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HomeMy WebLinkAboutAgenda Packet City Council - 11/15/2011111■11 MINM. 61411111014111110111%11110111 — • srVas -;:alt•CatfinPITTC'ei5nr:54.45Srgt9NAMt.”-:=6PIPAIINAnifik1,--:"7 11:45 A.M. - Proclamation declaring Proclamation declaring Proclamation declaring Proclamation declaring Proclamation declaring Awareness Week" Swearing -in Ceremony November 16, 2011 as "GIS Technology is Changing Our World Day" November 26, 2011 as "The Royal Boys Club of Corpus Christi First Reunion" December 1, 2011 as "World Aids Day" the week of November 7 -13, 2011 as "Perioperative Nurses Week" the week of November 13 -19, 2011 as "National Hunger and - Homelessness of Newly Appointed Board, Committee and Commission Members • AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 NOVEMBER 15, 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 Listed desea dirigirse al Concilio y cree que su ingles es limitedo, habra un interprete ingles- espanol en Codas 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 Ms. Margaret Serna, Baha'i Faith. 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 Tern John Marez Council Members: Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb Nelda Martinez Mark Scott City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Agenda Regular Council Meeting November 15, 2011 Page 2 E. MINUTES: 1. Approval o f Regular Meeting of November 8, 2011. (Attachment #1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. Sister City Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. if deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 3. Approval of supply agreement for emulsion oil Motion approving a supply agreement with Ergon Asphalt & Emulsions, Inc., of Austin, Texas for 'emulsion oil (SS -1) in accordance with Bid Invitation No. BI- 0017 -12, based on only bid, for an estimated six month expenditure of $84,645.05. The term of the contract will be for six months with an option to extend for up to five additional six -month periods, subject to the approval of the supplier and the City Manager or designee. This Agenda Regular Council! Meeting November 15, 2011 Page 3 material is used by Street Services for maintenance of City streets. Funds have been budgeted by the Street Services Department in FY 2011/2012. (Attachment # 3) 4. Approval of purchase of LiveScan Booking Station for Police Department Motion approving the purchase of a LiveScan booking station and required components from 3M Cogent Systems, Inc. as an enhancement to the Corpus Christi Police Department's existing Automated Fingerprint Identification System for a total amount of $85,613. Funds are budgeted and available in the 2010 State Homeland Security Program — Law Enforcement Terrorism Prevention Activity Fund, acquired through the 2010 Homeland Security Grant Program. (Attachment # 4) 5. Award of service agreement for EMS Billing and Collections Services Motion approving a service agreement with ACS State & Local Solutions, Inc., of Dallas, Texas for EMS Billing and Collections Services in accordance with the State of Texas Department of Information Resources (DIR) cooperative purchasing agreement for an estimated annual expenditure of $396,800 of which $264,533 is required for FY 2011 -2012. The term of the contract will be for one year with two automatic extensions and an option to extend the agreement for up to two additional twelve month periods subject to the agreement of the contractor and the City Manager or designee. Funds have been budgeted by the Fire Department in FY 2011 -2012. (Attachment # 5) 6. Approval of lease purchase of three (3) transfer trailers Motion approving the lease purchase of three (3) transfer trailers from Rush Truck Centers of Texas, Inc., of Houston, Texas in the amount of $228,819, of which $16,344.84 is required for FY 2011 -2012. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The transfer trailers will be used by Solid Waste Operations. Funds for the lease purchase of the transfer trailers will be provided through the City's lease /financing program. (Attachment # 6) Agenda Regular Council Meeting November 15, 2011 Page 4 7. Award of supply agreement for hot tap fittings Motion approving a supply agreement with TDW Services, Inc., of Pasadena, TX, for hot tap fittings in accordance with Bid Invitation No. BI- 0016 -12 based on low bid for an estimated annual expenditure of $65,738.50 of which $43,825.67 is required for FY 2011 -12. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Gas Department in FY 2011/2012. (Attachment # 7) 8. Approval of lease purchase of two (2) ambulances Motion approving the lease purchase of two (2) ambulances from Knapp, Chevrolet, of Houston, Texas in the amount of $270,000 of which $19,286.44 is required for FY 2011 -12. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The ambulances will be used by the EMS Division of the Fire Department. Funds for the lease purchase of the ambulances will be provided through the city's lease /financing program. (Attachment # 8) 9. Purchase of specialized equipment Motion authorizing the purchase of specialized equipment for a total amount of $106,740.14 utilizing funds from the 2009 and 2010 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund No. 1062. (Attachment # 9) 10. Acceptance of Target Corporation grant and appropriating funds a. Motion authorizing the City Manager or designee to accept funding in the amount of $1,700 from the Target Corporation for the purchase of equipment to assist the Repeat Offender Program for the Police Department. (Attachment # 10) b. Ordinance appropriating $1,700 in the General Fund No. 1020 from a grant from the Target Corporation for the purchase of equipment to assist the Repeat Offender Program for the Police Department; changing the FY 2011- Agenda Regular Council Meeting November 15, 2011 Page 5 2012 Operating Budget adopted by Ordinance No. 029155 by increasing revenue and expenditures in the General Fund No. 1020 by $1,700 each. (Attachment # 10) 11. Approval of lease agreement with Festival of the Arts for the Merriman Bobys House at Heritage Park a. Ordinance authorizing the City Manager or designee to execute a lease with Festival of the Arts for the Merriman Bobys House in Heritage Park for a one year term with an option to renew annually for two years with rent of $600 per month. (Attachment # 11) b. Ordinance appropriating $4,800 of anticipated rental income, from the lease of the Merriman Bobys House in Heritage Park to the Festival of the Arts, in the No. 4710 Visitor's Facility Fund for the maintenance of Heritage Park facilities; changing the FY 2011 -2012 Operating Budget adopted on July 26, 2011 by Ordinance No. 029155, by increasing revenues and expenditures by $4,800 each. (Attachment # 11) 12. Acceptance of Elderly Nutrition Program grant and appropriation of Funds a. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $637,137 grant awarded by the Area Agency on Aging of the Coastal Bend for the final federal installment of FY 2011 funding for the Senior Community Services, Elderly Nutrition Program. (Attachment # 12) b. Ordinance appropriating a $637,137 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY 2011 Senior Community Services, Elderly Nutrition Program. (Attachment # 12) Agenda Regular Council Meeting November 15, 2011 Page 6 13. Acceptance of Retired and Senior Volunteer Program grant and Appropriation of Funds a. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $21,671 grant awarded by the Corporation for National and Community Service for Retired and Senior Volunteer Program (RSVP). (Attachment # 13) b. Ordinance appropriating a $21,671 grant from the Corporation for National and Community Service in the No.1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program. (Attachment # 13) 14. Approval of a Funding Agreement with the Friends of the Corpus Christi Museum of Science and History and appropriation of funds for the salary of Museum Archeologist a. Motion authorizing the City Manager or designee to execute a Funding Agreement with the Friends of the Corpus Christi Museum of Science and History allowing them to reimburse the cost of salary for the Museum Archeologist for a period of two years. Funding agreement between the City of Corpus Christi and the Friends of the Corpus Christi Museum of Science and History to support the continued employment of the Museum Archeologist through completion of the Lower Nueces Valley Project. (Attachment # 14) b. Ordinance appropriating $47,760 from the Friends of the Corpus Christi Museum of Science and History into the No. 1020 General Fund for funding of an archeologist position in FY 201 1 -2012; and changing the FY 201 1 -2012 Operating Budget adopted by Ordinance No. 029155 to increase revenues and expenditures by $47,760 each. (Attachment # 14) 15. Approval of Type A grant for Lakeside Steel Texas. Inc. and appropriation of funds a. Ordinance appropriating $150,000 from the Unreserved Fund Balance in the No. 1140 Business /Job Development Fund for a grant from the Corpus Christi Business and Job Development Corporation Major Business Incentives to Lakeside Steel Texas Inc. for development of a new pipe Agenda Regular Council Meeting November 15, 2011 Page 7 threading facility; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $150,000. (Attachment # 15) b. Resolution approving the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Board ") and Lakeside Texas Steel Inc. ( "Lakeside "), which provides a grant of $150,000 for development of a new pipe threading facility; and authorizing the City Manager or designee to execute the Business Incentive Project Service Agreement with the Type A Board for the implementation and administration of the Business Incentive Agreement. (Attachment # 15) 16. Approval of Interlocal Agreement with Nueces County Water Control and Improvement District No. 3 for County Road 69 Resolution authorizing the City Manager, or designee, to execute an Interlocal Agreement with the Nueces County Water Control and Improvement District No. 3 related to the construction improvements along County Road 69, Project # 6507, and the District's irrigation canal contiguous to the roadway. (Attachment # 16) 17. Approval of Local Government Agreement with TxDOT for SH 357 (Saratoga Boulevard) from Staples Street to Rodd Field Road Resolution authorizing the City Manager, or designee, to execute a Local Government Agreement to contribute funds with the Texas Department of Transportation (TxDOT) for acquisition of right -of -way and adjustment of utilities for a highway project on State Highway 357 (Saratoga Boulevard) from Staples Street to Rodd Field Road with the City participation in the amount of $1,500 which represents 10% of the estimated total cost of the right -of -way ($15,000). (Attachment # 17) 18. Approval of amendment to City Auditor Ordinance: approval of budget amendment; and Approval of Annual Audit Plan a. Second Reading Ordinance - Amending Ordinance No. 029171 regarding City Auditor; establishing a Council Audit Committee; providing for publication. (First Reading- 11/08/11) (Attachment # 18) Agenda Regular Council Meeting November 15, 2011 Page 8 b. Second Reading Ordinance Appropriating $15,165 from the Unreserved Fund Balance in the No. 1020 General Fund for Internal Audit department personnel, software and remodeling expenses; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $15,165. (First Reading - 11 /08/11) (Attachment # 18) c. Second Reading Ordinance - To approve the Annual Audit Plan for FY 2011 -2012. (First Reading - 11/08/11) (Attachment # 18) 19. Continuing TMRS 100% Undated Service Credits for current participants and 70% Consumer Price Index (CPI) increases for annuities Second Reading Ordinance - Authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions. (First Reading - 11/08/11) (Attachment # 19) 20. Aquarius Street Speed Limit Reduction Second Reading Ordinance - Amending Section 53 -255 of the Code of Ordinances to decrease the speed limit on Aquarius Street between Commodores Drive to Whitecap Boulevard from 35 MPH to 30 MPH at all times, providing for penalties; and providing for publication. (First Reading - 11/08/11) (Attachment # 20) I. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Agenda Regular Council Meeting November 15, 2011 Page 9 * Executive session pursuant to 551.071 of the Texas Government Code to consult with attorneys regarding Cause. No. 2011 DCV- 5073 -C styled Ex Parte City of Corpus Christi, Texas presently pending in the 94th District Court of Nueces County, Texas, which involves Aquarius Street issues, with possible discussion and action in open session. J. PUBLIC HEARINGS: (NONE) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 21. Nomination of TPCO America Corporation for Texas Enterprise Zone project Resolution nominating TPCO America Corporation ( "TPCO ") to the Office of the Governor Economic Development & Tourism ( "EDT ") through the Economic Development Bank ( "Bank ") as a triple jumbo enterprise project pursuant to the Texas Enterprise Zone Act ( "Act "). (Attachment # 21) 22. Award of construction contract for Aquarius Street Motion authorizing the City Manager or designee to execute a construction contract with Haas Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $1,303,865.60 for the Base Bid and Additive Alternates 1, 2, and 3 for Aquarius Street. (Tabled 11/08/11) (Attachment # 22) L. FIRST READING ORDINANCES: 23. Code Amendment for keeping urban chickens First Reading Ordinance - Amending the Code of Ordinances, Section 6 -154, entitled "Keeping of any livestock or fowl," by revising the section to allow the keeping of urban chickens; providing for penalties; and providing for publication. (Attachment # 23) M. FUTURE AGENDA ITEMS AND UPDATES TO CITY COUNCIL: These items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. Agenda Regular Council Meeting November 15, 2011 Page 10 FUTURE AGENDA ITEMS: 24. Acceptance of Coverdell Forensic Sciences Improvement Grant Program and appropriation of funds a. Motion authorizing the City Manager or designee to accept a grant in the amount of $60,000 from the State of Texas, Criminal Justice Division (CJD) of the Governor's Office for funding available under the Coverdell Forensic Sciences Improvement Grant Program for the purchase of an interface between the Police Department Laboratory Information Management System and Records Management System, and to execute all related documents. (Attachment # 24) b. Ordinance appropriating $60,000 from the State of Texas, Criminal Justice Division (CJD) of the Governor's Office for funding available under the Coverdell Forensic Sciences Improvement Grant Program in the No. 1061 Police Grant Fund. (Attachment # 24) 25. Award of contract for Old Police Department Building Property Storage Modifications and Demolition Motion authorizing the City Manager or designee to execute a Job Order Construction Contract with Barcom Commercial, Inc., of Corpus Christi, Texas in the amount of $169,322,43 for the Old Police Department Building Property Storage Modifications and Demolition. (Attachment # 25) 26. Award of contract for Williams Drive New Police Department Offices Motion authorizing the City Manager or designee to execute a Job Order Construction Contract with Alpha Building Corporation, of Corpus Christi, Texas in the amount of $90,561.15 for the Williams Drive New Police Department Offices. (Attachment # 26) 27, Revision of City's Tax Abatement Guidelines and Criteria a. Resolution adopting the revised City's Guidelines and Criteria for Granting Tax Abatements. (Requires 3/4 vote of Council) (Attachment # 27) Agenda Regular Council Meeting November 15, 2011 Page 11 b. Resolution amending the City of Corpus Christi Economic Development Incentive Policies 2009 -2011 to incorporate provisions of the City's Guidelines and Criteria for Granting Tax Abatements. (Requires 3/4 vote of Council) (Attachment # 27) 28. Approval of tax abatement agreement with Corpus RP -Two, Ltd Resolution authorizing the execution of an agreement with Corpus RP -Two, Ltd., providing for temporary property tax abatement. (Attachment # 28) 29. Type A Board grant for Del Mar College Aviation Maintenance Technical Training Facility and appropriation of funds a. Ordinance appropriating $225,000 from the Unreserved Fund Balance in the No. 1140 Business/Job Development Fund for a grant from the Corpus Christi Business and Job Development Corporation Major Business Incentives to Del Mar College for development of the aviation maintenance technical training facility at the Corpus Christi International Airport; and changing the FY 201 1 -2012 Operating budget adopted by Ordinance No. 029155 to increase appropriations by $225,000. (Attachment # 29) b. Resolution approving the First Amendment to the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Board ") and Del Mar College ( "Del Mar "), which provides an additional $225,000 for development of the aviation maintenance technical training facility at the Corpus Christi International Airport. (Attachment # 29) 30. Type A Board grant for Craft Training Center of the Coastal Bend and appropriation of funds a. Ordinance appropriating $1,750,000 from the Unreserved Fund Balance in the No. 1140 Business /Job Development Fund for a grant from the Corpus Christi Business and Job Development Corporation Major Business Incentives to Associated Builders and Contractors Merit Shop Training Program, Inc., doing business as Craft Training Center of the Coastal Bend for expansion of its facility; and changing the Agenda Regular Council Meeting November 15, 2011 Page 12 FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $1,750,000. (Attachment # 30) b. Resolution approving the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Board ") and Associated Builders and Contractors Merit Shop Training Program, Inc., doing business as Craft Training Center of the Coastal Bend ( "Craft "), which provides a grant of $1,750,000 for expansion of Craft's existing facility; and authorizing the City Manager or designee to execute the Business Incentive Project Service Agreement with the Type A Board for the implementation and administration of the Business Incentive Agreement. (Attachment # 30) FUTURE PUBLIC HEARINGS: 31. Zoning Case No. 0911 -04, The Other Door: A change of zoning from the "RM -1 Multifamily 1 District to the "CN -1 Neighborhood Commercial District, resulting in a change of future land use from multifamily use to a commercial use. The property to be rezoned is Shannon Addition Lot 10, Block 1, located south of Coleman Avenue and east of South Staples Street. (Attachment # 31) 32. Zoning Case No. 0911 -05, Texan Trail Properties — A change of zoning from the "RM -1" Multifamily 1 District to the "CG-2" General Commercial District, resulting in a change of future land use from multifamily use to a commercial use. The property to be rezoned is Lindale Park Subdivision, located at the southwest corner of side of Reid Drive and Texan Trail. (Attachment # 32) UPDATES TO CITY COUNCIL: 33, Adoption of 2008 and 2009 Technical Construction Codes and Proposed Amendments (Attachment # 33) N. PUBLIC COMMENT ON NON - AGENDA OR AGENDA RELATED MATTERS 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, Agenda Regular Council Meeting November 15, 2011 Page 13 PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING. YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL 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: * Update on City Operations P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at p.m., on November 10, 2011. OkLmetrcib e.k Armando Chapa p 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. 1 Present: Mayor Joe Adame Council Members: Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick David Loeb John Marez Nelda Martinez Mark Scott Absent Priscilla Leal MINUTES City of Corpus Christi, Texas Regular Council Meeting November 8, 2011 - 12:00 p.m. 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 Father Sean Maloney, St. Bartholomew's Episcopal Church and the Pledge of Allegiance to the United States Flag was led by Council Member Kevin Kieschnick. 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 October 25, 2011. A motion was made and passed to approve the minutes as presented. BOARD APPOINTMENTS The council made the following reappointments and new appointments to the city's boards, commissions and committees: Citizens Advisory Health Board Suzzette Chopin, Reappointed Elizabeth Sefcik, New Appointment Lauren Younborg, New Appointment Ted Schroeder (Joint), New Appointment Ethics Commission William Strawn, Reappointed Haysam D. Dawod, Reappointed Coretta Graham, New Appointment Food Service Advisory Committee Robert Boyle, Reappointed Manuel Ortega, New Appointment Minutes - Regular Council Meeting November 8, 2011 Page 2 Island Strategic Action Committee Alex Harris (Construction Contractor), New Appointment Library Board Mary Jane Garza, Reappointed Lawrence Jordan, Reappointed John B. Keys, Reappointed Paul Altheide, New Appointment Mayor's Fitness Council Ken de Koning (Faith - Based), New Appointment Megan Allen (College /University), New Appointment Reinvestment Zone No. Two Board Mayor Joe Adame Council Member Chris Adler Council Member Larry Elizondo Council Member Kevin Kieschnick Council Member Priscilla Leal Council Member David Loeb Council Member John Marez Council Member Nelda Martinez Council Member Mark Scott CONSENT AGENDA Mayor Adame called for consideration of the Consent Agenda (Items 3 - 7). Council Members requested that Item No. 3 be pulled for individual consideration. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2011 -244 Motion authorizing the lease purchase of one tractor and flex -wing cutter from Lansdowne - Moody Co., L.P., of Houston, Texas, for a total amount of $80,000, of which $18,541.55 is required for the remainder of FY 2011 -2012. The award is based on the Cooperative Purchasing Agreement with the Houston - Galveston Area Council of Governments (H -GAC). Funds are available in the Airport Fund in FY 2011 -2012. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye "; Leal was absent. 5.a. MOTION NO. 2011 -245 Motion authorizing the City Manager or designee to execute an amendment to extend a lease agreement for two.years, with an option for three, one-year extensions, with Wilson Plaza Associates LP, for approximately 4,802 - square feet at the Wilson Building, 606 N. Carancahua, Suite #105, for $4,802 monthly rental payment, for the Juvenile Assessment Center. Minutes - Regular Council Meeting November 8, 2011 Page 3 The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye "; Leal was absent. 5.b. MOTION NO. 2011 -246 Motion authorizing the City Manager or designee to execute an amendment to extend a lease agreement for two years, with an option for three, one -year extensions, with Wilson Plaza Associates L.P., for approximately 4,710- square feet at the Wilson Building, 606 N. Carancahua, Suite #113 -A for $5,800.45 monthly rental payment to house the City's Magistration and Detention Center. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye "; Leal was absent. 5.c. MOTION NO. 2011 -247 Motion authorizing the City Manager or designee to execute an amendment to extend a lease agreement for two years, with an option for three, one -year extensions, with Wilson Plaza Associates L.P., for approximately 5,443 - square feet at the Wilson Building, 606 N. Carancahua, Suite #113 for $6,197.83 monthly rental payment to house the Municipal Environmental and Juvenile Courts. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye "; Leal was absent. 6. MOTION NO. 2011 -248 Motion authorizing the City Manager or designee to execute a service contract with the Texas Water Development Board for the Volumetric and Sedimentation Surveys of Lake Corpus Christi and Choke Canyon Reservoir. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye "; Leal was absent. 7.a. ORDINANCE NO. 029268 Ordinance changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase revenues and expenditures in the amount of $34,800 for the addition of Project #E11114, BS 286A (Ayers Street) from Holly Road to SH 357 (Saratoga Boulevard) Project. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye "; Leal was absent. 7.b. RESOLUTION NO. 029269 Resolution authorizing the City Manager or designee to execute an lnterlocal Agreement with the Texas Department of Transportation (TXDOT) for an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement -3- Minutes - Regular Council Meeting November 8, 2011 Page 4 Projects with no required match for the adjustment of water valves during the rehabilitation and widening of BS 286A (Ayers Street). The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye"; Leal was absent. The following item was pulled for individual consideration and was voted on separately. There were no comments from the audience. City Secretary Chapa polled the council for their votes as follows: 3. MOTION NO. 2011 -243 Motion approving the purchase of play structures and park equipment from T.F. Harper & Associates LP, of Austin, Texas based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $77,718.28. The purchase is for new and replacement park equipment for Molina Veteran's Park, Airline Park, Turtle Cove Park, Bel Aire Park, Lindale Park, Lawson Park and Inwood Park. Funding is budgeted and available in the Parks and Recreation 2010 General Obligation (BOND 2008) Capital Improvement Project Fund. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye "; Leal was absent. EXECUTIVE SESSIONS Mayor Adame announced the executive session which was listed on the agenda as follows: Executive session pursuant to 551.071 of the Texas Government Code to consult with attorneys regarding Cause. No. 2011 DCV- 5073 -C styled Ex Parte City of Corpus Christi, Texas presently pending in the 94th District Court of Nueces County, Texas, which involves Aquarius Street issues, with possible discussion and action in open session. The council went into executive session. The council returned from executive session. Mayor Adame announced that no action would be taken on the executive session. Mayor Adame deviated from the agenda and referred to Item No. 11, a presentation regarding the Initial Assessment of Single Member District Population Deviations. David Mendez, Bickerstaff Heath Delgado Acosta LLP Firm provided an overview of the redistricting process and timetable; explained the one person - one vote concept; referred to the ideal council member district size using the 2010 census data to be 60,848 per district; explained the deviation between the most populous and least populous district; DOJ preclearance process; explained the voting rights act and retrogression; referred to redistricting standards under the Shaw -Reno line of cases; explained the two policies regarding the redistricting criteria and the elements of the guidelines . for submitting redistricting proposals; referred to the 2010 population and that Districts 1 through 4 are under populated; and the timetable. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 11.b. RESOLUTION NO. 029273 -4- Minutes - Reg ular.Council Meeting November 8, 2011 Page 5 Resolution of the City Council of the City of Corpus Christi, Texas adopting criteria for use in the redistricting 2011 process; and providing an effective date. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye"; Leal was absent. 11.c. RESOLUTION NO. 029274 Resolution of the City Council of the City of Corpus Christi, Texas establishing guidelines for persons submitting comments and specific redistricting proposals; and providing an effective date. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye "; Leal was absent. PUBLIC HEARINGS ZONING CASES Mayor Adame referred to Item No. 8, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0911 -02, Red Ace Saratoga, Ltd; A change of zoning from the "CG -2" General Commercial District to "IL" Light Industrial District without resulting in a change of future land use. The property to be rezoned is described as Saratoga Weber Plaza, Block 9, Lot 2A. The property is located west of the intersection of Saratoga Boulevard and Weber Road City Planner Miguel Saldana referred to a presentation including an aerial view of the subject property; the existing and future land use map; ownership map; location of surrounding business; and a site plan. Mr. Saldana stated that the Planning Commission and staff recommend approval of the applicant's request for a change of zoning from "CG -2" Genera! Commercial District to "IL" Light Industrial District. Mr. George Glower, the applicant stated that he is agreeable to a special permit that would allow for the rental company lease and outside storage. Council Member Kieschnick made a motion to grant a Special Permit, seconded by Council Member Scott and passed. Council Member Elizondo made a motion to close the public hearing, seconded by Council Member Martinez and passed. City Secretary Chapa polled the council for their votes as follows: 8. ORDINANCE NO. 029270 Ordinance amending the Unified Development Code, upon application by Owner, Red Ace Saratoga, Ltd. by changing the UDC zoning map in reference to Saratoga Weber Plaza, Block 9, Lot 2A, from the "CG -2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; and providing for publication. -5- Minutes - Regular Council Meeting November 8, 2011 Page 6 An emergency was declared and the foregoing ordinance was passed and approved as amended with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott voting "Aye'; Leal was absent. Mayor Adame referred to Item No. 9, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 091 1 -03, Calallen Baptist Church: A change of zoning from the "RS -6" Single - Family 6 District to "CN -1" Neighborhood Commercial District resulting in a change of future land use. The property described as Calallen, Block 19, Lots 11 and 12 and Calallen Townsite, Block 14, Lot 7 -A and Block 19, Lot 1 -A, located between Middle Lane and west Buckhorn Street, west of Interstate Highway 37. City Planner Miguel Saldana referred to a presentation including an aerial view of the subject property; the existing and future land use map; location of surrounding business; and a site plan. Mr. Saldana stated that the Planning Commission and Staff's recommendation is denial of the "CN -1" Neighborhood Commercial District for the entire property and in lieu thereof approval of a change of zoning to the "CN -1" Neighborhood Commercial District for 100 feet of the subject property along the Interstate 37 frontage. No one appeared in opposition to the zoning change. Council Member Martinez made a motion to close the public hearing, seconded by Council Member Elizondo, and passed. City Secretary Chapa polled the council for their votes as follows: 9. ORDINANCE NO. 029271 Amending the Unified Development Code (UDC), upon application by Owner, Calallen Baptist Church, by changing the UDC zoning map in reference to Calallen, Block 19, Lots 11 and 12, and Calallen Townsite, Block 19, east 100 feet of Lot 1 -A, from the "RS -6" Single - Family 6 District to the "CN -1" Neighborhood Commercial District, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott voting "Aye"; Leal was absent. COMPREHENSIVE PLAN AMENDMENT Mayor Adame referred to Item No. 10, and a motion was made, seconded and passed to open the public hearing on the comprehensive plan amendment for the Port/Airport/Violet Area Development Plan. Mr. Johnny Perales, Assistant City Manager stated that this item is for the public hearing and second reading to provide for the Corpus Christi Beach Area Development Plan. No one appeared in opposition to the comprehensive plan amendment. Council Member Martinez made a motion to close the public hearing, seconded by Council Member Loeb and passed. City Secretary Chapa polled the council for their votes as follows: 10. ORDINANCE NO. 029272 Amending the Comprehensive Plan for the City of Corpus Christi by amending the Port/Airport/Violet Area Development Plan area boundary to delete the Rincon Channel -6- Minutes - Regular Council Meeting November 8, 2011 Page 7 areas; amending the boundaries of the North Central Area Development Plan to include Rincon Channel areas; providing for a new plan name of the North Central Area Development Plan to the Corpus Christi Beach Development Plan; amending the Comprehensive Plan by adopting the Corpus Christi Beach Development Plan which incorporates a comprehensive rezoning strategy, policies for growth and development, a prioritized project list for consideration in the City's Capital Budget Improvement Plan, legislative priorities and direction in seeking partnerships and grants from various entities, repealing portions of Ordinance 022166 pertaining to the North Central Area Development Plan; amending related elements of the Comprehensive Plan including the Future Land Use Plan adopted by Ordinance 028504; providing for an effective date; and providing for publication. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Loeb, Marez, Martinez and Scott, voting "Aye "; Elizondo, Kieschnick and Leal were absent. Mayor Adame deviated from the agenda and referred to Item No. 37, Convention and Visitors Bureau Update. Keith Arnold, CEO, Convention and Visitors Bureau provided a brief presentation and referred to the visitors trends and the three primary attractions — Texas State Aquarium, USS Lexington and Museum of Science and History for the period July 2010 through September 2011; industry travel using the Smith Travel Research for hotel occupancy; referred to the HOT collections for the fiscal year ending July 2011; convention and sports sales for year- end; referred to the CVB convention sales team and goals and the 2010 -2011 advertising budget; Co -Op advertising, billboards and first branding; the certified tourism ambassador program; an interactive marketing website, email marketing and online sales. REGULAR AGENDA MayorAdame referred to Item No. 12. Pete Anaya, Director of Engineering stated that this is an amendment to contract with LNV to rehabilitate the existing effluent pipeline at the Broadway Wastewater Treatment Plant. MayorAdame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 12. MOTION NO. 2011 -249 Motion authorizing the City Manager or designee to execute Amendment No. 1 to the Contract for Professional Services with LNV Engineering, Inc. of Corpus Christi, Texas, in the amount of $245,158 for the Broadway Wastewater Treatment Plant Effluent Line Rehabilitation. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Loeb, Marez, Martinez and Scott, voting "Aye "; Kieschnick and Leal were absent. MayorAdame referred to Item No. 13. Pete Anaya, Director of Engineering stated that this item is selecting Freese and Nichols as peer review consultants for the Oso Water Reclamation Plant project. MayorAdame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: Minutes - Regular Council Meeting November 8, 2011 Page 8 13. MOTION NO. 2011 -250 Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of $61.,551 for the Oso Water Reclamation Plant Nutrient Removal Project — Peer Review. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye "; Leal was absent. Mayor Adame referred to Item No. 14. Pete Anaya, Director of Engineering stated that this item is for the construction contract for the Phase 1 short term improvements to the Salt Flats Levee System. MayorAdame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 14. MOTION NO. 2011 -251 Motion authorizing the City Manager or designee to execute a construction contract with Bridges Specialties, Inc. of Sandia, Texas in the amount of $208,000 for construction of the Salt Flats Levee System, Phase 1 (Short Term Improvements). The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent. MayorAdame referred to Item No. 15. Pete Anaya, Director of Engineering stated that this item is amending to the contract with Urban Engineering and is related to the improvements at the Allison Wastewater Treatment Plant. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 15. MOTION NO. 2011 -252 Motion authorizing the City Manager or designee to execute Amendment No. 1 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas, in the amount of $116,860 for the Allison Wastewater Treatment Plant Mechanical Bar Screen and Grit Removal Improvements. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye "; Leal was absent. Mayor Adame referred to Item No. 16. City Manager Ron Olson is recommending withdrawing the item for consideration this week. Council Member Scott stated that the intent is to bring this item back expeditiously. 4-67 MOTION WITHDRAWN FIRST READING ORDINANCES Mayor Adame referred to Item No. 17. Celia Gaona, City Auditor stated that Item 17 includes an amendment to the City Auditor ordinance to establish a council audit committee; appropriation of funds for personnel, software and remodeling expenses; and approval of the -8- Minutes - Regular Council Meeting November 8, 2011 Page 9 annual audit plan. Ms. Gaona stated that a high level risk assessment was performed and referred to the departments that had been selected for audit. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: - City Manager-Olson stated that Item 17a should be amended to remove Item No. 5 under Section 12 % -3 of the Ordinance. Council Member Scott made a motion, seconded by Council Member Loeb, and passed. 17.a. FIRST READING ORDINANCE Ordinance amending Ordinance No. 029171 regarding City Auditor; establishing a Council Audit Committee; providing for publication. The foregoing . ordinance was passed and approved on first reading as amended with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye "; Leal was absent. 17.b. FIRST READING ORDINANCE Ordinance appropriating $15,165 from the Unreserved Fund Balance in the No. 1020 General Fund for Internal Audit department personnel, software and remodeling expenses; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $15,165. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye "; Leal was absent. 17.c FIRST READING ORDINANCE Ordinance to approve the Annual Audit Plan for FY 2011 -2012. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent. Mayor Adame referred to Item No. 18. Fred Segundo, Director of Aviation stated that this item is a first reading ordinance that will consolidate three existing leases with the Federal Aviation Administration for operation and maintenance of the navigational aids at the Corpus Christi International Airport. Mr. Segundo added that the agreement takes effect 61 days after approval by the council on second reading. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 18. FIRST READING ORDINANCE Authorizing the City Manager, or designee, to execute a twenty -year Memorandum of Agreement with the Federal Aviation Administration for the use of property at the Corpus Christi International Airport for the construction, operation, and maintenance of FAA owned navigation, communication and weather aid facilities; and providing for publication. Minutes - Regular Council Meeting November 8, 2011 Page 10 The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye "; Leal was absent. Mayor Adame referred to Item No. 19. Joan McKaughan, Interim Director of Human Resources stated that this is annual ordinance to- continue provisions in the Texas Municipal Retirement System Plan for participating employees that continues the updated service credits benefit and cost of living adjustment for prior and current annuitants. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes -as follows: 19. FIRST READING ORDINANCE Authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye "; Leal was absent. Mayor Adame referred to Item No. 20. Pete Anaya, Director of Engineering stated that this is a first reading item amending the speed limit from 35 MPH to 30 MPH on Aquarius Street between Commodores Drive to Whitecap Boulevard. Mr. Anaya added that the Traffic Department conducted a speed study and that accident history data warrants lowering the speed limit. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 20. FIRST READING ORDINANCE Amending Section 53 -255 of the Code of Ordinances to decrease the speed limit on Aquarius Street between Commodores Drive to Whitecap Boulevard from 35 MPH to 30 MPH at all times, providing for penalties; and providing for publication. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott voting "Aye "; Leal was absent. FUTURE AGENDA ITEMS: Mayor Adame referred to the Future Agenda Item section on the agenda. Items 21 - 36. Mayor Adame stated that the se items are for informational purposes only and that no action or public comment will be taken at this time. Council members pulled items 23, 24, 26, and 33. Staff provided a presentation on the Item 36. 21. Motion approving a supply agreement with Ergon Asphalt & Emulsions, Inc., of Austin, Texas for emulsion oil (SS -1) in accordance with Bid Invitation No. BI- 0017 -12, based on only bid, for an estimated six month expenditure of $84,645.05. The term of the contract will be for six months with an option to extend for up to five additional six -month periods, subject to the approval of the supplier and the City Manager or designee. This material is —1 0— Minutes - Regular Council Meeting November 8, 2011 Page 11 used by Street Services for maintenance of City streets. Funds have been budgeted by the Street Services Department in FY 2011/2012. 22. Motion approving the purchase of a LiveScan booking station and required components from 3M Cogent Systems, Inc. as an enhancement to the Corpus Christi Police Department's existing Automated Fingerprint Identification System for -a total - amount of $85,613. Funds are budgeted and available in the 2010 State Homeland Security Program -- Law Enforcement Terrorism Prevention Activity Fund, acquired through the 2010 Homeland Security Grant Program. 23. Motion approving a service agreement with ACS State & Local Solutions, Inc., of Dallas, Texas for EMS Billing and Collections Services in accordance with the State of Texas Department of Information Resources (DIR) cooperative purchasing agreement for an estimated annual expenditure of $396,800 of which $264,533 is required for FY 2011- 2012. The term of the contract will be for one year with two automatic extensions and an option to extend the agreement for up to two additional twelve month periods subject to the agreement of the contractor and the City Manager or designee. Funds have been budgeted by the Fire Department in FY 2011 -2012. 24. Motion approving the lease purchase of three (3) transfer trailers from Rush Truck Centers of Texas, Inc., of Houston, Texas in the amount of $228,819, of which $16,344.84 is required for FY 2011 -2012. The award is based on the cooperative purchasing agreement with the Houston- Galveston Area Council of Governments (H -GAC). The transfer trailers will be used by Solid Waste Operations. Funds for the lease purchase of the transfer trailers will be provided through the City's lease /financing program. 25. Motion approving a supply agreement with TDW Services, Inc., of Pasadena, TX, for hot tap fittings in accordance with Bid Invitation No. BI- 0016 -12 based on low bid for an estimated annual expenditure of $65,738.50 of which $43,825.67 is required for FY 2011- 12. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve - month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Gas Department in FY 2011 /2012. 26. Motion approving the lease purchase of two (2) ambulances from Knapp, Chevrolet, of Houston, Texas in the amount of $270,000 of which $19,286.44 is required for FY 2011- 12. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The ambulances will be used by the EMS Division of the Fire Department. Funds for the lease purchase of the ambulances will be provided through the city's lease /financing program. 27. Motion authorizing the purchase of specialized equipment for a total amount of $106,740.14 utilizing funds from the 2009 and 2010 Homeland Security Grant awarded to the City of Corpus Christi and budgeted -in the Fire Grant Fund No. 1062. 28.a. Motion authorizing the City Manager or designee to accept funding in the amount of $1,700 from the Target Corporation for the purchase of equipment to assist the Repeat Offender Program for the Police Department. 28.b. Ordinance appropriating $1,700 in the General Fund No. 1020 from a grant from the Target Corporation for the purchase of equipment to assist the Repeat Offender Program for the Police Department; changing the FY 2011 -2012 Operating Budget adopted by _11_ Minutes - Regular Council Meeting November 8, 2011 Page 12 Ordinance No. 029155 by increasing revenue and expenditures in the General Fund No. 1020 by $1,700 each. 29.a. Ordinance authorizing the City Manager or designee to execute a lease with Festival of the - Arts for the Merriman Bobys House in Heritage Park for a one year term with an option to renew annually for two years with rent of $600 per month. 29.b. Ordinance appropriating $4,800 of anticipated rental income, from the lease of the Merriman Bobys House in Heritage Park to the Festival of the Arts, in the No. 4710 Visitor's Facility Fund for the maintenance of Heritage Park facilities; changing the FY 2011 -2012 Operating Budget adopted on July 26, 2011 by Ordinance No. 029155, by increasing revenues and expenditures by $4,800 each. 30.a. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $637,137 grant awarded by the Area Agency on Aging of the Coastal Bend for the final federal installment of FY 2011 funding for the Senior Community Services, Elderly Nutrition Program. 30. b. Ordinance appropriating a $637,137 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY 2011 Senior Community Services, Elderly Nutrition Program. 31.a. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $21,671 grant awarded by the Corporation for National and Community Service for Retired and Senior Volunteer Program (RSVP). 31.b. Ordinance appropriating a $21,671 grant from the Corporation for National and Community Service in the No.1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program. 32.a. Motion authorizing the City Manager or designee to execute a Funding Agreement with the Friends of the Corpus Christi Museum of Science and History allowing them to reimburse the cost of salary for the Museum Archeologist for a period of two years. Funding agreement between the City of Corpus Christi and the Friends of the Corpus Christi Museum of Science and History to support the continued employment of the Museum Archeologist through completion of the Lower Nueces Valley Project. 32.b. Ordinance appropriating $47,760 from the Friends of the Corpus Christi Museum of Science and History into the No. 1020 General Fund for funding of an archeologist position in FY 2011 -2012; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase revenues and expenditures by $47,760 each. 33.a. Ordinance appropriating $150,000 from the Unreserved Fund Balance in the No. 1140 Business /Job Development Fund for a grant from the Corpus Christi Business and Job Development Corporation Major Business Incentives to Lakeside Steel Texas Inc. for development of a new pipe threading facility; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $150,000. 33.b. Resolution approving the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Board ") and Lakeside Texas Steel Inc. ( "Lakeside "), which provides a grant of $150,000 for development of a new pipe threading facility; and authorizing the City Manager or designee to execute the Business —12- Minutes - Regular Council Meeting November 8, 2011 Page 13 Incentive Project Service Agreement with the Type A Board for the implementation and administration of the Business Incentive Agreement. 34. Resolution authorizing the City Manager, or designee, to execute an Inter-local Agreement with the Nueces County Water Control and Improvement District. No. 3 related to the construction improvements along County Road 69, Project # 6507, arid-the Distr1ct's irrigation canal contiguous to the roadway. 35. Resolution authorizing the City Manager, or designee, to execute a Local Government Agreement to contribute funds with the Texas Department of Transportation (TxDOT) for acquisition of right -of -way and adjustment of utilities for a highway project on State Highway 357 (Saratoga Boulevard) from Staples Street to Rodd Field Road with the City participation in the amount of $1,500 which represents 10% of the estimated total cost of the right -of -way ($15,000). 36. Resolution nominating TPCO America Corporation ( "TPCO ") to the Office of the Governor Economic Development & Tourism ( "EDT ") through the Economic Development Bank ( "Bank ") as a triple jumbo enterprise project pursuant to the Texas Enterprise Zone Act ( "Act "). UPDATES TO CITY COUNCIL: MayorAdame referred to Item No. 38, Presentation on Destination Bayfront Project Update. Oscar Martinez, Assistant City Manager stated that the purpose of the presentation is to provide an update on the Destination Bayfront Project, Phase III. Mr. Martinez added that the Memorandum of Understanding authorized the organization to create an RFQ for the design and planning services related to . J.J. Hart, Board Member and Dan Biles, Assistant Director for Engineering Services provided an update on the RFQ process; selection project team; the lead consultant selected, Hargreaves Associates and their project history; project road map; and scope o work. PUBLIC COMMENT Erica Lyons, spoke regarding the Roll Beyond Coal demonstration scheduled for November 19' at McCaughan Park; and in support of bike lanes. CITY MANAGER COMMENTS Mr. Olson provided an update on the vehicle management program; update on the recruitment for the Human Resources Director, Finance Director and Fire Chief; and reported that the Improvement Team has completed the field work on the first city department and will provide a presentation to the council on the findings and improvements for that department. Mr. Olson stated that they are continuing their work on a solution for the crossing guard program. There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 3:00 pm on November 8, 2011. 2 a. SISTER CITY COMMITTEE --- Five (5) vacancies with three -year terms to 09 -14. DUTIES: To study ways and means of improving relations with the Corpus Christi sister cities and to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, boards and officials in accomplishing the purposes of the Sister City program. COMPOSITION: It shall consist of a Steering Committee of twenty -one members and various subcommittees, members who shall be broadly representative of the racial, religious and ethnic groups in the community. The members shall be appointed by the City Council and shall serve three -year terms or until their successors are appointed and qualified. The Steering Committee shall be responsible for the overall administration and implementation of the City's Sister City program. There shall be a subcommittee for each sister city authorized by Resolution of the City Council. Members of each such subcommittee shall be appointed by the Steering Committee plus members from the community at large as deemed necessary and sufficient by the Steering Committee. Each subcommittee shall be responsible, under the direction of the Steering Committee, for primary study, liaison and recommendations for each sister city. The offices of the committee shall consist of a General Chairman, V- Chairman for each of the Sister City subcommittees established in accordance with Sec. 2 -152. The Chairman and each vice - chairman shall be elected by majority vote of the sister city committee annually. If the General Chairman is absent, a vice - chairman shall be elected from the committee to serve as General Chairman during his/her absence. ORIGINAL MEMBERS TERM APPTD. DATE Brenda "Brandi" Williams 9 -12 9 -11 -07 Andi Baker 9 -12 6 -28 -11 Donald Russell 9 -13 10 -13 -09 *John Rocha 9 -11 9 -23 -08 Meredith N. Grant 9 -13 2 -22 -11 *Jeremy Coleman 9 -11 1 -11 -11 Yvette Lara 9 -14 6 -28 -11 ** *Letisia Rios- Cortez 9 -11 1 -11 -11 Elizabeth Garza 9 -13 5 -26 -09 *Dr. Judith Prewitt 9 -11 1 -11 -11 Heather Moretzsohn 9 -13 1 -11 -11 Tim Dowling 9 -13 7 -10 -07 John R. Seaman 9 -13 1 -11 -11 ***Arthur J. Valdez 9 -11 1 -11 -11 Mohamad Omar 9 -12 6 -28 -11 Woodrow Mac Sanders 9 -12 1 -11 -11 Christine Kailas 9 -12 5 -11 -10 Alan Thornburg 9 -12 10 -13 -09 Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation (The Sister City Committee is recommending the reappointments of John Rocha, Jeremy Coleman and Dr. Judith Prewitt, and the new appointments of Kelly Kimble and Westi Horn.) —17— ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Jeremy Coleman 6 3 (1 exc.) 50% Dr. Judith Prewitt 6 3 (1 exc.) 50% John Rocha 10 7 70% INDIVIDUALS EXPRESSING INTEREST: Vincent E. Doyle Margareta Fratila Westi Horn Kelly Kimble Retired, Technical Engineer, Pipe and Maintenance Department. Received Associate Degree. (4112111 ) 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. (6129111) Administrative Assistant, Texas A &M University — Corpus Christi. Received a BBA from Texas A&M University — Corpus Christi. Activities include: Former Sister City Committee (6/04 - 9/10). (1012711-1) Theatre Director/DIL Coordinator, Carroll High School. Received a Bachelor of Arts from Corpus Christi State University. Activities include: Theatre and Speech organizations (TETA, TSCA, NFL), International Thespian Society, Carroll High Choir Booster Club, and Corpus Christi filmmaking society. (05123111) William M. Kramer, Jr. Monica Montalvo Anthony John Mulheron 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. (Community at Large) (6117/11) Insurance Agent /Owner, Farmers Insurance. Graduated from Baylor University with Double Major in Psychology . and Sociology. Activities include: March of Dimes. (6116111) Quality Control Inspector, L3. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (Community at Large) (5/2/11) j 3 AGENDA MEMORANDUM for the City Council Meeting of November 15, 2011 DATE: 11/15/2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361 -526 -3169 Award of a supply agreement: Emulsion Oil (SS -1) Bid Invitation — BI- 0017 -12 CAPTION: RECOMMENDATION: Motion approving a supply agreement with Ergon Asphalt & Emulsions, Inc., Austin, Texas for emulsion oil (SS -1) in accordance with Bid Invitation No. BI- 0017 -12, based on only bid, for an estimated six month expenditure of $84,645.05. The term of the contract will be for six months with an option to extend for up to five additional six -month periods, subject to the approval of the supplier and the City Manager or designee. This material is used by Street Services for maintenance of City streets. Funds have been budgeted by the Street Services Department in FY 11/12. BACKGROUND AND FINDINGS: The SS -1 emulsion oil is used by Street Services as a tack -coat for patch work on City streets. The options to extend the previous contract were exhausted. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY 1 NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Street Services Department FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011-2012 Project to Date Expenditures (GIP only) Current Year Future Years TOTALS Line Item Budget $2,387,164.88 0.00 $2,387,164.88 Encumbered 1 Expended Amount 115,178.60 0.00 115,178.60 This item 84,645.05 0.00 84,645.05 BALANCE $2,187,341.23_ 0.00 $2,187,341.23 Fund(s): Genera! Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. UST OF SUPPORTING DOCUMENTS: Bid tabulation attached. Approvals: Brian Narvaez, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager PURCHASING DIVISION BID TABULATION BID INVITATION NO. B!- 0017 -12 CITY OF CORPUS CHRISTI SENIOR BUYER: ELISA COVINGTON DATE: 11/15/11 ERGON ASPHALT & EMULSIONS, INC. AUSTIN, TEXAS Description 1 Emulsion Oil (SS -1) Qty. 1 Unit Unit Price Total Price 35,0001 Gal. $2.42 $84,645.05 Total $84,645.05 AGENDA MEMORANDUM for the City Council Meeting of November 15, 2011 DATE: 11/15/2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 Mikeb @cctexas.com CAPTION: Purchase of a LiveScan booking station Motion approving the purchase of a LiveScan booking station and required components from 3M Cogent Systems, Inc. as an enhancement to the Corpus Christi Police Department's existing Automated Fingerprint Identification System for a total amount of $85,613. Funds are budgeted and available in the 2010 State Homeland Security Program -Law Enforcement Terrorism Prevention Activity fund, acquired through the 2010 Homeland Security Grant Program, BACKGROUND AND FINDINGS: The specialized equipment purchase is an enhancement to the Police Department's "Expanded Automated Fingerprint Identification System (AFIS) with Mobile Fingerprint Matching Capacity" project. The equipment includes a LiveScan booking station, printer, interface, biometric login, mobile ID server and client license. The first of three project goals is to increase the number of offender fingerprints that populate the current AFIS, thereby, increasing the searchable database for offender and crime scene fingerprints. The second goal of the project is to improve area law enforcement officer safety. By providing cost - effective, cutting edge fingerprint matching units in police vehicles, field officers can immediately match suspects with known offenders and safely manage potentially dangerous situations. Finally, crime scene investigations will be improved by strengthening and expanding the region's capacity to match latent finger and palm print evidence collected at crime scenes with known offenders. As all regional partners have free access to AFIS data, implementation positively impacts the ability to identify and enforce actions involving all repeat offenders, particularly those involved in drugs, alcohol, gangs and weapons violations. ALTERNATIVES: The 3M Cogent customized software contains proprietary trade secret information embodied in source code, which is never publicly disclosed, making it the sole source provider of the equipment. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. _29- EMERGENCY /NON- EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Police Department Fire Department FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $311,613.00 $0 $311,613.00 Encumbered / Expended Amount 226,000 0 226,000 This item 85,613.00 0 85,613.00 BALANCE _ .$0 $0 $0 Fund(s): HSGP 10 -12 SHSP -LETPA Comments: The cost of the equipment is $85,613. The HSGP 10-12 SHSP- LETPA organization has $311,613 allocated for the Homeland Security Grant Program. Projects must be complete and submitted to the State for reimbursement by July 31, 2012. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Pricing sheet attached. Approvals: Brian Narvaez, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager PRICING SHEET: BI- 0175 -11 LIVESCAN BOOKING STATION CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: SAVANNAH CRUZ COUNCIL DATE: NOVEMBER 15, 2011 3M Cogent Systems, Inc. Pasadena, CA Unit Extended Price Price Description Qty. CS500p Cabinet Livescan, 110V Printer Duplexer Black and White Livescan Interface Biometric Login- Finger or Face (Includes Webcam or Sensor) Region Mobile ID Server- Includes up to 100 connections BlueCheck II with WebID Client License 1 1 1 1 1 19 Unit each $ 17,108.00 $17,108.00 each $ 1,200.00 $1,200.00 each $ 1,500.00 $1,500.00 each $ 1,200.00 $1,200.00 each $ 34,300.00 $34,300.00 each $ 1,595.00 $30,305.00 TOTAL: $85.613.OQ 5 DATE: TO: Ronald L. Olson, City Manager AGENDA MEMORANDUM for the City Council Meeting of November 15, 2011 November 15, 2011 FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361 -826 -3169 Emergency Medical Services (EMS) Billing and Collection Services CAPTION: Motion approving a service agreement with ACS State & Local Solutions, Inc, Dallas, Texas for EMS Billing and Collection Services in accordance with the State of Texas Department of Information Resources (DIR) cooperative purchasing agreement for an estimated annual expenditure of $396,800 of which $264,533 is required for FY 2011/2012. The term of the contract will be for one year with two automatic extensions and an option to extend the agreement for up to two additional twelve month periods subject to the agreement of the contractor and the City Manager or designee. Funds have been budgeted by the Fire Department in FY 2011/2012. BACKGROUND AND FINDINGS: The contractor will capture data entered by paramedics in the field for emergency medical services provided during ambulance emergency calls. The data will be downloaded into the contractor's billing system which will generate a bill to the responsible party. The contractor will provide twelve new Panasonic Toughbook laptop computers, load software onto the laptops, host the data on a web based server at a remote location, issue bills to ambulance customers and deposit funds collected into the City's account on a weekly basis. ALTERNATIVES: The decision to utilize the DIR cooperative contract in lieu of issuing a City bid was based on 1) the need to expedite establishing a new contract 2) the pricing structure offered under the DIR cooperative contract and 3) the qualifications and experience of the chosen contractor. OTHER CONSIDERATIONS: The pricing model used under the contract is based on an incentive type agreement which provides for an increased fee as the revenue collected is increased. The fee starts at 6.4% for all revenue collected up to $6,200,000 annually and increases incrementally up to a 7% cap for revenue collected in excess of $7,200,000 annually. —35— CONFORMITY TO CITY POLICY: The award conforms to all the City policies and State statutes governing procurement. EMERGENCY! NON-EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Fire Department FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense ❑ Revenue ❑ CIP Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP) Current Year • Future Years • TOTALS Budget $420,000.00 $132,267 $552,267.00 Encumbered / Expended Amount 31,965.67 31,965.67 This item _ 264,533.00 132,267 396,800.00 BALANCE $123,501.33 0 $123,501.33 Fund(s) :1020 Comments: Funds to support this contract are generated from the fees collected by the contractor. The estimated expenditure shown is based on a fee of 6.4% and annual revenue of $6,200,000. RECOMMENDATION: Staff recommends award of the contract as submitted. LIST OF SUPPORTING DOCUMENTS: Contract Approvals: Brian Narvaez, Assistant City Attorney Constance Sanchez, Interim Director of Finance Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager PURCHASE ORDER FOR EMERGENCY MEDICAL SERVICE BETWEEN ACS STATE & LOCAL SOLUTIONS, INC AND THE CITY OF CORPUS CHRISTI, TEXAS PURSUANT TO DIR CONTRACT No. DIR -SDD -1647 A. Parties This Purchase Order is entered into by the City of Corpus Christi, Texas ( "City"), with its principal place of business at 1201 Leopard Street, Corpus Christi, Texas 78401, and ACS State & Local Solutions, Inc. ( "Vendor "), with a place of business at 2828 North Haskell, Dallas, Texas 75204. B. Compliance with Procurement Laws This Purchase Order is entered into as a result of compliance with applicable procurement laws of the State of Texas pursuant to the Contract for Products and Related Services between the State of Texas, Department of information Services and Vendor, DIR Contract No. DIR- SDD -1647 (as amended to date, the "DIR. Contract. ") C. Services Vendor shall provide to the City all of the services as described in the Statement of Work in Exhibit A to this Purchase Order ( "SOW"). As required by Section 3.B. of the DIR Contract, the services in the SOW are included in those specified in the DIR Contract, Appendix C, Pricing Index, entitled "Emergency Medical Service (EMS)." The SOW also specifies some of the City's additional responsibilities under this Purchase Order and certain provisions regarding equipment. D. Pricing Pricing is set forth in Exhibit B to this Purchase Order ( "Pricing "). The parties acknowledge that the Pricing complies with Sections 4 and 5 of the DIR Contract. E. Business Associate Agreement City and Vendor agree to comply with the terms of Exhibit C, Business Associate Agreement. F. Term.. . This Purchase Order shall become effective as of December 1, 2011, and shall terminate on the date which is one year later ( "Anniversary Date "). This Purchase Order will automatically extend on the Anniversary Date for two (2) consecutive twelve month periods. At the end of the three (3) twelve month periods, the City shall have the option to extend this Purchase Order for up to two (2) additional twelve 1 -37- month periods subject to the approval of the Vendor and the City Manager or designee, unless otherwise sooner terminated as provided in the DIR Contract ( "Term "). This Purchase Order may be canceled with or without cause by the City upon ninety (90) days' written notice. G. Order of Precedence In the event of a conflict between this Purchase Order and the documents listed in the Order of Precedence in Section IC of the DIR Contract, the controlling document shall be this Purchase Order, then the DIR Contract, then the remaining documents as listed in such section. H. Notices Notices in relation to this Purchase Order shall be sent to: City: City of Corpus Christi, Texas 1201 Leopard Street Corpus Christi, Texas 78401 Vendor: ACS State & Local Solutions, Inc. 8260 Willow Oaks Corporate Drive Fairfax, VA 22031 Attention: Managing Director, LGS/PSJS With a copy to: ACS State & Local Solutions, Inc. 8260 Willow Oaks Corporate Drive Fairfax, VA 22031 Attention: GSG Contracts H. Signatories The undersigned signatories represent and warrant that they have full authority to enter into this Purchase Order on behalf of their respective parties named below. City: Vendor: The City of Corpus Christi, Texas ACS State & Local Solutions, Inc. By: B Y- y Name: Name: LOUIS J. S CHIAV ONE, JR. Title: Vice President, Public Safety & Justice Date: October 20, 2011 Title: Date: Approved as to form- /6 -'27 -za f, 2 L Brian Narvaez Assistant City Attofnev -38- EXHIBIT A STATEMENT OF WORK DEFINITIONS For the purposes of this Exhibit A, the following definitions apply: "Transport" means the conveyance of an EMS Patient by the City's Fire Department ambulance to a receiving hospital. "Non- Transport" is defined by responses to 911 calls, where the City's emergency response personnel provide services, but do not transport the patient to the hospital for any reason. I. SERVICES Vendor will provide Billing and Collections Processes, Customer Service, and Reporting (collectively, the "Services ") during the Term. Vendor will provide the majority of the Services from a facility located in Houston, Texas. Some project support may also be provided by staffing based out of Vendor's billing office located in Philadelphia, Pennsylvania. A. BILLING AND COLLECTION PROCESSES Vendor will provide billing and collection services for Transports and associated fees (designated by the City) charged to a patient (or patient's responsible party) who received medical transportation services provided by the City. For Billing Services, Vendor will: • Provide an interface to the City's existing ePCR software in order to receive patient data electronically. • Receive and process for payment the claim information generated and submitted by the City to Vendor. • Collect missing patient insurance information either directly from patients or using Electronic Data Interface (EDIs) exchanges with local hospitals. • Send multiple written requests (up to three (3) mailed notices) to patients requesting insurance information, and if necessary, follow up with personal phone calls. • Generate insurance forms and file claims with third party payers or other financially responsible parties on behalf of the City. • Vendor will also initiate billing and collection efforts for the City's existing Non - Transport fees on all appropriate responses, as established by local ordinance. Maintain electronic data interchanges 3 -39- ( "EDIs ") with payers and facilities using the City's existing EDIs_ and work with the City to develop additional EDIs to expedite claim filing process. • Deposit gross receipts from transport fees into the City's lockbox facility or bank account. • Prepare and submit refund requests to the City in the case of a payer or patient overpayment, including all backup documentation pertaining to the request. • Arrange modified payment schedules for individuals unable to pay full amount when billed. For Collection Services, Vendor will: • Collect bad debts (defined as City's existing debts which are uncollected after 120 days), conducting the following activities: o Perform account sweeps o Send additional notices on unresponsive accounts o Revise notice streams to change the timing and/or wording of patient mailings o Make out -bound phone calls to patients or responsible parties to obtain insurance information or establish payment plans for self -pay patients o Conduct skip tracing by submitting accounts for national change of address (NCOA) processing o Report uncollected accounts to credit bureaus if desired by the City and notified to Vendor • Establish a write -off policy consistent with the City's current policy • Establish a program to review and act upon any existing unpaid claims. E. CUSTOMER SERVICE Vendor will: • Maintain an appropriate level of staffing that is dedicated to the Services provided under this Purchase Order. • Provide a local or toll-free telephone number for patients and payers with billing inquiries or complaints. Customer services staff will be available from 8:30 a.m. to 5:00 p.m. (Local Time) Monday through Friday, excluding Vendor holidays. Provide a high level of quality customer service to patients both via phone and in writing. • Use reasonable commercial efforts to respond within one (1) business day to written and telephone payer or patient inquiries and complaints regarding the Billing and Collection Processes. • Maintain, for a maximum of three (3) years after the termination or expiration of this Purchase Order, records with basic summary information of inquiries and complaints. 4 -40- • Process insurance information for patients and service information for payers. • Elicit additional information to re- submit claims that resulted in eligibility denials. • Receive and follow up on denials or requests for medical record documentation. • Refer to the City any complaints or commendations about patient quality of care provided during transports. C. REPORTING For Reporting services, Vendor will: • Provide regular reports to the City including, but not limited to, financial daily deposit, daily Transport application, reconciliation information, and monthly collection totals. Reports will be provided electronically whenever possible to minimize paper consumption. • Maintain, for a maximum of three (3) years after the termination or expiration of this Purchase Order, copies of reports provided to the City by Vendor. • Provide custom reports and/or additional reporting capabilities to the City, at fees to be agreed. • Provide all required reports to the State of Texas Trauma Registry, on a monthly basis. • Will provide access (via web), to electronic copies of both ePCR and billing records. II. CITY RESPONSIBILITIES City will: • Provide Vendor with data and required authorizations, including signatures, of sufficient quality and accuracy for Vendor to generate billable claims for Transports conducted and to provide the other Services. • Provide one main Point of Contact for program communications and decisions, • Provide prompt and timely payment to Vendor as set forth in Exhibit B and in accordance with the DIR Contract. III. EQUIPMENT Vendor will: • Provide City with twelve (12) new Panasonic Toughbook mobile tablet computers to be used by the City's medics for data collection in the field during the Term of this Purchase Order ( "Equipment "). • In the event the City terminates this Purchase Order before the end of the Term, then as termination costs the City shall pay Vendor the then- current fair market value of the Equipment. In consideration for the City's payment of these termination costs, Vendor shall transfer title to the Equipment and assign all related software licenses and software warranties to the City, but only to the extent 5 —41— permitted by any third party vendors. Vendor provides no further warranties than those warranties which Vendor is able to pass through to the City. The City's termination costs at the expiration of this Purchase Order at the end of the Term are $1.00. • Vendor will work with the City to establish an interface with the City's PRC- provided CAD and the EmergiData ePCR system for CAD messaging delivery and reconciliation. The cost of providing this solution is included as part of the contingency fee charged the City on a monthly basis during the term of the contract. 6 -42- EXHIBIT B PRICING Subject to all the terms and conditions of this Purchase Order and the DIR Contract, City agrees to pay Vendor in accordance with this Exhibit B. Definitions For the purposes of this Exhibit B, the following definitions apply: "Cumulative Gross Revenue Collections" means the total amount of cash collections received by Vendor during a particular contract year which are posted to the bank account designated by the City, regardless of the date of service on which a Transport or Non - Transport response occurred. "Monthly Gross Revenue Collections" means the total amount of cash collections received by Vendor during a calendar month which are posted to the bank account designated by the City, regardless of the date of service on which a Transport or Non - Transport response occurred. "Non- Transport" is defined by responses to 911 calls, where the City's emergency response personnel provide services, but do not transport the patient to the hospital for any reason. The City currently has an established "Non- Transport" fee and expects the Vendor to bill and collect for these response services. "Transport" means the conveyance of an EMS Patient by the City's Fire Department ambulance to a receiving hospital. Fees The City shall pay Vendor a monthly contingency fee in arrears. Until Vendor has achieved $6,200,000.00 of Cumulative Gross Revenue Collections in a given contract year, City shall pay Vendor a monthly contingency equal to 6.40% of the Monthly Gross Revenue Collections. For example, if in month one of a given contract year, Vendor's Monthly Gross Revenue Collections are $1,000,000.00, City shall pay Vendor a monthly contingency fee of $64,000.00 ($1,000,000.00 of Monthly Gross Revenue Collections X 6.40% contingency fee). Once Vendor has achieved $6,200,000.00 of Cumulative Gross Revenue Collections in a given contract year, for each additional dollar of Cumulative Gross Revenue Collections collected above $6,200,000.00, City shall pay Vendor an increased contingency fee in accordance with the table below: Cumulative Gross Revenue Collections Contingency fee $0 - $6,200,000.00 6.40% $6,200,000.01 - $6,500,000.00 6.50% $6,500,000.01 - $7,200,000.00 6.75% $7,200,000.01 and higher _ 7.00% For example, if in month six of a given contract year, Vendor's Monthly Gross Revenue Collections are $1,000,000.00, and at the end of such month six, Vendor's Cumulative Gross Revenue Collections for the contract year to date is $6,500,000.00, then City would pay Vendor the following sum: 7 —43— Payment to Vendor: $64,300.00 Calculation of payment to Vendor: $64,300.00 = 6.40% x $700,000.00 + 6.50% x $300,000.00 $700,000.00 = $6,200,000.00 minus $5,500,000.00 Cumulative Gross Revenue Collections for months one through five. $300,000.00 = Remaining amount of Cumulative Gross Revenue Collections for month six above $6,200,000.00. In other words, Vendor is paid a contingency fee of 6.40% on each dollar of Cumulative Gross Revenue Collections until the amount of $6,200,000.00 is reached. Once $6,200,000.00 is reached, Vendor is paid a contingency fee of 6.50% on each additional dollar of Cumulative Gross Revenue Collections until Cumulative Gross Revenue Collections reaches $6,500,000.00. The same rules apply to the next two increased contingency fee rates set forth in the table above. Once Cumulative Gross Revenue Collections reach $6,500,000.00, City shall pay Vendor a contingency fee of 6.75% on each additional dollar of Cumulative Gross Revenue Collections until the amount of $7,200,000.00 is reached. Once Cumulative Gross Revenue Collections exceed $7,200,000.00, then City shall pay Vendor a contingency fee of 7.00% on each additional dollar of Cumulative Gross Revenue Collections. For example, if Vendor has Monthly Gross Revenue Collections of $100,000.00 in month twelve of a given contract year, and at the end of such month twelve Vendor's Cumulative Gross Revenue Collections is $8,100,000.00, then City shall pay Vendor a monthly contingency fee of $7,000.00 (7.00% x $100,000.00). The contingency fee described in this Exhibit B includes the 0.5% MR Administrative Fee required under Section 5 of the State of Texas Department of Information Resources Contract for Products and Related Services, dated as of March 3, 2011, between ACS State & Local Solutions, Inc., and the State of Texas, acting by and through the Department of Information Resources. Medicaid Claims Notwithstanding any other provision of this Purchase Order, Vendor shall not receive any compensation from the City for preparing or submitting Medicaid claims arising from Transports so long as ACS State Healthcare, LLC remains the Medicaid Claims Processor for the State of Texas. In the event that ACS State Healthcare, LLC no longer processes Medicaid claims for the State of Texas, Vendor shall notify City in writing of the date on which ACS State Healthcare, LLC no longer provides Medicaid claims processing for the State of Texas, and Vendor may immediately after such date include Monthly Gross Revenue Collections received from Medicaid claims for determining the amount of the contingency fee paid to Vendor. 8 -44- EXHIBIT C BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement ( "this Agreement ") is effective as of December 1, 2011 (the "Effective Date ") by and between the City of Corpus Christi, Texas ( "Covered Entity") and ACS State & Local Solutions, Inc. ( "Business Associate "). Individually, Covered Entity and Business Associate are referred to as a "Party" and collectively "Parties ". This Agreement supplements and is made a part of the underlying services agreement between Covered Entity and Business Associate (the "Services Agreement ") pursuant to which Business Associate will perform specified services for and on behalf of Covered Entity. Covered Entity and Business Associate intend to protect the privacy and provide for the security of Protected Health Information ( "PHI") disclosed to Business Associate pursuant to this Agreement and the Services Agreement, in compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104 -191 ( "HIPAA ") and regulations promulgated thereunder including the Standards for Privacy of Individually Identifiable Health Information at Title 45, Parts 160 and 164 of the Code of Federal Regulations ( "C.F.R. ") ( "Privacy Rule ") and the Security Standards for the Protection of Electronic Protected Health Information at 45 C.F.R. Parts 160 and 164 ( "Security Rule "), and the requirements of the Health Information Technology for Economic and Clinical Health Act, as incorporated in the American Recovery and Reinvestment Act of 2009, that relate to the obligations of Covered Entities and Business Associates for PHI (the "HITECH Act "). All capitalized terms in this Agreement that are not defined in this Agreement will have the meaning ascribed to those terms by 45 C.F.R. Parts 160 -164. A. PRIVACY AND SECURITY OF PROTECTED HEALTH INFORMATION 1. Permitted and Required Uses and Disclosures. Business Associate is permitted or required to Use or Disclose Protected Health Information ( "PHI") it creates or receives for or from Covered Entity as follows: a) Functions and Activities on Covered Entity's Behalf. Business Associate is permitted to request, Use and Disclose PHI it creates or receives for or from Covered Entity (or another business associate of Covered Entity), consistent with HIPAA and the HITECH Act, only as described in this Agreement, the Services Agreement or other agreements during their term that may exist between Covered Entity and Business Associate. b) Business Associate's Operations. Business Associate may Use PHI it creates or receives for or from Covered Entity as necessary for Business Associate's proper management and administration or to carry out Business Associate's legal responsibilities. Business Associate may disclose such PHI as necessary for Business Associate's proper management and administration or to carry out Business Associate's legal responsibilities only if: (i) The Disclosure is Required by Law; or (ii) Business Associate obtains reasonable assurance from any person or organisation to which Business Associate will disclose such PHI that the person or organization will (a) hold such PHI in confidence and Use or further Disclose it only for the purpose for which Business Associate disclosed it to the person or organization or as Required by Law; and (b) notify Business 9 —45— Associate (who will in tum promptly notify Covered Entity) of any instance of which the person or organization becomes aware in which the confidentiality of such PHI was breached. c) Data Aggregation Services. Except as otherwise prohibited by this Agreement, Business Associate may use PHI to provide data aggregation services relating to the health care operations of Covered Entity. d) Minimum Necessary and Limited Data Set. Each Party agrees to limit, to the extent practicable and except as permitted by 45 C.F.R. § 1 64.502(b)(2), its Use, Disclosure and requests of PHI under the Services Agreement to a Limited Data Set (as defined in 45 C.F.R. § 164.514(e)(2)) or, if needed by a Party, to the minimum necessary PHI to accomplish the intended purpose of such Use, Disclosure or request. This provision will cease to apply on the effective date of guidance issued by the Secretary in accordance with HITECH § 13405(b)(l)(C). e) Prohibitions on Unauthorized Use or Disclosure. Business Associate will neither Use nor Disclose Covered Entity's PHI it creates or receives from Covered Entity except as permitted or required by this Agreement, as Required by Law, or as otherwise permitted in writing by Covered Entity. 2. Subcontractors and Agents. Business Associate will require any of its subcontractors and agents to provide reasonable assurance, evidenced by written contract, that subcontractor or agent will comply with the same privacy and security obligations with respect to such PHI that are applicable to Business Associate under this Agreement. 3. Information Safeguards. a) Privacy of Covered Entity's Protected Health Information. Business Associate will implement, maintain, and use appropriate administrative, technical, and physical safeguards to protect the privacy of Covered Entity's PHI. The safeguards will reasonably protect such PHI from any Use or Disclosure in violation .. of the Privacy Rule and this Agreement, and - .limit. - incidental Uses or Disclosures made pursuant to a Use or Disclosure otherwise permitted by this Agreement. b) Security of Covered Entity's Electronic Protected Health Information. Business Associate will implement, maintain, and use administrative, technical, and physical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of Electronic Protected Health Information that Business Associate creates, receives, maintains, or transmits on Covered Entity's behalf as required by the Security Rule and the HITECH Act. Business Associate also will implement policies and procedures and meet the Security Rule documentation requirements as required by the HITECH Act. 4. Mitigation. Business Associate will mitigate and establish procedures for mitigating, to the extent reasonably practicable, any harmful effect known to Business Associate of a Use or Disclosure of PHI by Business Associate in violation of the requirements of this Agreement or, as applicable, the Privacy Rule and/or the Security Rule. Business Associate will (i) take prompt corrective action to cure any deficiencies; (ii) assist Covered Entity in mitigating any harm caused by such impermissible Use or Disclosure; and (iii) take any action pertaining to such unauthorized Disclosure required by applicable law. 5. Obligations of Covered Entity. 10 -46- a) To the extent that such limitations may affect Business Associate's Use or Disclosure of PHI, Covered Entity will notify Business Associate of (i-) any limitations in Covered Entity's notice of privacy practices that Covered Entity produces in accordance with 45 C.F.R. 164.520, as well as any changes to that notice, (ii) any changes in, or revocation of, permission by Individual to use or disclose PHI, and (iii) any restriction to the Use or Disclosure of Protected Health Information that Covered Entity has agreed to in accordance with 45 C.F.R. 164.522. b) Covered Entity will not request Business Associate to Use or Disclose PHI in any manner that would not be permissible under HIPAA or the HTTECH Act or any regulations applicable to Covered Entity, if done by Covered Entity. B. PHI ACCESS, AMENDMENT AND DISCLOSURE ACCOUNTING 1. Access. Upon Covered Entity's request Business Associate will promptly make available to Covered Entity for inspection and obtaining copies any PHI about an Individual which Business Associate created or received for or from Covered Entity and that is in Business Associate's custody or control, so that Covered Entity may meet its access obligations pursuant to 45 C.F.R. 164.524 and, where applicable, the HITECH Act. 2. Amendment of PHI. Business Associate will, upon receipt of notice from. Covered Entity, promptly amend or permit Covered Entity access to amend any portion of the PHI in a Designated Record Set which Business Associate created or received for or from Covered Entity so that Covered Entity may meet its obligations pursuant to 45 C.F.R. 164.526. Business Associate will not respond directly to an Individual's request for an amendment of their PHI. Business Associate will refer the Individual to Covered Entity so that Covered Entity can coordinate and prepare a timely response to the Individual. 3. Disclosure Accounting. Business Associate agrees to document such Disclosures of PHI and any information related to such Disclosures as would be required for Covered Entity to respond to a request by an individual for an accounting of Disclosures of PHI by Business Associate in accordance with 45 C.F.R. § 164.528 and other applicable regulations. Upon request from Covered Entity, Business Associate will provide to Covered Entity Disclosure information that will contain the following: (i) the Disclosure date, (ii) the name and (if known) address of the person or entity to whom Business Associate made the Disclosure, (iii) a brief description of the P111 disclosed, and (iv) a brief statement of the purpose of the Disclosure (items i -iv, collectively, the "Disclosure information "). For repetitive Disclosures Business Associate makes to the same person or entity (including Covered Entity) for a single purpose, Business Associate may provide (x) the Disclosure information for the first of these repetitive Disclosures, (y) the frequency, periodicity or number of these repetitive Disclosures and (z) the date of the last of these repetitive Disclosures. The Disclosure information will be furnished in a time and manner reasonably designated by Covered Entity, but in no event will such submission occur later than at a time and date which will allow Covered Entity to respond within the time limit set forth in the applicable regulations, provided that Covered Entity will promptly notify Business Associate upon receipt by Covered Entity of any such request. 4. Restrictions on Use or Disclosure. Business Associate will comply with any agreement Covered Entity reasonably makes that, consistent with the Agreement, restricts Use or Disclosure of Covered Entity's PHI pursuant to 45 C.F.R. § 164.522(a), provided that Covered Entity notifies Business Associate in writing of the restriction obligations. 5. Inspection of Books and Records. Business Associate will make its internal practices, books, and records relating to the Use and Disclosure of PHI received from Covered Entity (or created or 11 _47_ received by Business Associate on behalf of Covered Entity) available to the Secretary of the United States Department of Health and Human Services, for purposes of determining Covered Entity's compliance with 45 C.R.R. Parts 160 -164. Unless the Secretary directs otherwise, Business Associate will promptly notify Covered Entity of Business Associate's receipt of such request, so that Covered Entity can assist in compliance with that request. C. REPORTING BREACH OF PRIVACY AND SECURITY INCIDENTS. 1. Privacy Breach. Business Associate will report to Covered Entity any Use or Disclosure of Covered Entity's PHI not permitted by this Agreement or in writing by Covered Entity. In addition, Business Associate will report to Covered Entity any Breach of Unsecured PHI without unreasonable delay but in no event later than 30 days following Discovery of a Breach. Business Associate will cooperate with Covered Entity in investigating the Breach and in meeting Covered Entity's obligations under the HITECH Act and any other security breach notification laws. Any such report will include: i) Nature of the non - permitted Use or Disclosure, including the date of the Breach and the date of Discovery of the Breach; ii) Covered Entity's PHI Used or Disclosed as part of the Breach; iii) Who was responsible for the Breach and who received the non - permitted Disclosure; iv) Corrective action taken or to be taken to prevent further non - permitted Uses or Disclosures; v) Efforts to mitigate any deleterious effect of the non permitted Use or Disclosure; and vi) Such other information as Covered Entity may reasonably request. 2. Security Incidents. Business Associate will report to Covered Entity promptly any attempted or successful Security Incident affecting Covered Entity's Electronic PHI of which Business Associate becomes aware. To avoid unnecessary burden on either Party, Business Associate will only report attempted but unsuccessful Security Incidents which Business Associate becomes aware of in accordance with a schedule mutually acceptable to the Parties and provided that any reporting shall be made no more often than is reasonable based upon the relevant facts, circumstances and industry. D. TERM AND TERMINATION 1. Term. This Agreement shall be effective as of the Effective Date and shall continue unless or until the Agreement is terminated in accordance with the provisions of Section 2 below, or the Underlying Agreement between the parties terminates. 2. Right to Terminate for Breach. Either Party may terminate this Agreement if the other Party ( "breaching Party") has breached any material provision of this Agreement and, upon written notice from the non-breaching Party specifying the material breach, fails to cure the breach within 30 days after receipt of the notice. If the material breach is not cured within that period, the non breaching Party may exercise the right to terminate this Agreement by providing the breaching Party written notice of termination. Any such termination will be effective immediately or at such other date specified in the non - breaching Party's notice of termination. If the non - breaching Party determines that termination of this Agreement is not feasible, the non - breaching Party may report such breach to the U.S. Department of Health and Human Services. 3. Obligations upon Termination. Upon termination, cancellation, expiration or other conclusion of this Agreement, Business Associate will if feasible return to Covered Entity or destroy all PHI, in whatever form or medium that Business Associate created or received for or from Company and still within Business Associates custody and control. Business Associate will complete such return or destruction as promptly as possible, but not later than 30 days after the effective date of the 12 -48- termination, cancellation, expiration or other conclusion of this Agreement. Business Associate will destroy all PHI in accordance with any guidance set forth by the Secretary of HHS and/or any other government agency or other entity to whom HIS delegates such authority. Business Associate will identify any PHI that Business Associate created or received for or from Company that cannot feasibly be returned to Covered Entity or destroyed, and will limit its further Use or Disclosure of that PHI to those purposes that make return or destruction of that PHI infeasible and will otherwise continue to protect the security any PHI that is maintained pursuant to the security provisions of this Agreement for so long as the PHI is maintained. E. COMPLIANCE WITH STANDARD TRANSACTIONS If the Services Agreement specified that Business Associate is to conduct Standard Transactions for or on behalf of Covered Entity, Business Associate will comply, and will require any subcontractor or agent involved with the conduct of such Standard Transactions to comply, with each applicable requirement of 45 C.F.R. Part 162 for which HHS has established Standards. F. GENERAL PROVISIONS. 1. A reement Amendment. To ensure compliance with changes in laws or regulations with respect to the security and privacy of PHI, the Parties agree to promptly amend the terms of this Agreement to conform to any applicable change in law or regulation issued by the U.S. Department of Health. and Human Services. 2. Interpretation. Any ambiguity in this Agreement will be resolved to permit Covered Entity and Business Associate to comply with the Privacy and Security Rules. In the event of any inconsistency or conflict between this Agreement and any other agreement between the Parties, the terms, provisions and conditions of this Agreement will govern and control. 3. No Third Party Beneficiary. Nothing express or implied in this Agreement is intended to confer, nor will anything herein confer, upon any person other than the Parties and the permitted respective successors or assigns of the Parties, any rights, remedies, obligations, or liabilities whatsoever. 4. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the jurisdiction designated in the Services Agreement. IN WITNESS WHEREOF, the Parties have hereto by their duly authorized representatives executed this Agreement. Covered Entity Business Associate By: Signature Printed Name Title Approved as to form: P0 -27 -z° 11 B��� 13 By L. Brian Narvaez -49- Assistant City Attorney For City Attorney By: �-,- Signature Louis J. Schiavone, Jr. Printed Name Vice President, ACS Public Safety & Justice Title October 20, 2011 Date Date 6 DATE: TO AGENDA MEMORANDUM for the City Council Meeting of November 15, 2011 11/15/2011 Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361 -826 -3169 Lease purchase of three (3) transfer trailers CAPTION: Motion approving the lease purchase of three (3) transfer trailers from Rush Truck Centers of Texas, Inc., of Houston, Texas in the amount of $228,819.00, of which $16,344.84 is required for FY2011 -2012. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The transfer trailers will be used by Solid Waste Operations. Funds for the lease purchase of the transfer trailers will be provided through the City's lease /financing program. BACKGROUND AND FINDINGS: The three (3) transfer trailers will be used by Solid Waste Operations to transfer waste deposited at the transfer station to the Cefe Valenzuela Landfill for final disposal. One (1) unit is replacement of a damaged trailer and two (2) are additions to the fleet. Currently, the City utilizes five (5) transfer trailers for daily operations. The damaged unit will be taken out of service and sold at public auction, while the two (2) additional units provide an upgrade to an aging fleet. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The transfer trailers will be funded for a sixty - month period with an estimated interest rate of 2.75%. The actual interest rate will be determined after acceptance of the trailers. The estimated annual payment is $49,034.52. Total estimated cost over the sixty -month period, including principal of $228,819.00 and interest of $16,353.60, is $245,172.60 CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY 1 NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Solid Waste Operations FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $488,941.08 $228,827.76 - $717,768.84 Encumbered ! Expended Amount 334,270.32 0.00 334,270.32 This item 16,344.84 228,827.76 245,172.60 BALANCE $138,325.92 0.00 $138,325.92 Fund(s): General Fund Comments: Lease payments are expected to commence on or about April 1, 2012. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Pricing sheet attached. Approvals: Brian Narvaez, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager PRICING SHEET: 3I- 0041 -12 LEASE PURCHASE OF TRANSFER TRAILERS CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: SAVANNAH CRUZ COUNCIL DATE: DECEMBER 13, 2011 Description Qty. Unit Rush Truck Centers of Texas, Inc. Houston, TX Unit Extended Price Price Warren "Push Out" Transfer Trailer TOTAL: 3 each $ 76,273.00 $228,819.00 $228 819.00 7 AGENDA MEMORANDUM for the City Council Meeting of November 15, 2011 DATE: 11/15/2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com 361 -826 -3169 Award of a supply agreement: Hot Tap Fittings (Bid Invitation No. BI- 0016 -12) CAPTION: RECOMMENDATION: Motion approving a supply agreement with TDW Services, Inc., Pasadena, TX, for hot tap fittings in accordance with Bid Invitation No. 61- 0016 -12 based on low bid for an estimated annual expenditure of $65,738.50 of which $43,825.67 is required for FY11/12. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or. designee. Funds have been budgeted by the Gas Department in FY 11/12. BACKGROUND AND FINDINGS: The fittings are used to tap into existing pressurized natural gas lines to block off a section of line in need of repair or to add an additional line for a new gas service. The options to extend the previous contract were exhausted. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The bid submitted by TDW Services, Inc., meets all of the City's bid requirements and also is the lowest price received. CONFORMITY TO CITY POLICY: This supply agreement conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Gas Department -59- FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line item Budget $338,630.60 $21,912.83 $360,543.43 Encumbered / Expended Amount 137,697.24 0.00 137,697.24 This item 43,825.67 21,912.83 65,738.50 BALANCE $157,107.69 0.00 $157,107.69 Fund(s): Gas Construction Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid tabulation attached. Approvals: Brian Narvaez, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager CITY OF CORPUS CHRISTI SENIOR BUYER: ELISA COVINGTON DATE 11/15/11 ITEM DESCRIPTION QTY UNIT 1.0 Control Fittings PURCHASING DIVISION BID TABULATION BID INVITATION NO. BI- 0016 -12 TDW SERVICES, INC. PASENDA, TX UNIT TOTAL PRICE PRICE M.T. DEASON COMPANY, INC. BIRMINGHAM, AL UNIT TOTAL PRICE PRICE EGW UTILITIES, INC. CARROLLTON, TX UNIT TOTAL PRICE PRICE 1.1 Control Fitting - 2" 200 each $30.79 $6,158,00 $33.13 $6,626.00 1.2 Control Fitting - 4" 40 each 207.21 8,288.40 267.67 10,706.80 1.3 Control Fitting - 6" 15 each 371.10 5 5� 66.50 428.45 6,426.75 1.4 Control Fitting - 8" 10 each 547.71 5,477.10 855.86 8,558.60 2.0 Three Way Stopple Tee Fittings 2.1 Three Way Stopple - 2" 180 each 62.05 11,169.00 82.56 14,860.80 2.2 Three Way Stopple - 4" 40 each 319.00 12,760.00 365.75 14,630.00 2.3 Three Way Stopple - 6" 15 each 516.42 7.746.30 705.38 10,580.70 2.4 Three Way Stopple - 8" 10 each 857.32 8,573.20 1,254.00 12,540.00 $34.79 $6,956.00 281.16 11,246.40 449.87 6,748.05 898.65 8,986.50 86.69 15, 604.20 384.04 15, 361.60 740.65 11,109.75 1,316.70 13,167.00 TOTAL: 65.738.50 $84,929.65 $89,181.50 8 AGENDA MEMORANDUM for the City Council Meeting of November 15, 2011 DATE: 11/15/2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Service mikeb @cctexas.com 361- 826 -3169 Lease purchase of two (2) ambulances CAPTION: RECOMMENDATION: Motion approving the lease purchase of two (2) ambulances from Knapp, Chevrolet, of Houston, Texas in the amount of $270,000 of which $19,286.44 is required for FY11112. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The ambulances will be used by the EMS Division of the Fire Department. Funds for the lease purchase of the ambulances will be provided through the city's lease /financing program. BACKGROUND AND FINDINGS: The two (2) ambulances will be used by the EMS Division of the Fire Department for emergency medical response services. These units are replacements to the fleet. Currently, the City operates nine frontline ambulances and five reserve units. These new units will replace two existing frontline ambulances which will be placed in reserve status. Two of the existing reserve units will be taken out of service and sold at public auction or transferred to another public agency. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The ambulances will be funded for a sixty -month period with an estimated interest rate of 2.75 %. The actual interest rate will be determined after acceptance of the ambulances. The estimated annual payment is $57,859.32. Total estimated cost over the sixty -month period, including principal of $270,000 and interest of $19,296.60, is $289,296.60 CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Fire Department -65- FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $200,496.60 270,010.16 $470,506.76 171,121.17 289,296.60 Encumbered Expended Amount 171,121.17 0.00 This item 19,286.44 270,010.16 BALANCE $ 10,088.99 0.00 $ 10,088.99 una(s): ienerai t-un Comments: Lease payments are expected to commence on or about April 1, 2012. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet attached. Approvals: Brian Narvaez, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager PRICE SHEET - HGAC CONTRACT NO. AM04 -10 LEASE PURCHASE OF AMBULANCES CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: ELISA COVINGTON COUNCIL DATE: NOVEMBER 15, 2011 KNAPP CHEVROLET HOUSTON, TX Unit Extended Price Price Description Qty. Unit 2012 Frazer Type 1, Ambulance, C3500 6.0 liter gas engine with air suspension package. TOTAL: 2 each $ 135,000.00 $270,000.00 5270,00 1,O0 9 TO: AGENDA MEMORANDUM for the City Council Meeting of November 15, 2011 iai2 DATE: 11/15/2011 Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361- 826 -3169 CAPTION: Purchase of specialized equipment (Bid Invitation No. BI- 0034 -12) RECOMMENDATION: Motion authorizing the purchase of specialized equipment for a total amount of $106,740.14 utilizing funds from the 2009 and 2010 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund 1062. BACKGROUND AND FINDINGS: On November 10, 2009 and November 16, 2010 the City Council approved to accept two grants from the Texas Department of Public Safety, Division of Emergency Management, Office of the Governor, to carry out designated homeland security activities as part of the 2009 and 2010 Homeland Security Grant Program. The funds are provided for projects to enable communities to better prepare for and respond to terrorist incidents. A need analysis has been conducted and specialized equipment has been identified. A bid has been secured for the specialized equipment totaling $106,740.14. The purchase of this specialized equipment requires Council approval due to the associated dollar amount. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: In order that the City comply with the State Purchasing Act and City ordinances relating to purchases, adoption of the motion is necessary in order to move forward with the proposed purchase. EMERGENCY / NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Fire Department FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $324,249.85 $0.00 $324,249.85 Encumbered / Expended Amount $0.00 0.00 $0.00 $0.00 This item $0.00 $106,740.14 $0.00 $106,740.14 BALANCE $0.00 $217,509.71 $0.00 $217,509.71 Fund(s): Fire Grant Fund 1062 Comments: The cost of the equipment is $106,740.14. The HSGP 09 -12 SHSP- LEAP organization has $132,135.85 allocated and the HSGP 10 -12 SHSP- LETPA organization has $192,114.00 allocated in for the Homeland Security Grant Program. The HSGP 09 -12 SHSP- LEAP project must be complete and submitted to the State for reimbursement by April 15, 2012. and the HSGP 10 -12 SHSP- LETPA project must be complete and submitted to the State by July 31, 2012. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Not applicable. Approvals: Brian Narvaez, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager 10 AGENDA MEMORANDUM for the City Council Meeting of November 15, 2011 DATE: 10/18/2011 TO: Ronald L. Olson, City Manager FROM: D. Troy Riggs Chief of Police Accepting a grant from the Target Corporation and appropriating funds CAPTION: A. Motion authorizing the City Manager or his designee to accept funding in the amount of $1,700 from the Target Corporation for the purchase of equipment to assist the Repeat Offender Program for the Police Department. B. Ordinance appropriating $1,700 in the General Fund No. 1020 from a grant from the Target Corporation for the purchase of equipment to assist the Repeat Offender Program for the Police Department; changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing revenue and expenditures in the General Fund No. 1020 by $1,700 each; and declaring an emergency. BACKGROUND AND FINDINGS: The Police Department has been awarded a law enforcement grant from Target in the amount of $1,700 for the purchase of a wireless camera, recorder, and supplies to assist the Repeat Offender Program. The program focuses on the small number of offenders who are committing the vast majority of property related crimes. The camera will be used for surveillance, recording crime scenes, documenting search warrants, and recording interviews /interrogations in locations outside the Police Department. The recorder will be used to record from the wireless camera. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval to accept the grant and appropriate the grant funds. EMERGENCY / NON-EMERGENCY: Emergency to meet grant deadlines. DEPARTMENTAL CLEARANCES: Finance — Grants management FINANCIAL IMPACT: Operating Expense —75— Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $1,700 $1,700 BALANCE $1.700 $1.700 Fund(s): Police General Fund Comments:C-lick here to enter text, RECOMMENDATION: Staff recommends acceptance of the grant and appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Deposit slip Approvals: Trisha Dang, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager CITY OF CORPUS CHRISTI CASH RECEIPT REPORT: Processed Pb.L Dept: Prepared/Reviewed by 142309 Ext: 4io 1.3 Bank Bag #: 073A830 * PAS; CODE ACCOUNT FUND ORG. PROJECT/ GRANT BUDGET YEAR AMOUNT REMARKS on 5 to30 117 239 .24-11 itIODIM le e*" • CASH VERIFICATION COUNT CURRENCY $ l OOs $ 50s $ 20s $ lOs $ 5s $ Is AMOUNT COIN . $0.50 $0.25 50.10 $0.05 $0.01 CASH SUBTOTAL CHECK TOTAL (include tape) SUBTOTAL CREDIT CARD (include tape) GRAND TOTAL * If you have inserted a 2 -digit Payment Code in the first column, leave the remaining columns blank. If you have not inserted a Payment Code in the first column, you must complete the remaining columns. (I.e., Account, Fund, Org., Project/Grant, Budget Year, Amount, and Remarks. WHITE/YELLOW — CENTRAL CASHIERING PINK — DEPARTMENT COPY GREEN — PERMANENT FILE COPY Revised 11/01/99 _77_ $ $0n. $ $ gd10O.Q ORDINANCE APPROPRIATING $1,700 IN THE GENERAL FUND NO. 1020 FROM A GRANT FROM THE TARGET CORPORATION FOR THE PURCHASE OF EQUIPMENT TO ASSIST THE REPEAT OFFENDER PROGRAM FOR THE POLICE DEPARTMENT; CHANGING THE FY 2011 -2012 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 029155 BY INCREASING REVENUE AND EXPENDITURES IN THE GENERAL FUND NO. 1020 BY $1,700 EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $1,700 is appropriated in the General Fund No. 1020 from a Grant from the Target Corporation for the purchase of equipment to assist the Repeat Offender Program for the Police Department; changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing revenue and expenditures in the General Fund No. 1020 by $1,700 each; and declaring an emergency. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of November 2011. ATTEST: THE CITY OF CORPUS, CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: October 19, 2011 T. Tr Dang Assistant City Attorney For City Attorney 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 11 City of _ Corpus — Christi % wrr AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: October 17, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director Cc. MichaelMocc cctexas.com 361- 826 -3464 Lease agreement with Festival of the Arts for the Merriman Bobys House at Heritage Park PURPOSE: A. Ordinance authorizing the City Manager or designee to execute a lease with Festival of the Arts for the Merriman Bobys House in Heritage Park for one year term with an option to renew annually for two years with rent of $600 per month; and declaring an emergency. B. Ordinance appropriating $4,800 of anticipated rental income, from the lease of the Merriman Bobys House in Heritage Park to the Festival of the Arts, in the No. 4710 Visitor's Facility Fund for the maintenance of Heritage Park facilities; changing the FY 2011 -2012 Operating Budget adopted July 26, 2011 by Ordinance No. 029155, by increasing revenues and expenditures by $4,800 each; and declaring an emergency. BACKGROUND AND FINDINGS: The Merriman Bobys House has been vacant since 2009. Heritage Park provides non - profit and civic organizations the opportunity to lease available historic houses. ALTERNATIVES: Allow Merriman Bobys House to continue to sit vacant. OTHER CONSIDERATIONS: none FINANCIAL IMPACT: Maintenance of the houses at Heritage Park is partially supported through the lease payments of the tenants. Revenues for existing leases were budgeted for FY2012. This lease would provide additional monthly rental revenue of $600 for 8 months. ra Not Applicable © Operating Expense I Revenue ❑ CIP Fiscal Year: 2011 -2012 Project to date exp (CIP Only) Current Year Future Year TOTALS Budget Encumbered /Expended Amt. This item $4,800 $7,200 $12,000* Balance: *The revenue for the lease will budgeted for each future fiscal year included in the lease agreement. Page 2'of 2 RECOMMENDATION: Staff recommends approval of lease agreement. CONFORMITY TO CITY POLICY: City Council must authorize the City Manager to execute a contract or agreement for lease of City property. EMERGENCY/ NON - EMERGENCY: Emergency. DEPARTMENTAL CLEARANCES: Parks and Recreation LIST OF SUPPORTING DOCUMENTS: Attachment — Lease Agreement 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 LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND FESTIVAL OF THE ARTS STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: 1 This lease agreement ( "Lease ") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ( "City" or Lessor"), acting through its duly authorized City Manager, or his designee ( "City Manager"), and the Festival of the Arts ( "Lessee "). WHEREAS, the City owns the Merriman -Bobys House located in Heritage Park at 1 521 North Chaparral Street, Lots 5 and 6, Block 61, Beach Portion, Corpus Christi, Nueces County, Texas, together with all Improvements thereon; ( "Premises "); WHEREAS, Lessee has requested the use of the Premises for the purpose of office space for its operations as the Festival of the Arts, Inc. upon the conditions and covenants contained in this Lease; and, WHEREAS, City desires to allow Lessee to use the Premises for this purpose. NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and covenants contained herein, agree as follows: Section 1 Definitions. (A) City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation. (B) City Manager means the City's City Manager or the City Manager's designee. (C) Council means the City's City Council. (D) Director means the City's Director of Park and Recreation or the Director of Park and Recreation's designee. (E) Lease means this lease document, including all attached and incorporated exhibits. (F) Lessee means Festival of the Arts, Inc. (0) Parks means the City's Park and Recreation Department. 2 (H) Premises means Lots 5 and 6, Block 61, Beach Portion, Corpus Christi, Nueces County, commonly known as the Merriman -Bobys House, located at 1521 North Chaparral Street, in the City. (I) Risk Manager means the City's Director of Risk Management or the Director of Risk Management's designee. Section 2. Purpose. The purpose of this Lease, between City and Lessee, is to enable Lessee to utilize Premises for office space for its business operations. Lessee shall not operate the Premises for any other purpose without Director's prior written approval. Section 3. Term. The City leases the Premises, subject to all terms and conditions of this Lease, to the Lessee on a one year term beginning December 1, 2011, effective upon final City Council approval, unless sooner terminated as set out herein. This lease may be renewed for up to two additional one year terms upon written agreement of the Director and the Lessee Executive Director, at the same terms and conditions set forth herein. Section 4. Acceptance of Premises Disclaimer: A. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS AS MAY EXIST ON THE PREMISES, AND THAT NEITHER LESSOR, NOR ANY EMPLOYEE OR AGENT OF LESSOR, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE 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 OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS LEASE. B. LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE 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 LESSEE INTENDS TO USE THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. C. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE, IF ANY, ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY LESSOR WITH RESPECT THERETO. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION BY LESSOR WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON ITS EXAMINATION THEREOF. D. THE PROVISIONS OF THIS Section 4 SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. Section 5. Contact Person /Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director. Section 6. Lease Payments. (A) For and in consideration of the rights and privileges herein granted, Lessee agrees to pay the City, on a monthly basis, six hundred dollars per month. (B) All rental fees are due and payable on or before the 10th day of each month for the term of this Lease. Payment must be made to the order of the City of Corpus Christi and mailed to the City Collections Department, P. 0. Box 9257, Corpus Christi, TX, 78469, or delivered to City Hall at 1201 Leopard Street, Corpus Christi, TX, 78401. Section T. Quiet Enjoyment. Lessee shall have peaceful and uninterrupted possession of the Premises, subject to Lessee's payment of rent and Lessee's compliance with the terms of this Lease, except during City approved events at Heritage Park scheduled in accordance with Section 13 (B ) below, and maintenance at Heritage Park. Section 8. Parking. (A) Lessee is given, during the term of this Lease, the right to designate up to eight (8) parking spaces within the general parking area of Heritage Park. If Lessee chooses to designate the parking spaces, the Director shall determine and approve Lessee's method and manner of designation of the spaces. Lessee shall bear any and all expense associated with designation of the parking spaces. (B) (C) Lessee's designated parking spaces are for use during Lessee's hours of operation only. At all other times when Lessee is not open under normal operating hours, any member of the public can utilize the designated parking spaces. Lessee's designated parking spaces are for use by passenger vehicles only and must not be unreasonably utilized for purposes, such as loading and unloading of equipment or supplies, by Lessee or Lessee's vendors or suppliers. Section 9. Utilities. (A) It is understood by and between the parties that scheduled, regular garbage collection service is available to the Premises and that the provision of this service shall be the responsibility of Parks under the City's present Heritage Park maintenance program. 4. (B) The cost to Lessee, for the provision of garbage collection service by the City, is included and made a part of Lessee's monthly lease payment. (C) Lessee shall deposit, or cause to be deposited, all garbage and debris generated at the Premises into the garbage dumpster provided by City at the Premises. Any garbage needs Lessee may determine are required at Premises, beyond regular service, or in addition to existing park dumpster capacity, shall be the responsibility of, and at the sole expense of, Lessee. Lessee may request that City Director obtain a larger container (6 cubic yard approximately) from City contractor for Lessee's use, with Lessee to pay City the monthly rate of the difference between a four (4) cubic yard container and a six (6) cubic yard container. (D) The Premises is wired for telephone service; however, Lessee shall contract separately with a telephone service provider of Lessee's choice for the provision of active telephone service, which service is to be incurred at Lessee's sole expense. (E) The Premises is wired for electrical service and has a separate electric meter. Lessee shall contract for electric service to the Premises. Lessee shall bear the cost of all electricity used at the Premises for the term of this Lease. Additionally, Lessee shall bear the cost for the use and maintenance of the existing security alarm system in the Premises for the term of this Lease. Lessee is responsible to contract for security alarm system monitoring at the Premises. (F) Water and sewage service is available at the Premises, and the cost to Lessee, for the provision of water and sewage service by the City, is included and made a part of Lessee's monthly lease payment. (G) Should Lessee require any modification to the provision of the enumerated utilities in this section or require any additional utility service not herein covered during the term of this Lease, Lessee shall submit a request, in writing, to the Director for consideration and possible amendment of this Lease. (H) Lessee shall pay for all utilities related to usage of Premises, excluding water and sewage service as herein provided for, prior to the due date. Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. Section 10. Abandonment, Interruption of Utilities, Removal of Lessee's Property, and Lockout. Chapter 93 of the Texas Property Code govems the rights and obligations of the parties with regard to: (a) abandonment of the leased premises; (b) interruption of utilities; (c) removal of Lessee's personal property; and (d) lock out of Lessee. Section 11. Maintenance. (A) The City will maintain the exterior of the Premises and adjacent park grounds, including buildings and public parking lots in the vicinity of the Premises, subject to sufficient annual budget appropriations. The City shall be responsible for repairs to the exterior of the Premises unless damage occasioned to the exterior is or was caused by Lessee's negligence it is further understood and agreed that the City shall maintain the utility lines serving the Premises, subject to sufficient annual budget appropriations. All of City's repair or maintenance obligations set forth in this agreement are subject to sufficient annual budget appropriations for such purpose. (g) The City will repair and maintain the heating and cooling systems at the Premises, subject to sufficient annual budget appropriations. (C) The City will repair and maintain the electrical wiring system at the Premises, subject to sufficient annual budget appropriations. (D) Lessee covenants and agrees to maintain the interior of the Premises during the term of this Lease, such maintenance to include, but not be limited to, interior painting (in a neutral color preapproved by the Director) and keeping in good repair the plumbing and light fixtures. (E) Lessee shall be responsible for cleaning the interior of the Premises and will supply paper goods and chemicals necessary for cleaning. (F) During Lessee's normal business hours, City may, upon reasonable notice, enter the Premises for any reasonable purpose, including but not limited to, repairs, maintenance, alterations and showing the premises to prospective tenants. City may access the Premises at any time for emergency repairs. (G) City maintenance to the Premises is subject to sufficient annual budget appropriations. Section 12. Furniture, Fixtures, and Equipment. (A) It is understood that Lessee will be responsible for furnishing and equipping the Premises and that the City has no obligation to furnish any equipment or furnishings for Lessee. (B) All capital construction to the premises, such as installation of plumbing fixtures remain the property of the City. Section 13. City Use and Special Events. (A) City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for 6- damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. (B) Lessee acknowledges that Heritage Park premises are used for special events which may occasionally interfere with Lessee's access to the Leased Premises and parking space availability. Lessee shall not be entitled to any compensation, in whatever form, either tangible or intangible, for such non - Lessee use. (C) Lessee grants to Parks the right to continue to conduct free public tours through the Premises. Section 14. Laws Affecting Operation of Premises and Performance. (A) Lessee shall ensure that purpose of its use of the Premises is in accordance with all applicable Federal, State, and local laws, ordinances, rules and regulations. (B) Lessee shall bear the expense and responsibility of meeting all requirements for acquiring all applicable licenses and permits related to its operations. Lessee shall also bear the expense of meeting and complying with all health regulations and Certificate of Occupancy requirements. Section 15. Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and notice, to determine whether Lessee is providing maintenance in accordance with and as required by above, or for any other purpose incidental to City's retained rights of and in the Premises. Section 16. Relationship of Parties. This Lease establishes a landlord /tenant relationship, and none other, and this Lease must be construed conclusively in favor of that relationship. In performing this Lease, both City and Lessee 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 shall not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. Section 17. Insurance. (A) Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the Attachment, which is incorporated in this Lease by reference. (B) The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and operations at the Premises. Lessee agrees to notify Lessor of any substantive change to its insurance coverage. (C) Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. The Risk 7 Manager shall retain the right to annually review the amount and types of insurance maintained by Lessee, to . require increased coverage limits, if reasonably necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. (D) In the event of any necessary increase, Lessee shall receive ninety (90) days written notice prior to the effective date of the requirement to obtain increased coverage. In the event alcoholic beverages are to be served or consumed on any Premises covered by . this Lease, the Lessee shall additionally obtain or cause to be obtained alcoholic beverage liability insurance in the amount of one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served or consumed. (E) Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 19(a), as contained herein. (F) The City carries the property and flood insurance on the building. Lessee is responsible for insuring its own contents, displays and exhibits. Section 18, Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ( "Indemnitoru) covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees " ) from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (1) Lessee's performance pursuant to this Lease; (2) Lessee's and Lessee's invitees use of the Premises and any and all activities associated therewith pursuant to this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or invitees or by Indemnitees or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, invitees, employees, agents, or representatives or of Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act or omission is caused or is claimed to be caused by the contributing or concurrent negligence of lndemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault of any other person or entity and including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. 8 Lessee covenants and agrees that, if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with legal counsel satisfactory to City, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said viability, injury, damage, loss, demand, claim or action. Section 19. Alterations. (A) Lessee shall not make any alterations, additions, or improvements to, in, on, or about said Premises, without the prior written consent of the City Director of Parks and Recreation. Lessee must also obtain clearance from the Risk Manager as required above. (B) Lessee agrees not to harm the Premises beyond normal wear and tear. (C) All approved alterations, improvements, and additions made by the Lessee upon said Premises, which are permanent in nature, even if made at Lessee's own expense, shall, if not removed by Lessee at any termination or cancellation hereof, become the property of the City in fee simple without any other action or process of law. Lessee agrees to be contractually and financially responsible for repairing any and all damage caused by such removal. If items are installed in such a manner as to become fixtures, such fixtures shall not be removed by Lessee upon termination and shall become the property of the City. Section 20. Signs. (A) Lessee shall 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 Director's prior written approval. (B) City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or repair the Signs within ten (10) days of Director's written demand, City may do or cause the work to be done, and Lessee will pay City's costs within thirty (30) days of receipt of Director's invoice. If payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, City may elect to terminate this Lease after ten (1 0) days written notice to Lessee. Section 21. Sublease and Assignment. Lessee understands and agrees that Lessee shall not sublease the Premises or any part thereof without obtaining the prior written consent of the City. Lessee shall not, in whole or in part, assign or transfer directly or indirectly this Lease unless prior written approval has been obtained from the City. Written consent or approval shall not be unreasonably withheld by Lessor. Lessee is 9 allowed to permit use of the Premises by artists for fee to be established by Lessee; however, any users permitted by the Lessee are the responsibility of Lessee to indemnify and insure in compliance with Sections 18 and 19 of this Agreement. Section 22. Default. (A) The following constitute Events of Default under this Lease: (i) failure to keep, perform, and observe any other promises, covenants and conditions contained in this Lease. (B) Upon the occurrence of any Event of Default, the City may, at its option, in addition to any other remedy or right given hereunder or by law: (1) give notice to Lessee that this Lease terminates upon the date specified in the notice, which date will be no earlier than thirty (30) days after the giving of such notice. Section 23. No debts. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease. Section 24. Notice. (A) All notices, demands, requests or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; or (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. (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. (C) All these communications must only be made to the following: IF TO CITY: City of Corpus Christi Park and Recreation Department P. O. Box 9277 Corpus Christi, Texas 78469 -9277 Attn: Director of Park and Recreation IF TO LESSEE: Festival of the Arts Attn: 501 e /ca e-vt e "Po 0 i (rem o Corpus Christi, Texas °?'L((tl(, (D) Either party may change the address to which notice is sent by using a method set out above. Lessee shall notify the City of an address change within ten (10) days after the address is changed. 10 Section 25. Nondiscrimination. Lessee covenants and agrees that it shall not unreasonably 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, marital status, sex, 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. Section 26. Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless the chang ..or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 27. Force Majeure. No party to this Lease shall be 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, riots or interference by civil or military authorities. These delays or failures to perform shall extend the period of performance until these exigencies have been removed. Section 28. Surrender. Lessee acknowledges and understands that the lease of the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination, or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Any reasonable costs incurred for repairs or corrections for which Lessee is responsible under this Lease are payable by Lessee to City as additional rental on the next rental payment date, or within 30 days written demand. Section 29. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, if required by the City Charter, in the legal section of the local newspaper. Section 30. Interpretation. This Lease will be interpreted according to the Texas laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 31. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions hereof. Section 32. Casualty. If the Premises become damaged due to weather event, fire, or other natural or man -made disaster, such that the Premises are not deemed safe for occupation by the City Building Official, and repairs are not completed within 30 days of the event of disaster, then either party may terminate this lease upon 30 days written notice to the other party, without penalty. 11 Section 33. Termination. It is Lessee's responsibility to remove its personal property from the Premises prior to termination or expiration of the Lease. Lessee agrees that any of personal property remaining on the Premises after the termination or expiration of the Lease automatically becomes City property without any notice, action, or process of law, for disposition by the City as City deems appropriate in City Manager sole discretion, with no compensation to Lessee. Lessee shall be invoiced for City's costs to remove property from the Premises after termination or expiration of the Lease, and Lessee shall pay said invoice within thirty (30) days of receipt. Section 34. Entirety Clause. This Lease and the incorporated and attached exhibits . constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. Section 35. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid and enforceable, will be added to this Lease automatically by the Court construing such clause or provision to be invalid. EXECUTED IN DUPLICATE, each of which shall be considered an original, on the day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Ronald L. Olson City Manager APPROVED AS TO LEGAL FORM this ca'b day of 0 , 2017 By: Use Aguilar Assistant City Attorney for City Attorney LESSEE: FESTIVAL OF THE ARTS By: Name; or! 1.. RayrEt Title:' res,' de Ai- Date: /Op 8 12 13 INSURANCE REQUIREMENTS 1. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. Lessee must furnish to the City's Risk Manager, 2 copies of Certificates of Insurance with applicable policy endorsements 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 blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30- written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $500,000 COMBINED SINGLE LIMIT LIQUOR LIABILITY COVERAGE If liquor being served $1,000,000 COMBINED SINGLE LIMIT Property Coverage Lessee will be responsible for any and all damage to equipment used regardless if owned, rented, leased or borrowed, and also for any and all damage to displays and exhibits. WORKERS' COMPENSATION EMPLOYERS' LIABILITY. Applicable when employs paid employees, WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION II OF THIS EXHIBIT $500,000 4500, 000 /$500,000 14 C. In the event of accidents of any kind arising at the Premises or arising from this Lease, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. ll. ADDITIONAL AginaMaEQujEgmENIA A. Applicable when employing paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. Lessee's financial integrity is of interest to the City; therefore, subject to Lessees right to maintain reasonable deductibles in such amounts as are approved by the City, Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee'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 thanA - VII. C. 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). Lessee 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. Lessee 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 and Director of Parks and Recreation P.O. Box 9277 Corpus Christi, TX 78469 -9277 D. Lessee 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 15, 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, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee'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 agreement. F. In addition to any other remedies the City may have upon Lessee'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 Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Lessee'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 agreement. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Ordinance authorizing the City Manager or designee to execute a lease with Festival of the Arts for the Merriman Bobys House in Heritage Park for one year term with an option to renew annually for two years with rent of $600 per month; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute a lease with Festival of the Arts for the Merriman Bobys House in Heritage Park for one year term with an option to renew annually for two years with rent of $600 per month. The lease 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 (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 October 18, 2011 By: `.,f.� Lisa Aguilar, As for City Attorney ant City Attorney 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 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 Ordinance appropriating $4,800 of anticipated rental income, from the lease of the Merriman Bobys House in Heritage Park to the Festival of the Arts, in the No. 4710 Visitor's Facility Fund for the maintenance of Heritage Park facilities; changing the FY2011 -2012 Operating Budget adopted July 26, 2011 by Ordinance No. 029155, by increasing revenues and expenditures by $4,800 each; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi Texas: SECTION 1. That $4,800 of anticipated rental income is appropriated from the lease of the Merriman Bobys House in Heritage Park to the Festival of the Arts, in the No. 4710 Visitor's Facility Fund for the maintenance of Heritage park facilities. SECTION 2. That the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 is changed by increasing revenues and expenditures by $4,800 each. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: October 18,, 2011 Lisa Aguilar, A sistant City y Attorney for the City Attorney 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 12 AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: October 17, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director in MichaelMoAcctexas.com 361 -826 -3464 Appropriate the Elderly Nutrition Program (ENP) grant final installment for FY11 PURPOSE: A. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $637,137 grant awarded by the Area Agency on Aging of the Coastal Bend for the final federal installment of FY 2011 funding for the Senior Community Services, Elderly Nutrition Program. B. Ordinance appropriating a $637,137 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY 2011 Senior Community Services, Elderly Nutrition Program; and declaring an emergency. BACKGROUND AND FINDINGS: The Elderly Nutrition Program (ENP) grant is made available through the Area Agency on Aging of the Coastal Bend and provides funding for the continuation of the Senior Community Services, Elderly Nutrition Program. The fund authorization period is effective October 1, 2010 through September 30, 2011 The Area Agency on Aging of the Coastal Bend is issuing a grant in the amount of $637,137 in Federal funds to the City of Corpus Christi for the continuation of the Senior Community Services, Elderly Nutrition Program from October 1, 2010 through September 30, 2011. This grant represents the final funding award for a total of $765,230 for FY11. The first installment of $128,093 was approved by Council on January 11, 2011. This grant requires a minimum of 10% City matching funds, or $76,523. The match is met through the salaries of 2 -3 City Senior Center staff directly involved in meal service two hours per day at each of the eight Senior Centers. Locally, these projects include the Elderly Nutrition Program (Congregate and Home Delivered Meals), Title XX Meals on Wheels and Benefits Counseling. The Benefits Counseling service is a component of the Health Information Counseling & Advocacy Program of Texas (HICAP). The Elderly Nutrition Program coordinates the congregate and home delivered meals operations to provide a fully prepared, well- balanced noon meal to senior center members and homebound and/or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center located on the Del Mar College West Campus. We project to serve 103,516 congregate meals; 106,698 home delivered meals; 52,879 Title XX Meals on Wheels and 375 hours of Benefits Counseling service units during fiscal year October 2010 through September 2011. ALTERNATIVES: Eliminate the Elderly Nutrition Program services. Page 2 of 2 OTHER CONSIDERATIONS: N/A FINANCIAL IMPACT: This grant requires a minimum of 10% City matching funds, which were appropriated as part of the FY 11 City budget. ❑ Not Applicable Q Operating Expense ❑ Revenue ❑ CIP Fiscal Year: 2010 -2011 Project to date exp (CIP Only) Current Year Future Years TOTALS Budget (match from General Fund 1020) $63,714 $63,714 This item (final installment for grant year to 9/30/11) $637,137 NA $637,137 Balance: Note: The first installment of $128,093 was already approved and appropriated in January 2011. The total grant for 2010 -2011 is $765,230. RECOMMENDATION: Staff recommends approval to accept the final FYI1 grant award. CONFORMITY TO CITY POLICY: City Council must authorize the City Manager to execute a contract or agreement to receive grant funds. EMERGENCY I NON - EMERGENCY: Emergency. DEPARTMENTAL CLEARANCES: Parks and Recreation, Finance. LIST OF SUPPORTING DOCUMENTS: Attachment — Notification of FY 11 Funds Available -- NFA #2. Approvals: 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 -108- //Area Agency on Aging OF TIE COASTAL WM A Program of the Coastal Bend Council of Governments Funded by the Texas Department of Aging and Disability Services Memorandum To: Title IQ Older Americans Act Subcontractors From Betty Lamb Date: August 15, 2011 Re: Notification of FY11 Funds Available - NFA #2 The enclosed award represents the balance of total allocation of funds for FY11 made available to the Coastal Bend by the Texas Department of Aging and Disability Services (DADS) for Older Americans Act Services. The award period for these funds is through September 30, 2011 and represents your final award for FY11. Please refer to my email dated 9 -1 -11 for updated meals and one -way trips that correspond to your final award, as well as any requested transfers. Should you have any questions, please call the office or email your inquiry. LOCATION: 2910 LEOPARD STREET; CORPUS CHIRSTI, TEXAS 78406 MAILING: POST OFFICE SOX 9909; CORPUS CHIRSTI, TEXAS 76469 C: Old 6 011ealoee•evael■lAaeiel8a ,iyIPFAIFY2O11IIIF1II/I•ea.1 -15.11 -109- PHONE: (361) 883 -3935 TOLL FREE: 1- 800 - 817 -5743 FAX: (361) 883 -5749 www.aaacoastalbend.org NOTIFICATION OF FUNDS AVAILABLE AREA AGENCY ON AGING OF THE COASTAL BEND Physlcal: 2910 LEOPARD STREET: CORPUS CHRISTI, TEXAS 78408 Mailing: POST OFFICE BOX 9909; CORPUS CHRISTI, TEXAS 78469 SUBCONTRACTOR: Ms. Elsa Munoz City of Corpus Christi Senior Community Services Post Office Box 9277 Corpus Christi, Texas 78469 DATE: August 15, 2011 CONTRACT PERIOD Oct, 1, 2010 - Sept. 30, 2011 CONTRACT NUMBERS: AA3- 1148 -4 AWARD ISSUANCE NUMBER: 2 This Notification of Funds Available is issued as an addendum to your contract with the Coastal Bend Council of Governments -- Area Agency on Aging for the period October 1, 2010 through September 30, 2011. The funds awarded under this addendum are for the above period in the amount(s) shown below. It is understood and agreed by the Subcontractor that any payment thereunder, shall be for services provided in accordance with all requirements set forth in the referenced contract. The Subcontractor certifies upon request for any funds awarded under this addendum that the Subcontractor is not debarred, proposed for debarment, suspended, ineligible, or voluntarily excluded from participation in this contract by any federal department or agency or by the State of Texas. PROGRAM FY11 Prior Contract Award $ 64,127 .- FY11 Title III Award this Action (1) FY11 NSIP Award this Action (2) FY11 Cumulative Award MEALS IJIC11SGR /NSIP $242,515 $ 81,100 $387,742 HOME DELIVERED $ 60,022 MEALS IIIC2ISGR /NSIP $218,243 $ 83,190 $361,455 $ 3,944 $ 12,089 $ -0- $ 16,033 SUPPORTIVE SERVICES HIIB TOTAL AWARD $128,093 $472,847 $164,290 $765,230 1 (1) This award represents the balance of total funding for FY11 based on funds awarded to CBCOG- AAA through June 2, 2011. John P. Buckner, Executive Director Coastal Bend Council of Governments —1 1 0— cc: City of Carpus Christi, Grants Dept. Attn To: M. Emily Gonzales Post Office Box 9277 Corpus Christi, Texas 78469 C-lQi! C, Cti.,\ 9000menl. SAEainlBally1NFA1FY2611lNFAT00 .00- NFA2_6•! 5•S l.dat sK Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $637,137 grant awarded by the Area Agency on Aging of the Coastal Bend for the final federal installment of FY 2011 funding for the Senior Community Services, Elderly Nutrition Program. Be it resolved by the City Council of the City of Corpus Christi, Texas, that: SECTION 1. The City Manager or City Manager's designee is authorized to execute all documents necessary to accept a $637,137 grant awarded by the Area Agency on Aging of the Coastal Bend for the final federal installment of FY 2011 funding for the Senior Community Services, Elderly Nutrition Program. INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas, on the day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: October 18, 2011 Lisa Aguila ssistant City Attorney for the City Attorney J:ILISA12011 Resolution\Area Agency on Aging Resolution.doc —111— 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 Page 1 of 1 . Ordinance appropriating a $637,137 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation Grants Fund for the FY 2011 Senior Community Services, Elderly Nutrition Program; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That a grant in the amount of $637,137 from the Area Agency on Aging of the Coastal Bend is appropriated in the No. 1067 Parks and Recreation Grants Fund for the Senior Community Services, Elderly Nutrition Program. 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 CHRIST! Armando Chapa, City Secretary Joe Adame, Mayor Approved: October 18, 2011 o_...._ -► Lisa A uilWAsss nt City Attorney for the City Attorney 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 13 AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: TO: FROM: October 17, 2011 Ronald L. Olson, City Manager Michael Morris, Director MichaeiMoacctexas.com 361 -826 -3464 14.444,;., a- 8 Appropriate Retired Senior Volunteer Program (RSVP) State grant award for 2012 CAPTION: A. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $21,671 grant awarded by the Corporation for National and Community Service for Retired and Senior Volunteer Program (RSVP). B. Ordinance appropriating a $21,671 grant from the Corporation for National and Community Service in the No.1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program; and declaring an emergency. BACKGROUND AND FINDINGS: Retired and Senior Volunteer Program (RSVP) has proven to be exceptionally beneficial to both senior citizens and various public and private agencies in Corpus Christi. RSVP volunteers are individuals 55 years or older who utilize their talents and experience to serve the needs of the community. During the last grant period (91112010- 813112011) and fiscal year 2010 -2011, 574 enrolled volunteers contributed 62,000 hours through 44 different non - profit organizations like the Muscular Dystrophy Association, KEDT TV, South Texas Botanical Gardens, Corpus Christi Metro Ministries, and other community based organizations like Driscoll Children's Hospital, Corpus Christi Medical Center, USS Lexington, and AARP Chapters, to name a few. FY 2010 -2011, over 300 RSVP volunteers dedicated approximately 36,000 service hours to City departments including the Police Department where volunteers support Special Services, Training, Criminal Investigation and Family Violence Unit. Other departments and divisions include: Program Services Division, Senior Community Services, Museum of Science and History, and Corpus Christi International Airport. Through these departments, volunteers engage in special projects, community outreach projects, support serving congregate meals, serve as tour guides and ambassadors, and assist in clerical and administrative duties. ALTERNATIVES: Do not accept grant and discontinue RSVP program. OTHER CONSIDERATIONS: General Fund match budgeted for FY12 ($95,101) CONFORMITY TO CITY POLICY: Appropriation of funds require City Council approval. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Accounting; Budget FINANCIAL IMPACT: o Not Applicable X Operating Expense o Revenue o C1P Fiscal Year: 2011 -2012 Project to Date Expenditures (C1P) Current Year Future Years TOTALS Budget (Gen Fd 1020) $95,101 $95,101 Encumbered 1 Expended Amount This item $21,671 $21,671 BALANCE $116,772 $116,772 RECOMMENDATION: Staff recommends approval of to accept grant award. LIST OF SUPPORTING DOCUMENTS: Notice of Funding Award 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 Notice of Grant Award Retired and Senior Volunteer inOgrain Grantee. City' ot borplis Christi 1201 Leopard 15C113ox 9-271 Corpus Christi TX 78469-9277 Award information Agreement No.: nnwrxon AmendMent NO.: 0 CFDA No,: 94.002 Award Dose-4106in Provide TDADS For unsaid Use Oray Corpokation for National and CimminmitY Service 601 Wal414 SfrOct, Sut876 E Philadelphia, PA 19106-3323! 81N: 746660•14 Project Period: Budget Period: 09/01/2011 -08.131/200 09/01/2011 - 08/31)2012 Pit r Se_ - . . The purpose of tide award is to assist the granteein Q&Ifl out a national service program as.authorize4 by the Domestic xilittaetr Service.Act'of 1913-, as mewled (4tLSC. C apter 2) . using money appropriatefrby. the..Stge of Tea Funding Information �bU ThR Award" llbtal Curiant- ciirrOrit Year _ArnOtislinept Vaar -nii0 Yew' Total Obligated by'ClICS $4 $21,671 t21,671. Eltilefft (C;Mly0Ver) Total .Availabie. SO 121,671 521,671 Ctivenlatbrn Pondino:for Project Period Total Awarded In Proyiqns Yezirs SO Total CNCS, Fpnci.§ Award t� Date $21.4671 Granted!'s ljnoli1v0a 1;0 Funding sourpowid Amount zo i—orti-Q51-006-6141A-4101 311,671.00 tpedial Conditions . • Costs allowed waft-- this gram are limited to those categories contained in signed application n package dated.13/2ii 11. The grahtee shall* milted to reimbursement for costs Mourtedot or after Sep ember 1, 2011 which if incturcd hefote the signgure date of this -award, would have been reimbursed under: the tunas of this grant: Terms of Ao0e0teri0e: 1$Y arzecitiOg funds under this grant, the P(aritee agrees to comply with al! 'terms and conditions Of the grant that are on the CorpOratiOn'S: httpa:flegrarits.briSgoviterrnakofICOndifipne/FWPTandC Revis8d20i-010:11 .pdf„aii assurances and certifications made in the Grant application, and all applicable federal statutes regulations andguidelines. The Grantee agrees to administer thelunded Program in accordance with the apprOved:Grant application and budget(a), supporting cibournents, and other repretentationa Made in Supped of the epproVed Grant application. Corporatim for Natioaat and Community Service: Paget FOr Officiiil use Otaj,, -119- Notice of Grant Award Retired and Senior Volunteer Program Yew Official Use Only Grantee City of Corpus Christi 1201 Leopard PO Box 9277 Corpus Christi TX 78469 -9277 601 Walnut Street, Suite 876 E Philadelphia, PA 19106 -3323 Corporation for National and Community Service: Afitoei ,Iii rf 09129t2011 Signature Lennette B. White Name (typed) Senior Grants Officer Title Date EN: 746000574 Lennetta B. White, 215 - 964 -6309 Grants Official LeRoy Minor, (512) 916 -5671 Program Official Page 2 For Ofdal Use Only -120- Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $21,671 grant awarded by the Corporation for National and Community Service for the Retired and Senior Volunteer Program (RSVP). Be it resolved by the City Council of the City of Corpus Christi, Texas, that: SECTION 1. The City Manager or City Manager's designee is authorized to execute all documents necessary to accept a $21,671 grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program. INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas, on the day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: October 18, 2011 Lisa Aguii Assistant City Attorney for the City Attorney J:ILISA12011 Resolution\RSVP Resolution.doc Corpus Christi, Texas of , 20'11 The above resolution was passed by the following. vote: J.Qe.Ad-aDne- - Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Ordinance appropriating a $21,671 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation Grants Fund for the Retired and Senior Volunteer Program; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That a grant in the amount of $21,671 from the Corporation for National and Community Service is appropriated in the No. 1067 Parks and Recreation Grants Fund for the Retired and Senior Volunteer Program. 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, City Secretary Approved: November 3, 2011 By: ,...� .� Lisa Aguilar, Ass -scant City Attorney for the City Attorney 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 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 14 AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: 10/12/2011 TO: Ronald L. Olson, City Manager FROM: Rick Stryker, Museum Director ricks @cctexas.com (361) 826 -4660 CAPTION: Funding agreement between the City of Corpus Christi and the Friends of the Corpus Christi Museum of Science and History to support the continued employment of the Museum Archeologist through completion of the Lower Nueces Valley Proiect. Ordinance ar orooriatina the Friends contribution. a) Motion authorizing the City Manager or designee to execute a Funding Agreement with the Friends of the Corpus Christi Museum of Science and History allowing them to reimburse the cost of salary for the Museum Archeologist for a period of two years. Funding agreement between the City of Corpus Christi and the Friends of the Corpus Christi Museum of Science and History to support the continued employment of the Museum Archeologist through completion of the Lower Nueces Valley Project. b) Ordinance appropriating $47,760 from the Friends of the Corpus Christi Museum of Science and History into the No. 1020 General Fund for funding of an archeologist position in FY 2011 -2012; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase revenues and expenditures by $47,760 each. BACKGROUND AND FINDINGS: City funding of the Museum Archeologist position was eliminated from the FY 2012 budget. The field work along the Lower Nueces River near Old San Patricia researching the habitation patterns for prehistoric Native Americans was completed in 2010 after 10 years effort. The Friends will contribute funding to support the Museum Archeologist salary ($47,760 annually) for two years. This will allow time to complete the analysis of the collection and other data and put it in form to be published. The City will match the Friends contribution by funding the cost of benefits for the position for two years at the rate of $10,702 annually for two years. ALTERNATIVES: The Council could choose not to approve this item, but the project will cease prior to completion. CONFORMITY TO CITY POLICY: City policy requires that Council approve Funding Agreements. EMERGENCY / NON-EMERGENCY: This is not an emergency. DEPARTMENTAL CLEARANCES: The Museum Advisory Committee supports this Agreement. —127-- FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $10,702 $10,702 $21,404 Encumbered / Expended Amount This item $47,760 $47,760 $95,520 TOTAL $58,462 $58,462 $116,924 und(s): Fund 1020 General Fund Comments: The Friends of the Museum will reimburse the City for the cost of salary ($47,760 annually) while the City will fund the cost for benefits ($10,702 annually). RECOMMENDATION: It is recommended that this Funding Agreement and Ordinance be approved. LIST OF SUPPORTING DOCUMENTS: Funding Agreement and Ordinance Approvals: Brian Narvaez, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager —128— FUNDING AGREEMENT THIS FUNDING AGREEMENT (this "Agreement ") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation (the "City") and Friends of the Corpus Christi Museum of Science and History, a Texas nonprofit corporation ( "Friends ") and shall be effective as of the date this Agreement becomes fully executed by both parties. WHEREAS, the City owns and operates the Corpus Christi Museum of Science and History (the "Museum "); and WHEREAS, the City employs Dr. Robert Drolet as an Archeologist at the Museum; and WHEREAS, Dr. Drolet has been active in a decade long archeological study of the Lower Nueces River Valley (the "Project "); and WHEREAS, the parties intend that the information gained from the Project during the first year of this Agreement is disseminated during the second year of this Agreement through (i) Collection Curation and On -Line Exhibit and (ii) Project Manuscripts, Monographs and Publications, as outlined in the attached Schedule for Analysis and Dissemination of Information from the Lower Nueces River Valley Archaeological Study 2000 -2010 (the "Schedule "); and WHEREAS, Dr. Drolet agrees that the Project can be completed within the time frame of the Schedule; and WHEREAS, the City had proposed to eliminate the Archeologist position due to the City's budget constraints; and WHEREAS, the elimination of the Archeologist position would result in a failure to complete the Project; and WHEREAS, Friends has agreed to provide the money necessary for the City to fund the salary for the Archeologist position for a period of two years; NOW, THEREFORE, in consideration of the mutual agreements and covenants contained in this Agreement, the parties hereby agree as follows: 1. Funding. The City will continue to employ Dr. Drolet as an Archeologist for the fiscal years ending July 31, 2012 and July 31, 2013, and Friends agrees to reimburse the City for the total amount of Dr. Drolet's salary for such fiscal years. 2. Reports. All parties agree that the continuation of this Agreement is subject to Dr. Drolet making reasonable progress towards completion of the Project in accordance with the Schedule. Therefore, the City agrees to provide Friends with interim reports in accordance with the attached Lower Nueces River Valley Project Analysis and Write -up Schedule that describe the progress made by Dr. Drolet towards completion of the Project. If Dr. Drolet fails to show reasonable progress towards completion of the Project, Friends shall have the right to terminate this Agreement and withhold future funding for salary incurred after the effective date of termination. 3. Payments. The City will invoice Friends at regular intervals during the term of this Agreement, and Friends agrees to pay within thirty days after receipt of a proper invoice. The City agrees that funds provided by Friends under this Agreement shall be used by the City solely for the purposes of employing Dr. Drolet. 4. Waiver. No waiver of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 5. Compliance with Laws. This Agreement is subject to all federal, state, and local laws and regulations. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and the venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 6. Entire Agreement; Amendments. This Agreement sets forth the entire understanding of the parties. This Agreement may be amended or modified only by a written instrument that is signed by the duly authorized representatives of each party. 7. Termination. Either the City or Friends may terminate this Agreement, with or without cause, upon thirty (30) days advance written notice to the other party. Obligations incurred prior to the effective date of tennination shall survive termination. 8. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and shall be deemed received on the day faxed or hand - delivered or on the third day after deposit in the U.S. mail, if sent by certified mail. Notice shall be addressed as follows: IF TO CITY: City of Corpus Christi Attn: Rick Stryker, Director 1900 N. Chaparral Corpus Christi, Texas 78401 Fax: 361 - 826 -4660 IF TO FRIENDS: Friends of the Corpus Christi Museum of Science and History 1900 N. Chaparral Corpus Christi, Texas 78401 Fax: 361- 884 -7392 9. Severability. Each provision of this Agreement is severable and, if, for any reason, any provision or any part thereof, is determined to be invalid or contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions 2 —130— of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. SIGNED this day of , 2011. ATTEST: FRIENDS: FRIENDS OF THE CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY By: Jim Moloney, President CITY: CITY OF CORPUS CHRISTI By: By: Ronald L. Olson, City Manager Armando Chapa, City Secretary Approved as to Form: SSpI-: 1 to , 2011. By: L. Brian N ez, Assiity Attorney For City Attorney 1 Work Schedule 2011 -2013 Drolet 8/1/2011 Schedule for Analysis and Dissemination of information from the Lower Nueces River Valley Archaeological Study 2000 -2010. August 2011 to September 2012 Special Analysis and Data Organization of Recovered Archaeological Collections from the Lower Nueces River Valley. 1 Ceramic analysis (formal analysis of Late Prehistoric ceramic collections from habitation sites 41NU54 and 41SP220 and their outliers). The analysis will be used to generate answers to the following questions: a. What were the principal vessel types manufactured? b. What types of temper were used with clay? c. What were the manufacture techniques d. What were the stylistic attributes, including decoration, vessel size, and clay types used? e. What were the different vessel types used for? f. What does the ceramic information tell us about inland - coastal trade and exchange? 2. Faunal and botanical analysis (formal analysis of organic remains from Archaic and Late Prehistoric sites). The analysis will be used to generate answers to the following questions. a. What plants and animals were exploited? b. What was their seasonality and distribution? c. What is known about river valley habitats surrounding the base camp settlements in both periods? 3. Lithic analysis (formal analysis of chipped stone artifact assemblages from Archaic and Late Prehistoric sites). The analysis will be used to generate answers to the following questions. a. What were the principal chipped stone tool types manufactured during each period? b. What manufacturing techniques were used in tool manufacture? c. Where were the principal stone quarries located that provided raw lithic material? Were tools manufactured at these sites or was the material transported to base camps d. How did stone tools contribute to domestic work, hunting, and other everyday chores? e. What did a typical Late Prehistoric lithic tool workshop look like? 4. Settlement pattern analysis (formal analysis of archaeological sites identified and recorded during systematic survey). The analysis will be used to generate answers to the following questions. a. What were the principal site types associated with each cultural period? b. What is the spatial pattern relating to site distribution? c. How did settlement patterns change over time? d. Did populations grow over time or remain small and scattered? —132— 2 Work Schedule 2011 -2013 Drolet 8/1/2011 d. Were settlements permanent or seasonal? 5. Chronological analysis (laboratory C14 analysis of charcoal, animal bone, and sediment samples recovered in Archaic and Late Prehistoric site excavations). The analysis will be used to generate answers to the following questions. a. What was the duration of Archaic settlement? b. What was the duration of Late Prehistoric settlement? c. When did historic contact occur and what happened to the Native groups during this contact period? Analysis will be undertaken at the Corpus Christi Museum and Texas A & M University by Dr. Drolet and students. The broader understanding derived from this analysis will address culture change and environmental adaptation of people in South Texas during an approximate 9,000 year period. August 2012 to September 2013 Collection Curation and On -Line Exhibit 1. Integrate archaeological collection into permanent Museum storage. 2. Create a publically accessible data base associated with the Lower Nueces River Valley archaeological collection. Project Manuscripts, Monographs, and Publications 1. Scholars The compilation of what we have learned will first be developed into a professional manuscript to be published in the Case Studies in Archaeology Series. Chapters include discussions about: a) prehistoric and ethnographic background; b) research background; c) chronological framework; e) results of survey and excavations; 1) changes in population and environment; g) settlement types, subsistence and exchange; and h) early Native American- European contact. 2. General Public Another important product will be an illustrated monograph available through the Museum gift shop and other book stores that will paint a of picture of the lives these people led: especially the long tradition associated with fishing, hunting, tool making and base camp settlements located along the banks of the Nueces River. The whole story of these resilient people will be summed up from prehistoric times to European contact. The goal is to expose current generations of south Texans to the life ways of the Native peoples who preceded us. 3. Schools An important Museum target audience is school students who visit to learn about South Texas history. This project will include the publication of a study guide for use in classrooms along with web content that can be used by teachers in their curriculum. This story is important for both the K -12 science and social studies curriculum. —133— 1 Timeline LARYProject 8/11/2011 Lower Nueces River Valley Project Analysis and Write -up Schedule. Dr. Robert Drolet Analysis of Archaeological Materials 2011 August Literature Review September- November Chronological data analysis. Environmental and cultural history framework Progress report November 2011- 2012 December- March Site excavation data; lithic assemblages, faunal and macrobotanical analysis Progress report March 2012 April -June Ceramic analysis and thin section study Progress report June Jules interim Report Manuscript Draft Preparation 2012 August - September Introduction, research design and environment Progress report September October- December Survey and site excavations Progress report December 2013 January- March Cultural chronology, Native American subsistence, demography and resource exploitation and ecological adaptation Progress report March April - June Native American- European contact & conclusion July Manuscript Draft —134— Page 1 of 2 Ordinance appropriating $47,760 from the Friends of the Corpus Christi Museum of Science and History into the No. 1020 General Fund for funding of an archeologist position in FY 2011 -2012; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase revenues and expenditures by $47,760 each; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $47,760 from the Friends of the Corpus Christi Museum of Science and History is appropriated into the No. 1020 General Fund for funding of an archeologist position in FY 2011 -2012. SECTION 2. That the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 is changed to increase revenues and expenditures by $47,760 each. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2011. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED AS TO FORM: A .e.,deen. % rian Na aez Assistant City Attorney For City Attorney , 2011. Page 2 of 2 Corpus Christi, Texas day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Far the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott 15 AGENDA MEMORANDUM for the City Council Meeting of November 15, 2011 DATE: 10/12/2011 TO: Ronald L. Olson, City Manager THROUGH: Rudy Garza, Assistant City Manager FROM: Mike Culbertson (361) 882 -7448 mculbertson@ccredc.com CAPTION: Type A Grant for Lakeside Steel Texas Inc. a. Ordinance appropriating $150,000 from the Unreserved Fund Balance in the No. 1140 Business /Job Development Fund for a grant from the Corpus Christi Business and Job Development Corporation to Lakeside Steel Texas Inc. for development of a new pipe treading facility; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $150,000. b. Resolution approving the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Board ") and Lakeside Steel Texas Inc. ( "Lakeside "), which provides a grant of $150,000 for development of a new pipe treading facility; and authorizing the City Manager or designee to execute the Business Incentive Project Service Agreement with the Type A Board for the implementation and administration of the Business Incentive Agreement. BACKGROUND AND FINDINGS: Lakeside Steel Texas Inc. has purchased the lease rights for a property where they will open a pipe finishing facility. Hiring 60 new employees and investing $1,400,000 in equipment and fixtures. The average salary will be $23,000.00. ALTERNATIVES: The company is not eligible for any other incentives besides the Type A grant. OTHER CONSIDERATIONS: Lakeside is taking a property that is currently idle and adding capital investment and hiring new employees. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to locate and thrive in Corpus Christi. EMERGENCY / NON - EMERGENCY: Non- Emergency DEPARTMENTAL CLEARANCES: Type A Board FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget _ Encumbered / Expended Amount This item 150,000 150,000 BALANCE 150,000 _ 150,000 Fund(s): Type A Fund Comments: This will come from the Type A fund. RECOMMENDATION: Staff recommends approval of a grant for $150,000 for job creation and capital investment by Lakeside Steel Texas. UST OF SUPPORTING DOCUMENTS: Business Incentive Agreement Ordinance Resolution Agreement between the City and Business and Job Development Corporation Approvals: Brian Narvaez, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Interim Assistant City Manager —140— BUSINESS INCENTIVE AGREEMENT. BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND LAKESIDE STEEL TEXAS, INC. FOR CREATION OF JOBS This Business Incentive Agreement ( "Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and Lakeside Steel Texas Inc., a Delaware corporation ( "Lakeside "). WHEREAS, the Texas Development Corporation Act, now codified as Title 12, Subtitle C1 (Chapters 501 — 507) of the Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their residents; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors ( "Board "); WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the residents of the City; WHEREAS, the Board amended the Corporation's Guidelines and Criteria for Granting Business Incentives on October 18, 2010; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on November 9, 2010; WHEREAS, Section 501.073 of the Texas Local Government Code requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, Lakeside has acquired an existing non - operating pipe finishing facility ( "Facility ") and will invest in new equipment and hire new employees; WHEREAS, Lakeside proposes to invest approximately $1.4 million over a five year period in furniture, fixtures, and equipment; WHEREAS, the Board has determined (i) that it is in the best interests of the residents of the City to provide business development funds to Lakeside, through this Agreement, to partially offset the costs of building improvements, computer purchases, office stations, furniture and fixtures, and (ii) that this Agreement will result in the creation of up to sixty (60) new full -time permanent jobs in the City, with an estimated annual average gross salary of $23,000.00. In consideration of the covenants, promises, and conditions stated in this Agreement, the Corporation and Lakeside agree as follows: Pagel of 10 BUSINESS INCENTIVE AGREEMENT Lakeside Steel - Execution Copy —141— 1-. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for five years beginning on the Effective Date. 3. Performance Requirements and Grants. a. Lakeside's performance requirements: (1) During the first year, Lakeside shall (i) invest at least $1.4 million on furniture, fixtures, and equipment and (ii) employ at least fifty (50) new employees with an average annual gross salary of at least $23,000 per employee. (2) During the second year, Lakeside shall (i) retain at least fifty (50) existing employees with an average annual gross salary of at least $23,000 per existing employee and (ii) employ at least ten (10) new employees with an average annual salary of at least $23,000 per new employee. (3) During the third year, Lakeside shall retain at least sixty (60) existing employees with an average annual gross salary of at least $23,000 per existing employee. (4) During the fourth year, Lakeside shall retain at least sixty (60) existing employees with an average annual gross salary of at least $23,000 per existing employee. (5) During the fifth year, Lakeside shall retain at least sixty (60) existing employees with an average annual gross salary of at least $23,000 per existing employee. (6) Lakeside shall annually report its actual investments within the City and provide documentation to support its report to the Corporation. b. Corporation's Grants. The Corporation will grant Lakeside up to $150,000 under the following conditions: (1) If Lakeside, during the first year, (i) invests at least $1.4 million on furniture, fixtures, and equipment and (ii) employs at least fifty (50) new employees with an average annual gross salary of at least $23,000 per new employee, the Corporation will grant Lakeside $30,000. (2) If Lakeside, during the second year, (i) retains at least fifty (50) existing employees with an average annual gross salary of at least $23,000 per existing employee and (ii) employs at least ten (10) new employees with an average annual gross salary of at least $23,000 per new employee, the Corporation will grant Lakeside $30,000. Page 2 of 10 BUSINESS INCENTIVE AGREEMENT Lakeside Steel - Execution Copy —142— (3) If Lakeside, during the third year, retains at least sixty (60) existing employees with an average annual gross salary of at least $23,000 per existing employee, the Corporation will grant Lakeside $30,000. (4) If Lakeside, during the fourth year, retains at least sixty (60) existing employees with an average annual gross salary of at least $23,000 per existing employee, the Corporation will grant Lakeside $30,000. (5) If Lakeside, during the fifth year, retains at least sixty (60) existing employees with an average annual gross salary of at least $23,000 per existing employee, the Corporation will grant Lakeside $30,000. (6) If Lakeside does not create the minimum number of new jobs or maintain the minimum number of jobs for any given year, as shown in the chart below, the Corporation will not award a grant to Lakeside for that calendar year. Minimum Minimum Number of New Number of Year Jobs Retained Jobs 1 50 0 2 10 50 3 0 60 4 0 60 5 0 60 (7) If Lakeside does not make the annual minimum capital investment in construction of facilities or acquisition of furniture, fixtures, and equipment in any year as required by Section 3.a.(1), the Corporation will not award a grant to Lakeside for that calendar year. 4. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages as required by Section 501.162 of the Texas Local Government Code, as amended, which is the median entry level wage of the occupation in the Corpus Christi MSA as determined by the Texas Workforce Commission's Texas Industry Profiles report. b. A full -time job is one that meets the criteria submitted by the Corporation. c. Lakeside agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by Lakeside. Page 3 of 10 BUSINESS INCENTIVE AGREEMENT Lakeside Steel - Execution Copy —143— d. Lakeside agrees to provide the Corporation with a sworn certificate by an authorized representative certifying the number of full -time permanent employees employed by Lakeside. e. Lakeside shall ensure that the Corporation is allowed reasonable access to personnel records under this Agreement. 5. Buy Local Provision. a. Lakeside agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50- mile radius of Nueces County. 6. Warranties. Lakeside warrants and represents to Corporation the following: a. Lakeside is a corporation duly organized, validly existing, and in good standing under the laws of the State of Delaware, has all corporate power and authority to carry on its business as presently conducted in the City. b. Lakeside has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Lakeside has timely filed and will timely file all local, state, and federal tax reports and returns required by law to be filed, and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. Lakeside has received a copy of the Texas Development Corporation Act, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under state law and by the terms of this Agreement. e. The parties executing this Agreement on behalf of Lakeside are duly authorized to execute this Agreement on behalf of Lakeside. 7. Compliance with Laws. Lakeside shall observe and obey all applicable federal, state, and local laws, ordinances, regulations, and rules. 8. Non-Discrimination. Lakeside covenants and agrees that Lakeside will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. Page 4 of 10 BUSINESS INCENTIVE AGREEMENT Lakeside Steel - Execution Cop y —144— 9. Force Majeure. If the Corporation or Lakeside are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Lakeside are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment. Lakeside may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and the City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 11. INDEMNITY. LAKESIDE COVENANTS TO FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CORPORATION, THE CITY, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AND AGENTS ( "INDEMNITEES ") AGAINST ALL LIABILITY, DAMAGE, LOSS, CLAIMS DEMANDS, AND ACTIONS OF ANY KIND ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITING THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH LAKESIDE'S ACTIVITIES CONDUCTED UNDER OR INCIDENTAL TO THIS AGREEMENT, INCLUDING ANY INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF ANY OR ALL OF THE INDEMNITEES. LAKESIDE MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED ON THOSE CLAIMS AND DEMANDS WITH COUNSEL SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND ARISING FROM THE LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. 12. Events of Default. The following events constitute a default of this Agreement: a. Failure of Lakeside to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement, other than the requirement to create a minimum number of new jobs or maintain a minimum number of jobs in any specific year. However, the minimum number of new jobs must be created and the minimum number of jobs maintained by the end of the contract term. b. The Corporation or the City determines that any representation or warranty on behalf of Lakeside contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; Page 5 of 10 BUSINESS INCENTIVE AGREEMENT Lakeside Steel - Execution Copy —145— c. Any judgment is assessed against Lakeside or any attachment or other levy against the property of Lakeside with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. d. Lakeside makes an assignment for the benefit of its creditors. e. Lakeside files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. The taxes owed by Lakeside become delinquent, and Lakeside fails to timely and properly follow the legal procedures for protest or contest. g. Lakeside changes the general character of its business as conducted as of the date this Agreement is approved by the Corporation. 13. Notice of Default. Should the Corporation or the City determine that Lakeside is in default according to the terms of this Agreement, the Corporation or City shall notify Lakeside in writing of the event of default and provide sixty (60) days from the date of the notice ( "Cure Period ") for Lakeside to cure the event of default. 14. Results of Uncured Default. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Lakeside, as determined by the Board, the following actions must be taken for any default that remains uncured after the Cure Period. a. Lakeside shall immediately repay all funds paid by the Corporation under this Agreement. b. Lakeside shall pay the Corporation for the reasonable attorney fees and costs of court incurred by the Corporation to collect amounts due. c. The Corporation shall have no further obligations to Lakeside under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 15. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. Page 6 of 10 BUSINESS INCENTIVE AGREEMENT Lakeside Steel - Execution Copy —146— c. Any waiver or indulgence of Lakeside's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Lakeside is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but the Corporation may at any time avail itself of any rights or remedies or elect to terminate this Agreement on account of the default. 16. Limitation of Liability. Lakeside specifically agrees that the Corporation shall only be liable to Lakeside for the actual amount of the money grants to be conveyed to Lakeside, and shall not be liable to Lakeside for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by the Corporation under the terms of this Agreement. Payment by the Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the term of this Agreement. The Corporation shall use its reasonable best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with the Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less the Corporation's customary and usual costs and expenses, as compared to each contracting party's grant amount for that year, and the Corporation shall not be liable for any deficiency at that time or at any time in the future. In this event, the Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Lakeside to be accompanied by all necessary supporting documentation. 17. Notices. a. Any required written notices shall be sent by United States certified mail, postage prepaid, addressed as follows: Lakeside: City: Lakeside Corporation 4400 Post Oak Parkway Houston, TX 77027 City of Corpus Christi Business and Job Development Corporation Attn.; Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent to the City at the following address: Page 7 of 10 BUSINESS INCENTIVE AGREEMENT Lakeside Steel - Execution Copy —147— City of Corpus Christi Attn.: City Manager P.Q. Box 9277 Corpus Christi, Texas 78469 -9277 c. Notice is effective upon deposit in the United States mail if sent in the manner provided above. 18. Incorporation of Other Documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives, as amended, are incorporated into this Agreement. 19. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 20. Relationship of Parties. In performing this Agreement, both the Corporation and Lakeside 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. 2L Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 22. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. Page 8 of 10 BUSINESS INCENTIVE AGREEMENT Lakeside Steel - Execution Co 24. Sole Agreement, This Agreement constitutes the sole agreement between the Corporation and Lakeside. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 25. Survival of Terms of Agreement and Obligations of Parties. The terms of this agreement and the obligation of the parties relating to Sections 14.a and 14.b shall survive the termination of this Agreement. Corpus Christi Business & Job Development Corporation B y: Eloy Salazar President Date: Attest: By: Armando Chapa Assistant Secretary Page 9 of 10 BUSINESS INCENTIVE AGREEMENT Lakeside Steel - Execution Copy —149— Lakeside Steel Texas Inc. B y: Date: President Oct (f r It THE STATE OF TEXAS COUNTY OF HARRIS „This ins ent 7 acknowledged before me one C ` - a J r it , 2011, by trj-Bee , President of Lakeside Steel Texas, Inc., a Delaware corporation, on behalf of the corporation. 6,/ructcAgecii, Notar State of Texas �a�y i�,gyp,,tlUCH .o .` g TE°v :' Page 10 of 10 BUSINESS INCENTIVE AGREEMENT Lakeside Steel - Execution y —Co 150— Page 1 of 2 Ordinance appropriating $150,000 from the Unreserved Fund Balance in the No. 1140 Business /Job Development Fund for a grant from the Corpus Christi Business and Job Development Corporation Major Business Incentives to Lakeside Steel Texas Inc. for development of a new pipe threading facility; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $150,000; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $150,000 from the Unreserved Fund Balance in the No. 1140 Business /Job Development Fund is appropriated for a grant from the Corpus Christi Business and Job Development Corporation Major Business Incentives to Lakeside Steel Texas Inc. for development of a new pipe threading facility. SECTION 2. That the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 is changed to increase appropriations by $150,000. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2011. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED AS TO FORM: /1%ava,vtheri o , 2011. Assistant City Attorney For City Attorney 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. Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott Page 1 of 2 Resolution approving the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Board ") and Lakeside Texas Steel Inc. ( "Lakeside "), which provides a grant of $150,000 for development of a new pipe threading facility; and authorizing the City Manager or designee to execute the Business Incentive Project Service Agreement with the Type A Board for the implementation and administration of the Business Incentive Agreement. WHEREAS, the Type A Board has budgeted funds to assist businesses in the City of Corpus Christi, Texas ( "City "); WHEREAS, the Business Incentive Project Service Agreement between the City and the Type A Board provides for the implementation and administration of the Business Incentive Agreement between the Type A Board and Lakeside, which provides a grant of $150,000 for expansion of Lakeside's existing facility; and WHEREAS, the City Council has determined that it is in the best interest of the City and its residents to approve the Business Incentive Project Service Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Business Incentive Agreement, which is attached to this Resolution as Exhibit A, between the Type A Board and Lakeside, which provides a grant of $150,000 for development of a new pipe threading facility, is approved. SECTION 2. That the City Manager or designee is authorized to execute the Business Incentive Project Service Agreement, which is attached to this Resolution as Exhibit B, with the Type A Board for the implementation and administration of the Business Incentive Agreement. Attest: City of Corpus Christi Armando Chapa City Secretary Joe Adame Mayor Approved: 2 $ day of gcyt.,?an , 2011. L. Brian Narvae Assistant City Attorney For City Attorney Page2of2 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 BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT LAKESIDE STEEL TEXAS, INC. This Business Incentive Project Service Agreement ( "Project Service Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and the City of Corpus Christi, Texas ( "City"). WHEREAS, the Texas Development Corporation Act, now codified as Title 12, Subtitle C1 (Chapters 501 - 507) of the Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their residents; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one- eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the Texas Comptroller, effective April 1, 2003, to be administered by the Corporation's Board of Directors ( "Board "); WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the residents of the City; WHEREAS, the Board amended the Corporation's Guidelines and Criteria for Granting Business Incentives ( "Guidelines ") on October 18, 2010; WHEREAS, Section 501.073 of the Texas Local Government Code, requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the City Council approved the amended Guidelines on November 9, 2010; WHEREAS, Lakeside Steel Texas, Inc. ( "Lakeside ") has submitted a proposal to the Corporation for a grant, that can be up to $150,000 depending on the number of retained and new jobs created, for investment in building improvements, computer purchases, office stations, furniture and fixtures; WHEREAS, the Board has determined that it is in the best interests of the residents of the City to provide business development funds to Lakeside; and WHEREAS, the Corporation and Lakeside have executed that certain Business Incentive Agreement Between the Corporation and Lakeside for the creation of jobs ( "Business Incentive Agreement "). In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Corporation and the City hereby agree as follows: Page 1 of 3 -155- 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Corporation is executed to implement the Business Incentive Agreement. 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by the City Council. 5. Effective Date. The effective date of this Project Service Agreement is the latest date that either party executes this Project Service Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. Page 2 of 3 —156— 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI BUSINESS & JOB DEVELOPMENT CORPORATION Ronald L. Olson Eloy Salazar City Manager President Date: Date: Attest Armando Chapa City Secretary Approved as to Legal Form: , 2011. L. Brian Narvaez Assistant City Attorney for City Attorney Page 3 of 3 —157— 16 AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: 11/8/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Engineering Services petean ©cctexas.com (361) 826 -3781 RESOLUTION AUTHORIZING INTERLOCAL AGREEMENT WITH NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 3 County Road 69 from FM 624 to the north side of River Way Road AGENDA ITEM: Resolution authorizing the City Manager, or designee, to execute an Interlocal Agreement with the Nueces County Water Control and Improvement District No. 3 related to the construction improvements along County Road 69, Project # 6507, and the District's irrigation canal contiguous to the roadway. BACKGROUND AND FINDINGS: The City is constructing improvements to County Road 69 between FM 624 and County Road 52 which includes reconstruction of the pavement with 5 foot wide shoulders on each side and a designated right turn lane at FM 624. The additional pavement width is adjusted primarily toward the irrigation canal bank which concerns the Nueces County Water Control and Improvement District No. 3 (NCWCD #3) for two reasons. The concerns are possible adverse affects to the structural integrity of the berm along the canal resulting from construction activity and the possibility of vehicles entering the canal. To address the concerns raised by the NCWCD #3 the City has engaged Rock Engineering and Testing Laboratories (RETL) to analyze the structural integrity of the canal berm to ensure that the construction has not compromised its stability. The City has also proposed to build a header curb with footings to deter vehicles from entering the canal. ALTERNATIVES: If the Council decides not to execute this Interlocal Agreement with the Nueces County Water Control and Improvement District No. 3 it is possible that the City will be engaged in future litigation.. OTHER CONSIDERATIONS: The contractor, Bay, Ltd., is currently on site completing construction on County Road 69 and County Road 52. The proposed header curb can be included in a change order to this project cost effectively since the contractor will not have to mobilize separately. ICIENGINEERING DATAEXCHANGEIVELMAPISTREE71647 i COUNTY ROAD 52, 6547 6916547 COUNTY ROAD 69 INTERLOCAL AGREEMENT NUECES COUNTYAAGENDA ITEM.00C CONFORMITY TO CITY POLICY: Not applicable. EMERGENCY /NON- EMERGENCY: Not app. pplicable. DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $0.007 Encumbered / Expended Amount This item $0.00 $0.0O BALANCE $0.00 $0.00 Fund(s): Comments: This agreement does not require any payment to the Nueces County Water Control and Improvement District No. 3. RECOMMENDATION: It is recommended to execute an Interlocal Agreement with the Nueces County Water Control and Improvement District No. 3 related to the construction improvements along County Road 69, Project # 6507, and the District's irrigation canal contiguous to the roadway. LIST OF SUPPORTING DOCUMENTS: Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager KAENGINEERING DATAEXCHANGENELMAP4STREET16471 COUNTY ROAD 52, 6507 GeI^&— - J7 COUNTY ROAD 09 INTERLOCAL AGREEMENT NUECES COUNTYL4GENDA ITEM.DOG \ Mproject \councilexhrbits \exh6507rw. d wg RIVER CANy v nDR CALALLEN HIGH SCHOOL LOCATION MAP NOT TO SCALE PROJECT #6547 COUNTY ROAD 69 FROM 624 TO THE NORTH SIDE OF RIVERWAY ROAD CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 7 of 1 DATE: 11/08/2011 163 Resolution authorizing the City Manager, or designee, to execute an Interlocal Agreement with the Nueces County Water Control and Improvement District No. 3 related to the construction improvements along County Road 69, Project # 6507 and the District's irrigation canal contiguous to the roadway. NOW, THEREFORE, 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 an Interlocal Agreement with the Nueces County Water Control and Improvement District No. 3 (District) related to the construction improvements along County Road 69, Project # 6507 and the District's irrigation canal contiguous to the roadway. Section 2. The City Manager or designee is authorized to execute all related documents necessary to administer said Interlocal Agreement, including non substantial amendments thereto. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS O FORM. 20 -Oct -11 Nemtkak- Veronica Ocanas Assistant City Attorney for City Attorney Joe Adame Mayor J: 1.ENGti1 AGENDA ITEM 51201111115111111511 RESO Interlocal NCWCID #3 - County Road 69 Project # 6507.docx —164— Corpus Christi, Texas of , 2011 The above resolution 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 J:11.ENG11 AGENDA 1 T E M S1201111115111111511 RESO 1nterlocal NCWCID #3 - County Road 69 Project# 6507.docx —165— COUNTY ROAD 69 IRRIGATION CANAL • INTERLOCAL AGREEMENT THE STATE OF TEXAS .¢ KNOW ALL MEN BY THESE PRESENTS: COUNTY OP NUECES § IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN .MADE THE PARTIES AGREE AS FOLLOWS: Section 1. Parties. This agreement is made and entered into by and between the City of Corpus Christi, Texas, hereinafter referred to as "City ", and the Nueces County Water Control and Improvement District No, 3, hereinafter referred to as "District ". Section 2. Authority. This Agreement is made under the authority of Section 791.011 (a) Government Code. Section 3. Current Revenues. Each governing body, in performing governmental function or in paying for the performance of govenunental functions hereunder, shall make that performance or those payments from current revenues legally available to that party. Section 4. Findings. 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 responsibilities and costs fairly compensates the performing party for the services or functions of this Agreement. Section S. Service to be provided. (a) City,' i ter- is in the process of rebuilding County Road 69, a public roadway inNueces County, Texas. As a result the City will remove and replace the existing two lane roadway with a three land roadway containing two lanes of travel and a center turn lane. In rebuilding County Road 69, the City will encroach upon the irrigation canal owned and maintained by the District to provide irrigation water to the owners and occupants of lands.Iying contiguous to County Road 69. . (b) The District has been formed pursuant to the Article III, Section 52 of the Texas Constitution and has as one of its responsibilities the reclamation and irrigation of its arid, semiarid and other lands which need irrigation. The District owns and maintains one or more canals for the delivery of water for irrigation including an irrigation canal contiguous to County Road 69 established to provide irrigation water to the owners and occupants of lands lying contiguous to County Road 69. The District is concerned that the rebuilding of County Road 69 in the location proposed by the City could adversely affect the .structural integrity of the berm on the west side of the irrigation canal. The. District is further concerned that the proposed reconstructed County Road 69 could create a risk of motor vehicles driving into the irrigation canal because of its close proximity to said road creating potential problems for the District with the Texas Commission on Environmental Quality, the state agency that regulates the District as it supplies all water to its customers located in its certificated area. Keade.r (c) The City, at no expense to the District, will provide a curb with footings at a depth necessary to protect the structural integrity of the berm along the canal contiguous with CR 69 from the intersection of Farm to Market Road 624 to River Way Road (Bearing 34 + 00) or the City will provide the roll curb and railings along the canal contiguous with CR 69 from the intersection of Farm to Market Road 624 to River Way Road (Bearing 34 + 00). The City and the District agree that these improvements will address the concerns voiced by the District as set forth in paragraph (b) above. The City engineering staff will immediately take the steps to obtain a change order to the existing contract(s) for the reconstruction of County Road 69 so that these improvements can be completed along with the reconstruction of CR 69. •y (d) The District is also aware that there is some concern by the City that a portion of the roadway for CR 69 encroaches on a portion of the right-of-way owned and maintained by the District where the irrigation canal is located. The District staff has obtained the approval of the Board of Directors of the District to waive any claim that the District may have against the City for such encroachment and has further obtained the approval of the Board of Directors for the District Manager, on behalf of the Board of Directors and the District, to execute any and 'ail 'documents necessary to grant, sell and convey to the City an easement and the right and privilege to use any portion of County Road 69 and/or the 'right-of-way owned and maintained by the District for the irrigation canal contiguous to CR 69 for the purpose of constructing, improving and maintaining County Road 69 in Nueces County, Texas. (e) The use of the easement and the right and privilege to use any portion of County Road 69 and/or the right -of -way owned and maintained by the District for the irrigation canal contiguous to CR 69 for the purpose of constructing, improving and maintaining County Road 69 in Nueces County, Texas by the City shall not interfere with the Districts delivery of water for irrigation through the irrigation canal contiguous to County Road 69 to the owners and occupants of lands lying contiguous to County Road 69. (f) The City is not responsible for providing irrigation water to the owner or owners of land lying within the District and contiguous to County Road 69. (g) The District is not responsible for the construction or maintaining' of any portion of County Road 69. Section 6. Term. The original term of this Agreement shall be one year. It is agreed by the parties that this Agreement shall automatically renew for additional one year periods for so long as the City and/or Nueces County, Texas shall own and maintain County Road 69. Section 12. Dispute Resolution. The parties hereto mutually contract and agree that each, every, any and all claims, disputes and/or controversies, now existing or hereafter arising, whether known or unknown, shall be exclusively resolved, as follows: (a) by attempting settlement by mediation, under the Mediation Rules and utilizing a neutral mediator; and, failing settlement by mediation, (b) the parties agree that all claims and disputes, including those of jurisdiction and arbitrability, shall be resolved by neutral binding arbitration by the National Arbitration Forum. orum, under the Code of Procedure in effect at the time any claim is made. Each party shall pay its own costs of arbitration. The parties stipulate that this agreement involves transactions in interstate commerce, is subject to the Federal Arbitration Act, invoke its jurisdiction and agree that any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction.. Section 13. Miscellaneous. (a) This Agreement expresses the entire agreement between the parties. (b) Any modification, amendment, or addition to this Agreement shall not be binding upon the parties unless reduced to writing and signed by the persons authorized to make such agreements on behalf of the respective party. The Effective Date of this Agreement is the A'1 day of September, 2011. City of Corpus Christi, Texas Attest: City Secretary Attest: Di t Secretary Apo:lastLegalb ( 4;INAZIa) Veronica Ocala Assistant City Attorney For City Attorney City Manager Nueces County Water Control & rovement District No. 3 �r$tri• 1: —1 6 9— ager 17 AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: 11/8/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Engineering Services petean @cctexas.com (361) 826 -3781 TI? RESOLUTION AUTHORIZING LOCAL GOVERNMENT AGREEMENT WITH TXDOT SH 357 (Saratoga Boulevard) from Staples Street to Rodd Field Road AGENDA ITEM: Resolution authorizing the City Manager, or designee, to execute a Local Government Agreement to Contribute Funds with the Texas Department of Transportation for acquisition of right -of -way and adjustment of utilities for a highway project on State Highway 357 (Saratoga Boulevard) from Staples Street to Rodd Field Road with the City's participation in the amount of $1,500 which represents 10% of the estimated total cost of the right -of -way ($15,000). BACKGROUND AND FINDINGS: The proposed project is a TXDOT traffic signal project at the intersection of Patti Drive and State Highway 357 (Saratoga Boulevard). TXDOT proposes to acquire corner clips at this intersection to allow for future relocation of utilities and to remove obstructions for clear vision. TXDOT will assume responsibility for acquisition of all necessary right -of -way and adjustment of utilities for this project. The City of Corpus Christi will contribute $1,500 which represents 10% of the estimated total cost of the right -of -way ($15,000) however, if it is found that this amount is insufficient, after receiving written notification, the City will transmit to TXDOT, the additional funds required. The City's portion of $1,500 for right-of-way acquisition for the traffic signal at Patti Drive on State Highway 357 (Saratoga Boulevard) which is an on- system location is due upon City execution of the Advance Funding Agreement. ALTERNATIVES: TXDOT will not be able to acquire the necessary right -of -way at Patti Drive and State Highway 357 (Saratoga Boulevard) without the agreement in place. OTHER CONSIDERATIONS: This right -of -way needs to be acquired by TXDOT to ensure unobstructed vision at the intersection which will improve safety for the traveling public. KLENGINEERING DATAEXCHANGEIVELMAPISTREET1648B TRAFFIC SIGNALS NEW ANJ7 s�'}y_ ° ^ " "- ,TIONILOCAL GOVERNMENT AGREEMENT Sli 357 SARATOGA FROM STAPLES TO RODD FIELDUiGENDA ITEM.DOC — 1 3 CONFORMITY TO CITY POLICY: Conforms to statutes regarding RFQ No. 2008 -05 Bond issue 2008 Projects; FY 2011 -12 Capital Budget. EMERGENCY / NON- EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: CIP Fiscal Year: 2011 - 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $0.00 Encumbered 1 Expended Amount This item $1,500.00 $1,500.00 BALANCE $(1,500.00) $(1,500.00) Fund(s): Street Comments: TXDOT will refund any excess amount paid by the City. RECOMMENDATION: It is recommended to execute a Local Government Agreement with the Texas Department of Transportation (TXDOT) to contribute funds for acquisition of right -of -way and adjustment of utilities for a highway project on SH 357 (Saratoga Boulevard) from Staples Street to Rodd Field Road. LIST OF SUPPORTING DOCUMENTS: Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager KIENGINEERING DATAEXCHANGEIVELMAPISTREET1E10226 SH 357 sARATOGA FRRe,1Ioa "�.'= —f` kr DO FIELDLLOCAL GOVERNMENT AGREEMENT SH 357 SARATOGA FROM STAPLES TO ROOD FIELDLAGENDA ITEM.DOC I l File : \ Mproject \councilexhibits \exhE10226b.dwg .NVECES may CORPUS c t' jsii RAY PROJECT #E10226 LOCATION MAP NOT TO SCALE FLOUR BLUFF EXHIBIT "J" SH 357 (SARATOGA BOULEVARD) FROM STAPLES STREET TO RODD FIELD ROAD CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 11/08 /2011 -175- Resolution authorizing the City Manager or designee to execute a Local Government Agreement to Contribute Funds with the Texas Department of Transportation for acquisition of right-of-way and adjustment of utilities for a highway project on State Highway 357 (Saratoga Boulevard) from Staples Street to Rodd Field Road with the City's participation in the amount of $1,500 which represents 10% of the estimated total cost of the right -of -way ($15,000). NOW, THEREFORE, 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 a Local Government Agreement to Contribute Funds with the Texas Department of Transportation for acquisition of right -of -way and adjustment of utilities for a highway project on State Highway 357 (Saratoga Boulevard) from Staples Street to Rodd Field Road with the City's participation in the amount of $1,500 which represents 10% of the estimated total cost of the right -of -way ($15,000). Section 2. The City Manager or designee is authorized to execute all related documents necessary to administer said Local Government Agreement to Contribute Funds, including non substantial amendments thereto. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS T FORM: 13 -Oct -11 Veronica Ocanas Assistant City Attorney for City Attorney Joe Adame Mayor J:11.ENG11 AGENDA ITEM S12011111 06111114811 RESO to Contribute Funds for SH 357 with city participation of 1,500.docx -176- Corpus Christi, Texas of , 2011 The above resolution 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 J:11.ENG11 AGENDA ITEM S12011\1108111110811 RESO to Contribute Funds for SH 357 with city participation of 1,500.docx -177- Form ROW -RM -129 Replaces Form ROW -RM -129 and ROW -RM -130 (Rev. 6/2006) GSD-EPC Page 1 of 2 AGREEMENT TO CONTRIBUTE FUNDS - LOCAL GOVERNMENT County: NUECES District: CORPUS CHRISTI Federal Project No: N/A ROW CSJ No: 1069 -01 -032 Highway: SH 357 Const CSJ No: 1069 -01 -030 This Agreement by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State, and the City of Corpus Christi, Texas, acting by and through its duly authorized officials pursuant to an Ordinance or Order dated the day of , 2011, hereinafter called the Local Government, shall be effective on the date of approval and execution by and on behalf of the State. WHEREAS, the State and the Local Government hereby agree to enter into a contractual agreement to acquire right of way and adjust utilities for a highway project on State Highway No. 357 with the following project limits: From: On Saratoga From Staples St. To: Rodd Field Rd.; and WHEREAS, the Local Government requests that the State assume responsibility for acquisition of all necessary right of way and adjustment of utilities for said highway project; and WHEREAS, the Local Government desires to voluntarily contribute to the State funding participation as defined in 43 TAC, §15.55 for the cost of acquiring said right of way and relocating or adjusting utilities for the proper improvement of the State Highway System; NOW,'1'IiEREFORE, in consideration of the foregoing premises and the mutual benefits to be derived therefrom, the Local Government shall contribute to the State an amount equal to ten percent (10 %) of the cost of the right of way to be acquired by the State and shall transmit to the State with the return of this agreement, duly executed by the Local Government, a warrant or check in the amount of Fifteen Hundred and No /100 Dollars ($ 1,500.00 ), which represents ten percent (10 %) of Fifteen Thousand and No /100 Dollars ($15,000.00), the estimated total cost of the right of way. If however, it is found that this amount is insufficient to pay the Local Government's obligation, then the Local Government will within thirty (30) days after receipt of a written request from the State for additional funds, transmit to the State such supplemental amount as is requested. The cost of providing such right of way acquired by the State shall mean the total value of compensation paid, either through negotiations or eminent domain proceedings, to the owners for their property interests, plus costs related to the relocation, removal or adjustment of eligible utilities. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a warrant or check made payable to the "Texas Department of Transportation Trust Fund." The warrant or check shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to this highway project. Upon completion of the highway project and in the event the total amount as paid by the Local Government is more than ten percent (10 %) of the actual cost of the right of way, any excess amount will be returned to the Local Government by the State, or upon written request of the Local Government, the excess amount may be applied to other State highway projects in which the Local Government is participating. -178- Form ROW -RM -129 (Rev. 6/2006) Page 2 of 2 In the event any existing, future, or proposed Local Government ordinance, commissioners court order, rule, policy, or other directive, including, but not limited to, outdoor advertising or storm water drainage facility requirements, is more restrictive than State or federal regulations, or any other locally proposed change, including, but not limited to, plats or re- plats, results in any increased costs to the State, then the Local Government will pay one hundred percent (100 %) of all such increased costs, even if the applicable county qualifies as an economically disadvantaged county. The amount of the increased costs associated with the existing, future, or proposed Local Government ordinance, commissioners court order, rule, policy, or other directive will be determined by the State at its sole discretion. The Local Government shall maintain all books, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State and, if federally funded, the Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this agreement or until any impending litigation, or claims are resolved. Additionally, the State and FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. The State auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the State auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. lift LOCAL GOVERNMENT EXECUTION RECOMMENDED: By: Title: Date: Approved as to Legal form: 42:11" qtAkt/i4,u0,/� Veronica Ocaiias Assistant City Attorney For City Attorney —179— Nelda R. Eureste Right of Way Manager, South Region Date: THE STATE OF TEXAS Executed and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: John P. Campbell, P.E. Right of Way Division Director Date: 18 AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: 10/27/2011 TO: Ronald L. Olson, City Manager FROM: Celia Gaona, City Auditor 826 -3659 celiag @cctexas.com CAPTION: Approval of Amendment to City Auditor Ordinance; Approval of Budget Amendment; Approval of Annual Audit Plan A. Ordinance amending Ordinance No. 029171 regarding City Auditor; establishing a Council Audit Committee; providing for severance; and providing for publication. B. Ordinance appropriating $15,165 from the Unreserved Fund Balance in the No. 1020 General Fund for Internal Audit department personnel, software and remodeling expenses; and changing the FY 2011- 2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $15,165. C. Ordinance to approve the Annual Audit Plan for FY 2011 -2012. BACKGROUND AND FINDINGS: On November 2, 2010, voters approved an amendment to the City Charter adding the position of City Auditor who shall be appointed by and report to the City Council. Article 11, Section .29 (b) of the City Charter provides that the City Auditor shall report to the City Council and have such duties, responsibilities, and staff as determined by ordinance, including the responsibility to conduct, or cause to be conducted, financial, performance, investigative, and other audits following government auditing standards as promulgated by the Comptroller General of the United States. On July 20, 2011, City Council approved an amendment to the Code of Ordinance adding Chapter 12 1/2 City Auditor. Chapter 12 Y2 provides for the hiring and qualifications of the City Auditor; preserves the Auditor's Independence; providing access to City records; determines distribution of audit reports; establishes the powers and duties; and provides for a peer review. On July 26, 2011, City Council approved Ordinance 029155 adopting the City budget for fiscal year 2012, appropriating $259,914 for the Internal Audit - Department. In furtherance of the establishment of the Internal Auditor Department, the City Auditor is: A. recommending an amendment to Chapter 12 1/2 City Auditor Ordinance to further define the role and oversight of the City Auditor and the Internal Audit Department; B. requesting to increase the Internal Audit Department budget by $15,165 for personnel, software, and remodeling expenses; C. presenting the Fiscal Year 2012 Audit Plan for City Council approval, which has been presented to and —183— approved by the Administrative Committee on October 25, 2011. ALTERNATIVES: NA OTHER CONSIDERATIONS: NA CONFORMITY TO CITY POLICY: Conformance with City Charter provision regarding Internal Auditor. EMERGENCY / NON-EMERGENCY: Non - Emergency two readings DEPARTMENTAL CLEARANCES: Council Administrative Committee FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 15,165 15,165 BALANCE undls }: Comments: See Exhibit A RECOMMENDATION: Approval of Ordinances as presented. LIST OF SUPPORTING DOCUMENTS: Exhibit A - Revised Budget Request Exhibit B - Ordinance Amending City Auditor Ordinance No. 029171. Exhibit C - Ordinance appropriating$15,165 to increase the Internal Audit department budget. Exhibit D - Ordinance to approve the Annual Audit Plan for FY 2011 -2012. Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget —184— Exhibit A Internal Audit Department Revised budget Request for FY 2012 Original budget for FY 2012 259,914 Add: Executive Assistant Position 21,500 1 Audit Software Purchase 16,700 2 Cost of Remodeling Audit department 8,000 Adjustments of under budgeted line items 8,900 4 subtotal 55,100 Less: Expected Salary Savings (39,935) Net difference 15,165 Revised budget for FY 2012 275,079 1 Estimated salary ($30,000) plus retirement is prorated for 15 pay periods in FY 2012 2 Software purchase includes the cost of three licenses for data analysis software, audit management software, and flowcharting software 3 Estimated cost provided by Gina Sanchez, Facility Manager a Line items adjusted were office supplies; membership, licenses, and dues; training and travel -185- Exhibit B Ordinance amending Ordinance No. 029171 regarding City Auditor; establishing a Council Audit Committee; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 1 Section 1. Ordinance No. 029171 regarding City Auditor is amended to read as follows: "Sec. 121/2-1. - Establishment of the office of City Auditor. (a) There is hereby established the Office of the City Auditor, which shall be directed by the City Auditor who shall be appointed by affirmative vote of a majority of the entire membership of the City Council. (b) The City Auditor must: (1) Be a person knowledgeable in performance and financial auditing, public administration, and public financial and fiscal practices; (2) Be licensed as a certified public accountant or certified internal auditor; and (3) Exercise due professional care in carrying out his or her responsibilities, and provide reasonable assurance that due professional care will be employed in conducting audits. The City Auditor will establish audit policies and procedures consistent with Government Auditing Standards, established by the Comptroller General of the United States, as well as applicable laws and regulations. (c) The City Auditor's compensation shall be fixed by the City Council, (Ord. No. 029171, § 1, 8 -23 -2011) Sec. 121/2 -2. - independence, objectivity, and audit standards. (a) The organization and administration of the auditor's office shall be sufficiently independent to assure that no interference or influence shall adversely affect an independent and objective judgment of the auditor. (b) The Office shall be provided a discrete budget sufficient to carry out the responsibilities and functions established in this chapterordinance and to ensure appropriate professional development, continuing professional education, and compliance with applicable certification requirements. (c) The City Auditor shall establish an organizational structure appropriate to carrying out the responsibilities and functions of this chapter. (d) No person shall be appointed to the position of City Auditor who has been mayor, council member, or City Manager of the city during a period of five (5) years prior to the date of the City Auditor's appointment. in no case shall the City Auditor be related, by affinity or consanguinity within the second degree, to the mayor, any council member or J;ILISA1201 1 OrdinancelAuditor Ordinance Amendment v3 November 3.doc —186— 2 the City Manager. (e) The City Auditor shall not be actively involved in partisan political activities of the City of Corpus Christi. (f) Neither the City Auditor nor any member of the Office staff shall conduct or supervise an audit of an activity for which they were responsible or within which they were employed during the preceding two (2) years. (g) The City Auditor shall adhere to Government Auditing Standards, insofar as possible, when conducting the City Auditor's work and will be independent as defined by those standards. (h) The responsibility for selection of audit areas shall initiate with the City Auditor, with due consideration of the interests and concerns of the City Council and City Manager. To accomplish this: (1) No less than thirty (30) days prior to the beginning of each fiscal year the City Auditor shall submit an annual audit plan to the City Council through the Council 4ministr.-.tiye Audit Committee for review and comment. The plan shall ire identify each audit to be conducted in terms of the department, organizations, services, programs, functions, and activiticyor policy to be audited and in terms of the potential audit elements audit objectives to be addressed. The Council Administrative Audit Committee shall forward the plan to the City Council for City Council review and final approval. (2) The annual audit plan may be amended during the year, following notification of the Council Administrative Audit Committee and due provision for comment. Such amendments may be initiated by the City Auditor, or requested by the Council Administrative Audit Committee, or the City Manager, or City Manager's designee; any amendments to the annual plan must be reviewed by and approved by city seunsifthe Audit Administrative Committee, with written notice of such chanoies to the full City Council in a timely manner; (3) Results of special audits shall be distributed in the same manner as all other audit reports, as provided in section 1.2- 1/2-5, preparation and release of reports, of this chapter. (4) If the City Auditor determines that there is serious concern regarding fraud, abuse, or illegality, or that the scope of an audit in progress should be expanded as the result of any findings, the City Auditor is authorized to initiate spontaneously and conduct, or expand the scope of, an audit beyond that approved in the work program. The City Auditor shall notify the Council Administrati-vcAudit Committee of the change. (5) Notwithstanding the calendar identified above in subsection (h)(1), the initial audit plan for remainder of the fiscal year ending July 31, 2012 shall be prepared by the City Auditor and submitted to administratNeAudit committee, for review and comments by administratN°Audit committee, within thirty (30) days of appointment J:lLISA12011 OrdinancelAuditor Ordinance Amendment v3 November 3.doc —187— 3 of City Auditor on or before November 30, 2011. The initial audit plan shall then be submitted to City Council for its review and final approval. (i) Within the budget approval process and personnel policies established by the City Council for all departments, the City Auditor shall have the power to appoint, employ, and remove such assistants, employees, and personnel as he /she may deem necessary for the efficient and effective administration of the affairs of the Office of the City Auditor. All employees• of the City Auditor's Office shall be exempt from classified service. (j) Neither the City Manager, nor Assistant City Managers, nor the Council nor any of its members shall in any manner dictate the appointment or removal of any such officer or employee whom the City Auditor is empowered to appoint, subject to any duly authorized grievance procedure. (k) As provided in the City Charter, Article II, Section 29(a); the City Auditor may be removed only by a majority of the City Council. (Ord. No. 029171, § 1, 8 -23 -2011) Sec. 121/24. Council revicwAdministrative Audit Committee. (a) The Act ni tra Audit Committee will provide guidance to and oversight of the City Auditor's. Office in the performance of its responsibilities. The appointment of four Council Administrative Audit Committee members by the Mayor will be decided annually in August January. The Mayor shall appoint one of the Council Members as the Chairperson. However, if a committee has not been appointed, then the duties of the Council Audit Committee as described in this chapter shall be undertaken by the entire City Council. (b) The City Council shall communicate City Council's expectations and feedback to the City Auditor. The duties of the committee with respect to the City Auditor are described below: a1. To review and provide comments 'regarding the City Auditor's annual work program, to be formally reviewed and approved by City Council each year; l 2. To monitor the city's internal controls through the results of external audits, and internal audits and other activities of the City Auditor; aid 63. To monitor audit results and follow -up activities of the City Auditor;; and 4. To ensure that audit results include recommendations that serve to improve or enhance city operations. (c) The Administrative Audit Committee shall meet as needed to perform its duties but shall meet at least once quarterly. 1. A majority of the members of the Administrative Audit Committee shall constitute a quorum. J:IE_1SA12011 Ordinance Auditor Ordinance Amendment v3 November-3.doc —188— 4 2. The minutes of each meeting are to be prepared and sent to the Committee members and approved at subsequent meetings. 3. In compliance with the Texas Open Meetings Act, the Adminietrativo Audit Committee will hold executive sessions with the City Auditor and external auditors as deemed appropriate. (d) The City Auditor shall have direct communication with the Council Administrativo Audit Committee, and attend all Council Administrative Audit Committee meetings. (Ord. No. 029171, § 1, 8 -23 -2011) Sec. 12 % -4. - Access to records and property. All officers. and- employees, or agents of the City shall provide free and open access to and furnish the City Auditor or employees in the Office of the City Auditor with rerted information,any and all documents including but not limited to records, books, accounts, internal or external memoranda, writings and tapes, reports, vouchers, correspondence files, CDs computer data, bank accounts, reports, funds, money, and other information aed --or property in their custody. Also, such officers, employees, or agents shall fully cooperate with the Office of the City Auditor, and make full disclosure of all known information. In addition, they shall provide access for the City Auditor to inspect all property, equipment, and facilities within their custody and observe any operations for which they are responsible. (Ord. No. 029171, § 1, 8 -23 -2011) Sec. 12'/2 -5. - Preparation and release of reports. (a) Each audit shall result in a report which shall: (1) Be transmitted in draft to the City Manager, who will provide a written response to the City Auditor regarding the audit findings and recommendations within an agreed time frame. The response will indicate agreement or disagreement and reasons for any disagreements, and what actions, if any will be taken. The City Auditor will include the responses in the final report, unless they are not received within the established time frame; (2) Be submitted in final form to the City Council and the City Manager, and shall be retained in the City Auditor's office as a permanent recordin accordance with the City's records management program; (3) Adhere to reporting standards for financial and performance audits as described in Governmental Audit Standards. (b) When appropriate, the City Auditor may issue other reports as needed -which provide information when an audit is not required. These reports present work that is generally advisory in nature. , (Ord. No. 029171, § 1, 8 -23 -2011) J:ILISA12011 Ordinance\Auditor Ordinance Amendment v3 November 3.doc -189- 5 Sec. 121/2 -6. - Powers and duties. (a) The City Auditor shall systematically and continuously examine the works of all city operations to identify opportunities to reduce costs, increase efficiency, quality, and effectiveness, or otherwise improve management of city programs and services. (b) Scope of work. The City Auditor is empowered to conduct performance and other audit work to determine whether: (1) Activities and programs being implemented have been authorized by the council, or some other legal authority, and are being conducted in a manner contemplated to accomplish the objectives intended by the council or other authorizing authority; (2) The effectiveness of organizations, programs, activities, functions or policies, and the extent to which desired results or benefits are being achieved; (3) The audited entity is acquiring, protecting, and using its resources (such as personnel, property, and space) economically and efficiently, and the causes of inefficiencies or uneconomical practices; (4) The audited entity is in compliance with council or other legally imposed mandates regarding efficiency, economy, effectiveness, or expenditure of public funds; (5) Systems of administrative and accounting control have been established by management to effectively, economically, and efficiently carry on the city's operations; (6) Financial and performance reports are being provided that disclose fairly, accurately, and fully all information that is required by law or other established or state criteria that is necessary to ascertain the nature and scope of programs and activities, and that is necessary to establish a proper basis for evaluating the results of programs and activities. (c) Follow -up on audits. The City Auditor shall ensure accountability and implementation of a continuous improvement process by an annual status report of prior audit recommendations. Accordingly: (1) Six (6) months after the transmittal of an audit report to the council, the City. Auditor shall request a status report on actions taken by appropriate officials in response to the audit recommendations; (2) The City Auditor may request additional periodic status reports, and conduct follow -up review as needed; (d) Report of irregularities. If the City Auditor detects apparent violation of law, or apparent instances of misfeasance or nonfeasance by an officer or employee, or information that indicates derelictions may be reasonably anticipated, the auditor shall, after consultation with and advice from the city attorney, immediately report the J:1LJSA12O11 OrdinancelAuditor Ordinance Amendment v3 November 3.doc —190— 6 irregularities to the appropriate authority, including the City Manager. If the irregularity is criminal in nature, the auditor shall also notify the appropriate chief prosecuting attorney. (e) Contract auditors, consultants, and experts. Through appropriate procurement requirements and within the limits of the adopted budget, the auditor may obtain the services of certified or registered public accountants, qualified management consultants, or other professional experts necessary to perform the auditor's duties. (f) The City Auditor shall meet with the external auditors to discuss pertinent matters, review the financial statements, auditors' opinions, and management letters resulting from the annual financial audit. (Ord. No. 029171, § 1, 8 -23 -2011) Sec. 121/2 -7. - Peer review. (a) Authority statement. The City Auditor's Office shall within three (3) years of date of this ordinance [Ordinance No. 029171] be subject to peer review and thereafter not less than once every three (3) years by a professional, non - partisan, objective person or group, comprised of auditors and other professionals with appropriate government auditing expertise and experience. (b) Scope of peer review. The peer review shall determine compliance with Government Auditing Standards and the quality of audit effort and reporting, including: (1) General standards such as staff qualifications, due professional care, and quality assurance; (2) Fieldwork standards such as planning, supervision, and audit evidence; (3) Reporting standards such as report content, presentation, and timeliness. (c) Reporting. A copy of the written report of the peer review shall be furnished to each member of the City Council after review and approval by the Council Administrative Audit Committee. (d) Cost. The cost of the peer review, including reasonable travel and living expenses, shall be paid from funds budgeted specifically in the City Auditor's budget. (Ord. No. 029171, § 1, 8 -23 -2011) Sec. 121/2 -8. - City Auditor vacancy — Selection process. (a) At such times when a vacancy occurs in the Office of the City Auditor, the first principal assistant shall act in the capacity of City Auditor pending the appointment of a new `City Auditor. (b) The council shall appoint an ad hoc nominating committee to recommend to the City Council candidates for City Auditor. The committee shall consist of five (5) members, including a chair and vice -chair selected by majority vote of members, J:IL1SA12011 OrdinancelAuditor Ordinance Amendment v3 November 3.doc –191– 7 meeting the following qualifications: (1) Three (3) members shall be members of the City Council nominated by the Council e -Audit Committee. (2) One (1) member shall be an at large City of Corpus Christi resident. (3) One (1) member shall be the City Manager or his or her designee. (c) The full committee shall, within fifteen (15) days of its appointment, hold its first meeting to consider applicants to serve as City Auditor. Within ninety (90) days of its first meeting, the committee shall recommend to the City Council three (3) candidates selected by a majority of the committee members. The City Council shall, within fifteen (15) days after receipt of the recommendation of three (3) candidates, select a City Auditor. (Ord. No. 029171, § 1, 8 -23 -2011) SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. J:1LISA\2011 OrdinancelAuditor Ordinance Amendment v3 November 3.doc --19 2 — That the foregoing ordinance was read for the first time and passed to its second reading on this the me day of ) vo ve — L _ ; 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: November 3, 2011 By: Lisa Agu r, Assistant City Attorney for the City Attorney Joe Adame Mayor J:1LISA12011 Ordinance\Auditor Ordinance Amendment v3 November 3.doc -193- Exhibit C Ordinance appropriating $15,165 from the Unreserved Fund Balance in the No. 1020 General Fund for Internal Audit department personnel, software and remodeling expenses; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $15,165. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS: SECTION 1. That $15,165 is appropriated from the Unreserved Fund Balance in the No. 1020 General Fund for Internal Audit department personnel, software, and remodeling expenses. SECTION 2. That the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 is changed to increase appropriations by $15,165. That the foregoing ordinance was read f r the first time and passed to its second reading on this the day of %,e,ve- i-- , 2011, by the following vote: Joe Adame 4',f.-- David Loeb Chris N. Adler John E. Marez e. Larry Elizondo Nelda Martinez e Kevin Kieschnick Ai-) Mark Scott —:.7 €_ 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: 27, 2011 By: Lisa Agui1 r) Assistant City Attorney for the City Attorney Exhibit D Ordinance to approve the Annual Audit Plan for FY 2011 -2012. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS: SECTION 1. That the Annual Audit Plan for FY 2011 -2012, copy attached as Exhibit A, is hereby approved. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ©��.v -� , 2011, by the following vote: Joe Adame Chris N. Adler Larry Elizondo Kevin Kieschnick Priscilla G. 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 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: 2-7, 2-a By: Aguil rssistant City Attorney for the City Attorney City of Corpus Christi City Auditor's s Office Proposed Annual Audit Plan Fiscal Year 2012 City .auditors Office October 25, 2011 To: Members of the Administrative Committee City Council Subject: Fiscal Year 2012 Proposed Audit Plan Enclosed is the proposed audit plan for Fiscal Year (FY) 2012. The audit plan, developed through a high level city -wide risk assessment, incorporates input from the Mayor, the City Manager's Office, some department heads, and the City's External Auditor. The City Auditor used professional judgment to rank this input and develop auditable areas including preliminary audit objectives. This approach ensures adequate audit coverage for City processes and programs in high -risk areas and recognized concerns raised by City Management. The Government Auditing Standards, which we will follow, require that we provide independent, objective, fact-based assessments of the stewardship, performance and cost of policies, programs, and operations we audit. Our work is also vital to maintaining citizens' trust and confidence in the City's effective, efficient and economic deployment and use of its resources. 2012 Audit Plan For the remainder of the FY 2012, the plan includes 4 proposed audits (Enclosure A) along with an estimate of hours to complete these audits. The plan also includes the performance of Surprise Cash Counts on various city sites collecting money, as well as, Special Assignments or requests by City Council and City Management. These requests will be subject to approval by the Administrative Committee. With approval of the Administrative Committee, this plan may be amended. We look forward to assisting the Committee and the City Council in fulfilling their governance responsibilities to the City of Corpus Christi. Celia Gaona, CIA CFE CISA City Auditor -199- FY 2012 Proposed Audit Plan Enclosure A Audit Objectives w E t o. w 0 < Li" ! CO C+7 1.0 • ' L0 rn OZ CD . 07 O CU ,T 47, CO 0J .... LO I .5 -1. 0 0. 0 = 0 CD 0 > • •0 E 8 w 0. ✓ 7 13 >-. ..0 46 4) •0 t 03 C :I''' vi .-- L./ C CD. CL (CI U 03 U ° 2 St CV ° 3 IA -C L/7 4,4 ,4 CD 0 -. a. f.,) 1:3 CU ' 0 a-, >. B u 3 >. 4-, 4-, I-. C CU :I". C E 0 ,,, U CU CU J.. .4 U 03 > E 0 a a) a) .to 7:: 2 = = 0 1.. a fu u .,0 t.- a • 0.0 a) a) c 0 Cr. -ra - • w u _c• " • .F, t) • 'A .... 0 •—• UP -0 .0 . I• CU a) u, 15 >. C 3 r° Eu. fa ▪ o • ra r vi c a) — a) tly VI 0 0 41 0 '17, E ' o to 0 •ca cu 1... u CU a) a) > i.. ). •I-, CU C tU 5L-) it ..= - C 0 (n 0- 0" 0 0 i- 0 0 0 = cu 1— 0... 1— u 0.. 1— u F- 0_ 0. u cn CU C. X CU 1 IV 0 ; sn CU 4.1 CO > : Ct. 1-- W i X CC i LLJ 73 = 0 = . liz 2 ..c 1 Ln : 1_ a) a_ at 0 Financial Services - 2 0. co v.{ A I-1 !-f 0 I-I 0 r-I LI Financial Services - CU 0. E „ 4. M . 0 I- < rri -200- 19 AGENDA MEMORANDUM for the City Council Meeting of 11/08/11 DATE: TO: Ronald L. Olson, City Manager October 27, 2011 FROM: Joan McKaughan, Interim Director of Human Resource joanm @cctexas.com 826 -3306 CAPTION: Continuing TMRS 100% Updated Service Credits for Current Participants and 70% Consumer Price Index (CPI) Increases for Annuities. AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE MEMBERS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS; AND PROVIDING FOR SEVERANCE. BACKGROUND AND FINDINGS: On July 27, 2004, for an effective date of January 1, 2005, Council adopted "Updated Service Credits" and "Increased Prior and Current Service Annuities" on an annual basis (annually repeating, not requiring approval by Council each year). Ordinance 025865. On December 7, 2010 Council approved the contract with the Corpus Christi Police Officer's Association (CCPOA), which included provisions for "Updated Service Credits" and "Increased Prior and Current Service Annuities" on an "Ad Hoc" basis. On December 14, 2010 Council approved Ordinance 028892 authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2011. ALTERNATIVES: None. The City is restricted by the terms of the collective bargaining agreement with the CCPOA and provisions of the state statute governing TMRS. This is a five year contract which is effective from August 1, 2010 through July 31, 2015. -203- OTHER CONSIDERATIONS: Given the negotiation of "Updated Service Credits" and "Increased Prior and Current Service Annuities" in the collective bargaining agreement with CCPOA, Government Accounting Standards, as interpreted by the City's external auditor, dictate that the City must record the liability as if annually repeating for the terra of the contract (which ends on July 31, 2015). The City's contribution rate for 2011, as calculated by TMRS under the Ad Hoc provision, is 14.24% which is the amount that the City budgeted for fiscal year 2011 -2012 and is contributing for January through December 2011. For calendar year 2012, the rate calculated by TMRS under the Ad Hoc provision is 10.33% however the City budgeted and will be contributing 14.8% beginning in January 2012 in an attempt to address the liability issue. The City Manager will develop a plan to return to annually repeating in the coming years. CONFORMITY TO CITY POLICY: Adoption of this ordinance is in accordance with the Agreement negotiated with the Corpus Christi Police Officers' Association. EMERGENCY / NON-EMERGENCY: Non - emergency, Ordinance - Two readings (11/15/11, 12106111) DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: ❑ Not Applicable o Operating Expense o Revenue CIP Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP) Current Year Future Years TOTALS Budget Encumbered / Expended Amount This item BALANCE Fund(s): COMMENTS: If the City were to adopt the annually repeating feature on these plan provisions (USC & COLA) the City's contribution rate for 2012 would increase to 20.33 %. As the City budgeted 14.24% for five months of the current fiscal year and 14.8% for seven months of the current fiscal year, the actual increase to the budget would be approximately 5.76 %. A 5.76% increase on salaries of $110,016,277 is approximately $6.337 million dollars. -204- RECOMMENDATION: Staff recommends adoption of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Margie C. Rose, Assistant City Manager Eddie Houlihan, Assistant Director of Management and Budget Constance Sanchez, interim Director of Financial Services An ordinance authorizing and allowing, under the act governing the Texas Municipal Retirement System, "Updated Service. Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities ' for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 853.401 through 853.403 of Subtitle G of Title 8, Government Code, as amended (hereinafter referred to as the"TMRS Act "), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System") who has current service credit or prior service credit in the System in force and effect on the 1st day of January of the calendar year preceding such allowance, by reason of service in the employment of the City, and on such date had at least 36 months of credited service with the System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 853.402 of said title) in an amount that is 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of said title). The Updated Service Credit hereby allowed shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part , of the same service. (b) In accordance with the provisions of subsection (d) of Section 853.401 of said title, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the date aforesaid on the full amount of such person's earnings as an employee of the City. Section 2. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 854.203 of Subtitle G of Title 8, Government Code, as amended, the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the City under current service annuities and prior service annuities arising from service by such employees to this City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of the annuity increase under this Section is computed as the sum of the prior service current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 70% of the percentage change in Consumer Price Index for Ail Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. —206- (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereby. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of this City and of its account in the municipality accumulation fund of the System. Section 3. Effective Date. Subject to approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1st day of January 2012. . 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. That the fore oing ordinan a was read for the first time and passed to its second reading on this the day of ow/ , 2011, by the fol €owing vote: Joe Adame Chris N. Adler Larry Elizondo Kevin Kieschnick Priscilla G. 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 Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED as to form: By: Jennifer A. Knox-Walker Assistant City Attorney for the City Attorney 20 DATE: TO: Ronald L. Olson, City Manager FROM: AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 10/11/2011 CAPTION: Pete Anaya, P.E. Director of Engineering Services 4 petean @cctexas.com (361) 826 -3781 Aquarius Street Speed Limit Reduction Between Commodores Drive and Whitecap Boulevard Ordinance amending Section 53 -255 of the code of ordinances to decrease the speed limit on Aquarius Street between Commodores Drive and Whitecap Boulevard from 35 miles per hour (MPH) to 30 miles per hour (MPH) at all times, providing for penalties; providing for severance, and providing for publication. BACKGROUND AND FINDINGS: Sec 53 -254. Schedule V, increase of state speed limits in certain zones, designates Aquarius Street as a 35 MPH speed zone, at all times, between Commodores Drive and Whitecap Boulevard. Based on the 85th Percentile Study, this speed limit designation is appropriate for this street. However, due to area development, future roadway expansion, accident history and residential input, the speed limit is recommended to be lowered to 30 MPH. This item was presented and approved by the Traffic Advisory Committee on October 24, 2011. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: The speed limit designation of 30 MPH is recommended as a traffic calming technique. The new speed limit will become effective when the ordinance amendment is adopted and signs are erected. CONFORMITY TO CITY POLICY: Sec. 53 -254 Schedule V, increase of state speed limit in certain zones; and Sec. 53 -255, Schedule VI, Decrease of state law maximum speed. EMERGENCY / NON-EMERGENCY: Non - emergency —211— DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: Not applicable Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not Applicable RECOMMENDATION: Traffic Engineering recommends the reduction of the speed limit on Aquarius Street between Commodores Drive and Whitecap Boulevard from 35 MPH to 30 MPH. LIST OF SUPPORTING DOCUMENTS: Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager • -213- Ordinance amending Section 53 -255 of the Code of Ordinances to decrease the speed limit on Aquarius Street from Commodores Drive to Whitecap Boulevard from 35 mph to 30 mph at all times; providing for penalties; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 53 -255 of the City of Corpus Christi Code of Ordinances is amended to decrease the speed limit on Aquarius Street from Commodores Drive to Whitecap Boulevard from 35 mph to 30 mph at all times, by adding the following underlined text, as shown: CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Sec. 53 -255. Schedule VI, Decrease of state law maximum speed. Alley west of the 3100 -3500 Blocks of Ayers Street: From its beginning at La Armada 1 and II to its termination at Tarleton Street -15 mph— At all times Aquarius Street: From Commodores Drive to Whitecap Boulevard-30 mph —All times A .Service Alley. - Running parallel to Everhart Road and Stonegate Way, from Bonner Drive to Curtis Clark Drive —15 mph —At all times * * * * * SECTION 2. Section 53 -254 of the City of Corpus Christi Code of Ordinances is amended by deleting the following stricken text, as shown: J:\1.ENG11 A G E N ID A ITEM S120111111511\111511 ORD Amend speed limit on Aquarius to 30 mph.docx -214- Sec. 53 -254. Schedule V, increase of state speed Limit in certain zones. Alameda Street: From Cole Street to Ocean Drive-35 mph —At all times Aquarius-Drive; Ayers Street (S. H. 286): From Norton Street to Port Avenue-35 mph All times SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 4. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 5. Penalties are as provided in Section 53 -55 of the Code of Ordinances. J:11.ENG11 AGENDA ITEM 51201111115111111511 ORD Amend speed limit on Aquarius to 30 mph.docx -215- That the foregoing ordinance was reap for the first time and passed to its second reading on this the.. , day of O , 2011, by the following vote: Joe Adame .� John E. Marez €-. Chris N. Adler. Nelda Martinez f Larry Elizondo, Sr.— Mark Scott Kevin Kieschnick David Loeb Priscilla G. Leal The foregoing ordinance was read for the second time and passed finally on this the day of Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick David Loeb Priscilla G. Leal , 2011, by the following vote: PASSED AND APPROVED on this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to legal form: 27 -Oct -11 l\kalk‘ as4o Veronica Ocarias Assistant City Attorney for City Attorney Joe Adame Mayor J:11.ENG11 AGENDA ITEM S1201111115111111511 ORD Amend speed limit on Aquarius to 30 mph.docx —216— 21 AGENDA MEMORANDUM for the City Council Meeting of October 25, 2011 DATE: 10/11/2011 TO: Ronald L. Olson, City Manager THROUGH: Rudy Garza, interim Assistant City Manager FROM: Mike Culbertson, VP CCREDC (361) 882 -7448 mculbertson @ccredc.com CAPTION: Nominating TPCO America Corporation as a Triple Jumbo Texas Enterprise Project Resolution nominating TPCO America Corporation ( "TPCO ") to the Office of the Governor Economic Development & Tourism ( "EDT ") through the Economic Development Bank ( "Bank ") as a triple jumbo enterprise project pursuant to the Texas Enterprise Zone Act ( "Act "). BACKGROUND AND FINDINGS: Under State Law, the Office of the Governor — Economic Development and Tourism Division through the Texas Economic Development Bank administers the Texas Enterprise Zone (TEZ) Program. According to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, the purpose of the program is to encourage job creation and retention and capital investment in areas of economic distress. The 78th legislature amended -The -act to increase participation in the program, decrease paperwork and streamline the process. Under the amended act, communities are no longer required to submit an application and fee to create an enterprise zone; designation of an enterprise zone is automatic based on decennial figures. Areas designated as enterprise zones include census block groups with 20 percent poverty and areas federally designated as Renewal Communities. Previously designated enterprise zones will be designated until their expiration, after which the area would need to meet the 20 percent poverty guideline. A project seeking designation as a Texas Enterprise Zone Project still must seek nomination from the governing body to the Office of the Governor for consideration and designation. Communities participating in the Texas Enterprise Zone Program are required to provide incentives to the project in addition to offering nomination for participation in the Texas Enterprise Zone Program. At least one of the incentives must be exclusive to the Texas Enterprise Zone. A designated project located in the Texas Enterprise Zone must agree to hire at least 25 percent of its employees from the enterprise zone or economically disadvantaged groups and in return will receive a refund of sales and use tax (SUT) paid to the Office of the Comptroller. if the project is located —219-- outside the zone, the project must agree hire at least 35 percent of its new employees from the enterprise zone or economically distressed groups. The program allows a refund of $2,500 for each job created or retained. If investment levels are adequate, the local nominating governing body may nominate a project as a Double or Triple Jumbo Project designation, increasing the value per job created or retained to $5,000 or $7,500, respectively. Therefore, a double jumbo project can receive a rebate of up to $2.5 million, and a triple jumbo project can receive a rebate of up to $3.75 million. State Law allows each participating community with a population Tess than 250,000 to nominate up to six projects per biennium and communities with a population more than 250,000 to nominate up to nine projects per biennium. Since City of Corpus Christi's population exceeds the 250,000 threshold, up to nine projects can receive designation during this biennium. A double jumbo project assumes two of the number of projects allowable and a triple assumes three. Thus far, the City has not nominated any businesses for this biennium. This nomination will use three of the City's nine nominations of local businesses. The City of Corpus Christi has nominated a number of projects in the past including the Valero, Bay Ltd, CITGO, Stripes, and Flint Hills Resources. To date, the designated enterprise zone projects have resulted in at least $1.378 billion in investment in Corpus Christi. This local capital investment represents a significant portion of all of the combined capital investment made in enterprise zones across the.state. TPCO America Corporation TPCO America Corporation estimates that over the next five years, they will make capital expenditures in excess of $1 billion for equipment and machinery which will allow the company to construct a pipe rolling mill to produce pipe for the oil and gas industry for domestic and foreign markets. This capital investment and its job creation represent the basis for this enterprise project nomination. Approximately 600 jobs will be created in this project. ALTERNATIVES: Due to State statute no other entity can be the nominating authority. The City can choose not to nominate the company. However the City has stated in the past that it would support TPCO in their move to this location. OTHER CONSIDERATIONS: This company is located in San Patricio County but is in the Corpus Christi extra territorial jurisdiction. Corpus Christi must be the nominating entity according to the statute. This has economic benefit to Corpus Christi as well as San Patricio County. CONFORMITY TO CITY POLICY: This conforms to City policy of promoting economic development, attracting primary jobs to the area, and is regional in scope. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: -220- Brian Narvaez, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Interim Assistant City Manager FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item BALANCE Fund(s): Comments: Not Applicable RECOMMENDATION: Staff recommends approval of the Resolution to nominate TPCO America Corporation as a triple jumbo Enterprise Project, as presented. LIST OF SUPPORTING DOCUMENTS: Nominating Resolution Copy of Ordinance No. 025513 Texas Enterprise Zone Application Approvals: Brian Narvaez, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Interim Assistant City Manager -221- Page 1 of 3- Resolution nominating TPCO America Corporation ( "TPCO ") to the -Office of the Governor Economic Development & Tourism ( "EDT ") through the Economic Development Bank ( "Bank ") as a triple jumbo enterprise project pursuant to the Texas Enterprise Zone Act ( "Act "). WHEREAS, the City of Corpus Christi ( "City ") has previously passed on October 14, 2003, Ordinance No. 025513 electing to participate in the Texas Enterprise Zone Program, and the local incentives offered under this Resolution are the same on this date as were outlined in Ordinance No. 025513; WHEREAS, the EDT through the Bank will consider TPCO as a triple jumbo enterprise project pursuant to a nomination and an application made by the City; WHEREAS, the City desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the City and to provide employment to residents of enterprise zones and to other economically disadvantaged individuals; WHEREAS, pursuant to the Act, TPCO has applied to the City for designation as a triple jumbo enterprise project; and WHEREAS, the City finds that TPCO, located at 5433 Highway 35, Gregory, Texas 78359, meets the criteria for designation as a triple jumbo enterprise project under the Act on the following grounds: 1. TPCO is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site located in an enterprise zone and at least twenty -five percent (25.0 %) of the business' new employees will be residents of an enterprise zone or economically disadvantaged individuals; 2. TPCO is located in an enterprise zone, which is also in Census Tract 107, Block Group 1, as defined by the most recent federal decennial census available at the time of designation, in which at least 20 percent of the residents of the block group have an income at or below 100 percent of the federal poverty level; 3. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the area; and 4. The designation of TPCO as a triple jumbo enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area; WHEREAS, the City finds that TPCO meets the criteria for tax relief and other incentives adopted by the City and nominates TPCO for triple jumbo enterprise project status on the grounds that it will be located at a qualified business site and will create a higher level of employment, economic activity, and stability; and Page 2of3, WHEREAS, the City finds that it is in the best interest of the City to nominate TPCO as a triple jumbo enterprise project pursuant to the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the findings of the City Council and its actions approving this Resolution taken at the council meeting on November 8, 2011, are hereby approved and adopted. SECTION 2. That TPCO is a "qualified business" as defined in Section 2303.402 of the Act and meets the criteria for designation as a triple jumbo enterprise project as set forth in the Act. SECTION 3. That the enterprise project shall take effect on the date of designation of the enterprise project by the EDT and terminate on December 1, 2016. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: Co day of Ocr +a%e.ct-- L. Brian Narvae First Assistant City Attorney For City Attorney , 2011. Page 3 of 3 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 Page 1 of 5 "AN ORDINANCE AUTHORIZING THE CITY OF CORPUS CHRISTI TO PARTICIPATE IN THE TEXAS ENTERPRISE ZONE PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE (ACT); PROVIDING TAX INCENTIVES; REQUESTING THAT CORPUS CHRISTI 2000 ENTERPRISE ZONE REMAIN IN EFFECT; NOMINATING CITGO REFINING AND CHEMICALS COMPANY, L. P. TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT & TOURISM (EDT) THROUGH THE ECONOMIC DEVELOPMENT BANK (BANK) FOR DESIGNATION AS A QUALIFIED BUSINESS AND TRIPLE JUMBO ENTERPRISE PROJECT (PROJECT) UNDER THE ACT; DESIGNATING A LIAISON FOR OVERSEEING ENTERPRISE PROJECTS AND COMMUNICATING WITH INTERESTED PARTIES; AND DECLARING AN EMERGENCY. WHEREAS, the City of Corpus Christi, Texas ( "Corpus Christi ") desires to create the proper economic and social environment to induce the investment of private resources in productive business enterprises located in severely distressed areas of the City and to provide employment to residents of those areas; WHEREAS, the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, as amended, (the "Act ") authorizes the designation of enterprise projects within an enterprise zone (or, if the requirements of Section 2303.402 (a) (2) of the Act are met, within an area that does not qualify as an enterprise zone); Whereas, under the 2003 amendments to the Act, the Act is now administered by The Office Of The Governor Economic Development & Tourism (EDT) through the Texas Economic Development Bank (Bank); Whereas, the City has a previously- designated enterprise zone, Corpus Christi 2000 Enterprise Zone, approved by EDT's predecessor agency, the Texas Department of Economic Development, on January 9, 1998, and scheduled under the Act (before the 2003 amendments) to expire on September 1, 2005; and the City requests that this Enterprise Zone remain in effect indefinitely, as authorized by Section 2303.109 of the amended Act, so long as the area qualifies under the amended Act; WHEREAS, with proper notice to the public, a public hearing to consider this ordinance was held on Tuesday, October 14, 2003, 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 i s1LEG -DI R1DoyleD.Curfi slMYD0 CS120031Economic. Developnz\ Enterpri. sezone 110080300.Nominati.ngCiTGO. Project.Ord. doc —225— Page 2 of 5 WHEREAS, the City Council has determined that passage of this ordinance would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City is authorized to participate in the Texas Enterprise Zone Program under the 2003 amendments to the Act. As required by Section 2303.4051 (b) of the Act, the City's Iocal incentives available in each area within an enterprise zone and in each area not in an enterprise zone are identified and summarized briefly in the attached Exhibit A; and at least one of the Iocal incentives is unique to the enterprise zone area. The City is in full compliance with the Act. SECTION 2. The City finds that the City has a previously - designated enterprise zone, Corpus Christi 2000 Enterprise Zone ( "Enterprise Zone "), approved by EDT's predecessor agency, on January 9, 1998, and scheduled under the Act (before the 2003 amendments) to expire on September 1, 2005; and the City requests that this Enterprise Zone remain in effect indefinitely, as authorized by Section 2303.109 of the amended Act, so long as the area qualifies under the amended Act. SECTION 3. The City finds that CITGO REFINING AND CHEMICALS COMPANY, L.P (CITGO), or its successor in interest, meets the criteria for designation as an enterprise project under the Act on the following grounds: (a) CITGO is located in the Enterprise Zone and CITGO is a "qualified business" under Section 2303.402 of the Act because CITGO is engaged in the active conduct of a trade or business in the Enterprise Zone and at least twenty -five (25 %) percent of its new employees in the Enterprise Zone are residents of an enterprise zone in this state or economically disadvantaged individuals; (b) According to the 2000 Census, the CITGO business facility is located in Census Tract 6, Block Group 1 (88% poverty) and Census Tract 50, Block Group 1 (37% poverty). These two Block Groups exceed the 20% poverty level described in Section 2303.101 of the Act. Therefore, these two block Groups automatically qualify for designation as an enterprise zone; The CITGO project is qualified under Section 2303.404 of the Act because (1) it involves "an expansion, renovation, or new construction"; (2) it will be completed within a predetermined period not to exceed five years; and (3) the CITGO subsidiary maintains separate books and records for the Corpus Christi refinery operations; (d) There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the jurisdiction of the City of Corpus Christi; (c) 1:1t_EG- DIRCoyieD. Curtis lMYDOCS120031Economic.Developm Enterpri. seZone11DD8D3DC. Nominati ,ngCETGO.Project.ord.doc Page 3 of 5 (e) The designation of CITGO as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area in which the enterprise project will be located; and (f) CITGO qualifies for job retention benefits under Section 2303.406 (a) (4) (G) because CITGO is both adding a new business line or product and deleting or decreasing an existing business line or product; and the designation will prevent CITGO's net production capacity from decreasing and will result in the retention of at least 500 existing jobs. SECTION 4. The City finds that CITGO qualifies as a Triple Jumbo Enterprise Project as defined in Section 2303.407 (b) (6) and Section 2303.407 (d) of the Act because CITGO will be making a capital investment in a project in excess of $250,000,000. The City finds that it is in the best interest of the City to nominate CITGO as a Triple Jumbo Enterprise Project under the Act. SECTION 5. The City finds that CITGO meets the criteria for tax relief and other incentives adopted by the City and hereby nominates CITGO as a Triple Jumbo Enterprise Project in accordance with the Act on the grounds that it will be located wholly within the Enterprise Zone, and will create a higher level of employment, economic activity and stability. As required by Section 2303.4051 (c) (2) of the Act, the City's local incentives, including tax incentives, that , at the election of the City Council, are or will be made available to CITGO, the nominated project, are identified and summarized briefly in the attached Exhibit B. SECTION 6. The City designates the City Manager or his designee as liaison to oversee enterprise projects nominated by the City and to perform the other duties described in Section 2303.204 of the Act. The City authorizes the City Manager or his designee to file an application requesting designation of CITGO as a Triple Jumbo Enterprise Project with the Texas Economic Development Bank (Bank), and to execute all documents and agreements necessary to process the application. Further, the City directs the City Manager or his designee to submit to the Bank the information required by section 2303.4052 of the Act and to execute all documents and agreements necessary for the City to participate in the Texas Enterprise Zone Program under the 2003 amendments to the Act. SECTION 7. Upon approval of the Bank, the Triple Jumbo Enterprise Project will be named CITGO - CORPUS CHRISTI Project. SECTION 8. The Enterprise Project designation must be for a predetermined designation period approved by the Bank, with a beginning date and ending date for the Project; and the designation period for the Project may not exceed five (5) years from date on which the designation is made, as required by Section 2303.404 of the Act. CITGO and the City request that the Bank approve January 1, 2004, as the beginning date and December 31, 2008, as the ending date of the Project. I:1LEG- D1R \RayieD. Curtisl MYDOCS12o031Economic .DevelopmlEnterpri.sezonell 00803D C. Nominati .ngClTGO,Project.Ord.doc Page 4 of 5 SECTION 9. The enterprise zone areas within the City are reinvestment zones in accordance with the Texas Tax Code, Chapter 312. SECTION 10. The Corpus Christi areas that meet the 2003 requirements in Section 2303.101 of the Act for automatic qualification for designation as an enterprise zone are shown in the attached Exhibit C. SECTION 11. 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 14th day of October, 2003. THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, J City Secretary Mayor, The City of Corpus Ch sti A it OVE D Doyle D urtis Chief, As ministrative Law Section Senior Assistant City Attorney For City Attorney Ark-: Oc •ber20 {:1 LEG -DI R1Dayl a D .Curtis \MYDOC S120031Economic. DevelopmlEnterpri. seZonel100803DC. Nominati. ngC ITGO. Project.Ord.doc —228— Corps Christi, Texas 1LF day of CfAID UPS TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 2003. Page 5 of 5 For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. Ilwe, therefore, request that you suspend said Charter rule and pass this ordinance fi nally on the date it is introduced, or at the present meeting of the City Council. Respectfully Respectfully, Samuel L. eal, Jr., M The City of Corpus Chri Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero " -- p Melody Cooper Henry Garret ;'L" P William Kelly CLUP Rex A. Kinnison 0-VP Jesse Noyola ""UP Mark Scott i:% EEG- DIR1DoyleD. CurtisI MYDOCS1 20031Ecortomic. Developm\ Enterpri. seZone1100603DC. Nominati .ngCITGO.Project.Ord.doc `�2:_�5i3 -229- Page 1 of 2 Exhibit A Incentives offered by the City of Corpus Christi Name of Incentive Description of Incentive Availability 1. Business and Job Development Corporation business incentives As approved by the Board — funds for loan participation, guarantees, direct low interest loans, rent subsidies, relocation, moving expenses, job training According to investment As approved by Business and Job Development Corporation. As approved by City Council 2. Tax Abatement 3. Section 108 Loan Guarantee Loan Guarantee Benefiting low income individuals, eliminating slum and blight or addressing an immediate need 4. Community Development Block Grant Grant Funds Benefiting low income individuals, eliminating slum and blight or addressing an immediate need 5. Department of Commerce — Economic Development Administration Grant for Public Works Grant Funds Citywide 6. Environmental Clean up costs deduction Deduct costs of environmental clean up Citywide 7. Tax Exempt Revenue Bonds Bonds Citywide 8. Environmental Clean- up Costs Deduct qualified clean up costs Citywide 9. HUB Zone CTS 59, 56.02, 8, 17, 16.02, 16.01, 9, 15, 10, 13, 12, 50, 7, 11, 5, 4, 3) 10 Welfare to Work Wage Credit Credit of up to $8,500 per employee Employee must be certified through the State of Texas 1:ILEG -DI R \D oyfeD.Curtis\MY DOC S120031Economic, DevelopmlEnterpri .seZone\100803PG. Rev ©C. Exh ibitA.To0 rd.doc -230- Page 2 of 2 11 Work Opportunity Wage Credit Credit up to $2,400 per employee Employee must be certified through the State of Texas 12 New Markets Tax Credit Credit of up to 39% to investors • In census tracts with 20% poverty or greater Texas Enterprise Zone 13 Authorize the City Manager to engage in certain public /private partnerships with proposed enterprise zone projects for purposes of offering incentives unique to the proposal. 14 Enterprise Zone Expeditor Expeditor Texas Enterprise Zone 15 Enterprise Zone Signage Program Signage Texas Enterprise Zone 16 Industrial District Payment in lieu of taxes Texas Enterprise Zone — industrial District 17 Corpus Christi Foreign Trade Zone #122 Not subject to Customs duties or certain excise taxes. Texas Enterprise Zone - Port of Corpus Christi 18 _I Increased Section 179 Deduction Deduct additional $35,000 on machinery and equipment Texas Enterprise Zone — Renewal Community 19 Renewal Community Commercial Revitalization Deduction Depreciate 50% of the total qualifying expenditure in the first year the building is placed in service or depreciate over 120 months. Texas Enterprise Zone — Renewal Community 20 Renewal Community Wage Credit Credit of up to $1,500 per employee Exclusion from Capital Gains Texas Enterprise Zone — Renewal Community Texas Enterprise Zone — Renewal Community 21 Zero Percent Capital Gains i:I LEG -DI R \DoyteD. Curtis\MYD005120031Economic. bevel opmlEnterpri.seZone1100803PO RevDC.Exhib itA.ToOrd. doc Page 1 of 1 Exhibit B Incentives that may be considered and offered by the City of Corpus Christi to Nominated Texas Enterprise Zone Projects l:1 LEG- DIR1DoyleD _Curtis1MYDOCS12003IEconomjc DeveIopm\ Enterpri. seZone1 100803PG .RevDC.ExhtbitB,ToOrd.doc 'ame o ncenti e D- r • • • I - • " * - A *ail. • 1) Authorize the City Manager to engage in certain public/private partnerships with proposed enterprise zone projects for purposes of offering incentives unique to the proposal. Texas Enterprise Zone 2) Enterprise Zone Expeditor Expeditor Texas Enterprise Zone 3) Enterprise Zone Signage Program Signage Texas Enterprise Zone 4) Industrial District Contract for Payment in lieu of taxes Texas Enterprise Zone — Industrial District 5) Corpus Christi Foreign trade Zone #122 Not subject to Customs duties or certain excise taxes. Texas Enterprise Zone - Port of Corpus Christi Texas Enterprise Zone- Renewal Community Texas Enterprise Zone- Renewal Community 6) Increased Section 179 Deduction Deduct additional $35,000 on machinery and equipment 7) Renewal Community Commercial Revitalization Deduction Depreciate 50% of the total qualifying expenditure in the first year the building is placed in service or depreciate over 120 months. 8) Renewal Community Wage Credit Credit of up to $1,500 per employee Texas Enterprise Zone- Renewal Community Texas Enterprise Zone- Renewal Community 9) Zero Percent Capital Gains Zero Percent Capital Gains l:1 LEG- DIR1DoyleD _Curtis1MYDOCS12003IEconomjc DeveIopm\ Enterpri. seZone1 100803PG .RevDC.ExhtbitB,ToOrd.doc Page 1 of 3 Exhibit C Corpus Christi Areas meeting the 2003 Requirements for • exas enter rise Census Tract 1 (See note at end of chart) cone (sections Block Group 1 2303.101 and 2303.109 Designation Renewal Community (expires 12/09) 1 (See note at end of chart) 1 Texas Enterprise Zone (expires 9/05) 3 1 Census block group with 20% poverty or greater 3 2 Census block group with 20% poverty or greater 3 1, 2 Renewal Community (expires 12/09) 3 1, 2 Texas Enterprise Zone (expires 9/05) 4 1 Census block group with 20% poverty or greater 4 2 Census block group with 20% poverty or greater 4 3 Census block group with 20% poverty or greater 4 1, 2, 3 Renewal Community (expires 12/09) 4 1, 2, 3 Texas Enterprise Zone (expires 9/05) 5 1 Census block group with 20% poverty or greater 5 1 Texas Enterprise Zone (expires 9/05) _6 1 Census blockegroup with 20% poverty or greater 6 3 Census block group with 20% poverty or greater 6 4 Census block group with 20% poverty or greater 6 5 Census block group with 20 %opovery or greater 6 (See note at end of chart) 1, 2, 3, 4, 5, 6, 7, 8 Texas Enterprise Zone (expires 9105) 7 1 Census block group with 20% poverty or greater 7 1 _ Texas Enterprise Zone (expires 9105) 7 (See note at end of chart) 2 Texas Enterprise Zone (expires 9/05) 7 3 Census block group with 20% poverty or greater 8 1 Census block group with 20% poverty or greater 8 1 Texas Enterprise Zone (expires 9/05) 8 (See note at end of chart) 2 Texas Enterprise Zone (expires 9/05) 8 3 Census block group with 20% poverty or greater - 8 3 Texas Enterprise Zone (expires 9/05) 9 1 Census block group with 20% poverty or greater 9 2 Census block group with 20% poverty or greater 9 3 Census block group with 20% poverty or greater 9 4 Census block group with 20% poverty oureater 9 5 Census block group with 20% poverty or greater 10 1 Census block group with 20% poverty or greater 10 2 Census block group with 20% poverty or greater 10 3 Census block group with 20% poverty or greater 10 4 Census block group with 20% poverty or greater 10 1, 2, 3, 4 Renewal Community (expires 12/09) 10 1, 2, 3, 4 Texas Enterprise Zone (expires 9/05) 11 1 Census block group with 20% poverty or greater 11 2 Census block group with 20% poverty or greater 11 1, 2 Renewal Community (expires 12!09) 11 1, 2 Texas Enterprise Zone (expires 9/05) 12 1 Census block group with 20% poverty or greater 12 1 Texas Enterprise Zone (expires 9/05) 12 2 Census block group with 20% poverty or greater 12 2 Texas Enterprise Zone (expires 9/05) 12 3 Census block group with 20% poverty or greater 12 3 Texas Enterprise Zone (expires 9/05) 13 1 Census block group with 20% poverty or greater _ 13 2 Census block group with 20% poverty or greater 13 3 Census block group with 20% poverty or greater 13 _ 4 Census block group with 20% poverty orgreater 1:1LEG- DIR1DoyieD. Curtis1MYDOCS120031Econo mic. DevelopmlEnterpri.seZone1100803PG. RevDC.ExhibitC.ToOrd.doc —233- Page 2 of 3 14 2 Census block group with 20% poverty or greater 15 1 Census block group with 20% poverty or greater 15 2 Census block group with 20% poverty or greater 15 3 , Census block group with 20% poverty or greater 15 4 Census block group with 20% poverty or greater 16.01 1 Census block group with 20% poverty or greater 16.01 2 Census block group with 20% poverty or greater 16.01 3 Census block group with 20% poverty orjreater 16.01. 4 Census block group with 20% poverty or greater 16.02 1 _ Census block group with 20% poverty or greater 16.02 2 Census block group with 20% poverty or greater 16.02 3 Census block group with 20% poverty or greater 17 1 Texas Enterprise Zone (expires 9/05) 17 2 Census block group with 20% poverty or greater 17 2 Texas Enterprise Zone (expires 9/05) 17 r 3 Texas Enterprise Zone (expires 9/05) 17 4 Census block group with 20% poverty or greater 17 5 Census block group with 20% poverty orsreater 17 6 Census block group with 20% poverty or greater 17 7 Census block group with 20% poverty or greater 17 7 Texas Enterprise Zone (expires 9/05) 18.01 1 Census block !roue with 20% poverty or greater 18.01 4 Census block group with 20% poverty or greater 18.01 4 Texas Enterprise Zone (expires 9/05) 18.01 5 Census block group with 20% poverty or greater 18.01 5 Texas Enterprise Zone (expires 9/05) 18.02 1 Census block group with 20% poverty or greater 19.01 3 Census block group with 20% poverty or greater 19.01 4 Census block group with 20 %poverty or greater 19.01 5 Census block group with 20% poverty or greater 19.01 6 Census block group with 20% poverty or greater 19.01 7 Census block group with 20% poverty or greater 19.02 1 Census block group with 20% poverty or greater 19.02 2 Census block group with 20% poverty or greater 20 1 Census block group with 20% poverty or greater 20 3 Census block group with 20% poverty or greater 20 5 Census block group with 20% poverty or greater 20 6 Census block group with 20% poverty or greater 20 7 Census block group with 20% poverty or greater 21 4 Census block group with 20% poverty or greater 21 5 Census block group with 20% poverty or greater 22 2 Census block group with 20% poverty or greater 22 4 Census block group with 20% poverty or greater 23.01 2 Census block group with 20% poverty or greater 27.03 4 Census block group with 20% poverty or greater 30 2 Census block group with 20% poverty or greater 30 3 Census block group with 20 %poverty or greater 30 4 Census block group with 20% poverty or greater 31 7 Census block group with 20% poverty or greater 33.01 1 Census block group with 20% poverty or greater 33.02 2 Census block group with 20% poverty or greater 34,01 1 Census block group with 20% poverty or greater 34.02 3 Census block group with 20% poverty or greater 35 2 Census block group with 20% poverty or greater 36.01 4 Census block group with 20% poverty or greater 36.02 2 Census block group with 20% poverty or greater 36.03 3 Census block group with 20% poverty or greater -1:1LEG -D I R1Doyleb. Curtis \MYDOCS\20031Economic. DevelopmlE me rpri.seZone1100803PG. RevDC.ExhibitC.ToOrd. doc -234- Page 3 of 3 50 1 _ Census block group with 20% poverty or greater 50 (See note at end of chart) 2 (place 9999) Texas Enterprise Zone (expires 0/05) 54.06 1 Census block group with 20% poverty or greater 56.01 3 Census block group with 20% poverty or greater 56.01 4 Census block group with 20% poverty or greater 56.01 5 Census block group with 20% poverty or greater 56.02 1 Census block group with 20% poverty or greater 56.02 2 Census block group with 20% poverty or greater 56.02 3 Census block group with 20% poverty or greater 56.02 5 Census block group with 20% poverty or greater 56.02 6 Census block group with 20% poverty or greater 56.02 7 Census block group with 20% poverty or greater 58.02 1 Census block group with 20% poverty or greater 59 1 Census block group with 20% poverty or greater 59 _2 Census block group with 20% poverty or greater Note: A Census Tract marked "(See note at end of chart)" denotes an area that upon expiration of the designation will be subject to the 20% poverty rule for continuation in the Texas Enterprise Zone (numbers in bold italics [1, 2, 3, 4, 5, 6, 7,8] indicate the affected block groups in the census tract). 1:1LEG -DI R1Coyleb .Curtis\MYDOCS120031Economic. Developm\ Enterpri. seZonel100803PG .RevDC.ExhibitC.TaOrd.doc -235- State of Texas County of Nueces } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 4703557 PO # 03.0c1 7.2 F'M 4:10 f1 Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO, which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times and on the World Wide Web on the Caller -Times Interactive on the 20TH day(s) of OCTOBER, 2003. $ 120.55 TWO {2 ) Time(s) 1Se:culict Credit Manager Subscribed and sworn to me on the date of OCTOBER 21, 2003. 3CDA Y11/012,60._ by) Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. —236— Corpus Christi Caller- Times, Monday, October 20, 2003!010 OTICE OF PASSAGE OF ORDINANCE NO. 025513 Ordinance ! authorizing the City of Corpus Christi to participate inthe Texas Enterprise Zone Program under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code (Act); providing tax incentives; requesting that Corpus Christi 2000 Enterprise Zone remain In effect nominating CITGO Relining and Chemicals Company, LP. lo the Office of the Governor Economic Development and Tourism (EDT) through the Economic Development Bank (Hank) for designation as a Qualified Business and Triple Jumbo Enterprise Proj- ect (Project) under the Act and designating a Ralson for overseeing Enterprise Projects and communicating with interested parties. This ordinance wart passed and approved by the City Council of the City of Corpus Christi on October 14, 2003. !e! Armando Chaps City Secretary City of Corpus Chrtali -237- 22 DATE: TO: FROM: TABLED ON 11/08/17 AGENDA MEMORANDUM for the City Council Meeting of: Presentation October 18, 2011 Action November 8, 2011 November 8, 2011 Ronald L. Olson, City Manager Pete Anaya, P.E., Director of Engineering Services peteancctexas.com, (361) 826 -3781 Authorization to Sign Construction Contract: Aquarius Street -- Project No. 6472 PURPOSE: Motion authorizing the City Manager or designee to execute a construction contract with Haas Anderson Construction, Ltd. of Corpus Christi, Texas, in the amount of $1,303,865.60 for the base bid and alternates 1 - 3 for Aquarius Street (Project No. 6472). BACKGROUND AND FINDINGS: Aquarius Street was approved by the voters as part of the 2008 Bond Election. This contract will result in the construction of Aquarius Street between Dasmarinas and Commodores. The street will be constructed with hot mix asphaltic concrete (HMAC) pavement. The work includes curb and gutters, sidewalks, curb ramps, pavement markings, street, speed and regulatory signs, traffic control, storm water, wastewater, and water improvements. The new Aquarius right of way is a total of 80 feet wide. The street will be constructed with both boulevard and standard sections. The boulevard section consists of an 18 foot median with two 16 foot street sections (curb back to curb back) and 15 foot wide green /sidewalk area between the curb and property line on both sides of the street. The standard section has a single street section of 40 foot width (curb back to curb back) and a 20 foot wide area between the curb and property line on both sides of the street. Both sections will include an 8 foot wide sidewalk on one side of the street. The Aquarius alignment facilitates access from Fire Station 15 on Commodores to Dasmarinas. Five bids were publically opened Wednesday, August 31, 2011. The total of the base bids and additive alternates ranged between $1,303,865.60 and $1,657,493.30. The difference in base bids for the three low bidders was $39,688.00 or approximately three percent of the low bid. The Consultant's estimate of cost was $1,292,056.00. The low qualified bidder was Haas Anderson Construction, Ltd. of Corpus Christi. Actions for dedicating the new Aquarius Street right of way are underway and according to the agreement with the adjoining property owner, Asset Development Corporation, will be complete no later than October 28, 2011. This item is scheduled for Council action on November 8, 2011. The contract requires the work be completed within 140 calendar days are notice to proceed. It is anticipated construction will be complete no later than March of 2012. ALTERNATIVES: 1. Award the motion as proposed. 2. Reject bids which is not recommended and would double printing and advertising costs. K:1Engineering DateExcliange \KevinS \GEN\STREETS\6472Aquarius \Coast uctionAward - Executive-S 4 1 .d9cx FINANCIAL IMPACT: o Not Applicable o Operating Expense o Revenue X CIP FISCAL YEAR: 2011 -2012 Prior Year (CIP Only) Current Year Future Years TOTALS Budget $296,700.00 $2,471,800.00 $2,768,500.00 $209,012.32 $1,303,865.60 $1,255,622.08 Encumbered /Expended Amt. $209,012.32 This item $1,303,865.60 BALANCE $87,687.68 $1,167,934.40 _ FUNDS: Street, Storm Water, Wastewater & Water CIP Fund Comments: This project has been reviewed with the Island Strategic Action Committee (ISAC) and has received their concurrence and support. RECOMMENDATION: City staff recommends that the contract be awarded to Haas Anderson, Ltd. of Corpus Christi, Texas, in the amount of $1,303,865.60. CONFORMITY TO CITY POLICY: The procurement process conforms to the Texas Local Government Code for public works projects and the FY 2011 -12 Capital Budget. EMERGENCY 1 NON - EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Not Applicable. LIST OF SUPPORTING DOCUMENTS: Exhibit A: Bid Tabulation Summary Exhibit B: Project Budget Exhibit C. 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 K,\Engineering DataExchangelKevinSlGEhf\ STREETS55472Aquarius \ConstructionAward - Executive s 4r 2.ar aN lL r r 0 V 0, Q 0 U W 0 N p H CO U w • CD z z H L1J z_ z Z uJ LL 0 w 2 eu ENGINEER'S ESTIMATE: $1,292,056.00 Time of Completion: Base Bid - 150 Calendar Days, Alt. No. 1 - 5; AIL No. 2 - 5; Alt. No. 3 - 10 Island Construction 420 E Cotter Port Aransas, TX 78373 361/749-6336 BID SUMMARY $1,530,826.60 $28,245.00 $56,695.00 $41,726.70 $1,657,493.30 H2O Const. Services 7210 Windwillow Drive Corpus Christi, TX 78414 956/495-6953 BID SUMMARY O S g N 0 69 V* Q t S 0 0 0 rn 0 N 0 — v m mco_ — 0 °� N LA d7 0 3. Bay LTL P.O. Box 9 Corpus Christi, 1 3611299 -3' BID SUM, 69 44 0 f+ O : ' Vi a7 I - N N '' 10 S FN{�j N M Ono 10 It; N V} fA V+ M. Garrett Con P.O. Box Ingleside, T) 3611776 BID SUDAN V-9 VI Haas - Anderson Const. 1402 Holly Road Corpus Christi, TX 78417 361/853 -2535 BID SUMMARY $1,136,243.20 $33,600.00 $81,913.00 $52,109.40 $1,303,865.60 AQUARIUS STREET DAS MARINAS TO COMMODORE'S (BOND 2008) (City Project No. 6472) TOTAL BASE BID ALTERNATIVE NO. 1 (Remove Waterline) ALTERNATIVE NO. 2 (Remove Force Mains) ALTERNATIVE NO. 3 (Install Force Main) TOTAL BASE BID PLUS ALT. NO. 1, 2 & 3 PROJECT BUDGET AQUARIUS STREET Project No. 6472 October 18, 2011 FUNDS AVAILABLE: Street CIP 2008 950,000.00 Storm Water CIP 1,032,900.00 Wastewater CIP 222,100.00 Water CIP 553,400.00 Gas CIP... 10,000.00 2,768,400.00 FUNDS REQUIRED: Construction (Haas Anderson) 1,303,865.60 Contingencies (10 %) 130,400.00 Consultant Fees: Consultant (Urban Engineering) (Basic Services $89,056 = 6.8 %) 222,026.00 Construction Management/Inspection (included in Urban Contract). Services (Raba Kistner) 3,690.00 Materials Inspection & Testing (Est.) 30,000.00 Reimbursements: Engineering, Traffic Engineering, Finance, etc. 55,000.00 Total 1,744,981.60 Variance 1,023,418.40 Exhibit B Page 1 of 1 —244— File : \Mproject councilexhibits \ exh6472. dwg 4 6S�0 CA 44 LOCATION MAP. NOT TO SCALE 0 PROJECT # 6472 VICINITY MAP NOT TO SCALE EXHIBIT "C" AQUARIUS .DRIVE - DASMARINAS TO COMMODORES CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10 -18 -2011 IOW l■ wr -245- - "t /7 w L 0 -a 0 E 4-a E w o cu V i }+ 00 0 ca gl = a) .— L = L CO V) Ctl E ' = 0 -0 CT CD ai O m F C■1 .© -c M e lmo 0 e lmo V V • 4w o 0 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 (0 0 0 0 0 0 o CS) o V L6 O Cfl O O O O - N N Cr) 0 CO (0 0 N (0 0 0 LO CO N u) N- CD ao 0 0) 0 0 O O N LO Ef} 69- N Ef} Ef}' 0 N LO 69- K? EA• CO N $1 023, 418.40 c 0 0 c 0 a) c c ▪ ea W (6 �, Ce c .a) W O 0 � 2 a) 3 U) H CI O C - M 0 0 U) U a) c Y' c� c • 0 W c c w r CD ea c O (/)' co O - 0 O c • _c U - U a) O • a) O 0 0 0 O a) a) E a) ct Estimated Project Budget Balance O 0 U L O N LO a) a) 0) L O W a] c U Oa) U O >. O -o O a) 0 a) • 5 O 9- Q Q co .0 _ t �.a) o _a 0 o 0 c .o N (1) L O) C W • 0 O CO a) 3 D .c 23 AGENDA MEMORANDUM for the City Council Meeting of November 15, 2011 DATE: 10/17/2011 TO: Ronald L. Olson, City Manager FROM: Larry Blas, Animal Control Program Manager LarryB @cctexas.com 361 - 826 -4602 CAPTION: Animal Control Amendment of Ordinance For the keeping of urban chickens. Ordinance amending the Code of Ordinances, Section 6 -154, entitled "Keeping of any livestock or fowl," by revising the section to allow the keeping of urban chickens; providing for severance; providing for penalties;. and providing for publication. BACKGROUND AND FINDINGS: Updating the ordinance regarding 6 -154, entitled "keeping of any livestock or fowl." The keeping of chickens in an urban environment provides tangible benefits for citizens and their families. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Council approval required to update ordinances EMERGENCY / NON-EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Animal Control Legal Department —249— FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered Expended Amount This item BALANCE Fund(s): Comments: No fiscal impact to General Fund RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Elizabeth Hundley, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager Ordinance amending the Code of Ordinances, Section 6 -154, entitled "Keeping of any livestock or fowl," by revising the section to allow the keeping of urban chickens; providing for severance; providing for penalties; and providing for publication. WHEREAS, the keeping of domestic fowl, commonly known as chickens, in an urban environment provides tangible benefits for citizens and their families; and WHEREAS, the City Council has determined that this amendment will best serve the public health, safety, and welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Code of Ordinances, Chapter 6 "Animal Care and Control," Article VI "Care and Keeping of Animals, Section 6 -154, entitled "Keeping of any livestock or fowl," is amended by revising the language to allow the keeping of urban domestic fowl (chickens) under certain conditions and read as follows: * * * "Sec. 6 -154. Keeping of any livestock or fowl. "(a) The keeping on any premises in the city, within any zoning district other than an IL Light Industrial or iH Heavy Industrial District (formerly, 1 -2 Light Industrial or 1 -3 Heavy Industrial District, of any fowl or livestock not prohibited by section 6 -153, is prohibited unless: "(1) The pens, stalls, or other facilities for keeping the livestock or fowl, other than fenced open pastures that are greater than one (1) acre, are located so that the livestock or fowl cannot come within one hundred (100) feet of any existing dwelling or business building owned, used, or maintained by any person other than the keeper. "(2) The pens, stalls, or other facilities for keeping the livestock or fowl, other than fenced open pastures that are greater than one (1) acre, are located so that the livestock or fowl cannot come within five hundred (500) feet of any existing food service establishment or food processing establishment, regardless of ownership or occupancy of the establishment. "(3) The fenced open pasture, which is greater than one (1) acre, has a means of preventing the livestock or fowl from coming within twenty -five (25) feet of any property line that abuts an existing residence. EHord348 Urban Chickens 20111101 —251— Page 1 of 4 "(b) The provisions contained in subsection (a) do not apply to fowl which are kept in completely enclosed and solidly walled facilities, er-to urban domestic fowl (commonly known as chickens) kept in conformity with the provisions of subsection (c) of this section, or to species of birds other than poultry. "(c) Urban domestic fowl. Domestic fowl may be kept in a residential zoning district so long as the owner, tenant, or person in control of the premises ( "keeper ") where the fowl are kept complies with the following conditions at all times: "(1) The number of fowl kept on the premises cannot exceed seven "(2) The fowl are kept or used for eqq production purposes only, with consumption of the eggs by the keeper or persons in the keeper's household; "(3) No profit or business may be derived from the keeping or use of the fowl or eggs by the keeper; "(4) The wings of the fowl must be kept clipped to prevent flight; "(5) The fowl must be provided with a hen house ( "coop ") located in the backyard area of the premises, and the dimensions of the coop must not exceed five (5) foot width by five (5) foot height by five (5) foot length; "(6) The coop must be completely surrounded by a six -foot (6') high secure and substantial fenced enclosure ( "chicken pen ") that provides adequate space for the fowl to roam, does not exceed a maximum dimensional size of 20 x 20 linear feet, and in which the fowl are kept at all times. In the event the keeper's premises has an existing secure and substantial enclosure completely surrounding the portion of the keeper's backyard area where the fowl will be kept, such as a six -foot (6') high property fence or wall, the requirement to have a chicken pen is waived so long as the size of the enclosure provides adequate space for the fowl to roam and the fowl are kept in the enclosure at all times; "(7) The chicken pen may not be located closer than twenty -five (25) feet to any existing dwelling or business building owned, used or maintained by any person other than the keeper; "(8) The keeper must maintain the fowl, coop, chicken pen, and enclosed yard area, if any, in a manner that prevents odor, health, and sanitation problems; EHord348 Urban Chickens 20111101 Page 2 of 4 -252- "(9) Any sudden affliction, illness, or death occurring to any of the fowl must be immediately reported by the keeper to the local health authority and to the Animal Control Division; and "(10) Roosters may not be present or kept on the premises. "(d) The keeping of urban domestic fowl in conformity with this chapter may not be construed to constitute a violation of any zoning law or provision. "{G-1cl Buildings and structures used to keep animals within an IL Light Industrial or IH Heavy Industrial District (formerly, 1 -2 Light Industrial or 1 -3 Heavy Industrial District of the zoning ordinances, respectively) must meet the set back requirements in the Unified Development Code, as applicable in the appropriate district and as each section may be amended." * * * * _ SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it 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. A violation of this ordinance constitutes an offense, punishable as provided in Sections 1 -6 and 1 -6.1 of the City's Code of Ordinances. 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. This ordinance is effective upon and after publication. EHord348 Urban Chickens 20111101 -253— Page 3 of 4 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 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: ab;othz ti K? Eliz e h R. Hundley Assfnt City Attorney for the City Attorney Joe Adame Mayor EHord348 Urban Chickens 20111101 Page 4 of 4 —254— 24 AGENDA MEMORANDUM for the City Council Meeting of December 6, 2011 DATE: 10/27/2011 TO: Ronald L. Olson, City Manager FROM: D. Troy Riggs �J Chief of Police 1 IBC Accepting the Coverdell grant and appropriating funds CAPTION: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $60,000 from the State of Texas, Criminal Justice Division (CJD) of the Governor's Office for funding available under the Coverdell Forensic Sciences Improvement Grant Program for the purchase of an interface between the Police Department Laboratory Information Management System and Records Management System, and to execute all related documents. B. Ordinance appropriating$60,000 from the State of Texas, Criminal Justice Division (CJD) of the Governor's Office for funding available under the Coverdell Forensic Sciences Improvement Grant Program in the No. 1061 Police Grant Fund and declaring an emergency. BACKGROUND AND FINDINGS: The Forensic Services Division recently purchased a Laboratory Information Management System or LIMS. The system has the potential to dramatically increase the quality and timeliness of laboratory services. However, the record management system for the police department and the laboratory information management system for the crime laboratory are not interfaced. This means that they do not share information causing the analyst to input data that has already been collected by the department. This wastes valuable time that could be reallocated to other analysis. The proposed enhancement will provide an interface between the LIMS system and the Police Departments Record Management System known as I- LEADS. This interface will allow all data and reports to be shared between the two systems thereby saving valuable analyst time in duplicate data entry. The LIMS provides the laboratory management with meaningful statistical data such as caseload distribution, case turn - around time and information which is helpful in budgetary planning and allocation of personnel and resources. However, due to a current lack of interface between LIMS and I- LEADS, much time is spent on tedious data entry. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY; Council approval to accept the grant and appropriate the grant funds. —257— EMERGENCY / NON - EMERGENCY: Emergency to meet grant deadlines. DEPARTMENTAL CLEARANCES: Finance — Grants management FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $60,000 $60,000 BALANCE $60,000 $60,000 Fund(s): Police General Fund Comments: RECOMMENDATION: Staff recommends acceptance of the grant and appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Trisha Dang, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager -258- Ordinance appropriating $60,000 from the State of Texas, Criminal Justice Division (CJD) of the Governor's Office for funding available under the Coverdell Forensic Sciences Improvement Grant Program in the No. 1061 Police Grant Fund and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $60,000 is appropriated from the State of Texas, Criminal Justice Division (CJD) of the Governor's Office for funding available under the Coverdell Forensic Sciences Improvement Grant Program in the No. 1061 Police Grant Fund. 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 December, 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: October 27, 2011 T. T'isha Dang Assistant City Attorney For City Attorney 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: Uwe, 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 25 AGENDA MEMORANDUM for the City Council Meeting of November 15, 2011 DATE: 11/15/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Engineering Services petean @cctexas.com (361) 826 -3781 Troy Riggs, Police Chief troyr @cctexas.com (361) 886 -2603 CAPTION: Award Job Order Construction Contract Old Police Department Building Property Storage Modifications and Demolition Motion authorizing the City Manager, or designee, to award a Job Order Construction Contract with Barcom Commercial of Corpus Christi, Texas in the amount of $169,322.43 for the Old Police Department Building Property Storage Modifications and Demolition. BACKGROUND AND FINDINGS: The old police department building is located at 1616 Martin Luther King Drive. The proposed project will provide storage space required for police property collected from criminal investigations. The Police Department has out -grown their existing facility and the proposed project will provide over 8,700 square feet of space to organize and store items necessary for pending cases. The existing building is vacant, except for a small portion which is used by the Health Department for storage. The proposed project consists of selective demolition of interior walls, plumbing and electric improvements, as well as the installation of fire alarm, security and access control systems. Other modifications include re- working the lighting, installing fire rated doors and fire walls as well as acoustical ceiling repairs and painting as necessary. The exterior work will be to pour a new concrete approach, from the parking lot, for access to the door for loading and unloading vehicles. ALTERNATIVES: This project was bid with only a Base bid, so there are no alternative bid options to award. 1. The City Council options are to award this contract to the low bidder (Barcom Commercial) or 2. Not award contract. —263— K;IENGINEERING DATAEXCHANGEIVELMAPIPOLICElE11 O83 OLD POLICE DEPT BUILDING MODS DEMOLITION AGENDA ITEM.DOC.DOCX OTHER CONSIDERATIONS: Job Order Contracting (JOC) is an innovative contracting technique created for facilities maintenance and construction - related services to assist with obtaining greater contractor performance in relation to smaller projects on a cost - effective and timely basis. The JOC Program utilizes an "on -call" general construction contractor on an as- needed basis for an Indefinite Quantity Contract to perform minor construction, repair, rehabilitation or alteration of facilities. Job Order Contracting streamlines the construction procurement process by establishing an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery orders based on specific projects as needed. This process is extremely flexible, allowing scope and cost to be accurately detailed BEFORE award. The following are important benefits of using this contract method: D Allows a better defined scope with cost for the customer. > Construction contract award can be accomplished in Tess than one month, significantly shortening the procurement time. • Each delivery order is a stand -alone contract. Future awards will be based specifically on the contractor's performance and the needs of the City of Corpus Christi. D Change Orders are minimized. The approved contractor will specifically conduct detailed site visits and discussions with City Staff to review the requirements, work conditions, and facility condition prior to submitting a proposal. This will significantly reduce and/or eliminate unforeseen conditions and excessive cost growth. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process EMERGENCY / NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Police Department FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $0.00 $191,753.67 $0.00 $191,753.67 Encumbered / Expended Amount $0.00 $0.00 This item $0.00 $169,322.43 $0.00 $169,322.43 Other Anticipated Expenditures $0.00 $0.00 Balance $0.00 $22,431.24 $0.00 $22,431.24 Fund(s): Police Grants Fund comments: Thls project is being funded through a police grant. The Police Grants fund (821001) has $191,753 available for this project and the project costs $169,322.43. The project will begin January 2, 2012. This project requires 60 calendar days, with anticipated completion approximately March 2012. RECOMMENDATION: City staff recommends that the contract be awarded to Barcom Commercial of Corpus Christi, Texas, in the amount of $169,322.43. -264 - KIENGINEERING DATAEXCHANGEILYNDAIPOLICEIEl W83 - OLD PD BUILDING STORAGE DEMO AGENDA ITEM.DOCX LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager —265— KdENG1NEERING DATAEXCHANGEIVELMAPIPOLICE1E11083 OLD POLICE DEPT BUILDING MODS DEMOLITIONIAGENDA ITEM.DOC.DOCX PROJECT BUDGET Old Police Department Building Property Storage Modifications and Demolition Project No. E11083 November 15, 2011 FUNDS AVAILABLE: Police Department ... $191,753.67 FUNDS REQUIRED: Construction (Barcom Commercial)... $169,322.43 Contingencies (10 %). 16,932.24 Engineering Services (3.1 %) ........................... 5,249.00 Misc. (Printing, Advertising, etc.) 25Q.00 Total . $191,753.67 \Mproject\councilexhibits\exhE11083.dwg PROJECT LOCATION 1616 MARTIN LUTHER KING DRIVE LOCATION MAP NOT TO SCALE OLD POLICE DEPARTMENT BUILDING PROPERTY STORAGE MODIFICATIONS AND DEMOLITION -257- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 M■r TM NM 11•10.10041.1. 26 AGENDA MEMORANDUM for the City Council Meeting of November 15, 2011 DATE: 11/15/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Engineering Services / petean @cctexas.com (361) 826 -3781 Troy Riggs, Police Chief troyr @cctexas.comj'iC. py-� (361) 886 -2603 I J CAPTION: Award Job Order Construction Contract Williams Drive New Police Department Offices Motion authorizing the City Manager, or designee, to award a Job Order Construction Contract with Alpha Building Corporation of Corpus Christi, Texas in the amount of $90,561.15 for the Williams Drive New Police Department Offices. BACKGROUND AND FINDINGS: The proposed project is necessary to relocate internal Affairs police personnel from the main police building located at 321 John Sartain Street to 5805 Williams Drive. The Williams Drive facility is currently' utilized as storage by the Health Department. Once remodeled, the Health Department will continue to use a small portion of the east side of the building as storage. The proposed project consists of removing and replacing storefront doors, constructing new partitions in main lobby and office areas, and general repair and upgrade of ceilings, lighting, electrical, plumbing, communication, and air conditioning systems. ALTERNATIVES: This project was bid with only a Base bid, so there are no alternative bid options to award. 1. The City Council options are to award this contract to the low bidder (Alpha Building Corporation) or 2. Not award contract. —271— KIENGINEERING DATAEXCMANGE IVELMAPSPOLICEIE11062 WILLIAMS DRIVE NEW POLICE DEPT OFFICESIAGENDA ITEM.DOC.DOTX OTHER CONSIDERATIONS: Job Order Contracting (JOC) is an innovative contracting technique created for facilities maintenance and construction - related services to assist with obtaining greater contractor performance in relation to smaller projects on a cost - effective and timely basis. The JOC Program utilizes an "on -call" general construction contractor on an as- needed basis for an Indefinite Quantity Contract to perform minor construction, repair, rehabilitation or alteration of facilities. Job Order Contracting streamlines the construction procurement process by establishing an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery orders based on specific projects as needed. This process is extremely flexible, allowing scope and cost to be accurately detailed BEFORE award. The following are important benefits of using this contract method: > Allows a better defined scope with cost for the customer. > Construction contract award can be accomplished in less than one month, significantly shortening the procurement time. ➢ Each delivery order is a stand -alone contract. Future awards will be based specifically on the contractor's performance and the needs of the City of Corpus Christi. ➢ Change Orders are minimized. The approved contractor will specifically conduct detailed site visits and discussions with City Staff to review the requirements, work conditions, and facility condition prior to submitting a proposal. This will significantly reduce and/or eliminate unforeseen conditions and excessive cost growth. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; FY 2011 -12 Operating Budget. EMERGENCY / NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Police Department FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $0.00 $278,641.68 $0.00 $278,641.68 Encumbered / Expended Amount $0.00 $0.00 This item $0.00 $90,561.15 $0.00 $90,561.15 Other Anticipated Expenditures $0.00 $0.00 Balance $0.00 $188,080.53 $0.00 $188,080.53 Fund(s): Police Grants Fund Comments: This project is being funded by a police grant. The Police Grants Fund (821001) has $278,641.68 and will pay $90,561.15 for this project. Upon completion, the project will be neat, clean, ADA accessible and ready for use as new Police Department Offices. This project requires 80 calendar days, with anticipated completion approximately March 2012. RECOMMENDATION: City staff recommends that the contract be awarded to Alpha Building Corporation of Corpus Christi, Texas, in the amount of $90,561.15. K: ENGINEERING DATAEXCHANGEILYNDAIPOLICE\ 1082 - WILLIAMS 1 DUCE BUILDINGICITY COUNCIL ACTION ITEM.DOCX LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager KIENGINEERING DATAEXCHANGEIVELMAPIPOLICE \E11062 WILLIAMS DRIVE NEW POLICE D T 0 FICES\AGENDA ITEM.DOC.DOTX PROJECT BUDGET Williams Drive New Police Department Offices Project No. E11082 November 15, 2011 FUNDS AVAILABLE: Police Department $278,641.68 FUNDS REQUIRED: Construction (Alpha Building Corporation)......... $90,561.15 Contingencies(10 %) .................................. ............................... 9,056.12 Engineering Services (3.5 %) 3,169.64 Misc. (Printing, Advertising, etc.)...... 250.00 Total...... $103,036.91 Estimated Project Budget Balance $175,604.77 \Mproject\councilexhibits\exhEl 1082. dwg NU��FS RIVER 91PuECES BAN Up :Tr w La HWY CORPUS C3-ER.rS2 B..y NAS PROJECT #E1 1082 PROJECT LOCATION 5805 WILLIAMS DRIVE FM 2444 Cho LOCATION MAP NOT TO SCALE LA.GuTCA. JLWRE WILLIAMS DRIVE NEW P.D. OFFICES 275 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 27 AGENDA MEMORANDUM for the City Council Meeting of December 6, 2011 DATE: 11/1/2011 TO: Ronald L. Olson, City Manager THROUGH: Rudy Garza, Interim Assistant City Manager FROM: Mike Culbertson (361) 882 -7448 mculbertson @ccredc.com CAPTION: Revision of the City's Guidelines and Criteria for Granting Tax Abatements. (requires 314's vote to pass) a. Resolution adopting the revised the City's Guidelines and Criteria for Granting Tax Abatements. b. Resolution amending the City of Corpus Christi Economic Development Incentive Policies 2009 — 2011 to incorporate provisions of the City's Guidelines and Criteria for Granting Tax Abatements. BACKGROUND AND FINDINGS: The tax abatement policy was revised by adoption of the Economic Development Policy 2009 -2011. The policy was an outline of the requirements to qualify for a tax abatement but did not cover enough of the many specifics for a tax abatement agreement. This revision of the guidelines reflects exactly the standards in the Economic Development Policy 2009 — 2011 but provides the required level of detail for a tax abatement procedure and agreement. ALTERNATIVES: Could leave the policy book as the only guideline for tax abatement but this would not be specific enough for the detail required for agreements OTHER CONSIDERATIONS: The guidelines should be the overriding document and the economic policy book would contain the supplemental information. To amend the tax abatement guidelines requires a 314's vote of the Council. CONFORMITY TO CITY POLICY: —279— This resolution combines the Economic Policy Handbook and codifies it into guidelines. EMERGENCY 1 NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT:. Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends to adoption of this resolution approving the revised tax abatement guidelines LIST OF SUPPORTING DOCUMENTS: Resolution Tax Abatement Guidelines Economic Development Policy (pages 15 -22) Tax Abatement excerpt Approvals: Brian Narvaez, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Interim Assistant City Manager -280 -- •4 Page 1 of 2 Resolution adopting the revised the City's Guidelines and Criteria for Granting Tax Abatements. WHEREAS, on November 17, 2009, the City Council by Resolution 028424, adopted the City of Corpus Christi Economic Development Incentive Policies 2009 - 2011 ( "Incentive Policies "), which incorporated the City's Guidelines and Criteria for Granting Tax Abatement; WHEREAS, the City's Guidelines and Criteria for Granting Tax Abatement need to revised to update the standards used to grant tax abatements and clarify the catalyst areas where expanded tax abatement is available; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City's Guidelines and Criteria for Granting Tax Abatement are revised. A copy of the revised Guidelines and Criteria are attached to and incorporated into this resolution as Exhibit A. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: ,.5 day of ()Sah.i , 2011. R. J ,eining First Assistant City Attorney For City Attorney Revised Tax Abatement Guidelines Resolution — 10052011.docx -281- Page 2 of 2 Corpus Christi, Texas of , 2011 The above resolution 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 Revised Tax Abatement Guidelines Resolution — 10052011.docx —282— CITY OF CORPUS CHRISTI GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT , 2011 WHEREAS, the attraction of long-term Added Value and the establishment of new permanent full -time jobs in the area would enhance the economic base of area taxing entities; WHEREAS, Corpus Christi must compete with other communities across the nation currently offering tax inducements to attract new plant and modernization projects, and studies have shown that a favorable local tax climate and start -up tax concessions rank second on the list of priorities for new plant installations or expansions; WHEREAS, tax abatement is one of the principal means by which the public sector and the private sector can forge a partnership to promote real economic growth within a community; WHEREAS, any tax incentives offered must be strictly limited in application to those new and existing industries that bring new wealth to the community in order to avoid reducing the needed tax revenues of area taxing entities; WHEREAS, the Property Redevelopment and Tax Abatement Act ( "Act "), Chapter 312 of the Texas Tax Code authorizes taxing units to provide property tax abatement for limited periods of time as an inducement for the development or redevelopment of a property; WHEREAS, a Texas Enterprise Zone constitutes designation as a Reinvestment Zone without further hearing or other procedural requirements under Chapter 312, Texas Tax Code; WHEREAS, the Act requires eligible taxing jurisdictions to establish Guidelines. and Criteria ( "Guidelines ") as to eligibility for tax abatement agreements prior to granting any future tax abatement, the Guidelines may not be changed for a two -year period unless amended by a three- fourths vote; WHEREAS, the City Council by Resolution 028424, on November 17, 2008, adopted the City of Corpus Christi Economic Development Policies, 2009 -2011, which contain the City's Guidelines for tax abatement; WHEREAS, there is a need to supplement those Guidelines with greater detail on the requirements for tax abatement agreements; WHEREAS, in order to assure a common, coordinated effort to promote economic development in the area, these Guidelines have been circulated among Nueces County, Del Mar College, and other taxing entities for consideration as a common policy for all jurisdictions which choose to participate in tax abatement agreements; and 1 2011 TAX ABATEMENT SUPPLEMENTAL GUIDELINES AND CRI,ir 10052011 rev 1 Exhibit A NOW, THEREFORE, BE IT RESOLVED by the City of Corpus Christi that these Guidelines for granting tax abatement be adopted: Section 1. Definitions. "Abatement" means the temporary, full or partial exemption from ad valorem taxes of certain added value to real and personal property in a zone designated for economic development purposes under the Act. "Added Value" means the increase in the assessed value of an eligible property as a result of "expansion" or "modernization" of an existing facility or construction of a "new facility." It does not mean or include "deferred maintenance." "Agreement" means a contractual agreement between an Owner and the City for the purposes of tax abatement. "Base Year Value" means the assessed value of eligible property as of the January 1 preceding the execution of an Agreement, plus the agreed upon value of eligible property improvements made after January 1 but before the execution of the Agreement. "Basic Manufacturing or Service Facility" means buildings and structures, including fixed machinery and equipment not elsewhere described, used or to be used for the production of products or services that derive a majority of revenue from points beyond a 50 -mile radius of Nueces County. "Catalyst Area" mean an area within a Texas Enterprise Zone, Downtown, Corpus Christi (North) Beach, Padre and Mustang Islands (other than areas within Tax Increment Reinvestment Zone Number Two, City of Corpus Christi), or other areas designed as catalyst areas by the City Council. "City" means the City of Corpus Christi that levies ad valorem taxes upon and provides services to property located within a proposed or existing zone designated under the Act. "Convention Center Hotel" means a hotel. "Deferred Maintenance" means improvements necessary for continued operations that do not improve productivity or alter the process technology. "Downtown Revitalization Housing Facility" means a Multi - family Housing Facility constructed or renovated in the area encompassed by the Downtown Management District; provided that a Multi - family Housing Facility, which is located near the boundaries of the Downtown Management District, may be considered if the Facility is determined by the City Council to assist in the revitalization of the downtown area and the Owner of the Facility enters into an agreement to contribute amounts to the Downtown Management District on the same basis as if it were part of the District for two times the life of the Agreement. 2 2011 TAX ABATEMENT SUPPLEMENTAL GUIDELINES AND CRITERIA rjr 10052011 rev 1 —284— "Economic Life" means the number of years a property improvement is expected to be in service in a Facility. "Enterprise Zone Residential Redevelopment Facility" means buildings and structures used or to be used primarily for residential purposes that is located within a Texas enterprise zone. "Expansion" means the addition of buildings, structures, fixed machinery, or equipment for the purposes of increasing capacity. "Facility" means property improvements completed or in the process of construction that together compromise an integral whole. "Locally Owned" means a facility, manufacturer, supplier, contractor, and labor supplier whose owner resides in or maintains its principle office in either Nueces County or San Patricio County. "Mixed -use facility" means a facility having residential and commercial uses where the commercial use occupies more than 20% of the structure. "Multi- family housing" means a facility designed, arranged, or used exclusively for the use and occupancy of three or more families living independently of each other. The dwelling structure may include a triplex, apartment, townhouse, condominium, cooperative, high -rise, etc. "Modernization" means the replacement and upgrading of existing facilities that increases the productive input or output, updates the technology, or substantially lowers the unit cost of the operation, and extends the economic life of the facilities. Modernization may result from the construction, alteration, or installation of buildings, structures, fixed machinery, or equipment. "Modernization" does include work done for the purpose of reconditioning, refurbishing, repairing, or completion of deferred maintenance to a structure. "New Facility" means a property previously undeveloped, which is placed into service by means other than or in conjunction with an expansion or modernization. "Owner" means the owner of a Facility subject to abatement. If the Facility is constructed on a leased property, the Owner is the party that owns the property subject to tax abatement. The other party to the lease must join in the execution of Agreement, but may not be obligated to assure performance of the party receiving abatement. "Permanent full -time job" means a new employment position or full -time equivalent created by a business that provides a regular work schedule of at least 32 hours per week or 1664 hours of employment per year to a Corpus Christi Metropolitan Statistical Area resident and maintains the employment position during the term of the Agreement. 2011 TAX ABATEMENT SUPPLEMENTAL GUIDELINES AND CRITERIA rjr 10052011 rev 1 -285- "Petrochemical Facility" means buildings and structures, including fixed machinery and equipment, the primary purpose of which is or will be the manufacture or processing of petrochemicals or fuels by physical or chemical change. "Regional Distribution Center Facility" means buildings and structures, including fixed machinery and equipment, used or to be used primarily to receive, store, service, or distribute goods or materials owned by the Facility operator where a majority of the goods or services are distributed to points beyond a 50 -mile radius of the City. "Regional Telecommunications /Data Processing Center Facility" means buildings and structures used or to be used primarily for the provision of telecommunication or data processing services by the Facility operator where a majority of the services are provided to points beyond a 50 -mile radius of the City. "Regional Visitor /Amusement Facility" means buildings and structures used or to be used primarily as a stadium, arena, amusement park, or similar attraction or sports venue. "Rehabilitation" means that the Added Value, as defined, of the project exceeds the base year of a development property by $250,000. "Texas Enterprise Zone" means any area designated as an enterprise zone under Chapter 2303, Texas Government Code. Section 2. Abatement Authorized. (a) Authorized Facilities. A Facility may be eligible for abatement if it is one of the following: (1) Basic Manufacturing Facility. (2) Basic Service Facility. (3) Regional Distribution Center Facility. (4) Regional Telecommunications /Data Processing Center Facility. (5) Regional Visitor /Amusement Facility. (6) Enterprise Zone Facility. (7) Downtown Revitalization Housing Facility. (8) Petrochemical Facility. (9) Convention Center Hotel. 4 2011 TAX ABATEMENT SUPPLEMENTAL GUIDELINES AND CRITERIA rjr 10052011 rev 1 —286— (b) Abatement for New Facilities or Improvements to Existing Facilities. Abatement may be granted for new facilities and improvements to existing facilities for the purpose of modernization or expansion. (c) Creation of New Value. Abatement may only be granted for the additional value of eligible property improvements made subject to and listed in an Agreement between the City and the Owner, subject to the limitations as the City requires. The economic life of the improvements must exceed the term of the Agreement. (d) Eligible Property. Abatement may be extended to the value of the improvements to real property, including buildings, structures, fixed machinery and equipment, and site improvements, plus that office space and related fixed improvements necessary to the operation and administration of the Facility. Abatement may also be extended for tangible personal property as defined by the Texas Tax Code, (e) Ineligible Property. The following types of property are fully taxable and ineligible for abatement, unless specifically authorized by the City Council: (1) Land. (2) Inventories. (3) Supplies. (4) Tools. (5) Furnishings and other forms of movable personal property. (6) Vehicles. (7) Vessels. (8) Aircraft. (9) Housing, other than an Enterprise Zone Residential Redevelopment Facility or Downtown Revitalization Housing Facility. (10) Hotel accommodations, other than a convention center hotel. (11) Deferred maintenance investments. (12) Property to be rented or leased, except when the Owner is the lessee of the land, but is the Owner of the Facilities. (13) Improvements for the generation or transmission of electrical energy not wholly consumed by a New Facility or expansion. (14) Any improvements, including those to produce, store, or distribute natural gas, fluids, or gases that are not integral to the operation of the Facility. 5 2011 TAX ABATEMENT SUPPLEMENTAL GUIDELINES AND CRITERIA rjr 10052011 rev 1 -287- (15) Improvements to real property that have an economic life of less than 15 years. (16) Property owned or used by the State of Texas or its political subdivisions, or by any organization owned, operated, or directed by a political subdivision of the State of Texas. (f) Period of Abatement. (1) Abatement may be granted effective with the January 1 valuation date immediately following the date of execution of the Agreement. Abatement may be allowed for a period of up to ten years, including the period of construction. If the period of construction exceeds two years, the Facility is considered completed for purposes of abatement at the end of two years, and in no case may the total period of abatement, inclusive of the construction period, exceed ten years. (2) Abatement for a Downtown Revitalization Housing Facility may be granted effective with the January 1 valuation date immediately following the date of execution of the Agreement. Abatement may be allowed for a period of seven years, including the period of construction. If the period of construction exceeds two years, the Facility is considered completed for purposes of abatement at the end of two years, and in no case may the total period of abatement, inclusive of the construction period, exceed seven years. (g) Completion of Construction. The completion of construction is deemed to occur upon the earliest of the following events: (1) When a certificate of occupancy is issued for the project (if it is located within a city). (2) When commercial production of a product or provision of a service is achieved at the Facility. (3) When the architect or engineer supervising construction issues a certificate of substantial completion, or some similar instrument. (4) Two years after the date of the Agreement. (h) Determination of Completion of Construction. The determination of the completion of construction is made by the City, in its sole and absolute discretion, based upon the above criteria and the other factors as the City deems relevant. The determination of the.completion of construction is conclusive, and any judicial review of the determination must be governed by the substantial evidence rule. (1) Abatement Percentage. Temporary property tax abatement may be authorized for the development of a New Facility, Expansion, or Modernization that meets either qualification criteria of capital investment or a qualification criteria based upon a 6 2011 TAX ABATEMENT SUPPLEMENTAL GUIDELINES AND CRITERIA rjr 10052011 rev 1 -288- combination of the number of new jobs created plus the average salary of all jobs at the facility. (1) The capital investment qualification criteria is as follows: Added Value from Capital Investment' Abatement Level $2,000,000 to $10,000,000 Level 1 $10,000,001 to $50,000,000 Level 2 $50,000,001 to $150,000,000 Level 3 $150,000,001 to $500,000,000 Level 4 Over $500,000,000 Level 5 Note: ' The qualification for abatement by capital investment is based upon the added value of Eligible Property as reflected on the tax rolls of the applicable appraisal district. (2) The combination of new jobs and salary criteria is as follows: Number of New Jabs' Average Salary Up to $50,000 Average Salary $50,001 to $70,000 Average Salary Over $70,000 20 to 99 New Jobs Level 1 Level 2 Level 3 100 to 199 New Jobs Level 2 Level 3 Level 4 200 or more New Jobs Level 3 Level 4 Level 5 Note: 1 Provided that obtaining temporary tax abatement based solely on the creation of the new jobs must be further conditioned on the requirement for the improvement or repair of property in order to meet the minimum requirements of the Act. (3) The level of any New Facility, Expansion, or Modernization that is located within a Catalyst Area or that is a Locally -Owned Facility is increased by one level above the standards set forth in Section 2(i)(1) and (2) above, with a minimum level of 3 for any the project. Further, if a Facility qualifies under both the capital investment qualification criteria and the new jobs and salary criteria, the Facility will be increased by one level above the highest criteria level achieved. (4) Any New Facility, Expansion, or Modernization that utilizes the Leadership in Energy and Environmental Design (LEED) Green Building Rating System may be increased at least one level above the qualifying level for abatement. (5) Abatement for a small business facility providing Added Value of at least $250,000 may be considered within a Catalyst Area or as a Locally -Owned Facility by the City Council on a case -by -case basis. (6) Upon compliance with the above criteria, the percentage of tax abated may be under the following schedule, with 100% abatement in each case during the construction period of up to two years: 7 2011 TAX ABATEMENT SUPPLEMENTAL GUIDELINES AND CRITERIA rir 10052011 rev 1 —289— Year Level 1 Level 2 Level 3 Level 4 Levels Year 1* 100% 100% 100% 100% 100% Year2* 100% 100% 100% 100% 100% Year 3 • 100% 100% 100% 100% 100% Year 4 75% 100% 100% 100% 100% Years 50% 75% 100% 100% 100% Year 6 25% 50% 75% 100% 100% Year 7 25% 50% 75% 100% Year 8 25% 50% 75% Year 9 25% 50% Year 10 25% *Construction Period (7) in the event the Added Value caused by the Project is less than $2.0 million, no abatement may be granted unless the Facility is a Rehabilitation Project as described in Section 2(k). (8) In order to be counted as a permanent job under these Guidelines, the job must be a full -time position providing regular work schedules of at least 32 hours per week. (A) The percentage of abatement provided each year under the Agreement must be based upon the employment information as of January 1 of the year. As a result, the actual amount of abatement may vary from year to year based upon employment levels and property valuations. (B) For example, Company A has an Agreement entered 5/1/11 and projects to create 250 permanent jobs. If the actual experience of Company A involves fluctuating job levels, the actual abatement under the Agreement could follow the following pattern: Year Employment Abatement (First $10M) Abatement (Over $1 OM) 1/1/12* 0 100% 100% 111/13' 0 100% 100% 1/1/14 150 75% 75% 1/1/15 250 100% 75% 1/1/16 150 75% 50% 1/1/17 50 50% 50% 1/1/18 250 100% 25% *Construction Period 8 2011 TAX ABATEMENT SUPPLEMENTAL GUIDELINES AND CRITERIA rjr 10052011 rev 1 —290— (9) For a Downtown Revitalization Housing Facility, the percentage of tax abated is under the following schedule: Year Percentage of Abatement Year 1* 100% Year 2* 100% Year 3 100% Year 4 100% Year 5 100% * Construction Period (10) For compliance purposes, the date for determining a permanent full -time job will be six months from the date of completion. The business must maintain the same level of employment or increase employment during the term of the agreement. (11) For an Enterprise Zone Facility, the jobs must created within six months following the completion of construction. One new permanent full -time job must be added per $5Q000 of Added Value to a property. The Owner must maintain the same level of employment or increase employment during the term of the Agreement. For example: Company X is rehabilitating a building in a Texas Enterprise Zone for a commercial use. The current value of the building is $250,000 and Company X estimates an added value of $750,000. The job requirement will be to create and maintain a minimum of 15 permanent full -time positions during the term of the Agreement. ($750,000 1 $50,000 = 15) (12) For residential multi- family housing, the job creation requirement will be waived. (13) For mixed -use facilities, the job requirement will be prorated. For example: Company Y is constructing a mixed -use facility that is 30% non - residential and the Added Value is $1,500,000. The job requirement will be to create and maintain a minimum of 9 permanent full -time jobs during the term of the Agreement. (1,500,000 X .30 = $450,0001$50,000 =9) (j) Living Wage Requirement. In order to count as a permanent full -time job under this tax abatement program, the job should provide a "living wage" for the employee. The target living wage under this abatement program is that annual amount equal or greater than poverty level for a family of three, established by the 2011 U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year, which is $8.91 per hour. The City has the right to adjust the living wage target under these Guidelines and insert a specific target in each property Agreement to govern the abatement offered under that Agreement. 9 2011 TAX ABATEMENT SUPPLEMENTAL GUIDELINES AND CRITERIA Or 10052011 rev 1 -291- (k) Rehabilitation Projects. The $2 million minimum Added Value requirement for abatement does not apply to rehabilitation projects that involve the adaptive reuse of an existing structure or building for a Facility. (1) In order to qualify as a rehabilitation project under this provision, the project must involve a minimum Added Value, as defined, of $250,000. Any rehabilitation project must involve the adaptive reuse of an existing structure or building currently on the property tax rolls so that the Base Year Value associated with the project will include both the value of the land and the existing improvements. (2) For the rehabilitation projects, all Eligible Property in excess of the Base Year Value are subject to abatement, plus the value of personal property, such as furniture and movable equipment that would otherwise be considered ineligible Property for any other type of abatement category. (3) In no event, however, may the total value of personal property subject to abatement exceed $1 million or the total amount of all property subject to abatement in a rehabilitation project exceed $5 million. (1) Properties in Industrial Districts. For eligible property to be constructed in an area which is covered by an executed industrial district agreement with the City, the method of calculating payments in lieu of property taxes for the eligible property is set forth in the industrial district agreement. As an alternative to an industrial district agreement, an eligible property may be covered by an Agreement. (m) Economic Qualification for Non - Residential Development and Mixed-Use Facilities. (1) In order to be eligible for tax abatement, the planned improvement for a Non - Residential Development or Mixed -Use Facility may create no later than the January 1 following the completion of construction and maintain throughout the remainder of the term of the Agreement the minimum number of 50 permanent full -time jobs in City. (2) The planned improvement for a Non - Residential Development or Mixed -Use Facility may not adversely affect competition in the local market with established local businesses. (n) Taxability. From the execution of the Agreement to the end of the abatement period, taxes will be payable as follows: (1) The value of Ineligible Property as provided in Section 2(e) are fully taxable (except for personal property added in connection with a Rehabilitation Project). - (2) The Base Year Value of existing Eligible Property as determined each year are fully taxable. 10 2011 TAX ABATEMENT SUPPLEMENTAL GUIDELINES AND CRITERIA rjr 10052011 rev 1 —292— (3) The Added Value of new Eligible Property (and certain personal property added in connection with a Rehabilitation Project) is taxable, less the authorized abatement provided in Section 2(i). Section 3. Application. (a) Written Application. Any present or potential owner of taxable property may request tax abatement by filing a written application with the City Manager. (b) Contents of Application. The application must consist of a completed application form provided by the City or Corpus Christi Regional Economic Development Corporation accompanied by the following: (1) A general description of the new improvements to be undertaken. (2) A descriptive list of the improvements for which abatement is requested. (3) A list of the kind, number, and location of all proposed improvements of the property. (4) A map and metes and bounds property description. (5) A time schedule for undertaking and completing the proposed improvements. (6) In the case of a modernization or expansion project, a statement of the assessed value of the Facility, separately stated for real and personal property, must be given for the tax year immediately preceding the application. (c) Additional Information. The City may require additional financial and other information that the City deems appropriate for evaluating the financial capacity and other relevant factors of the applicant. (d) Written Notification to Other Governing Bodies. Upon receipt of a completed application, the City Manager will forward a copy of the application to the presiding officer of the governing body of each jurisdiction that has taxing authority over the property covered by the application. (e) Feasibility. After receipt of an application for abatement, the City will consider the feasibility and the impact of the proposed tax abatement. The study of feasibility includes, but not be limited to, an estimate of the economic effect of the abatement of taxes and the benefit to the City and the property to be covered by the abatement, (f) No Abatement if Construction has Commenced. No Agreement may be approved if the application for the abatement was filed after the commencement of construction, alteration, or installation of improvements related to the proposed Modernization, Expansion, or New Facility. 11 2011 TAX ABATEMENT SUPPLEMENTAL GUIDELINES AND CRITERIA rjr 10052011 rev 1 —293— (g) Variance. Requests for variance from the provisions of Section 2 may be made in written form, provided, however, that no variance may extend the term of abatement beyond ten years. The requests must include a complete description of the circumstances explaining why the applicant should be granted a variance. Approval of a request for variance requires a three - fourths vote of the City Council. Section 4. Public Hearing and Approval. (a) Designation of Tax Abatement Reinvestment Zone. An action designating a reinvestment zone for tax abatement under the Act may not be adopted by the City Council until a public hearing has been held at which interested persons are entitled to speak and present evidence for or against the designation. Notice of the hearing must be provided to the public in the manner required by the Act. (b) Tax Abatement Reinvestment Zone. Under Chapter 312, Texas Tax Code, a designated Texas Enterprise Zone constitutes designation as a Reinvestment Zone without further hearing or other procedural requirements. Under Chapter 2302 of the Texas Government Code, a federally designated Renewal Community or Census Block Group with poverty greater than 20% constitutes designation as a Texas Enterprise Zone. Therefore, the Renewal Community is a Reinvestment Zone, without further hearing. Section 5. Agreement. (a) Required Findings. In order to enter into an agreement, the City must find that the terms of the proposed Agreement meets the requirements of the Act and these Guidelines. (b) Reservation of Rights. Nothing in these Guidelines may be construed to limit the authority of the City to examine each application for tax abatement before it on a case - by -case basis and determine in the City's sole and absolute discretion whether or not the proposed project should be granted temporary tax abatement, whether or not it complies with these Guidelines, is feasible, and whether or not the proposed temporary abatement of taxes will inure to the long -term benefit of the City. (c) Contents of Tax Abatement Agreement. The Agreement with the Owner of the Facility must include all of the following: (1) The estimated value to Facility subject to abatement and the Base Year Value. (2) The percentage of value to be abated each year as provided in Section 2. (3) The commencement date and termination date of abatement. (4) A provision that the term of the Agreement must extend until five (5) years after the expiration of the period of tax abatement. 12 2011 TAX ABATEMENT SUPPLEMENTAL GUIDELINES AND CRITERIA rjr 10052011 rev 1 —294— (5) The proposed use of the Facility, nature of construction, time schedule, map, metes and bounds property description, and improvements list as provided in the application. (6) The contractual obligations in the event of default, delinquent taxes, recapture, administration, and assignment as provided in these Guidelines, or other provisions that may be required for uniformity or by state law. (7) The amount of Added Value and required number of permanent full -time jobs. (d) Time of Execution. The Agreement will normally be executed within 60 days after the applicant has provided all necessary information and documentation. (e) Attorney's Fees. In the event any attorney's fees are incurred by the City in the preparation of an agreement, the fees must be paid by the applicant upon execution of the Agreement. Section 6. Recapture. (a) Failure to Commence Operation During Term of Agreement. (1) In the event that the Facility is not completed and does not begin operation with the required minimum number of permanent full -time jobs by the January 1 following the completion of construction, no abatement may be given for that tax year, and the full amount of taxes assessed against the property is due and payable for that tax year. (2) In the event that the Enterprise Zone Facility is not completed and does not begin operation with at least one permanent full -time job per $50,000 of Added Value within six months following the completion of construction, no abatement may be given for that tax year, and the full amount of taxes assessed against the property are due and payable for that tax year. In the event that the Owner of such a Facility fails to begin operation with the required minimum number of permanent full -time jobs by the next January 1 or for an Enterprise Zone Facility, at least one permanent full -time job per $50,000 within 1 year following the completion of construction, then the abatement agreement terminates and all abated taxes during the period of construction must be recaptured and paid within 60 days of the termination. (b) Discontinuance of Operations During Term of Agreement. In the event the Facility is completed and begins operation with the required number of jobs, but subsequently discontinues operations and the required number of permanent full -time jobs are not maintained as required, for any reason, except on a temporary basis due to fire, explosion, other casualty or accident, or natural disaster, the Agreement may be terminated by the City providing abatement, and all taxes previously abated by virtue of the Agreement must be recaptured and paid within 60 days of the termination. 13 2011 TAX ABATEMENT SUPPLEMENTAL GUIDELINES AND CRITERIA rjr 100520/1 rev 1 --295— (c) Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent and fails to timely and properly follows the legal procedures for their protest and/or contest, the Agreement automatically terminates and there may be no abatement of the taxes for the tax year of the delinquency. The total taxes assessed without abatement, for that tax year must be paid within 60 days from the date of termination, (d) Notice of Default. Should the City determine that the Owner is in default under the terms and conditions of its Agreement, the City will notify the Owner in writing at the address stated in the Agreement that if the default is not cured within 60 days from the date of the notice ( "Cure Period "), then the Agreement will be terminated. In the event the Owner fails to cure the default during the Cure Period, the Agreement may be terminated and the taxes abated by virtue of the Agreement will be recaptured and paid as provided in these Guidelines. (e) Actual Capital Investment. Should the City determine that the total level of capital investment in eligible property is lower than provided in the Agreement, the difference between the tax abated and the tax that should have been abated based upon the actual capital investment as determined must be paid to the City within 60 days of notification to the Owner of the determination. (f) Reduction in Rollback Tax Rate. (1) if during any year of the period of abatement with respect to any property any portion of the abated value that is added to the current total value of the Facility, but is not treated as "new property value" (as defined in Section 26.012(17) of the Texas Tax Code) for the purpose of establishing the "effective maintenance rate" in calculating the "rollback tax rate" under Section 26.04(c)(2), Texas Tax Code, and if the City's budget calculations indicate that a tax rate in excess of the "rollback tax rate" is required to fund the operations of the City for the succeeding year, then the City may recapture from the taxpayer a tax in an amount equal to the lesser of the following: (A) The amount of the taxes abated for that year by the City with respect to the taxpayer. (B) The amount obtained by subtracting the rollback tax rate computed without the abated property value being treated as new property value from the rollback tax rate computed with the abated property value being treated as new property value and multiplying the difference by the total assessed value of the City. (2) If the City has granted an abatement of taxes to more than one taxpayer, then the amount of the recapture, calculated under Section 6(f)(1)(B) above, will be prorated on the basis of the amount of the abatement with respect to each taxpayer. 14 2011 TAX ABATEMENT SUPPLEMENTAL GUIDELINES AND CRITERIA rjr 1 0052011 rev 1 —296— (3) All recaptured taxes must be paid within thirty (30) days after notice the recapture has been given to the affected taxpayer. Penalty and interest may not begin to accrue upon the sum until the first day of the month following the thirty (30) day notice, at which time penalty and interest accrues under the laws of the State of Texas. (g) Continuation of Tax Lien. The amount of tax abated each year under the terms of these Guidelines and the Agreement must be secured by a first and prior tax lien that continues in existence from year to year throughout the entire term of the Agreement or until all taxes, whether assessed or recaptured, are paid in full. (h) Automatic Termination. The Agreement must automatically terminate on and as of the date any of the following events occur: (1) The filing of a petition in bankruptcy by the Owner. (2) The making by the Owner of an assignment for the benefit of creditors. (3) Any involuntary petition in bankruptcy or petition for an arrangement under the federal bankruptcy code is filed against the Owner. (4) A receiver is appointed for the business of the Owner (i) Prior Notice of Automatic Termination Not Required. In the event of automatic termination for any of the reasons in Section 6(h), the prior notice of default provisions in Section 6(d) do not apply. Section 7. Administration. (a) Annual Assessment. The applicable appraisal district shall annually determine an assessment of the real and personal property subject to an Agreement. Each year, the Owner shall furnish the Appraisal District with the information as may be necessary for the abatement. Once value has been established, the Appraisal District may notify the affected jurisdictions which levy taxes of the amount of the assessment and the abatement. (b) Access to Facility. The Agreement must stipulate that employees or designated representatives of the City will have access to the Facility during the term of the Agreement to inspect the Facility to determine if the terms and conditions of the Agreement are being met. All inspections will be made only after giving 24 hours prior notice and will only be conducted in the manner as to not unreasonably interfere with the construction or operation of the Facility. All inspections will be made with one or more representatives of the Owner and under its safety standards. (c) Annual Evaluation. Upon completion of construction, the City individually or in conjunction with other affected jurisdictions, will annually evaluate each Facility receiving abatement to ensure compliance with the Agreement and report possible violations of the Agreement. 15 2011 TAX ABATEMENT SUPPLEMENTAL GUIDELINES AND CRITERIA rjr 10052011 rev 1 -297- (d) Annual Reports. The Owner shall certify to the City Council on or before April 1 each year that the Owner is in compliance with each applicable term of the agreement. Additionally, during the term of property tax abatement, the Owner shall provide to the City approving the abatement an annual report covering those items listed on Schedule 1 in order to document its efforts to acquire goods and services on a local basis. The annual report must be prepared on a calendar year basis and must be submitted to the City no later than ninety (90) days following the end of each the calendar year. The annual report must be accompanied by an audit letter prepared by an independent accounting firm which has reviewed the report. (e) "Buy Local" Provision. Each recipient of property tax abatement shall additionally agree to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. In any exception involving purchases over $10,000.00, a justification for the purchase must be included in the annual report. Each recipient shall further acknowledge that it is a legal and moral obligation of persons receiving property tax abatements to favor local manufacturers, suppliers, contractors, and labor, all other factors being equal. For the purposes of this provision, the term "local" as used to describe manufacturers, suppliers, contractors, and labor included firms, businesses, and persons who reside in or maintain an office in the Corpus Christi Metropolitan Statistical Area. In the event of a breach of the buy -local provision, the percentage of abatement will be proportionately reduced equal to the amount the disqualified contract bears to the total construction cost for the project. (f) Right to Modify or Cancel. Notwithstanding anything in these Guidelines or in any agreement to the contrary, the City Council may cancel or modify the agreement if the Owner fails to comply with the Agreement. (g) Transition Rule. For any project which obtained an Agreement within the twelve months prior to adoption of these Guidelines, the project may, upon the agreement of the Owner and the City, obtain an amendment to its Agreement to incorporate the terms and conditions of these Guidelines. 16 2011 TAX ABATEMENT SUPPLEMENTAL GUIDELINES AND CRITERIA rjr 10052011 rev 1 -298- SCHEDULE 1 "Buy Local" Annual Reports The following information must be reported to the City on a calendar -year basis during the first four years of the tax abatement program: 1. Dollar amount spent for materials* (local). 2. Dollar amount spent for materials* (total). 3. Dollar amount spent for labor** (local). 4. Dollar amount spent for labor ** (total). 5. Number of jobs created in the construction project (local). 6. Number of jobs created in the construction project (total). 7. Number of jobs created on a permanent basis (local). 8. Number of jobs created on a permanent basis (total). * "Materials" is defined to include all materials used in excavation, site improvement, demolition, concrete, structural steel, fire proofing, piping, electrical, instruments, paintings and scaffolding, insulation, temporary construction facilities, supplies, equipment rental in construction, small tools and consumables. This term does not include major items of machinery and equipment not readily - available locally. ** "Labor" is defined to include all labor in connection with the excavation, site improvement, demolition, concrete construction, structural steel, fire proofing, equipment placement, piping, electrical, instruments, painting and scaffolding, insulation, construction services, craft benefits, payroll burdens, and related labor expenses. This term does not include engineering services in connection with the project design. The term "local" as used to describe manufacturers, suppliers, contractors and labor includes firms, businesses, and persons who reside in or maintain an office in either Nueces County or San Patricio County. 17 2011 TAX ABATEMENT SUPPLEMENTAL GUIDELINES AND CgIA rjr 10052011 rev 1 Page 1 of 2 Resolution. amending the City of Corpus Christi Economic Development Incentive Policies 2009 — 2011 to incorporate provisions of the City's Guidelines and Criteria for Granting Tax Abatements. WHEREAS, on November 17, 2009, the City Council by Resolution 028424, adopted the City of Corpus Christi Economic Development Incentive Policies 2009 — 2011 ( "Incentive Policies "), which incorporated the City's Guidelines and Criteria for Granting Tax Abatement; WHEREAS, the City's Incentive Policies need to updated to reflect the City's revised Guidelines and Criteria for Granting Tax Abatement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The description of the Local Incentive for Tax Abatement in the Incentive Policies is revised . A copy of the revised incentive policy is attached to and incorporated into this resolution as Exhibit A. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED: 5 day of , 2011. R. Ji R ming First istant City ttorney For City Attorney Tax Abatement Incentive Policies -- Amendment Resolution — 10052011.docx —300— Page 2 of 2 Corpus Christi, Texas of ,2011 The above resolution 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 Tax Abatement Incentive Policies -- Amendment Resolution — 10052011.docx -301- TAX ABATEMENT Policy Description: The Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, www.statutes.Iegis. state .tx.us /DocsITX/pdfJTX.312.pdf, authorizes counties, cities and school districts to provide property tax abatement for limited periods of time as an inducement for the development or redevelopment of a property. The City of Corpus Christi (City) would like to establish certain areas for particular emphasis in offering enhanced temporary tax abatement for economic development such as-the , , 11, 13, 35, and 50, Texas Enterprise Zones, Downtown, Corpus Christi (North) Beach, and Padre /Mustang Islands (other than areas within Tax Increment Reinvestment Zone Number Two, City of Corpus Christi), and any other catalyst area identified by the City Council. The City would like to provide enhanced temporary tax abatement for economic development by locally -owned enterprises building new facilities or engaged in modernization or expansion projects. The City Council reserves the right to waive or modify this policy. Eligibility Criteria: o Authorized Facilities. A Facility generally may be eligible for abatement in any area of the City if it is one of the following: Basic Industrial, Manufacturing or Service Facility Regional Distribution Center Facility Regional Telecommunications /Data Processing Center Facility Regional Visitor /Amusement Facility Petrochemical Facility A Facility located in Texas Enterprise Zone, Downtown or Corpus Christi (North) Beach. Padre /Mustang Islands (other than areas within Tax increment Reinvestment Zone Number Two City of Corpus Christi), or other catalyst areas identified by the City Council additionally may be eligible if it is a Multi - Family Housing Facility, a Mixed - Use Facility, or if it includes retail facilities, hotel accommodations, or any other facilities as determined by the City Council on a case -by -case basis. Abatement may be granted for a New Facility or for improvements to any of the above existing facilities for the purpose of Modernization or Expansion. o Period of Abatement. Abatement may be granted effective with the January 1 valuation date immediately following the date of execution of the Agreement. Abatement may be allowed for a period of up to ten (10) years. 1 Economic Incentive Policies -- Tax Abatement 2009 -2011 rjr 10032011.docx —302 — Exhibit A o Completion of Construction. (1) The completion of construction will be deemed to occur upon the earliest of the following events: A. When a certificate of occupancy is issued for the Facility (if the Facility is located within the City), B. When commercial production of a product or provision of a service is achieved at the Facility, C. When the architect or engineer supervising construction issues a certificate of substantial completion, or some similar instrument, or D. Two (2) years after the date of the Agreement. (2) The above determination may be made by the City offering the abatement, in its sole and absolute discretion, based upon the above criteria and such other factors as the jurisdiction may deem relevant. The determination of the completion of construction will be conclusive, and any judicial review of such determination must be governed by the substantial evidence rule. o Abatement Percentage. Temporary property tax abatement may be authorized for the development of a New Facility or Expansion or Modernization that meets either qualification criteria of capital investment or a qualification criteria based upon a combination of the number of new jobs created plus average salary. (1) The capital investment qualification criteria is as follows: Added Value from Capital Investment Abatement Level $2,000,000 to $10,000,000 Level 1 $10,000,001 to $50,000,000 Level 2 $50,000,001 to $150,000,000 Level 3 $150,000,001 to $500,000,000 Level 4 Over $500,000,000 Level 5 2 Economic incentive Policies — Tax Abatement 2009 -2011 rjr 1003203011.docx 3— — The qualification for abatement by capital investment shall be based upon the added value of Eligible Property as reflected on the tax rolls by the Nueces County Appraisal District. (2) The combination of new jobs and salary criteria is as follows: (3) Provided that, obtaining temporary tax abatement based solely on the creation of such new jobs shall be further conditioned on the requirement for the improvement or repair of property in order to meet the minimum requirements of the Act. Any New Facility, Expansion, Modernization that is located within a Texas Enterprise Zone, Downtown, Corpus Christi (North) Beach or Padre /Mustang Island (other than areas within Tax Increment Reinvestment Zone Number Two, City of Corpus Christi), and any other catalyst area identified by the City Council or that is a Locally -Owned Facility shall be increased by one level above the standards set forth above, with a minimum level of 3 for any such project. Further, if a Facility qualifies under both criteria, the Facility will be increased by one level above the higher level of qualification. (4) Any New Facility, Expansion, Modernization that will utilize the Leadership in Energy and Environmental Design (LEED) Green Building Rating System may be increased at least one level above the qualifying level for abatement. Abatement for a small business facility providing Added Value of at least $250,000 may be considered within the a Texas Enterprise Zone, Downtown, Corpus Christi (North) Beach or Padre /Mustang Island (other than areas within Tax Increment Reinvestment Zone Number Two, City of Corpus Christi), and any other catalyst area identified by the City Council or as a Locally - Owned Facility by the City Council on a case -by -case basis. (5) 3 Economic Incentive Policies — Tax Abatement 2009 -2011 rjr 10032011.docx -304- Average Salary Up to $50,000 Average Salary Average Salary $50,001 to $70,000 Over $70,000 20 to 99 New Jobs Level 1 Level 2 Level 3 100 to 199 New Jobs Level 2 Level 3 Level 4 200 or more New Jobs Level 3 Level 4 Level 5 (3) Provided that, obtaining temporary tax abatement based solely on the creation of such new jobs shall be further conditioned on the requirement for the improvement or repair of property in order to meet the minimum requirements of the Act. Any New Facility, Expansion, Modernization that is located within a Texas Enterprise Zone, Downtown, Corpus Christi (North) Beach or Padre /Mustang Island (other than areas within Tax Increment Reinvestment Zone Number Two, City of Corpus Christi), and any other catalyst area identified by the City Council or that is a Locally -Owned Facility shall be increased by one level above the standards set forth above, with a minimum level of 3 for any such project. Further, if a Facility qualifies under both criteria, the Facility will be increased by one level above the higher level of qualification. (4) Any New Facility, Expansion, Modernization that will utilize the Leadership in Energy and Environmental Design (LEED) Green Building Rating System may be increased at least one level above the qualifying level for abatement. Abatement for a small business facility providing Added Value of at least $250,000 may be considered within the a Texas Enterprise Zone, Downtown, Corpus Christi (North) Beach or Padre /Mustang Island (other than areas within Tax Increment Reinvestment Zone Number Two, City of Corpus Christi), and any other catalyst area identified by the City Council or as a Locally - Owned Facility by the City Council on a case -by -case basis. (5) 3 Economic Incentive Policies — Tax Abatement 2009 -2011 rjr 10032011.docx -304- (6) Upon compliance with the above criteria, the percentage of tax abated may be in accordance with the following schedule, with 100% abatement in each case during the construction period of up to two years: Year Level Level 2 Level 3 Level 4 Level 5 Year 1* 100% 100% 100% 100% 100% Year 2* 100% 100% 100% 100% 100% Year 3 100% 100% 100% 100% 100% Year 4 75% 100% 100% 100% 100% Years 50% 75% 100% 100% 100% Year6 25% 50% 75% 100% 100% Year 7 25% 50% 75% 100% Year 8 25% 50% 75% Year 9 25% 50% Year 10 25% *Includes the Tile- period of construction, which may extend up to two years. (7) (8) The percentage of abatement provided each year under the Agreement shall be based upon the information provided as of January 1 of each year after the completion of construction; provided that, for a project that completes construction after June 30 the calculation date shah commence on January 1 of the second year after completion of construction. A. For projects qualifying based on capital expenditures creating Added Value, the percentage shall be determined based on the Added Value established for that year (the actual amount of abatement may vary from year to year based upon property valuations and employment levels). B. For projects qualifying based on the number of new jobs and average salary, the percentage shall be determined based on the employment information provided. During the period of construction of the Facility and extending until the first calculation date provided above, the Owner may receive an 4 Economic Incentive Policies — Tax Abatement 2009 -2011 rjr 10032011.docx -305- abatement percentage based upon the criteria set forth in the Owner's application for abatement approved by the governing body of the City. The construction period may last up to two years. A. Economic Qualification. In order to be eligible for tax abatement, the planned improvement: (1) Must create no later than the January 1 following the completion of construction and maintain throughout the remainder of the term of the Agreement, the required number of permanent full -time jobs in the City of Corpus Christi; or (2) Must be determined by the City Council not to adversely affect competition in the local market with established local businesses in a manner that exceeds the economic benefit of the project. o Compliance Requirements. (1) Creation of New Value. Abatement may only be granted for the additional value of eligible property improvements made subject to and listed in an Agreement between the City and the property owner and ground lessor (if applicable), subject to such limitations as said jurisdiction may require. The economic life of the improvements must exceed the term of the Agreement. (2) Eligible Property. Abatement may be extended to the value of the improvements to real property, including buildings, structures, fixed or movable machinery and equipment (excluding motor vehicles, vessels and aircraft), and site improvements, plus office space and related improvements necessary to the operation and administration of the Facility together with appreciation in land values for projects in the Renewal Community, Downtown or Corpus Christi (North) Beach and any other catalyst area identified by the City Council. (3) Ineligible Property. The following types of property are fully taxable and ineligible for abatement: inventories; supplies; vehicles, vessels; aircraft; deferred maintenance; improvements for the transmission of electrical energy not wholly consumed by a New Facility, Modernization or Expansion; or improvements to real property which have an economic life of less than 15 years; unless any of the above types of property are specifically authorized by the City. (4) Taxability. From the execution of the Agreement to the end of the abatement period, taxes will be payable as follows: A. The value of Ineligible Property is fully taxable; 5 Economic Incentive Policies -- Tax Abatement 2009 -2011 rjr 10032011.docx —306— B. The Base Year Value of existing Eligible Property as determined each year is fully taxable; C. The Added Value of new Eligible Property is taxable in the manner described above; and D. The Added Value of new property not related to the "New Facility" is fully taxable. (6) Environmental and Worker Safety Qualifications. In determining whether to grant a tax abatement, consideration will be given to compliance with all state and federal laws designed to protect human health, welfare, and the environment ( "environmental laws ") that are applicable to facilities in the State of Texas owned or operated by the owner of the facility or lessee, its parent, subsidiaries and, if a joint venture or partnership, to every member of the joint venture or partnership ( "applicants "). Consideration may also be given to compliance with environmental and worker safety laws by applicants at other facilities within the United States. (6) How to Apply: Tax Increment Reinvestment Zones (TIRZ). Projects located within a TIRZ must be evaluated to determine how any Tax Abatement will impact the zone and the zone's financing plan. o Written Application. Any present or potential owner of taxable property may request tax abatement by filing a written application with the City Manager of the City, if such property is within the City limits. o Contents of Application. The application shall consist of a completed application form accompanied by: a general description of the new improvements to be undertaken; a descriptive list of the improvements for which abatement is requested; a list of the kind, number and location of all proposed improvements of the property; a map and property description; and a time schedule for undertaking and completing the proposed improvements. In the case of a Modernization or Expansion project, a statement of the assessed value of the Facility, separately stated for real and personal property, must be given for the tax year immediately preceding the application. The application form may require such financial and other information as the City deems appropriate for evaluating the financial capacity of the City and other relevant factors of the applicant. Please contact the City of Corpus Christi's Economic Development Office at (361) 826- 3850 to request the application or visit www. cctexas.comleconomicdevelopment to download the application. Economic Incentive Policies — Tax Abatement 2009 -2011 rjr 10032516.d,ocx The City shall not grant any incentive unless the business submits a full and complete application and provides additional information as may be requested. The accuracy of the information in the application is the sole responsibility of the applicant. Upon request, the applicant shall provide supporting documentation. Any misstatement of or error in fact may render an application null and void and may be cause for repeal of any ordinance adopted in reliance of said information. If it is determined that the application meets these guidelines, a full and financial programmatic review will be conducted. This review may be done by City Staff, an outside agency or consultant and will ensure conformance with these guidelines. An application fee is based on a sliding scale and can be viewed on pg. 90 in the fee schedule. The fee must be paid in the form of a check or money order and made payable to the City of Corpus Christi, Texas. Additional Resources: Development Services www. cctexas.com /developmentservices Corpus Christi Regional Economic Development Corporation www.ccredc.com Economic Incentive Policies — Tax Abatement 2005 -2011 rjr 10032011.docx —308— 28 AGENDA MEMORANDUM for the City Council Meeting of November 15, 2011 DATE: 10/13/2011 TO: Ronald L. Olson, City Manager THROUGH: Rudy Garza, Interim Assistant City Manager FROM: Mike Culbertson (361) 882 -7448 mculbertson @ccredc.com CAPTION: Tax Abatement for Corpus RP -Two, Ltd. Resolution authorizing the execution of an agreement with Corpus RP -Two, Ltd., providing for temporary property tax abatement BACKGROUND AND FINDINGS: Corpus RP -Two, Ltd. Is a Nursing and Rehabilitation Center that will invest $3.5 million in construction, equipment and fixtures. They will construct a 120 bed nursing and rehabilitation facility and hire 70 -100 full time employees. The agreement would provide for a declining tax abatement for eight years. The City Council has approved tax abatements for downtown apartment/condominiums, Topaz Power, and hotels. This would be the first nursing facility. ALTERNATIVES: They are looking at expanding in other parts of Texas. OTHER CONSIDERATIONS: They are locating in a Council identified catalyst area. CONFORMITY TO CITY POLICY: This project is in compliance with both the old and newly revised tax abatement guidelines: EMERGENCY 1 NON- EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Rudy D. Garza, Interim Assistant City Manager _31 1 — FINANCIAL IMPACT: Not applicable Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered I Expended Amount This item BALANCE Fund(s): Comments: Not applicable RECOMMENDATION: Staff recommends approval of the resolution to grant tax abatement to Corpus RP. LIST OF SUPPORTING DOCUMENTS: Tax Abatement agreement Approvals: Brian Narvaez, Assistant City Attorney Constance P. Sanchez, interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Interim Assistant City Manager Resolution authorizing the execution of an agreement with Corpus RP -Two, Ltd., providing for temporary property tax abatement WHEREAS, the Texas Property Redevelopment and Tax Abatement Act (the "Act "), Texas Tax Code, Chapter 312, as amended, authorizes the City of City of Corpus Christi, Texas (the "City ") to enter into tax abatement agreements for projects meeting the guidelines and criteria for granting tax abatement duly adopted by the City; and WHEREAS, an application for temporary tax abatement has been filed with the City by Corpus RP -Two, Ltd., for the construction of improvements to facilities in the City; and WHEREAS, the property to be covered by the proposed tax abatement agreement is located in the city limits of the City of Corpus Christi within an area designated as a reinvestment zone eligible for property tax abatement under the provisions of the Act; and WHEREAS, the project is not located on property that is owned or leased by a person who is a member of the city council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council finds and determines that the terms of the proposed agreement with Corpus RP -Two, Ltd., providing for temporary property tax abatement and the property subject to the proposed agreement meet the applicable guidelines and criteria, as amended, adopted by the City. The City Council further determines that the proposed project is feasible and the proposed temporary abatement of taxes will inure to the long term benefit of the City. SECTION 2. The Tax Abatement Agreement with Corpus RP -Two, Ltd., attached in substantial form as Exhibit A, is approved, and the City Manager is authorized to execute the agreement. Adopted at a regular meeting of the City Council on the day of 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor Corpus RP Two Tax Abatement Agreement Resolution — 10052011.docx —313— APPROVED: Stn day of October, 2011. R. lnin� First A sistant City Attorney For City Attorney Corpus RP Two Tax Abatement Agreement Resolution — 10052011.docx —3 H- 2 2 Corpus Christi, Texas of , 2011 The above resolution 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 Corpus RP Two Tax Abatement Agreement Resolution -- 10052011.docx —315— 3 - TAX ABATEMENT AGREEMENT THE STATE OF TEXAS } } COUNTY OF NUECES } This Tax Abatement Agreement ( "Agreement ") is made and entered into by and between the City of Corpus Christi, Texas ( "City ") and Corpus RP -Two, Ltd., a Texas limited partnership ( "Owner "), the owner of taxable property in the City of Corpus Christi, Texas, located at 3030 Fig Street, Corpus Christi, Nueces County, Texas ('Property ") 1. AUTHORIZATION This Agreement is authorized by the Texas Property Redevelopment and Tax Abatement Act, Texas Tax Code, Chapter 312, as amended ( "Act "), and is subject to the laws of the State of Texas and the charter, ordinances, and orders of the City. II. DEFINITIONS A. As used in this Agreement, the following terms have the following meanings: 1. "Abatement" means the temporary or partial exemption from ad valorem taxes of certain added value to real and personal property in a zone designated for economic development purposes under the Act 2. "Added Value" means the increase in the assessed value of the Eligible Property as a result of "expansion" or "modernization" of an existing facility or construction of a "new facility." ft does not mean or include "deferred maintenance." 3. "Base Year Value" means the assessed value of the Improvements on the Property as certified by the Nueces County Appraisal District as of the January 1 preceding the execution of this Agreement, plus the agreed upon value of Improvements made after January 1, but before the execution of this Agreement, 4. "Construction Phase" means the period during which a material and substantial improvement of the Property occurs which represents a separate and distinct construction operation undertaken for the purpose of erecting the Improvements. (a) The Construction Phase ends upon the earliest to occur of the following events: (1) When a certificate of occupancy is issued for the project (if within City limits). Pagel of16 Corpus RP 2 Tax Abatement Agreement 10052011.docx —316— (2) When commercial production of a product or provision of a service is achieved at the facility. (3) When the architect or engineer supervising construction issues a certificate of substantial completion, or some similar instrument. (4) Two (2) years after the date of this Agreement. (b) The determination of the end of the Construction Phase is made by the City, in its sole and absolute discretion, based upon the above criteria and the other factors as the City may deem relevant. (c) The determination of the end of the Construction Phase by the City is conclusive, and any judicial review of the determination is governed by the substantial evidence rule. 5. "Eligible Property" means the buildings, structures, site improvements, and that office space and certain personal property necessary to the operation and administration of the Facility to be constructed under this Agreement.. A list of the Eligible Property is set forth in the Project Description, which is attached to this Agreement as Exhibit A and made a part of this Agreement. During the Construction Phase of the Eligible Property, the Owner may make the change orders to the Eligible Property as are reasonably necessary to accomplish its intended use, provided that no change order may be made which will change the qualification of the project as a "Facility" under the Guidelines and Criteria for Granting Tax Abatement approved by the City. 6. "Facility" means a Basic Manufacturing or Service Facility, Regional Distribution Center Facility, Regional Telecommunications /Data Processing Center Facility, Regional Visitor Amusement Facility, Central Business District (CBD) Residential Facility, Renewal Community Facility, or Petrochemical Facility approved by the City as set forth in the Guidelines and Criteria for Granting Tax Abatement adopted by the City. 7. "Improvements" means the buildings, portions of buildings, and other improvements, including fixed machinery and equipment, used for commercial or industrial purposes on the Property. 8. "Ineligible Property" means land; inventories; supplies; tools; furnishings and other forms of movable personal property; vehicles; vessels; aircraft; housing; hotel accommodations; deferred maintenance investments; property to be rented or leased, except as provided in Section 2(e); any improvements, including those to produce, store or distribute natural gas, fluids or gases, which are not integral_ to the operation of the Facility; improvements to real property which have an economic life of less than 15 years; property owned or used by the State of Texas or its political subdivisions or by any organization owned, operated, or Corpus RP 2 Tax Abatement Agreement 10052011.docx Page 2 of 16 —317— directed by a political subdivision of the State of Texas; unless any of the above types of property are specifically authorized by the City. B. The Guidelines and Criteria for Granting Tax Abatement adopted by the City are incorporated as a part of this Agreement. Except as the guidelines and criteria are specifically modified by this Agreement, all definitions in the guidelines and criteria are applicable to this Agreement. PROPERTY A. The Property is an area within the City of Corpus Christi, Texas, located in whole or in part within the jurisdiction of the City, and is more fully described in Exhibit B, which is attached to this Agreement and made a part of this Agreement. The Property is located within a zone for tax abatement established under Chapter 312 of the Texas Tax Code, as amended, by the City of Corpus Christi, Texas. B. The Nueces County Appraisal District has established the following values for the Property as of the January 1 valuation date prior to the date of execution of this Agreement. Account No. 0336-000-0010 (R187175) Land $14,250.00 Improvements $15,938.00 Account No. 0336 - 0000 -0015 (R187177) Land $35,325.00 Account No. 0336- 0000 -0070 (RI 87185) Land $52,431.00 Improvements $707,796.00 Account No. 0336 - 0000 -0080 (RI 87186) Land $33,712.00 Improvements $341,308.00 Account No. 6745- 0014 -0010 (R285091 Land $13,843.00 Page 3 of 16 Corpus RP 2 Tax Abatement Agreement 10052011 :docx —318— C. The City and the Owner agree that the value of any additions to the Improvements made after January 1 or not otherwise reflected on the above valuation of Improvements is: Additional Improvements: $0.00 D. Addition of the above amount to the valuation of the Improvements as of the January 1 valuation date prior to the date of execution of this Agreement results in a Base Year Value as follows: Base Year Value: $1,065,042.00 IV. TERM OF ABATEMENT AND AGREEMENT A. The City agrees to abate the ad valorem taxes on the Eligible Property under this Article and Articles V and VI of this Agreement. The Abatement is effective with the January 1 valuation date immediately following the date of execution of this Agreement. The Abatement continues for up to two (2) years during the period of the Construction Phase and for the next six (6)) full tax years after the Construction Phase, expiring as of December 31 of the 2018 tax year. If the period of the Construction Phase exceeds two (2) years, the Facility is considered completed for purposes of Abatement, and in no case may the period of Abatement, inclusive of construction and completion exceed eight (8) tax years. The years of Abatement provided in this Agreement in each instance coincide with the tax year commencing on January 1 and expiring on December 31, and in no event may the Abatement extend beyond December 31 of the 2020 tax year. This Abatement also covers as Eligible Property those supplemental improvements to the Eligible Property that are added or constructed during the post - construction two (2) year period of Abatement. In no event, however, may the total Abatement period for the Eligible Property exceed the maximum eight (8) year Abatement period for the entire project as specified in this Agreement. B. The term of this Agreement continues for a period of five (5) years following expiration of the abatement period. All terms and conditions imposed upon the Owner continue in effect during the period, and the Owner is obligated specifically to continue the minimum employment levels specified in this Agreement Any default is subject to the provisions of Article VIII of this Agreement. V. TAXABILITY During the period that the Abatement is effective, taxes are payable as follows: 1. The value of the land comprising the Property is fully taxable. 2. The Base Year Value of existing Improvements comprising the Property is fully taxable. 3. The value of Ineligible Property is fully taxable. Page 4 of 16 Corpus RP 2 Tax Abatement Agreement 10052011 .docx —319— 4. The Added Value of Eligible Property is abated under Article VI of this Agreement. VI. AMOUNT OF ABATEMENT A. The Abatement provided by this Agreement is based upon a Service Facility for each created one (1) new permanent full -time or full -time equivalent job per $50,000 of Added Value to the Property following the completion of construction and maintaining the same level of employment for the term of this abatement Agreement. The percentage of tax abated is under the following schedule: Percentage of Abatement Year 1* 100% Year 2* 100% Year 3 100% Year 4 100% Year 5 100% Year 6 75% Year 7 50% Year 8 25% * Construction period B. In order to be counted as a permanent job under this Agreement, the job must be a full -time or full -time equivalent ( "FTE ") position with regular work schedules averaging at least 32 hours per week. The term "FTE" shall mean One Thousand Six Hundred and Sixty Four (1,664) hours of work over a twelve (12) month period, at an average of at least thirty two (32) hours of work per week, including allowance for vacation and sick leave, with full company benefits consistent with company policy, and employed exclusively and on -site at the Facility in the City of Corpus Christi, Texas. C. For compliance purposes, the determination date is January 1 of each year commencing with January 1 of the year following one full calendar year after the date of completion of construction ( "Employment Level Abatement Period "). The percentage of abatement provided each year under this Agreement during the Employment Level Abatement Period is based upon the employment information as of January 1 of each year during the Employment Level Abatement Period. As a result, the actual amount of abatement may vary from year to year based upon employment levels for abatement periods applicable to the Employment Level Abatement Period and property valuations applicable to all abatement periods. Corpus RP 2 Tax Abatement Agreement 10052011.docx Page 5 of 16 —320— [Note: If this project is designated as a "rehabilitation project" under the Guidelines and Criteria which involves the adaptive reuse of an existing structure or building for a Facility, the project must involve a minimum capital expenditure of $250,000. The rehabilitation project must involve the adaptive reuse of an existing structure or building currently on the property tax rolls so that the Base Year Value associated with the project includes both the value of the land and the existing improvements. The Owner and Owner's landlord specifically disclaim any abatement for improvements to the building, and the covenants and obligations of this Agreement may not be binding upon Owner's landlord. The sole Eligible Property subject to abatement is the value of personal property such as furniture and movable equipment installed by Owner, which would otherwise be considered Ineligible Property for any other type of abatement category. In no event, however, may the total value of the personal property subject to abatement exceed $1 million.] D. At the time of execution of this Agreement, the Owner reasonably estimates and represents to the City that the Added Value comprising permanent Improvements upon completion of the Construction Phase is: $3,500,000.00 ( "Estimated Added Value "), of which $3,500,000.00 is eligible for tax abatement. E. In the event that upon completion of the Construction Phase, the Added Value of permanent Improvements, as determined by the Appraisal District, is at any time during the period of Abatement Tess than eight -five percent (85 %) of the Estimated Added Value, not due to circumstances beyond the control of Owner, the Owner agrees to pay, as additional taxes under this Agreement, an amount equal to the then current tax rate of the City applied to the difference between the Added Value and eighty -five percent (85 %) of the Estimated Added Value, multiplied by 100% minus the net percentage of Abatement provided under this Agreement. For the purposes of this provision, the term "circumstances beyond the control of Owner" includes casualty losses, national economic factors, shutdowns due to governmental regulations, strikes, acts of war; and the like. F. The formula for calculating the additional tax is outlined as follows: (Tax Rate] x [(85% of Est. Added Value - Actual AV) x (100% - Abatement %)] = Additional Tax. VII. CONTEMPLATED IMPROVEMENTS A. The contemplated improvements are set forth in the Project Description attached as Exhibit "A." During the Construction Phase, the Owner may make the change orders to the project that are reasonably necessary, provided that no change order may be made that will change the qualification of the project as a "Facility" under the Guidelines and Criteria for Granting Tax Abatement approved by the City. All improvements must be completed under all applicable laws, ordinances, rules or regulations. During the term of this Agreement, use of the Property is limited to operation of the Facility described in Page 6 of 16 Corpus RP 2 Tax Abatement Agreement 10052011.docx —321— the Project Description consistent with the general purpose of encouraging development or redevelopment of the zone during the period of this Agreement. B. Owner represents and warrants that this project will add at least one (1) additional permanent or full -time or FTE operating or contract employee per $50,000 of Added Value to the property as of January 1 of the first calendar year during the Employment Level Abatement Period and will maintain the same level of employment for the term of this abatement Agreement. Also, Owner represents and warrants the project is not expected to solely or primarily have the effect of transferring employment from one part of Nueces County to another. Vlll. EVENTS OF DEFAULT AND RECAPTURE A. Failure to Commence Operation During Term of Agreement. In the event that the Facility is not completed and does not operate with the minimum number of 70 permanent or FTE jobs as of the first January 1 of the Employment Level Abatement Period , no abatement is given for that tax year, and the full amount of taxes assessed against the property is due and payable for that tax year. In the event that the Owner fails to operate with the minimum number of 70 permanent jobs by the second January 1 of the Employment Level Abatement Period, then this Abatement Agreement terminates and all abated taxes during the Construction Period are recaptured and must be paid within 60 days of the termination. B. Discontinuance of Operations During Term of Abatement. In the event the Facility is completed and operates with the required minimum number of permanent or FTE jobs as required under this Agreement, but subsequently discontinues operations or the minimum number of permanent or FTE jobs is not maintained on any January 1 during the term of the Agreement following the Construction Period, for any reason except on a temporary basis due to fire, explosion, or other casualty, accident, or natural disaster, the Agreement may be terminated by the City, and all taxes previously abated by virtue of this Agreement are recaptured and must be paid within 60 days of the termination. C. Delinquent Taxes. in the event that the Owner allows its ad valorem taxes to become delinquent or fails to timely and properly follow the legal procedures for their protest or contest (if protested), this Agreement terminates and the abatement of the taxes for the calendar year of the delinquency also terminates. The total taxes assessed without abatement for the calendar year of the tax delinquency must be paid within sixty (60) days from the date of termination. Penalty and interest do not begin to accrue on the additional amount of taxes due as the result of recapture under this provision until the first day of the month following the sixty (60) day notice, at which time penalty and interest accrues under the laws of the State of Texas. Penalty and interest on the amount of taxes originally levied based upon the Abatement begin to accrue as of the date the taxes were due under the laws of the State of Texas. D. Notice of Default. Should the City determine that the Owner is in default under the terms and conditions of this Agreement, the City must notify the Owner that if the default is not cured within sixty (60) days from the date of the notice ( "Cure Period "), then this Page 7of16 Corpus RP 2 Tax Abatement Agreement 10052011.docx -322- Agreement may be terminated. In the event the Owner fails to cure the default during the Cure Period, this Agreement may be terminated and the taxes abated by virtue of the Agreement will be recaptured and must be paid as provided in this Agreement. E. Actual Added Value. Should the Nueces County Appraisal District determine that the total level of Added Value during any year of the term of this Agreement after completion of the Construction Period is lower than the Estimated Added Value, the percentage of Abatement will be based upon the actual Added Value (subject to sub- paragraphs VI.D. and E. above). For each year during which an Abatement has been granted, the difference between the tax abated and the tax that should have been abated based upon the actual Added Value as determined by the City must paid within 60 days of notification to the Owner of the determination. Penalty and interest does not begin to accrue upon the sum until the first day of the month following the sixty (60) day notice, at which time penalty and interest accrues under the laws of the State of Texas. F. Reduction in Rollback Tax Rate. 1. If during any year of the period of Abatement any portion of the abated value is added to the current total value of the City, but is not treated as "new property value" (as defined in Section 26.012 (17) of the Texas Tax Code) for the purpose of establishing the "effective maintenance rate" in calculating the "rollback tax rate" under Section 26.04 (c) (2) of the Texas Tax Code and if the City's budget calculations indicate that a tax rate in excess of the "rollback tax rate" is required to fund the operations of the City for the succeeding year, then the City recaptures from the Owner a tax in an amount equal to the lesser of the following: (a) The amount of the taxes abated for that year by the City with respect to the Property. (b) The amount obtained by subtracting the rollback tax rate computed without the abated property value being treated as new property value from the rollback tax rate computed with the abated property value being treated as new property value and multiplying the difference by the total assessed value of the City. 2. If the City has granted an abatement of taxes to more than one taxpayer, then the amount of the recapture calculated under subparagraph (b) above is prorated on the basis of the value of the abatement with respect to each taxpayer. 3. This event does not constitute a "default" under this Agreement, and the sixty (60) day Cure Period provided above does not apply. The recaptured taxes must be paid within thirty (30) days after notice of the rollback in tax rate has been given to the Owner. Penalty and interest do not begin to accrue upon the sum until the first day of the month following the thirty (30) day notice, at which time penalty and interest accrue under the laws of the State of Texas. Page 8 of 16 Corpus RP 2 Tax Abatement Agreement 10052011.docx —323— G. Continuation of Tax Lien, 1. The amount of tax abated each year under the terms of this Agreement is secured by a first and prior tax lien, which continues in existence from year to year until the time this Agreement between the City and Owner is fully performed by Owner, or until all taxes, whether assessed or recaptured, are paid in full. H. City Council Reserves Right to Terminate of Modify Agreement. In the event of any default by Owner, the City Council reserves the right to terminate or modify this Agreement. I. Owner's right to appeal. 1. Owner must be afforded written notice of the default and the opportunity to cure as provided above. 2. If Owner believes the action was improper, Owner may file an appeal in Nueces County district court within sixty (60) days after written notice of the action by the City. 3. Owner shall remit to the City, within the 60 -day period, any additional or recaptured taxes levied under the payment provisions of Texas Tax Code § 42.08. 4. If the final determination of the appeal increases Owner's tax liability above the amount paid, Owner shall remit the additional tax under Tax Code § 42.42. 5. If the final determination of the appeal decreases Owner's tax liability, the City will refund the Owner the difference between the amount of tax paid and the amount of tax for which Owner is liable under Tax Code § 42.43. IX. ADMINISTRATION A. Inspections. The Owner shall allow employees and /or representatives of the City to have access to the Property during the term of this Agreement to inspect the Facility to determine compliance with the terms and conditions of this Agreement. All inspections will be made only after the giving of twenty -four (24) hours prior notice, and conducted in the manner as to not unreasonably interfere with the construction or operation of the Facility. All inspections must be made with one or more representatives of the Owner and under Owner's safety standards. B. Appraisals. 1. The Chief Appraiser of the Nueces County Appraisal District annually determines: Page 9 of 16 Corpus RP 2 Tax Abatement Agreement 10052011.docx —324— (a) The taxable value of the_ real and personal property comprising the Property taking into consideration the Abatement provided by this Agreement. (b) The full taxable value without Abatement of the real and personal property comprising the Property. 2. The Chief Appraiser records both the abated taxable value and the full taxable value in the appraisal records. 3. The full taxable value figure listed in the appraisal records is used to compute the amount of abated taxes that are required to be recaptured and paid in the event this Agreement is terminated in a manner that results in recapture. 4. Each year the Owner shall furnish the Chief Appraiser with the information outlined in Chapter 22, Texas Tax Code, as amended, as may be necessary for the administration of the Agreement specified in this Agreement. C. Annual Reports. 1. Owner shall certify to the governing body of the City on or before April 1 each year that the Owner is in compliance with each applicable term of this Agreement. 2. Additionally, during the initial four years of the term of property tax abatement, Owner shall provide to the City an annual report covering those items listed on Schedule I attached to this Agreement in order to document the efforts of the Owner to acquire goods and services on a local basis. 3. The annual report is prepared on a calendar year basis and is submitted to the City no later than ninety (90) days following the end of each the calendar year. 4. The annual report is accompanied by appropriate HR and payroll reports, including employee rosters showing hours worked, FTE calculations and job positions filled, prepared by Owner's third party independent payroll processing service provider or an accounting firm, to be certified by the parties verifying the information is a true and accurate accounting of personnel employed by Owner. The copies of the four prior quarterly IRS 941 returns must be provided to verify employment. D. "Buy Local" Provision. 1. The Owner shall give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. Page 10 of 16 Corpus RP 2 Tax Abatement Agreement 10052011.docx —325— 2. In the case of an exception, under Section IX.D.I. of this Agreement, involving a purchase over $10,000.00, the justification for the purchase must be included in the annual report. 3. The Owner further acknowledges that it is a Legal and moral obligation of persons receiving property tax abatements to favor local manufacturers, suppliers, contractors, and labor, all other factors being equal. 4. For the purposes of this provision, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office in either Nueces County or San Patricio County. 5. In the event of a breach of the buy local provision, the percentage of abatement is proportionately reduced to the amount the disqualified contract bears to the total construction cost for the project. X. ASSIGNMENT A. The Owner may assign this Agreement to any one or more corporation(s), 50% or more of the outstanding voting securities of which are owned, directly or indirectly, by the Owners, or any partnership(s) or limited partnership(s) in which the Owner, or a subsidiary of the Owner, is a general partner. B. The Owner may assign this Agreement to any other new owner or lessee of the Facility with the prior written consent of the City, which consent may not be unreasonably withheld. C. Any assignment must provide that the assignee shall irrevocably and unconditionally assume all the duties and obligations of the assignor and become the Owner upon the same terms and conditions as set out in this Agreement. D. In the event more than one entity is Owner under this Agreement, the obligations of the entities are joint and several. E. Any assignment of this Agreement is to an entity that must provide substantially the same improvements to the Property, except to the extent the improvements have been completed. F. No assignment is approved if the Owner or any assignee is indebted to the City for ad valorem taxes or other obligations. XI. NOTICES A. Any notice required to be given under the provisions of this Agreement must be in writing and is duly served when deposited, with the proper postage prepaid, and registered or certified, return receipt requested, with the United States Postal Service, addressed to the City or Owner at the addresses listed below. Page 11 of 16 Corpus RP 2 Tax Abatement Agreement 10052011.docx —326— B. If mailed, any notice or communication is deemed to be received three days after the date of deposit in the United States Mail. Unless otherwise provided in this Agreement, all notices are delivered to the following addresses: To the City: CITY OF CORPUS CHRISTI 1201 Leopard Street P. 0. Box 9277 Corpus Christi, Texas 78469 Attn: City Manager To the Owner: Corpus RP -- Two, Ltd. 101 W. Goodwin Ave., Suite 600 Victoria, Texas 77901 Attn: Heber S. Lacerda, President/CEO C. Either party may designate a different address by giving the other party ten days written notice. This Agreement has been executed by the parties in multiple originals or counterparts, each having full force and effect. Executed this day of , 2011. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: By: Armando Chapa Ronald L. Olson City Secretary City Manager APPROVED AS TO FORM: By: R. Jay Reining First Assistant City Attorney For City Attorney Page 12of16 Corpus RP 2 Tax Abatement Agreement 10052011.docx —327-- OWNER: CORPUS -RP — TWO, LTD. By: Corpus NHGP — Two, Inc. Its General Partner By: Gtr Heber S. Lacerda President Corpus NHGP — Two, Inc. STATE OF TEXAS § COUNTY OF \J; c ti -, c.A....§ ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS This instrument was acknowledged before me on , 2011, by Heber S. Lacerda, President, Corpus NHGP — Two, Inc., a Texas domestic for profit corporation, as general partner for Corpus RP -- Two, Ltd., a Texas limited partnership, on behalf of the partnership. MISTAN SCHMIDT r= My Commission Expires Pubic, State of Texas July 01 , 2014 111111 NOTARY PUBLIC, State of Texas Page 13 of 16 Corpus RP 2 Tax Abatement Agreement 10052011.docx —328— SCHEDULE 1 "Buy Local" Annual Reports The following information is reported to the City on a calendar -year basis during the first four years of the tax abatement program: 1. Dollar amount spent for materials* (local). 2. Dollar amount spent for materials (total). 3. Dollar amount spent for labor ** (local). 4. Dollar amount spent for labor ** (total). 5. Number of jobs created in the construction project (local). 6. Number of jobs created in the construction project (total). 7. Number of jobs created on a permanent or FTE basis (local). 8. Number of jobs created on a permanent or FTE basis (total). * "Materials" are defined to include all materials used in excavation, site improvement, demolition, concrete, structural steel, fire proofing, piping, electrical, instruments, paintings and scaffolding, insulation, temporary construction facilities, supplies, equipment rental in construction, small tools and consumables. This term does not include major items of machinery and equipment not readily - available locally. ** "Labors' is defined to include all labor in connection with the excavation, site improvement, demolition, concrete construction, structural steel, fire proofing, equipment placement, piping, electrical, instruments, painting and scaffolding, insulation, construction services, craft benefits, payroll burdens, and related labor expenses. This term does not include engineering services in connection with the project design. The term "local" as used to describe manufacturers, suppliers, contractors and labor shall include firms, businesses, and persons who reside in or maintain an office in either Nueces County or San Patricio County. Page 14of16 Corpus RP 2 Tax Abatement Agreement 10052011.docx —329— -. Exhibit A . List of Eligible Property Construction of the facility Medical equipment including rehabilitation equipment Furniture and fixtures for the facility Corpus RP 2 Tax Abatement Agreement 10052011 Page 15 of 16 —330 -- EXHIBIT B Turnkey 120 bed nursing home that will entail a business investment of $3.5 million which includes (1) land and Medicaid beds acquisition, (2) site planning and development, (3) demolition of the old Lynnhaven building, (4) facility construction, (5) furnishing the facility with fixtures, furniture, and equipment, (6) obtaining state and federal regulatory approval to operate the nursing home as a duly licensed facility and certification to participate in the government Medicare and Medicaid payor programs and (7) two to four years of operations when census levels are below breakeven levels at which point the facility can begin achieving profitability and repayment of debt service costs. Corpus RP 2 Tax Abatement Agreement 10052011 Page 16 of 16 -331- 29 AGENDA MEMORANDUM for the City Council Meeting of December 6, 2011 DATE: 11/3/2011 TO: Ronald L. Olson, City Manager THROUGH: Rudy Garza, Interim Assistant City Manager FROM: Mike Culbertson �� f (361) 882 -7448 mculbertson @ccredc.com CAPTION: Amendment to the Type A Grant for the DeI Mar College Aviation Maintenance Technician Training facility to increase funding by $225,000. a. Ordinance appropriating $225,000 from the Unreserved Fund Balance in the No. 1140 Business /Job Development Fund for a grant from the Corpus Christi Business and Job Development Corporation Major Business Incentives to Del Mar College for development of the aviation maintenance technical training facility at the Corpus Christi International Airport; and change the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $225,000. b. Resolution approving the First Amendment to the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Board ") and Del Mar College ( "Del Mar"), which provides an additional $225,000 for development of the aviation maintenance technical training facility at the Corpus Christi International Airport. BACKGROUND AND FINDINGS: On April 26, 2011 the City Council approved a Type A grant for $941,270 for Del Mar College for the establishment of an Aviation Maintenance Technician Training Facility. The $941,270 incentive grant for the expansion project will be payable as reimbursement for construction payments. This facility should be complete in 2012. Due to Homeland Security and FAA requirements the hangar door must be redesigned. This cost of $225,000 is in addition to the original grant. The Type A Board approved an amendment to increase the grant by $225,000 or $1,166,270 total. ALTERNATIVES: There are none. Without the hangar door upgrade the facility could not be occupied. OTHER CONSIDERATIONS: Without the additional funds the hangar door will not be in compliance and the project cannot proceed. CONFORMITY TO CITY POLICY: —335— This project is in line with the City's stated goal of increasing training opportunities for local residents to obtain jobs in local industries. EMERGENCY 1 NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Type A Board FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 225,000 225,000 BALANCE 225,000 225,000 Fund(s): Type A Fund Comments: This will come out of the Type A Fund which has an unappropriated balance of $1.7 million RECOMMENDATION: Staff recommends approval of this amendment to increase the grant of business incentives to Del Max College for job training and a capital investment of $225,000, bringing the total grant to $ 1,166,270. LIST OF SUPPORTING DOCUMENTS: Ordinance for Del Mar College Resolution for Type A and City of Corpus Christi agreement Type A Incentive agreement Approvals: Brian Narvaez, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Interim Assistant City Manager Page 1 of 2 Ordinance appropriating $225,000 from the Unreserved Fund Balance in the No. 1140 Business /Job Development Fund for a grant from the Corpus Christi Business and Job Development Corporation Major Business Incentives to Del Mar College for development of the aviation maintenance technical training facility at the Corpus Christi International Airport; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $225,000; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $225,000 from the Unreserved Fund Balance in the No. 1140 Business /Job Development Fund is appropriated for a grant from the Corpus Christi Business and Job Development Corporation Major Business Incentives to Del Mar College for development of the aviation maintenance technical training facility at the Corpus Christi International Airport. SECTION 2. That the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 is changed to increase appropriations by $225,000. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2011. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED AS TO FORM: /Vaven &eg-I 0 , 2011. Ban Naaez Assistant City Attorney For City Attorney 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. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott Page 1 of 2 Resolution approving the First Amendment to the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Board ") and Del Mar College ( "Del Mar "), which provides an additional $225,000 for development of the aviation maintenance technical training facility at the Corpus Christi International Airport. WHEREAS, the Type A Board has budgeted funds to assist businesses in the City of Corpus Christi, Texas ( "City "); WHEREAS, the ballot measure that authorized a sales tax for the promotion and expansion of business enterprises in the City also authorized the use of funds for grants to organizations in the City to provide training and education to ensure that the knowledge and skills required for the jobs of the future are in place; and WHEREAS, the City Council has determined that it is in the best interest of the City and its residents to approve the First Amendment to the Business Incentive Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T HE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the First Amendment to the Business Incentive Agreement, which is attached to this Resolution as Exhibit A, between the Type A Board and Del Mar, which provides an additional $225,000 for development of the aviation maintenance technical training facility at the Corpus Christi International Airport, is approved. Attest: City of Corpus Christi Armando Chapa City Secretary Joe Adame Mayor Approved: 3) day of oe-tiscg... , 2011. L. Briar ary Assistant City Attorney For City Attorney 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 Leal David Loeb John Marez Nelda Martinez Mark Scott FIRST AMENDMENT TO THE BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR DEVELOPMENT OF THE AVIATION MAINTENANCE TECHNICIAN TRAINING FACILITY AT CORPUS CHRISTI INTERNATIONAL AIRPORT This First Amendment to the Business Incentive Agreement for ( "Amendment ") is entered into betwee.n the Corpus Christi Business arid Job Development Corporation ( "Corporation ") and Del Mar College ( "Del Mar "), a political subdivision of the State of Texas. WHEREAS, the Corporation and Del Mar entered into that certain Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College for Development of the Aviation Maintenance Technician Training Facility at Corpus Christi International Airport, dated /Via % , 2011 ( "Agreement "); WHEREAS, Del Mar has requested an additional $225,000 for the Aviation Maintenance Technician Training Facility at the Corpus Christi International Airport; WHEREAS, the Corporation agrees that it is in the best interests of the residents of the City of Corpus- Christi to provide the additional funding requested by Del Mar;. NOW, THEREFORE, in consideration of the covenants, promises, and conditions stated in this Amendment; the Corporation and Del Mar agree as follows: 1. The effective date of this Amendment is the latest date that either party executes this Amendment. 2. Section 3 of the Agreement is hereby amended by amending subsections b and d to read as follows: b. Del Mar shall invest at least $1,166,270 in the renovation of the hangar, including instructional equiprrierit: and furnishings, used for the Aviation Maintenance Technician Training 'Program at Aviation Maintenance Technician Training Facility to be located on the Corpus Christi International Airport Del Mar shall annually report their actual investments at the facility, and provide documentation to support the report to- the Corpus Christi Business and Development Corporation. d. The Corporation will reimburse Del Mar for the costs incurred by Del Mar to rehabilitate and improve the existing hangar at Corpus Christi International Airport for the Aviation Maintenance Technician Training Facility, including the purchase of fixtures, furnishings, and instructional equipment. The amount reimbursed by the Corporation may not exceed_ $1,16270: 3. This Amendment embodies the -entire agreement between the Corporation and Del Mar with respect to the amendment of the Agreement. In the event of any conflict Page 1 of 3 -341- or inconsistency between, the provisions of this Amendment and the Agreement, the provisions of this Amendment shall control. 4. Except as specifically modified and amended herein, all other terms, provisions, requirements, and specifications contained in the Agreement shall remain in full force and effect. 5. This Amendment shall be governed by the laws of the State of Texas. CORPUS CHRIST! BUSINESS & JOB DEVELOPMENT CORPORATION By: Date: Attest: By: Boy Salazar President Armando Chapa Secretary Page2of3 —342— DEL MAR COLLEGE .PB, Ma Esoamiila, Ph.D. D` President Date: l0 " 1// THE STATE OF TEXAS COUNTY OF NUKES- This instrument was acknowledged before nie on tOe T 2d' , 2011, by Mark Escamilla, Ph.D., as President of Del Mar College, a political subdivision of the State of Texas, on behaif of the college. ary Public State of Texas j AbesNn JESSICA ANN ALANIZ • �" j. 3 (Votary Public i STATE OF TEXAS ii;r �� " My Cum, Exp. 07- 16.2012 Page 3 of 3 -343- 30 AGENDA MEMORANDUM for the City Council Meeting of December 6, 2011 DATE: TO: THROUGH: 1111/20/1 Ronald L. Olson, City Manager Rudy Garza, Interim Assistant City Manager FROM: Mike Culbertson, VP, CCREDCJj� (361) 882 -7448 mculbertson @ccredc.com CAPTION: Type A Grant to Craft Training Center of the Coastal Bend for expansion of facilities. A. Ordinance appropriating $1,750,000 from the Unreserved Fund Balance in the No. 1140 Business /Job Development Fund for a grant from the Corpus Christi Business and Job Development Corporation Major Business Incentives to Associated Builders & Contractors Merit Shop Training Program, Inc. dba Craft Training Center of the Coastal Bend for expansion of its facility; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $1 ,750,000. B. Resolution approving the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Board ") and Associated Builders & Contractors Merit Shop Training Program, Inc. dba Craft Training Center of the Coastal Bend ( "Craft "), which provides a grant of $1,750,000 for expansion of Craft's existing facility; and authorizing the City Manager or designee to execute the Business Incentive Project Service Agreement with the Type A Board for the implementation and administration of the Business Incentive Agreement. BACKGROUND AND FINDINGS: The Craft Training Center of the Coastal Bend has reached the capacity of their existing classrooms and Tabs and need to add additional training space in order to expand our existing programs and to develop new programs needed by local and regional employers. They are seeking funding that would be used to expand the current facility and to develop and implement needed workforce training curricula. The cost of this expansion is estimated to be $3.5 million with industry partners donating $1.5 million. The Craft Training Center is requesting a grant of $1.75 million to complete the expansion. ALTERNATIVES: Without this grant the Craft Training Center would not be able to expand to the degree that is needed to increase their enrollment, number o graduates needed to fill the positions that will become available. The jobs would be filled by employees coming from outside of the Corpus Christi area. OTHER CONSIDERATIONS: Craft original request was for $2.5 million. Due to budget constraints in the Type A fund, Craft may come back to the Type A Board for additional funding. CONFORMITY TO CITY POLICY: This project is in line with the City's stated goal of increasing training opportunities for local residents to obtain jobs in local industries. EMERGENCY / NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Type A Board FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount J This item 1,750,000 1,750,000 1,750,000 BALANCE 1,750,000 Fund(s): Type A Fund Comments: The unappropriated balance is currently $1.7 million RECOMMENDATION: Staff recommends approval of a grant for $1,750,000 for an expansion of training facilities for Craft Training Center help train students for work in area industries. LIST OF SUPPORTING DOCUMENTS: Business Incentive Agreement Ordinance Resolution Agreement between the City and Business and Job Development Corporation Approvals: Brian Narvaez, Assistant City Attorney —348— Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager Page 1 of 3 Resolution approving the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Board ") and Associated Builders & Contractors Merit Shop Training Program, Inc. dba Craft Training Center of the Coastal Bend ( "Craft "), which provides a grant of $1,750,000 for expansion of Craft's existing facility; and authorizing the City Manager or designee to execute the Business Incentive Project Service Agreement with the Type A Board for the implementation and administration of the Business Incentive Agreement. WHEREAS, the Type A Board has budgeted funds to assist businesses in the City of Corpus Christi, Texas ( "City "); WHEREAS, the ballot measure that authorized a sales tax for the promotion and expansion of business enterprises in the City also authorized the use of funds for grants to organizations in the City to provide training and education to ensure that the knowledge and skills required for the jobs of the future are in place; WHEREAS, the Business Incentive Project Service Agreement between the City and the Type A Board provides for the implementation and administration of the Business Incentive Agreement between the Type A Board and Craft, which provides a grant of $1,750,000 for expansion of Craft's existing facility; and WHEREAS, the City Council has determined that it is in the best interest of the City and its residents to approve the Business Incentive Project Service Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Business Incentive Agreement, which is attached to this Resolution as Exhibit A, between the Type A Board and Craft, which provides a grant of $1,750,000 for expansion of Craft's existing facility, is approved. SECTION 2. That the City Manager or designee is authorized to execute the Business Incentive Project Service Agreement, which is attached to this Resolution as Exhibit B, with the Type A Board for the implementation and administration of the Business Incentive Agreement. Attest: Armando Chapa City Secretary City of Corpus Christi Joe Adame Mayor Approved: 3 1 day of O c —I-oaz , 2011. L. Brian Narvaez Assistant City Attorney For City Attorney Page 2of3 Page 3 of 3 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 Page 1 of 2 Ordinance appropriating $1,750,000 from the Unreserved Fund Balance in the No. 1140 Business /Job Development Fund for a grant from the Corpus Christi Business and Job Development Corporation Major Business Incentives to Associated Builders & Contractors Merit Shop Training Program, Inc. dba Craft Training Center of the Coastal Bend for expansion of its facility; and changing the FY 2011- 2012 Operating Budget adopted by Ordinance No 029155 to increase appropriations by $1,750,000; and declaring an emergency. - BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $1,750,000 from the Unreserved Fund Balance in the No. 1140 Business /Job Development Fund is appropriated for a grant from the Corpus Christi Business and Job Development Corporation Major Business Incentives to Craft for expansion of its existing facility. SECTION 2. That the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 is changed to increase appropriations by $1,750,000. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for 7 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: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED AS TO FORM: /Jo,r ,)1,ex.10 , 2011. Brian a - ez Assistant City Attorney For City Attorney 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. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND ASSOCIATED BUILDERS & CONTRACTORS MERIT SHOP TRAINING PROGRAM, INC. DBA CRAFT TRAINING CENTER OF THE COASTAL BEND FOR EXPANSION OF THEIR TRAINING FACILITY IN CORPUS CHRISTI This Business Incentive Agreement for ( "Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and Associated Builders & Contractors Merit Shop Training Program, Inc., a Texas non- profit corporation, doing business as Craft Training Center of the Coastal Bend ( "CTCCB "). WHEREAS, the Texas Development Corporation Act( "Act "), now codified as Title 12, Subtitle C1 (Chapters 501 -507) of the Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their residents; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed forl5years; WHEREAS, the 118th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the Texas Comptroller, effective April 1, 2003, to be administered by the Corporation's Board of Directors ( "Board "); WHEREAS, the ordinance adopting the 118th cent sales tax specifically provided that the funds could be used to make grants to organizations to provide training, retraining, and education to insure the knowledge and skills required for the jobs of the future are in place; WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the City's residents; WHEREAS, the Board amended the Corporation's Guidelines and Criteria for Granting Business Incentives ( "Corporation Guidelines ") on October 18, 2010; WHEREAS, Section 501.073 of the Texas Local Government Code requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the City Council approved the amended Corporation Guidelines on November 9, 2010; WHEREAS, CTCCB was formed in 1988 in conjunction with industry partners as a place where area residents could get the skills required to qualify for work in local industrial companies; Page 1 of 9 2011 -10 -03 LBN BUSINESS INCENTIVE AGREEMENT - Craft -355- WHEREAS, CTCCB currently has an enrollment of over 400 students that are receiving training in an industrial curricula and conducts 1,500 assessments per year for employment at local industrial companies ; WHEREAS, CTCCB intends to expand its existing training program by adding the new training stations and new classes at its Corpus Christi location on Leopard Street ( "Facility "), which will allow it to increase their enrollment by up to 50% and train more students for employment in the local industries; WHEREAS, the proposed grant from the Corporation will further CTCCB's mission of education and economic development; WHEREAS, the local industry produces meaningful, wealth producing jobs that bring in dollars from outside of the City into the City; and WHEREAS, CTCCB proposes to invest at least $3,500,000 over a two year period to increase and expand its training facility in the City; In consideration of the covenants, promises, and conditions stated in this Agreement, the Corporation and CTCCB agree as follows: 1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for five years beginning on the Effective Date. 3. Performance Requirements and Grants. a. CTCCB shall expand its Facility to add additional training space in order to expand its existing programs and to develop new programs needed by local and regional employers. b. CTCCB shall invest at least $3,500,000 in the expansion of its Facility to be used for training students and CTCCB shall annually report its actual investments at the Facility and provide documentation to support its report to the Corporation. c. The Corporation will reimburse CTCCB for the costs incurred by CTCCB to expand and improve its Facility in the City, including the purchase of fixtures, furnishings, and instructional equipment. The amount reimbursed by the Corporation may not exceed $1,750,000. d. On the annual anniversary of the Effective Date of this Agreement, CTCCB shall report to the Corporation the total number of students enrolled and the total number of course graduates placed with area industry within the City and the industrial districts in jobs requiring training provided by CTCCB through their facilities on Leopard Street and the average starting annual salaries paid by each employer within Corpus Christi during the previous year. Page 2 of 9 2011 -10 -03 LBN BUSINESS INCENTIVE AGREEMENT - Craft —356— 4. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages as required by Section 501.162 of the Texas Local Government Code, as amended, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A full -time permanent job is one that provides at least 2,080 hours annually. 5. Buy Local Provision. a. CTCCB agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a fifty (50) mile radius of Nueces County. 6. Warranties. CTCCB warrants and represents to the Corporation the following: a. CTCCB is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, and has all corporate power and authority to carry on its business as presently conducted in the City. b. CTCCB has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. CTCCB has timely filed and will timely file all local, state, and federal tax reports and returns required by law to be filed, and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. CTCCB has access to the Act, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under state law and by the terms of this Agreement. e. The parties executing this Agreement on behalf of CTCCB are duly authorized to execute this Agreement on behalf of CTCCB. 7. Compliance with Laws. CTCCB shall observe and obey all applicable federal, state, and local laws, ordinances, regulations; and rules. 8. Non - Discrimination. CTCCB covenants and agrees that CTCCB will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of Page 3 of 9 2011 -10 -03 LBN BUSINESS INCENTIVE AGREEMENT - Craft —357— race, religion, national origin; marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 9. Force Majeure. If the Corporation or CTCCB are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or CTCCB are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment. CTCCB may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and the City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 11. INDEMNITY. TO THE EXTENT AUTHORIZED BY LAW, CTCCB COVENANTS TO FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CORPORATION, THE CITY, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AND AGENTS ( "INDEMNITEES ") AGAINST ALL LIABILITY, DAMAGE, LOSS, CLAIMS DEMANDS, AND ACTIONS OF ANY KIND ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITING THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH CTCCB'S ACTIVITIES CONDUCTED UNDER OR INCIDENTAL TO THIS AGREEMENT, INCLUDING ANY INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF ANY OR ALL OF THE INDEMNITEES. CTCCB MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED ON THOSE CLAIMS AND DEMANDS WITH COUNSEL SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND ARISING FROM THE LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. 12. Events of Default. The following events constitute a default of this Agreement: a. Failure of CTCCB to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. b. The Corporation or the City determines that any representation or warranty on behalf of CTCCB contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made. Page 4 of 9 2011 -10 -03 LBN BUSINESS INCENTIVE AGREEMENT - Craft —358— c. Any judgment is assessed against CTCCB or any attachment or other levy against the property of CTCCB with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. d. CTCCB makes an assignment for the benefit of its creditors. e. CTCCB files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. The taxes owed by CTCCB become delinquent, and CTCCB fails to timely and properly follow the legal procedures for protest or contest. g. CTCCB changes the general character of its business as conducted as of the date this Agreement is approved by the Corporation. 13. Notice of Default. Should the Corporation or the City determine that CTCCB is in default according to the terms of this Agreement, the Corporation or City shall notify CTCCB in writing of the event of default and provide sixty (60) days from the date of the notice ( "Cure Period ") for CTCCB to cure the event of default. 14. Results of Uncured Default. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of CTCCB, as determined by the Board, the following actions must be taken for any default that remains uncured after the Cure Period. a. CTCCB shall immediately repay all funds paid by the Corporation under this Agreement. b. CTCCB shall pay the Corporation for the reasonable attorney fees and costs of court incurred by the Corporation to collect any amounts due under this Agreement. c. The Corporation shall have no further obligations to CTCCB under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 15. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any Page 5 of 9 2011 -10 -03 LBN BUSINESS INCENTIVE AGREEMENT - Craft —359— other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of CTCCB's default may not be considered an estoppel against the Corporation. d. It, is expressly understood that if at any time CTCCB is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but the Corporation may at any time avail itself of any rights or remedies or elect to terminate this Agreement on account of the default. 16. Limitation of Liability. CTCCB specifically agrees that the Corporation shall only be liable to CTCCB for the actual amount of the money grants to be conveyed to CTCCB, and shall not be liable to CTCCB for any actual or consequential damages, direct or indirect, interest, attorney fees, or costs of court for any act of default by the Corporation under the terms of this Agreement. Payment by the Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the term of this Agreement. The Corporation shall use its reasonable best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with the Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, Tess the Corporation's customary and usual costs and expenses, as compared to each contracting party's grant amount for that year, and the Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, the Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from CTCCB to be accompanied by all necessary supporting documentation. 17. Notices. a. Any required written notices shall be sent by United States certified mail, postage prepaid, addressed as follows: CTCCB: Craft Training Center of the Coastal Bend Attn: President 7433 Leopard Street Corpus Christi, Texas 78409 Page 6 of 9 2011 -10 -03 LBN BUSINESS INCENTIVE AGREEMENT - Craft —360— Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent to the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 c. Notice is effective upon deposit in the United States mail if sent in the manner provided above. 18. Incorporation of other documents. The Corporation Guidelines , as amended, are incorporated into this Agreement. 19. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 20. Relationship of Parties. In performing this Agreement, both the Corporation and CTCCB 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. 21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 22. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which if is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. Page 7 of 9 2011 -10 -03 LBN BUSINESS INCENTIVE AGREEMENT - Craft -361- b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 24. Sole Agreement. This Agreement constitutes the sole agreement between the Corporation and CTCCB. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 25. Survival of Terms of Agreement and Obligations of Parties. The terms of this agreement and the obligation of the parties relating to Section s14. a and 14.b shall survive the termination of this Agreement. Corpus Christi Business & Job Development Corporation By: Date: Attest: By: Eloy Salazar President Armando Chapa Assistant Secretary Page 8 of 9 2011 -10 -03 LBN BUSINESS INCENTIVE AGREEMENT - Craft —362— Associated Builders.& Contractors Merit Shop Training Program, inc. dba Craft Training Center of the Coastal Bend By: .64,(A,Le Anne Matula President Date: -e- i-) �Ir 020 1, THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 3l , 2011, by Anne Matula, as President of Associated Builders & Contractors Merit Shop Training Program, Inc. dba Craft Training Center of the Coastal Bend, a Texas non - profit corporation, on behalf of said corporation. Notary Public State of Texas Page9of9 2011 -10 -03 LBN BUSINESS INCENTIVE AGREEMENT - Craft —363— BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT ASSOCIATED BUILDERS & CONTRACTORS MERIT SHOP TRAINING PROGRAM, INC. DBA CRAFT TRAINING CENTER OF THE COASTAL BEND This Business Incentive Project Service Agreement ( "Project Service Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and the City of Corpus Christi, Texas ( "City "). WHEREAS, the Texas Development Corporation Act, now codified as Title 12, Subtitle C1 (Chapters 501 — 507) of the Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their residents; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the Texas Comptroller, effective April 1, 2003, to be administered by the Corporation's Board of Directors ( "Board "); WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the residents of the City; WHEREAS, the Board amended the Corporation's Guidelines and Criteria for Granting Business Incentives ( "Guidelines ") on October 18, 2010; WHEREAS, Section 501.073 of the Texas Local Government Code, requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the City Council approved the amended Guidelines on November 9, 2010; WHEREAS, Associated Builders & Contractors Merit Shop Training Program, Inc. dba Craft Training Center of the Coastal Bend ( "Craft ") has submitted a proposal to the Corporation for a grant, that can be up to $1 ,750,000 depending on its actual investment, to expand and improve its existing facility and to purchase fixtures, furnishings, and instructional equipment; WHEREAS, the Board has determined that it is in the best interests of the residents of the City to provide business development funds to Craft; and WHEREAS, the Corporation and Craft have executed that certain Business Incentive Agreement Between the Corporation and Craft for the creation of jobs ("Business Incentive Agreement "). In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Corporation and the City hereby agree as follows: Page 1 of 3 —364— 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Corporation is executed to implement the Business Incentive Agreement. 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by the City Council. 5. Effective Date. The effective date of this Project Service Agreement is the latest date that either party executes this Project Service Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may Page 2 of 3 —365— be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI BUSINESS & JOB DEVELOPMENT CORPORATION Ronald L. Olson Eloy Salazar City Manager President Date: Date: Attest Armando Chapa City Secretary Approved as to Legal Form: , 2011. L. Brian Narvaez Assistant City Attorney for City Attorney Page 3 of 3 —366— 31 AGENDA MEMORANDUM for the City Council Meeting of December 6, 2011 DATE: 11/2/2011 TO: Ronald L. Olson, City Manager FROM: Steven Draper, Director of Development Services StevenD@cctexas.com 361- 826 -3246 PUBLIC HEARING — CHANGE OF ZONING FROM "RM -1" MULTIFAMILY 1 DISTRICT TO "CN -1" NEIGHBORHOOD COMMERCIAL DISTRICT AS REQUESTED BY THE PROPERTY OWNER, THE OTHER DOOR CORPUS CHRISTI, INC. (Case No. 0911 -04) CAPTION: Ordinance amending the Unified Development Code, upon application by Owner of The Other Door Corpus Christi, Inc., represented by James P. Brown, by changing the UDC zoning map in reference to Shannon Addition, Block 1, Lot 10, from the "RM -1" Multifamily 1 District to the "CN -1" Neighborhood Commercial District, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. BACKGROUND AND FINDINGS: Mr. James P. Brown representing the property owner of The Other Door Corpus Christi, Inc., has requested a change of zoning from the "RM -1" Multifamily 1 District to the "CN -1" Neighborhood Commercial District to allow the continued use of the property as a parking lot for the adjacent tavern establishment. The Comprehensive Plan and the South Central Area Development Plan (ADP) slate the subject property as remaining a commercial use. The Comprehensive Plan and South Central ADP encourage continued commercial redevelopment uses in this area of town. The subject property has been used as a parking lot for the past thirty years. Staff supports the request to re -zone the property to the "CN -1" District. ALTERNATIVES: 1. Denial of the request to modify or change the current zoning of "RM -1" Multifamily 1 District. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The proposed change in zoning is consistent with both the South Central ADP and adopted Future Land Use Map of the Comprehensive Plan. EMERGENCY / NON- EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable City Council Executive Summary Memorandum The Other Door (Case No. 0911 -04) Page 2 Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE 1..--11-A. RECOMMENDATION: On September 28, 2011, the Planning Commission and Staff recommended approval of the change of zoning from the "RM -1" Multifamily 1 District to the "CN -1" Neighborhood Commercial District. LIST OF SUPPORTING DOCUMENTS: • Zoning Report • Ordinance Cc: Deborah Brown, Assistant City Attorney Rudy D. Garza, Assistant City Manager Eddie Houlihan, Assistant Director of Management and Budget K:IDEVELOPMENTSVCS1SHARE011. PLANNING COMMISSIONL011 CC10C1' 301110911 -04 THE OTHER DOOR1COUNCIL ACTION ITEM 0911 -04 THE OTHER DOOR.DOCX —370— ZONING REPORT Case No.: 0911 -04 Planning Commission Hearing Date: September 28, 2011 Applicant & Legal Description Owner /Applicant: The Other Door Corpus Christi Representative: James P. Brown Legal Description/Location: Shannon Addition, Block 1, Lot 10, located along the east side of Coleman Avenue and approximately 125 feet east of the South Staples Street intersection. Zoning Request From: "RM -1" Multifamily 1 District To: "CN -1" Neighborhood Commercial District Area: 0.25 Acre Purpose of Request: To allow for the continued use of the property as a parking lot with (20) standard off - street vehicle parking spaces for the adjacent tavern next door. Existing Zoning and Land Uses 2005 Traffic Volume Existing Zoning District Existing Land Use _ Future Land Use Site "RM -1" Multifamily 1 Commercial Parking Commercial North "RM -1" Multifamily 1 Low Density Residential Low Density Residential South "CI" Intensive Commercial & «RM-1" Multifamily 1 Low Density Residential Low Density Residential & Commercial East "RM -I" Multifamily 1 Low Density Residential Low Density Residential West "CG -2" General Commercial Commercial Commercial ADP, Map & Violations Area Development Plan: The subject property is located in the South Central Development Plan (ADP) and is planned for continued commercial use. The proposed change in zoning to the "CN -1" Neighborhood Commercial District is consistent with the South Central Development Plan and the adopted Future Land Use Map. Map No.: 045,043 Zoning Violations: None currently active Staff's Summary: • Requested Zoning: The purpose of the "CN -1" Neighborhood Commercial District is to allow for the continued use of subject property as a parking lot for patrons of the next door tavern. • Transportation and Circulation: The subject property fronts on Coleman Avenue, a local collector between South Staples Street and South Tancahua Street. • Relationship to Smart Growth: While continuing to utilize existing infrastructure the proposed rezoning would have little to no impact with regards to smart growth. The proposed re- zoning complies with current land use trends in the area and with the long range development plan. This project does not provide any additional —371— Street Existing ROW & Paved Section Planned ROW & Paved Section Urban Trans. Plan Type 2005 Traffic Volume itreei South Staples Street 65' R.O.W., 28' paved 95' R.O.W., 64' paved Al Arterial 12586 Coleman Avenue R.O.W., 24' paved 50' R.O.W., 24' .paved Local Collector NA • Relationship to Smart Growth: While continuing to utilize existing infrastructure the proposed rezoning would have little to no impact with regards to smart growth. The proposed re- zoning complies with current land use trends in the area and with the long range development plan. This project does not provide any additional —371— Zoning Report Case #: 0911 -04, The Other Door Page 2 housing opportunities or expand on the idea of a "walk- able" community based on the variety and availability of transportation choices. • Comprehensive Plan & South Central Area Development Plan Consistency: The Comprehensive Plan and the South Central Area Development Plan (ADP) slate the subject property for continued commercial use. The proposed change in zoning is consistent with the South Central ADP and adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and South Central ADP encourage continued commercial development including where adjacent to residential properties. This may be achieved by employing screening and landscape buffing methods which minimize and mitigate the impacts of commercial uses where adjacent to residential uses. Plat Status: The subject property is platted as Shannon Addition, Block 1, Lot 10 Department Comments: • Over the past several years The Hidden Door establishment has undergone a variety of renovations. Beginning in 2006 with a series of mechanical, electrical, and re -roof permits through 2007 with the South Staples Street addition and issuance of a new Certificate of Occupancy. Continuing into 2008 and 2009 with major mechanical, electrical, and a new HVAC replacement the owners have gone to great lengths to bring this building up to current building and fire codes. In mid 2010 a major expense was incurred by the property owner with the installation of an automatic fire suppression system in an ongoing effort to become more compliant with the current fire codes. • Mr. James P. Brown, representative for "The Other Door ", has requested a change of zoning from the "RM -1" Multifamily 1 District to the "CN -1" Neighborhood Commercial District in an effort to bring into compliance the adjacent platted property owned by "The Other Door. This vacant lot has served as additional overflow parking for The Hidden Door establishment for many years. According to the owner this establishment and the subject parking lot has operated at this location for approximately (35) years. Staff agrees with Mr. Brown in his effort to make this unimproved parking lot consistent the zoning district, Unified Development Code (UDC) and the International Building Code (IBC). This rezoning request will bring this redevelopment effort one step closer to being a finished project. • The property owner has been informed that if this change zoning change is approved the UDC will require the owner to install and make improvements to the driveway access from the public right - of -way. Resurfacing of the parking Iot area and completion of the proposed landscape plan must also occur prior to the issuance of a Certificate of Occupancy. With the July 1, 2011, adoption of the UDC the newly prescribed Zoning District Buffer Yard for commercially redeveloped properties where adjacent to residential properties will also be required. The Zoning District Buffer Yard is specifically detailed in Section 7.9.6. Table A, Required Zoning District Buffer Yard (Redevelopment) of the UDC. This section will also require the continued maintenance of the existing solid wooden screening fence adjacent to residentially used and zoned properties. Planning Commission & Staff Recommendation: Approval of the "CN -1" Neighborhood Commercial District. —372-- Zoning Report Case #: 0911 -04, The Other Door Page 3 pt to ava Number of Notices Mailed Total — 23 within 200' notification area; 0 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition -- 0 (inside notification area); 0 (outside notification area) For 0% As of September 21, 2011 Attachments: 1. Site — Existing Zoning, Notice Area, & Ownership 2. Site — Future Land Use K:1PLN- D1TOSHARED11. Planning Cammiesionl2011 PC1.2011 Zoning Reports \September 201110911 -04, The Other Door(RM -1 to CN- 1).doc —373 — 0 su PRO cOLENIAN AVE 1101111 43 29 M - Nig Si rump Tom FURIV1AN AVE 1 rRAcr 4111111 MINI! 1111111N 11" HANC-0.0K Ave CASE: 0911-04 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM-1 Multifamily/1 RM-2 Multifamily 2 RM-3 Multilamliy 3 ON Professional Office RM-AT Multifamily AT CN-1 Neighborhood Commercial CN-2 Neighborhood Commercial CR-1 Resort Commercial CR-2 Resort Com4nercial C13-1 General Commercial CG-2 General Commercial intensive Commercial CBD Downtown Commercial cR.5 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light industrial IH Heavy industrial PUD Planned Unit Dev. Overlay RS-10 Single-Family 10 RS-6 Single-Family 6 1/54,5 Single-Family 4.5 RS-TF Two-Family RS-15 Two-Family RE Residential' Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Properly Owners vvIth 200' buffer In favor • 4 Owners within 200' listed on V Owners attached ownership fable Pt IP opposition m UZI P0 COO CASE: 0911 -04 4, SITE - Agricultural/Rural Estate Residential Low Density Res. Med Density Res. High Density Res. Mobile Home Vacant Professional Office Commercial FUTURE LAND USE Transportation Plan Existing Proposed emmi Expressways wpm • •"^"^* Arterials - -- ,"^-■••• Collectors - - - -• NM Parkway 000 -1-N+I- Railroad - Ht I DP 0 Tourist Research /Business Park Light industrial Heavy Industrial Public Semi - Public Park Drainage Corridor Dredge Placement Water Conservation /Preservation Map Scale: 1:2,400 -375- Ordinance amending the Unified Development Code (UDC), upon application by The Other Door Corpus Christi, Inc., (Owner) represented by James P. Brown, by changing the UDC zoning map in reference to Shannon Addition, Block 1, Lot 10, from the "RM -1" Multifamily One District to the "CN -1" Neighborhood Commercial District, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of James P. Brown, by changing the UDC zoning map in reference to Shannon Addition, Block 1, Lot 10, from the "RM -1" Multifamily One District to the "CN -1" Neighborhood Commercial District, for amendment to the City of Corpus Christi UDC and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 28, 2011, during a meeting of the Planning Commission, and on Tuesday, December 6, 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: SECTION 1. That the UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on Shannon Addition, Block 1, Lot 10, from the "RM -1" Multifamily One District to the "CN -1" Neighborhood Commercial District, located along the east side of Coleman Avenue and approximately 125 feet east of South Staples Street intersection, resulting in a change of future land use from multifamily use to an commercial use (Zoning Map 045,043) (Exhibit A — "Planning Commission and Staff Recommendation "). SECTION 2. That the official UDC Zoning Map of the City of Corpus Christi, Texas, is amendedilifeflecfthe ameiment to the UDC madeliY Sec ion 1 ofihis ordinance: SECTION 3. That the UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except as changed .by this ordinance and any other ordinances adopted on this date., . remain in full force and effect. Page 2 of 3 SECTION 4. That to the extent that this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION . 6. A, violation, this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 and /or Article 10 of the UDC. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of ., 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Mayor, City of Corpus Christi City Secretary APPROVED AS TO FORM: This °27 day of Ica , 2011 eborah Walther Brown Assistant City Attorney For City Attorney K:lLega \SHAREp1LEGAL- DEV.SVCS12011 AgendalJames P Brownll0 -25 -11 No 0911-04 Brown, James P (RM -1 to CN -1) PLANNING COMMISSION RECOMM, FinaIDWB.doc —377— 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, City of Corpus Christi 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 K: ILegaRSHAREDILEGAL- DEV.SVCSL2011 Agenda\James P Brown110 -25 -11 No 0911 -04 Brown, James P (RM -1 to CN -1) PLANNING COMMISSION RECOMM, FinaIDWB.doc —378— meter VIOL rr 1.14; CASE: 0911 -04 Exhibit A Planning Commission & Staff Recommendation From: "RM -1" Multifamily 1 To: "CN -1" Neighborhood Commercial Ordinance No. -31 32 AGENDA MEMORANDUM for the City Council Meeting of November 15, 2011 DATE: 10/20/2011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Director, Department of Development Services, 7 .. StephenD@cctexas.com 361 -826 -3246 PUBLIC HEARING — CHANGE OF ZONING FROM "RM -1" MULTIFAMILY 1 DISTRICT TO "ON" OFFICE DISTRICT AS RECOMMENDED BY STAFF AND AGREED TO BY THE PROPERTY OWNER, TEXAN TRAIL PROPERTIES. LLC (Case No. 0911 -05) CAPTION: Ordinance amending the Unified Development Code, upon application by Owner of Texan Trail Properties, LLC by changing the UDC zoning map in reference to Lindale Park Subdivision, Section 4, Block 40, Lots 23, 24, 25, 26, & 27, from the "RM -1" Multifamily 1 District to the "ON" Office District, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. BACKGROUND AND FINDINGS: The applicant submitted a request for a change of zoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District in order to redevelop the property with an 8,593- square foot medical office building. The requested "CG -2" District is not consistent with the Comprehensive Plan or the South Central Area Development Plan. The proposed medical office building is consistent with the development in the area especially since the property is across the street from a medical center (Doctors Regional Hospital). The Planning Commission recommends and the applicant is in agreement with the change of zoning to the "ON" Office District. ALTERNATIVES: 1. Approval of the applicant's request for the change in zoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District. 2. Denial of the request to modify or change the current zoning of "RM -1" Multifamily 1 District. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The proposed change in zoning is not consistent with the South Central ADP or adopted Future Land Use Map of the Comprehensive Plan in that both plans recommend the subject site to develop with medium density residential uses. However, the proposed development is consistent with current redevelopment trends within this area of town... EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable City Council Executive Summary Memorandum Texan Trail Properties, LLC (Case No. 0911 -05) Page 2 Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE unatsJ: RECOMMENDATION: On September 28, 2011, the Planning Commission and Staff recommended denial of the applicants request to rezone from "RM -1" Multifamily 1 District to the "CG -2" General Commercial District in lieu thereof approval of rezoning to the "ON" Office District. LIST OF SUPPORTING DOCUMENTS: • Zoning Report • Ordinance (Planning Commission recommendation) • Ordinance (Applicant's Request) cc: Deborah Brown, Assistant City Attorney Rudy D. Garza, Assistant City Manager Eddie Houlihan, Assistant Director of Management and Budget K'1DEVELOPMENTSVCSISHAREDI1. PLANNING COMMISSION1201 l CCIOCT 201110911-05 TEXAN TRAIL PROPERTIES, LLCICOUNCIL ACTION ITEM 0911 -05 TEXAN TRAIL pROP. LLC.DOCX -384- ZONING REPORT Case No.: 0911 -05 Planning Commission Hearing Date: September 28, 2011 Applicant & Legal Description Applicant: Texan Trail Properties, LLC Owner: Same as above Representative: Rhodes Chip Urban of Urban Engineering Legal Description/Location: Lindale Park Subdivision, Section 4, Block 40, Lots 23 -27, located on the southwest corner of Reid Drive & Texan Trail. Zoning Request From: "RM -1" Multifamily 1 District To: "CG -2" General Commercial District Area: 0.911 Acre Purpose of Request: To allow site redevelopment for the construction of an 8,593- square foot medical office building consisting of four (4) offices and a (52) space parking lot. Existing Zoning and Land Uses Traffic Volume 2005 Existing Zoning District Existing Land Use Future Land Use Site "RM -1" Multifamily 1 Multifamily Multifamily North "ON" Office Professional Office Professional Office South "CN -1" Neighborhood Commercial & "CG -2" General Commercial Hospital & Medical Offices Commercial East "CG -2" General Commercial Commercial Commercial West "RM -1" Multifamily 1 Multifamily Multifamily ADP, Map & Violations Area Development Plan: The subject property is located in the South East Development Plan (ADP) and is planned for continued multifamily use. The proposed change in zoning to the "CG -2" General Commercial District is not consistent with the South Central Development Plan or the adopted Future Land Use Map. Map No.: 044,040 Zoning Violations: None Staff's Summary: • Requested Zoning: The purpose of the "CG -2" General Commercial District is to allow for the construction of a 8,593- square foot medical office building consisting of four (4) offices and a (52) space parking lot. • Transportation and Circulation: The subject property fronts on Texan Trail and Reid Drive both of these right-of-ways are designated as collectors which provide essential traffic interconnectivity in and around W.B. Ray High School, Doctor's Regional Hospital medical complex, and Lindale commercial/professional office district between Reid Drive and South Alameda Street. >treet .O.W. Street Existing ROW and Paved Section Planned ROW and Paved Section Urban Trans. Plan Type Traffic Volume 2005 Texan Trail 60' R.O.W., 28' paved 60' R.O.W., 32' paved Collector NA Reid Drive 50' R.O.W., 24' paved 24' R.O.W., 24' paved Local Collector NA • Relationship to Smart Growth: While continuing to utilize existing infrastructure the proposed rezoning would have minimal impact with regards to smart growth. The proposed rezoning while not compliant with the long range development plan does tend to follow current redevelopment trends in and around this area. While this project does not provide any additional housing it does provide additional employment opportunities and expands the idea of a walkable community. With a variety and the availability -385- Zoning Report Case #: 091 1 -05, Texan Trail Prop. Page 2 of multi -mode transportation this redevelopment will not only serve the immediate neighborhood but will also serve the entire community by offering additional medical services. • Comprehensive Plan & South East Area Development Plan Consistency: The Comprehensive Plan and the South East Area Development Plan (ADP) slate the subject property as continued multifamily use. The proposed change in zoning is not consistent with the South East ADP or the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and South East ADP both encourage continued commercial development including where adjacent to residential properties. This may be achieved by employing methods which minimize and mitigate the impacts of commercial uses where adjacent to residential uses. A request for the "CG -2" General Commercial zoning would not be an expansion of any adjacent zoning district but an "ON" Office District would be an expansion of an existing Office District to the north of the project site. Plat Status: The subject properties are platted as Lindale Park Subdivision, Section 4, BIock 40, Lots 23 -27 Department Comments: • Texan Trail Properties, LLC has requested a change of zoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District in an effort to redevelop this site and allow for the construction of an 8,593 square foot medical office building consisting of four (4) offices and a (52) space parking lot. This redevelopment will require the demolition of four, 4 -plex apartment buildings which were constructed in the late 1940's. + The redevelopment would minimize the number of driveway cuts along Texan Trail and Reid Drive by consolidating the number of driveways. The reduction in driveways will result in reduced interaction of vehicles backing onto, pulling out of, and crossing over either street. Currently there are approximately five driveways and on -street parking along both streets. • This rezoning request from "RM -1" to "CG -2" is not consistent with the adopted future land use plan or South East Area Development Plan. Despite the inconsistency Development Services staff supports this rezoning request as it will contribute to the overall and ongoing redevelopment effort presently occurring in this area of town. • With the existence of several medical offices adjacent to and immediately north of this site and with the continued use of property immediately south of and adjacent to this property as multifamily staff feels that the higher density "CG -2" General Commercial District is not warranted. Instead of creating a commercial district adjacent to the multifamily use an expansion of the existing "ON" Office District would permit the professional medical use desired but minimize the potential for any future adverse impacts from a higher density and more intense commercial development should the property ever be redeveloped for anything other than an office. • If the applicant is granted a change of zoning to a commercial or office district, the Unified Development Code requires a complete landscape plan including a Zoning District Buffer Yard for redeveloped properties. The Zoning District Buffer Yard is specifically detailed in Section 7.9.6. Table A, Required Zoning District Buffer Yard (Redevelopment). This section will also require the continued maintenance of the existing solid screening fence adjacent to residentially used and zoned properties. -386- Zoning Report Case #: 0911 -05, Texan Trail Prop. Page 3 Planning Commission & Staff Recommendation: Denial of the request to rezone from "RM -1" Multifamily to "CG -2" General Commercial District in lieu thereof approval of an "ON" Office District. Number of Notices Mailed Total —152 within 200' notification area; 0 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition --- 0 (inside notification area); 0 (outside notification area) For 0% As of September 22, 2011 Attachments: 1. Site — Existing Zoning, Notice Area, & Ownership 2. Site — Future Land Use K:1PLN- DIRISHARED11. Planning Commission12011 PC12031 Zoning Reports\Septemher 201110911 -05, Texan Trail Prop.(RInI -I ro CG-2) -387- / 29 28 46 47 4 16 4 27 22 MEC iC .L 13. 6 -R Burr,- H F TRACT CAI-1 FM11-R P-oizE r•R4QT 0 CASE: 0911-05 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 CR -1 CR -2 CG -1 CG-2 Cf CBD CR -3 FR H 6P Neighborhood Commercial Resort Com menial Resort Commercial General Commercial General Commercial Intenelve Commercial Downtown Commercial Resort Com merGel Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUB Planned Link Dev. Overlay RS -10 Single -Family 10 RS-6 Single- Family 6 RS-4.5 Single - Family 4.6 RS-TF Two-Famky RS-15 TWo -Famky RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners Oh 200' buffer In favor 4 Owners within 200' listed on Owners attached ownership fable X In opposition -388- DR i ivo v 5 0 o MDR z. 1 I Pfr4 PSPHS 44.1.1.1.° COM SU ECT PRO ' RTY RS -- 6 ON P MDR �.r MDR ri m Nft CASE: 0911 -05 4. SITE- FUTURE LAND USE Agricultural/Rural Estate Residential Low Density Res. 1NDR 11 Med Density Res. High Density Res. Mobile Home Vacant Professional Office Commercial UZI IEG PQ COM Transportation Plan Weans; proposed OMB Expressways ■..e� ----w Arterials Collectors - - - -• NO Parkway 000 -H-ll+ Railroad +1+1+ raZI m IDP1 Tourist Research /Business Park Light industrial Heavy Industrial Public Semi-Public Park Drainage Corridor Dredge Placement Water Conservation /Preservatlon Map Scale: 4:2,400 ON, MDR ns /f3 201 Prepared 6y: SRR Department of Development Services ORGAN SUBJE PROPER Corpus C.hrlstJBay. IIIII City of Ch is�ti -389- Ordinance amending the Unified Development Code (UDC), upon application by Texan Trail Properties, LLC, Owner, by changing the UDC zoning map in reference to Lindale Park Subdivision, Section 4, Block 40, Lots 23, 24, 25, 26, & 27, from the "RM -1" Multifamily One District to the "ON" Office District, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Texan Trail Properties, LLC, for amendment to the City of Corpus Christi UDC and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 28, 2011, during a meeting of the Planning Commission, and on Tuesday, November 15, 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: SECTION 1. That the UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on Lindale Park Subdivision, Section 4, Block 40, Lots 23, 24, 25, 26, & 27, located at the southwest corner of Reid Drive and Texan Trail, from the "RM- 1" Multifamily One District to the "ON" Office District, resulting in a change of future land use from multifamily use to an office use (Zoning Map 044,040) (Exhibit A — "Planning Commission and Staff Recommendation "). SECTION 2. That the official UDC Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the UDC made by Section 1 of this ordinance. SECTION 3. That the UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the UDC represents a deviation -from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. Page 2 of 3 SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 and /or Article 10 of the UDC. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the. City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure an this day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi f0- APPROVED AS TO FORM: This ° day of c bf-A , 2011 orah Walther Brown ssistant City Attorney For City Attorney K,1 LegaiRSHARED 1LEGAL- DEV.SVCS12011 Agenda111- 15- 11iTexan Trail Properties, LLCM 0 -25-11 No 0911 -05 ORD -Texan Trail Properties, LLC (PC & Staff Recomm RM -1 to ON)ORDFinaIDWB.doc —391— 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, City of Corpus Christi 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 K:I Lega11SI -fAREDILEGAL- DEV.SVCS12011 Agenda111 -15 -11 \Texan Trail Properties, LLC110 -25 -11 No 0911 -05 ORD -Texan Trail Properties, LLD (PC & Staff Recomm RM -1 to ON)ORDFina1DWB.doc —392— 1:141'414.4 14 EMIT 6 -R 80.7 H ¥ rRAcT R.M1G1 -1 POPE' rod or 991100# preparatl ey $RR Q911 -0..5 xhibit A Planning Commission & Staff Recommendation From: "RM -1" Multifamily 1 To: "ON" Office Ordinance No. :.ocafroN ;M4P. -393- 33 AGENDA MEMORANDUM for the City Council Meeting of November 15, 2011 DATE: October 31, 2011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Interim Director /Building Official, Development Services StephenD @cctexas.com 'a 361.826.3246 UPDATE TO CITY COUNCIL. — Adoption of 2008 and 2009 Technical Construction Codes and Proposed Amendments STAFF PRESENTER(S): Name 1. Stephen Draper 2. Sylvia Carrillo OUTSIDE PRESENTER(S): Name Not applicable BACKGROUND: Title /Position Interim Director /Building Official Interim Assistant Director Department Development Services Development Services Title /Position Organization Development Services plans to bring the following actions to City Council on December 6 for first reading; and December 13 for second reading: adoption of the National Fire Prevention Association (NFPA) National Electrical Code as the City's Electrical Code, 2008 edition; International Code Council (ICC) 2009 editions of the International Building Code, Existing Building Code, Energy Conservation Code, Fuel Gas Code, Mechanical Code, Plumbing Code, and Residential Code for one- and two - family dwellings; and proposed amendments to the codes. This update will briefly summarize the proposed amendments for Council consideration. During the fall of 2008, Building Services staff commenced review of the technical construction codes with the International Code Council 2006 editions. Senior staff met with the Electrical Advisory Board, Mechanical/ Plumbing Board, and the Building Code Board of Appeals. Although a draft of recommendations had been compiled, the personnel turnover within Development Services hindered the process of finalizing the review and bringing forward a recommendation. In the spring of 2009, the ICC released the 2009 editions. When the Building Official for Development Services was hired in the fall of 2009, he designated and engaged senior staff to lead the review of the 2009 codes and prepare recommendations for necessary amendments to the codes in order to present and discuss these with the technical construction boards. The review process included meetings with the Builders Association Corpus Christi, Associated Builders and Contractors, Associated General Contractors, and Corpus Christ Home Builders. Staff have met with the residential and commercial developers and the technical construction boards to present the finalized draft. As a result, the boards met on the following dates and approved the recommendations to submit to City Council the ordinance to adopt the NFPA National Electrical Code, 2008 edition; ICC 2009 editions of the International Building Codes; and the proposed amendments incorporated into the ordinance. Building Code Board of Appeals: September 21, 2011 Electrical Advisory Board: September 22, 2011 Mechanical /Plumbing Board: October 4, 2011 LIST OF SUPPORTING DOCUMENTS: PowerPoint (2 slides) Copy of the ordinance Approvals: Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager -398- 0 (I) 0 0 0 0 0 0 E 0 N 0 0 .N a) -v w1 W O_ N i 2 to i O 0 W Ordinance amending Chapter 14 of the Code of Ordinances, City of Corpus Christi, by repealing Article II, City of Corpus Christi Technical Construction Codes and adopting new Article II, City of Corpus Christi Technical Construction Codes; adopting the International Code Council (ICC), 2009 editions of the International Building Code, Existing Building Code, Energy Conservation Code, Fuel Gas Code, Mechanical Code, Plumbing Code, and Residential Code for one- and two- family dwellings; adopting the National Fire Prevention Association (NFPA) National Electrical Code, 2008 edition, as the City's Electrical Code; providing for severance; providing for penalties; providing for publication; and providing for art effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS: SECTION 1. Sections 14 -201 through 14 -300, constituting Divisions 1 through 8 (Administration of Technical Construction Codes, Building Code, Electrical Code, Energy Conservation Code, Fuel Gas Code, Mechanical Code, Plumbing Code, and Residential Code) of Article II (City of Corpus Christi Technical Construction Codes) of Chapter 14 (Development Services) of the Code of Ordinances of the City of Corpus Christi, are hereby repealed and replaced with new sections 14 -201 through 14 -300 enacted as follows: "DIVISION 1: SCOPE AND ADMINISTRATION OF TECHNICAL CONSTRUCTION CODES "Sec. 14 -201. Purpose. "(a) • The purpose of this article is to provide for the scope and administration of the City of Corpus Christi Technical Construction Codes, including the City of Corpus Christi Building Code, Existing Building Code, Electrical Code, Energy Conservation Code, Fuel Gas Code Mechanical Code, Plumbing Code, and Residential Code for One- and Two - Family Dwellings. "2_)1 The City of Corpus Christi has adopted, with local amendments, the International Code Council (ICC), 2009 editions of the International Building Code, Existing Building Code, Energy Conservation Code, Fuel Gas Code, Mechanical Code, Plumbing Code, and Residential Code for One- and Two - Family Dwellings and the National Fire Prevention Association (NFPA) National Electrical Code, 2008 edition, as the Citv's Electrical Code, copies of which authenticated by the signatures of the mayor and city secretary, are made public record by sections 14 -231 (Building Code), 14 -232 (Existing Building Code), 14 -241 (Electrical Code) 14- 251 (Energy Conservation Code), 14 -261 (Fuel Gas Code), 14 -271 (Mechanical Code), 14 -281 (Plumbing Code), and 14 -291 (Residential Code). "j Copies of the adopted codes are on file in the city secretary's office. Ica Collectively these codes, as adopted and amended, are known as the City of Corpus Christi Technical Construction Codes, and are known individually as the City of Corpus Christi Building Code, Existing Building Code, Electrical Code, Energy Conservation Code Fuel Gas Code, Mechanical Code, Plumbing Code, and Residential Code for One- and Two - Family Dwellings. "Sec. 14 -202. Definitions. "As used in this article and the city technical construction codes: 1 -402 -- "Board means the applicable appeal or advisory board appointed by the city council, including the board landmark commission, and zoning board of adjustment, electrical advisory board, or mechanical /plumbing advisory board. "Building inspector means an individual, designated by the building official as a building inspector, who has proper code certifications from a model code organization. "Building ofcial means the person designated by the city manager to administer and enforce the city technical codes. The term also includes an individual designated in writing by the city manager to act on behalf of the building official. "Building section means the section of inspections operations charged with responsibility for administration of the city building code and the residential code, except for the electrical, fuel gas, mechanical, and plumbing provisions. "Building team leader means the employee of the city designated by the building official who is in charge of the building section. "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, or the legally constituted governing body of the city, its agents, employees, and its officers. "Code enforcement official means the building official and any other employees of the city designated in writing by the city manager to make application for administrative and criminal search warrants under authority of the Texas Code of Criminal Procedure, Article 18.05, as the warrants may be necessary to enforce any provision of the Code of Ordinances of the City of Corpus Christi or other municipal ordinances duly promulgated. "Design professional means a registered architect or licensed professional engineer legally registered or licensed under the laws of this state, registered or licensed in this state, and regulating the practice of architecture or engineering. "Director of development services means the department head who supervises the building official, the director of planning, and the special services engineer and oversees administration of inspections operations, planning, and special engineering services. "Electrical inspector means an individual, designated by the building official as an electrical inspector, who has proper code certifications from a model code organization. "Electrical section means the section of inspections operations charged with responsibility for administration of the city electrical code. 2 -403- "Electrical system means any electrical wiring system and the appurtenances, apparatus, or equipment used in connection with the use of electrical energy in, on, outside, or attached to a building, residence, structure, property, or premises for Tight, heat, power, or signaling purposes. The term includes service entrance conductors, as defined by the National Electrical Code and any ducts, raceways, or conduits for the reception or protection of wires or conductors. "Electrical team leader means the employee of the city designated by the building official who is in charge of the electrical section. "Final inspection means the inspection that is made when the scope of buildings electrical energy conservation, fuel gas, mechanical, and plumbing work on a permit is complete. "Floodplain administrator means the building official or the person designated in writing by the city manager who is responsible for administration of the city flood hazard prevention code. "Fuel gas system means any piping, fixtures, appurtenances, and appliances that supply fuel gas from the fuel as supply outside the building or premises to an appliance that utilizes fuel as to produce light, heat, power, refrigeration, or air conditioning; any fuel utilization equipment, including any appliance that utilizes fuel as to produce light, heat, power, refrigeration, or air conditioning; any equipment that utilizes a fuel gas; and any pipes or ducts used to carry the products of combustion from the fuel utilization equipment to the atmosphere. "Inspections operations means the division within the department of development services charged with the responsibility for the administration of the city technical construction codes and includes any employee of the city, who has been delegated authority to carry out duties relating to the administration of the technical construction codes. "Inspector means an employee of the city, designated by the building official, to inspect structures, components, installations, and other work for compliance with the technical construction codes of the city. "Licensed installer means a person who actually connects an irrigation system to a private or public raw or potable water supply system or any water supply, who is licensed under Chapter 34 of the Texas Water Code. Licensed irrigator means an irrigator who is licensed under Chapter 34 of the Texas Water Code. "Licensed plumber means a person who holds a current and valid license issued pursuant to the Texas State board of Plumbing Examiners, and under the Plumbing License Law. "Licensed plumbing inspector means a person who holds a current and valid license issued pursuant to the Texas State board of Plumbing Examiners and under the Plumbing License Law. "Maintenance means the act of keeping in a state of safe operating condition any construction component, structural member, electrical, energy conservation, fuel gas, mechanical, or plumbing system or piece of equipment used inside or outside, attached or connected to any structure or building system by the replacement of components, members, or elements thereof but may not include additions to, or replacement of any existing system or extension of a structure or system. 3 —404— "Mechanical and plumbing team leader means the employee of the city designated by the building official who is in charge of the mechanical and plumbing section. "MechanicaUplumbinq section means the section of inspections operations charged with responsibility for administration of the city fuel gas, mechanical, and plumbing codes. "Mechanical system means any permanently installed systems used to control environmental conditions, such as the temperature, humidity, cleanliness, and distribution of air and related processes within a building or structure, and includes the equipment or a product in an environmental air conditioning system; hvdronic piping systems; a commercial refrigeration system; and special heating systems, such as boilers, cooking equipment, fireplaces, kilns, stoves, furnaces, and dryers. "Open - structure means a structure, or appurtenance, which is not enclosed or confined by walls or other barriers on more than of fifty (50) per cent of its perimeter, i.e., two (2) sides of its perimeter walls (floor to ceiling), and permits the unobstructed flow of natural environmental air. "Permit team leader means the employee of the city designated by the building official who is in charge of the permit office. "Plumbing system means the water supply and distribution pipes: plumbing fixtures and traps; water - treating or water -using equipment: soil, waste, and vent pipes sanitary and storm sewers and building drains; and any piping, fixtures, appurtenances, and appliances, including disposal systems, drain or waste pipes, or any combination of these that supply, recirculate, drain, or eliminate water, storm water, fuel gas, medical gasses and vacuum, liquids, and sewage for all personal or domestic purposes in and about buildings where _persons live, work, or assemble; connect buildings and structures with the source of water, gas, or other liquid supply, or combinations of these. on the premises. or the utility supply mains on public property; and carry waste water, sewage, or storm water from or within a building to the sewer service lateral or storm water system on public property or the disposal or septic terminal that holds private or domestic sewage. "Renewal Community means the area of the city in City of Corpus Christi Census Tracts 1, 3, 4, 5, 7, 10, 11, 13, 35, and 50 as established by the U.S. Bureau of the Census, as it applies to the reduction in permit and survey fees set forth in subsection 14- 1307(b). "Service system means any electrical, energy conservation, fuel gas,_ mechanical or plumbing system. "Temporary or conditional certificate of occupancy means a certificate that authorizes temporary or conditional occupancy of an entire building or only those portions of a building that can be safely occupied prior to final completion and full occupancy of the building. A temporary certificate of occupancy may also be issued for temporary events or temporary structures that will be removed after a specified time. "Secs. 14 -203. Damage to city infrastructure. Every contractor and owner, who makes, contracts, or causes contracts to be made for the installation or repair of a building, structure, electrical, gas, mechanical, plumbing, or energy conservation system, shall repair or replace any component of the city's utility or street infrastructure that is damaged as a result of such installation or repair. 4 -405- ",(p Repairs to the city's utility or street infrastructure must be completed to the satisfaction of the city's director of engineering services. "Section 14 -204. Restrictions on employees. An officer or employee connected with inspections operations, except one whose only connection is as a member of an appeal board or advisory committee established by this code, may not be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building, structure, service, system, or in the making of plans or of specifications thereof, unless he is the owner of such. This officer of employee may not engage in any other work. which is inconsistent with the officer's or employee's duties or conflicts with the interests of the division. The City of Corpus Christi Code of Ethics govern the conduct of board members, officers and employees of the city. "Section 14 -205. Licensing. Electricians. LCD City licensing of electricians. "a. Requirement for license. It is unlawful for any person to engage in the business of installing, maintainingialterinq or repairing any wiring fixtures or equipment used for the conducting of electricity, or for any person or employee of any business in any manner to undertake to execute the work unless the person or employee is the holder of a currently valid license as required herein. All licenses must be renewed annually on forms provided by inspections operations and payment of the fee specified in section 14 -1313 Technical Construction Codes Fee Schedules. "b. False representation of licensing. It is unlawful for any person to falsely represent himself in this jurisdiction as a licensed electrician of any class set forth in this subsection or to use the words electrical contractor, master electrician, electrician, or words of similar meaning, on signs, cards, stationery, or by any other manner whatsoever, unless the person is properly licensed within the meaning of the word as prescribed by this subsection unless authorized by state law. "c. Unauthorized use of license. It is unlawful for any person to lend, rent or transfer the person's electrician's license or certificate, badge, or any rights to any other person, and for any person to make use of any rights that have not been granted to the person. "d. Altering or amending licenses. It is unlawful for any person other than the electrical team leader at the direction of the examination committee to alter or amend in any manner any electrician's license or certificate. Exceptions from electrician license requirements. "a. Low voltage wiring. The installation, alteration, or repairing of any wiring devices or equipment in accordance with Article 720 Article 725 and 5 -406- Article 820 of the Corpus Christi Electrical Code is exempt from licensing. requirements. "b. Electrical utility companies. The installation, alteration or repair of electric wiring, wiring devices, and electrical equipment by an employee of or contractor for an electrical utility company for the generation transmission, and distribution or metering of electrical energy is exempt from the licensing requirement of this subsection. "c. State and federal sites. The installation, alteration or repair of electric wiring, devices, appliances and equipment installed by or for the state or federal government in connection with construction or repair of buildings used, owned, and located on property owned by the state or federal government is exempt from licensing requirements of this subsection. "d. Industrial sites. Where any industry located inside of the incorporated city limits of the city that complies with Section 105.2.4.2 has secured the exemption under Section 105.2.4.2, no electrical license is necessary. However, electrical licensing is required and must be followed for any project or portion of a project that falls under the provisions of section 105.2.4.2(3). "e. Homeowner. If the installation complies with the exemptions referred to in Section 105.2(b)(1) no electrical license is required. License and certification classifications. There are sixl6) classes of licenses and two (2) classes of certifications, which are known as follows: "1. Master electrician license. "2. Master electrician -sign license. "3. Master electrician - elevator license. "4. Journeyman electrician license. "5. Limited journeyman electrician license. "6. Maintenance electrician license. "7. Apprentice electrician certificate. "8. Electrical maintenance person certificate. "al Suspension or revocation of licenses and certificates. "a. Authority of electrical advisor,' board. The electrical advisory board may suspend or revoke the license or certificate of any electrician, who after a hearing, is found guilty of: 6 -407- "1. Using fraud or deceit to obtain an electrician's license or certificate. "2. Taking out electrical permits in the name of some person, firm or corporation authorized by law to do electrical work and then permitting a person without a proper license to do the work. "3. Any gross negligence, incompetency, or misconduct in the performance of electrical work within the jurisdiction of the city. Filing complaints. "1. Any person who has been aggrieved by the . action of an electrician in the performance of electrical work for which an electrical permit is required by this article or the city's electrical code may file a complaint with the electrical team leader. "2. Any officer or employee of the city, who is aware of any facts that would indicate that an electrician, who holds a license or certificate issued by the city, has knowingly and intentionally violated any provisions of this article or the city's electrical code must file a complaint with the electrical team leader. "3. The compliant must be in writing and sworn to by an official authorized to administer an oath. "4. The complaint must state the facts that could support a finding that an electrician has knowingly and intentionally violated any provisions of this article or the city's electrical code, or that an electrician has performed electrical work in an incompetent or negligent manner. "c. Review of grievances. "t It is the responsibility of the electrical team leader to review and investigate complaints and grievances. "2. If the electrical team leader determines that a complaint or grievance has merit and the electrical advisory board should conduct a hearing to determine whether an electrician's license should be revoked or suspended, the electrical team leader may refer the grievance or complaint to the board. "d. Board hearing. "1. Upon receipt of a recommendation from the electrical team leader that the board conduct a hearing to determine whether to revoke or suspend an electrician's license, if the board deems the complaint or grievance sufficient to support further action on its part, will set a public hearing on the complaint or grievance at a specified time and place. 7 -408- The secretary of the board, with the advice of the city attorney, will cause a copy of the board's order and of the information to be served upon the electrician by certified mail at least thirty (30) days before the hearing date. "3. The licensee may appear in person or by counsel at the hearing. "4. The city attorney, as directed by the city manager, will provide counsel for the board. "5. If the electrician fails or refuses to appear, the board may proceed to hear and determine the charge in the electrician's absence. "6. If the licensee confirms the allegations, or if, upon a hearing of the complaint or grievance, the board determines the complaint or grievance to be true, it may suspend or revoke the license or certificate. "7. Upon completion of its hearing, the board shall file its findings and recommendations with the city secretary. The city secretary will provide a copy of the board's decision and the record of the proceedings to the city council. "8. The board's secretary shall also forward a certified copy of the board's findings to the electrician. "e. Suspension of a license or certificate. "1. In the event of a decision to suspend the electrician's license or certificate, the board [must' specify: "A. The length of the suspension, for a period not to exceed one (1) year. "8. Whether the electrician is eligible to receive and work under a lower classification of license during the suspension. "2. The electrical team leader will reissue the electrician's license or certificate at the of the suspension period upon payment of any required fees. "3. The notice of the suspension and reinstatement of the electrician's license or certificate will be filed in the electrician's record. A caps will be provided to the electrician. "f. Revocation of license or certificate. "1. In the event a decision to revoke the electrician's license or certificate, the board must specify: 8 -409- "A. The length of time before the electrician may apply for a new license or when the applicant will be allowed to re- apply for the revoked license. The period must be at least one (1) year, but not more than three (3) years. "B. Whether the electrician is eligible to receive and work under a lower classification of license during the suspension. "2. The notice of the revocation of the electrician's license or certificate will be filed in the electrician's record. A copy will be provided to the electrician. "3. After the minimum length of time, the electrician may reapply for the license that was revoked. "4. The electrical team leader may reissue the electrician's license or certificate if the electrician passes the required examination and pays any required fees. Appeal to city council. "1. An electrician, whose license or certificate has been revoked or suspended by the electrical advisory board, may appeal the revocation or suspension to the city council within thirty (30) days of the board's findings. "2. The appeal must be fled with the city secretary, and state the reasons the board's decision should be modified or reversed. "3. The city secretary will: "A. Schedule the hearing before the city council. "B. Notify the electrician of the time and date of the hearing. The notice must be given to the electrician by certified mail at least five (5) days prior to the date the hearing. "C. Provide a copy of the proceedings before the board to the city council. "4. The hearing will be based on the record of the board's hearing. "5. After the hearing on the appeal, the city council may uphold, amend, or set aside the findings of the board. Violation of order. It is unlawful for any person, firm or corporation whose rights under a license have been suspended or revoked by the city council to engage in or do electrical work. "i2 Supervision of and responsibility for work. "a. In the actual work of installing, maintaining, altering, or repairing any electrical conductors or equipment for which a permit is required by this article or the city's electric code, a qualified electrician of the proper classification must be present and in direct supervision of the work. 11 An electrician with a license classification in one (1) of the first three (3) grades listed in the license classifications in paragraph (3) of this subsection, is liable and responsible for layout, sizing of components, and technical supervision of any work which has required the securing of permits. "c. A journeyman or higher classified grade electrician must be in direct "on the job" supervision of work carried out, except for work falling under the classifications of sign or elevator work, which work must be performed by or directly supervised by the person holding the license or a journeyman particularly qualified in the branch of electrical work. "d. Should it come to the attention of the building official, the building official's designee, or an inspector that the supervision and control is not being maintained, in addition to filing of complaint in the municipal court for the violation, an inspector may order the work to be discontinued. "e. The person, firm, or corporation to whom the permit has been issued, who receives the order to discontinue work, shall discontinue further work until the person, firm, or corporation receives authorization to continue work from an electrical inspector. "f. Nothing, in this; provided further, nothing in this paragraph shall be construed as prohibiting the employment of apprentices assisting a person duly licensed and qualified under the provisions of this chapter. jig No more than three (31 apprentices may be employed for each duly licensed master or journeyman electrician on any one (1) electrical installation. Electrical contractors. "a. Master of record — Contractor relationship. "1. A master of record for a contractor, who is not the contractor, owes a high degree of fiduciary duty to the contractor. "2. A master of record is the agent of the contractor authorized to apply for permits for the contractor when the contractor is not a master of record. "3. Whenever an act or omission of the agent (master) constitutes a violation of law (this code), the act or omission by the agent 10 -411- (master) may be considered to be a violation by the contractor (principal). "4. The contractor, as principal, engages a master at the contractor's peril and is obligated through the master's services to ensure that compliance with the city's electrical code and this article are observed. "5. This code imposes upon the contractor responsibility for the master's acts and omissions irrespective of any intent on the contractor's part. "6. The purpose of the strict obligation is founded in necessity to provide for public safety and promote a high degree of diligence on the part of the contractor for the public protection. "7. Because the contractor has employed and empowered the master to conduct business for the contractor, the contractor is charged with the responsibility for the master's acts and omissions when the master's acts or omissions constitute criminal conduct under this code. "8. The contractor's liability does not lessen the master's own responsibility for safe work or relieve the master of criminal liability for violations of this article or the city's electrical code resulting from the master's conduct. "b. Master of record—Qualifications. "1. Every electrical contractor doing business in the city must have at least one (11 master of record, who holds a current master electrician license and who is one (1) of the following: "A. A sole owner of the business; "B. A full -time paid employee of the business; or "C. An owner or officer of the business who is actively engaged full -time in the operation and conduct of this electrical contractor business. "2. If a master of record leaves the employ of the contractor, all work on permits issued to that master of record must cease until the contractor hires a new master of record, and the new master of record requests that all outstanding permits issued to the prior master of record be reissued in the name of the new master of record, and the records in the inspections operations are brought up to date with the proper information. "3. 'Full -time' means actually engaged in the employment or conduct of the business' work for an average of at least thirty (30) hours 11 -412- per .week, or who reasonably expects to be actively engaged in the employment or conduct of the business' work for an average of at least thirty (30) hours per calendar week over a period of at least six (6) consecutive calendar months. "4. A master of record may not act as master of record for more than one (1) electrical contractor business at one (1) time. "5. If the applicant is not the contractor, the applicant for master of record is a full -time employee and not an owner or officer of the business, evidence of the employment relationship between the applicant (for master of record) and the employer/contractor must be presented by the applicant and employer /contractor. "A. The evidence must include a true and correct copy of the most recently filed, fully executed Texas Workforce Commission employers quarterly report form, showing the applicant as a bona -fide employee of the electrical contractor. "B. If the applicant has not been employed by the electrical contractor Ionq enough to appear on the last quarterly report, applicant and employer/contractor must timely produce the true and correct copy of the fully executed and filed Texas Workforce Commission report at the time the next quarterly report is due. "C. Employer electrical contractor shall verify the report is a true and correct copy of the state filing. "D. False verification is unlawful under this article. "6.. The building official may require the applicant to produce the applicant's current driver's license. "c. Disclosure under Chapter 91, Texas Labor Code. "1. When a master of record is employed under Chapter 91, Texas Labor Code, the master of record, the contractor (client company), who employs the master, and the licensee who reserves the right of direction and control over the master of record, must each make disclosure of the fact. "2. Disclosure must be made on forms promulgated by the building official: "3. Disclosure is required as a condition of the master of record's qualification of status under this code. "4. All code requirements apply to a master of record employed under the authority of Chapter 91, Texas Labor Code, including, but not limited to, the requirement that a master of record serve only a single electrical contractor /employer. "5. The licensee, under the act, which reserves the right of direction and control over the master of record, will be treated as an employer of the master, as required by state law. "6. The electrical contractor (client company) employing the master also will be treated as an employer of the master for the purpose of the electrical license credential, as required by state law. "7. The client company (electrical contractor) and the licensee (staff leasing company) shall each, upon demand of the building official, provide those employment records deemed necessary by the building official. "A. The records must include, but be not limited to, Texas Employment Commission records, to determine that the services of the master of record are being employed by only a single electrical contractor at any time. "B. These records must include, but not be limited to, the contract and payments under the contract between the client company (electrical contractor) and the licensee (staff leasing company). "d. Electrical contractor's affidavit. "1. Every electrical contractor doing business in the city shall file with the electrical team leader a current electrical contractor's affidavit. "2. The affidavit must include: "A. The contractor's name. "B. The contractor's address. "C. The telephone numbers of the business. "D. The names of persons having at least a ten (10) per cent ownership interest in the business. "E. The names and addresses of the officers of the business. "F. The principal address of the business. "G. The name and address of the master electricians who serve as masters of record. "H: The specific method of supervision of electrical work to be conducted by the business. "3. The affidavit must be updated annually at the time the master electrician license is renewed. "e. Master of record's place of business and elements of the master's supervision; unlawful misrepresentation. "1. Every master of record must have and maintain an established place of business. "2. Every master of record must have a local business telephone and make the necessary arrangements to receive messages from the building official, electrical team leader, and other persons concerned during regular business hours. "3. The master of record is responsible for the supervision of all electrical work done under any electrical permits issued to the master of record or the master of record's authorized agent. "4. The master of record's authorized agent must be a full time employee of the electrical contractor business. "5. The master of record's supervisory responsibilities for permitted electrical work include, but are not be limited to: "A. Ensuring the appropriate class of electrician, master or journeyman, is_present on site to perform direct `on the job' supervision for each permitted iob. "B. Ensuring the appropriate ratio of iournevman and apprentices are present at eachnermitted job site. "C. Maintaining supervisory presence on the permitted job sites to ensure code compliance. "6. A master of record who secures a permit for electrical work, which the master of record does not supervise as required in subsection (a)(6)a.5, commits an offense. "7. An electrical contractor whose master of record (agent) commits a code violation, including the offense described in subsection (a)(6)a.5, is also in violation of this article. "8. A- misrepresentation - made by the master of record or failure to supervise by a master of record will be presumed to be a code circumvention to benefit the electrical contractor to the detriment of the public health, safety, and welfare. "9. The contractor is responsible for code violations resulting from the master of record's acts and omissions. "10. Where code violations have been observed on a permitted lob or substantial deviation from the standards of good workmanlike electrical work has been observed, the presumption that the master of record is not performing the master of record's supervisory responsibilities may be made. "f. Display or evidence of license. All electricians must fittingly display their licenses as provided in this paragraph. "1. Every holder of a license as a master electrician, master electrician -sign, or master electrician - elevator shall display the license in a conspicuous place in master's principal place of business. "2. Every holder of a license shall: "A. Carry the holder's license on the holder's person at all times while doing electrical work. "B. Produce and exhibit the license when requested by any electrical inspector or official of the city. Identification of vehicles. "1. Each electrical contractor engaged in the installation or repair of electrical wiring shall have the firm's name conspicuously displayed on all vehicles used by the firm in the transaction of his business. "2. The fimm's name must be legible for a distance of at least fifty (50) feet from the vehicle. Mechanical contractors. Mechanical license law. "a. Licensing of mechanical contractors is regulated by the Aft Conditioning and Refrigeration Contractor License Law, Chapter 1302, Texas Occupations Code. "b. If an application for a permit indicates that the work, or any portion of the work to be done, is required by that law to be performed by . a licensed mechanical contractor, then the building official may issue the permit only if the applicant holds the required license and has paid the annual mechanical contractor registration fee required by Section 14-1313 Technical Construction Codes Fee Schedules. 15 —416— "c. The license holder must furnish building operations with a certificate of insurance evidencing the insurance coverage required by the Commissioner of Licensing and Regulations under Section 1302.102, Texas Occupations Code. "1. The insurance coverage must include a provision that in the event the coverage is canceled or reduced the insurance carrier will notify the inspections operations of the city at least ten (10) days prior to the cancellation or reduction in coverage. "2. A permit holder's permit may be suspended during any period in which the permit holder fails to maintain the required insurance coverage in effect. ugi Affidavit. A person licensed as a mechanical contractor by the State of Texas may file an affidavit with inspections operations authorizing a designated agent to apply for and receive permits in the person's behalf, and affirming that the licensed person assumes all responsibility for any permit obtained by the agent. Identification of vehicles. Each person engaged in the installation or repair of mechanical systems, or parts thereof, shall have the name under which the person does business and mechanical license number conspicuously displayed on all vehicles used by his firm in the transaction of his business. The business name and mechanical license number must be legible from a distance of at least fifty (50) ffeetl from the vehicle. Plumbers. Plumbing license law. "a. Licensing of plumbers is regulated by "The Plumbing License Law ". Chapter 1301, Texas Occupations Code. "b. If an application for a permit indicates that the work, or any portion of the work to be done, is required by the law to be performed by a licensed plumber, then the building official may issue the perrnit only if the applicant holds the required license. "{ Texas Water Code. '1 i "a. Licensing of irrigators is regulated by Chapter 1903, Texas Occupations Code. "b. If an application for a permit indicates that the work to be done is required by the law to be performed by a licensed irrigator, then the building official may issue the permitYonly if-the-applicant holds the required license. Agents. A person licensed by the state as an irrigator or as a master plumber may file an affidavit with inspections operations authorizing a designated agent to apply for and receive permits in the licensed person's behalf, and affirming that the licensed person assumes all responsibility for any permit obtained by the. agent. Identification of vehicles. Each person who engages in the business of plumbing or irrigation in the city shall have the name of the firm under which the person does business and the plumbing license number conspicuously displayed on all vehicles used in the transaction of business. The business name and plumbing license number must be legible from a distance of at least fifty (50) ffeeti from the vehicle. "Sec. 14 -206. Technical construction boards. ",(a) Building code board of appeals. "(1) Appointment. There is hereby established the building code board of appeals which shall consist of seven (7) members. The board shall be appointed by the city council. This board shall have the guidance and assistance of the building official and/or building code engineer. "Q Membership and terms. "a. Membership. The building_ code board of appeals shall be composed of one (1) architect, one (1) general contractor, one (1) engineer, three (3) members at -large from the building industry, and one (1) member not connected with the building industry. "b. Terms. Members shall be appointed for terms of four 1_4) years. Effective June 29, 2010, all new appointments of members shall be for a term of two (2) years. Terms shall be staggered, so that no more than three (3) terms expire in any calendar near. The term of each member shall continue until a successor is appointed, subject to limitations of the City Charter or a term limitation established by ordinance. Any board member may be removed by the city council for cause. A vacancy shall be filled for an unexpired term in the same manner in which original appointments are required to be made. Absence of any member from regular board meetings shall be cause for removal from office in accordance with the City Code of Ordinances. "c. Quorum and voting. Four (4) members of the board shall constitute a quorum. In varying the application of any provision of this code or in modifying an order of the building official, affirmative votes of the majority present, but not Tess than four (4) affirmative votes, are required. No board member shall act in a case in which he or she has a personal or substantial interest in violation of the City Code of Ethics. Secretary of the board. The building official or his authorized representative shall act as Secretary of the board. The Secretary shall make a detailed record of all board proceedings which shall set forth the board's reasons for a decision, each member's vote, any member's absence, and any failure of a member to vote. A record of all business "(3) conducted by the board shall be maintained in the offices of the inspection division. Powers. The building code board of appeals shall have the power to hear individual appeals of decisions and interpretations of the building official on rulings and alternate materials and methods of construction, consider individual variances of the City Building Code and Flood Hazard Prevention Code, and recommend to the city council adoption of changes to the City Building Code and Flood Hazard Prevention Code. "a. Appeals of decision of the building official. "1. Right to appeal. The owner of a building or structure or his duly authorized agent may appeal the decision of the building official to the building code board of appeals whenever one (1) of the following conditions are claimed to exist: "A. The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the erection or alteration of a building or structure. 'B. The provisions of the code do not apply to the specific case. "C. That an equally good or more desirable form of construction can be employed in the specific case. "D. The true intent and meaning of this code or any regulation thereunder have been misconstrued or incorrectly interpreted. "2. Notice of appeal. Notice of appeal shall be in writing and filed within ninety (90) days after the decision is rendered by the building official. Appeals shall be on a form provided by the building official. An application fee shall accompany the notice of appeal. "3. Unsafe or dangerous buildings or service systems. In the case of a building or structure which, in the opinion of the building official, is unsafe, unsanitary, or dangerous, the building official may in his order limit the time for an appeal to a shorter period. "b. Variances. "1. Authority to grant variance_ The building code board of appeals, when so appealed to and after a hearing, may vary the application of any provision of the City Building Code or Flood Hazard Prevention Code to any particular case when, in the board's opinion, enforcement thereof would do manifest injustice and be contrary to the spirit and purpose of these codes or the public 18 -419- interest or when, in the board's opinion, the interpretation of the provision's application by the building official should be modified or reversed. In varying such application, the board must find all of the following: "A. That special conditions and circumstances exist which are peculiar to the building, structure, or service system involved and not applicable to others. "B. That such special conditions and circumstances do not result from the action or inaction of the applicant. "C. That granting the variance request will not confer upon the applicant any special privilege that is denied by the Building Code or Flood Hazard Prevention Code to others. "D. That the variance granted is the minimum variance that will make possible reasonable use of the building, structure, or service system. HE That the granting of the variance request will be in harmony with the general intent and purpose of the City Building Code or Flood Hazard Prevention Code and not detrimental to the public health, safety, and general welfare. "2. Conditions of the variance. In granting the variance request, the board may prescribe a reasonable time limit within which the action for which the variance is granted shall be commenced or completed or both. The board may also prescribe appropriate conditions and safeguards in conformity with the City Building Code or Flood Hazard Prevention Code. A violation of any such condition constitutes a violation of this code. "2D, Procedures of the board. "a. Rules and regulations. The board shall establish rules and regulations for its own procedure that are not inconsistent with the provisions of this code. "b. Organization. The board shall elect a Chairman and Vice Chairman during the first meeting of each calendar year. Members elected Chairman and Vice Chairman shall serve during the calendar year in which elected. If a vacancy occurs in the office of Chairman or Vice Chairman, the board shall elect a replacement to serve out the unfilled term. "c. Frequency of meetings. The board shall hold one (1) regular meeting per month. The regular- called meeting shall be held on the third Thursday of each month, except when there are no transactions or business for the board to address, in which case the meeting may be canceled. The 19 -420- . board shall meet on the call of the Chairman for such special or called meetings as deemed necessary for the board's proper performance of duties. "d. Decisions. "1. The building code board of appeals shall in every case reach a decision without unreasonable or unnecessary delay. "2. A decision of the building code board of appeals to vary the application of any_provision of the City Building Code or Flood Hazard Prevention Code or modify an order of the building official shall specify in what manner such variation or modification is made, any conditions upon which it is made, and the reasons therefore. "e. Appeal to city council. The building official and the person requesting a decision from the board may appeal a decision of the building code board of appeals to the city council :provided, however, that if the decision is not appealed, the decision of the board shall become final in thirty -one (31) days. Electrical advisory board. Appointment. There is hereby established the electrical advisory board which shall consist of ten (10) members. The board shall be appointed by the city council. This board shall have the guidance and assistance of the building official and chief electrical inspector. Membership and terms. "a. Membership. Persons who serve on the electrical advisory board as members shall be qualified as follows: "1. Two (2) persons, each of whom shall have at least five (5) years of active experience as a master electrician. "2. One (1) person who shall have at least five (5) years of active experience as a journeyman electrician. "3. Two (2) engineers, one (1) of whom shall be a licensed professional engineer in this state and the other of whom shall have a bachelor of science degree in electrical engineering and a minimum of five (5) years of experience in the practice of electrical engineering. "4. One (1) person who shall have at least five (5) years of experience in the commercial building industry. "5. One (1) person who shall have at least five (5) years of experience in the home building industry. 20 —421— "6. One (1) person who is a resident of the City and not connected with the electrical industry. "7. One (1) person who shall be a field representative from a utility power distribution company that services the Corpus Christi area and have had at least five (5) years of experience. "8. One (1) person who shall have at least five (5) years of experience in the electrical supply business. "b. Terms. Members shall be appointed for staggered terms of two (2) years. The term of each member shall continue until a successor is appointed subject to limitations of the City Charter or a term limitation established by ordinance. Any board member may be removed by the city council for cause. A vacancy shall be filled for an unexpired term in the same manner in which original appointments are required to be made. Absence of a member from regular board meetings shall be cause for removal from office in accordance with the City Code of Ordinances. "c. Quorum and voting. Six (6) members of the board present at any meeting shall constitute a quorum for the transaction of business. A concurring vote of not less than six (6) board members is necessary to constitute an official board action. No board member shall act in a case in which he or she has a personal or substantial interest in violation of the City Code of Ethics. "d. Secretary of board. The building official or his authorized representative shall act as secretary of the board. The secretary shall make a detailed record of all board proceedings which sets forth the reasons for any board decision, each member's vote, any member's absence, and any failure of a member to vote. A record of all business conducted by the board shall be maintained in the offices of the inspection division. Powers. The electrical advisory board shall review grievances filed against any licensed electrical contractor and other grievances filed within the scope of the Electrical Code, concur on a proposed alternative material, alternate method of construction, or technical ruling prior to such alternative or ruling becoming effective, and recommend changes to the City Electrical Code to the city council. "a. Appeals of rulings and decisions regarding alternative materials and methods of construction. Both the building official and the electrical advisory board must concur with a proposed alternative material, alternative method of construction, or technical ruling prior to such alternative or ruling becoming effective. An appellant may appeal a decision of the building official or the electrical advisory board to the city council. The building official may appeal a decision of the electrical advisory board to the city council. "b. Notice of appeal. Notice of appeal shall be in writing and filed within ninety calendar days after the decision is rendered. 21 -422- "c. Unsafe or dangerous buildings or service systems. In the case of a building, structure, or service system which, in the opinion of the building official, is unsafe, unsanitary, or dangerous, the building official may in his order limit the time for an appeal to a shorter period. Procedures of the board. "a. Rules and regulations. The board shall establish rules and regulations for its own procedure that are not inconsistent with the provisions of this code. "b. Organization. The board shall elect a Chairman and Vice Chairman during the first meeting of each calendar year. Members elected Chairman and Vice Chairman shall serve during the calendar year in which elected. If a vacancy occurs in the office of Chairman or Vice Chairman, the board shall elect a replacement to serve out the unfilled term in the same manner as the Chairman and Vice Chairman w ere elected. "c. Frequency of meetings. The board shall hold one (1) regular meeting per month, except when there are no transactions or business for the board to address, in which case the meeting may be canceled. The board shall meet an the call of the Chairman for such special or called meetings as deemed, necessary for the board's proper performance of duties. "d. Decisions. The electrical advisory board shall in every case reach a decision without unreasonable or unnecessary delay. "01 Appeal to city council. The building official and the person requesting a decision from the board may appeal a decision of the Electrical Advisory Board to the city council; provided, however, that if the decision is not appealed, the decision of the board shall become final in thirty -one (31) days. "(c) Mechanical/plumbing advisory board. "(1) Appointment. There is hereby established the mechanical /plumbing advisory board which shall consist of eleven (11) members. The board shall be appointed by the city council. This board shall have the guidance and assistance of the building official and chief mechanical /plumbing inspector. Membership and terms. "a. Membership. Persons who serve on the Mechanical/ Plumbing Advisory Board as members shall be Qualified as follows: "1. Three (3) persons, each of whom shall have at least five (5) years of active experience as a plumber, at least three (3) years of which shall have been in Corpus Christi; be currently licensed in this state; and be currently active in the plumbing trade. At least two (2) of these persons shall be licensed as master plumbers. 22 —423— "2. One (1) person who shall have at least five (5) years of active experience as a mechanical engineer and be a licensed professional engineer in this state. "3. One (1) person who shall have at least five (5) years of experience in the home building industry. "4. One (1) person who shall have at least five (5) years of experience in the commercial building industry. Three (3) persons, each of whom shall have at least five (5) years of active experience in the heating, ventilation, air conditioning and refrigeration contracting business and be licensed in this state. I[ "6. One (1) person who shall have at least five (5) years of active experience in landscape irrigation and be licensed as an irrigator by this state. "7. One (1) person not connected with the building industry. Terms. Members shall be appointed for terms of two (2) years. The term of each member shall continue until a successor is appointed subject to limitations of the City Charter or a term limitation established by ordinance. Any board member may be removed by the city council for cause. A vacancy shall be filled for an unexpired term in the same manner in which original appointments are required to be made. Absence of a member from regular board meetings shall be cause for removal from office in accordance with the City Code of Ordinances. "c. Quorum and voting. Six (6) members of the board present at any meeting shall constitute a quorum for the transaction of business. A concurring vote of not less than six (6) board members shall be necessary to constitute an official action of the board. No board member shall act in a case in which he or she has a personal or substantial interest in violation of the City Code of Ethics. "d. Secretary of board. The building official or his authorized representative shall act as Secretary of the board. The Secretary shall make a detailed record of all board proceedings which shall set forth the reasons for any board decision, each member's vote, any member's absence, and any failure of a member to vote. A record of all business conducted by the board shall be maintained in the offices of the building inspection division _ powers.'. "a. Advice and recommendations. The mechanical /plumbing advisory board shall advise the City Manag_er regarding any matter in the mechanical, plumbing, and irrigation fields that it considers should be brought to the attention of the city council and recommend changes to the City Fuel Gas, Mechanical, and Plumbing Codes to the city council. "b. Alternate materials. The mechanical/plumbing advisory board may concur with a proposed alternative material, alternative method of construction, or technical ruling. Both the building official and the mechanical/plumbing advisory board must concur with a proposed alternative material, alternative method of construction, or technical ruling prior to such alternative or ruling becoming effective. In no case may the board concur with an alternative material, alternative method of construction, or technical ruling that is contrary to or does not meet or exceed the standards set by the technical construction codes as adopted by the city council. Appeals. The Mechanical/ Plumbing Advisory Board shall rule on appeals within the scope of the Fuel Gas, Mechanical, and Plumbing Codes. "1. Notice of appeal. Notice of appeal shall be in writing and filed within ninety calendar days after the decision is rendered by the building official. An appeal shall be made on a form provided by the building official. "2. Unsafe or dangerous buildings or service systems. In the case of a building, structure, or service system which, in the opinion of the building official, is unsafe, unsanitary, or dangerous, the building official may in his order limit the time for appeals to a shorter period. "d. Grievances. The mechanical /plumbing advisory board shall review grievances within the scope of the Fuel Gas, Mechanical, and Plumbing Codes. "(4) Procedures of the Board. "a. Rules and regulations. The board shall establish rules and regulations for its own procedure that are not inconsistent with the provisions of this code. Organization. The board shall elect a Chairman and Vice Chairman during the first meeting of each calendar year. Members elected Chairman and Vice Chairman shall serve during the calendar year in which elected. If a vacancy occurs in the office of Chairman or Vice Chairman, the board shall elect a replacement to serve out the unfilled term. "c. Frequency of meetings. The board shall hold one (1) regular meeting per month on the second Thursday of the month, except when there are no transactions or business for the board to address, the meeting may be canceled. The board shall meet on the call of the Chairman for such 24 —425— special or called meetings as necessary for the board's proper performance of duties. "d. Decisions. "e. "1. The mechanical/plumbing advisory board shall in every case reach a decision without unreasonable or unnecessary delay. "2. A decision of the mechanical /plumbing advisory board to modify an order of the building official shall specify in what mariner such modification is made, the condition upon which it is made, and the reasons thereof. Interpretations. The board, when so appealed to and after a hearing, may render an interpretation of this code, decide that a provision of this code does not apply, approve or modify a request for an alternative method of construction or material submitted by the applicant for concurrence, or refuse an applicant's request. Appeal to city council. The building official and the person requesting a decision from the board may appeal the decision of the mechanical/plumbing advisory board to the city council; provided, however, that if the decision is not appealed the decision of the board shall become final in thirty -one (31) days. "a. The applicant has the right to appeal a decision of the building official or the mechanical/plumbing advisory board to the city council. "b. The building official has the right to appeal a decision of the mechanical/plumbing advisory board to the city council. "Sec. 14. -207. Violations and Penalties. Penalties. Any person, firm., corporation or agent who violates a provision of this article or the technical construction codes, or fails to comply with any of the requirements of this article of the technical construction codes, or who erects, constructs alters, installs, demolishes, or moves any structure, electrical, energy conservation; fuel gas, mechanical, or plumbing equipment or system, or has erected, constructed, altered, repaired, moved or demolished a building structure, electrical, gas, mechanical or plumbing system, in a manner that varies from any detailed statements or drawings submitted and permitted under this article or the technical construction codes, is guilty of a misdemeanor and liable to a fine of not less than two hundred dollars ($200.00) and not more than two thousand dollars ($2,000.00). "f21 Each day or portion of a day during which any violation of any of the provisions of this article or the technical construction codes is committed or continued is a separate violation. Each owner of any building or structure failing to comply with any of the provisions of this article or the technical construction codes, and each owner of any premises where a violation of the provisions of this article or the technical construction codes occurs, and any architect, _ engineer, designer, builder, contractor, agent, person, firm, or corporation employed by the owner or owners of any building, who has assisted in the commission of any violation of this article or the technical construction codes, is guilty of a separate offense. 141 Unless otherwise specifically stated within the provisions of this article or the technical construction codes, any violation of this article or the technical construction codes that is punishable by a fine that exceeds the amount authorized by Section 12.23 of the Texas Penal Code shall require a culpable mental state of `criminal negligence.' "u Injunction. In addition to the penal remedy in this section, the city attorney shall, upon the direction of the city manager, institute any appropriate action or proceeding, including actions for injunction to prevent, restrain, correct or abate any act, conduct, work, business, practice, or use which is in violation of and illegal as specified in this article or the technical construction codes. "Secs. 14 -208 —14 -230. Reserved. ',DIVISION 2: BUILDING CODE AND EXISTING BUILDING CODE, "Sec. 14 -231. Building Code. With the following additions, deletions, and revisions, the International Building Code, 2009 Edition, as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this Section, and on file in the city secretary's office is incorporated by reference and adopted as the Building Code for the City of Corpus Christi: "/l` Nal Section 101.1 of the International Building Code is revised to read as follows: "101.1 Title. These regulations shall be known as the Building Code of the City of Corpus Christi, hereinafter referred to as 'this code.' Section 101.3 of the International Building Code is amended by adding new subsections 101.3.1 through 101.3.4 to read as follows: "101.3.1 General. The technical construction codes are remedial, and must be construed to secure the beneficial interests and purposes of the codes, which are public safety, health, and general welfare, through structural strength, stability, sanitation, adequate light and ventilation, energy conservation, accessibility, safety to life and property from fire, windstorms, flood hazards, and other hazards attributed to the built environment, including alteration, repair, removal, demolition, use, and occupancy of buildings, structures, or premises, and by regulating the installation and maintenance of all electrical, gas: mechanical- and 'plumbing systems;-'-which -may be referred to as service systems. "101.3.2 Quality control. Quality control of materials and workmanship is not within the purview of the codes, except as it relates to the purposes stated in this section. "901.3.3 Limited purpose of permitting and inspection. The taxpayers and citizens of the city with only limited resources for the operation of government in deciding to provide the services described in these codes undertake to act only for the purposes and to the limited extent, described in this section. "4. Any activity under these codes, including, without limitation, actions or inactions related to applications, plan review, permitting, inspection, investigation, enforcement, and revocation of permits, authorizations, certificates, or releases of any kind, is an exercise of the police power of the city, which power is exercised for the health, safety and welfare of the public generally, "2. The city specifically does not undertake to perform, and does not perform any activity for the benefit of any particular person, persons, or groups, and the city may not have nor ever be deemed to have a duty to any particular person persons, or groups. "3. No city officer, employee, agent, or representative is authorized to create a duty to any person with respect to any activity, and any act or omission of a city officer, employee, agent, or representative purporting to or which might be construed to create any duty is unauthorized and ultra vires. "4. No person may rely in any way whatsoever upon any city inspection, examination, permit, investigation: enforcement, granting or revocation of any permit, authorization, certificate, or release of any kind, or other action or inaction related to this code, or absence thereof, as assurance or indication or to decide that any structure, premises, or activity is safe, sufficient, advisable, or suitable for any purpose, or that it is in compliance with this code. "5. It is the duty of the person who constructs, alters, or occupies a structure or remises and their contractorssubcontractors, design professional, and others assisting them, to determine on the basis of their own efforts and investigation without relying on the city in any way, whether the structure or premises is in compliance with this code. "B. The city may never be liable in torts contract, or any other theory of liability whatsoever, for damages for any defect or hazardous or illegal condition or inadequacy in any building, premises, system, or plan, nor for any failure of any component of such, which arises out of or is alleged to arise out of any action or inaction under or related to this code. "7. As used in this section: a. City includes the City of Corpus Christi, and its officers employees, agents, and representatives, past, present, and future. b. Person includes, without limitation, individuals, all legal entities of any nature, owners of any interest in property, whether fee leasehold, security, or otherwise, builders, developers, renovators, contractors, subcontractors, invitees, licensees, trespassers, insurers, owners of adjacent or nearby properties, and the successors of any of the foregoing. 27 —428— c. Codes mean the building code, electrical code, energy conservation code, fuel gas code, mechanical code, plumbing code, residential code for one- and two - family dwellings, and the flood hazard prevention code. "8. This section applies notwithstanding any other provision of a city code or ordinance presently existing or which may be adopted in the future, unless the provision expressly provides that this paragraph does not apply. "101.3.4 Responsibility for safe work. These codes may not be construed to relieve from or lessen the responsibility or liability of any person owning, operating, installing or maintaining a building or structure, or an electrical, fuel gas, mechanical or plumbing system for damages to persons or buildings caused by any defect therein. "(3) Section 101 of the International Building Code is amended by adding a new section 101.4.7 to read as follows: "101.4.7 Building. The building code applies to the construction, alteration, repair, equipment, use, occupancy, location, maintenance, removal and demolition of every building, structure, residential accessory building or structure, or any appurtenances connected or attached to the buildings. or structures, or any detached buildings or structures on the same property. " "101.4.7.1 Compliance with and participation in the Texas Windstorm Insurance Association's windstorm insurance program is waived for residential accessory buildings or structures, provided that the owner submits a sworn affidavit to the building official stating that the owner has voluntarily decided not to participate in the windstorm program because the residential accessory building or structure may not be insurable. The owner must file a copy of the affidavit in the county records of the county in which the building or structure is located. " 101.4.7.2 A residential accessory building or structure that is not constructed under the Texas Windstorm Insurance Association's windstorm insurance program must be constructed to the prescriptive standards outlined in the Building Code. "4 Section 101 of the International Building Code is amended by adding a new section 101.4.8 to read as follows: "101.4.8 Maintenance and code compliance. All buildings, structures, electrical, fuel gas, mechanical and plumbing systems, devices or safeguards and all parts thereof, which are required by this code, whether existing or new, must be installed and maintained in a safe, sanitary condition and in good working order. Failure to maintain a system in a safe and sanitary condition, or making changes to a building, structure, or system that are not in compliance with this code, may result in the disconnection of the service utilities. The owner, or owner's designated agent, shall be responsible for the -maintenance of buildings;`` structures, - electrical, energy conservation, fuel gas, mechanical, and plumbing systems and the accessibility of the building or structure. "(5) Section 102.2 of the International Building Code is amended by adding a new subsection 102.2.1 to read as follows: "102.2.1 Nonconforming uses. Nothing contained within this code may be construed to allow a nonconforming use to be replaced in contravention of the zoning ordinance of the city. Section 104.1 of the International Building Code is amended by adding a new subsection 104.1.1 to read as follows: "104.1.1 Requirements not covered by code. The building official will determine what, if any, requirements will be necessary for the strength, stability, or proper operation of an existing building, a building proposed to be relocated, or a proposed new building, for which the structural, electrical, gas, mechanical, or plumbing system or the public safety health, and general welfare are not specifically covered by this or the other technical construction codes. Section 104.7 of the International Building Code is revised to read as follows: 104.7 Department records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall comply with the Texas Open Records Act, Texas Local Government Code, and in conformance with the Texas State Library and Archives Commission standards. "Q Section 105.1 of the International Building Code is revised to read as follows: "105.1 General. It shall be unlawful for any person, owner, authorized agent, or contractor to fill, excavate, construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure; to construct a swimming pool; to erect, install enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by the technical construction codes: to erect or construct a sign of any description; to install or alter fire extinguishing apparatus, lawn irrigation systems, elevators, or engines; to install a steam boiler, furnace, heater, incinerator, or other heat producing apparatus; to install a mobile home for occupancy upon a lot; erect, construct, fabricate, apply, or repair one hundred (100) square feet or more of any roof covering of any building; to erect any fence over seven (7) feet in height; or to cause any work to be done, without first making application to the building official and obtaining the required permit(s) for the work. Permits are non- transferable. Section 105.1 of the International Building Code is amended by adding new subsections 105.1.3 through 105.1.5 to read as follows: "105.1.3 Permits for demolition of a building or structure. "105.1.3.1 A permit to demolish a building or structure includes the demolition of the related electrical, mechanical, and plumbing systems. "105.1.3.2 The owner or the contractor must coordinate termination of service with the utility owner to ensure that all electrical, mechanical, and plumbing systems are disconnected and inactive prior to the start of demolition operations. "105.1.4 Permits for excavation and fill. Permits are required for excavation and fill within the corporate city limits in compliance with articles VI, excavations, and VII, regulation of fill materials, of this chapter. "105.1.5 Re -out inspection. It is unlawful for any person, firm, or corporation to connect, or cause to have connected, the source of energy at a utility meter which has been disconnected, for a specified period of time, until a re -out inspection is made and approval has been issued in writing by the building official or building official's authorized representative, authorizing the reconnection and use of the wiring devices, or equipment. "105.1.5.1 A re -out inspection is required if the energy has been disconnected for a period of more than three (3) months, exceptinctweekends and holidays for commercial buildings. "(10) Section 105.2 of the international Building Code is revised to read as follows: "105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: "Building: "1. Anchored/Tied -down one -story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, provided the floor area does not exceed 120 square feet (11 m2). "2. Fences not over seven (7) feet (1829 mm) high. "3. Oil derricks. "4. Retaining walls that are not over 4 feet (1219 mm) in height, measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class 1, II, or IIIA liquids. "5. Water tanks supported directly on grade, if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or width does not exceed 2:1. "6. Sidewalks, driveways, and concrete flat work, with the exception of parking Tots not more than thirty (30) inches (762 mm.) above adjacent grade, not for support of a structure, not over any basement or story below, and not part of an accessible route. "7..,. Painting, papering., tiling, carpeting, cabinets, counter tops, interior doors, screen . doors, door hardware, window hardware, and similar finish work. "8. Temporary motion picture, television, and theater stage sets and scenery. 30 -431- "9. Prefabricated swimming pools accessory to a Group R -3 occupancy that are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18 925 L), and are installed entirely above ground. "10. Shade cloth structures constructed for nursery or agricultural purposes not including service systems. "11. Swings and other playground equipment accessory to detached one- and two - family dwellings. "12. Nonfixed and movable fixtures, cases, racks, counters, and partitions not over 5 feet 9 inches (1753 mm) in height. "13. Tennis courts, batting capes, and related chain link fencing. "14. Drywall, if patching or replacing one 4' x 8' sheet of drywall or Tess. "15. f=ixing broken stair treads and risers (excluding repair and replacement of stringers). "16. Roof repairs Tess than 100 square feet. "17. Repair and/or replacement of exterior siding, brick veneers, masonry, trims or other exterior wall coverings provided that not more than ten (10) percent of the total wall area of the total wall area is being repaired and/or replaced within any twelve month period. "Electrical: "1. Replacement of electric garage door openers, light fixtures, ceiling fans receptacles, Tight switches, door bell transformers, residential -type garbage disposals, dishwashers, and trash compactors, provided that the electrical system is not modified. "2. Replacement of circuit breakers in electric panels with another circuit breaker listed and labeled as a replacement breaker for a specific brand and amperage. "3. Replacement of any fluorescent ballast by any licensed electrician under contract to perform routine maintenance, by the owner or manager of the structure, or by a certified electrical maintenance person employed to perform building maintenance while on the premises of the employer. For purposes of this subsection, "replacement" includes the changing of individual items that are broken or removed and replaced with a similar item as part of an ongoing routine maintenance program, but does not include the replacement with a different type of ballast which requires the rewiring of a fixture or fixtures or the change out of more than twenty -five (25) percent of the ballasts in a structure within a one-year period, unless the item has a shorter life expectancy, is no longer functioning, or is damaged. "4. Reconnection of air conditioning condenser or air handler. "5. Disconnection and reconnection or the installation of disconnects as part of the replacement of the air conditioning condenser or air handler by a state - licensed mechanical contractor who carries a city- issued mechanical permit. "6. Replacement of any sign ballast and transformer up to a rating of fifteen thousand (15,000) secondary volts (sixty (60) ma) by a registered electrician, electric sign contractor, or licensed master electrician. "7. Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. "8. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installation of towers and antennas. "9. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. "10. Oil well pump and service wiring. "Gas: "1. Portable heating appliance. "2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. "3. Repair of sections of gas lines which do not exceed five (5) feet in length. "Mechanical: "1. Portable heating appliance. "2. Portable ventilation equipment. "3. Portable cooling unit. "4. Steam, hot, or chilled water piping within any heating or cooling equipment regulated by this code. "5. Replacement of any part that does not alter its approval or make it unsafe. "6. Portable evaporative cooler. "7. Self - contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less. "Plumbing: 32 -433- "1. The stopping of leaks in drains or water, soil, waste, or vent pipes; provided however, that if any concealed trap, drain pipe, or water, soil, waste, or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. "2. The clearing of stoppages or the repairing of leaks in pipes, valves, or fixtures and the removal and reinstallation of water closets, provided that such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures. "3. Replacement and resetting of any plumbing fixtures, faucets, or appurtenances thereto that are to remain at their existing location. "4. Repair of sections of water or sewer lines which do not exceed five (5) feet in length. "5r Replacement of appliances such as garbage disposals, trash compactors, and dishwashers without altering the plumbing system; excluding boilers. "6. The use of temporary hoses connected to the outlets of clothes washing machines and condensate drains from dehumidifiers and air conditioning units that allow grey water or condensate to be used to irrigate vegetation or water the building's foundation. "7. The installation of a separate drain for clothes washing machines that allows the grey water to be used to irrigate vegetation or water the building's foundation. The drain may not be connected to the plumbing system. "Governmental property: "1. No permit is required within and on the premises within the control and supervision of the state or federal government and where the installations will be a part of the facilities operated, maintained, and controlled by the state or federal government. "2. When city inspections are not provided, all connections to the city water system must be equipped with backflow prevention devices. "a. The water superintendent and the building official will determine the type of backflow prevention device necessary to prevent backflow and back siphonage. To assure the connection, the building official has the right to inspect any installations connected to the city water system to the point of the valves or safety devices, and failure to install or maintain in good operating condition the device authorizes the city to refuse to connect or authorize the city to disconnect the installation from the city water supply system. "Industrial work: 33 -434- "1. A permit is not required and no inspections will be performed by the city relating to the construction, assembly, disassembly, reassembly, modification, alteration, or improvement of an industrial facility or industrial processing unit if: "a. The industrial facility or industrial processing unit occupies a site of twenty (20) or more contiguous acres. 11 The industrial facility or industrial processing unit is inaccessible to the general public. "c. The construction, assembly, disassembly, reassembly, modification, alteration or improvement of the industrial facility or industrial processing unit is under the observation and direct supervision of a licensed professional engineer. "d. The industrial facility or industrial processing unit is used to manufacture, compound, packages process, refine, sort, test and treat raw materials and other processed materials into finished or intermediate products. "e. The industrial facility or industrial processing unit may store materials that will be used in or produced by the manufacturing, compounding, packaging, processing, refining, sorting, testing, and treatment processes. "2. In order to qualify for an industrial exemption under this subparagraph, a professional engineer licensed in the State of Texas must certify at the beginning of each calendar year that all construction, assembly, disassembly, reassembly, modification. alteration, or improvement of the industrial facility or industrial processing unit during the previous year complied with the technical construction codes. "a. The affidavit must contain sufficient information that the industrial facility or industrial processing unit is entitled to the exemption requested. "b. The affidavit must affirm that all construction, assembly, disassembly, reassembly, modification, alteration, or improvement of the industrial facility or industrial processing unit during the previous year were performed under the direct supervision of a professional engineer licensed in the State of Texas. The affidavit must be accompanied by a site plan of a scale sufficient to delineate the industrial facility or processing unit in relation to any surrounding buildings or structures. Any connections to the city's water or wastewater systems must be shown on the site plan. "c. The affidavit must be on a form provided by the building official. "d. The licensed professional engineer who completes, signs, and seals the affidavit must certify that all improvements meet the intent or spirit of the city's technical construction codes and life safety criteria for the occupancy as outlined in Chapter 13 of the Code of Ordinances of the city. 34 -435- "3. Any building or structure, which is not principally used in the manufacturing compounding, packaging, processing, refining sorting, testing, and treatment processes, is not exempt, and permits and inspections are required for any construction, modification, alteration, or improvement to the building or structure. "4. All connections between an industrial facility or industrial processing unit and the city's water system must be equipped with backflow prevention devices, which will prevent backflow and back siphonage. "a. All reduced pressure backflow preventers, pressure type vacuum breakers, and double check valve assemblies must be inspected and certified on an annual basis by a backflow prevention assembly tester to the building official. "b. The inspections operations have the right to inspect any connections to the city's water system, including any valves and backflow prevention devices. "c. If the owner or operator of an industrial facility or industrial processing unit fails to install or maintain valves and backflow prevention devices in good operating condition, the city may refuse to connect the industrial facility or industrial processing unit to, or disconnect the facility or unit from, the city's water supply system. "5. Nothing in this section may be construed to waive or exempt industrial sites from the provisions of any other provision of the Code of Ordinances or any other ordinance of the city. "Agricultural uses: "1. Permits and inspections are not required for installations, alterations additions changes, or repairs within the scope of this code to any structure, which is being used exclusively in connection with the ranching or agricultural use of any tract of land of ten (10) acres or more in area within the city at the time of annexation as long as the entire premises being used for agricultural or ranching purposes at the time of annexation is not converted to any other use. "2. Any agricultural building or structure used for residential occupancy or connected to utility services may not be exempt under this section from the requirements for permits and inspections. "Amateur radio operations: "1. Permits, inspections, and engineered design are not required for the owner or occupant of a one - family dwelling who possesses a current and valid amateur radio operator license issued by the Federal Communications Commission for the erection of any amateur radio antenna tower structure on the premises of the one - family dwelling. "2. Any tower authorized under this paragraph may not exceed fifty (50) feet in height. "3. Any tower constructed under this paragraph must be either located a distance equal to or greater than one -half (112) its height from the nearest property line, or the adjoining property owner must agree to the location of the tower in writing. The agreement must be filed with the county clerk and bind the property owner's successors in interest. "(11) Section 105.2.1 of the International Building Code is amended by adding a new subsection 105.2.1.1 to read as follows: "105.2.1.1 If the contractor fails to submit the application, the permit fee will be subiect to the fees specified by the permit fee schedule for work being performed without a permit and as required in section 14- 1306(b). "(12) Section 105.2 of the International Building Code is amended by adding a new subsection 105.2.4 to read as follows: "105.2.4 Public rights - of-way and utility easements. "1. A permit may not be issued by the building official for the construction of any building, or for the alteration of any building where the building is to be changed . and the change will affect the exterior walls, •bays, balconies, or other appendages or projections fronting on any street, alley or public lane, or for the placement on any lot or premises of any building or structure removed from another lot or premises when the change encroaches into the public right-of-way or utility easement, unless the applicant has made application at the office of the director of engineering services for the lines of the public street on which he proposes to encroach by building, erecting or locating the building and the director of engineering services has approved the encroachment by the use of an instrument approved by city council. "2. When a building permit is issued, it is the duty of the building official to see that the street lines are not encroached upon except as provided for by the zoning ordinance and any other provisions of the Code of Ordinances of the city. "LI Section 105.3 of the International Building Code is revised to read as follows: "105.3 Application for permit. To obtain a permit, an applicant shall first file a written application on a form furnished by the department of building safety for that purpose. Such application shall: "1. Identify and describe the work to be covered by the permit for which application is made. "2. Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed building or work. "3. Indicate the use and occupancy for which the proposed work is intended. 36 —437— "4. Be accompanied by construction documents and other information, as required by section 107. "5. State the valuation of the proposed work. "6. Be signed by the applicant or the applicant's authorized agent. "7. Give such other data and information as required by the building official. "8. For the renovation of a commercial or public building be accompanied by proof that an asbestos survey has been completed by a design professional as outlined in this code or an asbestos inspector licensed by the Texas Department of Health. See Section 107.1.1. "9. For buildings covered by Chapter 469 Elimination of Architectural Barriers of the Texas Government Code, the permit application must be accompanied by an EAB project number. " Section 105.3 of the International Building Code is amended by adding a new subsection 105.3.3 to read as follows: "105.3,3 Applications by regulated trades. Permits for work in the regulated trades that are obtained by a business must be obtained by the business' licensee or an authorized agent of the business. "1. The person obtaining the permit for work in a regulated trade shall provide positive photo identification displayed in the form of a valid driver's license a state identification card, or federal agency or an armed forces identification card. "2. if acting on behalf of a licensed or registered individual, the required identification must have an affidavit or power of attorney authorizing the individual to apply for a permit on behalf of the licensed or registered individual. "(15) Section 105.4 of the International Building Code is amended by adding a new subsection 105.4.1 to read as follows: "105.4.1 Permits not transferable. Permits are valid only for the work described on the permit. The work may be performed only by or under the supervision of the applicant who obtained the permit and only at the location specified. "(16) Section 105.7 of the International Building Code is revised to read as follows: "105,7 Placement of permit and inspection record. The building permit or copy shall be kept at the project site until the completion of the project, and the inspection record shall be readily accessible by the building official and protected from the weather. "(17) Section 105.8 of the International Building Code is amended by adding new subsections 105.8.1 through 105.8.4 to read as follows: 37 —438 -- "105.8.1 All connections to city - owned, city- leased, city- franchised, or city- operated utility service lines inside or outside the city must be made and installed by the city at a point determined by the city: provided, that charges for this utility service and for tap fees must be paid in accordance with the established rates and fees of the city. "105.8.2 Every extension on and into private premises from each city utility line must be made only after a permit has been issued for the extension or connection to the utility line. "105.8.3 One (1) permit is required for each building and for each inspection discipline. "105.8.4 Permits are valid only for work performed, as described on the permit, by or under the supervision of the applicant who obtained the permit and only applies to the location specified by legal description on the permit. "Liaj Section 105 of the International Building Code is amended by adding new sections 105.9 through 105.11 to read as follows: "105.9 Conditional permit. A conditional permit may be issued by the building official for applications that have been denied, provided that the applicant has filed for an appeal on the specific item in question, and that the applicant has submitted design documents to the building official and that the applicant will comply with the code requirements for the item should the appeal be rejected by the board. "105.10 Permits for part-lobs or incomplete projects. When one (1) person completes the rough -in work, in whole or in part, on any building or system, and a second person is called upon to complete the work in whole or in part, then, in that event, a separate permit is required for which regular fees must be paid for the work to be done for the remaining work. "m Each person may be held responsible only for the portion of the work actually installed. Before the second contractor is issued a permit for the completion of the remaining work or the installation of fixtures or equipment, inspections operations will first notify the person holding the original or first permit, that the second permit is proposed to be issued and the original permit will be cancelled. A twenty-four-hour waiting period will transpire between notification to the first permit holder and issuance of a second permit, unless the permit is canceled by the holder of the first permit, upon which the second permit may be issued immediately thereafter. If the first permit holder cannot be notified, or has not responded to the notification within a twenty -four hour waiting period, inspections operations will issue the second permit on the first business day after the waiting period expires. "(f The issuance of the second permit cancels the first permit, and no refund of fees paid for the canceled permit will be made. 38 —439— "105.11 Temporary event permit. "105.11.1 A permit is required for a temporary event, when the event requires a tent or other temporary structure, which is ancillary and adjacent to an existing ongoing commercial operation or function and will be removed after a specified period of time not to exceed fifteen (15) days. "105.11.2 The inspection made prior to issuing the permit will confirm that there are no life safety, zoning, or public health issues associated with temporary sanitary facilities. "105.11.3 In the event that temporary electrical services are required an electrical permit and inspection is required. "105.11.4 The temporary event permit expires at the end of the specified period. "(19) Section 107.1 of the International Building Code is amended by adding new subsections 107.1.1 through 107.1.7 to read as follows: "107.1.1 Texas Department of Health requirements. Prior to the issuance of a permit to renovate or demolish a commercial or public building or structure, the owner must provide evidence to the building official that an asbestos survey has been performed by a design professional as outlined in this code or an asbestos inspector licensed by the Texas Department of Health. The applicant must verify on the application that the survey was performed and approved. "107.1.2 Windstorm plan information. "1. Prior to issuing a permit, the building official will require a separate building plan or plans with building sections and details showing the components, their types, locations, and framing elements which delineate that the framing will resist the pressures developed from the wind speeds in ASCE -7, as adopted by the Texas Windstorm Insurance Association's Building Code for Windstorm Resistant Construction, or any model code approved by the Texas Department of Insurance. "2. All documentation submitted must be sealed by a professional engineer who is licensed to practice in the state and approved to participate in the Texas Windstorm Insurance Association's windstorm program. "3. For buildings or structures having unusual geometric shapes, response characteristics, or site locations for which channeling effects or buffeting in the wake of upwind obstructions may warrant special consideration, wind loads must be based on wind tunnel tests or nationally recognized data approved by the Texas Department of Insurance. All structures within the city must be designed and constructed under the wind Toad provisions of Section 1609. "5. All engineered structures must be designed and inspected by a Texas - registered professional engineer. The engineer must submit a Building Design Certificate, Form WPI -2D, with sealed design drawings and a Building Certificate, Form WPI -2, approved by the Texas Department of Insurance. "107.1.3 Accessibility. "1. The building official must, prior to issuing a building permit, require proof that plans have been submitted to the Texas Department of Licensing and Regulation, Elimination of Architectural Barriers Program, a Registered Accessibility Specialist registered with the Texas Department of Licensing and Regulation, and in compliance with the requirements of Chapter 469 of the Texas Government Code and the rules and regulations of the Texas Department of Licensing and Regulation. "2. An EAB Project Number issued by the Texas Department of Licensing and Regulation will be accepted as proof that the project has been registered with the Texas Department of Licensing and Regulation. "3. Accessibility for projects not subject to state registration. Before issuing a permit, the building official shall examine or cause to be examined each commercial project valued at Tess than fifty thousand dollars ($50,000.00) .to determine if the project falls within the requirements of Chapter 469 of the Texas Government Code, Elimination of Architectural Barriers. "a. For projects that are not required to be registered with the Texas Department of Licensing and Regulation, but which are required to comply with Chapter 469 of the Texas Government Code, no occupancy will be allowed without required city inspection and city certification that the project complies with the requirements of Chapter 469. "b. The city's certification of a project does not imply that the Texas Department of Licensing and Regulation also certifies the project. "107.1.4 Structural and fire resistance integrity. Plans for all buildings must indicate how required structural and fire resistance integrity will be maintained where penetration of a required fire resistant wall, floor, ceiling, or partition will be made for electrical, gas, mechanical, plumbing, communication conduits, pipes, and systems, and also indicate in sufficient detail how fire integrity will be maintained where required fire resistant floors intersect the exterior walls. The information must include Underwriters Laboratories system numbers for each fire resistive assembly required by the technical construction codes. "107.1.5 Post tensioned concrete foundations. AU foundations and foundation repairs, including concrete pier foundations exceeding twenty -five (25) percent of existingpiers, are to be designed by a registered design professional. "107.1.6 Any free - standing structure, such as. a..sign, _antenna; tower, or flap pole, exceeding twenty -five (25) feet in height or producing over fifteen thousand foot - pounds of wind moment on the structure, except as provided in the technical construction codes, must be designed by a registered design professional. 40 —441— "107.1.7 Any fence over seven (7) feet in height except fences more than eighty (80) percent open to the wind up to ten (10) feet in height. Drawings by a design professional are required. "(20) Section 107.2.1 of the international Building Code is revised to read as follows: 107.2.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations as determined by the building official. All information, drawings, specifications and accompanying data must bear the name address, phone number, and signature of the person responsible for the design documents. "(21) Section 107.2.5 of the International Building Code is revised to read as follows: "107.2.5 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades, proposed finished grades, finish floor elevation,_and,_as applicable flood hazard areas, floodways, design flood elevations, drainage patterns, and elevations to ensure storm water will not drain onto the property of others. The site plan shall be drawn in accordance with an accurate boundary Tine survey. In the case of demolition the site plan shall show construction to be demolished, location and size of existing structures, and construction that is to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration. repair, or when otherwise warranted. "(22) Section 107.2.5 of the international Building Code is amended by adding new subsections 107.2.5.2 and 107.2.5.3 to read as follows: "107,2.5.2 When work is to be performed on land adjacent to state owned land or land controlled by the general land office, the building official will require a boundary survey performed by a licensed state land surveyor. "107.2.5.3 Hazardous occupancies. The building official may require the following: General site plan. A general site plan drawn at a legible scale which must include, but not be limited to, the location of all buildings, exterior storage facilities, permanent access ways, evacuation routes, parking lots, internal roads, chemical loading areas, equipment cleaning areas, storm water and wastewater accesses, emergency equipment and adjacent property uses. "0 Building floor plan. A building floor plan drawn to a legible scale which must include, but not be limited to, all hazardous materials storage facilities within the building and must indicate rooms, doorways, corridors, exits, fire rated assemblies with their hourly rating, location of liquid tight rooms, and evacuation routes. Each hazardous materials storage facility or area within a structure or exterior storage must be identified on the general site or building floor plan, with the hazard classes and quantity range per hazard class of the hazardous materials stored. "(23) Section 107.3.1 of the International Building Code is amended by adding a new subsection 107.3.1.1 to read as follows: "107.3.1.1 Authority to proceed with a protect begins with the issuance of a building permit after which electrical, fuel gas, mechanical or plumbing system permits will be issued using the same or similar form. 124) Section 107.3,3 of the International Building Code is amended by adding new subsection 107.3.3.1 and 107.3.3.2 to read as follows: "107.3.3.1 The permit holder may not proceed with any work, which is not authorized by the phased permit. "107.3.3.2 Any work that is not specifically authorized by the phased permit, is subject to the administrative fees for the failure to obtain a permit. "im Section 109.2 of the International Building Code is revised to read as follows: "109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the applicable schedule referenced under Article XIII, Development Service Fees, of Chapter 14, Development Services, of the City Code of Ordinances. "m Section 110.3.1 of the International Building Code is revised to read as follows: "110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready -mixed in accordance with ASTM C 94, the concrete need not be on the job. "{ Section 110.3.1 of the International Building Code is amended by adding a new subsection 110.3.1.1 to read as follows: ';110.3.1.1 Inspections during placement of concrete. The engineer or engineer's representative who certifies the foundation system must be present during the placement of the concrete for the foundation system and must certify that all preparations for concrete placement are in compliance with the technical construction codes. "2E1 Section 110.3.2 of the International Building Code is amended by adding new subsections 110.3.2.1 and 110.3.2.2 to read as follows: "110.3.2.1 Foundation pre -pour inspection. To be made after utility trenches have been backfilled. 42 —443— "110.3.2.2 Inspections during placement of concrete. The engineer or engineer's representative that certifies the foundation system must be present during the placement of the concrete for the foundation system and must further certify that all preparations for the concrete placement are in compliance with the technical construction codes. "(29) Section 110.3.4 of the. International Building Code is amended by adding a new subsection 110.3.4.1 to read as follows: "110.3.4.1 These inspections do not include or take the place of inspections or certifications for compliance required under Texas Department of Insurance windstorm requirements. "(30) Section 110.3.8 of the International Building Code is amended by adding new subsection 110.3.8.1 to read as follows: "110.3.8.1 Hurricane inspections. During periods of time designated by the National Oceanic and Atmospheric Administration as involving a hurricane warning or alert, the building official or the building official's designee shall make inspections of residences, commercial and industrial establishments, and construction sites to ensure that all furniture, display racks, construction supplies and materials, and other loose objects in exposed outdoor locations are secured to rigid construction or stored in buildings. "1. These inspections will be made to ensure, to the extent practicable. that portable storage buildings and manufactured housing units (either being offered for sale stored on lots, or installed on private property) are properly anchored, reinforced and secured. "2. Orders issued by the building official may be oral or written and may be given to the person on the premises responsible for the custody or management or care or maintenance of the premises or the person's employee or agent. Orders must be carried out before winds of hurricane velocity are anticipated. "(31) Section 110.3 of the International Building Code is amended by adding a new subsection 110.3.11 to read as follows: "110.3.11 Texas Department of Insurance windstorm - resistant construction inspections. When authorized by the Texas Department of Insurance building inspectors shall also perform the following inspections for the Texas Department of Insurance. "1. Texas Department of Insurance foundation inspection. This inspection must be requested by the permittee after placement of reinforcements, but prior to pouring of concrete. "2. Texas Department of Insurance rough framing inspection. This inspection must be requested by the permittee prior to any type of covering that would keep the inspector from being able to verify the required connector or fastener pattern. "3. Texas Department of Insurance final framing_ inspection. This inspection must be requested by the permittee prior to installation of insulation and concealment of 43 —444— fastener patterns of exterior coverings and roof coverings. Re- roofinq inspections fall into this category: "4. Texas Department of Insurance mechanical inspection. This inspection must be requested by the permittee after all outside mechanical equipment has been anchored, particularly air conditioning condensers. This category of inspections includes anchorage of other exterior equipment, including floodlights, turbine vents, _propane tanks, swimming pool filters, water cooling towers, satellite dishes, and other similar equipment. "5. All engineered structures must be designed and inspected by a Texas - registered professional engineer. The engineer must submit a Building Design Certificate, Form WPI -2D, with sealed design drawings, and a Building Certificate, Form WPI -2, approved by the Texas Department of Insurance. "6. Approved engineer's inspection. It is the certifying engineer's responsibility to ensure that the engineer or the engineer's representative has completed the Texas Department of Insurance framing inspection prior to the city inspector completing the city's frame inspection. "7. All non - engineered structures must be inspected by an inspector certified by the Texas Department of Insurance or by a Texas - registered professional engineer. "8. A Certificate of Compliance, Form WPI -8, issued by the Texas Department of Insurance, is evidence of compliance with this section and is required before issuance of a certificate of occupancy. No substitutions will be accepted. A temporary certificate of occupancy may be issued prior to receipt of the Certificate of Compliance from the Texas Department of Insurance upon presentation of copies of the Building Certificate, Form WPI -2, and all required Field Forms, Form WPI -7, from a Texas Department of Insurance inspector, Texas - registered professional engineer, or the contractor. "9. Only inspectors employed or certified by the Texas Department of Insurance or Texas- registered professional engineers may be used to inspect for compliance with this section. Unless authorized by the Texas Department of Insurance, the building official and building inspectors shall not certify compliance with this section. The Texas Department of Insurance may be notified if any suspected violations are observed during the normal course of other inspections. ") Section 110.5 of the International Building Code is amended by adding a new subsection 110.5.1 to read as follows: "110.5.1 Inspections during placement of concrete. The building official or the building official's designee upon twenty- four -hour advance notification from the permit holder or permit holder's authorized agent will endeavor to make the following inspections and the other inspections .as_necessary, and either release that portion of the construction or notify the permit holder or permit holder's agent of any violations, which must be corrected in order to comply with the technical construction codes. The permit holder or permit holder's authorized agent shall at the time of the request for inspection provide a physical address for the job site, the permit number for the project, and the type of inspection being requested. It is the responsibility of the permit holder or the 44 -445- permit holder's agent to call for inspections. Failure to call for required inspections could result in the removal of finishes and systems to ensure that the inspections can be performed in compliance with this code. Removal and replacement of finishes and systems is at the expense of the owner and owner's agent or representative. "MI Section 111.1 of the International Building Code is revised to read as follows: "111.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure, or portion thereof, shall be made, until the building official has issued a certificate of occupancy as provided herein. Issuance of a certificate of occupancy shall not be construed as. an approval of a violation of the provisions of this code or of other ordinances of the city. " Section 113 the International Building Code is deleted. Refer to Section 14- 206(a) Technical Construction Boards for details on the establishment, duties and powers, and appeals process of the building code board of appeals. "011 Section 114.4 of the International Building Code is deleted. Refer to Section 14 -207 Violations and Penalties. "L1 Chapter 4 of the International Building Code is amended by adding new sections 424 and 425: "SECTION 424 "FLEA MARKETS "424.1 General. Mercantile classifications operating under the concept of a flea market must be developed in compliance with the provisions applicable to a mercantile classification, except as provided in this section. "424.2 Tenant separation. Full tenant separation is not required if a maximum wall height of four (4) feet, zero (0) inches (one and twenty -nine hundredths (1.29) meters) is maintained, measured from the top of the finish floor or adjacent walking surface. "424.2.1 Walls, partitions, and separations exceeding the four (4) feet, zero (0) inches (one and twenty -nine hundredths (1.29) meters) height and stopping a minimum of two (2) feet from the ceiling or soffit of the lowest horizontal structural member must be of one hour fire resistant -rated construction. "424.2.2 Walls, partitions, and separations exceeding the four (4) feet, zero (0) inches (one and twenty -nine hundredths (1.29) meters) height that are constructed with open wood, metal, or chain -link lattice may have a maximum height of eight (8) feet, zero (0) inches (two and forty -four hundredths (2.44) meters), measured from the top of the finish floor or adjacent walking surface, if a separation from the ceiling at the top of the wall, partition, or separations is at least two (2) feet (sixty -one hundredths (.61) meters), permanently maintained, and totally unobstructed. "424.2.3 A fire resistant -rated separation between the tenant space and main front aisle or side aisle separation for tenant space located at intersecting aisles is not required. 45 —446— "424.3 Aisles. Aisles are considered a public way for exit purposes and may not be permanently obstructed. "424.3.1 The minimum width of an aisle must be ten (10) feet (three and five hundredths (3.05) meters). "424.3.2 Aisles must lead directly to an exterior exit and connect to an aisle of equal width on any change of direction. "424.3.3 Cross - aisles must have a minimum width of six (6) feet (one and eighty - three hundredths (1.83) meters). "424.3.4 Cross - aisles may not serve more than ten (10) tenant spaces, if single - side loaded, or twenty (20) tenant spaces, if double loaded. "424.3,5 In any tenant configuration, sizing of tenant areas as it relates to occupancy loading may not exceed the occupancy capacity of the access aisles. "SECTION 425 "LOCATION OF BUILDINGS NEAR OIL AND GAS WELLS "425.1 General. The presence of oil and gas wells within the city presents the risk of blow -outs and explosions that could endanger the lives of occupants in buildings in proximity to the wells. The city land drilling ordinance and Fire Prevention Code prohibit flames around wells. This section regulates the location of buildings in proximity to oil and gas wells in order to provide for the safety of building occupants. "425.2 Buildings prohibited within one hundred fifty (150) feet of active wells. "425.2.1 No habitable building may be constructed within one hundred fifty (150) feet of an oil and gas well that has not been plugged and abandoned under regulations in the .city's land drilling ordinance, except buildings directly associated with production from the well. "425.2.2 Any oil or gas well that was plugged and abandoned prior to May 29, 1968 with mud or only a bottom plug is considered unsafe for the location of any building within fifty (50) feet of the well until the well is remedied by setting a cement plug in the well near the surface, cutting the casing off below ground, and placing a steel plate over the top. "425.3 Natural gas seepage areas. In any area characterized by seeping methane gas at the surface of the ground, any building constructed must be provided with ventilation for the purpose of protecting against any accumulation of explosive gases under the building. Ventilation systems must be designed by an engineer who must submit a statement with the building permit application to the effect that the design of the ventilation systems complies with this section. "(37) Section fFl 907.2.3 of the International Building Code is revised to read as follows: "907.2.3 Group E. A manual fire alarm system that activates the occupant notification system in accordance with section 907.5 shall be installed in Group E occupancies. Smoke alarms shall be installed in all educational occupancies, including but not limited to, day care centers, elementary and secondary schools, and all portable buildings. These devices shall be installed in accordance with the rules for partial smoke detection systems, except that day care centers require additional protection in every room in which children sleep. Smoke alarms shall be listed and meet the installation requirements of NFPA 72, "(38) Section 912.2 of the International Building Code is amended by adding a new subsection 912.2.3 to read as follows: "912.2.3 Proximity to hydrant. Fire department connections for each sprinkler or standpipe system shall be located not more than 100 feet (30 m) from the nearest fire hydrant connected to an approved water supply. ") Section 1101.2 of the International Building Code is revised to read as follows: "1101.2 Design. Buildings and facilities shall be designed and constructed to be accessible in accordance with this code, ICC A117.1, and the Texas Accessibility Standards, published by the Texas Department of Licensing and Regulation. If a conflict exists between the provisions of this code, ICC A117.1, or the Texas Accessibility Standards, the Texas Accessibility Standards control. The design of all buildings subject to chapter 469 of the Texas Government Code, chapter 63 of the Texas Administrative Code, and the Texas Accessibility Standards shall be reviewed under procedures established by the Texas Department of Licensing and Regulation in chapter 63 of title 16 of the Texas Administrative Code and the Texas Accessibility Standards. "(40) Section 1609.1.1 of the International Building Code is revised to read as follows: "1609.1.1 Determination of Wind Loads. Wind loads on every building or structure shall be determined in accordance with chapter 6 of ASCE 7 or provisions of the alternate all-heights method in section 1609.6. The type of opening protection required basic wind speed, and exposure category for a site may be determined in accordance with section 1609 or ASCE 7. Wind shall be assumed to come from any horizontal direction and wind pressures shall be assumed to act normal to the surface considered. "Exceptions: "1. Subject to the limitations of section 1609.1.1.1, the provisions of ICC 600 shall be permitted for applicable Group R -2 and R -3 buildings. "2. Subject to the limitations of section 1609.1.1.1, residential structures using the provisions of the AF &PA WFCM. Subject to the limitations of section 1609.1.1.1 ,residential structures using the provisions of AISI S230. "4. Subject to the limitations of section 1609.1.1.1,_ residential structures except one - and two - family dwellings using the provisions of the AF &PA Wood Frame Construction Manual for One- and Two- Family Dwellings, 2001 Edition. 47 —448— "5. Designs using NAAMM FP 1001. "6. Designs using TIA -222 for antenna - supporting structures and antennas. "T Wind tunnel tests in accordance with section 6.6 of ASCE 7, subject to the limitations in section 1609.1.1.2. "(41) Section 16122 of the International Building Code is amended by adding the following definitions to read as follows: "SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before - damaged condition would equal or exceed 50 percent of (i) the tax appraisal value of the structure before the damage occurred or (ii) if no tax appraisal value is provided by the Nueces County Tax Appraisal District, the market value of the structure as determined by an independent appraiser. "SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of (i) the tax appraisal value of the structure before the improvement or repair is started or (ii) if no tax appraisal value is provided by the Nueces County Tax Appraisal District, the market value of the structure as determined by an independent appraiser. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: "1. Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. "2. Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure "L421 Section 1612.3 of the International Building Code is revised to read as follows: "1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard, as identified by the Federal Emergency Management Agency in an engineering report entitled 'The Flood Insurance Study for the City of Corpus Christi, Texas (Nueces and Kieberg County)' dated July 23, 1971, as revised on September 17, 1992, and including the accompanying Flood Insurance Rate Map (FIRM), Flood Boundary and Floodway Map (FBFM), and related supporting data aloriQwith any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section. "(43) Section, 3107 the International Building Code is deleted. "(44) Chapter 31 of the International Building Code is amended by adding new section 3111 to read as follows: "SECTION 3111' "BOAT DOCKS AND MOORINGS "3111.1 General. it shall be unlawful, unless specifically provided for by this section for any person, firm, or corporation to place, build, construct, or maintain any dock pier, mooring, piling, post, pipe, or pole in waters within the city limits or Lake Corpus Christi Reservoir below elevation ninety -four (94) feet above mean sea level. "3111.2 Permits. required. The building official may issue permits for the placing building, or construction of any dock, pier, mooring, piling, post, pipe, or pole in waters within the city limits or Lake Corpus Christi reservoir below elevation ninety -four (94) feet above mean sea level. Each dock, pier, mooring, piling, pole, pipe, post, or other structure constructed in waters within the city limits or Lake Corpus Christi Reservoir shall be authorized by a permit issued under this section. "3111.2.1 A permit issued by the building official under this section for a dock pier, mooring, piling, pole, pipes post, or other structure in waters within the Lake Corpus Christi Reservoir shall be authorized by the city's director- of water operations. "3111.2.2 A permit issued by the building official under this section for a dock, pier, mooring, piling, pole, pipe, post, or other structure in waters within the city over submerged lands under the control of the Texas General Land Office (the "TGLO ") shall be authorized by the TGLO Commissioner. '3111.2.3 A permit issued by the building official under this section for a dock, pier, mooring, piling, pole, pipe, post, or other structure in waters within the city patented by the State of Texas shall be authorized by a lease from the city. "3111.2.4 A permit issued under this section shall specify the dimensions and the type of materials used and describe the upland to which said placement or structure is attached. "3111.2.5 Compliance with this section does not relieve a person firm or corporation from obtaining authorization from any other governmental body for the placement of any facility or structure in waters within the city. "3111.3 Boat docks and fishing piers. "3111.3.1 Construction standards. "3111.3.1.1 Boat docks and fishing piers shall be constructed using reinforced concrete and/or heavy timber. "3111.3.1.2 Wood piles used to support boat and fishing piers shall be . pressure- impregnated according to AWPA Standard U1 (which contains information for end users /specifiers) and AWPA Standard T1 (which contains treating requirements for manufacturers). "3111.3.1.3 Piles shall be driven to a minimum penetration below the mud line equivalent to one -half (112) the length of the cut -off pile. 49 -450- "3111.3.1.4 Piers shall be designed to withstand a total live load of fifty (50) pounds per square foot. "3111.11.3 Wooden structural members below the walkway level (caps, stringers, braces, etc.) shall be pressure - impregnated according to AWPA Standards U1 and T1. "3111.3.1.6 The primary pier walkway or platform shall be elevated or otherwise designed to minimize damage resulting from wave action or rising waters. For purposes of this section, the designer shall refer to the flood insurance rate maps and flood hazard boundary floodway maps of the city or the County in determining the damage potential from wave action or rising waters at the specific locality. "3111.3.1.7 Wooden caps, stringers, and beams shall be positively connected to their supporting members in such a manner so as to completely resist their displacement by wave action or rising waters. "3111.3.1.8 Wooden decking shall be at least two (2) inch nominal thickness and nailed to the decking supporting members in such a manner so as to allow the decking to be displaced by wave action or rising waters. "3111.3.1.9 Hardware shall be hot - dipped galvanized under ASTM Standard A153 -61. "3111.3.1.10 When any boat dock or fishing pier is used as an integral part of an exit way from a building, guardrails shall be provided as prescribed in this code. In all other cases, adequate guardrail protection as determined by the designer shall be provided. "3111.3.2 Design. All boat docks and fishing piers shall be designed by a professional engineer licensed in the State of Texas. "3111.3:3 Damaged boat docks and fishing piers. "3111.3.3.1 Damaged boat docks and fishing piers may be rebuilt at their original elevation, provided that at least seventy five (75) percent of the existing pilings are found to be sound. The building official shall make this determination. All piers not meeting this requirement shall be removed. "3111.3.3.2 Damaged piers not completely rebuilt shall be completely removed. " Section 3401.2 of the International Building Code is amended by adding new subsections 3401.2.1 and 3401.2.2 to read as follows: "3401.2.1 Damaged structures or service system. An existing structure or service system, damaged by fire or otherwise, must be surveyed for damage by the inspections 50 —451 — operations, after the applicable survey fees are paid. If the structure or service system is found to be damaged in excess of fifty (50) per cent, of its previous value the structure or service system must be brought into compliance with the current requirements of this code, if the repair is made, except when the repairs are funded wholly or in part by federal housing assistance funds. "3401.2.2 Structures dammed from rising waters. An existing structure or service system in a special flood hazard area, damaged by rising water from a flood hazard, must be surveyed for damage by inspections operations, after the applicable survey fees are paid. If the structure or service system is found to be damaged in excess of fifty (50) per cent, of its previous physical condition, the structure or service system must be elevated to one (1) foot above the base flood elevation, moved out of the special flood hazard area, or demolished and removed. "f_411 Section 3401.3 of the International Building Code is revised to read as follows: "3401.3 Compliance. Alterations, repairs, additions, and changes of occupancy to existing structures shall comply with the provisions for alterations, repairs, additions, and changes of occupancy in the International Fire Code, International Existing Building Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, International Residential Code, NFPA 70, and windstorm requirements of the Texas Department of Insurance. "Exception: Any alterations or repairs to the building or structure are subject to the fifty (50) per cent rule in subsection 110.1.1 and 110.1.2 of this section. "Fifty (50) per cent rule. Requirement to bring building or structure up to current codes: when alterations or repairs costing in excess of fifty (50) per cent, of the then physical value of the building, structure, or service system are made within any period of twelve (12) months to an existing building, structure, or service system, the entire building structure, or service system must be made to conform to the requirements of this code for new construction, except when alterations or repairs are funded wholly or in part by federal housing assistance funds. "Determination of value. The value of the building, structure and/or service system is determined by the building official based upon the value of the building, structure or service system on the tax rolls of the Nueces County Tax Appraisal District on or before the date the alterations or repairs are permitted or commenced, whichever is earlier. "(47) Section 3409.1 of the International Building Code is amended by adding a new subsection 3409.1.1 to read as follows: "3409.1,1 Authority of building official. The provisions of the technical construction codes and the city flood hazard prevention code relating to the, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures may not be .. mandatory for existing buildings or structures identified and classified by the state or the city as historic buildings, provided that, in the opinion of the building official any proposed alteration, repair, enlargement, restoration or relocation of the buildings, not in strict compliance with the technical construction codes will nevertheless meet the spirit and intent of the technical construction codes. Accompanying the application for a permit for the work, the applicant must submit documentation acceptable to the building official 51 -452 -- which identifies the structure to be a historic structure or historic building and must submit complete architectural and engineering plans and specifications bearing_the seal of a licensed design professional registered in the State of Texas. "(48) Section 3410 of the International Building Code is amended by adding a new subsection 3410.2 to read as follows: '3410.2 House Moving. "1. General. A building or part of any building may not be moved through or across any sidewalk, street, alley, or highway within the city limits without first obtaining a house moving permit from the building official. "2. House mover's license required. A house moving permit may be issued only to holders of current and valid house mover's licenses. "3. Written application. Any person desiring to move a building shall first file with the building official a written application containing the following information: "a. Type and kind of building to be moved. "b. Original cost of the building. "c. Extreme dimensions of the length, height, and width of the building. "d. Present and proposed location of the building by lot, block, subdivision, and street numbers. "e. Approximate time the building or structure will be upon the streets and the route that will be taken from the present to the new location. The route must have been reviewed and approved by the city's traffic engineer. "4. Owner's deposit and agreement required As a condition precedent to the issuance of the building permit for the necessary improvements, the owner of the lot to which the house, building, or structure is proposed to be moved must place on deposit with the city a cash deposit of five hundred dollars ($500) and an affidavit in which the owner agrees that, if the specified required improvements are not made within the required time period, the five hundred dollar ($500) deposit will be forfeited and retained by the city. The building official is authorized to grant extensions of time under this section not to exceed an aggregate total of one - hundred twenty (120) calendar days for cause beyond the control of the owner. The retainage of the deposit is to help defray the additional clerical and inspection costs incurred under the circumstances and is riot a penalty or preclusive of any remedy otherwise available to the city to enforce this code. If the necessary improvements are completed within the required t rrie period, the—five hundred dollar ($5001- cash deposit will be refunded when the certificate of occupancy is issued. "5. Substandard buildings and structures. Upon forfeiture of the owner's deposit and depending upon the state of completion of the building or structure and the site, the building official must initiate a substandard case against the property through 52 —453-- the . code enforcement administrator of the city's neighborhood services department. "6. Bond required a. "b. c. The building official, as a condition precedent to the issuance of a house moving permit, may require a bond to be executed by the person desiring such permit with a corporate surety sufficient to the satisfaction of the risk manager. The bond must be made payable to the City of Corpus Christi for the amount that the city`s risk manager prescribes. The bond must indemnify the city against any damage caused by the moving of the building to streets, curbs, sidewalks, shade trees highways, and any other property which may be affected by the moving of the building or structure. The surety bond must be conditioned upon liability for failure to strictly comply with the terms of the house moving permit (to include the route to be taken, period of time in which to affect the move, and repairs or compensation required for damages to public or private property and public improvements) and payment to the city as liquidated damages an amount not to exceed fifty dollars ($50.00) which shall be prescribed by the building official for each and every day's delay in completing the move, repairing any damages to property or public improvements, and clearing all public streets, alleys, or highways of debris occasioned by the movement of the building or structure over public streets, alleys. or hig hways. "7. Improvements by owner. "a. The owner of any house, building or structure proposed to be moved must make within one - hundred fifty (150) days from the date of the issuance of the house moving permit all necessary improvements that are required in order for the house, building, or structure to comply with the requirements of this section. "b. Extensions of time as deemed reasonable may be granted by the building official upon a showing of delay caused by matters beyond the control of the owner or house mover. "c. The application for house moving permit must be accompanied by an application for a building permit and a complete set of plans and specifications signed by the owner or the owner's agent showing the condition of the house, building, or structure as it is being moved and all improvements that are contemplated at the new location. ' 18. Additional improvements by owner required. "a. The owner of any house, building, or structure proposed to be moved to any new location within the city or within five thousand (5,000) feet of the city limits shall, within one- hundred fifty (150) calendar days from the date 53 —454— of the issuance of the house moving permit, make any necessary improvements that are required in order to bring the house, building, or structure into compliance with the requirements of the city's codes, zoning ordinance, and platting ordinance. "b. The application for building permit, if for a permanent dwelling within the city or city's extraterritorial jurisdiction, must include evidence of the availability at the site of electricity, an approved potable water supply and approved methods of sewage disposal, construction debris containment, and trash hauling so that the site remains clear of blowing trash. "9. Exemptions for moving small buildings, mobile homes, HUD -code manufactured housing, or industrialized buildings. "a. Any building or structure for which the maximum dimensions are less than thirteen (13) feet, six (6) inches in height, twelve (12) feet, zero (0) inches in width, and fifty-five (55) feet, zero (0) inches in length may be moved without a house mover's license or house moving permit. "b. Any mobile home, HUD -code manufactured housing unit, or industrialized building bearing the inspection sticker of the Texas Department of Licensing and Regulation or Texas Department of Housing and Community Affairs may be moved without a house mover's license or house moving permit. "10. Removal of piers, foundations, stairs, and other debris. "a. When any building is moved, the house mover shall remove from the site any piers previously used to support the structure, foundation elements that are above grade, stairs that provided access to the structure, and any other debris resulting from the moving or partial demolition of the structure. "b. The house mover may leave structures at the site (including piers, foundation elements, and stairs) that will be used to construct a new structure on the site, if a building permit has been issued for the new structure. "11. The house mover shall notify the city's water and wastewater departments, so the taps and meters can be removed by the city. "3410.2.1 House mover's license required. "1. A house mover's license is required before any person, firm, or corporation moves a house, buildings, or other structure within the city. "2. An applicant for a house mover's license shall apply to the building official for a house mover's license. "3. The applicant in the application must state the name and address of all persons owning any interest in the house moving business. 54 -455- "4. The applicant must pay at the time of application the annual house mover's license fee specified in Section 14 -1313 Technical Construction Codes Fee Schedules. "3410.2.2 Term of license and renewal. "1. A house mover's license is valid for one (1) year from the date of issuance, unless sooner revoked. "2. A house mover's license may be renewed at the end of its term by filing an application for renewal and paying the annual license fee established in section 14 -1313 Technical Construction Codes Fee Schedules. "3410.2.3 House moving permit required. 1. No person may move a house, building, or other structure without first obtaining a house moving permit. "2. House moving permits may only be issued to the holder of current and valid house mover's license. "3. The house mover shall move (relocate and secure) the permitted structure within forty -five (45) days from the date of issuance of the moving permit. "4. The house mover must demolish and remove any debris, piers, porches, stairs, or foundation elements above from the location at which a house building, or other structure was removed within forty -five (45) days from the date of issuance of the moving permit. "3410.2.4 Notification, payments, and revocation of license. "1. As a condition of the permit, any licensed house mover shall before moving any house, building, or structure within the city give notice to all persons, firms, or corporations, utilities, or other persons having poles lines, wires, or other the fixtures that may be affected along the route over which the house building, or structure may be moved, at least twenty -four (24) hours before the house, building, or structure must be moved. "2. The house mover must obtain an approved route from the city traffic engineer, and secure motorcycle police and utility company escort services to accompany the house, building, or structure along its movement on the approved route. The house mover must provide the required escorts at the house mover's expense. "3. The house mover is responsible to the owner for ensuring that all requirements coincidental with the movement of a house building, or structure are met, including, but not limited to the following: "a. That the structure is moved in a timely manner. 55 -456- 1' If the house, building, or structure is relocated to a lot within the city, the structure is located on the new lot in a manner that complies with all required setbacks and easements. "c. If the house, building, or structure is relocated to a lot within the city, the foundation system is designed and constructed under the technical constructidn codes. "d. If the house building, or structure is relocated to a lot within the city, the engineer of record, responsible for the design and certification of the installation of the foundation system, has inspected the preparation of the foundation system, has supervised the placement of the steel, has supervised the placement of any concrete supports, and has forwarded the foundation certificate to building operations in a timely manner. "4. Upon the completion of the moving operation and the final determination of the expenses including time and material incurred by the city for services and material provided to the house mover, which are shown on an itemized statement furnished to the permit holder, the house mover shall pay the city's expenses within ten (10) days after receipt of the statement. If the house mover fails to pay the expenses within ten (10) days, the house mover's license is automatically cancel the house mover's license of the person, firm, or corporation engaged in the business of house moving in the city, and a letter from the building official upon the receipt of documentation from the aggrieved department/division to the person, firm, or corporation is sufficient to cancel the permit and suspend the house mover's license. "5. The building official may suspend or revoke, at any time a house mover's license, if the holder of the license while preparing, moving, or securing any house building, or structure violates the terms of this code, or any other ordinance of the city. "a. The building official may suspend a house mover's license for any period Tess than sixty (60) days. "b. The building official may revoke a license for a minimum of sixty - calendar days, but not more than aperiod of one (1) year. "c. A revocation of license requires re- licensing under subsection (d)(1) of this section. The decision of the building official to suspend or revoke a house mover's license marbe appealed to the citv''council. Any appeal must be filed in writing, with the city secretary, within ten C10) working days of the date of the building official's decision. It "6. Requests for reinstatement of a house mover's suspended or revoked license may be filed by the house mover with the building official. 56 —457— "a. The house mover must submit documentation indicating that the house mover has completed the work or corrected the problem that lead to the infraction and has taken measures to prevent future infractions. it A license reinstatement fee must be paid before a house mover's license is reissued, as provided for in the permit fee schedule. "3410.2.5 Amount of house mover's bond. "1. The amount of bond required by section 3410.2(6) is twenty thousand dollars ($20,000.00). "2 In lieu of the bond in the amount of twenty thousand dollars ($20,000.00) the applicant may give as surety upon the bond a good and reliable surety company or may give a sufficient personal bond with two (2) or more financially responsible persons as sureties. "a. Before becoming effective, the bond requires the approval of the city attorney. "b. The bond must be conditioned that it will not be discharged by one (1) recovery on the bond, but that the obligation is a continuing obligation, which is effective for the term of the house mover's license. 3410.2.6 Required house mover's insurance. "1. The applicant shall file with the building official a comprehensive general liability, motor vehicle liability, and property damage insurance policies. "2. The policies must be accompanied by endorsements naming the applicant as the insured, and the city as an additional named insured in an amount determined by the director of safety and risk management, under the provisions of section 17 -15 of the Code of Ordinances. "3. The policy must be effective for the duration of the license requested by the applicant. "(49) Section 3412.2 of the International Building Code is revised to read as follows: "3412.2 Applicability. Structures existing prior to the effective date of this Ordinance in which there is work involving additions, alterations or changes of occupancy shall be made to comply with the requirements of this section or the provisions of sections 3403 through 3409. The provisions in sections 3412.2.1 through 3412.2.5 shall apply to existing occupancies that will continue to be or are proposed to be in Groups A, B E F, M, R, S, and U. These provisions shall not apply to buildings with occupancies in Group Horl. "(50) APPENDIX L is added to read as follows: 57 -458 -- "APPENDIX L "TIE DOWN STANDARDS FOR PORTABLE BUILDINGS, TRAVEL TRAILERS, UNOCCUPIED MANUFACTURED HOMES ON MOBILE HOME DEALER SALES LOTS, INDUSTRIALIZED HOUSING UNITS NOT INSTALLED ON A PERMANENT SITE, AND MOBILE HOMES. "L101 DEFINITIONS "L101.1 Definitions. As used in this Appendix, the following terms have these meanings: "HUD -code manufactured home. A structure constructed on or after June 15, 1976 under the rules of the United States Department of Housing and Urban Development that is: "1. Built on a permanent chassis: "2. Designed for use as a dwelling; "3. With or without a permanent foundation when the structure is connected to the required utilities; "4. Transportable in one or more sections: and "5. At least eight (8) body -feet in width or forty 140) body -feet in length in traveling mode or at least three hundred and twenty (320) square feet when erected onsite. "The term 'HUD -code manufactured home' includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. "The term 'HUD -code manufactured home' does not include a recreational vehicle, as defined by section 3282.8(g) of title 24 of the Code of Federal Regulations. "Industrialized housing. A residential structure that is: "1. Designed for the occupancy of one (1) or more families; "2. Constructed in one or more modules or modular components and built at a location other than the permanent site: "3. Designed to be used as a permanent residential structure when the module or modular component is transported to the permanent site and erected or installed on a permanent foundation system; and "4. Constructed under the authority of chapter 1202 of the Texas Occupations Code. "Each transportable modular section or component shall have decals or insignia issued by the Texas Commission of Licensing and Regulation .(the "Commission ") to indicate 58 -459- compliance with chapter 1202 of the Texas Occupations Code and the Commission's implementing rules. The term 'industrialized housing' includes the plumbing heating air conditioning, and electrical systems contained in the structure. "The term 'industrialized housing' does not include: "1. A residential structure exceeding three stories or forty -nine (49) feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof; "2. Housing constructed of a sectional or panelized system that does not use a modular component; or "3. A ready -built home at a temporary location that is constructed in a manner in which the entire living area is contained in a single unit or section for the purpose of selling and moving the home to another location. "Mobile home. A structure, transportable in one or more sections, which is eight (8) feet (2,438 mm) or more in width or forty (40) feet (12,192 mm) or more in length in traveling mode or, when erected onsite, is three hundred twenty (320) square feet (930 m2) or more, built on a permanent chassis, and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. The term 'mobile home' includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. The term 'mobile home' for a dwelling built before June 15 1976 does not include a HUD -code manufactured home. "Portable building. A structure constructed offsite that can be moved onto a site and does not include a permanent foundation, including a manufactured storage unit without a permanent foundation that is sold in a kit. "Travel trailer. A vehicular, portable structure built on a chassis and designed to be used without a permanent foundation as a temporary dwelling. It may be occupied with or without utilities and provided for by temporary connections at a parking site. "L102 PORTABLE BUILDINGS "L102.1 All portable buildings located within the city shall be securely anchored to the ground by a means described in L106. "L102.2 When hurricane warnings or watches issued by the NOAA National Weather Service are in effect for the city, a portable building shall, in addition to being permanently anchored, either be securely anchored to the ground with over- the -roof tie straps attached to anchors as described in L105 or disassembled and securely stored in permanent buildings. "L102.3 Any portable building within the city limits when hurricane warnings or watches are in effect which is not either secured with the roof straps anchored to the ground or disassembled and stored within a permanent building is declared a public nuisance and threat to the public safety and welfare. "L103 TRAVEL TRAILERS 59 —460— "L103.1 Travel trailers to be left or left within the city at parking sites when hurricane warnings or watches issued by the NOAA National Weather Service are in effect for the city shall be securely anchored to the ground by a means described in L106, lashed to rigid construction capable of holding the travel trailer using approved tie materials and connectors described in L105, or securely stored in permanent buildings. "L103.2 Any travel, trailer left within the city shall be road worthy, registered with the Department of Motor Vehicles, and bear a valid license plate. "L103.3 Any travel trailer within the city limits when hurricane warnings or watches are in effect that is not road worthy, properly registered, bearing a valid license plate, anchored to the ground, lashed to rigid construction,. or securely stored within a permanent building is declared to be a public nuisance and threat to the public safety and welfare. "L104 HUD -CODE MANUFACTURED HOMES, AND INDUSTRIALIZED HOUSING UNITS "L104.1 Unoccupied HUD -code manufactured homes located on mobile home dealer sales lots and industrialized housing units not installed on a permanent site shall be anchored at a minimum at each corner of the mobile home. "L104.2 A frame tie, over- the -roof tie anchor, connections, piers, and footings shall be installed at each corner as described in L106 when a hurricane warning or watch issued by the NOAA National Weather Service is in effect for the city. "L105 TIE -DOWN METHODS "L105.1 Approved tie -down methods for mobile homes, HUD -code manufactured homes, and industrialized housing units. All mobile homes, HUD -code manufactured homes, and industrialized housing unit installations shall comply with the following tie - down methods. "L105.2 Approved tie materials and connectors. "1. Galvanized or stainless steel cable: Three - eighths (318) inch, 7 x 7 cable (seven (7) strands of #7 wires). "2. Galvanized aircraft cable: One - quarter inch, 7 x 19 cable (seven (7) strands of #19 wire). "3. Steel strap: One and one - quarter inch x .035 inch galvanized with tensioning device. "4. Cable ends secured by two (2) U -bolt clamps. "5. Steel rods: Five- eighths (5/8) inch with ends welded closed to form an eye. "6. Turnbuckles: Five - eighths (5/8) inch drop forged, closed eves. "7. Other tensioning devices of similar strength that are approved. 60 —461— "L105.3 Minimum working Toads and overloads. "1. Travel trailers. Anchoring equipment for travel trailers shall be capable of resisting all allowable working loads equal to or exceeding three thousand one hundred fifty (3,150) pounds and withstanding fifty (50) percent overload (four thousand seven hundred twenty five (4,725) pounds total). "2. Portable buildings. Anchoring equipment for portable buildings shall be capable of resisting all allowable working Toads equal to or exceeding three thousand one hundred fifty (3,150) pounds and withstanding fifty (50) percent overload (four thousand seven hundred twenty five (4,725) pounds total). "3. Mobile homes. Anchoring equipment for mobile homes shall be capable of resisting all allowable working loads equal to or exceeding three thousand one hundred fifty (3,150) pounds and withstanding fifty (50) percent overload (four thousand seven hundred twenty five (4,725) pounds total). "L105.4 Number of Ties. The number of ties required for mobile homes is prescribed in Tables L105.4.1 and L105.4.2 as follows: "TABLE L105.4.1 NUMBER OF VERTICAL TIES PER SIDE "Note: The vertical ties nearest the end of the unit shall be placed between four (4) and eight (8) feet from the end. TABLE L105.4.2 NUMBER OF DIAGONAL TIES PER SIDE Mobile Horne Box Width (feet) Number of Vertical lies Required Mobile Home Box Length (feet) 10 12 14 43 to 52 Mobile Home Box Length (feet) 46 to 56 75 to 80 80 5 35 to 46 56 to 75 60 to 79 4 33 to 34 38 to 55 40 to 59. 3 33 to 37 33 to 39 2 "Note: The vertical ties nearest the end of the unit shall be placed between four (4) and eight (8) feet from the end. TABLE L105.4.2 NUMBER OF DIAGONAL TIES PER SIDE 61 -462- All Box Widths Number of Diagonal Ties Required Mobile Home Box Length (feet) 33 to 43 4 43 to 52 5 61 -462- "Note.. The diagonal ties nearest the end of the unit shall be placed between four (4) and eight (8) feet from the end. "L106 ANCHORING EQUIPMENT AND GROUND ANCHORS "L106,1 Anchoring equipment shall be capable of resisting all allowable working loads and withstanding fifty (50) percent overload as specified in L105.3 without the failure of either the anchoring equipment or the attachment point of the portable building, travel trailer, or mobile home. "L106.2 Ground anchors shall be of an approved design and used in a soil type for which they are designed and approved. Approved equipment includes the following: "1. Auger or dead man at least six (6) inches in diameter or arrowhead with flat plane at least eight (8) inches wide. "2. Auger or arrowhead with a depth at four (4) feet; dead man with a depth at five (5) feet. All augers shall be screwed into the earth for the full four -foot depth. "3. Anchor rod five - eighths (5/8) inches in diameter with a welded eye at top. The anchor rod shall be hooked into concrete when used in dead man anchors. "Anchors to slabs shall equal the pull resistance described in L105. All augers, arrowheads, or anchors shall be made of galvanized steel. "L106.3 Quantity of blocking and anchorage. Approved blocking and anchorage is illustrated in f=igure L106.3: 62 -463- 53 to 63 6 64 to 73 7 74 to B0 6 "Note.. The diagonal ties nearest the end of the unit shall be placed between four (4) and eight (8) feet from the end. "L106 ANCHORING EQUIPMENT AND GROUND ANCHORS "L106,1 Anchoring equipment shall be capable of resisting all allowable working loads and withstanding fifty (50) percent overload as specified in L105.3 without the failure of either the anchoring equipment or the attachment point of the portable building, travel trailer, or mobile home. "L106.2 Ground anchors shall be of an approved design and used in a soil type for which they are designed and approved. Approved equipment includes the following: "1. Auger or dead man at least six (6) inches in diameter or arrowhead with flat plane at least eight (8) inches wide. "2. Auger or arrowhead with a depth at four (4) feet; dead man with a depth at five (5) feet. All augers shall be screwed into the earth for the full four -foot depth. "3. Anchor rod five - eighths (5/8) inches in diameter with a welded eye at top. The anchor rod shall be hooked into concrete when used in dead man anchors. "Anchors to slabs shall equal the pull resistance described in L105. All augers, arrowheads, or anchors shall be made of galvanized steel. "L106.3 Quantity of blocking and anchorage. Approved blocking and anchorage is illustrated in f=igure L106.3: 62 -463- rr mR dl 6a.EMI DaNio' (h7 YR ER W p -r1I (ii9) ELXVAT1ONMoa1LEHOME :. OARCHORIHGSYSTEM OA V, .rC L106.3 MEAL @APPROVED �ct V1S& C L sxcr.r-17 -CALE el I SW KO Ion DETAIL ,MAPPROVED BLOOM DETNL® RECONMENES BLOCt( G SOIL AUGER OETNI. ...r "1..106.4 Piers and footings shall: "1. Be spaced at ten (10) foot intervals on both frame rails with end ones no further than one (1) foot from the end. "2. Include four (4) inch by sixteen (16) inch -wide concrete runners. "3. For footings, consist of solid concrete sixteen f 16) inch by sixteen (16) inch by four (4) inch. "4, For piers, consist of standard eight (81. inch by eight (8) inch by sixteen (16) inch open cell or thirty (30) inch maximum height solid concrete block. 63 —464— "5. Only include wood blocks for leveling that do not exceed a maximum thickness of four (4) inches. Such blocks shall be of nominal eight (8) inch by sixteen (16) inch dimensions. "L106.5 Patio and cabana roofs shall: "1. Consist of two (2) rows of vertical support bars with twelve (12) inch spacing. The second row is to be down the middle of or at the edge of the mobile home anchored to concrete floor or equivalent footings. "2. Take into account that other structures on the lot are to be secured. "3. Ensure that tip out rooms will be held by over - the -home ties at the outer edge. "4. Ensure that clerestory roofs include over - the -home ties at the end of each raised section. "Sec. 14 -232. Existing_ Building Code. With the following additions, deletions, and revisions, the International Existing Building Code, 2009 Edition, as published by the International Code Council, a copy of which, authenticated by the signatures of the manor and city, secretary, made public record by this Section, and on file in the city secretary's office, is incorporated by reference and adopted as the Existing Building Code of the City of Corpus Christi: ,111 Section 101.1 of the international Existing Building Code is revised to read as follows: "101.1 Title. These regulations shall be known as the Existing Building Code of the City of Corpus Christi, hereinafter referred to as 'this code.'" "Q Section 101.5 of the international Existing Building Code is revised to read as follows: "101.5 Compliance methods. The repair, alteration, change of occupancy, addition or relocation of all existing buildings shall comply with one of the methods listed in Sections 101.5.1 through 101.5.3 as selected by the applicant. Application of a method shall be the sole basis for assessing the compliance of work performed under a single permit unless otherwise approved by the code official. Sections 101.5.1 through 101.5.3 shall not be applied in combination with each other. Where this code requires consideration of the seismic - force - resisting system of an existing building subject to repair, alteration, change of occupancy, addition or relocation of existing buildings, the seismic evaluation and design shall be based on Section 101.5.4 regardless of which compliance method is used. "Exception 1: Subject to the approval of the code official, alterations complying with the laws in existence at the time the building or the affected portion of the building was built shall be considered in compliance with the _provisions of this code unless the building is undergoing more than a limited structural alteration as defined in Section 807.4.3. New structural members added as part of the alteration shall comply with the international Building Code. Alterations of existing buildings in flood hazard areas shall comply with Section 601.3. "Exception 2: Any alterations or repairs to the building or structure are subject to the fifty (50) per cent rule in subsection 110.1.1 and 110.1.2 of this section. 64 -465- "Fifty (50) per cent rule. Requirement to bring building or structure up to current codes: when alterations or repairs costing in excess of fifty (50) per cent, of the then physical value of the building, structure, or service system are made within any period of twelve (12) months to an existing building, structure, or service system, the entire building~ structure. or service system must be made to conform to the requirements of this code for new construction, except when alterations or repairs are funded wholly or in part by federal housing assistance funds. Determination of value. The value of the building, structure and/or service system is determined by the building official based upon the value of the building, structure, or service system on the tax rolls of the Nueces County Tax Appraisal District on or before the date the alterations or repairs are permitted or commenced, whichever is earlier. "a Section 110.1 of the International Existing Building Code is revised to read as follows: "110.1 Altered area use and occupancy classification change. No altered area of a building and no relocated building shall be used or occupied, and no change in the existing occupancy classification of a building or portion thereof shall be made until the code official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. "f41 Section 112 of the International Existing Building Code is deleted. Refer to Section 14- 206(a) Technical Construction Boards for details on the establishment, duties and powers, and appeals process of the building code board of appeals. Section 113 of the international Existing Building Code is deleted 207 Violations and Penalties. " Chapter 12 of the International Existing Building Code is deleted. of the International Building Code. "L71 Section 1301.2 of the International Existing Building Code is revised to read as follows: "1301.2 Applicability. Structures existing prior to the effective date of this Ordinance in which there is work involving additions, alterations, or changes of occupancy shah be made to conform to the requirements of this chapter or the provisions of chapters 4 through 12. The provisions of sections 1301.2.1 through 1301.2.5 shall apply to existing occupancies that will continue to be or are proposed to be in Groups A B. E F M, R and S. These provisions shall not apply to buildings with occupancies in Group H or Group I. Section 1301.4 of the International Existing Building Code is revised to read as follows: 1301.4 Investigation and evaluation. For proposed work covered by this chapter, the building owner shall cause the existing building to be investigated and evaluated by a registered architect or licensed engineer in accordance with the provisions of sections 1301.4 through 1301.9. . Refer to Section 14- Refer to Section 3410 "Secs. 14 -233 -14 -240. Reserved. 65 -466- "DIVISION 3: ELECTRICAL CODE "Sec. 14-241. Electrical Code. With the following deletions and revisions, the National Electrical Code, 2008 Edition (including Annex. H, Administration and Enforcement), as published by the National Fire Protection Association , a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this Section, and on file in the city secretary's office, is incorporated by reference and adopted as the Electrical Code for the City of Corpus Christi. "(1 Section 80.13(13) of the National Electrical Code is revised to read as follows: Whenever any installation subject to inspection prior to use is covered or concealed without having first been inspected, the authority having jurisdiction shall be permitted to require that such work be exposed for inspection. The authority having jurisdiction shall be notified when the installation is ready for inspection and shall conduct the inspection within two (2) days. "La Section 80.15 of the National Electrical Code is deleted. Refer to Section 14- 206(b) Technical Construction Boards for details on the establishment, duties and powers, and appeals process of the electrical advisory board. Section 80.19(F)(1) of the National Electrical Code is revised to read as follows: "Final inspection must be called for by the permittee or the permittee's agent within thirty (30) days of the completion of work, and must be made of every structure or premises, for which a permit was obtained, upon completion and prior to final approval of or the issuance of the certificate of occupancy, and release of permanent power as required. Section 80.19(F)(3) of the National Electrical Code is revised to read as follows: "Rough inspection must be called for by the permittee or the permiftee's agent and must be made prior to the concealment of the work. "1Q Section 80.23 of the National Electrical Code is deleted. Refer to Section 14 -207 Violations and Penalties. Section 80.25(C) of the National Electrical Code is deleted. Section 80.27(A) of the National Electrical Code is revised to read as follows: "(A) Certificate. All electrical inspectors shall be certified by a nationally recognized inspector certification program accepted by the Electrical Advisory Board. The certification program shall specifically qualify the inspector in electrical inspections. No person shall be employed as an Electrical Inspector unless that person is the holder of an Electrical Inspector's certificate of qualification issued by the "Electrical Advisory Board, except that any person who on the date on which this law went into effect was serving as a legally appointed Electrical Inspector of the city shall, upon application and payment of the prescribed fee and without examination, be issued a special certificate permitting him or her to continue to serve as an Electrical Inspector in the city. 66 -467- Section 80.27(B) of the National. Electrical Code is revised to read as follows: "(B) Experience. Electrical inspector applicants shall demonstrate the following: "L Have a demonstrated knowledge of the standard materials and methods used in the installation of electric equipment Be well versed in the approved methods of construction for safety to persons and property Be well versed in the laws of the city relating to electrical work and the National Electric Code, as approved by the American National Standards Institute "141 Have had at least three (3) years' experience as an Electrical Inspector or six (6) years in the installation of electrical equipment. In lieu of such experience the applicant shall be a graduate in electrical engineering or of a similar curriculum of a college or university considered by the Electrical Advisory Board as having suitable requirements for graduation and shall have had two years' practical electrical experience. Section 80.29 of the National Electrical Code is revised to read as follows: "80.29 Liability for Damages. Article 80 shall not be construed to affect the responsibility or liability of any party owning, designing operating, controlling or installing any electrical equipment for damages to persons or property caused by a defect therein, nor shall the city or any of its employees be held as assuming any such liability by reason of the inspection, reinspection, or other examination authorized. "fit') Section 80.35 of the National Electrical Code is deleted. "LW Section 90.2(B)(5)(b) of the National Electrical Code is revised to read as follows: "b. Are located in legally established irrevocable easements, which have been filed for record with the county clerk's office, rights -of -way, or by other agreements either designated by or recognized by public service commissions, utility commissions, or other regulatory agencies having jurisdiction for such installations, or "(j Section 90.2(B) of the National Electrical Code is revised by adding a new subsection 90.2(B)(6) to read as follows: Installations of exterior lighting on property owned or leased by the utility in public streets or alley rights -of -way, and in irrevocable utility or electric easements. If the easement on which the outdoor lighting is being installed is not shown on a plat that is filed for record with the county clerk's office, the electrical utility must present a map or survey showing the location of the easement and the location of the proposed outdoor lighting. "(13) Article 90 of the National Electrical Code is amended by adding a new section 90.10 to read as follows: 67 —468— "90.10 Individual metering required. A building or buildings containing more than five (5) dwelling units must provide for individual metering or submetering of each dwelling unit. "jam Section 210.19 of the National Electrical Code is amended by adding a new subsection 210.19(C) to read as follows: "(C) Minimum amperage. All circuits, except lighting circuits, must have a minimum current capacity of twenty (20) amperes. "j Section 210.52(B)(1) of the National Electrical Code is revised to read as follows: "(1) Receptacle Outlets Served. In the kitchen, pantry, breakfast room, dining room, laundry/utility room, or similar area of a dwelling unit, the two or more 20- ampere small - appliance branch circuits required by Section 210.11(C)(1) shall serve all receptacle outlets covered by Sections 210.52(A) and (C) and receptacle outlets for refrigeration equipment. "M Section 210.52jB)(2) of the National Electrical Code is amended by adding a new exception No. 3 to read as follows: "Exception No. 3: A receptacle or electrical connection installed to power a vent hood located in a kitchen above a cooking surface. "(j Article 210 of the National Electrical Code is amended by adding a new section 210.53 to read as follows: "210.53 Receptacles Required For Non - Dwellings. The following listed buildings must have a minimum of one (1) receptacle installed for every twenty (20) feet measured horizontally around the interior wall at the floor level of each room, excluding storage rooms: Office Buildings Bank Buildings Restaurants Mechanical Garages Taverns Studios " Section 220.14 of the National Electrical Code is amended by adding new subsection (M) to read as follows: "(D) Maximum number of fixtures and receptacles. Not more than ten (10) incandescent lighting fixtures and/or general use receptacles (duplex) may be installed on a one hundred twenty (120) volt branch circuit. Not more than three (3) electrical connections or receptacles (duplex) may be installed on each of the required small appliance circuit in dwellings. Any electrical connections used to power equipment reduce the number of receptacles allowed on the small appliance circuit by the number of separate connections. "131 Not more than three (3) receptacles (duplex) may be installed on each required bathroom circuit in dwellings. "Lin For circuits supplying lighting fixtures having ballasts, transformers or autotransformers, the computed load based on the total ampere ratings of such fixtures must determine the number of fixtures on a lighting circuit. 11(19) Article 230 of the National Electrical Code is amended by adding a new section 230.11 to read as follows: "230.11 Service - Entrance Conductor and Subfeed Installation Methods. Service - entrance conductors and sub feeds to electrical distribution panels must run in conduits or raceways. A masthead used for support of service drop conductors must extend not Tess than forty -two (42) inches above the roof and must be two (2) inches or larger rigid metal conduit. "(20) Section 230.70 of the National Electrical Code is amended by adding new subsections 230.70(D) and 230.70(E) to read as follows: "(D) Minimum Fault Current Protection. All electrical service entrance equipment except for temporary construction loops, must be provided with fault current protection of not less than twenty -two thousand (22,000) amps. When approved by the building official or his authorized representative, the provisions of this article need not apply to any particular installation for which compliance with this code has been certified by a professional registered engineer in the State of Texas. "(E) Exception For Certain Lighting Fixtures Installed on Poles. A service disconnect means is not required on a pole with a lighting fixture, if: "(1) The pole is in a location accessible to the public, such as in parking lots parks etc., and a disconnecting means is installed in the circuit powering the fixture at a secure location, or "(2) The fixture and all wiring providing power to the fixture are under the exclusive control of an electric distribution utility. ".(21l Section 250.52(A)(5) of the National Electrical Code is revised to read as follows: "(5) Rod and Pipe Electrodes. Rod and pipe electrodes shall not be less than 2.5 m (8 ft) in length and shall consist of the following materials. "(a) Electrodes of pipe or conduit shall not be shall be smaller than metric designator 21(trade size 3/4), and must be made of brass or copper. "(b) Nonferrous rods shall not be less than 13 mm ( 112 in.) in diameter. "(22) Section 300.1 of the National Electrical Code is amended by adding a new subsection 300.1(D) to read as follows: 69 -470- "(D) Raceways or metal clad cables in commercial building's. All commercial buildings must be wired in electrical conduits or with metal clad cables, except as provided herein. 11) Exceptions to raceways or metal clad cables. "(a) Raceways or metal clad cables will not be required when structures, which were originally constructed and used as single- family, single- story, residential -use buildings, are converted to commercial usage if, at the time the building is converted to commercial usage, the preexisting electrical wiring, equipment, and fixtures in such structures conform to all other applicable provisions of this code. "(b) To obtain the benefit of the exemption granted by this article, the owner or occupant of such building must obtain an inspection for a certificate of occupancy as required. "(c) Any installation of new electrical wiring, fixtures or apparatus installed in any building which was converted to commercial usage, or any rewiring of such structure must be wired in raceways or metal clad cables. "(2) Construction/development temporary buildings. Temporary buildings, the uses of which are incidental to construction operations or sale of Tots during development being conducted on the same or adjoining tract or subdivision and which must be removed upon completion of development, are not required to be wired in raceways or metal clad cables. "122 Section 300.3 of the National Electrical Code is amended by adding a new subsection 300.3(D) to read as follows: "(0) Prohibited Conductors. The use of aluminum conductors of No. 2 gauge and smaller is prohibited in electrical wiring installations, except that exterior, overhead conductors are exempted from this prohibition. "(24) Section 300.5 of the National Electrical Code is amended by adding a new subsection 300.5(L) to read as follows: "(L) Non - metallic . Electrical Conduit Required. Only non - metallic electrical conduit may be installed underground. The use of metallic electrical conduits is prohibited in underground installations. "(25) Table 310.5 is amended by adding a new exception No. 1 to read as follows: "Exception No. 1: The minimum size conductor that may be used on any circuit, except a lighting circuit, is 12. "(26) Article 408 of the National Electrical Code is amended by adding new sections 408.23 and 408.24, to read as follows: "408.23 Spare Raceways. For each panel a spare one -inch raceway must be installed from the panel to an accessible location. 70 -471- "Exception No. 1: A spare raceway is not required if there is no access in the attic or from floor above or below the panel. "Exception No. 2: A spare raceway is not required if the walls and ceiling adjacent to panel are not covered. "408,24 Spare Circuits. One (1) spare circuit must be installed for every five (5) circuits in all new buildings. "(27) Section 440.11 of the National Electrical Code is revised to read as follows: "440.11 General. "(A) Purpose. The provisions of Part B are intended to require disconnecting means capable of disconnecting air - conditioning and refrigerating equipment, including motor - compressors and controllers from the circuit conductors. See Figure 430.1. "(8) Branch Circuits. A disconnecting means must be provided in the ungrounded conductors of each branch circuit to electrically operated air conditioning components. "(C) Fusible disconnect. A fusible disconnect switch must be installed for single phase air conditioning equipment of five (5) tons rating or less. "(D) Integrally install components. Disconnecting means must not be required on equipment with integrally installed disconnecting means. "(28) The initial paragraph of Section 440.14 of the National Electrical Code is revised to read as follows: "440.14 Location. Disconnecting means shall be located within sight from, readily accessible from, and within six (6) feet of the air - conditioning or refrigerating equipment. The disconnecting means shall be permitted to be installed on or within the air- conditioning or refrigerating equipment. "La Section 514.8 of the National Electrical Code is revised to read as follows: "514.8 Underground Wiring. Underground wiring shall be installed in schedule 80 Electrical PVC. Any portion of electrical wiring or equipment that is below the surface of a Class I, Division 1, or Class I, Division 2 location fas classified in Table 514.3(B)(1) and Table 514.3(B)(2)1 shall be considered to be in a Class I, Division 1 location that shall extend at least to the point of emergence above grade. Refer to Table 300.5 of this code. "Exception No. 1: Type MI cable shall be permitted where it is installed in accordance with Article 332. "Exception No. 2: Rigid nonmetallic conduit complying with Article 352 shall be permitted where buried under not less than 600 mm (2 ft) of cover. An equipment grounding conductor shall be included to provide electrical continuity of the raceway system and for grounding of non- current - carrying metal parts. 71 -472- "(30) Chapter 6 of the National Electrical Code is amended by adding a new article 696 to read as follows: "ARTICLE 696 "ELECTRICALLY- CHARGED FENCING "696.1 Electrically - charged fencing. Installation of electrically- charged fencing for the purpose of security, animal containment and other similar uses must be under approved Underwriters' Laboratories, or any other nationally recognized testing agency, devices. Upon installation such fencing must be clearly identified with signage not to exceed' a fifty -foot maximum spacing on this electrical fencing. The signage must be legible from a distance of five (5) feet and must be properly maintained while fence is in use. "Secs. 14 -242 -14 -250. Reserved. "DIVISION 4. ENERGY CONSERVATION CODE "Sec. 14 -251. Energy Conservation Code. With the following additions, deletions, and revisions, the International _Ener4V_.._CQneeNatian Cole, .2009 . Edition. as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this Section, and on file in the city secretary's office, is incorporated by reference and adopted as the Enemy Conservation Code for the City of Corpus Christi: se fil Section 101.1 of the International Energy Conservation Code is revised to read as follows: "101.1 Title. This code shall be known as the Energy Conservation Code of the City of Corpus Christi, and shall be cited as such. It is referred to herein as This code.' Section 108.4 of the International Energy Conservation Code is deleted. Refer to Section 14 -207 Violations and Penalties. "Sec. 14 -252 -14 -260. Reserved. "DIVISION 5. FUEL GAS CODE Sec. 14 -261. Fuel Gas Code. With the following additions, deletions, and revisions, the International Fuel Gas Code, 2009 Edition [including Appendix A, Sizing and Capacities of Gas Piping; Appendix B, Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods Category I Appliances and Appliances Listed for Use With Type B Vents; Appendix C, Exit Terminals of Mechanical Draft and Direct -Vent Venting_ Systems; and Appendix D, Recommended Procedure for Safety Inspection of an Existing Appliance Installation (see International Fuel Gas Code Section 101.3 2009 Edition)1, as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this Section, and on file in the city secretary's office, is incorporated by reference and adopted as the Fuel Gas Code for the City of Corpus Christi: "L_II Section 101.1 of the International Fuel Gas Code is revised to read as follows: "101.1 Title. These regulations shall be known as the Fuel Gas Code of the City of Corpus Christi, . hereinafter referred to as 'this code.' ", - Section 106.6.2 of the International Fuel Gas Code is revised to read as follows: "106.6.2 Fee schedule. On buildings, structures, electrical, gas mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the applicable schedule referenced under Article XIII Development Service Fees, of Chapter 14, Development Services of the City Code of Ordinances. "L3_1 Section 106.6.3 of the International Fuel Gas Code is revised to read as follows: "106.6.3 Fee refunds. The code official shall authorize the refunding of fees as follows. "1. The full amount of any fee paid hereunder which was erroneously paid or collected. "2. Not more than 65 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. "The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment." "LID Section 107.2 of the International Fuel Gas Code is revised to read as follows: "107.2 Required inspections and Testing. The code official, upon notification from the permit holder or the permit holder's agent, shall make the following inspections and other such inspections as necessary, and shall either release that portion of the construction or notify the permit holder or the permit holder's agent of violations that are required to be corrected. The holder of the permit shall be responsible for scheduling such inspections. "1. Underground inspection shall be made after trenches or ditches are excavated and bedded, piping is installed and before backfill is put in place. When excavated soil contains rocks, broken concrete, frozen chunks and other rubble that would damage or break the piping or cause corrosive action, clean backfill shall be on the lob site. "2. Under floor inspection must be called for by the permit holder or the permit holder's agent, and must be made after all the piping under the floor is installed and prior to the concealment of the work. A pressure test may be required on all piping before the inspection is approved. "3. Rough -in inspection shall be made after the roof, framing, fireblockinq and bracing are in place and components to be concealed are complete and prior to the installation of wall or ceiling membranes. "4. Final inspection shall be made upon completion of the installation. 73 —474— "The requirements of this section shall not be considered to prohibit the operation of any heating appliance installed to replace an existing heating appliance serving an occupied portion of a structure in the event a request for inspection of such heating appliance has been filed with the department not more than 48 hours after replacement work is completed, and before any portion of such appliance is concealed by any permanent portion of the structure. 151 Sections 108.1 through • 108.4 of the International Fuel Gas Code are deleted. Refer to Section 14 -207 Violations and Penalties. "n Section 108.5 of the International Fuel Gas Code is revised to read as follows: "108.5 Stop work orders. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, the owner's agent, or the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not Tess than $2,000 dollars or more than $10,000 dollars. "r" Section 109 of the International Fuel Gas Code is deleted. Refer to Section 14.206(c), Technical Construction Boards, for details on the establishment, duties and powers, and appeals process of the mechanical /plumbing advisory board. Section 305.3 of the International Fuel Gas Code is revised to read as follows: "305.3 Elevation of ignition source. Equipment and appliances having an ignition source shall be elevated such that the source of ignition is not less than 18 inches (457 mm) above the floor in hazardous locations, public garages, private garages, repair garages, motor fuel - dispensing facilities, and parking garages. For the purpose of this section, rooms or spaces that are not part of the living space of a dwelling unit and that communicate directly with a private garage through openings shall be considered to be part of the private garage. "305.3.1 Installation in residential _garages. In residential garages where appliances are installed in a separate, enclosed space having access only from outside of the garage, such appliances shall be permitted to be installed at floor level, provided that the required combustion air is taken from the exterior of the garage. "305.3.1.1 Water heaters installed in garages. Water heaters having an ignition 'source shall be elevated not Tess than 18 inches (457 mm) above the garage floor. "305.3.2 Parking garages. Connection of a parking garage with any room in which there is a fuel -fired appliance shall be by means of a vestibule providing a two-doorway separation, except that a single door is permitted where the sources of ignition in the appliance are elevated in accordance with section 305.3. 74 —475-- "Exception: This section shall not apply to appliance installations complying with section 305.4. "f91 Section 403.10.1 of the International Fuel Gas Code is amended by adding a new subsection 403.10.1.1 to read as follows: "403.10.1.1 Prohibited fittings. All threaded bushings shall be prohibited. "(10) Section 404.10 of the International Fuel Gas Code is revised to read as follows: "404.10 Minimum burial depth. AU underground piping systems shall be installed at a minimum depth of 18 inches (257 mm) below grade. If a minimum of 18 inches (257 mm). of cover cannot be maintained, the pipe must be installed in conduit or bridged (shielded). "(11) Section 406.4 of the International Fuel Gas Code is revised to read as follows: "406.4 Test pressure measurement. Test pressure shall be measured with a manometer or with a pressure measuring device designed and calibrated to read record, or indicate a pressure Toss due to leakage during the pressure test period. The source of pressure shall be isolated before the pressure tests are made. "Exception: A spring type mechanical gauge may not be used. "Secs. 14 -262 —14 -270. Reserved. "DIVISION 6. MECHANICAL CODE "Sec. 14 -271. Mechanical Code. With the following additions, deletions, and revisions, the International Mechanical Code, 2009 Edition, as published by the International Code Council, a copy of which, authenticated by the signatures of the manor and city secretary, made public record by this Section, and on file in the city secretary's office is incorporated by reference and adopted as the Mechanical Code for the City of Corpus Christi: Section 101.1 of the International Mechanical Code is revised to read as follows: "101.1 Title. These regulations shall be known as the Mechanical Code of the City of Corpus Christi, hereinafter referred to as 'this. code.' Section 106.5.2 of international Mechanical Code is revised to read as follows: "106.5.2 Fee schedule. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the applicable schedule referenced under Article XIII, Development Service Fees, of Chapter 14, Development Services, of the City Code of Ordinances. Section 106.5.3 of the International Mechanical Code is revised to read as follows: "106.5.3 Fee refunds. The code official shall authorize the refunding of fees as follows. 75 -476- "1. The full amount of any fee paid hereunder which was erroneously paid or collected. "2. Not more than 65 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. "The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment. "t(4) Section 107.2 of the International Mechanical Code is revised to read as follows: "107.2 Required inspections and testing. The code official, upon notification from the permit holder or the permit holder's agent, shall make the following inspections and other such inspections as necessary, and shall either release that portion of the construction or shall notify the permit holder or the permit holder's agent of violations that must be corrected. The holder of the permit shall be responsible for the scheduling of such inspections. "1. Underground inspection shall be made after trenches or ditches are excavated and bedded, piping installed, and before backfill is put in place. When excavated soil contains rocks, broken concrete, frozen chunks and other rubble that would damage or break the piping or cause corrosive action, clean backfill shall be on the lob site. "2. Under floor inspection must be called for by the permit holder or the permit holder's authorized agent, and must be made after all components of the mechanical system under the floor are installed and prior to the concealment of the work. An additional pressure test may be required on all pertinent components before the inspection is approved. "3. Rough -in inspection shall be made after the roof, framing, fireblockinq and bracing are in place and all ducting and other components to be concealed are complete, and prior to the installation of wall or ceiling membranes. "4. Final inspection shall be made upon completion of the mechanical system. "Exception: Ground- source heat pump loop systems tested in accordance with Section 1208.1.1 shall be permitted to be backfilied prior to inspection. "The requirements of this section shall not be considered to prohibit the operation of any heating equipment or appliances installed to replace existing heating equipment or serving an occupied portion of a structure provided that a request for inspection of such heating equipment or appliances has been filed with the department not more than 48 hours after such replacement work is completed, and before any portion of such equipment or appliances is concealed by any permanent portion of the structure. Sections 108.1 through 108.4 of International Mechanical Code are deleted. Refer to Section 14 -207 Violations and Penalties. "Lel Section 108.5 of the International Mechanical Code is revised to read as follows: "108.5 Stop work orders. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, the owners agent, or the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not Tess than $2,000 dollars or more than $10,000 dollars. „17.1 Section 109 the International Mechanical Code is deleted. Refer to Section 14.208(c) Technical Construction Boards for details on the establishment, duties and powers, and appeals process of the mechanical /plumbing advisory board. Section 3043.1 of the International Mechanical Code is amended by adding a new subsection 304.3.1.1 to read as follows: "304.3.1.1 Water heaters installed in garages. Water heaters having an ignition source shall be elevated not Tess than 18 inches (457 mm) above the garage floor. "al Table 403.3 of International Mechanical Code is revised to read as follows: 77 —478— "TABLE 403.3 "MINIMUM VENTILATION RATES OCCUPANCY CLASSIFICATION PEOPLEO(JTP00R A30LOWRATEIN HREATHNIOZONE GRIMM AMA 0E0000 AIRFLOWRATEIN EREATHINOZONER& 15FRiF12a DEFAULT0CC0PANT OENSRYR1a00FT2a MINT ARROW RATEEFSUFT21 Csrrectionalfoetid Cells without plating Wires wghpgmltg bores 2 Dining halls (Bee rood end boVnge service) Ouardslaliosi Day moin BooldnglaIing 6 6 — 5 6 7,5 0.12 0.12 — OR 0,00 008 25 25 — 16 30 50 5 — — — — Iry oleeoers,launddee Caln•opRaleddrydeems. Colatoparaledraundds° Cammerdel dry cleaner Commmddlaundry Slime, pickup 18 75 30 25 7,5 — 0.06 - — 0.12 20 20 00 10 30 — — — — — Oducallon AUdfodume . Corridor's (sae pubic spaces) 516d16 carver Spalslodrerrooms ° iVlu°IrAhsai°rWence Smaldsglongue Day oem(drrocah ego 4) Cla°°rooma (epee 6-6) Classrooms (age Oplue) Leduredassroom Leda MOW sego Alcassroom° Science sboretorlm ° Woodfinetelrope' Compulsrla6 Multiuse amem6ly LarAerldreeae�graoms° 6 — 10 — 10 80 10 10 10 75 7.5 10 10 10 10 75 — 0.03 a i2 — 018 0,1z 0,12 0,98 0,B 0.18 0.18 012 006 — 150 — 25 — 35 70 26 26 35 68 153 20 26 20 26 102 -- — - 05 — — — — — — — 9,7 1.0 95 — — 525 Food and Image service Beni, co°kil loanges Cafelada,faatfood 01n1ng rooms Kllcisna(aooklag)° 7.5 75 7.5 — 0.18 0.18 0.18 -. 100 100 70 — — — — 27 Hoapltels, naming end aonvaluasnlhomes Autspsyroomeu Medlcal procedure rooms Operating roams Pellet room PhyskalGimpy flaoavery and ICU - 16 30 25 15 15 - — — — — — - 20 20 10 20 20 05 — — — 78 -479- Hotels, mdeli, resorts and domdlorios Multipurpose moody BaOvaoms8olM1— pdeals° Bedroondilv8q room Confarenoelmee8ng Dormitory sleeping waas Gambill winos . Lobblaafp<edunclkrr 5 — 5 5 5 7.5 7.5 0.06 — 0,98 0,06 0.08 0,15 0,05 120 — 30 50 20 120 30 — 251501 — — — — — 015cea Conform rooms 5 0.08 50 — IN6ce spare' 6 406 5 — RecopOanareas 5 0.06 30 . — Toiophonaldala entry 5 0.06 60 — Min arty bibles 6 008 10 — Pdvate drva6Ings,a ngla and mul6pfa 075 Garages, common for multiple — — 106dm per car oh 216100' Garegeabaeparaleiorooch doling — —' 10lcfiena° ` BaBad upon lumber Llulog COMB 0,35 ACMbutnal less 113E1 15 *Orson "— of bedrooms. Rd bedroom, 2; each add8lsnd bedroom, 1 _ Tollat rooms and bathrooms ° — — — 20601 Public spaces Corridors Elevator nu — — 0,08 — — — 1.5 Showroom (per Mower has — — — 600AI Snobby loanges ° 80 — 70 �! Tuleiroams- publk° 5 0.03 120 Places of religious worship 5 . 0.08 70 - Caldrooms 5 0,06 50 — Wallah cimmbem librades 5 7.5 0.12 , 0.12 10 40 — — Mu mma(ch8dmds) Mumumulpagedea 7.6 0,06 40 .- Rafag stoma, s alas floors and 'howmomfoors Sale°jexoupia°helow) Grossing moms 7.5 — 0.12 -- 15 -- 025 MaII common areas 7.5 0.06 40 — Bldpptng sod recbdng — 0.12 — —� Smoking lounges' 56 — 79 _ Storage moms — 0.12 — — Warehousa°(aoaelorage) — — — — Specially shops Marletvemator4ud diagonally stations l' — — •- 1.6 Baser 7.5 0.08 25 0,5 Beauty arid nall salons I'M 20 0.12 25 0A BebeImbs roam ` s Pet shape (all nei anus) Superable Spark and awned Dlacddeeoehors Bowing alleya (wag erase) Game ersado Ice arenas &at samhus0on engines Gym, stadium, area (play area) Spectator areas Wale; gals (pool end dsdretee) Health duhreabh room Heath rlabhaelghlteom 7.5 7.5 20 10 7,5 7,5 20 20 0,10 409 0,06 0,12 0,16 0,30 0,60 0,00 0.48 0.06 0,09 10 100 40 20 190 40 ID z0 94 0.5 Stage Repair garages enclesed Palk819981804414 Warehaeaes 0.06 0.75 'Dreatere Aud0orkrns (n anion) Cabbies , Sieges, studies Tirkel bob 5 10 5 0,09 0.66 0�8 190 70 90 Transportitian PIafonts Taw midge wolfing 7.5 7.5 0.06 0,09 100 100 Warkroame Bonkebdtetseb deposit Copy, pdn0ng aoms Met proceesukd` 'Pharmacy (prep. area) Photo dabs Copier libel pridng) 6 6 15 5 5 5 0,56 0.06 0,16 0,12 0,96 5 4 10 10 10 4 "For SI: 1 cubic foot per minute = 0.0004719 m3 /s; 1 ton = 908 kg; 1 cubic foot per minute per square foot = 0.00508 m3 /(s ❑m2); C = f(F) - 321/1.8: 1 square foot = 0.0929 m2. °a. Based upon net occupiable floor area. "b. Mechanical exhaust required and the recirculation of air from such spaces is prohibited (see Section 403.2.1, item 3). "c. Spaces unheated or maintained below 50 °F are not covered by these requirements unless the occupancy is continuous. "d. Ventilation systems in enclosed parking garages shall comply with Section 404. "e. Rates are per water closet or urinal. The higher rate shall be provided where periods of heavy use are expected to occur, such as toilets in theaters, schools, and sports facilities. The lower rate shall be permitted where periods of heavy use are not expected. "f. Rates are per room, unless otherwise indicated. The higher rate shall be provided where the exhaust system is designed to operate intermittently. The lower rate shall be permitted where the exhaust system is designed to operate continuously during normal hours of use. Mechanical exhaust is required and recirculation is prohibited, except that recirculation shall be permitted where the resulting supply airstream consists of not more than 10 percent air recirculated from these spaces (see Section 403.2.1, Items 2 and 4). "h. For nail salons, the required exhaust shall include ventilation tables or other systems that capture the contaminants and odors at their source and are capable of exhausting a minimum of 50 cfm per station. "(10) Section 506.1 of the international Mechanical Code is revised to read as follows: "506.1 General. Commercial kitchen hood ventilation ducts and exhaust equipment shall comply with the requirements of this section and NFPA 96. Commercial kitchen grease ducts shall be designed for the type of cooking appliance and hood served. "Secs. 14 -272 —14 -280. Reserved. "DIVISION 7. PLUMBING CODE "Sec. 14 -281. Plumbing Code. With the following additions, deletions, and revisions, the International Plumbing Code, 2009 Edition (including Appendix C, Gray Water Recycling Systems; Appendix E, Sizing of Water Piping: Appendix F, Structural Safety; and Appendix G Vacuum Drainage System (see International Plumbing Code Section 101.2 2009 Edition)), as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this Section, and on file in the city secretary's office, is incorporated by reference and adopted as the Plumbing Code for the City of Corpus Christi: Section 101.1 of the International Plumbing Code is revised to read as follows: "101.1 Title. These regulations shall be known as the Plumbing Code of the City of Corpus Christi, hereinafter referred to as 'this code. "" Section 106.6.2 of the International Plumbing Code is revised to read as follows: 81 -482- "106.6.2 Fee schedule. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the applicable schedule referenced under Article XIII, Development Service Fees, of Chapter 14. Development Services, of the City Code of Ordinances. Section 106.6.3 of the International Plumbing Code is revised to read as follows: "106.6.3 Fee refunds. The code official shall authorize the refunding of fees as follows. "1. The full amount of any fee paid hereunder which was erroneously paid or collected. "2. Not more than 65 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment. Section 107.2 of the International Plumbing Code is revised to read as follows: "107.2 Required inspections and testing. The code official, upon notification from the permit holder or the permit holder's agent, shall make the following inspections and such other inspections as necessary, and shall either release that portion of the construction or shall notify the permit holder or an agent of any violations that must be corrected. The holder of the permit shall be responsible for the scheduling of such inspections. "1. Underground inspection shall be made after trenches or ditches are excavated and bedded, piping installed, and before any backfill is put in place. "2. Under floor /pre -pour under slab (rough) inspection must be called for by the permit holder or the permit holder's agent, and must be made after all the piping under the floor is installed and prior to the concealment of the work. An additional pressure test may be required on all piping before the inspection is approved. "3. Rough -in inspection shall be made after the roof, framing, fireblockinq, firestoppinq, draftstopping, and bracing is in place and all sanitary, storm, and water distribution piping is roughed -in, and prior to the installation of wall or ceiling membranes. "4. Final inspection shall be made after the building is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. Section 108.4 of the international Plumbing Code is revised to read as follows: "108.4 Violation penalties. Any person who violates a provision of this code, fails to comply with any of the requirements thereof, or erects, installs, alters, or repairs work in violation of the approved construction documents, directive of the code official, . or a permit or certificate issued under the provisions of this code, shall be guilty of a Class C 82 _483_ Misdemeanor, punishable by a fine of not more than $2,000 dollars. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 108.5 of the International Plumbing Code is revised to read as follows: "108.5 Stop work orders. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, the owner's agent, or the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists the code official shall not be required to give written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not less than $2,000 dollars or more than $10,000 dollars. Section 109 of the International Plumbing Code is deleted. Refer to Section 14.206(c) Technical Construction Boards for details on the establishment,_duties and powers, and appealsprocess of the mechanical /plumbing advisory board. Section 202 of the International Plumbing Code is amended by adding the following definition to read as follows: "BACKFLOW PREVENTION ASSEMBLY TESTER. A Backflow Prevention Assembly Tester is an individual licensed by the Texas Commission on Environmental Quality under Sections 30.51 through 30.62 of Title 30 of the Texas Administrative Code. 191 Section 301.3 of the International Plumbing Code is amended by adding a new subsection 301.3.1 to read as follows: "301.3.1 Design. The plans and installation of a gray water disposal system providing for the storage of gray water must be designed and certified by a registered professional engineer or registered professional sanitarian. "Exception: Bathtubs, showers, lavatories, clothes washers, laundry trays, and condensate water from cooling coils shall not be required to discharge to the sanitary drainage system where such fixtures discharge to an approved gray water system for flushing of water closets and urinals or for subsurface landscape irrigation in accordance with Appendix C. " Section 305.6.1 of the International Plumbing Code is revised to read as follows: "305.6.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be a minimum of 18 inches below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 12 inches below grade. The minimum depth of building sewers and building sewers connected to private sewage disposal systems shall be determined by the code official. "(11) Section 606.2 of the International Plumbing Code is revised to read as follows: 83 —484— "Section 606.2 Location of shutoff valves. Shutoff valves shall be installed in the following locations: "1. On the fixture supply to each plumbing fixture, other than bathtubs and showers in one- and two - family residential occupancies and other than in individual sleeping units that are provided with unit shutoff valves in hotels, motels, boarding houses, and similar occupancies. "2. On the water supply pipe to each sill -cock, hose bib, or wall hydrant. "3. On the water supply pipe to each appliance or mechanical equipment. "U2) Section 608.1 of the international Plumbing Code is amended by adding new subsections 608.1.1 and 608.1.2 to read as follows: "Section 608.1.9 Testing and certification of backflow devices. The owner of any reduced pressure principle backflow preventer, pressure -type vacuum breaker, and double check -valve assembly backflow preventer must have the backflow device tested and certificated by a state - licensed Backflow Prevention Assembly Tester before a backflow preventer is placed in service and on annually thereafter. The Backflow Prevention Assembly Tester must file an original copy of the initial test certification and each annual certification with the building official within 10 days of the testing. "608.1.2 Failure to report test result. Upon the failure to report the result of the required test of the backflow prevention device, the City Manager, or designee, may authorize the stoppage of the supply of water to the service address. The water may not be restored, except upon provision of the report of the required test. "al Section 608.14 of the International Plumbing Code is revised to read as follows: "608.14 Location of backflow preventers. Access shall be provided to backflow preventers as specified by the installation instructions of the approved manufacturer. If needed, additional access and clearance must be provided to allow for the required testing, maintenance, and repair. Access and clearance must require a minimum of one (1) foot (305 mm) between the lowest portion of the assembly and grade, floor, or platform. Installations elevated more than five (5) feet (1.53m) above the floor or grade, measured from the center line of the valve, must be provided with a permanent platform capable of supporting 500 pounds and provide mechanical support. "Lill Section 608.16.4 of the international Plumbing Code is revised to read as follows: "608.16.4 Connections to automatic fire sprinkler systems and standpipe systems. The potable water supply to automatic fire sprinkler and standpipe systems shall be protected against backflow by a double check detector assembly or a reduced pressure principle detector backflow preventer. "LQ Section 608.16.5 of the International Plumbing Code is revised to read as follows: "608.16.5 Connections to lawn irrigation systems. The potable water supply to lawn irrigation systems shall be protected against backflow by a pressure -type vacuum breaker or a reduced pressure principle backflow preventer. A double check valve shall 84 —485— not be used. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventer. "(16) Chapter 6 of the International Plumbing Code is amended by adding a new section 614 to read as follows: "SECTION 614 "LAWN IRRIGATION SYSTEMS "614.1 Landscape Irrigation Systems. Landscape Irrigation Systems are required to comply with chapter 344 of part 1 of title 30 of the Texas Administrative Code. "m Tables 702.1, 702.2, and 702.3 of the International Plumbing Code are revised to read as follows: "TABLE 702.1 "ABOVE GROUND DRAINAGE AND VENT PIPE MATERIAL STANDARD Acrylonitrile butadiene styrene ASTM D 2661; ASTM F 628; (ABS) plastic pipe in IPS ASTM F 1488; CSA B181.1 diameters, including Schedule 40, DR 22 (PS 200) and DR 24 (PS 140); with a solid, cellular core or composite wall Brass pipe ASTM B 43 Cast -iron pipe ASTM A 74; ASTM A 888; CISPI 301 Copper or copper -alloy pipe ASTM B 42; ASTM B 302 Copper or copper -alloy tubing ASTM B 75; ASTM B 88; T . e K L M or D ASTM B 251- ASTM B 306 Galvanized steel pipe ASTM A 53 Glass pipe ASTM C 1053 Polyolefin pipe ASTM F 1412; CAN/CSA B181.3 Polyvinyl chloride (PVC)plastic ASTM D 2665 pipe in IPS diameters, including schedule 40 Polyvinyl chloride (PVC) plastic ASTM D 2665 pipe in IPS diameters, including schedule 40 Polyvinylidene fluoride (PVDF) ASTM F 1673; CAN /CSA plastic pipe B181.3 Stainless steel drainage systems, ASME A112.3.1 Types 304 and 316L 85 —486— "TABLE 702.2 "UNDERGROUND BUILDING DRAINAGE AND VENT PIPE MATERIAL STANDARD, Acrylonitrile butadiene styrene ASTM D 2661; ASTM F 628; (ABS) plastic pipe in IPS ASTM F 1488; CSA B181.1 diameters, including Schedule 40, DR 22 (PS 200) and DR 24 (PS 140); with a solid, cellular core or composite wall Asbestos cement -pipe ASTM C 428 Cast -iron pipe ASTM A 74; ASTM A 888; drain diameters, including SDR 42 CISPI 301 Copper or copper -alloy tubing ASTM B 75; ASTM B 88; (Type K, L, M or DWV) ASTM B 251; ASTM B 306 Polyolefin pipe ASTM F 1412; ASTM A 74; ASTM A 888; CAN/CSA B181.3 Polyvinyl chloride (PVC) plastic ASTM D 2665 pipe in IPS diameters, including schedule 40 Polyvinylidene fluoride (PVDF) ASTM F 1673; CAN /CSA plastic pike B181.3 Stainless steel drainage systems, ASME A112.3.1 316L "TABLE 702.3 "BUILDING SEWER PIPE MATERIAL STANDARD Acrylonitrile butadiene styrene ASTM D 2661; ASTM F 628; (ABS) plastic pipe in IPS ASTM F 1488; CSA B181.1 diameters, including Schedule 40, DR 22 (PS 200) and DR 24 (PS 140); with a solid, cellular core or composite wall Acrylonitrile butadiene styrene ASTM F 1488; ASTM D 2751 (ABS) plastic pipe in sewer and drain diameters, including SDR 42 (PS 20), PS 35, SDR 35 (PS 45), PS 50, PS 100, PS 140, SDR 23.5 IPS 150) and PS 200; with a solid, cellular core or composite wall Asbestos cement -pipe ASTM C 428 Cast -iron pipe ASTM A 74; ASTM A 888; CISPI 301 Concrete pipe ASTM C14; ASTM C76; 86 -487- "(18) Table 704.1 of the International Plumbing Code is revised to read as follows: "TABLE 704.1 "SLOPE OF HORIZONTAL DRAINAGE PIPE "For SI: 1 inch = 25.4 mm, 1 inch per foot = 83.3 mm /m. 'Unless otherwise designed by a registered professional engineer." "(19) Section 708.3.1 of the International Plumbing Code is revised to read as follows: "708.3.1 Horizontal drains within buildings. All horizontal drains shall be provided with cleanouts located not more than 80 feet (24,384 mm) apart. "(20) Section 708.3.2 of the International Plumbing Code is revised to read as follows: "708.3.2 Building sewers. Building sewers shall be provided with cleanouts located not more than 80 feet (24,384 mm) apart measured from the upstream entrance of the cleanout. For building sewers 8 inches (203 mm) and larger, manholes shall be provided and located not more than 200 feet (60960 mm) from the function of the building drain and building sewer, at each change in direction, and at intervals of not 87 -488- CAN/CSA A257.1 M; CAN/CSA A257.2M Copper or copper -alloy tubing ASTM B 75; ASTM B 88; (Type K and L) ASTM B 251 Polyethylene (PE) plastic pipe ASTM F 714 (SDR -PR) Polyvinyl chloride (PVC) plastic ASTM D 2665 pipe in IPS diameters, including schedule 40 Polyvinyl chloride (PVC) plastic ASTM 0 3034; CSA BI82.2; pipe in sewer and drain diameters, CSA 8182.4 including SDR 35 (PS 46) and SDR 26 (PS1151 Polyvinylidene fluoride ASTM F 1673; CAN/CSA (PVDF) plastic pipe B181.3 Stainless steel drainage ASME A112.3.1 systems, Types 304 and 316L Vitrified clay pipe ASTM C 4; ASTM C 700 "(18) Table 704.1 of the International Plumbing Code is revised to read as follows: "TABLE 704.1 "SLOPE OF HORIZONTAL DRAINAGE PIPE "For SI: 1 inch = 25.4 mm, 1 inch per foot = 83.3 mm /m. 'Unless otherwise designed by a registered professional engineer." "(19) Section 708.3.1 of the International Plumbing Code is revised to read as follows: "708.3.1 Horizontal drains within buildings. All horizontal drains shall be provided with cleanouts located not more than 80 feet (24,384 mm) apart. "(20) Section 708.3.2 of the International Plumbing Code is revised to read as follows: "708.3.2 Building sewers. Building sewers shall be provided with cleanouts located not more than 80 feet (24,384 mm) apart measured from the upstream entrance of the cleanout. For building sewers 8 inches (203 mm) and larger, manholes shall be provided and located not more than 200 feet (60960 mm) from the function of the building drain and building sewer, at each change in direction, and at intervals of not 87 -488- more than 400 feet (122 m) apart. Manholes and manhole covers shall be of an approved type. "(21) Section 708.3.5 of the International Plumbing Code is revised to read as follows: "708.3.5 Building drain and building sewer junction. There shall be a two -way double riser cleanout near the function of the building drain and the building sewer. The cleanout shall be either inside or outside the building wall and shall be brought up to the finished ground level or to the basement floor level. The two -way double riser cleanout at this location serves as the required cleanout for both the building drain and building sewer. The minimum size of the cleanout at the function of the building drain and building sewer shall comply with section 708.7. '708.3.5.1 Wye cleanout to public sewer. A wve -type cleanout, not Tess than four inches (4) in diameter, must be extended to grade and located at the junction of the building sewer and public sewer at the property line. "22.1 Section 708.7 of the International Plumbing Code is revised to read as follows: "708.7 Minimum size. Cleanouts shall be the same nominal size as the pipe they serve up to 4 inches (102 mm). For pipes larger than 4 inches (102 mm) nominal size, the minimum size of the cleanout shall be 4 inches (102 mm). "Exceptions: "1. `P' trap connections with slip joints, ground joint connections, or stack cleanouts that are not more than one pipe diameter smaller than the drain served shall be permitted. "2. Cast-iron cleanout sizing shall be in accordance with referenced standards in Table 702.4, ASTM A 74 for hub and spigot fittings or ASTM A 888 or CISPI 301 for hubless fittings. "3. A two inch clean out may be used in an island vent configuration with a three inch horizontal branch drain where a vertical vent is not installed pursuant to section P3112.4. "(23) Section 710 of the International Plumbing Code is amended by adding a new subsection 710.3 to read as follows: "710.3 Drain pipe sizing. Drain pipes shall be sized according to drainage fixture unit (d.f.u.) loads in Tables 709.1 or 709.2. The size of the drainage pipe shall be determined using the minimum pipe size available in Table 71 0.1(1). "241 Section 802.1.4 of the International Plumbing Code is revised to read as follows: "802.1.4 Swimming pools. Wastewater from swimming pools, backwash from filters, and water from pool deck drains must discharge to the building drainage system. The discharge shall be through an indirect waste pipe by means of an air garf "{ Section 802.1.8 of the International Plumbing Code is revised to read as follows: 88 —489— "802.1.8 Food utensils, dishes, pots and pans sinks. Sinks used for the washing rinsing, or sanitizing of utensils, dishes, pots, pans, or serviceware used in the preparation, serving, or eating of food shall discharge indirectly through an air gap. "(26) Section 802.2 of the International Plumbing Code is revised to read as follows: "802.2 Installation. All indirect waste piping shall discharge through an air pap or air break into a waste receptor or standpipe. Waste receptors and standpipes shall be trapped and vented and shall connect to the building drainage system. "(27) Chapter 8 the International Plumbing Code is amended by adding a new section 805 to read as follows: "SECTION 805 "ELEVATOR SUMP DISCHARGE "805.1 General. Discharge of elevator sump sumps shall be to an approved location. "(28) Section 904.1 of the International Plumbing Code is revised to read as follows: "Section 904.1 Roof extension. All open vent pipes that extend through a roof shall terminate at least 6 inches (mm) above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet (2134 mm) above the roof. "(291 Section 913.2 of the International Plumbing Code is amended by adding a new subsection 913.2.1 to read as follows: "913.2.1 Vertical vents. A vertical vent must be installed on the drain line downstream of the island vent configuration, unless the building drain branch line is at least 3 inches (76mm). "(30) Section 916.1 of the International Plumbing Code is amended by adding a new subsection 916.1.1 to read as follows: "916.1.1 Minimum size of vent stack with water closet. Every sanitary drainage system receiving the discharge of a water closet must have a minimum three (3) inch diameter main vent that is either a vent stack or a stack vent. Such vent must run undiminished in size and as directly as possible from the building drain through to the open air above the roof. "(31) Section 917.1 of the Intemational Plumbing Code is amended by adding a new subsection 917.1.1 to read as follows: "917.1.1 Installation of air admittance valves (mechanical vents) restricted. It shall be unlawful to use air admittance valves, except when conditions prevent the installation of a conventional or island fixture vent system, as determined by an administrative authority or code official. "(321 Section 1003.2 of the International Plumbing Code is amended by adding new subsections 1003.2.1 through 1003.2.3 and related figures: "1003.2.1 Minimum requirements for custom grease interceptor per Figure 1003.2.1. 0 w w r z w w ft c5 0 1 m D U 0 a z w w 5 a w 2 z 90 —491— "7003.2.2 Minimum requirements for oil and sand interceptors remote from service bay areas per Figure 1003.2.2. "1003.2.3 Minimum requirements for oil and sand interceptors located in service bay areas per Figure 1003.2.3. gi "(33) Section 1003.3 of the International Plumbing Code is revised to read as follows: 1003.3 Grease interceptors. Grease interceptors shall comply with the requirements of sections 1003.3.1 through 1003.3.7.1. "134) Section 1003.3.1 of the International Plumbing Code is revised to read as follows: "1003.3.1 Grease interceptors and automatic grease removal devices required. A grease interceptor or automatic grease removal device shall be required to receive the drainage from fixtures and equipment with grease -laden waste located in food preparation areas, such as in restaurants, hotel kitchens, hospitals, school kitchens bars, factory cafeterias, clubs, churches, or other commercial food preparation or cooking areas where, in the opinion of the building official, grease could be introduced into the drainage system in quantities that can affect line stoppage or hinder sewage disposal. Fixtures and equipment shall include pot sinks, pre -rinse sinks, soup kettles or similar devices, work stations, floor drains or sinks into which kettles are drained automatic hood wash units, and dishwashers without pre -rinse sinks. All floor drains located in the food preparation or cooking areas must be connected to the grease interceptor. Mop and service sinks used for the disposal of wastewater from mopping of floor surfaces in food preparation and cooking areas must be connected to the grease interceptor. Grease interceptors and automatic grease removal devices shall receive waste only from fixtures and equipment that could allow fats, oils, or grease to be discharged. "(35) Section 1003.3.2 of the International Plumbing Code is revised to read as follows: "1003.3.2 Food waste grinders. In addition to the requirements in section 1003.3.1, where food waste grinders connect to grease interceptors, a solids interceptor shall separate the discharge before connecting to the grease interceptor. Solids interceptors and grease interceptors shall be sized and rated for the discharge of the food waste grinder. Emulsifiers, chemicals, enzymes and bacteria shall not discharge into the food waste grinder. "(36) Section 1003.3 of the International Plumbing Code is amended by adding new subsections 1003.3.6 and 1003.3.7 to read as follows: "1003.3.6 Design criteria and sizing method for custom fabricated grease interceptors. "1003.3.6.1 Flow rate. Grease interceptors will be sized according to the fixture unit flow rate of each fixture discharging into the interceptor. Fixture unit flow rate must be 7.5 per fixture unit. For grease producing fixtures, use Table 709.1 and 709.2 to select appropriate fixture unit value. "1003.3.6.2 Total fixture unit count. When total fixture count has been determined, multiply value by 7.5 per fixture unit to obtain total flow rate. Floor drains installed only for the purpose of cleanup and not used for direct discharge of any grease producing fixture may not be included in the sizing calculations. Hand sinks installed in food preparation and cooking areas only for the purpose of employee hygiene may not be included in the sizing calculations, but must be connected to the grease interceptor. 94 —495— "1003.3.6.3 Water seal. Each grease interceptor must have an approved water seal of not less than two inches in depth or the diameter of its outlet, whichever is greater. "1003.3.6.4 Sampling port. A four inch sampling port must be installed downstream of the confluence of the grease interceptor discharge and the building sewer system. The sampling port must be installed perpendicular to the effluent lateral to allow visual observation and sampling. The design location must ensure accessibility of the sampling port for monitoring activities. "1003.3.6.5 Manhole covers. Manhole covers must be 24 inches in diameter, gas - tight, and capable of supporting any vehicular traffic. The manhole covers must have pre -cast concrete rings to extend to grade, as necessary. "1003.3.6.6 Retention time of custom fabricated interceptors. After calculating the required flow rate, the grease interceptor is to be designed with a primary compartment having a seven (7) minute retention time and a secondary compartment having a five (5) minute retention time. Refer to Figure 1003.2.1 for details of construction and inlet and outlet piping arrangements. "1003.3.6.7 Concrete interceptors. Concrete must be a minimum of 3000 PSI concrete. "1003.3.7 Prohibited interceptors. "1003.3.7.1 Carbon steel. Carbon steel grease interceptors are prohibited in underground applications. "OZI Section 1003.4 of the International Plumbing Code is revised to read as follows: "1003.4 Oil separators required. At repair q_arages, detail shops, car washing facilitiess factories where oily and flammable liquid wastes are produced, and in hydraulic elevator pits, separators shall be installed into which all oil- bearing, grease- bearing, or flammable wastes shall be discharged before emptying into the building drainage system or other point of disposal. "Exception: An oil separator is not required in hydraulic elevator pits where an approved alarm system is installed. "(38) Section 1003.4.2.2 of the international Plumbing Code is revised to read as follows: "1003.4.2.2 Garages and service stations. Where vehicles are serviced, greased, repaired, or washed, oil separators shall have a minimum capacity of 6 cubic feet (0.168 m3) for the first 100 square feet (9.3 m2) of area to be drained plus 1 cubic foot (0.28 m3) for each additional 100 square _feet. (9.3 m2) of area to be drained into the separator. Parking garages in which servicing, repairing, or washing is not conducted shall not require a separator. Areas of commercial garages utilized only for storage of vehicles are not required to be drained through a separator. "(39) Section 1003.5 of the International Plumbing Code is amended by adding new subsections 1003.5.1 and 1003.5.2 to read as follows: 95 -496- "1003.5.1 Design criteria and sizing method. The sizing method for custom fabricated oil and sand interceptors assigns a flow rate of 20 GPM (gallons per minute) for the first bay and an additional 10 GPM for each additional bay. The tank should be designed to have a twelve (12) minute retention time with two compartments. The primary compartment must be 2/3 of the total volume and the secondary compartment must be 1/3 of the total volume. See Figures 1003.5.3 and 1003.5.4 for details of construction and piping arrangements. "1003.5.2 Materials. Concrete used for interceptor construction must be at least 3000 PSI. "(40) APPENDIX H is added to read as follows: "APPENDIX H "TRAVEL TRAILER, TRAVEL TRAILER- PARKS, AND RECREATIONAL VEHICLE PARKS "H101 GENERAL "H101.1 General. The requirements set forth in this Appendix shall apply specificaliv to all new travel trailer or recreational vehicle parks and to additions to existing parks, as herein defined and are to provide minimum standards for sanitation and plumbing installation within these parks for the accommodations, use, and parking of travel trailers or recreational vehicles. Plumbing installations in travel trailers or recreational vehicles shall be installed under part! of ANSI A119.2. "H102 DEFINITIONS "H101.2 Definitions. Definitions contained in chapter 2 of the 2009 International Plumbing Code shall also apply to this Appendix, except where the following special definitions shall apply: "Air lock. A condition where air is trapped in a drain or drain hose and retards or stops the flow of liquid waste or sewage. "Center. The center of a manufactured home or travel trailer or recreational vehicle is the longitudinal center line located midway between the right and left side. "Combination compartment. A shower stall with or without a door which provides for or includes a water closet. It is sized for occupancy of only one person. "Department having jurisdiction. The administrative authority or other law enforcement agency having jurisdiction over this regulation. "Dependent travel trailer. A trailer coach not eg_uipped with a water closet. "Drain hose. The approved -type hose being flexible and easily detachable and used for connecting the drain outlet to a sewer inlet connection. "Drain outlet. The lowest end of the main drain to which the terminal end of the drain hose is connected. "Independent mobile home or travel trailer. One equipped with a water closet and a bath or shower. "Inlet coupling. The terminal end of the water system to which the water service connection is made. 11 may be a swivel fitting or threaded pipe end. "Intermediate waste holding tank (travel trailers and recreational vehicles only). An enclosed tank for the temporary retention of water -borne waste. "Length. The distance measured from the tip of the hitch to the part farthest to the rear of a manufactured home or travel trailer. Manufactured home or travel trailer park or recreational vehicle park. A site, lot, tract or parcel of land upon which one or more mobile home, travel trailers, or recreational vehicles are parked for temporary or permanent use as living quarters of one or more families. "Park sanitary drainage system. The entire system of drainage piping used to convey sewage or other wastes from a manufactured home, travel trailer, or recreational vehicle drain outlet connection, at its connection to the manufactured home, travel trailer site or recreational vehicle site, to a city's sanitary sewer or private sewage disposal system. "Park water supply system. All water supply piping within the park extending from the main public supply or other source of supply to, but not including, the manufactured home, travel trailer, or recreational vehicle park service system and including branch service lines, fixture devices, service buildings, and appurtenances thereto. "Recreational Vehicle jRV). A vehicle, such as a camper or motor home used for traveling and recreational activities. "Service building. A building housing toilet and bathing facilities for men and women and including laundry facilities. "Sewer lateral. The portion of the park sanitary drainage system extending to a manufactured home, travel trailer, or recreational vehicle site. "Travel trailer. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently identified as a travel trailer by the manufacturer on the trailer and, when factory- equipped for the road, having a body width not exceeding 8 feet, being of any length provided its gross weight does not exceed 4500 Ib, or being of any weight, provided its overall length does not exceed 29 feet. "Travel trailer or recreational vehicle sanitary service station. One used for emptying waste - holding tanks. "H103 GENERAL REGULATIONS "H103.1 Governing provisions. The general provisions of the 2009 International Plumbing Code shall govern the installation of plumbing systems in travel trailer or recreational vehicle parks, except where special conditions or construction are specifically defined in this Appendix. "H1031 Travel trailer and recreational vehicle sites. "H103.2.1 Travel trailers or recreational vehicles shall not hereafter be parked in any travel trailer or recreational vehicle park, unless plumbing and sanitation facilities are provided, installed, and maintained in conformity with these regulations. Every travel trailer or recreational vehicle connection shall provide a gas and water -tight connection for sewage disposal which shall be connected to an underground sewage collection system discharging into a public or private disposal system. "H103.2.2 No dependent travel trailer or recreational vehicle shall be parked at any time in a space designed and designated for an independent travel trailer or recreational vehicle, unless public toilet and bath facilities are available within 200 feet of the dependent travel trailer or recreational vehicle. "H104 PLANS AND SPECIFICATIONS "H104.1 General. The owner or operator of every travel trailer or recreational vehicle park, before providing areas of space for the use and accommodation of independent travel trailers or recreational vehicles, shall make application for a permit and file two sets of plans and specifications with the building official. The plans and specifications shall be in detail as follows: "1. A scaled plot -plan of the park, indicating the spaces, area, or portion of the park for the parking of independent travel trailers or recreational vehicles. "2. Size, location, and specification of the park sanitary drainage system. "3. Size, location, and specification of water supply lines. "4. Size, location, and layout of service building. "5. Size, location, specification, and layout of fire protection system. "6. A scaled layout of typical trailer or recreational vehicle sites. "Applications shall bear the approval of local enforcement agencies as to compliance with city or county plumbing, zoning, and health ordinances. Plumbing required as described by this Appendix shall comply with all city or county plumbing and health ordinances and regulations. The issuance of a permit shall not constitute approval of any violation of this Appendix or of any city or county ordinance, code, or regulation. An approved set of plans and a copy of thepermit shall be kept on the park premises until final inspection has been made. "H105 SERVICE BUILDINGS "H105.1 Minimum facilities. "H105.1.1 Each travel trailer park or recreational vehicle shall have at least one service building to provide necessary sanitation and laundry facilities. Those parks serving independent travel trailers or recreational vehicles need only provide minimum facilities. However, a service building with adequate laundry facilities and a storage locker room is more desirable. "H105.1.2 The service building shall be of permanent construction with an interior finish of moisture - resistant material which will stand frequent washing and cleaning, well lighted, and ventilated at all times. "H105.2 Independent trailers. Service buildings of independent travel trailer or recreational vehicle parks only shall have a minimum of one laundry tray, one water closet, one lavatory, and one shower or bathtub for women and one water closet one lavatory, and one shower or bathtub for men. "H105.3 Dependent trailers. Service buildings in parks that also accommodate dependent travel trailers or recreational vehicles shall have a minimum of one laundry tray, two water closets, one lavatory, and one shower or bathtub for women one water closet, one urinal, and one shower or bathtub for men, and one slop -water closet for emptying containers of human waste. The above facilities are for a maximum of ten dependent travel trailers or recreational vehicles. For every ten additional dependent travel trailers or recreational vehicles, the following additional fixtures shall be provided: One laundry and one shower or bathtub for each sex, one water closet for every 10 additional dependent travel trailers or recreational vehicles for women, and one water closet for every 15 additional dependent travel trailers or recreational vehicles for men. "H105.4 Water supply for fixtures. "11105.4.1 Hot and cold water be shall be provided for all fixtures except water closets. The slop -water closet shall be provided with hot and cold water faucets over the bowl in addition to the flushing mechanism (preferably a flushometer valve). "H105.4.2 Each water closet, slop -water closet, tub, and shower shall be in separate compartments with self - closing doors on all water closet compartments. The shower stall shall be a minimum of 3 feet x 3 feet in area with a dressing compartment and stool or bench for women. "H105.4,3 The laundry trays and washing machines shall be contained in a room separate from the toilet rooms. "H105.5 Floor drains. A minimum 3 -inch floor drain shall be installed in each toilet room and laundry room. "H106 MATERIALS "H106.1 General. Unless otherwise provided for in this Appendix, all piping fixtures or devices used in the installation of sanitary drainage and water supply systems for travel trailer or recreational vehicle parks, or parts thereof, shall conform to the quality and weights of materials required by the 2009 edition of the International Plumbing Code. "H107 GENERAL REGULATIONS "H107.1 General. Unless otherwise provided for in this Appendix, all plumbing fixtures, piping, drains, appurtenances, and appliances designed and used in a park sanitary drainage and water supply system with service connections shall be installed in conformance with the 2009 edition of the International Plumbing Code. "H108 PARK SANITARY DRAINAGE SYSTEM "H108.1 Separation of sewers and water system. The main sewer and sewer laterals shall be installed in a separate trench not less than 5 feet from the park water service or distribution system. See Chapter 6 of the 2009 edition of the International Plumbing Code. "H108.2 Minimize size pipe. The minimum size of pipe in any travel trailer or recreational vehicle park sanitary drainage system shall be 4 inches. "H108.3 Minimum design standards. Each travel trailer or recreational vehicle shall be considered as six fixture units in determining discharge requirements in the design of park sanitary drainage and sewage disposal systems. "H108.4 Minimum grade. Minimum grade for sewers shall be so designated that the flow will have a mean velocity of 2 feet per second when the pipe is flowing 213 full. "H108.5 Connection to public sewer. The discharge of a park sanitary drainage system shall be connected to a public sewer. Where a public sewer is not available, an individual sewage disposal system shall be installed of a type that is acceptable and approved by the administrative authority or other law enforcement agency having jurisdiction over this regulation. "H108.6 Manholes and cleanouts. Manholes and cleanouts shall be provided as required in chapter 7 of the 2009 edition of the International Plumbing Code. Manholes and cleanouts shall be accessible and brought to grade. "11108.7 Venting. The main sewer shall be provided with a minimum 4 -inch vent not more than 5 feet downstream from its upper trap. Long mains shall be provided with additional relief vents at intervals of not more than 200 feet thereafter, if the manhole covers are not of the perforated type. Relief vents shall be a minimum of 4 inches and shall not be securely supported and extended a minimum of 10 feet above the ground. "H108.8 Branch lines and sewer laterals. Branch lines or sewer laterals to individual travel trailers or recreational vehicles shall not be Tess than 4 -inch diameter. "H108.9 Sewer inlets. Sewer inlets shall be 4 -inch diameter and extend above grade 3 to 6 inches. Each inlet shall be provided with a gas -tight seal when connected to a trailer or recreational vehicle and have a gas -tight seal plug for use when not in service. "H108.10 Travel trailer or recreational vehicle sites. Each trailer or recreational vehicle site shall be provided with a house trap. Sewer laterals over 30 feet from the main park sanitary drainage sewer shall be properly vented and provided with a cleanout brought to grade. "H108,11 Shortest possible drain connection required. To provide the shortest possible drain connection between the travel trailer or recreational vehicle outlet and drain inlet, all drain inlets shall terminate with reference to the site location of the travel trailer or recreational vehicle. "H108.12 Drain connections. Drain connections shall slope continuously downward and form no traps. All pipe joints and connections shall be installed and maintained gas and water tight. "H108.13 Leaks prohibited. No sewage, waste water, or any other effluent shall be allowed to be deposited on the surface of the ground. "H108.14 Static water test. Upon completion and before covering, the park sanitary drainage system shall be subjected to a static water test. The water test shall be applied to the drainage system, either in its entirety or in sections. If applied to the entire system, all openings in the piping shall be tightly closed, except the highest opening, and the system shall be filled with water to point of overflow. If the system is tested in sections, each opening shall be tightly plugged, except the highest opening of the section under test, and each section shall be filled with water, but no section shall be tested with less than 10 foot -head of water. In testing successive sections, at least the upper 10 feet of the next preceding section shall be tested, so that no joint or pipe in the system shall have been submitted to a test of less than a 10 foot -head of water. The water shall be kept in the system, or in the portion under test, for at least 15 minutes before inspection starts; the system shall then be tight at all points, "H109 WATER DISTRIBUTION SYSTEM "H109.1 General. Every travel trailer or recreational' vehicle site shall be provided with an individual branch service line delivering safe, pure, and potable water. The outlet of the branch service line shall terminate on the left side of the travel trailer or recreational vehicle site. "H109.2 Minimum size. Water service lines to each trailer or recreational vehicle site shall be sized to provide a minimum of 8 GPM at the point of connection with the travel trailer or recreational vehicle distribution system. "H109.3 Backflow and service shutoff. "H109.3.1 A back pressure backflow preventer shall be installed on the branch service line to each independent trailer or recreational vehicle at or near the trailer service connection. Backflow preventive devices must be of an approved type, certified by a recognized testing agency as to compliance and performance outlined herein. Valves must be designed and maintained to close drip -tight at a reduced pressure of not less than 1, nor more than 5, psi. Valves must be identified with the manufacturers name and model number. "H109.3.2 A separate service shutoff valve shall be installed in each branch service line on the supply of the backflow protective device. "H109.4 Service connection. The service connection shall not be less than 112 -inch diameter; no rigid pipe may be used. Flexible metal tubing is permitted. Fittings at either end shall be of a quick disconnect type, not requiring any special tools or knowledge to install or remove. "H110 TRAVEL TRAILER AND. RECREATIONAL VEHICLE CONNECTIONS "H110.1 Responsibility. When it is evident that there exists, or may exist, a violation of these rules, the owner, operator, lessee, person in charge of the park, or any other person causing a violation shall cause it to be corrected immediately or disconnect the service connection and travel trailer or recreational vehicle drain connection from the respective park branch service line and sewer lateral. "H110.2 Drain connections. Travel trailer or recreational vehicle drain connections shall be of approved semi -rigid or flexible reinforced hose having smooth interior surfaces of not less than 3 inches inside diameter. Drain connections shall be equipped with a standard quick disconnect screw or clamp -type fitting,_ not less in size than the outlet. Drain connections shall be gas -tight and no longer than necessary to make the connection between the travel trailer or recreational vehicle outlet and the trap inlet on the site. "Hill MAINTENANCE "H111.1 General. All devices or safeguards required by this Appendix shall be maintained in good working order. The owner, operator, or lessee of the travel trailer or recreational vehicle park, or his designated agent, shall be responsible for their maintenance. "(41) APPENDIX I is added to read as follows: "APPENDIX I "MANUFACTURED HOMES AND MANUFACTURED HOME PARKS "1101.1 General. The requirements set forth in this Appendix shall apply specifically to all new manufactured home parks and to additions to existing parks as herein defined and are to provide minimum standards for sanitation and plumbing installation within these parks for the accommodation, use, and parking of manufactured homes. Plumbing installations in manufactured homes shall be installed under part 11 of ANSI Al 19.2. "1102 DEFINITIONS "1102.1 Definitions.... Definitions contained in chapter 2 of the 2009 edition of the International Plumbing Code and section H102 of Appendix H shall also apply to Appendix 1, except where the following special definitions shall apply: 102 -503- "Manufactured home. A vehicular, portable structure but on a chassis and designed to be used as a dwelling without a permanent foundation when connected to indicated utilities pursuant to ANSI A119.2. "1103 GENERAL REGULATIONS "1103.1 General. The general provisions of the 2009 edition of the International Plumbing Code shall govern the installation of plumbing systems in manufactured home parks, except where special conditions or construction are specifically defined in this Appendix. "1103.2 Requirements for manufactured homes. Manufactured homes shall not hereafter be parked in any manufactured home park, unless plumbing and sanitation facilities have been installed and maintained in conformity with these regulations. Every manufactured home shall have a as and watertight connection for sewage disposal which shall be connected to an underground sewage collection system discharging into a public or a private disposal system. "1104 PLANS AND SPECIFICATIONS 1104.1 Required plans and specifications. The owner or operator of every manufactured home park, or the plumbing contractor employed by him, before providing areas of space for the use and accommodation of independent manufactured homes shall make application for a permit and file two sets of plans and specifications with the building official. The plans and specifications shall be in detail as follows: "1. Scaled plot -plan of the park, indicating the spaces, area, or portion of the park for the parking of independent manufactured homes. "2. Size, location, and specification of park sanitary drainage system. "3. Size, location, and specification of water supply lines. "4. Size, location, and layout of service building. See Section 1110. "5. Size, location, specification, and layout of fire protection system. "B. Scaled layout of typical manufactured home sites. "Applications shall bear the approval of local enforcement agencies as to compliance with city or county plumbing, zoning, and health ordinances. Plumbing required by this Appendix shall comply with all city or county plumbing and health ordinances and regulations. The issuance of a permit shall not constitute approval of any violation of this Appendix or of any city or county ordinance or regulation. An approved set of plans and a copy of -the permit shall be kept on the park premises until final inspection has been made. "1105 MATERIALS "1105.1 General. Unless otherwise provided for in this Appendix, all piping fixtures or devices used in the installation of drainage and water supply systems for manufactured 103 -504- home _parks, or parts thereof, shall conform to the quality and weights of materials described in the 2009 edition of the International Plumbing Code. 1106 GENERAL REGULATIONS 1106.1 General. Unless otherwise provided for in this Appendix, all plumbing fixtures, piping, drains, appurtenances, and appliances designed and used in a park sanitary drainage and water supply system with service connections shall be installed in conformance with the 2009 edition of the International Plumbing Code. "1107 PARK SEWAGE SYSTEM "1107.1 Minimum System. "1107.1.1 The main sewer and sewer laterals shall be installed in a separate trench not less than 5 feet from the park water service or distribution system. See Chapter 6 of the 2009 edition of the International Plumbing Code. "1107.1.2 The minimum size of pipe in any manufactured home park sanitary drainage system shall be 4 inches. "1107.1.3 Each manufactured home shall be considered as 15 fixture units in determining discharge requirements in the design of park sanitary drainage and sewage disposal systems. 1107.1.4 Minimum grade for sewers shall be so designed that the flow will have a mean velocity of 2 feet per second when the pipe is flowing 213 full. "1107.2 Discharge. The discharge of a park sewage system shall be connected to a city's sanitary sewer. Where the sanitary sewer is not available, an individual sewage disposal system shall be installed of a type that is acceptable and approved by the code official or other law enforcement agency having jurisdiction over this regulation. "1107.3 Manholes and Cleanouts. Manholes and cleanouts shall be provided as required in chapter 7 of the 2009 edition of the international Plumbing Code. Manholes and cleanouts shall be accessible and brought to grade. "1107.4 Inlets. Sewer inlets shall be 4 -inch diameter and extend above grade 3 to 6 inches. Each inlet shall be provided with a pas - tight seal when connected to a manufactured home and have a gas -tight seal plug for use when not in service. "1107.5 Unit Site Requirements. "1107.5.1 Each manufactured home site shall be provided with a house trap. Sewer laterals over 30 feet from the main park sanitary drainage sewer shall be properly vented and provided with a cleanout brought to grade. "1107.5.2 To provide the shortest possible drain connection between the manufactured home outlet and drain inlet, drain inlets shall terminate in the rear one -third of the manufactured home as placed on the site. "1107.5.3 Drain connections shall slope continuously downward and form no traps. All pipe joints and connections shall be installed and maintained gas- and water - tight. "1107.5.4 No sewage, wastewater, or other effluent shall be allowed to be deposited on the surface of the ground. "1107.6 Testing the system. Upon completion and before covering,_ the park sanitary drainage system shall be subjected to a static water test and inspected by a city plumbing inspector. The water test shall be applied to the drainage system either in its entirety or in sections. If applied to the entire system, all openings in the piping shall be tightly closed, except the highest opening, and the system shall be filled with water to point of overflow. if the system is tested in sections, each opening shall be tightly plugged, except the highest opening of the section under test, and each section shall be filled with water, but no section shall be tested with Tess than 10 foot -head of water. In testing successive sections, at least the upper 10 feet of the next preceding section shall be tested, so that no joint or pipe in the system shall have been submitted to a test of less than 10 foot -head of water. The water shall be kept in the system, or in the portion under test, for at least 15 minutes before inspection starts; the system shall then be tight at all points. "1108 WATER SUPPLY SYSTEM "1108.1 Individual branch service line required. Every manufactured home site shall be provided with an individual branch service line delivering safe, pure, and potable water. The outlet of the branch service line shall terminate on the left side of the manufactured home site. 1108.2 Minimum water service line size. Water service lines to each manufactured home site shall be sized to provide a minimum of 17 GPM at the point of connection with the manufactured home distribution system. The minimum size of branch service line to each site shall be 3/4 inch. "I108.3 Back pressure backflow preventer. A double check backflow preventer or reduced pressure principle backflow preventer shall be installed at an approved location downstream of the water meter that services the manufactured home park. Backflow preventive devices must be of an approved -type, certified by a recognized testing agency as to compliance and performance outlined herein. Valves must be designed and maintained to close drip -tight at a reduced pressure of not less than 1, or more than 5, psi. Valves must be identified with the manufacturers name and model number. "1108.4 Separate service shutoff valve. A separate service shutoff valve shall be installed in each branch line on the supply side of the backflow protective device. "1108.5 Size of service connection. The service connection shall not be less than 112 - inch diameter; no rigid pipe may be used. Flexible metal tubing is not permitted. Fittings at either end shall be of a quick disconnect type, not requiring any special tools or knowledge to install or remove. "1108.6 Minimum size of water supply system. The water supply system shall be designed to provide a minimum of 150 gallons per day for each manufactured home 105 —506-- plus such additional volume as may be required for fire protection of the park, service buildings, and other community facilities. 1109 MANUFACTURED HOME CONNECTIONS "1109.1 Correction required. When it is evident that there exists, or may exist, a violation of these rules, the owner, operator, lessee, person in charge of the park, or any other person causing a violation shall cause the violation to be immediately corrected or disconnect the service connections and manufactured home drain connection from the respective park branch service line and sewer lateral. "1109.2 Required drain connections. Manufactured home drain connections shall be of approved semi -rigid pipe, having smooth interior surfaces of not less than 3 inches inside diameter. Drain connections shall be equipped with a standard quick - disconnect screw, clamp -type fitting, or solvent welder, not Tess in size than the outlet. Drain connections shall be gas -tight and no longer than necessary to make the connection between the manufactured home outlet and the inlet on the site. "1110 SERVICE BUILDINGS "1110.1 Required service building. Each manufactured home park shall have at least one service building to provide necessary sanitation and laundry facilities. Those parks serving independent travel trailers or recreational vehicles need only provide minimum facilities. However a service building with adequate laundry facilities and storage locker rooms is most desirable. `9110.2 Construction of service building. The service building shall be of permanent construction with an interior finish of moisture - resistant material which will stand frequent washing and cleaning, well lighted, and ventilated at all times. 1110.3 Minimum fixtures in service building. The service buildings of independent manufactured home parks only shall have a minimum of one laundry trap, one water closet, one lavatory, and one shower or bathtub for women and one water closet, one lavatory, and one shower or bathtub for men. "1110.4 Hot and cold water. Hot and cold water shall be provided for all fixtures, except water closets, The slop -water closet shall be provided with hot and cold water faucets over the bowl in addition to the flushing mechanism. "1110.5 Water closets. Each water closet, slop -water closet, tub, and shower shall be in separate compartments with self - closing doors on all water closet compartments. The shower stall shall be a minimum of 3 feet x 3 feet in area with a dressing compartment and stool or bench for women. "1110.6 Laundry. The laundry trays and washing machines shall be contained in a room separate from the toilet rooms. `1110.7 Minimum floor drain. A minimum 3 -inch floor drain shall be installed in each toilet room and laundry room. "1111 MAINTENANCE 106 -507- "1111.1 General. All devices or safeguards required by this Appendix shall be maintained in good working order. The owner, operator or lessee of the manufactured home park, or his designated agent, shall be responsible for their maintenance. "Secs. 14 -282 —14 -290. Reserved. "DIVISION 8. RESIDENTIAL CODE "Sec. 14 -291. Residential Construction Code. With the following additions, deletions, and revisions, the International Residential Code for One- and Two - Family Dwellings, 2009 Edition (including Appendix O. Gray Water Recycling Systems (see International Residential Code Section R102.5 2009 Edition)), as published by the International Code Council, a copy of which authenticated by the signatures of the mayor and city secretary of the City of Corpus Christi, made public record by this Section, and on file in the City Secretary's office, is incorporated by reference and adopted as the Residential Construction Code for the City of Corpus Christi: " Section R101.1 of the International Residential Code is revised to read as follows: "R101.1 Title. These provisions shall be known as the Residential Code for One- and Two - Familv Dwellings of the City of Corpus Christi and shall be cited as such and will be referred to herein as 'this code.' Section 8105.1 of the International Residential Code is amended by adding a new subsection R105.1.1 to read as follows: "R105.1.1 Re -out inspection. It is unlawful for any person, firms or corporation to connect, or cause to have connected, the source of energy at a utility meter which has been disconnected, for a specified period of time, until a re -out inspection is made and approval has been issued in writing by the building official or building official's authorized representative, authorizing the reconnection and use of the wiring, devices or equipment. "A re -out inspection is required if the energy has been disconnected for a period of more than six (6) months for residential buildings. Section R105 of the International Residential Code is amended by adding a new subsection R105.10 to read as follows: "R105.10 Homeowner's permit. "R105.10.1 A homeowner's permit may be issued to property owners for construction, alteration, installation or repairs within the scope of this code, in a single- family residential building owned and occupied by the property owner as their homestead. "R105.10.2 The building official may require the homeowner to demonstrate sufficient knowledge and competence in the respective trade or require drawings delineating the proposed work before issuing a homeowner's permit for complicated construction of electrical, mechanical, or plumbing proiects. Section R112 of the international Residential Code is deleted. Refer to Section 14 -206 Technical Construction Boards for details on the establishment, duties and powers, and appeals process of the building code board of appeals, electrical advisory board, and mechanical /pluming advisory board. Section R113 of the international Residential Code is deleted. Refer to Section 14 -207 Violations and Penalties. Table R301.2(1) of the International Residential Code is revised to read as follows: "TABLE R301.2(1) "CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA GROUND SNOW LOAD WIND DESIGN SEISMIC DESIGN CATEGORY' 511R1ELTT0i]AMAGEFROM WINTER DESIGN TEMP' ICE BARRIER UNDERLA MENT REQUIREDh FLOOD HAZARDS' AIR FREEZING INDEX' MEAN ANNUAL TEMPI Speed' (mph) Tapagraphle effects' Waathering' Frost line depth' Termite` 0 120/130 - A Negligible 0 Very HEgh 32 -00 N/A 1971 S 1506 71.5 For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index Li.e., "negligible," "moderate" or "severe ") for concrete as determined from theWeathering Probability Map [Figure R301.2(3)1_ The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652. b. The frost line depth may require deeper footings than indicated in Figure R.403.1(1). The jurisdiction . shall fill in the frost line depth column with the minimum depth of footing below finish grade. c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map (FigureR301.2(4)1. Wind exposure category shall be determined on a site- specific basis in accordance with Section R301.2.1.4. e. The outdoor design dry -bulb temperature shall be selected from the columns of 971/2-percent values for winter from Appendix D of the International Plumbing Code. Deviations from the Appendix D temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1. g. The jurisdiction shaII fill in this part of the table with (a) the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date() of the Flood Insurance Study and (c) the panel numbers and dates of all currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended. h. In accordance with Sections R905.2.7.1, R905.4.3.1. R905.5.3.1, 8905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill m this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO." i_ The jurisdiction shall fill in this part of the table with the 100 -year return period air freezing index (BF- days) from Figure R403.3(2) or from the 100 -year (99 %) value on the National Climatic Data Center data table "Air Freezing Index- USA Method (Base 32 °)" at www.ncdc.noaa.gov /fpsf.html. 108 —509— j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index -USA Method (Base 32 °F)" at www.ncdc.noaa, goy /fpsf.htm1. k. In accordance with Section 8301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed -up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table. "L71 Section R302.2 of the International Residential Code is revised to read as follows: "R302.2 Townhouses. Each townhouse shall be considered a separate building and shall be separated by fire- resistant rated wall assemblies meeting the requirements of section R302.1 for exterior walls. "Exception: Non - sprinkled buildings. A common 2 -hour fire- resistant rated wall is permitted for townhouses, if such walls do not contain plumbing or mechanical equipment, ducts, or vents in the cavity of the common wall. Electrical installations shall be installed in accordance with chapters 34 through 43. Penetrations of electrical outlet boxes shall be conducted in accordance with section 2302.4. "Exception: Sprinkled Buildings. A common 1 -hour fire- resistant rated wall assembly tested in accordance with ASTME 119 or UL 263 is permitted for townhouses if such walls do not contain plumbing or mechanical equipment, ducts, or vents in the cavity of the common wall. The wall shall be rated for fire exposure from both sides and shall extend to and be tight against exterior walls and the underside of the roof sheathing. Electrical installations shall be installed in accordance with chapters 34 through 43. Penetrations of electrical outlet boxes shall be conducted in accordance with section R302.4. Section R302.2.4 of the International Residential Code is revised to read as follows: "R302.2.4 Structural independence. Each individual townhouse shall be structurally independent. "Exceptions: "1. Foundations supporting exterior walls or common walls. "2. Structural roof and wail sheathing from each unit may fasten to the common wall framing. "3. Nonstructural wall and roof coverings. "4. Flashing at termination of roof covering over common wall. "5. Sprinkled townhouses separated by a common 1 -hour fire- resistant rated wall as provided in section R302.2. "6. Townhouses separated by a common 2 -hour fire- resistant rated wall as provided in section 302.2. Section R302.3 of the International Residential Code is revised to read as follows: 109 -510- "R302.3 Two - family dwellings. Dwelling units in two - family dwellings shall be separated from each other by wall and/or floor assemblies having not Tess than a 1 -hour fire resistance rating when tested in accordance with ASTM E 119 or UL 263. Fire - resistant rated floor- ceiling and wall assemblies shall extent to and be tight against the exterior wall. Wall assemblies shall extend from the foundation to the underside of the roof sheathing. "Exceptions: "1. A fire resistance rating of 1/2 hour shall be permitted in buildings equipped throughout with an automatic sprinkler system installed in accordance with NFPA 13. "2. Sprinkled building wall assemblies need not extend through attic spaces when the ceiling is protected by not less than 5/8 -inch (15.9 mm) Type X gypsum board and an attic draft stop, constructed as specified in section R302.12.1, is provided above and along the wall assembly separating the dwellings. The structural framing supporting the ceiling shall also be protected by not less than 1/2 -inch (12.7 mm) gypsum board or the equivalent. "L1 Q Section M1307.3.1 of the International Residential Code is amended by adding a new subsection M1307.3.1.1 to read as follows: "M1307.3.1.1 Water heaters installed in garages. Water heaters having an ignition source shall be elevated not Tess than 18 inches (457 mm) above the garage floor. ":(1:11 Section M1401.4 of the International Residential Code is revised to read as follows: '1M1401.4 Exterior installations. Equipment installed outdoors shall be listed and labeled for outdoor installation. Supports and foundations shall prevent excessive vibration settlement, or movement of the equipment. Supports and foundations shall be level and conform to the manufacturer's installation instructions. "Exception: Equipment installed outdoors must be anchored to supports or foundations to resist the wind loads specified in section 8301.2.1.1. "La). Sections G2408.2 (305.3) of the International Residential Code is revised to read as follows: "G2408.2 (305.3) Elevation of ignition source. Equipment and appliances having an ignition source shall be elevated such that the source of ignition is not less than 18 inches (457 mm) above the floor in hazardous locations, public garages. private garages, repair garages, motor fuel dispensing facilities, and parking garages. For the purpose of this section, rooms or spaces that are_ not part of the living space of a dwelling unit that communicate directly with a private garage through openings shall be considered to be part of the private garage. 113). Section G2408.2.1 (305.3.1) of the International Residential Code is amended by adding a new subsection G2408.2.1.1 (305.3.1.1) to read as follows: "G2408.2.1.1 (305.3.1.1) Water heaters installed in garages. Water heaters having an ignition source shall be elevated not less than 18 inches (457 mm) above the garage floor. "f1L. Section G2414.10.1 (403.10.1) of the International Residential Code is amended by adding a new subsection G2414.10.1.1 (403.10.1.1) to read as follows: "G2414.10.1.1 (403.10.1.1) Prohibited fittings. All threaded bushings shall be prohibited. "(15) Section G2415.10 (404.10) of the International Residential Code is revised to read as follows: "G2415.10 (404.10) Minimum burial depth. All underground piping_ systems shall be installed at a minimum depth of 18 inches (257 mm) below grade. If a minimum of 18 inches (257 mm) of cover cannot be maintained, the pipe must be installed in conduit or bridged (shielded). "(16) Section P2503.7 of the International Residential Code is amended by adding new subsections P2503.7.1 and P2503.7.2 to read as follows: "P250311 Testing and certification of backflow devices. The owner of any reduced pressure principle backflow preventer, double check -valve assembly backflow preventer, double - detector check -valve assembly backflow preventer, or pressure -type vacuum breaker assembly backflow preventer must have the backflow device tested and certificated by a Backflow Prevention Assembly Tester before a backflow preventer is placed in service and annually thereafter to ensure its proper operation. The Backflow Prevention Assembly Tester must file a copy of the initial and each annual certification with the building official within 10 days of the testing. "P2503.7.2 Failure to report test result. Upon the failure to report the result of the required test of the backflow prevention device, the City Manager, or designee may authorize the stoppage of the supply of water to the service address. The water may not be restored, except upon provision of the report of the required test. "(17) Chapter 25 of the International Residential Code is amended by adding a new section P2504 to read as follows: "SECTION P2504 "TOILET FACILITIES FOR WORKERS "P2504.1 General. Toilet facilities shall be provided for construction workers and maintained in a sanitary condition. Construction worker toilet facilities of the non -sewer type shall conform to ANSI Z4.3. "P2504.2 Location. Toilet facilities shall be provided for construction workers at each construction site. "1. The same builder can share one toilet facility with three construction projects on which he /she is permit applicant. "2. The construction projects must be within 200 feet of each other to share a toilet facility. "3. Each building permit applicant must have a toilet facility for his/her own project. "Ill Section P2601.2 of the International Residential Code is amended by adding a new subsection P2601.2.1 to read as follows: "P2601.2.1 Design. The plans and installation of a gray water disposal system which provides for the storage of gray water must be designed and certified by a registered professional engineer or registered professional sanitarian. "Exception: Bathtubs, showers, lavatories, clothes washers, laundry trays, and condensate water from cooling coils are not required to discharge to the sanitary drainage system where those fixtures discharge to an approved _gray water recycling system in accordance with Appendix 0. "(19) Section P2603.6.1 of the International Residential Code is revised to read as follows: "P2603.6.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be a minimum of 18 inches below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 12 inches below grade. The minimum depth of building sewers and building sewers connected to private sewage disposal systems shall be determined by the code official. "(20) Section P2801.6 of the International Residential Code is revised to read as follows: "P2801.6 Water heaters installed in garages. Water heaters having an ignition source shall be elevated not Tess than 18 inches (457 mm) above the garage floor. "(21) Section P2902.5.3 of the International Residential Code is revised to read as follows: "P2902.5.3 Lawn irrigation systems. The potable water supply to lawn irrigation systems shall be protected against backflow by a pressure -type vacuum breaker or a reduced pressure principle backflow preventer. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressureprinciple backflow preventer. "(22) Section P2902.5 of the International Residential Code is amended by adding a new subsection P2902.5.6 to read as follows: "P2902.5.6 Pumps and other appliances. Water pumps, filters, softeners, tanks, and all other devices that handle or treat potable water must be protected against contamination. Whenever a pump is connected to the potable water system, the water supply must be protected by either an approved backflow preventer with a low pressure cutoff or the use of water supply tanks with an air gap: "(23) Section P2902.6 of the International Residential Code is revised to read as follows: "P2902.6 Location of backflow preventers. Access shall be provided to backflow preventers as specified by the manufacturer's installation instructions. If needed, 112 -513- additional access and clearance must be provided for the required testing, maintenance and repair. Access and clearance must require a minimum of one (1) foot (305 mm) between the lowest portion of the assembly and grade, floor, or platform. Installations elevated more than five (5) feet (1.53m) above the floor or grade must be provided with a permanent platform capable of supporting 500 pounds and provide mechanical support. "(24) Section P2903.9.1 of the International Residential Code is revised to read as follows: "P2903.9.1 Service valve. Each dwellinq unit shall be provided with an accessible main shutoff valve near the entrance of the water service. The valve shall be a full open -type having nominal restriction to flow with provision for drainage, such as a bleed orifice or separate drain valve. Additionally, the water service shall be valved at the curb or property line in accordance with local requirements. "Exception: Required for water service lines greater than or equal to 1 '/a inches. "(25) Section P2904.1.1 of the International Residential Code is revised to read as follows: "P2904.1.1 When installed. Sprinklers shall be installed to protect all areas of a dwelling unit. "Exceptions: "1. Attics, crawl spaces, and normally unoccupied concealed spaces that do not contain fuel -fired appliances do not require sprinklers. In attics, crawl spaces, and normally unoccupied concealed spaces that contain fuel -fired equipment a sprinkler shall be installed above the equipment; however, sprinklers shall not be required in the remainder of the space. "2. Clothes closets, linen closets, and pantries not exceeding 24 square feet (2.2 m2) in area, with the smallest dimension not greater than 3 feet (915 mm) and having wall and ceiling surfaces of gypsum board. "3. Bathrooms not more than 55 square feet (5.1 m2) in area. "4. Garages; carports: exteriorporchess unheated entry areas, such as mud rooms, that are adjacent to an exterior door; and similar areas. "(26) Chapter 29 of the International Residential Code is amended by adding a new section P2909 to read as follows: "SECTION P2909 "LAWN IRRIGATION SYSTEMS "P2909.1 Landscape Irrigation Systems. Landscape Irrigation Systems are required to comply with Chapter 344 of Part 1 of Title 30 of the Texas Administrative Code. "(27) Tables P3002.1 (1) and P3002.1 (2) of the International Residential Code are revised to read as follows: "TABLE P3002.1 (1) "ABOVE- GROUND DRAINAGE AND VENT PIPE PIPE STANDARD Acrylonitrile butadiene styrene (ABS) Acrylonitrile butadiene styrene (ABS) ASTM D 2661; ASTM F 628; CSA B181.1 plastic pipe in IPS diameters, including schedule 40, DR 22 (PS 200) and DR 24 schedule 40, DR 22 (PS 200) and DR 24 (PS 140) Asbestos- cement pipe Brass pipe ASTM B 43 Cast -iron pipe Cast -iron pipe ASTM A 74; CISPI 301; ASTM A 888 Copper or copper -alloy pipe ASTM B 42; ASTM B 302 Copper or copper -alloy tubing (Type K, L, ASTM B 75; ASTM B 88; ASTM B 251; M or DWV) ASTM B 306 Galvanized steel pipe ASTM A 53 Polyolefin pipe CSA 8181.3 Polyvinyl chloride (PVC) plastic pipe in IPS ASTM D 2665; CSA 8181.2; ASTM F 1488 diameters, including schedule 40, DR 22 (PS 200) and DR 24 (PS 140) Polyvinyl chloride (PVC) plastic pipe with a ASTM D 2949 3.25 inch O.D. Stainless steel drainage systems, Types ASME A 112.3.1 304 and 316L "For SI: 1 inch = 25.4 mm. "TABLE P3002.1 (2) "UNDERGROUND BUILDING DRAIN AND VENT PIPE PIPE STANDARD Acrylonitrile butadiene styrene (ABS) ASTM D 2661; ASTM F 628; CSA B181.1 plastic pipe in IPS diameters, including schedule 40, DR 22 (PS 200) and DR 24 (PS 140) Asbestos- cement pipe ASTM C 428 Cast -iron pipe ASTM A 74; CISPI 301; ASTM A 888 Copper or copper alloy tubing ( (Type K, L, M or DVVV) ASTM B 75; ASTM B 88; ASTM B 251; ASTM B 306 Polyolefin pipe A ASTM F 1412; CSA B181.3 Polyvinyl chloride (PVC) plastic pipe in IPS A ASTM D 2665; CSA BI81.2 diameters, including schedule 40, DR 22 IPS 200) and DR 24 (PS 140) Polyvinyl chloride (PVC) plastic pipe with a A ASTM D 2949 3.25 inch O.D. Stainless steel drainage systems, Type A ASME A 112.3.1 316L • • 1 inc = 25.4 mm. "(28) Section P3005.2,2 of the International Residential Code is revised to read as follows: • "P3005.2.2 Spacing. Cleanouts shall be installed not more than 80 feet (24,384 mm) apart in horizontal drainage lines, measured from the upstream entrance of the cleanout. "(29) Section P3005.2.7 of the International Residential Code is revised to read as follows: "P3005.2.7 Building drain and building sewer junction. There shall be a two -way double riser cleanout near the junction of the building drain and building sewer. The cleanout shall be either inside or outside the building wall, provided that it is brought up to finish grade or the lowest floor level. "P3005.2.7.1 Wye cleanout to public sewer. A wye -type cleanout, not Tess than four inches (4 ") in diameter, must be extended to grade and located at the function of the building sewer and public sewer at the property line. "IM Section P3005.2.9 of the International Residential Code is revised to read as follows: "P3005.2.9 Cleanout size. Cleanouts shall be the same nominal size as the pipe they serve up to 4 inches (102 mm). For_pipes larger than 4 inches (102 mm) nominal size the minimum size of the cleanout shall be 4 inches (102 mm). "Exceptions: "1. 'P' trap connections with slip joints, ground joint connections, or stack cleanouts that are not more than one pipe diameter smaller than the drain served shall be permitted. "2. Cast -iron cleanouts sized in accordance with the referenced standards in Table 3002.3, ASTM A 74 for hub and spigot fittings or ASTM A 888 or CISPI 301 for hubless fittings. "3. A two -inch cleanout may be used in an island vent .configuration with a three -inch horizontal branch drain where a vertical vent is not installed pursuant to section P3112.4. "(31) Section P3005.3 of the International Residential Code is amended by adding a new subsection P3005.3.1 to read as follows: "P3005.3.1 Minimum velocity. Where conditions do not permit building drains and sewers to be laid with a fall as great as specified in section P3005.3,_ a lesser slope may be permitted, provided, however, that the computed velocity will not be less than 2 feet per second. "Exception: When the drainage system cannot be designed to meet the prescribed code, the system must be designed by a licensed engineer. "m Chapter 30 of the International Residential Code is amended by adding a new section P3009 to read as follows: "SECTION P3009 "SWIMMING POOLS "P3009.1 Swimming pool backwashes. Wastewater from swimming pools, backwash from filters, and water from pool deck drains must discharge to the building drainage system through an indirect waste pipe by means of an air pap. ".(31 Section P3112 of the International Residential Code is amended by adding a new subsection P3112.4 to read as follows: "P3112.4 A vertical vent must be installed on the drain line downstream of the island vent configuration, unless the building drain branch line is at !east 3 inches (76 mm). "(34) Section P3113.1 of the International Residential Code is amended by adding a new subsection P3113.1.1 to read as follows: "P3113.1.1 Minimum size of vent stack with water closet. Every sanitary drainage system receiving the discharge of a water closet must have a minimum three (3) inch diameter main vent that is either a vent stack or a stack vent. Such vent must run undiminished in size and as directly as possible from the building drain through to the open air above the roof. "(35) Part VIII of the International Residential Code is deleted. Refer to the National Electrical Code for one- and two - family dwellings. "IM APPENDIX R is added to read as follows: ;'APPENDIX R ..:, "TIE DOWN STANDARDS FOR PORTABLE BUILDINGS, TRAVEL TRAILERS, UNOCCUPIED MANUFACTURED HOMES ON MOBILE HOME DEALER SALES LOTS, INDUSTRIALIZED HOUSING UNITS NOT INSTALLED ON A PERMANENT SITE, AND MOBILE HOMES. 116 —517— "AR101 DEFINITIONS "AR101.1 Definitions. As used in this Appendix, the following terms have these meanings: "HUD -code manufactured home. A structure constructed on or after June 15, 1976 under the rules of the United States Department of Housing and Urban Development that is: "1.. Built on a permanent chassis; "2. Designed for use as a dwelling; "3. With or without a permanent foundation when the structure is connected to the required utilities: "4. Transportable in one or more sections: and "5. At least eight (8) body -feet in width or forty (40) body -feet in length in traveling mode or at least three hundred and twenty (320) square feet when erected onsite. "The term 'HUD -code manufactured home' includes the plumbing, heating air conditioning, and electrical systems contained in the structure. "The term 'HUD -code manufactured home' does not include a recreational vehicle, as defined by section 3282.8(q) of title 24 of the Code of Federal Regulations. "Industrialized housing. A residential structure that is: "1. Designed for the occupancy of one (1) or more families; "2. Constructed in one or more modules or one or more modular components and built at a location other than thepermanent site; "3. Designed to be used as a permanent residential structure when the module or modular component is transported to the permanent site and erected or installed on a permanent foundation system; and "4. Constructed under the authority of chapter 1202 of the Texas Occupations Code. "Each transportable modular section or modular component shall have decals or insignia issued by the Texas Commission of Licensing and Regulation (the "Commission ") to indicate compliance with chapter 1202 of the Texas Occupations Code and the Commission's implementing rules. The term 'industrialized housing' includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. "The term 'industrialized housing' does not include: A residential_ structure exceeding three stories or forty -nine (49) feet in height, measured from the finished grade elevation at the building entrance to the peak of the roof; "2. Housing constructed of a sectional or panelized system that does not use a modular component; or "3. A ready -built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location. "Mobile home. A structurejransportable in one or more sections, which is eight (8) feet (2,438 mm) or more in width or forty (40) feet (12,192 mm) or more in length in traveling mode or, when erected onsite, is three hundred twenty (320) square feet (930 m2) or more, built on a permanent chassis, and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. The term 'mobile home' includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. The term 'mobile home' for a dwelling built before June 15 1976 does not include a HUD -code manufactured home. "Portable building. A structure constructed offsite which can be moved onto a site without a permanent foundation, including a manufactured storage unit sold in a kit without a permanent foundation. "Travel trailer. A vehicular, portable structure built on a chassis and designed to be used without a permanent foundation as a temporary dwelling. It may be occupied with or without utilities and provided for by temporary connections at a parking site. "AR102 PORTABLE BUILDINGS "AR102.1 All portable buildings located within the city shall be securely anchored to the ground by a means described in AR1 06. "AR102.2 During a period of time when hurricane warnings or watches issued by the NOAA National Weather Service are in effect for the city, a portable building shall in addition to being permanently anchored, either be securely anchored to the ground with over - the -roof tie straps that are attached to anchors as described in AR105 or disassembled and securely stored in permanent buildings. "AR102.3 Anv portable building within the city limits when hurricane warnings or watches are in effect which is not either secured with roof straps anchored to the ground or disassembled and stored within a permanent building is declared a public nuisance and threat to the public safety and welfare. "AR103 TRAVEL TRAILERS "AR103.1 Travel trailers to be left or left within the city at parking sites during a period of time when hurricane warnings or watches issued by the NOAA National Weather Service are in effect for the city shall be securely anchored to the ground by a means described in AR106,, lashed to rigid construction capable of holding the travel trailer using approved tie materials and connectors described in AR105, or securely stored in permanent buildings. "AR103.2 Any travel trailer left within the city shall be road worthy, registered with the Department of Motor Vehicles, and bear a valid license plate. "AR103.3 Any travel trailer within the city limits when hurricane warnings or watches are in effect that is not road worthy, properly registered, bearing a valid license plate anchored to the ground, lashed to rigid construction, or securely stored within a permanent building is declared to be a public nuisance and threat to the public safety and welfare. "AR104 HUD -CODE MANUFACTURED HOMES AND INDUSTRIALIZED HOUSING UNITS "AR104.1 Unoccupied HUD -code manufactured homes located on mobile home dealers sales lots and industrialized housing units not installed on a permanent site shall be anchored at a minimum at each corner of the mobile home. "AR104.2 A frame tie, over -the -roof tie anchor, connections, piers, and footings shall be installed at each corner under AR106 during periods of time when a hurricane warning or watch issued by the NOAA National Weather Service is in effect for the city. "AR105 TIE -DOWN METHODS "AR105.1 Approved tie -down methods for mobile homes, HUD -code manufactured homes, and industrial housing units. All mobile homes, HUD -code manufactured homes, and industrial housing unit installations shall comply with the following tie -down methods. "AR105.2 Approved tie materials and connectors. "1. Galvanized or stainless steel cable: Three - eighths (3/81 inch, 7 x 7 cable (seven (7) strands of #7 wires). "2. Galvanized aircraft cable: One - quarter inch, 7 x 19 cable (seven (7) strands of #19 wire). "3. Steel strap: One and one - quarter inch x .035 inch galvanized with tensioning device. "4. Cable ends secured by two (2) U -bolt clamps. "6. Steel rods: Five - eighths (5/8) inch with ends welded closed to form an eve. "6. Turnbuckles: Five - eighths (5/8) inch drop forged, closed eves. "7. Other tensioning devices of similar strength that are approved. "AR105.3 Minimum working loads and overloads. Travel trailers. Anchoring equipment for travel trailers shall be capable of resisting all allowable working loads equal to or exceeding three thousand one hundred fifty (3,150) pounds and withstanding fifty (50) percent overload (four thousand seven hundred twenty five (4,725) pounds total). "2. Portable buildings. Anchoring equipment for portable buildings shall be capable of resisting all allowable working Toads equal to or exceeding three thousand one hundred fifty (3,150) pounds and withstanding fifty (50) percent overload (four thousand seven hundred twenty five (4,725) pounds total). "3. Mobile homes. Anchoring equipment for mobile homes shall be capable of resisting all allowable working loads equal to or exceeding three thousand one hundred fifty (3,150) pounds and withstanding_ fifty (50) percent overload (four thousand seven hundred twenty five (4,725) pounds total "ARI05.4 Number of Ties. The number of ties required for mobile homes is prescribed in Tables AR105.4.1 and AR105.4.2 as follows: "TABLE AR105.4.1 NUMBER OF VERTICAL TIES PER SIDE "Note: The vertical ties nearest the end of the unit shall be placed between four (4) and eight (8) feet from the end. "TABLE AR105.4.2 NUMBER OF DIAGONAL TIES PER SIDE Mobile Home Box Width (feet) Number of Vertical Ties Required Mobile Home Box Length (feet) 10 12 14 43 to 52 Mobile Home Box Length (feet) 46 to 56 75 to 80 80 5 35 to 46 56 to 75 60 to 79 4 33 to 34 38 to 55 40 to 59 3 33 to 37 33 to 39 2 "Note: The vertical ties nearest the end of the unit shall be placed between four (4) and eight (8) feet from the end. "TABLE AR105.4.2 NUMBER OF DIAGONAL TIES PER SIDE 120 —521— Ali Box Widths Number of Diagonal Ties Required Mobile Home Box Length (feet) 33 to 43 4 43 to 52 5 53 to 63 6 120 —521— 64 to 73 7 74 to 80 "Note: The diagonal ties nearest the end of the unit shall be placed between four (4) and eight (8) feet from the end. "AR10G ANCHORING EQUIPMENT AND GROUND ANCHORS "AR106.1 Anchoring equipment shall be capable of resisting all allowable working loads and withstanding fifty (50) percent overload as specified in AR105.3, without the failure of either the anchoring equipment or the attachment point of the portable building, travel trailer, or mobile home. "AR106.2 Ground anchors shall be of an approved design and used in a soil type for which they are designed and approved. Approved equipment includes the following: "1. Auger or dead man at least six (6) inches in diameter or arrowhead with flat plane at least eight (8) inches wide. "2. Auger or arrowhead with a depth at four (4) feet: dead man with a depth at five (5) feet. All augers shall be screwed into the earth for the full four -foot depth. "3. Anchor rod five - eighths (5/8) inches in diameter with a welded eve at top. The anchor rod shall be hooked into concrete when used in dead man anchors. "Anchors to slabs shall equal the pull resistance described in AR105. All augers, arrowheads, or anchors shall be made of galvanized steel. "AR106.3 Quantity of blocking and anchorage. Approved blocking and anchorage is illustrated in Figure AR -106: 11 id KY. AM MU.Or NY} x sx NY. WW1 w -Frt FN • 9.EVATIOH MORE HOVE �ARMORING SYSTEM $03: its' .r4 AR1G6.7 i•QUf WN3 REM j RINLE VIP FWF, F1�0 Ct 6,T, DIAZ war. REM cep MD rmaaac Q CETAILit APPROVED C1EVIS CTURNSUM1 15s a •f +f DETAIL gi O8.APPAOVEDBLOCK/NG - wuur.r.c 11E-DOWN STRAP PROVE• DETAIL e SOILAllGERDEMAIL °RECOMMENCEDBLOWNG OIC .T4 5.�n•. r.c "AR106.4 Piers and footings shall: - "1. Be spaced at ten (10) foot intervals on both frame rails with end ones no further than one (1) foot from the end. "2. Include four (4) inch by sixteen (16) inch -wide concrete runners. "3. For footings, consist of solid concrete sixteen (16) inch by sixteen inch by four (4) inch. For piers, consist of standard eight (8) inch by eight (8) inch by sixteen (161 inch open cell or thirty (30) inch maximum height solid concrete block. "5. Only include wood blocks for leveling that do not exceed a maximum thickness of four (4) inches. Such blocks shall be of nominal eight (8) inch by sixteen (16) inch dimensions. 122 -523- "AR106.5 Patio and cabana roofs shall: "1. Consist of two (21 rows of vertical support bars with twelve (12) inch spacing. The second row is to be down the middle of or at the edge of the mobile home anchored to concrete floor or equivalent footings. "2. Take into account that other structures on the lot are to be secured. "3. Ensure that tip out rooms will be held by over -the -home ties at the outer edge. "4. Ensure that clerestory roofs include over - the -home ties at the end of each raised section. "Secs. 14 -292 —14 -300. Reserved." SECTION 2. If for any reason any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance shall be held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, such judgment shall not affect any other section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance be given full force and effect for its purpose. The City Council hereby declares that it would have passed this Ordinance, and each section, paragraph, subdivision, sentence, clause, phrase, word, or provision thereof, irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses, phrases, words, or provisions be declared invalid or unconstitutional. SECTION 3. Nothing in this Ordinance or in the 2009 edition of the International Building Code, 2009 edition of the international Existing Building Code, 2008 edition of the NFPA National Electric Code, 2009 edition of the International Energy Conservation Code, 2009 edition of the International Fuel Gas Code, 2009 edition of the International Mechanical Code, 2009 edition of the International Plumbing Code, and 2009 edition of the International Residential Code for One - and Two - Family Dwellings, hereby adopted, shall be construed to affect any suit or proceeding impending in any court or any rights acquired or liability incurred or any cause or causes of action acquired or existing under any act or ordinance hereby repealed as cited in section 1 of this Ordinance; nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this Ordinance. SECTION 4. A violation of this Ordinance or the requirements implemented under this Ordinance constitutes an offense punishable under sections 1 -6 and 14 -207 of the Code of Ordinances of the City of Corpus Christi. Unless otherwise specifically stated within the provisions of this Ordinance or the Code of Ordinances of the City of Corpus Christi, any violation of this Ordinance or the requirements implemented under this Ordinance that is punishable by a fine that exceeds the amount authorized by Section 12.23 of the Texas Penal Code shall require a culpable mental state of "criminal negligence.» SECTION 5. Publication shall be made in the official publication of the City of Corpus Christi, as required by the City Charter of the City of Corpus Christi. SECTION 6. This Ordinance and the rules, regulations, provisions, requirements, orders, and matters established and adopted hereby shall take effect and be in full force and effect ninety (90) days from and after the date of its final passage and adoption. 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 Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal That the foregoing the day of Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott ordinance was read for the second time and passed finally on this , 2011, by the following vote: David Loeb John Marez. Nelda Martinez Mark Scott PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary day of , 2011. APPROVED: day of , 2011: L. Brian Narvaez Assistant City Attorney For City Attorney Joe Adame Mayor - 528- ,