 1. afisso mean: 4..1+455 Ary A[wdnbr 11.r:atim.�: 0,7001 PcP VahaMw: 4.0{1+14 VYR Min 0.8666 Orerr4 ialap: L.a ,0 Sato Rahn 4Aed'1 0.1A2S ML66m. a.99AH se LmBFn119e�1 tlL4w�: 8.'2266 Avg Mean 0.£1$80 end PaLtil cav:nr. a Lane moat,. Matto Maim 02184 t�aeflfeil�k o10 panwn: 102646 P60: 1.81 g wvua .0361 TaM:n-krL aaxfn16136: 6.1536 1111n Ratio 0.1404 T.. ABkt:aiiaL, 4. EXTERNAL QUALITY CONTROLS 22 lir STATE OVERSIGHT External Quality Controls IAAO STANDARDS TAXPAYERS -APPEALS PROCESS STATE COMPTROLLER: Property Tax Assistance Division; SECTION 5.10 RATIO STUDIES Properties examined by the Comptroller's Office must be within 95% to 1o5 % of their calculated values. Annual Property Value study MAPS (Methods 8z Appraisal Procedures Study) Complete study of all appraisal district procedures not just the appraisal portion, but human resources, financial, administration, etc. IAAO STANDARDS r �V/ • MEDIAN LEVEL OF APPRAISED VALUE i tie mitt point or middle ratio. It divides the ratios into two equal groups and is not affected by extreme ratios. (vertical measure) Acceptable Range: 95% to 105% The base from which COD is calculated COEFFICIENT OF DISPERSION The most used measure of uniformity in ratio studies. Acceptable Range: Below 15 Low COD's tend to be associated with good appraisal uniformity. Property Value Study Summary Report 2010 Property Value Study CAD Summary Worksheet 17S Nueces 25 Number of Category Ratios ** 2010 CAD Rept Appraised Value Median Level of Appr Coefficient of Dispersion Q/@ Ratios wfin (+%-) 1001* of Median 8/0 Ratios w/in (+1-) 254/'0 of Median Price -Related Differential A. Single -Family Residences 858 11,754,892,932 .98 6.63 82.60 97.11 1.01 13. ivlulti-Fancily Residences 30 723,061,765 1.00 10.60 66.66 93.33 1.01 C. Vacant Lots 134 682,611,744 .98 7.38 79.10 98.50 1.01 D. Rural Real 73 1,091,565,224 .97 8.21 67.12 97,26 .96 F1. Commercial Real 222 2,740,288,866 .98 8.49 73.87 95.49 100 F2. Industrial Real 0 150,239,279 G, Oil, G. Minerals 140 485,102,900 1.01 11.68 63.57 85.71 1.00 J. Utilities 95 439,349,608 1.00 13.29 62.76 78.72 1.09 11. Commercial Personal 1.34 1,401,620,520 1,01 9.36 69.40 58.05 1.04 L2. Industrial Personal 0 1,435,631,553 M. Other Personal 0 41,665,140 " " , 0. Residential Inventory 01 104,316,542 S. Special Inventory 0 56, 531,587 `+` sW Overall 1,696 21,106,897,6601 .99 8.15 76.10 94,74 1.02 Property Value Study Summary Report 2009 Property Value Study 26 CAD Summary Worksheet 178 Nueces Category Number of Ratios ** 2009 CAD Rept Appraised Value Median Level of ,Apr Coefficient of Dispersion oin Ratios vi/in (+1-) 103 of Median WO Ratios w/in f (+/-) 259/4 of Median Price -Related Differential A. Single -Family Residences 993 12,247,240,873 .99 8.11 74.32 94.56 1.01 B. Multi -Family Residences 26 820,908,742 .99 8.78 84.61 92,30 1.03 C. Vacant Lots 124 800,824,318 1.00 14.50 62.90 82.25 1.05 D. Rural Real 124 1,066,592,391 1.00 9.50 66.93 68.70 .94 F1. Commercial Real 199 2,734,276,474 .95 9.70 66.83 93.96 1.031 F2. Industrial Real 0 58,600,508 G. Oil, Gas, Minerals 105 506,234,770 1.03 11.39 66.66 93.33 1.03 3. Utilities 57 448,894,815 1.03 13.50 77.19 84.21 1.09 Li. Commercial Personal 116 1,423, 3.3©,483 1.00 9.29 72.41 27.05 1.02 L2. Industrial Personal 0 1,051,727,497 M. Other Personal 0. Residential Inventory 4 38,048,046 0 70,358,605 °" "' '" S. Special Inventory 0 69,261,156 Overall 1,744 21,416,2.98,688 1.00 9.39 71.50 9174 1.0.3 Property Value Study SummaryRe ort 2008 Property Value Study 27 CAD Summary Worksheet 178 N ueces - Category Number of 2008 CAD Rept Ratios ** Appraised Value Median Level of Appr Coefficient Of Dispersion % Ratios %v/in (+/-) 10%lo of Median % Ratios w/in (+1-) 25% of Price -Related Median Differential 4. Single -Family Residences 1,110 11,759,078,428 .98 9.76 70.54 91.26 1 III 1.01 B. Multi-Family Residences 39 636,658,334 .91 13.84 51.28 87.17 .97 C. Vacant Lots 136 872,184,281 1.00 11.99 61.76 :86. =.1 1.1_ D. Rural Real 110 1,096,965,935 1.00 9.87 70.00 86.16 .96 F1. Commercial Real 146 2,539,493,865 .99 10.56 63.69 86.30 1.01 F2. Industrial Real 0 66,096.682 G. Oil, Gas, Minerals 116 696,921,480 1.00 2.19 96.55 98.27 .97 J. Utilities 57 452,601,490 .99 5.07 85.96 94.73 1.01 L1. Commercial Personal 116 1,383,592,506 1.01 14.76 64.65 81.89 1.08 L2. industrial Personal 0 846,528,174 M. Other Personal 0 37,073,821 0. Residential Inventory 0 34,967,882 S. Special Inventory 0 74,314,251 *-- "Overall Overall 1,630 20, 526, 477,129 .99 9.91 70.27 90.35 1.1:1 Property Value Study SummaryRe ort 2007 Property Value Study 28 CAD Summary Worksheet 178 Nueces - Category Number of Ratios *+r 2007 CAD Rept Appraised Value Median Level of Appr Coefficient of Dispersion Ma Ratios w/in (+/-) 100/0 of Median 3/4 Ratios wfin (+/-) 25°,4a of Median Price -Related Differential A. Single -Family Residences 1,085 11,344,550,057 .98 7.50 78.24 96.31 1.01 B. Multi -Family Residences 34 595,179,652 .99 9.06 73.52 88.23 1.01 C. Vacant Lots 81 751,800,013 .98 5.84 83.95 97.53 .99 0, Rural Real 121 1,079,235,119 .97 7.93 78.53 94..21 .98 F1. Commercial Real 158 2,350,618,498 .97 6.25 82.27 98.10 1.00 92. Industrial Real 0 64,980,538 G. Oil, Gas, Minerals 149 523,330,290 1.02 10.87 61.07 88.59 1.01 J. Utilities 67 451,476,540 .99 9.30 74.62 86.56 .99 L1. Commercial Personal 121 1,294,596,863 1.00 5.24 87.60 96.69 1.00 L2. Industrial Personal Ll 815,250,760 M. Other Personal 0 37,008,593 '" O. Residential Inventory 0- 12,647, 144 S. Special Inventory 0 58,521,322 Overall 1,815 19,389,156,389 .98 7.82 77.58 95.26 1.00 € Property Value Study Summary Report 2006 Property Value Study CAD Summary Worksheet 178 Nueces 29 Category Number of Ratios ** 2006 CAD Rept Appraised Value Median Level of Appr Coefficient of Dispersion %o Ratios w/m (+/-) ionto of Median Wo Ratios. wfin (+/-) 250/o of Median Price -Related Differential A. Single -Family I Residences 923 9,535,089,374 .97 8.68 71,28 95.77 1,01 0. Multi -Family Residences 29 585,639,831 .96 6.50 79.31 100.00 .97 C. Vacant Lots 115 653,248,963 1.00 5.84 83.47 99.26 1.00 D. Rural Real 90 886,371,541 .96 7.02 81.11 97.77 .99 F1. Commercial Real 154 2,196,785,647 .97 6.03 85.36 96.75 1.00 F2. Industrial Real 0 59,072,851 I "° ' .. G. Oil, Gas, Minerals 117 454,104,320 1.01 18.65 43.58 72.64 1.05 3. Utilities 58 484,664,706 1.02 4.47 94.11 97.0.5 1.02 Ll. Commercial Personal 128 1,135,783,131 1.00 6.99 79.68 94.53 1.01 L2. Industrial Personal 0 535,194,624 M. Other Personal 0 38,248,384 0, Residential Inventory 0 0 S. Special Inventory 0 61 116,054 . Overall 1,624 16,827,310,626 .98 8.72 72.84 94,15 1.01 FIVE-YEAR PVS RATIO YEAR MEDIAN LEVEL COD 2010 .99 8.i5 2009 1.00 9.39 2008 .99 9.91 2007 .98 7.82 2006 .98 8.72 1 CONCLUSION WHAT DO THE NUMBERS REALLY LOOK LIKE? 20 -YEAR HOME SALES MEDIAN PRICE (JULY - JULY) 1990 - 2000 2001 - 2010 1991 66,200 1992 64,400 1993 68,400 1994 75,000 1995 45,900 1996 77,000 1997 82,700 1998 85,100 1999 88,700 2000 90,700 2002 95,600 2003 107,600 2004 116,700 2005 127,400 2006 134,300 2007 141,000 2008 146,800 2009 138,700 2010 135,000 MEDIAN PRICE OF HOMES 20 -YR 3 $16o,000.00 $140,000.00 $120,000.00 $100,000.00 $8o,000.00 $6o,000.00 $40,000.00 $20,000.00 $o.00 1985 io-YEAR CERTIFIED - CITY OF C. C. 2000 79652,057,403 2001 8,029,325,055 2002 8,426,656,727 2003 8,947,896,398 2004 9,639,561,772 2005 10,488,024,828 2006 11,421,305,918 2007 13,107,205,639 2008 13,813,335,014 2009 14,440,609,740 2010 13,900,137,536 io-YEAR CERTIFIED - CITY OF C. C. $16,000,000,000 $14,000,000,000 $12,000,000,000 $1o,000,000,000 $8,000,000,000 $6,000,000,000 $4,000,000,000 $2,000,000,000 - $o 1998 2000 2002 2004 2006 2008 2010 2012 SIDE-BY-SIDE COMPARISON 20—YEARS OF SALES io—YEARS OF CERTIFIED NUMBERS $160,000.00 $140,000.00 $120,000.00 $100,000.00 $8o,000.00 $6o,000.00 $40,000.00 $20,000.00 $o.00 1985 1990 1995 2000 2005 2010 2015 $16,000,000,000 $14,000,000,000 $12,000,000,000 $10,000,000,000 $8,000,000,000 $6,000,000,000 $4,000,000,000 $2,000,000,000 so 1995 2000 2005 2010 2015 d 27 City of Corpus _ = Christi AGENDA MEMORANDUM for the City Council Meeting of July 12, 2011 DATE: July 7, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Engineering Services petean@cctexas.com (361) 826-3781 PRESENTATION — Status of Mary Rhodes Pipeline Phase 2 (Project No. E10008) PROJECT STATUS UPDATE STAFF PRESENTER(S): Name Title/Position 1. Gus Gonzalez, P. E. Director 2. Pete Anaya, P. E. Director 3. OUTSIDE PRESENTER(S): Department Water Department Engineering Services Name Title/Position Organization 1. Anne Carrel, P. E. Project Manager Freese and Nichols 2. Ron Guzman, P. E. Principal Freese and Nichols 3. BACKGROUND: This presentation will update the Council on the current status of this project. It is for informational purposes only and no action is required. LIST OF SUPPORTING DOCUMENTS: PowerPoint Presentation CC: Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P. E., Assistant City Manager —497— H:\HOME\VELMAP\GEN\WATER\E10008 MARY RHODES PIPELINE PHASE 21CITY COUNCIL POWERPOINT PRESENTATIONS\2011-071211 AGENDA COVER AND MEMO PRESENTATION 2011-0712.DOC City of lOrl Corpus Christi Mary Rhodes Pipeline Phase 2 Project Status Update Council Presentation July 12, 2011 Wry Sinews 1"pel. I+.aay t,p n m' WATER DEPARTMENT City of Corpus Christi City of Corpus Christi Status Update Intake Pump Stations and Sedimentation Basin Mary Rhodes Phase I Legend — — Proposed Mary Rhodes Pipeline PH Il Existing Gas Pipeline Corridors - Canal Stream Centerline Lake I 4 rffif 1-Ae- 2 City of 15,1 Corpus Christi 4 Preliminary Conceptual Design West Delivery System Mary Rhodes Phase 1 Pipeline Mary Rhodes Phase 2 Pipeline Colorado River Intake Pump Station WATER DEPARTMENT City of Corpus Christi City of 11011 Corpus Christi 4 Lake Texana West Delivery System Mary Rhodes Phase 1 Pipeline Current Design Booster Pump Station Mary Rhodes Phase 2 Pipeline Sedimentation. Basin Colorado River Intak€ Pump Station WATER DEPARTMENT CRY Ot GOrhus Christi eill,a1 City of Corpus Christi Project Status • Status on Regulatory Report Requirements • Preliminary Design Report Verbally Approved byTWDB • Environmental Assessment - Agency review • Status of Design • Preliminary Design Complete • Final Design on hold until Environmental Clearance WATER DEPARTMENT City of Corpus Christi Project Status —Raw Water Pipeline • Raw Water Pipeline — Pipeline Alignment Selection • Fewer environmental impacts • Lower impact to property owners • Savings on temporary construction easement costs • Lower maintenance costs WATER DEPARTMENT City of Corpus Christi City of 15,1 Corpus Christi 2010 Project Schedule 2011 THRU JAN 2011 Preliminary Design d SEPTEMBER 2011 Anticipated Environmental Clearance 2012 v W 0 CC OCTOBER 2011 - JUNE 2012 Final Design - Pipeline OCTOBER 2011 - NOVEMBER 2012 Final Design Pump Stations and Sedimentation Basin OCTOBER 2011 Release of TWDB Final Design Funds WATER DEPARTMENT City of Corpus Christi City of Eri Corpus E Christi Project Construction Cost (2011) • Raw Water Pipeline • $103,011,000* • Intake Pump Station, Sedimentation Basin, Intermediate Pump Station • $27,508,000* • TOTAL CONSTRUCTION ESTIMATE _ $130,519,000 *All construction costs include 30% contingency ($30,120,000) *All construction costs are based on 2011 cost data. WATER DEPARTMENT City of Corpus Christi City of Corpus EChnsti Public Outreach • TWDB, LNRA and LCRA • Utility crossing permits • Land Acquisition to begin Summer 2011 • Meetings with Matagorda County Judge McDonald • Public outreach presentations rim/ WATER DEPARTMENT City of Corpus Christi City of Corpus Christi Discussion Intake Pump Stations and Sedimentation Basin Legend — Proposed Mary Rhodes Pipeline PH If Existing Gas Pipeline Corridors .- Canal Stream Centerline Lake 10 -510-