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HomeMy WebLinkAboutAgenda Packet City Council - 12/06/2011•■ • 1, 4.. 11:45 A.M. Proclamation declaring December 6, 2011 as "14th Annual Tree of Angels Day" Certificate of Commendation to Science and Spanish Club Network- Martin Middle School Certificate of Commendation to Apollo Towing Service Coastal Bend Bays and Sea Check Presentation to the City of Corpus Christi AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 DECEMBER 6, 2011 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4 :00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. if you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree gue su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Comilla 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 Pastor David Beirne, Travis Baptist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem 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 December 6, 2011 Page 2 E. MINUTES: 1 Approval of Regular Meeting of November 15, 2011. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 2. Acceptance of State grant to improve technology between Police Lab and Records Management System 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 Agenda Regular Council Meeting December 6, 2011 Page 3 between the Police Department Laboratory Information Management System and Records Management. System, and to execute all related documents. (Attachment # 2) 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 # 2) 3. Award of contract to remodel City building to create a property storage facility for Police 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 # 3) 4. Award of contract to remodel City building for Internal Affairs Division of the Police Department 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 # 4) 5. Approval of a 20 -year Memorandum of Agreement with Federal Aviation Administration to consolidate 20 existing leases for use of airport property for navigational aids Second 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 for publication. (First Reading — 11108111) (Attachment # 5) Agenda Regular Council Meeting December 6, 20.11 Page 4 1. 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. * Executive session pursuant to Section 551.071(1)(A) of the Texas Government Code to consult with attorneys regarding Cause No. 13 -10- 00272 -CV, styled San Patricio Municipal Water District and South Texas Water Authority vs. City of Corpus Christi, presently on appeal from the 319th District Court of Nueces County, Texas. * 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. * Executive session pursuant to Section 551.071 of the Texas Government Code to consult with attorneys regarding litigation involving construction issues • at HEB Tennis Center, with possible discussion and action in open session. * Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session. J. PUBLIC HEARINGS: ZONING CASES: 6. Zoning chance for property located at 1009 Coleman Avenue from residential to commercial Zoning Case No. 0911 -04, The Other Door: A change of zoning from "RM -1" Multifamily 1 District to "CN -1" Neighborhood Commercial District, resulting in a change of future land use. Agenda Regular Council Meeting December 6, 2011 Page 5 The property described as Shannon Addition Lot 10, Block 1, located south of Coleman Avenue and east of South Staples Street. (Attachment # 6) Planning Commission's and Staffs Recommendation: Approval of the Applicant's request to rezone from the "RM -1" Multifamily 1 District to "CN -1" Neighborhood Commercial District. 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; and providing for publication. 7. Zoning change for property located at 522, 528, 532 and 538 Texan Trail from residential to commercial Zoning Case No. 0911 -05, Texan Trail Properties — A change of zoning from "RM -1" Multifamily 1 District to "CG -2" General Commercial District, without resulting in a change of future land use. The property described as Lindale Park Subdivision Section 4, Lots 23 -27, Block 40, located north of Texan Trail and west of South Alameda Street. (Attachment # 7) Planning Commission's and Staffs Recommendation: Denial of the Applicant's request and in lieu thereof approval of the "ON" Office District. 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 and 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; and providing for publication. Agenda Regular Council Meeting December 6, 2011 Page 6 K. REGULAR AGENDA CONSIDERATION OF MOTIONS RESOLUTIONS AND ORDINANCES: 8. Code Amendment for keeping urban chickens Second 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. (First Reading — 11/15111) (Attachment # 8) 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 # 9) 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 314 vote of Council) (Attachment # 9) 10. Approval of tax abatement agreement with for development of a nursing and rehabilitation facility at 3030 Fici Street Resolution authorizing the execution of an agreement with Corpus RP -Two, Ltd., providing for temporary property tax abatement. (Attachment # 10) 11. Approval of Type A Board grant funds for modification of Del Mar College Aviation Maintenance Technical Training Facility at the Corpus Christi International Airport 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 2011 -2012 Operating budget adopted by Ordinance No. 029155 to increase appropriations by $225,000. (Attachment # 11) Agenda Regular Council Meeting December 6, 2011 Page 7 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 # 11) 12. Approval of Type A Board grant funds for expansion of the Craft Training Center of the Coastal Bend 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 FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $1,750,000. (Attachment # 12) 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 # 12) L. FIRST READING ORDINANCES: 13. Ordinance to appropriate street construction funds: Aquarius Street First Reading Ordinance — Appropriating and approving the transfer of funds in the amount of $950,000 from the Unreserved Fund Balance in the No. 1020 General Fund for the prior and current expenditures including construction of the Aquarius Street project from Dasmarinas to Commodores into and appropriating in the Street Capital Improvement Fund No. Agenda Regular Council Meeting December 6, 2011 Page 8 3530; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing appropriations by $950,000 in the No. 1020 General Fund. (Attachment # 13) 14. Appropriation of funds to partially reimburse the developer of Tortuga Dune Subdivision from the Sanitary Sewer Trust Fund for Zahn Road Master Plan Lift Station First Reading Ordinance — Appropriating $650,000 from the Sanitary Sewer Trunk System Trust Fund No. 540450- 21800- 4220 to pay the Preserve at Mustang Island, LLC, for the construction and installation of a master plan lift station with 8- foot diameter wet well, 8,376 - linear feet of a 4 -inch and 6 -inch PVC dual force main, and related appurtenances, located east of State Highway 361, south of Zahn Road. (Attachment # 14) 15. Approval of Use Privilege Agreement to use portion of City sidewalk as an outdoor seating space for Aria Sky Terrace First Reading Ordinance - Authorizing the City Manager or designee to execute a Use Privilege Agreement with Pietsch Realty Investments, LLC, (Owner and Permittee), granting and conveying a use privilege of a 4' x 20' section (80- square foot portion) of public City sidewalk right -of -way as an outdoor seating space, in consideration of $560, a one -time use privilege fee; subject to compliance with the specified conditions. (Attachment # 15) 16. Transferring $270,000 from Hotel Occupancy Tax Fund to General Fund for beach maintenance First Reading Ordinance — Authorizing the transfer of $270,000 from the Hotel Occupancy Tax Fund No. 1030 to and appropriating in the General Fund No. 1020 for beach maintenance; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase both revenues and expenditures in the General Fund by $270,000 each. (Attachment # 16) Agenda Regular Council Meeting December 6, 2011 Page 9 17. Appropriation of Community Enrichment funds for park improvements First Reading Ordinance - Appropriating $120,090.66 in developer contributions and $553.65 in interest earnings for a sum of $120,644.31 in the No. 4720 Community Enrichment Fund for park improvements and other related projects. (Attachment # 17) 18. Code amendment for placement of microchips in impounded animals First Reading Ordinance - Amending the Code of Ordinances, Chapter 6, Section 6 -103, entitled "Impoundment," to require an animal released from impoundment to have a microchip and provide for payment of the device; providing for penalties; providing for an effective date; and providing for publication. (Attachment # 18) 19. Code amendment authorizing an interlibrary loan service fee of $2.75 to offset reduction in grant funds First Reading Ordinance - Amending Section 2 -79 of the Code of Ordinances by authorizing an interlibrary loan service .fee; providing an effective date; and providing for. publication. (Attachment # 19) 20. Code amendment adopting technical construction codes and proposed amendments First Reading 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 penalties; providing for publication; and providing for an effective date. (Attachment,# 20) Agenda Regular Council Meeting December 6, 2011 Page 10 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. FUTURE AGENDA ITEMS: 21. Lease purchase of pumper truck for Fire Department Motion approving the lease purchase of one (1) Pierce rescue pumper from Siddons Fire Apparatus, Inc., of Manor, Texas in the amount of $425,000 of which $7,589.57 is required for FY 2011 -2012. The award is based on the cooperative purchasing agreement with the Texas Local Government Cooperative. The rescue pumper will be used by the Fire Rescue Division of the Fire Department. Funds for the lease purchase of the rescue pumper will be provided through the City's lease/financing program. (Attachment # 21) 22. Lease purchase of curbside refuse containers Motion approving the lease purchase of 6,500 95196- gallon curbside refuse containers from Toter Incorporated of Statesville, North Carolina for the total amount of $293,800, of which $31 ,479.72 is required for FY 201 1 -2012. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The containers will be used in the City's automated collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's lease /purchase financing program. (Attachment # 22) 23. Award of a supply agreement: Cold Mix -Cold Laid Asphalt and Pre - Coated Aooregate for use by Street and Utility Departments Motion approving a supply agreement with Martin Marietta Materials, of San Antonio, Texas for approximately 4,000 tons of . cold mix -cold laid asphalt and approximately 1,000 tons of pre - coated aggregate, in accordance with Bid Invitation No. BI- 0018 -12 based on lowest responsible bid for an estimated semi- annual expenditure of $287,000. 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 for the supplier and the City Manager or designee. Funds are available in the Material Inventory Fund. (Attachment # 23) Agenda Regular Council Meeting December 6, 2011 Page 11 24. Repair of Raw Water Pump #3 -Pump Station #1 located at 13741 Smith Drive Motion approving a repair work order with Smith Pump Company, Inc., of McAllen, Texas for the removal, repair, installation and start up of Raw Water Pump #3 located at Pump Station #1, based on sole source in the amount of $75,058. Funds are budgeted in the Water Department Fund in FY 2011- 2012. (Attachment # 24) 25. Lease of a motor Grader for beach and beach roadway maintenance Motion approving a supply agreement with Doggett Machinery, of Corpus Christi, Texas for the lease of a .motor grader in accordance with Bid Invitation No. BI- 0029 -12, based on lowest responsible bid, for an estimated twenty -seven month expenditure of $184,005, of which $40,890 is budgeted for FY 2011 -2012. The term of the agreement shall be for nine months (February- October) for three consecutive years beginning in 2012. Funding is budgeted and available in the Parks and Recreation FY 2011 -2012 adopted budget. (Attachment # 25) 26. Service agreement for local and lona distance services Motion approving a service agreement with Tel West Network Services, of Austin, Texas for local and long distance telephone service, in accordance with Bid Invitation No. 61-0092-11, based on lowest responsible bid, for an estimated three -year expenditure of $394,108.92, of which $76,632.29 is required and budgeted for the remainder of FY 2011 -2012. The term of the service agreement will be for three years with an option to extend for up to two additional twelve -month periods subject to the approval of the service provider and the City Manager or designee. Funds are budgeted in the Municipal Information System Fund for the remainder of FY 2011 -2012 and will be requested in future fiscal years. (Attachment # 26) 27. Service agreement for utility worksite restoration services Motion approving service agreements with the following companies for the following amounts, in accordance with Bid Invitation No. BI- 0195 -11, based on lowest responsible bids for an estimated annual expenditure of $139,932.90, of which $81,627.53 is required for FY 2011 -2012. The term of the Agenda Regular Council Meeting December 6, 2011 Page 12 contracts will be for twelve months with options to extend the agreements for up to two additional twelve month periods subject to the approval of the contractors and the City Manager or designee. Funds have been budgeted by the Water Department in FY 2011 -2012. (Attachment # 27) Dorome General Repair Corpus Christi, Tx Primary Contractor $54,167.40 Pang Construction Corpus Christi, Tx Secondary Contractor $49,338.63 Abel's Paving & Construction Inc. Corpus Christi, Tx Tertiary Contractor $36,426.87 Grand Total: $139,932.90 28. Approval of purchase and installation of new park equipment for Lamar Park a. Ordinance appropriating $22,700.21 in community contributions in the No. 4720 Community Enrichment Fund for improvements, and other related projects. (Attachment # 28) b. Motion approving the purchase and installation of a play structure from The PlayWell Group of Dallas, Texas, based on the cooperative purchasing agreement with the Texas Local Government Cooperative, in the amount of $65,408.67. The purchase is for new park equipment for Lamar Park. Funding is budgeted and available in the Parks & Recreation 2010 General Obligation (Bond 2008) CIP Fund and the Community Enrichment Fund. (Attachment # 28) 29. Acceptance of State grant funds for Homeland Security Projects a. Resolution authorizing the City Manager • or designee to execute the 2011 Sub - Recipient Agreement. (SRA) and all related documents in the amount of $62,259 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and authorizing the City Manager or designee to accept, reject, alter or terminate the grant. (Attachment # 29) b. Ordinance appropriating $62,259 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Agenda Regular Council Meeting December 6, 2011 Page 13 Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response and recovery capabilities. (Attachment # 29) 30. Acceptance of State grant funds for State Homeland Security Terrorism Prevention Activities a. Resolution authorizing the City Manager or designee to execute the 2011 Sub- Recipient Agreement •(SRA) and all related documents in the amount of $59,643 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), Law Enforcement Terrorism Prevention Activity (LETPA); and authorizing the City Manager or designee to accept, reject, alter or terminate the grant. (Attachment # 30) b. Ordinance appropriating $59,643 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out law enforcement terrorism prevention and protection - oriented activities (LETPA) such as planning, organization, training, exercises and purchase needed equipment. (Attachment # 30) 31. Acceptance of State grant funds for Homeland Security Medical Response Programs a. Resolution authorizing the City Manager or designee to execute the 2011 Sub - Recipient Agreement (SRA) and all related documents in the amount of $267,608.35 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System (MMRS); and authorizing the City Manager or designee to accept, reject, alter or terminate the grant. (Attachment # 31) Agenda Regular Council Meeting December 6, 2011 Page 14 b. Ordinance appropriating $267,608.35 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System Program (MMRS), into the No. 1062 Fire Grants Fund to support the integration of emergency management, health and medical systems into a coordinated response to mass casualty incidents caused by any hazard and purchase medical equipment. (Attachment # 31) 32. Acceptance of grant to develop a pipeline safety awareness program administered by the Gas Department a. Resolution authorizing the City Manager or designee to accept a grant in the amount of $49,990 from the United States Department of Transportation to enhance education, emergency response, and community awareness associated with pipeline safety issues and to execute ail related documents; and ratifying acceptance of the grant to be effective September 29, 2011. (Attachment # 32) b. Ordinance appropriating a grant in the amount of $49,990 from the United States Department of Transportation in the No. 1053, Gas Grants Fund to enhance education, emergency response and community awareness associated with pipeline safety issues. (Attachment # 32) 33. Acceptance of State grant funds for the Women, Infants and Children (WIC) program a. Resolution authorizing the City Manager or designee to accept a grant of $440,354 from the Texas Department of State Health Services to provide for the Women, Infants and Children (WIC) Program, based on a $12.34 reimbursement for each participant served, and to execute all related documents; and ratifying acceptance of the grant to begin as of October 1, 2011. (Attachment # 33) b. Ordinance appropriating a grant of $440,354 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the Women, Infants and Children Program, based on a $12.34 reimbursement for each participant served. (Attachment # 33) Agenda Regular Council Meeting December 6, 2011 Page 15 34. Acceptance of State grant funds for development and implementation of a wetland restoration plan for Oso Bay Learning Center and Wetland Preserve in conjunction with Coastal Bend Bays Foundation a. Resolution authorizing the City Manager or designee to accept a grant from the Texas General Land Office Coastal Management Program in the amount of $100,000 for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve, with a City match of $47,000 in the Fund No. 3292 Parks and Recreation 2010 GO (Bond 2008) and a $20,000 cash match from the Coastal Bend Bays and Estuaries Program, Inc. and a total project cost of $167,000. (Attachment # 34) b. Ordinance appropriating $100,000 from the Texas General Land Office Coastal Management Program in the No. 1067 Parks and Recreation Grants Fund for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve. (Attachment # 34) c. Motion authorizing the City Manager or designee to execute an agreement with the Coastal Bend Bays and Estuaries Program, Inc. for a $20,000 cash match for the Texas General Land Office Coastal Management Program. (Attachment #34) 35. Acceptance of a grant for the One Away Advocacy Campaign from the National Council on Aping (NCOA) a. Motion authorizing the City Manager or designee to execute an agreement with the National Council on Aging for funding in the amount of $20,000 for the One Away Advocacy Campaign. The contract period will be May 23, 2011 through December 31, 2011. (Attachment # 35) b. Ordinance appropriating a $20,000 grant from the National Council on Aging in the No. 1067 Parks and Recreation Grants Fund for the Elder Voices video footage project. (Attachment # 35) Agenda. Regular Council Meeting December 6, 2011 Page 16 36. Approval to amend an existing contract to purchase automated agenda management system a. Ordinance appropriating $28,900 from the Unreserved Fund Balance in the No. 1020 General Fund for services from Granicus, Inc. to implement an automated agenda management system; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $28,900. (Attachment # 36) b. Motion authorizing the City Manager or designee to execute a First Amendment to the Professional Services Agreement between Granicus, Inc. and the City of Corpus Christi for an automated agenda management system for a term of twelve months with three one -year automatic renewals, subject to annual appropriation of funds. (Attachment # 36) 37. Approval of the resale of foreclosed properties to collect delinquent ad valorem taxes Ordinance authorizing the resale of four (4) properties for minimum acceptable sales prices as follows, of which the City will receive $13,036.10, plus $3,719.35 for partial payment of City paving and demolition liens: (1) 402 Robert Drive; Lot 5, Block 1, Alameda Estates No. 3, in the amount of $12,000; (2) 5018 Cynthia Drive; Lot 34, Hilltop Village, in the amount of $1,000; (3) 7206 Eastphal Court; Lot 2, Block 3, Court of St. James Unit 2, in the amount of $53,875; and (4) 3626 Eastern; Lot 12, Airport Park Addition No. 2, in the amount of $2,000. (Attachment # 37) 38. Amendments to City Investment Policy Resolution approving amendments to the City Investment Policy to incorporate legislative changes made in 2011 to the Public Funds investment Act; and approving the investment policy as amended. (Attachment # 38) 39. Ratification of City Debt Management Policy Resolution affirming the Debt Management Policy for the City of Corpus Christi. (Attachment # 39) Agenda Regular Council Meeting December 6, 2011 Page 17 40. Temporary Infrastructure Deferment Agreement with Baker Hughes Oilfield Operations, Inc, Motion authorizing the City Manager to execute a Deferment Agreement with Baker Hughes Oilfield Operations, Inc. (Developer), in the amount of $367,153.93 for public improvements including construction of water, wastewater and storm water improvements for the Deaton Baker Subdivision, Block 1, Lot 1 located on State Highway 44, west of South Clarkwood Road and east of County Road 57, in accordance with the Unified Development Code, Section 8.1.10, Requirements for Plat Recordation Prior to Final Acceptance of Infrastructure Based on Financial Security. (Attachment # 40) 41. Award of contract for certain construction connected with Homeland Security protection Motion authorizing the City Manager or designee to execute a Job Order Contract with Barcom Commercial, Inc., of Corpus Christi, Texas in the amount of $61,906.54 for certain construction connected with Homeland Security protection. (Attachment # 41) 42. Award of contract for Turtle Cove Park/Jester Drainage Improvements Motion authorizing the City Manager or designee to execute a construction contract with H2O Construction, of Harlingen, Texas in the amount of $555,197 for the Turtle Cove Park /Jester Drainage improvements for the Base Bid. (Attachment # 42) 43. Approval of Professional Services Contract for City Wide Large Diameter Sanitary Sewer Cleaning and Inspection Program Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Coym, Rehmet & Gutierrez of Corpus Christi, Texas, in the amount of $243,413 for City Wide Large Diameter Sanitary Sewer Cleaning and Inspection Program. (Attachment # 43) Agenda Regular Council Meeting December 6, 2011 Page 18 44. Approval of. Master Implementation and Phasing Contract: Destination Bayfront Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Hargreaves Associates, of San Francisco, California in the amount of $1,315,137.50 for Destination Bayfront Master Implementation and Phasing Plan to include overall concept and schematic design phase services. (Attachment # 44) UPDATES TO CITY COUNCIL: 45. Update on Las Colonias Drainage Improvement Projects (Attachment # 45) 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, 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. Agenda Regular Council Meeting December 6, 2011 Page 19 O. CITY MANAGER'S COMMENTS: • Update on City Operations - Update on selection of Department Head positions 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 4:45 p.m., on December 1, 2011. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. S Present: Mayor Pro Tem John Marez Council Members: Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb Nelda Martinez Mark Scott Absent Mayor Joe Adame MINUTES City of Corpus Christi, Texas Regular Council Meeting November 15, 2011 - 12:00 p.m. City Staff: City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Pro Tem John Marez called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Ms. Margaret Serna, Baha'l Faith Church and the Pledge of Allegiance to the United States Flag was led by Council Member David Loeb. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required Charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the Regular Council meeting of November 8, 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: Sister City Committee John Rocha, Reappointed Jeremy Coleman, Reappointed Dr. Judith Prewitt, Reappointed Kelly Kimble, New Appointment Westi Horn, New Appointment CONSENT AGENDA Mayor Adame called for consideration of the Consent Agenda (Items 3 - 20). Council Members requested that Items 5, 6, 7, 8 and 15 be pulled for individual consideration. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting November 15, 2011 Page 2 3. MOTION NO. 2011 -253 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 used by Street Services for maintenance of City streets. Funds have been budgeted by the Street Services Department in FY 2011/2012. The foregoing motion was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adarne was absent. 4. MOTION NO. 2011 -254 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. The foregoing motion was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adame was absent. 9. MOTION NO. 2011 -259 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. The foregoing motion was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adame was absent. 10.a. MOTION NO. 2011-260 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. The foregoing motion was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adame was absent. 10.b. ORDINANCE NO. 029275 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. -2- Minutes - Regular Council Meeting November 15, 2011 Page 3 An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adame was absent. 11.a. ORDINANCE NO. 029276 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adame was absent. 11.b. ORDINANCE NO. 029277 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adame was absent. 12.a. RESOLUTION NO. 029278 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. The foregoing resolution was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adame was absent. 12.b. ORDINANCE NO. 029279 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adame was absent. Minutes - Regular Council Meeting November 15, 2011 Page 4 13.a. RESOLUTION NO. 029280 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). The foregoing resolution was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adame was absent. 13.b. ORDINANCE NO. 029281 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adame was absent. 14.a. MOTION NO. 2011 -261 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. The foregoing motion was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adame was absent. 14.b. ORDINANCE NO. 029282 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 FY2011 -2012; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase revenues and expenditures by $47,760 each. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adame was absent. 16. RESOLUTION NO. 029285 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. Minutes - Regular Council Meeting November 15, 2011 Page 5 The foregoing resolution was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adame was absent. 17. RESOLUTION NO. 029286 • 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). The foregoing resolution was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adame was absent. 18.a. ORDINANCE NO. 029287 Amending Ordinance No. 029171 regarding City Auditor; establishing a Council Audit Committee; providing for publication. The foregoing ordinance was passed and approved on second reading with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adame was absent. 18.b. ORDINANCE NO. 029288 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 second reading with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adame was absent. 18.c. ORDINANCE NO. 029289 To approve the Annual Audit Plan for FY 2011 -2012. The foregoing ordinance was passed and approved on second reading with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adame was absent. 19 ORDINANCE NO. 029290 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. -5- Minutes - Regular Council Meeting November 15, 2011 Page 6 The foregoing ordinance was passed and approved on second reading with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adame was absent. 20. ORDINANCE NO. 029291 Amending Section 63 -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 second reading with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adame was absent. The following items were 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: 5. MOTION NO. 2011 -255 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 FY2011 -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. The foregoing motion was passed and approved with the following vote: Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adler and Adame were absent. 6. MOTION NO. 2011 -256 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. The foregoing motion was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adame was absent. 7. MOTION NO. 2011 -257 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 -6- Minutes - Regular Council Meeting November 15, 2011 Page 7 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. The foregoing motion was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adame was absent. 8. MOTION NO. 2011 -258 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 (ease /financing program. The foregoing motion was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adame was absent. 15.a. ORDINANCE NO. 029283 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 $150,0.00. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, and Martinez, voting "Aye "; Adame and Scott were absent. 15.b. RESOLUTION NO. 029284 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. The foregoing resolution was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, and Martinez, voting "Aye "; Adame and Scott were absent. EXECUTIVE SESSIONS Mayor Pro Tem Marez announced the executive session which was listed on the agenda as follows: —7 — Minutes - Regular Council Meeting November 15, 2011 Page 8 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 and a motion was made by Council Member Loeb, seconded by Council Member Kieschnick and passed with the following vote: I. MOTION NO. 2011 -262 Motion authorizing the City Attorney to proceed with the litigation in Cause No. 2011 DCV- 5073 -C styled Ex Parte City of Corpus Christi, pending in the 94th District Court of Nueces County, until it is concluded. The foregoing motion was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye "; Leal voting "No "; Adame was absent. REGULAR AGENDA Mayor Pro Tem Marez Adame referred to Item No. 21. Mike Culbertson, Vice President, Regional Economic Development Corporation stated that this related to a resolution nominating TPCO America Corporation for a state incentive to provide for a refund of States sales tax. Mayor Pro Tem Marez asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 21. RESOLUTION NO. 029292 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"). The foregoing resolution was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, Scott, voting "Aye "; Adame was assent. Mayor Pro Tem Marez referred to Item No. 22. Pete Anaya, Director of Engineering stated that this item is approving a construction contract for the extension of Aquarius from Dasmarinas to Commodores. Council Member Loeb made motion to authorize staff to proceed with construction contract provided that funding for the project be from the Unreserved Fund Balance with a contingency for reimbursing those funds from bond funds should the appeal of the Aquarius Street case be successful, seconded by Council Member Kieschnick and passed. Mayor Pro Tem Marez 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 15, 2011 Page 10 $169,322.43 for the Old Police Department Building Property Storage Modifications and Demolition. 26. 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. -- 27.a. Resolution adopting the revised City's Guidelines and Criteria for Granting Tax Abatements. (Requires 3/4 vote of Council) 27.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) 28. Resolution authorizing the execution of an agreement with Corpus RP -Two, Ltd., providing for temporary property tax abatement. 29.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 2011 -2012 Operating budget adopted by Ordinance No. 029155 to increase appropriations by $225,000. 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. 30.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 FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $1,750,000. 30.b. Resolution approving the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ( "TypeA 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. 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 -9- Minutes - Regular Council Meeting November 15, 2011 Page 9 22. MOTION NO. 2011 -263 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 to be funded by the City's Unreserved Fund Balance and reimbursed with bond funds should the appeal of the Aquarius Street project case be successful. The foregoing motion was passed and approved as amended with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adame was absent. FIRST READING ORDINANCES Mayor Pro Tem Marez referred to Item No. 23. Oscar Martinez, Assistant City Manager provided an overview of the amendments to the ordinance. Mayor Pro Tem Marez asked for comments from the audience. Citizen spoke and recommended that the requirement of 5 x 5 x 5 in Section 5 be the minimum requirement. City Secretary Chapa polled the council for their votes as follows: 23. 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. The foregoing ordinance was passed and approved on first reading with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, and Martinez, voting "Aye "; Adame and Scott were absent. FUTURE AGENDA ITEMS Mayor Pro Tem Marez referred to the Future Agenda Item section on the agenda. Items 24 - 32. Mayor Pro Tem Marez stated that these items are for informational purposes only and that no action or public comment will be taken at this time. Council members pulled items 26 and 27. Staff provided a presentation on items 28, 29 and 30. 24.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. 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. 25. 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 —10— Minutes - Regular Council Meeting November 15, 2011 Page 11 Addition Lot 10, Block 1, located south of Coleman Avenue and east of South Staples Street. 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. UPDATES TO CITY COUNCIL Mayor Pro Tem Marez referred to Item No. 33, Presentation on Adoption of 2008 and 2009 Technical Construction Codes and Proposed Amendments. Mr. Stephen Draper, Interim Director Building Official stated that the 2009 Technical Codes provides the tools to promote visionary, new development, revitalization and redesign of infill projects. CITY MANAGER COMMENTS City Manager Olson referred to Oscar Martinez, Assistant City Manager and Police Chief Troy Riggs for an update on the crossing guard program. They provided a history of the program, funding of the program; alternate volunteer based program, reason for reducing the program, and partnership program with CCISD for volunteers. PUBLIC COMMENT Dan Vera spoke about funding ideas for the school crossing program; Jonathan Wood spoke about the ordinance that prohibits eagles and vultures. There being no further business to come before the Council, Mayor Pro Tem Marez adjourned the Council meeting at 3:00 pm on November 15, 2011. r 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 Chief of Police 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. _1 5_ 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 und(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 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: Octobe 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: 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 3 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 OJT Dit.Z...J (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. -21- KIENGINEERING DATAEXCHANGE 1VELMAPIPOLICE1E11O133 OLD POLICE DEPT BUILDING MODS DEMOLITIONIAGENDA 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. > 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 (GIP 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 omments. This 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. -22- K4ENGINEERING DATAEXCHANGEILYNDAIPOLICE \E110B3 - OLD PD BUILDING STORAGE UEMOIAliti■[DA FTEM.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 —23— KIENGINEERING DATAEXCHANGE IVELMAPLPOLICE1E11083 OLD POLICE DEPT BUILDING MDD5 DEMOLITIONIAGENDA ITEM.DOC.DDCX PROJECT BUDGET Ofd 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.) 250.00 Total $191,753.67 \Mproject \councilexhibits \exhEl 1083.dwg PROJECT LOCATION 1616 MARTIN LUTHER KING DRIVE OLD POLICE DEPARTMENT BUILDING PROPERTY STORAGE MODIFICATIONS AND DEMOLITION -25- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE; 1 of 1 NUM 01=1 4 AGENDA MEMORANDUM for the City Council Meeting of November 15, 2011 DATE: 11/15/2011 TO: Ronald L. Olson, City Manager FROM: CAPTION: Pete Anaya, P. E., Director of Engineering Services / petean @cctexas.com (361) 826 -3781 Troy Riggs, Police Chief troyr @cctexas,com (361) 886 -2603 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. -29- KIENGINEERING 0ATAEXCHANGEIVELMAPIPOLICE1E11082 WILLIAMS DRIVE NEW POLICE DEr t oFFICESIAGENDA ITEM.D0C.00TX 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 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. • 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 1 NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Police Department FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (GIP 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. _30 K :\ENGINEERING DATAEXCHANGEILYNDAIPOLICEIEI 1082 - WILLIAMs YULIC:r, tsUILDING\CITY 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 Perafes, Jr., P.E., Assistant City Manager —31- MENGINEERING DATAEXCHANGEIWELMAPIPOLICE \E11082 WILLIAMS DRIVE NEW POLIO utPT OFFICESSAGENDA 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\exhE11 D82.dwg WILLIAMS DRIVE NEW P.D. OFFICES -33- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 AGENDA MEMORANDUM for the City Council Meeting of November 15, 2011 DATE: 10/20/2011 TO: Ronald L. Olson, City Manager FROM: Fred Segundo, AAE, Director of Aviation 361 -289 -0171 x1258 FredS @cctexas.com CAPTION: 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. 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; providing for severance; and for publication. BACKGROUND AND FINDINGS: The FAA has requested from the City authorization to consolidate twenty existing lease agreements for operation and maintenance of the Navigational Aids at Corpus Christi International Airport. These leases will be consolidated into a Memoranda of Agreement for a term of twenty years. ALTERNATIVES: No viable alternatives considered at this time. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This Memoranda of Agreement will comply with the City's Contracting Policies & Procedures. EMERGENCY NON-EMERGENCY: Non- Emergency DEPARTMENTAL CLEARANCES: Airport Board Assistant City Manager Legal —37 —. 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): RECOMMENDATION: Staff recommends approval as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Executed MOA's Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Pereles, Jr., P.E., Assistant City Manager t 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; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or City Managers designee, is authorized to execute a twenty year Memorandum of Agreement No. DTFASW -1O -L- 00113 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. A copy of the Agreement shall be filed with the City Secretary. SECTION 2. if, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. 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. The agreement takes effect on the 61st day following City Council approval. That the foregoing ordinance was read /for the first time and passed to its second reading on this the S day of , 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: By: Lisa Aguil , Assistant City Attorney for the City Attorney e, 1J FEDERAL AVIATION ADMINISTRATION MEMORANDUM OF AGREEMENT Agreement Number DTFASW -10 -L -00113 This memorandum of agreement for the use of Airport property is made and entered into by the city of Corpus Christi, Texas, hereinafter referred to as Airport, for itself, its successors and assigns, and the Federal Aviation Administration, hereinafter referred to as the FAA. WITNESSETH WHEREAS, the parties listed above have entered into an Airport Improvement Grant Agreement; and WHEREAS, the parties listed above have entered into an agreement providing for the construction, operation, and maintenance of FAA owned navigation, communication and weather aids for the support of Air Traffic Operations; and WHEREAS, the parties consider it desirable to work in cooperation with each other in the technical installation and operation of air navigational aids to be used on Airport property; and WHEREAS, both parties agree the establishment, operation, and maintenance of systems for air traffic control, navigation, communication, and weather reporting is in the primary interest of safety and direct support of the ongoing operation of the Corpus Christi International Airport. NOW, THEREFORE, the parties mutually agree as follows: 1. TERMS AND CONDITIONS (Jun-04): It is mutually understood and agreed that the Airport requires FAA navigation aid facilities in order to operate their business and that the FAA requires navigation, communication and weather aid facilities at the Airport in order to support Air Traffic Operations. Thus, in the interest of both parties, it is hereby agreed that the Airport will allow the FAA to construct, operate, and maintain FAA owned navigation, communication and weather aid facilities in areas to be used on the Airport that have been mutually determined and agreed upon for the term commencing on October 1, 2011 and continuing through September 30, 2031. The FAA can terminate this agreement, in whole or part at anytime by giving at least sixty (60) day's notice in writing. Said notice shall be sent by certified or registered mail. (a) Together with the use of right- of-way for ingress to and egress from the premises; use of right -of -way for establishing and maintaining pole lines or under ground lines for extending electrical power and/or telecommunications lines to the premises; including use of right-of- way for subsurface power, communication and/or water lines to the premises; all right -of- ways used to be over the area referred to as Corpus Christi International Airport, to be routed reasonably determined to be the most convenient to the FAA and as not to interfere with Airport operations. The Airport shall have the right to review and comment on plans covering access and utility rights -of -way under this paragraph. (b) And the use and right to grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of navigational aid Page 1 of S —41— MOA No. DTFASW -10 -L -00113 (CRP) Corpus Christi International Airport Corpus Christi, Texas systems. The Airport shall have the right to review and comment on plans covering work permitted under this paragraph. (c) And the right to make alterations, attach fixtures, and erect additions, structures or signs, in direct support of the Airport. The Airport shall have the right to review and comment on plans covering work permitted under this paragraph. (d) And the right to park, without cost, all official and privately owned vehicles used for the maintenance and operation of the air navigational facilities. Parking shall be provided adjacent to the navigational aid facility or as near as possible without interfering with the operation of the Airport. 2. CONSIDERATION (Aug- 02): The FAA shall pay the Airport no monetary consideration, it is mutually agreed that the use and rights extended to the FAA herein are in consideration of the obligations assumed by the FAA in its establishment, operation, and maintenance of navigational aid facilities upon the premises. 3. PURPOSE (Apr -05): It is understood and agreed that the use of the herein described premises, known as, Corpus Christi International Airport shall be related to the FAA's activities in support of Air Traffic operations. 4. FAA FACILITIES (Apr -O5): The FAA facilities covered by this agreement are identified on the most current approved Airport Layout Plan (ALP) and/or other pertinent drawings that are made a part of this agreement by reference and shown on the attached FAA "List of Facilities." 5. TITLE TO IMPROVEMENTS (Apr -05): Title to the improvements constructed for use by the FAA during the life of this agreement shall be in the name of the FAA. 6. HAZARDOUS SUBSTANCE CONTAMINATION (May -00): The FAA agrees to remediate, at its sole cost, all hazardous substance contamination on the FAA facility premises that is found to have occurred as a direct result of the installation, operation, relocation and /or maintenance of the FAA's facilities covered by this agreement. The Airport agrees to remediate or have remediated at its sole cost, any and all other hazardous substance contamination found on the FAA facility premises. To the extent allowed by Texas law, the Airport also agrees to save and hold the U. S. Government harmless for any and all costs, liabilities and /or claims by third parties that arise out of hazardous contamination found on the FAA facility premises that are not directly attributable to the installation, operation and/or maintenance of the facilities on the attached FAA "List of Facilities." Page 2 of 5 —42— MOA No. DTFASW- 10- L -O0113 (CRP) Corpus Christi International Airport Corpus Christi, Texas 7. INTERFERENCE WITH FAA OPERATIONS (Oct -96): The Airport agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature within the Airport's boundaries that may interfere, with the proper operation of the navigational aid facilities installed and used by the FAA, as it is not in the best interest of the Airport or the FAA. 8. FUNDING RESPONSIBILITY FOR FAA FACILITIES (Oct -96): The Airport agrees that any relocation, replacement, or modification of any existing or future FAA's navigational aid systems made necessary by Airport improvements or changes, which interferes with the technical and/or operational characteristics of the facility, will be at the expense of the Airport, with the exception of any such improvements or changes which are made at the request of the FAA. In the event such relocations, replacements, or modifications are necessary due to causes not attributable to either the Airport or the FAA, funding responsibility shall be determined by mutual agreement between the parties. 9. NON - RESTORATION (Oct -96): It is hereby agreed between the parties, that upon termination of its occupancy, the FAA shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property used which is the subject matter of this agreement. It is further agreed that the FAA may abandon in place any or all of the structures and equipment installed in or located upon said Airport property by the FAA during its tenure. Such abandoned equipment shall become the property of the Airport. 10. ANTI- KICKBACK (OCT -96): The Anti- Kickback Act of 1986 (41 U.S.C. 51 -58) (the Act), prohibits any person from (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prune Contractor to the United States Government or in the contract price charged by a subcontractor to a prime contractor or higher tier subcontractor. 11. COVENANT AGAINST CONTINGENT FEES (AUG -02): The Lessor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of the contingent fee. Page 3 of 5 —43— MOA No. DTFASW -10 -L -00113 (CRP) Corpus Christi International Airport Corpus Christi, Texas 12. OFFICIALS NOT TO BENEFIT (OCT -96): No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. 13. NOTICES (Oct -96): AlI notices /correspondence shall be in writing, reference the Agreement number, and be addressed as follows: Airport: City of Corpus Christi Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406 Government: Department of Transportation Federal Aviation Administration Real Estate & Utilities Group, ASW -53 2601 Meacham Boulevard Fort Worth, TX 76137 14. PREVIOUS LEASE(S) /AGREEMENT(S) Upon commencement, this use agreement supersedes and hereby terminates Lease number DTFA07 -04 -L- 00560, DTFA07 -97 -L- 01062, and DTFA07- 98- L- 01123. The Airport and the FAA hereby agree to the provisions outlined in this agreement as indicated by the signatures herein below of their duly authorized representative (s). This agreement is effective upon the date of signature by the last party thereof. CITY OF CORPUS CHRISTI UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINISTRATION By: By: Title: Kendra Boome McCown Real Estate Contracting Officer Date: Date: Appra *d as to form: Ilu/ j .?'CI! EiSa ".gaiiar Assistant C ty Attorney Page 4 of 5 —44— Effective MEMORANDUM CORPUS CHRISTI MOA No. DTFASW -10 -L -00113 (CRP) Corpus Christi International Airport Corpus Christi, Texas October 1, 2011 List of Facilities OF AGREEMENT DTFASW -10 -L -00113 INTERNATIONAL AIRPORT 1 Number Facility R/W Number GSA Control Comments 1 Number 1 MALSR 35 OYC 48150 Facility site, equipment shelter, restricted critical area 2 LOC IDME . 35 OYC 48563 Antenna site, equipment shelter site, restricted critical area 3 I GS 35 OYC 48565 Facility site, critical area engine generator site 4 REIL . 35 OYC RVR 35 OYC 94299 94569 Facility site Facility site 5 3 6 I ODALS 17 CRPA PAPI . 17 CRPA 94318 94505 Facili site 7 8 MALSR 48569 Facility site, equipment shelter, restricted critical area, access road 9 LOC MOMS Antenna site, equipment shelter site 10 I'API 31 EKI 94639 Facility site 11 MALSR 13 CRP 48569 48130 E 48129 Facility site, equipment shelter, restricted critical area, access road Antenna site, equipment shelter site, restricted critical area Facility site, critical area, engine generator site 12 LOCIDME ` 13 CRP 13 • GS I3CRP 14 RVR 13 CRP 48139 Facility site 1 15 FP API i 13 CRP 94287 .._Facility site 16 . RTR _._ CRP 48127 Facility site . 17. RTR CRP 48126 Facility site 18 _ RTR CRP 48I32 Facility site _ 19 • ASOS CRP 94295 Sensor group and ACU in ATCT WEF CRP 94297 Center of the Field Page 5 of 5 —45— 6 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 unots): RECOMMENDATION: On September 2B, 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:IDEVELOPMENTSVCSSSHARIDII. PLANNING COMMISSION\?O1I CCSOCr 201110911-04 THE OTHER n'ORLCOUNCIL ACTION ITEM 0911 -44 THE OTHER DOOR.DOCX 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 "Cl" Intensive Commercial & «RM-1" Multifamily 1 Low Density Residential Low Density Residential & Commercial East "RM -1" 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 —51— Street Existing ROW & Paved Section Planned ROW & Paved Section Urban Trans. Plan Type 2005 Traffic Volume itreel South Staples Street 65' R.O.W., 28' paved 95' R.O.W., 64' paved Al Arterial 12586 Colem Ave man e 50' 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 —51— 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 Iot 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 lot 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. Zoning Report Case #: 0911 -04, The Other Door Page 3 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: . Site — Existing Zoning, Notice Area, & Ownership . Site — Future Land Use K:1PLN- DIR\SHARF611. Planning Commissian12011 PCC2011 Zoning Reports'Septembnr 201110911 -04, The Other Donr(RM -1 to 014- 1).doc -5.3- QUITO ./TENS:141)1 Q0LENEAN 4V E • 111161/11 1113 ,hrr ?tr: _ E raAarFaRMAN AV E • alai MU 111111111N HANCOCK AVE CASE: 0911-04 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 Neighborhood Comma:vier • CR-1 CR-2 CG-1 CG-2 CI CBD CR-3 FR 14 BP i.113-01t COM hi rClai Resort Commercial General Commercial General Commercial intensive Commercial Downtown Corn mercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light industrial 1H Heavy Industrial PUD Planned Unit Dev. Overlay RS-10 Single-Family 10 RS-6 Single-Family 6 Single-Pamily 4.5 RS-TF 7v/0-Family its,15 Two-Family RE Residential Estate RS-TH Townhouse sp Special Permit RV Recreational Vehicle Park RMH Manufactured Home Owners Swilith r h 200' buffernY 0 In favor 4 Owners within 200 listed an 'V Owners attached ownership ladle /1 in apposition LOCATION MAP m MDR F'I'SH PO CASE: 0911 -04 4. SITE- FUTURE LAND USE m Agricultural/Rural Tourist Estate Residential Low Density Res. Med Density Res. High Density Res. Mobile Home Vacant Professional Office coN Commercial Transportation Plan Exlsfing Ptaposed retirrr Expressways Nom �—^�- Arterials Collectors --- INS Parkway 000 +- Railroad J- m m DC DP ( IcP.t Research /Business Park Light Industrial Heavy industrial Public Semi - Public Park Drainage Corridor Dredge Placement 1GNE Water Conservation /Preservation Map Scale: 1:2,400 55 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 amended1a reflEo the ameiment to the UDC made by Section 1 o th[s 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 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 B. 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: Thisc>27 day of . , 2011 eborah Walther Brown Assistant City Attorney For City Attorney K:1 Leg31 1SHAREDILEGAL- DEV.SVCS12011 AgendalJames P Brown\10 -25 -11 No 0811 -04 Brown, James P (RM -1 to CN -1) PLANNING COMMISSION RECOMM, FinalDWB.doc —57— Page3of3 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. l /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:1 LegalISHAREDILEGAL- DEV.SVCS12011 Agenda\James P Brownll0 -25 -11 No 0911 -04 Brown, James P (RM -1 to CN -1) PLANNING COMMISSION RECOMM, FinalDWB.doc —58— CASE: 0911-04 Exhibit A Planning Commission & Staff Recommendation From: "RM -1" .Multifamily 1 To: "CN -1" Neighborhood Commercial Ordinance No. 1 ILo olTioN MAP ` .5 7 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 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 appllcanfs 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 -63- 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 Fund(s): 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:SDEVELOPMENTSVCSLSMARED\1. PLANNING COM IISSION12011 CCSOCT 201110911-05 TEXAN TRAIL PROPERTIES, LLC COUNCIL ACTION ITEM 0911 -05 TEXAN TRAIL PROP. LLC.DOCX —64— 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 comer 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 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. Street ;.O.W. Street Existing ROW and Paved Section Planned ROW and Paved Section Urban Trans. Plan a Type Traffic Volume 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 walkable6c5mmunity. With a variety and the availability Zoning Report Case #: 0911 -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, Block 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. —66— 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. :ii 5 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 1C\PLN- DIR1SHAREDI1. Planning Commission;2D11 PC12011 Zoning ReportslSeptember 2x1110911 -05, Texan Trail Prop.(RM -1 to CO- 2).dae _B7_ 29 28 46 4 16 15 54 ("N.OALe P ' 1y�fED' CAL B�, 4L R' _ �ChlIQ�O•_,L T' 6-R $(1TT H E TR44E.T CND Ft$H+ER $C4 fly. 4KYrf - 1 PaPE T'RA c r 0 09/13/206 Prepared By: SIR Department of Development Bemires 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 MurtlfamllyAT CN -1 Neighborhood Commerciar CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commerciar CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Perm 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 El RS.4 S Single- Famlly4.5 RS -TF Teo-Family RS -15 Two-Family RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Properly pwnera with 200' buffer In favor 4 Owners within 200' listed on v Owners attached ownership fable in opposition cotpris Christ. n LOCATION MAP RS -• 1' COM P LDR 09/131201f Prepared 9y: SRR Department of Development Services CASE: 0911 -05 4. SITE- FUTURE LAND USE m Agricultural /Rural m Estate Residential Low Density Res. Med Density Res. High Density Res. ® Mobile Home Vacant m Professional Office COM Commercial .Transportation Plan Existing Proposed Expressways ea•mi Arterials - Collectors - - - -• MN Parkway 000 1- Railroad 'f-H++ Tourist Research /Business Park Light Industrial Heavy industrial Public Semi- Public Park Drainage Corridor Dredge Placement Water Conservation/Preservation Map Scala: 1:2,400 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 on this day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City-Secretary Mayor, City of Corpus Christi f�- APPROVED AS TO FORM: This (>49 'day of S c2 f$ , 2011 J' orah Walther Brown ssistant City Attorney For City Attorney K:1 Legal \SHARED\LECAL- DEV.SVCS12011 Agenda111- 15- 11 \Texan Trail Properties, LLC110 -25 -11 No 0911 -05 ORD -Texan Trail Properties, LLC (PC & staff Recomm RM -1 to ON)ORDFina!DWB.doc —71— 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:1LegaRSHAREDILEGAL- DEV.SVCS12011 Agenda111 -15 -11 \Texan Trail Properties, LLC110 -25 -11 No 0911 -05 ORD -Texan Trail Properties, LLC (PC & Staff Recomm RM -1 to ON)ORDFinaIDWB.doc —72— 11)M 4 0: P „4 No r :a {A4 .B • /'V4 L T. ` : or 6 -R iit I/ T T 11 e r—BA. R M- 4 0.011 00.1 PrePar d0 -PAR . _ Depar'anent.gfDevdlgpm®10.00IGe ).911 -05 Exhibit A Planning Commission & Staff Recommendation From: "RM -1" Multifamily 1 To: "ON" Office LoCArroN :MAP. —73— S 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 Animal Control Amendment of Ordinance For the keeping of urban chickens. CAPTION: 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: NIA 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 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 . unots): 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 arty 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 Districtl, 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 Page 1 of 4 —79— "(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 (7); "(2) The fowl are kept or used for egg 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 Ionq 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 —80- "(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. "(ekel 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 - • _ _ , e • _ _ - _ - - _ _ 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 Page 3 of 4 _81 — The fore oing ordinance w s read for the first time and passed to its second reading on this the iS--"'�` day of no ✓ , 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 A4-- 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: 1, aoll Eliz -.e h R. Hundley Ass, -nt City Attorney for the City Attorney Joe Adame Mayor EHord348 Urban Chickens 20111101 Page 4 of 4 _g2_ 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: CAPTION: Mike Culbertson (361) 882 -7448 m cu l bertso n ©ccredc. com Revision of the City's Guidelines and Criteria for Granting Tax Abatements. (requires 3/4'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 2Q09 — 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: —85— 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 16 -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 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 Adarne City Secretary Mayor APPROVED: day of (ciaiw , 2011. R. Jeining First Assistant City Attorney For City Attorney Revised Tex Abatement Guidelines Resolution — 10052011.docx —87— 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 — 10052D11.docx —88— 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 2011 TAX ABATEMENT SUPPLEMENTAL GUIDELINES AND CL-B-9-L- • 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 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 R rjr 10052011 rev 1 "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. "Mufti-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 —91— "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 CI6IT,ERIA rjr 10052011 rev 1 (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 C T R'A qr /0052011 rev 1 (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. (i) 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 CETEIA rjr 10052011 rev 1 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 1 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 Jobs' 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: ' 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 Year Level 1 Level 2 - Level Levei•4 Levels Year 1* 100% 100% 100% 100% 100% Year 2* 100% 100% 100% 100% .100% Year 3 • 100% 100% • 100% 100% 100% Year4 75% 100% 100% 100% 100% Years • •50% 75% 100% 100% 100% Year 6 25% 50% 75% 100% 100% Year 7 25% 50% 75% 100% Year8 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 $10M) 1/1/12* 0 100% 100% 1/1/13* 0 100% 100% 111114 150 75% 75% 111115 250 100% 75% 1/1/16 150 75% 50% 1/1/17 50 50% 50% 111118 250 100% 25% *Construction Period 8 2011 TAX ABATEMENT SUPPLEMENTAL GUIDELINES AND CRITERIA rjr 10052011 rev 1 (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 $50,000 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 = $450,000/$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 CPJ R1A rjr 10052011 rev 1 (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 CFTeRIA rjr 10052011 rev 1 (3) The Added Value of new Eligible Property (and certain personal property added in connection with a Rehabilitation Project) is taxable, Tess 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 crg RIA rjr 10052011 rev 1 (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 Tong -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 C321, FRIA rjr 10052011 rev 1 (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 CiR6 RIA rjr 1 005201 1 rev 1 (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 9 J RIA rjr 10052011 rev 1 (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 fling 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 CFtITSRIA rjr 10052011 rev 1 (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 CRIXERIA rjr 10052011 rev 1 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). 11 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. 2011 TAX ABATEMENT SUPPLEMENTAL GUIDELINES ANDZTOIRIA rir 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 APPROVED: 6 day of 0,j,, ICI- , 2011. THE CITY OF CORPUS CHRISTI Joe Adame Mayor R. 9 R !Wing First sistant City Xttorney For City Attorney Tax Abatement Incentive Policies — Amendment Resolution — 10052011.docx —106— Corpus Christi, Texas Page 2 of 2 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 -107- TAX ABATEMENT Policy Description: The Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, www.statutes.Iegis. state .tx.us /Docs)TX/pdfITX.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 _father 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. Economic incentive Policies — Tax Abatement 2009 -2011 rjr 10010618dacx 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 00,000,000 Level 5 Economic Incentive Policies — Tax Abatement 2009 -2011 rjr 10032A61iocx 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 the-Renewal-Community 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-Renewal-Community 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 10032p111aocx 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 (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 the-Renewal-Community 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-Renewal-Community 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 10032p111aocx (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 1 Level 2 Level Level4 Level 5 Year1* 100% 100% 100% 100% 100% Year 2* 100% 100% 100% 100% 100% Year 3 100% 100% 100% 100% 100% Year4 75% 100% 100% 100% 100% Year 5 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% *Includes the The 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 shall 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 1003901111 fir 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. 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. (3) (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 10032 1jl 2acx 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 Taws ") 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) 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. How to Apply: 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.comfeconomicdevelopment to download the application. Economic Incentive Policies — Tax Abatement 20D9 -2011 rjr 10011 y-,-y 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 2009 -2011 rjr 100390114docx 10 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: CAPTION: Mike Culbertson (361) 882 -7448 mculbertson @ccredc.com 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 / NON-EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Rudy D. Garza, Interim Assistant City Manager —1 1 7— 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: 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 -1 18- 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 — 11 9- APPROVED: 5th day of October, 2011. R. fining First A sistant City Attorney For City Attorney Corpus RP Two Tax Abatement Agreement Resolution — 10052011.docx —120 -- 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.doox —121— 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 "). L 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." It 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). Page 1 of 16 Corpus RP 2 Tax Abatement Agreement 10052011.docx -1 2 2- (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 Page 2 of 16 Corpus RP 2 Tax Abatement Agreement 10052011.docx -123- 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. 111. 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 (R187185) Land $52,431.00 Improvements $707,796.00 Account No. 0336 - 0000 -0080 (R187186) Land $33,712.00 Improvements $341,308.00 Account No. 6745 -0014 -0010 (R285091 Land $13,843.00 Corpus RP 2 Tax Abatement Agreement 10052011:doox Page 3 of 16 —124— 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 _125_ 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% Years 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. Page5ofl6 Corpus RP 2 Tax Abatement Agreement 10052011.docx —1 2 6— [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 -127- 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. VIII, 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 fax 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 7 of 16 Corpus RP 2 Tax Abatement Agreement 10052011.dacx -128- 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 8of16 Corpus RP 2 Tax Abatement Agreement 10052011.docx -129- 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 9of16 Corpus RP 2 Tax Abatement Agreement 10052011.docx -130- (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, Texa's 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 1005201 1.docx —131— 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 partnerships) 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 llofl6 Corpus RP 2 Tax Abatement Agreement 10052011.docx —132— 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 12 of 16 Corpus RP 2 Tax Abatement Agreement 10052011.docx -133— OWNER: CORPUS -RP - TWO, LTD. By: Corpus NHGP - Two, Inc. Its General Partner By: Heber S. Lacerda President Corpus NHGP - Two, Inc. ACKNOWLEDGMENT STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF GL.§ This instrument was acknowledged before me on C) b-,, -r - , 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. ��ri LCD ,•,G vr-Y z�•(r- NOTARY PUBLIC, State of Texas ,`��R "? "� MISTAN SCHMIDT c► �e •. 6. r• '" ' Notary Public, State of Texas ' 4e� My Commission Expires �,f5 July D1, 2014 Page 13of1e Corpus RP 2 Tax Abatement Agreement 10052011.docx -134- 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. ** "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 shall include firms, businesses, and persons who reside in or maintain an office in either Nueces County or San Patricio County. Page 14 of 16 Corpus RP 2 Tax Abatement Agreement 10052011.docx —135— - 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 -136- 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 -137- 11 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 Pt/ (361) 882 -7448 mculbertson @ccredc.com CAPTION: Amendment to the Type A Grant for the Del 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: -141- 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 (GIP 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 Mar 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: IVove,.,ee►Z j 0 , 2011. Ban Napfgez 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 THE 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 Approved: 3? Joe Adame Mayor day of Ocimbcz , 2011. L. BriarflVary 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 COLLEQE 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 bets the Corpus Christi Business-and 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 betweert the Corpus Christi B sine -ss and Job Development Corporation and Del Mar College for Development of the Aviation Maintenance Technician Training Facility at Corpus Christi International Airport, dated ,*/ 1t. Z4 , 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 Gel 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, inckAing. instructional. al. equip nt: 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 Job 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 $1,166-,270. 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 -147- 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, alf other terms, provisions, requirements, and specifications contained in the Agreement snafu remain in full force and effect. 5. This Amendment shall be governed by the laws of the State of Texas. CORPUS CHRISTI BUSINESS & JOB DEVELOPMENT CORPORATION By Date: Attest: By: Eby Salazar President Armando Chapa Secretary Page2of3 -148- DEL MAR COLLEGE Ma Escamilla, Ph.D. President Date: l0 - Z d -// THE STATE OF TEXAS COUNTY CIF 146jEOE This instrument was acknowledged before me on �T ,Z , 2011, by Mark Escamilla, Ph.D., as President of Del Mar College, a political subdivision of the State of Texas, on behalf of the college. ary Public State of Texas . J s�SICA ANN ALAN1Z Notary Public STATE OF TEXAS ..orY My Comm. Exp. 07- 16.2012 Page 3 of 3 -149- 12 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, VP, CCREDC1 CAPTION: (361) 852 -7448 mculbertson©ccredc.com 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. —153— 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 This item 1,750,000 1,750,000 BALANCE 1,750,000 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 —154— 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: City of Corpus Christi Armando Chapa City Secretary Joe Adame Mayor Approved: 3 1 day of 0 , 2011. L. Brian Narvaez Assistant City Attorney For City Attorney 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 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.,/thremk,eiz. o , 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 for 15 years; 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, 2019; 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 161— 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 —1 62— 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 163 — race, religion, national origin; marital status, sex, age, disability, or in any mariner 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. Page4of9 2011 -10 -03 LBN BUSINESS INCENTIVE AGREEMENT - Craft _1 64— 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 arty 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_ 1 6 5— 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 _166— 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. Severabiiity. 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. Page 7 of 9 2011 -10 -03 LBN BUSINESS INCENTIVE AGREEMENT - Craft_ 167— 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: B Eloy Salazar President Armando Chapa Assistant Secretary Page 8 of 9 2011 -10-03 LBN BUSINESS INCENTIVE AGREEMENT - Craft_ 1 68— Associated Builders.& Contractors. Merit Shop Training Program, Inc. dba Craft Training Center of the Coastal Bend By: 644-,kt-e rev Anne Matula President Date: U-e-/r-o'tc)a- - V► 02D 1/ THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 31 , 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 oViiiurilsiiip y • J �. y z _ j , 1, r Page9of9 2011 -10 -03 LBN BUSINESS INCENTIVE AGREEMENT - Craft —1 69- 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 —170— 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. Severabi I ity. 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 —171— 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 City Manager Date: Attest Armando Chapa City Secretary Eloy Salazar President Date: Approved as to Legal Form: , 2011. L. Brian Narvaez Assistant City Attorney for City Attorney Page 3 of 3 —1 7 2— 13 DATE: TO: FROM: AGENDA MEMORANDUM for the City Council Meeting of: Presentation December 6, 2011 Action December 13, 2011 December 1, 2011 Ronald L. Olson, City Manager 0 Pete Anaya, P.E., Director of Engineering Services petean@cctexas.com, (361) 826 -3781 Ordinance to Appropriate Street Construction Funds: Aquarius Street — Das Marinas to Commodores PURPOSE: Ordinance appropriating and approving the transfer of funds in the amount of $950,000 from the Unreserved Fund Balance in the No. 1020 General Fund for the prior and current expenditures, including construction, of the Aquarius Street Project from Dasmarinas to Commodores into the Street Capital Improvement Fund 3530; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing appropriations by $950,000 in the No. 1020 General Fund. BACKGROUND AND FINDINGS: On November 15, 2011, the City Council was presented an agenda item to award a construction contract to Haas Anderson Construction, Ltd. of Corpus Christi, Texas, in the amount of $1,303,865.60 for the base bid and alternates 1 - 3 for Aquarius Street from Dasmarinas to Commodores. The City Council amended the motion and voted to award the contract using City reserves to pay for the costs of the Bond 2008 street portion of the project. This agenda item will appropriate the funds from the General Fund unappropriated reserves and transfer the funds to the Capital Improvement Budget so the construction contract may be certified and executed. Aquarius Street was approved by the voters as part of the 2008 Bond Election. This contract will result in the construction of Aquarius Street between Dasmarinas and Commodores. The street will be constructed with hot mix asphaltic concrete (HMAC) pavement. The work includes curb and gutters, sidewalks, curb ramps, pavement markings, street, speed and regulatory signs, traffic control, storm water, wastewater, and water improvements. The new Aquarius right of way is a total of 80 feet wide. The street will be constructed with both boulevard and standard sections. The boulevard section consists of an 18 foot median with two 16 foot street sections (curb back to curb back) and 15 foot wide green /sidewalk area between the curb and property line on both sides of the street. The standard section has a single street section of 40 foot width (curb back to curb back) and a 20 foot wide area between the curb and property line on both sides of the street. Both sections will include an 8 foot wide sidewalk on one side of the street. The Aquarius alignment facilitates access from Fire Station 15 on Commodores to Dasmarinas. The contract requires the work be completed within 140 calendar days are notice to proceed. It is anticipated construction will be complete no later than March of 2012. —175 - K:1Engineering DataExchangelLyndalStreets1200$ Bond Issue16472 - Aquarius\Construction ContractlOrdinance Agenda.docx ALTERNATIVES: 1. Award the motion as proposed. 2. Reject the motion and delay the project further. FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense ❑ 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 Encumbered /Expended Amt. $296,700.00 $296,700.00 This item $950,000.00 $950,000.00 BALANCE FUNDS: Street, Storm Water, Wastewater & Water CIP Fund RECOMMENDATION: City staff recommends this Ordinance be approved so a contract may be executed with Haas Anderson, Ltd. of Corpus Christi, Texas for the Aquarius Street Project from Dasmarinas to Commodores. CONFORMITY TO CITY POLICY: The procurement process conforms to the Texas Local Government Code for public works projects and the FY 2011 -12 Capital Budget. EMERGENCY / NON-EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Not Applicable. LIST OF SUPPORTING DOCUMENTS: Ordinance Cc: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager -176 -- K:lEngineering DataExchange\LyndalStreets1200$ Bond Issue16472 - Aquarius\Construction ContractlOrdinance Agenda.docx Page 1 of 2 Ordinance appropriating and approving the transfer of funds in the amount of $950,000 from the Unreserved Fund Balance in the No 1020 General Fund for the prior and current expenditures including construction of the Aquarius Street Project from Dasmarinas to Commodores into and appropriating in the Street Capital Improvement Fund No. 3530; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing appropriations by $950,000 in the No. 1020 General Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That $950,000 is appropriated and transferred from the Unreserved Fund Balance in No. 1020 General Fund for the prior and current expenditures including construction of the Aquarius Street Project from Dasmarinas to Commodores into and appropriating in the Street Capital Improvement Fund No. 3530. Section 2. The FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 is changed to increase appropriations by $950,000 in the No. 1020 General Fund. Page 2 of 2 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 John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick David Loeb Priscilla G. Leal 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 John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick David Loeb Priscilla G. Leal PASSED AND APPROVED on this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to legal form: 01- Dec -11 By: Lisa Aguila Assistant City Attorney for the City Attorney Joe Adame Mayor 14 AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 DATE: 11/11/2011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Director of Development Services stephend @cctexas.com (361) 826 -3246 CAPTION: Appropriation of funds from the Sanitary Sewer Trust Fund for the Zahn Rd. lift station and force main project. Ordinance appropriating $650,000.00 from the Sanitary Sewer Trunk System Trust Fund No. 540450- 21800- 4220 to pay the Preserve at Mustang Island, LLC, for the construction and installation of a master plan lift station with 8 -foot diameter wet well, 8,376 linear feet of a 4 -inch and 6 -inch PVC dual force main, and related appurtenances, located east of State Highway 361, south of Zahn Road. BACKGROUND AND FINDINGS: The Preserve at Mustang Island, LLC, owner and developer of Tortuga Dunes Subdivision, has completed the construction of the Zahn Road Master Plan Lift Station with 8 -foot diameter wet well, 8,376 linear feet of a fl- inch and 6 -inch PVC dual force main, and related appurtenances. Per the Reimbursement Agreement approved by City Council on March 31, 2009, and executed on April 1, 2009, the developer is eligible for reimbursement, provided the funds are available in the Sanitary Sewer Trust Fund. The total commitment from the Sanitary Sewer Trunk Trust Fund for this project was $2,457,890.25. This amount exceeded the Sanitary Sewer Trunk Trust Fund balance. At this point $946,503.00 has been appropriated and paid to The Preserve at Mustang Island, LLC, with a remaining balance of $1,511,387.20, to be paid. The current request, if approved, will bring the remaining reimbursement agreement balance down to $861,387.20, which will be appropriated and dispersed as the Sanitary Sewer Trust Fund is replenished through the collection of wastewater acreage fees required by the platting ordinance. ALTERNATIVES: No alternatives exist as the applicant has an approved reimbursement agreement for the identified amount. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The owners and developers of the Tortuga Dunes subdivision extended public wastewater off site of their property and met the eligibility requirements of the Platting Ordinance to receive reimbursement from the trust funds for those costs. EMERGENCY / NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: Operating Expense und(s): Sanitary Sewer Trunk System Trust Fund RECOMMENDATION: City staff recommends approval of the appropriation as presented. LIST OF SUPPORTING DOCUMENTS: Location Map Reimbursement Agreement Approvals: Deborah Brown, 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 —182— Project to Date Expenditures Fiscal Year: 2011 -2012 (CIP only) Current Year Future Years TOTALS Line Item Budget $699,596.30 Encumbered / Expended Amount $1,511,387.25 This item $650,000.00 BALANCE (- $861,387.20) und(s): Sanitary Sewer Trunk System Trust Fund RECOMMENDATION: City staff recommends approval of the appropriation as presented. LIST OF SUPPORTING DOCUMENTS: Location Map Reimbursement Agreement Approvals: Deborah Brown, 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 —182— ZAHN ROAD LIFT STATION DESIGN MEMORANDUM CORPUS CHRISTI, TEXAS 11_'i - \,4fti11FFII ['.\l;L \h,E.IZIAG, I .S. �, l;11.I 1.7.11t,1: • 1 L\'.I1:1 11 ifa[. • S1 I 1115 -183- TOR1NTERIN REVIEW POAPERNIT PURPOSES ONLY NOTPON LVNSMUCT1ON OR MOPING CONSTRUCTION AND REIMBURSEMENT AGREEMENT Tortuga Dunes /Zahn Road / Packery Channel Development Area Wastewater Lift Station and Force Main Improvements THE STATE OF TEXAS COUNTY OF NUECES This Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi ( "City "), a Texas home -rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and Forester (USA) Real Estate Group Inc., a Delaware corporation duly authorized to do business in Texas ( "Developer"), whose headquarters is located at 8300 Bee Caves Road, Building Two, Suite 500, Austin, Texas 78746. WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 33.53 acres called The Preserve at Mustang Island, Unit 1, along Zahn Road, as shown In the attached EXHIBIT 1; WHEREAS, the City's Whitecap WWTP Service Area Master Plan requires the construction of a lift station and dual force mains in order for the Packery Channel Development Area and The Preserve at Mustang Island, Unit 1, and adjacent areas in Whitecap WWTP Service Area 11 to have sanitary sewer service; WHEREAS, the provision of central wastewater service and additional area infrastructure improvements are necessary to timely advance the joint development goals of the Packery Channel Development Area, as intended by the City and the General Land Office of the State of Texas, and as enumerated in the Padre island Action Plan; WHEREAS, the Iift station and dual force mains are not in place at this time, but these improvements are included in the City's Wastewater Treatment Plant Master Plan for the Whitecap WWTP Service Area, to provide City wastewater service to Service Areas 11 and 12; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of the lift station and dual force mains; WHEREAS, under the Platting Ordinance, the Developer Is eligible for full reimbursement of the Developer's costs incurred for the construction of the lift station and dual force mains on behalf of the City; WHEREAS, it is essential that the lift station and dual force mains be constructed in connection with The Preserve at Mustang Island, Unit 1, development for service to be provided upon completion of The Preserve at Mustang Island, Unit 1; and WHEREAS, it is to the best interest of the City and the Developer for the Zahn Road Lift Station and dual force mains be constructed in accordance with the City of Corpus Exhibit B. Page 1 of 8 Trust Fund RetmbAgrmenl - Zahn Road LS FM rjr -bcr 03022009 (2).doc —184— Christi Ordinances as specified In the Wastewater Treatment Plant Master Plan for the Whitecap WWTP Service Area and within the Zahn Road Lift Station and Force Main Design Memorandum; NOW, THEREFORE, for and in consideration of the mutual covenants In this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the Zahn Road Lift Station and Dual Force Mains under the Design Memorandum as required for the Packery Channel Development Area, the Preserve at Mustang Island and for additional adjacent property in Service Areas 11 and 12, in compliance with the City's Platting Ordinance and under the plans and specifications approved by Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer has contracted with a professional engineer, Naismith Engineering, Inc., who were acceptable to the City's Development Services Engineer, which firm has prepared and obtained the January 22, 2008 approval of the City's Development Services Engineer for the Zahn Road Lift Station and Force Main Design Memorandum; which firm has also prepared detailed plans and specifications for the Zahn Road Lift Station and Force Mains, with the following basic design parameters: (1) LIFT STATION: (a) Lift station structure designed for ultimate capacity of 0.6 MG D. (b) Pump installation and design will be based on the following phasing with Developer installing Phase 1 as part of this Agreement: (i) Phase 1 initial design Q =121 GPM. (II) Phase 2 add force main capacity Q =277 GPM (iii) Phase 3 add Svc. Area 12 flows Q -418 GPM or 0.6GPD. (2) DUAL SANITARY SEWER TRUNK FORCE MAINS: (a) Install 7,124 feet of 4" PVC and 1,400 feet of 4 "HDPE sanitary sewer force main line and appurtenances. (b) Install 7,124 feet of 6" PVC and 1,400 feet of 6" HDPE sanitary sewer force main line and appurtenances. (c) At the Packery Channel crossing, install four (4) additional pipes in the existing channel crossing sleeve, each 1,400 feet long, three (3) of 8" HDPE, and one {1) of 2" HDPE, and appurtenances. Page 2 of 8 Trust Fund Relrnbggrrnent - Zahn Road LS FM rJr -bcr 03022009 (2).doo —1 85— (d) The force mains described in subparagraphs (a), (b), and (c) of this paragraph will begin at the Zahn Road Lift station and end at an existing wastewater manhole located at a point across South Padre island Drive (Park Road 22) designated by the City, where they will terminate at an existing manhole. The size of the force mains were dictated by the design as approved by the City of Corpus Christi. b. The plans and specifications for the lift station and dual force mains are those prepared by Naismith Engineering, Inc., under Job No. 7818, dated and sealed on June 5, 2008. 3. SITE IMPROVEMENTS. Prior to construction of the lift station and dual force mains, Developer shall acquire from General Land Office (for the Permanent School fund) the two sewer easements and from a private landowner one sewer easement to permit the dual force mains to be connected across Packery channel to the City of Corpus Christi Whitecap sewage collection system at a manhole located at a point adjacent to. South Padre Island Drive (Park Road 22) as identified and directed by City of Corpus Christi. These easements will be granted to the City of Corpus Christi or upon City acceptance of improvements dedicated to the City of Corpus Christi, as instructed by the City. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the Platting Ordnance, if any. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer has taken bids for the work under the requirements of the City of Corpus Christi, and shall award a contract and complete the lift station and force mains, under the approved plans and specifications, no later than 270 working days after the date of approval of this Agreement by the City of Corpus Christi (subject to extension for force majeure delays). 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this agreement. 7. DEFAULT. a. The following events constitute default: 1. Developer fails to award a contract for the construction of the project, under the approved plans and specifications, by the 30th calendar day after the date of approval of this Construction and Reimbursement Agreement by City Council. 2. Developer's contractor does not reasonably pursue construction of the project under the signed bid documents accompanying the approved plans and specifications. 3. Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before 240 work days after receiving notice to proceed (subject to extension for force majeure delays). Page 3 of 8 Trust Fund ReimbAgrment - Zahn Road LS FM rir -bor 03022009 (2).doc —186— b. In the event of default, the City has all its common law remedies in addition to the following: 1. Cancellation of this reimbursement agreement after notice and opportunity to cure as provided herein. 2. Refusal to record plat(s) or issue any certificate of occupancy for any structure to be served by the project. 8. THIRD -PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City shall be a third party beneficiary of each contract. 9. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute to Developer and the City a performance bond if the contract Is In excess of $100,000 and a payment bond If the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253, and must be In the form and substance as attached to this agreement. The performance and payment bond must name Developer and City as joint obligees. 10. NOTICE AND CURE. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party at the following address: 1. If to the Developer: Forester (USA) Real Estate Group Inc. 6300 Bee Caves Road, Building Two, Suite 500. Austin, Texas 78746 Attn: Wayne McDonald, Senior Vice President With copy to: Forester (USA) Real Estate Group Inc. 8300 Bee Caves Road, Building Two, Suite 500 Austin, Texas 78746 Attn: General Counsel Page 4 of 8 Trust Fund Re'srnbAgrm ant - Zahn Road LS FM rjr -bcr 030220009 (2).doc —187— 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P. O. Box 8277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Should Developer fail to perform any obligation or duty of this agreement, the City shall give written notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer commence to perform the obligation or duty within 25 days after receipt of such notice, and continue such performance with diligence, then no event of default shall be deemed to have occurred. c. But if Developer should fail to perform or commence to perform the required obligation or duty within 25 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. d. In the alternative, in the event of Developer's failure to cure or commence to cure any such breach within 25 days after receipt by Developer of a second notice in writing from City of the need to perform the obligation or duty, the City may terminate this agreement. e. if City has performed an obligation or duty of Developer, then Developer shall pay to City the cost of such performance within 30 days from the date Developer receives written notice and substantiation of the cost to City of such performance. f. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. g. The provision for notice and cure contained in this agreement do not apply to a default under Section 7(a) of this agreement. h. The dates for completion of the lift station and dual force mains may be extended for each day that completion is delayed by inability to obtain labor or materials, weather making the work impracticable, acts of God, or other forces beyond the control of Developer (but not financiai Inability). These causes of delays are called "force majeure ", 11. WARRANTY. Developer shall have contractor execute a warranty of the workmanship of the Iift station and dual force mains for a period of one year from and after the date of acceptance of the facilities by the Development Services Engineer. The warranty must be assigned and transferred to the City upon completion of this project. Page5of8 Trust Fund RefmbAgrment - Zahn Road LS FM rjr -bcr 03022009 (2) doc —188— 12. REIMBURSEMENT a. Subject to availability of funds in the Sanitary Sewer Trunk System Trust Fund, and the appropriation of the funds by the City Council, the City will reimburse the Developer 100% of the cost of the lift station and dual force mains, including in the calculation of such cost, but not limited to the following items: The payments to a contractor for the construction and installation of the lift station and dual force mains, costs of permits and inspection fees, costs of design and construction inspection, costs of easements from General Land Office and private parties, and the costs of environmental permitting, but not including the costs of mitigation of Impacts. The costs to be reimbursed are those described on "Project Costs - Exhibit B" prepared by Naismith Engineering, Inc,, and attached hereto. The City will, contingent on collection of sewer acreage and lot fees, continue to deposit funds into the Sanitary Sewer Trunk System Trust Fund consistently with past practices. b. If funds are available and appropriated during the construction of the lift station and dual force mains, the City agrees to reimburse the Developer on a monthly basis and upon invoicing for work performed. Reimbursement of eligible costs will be made by the later of within 15 days from the date of invoice or 15 days from funds becoming available and appropriated. c. To be eligible for reimbursement, the work completed to date must comply with the approved plans and specifications, and have been inspected and are acceptable by the City, which Inspection and acceptance will not be unreasonably delayed, withheld or conditioned. d. If funds are not available or appropriated until after the work has been completed, the City will reimburse the Developer when the funds are available and appropriated in the Sanitary Sewer Trunk System Trust Fund. The order of reimbursement of un- reimbursed developers will be determined according to the dates the sanitary sewer trunk system construction and reimbursement agreements are approved by the City Council. Only two projects, being Bahia Vista Subdivision Unit! and 37 Industrial Park, are currently beneficiaries of dates of reimbursement agreements approved by City Council which are earlier than the lift station and dual force mains which are the subject of this agreement. 73. INDEMNIFICATION. Developer shall Indemnify and hold harmless the City, its agents, officers, and employees (Indemnitees "J from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this lift station and dual force main construction. 14. DISCLOSURE OF OWNERSHIP INTEREST. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of Page6of8 Trust Fund ReirnbAgrment - Zahn Road LS FM rjr -bcr 03022009 (2).doc —189 this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit "Cu 15. AGREEMENT EFFECTIVE. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date oexecution, EXECUTED IN DUPLICATE originals, this 21 day of Aa.ild , 2009. ATTEST: THE CITY OF CORPUS CHRISTI By: fee ‘044 Armando Chapa ngel R. Escobar City Secretary City Manager APPROVED AS TO FORM: .� day of Aar. 4 , 2009 By: R. Jay InJ First ssistant City Attorney THE STATE OF TEXAS COUNTY OF NUECES AUTHO Zko 444444444 541(4 SECtETAIIV gn. This instrument was acknowledged before me on , 2009, by 'Angel R. Escobar, City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. LA3 1&01/4Zt- Notary Pubb, State of mixes Page 7 of 8 Trust Fund ReimbAgrment - Zahn Road LS FM rjr -bcr 03022009 (2).doc —190— DEVELOPER: FORESTAR (USA) REAL ESTATE GROUP INC. By: (N ME] [TITLE] THE STATE OF TEXAS COUNTY OF NUECES This Instrument was acknowledged before me on 1Y\.M.O.AL l a , 2009, by j0,49 atbohald ., Senior Vice President of Forestar (USA) Real Estate Group Inc., a Delaware corporation on behalf of the corporation Notary Public, State of Texas µlllllhrrl SOPHIA A, WILCOX a . Ndary Pablfc Stain at Taxas «[1 «g ;...... ,r MARCH 20, 2010 Page8of8 Trust Fund ReimbAgrment - Zahn Road LS FM rjr -bcr 03022009 (2).dcc Project Costs - Exhibit B Title; Zahn Road Lift Station & Force Main NMI,: 7818 Date Award: Original Contract Amount: Total Change Order Amount: Adjusted Contract Amount: September 2, 2008 $2,457,890.25 $0.00 52,457,890.25 NEE Engineer: Craig B. Thompson, P.E- NE[ Contact; Thomas Tiffin Date Contract Commenced: Original Contract Days: Change In Contract Days: Adjusted Contract Days: Date: Inspected By: 240 0 240 Nalsmith Englneeringpc 4501 Gournsr Rold. CLrpI I Christi, TX 78411 38. 4.99x0 Fax361.814.4401 Working Days Working Days Working Days Owner: The Preserve at Mustang Island, L.L.C. Contact: Barrett Allison 1300 S. Mopac Expressway Austin, Texas 78746 Phone: (512) 422 - 2209 Address: Contractor: Big State Excavation Contact: Gary Meurer Address: PO Box 260297 Corpus Christi, Texas 78410 Phone: (361) 537.5013 A. AMOUNT OF ORIGINAL CONTRACT ITEMS COMPLETED TO DATE: Ll Station ITEM NO. DESCRIPTION QUANTITY UNIT QUANTITY COMPLETE coNTRACTVRlT PRICE TOTAL COST 1 Stabilized Construction Entrance & Exit 1 EA I $2,000.00 $2,000.00 2 Reinforced Filter Fabric Fence 333 LF 333 $2.00 $666.00 3 Hay Bales 1 LS 1 $1,000.00 $1,000.00 4 Site Clearing and Stripping 0.32 AC 0.32 $3,000.00 $960.00 5 Site Grading I LS 1 $3,000.00 $3,000.00 6 Lift Station and Appurtenances 1 LS 1 $580,000.00 $580,000.09' 7 Dewatering / Well Pointing for Lift Station and Appurtenances Installation 1 LS 1 $50,000.00 $50,000.00 8 Odor Control 1 LS I $140,000.00 $140,000.00 9 8" Gravity Sanitary Sewer 110 LF 110 $140.00 $15,400.00 10 8" End Plug 2 EA 2 $100.00 $200.00 I 1 12" Gravity Sanitary Sewer 70 LF 70 $160,00 $11,200.00 12 Sanitary Sewer Fiberglass Manhole 5' Diameter @}a 19' - 21' Depth 1 1 EA LS 1 1 $20,040.00 $2,500,00 $24,000.40 $2,500.00 13 Tie to Public Sanitary Sewer Manhole Stub Out 14 Dewatering / Well Pointing for Sanitary Sewer Gravity Line Installation I LS 1 $ I,400,00 $1,000.40 15 Trench Safety 200 130 LF LF 200 130 _ $15.00 820,00 53,000.00 $2,600.00 16 PVC Pressure Pipe - 4" 17 Dual Water Service Connection 1 EA 1 $2,500.00 $2,500.00 18 Connection to Existing 8" Water Pipe 1 LS 1 $2,500.00 $2 500.00 19 Crushed Limestone on Landscape Fabric - 6" 1 LS I $10,000.00 $10,000.00 20 . Reinforced Concrete Pavement - 5" 208 _ SY 208 $130.00 $27,040.00 21 HMAC Pavement Repair for Street Improvements 7 SY 7 $275.00 $1,925,00 22 Cantilever Gate with Card Reader _ 1 LS 1 _ $32,000.00 _ $32,000.00 23 Concrete Mese Wall with Footing 197 LF 197 . $500.00 898,500.001 SCAD . RTU Panel or Two Pump Lt' tation w 24 Flow by Rabelais Instrument & Electrical 1 LS .._ .. 1 - ______ ... $35,000.00 _. _ .. ... . .... $35,000.00 ....... ..... ..___ . Constructors— Page 1 of 2 —192— Title: Zahn Road Litt Station & Force Main NEI #: 7818 Force Main ITEM r1O. DESCRIPTION QUANTITY TOTAL COST 25 Reinforced Filter Fabric Fence 26 Straw Bale Fence Force Main AWWA C900- DIt18- 33 34 35 36 37 38 4" PVC 4" HDPE - 150 4 si Force Main 4,605 si Force Main 4,605 1 7,124 1 400 $2.00 $200.00 518.00 4" PVC AWWA C907 Class150 Fittings 4" Air Release Valve 3 EA 6" PVC AWWA C900- DR18- I50psi Force Main 7,124 LF 6" IIDPE - 150 . si Force Main 1,400 LF 6" PVC AWWA C907 Class150 Fittings 6" Air Release Valve Packer), Channel Casing Connection 8" HDPE - I50psi Pipe "A" 8" HDPE - 150E1 Pipe "B" 2" HDPE - 150.si Pine "D" Packe Channel Bundlin 13 3 2 1,400 -r 1,400 1,400 1 EA EA EA LF LF LF LS 3 7,124 1 400 13 3 2 1 400 1,400 1,400 $5.00 $400.00 $4,000.00 $21,00 $9.00 $450.00 $4,000.00 $5,000.00 $16.00 $16.00 $2.00 8200,000.00 40 HMAC Pavement Reeait for Street Improvements 41 Driveway Repair for Force Main 42 Force Main Markers 43 Connection to Existing Manhole 44 Anti- Flotation Devices Dewatering 1 Well Pointing for Force Main Installation Easement Acquisition SY SY EA LS LS LS $100.00 $140.00 $ 150.00 82,700.00 5800.00 5500.00 $9 210,0 $200,0 $128 232.0 57 000.0 55 200.0 $12 000.0 $149,604.0 812 600.0 $5,850.0 $12,000.0 510,000.0 522,400.0 522,400.0 $2,800.0 5200,000.0 56,900.0 $9,240,0 $4,050.0 $2,700.0 8800.0 5500.0 ITEM NO. °°'••••• 42 Texas General Land Office - Lift Station Texas General Land Office - Force Main 44 Private Landowner - Force Main QUANTLTY UNIT 1 LS QUANTITY COMPLETE CONTRACTUNIT PRICE 5101 050.00 $125,050.00 1 $150,000.00 TOTAL COST 5105 050.0 $125 050.0 $150,000.01 ITEM NO. DESCRIPTION 45 AEP Electrical Requirements rofessional Services QUANTITY UNIT COMPLETE QUANTITY CONTRACT UNIT PRICE TOTAL COST 850,000.00 $50.000.0 ITEM NO. DESCRIPTION QUANTITY QUANTITY COMPLETE CONTRACT UNIT PRICE Erineering (7,396 of Conslruclon Cost) Topographic Survey (.on afConstruction Cast) Construction Administration 100% 100% 100% Storm Water Pollution Prevention Plan (SWPPP) TOTALCOST $ 125,000.78 533,333.54 $16 666.77 516,666.77 $7,500.00 85 000,00 Corps of Engineers Permit Beachfront Construction Certificate TxDOT - Uili Permit 55 Easement Acquisition Administration 55 ROW Surveying, Parcel Descriptions, & Maps 88,000.00 84,000.00 $3,000.00 100% $11,403.00 100% 810,500.00 $125,000.7 $33,333.5 516,666.7 $16,666,7 $7,500.0 55 000.0 58,000.0 54,000.0 $6,000.0 811,403.0 $10,500.0 5% 100% 8117,042,39 $117,042.3 Page 2of2 —193— I CIY� `� nlY Motion approving the Sanitary Sewer Trunk Fo 4.400 , And`' Lift Station Construction and Reimbursement Agreement submitted by The Preserve at Mustang Island, LLC, owner and developer of Tortuga Dunes Subdivision for the installation of Zahn Road Master Plan Lift Station with eight -foot diameter wet well, 8,376 - linear feet of a four -inch and six -inch PVC dual force main, and related appurtenances; at a cost not to exceed $2,457,890.25. ATTEST: MOTION 03/31/09 Armando Chapa, Ciy Secretary enry Ga et ., ayor City of Corpus Christi M2009 -078 Ordinance appropriating $650,000.00 from the Sanitary Sewer Trunk System Trust Fund No. 540450 - 21800 -4220 to pay the Preserve at Mustang Island, LLC, for the construction . and installation of a master plan lift station with 8 -foot diameter wet well, 8,376 linear feet of a 4 -inch and 6 -inch PVC dual force main, and related appurtenances, located east of State Highway 361, south of Zahn Road. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $650,000.00 is appropriated from the Sanitary Sewer Trunk System Trust Fund No. 540450- 21800 -4220 to pay The Preserve at Mustang Island, LLC, for completion of the construction and installation of a Master Plan Lift Station with 8 -foot diameter wet well, 8,376 linear feet of a 4 -inch and 6 -inch PVC dual force main, and related appurtenances, located east of State Highway 361, south of Zahn Road, as in accordance with the Sanitary Sewer Trunk Force Main and Lift Station Construction Reimbursement Agreement approved by Council on the 31st day of March, 2009 (M2009 -078); Signatures page follows. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED this the day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form only: November 22, 2011 Carlos Valdez, City Attorney eborah Walther Assistant City Attorney K:ILega11SHARED \LEGAL- DEV.SVCS12011 AgendalMustang Island, LLC, Preserve at111 -22 -2011, ORD, Approp, Preserve at Mustang Island Master Plan Lift Station, DWBFinal.docx Page 2 oft —19b- 11:45 A.M. Proclamation declaring December 6, 2011 as "14th Annual Tree of Angels Day" Certificate of Commendation to Science and Spanish Club Network- Martin Middle School Certificate of Commendation to Apollo Towing Service Coastal Bend Bays and Sea Check Presentation to the City of Corpus Christi AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 DECEMBER 6, 2011 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4 :00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. if you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree gue su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Comilla 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 Pastor David Beirne, Travis Baptist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem 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 December 6, 2011 Page 2 E. MINUTES: 1 Approval of Regular Meeting of November 15, 2011. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 2. Acceptance of State grant to improve technology between Police Lab and Records Management System 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 Agenda Regular Council Meeting December 6, 2011 Page 3 between the Police Department Laboratory Information Management System and Records Management. System, and to execute all related documents. (Attachment # 2) 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 # 2) 3. Award of contract to remodel City building to create a property storage facility for Police 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 # 3) 4. Award of contract to remodel City building for Internal Affairs Division of the Police Department 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 # 4) 5. Approval of a 20 -year Memorandum of Agreement with Federal Aviation Administration to consolidate 20 existing leases for use of airport property for navigational aids Second 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 for publication. (First Reading — 11108111) (Attachment # 5) Agenda Regular Council Meeting December 6, 20.11 Page 4 1. 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. * Executive session pursuant to Section 551.071(1)(A) of the Texas Government Code to consult with attorneys regarding Cause No. 13 -10- 00272 -CV, styled San Patricio Municipal Water District and South Texas Water Authority vs. City of Corpus Christi, presently on appeal from the 319th District Court of Nueces County, Texas. * 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. * Executive session pursuant to Section 551.071 of the Texas Government Code to consult with attorneys regarding litigation involving construction issues • at HEB Tennis Center, with possible discussion and action in open session. * Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session. J. PUBLIC HEARINGS: ZONING CASES: 6. Zoning chance for property located at 1009 Coleman Avenue from residential to commercial Zoning Case No. 0911 -04, The Other Door: A change of zoning from "RM -1" Multifamily 1 District to "CN -1" Neighborhood Commercial District, resulting in a change of future land use. Agenda Regular Council Meeting December 6, 2011 Page 5 The property described as Shannon Addition Lot 10, Block 1, located south of Coleman Avenue and east of South Staples Street. (Attachment # 6) Planning Commission's and Staffs Recommendation: Approval of the Applicant's request to rezone from the "RM -1" Multifamily 1 District to "CN -1" Neighborhood Commercial District. 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; and providing for publication. 7. Zoning change for property located at 522, 528, 532 and 538 Texan Trail from residential to commercial Zoning Case No. 0911 -05, Texan Trail Properties — A change of zoning from "RM -1" Multifamily 1 District to "CG -2" General Commercial District, without resulting in a change of future land use. The property described as Lindale Park Subdivision Section 4, Lots 23 -27, Block 40, located north of Texan Trail and west of South Alameda Street. (Attachment # 7) Planning Commission's and Staffs Recommendation: Denial of the Applicant's request and in lieu thereof approval of the "ON" Office District. 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 and 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; and providing for publication. Agenda Regular Council Meeting December 6, 2011 Page 6 K. REGULAR AGENDA CONSIDERATION OF MOTIONS RESOLUTIONS AND ORDINANCES: 8. Code Amendment for keeping urban chickens Second 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. (First Reading — 11/15111) (Attachment # 8) 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 # 9) 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 314 vote of Council) (Attachment # 9) 10. Approval of tax abatement agreement with for development of a nursing and rehabilitation facility at 3030 Fici Street Resolution authorizing the execution of an agreement with Corpus RP -Two, Ltd., providing for temporary property tax abatement. (Attachment # 10) 11. Approval of Type A Board grant funds for modification of Del Mar College Aviation Maintenance Technical Training Facility at the Corpus Christi International Airport 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 2011 -2012 Operating budget adopted by Ordinance No. 029155 to increase appropriations by $225,000. (Attachment # 11) Agenda Regular Council Meeting December 6, 2011 Page 7 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 # 11) 12. Approval of Type A Board grant funds for expansion of the Craft Training Center of the Coastal Bend 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 FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $1,750,000. (Attachment # 12) 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 # 12) L. FIRST READING ORDINANCES: 13. Ordinance to appropriate street construction funds: Aquarius Street First Reading Ordinance — Appropriating and approving the transfer of funds in the amount of $950,000 from the Unreserved Fund Balance in the No. 1020 General Fund for the prior and current expenditures including construction of the Aquarius Street project from Dasmarinas to Commodores into and appropriating in the Street Capital Improvement Fund No. Agenda Regular Council Meeting December 6, 2011 Page 8 3530; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing appropriations by $950,000 in the No. 1020 General Fund. (Attachment # 13) 14. Appropriation of funds to partially reimburse the developer of Tortuga Dune Subdivision from the Sanitary Sewer Trust Fund for Zahn Road Master Plan Lift Station First Reading Ordinance — Appropriating $650,000 from the Sanitary Sewer Trunk System Trust Fund No. 540450- 21800- 4220 to pay the Preserve at Mustang Island, LLC, for the construction and installation of a master plan lift station with 8- foot diameter wet well, 8,376 - linear feet of a 4 -inch and 6 -inch PVC dual force main, and related appurtenances, located east of State Highway 361, south of Zahn Road. (Attachment # 14) 15. Approval of Use Privilege Agreement to use portion of City sidewalk as an outdoor seating space for Aria Sky Terrace First Reading Ordinance - Authorizing the City Manager or designee to execute a Use Privilege Agreement with Pietsch Realty Investments, LLC, (Owner and Permittee), granting and conveying a use privilege of a 4' x 20' section (80- square foot portion) of public City sidewalk right -of -way as an outdoor seating space, in consideration of $560, a one -time use privilege fee; subject to compliance with the specified conditions. (Attachment # 15) 16. Transferring $270,000 from Hotel Occupancy Tax Fund to General Fund for beach maintenance First Reading Ordinance — Authorizing the transfer of $270,000 from the Hotel Occupancy Tax Fund No. 1030 to and appropriating in the General Fund No. 1020 for beach maintenance; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase both revenues and expenditures in the General Fund by $270,000 each. (Attachment # 16) Agenda Regular Council Meeting December 6, 2011 Page 9 17. Appropriation of Community Enrichment funds for park improvements First Reading Ordinance - Appropriating $120,090.66 in developer contributions and $553.65 in interest earnings for a sum of $120,644.31 in the No. 4720 Community Enrichment Fund for park improvements and other related projects. (Attachment # 17) 18. Code amendment for placement of microchips in impounded animals First Reading Ordinance - Amending the Code of Ordinances, Chapter 6, Section 6 -103, entitled "Impoundment," to require an animal released from impoundment to have a microchip and provide for payment of the device; providing for penalties; providing for an effective date; and providing for publication. (Attachment # 18) 19. Code amendment authorizing an interlibrary loan service fee of $2.75 to offset reduction in grant funds First Reading Ordinance - Amending Section 2 -79 of the Code of Ordinances by authorizing an interlibrary loan service .fee; providing an effective date; and providing for. publication. (Attachment # 19) 20. Code amendment adopting technical construction codes and proposed amendments First Reading 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 penalties; providing for publication; and providing for an effective date. (Attachment,# 20) Agenda Regular Council Meeting December 6, 2011 Page 10 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. FUTURE AGENDA ITEMS: 21. Lease purchase of pumper truck for Fire Department Motion approving the lease purchase of one (1) Pierce rescue pumper from Siddons Fire Apparatus, Inc., of Manor, Texas in the amount of $425,000 of which $7,589.57 is required for FY 2011 -2012. The award is based on the cooperative purchasing agreement with the Texas Local Government Cooperative. The rescue pumper will be used by the Fire Rescue Division of the Fire Department. Funds for the lease purchase of the rescue pumper will be provided through the City's lease/financing program. (Attachment # 21) 22. Lease purchase of curbside refuse containers Motion approving the lease purchase of 6,500 95196- gallon curbside refuse containers from Toter Incorporated of Statesville, North Carolina for the total amount of $293,800, of which $31 ,479.72 is required for FY 201 1 -2012. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The containers will be used in the City's automated collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's lease /purchase financing program. (Attachment # 22) 23. Award of a supply agreement: Cold Mix -Cold Laid Asphalt and Pre - Coated Aooregate for use by Street and Utility Departments Motion approving a supply agreement with Martin Marietta Materials, of San Antonio, Texas for approximately 4,000 tons of . cold mix -cold laid asphalt and approximately 1,000 tons of pre - coated aggregate, in accordance with Bid Invitation No. BI- 0018 -12 based on lowest responsible bid for an estimated semi- annual expenditure of $287,000. 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 for the supplier and the City Manager or designee. Funds are available in the Material Inventory Fund. (Attachment # 23) Agenda Regular Council Meeting December 6, 2011 Page 11 24. Repair of Raw Water Pump #3 -Pump Station #1 located at 13741 Smith Drive Motion approving a repair work order with Smith Pump Company, Inc., of McAllen, Texas for the removal, repair, installation and start up of Raw Water Pump #3 located at Pump Station #1, based on sole source in the amount of $75,058. Funds are budgeted in the Water Department Fund in FY 2011- 2012. (Attachment # 24) 25. Lease of a motor Grader for beach and beach roadway maintenance Motion approving a supply agreement with Doggett Machinery, of Corpus Christi, Texas for the lease of a .motor grader in accordance with Bid Invitation No. BI- 0029 -12, based on lowest responsible bid, for an estimated twenty -seven month expenditure of $184,005, of which $40,890 is budgeted for FY 2011 -2012. The term of the agreement shall be for nine months (February- October) for three consecutive years beginning in 2012. Funding is budgeted and available in the Parks and Recreation FY 2011 -2012 adopted budget. (Attachment # 25) 26. Service agreement for local and lona distance services Motion approving a service agreement with Tel West Network Services, of Austin, Texas for local and long distance telephone service, in accordance with Bid Invitation No. 61-0092-11, based on lowest responsible bid, for an estimated three -year expenditure of $394,108.92, of which $76,632.29 is required and budgeted for the remainder of FY 2011 -2012. The term of the service agreement will be for three years with an option to extend for up to two additional twelve -month periods subject to the approval of the service provider and the City Manager or designee. Funds are budgeted in the Municipal Information System Fund for the remainder of FY 2011 -2012 and will be requested in future fiscal years. (Attachment # 26) 27. Service agreement for utility worksite restoration services Motion approving service agreements with the following companies for the following amounts, in accordance with Bid Invitation No. BI- 0195 -11, based on lowest responsible bids for an estimated annual expenditure of $139,932.90, of which $81,627.53 is required for FY 2011 -2012. The term of the Agenda Regular Council Meeting December 6, 2011 Page 12 contracts will be for twelve months with options to extend the agreements for up to two additional twelve month periods subject to the approval of the contractors and the City Manager or designee. Funds have been budgeted by the Water Department in FY 2011 -2012. (Attachment # 27) Dorome General Repair Corpus Christi, Tx Primary Contractor $54,167.40 Pang Construction Corpus Christi, Tx Secondary Contractor $49,338.63 Abel's Paving & Construction Inc. Corpus Christi, Tx Tertiary Contractor $36,426.87 Grand Total: $139,932.90 28. Approval of purchase and installation of new park equipment for Lamar Park a. Ordinance appropriating $22,700.21 in community contributions in the No. 4720 Community Enrichment Fund for improvements, and other related projects. (Attachment # 28) b. Motion approving the purchase and installation of a play structure from The PlayWell Group of Dallas, Texas, based on the cooperative purchasing agreement with the Texas Local Government Cooperative, in the amount of $65,408.67. The purchase is for new park equipment for Lamar Park. Funding is budgeted and available in the Parks & Recreation 2010 General Obligation (Bond 2008) CIP Fund and the Community Enrichment Fund. (Attachment # 28) 29. Acceptance of State grant funds for Homeland Security Projects a. Resolution authorizing the City Manager • or designee to execute the 2011 Sub - Recipient Agreement. (SRA) and all related documents in the amount of $62,259 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and authorizing the City Manager or designee to accept, reject, alter or terminate the grant. (Attachment # 29) b. Ordinance appropriating $62,259 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Agenda Regular Council Meeting December 6, 2011 Page 13 Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response and recovery capabilities. (Attachment # 29) 30. Acceptance of State grant funds for State Homeland Security Terrorism Prevention Activities a. Resolution authorizing the City Manager or designee to execute the 2011 Sub- Recipient Agreement •(SRA) and all related documents in the amount of $59,643 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), Law Enforcement Terrorism Prevention Activity (LETPA); and authorizing the City Manager or designee to accept, reject, alter or terminate the grant. (Attachment # 30) b. Ordinance appropriating $59,643 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out law enforcement terrorism prevention and protection - oriented activities (LETPA) such as planning, organization, training, exercises and purchase needed equipment. (Attachment # 30) 31. Acceptance of State grant funds for Homeland Security Medical Response Programs a. Resolution authorizing the City Manager or designee to execute the 2011 Sub - Recipient Agreement (SRA) and all related documents in the amount of $267,608.35 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System (MMRS); and authorizing the City Manager or designee to accept, reject, alter or terminate the grant. (Attachment # 31) Agenda Regular Council Meeting December 6, 2011 Page 14 b. Ordinance appropriating $267,608.35 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System Program (MMRS), into the No. 1062 Fire Grants Fund to support the integration of emergency management, health and medical systems into a coordinated response to mass casualty incidents caused by any hazard and purchase medical equipment. (Attachment # 31) 32. Acceptance of grant to develop a pipeline safety awareness program administered by the Gas Department a. Resolution authorizing the City Manager or designee to accept a grant in the amount of $49,990 from the United States Department of Transportation to enhance education, emergency response, and community awareness associated with pipeline safety issues and to execute ail related documents; and ratifying acceptance of the grant to be effective September 29, 2011. (Attachment # 32) b. Ordinance appropriating a grant in the amount of $49,990 from the United States Department of Transportation in the No. 1053, Gas Grants Fund to enhance education, emergency response and community awareness associated with pipeline safety issues. (Attachment # 32) 33. Acceptance of State grant funds for the Women, Infants and Children (WIC) program a. Resolution authorizing the City Manager or designee to accept a grant of $440,354 from the Texas Department of State Health Services to provide for the Women, Infants and Children (WIC) Program, based on a $12.34 reimbursement for each participant served, and to execute all related documents; and ratifying acceptance of the grant to begin as of October 1, 2011. (Attachment # 33) b. Ordinance appropriating a grant of $440,354 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the Women, Infants and Children Program, based on a $12.34 reimbursement for each participant served. (Attachment # 33) Agenda Regular Council Meeting December 6, 2011 Page 15 34. Acceptance of State grant funds for development and implementation of a wetland restoration plan for Oso Bay Learning Center and Wetland Preserve in conjunction with Coastal Bend Bays Foundation a. Resolution authorizing the City Manager or designee to accept a grant from the Texas General Land Office Coastal Management Program in the amount of $100,000 for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve, with a City match of $47,000 in the Fund No. 3292 Parks and Recreation 2010 GO (Bond 2008) and a $20,000 cash match from the Coastal Bend Bays and Estuaries Program, Inc. and a total project cost of $167,000. (Attachment # 34) b. Ordinance appropriating $100,000 from the Texas General Land Office Coastal Management Program in the No. 1067 Parks and Recreation Grants Fund for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve. (Attachment # 34) c. Motion authorizing the City Manager or designee to execute an agreement with the Coastal Bend Bays and Estuaries Program, Inc. for a $20,000 cash match for the Texas General Land Office Coastal Management Program. (Attachment #34) 35. Acceptance of a grant for the One Away Advocacy Campaign from the National Council on Aping (NCOA) a. Motion authorizing the City Manager or designee to execute an agreement with the National Council on Aging for funding in the amount of $20,000 for the One Away Advocacy Campaign. The contract period will be May 23, 2011 through December 31, 2011. (Attachment # 35) b. Ordinance appropriating a $20,000 grant from the National Council on Aging in the No. 1067 Parks and Recreation Grants Fund for the Elder Voices video footage project. (Attachment # 35) Agenda. Regular Council Meeting December 6, 2011 Page 16 36. Approval to amend an existing contract to purchase automated agenda management system a. Ordinance appropriating $28,900 from the Unreserved Fund Balance in the No. 1020 General Fund for services from Granicus, Inc. to implement an automated agenda management system; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $28,900. (Attachment # 36) b. Motion authorizing the City Manager or designee to execute a First Amendment to the Professional Services Agreement between Granicus, Inc. and the City of Corpus Christi for an automated agenda management system for a term of twelve months with three one -year automatic renewals, subject to annual appropriation of funds. (Attachment # 36) 37. Approval of the resale of foreclosed properties to collect delinquent ad valorem taxes Ordinance authorizing the resale of four (4) properties for minimum acceptable sales prices as follows, of which the City will receive $13,036.10, plus $3,719.35 for partial payment of City paving and demolition liens: (1) 402 Robert Drive; Lot 5, Block 1, Alameda Estates No. 3, in the amount of $12,000; (2) 5018 Cynthia Drive; Lot 34, Hilltop Village, in the amount of $1,000; (3) 7206 Eastphal Court; Lot 2, Block 3, Court of St. James Unit 2, in the amount of $53,875; and (4) 3626 Eastern; Lot 12, Airport Park Addition No. 2, in the amount of $2,000. (Attachment # 37) 38. Amendments to City Investment Policy Resolution approving amendments to the City Investment Policy to incorporate legislative changes made in 2011 to the Public Funds investment Act; and approving the investment policy as amended. (Attachment # 38) 39. Ratification of City Debt Management Policy Resolution affirming the Debt Management Policy for the City of Corpus Christi. (Attachment # 39) Agenda Regular Council Meeting December 6, 2011 Page 17 40. Temporary Infrastructure Deferment Agreement with Baker Hughes Oilfield Operations, Inc, Motion authorizing the City Manager to execute a Deferment Agreement with Baker Hughes Oilfield Operations, Inc. (Developer), in the amount of $367,153.93 for public improvements including construction of water, wastewater and storm water improvements for the Deaton Baker Subdivision, Block 1, Lot 1 located on State Highway 44, west of South Clarkwood Road and east of County Road 57, in accordance with the Unified Development Code, Section 8.1.10, Requirements for Plat Recordation Prior to Final Acceptance of Infrastructure Based on Financial Security. (Attachment # 40) 41. Award of contract for certain construction connected with Homeland Security protection Motion authorizing the City Manager or designee to execute a Job Order Contract with Barcom Commercial, Inc., of Corpus Christi, Texas in the amount of $61,906.54 for certain construction connected with Homeland Security protection. (Attachment # 41) 42. Award of contract for Turtle Cove Park/Jester Drainage Improvements Motion authorizing the City Manager or designee to execute a construction contract with H2O Construction, of Harlingen, Texas in the amount of $555,197 for the Turtle Cove Park /Jester Drainage improvements for the Base Bid. (Attachment # 42) 43. Approval of Professional Services Contract for City Wide Large Diameter Sanitary Sewer Cleaning and Inspection Program Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Coym, Rehmet & Gutierrez of Corpus Christi, Texas, in the amount of $243,413 for City Wide Large Diameter Sanitary Sewer Cleaning and Inspection Program. (Attachment # 43) Agenda Regular Council Meeting December 6, 2011 Page 18 44. Approval of. Master Implementation and Phasing Contract: Destination Bayfront Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Hargreaves Associates, of San Francisco, California in the amount of $1,315,137.50 for Destination Bayfront Master Implementation and Phasing Plan to include overall concept and schematic design phase services. (Attachment # 44) UPDATES TO CITY COUNCIL: 45. Update on Las Colonias Drainage Improvement Projects (Attachment # 45) 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, 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. Agenda Regular Council Meeting December 6, 2011 Page 19 O. CITY MANAGER'S COMMENTS: • Update on City Operations - Update on selection of Department Head positions 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 4:45 p.m., on December 1, 2011. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. 15 AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 DATE: 11/21/2011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Interim Director, Department of Development Services StephenD@cctexas.com (361) 826 -3246 CAPTION: Use Privilege Agreement with Pietsch Realty Investments to use a 4' x 20' section (80 square foot portion) of public City sidewalk along the Lawrence Street public right -of -way. Ordinance authorizing the City Manager, or his designee, to execute a Use Privilege Agreement with Pietsch Realty Investments, LLC, (Owner and Permittee), granting and conveying a use privilege of a 4' x 20' section (80 square foot portion) of public city sidewalk right -of -way as an outdoor seating space, in consideration of $560.00, a one -time use privilege fee; subject to compliance with the specified conditions. BACKGROUND AND FINDINGS: Kendall Erosion Control Services, ( "APPLICANT ") on behalf of the Aria Sky Terrace, ( "LESSEE ") who is leasing the property from Pietsch Realty Investments, LLC., ( "OWNER & PERMITTEE "), is requesting the Use Privilege Agreement (UPA) to use a section of public City sidewalk along Lawrence Street as a smoking area. The Owner of Aria Sky Terrace is constructing a second -level outdoor deck. The building does not have an elevator that would allow persons with disabilities to access this second -level outdoor area. Lessee is proposing a first -level outdoor area as a method to meet Texas Accessibility Standards. The existing building was built to the property lines with zero setbacks, and the site does not allow space for a first -level deck to be built within the dimensions of the Aria Sky Terrace's premises. For this reason, the Lessee has requested the UPA to use the existing public right -of -way sidewalk as a first -level outdoor smoking area as part of its premises during its hours of operation. Since the UPA is tied to real property, the UPA is made with the Owner, Pietsch Realty Investments, LLC., and not the Lessee, Aria Sky Terrace Lounge. Staff recommends approval of the UPA. Staff further recommends that the Owner pay a one -time UPA fee of $560.00 for the use a 4' x 20' section (80 square foot portion) of public City sidewalk along the Lawrence Street right -of -way, prior to the Use Privilege request going to City Council. ALTERNATIVES: This request is citizen driven, as such the only alternative is to deny the citizen's request. City Council Executive Summary Memorandum Pietsch Realty Investments, LLC Page 2 OTHER CONSIDERATIONS: Ordinance authorizing the City Manager, or his designee, to execute a Use Privilege Agreement to use a 4' x 20' section (80 square foot portion) of public City sidewalk along the Lawrence Street public right -of -way, to be used as a smoking area. CONFORMITY TO CITY POLICY: City Charter Article IX, Section 1, requires City Council approval for use of any portion of public right -of -way for private purposes. EMERGENCY / NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the city departments or franchised utility companies had any facilities within the utility easement or objections regarding the proposed Use Privilege Improvements. 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 unats): Comments: N/A RECOMMENDATION: City staff recommends approval by City Council and issuance of the ordinance, subject to the $560.00 one- time UPA fee and the conditions of the Use Privilege Agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance, Exhibits, and Use Privilege Agreement Approvals: Deborah Brown, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager K: \DEVELOPMENTSVCS \SPECIAL SERV.ICESIW ILLIE MEDINA\USE PRIVILEGE AGREEMENTSIARIA SKY TERRACE LOUNGE - 326 N. CHAPARRAL STEXECUTIVE SUMMARY AGENDA MEMO (10- 11.11).DOCX -200- ETAMA 9 10 04M Prepared pan errtofDevelapineht8 Of! $12R wises ARIA SKY TERRACE LOUNGE CHANNEL Corpus Christi Bay USE PRIVILEGE AGREEMENT SUBJECT PROPERTY \L.00ATION MAP -201- Ordinance authorizing the City Manager, or his designee, to execute a Use Privilege Agreement with Pietsch Realty Investments, LLC, (Owner and Permittee), granting and conveying a use privilege of a 4' x 20' section (80 square foot portion) of public city sidewalk right -of- way as an outdoor seating space, in consideration of $560.00, a one- time use privilege fee; subject to compliance with the specified conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a Use Privilege Agreement (UPA) with Pietsch Realty Investments, LLC, Owner and Permittee, granting and conveying the use privilege of a 4' x 20' section (80 square foot portion) of public city sidewalk right -of -way as an outdoor seating space, located adjacent to 326 N. Chaparral Street, Corpus Christi, Texas, in consideration of $560.00, a one -time Use Privilege Fee; SECTION 2. That the Use Privilege granted in Section 1 of this ordinance is subject to the following five (5) conditions: 1. Permittee shall pay $560.00, a one -time Use Privilege Fee. 2. With regard to the seating space located within the use Privilege Area: a. Permittee must provide a minimum thirty -six inch (36 ") clearance between the existing parking meters and any tables or chairs located within the overall nine foot eight inch (9'- 8 ") width area of the sidewalk. b. Permittee must provide a minimum door way turn clearance of sixty inches (60 "), in compliance with the American Disabilities Act (ADA). c. Permittee shall comply with all applicable Federal, State, County and City laws and ordinances, specifically including those regarding ADA compliance and those applicable to smoking areas, if the Use Privilege Area is used for such a purpose. d. Permittee shall not place any tables or chairs in the Use Privilege Area other than during the hours of operation of the business. No tables, chairs, other equipment or material may be stored or left in a City right -of -way overnight, except as specifically authorized by the City Manager. 3. Permittee shall comply with any and all conditions and provisions as set out in the Use Privilege Agreement. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Joe Adame David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. 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 , 20 , by the following vote: Joe Adame David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal APPROVED AND PASSED on this day of , 2011. ATTEST: Armando Chapa, City Secretary Joe Adame, Mayor, City of Corpus Christi APPROVED AS TO FORM: This 21st day of November, 2011 Carlos Valdez, City Attorney eborah Walther Br Assistant City Attor • K:\LegaRSHARED \LEGAL- DEV.SVCS12D11 AgendaWria Night CiublOrdinance DWBFinai.docx Page 2 of 2 -203- USE PRIVILEGE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THAT the City of Corpus Christi ( "CITY "), a Texas Home Rule Municipal Corporation, acting through its duly authorized City Manager, Ronald L. Olson, in accordance with Article IX, Section 1 of the Corpus Christi City Charter, and in consideration of Five Hundred and Sixty Dollars ($560.00), paid by Pietsch Realty Investments, LLC., the owner of 326 N. Chaparral Street, Corpus Christi, Texas, and permittee herein, ( "PERMITTEE "), whose business office is located at 4938 South Staples, Corpus Christi, Texas, the receipt of which is acknowledged, has granted and conveyed and by these presents does grant and convey, upon the conditions hereinafter stated, unto said PERMITTEE 1, a use privilege for the right to use an area that is a 4' x 20' section (80 square foot portion) of public CITY sidewalk right -of -way as an outdoor seating space (hereinafter "USE PRIVILEGE AREA "), located adjacent to 326 N. Chaparral Street, within the CITY, Nueces County, Texas. (See Exhibit "A" for Site Map and Exhibit "B" for Site Plan, attached and incorporated); TO HAVE AND TO HOLD the same unto PERMITTEE, its successors and assigns, together with the right under these conditions, at any time to enter upon the above described CITY sidewalk right -of- -way, also known as the USE PRIVILEGE AREA, to repair or maintain said area and it is further understood that the use privilege of the area is granted subject to PERMITTEE'S compliance with the following conditions: A. This Use Privilege Agreement, (hereinafter "AGREEMENT "), may be revoked at any time upon the giving of 60 days notice in writing by the CITY'S City Manager, or designee (hereinafter "CITY MANAGER "). B. Once approved by the PERMITTEE and thereafter the CITY MANAGER, this AGREEMENT is for a term of one year, and automatically renews annually, unless either the CITY or PERMITTEE gives written notice of termination to the other party at least 60 days before the end of each annual term. C. PERMITTEE shall not assign this AGREEMENT without the CITY MANAGER'S prior written consent. Any appropriately approved assignment of this AGREEMENT to any tenant of PERMITTEE, or other successor or assign, shall cause all terms and conditions of this AGREEMENT to become binding upon said tenant, successor or assign. 1 All references herein to PERMITTEE include PERMITTEE'S contractor(s), agent(s) and ernployee(s), if applicable. Use Privilege Agreement Pietsch Realty Investments Page 2 of 8 D. With regard to the seating space located within the USE PRIVILEGE AREA: 1. PERMITTEE must provide a minimum thirty -six inch (36 ") clearance between the existing parking meters and any tables or chairs located within the overall nine foot eight inch (9'- 8 ") width area of the sidewalk. 2. PERMITTEE must provide a minimum door way turn clearance of sixty inches (60 "), in compliance with the American Disabilities Act (ADA). 3. PERMITTEE shall comply with all applicable Federal, State, County and City laws and ordinances, specifically including those regarding ADA compliance and those applicable to smoking areas, if the USE PRIVILEGE AREA is used for such a purpose. 4. PERMITTEE shall not place any tables or chairs in the USE PRIVILEGE AREA other than during the hours of operation of the business. No tables, chairs, other equipment or material may be stored or left in a CITY right -of -way overnight, except as specifically authorized by the CITY MANAGER. E. As this USE PRIVILEGE AREA is in full view of public, it shall be maintained in a neat and orderly fashion, without visible trash or other unsightly debris. F. PERMITTEE shall acquire and maintain commercial general liability insurance pertaining to the USE PRIVILEGE AREA and the activities related to the USE PRIVILEGE AREA authorized by this AGREEMENT, in the minimum amounts set forth in the attached and incorporated Exhibit C. The General Liability policy shall name the CITY as Additional Insured. Upon CITY MANAGER'S written request, OWNER shall provide copies of all insurance policies to the CITY Attorney. Such policies may not be canceled, renewed, or materially changed without ten days advance written notice to the CITY MANAGER. G. Should construction become necessary for the proposed use of the USE PRIVILEGE AREA, construction plans and specifications for all proposed work shall be submitted to the CITY MANAGER for approval prior to beginning the construction process. The plans shall show the depth and location of the proposed construction and distances from any existing water, storm water, wastewater and gas lines. PERMITTEE shall also comply with any other laws and ordinances applicable to construction in the CITY, including obtaining all required permits. H. Prior to the start of any approved construction, PERMITTEE shall require its contractor and each subcontractor provide a Certificate of Insurance reflecting insurance in coverage amounts as set forth in Exhibit C. Additionally, PERMITTEE shall require its contractor and each subcontractor indemnify the K: \Legal \SHARED \LEGAL- DEV.SVCS \2011 Agenda \Aria Night Club \11- 7- 11UPA.DWBFinal.doc -205- Use Privilege Agreement Pietsch Realty Investments Page 3 of 8 CITY, its officers, employees and agents in the same manner that PERMITTEE has provided indemnification to the CITY. 1. PERMITTEE shall provide all necessary and proper safety devices so as to prevent injuries or accidents, in as much as possible. J. At least 48 hours prior to beginning any approved construction, PERMITTEE shall contact 1- 800 - DIG -TESS and the Lone Star Notification Center (1 -800- 669- 8344). Additionally, at least 48 hours prior to beginning any approved -construction, PERMITTEE shall give notice, and verify depth and location of communication lines and/or communication fiber optic cables, whichever are applicable, for the following: • CITY Utility Departments, including Water, Storm water, Wastewater and Gas; • American Electric Power (AEP); • American Telephone and Telegraph (AT &T); • Century Tel; • Time Warner; • Grande Communications; • Any and all other certified telecommunications providers; A CITY Inspector may request a utility line be uncovered to verity its depth or location. K. Any construction process and use of the USE PRIVILEGE AREA by PERMITTEE shall not interfere with the construction, installation, operation, maintenance, repair, removal or replacement, by the CITY or any of its franchisees, of any existing or future proposed sidewalks, utility lines, or other uses. If CITY, or any franchisee with utilities currently located in said right -of- way, needs access to the right -of -way, PERMITTEE shall pay for removing or relocating the USE PRIVILEGE AREA to allow access to utility lines for maintenance, repair, removal or replacement of the utility lines. The PERMITTEE shall repair the USE PRIVILEGE AREA to its original condition or cease to use the USE PRIVILEGE AREA, at which time this AGREEMENT terminates immediately. L. Traffic Engineer Requirements, if applicable: 1. At least 48 hours prior to commencing approved construction, the PERMITTEE shall file and obtain approval for, a traffic control plan with the CITY'S Traffic Engineer. No closure or barricading of a public right -of- way or any portion of a public right -of -way shall occur before approval of the traffic control plan, and if applicable, approval of a detour or barricade plan, has been obtained from the CITY'S Traffic Engineer. K:\ Legal \SHARED\LEGAL- DEV.SVCS\2011 Agenda\Aria Night CIub\11- 7- 11UPA.DWBFinal.doc —206— Use Privilege Agreement Pietsch Realty Investments Page 4 of 8 2. Should PERMITTEE require a trench, pit or the like be dug during approved construction, the PERMITTEE shall file and obtain approval for barricading said trench, pit. or the like, in accordance with the Texas Manual on Uniform Traffic Control Devices, from the CITY'S Traffic Engineer. (See paragraph "R." for additional requirements regarding trench(s), pit(s) and the like.) M. If, as determined by the CITY MANAGER, damage occurs to any gas, water, storm water, or wastewater Tine, PERMITTEE shall allow CITY employees of the CITY Gas, Water, Storm Water or Wastewater Division immediate access to make all repairs. Determination of the extent of damage and repairs necessary to restore the utility line(s) shall be made by the CITY MANAGER. All costs of the CITY associated with said damage and repair, including labor and materials, shall be paid by PERMITTEE within 30 calendar days of the CITY MANAGER'S invoice thereof. N. Should construction become necessary near existing water or wastewater lines, PERMITTEE shall take every precaution not to disturb the soil surrounding any such lines, including all thrust blocks. 0. If any approved work is conducted near any existing water main it shall be done under the inspection of a CITY Inspector at a daily rate of three - hundred, ten dollars and thirty -five cents ($310.35) for each day spent inspecting construction, installation, maintenance, repair, removal, or replacement of the USE PRIVILEGE AREA. A half -day, four hours or more of work, constitutes a whole working day for purpose of calculation. Any time in excess of eight hours a day, or on Saturday, Sunday or Holidays, shall be calculated at a daily rate of fifty -eight dollars and eighteen cents ($58.18) per hour. These funds shall be paid to the appropriate CITY Department within 30 calendar days of the CITY MANAGER'S invoice thereof. These amounts will be adjusted annually on August 1 to reflect any pay increase. P. At any and all times, PERMITTEE is responsible for the repair and maintenance of the USE PRIVILEGE AREA, including any costs associated with said repair and maintenance. Should damage occur to the USE PRIVILEGE AREA, regardless of the type of damage, within 30 calendar days of notice by the CITY MANAGER, PERMITTEE shall repair the damage. Failure to do so terminates this AGREEMENT immediately. Q. PERMITTEE shall repair or cause to be repaired any damage to driveways, culverts, head walls, landscaping, sidewalks, curbs and gutters, and any other structure, public or private, resulting from or caused by reason of construction, installation, maintenance, repair, removal, replacement or operation of the USE PRIVILEGE AREA. K: \ Legal \SHARED\LEGAL- DEV.SVCS\2011 Agenda\Aria Night Club \11- 7- 11207— UPA.DWBFinal.dac — Use Privilege Agreement Pietsch Realty Investments Page5of8 R. If a trench, pit or the like is required during approved construction, no trenches, pits or the like, other than bore pits, shall be left open overnight, except as specifically authorized by the CITY DEVELOPMENT SERVICES ACM. Bore pits shall not be allowed open for a period of longer than 14 calendar days, regardless of location. All trenches, pits or the like, other than bore pits, shall be backfilled promptly and in accordance with the current CITY standards and specifications and/or as per the CITY Inspector's request. All trenches, pits and the like, including bore pits shall be barricaded in accordance with the Texas Manual on Uniform Traffic Control Devices as approved by the CITY'S Traffic Engineer [See paragraph "L.(2)." for additional requirements regarding trench(s), pit(s) and the like.] S. If backfilling becomes necessary, all backfill, specifically including that in and around existing utilities, shall be made according to current CITY standards and specifications and /or as per the CITY Inspector's request. T. The CITY shall cause this AGREEMENT to become effective upon date of execution by the CITY MANAGER, as indicated below. U. INDEMNIFICATION. 1. OWNER/PERMITTEE, ITS OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSEES, (HEREINAFTER CALLED "PERMITTEE" FOR PURPOSES OF THIS SUBPARAGRAPH), SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSEES, AND INVITEES, ( "INDEMNITEES "), AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES, (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS, OR DAMAGE OF ANY KIND WHATSOEVER, 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 THE USE OF THE PROPERTY UNDER THIS AGREEMENT, INCLUDING SAID INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. PERMITTEE SHALL, AT ITS OWN EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. K:\ Legal \SHARED\LEGAL- DEV.5VC5\2011 Agenda\Aria Night CIub\11- 7- 11UPA.DWBFinal.doc —208— Use Privilege Agreement Pietsch Realty Investments Page 6 of 8 2. EXCEPT AS OTHERWISE EXPRESSLY LIMITED BY THIS AGREEMENT, IT IS THE INTENT OF THE PARTIES TO THIS AGREEMENT THAT ALL INDEMNITY OBLIGATIONS AND LIABILITIES ASSUMED UNDER THE TERMS OF THIS AGREEMENT BE WITHOUT MONETARY LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES, INCLUDING PRE - EXISTING CONDITIONS. THE INDEMNITY CONTAINED IN THIS SUBPARAGRAPH U. APPLIES, WITHOUT LIMITATIONS, TO ANY VIOLATION OF ANY APPLICABLE ENVIRONMENTAL LAW IN EFFECT DURING THE TERM OF THIS AGREEMENT, INCLUDING ANY EXTENSIONS, AND ANY AND ALL MATTERS ARISING OUT OF ANY ACT, OMISSION, EVENT OR CIRCUMSTANCE EXISTING OR OCCURRING DURING THE TERM OF THIS AGREEMENT, INCLUDING ANY EXTENSIONS,(INCLUDING WITHOUT LIMITATION THE PRESENCE ON THE PROPERTY OR RELEASE FROM THE PROPERTY OF HAZARDOUS SUBSTANCES OR SOLID WASTE DISPOSED OF OR OTHERWISE RELEASED PRIOR TO THE RELEASE DATE), REGARDLESS OF WHETHER THE ACT, OMISSION, EVENT, OR CIRCUMSTANCE CONSTITUTED A VIOLATION OF ANY APPLICABLE ENVIRONMENTAL LAW OR REGULATION AT THE TIME OF ITS EXISTENCE OR OCCURRENCE. THE TERMS "HAZARDOUS SUBSTANCE" AND "RELEASE" SHALL HAVE THE MEANINGS SPECIFIED IN COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980 ( "CERCLA"), AS AMENDED, AND THE TERMS "SOLID WASTE" AND "DISPOSED" SHALL HAVE THE MEANINGS SPECIFIED IN RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 ( "RCRA"), AS . AMENDED; PROVIDED, IN THE EVENT EITHER CERCLA OR RCRA IS AMENDED SO AS TO BROADEN THE MEANING OF ANY TERM DEFINED BY THOSE ACTS, SUCH BROADER MEANING SHALL APPLY SUBSEQUENT TO THE EFFECTIVE DATE OF SUCH AMENDMENT AND PROVIDED FURTHER, TO THE EXTENT THAT THE LAWS OF THE STATE OF TEXAS ESTABLISH A MEANING FOR "HAZARDOUS SUBSTANCE," "RELEASE," OR "SOLID WASTE," OR "DISPOSAL" WHICH IS BROADER THAN THAT SPECIFIED IN EITHER CERCLA OR RCRA, SUCH BROADER MEANING SHALL APPLY. 3. IF ANY SUBSTANCES DISCHARGED BY THE PERMITTEE OR ANY SUBSTANCES THAT RESULT FROM THE COMBUSTION OF SUBSTANCES DISCHARGED BY THE PERMITTEE, WHETHER THE SUBSTANCES ARE DISCHARGED FROM THE PROPERTY OR AREAS ADJACENT TO THE PROPERTY, FALL INTO OR OTHERWISE ENTER ANY OF THE CITY'S WASTEWATER TREATMENT WORKS AND INTERFERE WITH THE TREATMENT PROCESS OR CAUSE THE EFFLUENT PRODUCED BY THE TREATMENT WORKS NOT TO MEET THE STANDARDS FOR EFFLUENT AUTHORIZED UNDER THE CITY'S K: \Legal \SHARED \LEGAL- DEV.SVCS \2011 Agenda \Aria Night Club \11- 7- 1120UPA,DWBFinal.dac -9- Use Privilege Agreement Pietsch Realty Investments Page 7 of 8 CURRENT PERMITS FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OR TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, THE PERMITTEE SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, AND EMPLOYEES AGAINST ANY AND ALL CIVIL AND ADMINISTRATIVE PENALTIES AND CRIMINAL FINES THAT RESULT FROM THE DISCHARGE OF EFFLUENT THAT DOES NOT MEET THE TERMS OF THE CITY'S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT OR TEXAS POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT AND SHALL BEAR ALL COSTS INVOLVED WITH BRINGING THE BROADWAY WASTEWATER TREATMENT PLANT BACK INTO COMPLIANCE WITH ITS PERMITS. EXECUTED IN DUPLICATE originals this day of , 20 Acceptance Todd Pietsch, Manager of Pietsch Realty Investments, LLC, on behalf of Pietsch Realty Investments, LLC, hereby accepts the above AGREEMENT and its terms and conditions and further agrees to keep and perform the conditions imposed by said AGREEMENT and to be bound by all terms of same. By: Pietsch Realty Investments, LLC 4938 South Staples Corpus Christi, Texas 78411 Todd Pietsch, Manager Acknowledgement THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on O UUlV1b.. 1te , 20.11, by Todd Pietsch, Manager, on behalf of Pietsch Realty Investments, LLC, a limited liability corporation. LESLIE MESSER Notary Public STATE OF TEXAS My Comm. Exp. Feb. 17, 2015 116tary Public State of Texas K:\ Legal \SHARED\LEGAL- DEV.SVCS\2011 Agenda\Aria Night CIub\11- 7- 11UPA.D0WBFinal.doc 1— Use Privilege Agreement Pietsch Realty Investments Page 8 of 8 Attestation IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of , 20 ATTEST: CITY OF CORPUS CHRISTI By: Armando Chapa Ronald L. Olson City Secretary City Manager Acknowledgement THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 20 by Ronald L. Olson, City Manager of the City of Corpus-Christi, a Texas Municipal Corporation, on behalf of said corporation. Notary Public State of Texas Legal Approval APPROVED AS TO LEGAL FORM this Carlos Valdez City Attorney By: Deborah Walther Brown Assistant City Attorney For City Attorney day of K: \Legal \SHARED \LEGAL- DEV.SVCS \2D11 Agenda \Aria Night Club \11 -7 -f —�1PA.1DWBFinal.doc ARIA SKY TERRACE USE PRIVILEGE AGREEMENT SUBJECT . PROPERTY aNEB LAWRENCE STREET CR.O.W.) Sr't 112' 168' .40____,..„__TO INTERSECTION OFTO DVT)=RSECTION OF �ow LAWRENCE & CHAPARRAL LAWRENCE 1!, N. WATER I �� 2d dl 1 4' I AREA TO BE USED UNDER USE PRIVILEGE AGREEMENTI i F J(" ---N1 OVER ALL WIDTH OF SIDEWALK s'-8 EXISTING BUILDING SCALE 1/4 1 EXHIBIT B EXHIBIT C INSURANCE REQUIREMENTS PERMITTEE'S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Permittee must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation, non - renewal, material change or termination is required on all certificates Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Form 2. Premises -- Operations 3. Underground Hazard 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Broad Form Property Damage 7. Independent Contractor $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY— OWNED, NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH I1 OF THIS EXHIBIT $500,000 C. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all reports of such accidents within 10 days of any accident. II. ADDITIONAL REQUIREMENTS A. Permittee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Permittee's financial integrity is of interest to the City; therefore, subject to Permittees right to maintain reasonable deductibles in such amounts as are approved by the City, Permittee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Permittee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- (Vil). 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). Permittee 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. Permittee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555- Fax # D. Permittee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • ` Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non- renewal or material change in coverage, and not Tess 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, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Permittee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Permittee'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 Permittee to stop work .hereunder, and /or withhold any payment(s) which become due to Permittee hereunder until Permittee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Permittee may be held responsible for payments of damages to persons or property resulting from Permittee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Permittee's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. Use Privilege Agreement (UPA) ins. req. 9 -14 -10 ep Risk Mgmt. 16 AGENDA MEMORANDUM for the City Counci! Meeting of December 6, 2011 DATE: 11/23/2011 TO: Ronald L. Olson, City Manager FROM: Eddie Houlihan, Assistant Director of Management & Budget Eddieho(a cctexas.com (361) 826 -3792 CAPTION: Transferring $270,000 from the Hotel Occupancy Tax Fund to the General Fund for beach maintenance. Ordinance authorizing the transfer of $270,000 from the Hotel Occupancy Tax Fund No. 1030 to and appropriating in the General Fund No. 1020 for beach maintenance; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase both revenues and expenditures in the General Fund by $270,000 each. BACKGROUND AND FINDINGS: On July 26, 2011 the City Council approved an additional $270,000 from the Hotel Occupancy Tax Fund for beach maintenance. These funds need to be transferred and appropriated in the General Fund. ALTERNATIVES: NONE OTHER CONSIDERATIONS: NONE CONFORMITY TO CITY POLICY: City policy requires City Council approval for transfers between funds. EMERGENCY / NON-EMERGENCY: This is not an emergency. -219- DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item $270,000 $270,000 BALANCE $270,000 $270,000 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends approval of ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Lisa Aguilar, 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 Page 1 of 2 Ordinance authorizing the transfer of $270,000 from the Hotel Occupancy Tax Fund No. 1030 to and appropriating in the General Fund No. 1020 for beach maintenance; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase both revenues and expenditures in the General Fund by $270,000 each. Be it ordained by the City Council of the City of Corpus Christi, Texas, that: SECTION 1. That the City of Corpus Christi is authorized to transfer $270,000 from the Hotel Occupancy Tax Fund No. 1030 to and appropriate in the General Fund No. 1020 for beach maintenance. SECTION 2. That the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 is changed to increase Hotel Occupancy Tax Fund appropriations by $270,000 and to increase both revenues and expenditures in the General Fund by $270,000 each. Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa. Joe Adame City Secretary Mayor APPROVED as to form: 11""' • .), , 2v 71 By: Lisa Aguilar, sistant City Attorney for the City Attorney —222— 17 City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of December 6, 2011 DATE: November 14, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo ac cctexas.com 361- 826 -3494 TOPIC: Community Enrichment Fund (4720) appropriation for park improvements PURPOSE: Ordinance appropriating $120,090.66 in developer contributions and $ 553.65 in interest earnings for a sum of $120,644.31 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. BACKGROUND AND FINDINGS: The Platting Ordinance provides that, should the City accept fee in lieu of land or park development fees, the fees shall be used for the acquisition or improvement of parks most likely to serve the residents of the subdivision. The park most likely to serve a subdivision shall in no case be located more than one and one -half miles from the subdivision, taking into consideration factors such as the proximity of major barriers to accessibility including freeways, navigable streams and bodies of water. Community Enrichment Funds shall be used only for parkland acquisition, park development and park improvements including utility extensions required to serve recreational areas ALTERNATIVES: Do not collect fees in lieu of land or park development fees for the acquisition or improvement of parks. OTHER CONSIDERATIONS: none FINANCIAL IMPACT: o Not Applicable r� Operating Expense X Revenue 0 CIP Fiscal Year: 2010 -2011 Project to date exp (CIP Only) Current Year Future Years TOTALS Budget n/a 0 0 Encumbered /Expended Amt. n/a 0 0 This item n/a 120,644.31 $120,644.31 Balance: n/a 120,644.31 $120,644.31 FUND(S): The Community Enrichment fund was established to record revenues and expenditures for park land acquisition, park development, and improvement of parks. Comments: Revenues deposited to this fund for park development are 1) fees in lieu of land, and, 2) park development fee. Funds are appropriated periodically, usually at the end of each fiscal year. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Funds are appropriated periodically. Council approval required for appropriation of funds. EMERGENCY / NON-EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Legal. Finance —Accounting and Office of Management and Budget. LIST OF SUPPORTING DOCUMENTS: Schedule of park development fees, park fees in lieu of land, and interest earned. Resolution / Ordinance Cc: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager City Manager's Use Only ❑ Consent ❑ Regular ❑ Public Hearing City of Corpus Christi, Texas For the 12 month(s) ended July 31, 2011 Fund: 4720- Community Enrichment Fund 4720 Acct # Org. Account Description Total Revenues Unappropriated - 330003 21300 Developer Fee - interest 58.81 330005 21300 Park trust unrestrict interest 436.80 330395 21371 Gateway interest 3.80 330405 21357 HEB Park pool & tennis interes 0.98 330435 21502 Beautification prom. interest 4.97 330555 21507 Ed exchg prg -Sister City int. 0.35 330635 21511 Permanent art trust interest 47.94 INTEREST 553.65 330061 21336 Cole Park donation 10,646.00 330001 21300 Park trust - unrestrict donation 0.00 330002 21300 Park Development Fee 49,800.00 330200 21421 Royal Creek Estates 2,894.66 330200 21634 Summer Wind Village 8,100.00 330200 21667 Vista Hermosa 1,250.00 330212 21453 Glenoak Estates 750.00 330222 21322 Joslin Tract 33,750.00 330380 21395 King's Point 12,900.00 CONTRIBUTION 120,090.66 TOTAL INT 1 CONTRB 120,644.31 -227- Page 1 of 1 Ordinance appropriating $120,090.66 in developer contributions and $ 553.65 in interest earnings for a sum of $120,644.3.1 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. Whereas, City of Corpus Christi Ordinance provides that should the City accept fees in lieu of land for park dedication, the fees shall be placed in the City's Community Enrichment Fund for the acquisition or improvement of parks most likely to serve the residents of the subdivision, which shall in no case be located more than one and one - half miles from the subdivision, and for the parkland acquisition and park development including utility extensions required to serve recreational areas; Whereas, City Ordinance provides that park development fees may be used only for development of a public recreational area that will serve the subdivision consistent with the Parks, Recreation and Open Space Master Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $120,090.66 in developer contributions and $ 553.65 in interest earnings for a sum of $120,644.31 in the No. 4720 Community Enrichment Fund is appropriated for park improvements and other related projects. ORD- Approp- CommEnrich -Parks -Nov 2011 2 reading —228— That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame .David Loeb Chris N. Adler John E. Marez Larry Ellzondo 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: 1)•. �6, By: r Lisa Aguilar ssistant City Attorney for the City ttorney 18 DATE: 9/7/2011 TO: Ronald L. Olson, City Manager FROM Larry Bias, Program Manager LarryB(cctexas_com 361 -826 -4602 AGENDA MEMORANDUM for the City Council Meeting of December 6, 2011 Animal Control Amendment of Ordinance • For the placement of microchips in impounded animals. CAPTION: Agenda item: Amending the Code of Ordinances, Chapter 6, Section 6 403, entitled "Impoundment," to require an animal released from impoundment to have a microchip and provide for payment of the device; providing for severance; providing for penalties; providing for an effective date; and providing for publication. BACKGROUND AND FINDINGS: In updating the ordinance regarding Chapter 6, Section 6 -103, Entitled' IMPOUNDMENT ". For the placement of a microchip in a redemption impoundment animals will allow Animal Control to track repeat offenders of loose animals and help find owners of lost pets. ALTERNATIVES: N/A OTHER CONSIDERATIONS: NIA CONFORMITY TO CITY POLICY: Council approval required to update ordinances EMERGENGY.I.NON. EMERGENCY: Non- Emergency DEPARTMENTAL CLEARANCES: Animal Control Legal Department —233— FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures CIF onl • Current Year Future Years TOTALS Line item Budget Encumbered / Expended Amount This item $4000 $4000 BALANCE Fund(s): Comments; $4000 in operating expense is to purchase microchips RECOMMENDATION:. Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Elizabeth Hundley, Assistt'ant 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, Chapter 6, Section 6- 103, entitled "Impoundment," to require an animal released from impoundment to have a microchip and provide for payment of the device; providing for severance; providing for penalties; providing for an effective date; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Code of Ordinances, Chapter 6, Animal Care and Control, Article V, Animal and Rabies Control, Section 6 -103, entitled "Impoundment," is revised by requiring an animal released from impoundment to have a microchip and providing for payment of the device by the impounded animal's owner, and amending the section to read as follows: "ARTICLE V. ANIMAL AND RABIES CONTROL "Sec. 6-103. Impoundment. "(a) "(d) Redemption. "(1) Impoundment fee: "(2) Boarding charge. "(3) Rabies vaccination charge. "(4) City registration charge. "(5) Microchip charge. All charges associated with placement of a microchip, unless the animal currently has an active microchip. "(e) Redemption—special circumstances. * * * SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3, Corpus Christi Zoning Ordinance. SECTION 4. The provisions of this ordinance are effective on and after January 1, 2012. 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. EHord329 ACS Microchip 20111012 Page 2 of 3 -236- 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: (� Elizab ° R. Hundley Assis -nt City Attorney for the City Attorney Joe Adame Mayor EHord329 ACS Microchip 20111012 Page 3 of 3 -237- 19 AGENDA MEMORANDUM for the City Council Meeting of December 6, 2011 DATE: November 10, 2011 TO: FROM: Herb Canal ;, Library Director Ronald L. Olson, City Manager CAPTION: Authorizing and interlibrary loan service fee. Ordinance amending Section 2 -79 of the Code of Ordinances by authorizing an interlibrary loan service fee; providing an effective date; providing for severance: and providing for publication. BACKGROUND AND FINDINGS: The state has been funding interlibrary loan service for the past 40 years through grants to ten major resource center public libraries which processed transactions for libraries in defined service areas. Corpus Christi has served as headquarters for a 26- county area in South Texas during this time. As of November 30, 2011 the state is discontinuing the interlibrary loan program. The state will continue to provide some support and Corpus Christi will receive about $18,000 annually for online and courier services (covering mainly Texas) to support service for Corpus Christi, Texas, and out of state residents. Those funds will be paid directly by the state to the service providers. To offset program costs the state allows certain fees to be established, specifically for local and out of state, but not non -local Texas residents. In order to maintain accreditation with the state, Corpus Christi needs to continue participation in the program. Accreditation allows Corpus Christi residents to have access to state funded commercial databases which have a cost avoidance value (i.e., the cost Corpus Christi would incur subscribing on its own) of $703,000. The proposed fees are proposed to take effect January 1, 2012: $2.75 for local residents, the maximum allowed by the state in a state subsidized arrangement; $15 for out of state residents; the actual amount charged by another library (mainly out of state) would also be authorized to be passed on to a Corpus Christi resident. The state does not mandate a fee for out of state residents; $15 was chosen at this point. The fees are intended to cover staff and mailing costs. ALTERNATIVES: None, other than choosing not to participate and forfeit the state subsidy of $18,000 per year, and losing state accreditation. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms with City policy as to adoption of fees. EMERGENCY 1 NON-EMERGENCY: None emergency —241— DEPARTMENTAL CLEARANCES: Management and Budget, and Finance FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE unacs): Comments: There will be a small amount of revenue associated with this new fee, no more than $2,000.00. The department will be able to absorb any associated expenditure for the remaining of this fiscal year. A new account in the general fund no.1020 is being established for this new revenue. The account number is 309715 — Interlibrary Loan Fees. RECOMMENDATION: Click here to enter text. LIST OF SUPPORTING DOCUMENTS: Ordinance amending Section 2 -79 of the code of Ordinances Approvals: Brian Narvaez, 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 —242— Page 1 of 2 Ordinance amending Section 2 -79 of the Code of Ordinances by authorizing an interlibrary loan service fee; providing an effective date; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 2 -79 of the Code of Ordinances is revised to read as follows: "Sec. 2-79. Fees. "if Interlibrary loan service fees: "L • Residents of the city, per item • $2.75 Nonresidents of the state, per item :.... $15.00 "Residents of the city will also be charged for the full cost of any fees assessed by the lending library." * SECTION 2. The interlibrary loan service fee established in Section 1 of this Ordinance shall take effect on January 1, 2012. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this Ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this Ordinance, for it it's the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. Section 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED: g day of L. Bria Nary ez Assistant City Attorney For City Attorney Joe Adame Mayor /Uave.a e�� , 2011: 20 AGENDA MEMORANDUM for the City Council Meeting of December 6, 2011 and December 13, 2011 DATE: 10/31/2011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Interim Director /Building Official, Development Services/ StephenD(c�cctexas.com 361.826.3246 CAPTION: , Adoption of the Technical Construction Codes and Proposed Amendments 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 2008 edition of the National Fire Prevention Association (NFPA) National Electrical Code as the City's Electrical Code; providing for severance; providing for penalties; providing for publication; and providing for an effective date. BACKGROUND AND FINDINGS: 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: Electrical Advisory Board: Mechanical /Plumbing Board: September 21, 2011 September 22, 2011 October 4, 2011 ALTERNATIVES: The City of Corpus Christi is mandated by the State of Texas to comply with the current building codes. There are no viable alternatives for this request. OTHER CONSIDERATIONS: Given the timing elements to move the City of Corpus Christi through two code cycles and the fact that the 2012 codes will be released within the next five months, it is imperative that City Council support the adoption of the 2008 and 2009 codes and the proposed amendments. The City of Corpus Christi has a 90 -day waiting period from and date of final passage, thereby making the technical construction codes go into effect on Sunday, March 4, 2012. Builders, developers, and the City of Corpus Christi will have approximately one year to implement and practice the current code and identify any necessary modifications to the codes prior to moving to a new code cycle. CONFORMITY TO CITY POLICY: This ordinance conforms to Chapter 14 of the Code of Ordinances, Part III EMERGENCY INON- EMERGENCY: Non- emergency First reading: December 6, 2011 Second reading and Public Hearing: December 13, 2011 DEPARTMENTAL CLEARANCES: Building Code Board of Appeals Electrical Advisory Board Mechanical /Plumbing Board 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: N/A RECOMMENDATION: Development Services staff recommends the adoption of the 2008 National Electrical Code, 2009 International Code Council Construction Codes, and the proposed amendments corresponding to said codes as presented with this item. LIST OF SUPPORTING DOCUMENTS: Ordinance amending. Chapter 14 of the Code of Ordinances, City of Corpus. Christi Approvals: Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager Corpus Christi, Texas, Code of Ordinances. Part III — THE CODE OF ORDINANCES » Chapter 14 — DEVELOPMENT SERVICES » ARTICLE II. — CITY OF CORPUS CHRISTI TECHNICAL CONSTRUCTION CODES DIVISION 1. SCOPE AND ADMINISTRATION OF TECHNICAL CONSTRUCTION CODE Section 14 -201 Purpose 1 Section 14 -202 Definitions 1 Section 14 -203 Damage to city infrastructure 4 Section 14 -204 Restrictions on employees 5 Section 14 -205 Licensing 5 Section 14 -206 Technical Construction Boards 17 Section 14 -207 Violations and Penalties 25 Sections 14 -208 - 14 -230 Reserved. DIVISION 2. BUILDING CODE AND EXISTING BUILDING CODE Section 14 -231 Building Code 26 Section 14 -232 Existing Building Code 64 Sections 14 -233 —14 -240 Reserved. DIVISION 3. ELECTRICAL CODE Section 14 -241 Electrical Code 66 Sections 14 -242 --14 -250 Reserved. DIVISION 4. ENERGY CONSERVATION CODE Section 14 -251 Energy Conservation Code 72 Sections 14 -252 —14 -260 Reserved. DIVISION 5. FUEL GAS CODE Section 14 -261 Fuel Gas Code 72 Sections 14 -262 —14 -270 Reserved. DVISION 6. MECHANICAL CODE Section 14 -271 Mechanical Code 75 Sections 14 -272 --14 -280 Reserved. DIVISION 7. PLUMBING CODE Section 14 -281 Plumbing Code 81 Sections 14 -282 —14 -290 Reserved. DIVISION 8. RESIDENTIAL CODE Section 14 -291 Residential Code 107 Sections 14 -292 —14 -300 Reserved. 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 an 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. 11.1 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. "{ 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 City'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). IQ Copies of the adopted codes are on file in the city secretary's office. " 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 --251- "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 official 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 -252- "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, orpremises 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 building, 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 gas supply outside the building or premises to an appliance that utilizes fuel gas to produce light, heat, power, refrigeration, or air conditioning; any fuel utilization equipment, including any appliance that utilizes fuel gas 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 —253— "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. "Mechanical /plumbing 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; hydronic 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 —254— "221 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. "L, ' Electricians. City licensing of electricians. "a. Requirement for license. It is unlawful for any person to engage in the business of installing, maintaining, altering 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. "1_21 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 —255— 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 six (6) 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. Suspension or revocation of licenses and certificates. "a. Authority of electrical advisory 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 -256- "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 iurisdiction of the city. "b. 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 com _plaint 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. "1. 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 —257— "2. 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. "B. Whether the electrician is eligible to receive and work under a lower classification of license during the suspension. 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 copy 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 -258- "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 filed 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 hearinq_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 an the appeal, the city council may uphold, amend, or aside the findings of the board. "h. 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. 9 -259- 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. 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. No more than three (3) apprentices may be employed for each duly licensed master or journeyman electrician on any one (1) electrical installation. «g 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 -260- (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 contractors 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 masters acts and omissions when the masters 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 (1) master of record, who holds a current master electrician license and who is one (1) of the following: [f "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. 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. `Full -time' means actually engaged in the employment or conduct of the business' work for an average of at least thirty (30) hours 11 -261- 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. 12 -262- "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. 13 -263- "I-I. 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 job. "B. Ensuring the appropriate ratio of journeyman and apprentices are present at each permitted 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. "T 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. . 81 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 job, 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. "g 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 firm'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 Air 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 -265- "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. "0 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) (feet) 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 permit only if the applicant holds the required license. Texas Water Code. "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 permit only 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 16 -266- the licensed person assumes all responsibility for any permit obtained by the agent. "Lza 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) [feet' from the vehicle. "Sec. 14 -206. Technical construction boards. 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. II21 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 (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 year. 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 less 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. "d: 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 17 —267— 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. "a The true intent and meaning of this code or any regulation thereunder have been misconstrued or incorrectly interpreted. "Z 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 -268- 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. CI 11 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. That the variance granted is the minimum variance that will make possible reasonable use of the building, structure, or service system. 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. 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 _269_ . 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. "j 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. IF One (1) person who shall have at least five (5) years of active experience as a journeyman electrician. 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. if One (1) person who shall have at least five (5) years of experience in the home building industry. 20 —270— "6. One (1) person who is a resident of the City and not connected with the electrical industry. "T 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 Tess 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 -271- "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 were 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 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. The electrical advisory board shall in every case reach a decision without unreasonable or unnecessary delay. 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. 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 —272— 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 !east five (5) years of experience in the home building industry. "4. One (1) person who shall have at least five 15) years of experience in the commercial building industry. "5. 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. "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. "b. 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. "(3) Powers. "a. Advice and recommendations. The mechanical /plumbing advisory board shall advise the City Manager regarding any matter in the mechanical plumbing, and irrigation fields that it considers should be brought to the 23 -273- 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. "c. 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. 1L 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 —274— special or called meetings as necessary for the board's proper performance of duties. "d. Decisions. "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 manner such modification is made, the condition upon which it is made, and the reasons thereof. "e. 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. 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. "Lai Penalties. "Lli 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). "(2) 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. 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.' "021 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: Section 101.1 of the International Building Code is revised to read as follows: "101.1 Title. These regulations shalt 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. 26 —276— "101.3.3 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. "1. 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. 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 premises, and their contractors. subcontractors, 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. "6. The city may never be liable in tort, 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 -277- 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. 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. 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. Section 102.2 of the International Buildings Code is amended by adding a new subsection 102.2.1 to read as follows: 28 -278- "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 plumbinq 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. 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 plumbinq 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 plumbinq systems are disconnected and inactive prior to the start of demolition operations. 29 -279- "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, excepting weekends and holidays for commercial buildings. ",rte 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, 11, 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 lots, 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 -280- "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 cages, and related chain link fencing. "14. Drywall, if patching or replacing one 4' x 8' sheet of drywall or less. "15. Fixing broken stair treads and risers (excluding repair and replacement of stringers). "16. Roof repairs less 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. 31 -281- "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. "L 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 -282- "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. If 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. `f4. Repair of sections of water or sewer lines which do not exceed five (5) feet in length. "5. 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. "T 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. "b. 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 -283- "1. A permit is not required and no inspections will be performed by the city relating to the construction, assembl 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. "b. 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, package, 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 —284— "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 (1/2) 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. "Lill 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 subject to the fees specified by the permit fee schedule for work being performed without a permit and as required in section 14- 1306(b). ":a2 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 arty 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. "L1_31 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 -286- "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 proiect number. ":a4 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. "LI 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. 1161 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 proiect, and the inspection record shall be readily accessible by the building official and protected from the weather. " 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: "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. "(18) 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 -jobs 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. 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. The issuance of the second permit cancels the first permit, and no refund of fees paid for the canceled permit will be made. 38 -288- "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. "105.111 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. ".l 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 1 nsurance. "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 load provisions of Section 1609. gf All engineered structures must be designed and inspected by a Texas - registered professional engineer. The engineer must submit a Building Design 39 —289— 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 riot 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. All foundations and foundation repairs, including concrete pier foundations exceeding twenty -five (25) percent of existing piers, are to be designed by a registered design professional. "107.1.6 Any free - standing structure, such as a sign, antenna, tower, or flag pole, exceeding twenty -five (25) feet in height or producing aver 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 _290_ "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. "gil 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 line 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. "L221 Section 107.25 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, parkinclots, internal roads, chemical loading areas, equipment cleaning areas, storm water and wastewater accesses, emergency equipment and adjacent property uses. 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. 41 -291- ",(31 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. "(231 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 project 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. "(24) 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. "(25) Section 109.2 of the International Building Code is revised to read as follows: "109/ 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. "(26) 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. "(27) 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. "(28) 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 -292- "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. ".21 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. "OM 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. "f31) 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. 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 -293- fastener patterns of exterior coverings and roof coverings. Re- roofing 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. AU non - engineered structures must be inspected by an inspector certified by the Texas Department of Insurance or by a Texas- registered professional engineer. 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. CC "(32) 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 lob site, the permit number for the protect; and the type of inspection being requested. It is the responsibility of the permit holder or the 44 —294— 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. "f) 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. "0,1 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. "(35) Section 114.4 of the International Building Code is deleted. Refer to Section 14 -207 Violations and Penalties. "061 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 -295- "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 as 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 fF1907.2.3 of the International Building Code is revised to read as follows: 46 -296- "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. "(39) 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 subiect 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. ".4L2 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. Subiect to the limitations of section 1609.1.1.1, residential structures using the provisions of the AF &PA WFCM. "3. 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 -297- "5. Designs using NAAMM FP 1001. "6. Designs using TIA -222 for antenna - supporting structures and antennas. "7. Wind tunnel tests in accordance with section 6.6 of ASCE 7, subject to the limitations in section 1609.1.1.2. "(41) Section 1612.2 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 "(42) 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 Kleberg 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 along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section. "4.L1 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: 48 -298- "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, pipe, 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 (1/2) the lentth of the cut -off pile. 49 -299- "3111.3.1.4 Piers shall be designed to withstand a total live load of fifty (50) pounds per square foot. "3111.3.1.5 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. ",0251 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 -300- 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 damaged 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. " 46 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 buildinq,,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 -301- 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 lots 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 not 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 time period, the five hundred dollar ($500) cash deposit will be refunded when the certificate of occupancy is issued. 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 —302— the code enforcement administrator of the city's neighborhood services department. "6. Bond required. "a. 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. "c. 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 highways. "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. "8. 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 -303- 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. is Any building or structure forwhich the maximum dimensions are Tess 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 —304— 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 movers 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 -305- '4 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 construction 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 less than sixty (60) days. "b. The building official may revoke a license for a minimum of sixty_ calendar days, but not more than a period of one (1) year. "c. A revocation of license requires re- licensing under subsection (d)(1) of this section. "d. The decision of the building official to suspend or revoke a house mover's license may be appealed to the city council. Any appeal must be filed in writing, with the city secretary, within ten (10) working days of the date of the building official's decision. "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 —306-- "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. "b. A license reinstatement fee must be paid before a house mover's license is reissued, as provided forin 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. "Lial 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. "OM APPENDIX L is added to read as follows: 57 -307- "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 (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 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 -308- 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 —309— "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 Tots 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 (3/8) 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 eve. "6. Turnbuckles: Five - eighths (5/8) inch drop forged, closed eyes. "7: Other tensioning devices of similar strength that are approved. 60 -310- "L105.3 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 C4,725) 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 Home Box Width (feet) Number of Vertical Ties Required Mobile Home Box Length (feet) 10 12 14 43to52 Mobile Home Box Length (feet) 46 to 56 75 to 80 BO 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 —311— All Box Widths Number of Diagonal Ties Required Mobile Home Box Length (feet) 33 to 43 4 43to52 5 61 —311— "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 Figure L106.3: 62 —312— 53 to 63 6 64 to 73 7 74to80 8 "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 Figure L106.3: 62 —312— NS. C0. um `-'!4 teaLE- eIll Y% P4 sv. 41 Pa-tie Itd9} EEEVATiON MOBILE ROME 1;^.I1} EM )ANCHORINGSYST 1.7.YG +fie. 14. L106.3 DETAIL g APPROVED �/�'�; CLEWS &TDRNBUdEEL ism r. r -r SM F24.E 11ff a EOM OW DETAL o APPROVED BLOCKING Y11C Ilt•r -Y Mt M. TIE•DOWN STRAP (APPROVED) fJLS 1'If • v -r DETAR1§ O DM AUGER DEAL — RECMENDED BLOCtlNG ma V•.•s snkr We •''4 "L106.4 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. 11 four (4) inch by sixteen (16) inch -wide concrete runners. "3. For footings, consist of solid concrete sixteen (16) inch by sixteen (16) inch by four,(4) inch. For piers, consist of standard eight (8) inch by eight (8) inch by sixteen (16) inch open cell or thirty (30) inch maximum height solid concrete block. 63 —313— "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 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 Existing Building Code of the City of Corpus Christi: 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.'" 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 subiect to the fifty (50) per cent rule in subsection 110.1.1 and 110.1.2 of this section. 64 —314— "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. 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 iurisdiction. "al Section 112 of the International Existing Building Code is deleted. Refer to Section 14- 2061a) 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. Refer to Section 14- 207 Violations and Penalties. 'ID Chapter 12 of the International Existing Building Code is deleted. Refer to Section 3410 of the International Building Code. "7 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 shall 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 1. Section 1301.4 of the international Existing Building Code is revised to read as follows: "1301.4 Investigation and 'evaluation. Far 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. "Secs. 14 -233 -14 -240. Reserved. 65 —315— "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. «.Cil 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. ",(a 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. ,SDI 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 permittee's agent and must be made prior to the concealment of the work. 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 -316- "i Section 80.27(8) of the National Electrical Code is revised to read as follows: "(B) Experience. Electrical inspector applicants shall demonstrate the following: 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 "(3) 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 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. "L101 Section 80.35 of the National Electrical Code is deleted. "LU1 Section 90.2(8)(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 "llZ1 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-suroey showing the location of the easement and the location of the proposed outdoor lighting. Article 90 of the National Electrical Code is amended by adding a new section 90.10 to read as follows: 67 -317- "90.10 Individual metering required. A building or buildings containing more than five (5) dwelling units must provide for individual metering or submeterinq of each dwelling unit. " 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. " 15 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. 161 Section 210.52(8)(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. "an 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. "LI 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. 68 -318- "al Not more than three (3) receptacles (duplex) may be installed on each required bathroom circuit in dwellings. "0_1 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. "(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. AU electrical service entrance equipment, except for temporary construction loops, must be provided with fault current protection of not Tess 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. "(21) 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 Tess 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 Tess 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 -319- ID) Raceways or metal clad cables in commercial buildings. All commercial buildings must be wired in electrical conduits or with metal clad cables, except as provided herein. "(1) Exceptions to raceways or metal clad cables. "(a) Raceways or metal clad cablesywlll 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 lots 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. "(23) Section 300.3 of the National Electrical Code is amended by adding a new subsection 300.3(D) to read as follows: "(D) 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 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 -320- "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. "(B) 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. "(29) 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 1, Division 1, or Class 1, 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 is 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 —321— "(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 Enemy Conservation 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 Energy Conservation Code for the City of Corpus Christi: Section 101.1 of the International Energy Conservation Code is revised to read as follows: "1011 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 l 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)), 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: "LD Section 101.1 of the International Fuel Gas Code is revised to read as follows: 72 -322- "101.1 Title. These regulations shalt be known as the Fuel Gas Code of the City of Corpus Christi, hereinafter referred to as `this code.' ",a 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. "2 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." "al 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 job 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. Rouqh -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 -323- "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. IQ Sections 108.1 through 108.4 of the International Fuel Gas Code are deleted. Refer to Section 14 -207 Violations and Penalties. 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 less than $2,000 dollars or more than $10,000 dollars. "n 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. 181 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 less 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 —324— "Exception: This section shall not apply to appliance installations complying with section 305.4. ",a 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. "LIM Section 404.10 of the International Fuel Gas Code is revised to read as follows: "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). "Lin 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 loss 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 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 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 -325- "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. "iell 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 job 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, fireblocking 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 backfilled 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. 76 -326- 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 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 the International Mechanical 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 304.3.1 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 less than 18 inches (457 mm) above the garage floor. Table 403.3 of International Mechanical Code is revised to read as follows: 77 -327- "TABLE 403.3 "MINIMUM VENTILATION RATES OCCUPANCYCLABSIFICAT0ON PEOPLE0W000A AIRFLOW RATE IN BREATHING ZONE CFMIPERSCN AREAOUT000R AIRFLOW RATE IN BREATHING ZONE Rs CFMIT2a DEFAULT OCCUPANT DENSRY MOM FT2a EXHAUST AIRFLOW RATEOFMIFT2s Corrsclionaliaclli0as Ce0s without pkenbingNos 6 0.12 25 with plumbing fl ums° 6 0.12 25 1.0 Dining hall (see food and beverage service) _ — _ — {ivardsiation 5 0.06 16 — Day mom 6 0.08 30 -- BooktngAvalGkg 7.5 0.08 50 — Dry deacons, laundries Colr~operatadMycleaner 16 — 20 — Cofn-vpareted laimddes 7.5 0.06 20 — Carnmer dry cleaner 20 — 30 — Commekoiellaundry 25 — 10 — Sforage, pickup 7.6 0.12. 30 -- Education Auditoriums 6 150 — Condors (sae public spaces) — 0.06 — — Media center 10 — 25 • Sport lecker rooms s _ 042 — 05 Musldlheaierfdonce 10 _ 35 — Smoking ioungesb BO 70 — Day care (through age4) 10 0,1B 26 — Classrooms (ages 5.3) 10 0,12 25 — Claosrooms (ago 0plus) 10 012 35 — LeoGue dassroorn 7,5 005 516 — Lea) 7.5 OR 150 — Addaeeroom° 10 0'18 0.15 20 0.7 Science laboraludeec 10 25 10 Woodfinetalshopae 10 20 0.6 Computer lab 10 0.12 25 — Mullion aeoembly 7.5 0,08 105 _ Locker/dressing moms s — _ — 025 Food and Leverage service Bars, cocdall lounges 7.5 0,1B 100 — Cafeieda, tool food 7.5 0.18 100 — Dining rooms 7.5 0.16 70 Kiloton; (cooking)b -- — — 0,7 Hospitals, naming and caneallaacent homes Autopsy rooms b Medical procedure rooms -. 15 -- — Y0 0.6 _ OperatingrooM 30 -- 20 — Patienirooms 25 — 10 Physical therapy • , 15 — 20 _ Reoovery and ICU 15 _ 20 _ 78 -328- Holels, motels, resorts end domnitodes Mu0purpose assembly tlathrooma6o8a1— privaleg Sedmon01Mrg mom Conferencelrsee0ng Oormllorp sleeping am Gadding mhos Lo5bleslpreduno0on 5 — 5 5 5 7,5 7,5 0.06 — 008 0.06 0A6 0.18 0.06 120 — 10 50 20 120 30 — 28/50' — — — — — Offlcea Conference rooms 5 0,05 50 -- Oboe spaces 6 0.05 5 . — Reception areas 6 0.00 30 — Tslephoneldata entry 5 0.08 60 — Main arty lobbies 6 0.08 10 — Pduafe dwellings, single and multiple GI — — — 075 es,commonformultipie 160dmp per 26)100 Geragea1 eparaleforeach — — — Miming t6loheas" Llvingareaa 0.35ACH but not leap Then 15 cimfperaon — Based upon number oihedreams,Fist bedroom, 2; each edddfanal bedroom,1 — ToQat coon and ballrooms a — _ — MO Public spaces Corridors _ 0.05 — — Elevalorcar _ _ — 1.0 Showerroani (per Omer head) 4 _ — 50 Smoking 10111,p5 00 - 70 0 Tolleirooms- pubflos 5 0.08 120 76 — PlecesalrelIglousworship 5 , 0.06 70 — Caudrooms 5 0.06 60 — Lsglel&chambers libraries 5 7.5 0.12 , 0.12 10 40 — Museums (cblldren's) Muaeumalgetedes 7.5 0,05 40 — Retell 'tree, ealea Nom end ehawroom floor' Salesjemeptashdov4 Dressing rooms Ma6 common areas 7.5 -- 7,5 0.12 -- 5.00 16 — 40 0,25 — SMppbrg and rea4ving -- 0.12 — — Smrhing loops 6 60 — 70 — Storage rooms — 0,12 — — Warehouses (see slorage) — — — — Specially shops Aulomeluemotor- -fuel dispensing.elellone — — — 15 Bats' 7.5 0.06 25 0.5 Bea* and cab salonskh 20 0.12 25 00 Embalming room° Pet shops (aeimal areas) ° Supermarkets 7.6 7,5 — 0.18 0.05 — 10 6 2,0 09 —. Sputa end amdarned 01aarldance06ara 20 0.05 140 _ Bowling alleys{sesfirg areas) 10 0.12 40 _ Game araades • 7,6 018 20 lie cocas oambustion engines 0.30 — 05 Om, steam, arena (play area) — 0.30 . _ — Spadaforareas 7.5 0.06 150 — Swimming pools (pool and dadcor'ea) _ 0,48 _ —. Haab clubfseroblmroom 20 008 40 — Health dublwei lmom 20 008 10 -- Storage Repair garages, enclosed parkirg gimp °° — — — 035 Warehouses — 008 — — 1haalers _ _ — _ . AudNorluns (ssa education) 5 0,06 150 -- Laam. .. 10 0.08 70 — Slapea, stubs 5 0,06 60 — Ticket bads Traneporlation , Platforms 7:5 808 100 — Transportation waking 7.5 008 100 — Workrooma Sank valdtsisafedeposit 6 0:06 5 -- Darkraoms — -- — 1,0 Copy, p0n0ng roams 6 0q6 4 0:5 Meal pmoasssIrg° 15 — 10 — 'Pharmacy {prep,area) 6 0,18 10 — Photo studios 5 0.12 16 —. Computer (w8hoalpriding) 5 006 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 0m2): C = [(F) - 32111.8: 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. 1 "a • `.0.0) 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: "Lj1 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. "' "al Section 106.6.2 of the International Plumbing Code is revised to read as follows: 81 -331- "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. 10 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, fireblocking, firestopping, 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 -332- m 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 appeals process 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. 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 pray 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. "Lioj 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. " Section 606.2 of the International Plumbing Code is revised to read as follows: 83 —333— "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. "(12) 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 608.1.1 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. "(13) 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. "(14) 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. "(15) 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 -334- 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. "LID 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. "LiD 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 8181.1 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; (Type K, L, M or DWV) ASTM B 251; ASTM B 306 Galvanized steel pipe ASTM A 53 Glass pipe ASTM C 1053 Polyofefin 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 Poiyvinylidene fluoride (PVDF) ASTM F 1673; CAN/CSA plastic pipe . ,._ .., -,. _. B181.3 Stainless steel drainage systems, ASME A112.3.1 Types 304 and 316L 85 -335- "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 wail Asbestos cement -• i •e ASTM C 428 ..- ::: drain diameters, including SDR 42 CISPI r Copper or copper-alloy tubing ASTM B 75; ASTM B 88; cellular core or composite wall Asbestos cement -pipe Polvolefin pipe ASTM F 1412; ASTM A 74; ASTM A 888; CAN/CSA B181.3 Polyvinyl chloride (PVC) plastic ASTM r 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 3161_ "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 (PS 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 -336- "(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." "LIM 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. "2(1 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 (60,960 mm) from the junction of the building drain and building sewer, at each change in direction, and at intervals of not 87 -337- 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 D 3034; CSA B182.2: pipe in sewer and drain diameters, CSA B182.4 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 cla i e 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." "LIM 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. "2(1 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 (60,960 mm) from the junction of the building drain and building sewer, at each change in direction, and at intervals of not 87 -337- 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 junction 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 junction of the building drain and building sewershall comply with section 708.7. '708.3.5.1 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 junction of the building sewer and public sewer at the property line. "(22) Section 708.7 of the International Plumbing Code is revised to read as follows: `708.7 Minimum size. Ceeanouts 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. 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 710.1(1). "(24) 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 gap." "(25) Section 802.1.8 of the International Plumbing Code is revised to read as follows: 88 -338- " 27 "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 pap. 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 gap 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. 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 shah 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). "g0Z 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 International 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. 89 -339- "f32) Section 1003.2 of subsections 1003.2, the international Plumbing Code is amended by adding new 1 through 1003.2.3 and related figures: "1003.2.1 Minimum 0 F d w w z w w 0 2 .0 W D 0 0 u. 0 z w 2 w 3 0 w 2 2 Z requirements for custom grease interceptor per Figure 1003.2.1. N P1 0 w 7 0 a, 90 —340— "1003.2.2 Minimum requirements for oil and sand interceptors remote from service bay areas per Figure 1003.22. "1003.2.3 Minimum requirements for oil and sand interceptors located in service bay areas per Figure 1003.2.3. 11 "(3 Section 1003,3 of the International Plumbing CoQ is revised as lows 93 -343- "1003.3 Grease interceptors. Grease interceptors shall comply with the requirements of sections 1003.3.1 through 1003.3.7.1. "(34) 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. "{ 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 —344— "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 outset, 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 inset 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 interceitors are prohibited in underground applications. "(37) Section 1003.4 of the international Plumbing Code is revised to read as follows: "1003.4 Oil separators required. At repair garages, detail shops, car washing facilities, 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. "M 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 —345— "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 specifically 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 1 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 Tine 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 riot equipped 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. 96 -346- "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: It 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 and 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 (RV). 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 lb, 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 97 —347— "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. "H103.2 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 pas 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 vialation of this Appendix or of any city or county ordinance, code, 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. "H105 SERVICE BUILDINGS 98 -348- "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. "11105.4 Water supply for fixtures. "H105.4.1 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. "11105.5 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 99' -349- 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 2/3 full. "11108.5 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. "H108.7 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 less than 4 -inch diameter. "11108.9 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. 100 -350- "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 matn_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 Tess 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. 101 -351- "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 1/2 -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 "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 II of ANSI A119.2. "1102 DEFINITIONS "1102.1 Definitions. Definitions contained in chapter 2 of the 2009 edition of the International Plumbing Code and section 1-1102 of Appendix H shall also apply to Appendix I, except where the following special definitions shall apply: 102 -352- "Manufactured home. A vehicular, portable structure built 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 gas 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. 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. "6. 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 —353- 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 fess 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 2/3 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 gas -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. 104 —354— "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. "I107.6- 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 openinQof 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 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. "1108.3 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 drp -tight at a reduced pressure of not less than 1, or more than 5, psi. Valves must be identified with the manufacturer's 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 rigidpipe 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 -355- 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 fiftinq, or solvent welder, not less 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. "1110.2 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 -356- "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 0, Gray Water Recycling Systems (see International Residential Code Section RI 02.5 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: HLU 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 - Family Dwellings of the City of Corpus Christi and shall be cited as such and will be referred to herein as `this code.' Section R105.1 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, 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. "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. "Ri.05.10.2 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 protects. 107 -357- " 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 /plumbing 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' SUBJECT TO DAMAGE FROM WINTER DESIGN TEMP' ICE BARRIER UNDERLAYMENT REQUIRED'' FLOOD N'�RDS' AIR FREEZING INDEX' MEAN ANNUAL TEMPI d Sm (mph) Topographic efects4 Weathering' Frost line depth" Termite` 0 120/130 - A Negligible 0 - Very High 32 -40 N/A 1971 51500 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 (Le., "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., C73,C90,C 129,C I45,C216orC652. b. The frost line depth may require deeper footings than indicated in Figure R403.1(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)]. 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. R. The jurisdiction shall 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(s) 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.IL R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of Iocal damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall filI 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.nedc.noaa.gov /fpsf.html. 108 -358- j. The jurisdiction shall fiII 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.gov/fpsf.html. 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. "LI 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. "a), 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 wall 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. Townhouses separated by a common 2 -hour fire- resistant rated wall as provided in section 302.2. "(9) Section R302.3 of the International Residential Code is revised to read as follows: 109 -359- "R302.3 Two - familv dwellings. Dwelling units in two - family dwellings shall be separated from each other by wall and/or floor assemblies having not less 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. TM Section M1307.3.1 of the International Residential Code is amended by adding a new subsection M1307.3.1.1 to read as follows: "MI307.3.1.1 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. "rte Section M1401.4 of the International Residential Code is revised to read as follows: "M1401.4 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 R301.2.1.1. "LIL 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. "II 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: 110 -360- "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. "(14) 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. "ems 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). "01 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: "P2503.7.1 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. "LID 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. "(18) 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 less 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 pressure principle backflow preventer. "f22) 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 -362- 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. "241 Section P2903.9.1 of the International Residential Code is revised to read as follows: "P2903.9.1 Service valve. Each dwelling 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 1/2 inches. "M 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 (9.15 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; exterior porches; unheated entry areas, such as mud rooms, that are adjacent to an exterior door; and similar areas. "M 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. "(271 Tables P3002.1 (1) and P3002.1 (2) of the International Residential Code are revised to read as follows: 113 -363- "TABLE P3002.1 (1) "ABOVE- GROUND DRAINAGE 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) Brass pipe ASTM B 43 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. DVVV) ASTM B 306 Galvanized steel pipe ASTM A 53 Polyolefin pipe CSA B181.3 Polyvinyl chloride (PVC) plastic pipe in IPS ASTM D 2665; CSA B181.2; 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 888 114 -364- 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 ASTM F 1412; CSA B181.3 Polyvinyl chloride (PVC) plastic pipe in IPS ASTM D 2665; CSA B181.2 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, Type ASME A 112.3.1 316L For SI: 1 inch = 25.4 mm. " 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. ") Section P3005.2.7 of the International Residential Code is revised to read as follows: "P3005.21 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 Wve cleanout to public sewer. A wye -type cleanout, not less 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. " 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 ioint connections, or stack cleanouts that are not more than one pipe diameter smaller than the drain served shall be permitted. 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 muss be designed by a licensed engineer. "01 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 gap. ",() 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 least 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. "al 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 -366- "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: 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 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 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: 117 -367- "1. 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 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 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 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 AR106. "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 Any 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 AR1 D6, lashed to rigid construction capable of holding the travel trailer 118 -368- 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 (3/8) inch,_ 7 x 7 cable (seven (7) strands of #7 wires 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 eyes. "7. Other tensioning devices of similar strength that are approved. "AR105.3 Minimum working loads and overloads. 119 -369- "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). Mobile homes. Anchoring equipment for mobile homes 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). It "AR105.4 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 36 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 -370- All Box Widths Number of Diagonal Ties Required Mobile Home Box . Length (feet) 33 to 43 4 43 to 52 5 53to63 6 120 -370- 64 to 73 74 to BO "Note: The diagonal ties nearest the end of the unit shall be placed between four (4) and eight (8) feet from the end. "AR106 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: "t . 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. 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. CC "Anchors to slabs shall equal the pull resistance described in AR105. All augers, arrowheads, or anchors shall be made of galvanized steel. "AR106.3 Quantitv of blocking and anchorage. Approved blocking and anchorage is illustrated in Figure AR -106: MK DA GtV. S76Z Skit-3/D' II. DA NY WWI C19_•Ife• (NV) ELEVATION MORE HORSE AN[HORINGSYSTEIS AR1O6.3 r-W1 Ran SEC Di U0 PRWAI6 MP FWD DM DI Sin fK R O ICS SU Ma ?ODE SOP FDD,'TD GEV6 1S. SEll DETAIL 41 APPROVED CLEYISBTURNSUCI EL 11 MD MS k'1D • SD.t HELM 40.C. POS1 •..Wu 1f,lf ii' ANT TIM E11H:.7i I -XD1 d IVAQS SWY.) DM SI DETAIL APPROVED BLOCKING • wet 37r.,a 11E-DOWN SPAR DETAIL ORECOMMENDED BLOCKING V wv S . rx wes L,' -r-7 • i1 9 F • y SOIL AUGER DETAIL "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 (16) 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 -372- "AR106.5 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. If 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. 123 -373- 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 Aflame 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: PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary APPROVED: David Loeb John Marez Nelda Martinez Mark Scott day of , 2011. day of , 2011: L. Brian Narvaez Assistant City Attorney For City Attorney 125 —375— Joe Adame Mayor 21 DATE: TO: FROM: AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 12/13/2011 Ronald L. Olson, City Manager Michael Barrera, Assistant Director of Financial Service mikeb @cctexas.com 361 -826 -3169 Lease purchase of a Pierce rescue pumper CAPTION: RECOMMENDATION: Motion approving the lease purchase of one (1) Pierce rescue pumper from Siddons Fire Apparatus, Inc., of Manor, Texas in the amount of $425,000 of which $7,589.57 are required for FY11/12. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. The rescue pumper will be used by the Fire Rescue Division of the Fire Department. Funds for the lease purchase of the rescue pumper will be provided through the city's lease /financing program. BACKGROUND AND FINDINGS: The Pierce rescue pumper will be used by the Fire Rescue Division of the Fire Department for emergency response services. This unit is a replacement to the fleet. Currently, the City operates twenty -eight fire fighting units in the fleet with twenty -two operating as front line units and six units placed in reserve status. The existing rescue pumper will replace one of the front line units which will likely be placed in reserve status. The existing reserve unit will be taken out of service and sold at public auction or transferred to another public agency. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The Pierce rescue pumper 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 rescue pumper. The estimated annual payment is $91;074.84. Total estimated cost over the sixty -month period, including principal of $425,000 and interest of $30,374.20, is $455,374.20 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: Fire Department -379- FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $719,613.00 447,784.63 $1,167,397.63 Encumbered / Expended Amount 711,586.36 0.00 711,586.36 This item 7,589.57 447,784.63 455,374.20 BALANCE $ 437.07 0.00 $ 437.07 Fund(s): General Fund Comments: Lease payments are expected to commence on or about July 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. CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: ELISA COVINGTON COUNCIL DATE: DECEMBER 13, 2011 PRICE SHEET: BI-0063-12 RESCUE PUMPER Siddons Fire Apparatus, Inc. Manor, TX Item Description 1 Pierce Saber SLT, .Rescue Pumper, 1250 GPM Qty. Unit Unit Extended Price Price TOTAL: 1 each $ 425,000.00 $425,000.00 $425,000.00 22 DATE: TO: FROM: AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 12/13/2011 Ronald L. Olson, City Manager Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361 - 826 -3169 Lease Purchase of Refuse Containers. CAPTION: RECOMMENDATION: Motion approving the lease purchase of 6,500 95196 - gallon curbside refuse containers from Toter Incorporated, Statesville, NC for the total amount of $293,800, of which, $31,479.72 is required for fiscal year 2011/2012. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The containers will be used in the City's automated collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's lease /purchase financing program. BACKGROUND AND FINDINGS: The containers will be used in the City's automated collection program. These containers will be distributed to residents in new start-up homes, residents requesting additional containers and replacement units. The entire City is currently on the automated collection program. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The containers will be funded for a sixty -month period with an estimated interest rate of 3.75 %. The actual interest rate will be determined after the acceptance of the containers. The estimated annual payment for the Solid Waste Department is $62,959.44. Total estimated cost over the sixty -month period, including principal of $293,800.00 and interest of $20,997.20, is $314,797.20 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: Solid Waste Department —385 FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2.,143,417.91 $283,317.45 $2,426,735.36 Encumbered / Expended Amount 4,699;998.88- 0.00 1,699,998.88 This item 31,479.75 283,317.45 314,797.20 BALANCE $411,939.28 0.00 $411,939.28 Fund(s): General Fund Comments: Lease payments are expected to commence on or about February 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 CITY OF CORPUS CHRIST( PURCHASING DIVISION SENIOR BUYER: ELISA COVINGTON COUNCIL DATE: DECEMBER 13, 2011 PRICE TABULATION NO: B1- 0036 -12 REFUSE CONTAINERS $ 293,800.00 TOTAL: (1.) Note Cascade Engineering conditioned their quote to their own terms and conditions. -387- $ 306,800.00 $ 307,600.00 Toter Incorporated Statesville, NC Cascade Engineering (11 Kentwood, MI Rehrig Pacific Company Dallas, TX Item Description Qty. Unit Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price 1 6,500 96- gallon refuse containers 1 Lot $ 293,800.00 $ 293,800.00 $ 306,800.00 $306,800.00 $ 307,600.00 $307,600.00 $ 293,800.00 TOTAL: (1.) Note Cascade Engineering conditioned their quote to their own terms and conditions. -387- $ 306,800.00 $ 307,600.00 23 AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 DATE: 12/13/2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 Mikeb@cctexas.com CAPTION: Award of a supply agreement: Cold Mix -Cold Laid Asphalt and Pre - Coated Aggregate Bid Invitation -- BI- 0018 -12 RECOMMENDATION: Motion approving a supply agreement with Martin Marietta Materials, San Antonio, Texas, for approximately 4,000 tons of cold mix -cold laid asphalt and approximately 1,000 tons of pre - coated aggregate, in accordance with Bid Invitation No. BI- 0018 -12 based on lowest responsible bid for an estimated semi - annual expenditure of $287,000. 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 his designee. Funds are available in the Material Inventory Fund. BACKGROUND AND FINDINGS: Pre - coated aggregate is used with liquid asphalt binder to seal coat streets, which extends the life of the riding surface. Cold mix -cold laid asphalt is used to repair streets after utility cuts are made by the Utility Departments. The Street Department uses the material as an overlay and as an alternate patching material when regular hot mix asphalt is not available. ALTERNATIVES: Not applicable. 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: Street Department FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $3,290,432.88 $3,290,432.88 Encumbered / Expended Amount $617,218.56 $617,218.56 This item $287,000.00 _ $287,000.00 BALANCE $2,386,214.32 $2,386,21 4.32 und(s): General Fund Comments: Not applicable. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid tabulation 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 -392- Bid invitation No.: B1- 0018 -11 Cold Mix - Cold Laid Asphalt & Pre- Coated Aggregate Buyer: Gabriel Maldonado Date: 12/13/11 ITEM DESCRIPTION 1. Cold Mix - Cold Laid Asphalt, Type B, Item 330 Truck delivery to the Holly Road stock pile 2. Pre - Coated Aggregate, Grade 4 modified, minimum polish value of 30. Truck delivery to Holly Road stock pile Total CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION MARTIN MARIETTA MATERIALS SAN ANTONIO, TEXAS VULCAN CONSTRUCTION MATERIALS SAN ANTONIO, TEXAS Unit QTY. UNIT Price 4,000 Ton $60.60 1,000 Ton $44.60 Extended Price $242,400.00 $44,600.00 $287,000.00 Unit Extended Price Price $63.25 $253,000.00 $46.25 $46,250.00 $299,250.00 24 AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 DATE: 12/13/2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361- 826 -3169 CAPTION: Repair of Raw Water Pump #3 -- Pump Station # 1. RECOMMENDATION: Motion approving a repair work order with Smith Pump Company, Inc., McAllen, Texas, for the removal, repair, installation and start up of Raw Water Pump #3 located at Pump Station #1, based on sole source in the amount of $75,058. Funds are budgeted in the Water Department Fund in FY2011- 2012. BACKGROUND AND FINDINGS: Raw Water Pump Station (RWPS) #1 and #2 are located at 13741 Smith Drive. These RWPS provide raw water from Nueces River to the O.N. Stevens Water Treatment Plant for filtration and disinfection. RWPS # 1 has four pumps (1, 2, 3 & 4); however, only one of the four pumps is operational. This repair will double the current pump capacity at RWPS # 1 and provide for redundancy in the City's raw water inflow needs. ALTERNATIVES: Smith Pump Company, Inc. is the sole source distributor and servicing dealer for the pump needing repair; Flowserve Pumps. OTHER CONSIDERATIONS: Not applicable. 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: Water Department FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $749,843.00 $0.00 $749,843.00 Encumbered / Expended Amount $0.00 $191,595.13 $0.00 $191,559.13 This item $0.00 $75,058.00 $0.00 $75,058.00 BALANCE $0.00 $483,189.87 $0.00 $483,189.87. unocs): Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet 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 PRICE SHEET PURCHASING DIVISION BI- 004612 SENIOR BUYER: GABRIEL MALDONADO DATE: DECEMBER 13, 2011 Smith Pump Company, Inc. McAllen, Texas ITEM DESCRIPTION QTY UNIT UNIT PRICE EXTENDED PRICE 1 REPAIR RAW WATER PUMP #3 to include removal from worksite, teardown, inspection, repair, install and startup. TOTAL 1 LOT $75,058.00 $75,058.00 $75,058.00 25 AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 DATE: 12/13/2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (36.1) 826 -3169 Mikeb @cctexas.com CAPTION: Lease of a motor grader in accordance with Bid Invitation No. BI- 0029 -12 Motion approving a supply agreement with Doggett Machinery, Corpus Christi, Texas, for the lease of a motor grader in accordance with Bid Invitation No. BI- 0029 -12, based on lowest responsible bid, for an estimated twenty -seven month expenditure of $184,005, of which $40,890 is budgeted for FY 2011 -2012. The term of the agreement shall be for nine months (February — October) for three consecutive years beginning in 2012. Funding is budgeted and available in the Parks and Recreation FY2011 -2012 adopted budget. BACKGROUND AND FINDINGS: The motor grader will be used by the Beach Operations Division of the Parks and Recreation Department to maintain the beach and beach roadways. The equipment will be used for nine (9) months out of the year and returned to the vendor for the three (3) months that the equipment is not being used. The City will not be charged for those three (3) months. ALTERNATIVES: The decision to lease the motor grader in lieu of purchasing the equipment was made due to the harsh conditions at the beach. The lease provides for a full maintenance agreement that will keep the unit operational throughout the term of the lease. The City will establish a new lease for replacement equipment at the end of the term in October 2014. The bid response received from Doggett Machinery meets all technical and qualification requirements, as specified in the bid invitation. OTHER CONSIDERATIONS: Pricing was submitted by H &V Equipment Services, Inc. of Corpus Christi, Texas, however; the company failed to meet specification requirements regarding the acceptable year model, as specified in the bid invitation. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. -403- EMERGENCY / NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line item Budget $124,366.83 $143,115.00 $267,481.83 Encumbered / Expended Amount 53,202.19 0.00 53,202.19 This item 40,890.00 143,115.00 184,005.00 BALANCE $30,274.64 $0.00 $30,274.64 un sl: venerai run RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: BI- 0029-12 Bid Tabulation 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 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: SAVANNAH CRUZ DATE: DECEMBER 13, 2011 BID TABULATION LEASE OF MOTOR GRADER BID INVITATION NO. 13I- 0029 -12 ITEM DESCRIPTION QTY UNIT Lease of one used motor grader in accordance with Specification No. 1089 1. Monthly Lease Rate Grand Total: Doggett Machinery Corpus Christi, Texas UNIT EXTENDED PRICE PRICE *H &V Equipment Services, Inc. Corpus Christi, Texas UNIT EXTENDED PRICE PRICE 27 Month $8,815.00 $184,005.00 $184,005.00 $10,550.93 $284,875.11 $284,875.11 * The bid received from H &V Equipment Services, Inc, did not meet specifications regarding the acceptable year model. -405- 11:45 A.M. Proclamation declaring December 6, 2011 as "14th Annual Tree of Angels Day" Certificate of Commendation to Science and Spanish Club Network- Martin Middle School Certificate of Commendation to Apollo Towing Service Coastal Bend Bays and Sea Check Presentation to the City of Corpus Christi AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 DECEMBER 6, 2011 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4 :00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. if you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree gue su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Comilla 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 Pastor David Beirne, Travis Baptist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem 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 December 6, 2011 Page 2 E. MINUTES: 1 Approval of Regular Meeting of November 15, 2011. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 2. Acceptance of State grant to improve technology between Police Lab and Records Management System 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 Agenda Regular Council Meeting December 6, 2011 Page 3 between the Police Department Laboratory Information Management System and Records Management. System, and to execute all related documents. (Attachment # 2) 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 # 2) 3. Award of contract to remodel City building to create a property storage facility for Police 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 # 3) 4. Award of contract to remodel City building for Internal Affairs Division of the Police Department 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 # 4) 5. Approval of a 20 -year Memorandum of Agreement with Federal Aviation Administration to consolidate 20 existing leases for use of airport property for navigational aids Second 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 for publication. (First Reading — 11108111) (Attachment # 5) Agenda Regular Council Meeting December 6, 20.11 Page 4 1. 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. * Executive session pursuant to Section 551.071(1)(A) of the Texas Government Code to consult with attorneys regarding Cause No. 13 -10- 00272 -CV, styled San Patricio Municipal Water District and South Texas Water Authority vs. City of Corpus Christi, presently on appeal from the 319th District Court of Nueces County, Texas. * 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. * Executive session pursuant to Section 551.071 of the Texas Government Code to consult with attorneys regarding litigation involving construction issues • at HEB Tennis Center, with possible discussion and action in open session. * Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session. J. PUBLIC HEARINGS: ZONING CASES: 6. Zoning chance for property located at 1009 Coleman Avenue from residential to commercial Zoning Case No. 0911 -04, The Other Door: A change of zoning from "RM -1" Multifamily 1 District to "CN -1" Neighborhood Commercial District, resulting in a change of future land use. Agenda Regular Council Meeting December 6, 2011 Page 5 The property described as Shannon Addition Lot 10, Block 1, located south of Coleman Avenue and east of South Staples Street. (Attachment # 6) Planning Commission's and Staffs Recommendation: Approval of the Applicant's request to rezone from the "RM -1" Multifamily 1 District to "CN -1" Neighborhood Commercial District. 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; and providing for publication. 7. Zoning change for property located at 522, 528, 532 and 538 Texan Trail from residential to commercial Zoning Case No. 0911 -05, Texan Trail Properties — A change of zoning from "RM -1" Multifamily 1 District to "CG -2" General Commercial District, without resulting in a change of future land use. The property described as Lindale Park Subdivision Section 4, Lots 23 -27, Block 40, located north of Texan Trail and west of South Alameda Street. (Attachment # 7) Planning Commission's and Staffs Recommendation: Denial of the Applicant's request and in lieu thereof approval of the "ON" Office District. 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 and 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; and providing for publication. Agenda Regular Council Meeting December 6, 2011 Page 6 K. REGULAR AGENDA CONSIDERATION OF MOTIONS RESOLUTIONS AND ORDINANCES: 8. Code Amendment for keeping urban chickens Second 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. (First Reading — 11/15111) (Attachment # 8) 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 # 9) 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 314 vote of Council) (Attachment # 9) 10. Approval of tax abatement agreement with for development of a nursing and rehabilitation facility at 3030 Fici Street Resolution authorizing the execution of an agreement with Corpus RP -Two, Ltd., providing for temporary property tax abatement. (Attachment # 10) 11. Approval of Type A Board grant funds for modification of Del Mar College Aviation Maintenance Technical Training Facility at the Corpus Christi International Airport 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 2011 -2012 Operating budget adopted by Ordinance No. 029155 to increase appropriations by $225,000. (Attachment # 11) Agenda Regular Council Meeting December 6, 2011 Page 7 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 # 11) 12. Approval of Type A Board grant funds for expansion of the Craft Training Center of the Coastal Bend 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 FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $1,750,000. (Attachment # 12) 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 # 12) L. FIRST READING ORDINANCES: 13. Ordinance to appropriate street construction funds: Aquarius Street First Reading Ordinance — Appropriating and approving the transfer of funds in the amount of $950,000 from the Unreserved Fund Balance in the No. 1020 General Fund for the prior and current expenditures including construction of the Aquarius Street project from Dasmarinas to Commodores into and appropriating in the Street Capital Improvement Fund No. Agenda Regular Council Meeting December 6, 2011 Page 8 3530; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing appropriations by $950,000 in the No. 1020 General Fund. (Attachment # 13) 14. Appropriation of funds to partially reimburse the developer of Tortuga Dune Subdivision from the Sanitary Sewer Trust Fund for Zahn Road Master Plan Lift Station First Reading Ordinance — Appropriating $650,000 from the Sanitary Sewer Trunk System Trust Fund No. 540450- 21800- 4220 to pay the Preserve at Mustang Island, LLC, for the construction and installation of a master plan lift station with 8- foot diameter wet well, 8,376 - linear feet of a 4 -inch and 6 -inch PVC dual force main, and related appurtenances, located east of State Highway 361, south of Zahn Road. (Attachment # 14) 15. Approval of Use Privilege Agreement to use portion of City sidewalk as an outdoor seating space for Aria Sky Terrace First Reading Ordinance - Authorizing the City Manager or designee to execute a Use Privilege Agreement with Pietsch Realty Investments, LLC, (Owner and Permittee), granting and conveying a use privilege of a 4' x 20' section (80- square foot portion) of public City sidewalk right -of -way as an outdoor seating space, in consideration of $560, a one -time use privilege fee; subject to compliance with the specified conditions. (Attachment # 15) 16. Transferring $270,000 from Hotel Occupancy Tax Fund to General Fund for beach maintenance First Reading Ordinance — Authorizing the transfer of $270,000 from the Hotel Occupancy Tax Fund No. 1030 to and appropriating in the General Fund No. 1020 for beach maintenance; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase both revenues and expenditures in the General Fund by $270,000 each. (Attachment # 16) Agenda Regular Council Meeting December 6, 2011 Page 9 17. Appropriation of Community Enrichment funds for park improvements First Reading Ordinance - Appropriating $120,090.66 in developer contributions and $553.65 in interest earnings for a sum of $120,644.31 in the No. 4720 Community Enrichment Fund for park improvements and other related projects. (Attachment # 17) 18. Code amendment for placement of microchips in impounded animals First Reading Ordinance - Amending the Code of Ordinances, Chapter 6, Section 6 -103, entitled "Impoundment," to require an animal released from impoundment to have a microchip and provide for payment of the device; providing for penalties; providing for an effective date; and providing for publication. (Attachment # 18) 19. Code amendment authorizing an interlibrary loan service fee of $2.75 to offset reduction in grant funds First Reading Ordinance - Amending Section 2 -79 of the Code of Ordinances by authorizing an interlibrary loan service .fee; providing an effective date; and providing for. publication. (Attachment # 19) 20. Code amendment adopting technical construction codes and proposed amendments First Reading 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 penalties; providing for publication; and providing for an effective date. (Attachment,# 20) Agenda Regular Council Meeting December 6, 2011 Page 10 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. FUTURE AGENDA ITEMS: 21. Lease purchase of pumper truck for Fire Department Motion approving the lease purchase of one (1) Pierce rescue pumper from Siddons Fire Apparatus, Inc., of Manor, Texas in the amount of $425,000 of which $7,589.57 is required for FY 2011 -2012. The award is based on the cooperative purchasing agreement with the Texas Local Government Cooperative. The rescue pumper will be used by the Fire Rescue Division of the Fire Department. Funds for the lease purchase of the rescue pumper will be provided through the City's lease/financing program. (Attachment # 21) 22. Lease purchase of curbside refuse containers Motion approving the lease purchase of 6,500 95196- gallon curbside refuse containers from Toter Incorporated of Statesville, North Carolina for the total amount of $293,800, of which $31 ,479.72 is required for FY 201 1 -2012. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The containers will be used in the City's automated collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's lease /purchase financing program. (Attachment # 22) 23. Award of a supply agreement: Cold Mix -Cold Laid Asphalt and Pre - Coated Aooregate for use by Street and Utility Departments Motion approving a supply agreement with Martin Marietta Materials, of San Antonio, Texas for approximately 4,000 tons of . cold mix -cold laid asphalt and approximately 1,000 tons of pre - coated aggregate, in accordance with Bid Invitation No. BI- 0018 -12 based on lowest responsible bid for an estimated semi- annual expenditure of $287,000. 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 for the supplier and the City Manager or designee. Funds are available in the Material Inventory Fund. (Attachment # 23) Agenda Regular Council Meeting December 6, 2011 Page 11 24. Repair of Raw Water Pump #3 -Pump Station #1 located at 13741 Smith Drive Motion approving a repair work order with Smith Pump Company, Inc., of McAllen, Texas for the removal, repair, installation and start up of Raw Water Pump #3 located at Pump Station #1, based on sole source in the amount of $75,058. Funds are budgeted in the Water Department Fund in FY 2011- 2012. (Attachment # 24) 25. Lease of a motor Grader for beach and beach roadway maintenance Motion approving a supply agreement with Doggett Machinery, of Corpus Christi, Texas for the lease of a .motor grader in accordance with Bid Invitation No. BI- 0029 -12, based on lowest responsible bid, for an estimated twenty -seven month expenditure of $184,005, of which $40,890 is budgeted for FY 2011 -2012. The term of the agreement shall be for nine months (February- October) for three consecutive years beginning in 2012. Funding is budgeted and available in the Parks and Recreation FY 2011 -2012 adopted budget. (Attachment # 25) 26. Service agreement for local and lona distance services Motion approving a service agreement with Tel West Network Services, of Austin, Texas for local and long distance telephone service, in accordance with Bid Invitation No. 61-0092-11, based on lowest responsible bid, for an estimated three -year expenditure of $394,108.92, of which $76,632.29 is required and budgeted for the remainder of FY 2011 -2012. The term of the service agreement will be for three years with an option to extend for up to two additional twelve -month periods subject to the approval of the service provider and the City Manager or designee. Funds are budgeted in the Municipal Information System Fund for the remainder of FY 2011 -2012 and will be requested in future fiscal years. (Attachment # 26) 27. Service agreement for utility worksite restoration services Motion approving service agreements with the following companies for the following amounts, in accordance with Bid Invitation No. BI- 0195 -11, based on lowest responsible bids for an estimated annual expenditure of $139,932.90, of which $81,627.53 is required for FY 2011 -2012. The term of the Agenda Regular Council Meeting December 6, 2011 Page 12 contracts will be for twelve months with options to extend the agreements for up to two additional twelve month periods subject to the approval of the contractors and the City Manager or designee. Funds have been budgeted by the Water Department in FY 2011 -2012. (Attachment # 27) Dorome General Repair Corpus Christi, Tx Primary Contractor $54,167.40 Pang Construction Corpus Christi, Tx Secondary Contractor $49,338.63 Abel's Paving & Construction Inc. Corpus Christi, Tx Tertiary Contractor $36,426.87 Grand Total: $139,932.90 28. Approval of purchase and installation of new park equipment for Lamar Park a. Ordinance appropriating $22,700.21 in community contributions in the No. 4720 Community Enrichment Fund for improvements, and other related projects. (Attachment # 28) b. Motion approving the purchase and installation of a play structure from The PlayWell Group of Dallas, Texas, based on the cooperative purchasing agreement with the Texas Local Government Cooperative, in the amount of $65,408.67. The purchase is for new park equipment for Lamar Park. Funding is budgeted and available in the Parks & Recreation 2010 General Obligation (Bond 2008) CIP Fund and the Community Enrichment Fund. (Attachment # 28) 29. Acceptance of State grant funds for Homeland Security Projects a. Resolution authorizing the City Manager • or designee to execute the 2011 Sub - Recipient Agreement. (SRA) and all related documents in the amount of $62,259 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and authorizing the City Manager or designee to accept, reject, alter or terminate the grant. (Attachment # 29) b. Ordinance appropriating $62,259 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Agenda Regular Council Meeting December 6, 2011 Page 13 Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response and recovery capabilities. (Attachment # 29) 30. Acceptance of State grant funds for State Homeland Security Terrorism Prevention Activities a. Resolution authorizing the City Manager or designee to execute the 2011 Sub- Recipient Agreement •(SRA) and all related documents in the amount of $59,643 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), Law Enforcement Terrorism Prevention Activity (LETPA); and authorizing the City Manager or designee to accept, reject, alter or terminate the grant. (Attachment # 30) b. Ordinance appropriating $59,643 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out law enforcement terrorism prevention and protection - oriented activities (LETPA) such as planning, organization, training, exercises and purchase needed equipment. (Attachment # 30) 31. Acceptance of State grant funds for Homeland Security Medical Response Programs a. Resolution authorizing the City Manager or designee to execute the 2011 Sub - Recipient Agreement (SRA) and all related documents in the amount of $267,608.35 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System (MMRS); and authorizing the City Manager or designee to accept, reject, alter or terminate the grant. (Attachment # 31) Agenda Regular Council Meeting December 6, 2011 Page 14 b. Ordinance appropriating $267,608.35 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System Program (MMRS), into the No. 1062 Fire Grants Fund to support the integration of emergency management, health and medical systems into a coordinated response to mass casualty incidents caused by any hazard and purchase medical equipment. (Attachment # 31) 32. Acceptance of grant to develop a pipeline safety awareness program administered by the Gas Department a. Resolution authorizing the City Manager or designee to accept a grant in the amount of $49,990 from the United States Department of Transportation to enhance education, emergency response, and community awareness associated with pipeline safety issues and to execute ail related documents; and ratifying acceptance of the grant to be effective September 29, 2011. (Attachment # 32) b. Ordinance appropriating a grant in the amount of $49,990 from the United States Department of Transportation in the No. 1053, Gas Grants Fund to enhance education, emergency response and community awareness associated with pipeline safety issues. (Attachment # 32) 33. Acceptance of State grant funds for the Women, Infants and Children (WIC) program a. Resolution authorizing the City Manager or designee to accept a grant of $440,354 from the Texas Department of State Health Services to provide for the Women, Infants and Children (WIC) Program, based on a $12.34 reimbursement for each participant served, and to execute all related documents; and ratifying acceptance of the grant to begin as of October 1, 2011. (Attachment # 33) b. Ordinance appropriating a grant of $440,354 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the Women, Infants and Children Program, based on a $12.34 reimbursement for each participant served. (Attachment # 33) Agenda Regular Council Meeting December 6, 2011 Page 15 34. Acceptance of State grant funds for development and implementation of a wetland restoration plan for Oso Bay Learning Center and Wetland Preserve in conjunction with Coastal Bend Bays Foundation a. Resolution authorizing the City Manager or designee to accept a grant from the Texas General Land Office Coastal Management Program in the amount of $100,000 for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve, with a City match of $47,000 in the Fund No. 3292 Parks and Recreation 2010 GO (Bond 2008) and a $20,000 cash match from the Coastal Bend Bays and Estuaries Program, Inc. and a total project cost of $167,000. (Attachment # 34) b. Ordinance appropriating $100,000 from the Texas General Land Office Coastal Management Program in the No. 1067 Parks and Recreation Grants Fund for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve. (Attachment # 34) c. Motion authorizing the City Manager or designee to execute an agreement with the Coastal Bend Bays and Estuaries Program, Inc. for a $20,000 cash match for the Texas General Land Office Coastal Management Program. (Attachment #34) 35. Acceptance of a grant for the One Away Advocacy Campaign from the National Council on Aping (NCOA) a. Motion authorizing the City Manager or designee to execute an agreement with the National Council on Aging for funding in the amount of $20,000 for the One Away Advocacy Campaign. The contract period will be May 23, 2011 through December 31, 2011. (Attachment # 35) b. Ordinance appropriating a $20,000 grant from the National Council on Aging in the No. 1067 Parks and Recreation Grants Fund for the Elder Voices video footage project. (Attachment # 35) Agenda. Regular Council Meeting December 6, 2011 Page 16 36. Approval to amend an existing contract to purchase automated agenda management system a. Ordinance appropriating $28,900 from the Unreserved Fund Balance in the No. 1020 General Fund for services from Granicus, Inc. to implement an automated agenda management system; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $28,900. (Attachment # 36) b. Motion authorizing the City Manager or designee to execute a First Amendment to the Professional Services Agreement between Granicus, Inc. and the City of Corpus Christi for an automated agenda management system for a term of twelve months with three one -year automatic renewals, subject to annual appropriation of funds. (Attachment # 36) 37. Approval of the resale of foreclosed properties to collect delinquent ad valorem taxes Ordinance authorizing the resale of four (4) properties for minimum acceptable sales prices as follows, of which the City will receive $13,036.10, plus $3,719.35 for partial payment of City paving and demolition liens: (1) 402 Robert Drive; Lot 5, Block 1, Alameda Estates No. 3, in the amount of $12,000; (2) 5018 Cynthia Drive; Lot 34, Hilltop Village, in the amount of $1,000; (3) 7206 Eastphal Court; Lot 2, Block 3, Court of St. James Unit 2, in the amount of $53,875; and (4) 3626 Eastern; Lot 12, Airport Park Addition No. 2, in the amount of $2,000. (Attachment # 37) 38. Amendments to City Investment Policy Resolution approving amendments to the City Investment Policy to incorporate legislative changes made in 2011 to the Public Funds investment Act; and approving the investment policy as amended. (Attachment # 38) 39. Ratification of City Debt Management Policy Resolution affirming the Debt Management Policy for the City of Corpus Christi. (Attachment # 39) Agenda Regular Council Meeting December 6, 2011 Page 17 40. Temporary Infrastructure Deferment Agreement with Baker Hughes Oilfield Operations, Inc, Motion authorizing the City Manager to execute a Deferment Agreement with Baker Hughes Oilfield Operations, Inc. (Developer), in the amount of $367,153.93 for public improvements including construction of water, wastewater and storm water improvements for the Deaton Baker Subdivision, Block 1, Lot 1 located on State Highway 44, west of South Clarkwood Road and east of County Road 57, in accordance with the Unified Development Code, Section 8.1.10, Requirements for Plat Recordation Prior to Final Acceptance of Infrastructure Based on Financial Security. (Attachment # 40) 41. Award of contract for certain construction connected with Homeland Security protection Motion authorizing the City Manager or designee to execute a Job Order Contract with Barcom Commercial, Inc., of Corpus Christi, Texas in the amount of $61,906.54 for certain construction connected with Homeland Security protection. (Attachment # 41) 42. Award of contract for Turtle Cove Park/Jester Drainage Improvements Motion authorizing the City Manager or designee to execute a construction contract with H2O Construction, of Harlingen, Texas in the amount of $555,197 for the Turtle Cove Park /Jester Drainage improvements for the Base Bid. (Attachment # 42) 43. Approval of Professional Services Contract for City Wide Large Diameter Sanitary Sewer Cleaning and Inspection Program Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Coym, Rehmet & Gutierrez of Corpus Christi, Texas, in the amount of $243,413 for City Wide Large Diameter Sanitary Sewer Cleaning and Inspection Program. (Attachment # 43) Agenda Regular Council Meeting December 6, 2011 Page 18 44. Approval of. Master Implementation and Phasing Contract: Destination Bayfront Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Hargreaves Associates, of San Francisco, California in the amount of $1,315,137.50 for Destination Bayfront Master Implementation and Phasing Plan to include overall concept and schematic design phase services. (Attachment # 44) UPDATES TO CITY COUNCIL: 45. Update on Las Colonias Drainage Improvement Projects (Attachment # 45) 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, 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. Agenda Regular Council Meeting December 6, 2011 Page 19 O. CITY MANAGER'S COMMENTS: • Update on City Operations - Update on selection of Department Head positions 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 4:45 p.m., on December 1, 2011. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. 26 AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 DATE: TO: FROM: December 13, 2011 Ronald L. Olson, City Manager Michael Barrera, Assistant Director of Financial Service mikeb @cctexas.com 361 - 826 -3169 Local & Long Distance Services CAPTION: Motion approving a service agreement with Tel West Network Services of Austin, Texas for Local and Long Distance Telephone Service, in accordance with Bid Number BI- 0092 -11, based on lowest responsible bid, for an estimated three -year expenditure of $394,108.92 of which, $76,632.29 is required and budgeted for the remainder of FY 2011 -2012. The term of the service agreement will be for three years with an option to extend for up to two additional twelve -month periods subject to the approval of the service provider and the City Manager or designee. Funds are budgeted in the Municipal Information System Fund for the remainder of FY 2011 -2012 and will be requested in future fiscal years. BACKGROUND AND FINDINGS: The City's current provider of local and long distance telephone service is AT &T Corporation (AT &T), who has provided this service under two consecutive contracts for the last seven years; the last two years of which, was through the local and long distance telephone service contract between the Corpus Christi Digital Community Development Corporation (CCDCDC) and AT &T. Because the CCDCDC has been terminated, the City has competitively procured this service. ALTERNATIVES: None. OTHER CONSIDERATIONS: When comparing current pricing to that of the vendor recommended herein, pricing will decrease by approximately $92,776 or 23.4% over the three -year term of the recommended contract. CONFORMITY TO CITY POLICY: This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY/NON- EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Municipal Information Systems Department FINANCIAL IMPACT: o Not Applicable J Operating Expense ❑ Revenue -409- ❑ CIP Fiscal Year: 2011 -2012 Project -to -Date Expenditures (CIP) Current Year Future Years TOTALS Budget $0 $228,220.00 $317,476.63 $545,696.63 Encumbered / Expended Amount $0 $51,232.96 $0 $51,232.96 This item $0 $76,632.29 $317,476.63 $394,108.92 BALANCE $0 $100,354.75 $0 $100,354.75 Fund(s): Municipal Information System Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid tabulation attached. Approvals: Brian Narvaez, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie Rose, Assistant City Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION DATE: December 13, 2011 Bid No.: BI- 00092 -11 LOCAL & LONG DISTANCE SERVICES Tel West Network Services AUSTIN, TEXAS ITEM DESCRIPTION QTY UNIT UNIT PRICE MONTHS EXTENDED PRICE 1 Long Distance Service 2.1 POTS Lines CRCH TX BU CRCH TX CA CRCH TX FB CRCH TX PD CRCH TX TE CRCH TX TU CRCH TX WY 2.2 Business Multi -Line Acess Lines 2.3 Hunt Groups 2.4 Caller ID 2.5 Personalized Ring 2.6 Non- Recurring Charge.- Service Order 2.7 Non - Recurring Charge - Trip Charge 2.8 Non- Recurring Charge - Central Office 2.9 Ad Hoc Reports TOTAL 45,084 23 16 16 16 119 193 38 97 40 50 16 1 1 1 minute line line line line line line line multi -line line line dine order trip line hour -411- $0.02 36 $32,460.48 $39.99 $39.99 $39.99 $39.99 $19.99 $19.99 $19.99 36 36 36 36 36 36 36 $0.00 36 $0.00 36 $0.00 $0.00 $50.00 $0.00 $75.00 $85.00 $33,111.72 $23,034.24 $23,034.24 $23,034.24 $85,637.16 $138,890.52 $27,346.32 $0.00 $0.00 36 $0.00 36 $0.00 36 $1,800.00 36 $0.00 36 $2,700.00 36 $3,060.00 $394,108.92 POTS LINES AND LONG DISTANCE SERVICE AGREEMENT Service Agreement No.: SA12 -042 THIS POTS Lines and Long Distance Service Agreement (this "Agreement ") is entered into by and between Tel West Network Services Corporation (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City "), by and through its duly authorized City Manager or designee ( "City Manager "), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide POTS Lines and Long Distance Service in response to Bid Invitation No. BI- 0092 -11 (which includes Specification 1241, dated 10/18/11) which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide POTS Lines and Long Distance Service in accordance with Bid Invitation No. BI- 0092 -11 (which includes Specification 1241, dated 10/18/11). 2. Term. This Agreement is for thirty -six (36) months commencing on and continuing through The term includes an option to extend for up to two additional twelve -month periods subject to the approval of the Contractor and the City Manager. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Director of Municipal Information Services. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the Director of Municipal Information Services will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance 412 of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31st), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI- 0092 -11 (which includes Specification 1241, dated 10/18/11), or the Contractor's bid offer to Bid Invitation No. BI- 0092 -11 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. 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 such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas, 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Director of Municipal Information Systems. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI- 0092 -11 (which includes Specification 1241, dated 10/18/11). Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure, If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty -four (24) hours' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. -413- 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand - delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Director of Municipal Information Systems P.O. Box 9277 Corpus Christi, Texas 78469 -9277 IF TO CONTRACTOR: Contractor Ter WOT /v Je44' Got-1P Contact Address: City, State, /lvi, Tx 75'7/01 — 17. Month -to- Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods /services under this Agreement, at the most current price under the terms, of this Agreement or extension, on a month -to -month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ( "INDEMNITEES ") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER TAE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON —414— WITH COUNSEL ' REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES' OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this day of . /1/e4/ 4,-201 CITY OF CORPUS CHRISTI ( "CITY ") r 44114,0 £4'R/ Contractor f Michael Barrera • ••• Date Assistant Director of Financial Services APPROVED THIS DAY OF , 20 CARLOS VALDEZ, CITY ATTORNEY By Brian Narvaez Assistant City Attorney Incorporated by Reference: Exhibit A: Bid Invitation No. BI- 0092 -11 Exhibit B: Bidder's Bid 27 DATE: TO: Ronald L. Olson, City Manager AGENDA MEMORANDUM. for the City Council Meeting of December 13, 2011 December 13, 2011 FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361-826-3169 Utility Worksite Restoration Services CAPTION: Motion approving service agreements with the following companies for the following amounts, in accordance with Bid invitation No BI- 0195 -11, based on lowest responsible bids for an estimated annual expenditure of $139,932.90 of which $81,627.53 is required for FY 2011/2012. The term of the contracts will be for twelve months with options to extend the agreements for up to two additional twelve month periods subject to the approval of the contractors and the City Manager or his designee. Funds have been budgeted by the Water Department in FY 2011/2012. Dorome General Repair Corpus Christi, Texas Primary Contractor $54,167.40 Pang Construction Corpus Christi, Texas Secondary Contractor $49,338.63 Abel's Paving & Construction Inc. Corpus Christi, Texas Tertiary Contractor $36,426.87 Grand Total : $139,932.90 BACKGROUND AND FINDINGS: The contractors will be required to restore worksites to their original conditions prior to being worked by the Water Department Crews in performing utility line repairs. Concrete curb and gutter repair, sidewalk repair and driveway repairs are typical types of repair that will be performed under the contract. Fence repair, soil and sod replacement, general cleaning and debris removal are also covered by the contract. The contract establishes a primary contractor and two backup contractors that will be utilized based on the workload of the department and the primary contractor. ALTERNATIVES: Award a single contract to the primary contractor in the amount of $135,418.50. However, given the large amount of utility line repair work that occurs during drought conditions, staff has determined back -up contractors will provide for flexibility in expediting repairs at worksites. The Bid invitation indicated awards would be made in accordance with an estimated 40% of the annual work requirements completed by the primary contractor, 35% completed by the secondary contractor and 25% completed by the tertiary contractor. The value of each of the awards is determined by —419— multiplying the contractors bid for the annual work requirements by the respective percentage listed above. OTHER CONSIDERATIONS: This work is currently bid and contracted on an as needed basis, with up to 20 work orders being issued at any given time. This contract is established under the indefinite delivery/indefinite quantity (IDIQ) model of procurement which will allow the Water Department to better serve the needs of their customers. CONFORMITY TO CITY POLICY: The award conforms to all the City policies and State statutes governing procurement. EMERGENCY 1 NON- EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Water 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 $400,000.00 $58,305.37 $458,305.37 Encumbered 1 Expended Amount 266,916.00 266,916.00 This item 81,627.53 58,305.37 139,932.90 BALANCE $51,456.47 0 $51,456.47 Fund(s):4010 — Water Fund Comments: RECOMMENDATION: Staff recommends award of the contract as submitted. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Contracts 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 —420— CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER; MICHAEL BARRERA UTILITY WORKSITE RESTORATION SERVICES BID TABULATION - DORAME GENERAL REPAIR CORPUS CHRISTI, TX PANG CONSTRUCTION CORPUS CHRISTI, TX ABEL'S PAVING & CONSTRUCTION CORPUS CHRISTI, TX O.C. CONSTRUCTION CORPUS CHRISTI, TX ISLAND CREATIONS CORPUS CHRISTI, TX TEXAS RIGPOWER SPE CORPUS CHRISTI, TX ITEM_ DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE UNIT PRI TOTAL PRICE ' UNIT PRICE TOTAL PRICE UNIT PRI TOTAL PRICE UNIT PRI TOTAL PRICE UNIT PRI TOTAL PRICE 1. Saw Cut, Remove and Dispose of Concrete Curb 1000 6800 2700 100 300 45 1000 3000 2000 2000 400 30 400 1200 150 850 400 100 150 100 50 30 LF SF SF CY SY GAL LF SF SF SF SF EA SF CY SY SY LF LF EA CY , CY SY $2.50 $2,500.00 2.00 13,600.00 2.00 5,400.00 15.10 1,510.00 24.25 7,275.00 7.80 351.00 18.00 18,000.00 6.00 18,000.00 _ 6.00 12,000.00 6.00 12,000.00 8.00 3,200.00 50.00 1,500.00 8.00 3,200.00 12.00 14,400,00 9.00 1,350.00 8.75 5,737.50 7.75 3,100,00 7.75 775.00 20.00 3,000,00 40.00 4,000.00 85.00 4,250.00 9.00 270.00 $2.75 $2,750.00 2.25 15,300.00 2.25 6,075,00 15.50 1,550.00 25.00 7,500.00 8.00 360.00 16.25 18,250.00 6.00 18,000.00 6.00 12,000.00 6.25 12,500.00 8,00 3,200.00 65.00 1,950.00 8.25 3,300.00 12.50 15,000,00 9.00 1,350.00 6.75 5,737.50 8.25 3,300.00 8.25 825.00 25.00 3,750.00 40.00 4,000.00 80.00 4,000.00 9.00 270.00 $2.50 $2,500.00 2.25 15,300.00 2.25 6,075.00 18.00 1,600.00 22.50 6,750.00 7.00 315.00 20.00 20,000.00 7.00 21,000,00 6,00 12,000.00 8.00 12,000.00 8.00 3,200.00 75.00 2,250.00 8.25 3,300.00 12.00 14,400.00 9.00 1,350.00 9.00 7,650.00 9.00 3,600.00 9.00 900.00 25.00 3,750.00 42.00 4,200.00 70.00 3,500.00 2.25 67.50 $8.50 $8,500.00 5,50 37,400.00 5.50 14,850.00 20.00 2,000.00 15.00 4,500.00 35.00 ' 1,575,00 20.00 20,000.00 7.00 21,000.00 9.00 18,000.00 14.00 28,000.00 7.00 2,800.00 95.00 2,650.00 12.00 4,800,00 3.20 3,640.00 3.20 460.00 3.30 2,805.00 16.00 6,400.00 18.00 1,800.00 350.00 52,500.00 40.00 4,000.00 85.00 4,250,00 90.00 2,700.00 $23.00 $23,000.00 4.60 31,280.00 4.60 12,420.00 69.00 6,900.00 164.00 55,200.00 8.00 360.00 23.00 23,000.00 4.60 13,800.00 5.06 10,120.00 5.75 11,500.00 5.18 2,072.00 230.00 6,900.00 11.50 4,600.00 40.25 48,300.00 13.00 1,950.00 14.00 11,900.00 25.00 10,000.00 22.00 2,200.00 230.00 34,500.00 172.50 17,250.00 132.00 8,600.00 11.50 345.00 $45.00 $45,000,00 15.00 102,000.00 18.00 48,800.00 60.00 5,000.00 250.00 75,000.00 250.00 11,250.00 50.00 50,000.00 12.00 36.000.00 13.00 26,000.00 16.00 32,000.00 25.00 10,000.00 200.00 6,000.00 14.00 5,600.00 100.00 120,000.00 6.00 900.001 8.00 5,100.0M 20.00 8,000.1 20.00 2,000.04 800.00 90,000.00 100.00 10,000.00 300.00 15,000.00 25.00 750.00 2. Saw Cut, Remove and Dispose of Concrete Sidewalks, Driveways, & Medians 3. Saw Cut, Remove and Dispose of Asphalt Concrete; per Square Foot 4. Flexible Base 5• HMAC Type D- 2 -inches thick 8. Prime Coat 7. Concrete Curb and Gutter 8. Concrete Sidewalk 9. Concrete Driveway 10. Commercial Driveway 11, Exposed Aggregate 12. Concrete Around Valve Collar 13. Curb Ramp, Concrete 14, Top Soil 15. BennudaSod 16. St. Augustine Sod 17. Replace Fence to match existing 18. Repair Fence 19. Barricades, Signs and Traffic Handling 20. Miscellaneous Debris Removal 21. Flowable Fill - 22. Washing/Cleaning Bid for Annual requirements (100%) Primary award (40%) Secondary award {35%} Tertiary award (25%) Grand Total 139,932.90 $135,418.50 54 167.400 $140,967.50 49.338.63 $145,707.50 $38,428.87 $245,050.00 $334,197.00 $705,200.00 28 AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 DATE: 12/13/2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826-3169 Mikeb @cctexas.com CAPTION: Appropriation of funds for park improvement through the purchase and installation of play structure at Lamar Park. (A): Ordinance appropriating $22,700.21 in community contributions in the No. 4720 Community Enrichment Fund for park improvements, and other related projects; and declaring an emergency. (B): Motion approving the purchase and installation of a play structure from The PlayWell Group, Dallas, Texas based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $65,408.67. The purchase is for new park equipment for the Lamar Park. Funding is budgeted and available in the Parks & Recreation 2010 General Obligation (Bond `08) CIP Fund and the Community Enrichment Fund. BACKGROUND AND FINDINGS: The Capital Improvement Project in the 2008 Bond Program provides funding to purchase new and replacement playground equipment for the following City Park as part of the Neighborhood Playground and Park Improvement Project: • Lamar Park- 4231 Santa Fe The current park equipment at the park is out -dated and does not meet current safety standards. The new and replacement equipment will enhance the use and overall appearance of the park. ALTERNATIVES: Alternatives considered were that current park and playground equipment remain as is or to internally develop concepts and solicit formal bids. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. 7425— EMERGENCY / NON-EMERGENCY: In order to secure current pricing, this item must be purchased before January 2012, thus necessitating the declaration of an emergency to allow for a single reading of the ordinance. DEPARTMENTAL CLEARANCES: Parks and Recreation Engineering FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only} Current Year Future Years TOTALS Line Item Budget $0.00 $72700.21 $72,700.21 Encumbered / Expended Amount 0.00 $1,762.50 $1,762.50 This item 0.00 $65,408.67 $65,408.67 BALANCE $0.00 $5,529.04 $5,529.04 Fund(s): Parks and Recreation 2010 General Obligation CIP (Bond '08) Fund Community Enrichment Fund Comments: The cost of the play structure and installation is $65,408.67. Monies to support this award are split between the Bond 2008 CIP, $42,708.46 and the Community Enrichment Fund, $22,700.21. The $22,700.21 available in the Community Enrichment Fund was donated by friends and neighbors of the Lamar Park for the purchase of the play structures. The Bond 2008 CIP fund has $50,000 allocated to Lamar Park for park improvements. Combining the $22,700.21 from the Community Enrichment Fund with the $50,000 in the Bond 2008 CIP fund results in $72,700.21 available in the line item budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: BI- 0043 -12 Price Listing 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 -426- CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: GABRIEL MALDONADO DATE: DECEMBER 13, 2011 TEXAS LOCAL GOVERNMENT COOPERATIVE CONTRACT #346 -10 PLAY STRUCTURES THE PLAYWELL GROUP DALLAS, TEXAS ITEM DESCRIPTION QTY LAMAR PARK Play World Activa ARIA, Playworld Play Simple Design, Geo Fabric 2700 sf roll, ToT Turf Poured in Place, installation of two Play Systems and freight charges. 1 EXTENDED UNIT UNIT PRICE PRICE LOT $65,408.67 $65,408:67 TOTAL $65,408.67 Page 1 of 2 Ordinance appropriating $22,700.21 in community contributions into the No. 4720 Community Enrichment Fund for improvements to Lamar Park and other related projects; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $2Z700.21 in community contributions is appropriated into the No. 4720 Community Enrichment Fund for improvements to Lamar Park and other related projects. 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 Joe Adame Mayor APPROVED AS TO FORM: o,�p,,,je,� q , 2011. L. Brian 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. 1 /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, 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 29 AGENDA MEMORANDUM for the City Council Meeting of 12/13/2011 DATE: 11/22/11 TO: Ronald L Olson, City Manager FROM: Ricardo Quintero, Interim Fire Chief (361) 826-3932 RichieQ @cctexas.com 2011 Homeland Security Grant Program - State Homeland Security Grant Program (SHSP) Sub - Recipient Award CAPTION: Item A. Resolution authorizing the City Manager, or designee, to execute the 2011 Sub- Recipient Agreement (SRA) and all related documents in the amount of $62,259.00 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and authorizing the City Manager, or designee, to accept, reject, alter, or terminate the grant. Item B. Ordinance appropriating $62,259.00 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities; and declaring an emergency. BACKGROUND AND FINDINGS: The Texas Department of Public Safety, Texas Homeland Security State Administrative Agency has informed the City of Corpus Christi that our jurisdiction has been awarded a State Homeland Security Program grant in the amount of $62,259.00 from the Fiscal Year 2011 Homeland Security Grant Program. The U. S. Department of Homeland Security annually issues grants to the State of Texas. The Texas Department of Public Safety, Texas Homeland Security State Administrative Agency serves as the State's agent for the various grant programs. These funds shall be used to provide emergency response communities with enhanced capabilities for detecting, deterring, disrupting, preventing, and responding to potential threats of man -made, natural disaster, and acts of terrorism. ALTERNATIVES: If we do not accept the grant award, we will have limited emergency response and security capabilities. —433— OTHER CONSIDERATIONS: N/A FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item 0 $62,259.00 0 $62,259.00 BALANCE 0 0 0 0 Fund(s): Comments: RECOMMENDATION: Staff recommends approval of this resolution and ordinance to execute a sub - recipient agreement, accept the grant, and appropriate the funds in the amount of $62,259.00. LIST OF SUPPORTING DOCUMENTS: Resolution Ordinance Sub- Recipient Award Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Deputy Director of Financial Services Loyd E. Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager Resolution authorizing the City Manager, or designee, to execute the 2011 Sub - Recipient Agreement (SRA) and all related documents in the amount of $62,259.00 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and authorizing the City Manager, or designee, to accept, reject, alter, or terminate the grant. 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 the 2011 Sub - Recipient Award agreement and all related documents in the amount of $62,259.00 with the Texas Department of Public Safety for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP). SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA). ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED AS TO FORM: November 22, 2011 By: T. Trisha Dang Assistant City Attorney For City Attorney Corpus Christi, Texas of ,2017 The above resolution was passed by the following vote: Joe Adarne Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott David Loeb Resoluflon Vote Sheet —436— Ordinance appropriating $62,259.00 from the Texas Department Of. Public Safety /Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $62,259.00 is appropriated from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP) into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the of December, 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: November 22, 2011 T. Jrisha 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 30 AGENDA MEMORANDUM for the City Council Meeting of 12/13/2011 DATE: 11/23/11 TO: Ronald L. Olson, City Manager FROM: Ricardo Quintero, Interim Fire Chief (361) 826 -3932 RichieQ @cctexas.com CAPTION: 2011 Homeland Security Grant Program -- State Homeland Security Program (SHSP) Law Enforcement Terrorism Prevention Activities (LETPA) Sub - Recipient Award Item A. Resolution authorizing the City Manager, or designee, to execute the 2011 Sub - Recipient Agreement (SRA) and all related documents in the amount of $59,643.00 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP) Law Enforcement Terrorism Prevention Activity (LETPA); and authorizing the City Manager, or designee, to accept, reject, alter, or terminate the grant. Item B. Ordinance appropriating $59,643.00 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out law enforcement terrorism prevention and protection- oriented activities (LETPA) such as planning, organization, training, exercises, and purchase needed equipment; and declaring an emergency. BACKGROUND AND FINDINGS: The Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) has informed the City that our jurisdiction has been awarded a State Homeland Security Program -Law Enforcement Terrorism Prevention Activity (SHSP- LETPA) grant in the amount of $59,643.00 from the Fiscal Year 2011 Homeland Security Grant Program. The grant places emphasis on law enforcement terrorism prevention and protection - oriented activities such as planning, organization, training, exercises and needed equipment purchases. The U. S. Department of Homeland Security annually issues grants to the State of Texas. The Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) serves as the State's agent for the various grant programs. These funds shall be used to provide law enforcement and emergency response communities with enhanced capabilities for detecting, deterring, disrupting, preventing, and responding to potential threats of man -made, natural disaster, and acts of terrorism. ALTERNATIVES: If we do not accept the grant award, we will have limited law enforcement emergency response capabilities. OTHER CONSIDERATIONS: N/A FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item 0 $59,643.00 0 $59,643.00 BALANCE 0 0 0 0 Fund(s): Comments: RECOMMENDATION: Staff recommends approval of this resolution and ordinance to execute a sub- recipient agreement, accept the grant, and appropriate the funds in the amount of $59,643.00. LIST OF SUPPORTING DOCUMENTS: Resolution Ordinance Sub- Recipient Award Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Deputy Directorof Financial Services Loyd E. Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager Resolution authorizing the City Manager, or designee, to execute the 2011 Sub- Recipient Agreement (SRA) and all . related documents in the amount of $59,643.00 with the Texas Department of Public Safety /Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP) Law Enforcement Terrorism Prevention Activity (LETPA); and authorizing the City Manager, or designee, to accept, reject, alter, or terminate the grant. 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 the 2011 Sub - Recipient Agreement and all related documents in the amount of $59,643.00 with the Texas Department of Public Safety for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP) Law Enforcement Terrorism Prevention Activity (LETPA). SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Texas Department of Public SafetylTexas Homeland Security State Administrative Agency (TXHLS -SAA). ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED AS TO FORM: November 22, 2011 Tea fang / Assistant City Attorney For City Attorney 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 John E. Marez Nelda Martinez Mark Scott David Loeb Ordinance appropriating $59,643.00 from the Texas Department Of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out law enforcement terrorism prevention and protection- oriented activities (LETPA) such as planning, organization, training, exercises, and purchase needed equipment; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL . OF THE CITY OF CORPUS CHRISTI, . TEXAS: SECTION 1. That $59,643.00 is appropriated from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out law enforcement terrorism prevention and protection - oriented activities (LETPA) such as planning, organization, training, exercises, and purchase needed equipment. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the of December, 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to for rg i - ovember 22, 2011 T. Tisha 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 31 AGENDA MEMORANDUM for the City Council Meeting of 12/13/2011 DATE: 11/23/11 TO: Ronald L. Olson, City Manager FROM: Ricardo Quintero, interim Fire Chief (361) 826 -3932 RichieQ @cctexas.com CAPTION: 2011 Homeland Security Grant Program - Metropolitan Medical Response System (MMRS) Sub - Recipient Award Item A. Resolution authorizing the City Manager, or designee, to execute the 2011. Sub - Recipient Agreement (SRA) and all related documents in the amount of $267,608.35 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System (MMRS); and authorizing the City Manager, or designee, to accept, reject, alter, or terminate the grant. Item B. Ordinance appropriating $267,608.35 from the Texas Department of Public Safety, Texas Homeland Security - State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System Program (MMRS), into the No. 1062 Fire Grants Fund to support the integration of emergency management, health and medical systems into a coordinated response to mass casualty incidents caused by any hazard, and purchase medical equipment; and declaring an emergency. BACKGROUND AND FINDINGS: The Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) has informed the City that our jurisdiction has been awarded a grant in the amount of $267,608.35 from the Fiscal Year 2011 Homeland Security Grant Program. The purpose of the grant is to carry out homeland security projects with a focus on medical and hazardous materials projects, which will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. The U. S. Department of Homeland Security annually issues grants to the State of Texas. The Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) serves as the State's agent for the various grant programs. These funds shall be used to provide medical and hazardous materials emergency response communities with enhanced capabilities for detecting, deterring, disrupting, preventing, and responding to potential threats of man -made, natural disaster, and acts of terrorism. ALTERNATIVES: If we do not accept the grant award, we will have limited medical and hazardous materials emergency response capabilities. OTHER CONSIDERATIONS: N/A FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item 0 $267,608.35 0 $267,608.35 BALANCE 0 0 0 0 Fund(s): Comments: RECOMMENDATION: Staff recommends approval of this resolution and ordinance to execute a sub - recipient agreement, accept the grant, and appropriate the funds in the amount of $267,608.35. LIST OF SUPPORTING DOCUMENTS: Resolution Ordinance Sub - Recipient Award Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Deputy Director of Financial Services Loyd E. Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager Resolution authorizing the City Manager, or designee, to execute the 2011 Sub - Recipient Agreement (SRA) and all related documents in the amount of $267,608.35 with the Texas Department of Public Safety /Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System (MMRS); and authorizing the City Manager, or designee, to accept, reject, alter, or terminate the grant. 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 the 2011 Sub - Recipient Agreement and all related documents in the amount of $267,608.35 with the Texas Department of Public Safety for FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System (MMRS). SECTION 2. In the event of the Toss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA). ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED AS TO FORM: November 22, 2011 By: T. Trisha Dang Assistant City Attorney For City Attorney 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 John E. Marez Nelda Martinez Mark Scott David Loeb Resolution Vote Sheet —452— 1 Ordinance appropriating $267,608.35 from the Texas Department Of Public Safety, Texas Homeland Security ..— State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System Program (MMRS), into the No. 1062 Fire Grants Fund to support the integration of emergency management, . health and medical systems into a coordinated response to mass casualty incidents caused by any hazard, and purchase medical equipment; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $267,608.35 is appropriated from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System Program (MMRS), into the No. 1062 Fire Grants Fund to support the integration of emergency management, health and medical systems into a coordinated response to mass casualty incidents caused by any hazard, and purchase medical equipment. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the of December, 2011.. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved/ s to fo .m: November 22, 2011 T. Trisha 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 32 AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 DATE; 11/7/2011 TO: Ronald L. Olson, City Manager FROM: Debbie Marroquin debbiem @cctexas.corr 361 -885 -6924 Acceptance of Grant Award and authorization to execute agreements for a grant in the amount of $49,990 from the U.S. Department of Transportation to enhance education, emergency response and community awareness associated with pipeline safety. CAPTION: Item A: Resolution authorizing the City Manager or designee to accept a grant in the amount of $49,990 from the U. S. Department of Transportation to enhance education, emergency response, and community awareness associated with pipeline safety issues and to execute all related documents; and ratifying acceptance of the grant to be effective September 29, 2011. Item B: Ordinance appropriating a grant in the amount of $49,990 from the U. S. Department of Transportation in the No. 1053 Gas Department Grants Fund to enhance education, emergency response, and community awareness associated with pipeline safety issues; and declaring an emergency. BACKGROUND AND FINDINGS: Informed communities play a vital role in the safety and reliability of pipeline operations. The grant offers new opportunities to strengthen the depth and quality of public participation in pipeline safety matters. The City of Corpus Christi will partner with the Local Emergency Planning Committee to improve performance in public and childhood education, emergency response, and community awareness associated with pipeline safety issues. Due to timing constraints, the grant application was submitted prior to being reviewed by City Council. The grant requires no matching funds. ALTERNATIVES: To continue to educate the public at current level through community based events, print media, television and radio. OTHER CONSIDERATIONS: Not Applicable -457- CONFORMITY TO CITY POLICY: Council approval is required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON- EMERGENCY: Emergency to meet grant deadlines. DEPARTMENTAL CLEARANCES: Legal Department Finance - Federal Grants and office of management and budget FINANCIAL IMPACT: Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $49,990 $49,990 BALANCE und(s): Gas Department Grant Comments: 100% Grant Funded RECOMMENDATION: Approve the agenda item as presented by staff. LIST OF SUPPORTING DOCUMENTS: Grant Agreement No. DTPH56- 11- G- PHPT17 Resolution /Ordinance Approvals: Elizabeth Hundley, 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 Page 1 of 2 Resolution authorizing the City Manager, or designee, to accept a grant in the amount of $49,990 from the U. S. Department of Transportation to enhance education, emergency response, and community awareness associated with pipeline safety issues and to execute all related documents; and ratifying acceptance of the grant to be effective September 29, 2011. Be it resolved by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Manager, or designee, is authorized to accept a grant in the amount of $49,990 from the U. S. Department of Transportation to enhance education, emergency response, and community awareness associated with pipeline safety issues and to execute all related documents necessary to implement the grant. Additionally, the City Council ratifies acceptance of the grant to be effective as of September 29, 2011 Section 2. The City Manager, or designee, may reject, alter the terms of, or terminate the grant. Attest: Armando Chapa City Secretary Approved: November 21, 2011 R. erring First ssistant'City Attorney for the City Attorney USDOT Gas Tech Assist Grant 1121201.docx City of Corpus Christi Joe Adame Mayor —459 — Corpus Christi, Texas day 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 USDOT Gas Tech Assist Grant 1121201.docx —460— Page 2 of 2 Page 1 of 2 Ordinance appropriating a grant in the amount of $49,990 from the U. S. Department of Transportation in the No. 1053, Gas Grants Fund to enhance education, emergency response, and community awareness associated with pipeline safety issues; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. Grant funding in the amount of $49,990 from the Texas Department of State Health Services is appropriated in the No. 1053, Gas Grants Fund to enhance education, emergency response, and community awareness associated with pipeline safety issues. Section 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2011 Attest: Armando Chapa City Secretary Approved: November 21, 2011 R. J. R ing Fi t A: istant City A For City Attorney ney USDOT Gas Tech Assist Grant Approp Ord 112120111.docx City of Corpus Christi Joe Adame Mayor —461— 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, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott USDOT Gas Tech Assist Grant Apprap Ord 112120111.docx -462- 33 AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 DATE: 10/17/2011 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, MPH, Director of Public Health annetter@cctexas.com 361 -826 -7203 CAPTION: Authorizing Grant funding for Women, Infant, Children Program at Corpus Christi - Nueces County Public Health District Item A: Resolution authorizing the City Manager or designee to accept a grant of $440,354 from the Texas Department of State Health Services to provide for the Women, Infants, and Children program, based on a $12.34 reimbursement for each participant served, and to execute all related documents; and ratifying acceptance of the grant to begin as of October 1, 2011. Item B: Ordinance appropriating a grant of $440,354 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the Women, Infants, and Children Program, based on an $12.34 reimbursement for each participant served; and declaring an emergency. BACKGROUND AND FINDINGS: The special supplemental nutrition program for women, infants, and children (WIC) is a health and nutrition program that improves the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition- related risks. This item approves a contract with the Department of State Health Services to provide services at the Corpus Christi - Nueces County Public Health District to over 5,000 low income women, infants, and children per month. The contract will begin on 10/01/2011 through 03/31/2012. This grant provides level funding. No matching funds required. AL TERNATIVES: Discontinue WIC Program at the Corpus Christi - Nueces County Public Health District OTHER CONSIDERATIONS: Not applicable -465- CONFORMITY TO CITY POLICY: Council approval require for acceptance of grant and appropriation of grant funds. EMERGENCY / NON-EMERGENCY: Staff is requesting an emergency reading. According to Article II, Section 14 of the City Charter, an item can be classified as an emergency because it calls for "immediate action necessary for the efficient and effective administration of the city's affairs ". This is a routine, non - controversial item and grant contract begins on October1,2011. One reading -grant contact begins September 1, 2011. DEPARTMENTAL CLEARANCES: Corpus Christi - Nueces County Public Health District Legal Department Finance - Federal Grants and office of management and budget 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):1066 Comments: 100% Grant Funded RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Contract No. 2012 - 040001 Resolution /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 —466— Resolution authorizing the City . manager or designee to accept a grant of $440,354 from the Texas Department of State Health Services to provide for the Women, Infants, and Children Program, based on a $12.34 reimbursement for each participant served, and to execute all related documents; and ratifying acceptance of the grant to begin as of October 1, 2011. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to accept a grant of $440,354 from the Texas Department of State Health Services to provide for the Women, Infants, and Children Program, based on a $12.34 reimbursement for each participant served, and to execute all related documents. Additionally, the City Council ratifies acceptance of the grant to begin as of October 1, 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: October 19, 2011.. • Eliza•- = h R. Hundley Assis ant City Attorney for the City Attorney Eiires303 WIC Grant 1011 to 312 201 11019 Joe Adame Mayor -467- Page 1 of 2 Corpus Christi, Texas day 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 EHres303 WIC Grant 1011 to 31220111019 Page 2 of 2 -468- r Ordinance appropriating a grant of $440,354 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the Women, Infants, and Children Program, based on a $12.34 reimbursement for each participant served; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant in the amount of $440,354 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide for the Women, infants, and Children Program, based on a $12.34 reimbursement for each participant served. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of 2011. ATTEST: Armando Chapa City Secretary APPROVED: October 19, 2011 . 'AL_ Eliza') ; h R. Hundley Assi nt City Attorney for the City Attorney EHord351 WIC Grant 1011 to 312 20111019 CITY OF CORPUS CHRISTI Joe Adame Mayor —469— Page 1 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 G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott EHord351 WIC Grant 1011 to 312 20111019 Page 2 of 2 —470— 34 AGENDA MEMORANDUM for the City Council Meeting of December 6, 2011 DATE: November 14, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director 71-7n. MichaeIMoc cctexas.com 361 -826 -3464 Award of GLO Coastal Management Program grant of $100,000 for the Oso Bay Learning Center and Wetland Preserve CAPTION: A. Resolution authorizing the City Manager, or designee, to accept a grant from the Texas General Land Office Coastal Management Program in the amount of $100,000 for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve, with a City match of $47,000 in the Fund No. 3292 Parks and Rec 2010 GO (Bond 08) and a $20,000 cash match from the Coastal Bend Bays and Estuaries Program, and a total project costs of $167,000. B. Ordinance appropriating $100,000 from the Texas General Land Office Coastal Management Program in the No. 1067 Parks and Recreation Grants Fund for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve; and declaring an emergency. C. Motion authorizing the City Manager or designee to execute an agreement with the Coastal Bend Bays Foundation for a $20,000 cash match for the Texas General Land Office Coastal Management Program. BACKGROUND AND FINDINGS: Funding for the 162 acre Oso Bay Learning Center and Wetland Preserve was approved by voters in 2008. This grant will provide funding for development of a wetland restoration plan. ALTERNATIVES: Return the grant and utilize bond funding for wetland restoration. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: City Council must appropriate all grant funding. EMERGENCY 1 NON - EMERGENCY: Emergency. DEPARTMENTAL CLEARANCES: Accounting, Budget FINANCIAL IMPACT: Q Not Applicable ❑ Operating Expense o Revenue X CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP) Current Year Future Years TOTALS Budget (Cash match) $67,000 $67,000 Encumbered / Expended Amount This item (Fd 1067) $100,000 $100,000 BALANCE Fund(s): 1067 -Parks and Recreation Grants Comments: $20,000 third -party cash match from CBBEP. RECOMMENDATION: Staff recommends approval of this grant. LIST OF SUPPORTING DOCUMENTS: Contract, resolution, ordinance; Cash Match Agreement with CBBEP. Approvals: R. Jay Reining, Senior Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager 5 Resolution authorizing the City Manager, or designee, to accept a grant from the Texas General Land Office Coastal Management Program in the amount of $100,000 for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve, with a City match of $47,000 in the No. Fund and a $20,000 cash match from the Coastal Bend Bays and Estuaries Program, and a total project costs of $167,000 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 accept a grant from the Texas General Land Office Coastal Management Program in the amount of $100,000 for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve. The City match for this grant is $47,000 in the No. Fund and a $20,000 cash match from the Coastal Bend Bays and Estuaries Program, for a total project costs of $167,000. Section 2. The City Manager, or designee, may reject, alter the terms of, or terminate the grant. Attest: Armando Chapa City Secretary Approved: November 16, 2011. R. J eining Firs Assistant City Attor ey For City Attorney Oso By Learning Center grantacceptres 11162011.docx The City Of Corpus Christi Joe Adame Mayor —475— Corpus Christi, Texas of , 2091 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong Oso Bay Learning Center grantacceptres 14162041.docx —476— 2 Page 1 of 2 Ordinance appropriating $100,000 from the Texas General Land Office Coastal Management Program in the No. 1067 Parks and Recreation Grants Fund for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve; and declaring an emergency Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That $100,000 from the Texas General Land Office Coastal Management Program is appropriated in the No. 1067 Parks and Recreation Grants Fund for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve. 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 on this the day of 2011. Attest: City of Corpus Christi Armando Chapa City Secretary Approved: November 16, 2011 R. J 'ning Fir Assistant City Attorney For City Attorney Oso Bay Learning Center grant appropord 11162011.docx Joe Adame Mayor —477— Corpus Christi, Texas day of , 2011 Page 2 of 2 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott Oso Bay Learning Center grant appropord 11162011.docx —478— AGREEMENT THIS AGREEMENT (the "Agreement ") is made and entered this day of , 2011 (the "Effective Date "), by and between the CITY OF CORPUS CHRISTI. ( "CONTRACTOR ") and COASTAL BEND BAYS & ESTUARIES PROGRAM, INC. ( "CBBEP "), a non - profit corporation organized and existing under the laws of the State of Texas (individually "Party" and together ( "Parties "). Whereas, CONTRACTOR has agreed to provide services necessary to plan and implement a wetland restoration project through GLO Contract 12- 146- 000 -4836 for Coastal Management Program Cycle 16, located on the 162 -acre Oso Bay Learning Center and Wetland Preserve bordering Oso Parkway, between Holly Rd. and Williams Dr. in Nueces County. The CONTRACTOR shall develop, implement and .monitor wetland restoration activities. CBBEP will reimburse the CONTRACTOR for the expenses occurred while developing, implementing, and monitoring wetland restoration for the agreed amount (see CBBEP PAYMENT). CONTRACTOR must furnish a written final report to CBBEP upon final payment for reimbursable services. NOW THEREFORE, CBBEP and CONTRACTOR, intending to be and being legally bound, do hereby agree as follows: 1. CONTRACTOR OBLIGATIONS. CONTRACTOR shall develop, implement and monitor wetland restoration activities at the Oso Bay Learning Center and Wetland Preserve. The CONTRACTOR is not obligated to perform any other actions. 2. CBBEP PAYMENT. CBBEP agrees to pay Twenty Thousand and No/000 Dollars ($20,000.00) for the engineered plans and specifications, and permits and clearances as described in paragraph I. 3. AGREEMENT TERM. The term of this agreement begins upon execution of this Agreement, and shall terminate 365 days from execution, unless terminated early in accordance with the terms of this Agreement. 4. INSURANCE REOUIREMENTS. CONTRACTOR must certify the minimum insurance coverage and provide proof of insurance upon request by CBBEP. 5. INDEMNIFICATION. TO THE EXTENT AUTHORIZED BY LAW, CONTRACTOR HEREBY BINDS HIMSELF, ALL SUCCESSORS, ASSIGNS, AGENTS, AND LICENSEES TO INDEMNIFY AND HOLD HARMLESS CBBEP FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, DEMANDS, LIABILITIES, COSTS, LOSSES, EXPENSES, AND DAMAGES, IN CONTRACT, STRICT LIABILITY, OR IN TORT, FOR INJURY TO ANY PERSON (INCLUDING DEATH) OR DAMAGE TO ANY PROPERTY ARISING OUT OF OR IN ANY WAY CONNECTED WITH IMPLEMENTATION OF THIS AGREEMENT, WHERE SUCH INJURY OR DAMAGE IS CAUSED BY THE SOLE, JOINT, CONCURRENT, CONTRIBUTING OR COMPARATIVE NEGLIGENCE OR FAULT OF CBBEP, ITS AGENTS OR EMPLOYEES. 6. GOVERNING LAW. This Agreement is declared to be a Texas contract, and all of the terms hereof shall be construed according to the laws of the State of Texas. 7. SUSPENSION; TERMINATION. a. For Cause. In the event of CONTRACTOR's failure to perform the services as j479— required by the Agreement, violation of applicable law, substantial or material default, or other cause, CBBEP may suspend the services or terminate this Agreement for cause. b. Force Majeure. In the event of delay or failure of performance caused by force majeure, CBBEP may terminate this Agreement in whole or part upon thirty (30) days written notice. c. For Convenience. CBBEP may terminate this Agreement for convenience and without cause upon thirty (30) days notice. d. Payment Adjustment. If the CBBEP terminates for convenience or because of force majeure, CONTRACTOR shall be paid only for goods and services provided and necessary expenses incurred prior to termination. 8. NOTICES. All notices, demands, requests and other communications required or permitted to be given or made upon either Party shall be in writing, shall be deemed to be given for purposes of this Agreement on the date such writing is received by the intended recipient therof, and shall be delivered personally, by registered or certified mail (postage prepaid), reliable overnight delivery service (fees prepaid), facsimile, or other electronic means, acceptable to the Party receiving same, addressed to the Party to whom such notice is directed. If to CBBEP: If to CONTRACTOR: Coastal Bend Bays & Estuaries Program Attn: Jake Herring 1305 N. Shoreline Blvd, Suite 205 Corpus Christi, TX 78401 Telephone: (361) 885 -6202 Facsimile: (361) 881 -5168 City of Corpus Christi Attn: Reba George P.O. Box 9277 Corpus Christi, TX 78469 Telephone: (361) 826 -3466 Facsimile: (361) 826 -3864 9. ENTIRE AGREEMENT. This Agreement and attachments constitute the entire agreement between the parties hereto and no further modification of the Agreement shall be binding unless evidenced by an agreement in writing signed by CBBEP and CONTRACTOR. EXECUTED as of the Effective Date set forth above. Coastal Bend Bays & Estuaries Program, Inc., A non- profit corporation under the laws of the State of Texas By: 1 Date / '514 I4 Name: Title: Ray Allen Executive Director CONTRACTOR By: Date Name: Ronald L. Olson Title: .. _ .. City Manager 480— 35 AGENDA MEMORANDUM for the City Council Meeting of December 6, 2011 DATE: November 16, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361 -826 -3464 Authorize agreement and appropriate NCOA One Away Campaign Grant for Senior Community Services, Parks and Recreation. PURPOSE: A. Motion authorizing the City Manager, or his designee, to execute an agreement with the National Council on Aging for funding in the amount of $20,000 for the One Away Advocacy Campaign. The contract period will be May 23, 2011 through December 31, 2011. B. Ordinance appropriating a $20,000 grant from the National Council on Aging in the No. 1067 Parks and Recreation Grants Fund for the Elder Voices video footage project; and declaring an emergency. BACKGROUND AND FINDINGS: The One Away Campaign is coordinated by the National Council on Aging as part of their Elder Voices for Economic Security Advocacy initiative to increase awareness on the economic issues faced by older Americans. Parks and Recreation, Senior Community Services, is one of fourteen national advocacy partners selected to provide representative personal stories through video footage of selected economically disadvantaged older Americans. The anticipated outcomes as outlined in the agreement include the development and implementation of a community micro - campaign relating to the economic struggles of the elderly in our region; identify persons who are willing to share their stories; produce two local videos (one of which will be selected as a national video); host One Away advocacy events; host a Congressional District Office meeting; participate in training forums /webinars; produce monthly campaign website blogs and engage in advocacy of policy solutions. ALTERNATIVES: Decline the grant invitation. OTHER CONSIDERATIONS: N/A FINANCIAL IMPACT: Does not require a cash match. Current staff will coordinate promotion, activities and video production. ❑ Not Applicable El Operating Expense ❑ Revenue ❑ CIP -483- Page 2 of 2 Fiscal Year: 2010 -2011 Project to date exp (CIP Only) Current Year Future Years TOTALS Budget Encumbered /Expended Amt. This item $20,000 NA $20,000 Balance: RECOMMENDATION: Staff recommends the endorsement and approval to enter into agreement with NCOA for the One Away Campaign and to appropriate the $20,000 in grant funds to support this project. CONFORMITY TO CITY POLICY: City Council must authorize the City Manager to execute a contract or agreement to receive grant funds. EMERGENCY 1 NON - EMERGENCY: Emergency. DEPARTMENTAL CLEARANCES: Parks and Recreation LIST OF SUPPORTING DOCUMENTS: Attachment - Agreement with the National Council on Aging 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 Page 1 of 2 Ordinance appropriating a $20,000 grant from the National Council on Aging in the No. 1067 Parks and Recreation Grants Fund for the Elder Voices video footage project; 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 $20,000 from the National Council on Aging is appropriated in the No. 1067 Parks and Recreation Grants Fund for the Elder Voices video footage project. 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 Joe Adame, Mayor Approved: November 7, 2011 Lisa Agu'i, Assistant City Attorney for•the Ci y 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, 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 36 AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 DATE: 9/7/2011 FROM: Ronald L. Olson, City Manager RonO(a�cctexas.com (361) 826 -3220 CAPTION: Ordinance appropriating $28,900 to purchase agenda management software; and Approval of First Amendment to Professional Services Agreement A) Ordinance appropriating $28,900 from the Unreserved Fund Balance in the No. 1020 General Fund for services from Granicus, Inc. to implement an automated agenda management system; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $28,900. B) Motion authorizing the City Manager or designee to execute a, First Amendment to the Professional Services Agreement between Granicus, Inc. and the City of Corpus Christi for an automated agenda management system for a term of twelve months with three one -year automatic renewals, subject to annual appropriation of funds. BACKGROUND AND FINDINGS: The City's financial policies (last approved on 7/12/11) allow for the use of the Unreserved Fund Balance in excess of the ten percent policy requirement for expenditure on one -time improvements, deferred maintenance, lifecycle replacement, and/or capital items. The City Manager's Office has identified the need for improvements to the City's agenda management system. The agenda process serves as the primary form of communication between the City Council and the public regarding key policy issues. For our governing body to be effective and transparent, the flow of information to the electorate needs to be free flowing, accurate, and timely. The City's current agenda management system, however, is a manual, paper -based process that is cumbersome, redundant, and inefficient in its use of staff time and resources. Because of the lack of technology, the flow of information between staff, the City Council and the public on policy issues moves at a tediously slow rate. The City of Corpus Christi is under an existing contract with Granicus, Inc. for webcasting and recording minutes of City Council meetings. In May 2011, Granicus acquired a company called Daystar whose core product, Legistar, is an established leader in agenda management products and services for government. The Legistar product delivers a comprehensive set of features to create, manage, track, and retain ordinances and other legislation, generate meeting agendas and minutes, and publish everything to the web. Key features are as follows: • Eliminate manual workflows. Create and manage items for agendas in one system. • Automate agenda item approvals with electronic approval processes. -489- • Simplify agenda creation --- automatically compile files and supporting materials for upcoming meetings. • Publish minutes with end -to -end automation. • Easily track legislation and generate historical reports for staff, citizens and City Council. Additionally, the Legistar product generates a paperless agenda, which can be read on a laptop as well as on mobile devices like Androids, iPhones and iPads (using iLegislate paperless agenda app). This would generate additional savings in paper and printing costs for the City. In FY 2010 -2011, the City of Corpus Christi spent approximately $50,000 in paper and printing costs related to the agenda process. Staff proposes to phase in the paperless agenda beginning in FY 2012 -2013. The focus in FY 2011-2012 will be the implementation phase. Granicus will assist with the implementation and training process, which is anticipated to take approximately 90 days. Please note that the current City Council Policy states that the agenda is to be prepared and assembled jointly by the City Manager and the City Secretary. In recognition of their key role in the agenda process, the City Secretary's Office has been involved in the decision making process since inception. They concur with the recommended changes. In conclusion, staff believes that the addition of this agenda management product to our current webcasting contract with Granicus will provide a unified solution to the City's agenda process needs, in turn saving money, eliminating redundancies, and enhancing transparency for our citizens. ALTERNATIVES: The only viable alternative is to continue using the current manual agenda process. This alternative is not recommended due to the inefficient use of staff time and city resources as cited above. OTHER CONSIDERATIONS: These services are classified as Professional Services, which are exempt from the competitive bidding statutes. Staff has selected Granicus to perform these services due to 1) the City's ability to amend the existing contract with Granicus 2) the features and functionality of the software and 3) requirement to expedite the implementation of these services. CONFORMITY TO CITY POLICY: This item meets the requirements of the City's financial policies and procurement policies. EMERGENCY 1 NON- EMERGENCY: Emergency. DEPARTMENTAL CLEARANCES: MIS City Secretary's Office —490— FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget Encumbered / Expended Amount This item $28,900 *$20,148 (Y1) $18,660(Y2 -Y4) BALANCE und(s): General Fund Comments: In FY 2011 -12, Granicus is requesting . a one -time, upfront cost of $25,200 for project management and deployment services, installation and implementation, and training. A maximum of $3,700 is also being budgeted for billable travel expenses, for a total of $28,900. The monthly maintenance cost for the contract is $1,550, or $18,660 a year. However, Granicus is offering an end of year promotion that waives the Monthly Maintenance Costs associated with the agenda management software until July 1, 2012. The Unreserved Fund Balance is approximately $7 million. *Please note that Year 1 (FY 2012 -13) costs will include an additional $129 per month to cover the monthly maintenance cost for July 2012, totaling a monthly payment of $20,148. The July 2011 payment is being prorated into the monthly payments for FY 2012 -2013. RECOMMENDATION: Staff recommends approval of the ordinance and contract amendment as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance First Amendment to Granicus Contract Approvals: Lisa Aguilar, 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 -491- Ordinance appropriating $28,900 from the Unreserved Fund Balance in the No. 1020 General _Fund for services from Granicus, Inc. to implement an automated agenda management system; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance. No. 029155 to increase appropriations by $28,900; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS: SECTION 1. That $28,900 is appropriated from the Unreserved Fund Balance in the No. 1020 General Fund for services from Granicus, Inc. to implement an automated agenda management system. SECTION 2. That the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 is changed to increase appropriations by $28,900. 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 the 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 Joe Adame Mayor APPROVED AS TO FORM: November 22, 2011 Lisa Aguila,F )Assistant 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 FIRST AMEND1VILNT TO THE GRA.NICUS SERVICES AGREEMENT BETWEEN GRANICUS, INC. AND 'i'Hl; CITY OF CORPUS CHRISTI, TEXAS This First Amendment to the Granicus, Inc. Services Agreement dated February 1, 2011 (hereinafter referred to as "Agreement ") is made and entered into by and between Granicus, Inc., a California Corporation (hereinafter referred to as "Granicus "), and the City of Corpus Christi, TX (hereinafter referred to as "Client "), with reference to the following: WHEREAS, Granicus, a California -based company, provides a full- service solution that includes hardware, software, automated indexing capabilities, voting systems, website page design and integration with Council Agendas, a meeting minutes module, on -site user training and 24/7 technical support that meet Client needs as well as the integration services that are required for timely implementation; and WHEREAS, Granicus represents that it has the qualities, expertise, skills, and abilities to perform such work; and WHEREAS, in addition to Client's existing Granicus solution, Client wishes to transition to Granicus Legislative Management Suite as detailed in the Proposal dated November 2, 2011, which is attached as Exhibit A and incorporated herein by reference; and NOW, THEREFORE, in consideration of the premises, the parties intend that the Agreement be amended as follows: 1. Granicus shall provide the. Legislative Management Suite and Project Management and Deployment services as described in the attached proposal which is attached as Exhibit A and incorporated herein by reference. 2. CIients who enter into an amendment agreement with Granicus prior to December 31, 2011 are eligible for a one -time promotion. As part of this promotion, the Client will receive Monthly Managed Services at no cost to Client until July 1, 2012. Discounted billing for Monthly Managed Services will start after deployment has been completed. Up -front costs are not affected by this promotion. Monthly Managed service fees on Client's current services are not affected by this promotion. 3. As detailed in Exhibit A, compensation shall be amended to include additional costs of twenty - five thousand two hundred dollars ($25,200.00) up -front for the Project Management and Deployment services, and one thousand five hundred fifty dollars ($1,550.00) per month after July 1, 2012. Additionally, as detailed in Exhibit A, reasonable travel expenses not to exceed $3,700 may be invoiced to Client. Granicus shall not submit invoice for the Project Management and Deployment Services until the services have been completed. Clients are responsible to pay their Monthly Managed Service fees in full starting July 1, 2012; however, billing for the July monthly managed service fee shall be prorated beginning August 1 2012 through July 31, 2013. CIient's Granicus solution shall now include additions to the Agreement as detailed in Exhibit A. 4. Client has the right to keep any purchased hardware, provided that Client removes and /or uninstalls any Granicus Software on such hardware. However, if Client has received hardware as part of a Granicus Open PIatform Suite solution ( "Open Platform Hardware "), Client understands that upon termination of this Agreement, Client shall immediately return the Open Platform Hardware to Granicus, Inc. The Open —494— Platform Hardware must be returned within fifteen (15) days of termination, and must be in substantially the same condition as when originally shipped, subject only to normal wear and tear. 5. The parties will develop an implementation schedule to provide a completion date within 90 days of the date of last signature on this First Amendment. 6. The term of this First Amendment shall run concurrently with the term as outlined in Section 8.1 of the Services Agreement. 7. Except as amended by this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. 8. In the event of any inconsistency between the provisions of this First Amendment, and the original Agreement, the inconsistency shall be resolved by giving precedence to the documents in the following order: A. Paragraphs set forth in the body of the First Amendment. B. Paragraphs set forth in the body of Agreement IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed by their duly authorized representatives, CITY OF CORPUS CHRISTI, TX GRANICU INC. By: By: -" Ed Roshitsh Date: Approved as to form: Lisa Aguifa Assistant City Attorney For City Attorney Pr sident Date: il'2 - A r —495— EXHIBIT A PROPOSAL [The remainder of this page is left blank intentionally.] 'r4 far „r., Agenda Workflow Solutions ij Proposal presented to: Annie Leal Et Rebecca Huerta - City of Corpus Christi, TX 11-02-2011 —497— flm t:oririecfinp yavernmerit Dear Annie & Rebecca, PIS the Fy` Pro os t. �...s.:hr I ' "f e X Thank you for considering Granicus, we're excited to support your public meeting workflow needs. It has been a pleasure to work with the City of Corpus Christi over the past few months. We look forward to continuing our rewarding, long -term relationship with you. On the following few pages, you will find a breakdown of the needs that we have uncovered, our proposed solution, some of our key differentiators, detailed pricing, and a checklist that outlines our next steps. Primary Business Issue During our meeting with staff members from various departments at City of Corpus Christi the primary. business issues we discovered was, ® Too much staff time spent assembling agendas for City Council meetings. • High costs associated with paper -based manual approval routing processes. Key Challenges O A typical process for an agenda submittal is extremely manual with forms walked manually from one department to another for approvals. ▪ All agenda .submittals are printed for review .before approvals before being added to the agenda for an upcoming meeting. • 40 agenda packets are printed per meeting using an enormous amount of paper and staff resources per City Council meeting. 1t was mentioned in the meeting that the current process for assembling agendas at Corpus Christi is quite outdated and needs to be modernized. Ideal Solution Components Some ideal solution components as discussed during the meeting included, • An electronic process with ability for staff members to track at all points of time where agenda submittals are in the approval process. • Ability for approvers to provide feedback on agenda submittals • Easy process for . assembling the final agenda and giving decision makers an easy way to access the finalized agenda online. granicus. 'conheciiii atiernrien't Impact of Success Some ways to measure the .success of such a software system implementation at City of Corpus Christi include, Staff time saved to secure agenda submittal approvals and assemble agendas for City Council meetings a Cost savings from reduced paper consumption for public meetings Increased transparency and improved service provided to citizens of Corpus Christi. As an illustration of the success that other cities have had from implementing a Granicus Agenda Management Solution, I have included links to a few case studies that show savings achieved by, 1. City & Borough of Sitka, AK 2. City of Milwaukee, WI 3. City of Long Beach, CA Pia n Finally, we had discussed that City plans to move forward with implementing a solution before the end of 2011 to take advantage of the current end of year promotion by Granicus. The end of year promotion waives the Monthly Maintenance Costs associated with Granicus Agenda Management Software until July 1st, 2012. The City can potentially save up to $6000 by taking advantage of the promotion. Please find below a detailed proposal for the solution that the City of Corpus Christi has chosen. The proposal and pricing includes all training, software, hardware, 2417/365 support, professional services, installation and implementation. Over 900 jurisdictions have selected Granicus as a partner to help them build trust with citizens, reduce staff time spent on processing meetings, and engage citizens in productive new ways. We hope that you have found tremendous value in being a part of the Granicus client family. Most Sincerely, Ram Annasami Account Manager Granicus, Inc. ranicus connecL4ng pncerirrnrht 41. 41 L3 rrt ry, �, sn Pcci F: ° ao�p.3 L Your Granicus solution was based on City of Corpus Christi's specific government transparency and public meeting efficiency needs. Our pricing reflects our commitment to supply customers with the highest value and quality software and support. Solution pricing is detailed below. Granicus Agenda Management Software Product Name —1 Quantity f Unit Price (Up- front) 1"egtslative`Manageznent:Sulte. (;New € ' ' = $t .p•� Legistar) Project Management and Deployment Services (LM) `1'rainin Da. s Onsite, LM Estimated Travel Expenses** (not included in total cost) Totals Unit Price Total (Up -front) — Total (Monthly) (Monthly) 777 1550. QQ 3. $T iiC $155,Q.60. , $25,201Mo J $1550.00 • Sales tax may apply depending on your organization's tax status and the tax laws unique to your state, county and/or municipality. • City of Corpus Christi has an existing contract with Granicus for webcasting and recording minutes of City Council meetings. The Monthly Maintenance Cost on the current contract is $2,550.00. All Monthly Maintenance costs denoted in this proposal are in addition to the $2,550.00. • **Travel expenses are capped at a maximum of $3700. Billable travel expenses include transportation (such as air travel and auto rentals) and lodging expenses. Your Granicus solution requires on-site deployment. You will receive an itemized invoice for all travel expenses within 30 days of the completion of the onsite visit. The total above represents the maximum possible cost to you and is provided as a budgetary estimate only. This proposal expires on 12/31/2011 A .ri nicus ..• .• Proposal Free Monthly Services on Product Suites until July 1, 2012 This offer is only valid with the purchase of these products: Government Transparency Suite, Meeting Efficiency Suite, Legislative Management Suite, Citizen Participation Suite, Training Management Suite, Performance Accelerator, and the Mobile Encoder. New Business and Upgrades are eligible for this one-time promotion. This promotion does not alter or delay the date on which your upfront payments will be due as defined in the Granicus Service Agreement. Offer valid until 12/31/2011, As part of this promotion, the Client will receive Monthly Managed Services at no cost to Client until July 1, 2012. Discounted billing for Monthly Managed Services will start after deployment has been completed. Clients are responsible to pay their Monthly Managed Service fees in full starting July 1, 2012, billing for this period starts on April 15, 2012. Up -front costs are not affected by this promotion. Monthly Managed service fees on existing products are not affected by this promotion. For sales including managed hardware, deployment will not begin unless a signed contract has been received. This offer is valid only with the purchase of these products: Open Platform, Government Transparency Suite, Meeting Efficiency Suite, Legislative Management Suite, Citizen Participation Suite, the Training Management Suite, the Performance Accelerator, and the Mobile Encoder. . . , . , - . 1 ) :- ' 7 . . Fran i cus '® can_ _... y• necL-Irg oveth ie`a d`y !Q .'!S5 for Si CCes Pro Pr oda V ' - '1%* '' der AC"F 4t ! '.1Y2 4 P . k „� °.���'. ''io �n. Jr, ..* { LLS "A' s. 4'fi; h �' � � 't5 qw 4r? ,� a '.rpt ".s [.' y rs , '"�' i ➢Ic.r.. F ,W4.401: �. ' fin .h u..... �.x f �..� ,; , ya els- �� '4 �e 'S November 17th .d V c` '� R ', ' h �e �`i+`�a 3°` �'3, Y � PR 1� _ } iT"0. � f r ' .ci �� 'YF K,3."'d�. Annie/Ram Final Presentation to City Manager Proposal Review November 17th Annie/City Manager/Ram Technical Solution Review TBD TBD Project Timeline. Review TBD ~ TBD Funding/Procurement Process Review TBD TBD Project Approved TBD TBD Signed Contract Received TBD TBD Project Kick Off Call TBD TBD Software Installed and Configured TBD TBD Solution Deployment Validated TBD TBD Training Completed TBD TBD internal Go -Live TBD TBD System Accepted TBD TBD Go Live to the Public—Project Successful! TBD TBD r m us ,r. os GUrs nit ti ng' g6., ei'rr[fferIt y 0oi f r' o:r% pay w:.` ¢a,:� �' =n �.�,:5 � 9 � � it g sLLt ve Management Suite The Legislative Management Suite offers a complete and automated agenda workflow solution. Create agenda items and assign them to the appropriate agenda, making agenda creation seamless. Item approvals are done automatically approvers are notified when it's their turn to review. Once the agenda is generated, a minutes report is automatically created with the same data. All attendance, actions, movers /seconders, votes and notes can be captured for the public record. This Suite also allows you to track legislation from inception through approvals and actions taken. Click here for more information on the Legislative Management Suite. • Agenda item drafting fl Electronic approval process • Agenda packet generation and publication • Meeting minutes • Track and search legislative data 7 I.: a cofrn:eetina. overnme.nt _ _ Professional Services Hosted Web -Based Application Workflow Assessment Workflow Implementation Onsite Training and Meeting Support Sys Admin;.: ? users during a live meeting. Activation of a hosted media and content management application. Careful workflow review and software configuration. Hands -on guidance and support to ensure smooth and successful user adoption. On-premise support p and mentorsh3p to guide Self -Paced Online Instructor -led Online Training Series Onsite Training and Meeting Support Standard Website Integration On- demand online training courses accessible anytime, anywhere. live online training led by a training professional in a classroom environment, -- ' 50ay ;,1 Intensive hands -an training at the clients' STiho w/. location to address unique user needs. 7nliie`,s: r Standard media player and media portal embedded into customers branded website. Standard portal for legislative Information that matches the look and feel of customer's branded • website, • Standardized report templates for agendas and minutes. Standard Reports Gran us Di :f'' red ]at rs • World's most experienced provider of government transparency, citizen participation, meeting efficiency, legislative management, and training management solutions with: o Over 900 clients in all 50 states, at every level of government o Over 31 million government webcasts viewed o More than 265,350 government meetings online • First fully integrated legislative workflow management system for local government • Open API architecture and SDI< allow for seamless integrations with systems already in place O Certified integrations provide flexibility and choice of agenda workflow solutions 6 Only government webcasting service to provide encoding, minutes annotation, transcription, and closed captioning services • Truly unlimited storage and distribution for all meeting bodies and non - meeting content O Indefinite retention schedules for all archived meeting and non - meeting content • Only provider of both government webcasting and citizen participation services • Only provider of both government webcasting and training management services a nICUS 'taRnactinr,'- averamen'c' . ... ® Access a library of peer - created government media content from over 900 Granicus users m 24/7/365 customer service and support ® 97% customer satisfaction rating, 99% client retention rating • Ranked 185 on Deloitte 500 fastest growing companies • Ranked 419 on Inc 500 fastest growing companies • Client Success stories are available here: http: / /www,granicus.com /Clients /Case- Studies.aspx 37 AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 DATE: December 13, 2011 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Interim Director of Financial Services e-P J constancep@cctexas.com (361) 826-3227 Approval authorizing the resale of four (4) foreclosed properties by the Nueces County Judge. PURPOSE: Ordinance authorizing the resale of four (4) properties for a minimum acceptable sales price as detailed below, of which the City will receive $13,036.10, plus $3,719.35 for partial payment of City paving and demolition liens; and declaring an emergency: 1) 402 Robert Drive; Lot 5, Block 1, Alameda Estates No. 3, in the amount of $12,000.00. 2) 5018 Cynthia Drive; Lot 34, Hilltop Village, in the amount of $1,000.00. 3) 7206 Eastphal Court; Lot 2, Block 3, Court of St. James Unit 2, in the amount of $53,875.00. 4) 3626 Eastern; Lot 12, Airport Park Addition No. 2, in the amount of $2,000.00. BACKGROUND AND FINDINGS: Properties within the City of Corpus Christi are periodically foreclosed due to non - payment of ad valorem taxes. The City and Nueces County entered into an Interlocal Agreement for the collection of delinquent ad valorem taxes. Nueces County has contracted with the law firm of Linebarger, Goggan, Blair, & Sampson, L.L.P. to pursue collections of delinquent ad valorem taxes. When all avenues for collections are exhausted, foreclosed properties with delinquent ad valorem taxes are offered for sale at a public auction by the Sheriff. The opening bid at the "Sheriffs sale" is set by law and must be either the aggregate amount of taxes, municipal liens, and court costs due under the judgment or the adjudged value of the property, whichever is lower. (The adjudged value is the value stated on the face of the judgment and is the most recent tax appraisal value certified by the Nueces County Appraisal District.) If nobody is willing to pay the opening bid amount for the property, then the Sheriff strikes it off (sells it) to the taxing entities. The taxing entities then get the property in lieu of their delinquent taxes. The law firm will then put the property on their tax resale list, will nail a "For Sale" sign on the property, and will solicit purchase offers from the public. When an offer or offers are received, they then bring the highest offer forward for consideration and action by the governing bodies of the involved taxing entities. All the entities must approve the offer, or it is rejected. The law firm has proposed the resale of four (4) properties at the bid prices listed in Exhibit A. The monies received from this sale are distributed pursuant to the property tax code. The net proceeds from the sale are first applied to pay off the outstanding court costs and the remaining funds are applied on a pro rata basis to each taxing jurisdiction. Approval of the ordinance will authorize the Nueces County Judge to execute a Resale Deed for the properties listed so they can be returned to the property tax roll for the upcoming year. ALTERNATIVES: n/a OTHER CONSIDERATIONS: Each of the four (4) properties has been reviewed by Neighborhood Services, Engineering Services, and Parks and Recreation for potential City use. None were selected for City use. It should be noted that had any properties been identified for City use, then the City would have asked the law firm to remove the property from the list of properties to sell. This would impact the City (and the other taxing entities) in that the property would not be placed back on the tax roll to generate ad valorem taxes in the future. FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense x Revenue o CIP FISCAL YEAR: ' Project to Date Exp. (CIP Only) Current Year Future Years ' TOTALS Budget - _ - - Encumbered /Expended amount of (date) - - - - This item - $ 16,755.45 - $ 16,755.45 BALANCE - $ 16,755.45 - $ 16,755.45 FUND(S): 1020 "General Fund" COMMENTS: The City of Corpus Christi is expected to receive a total of $13,036.10 from the sale, plus $3,719.35 for partial payment of City paving and demolition liens, fora total of $16,755.45. Additionally, as much as $239,569 of taxable property value will be added to the tax rolls upon approval of the ordinance. RECOMMENDATION: Staff recommends that City Council approve the proposed Ordinance in order to place the properties back on the tax roll. CONFORMITY TO CITY POLICY: This item conforms to City policy and is routine in nature. EMERGENCY 1 NON- EMERGENCY: This item requires one reading and according to Article 11, Section 14 of the City Charter is classified as an "emergency" because it calls for an "immediate action necessary for the efficient and effective administration of the city's affairs." Passing this ordinance in one reading enables the law firm to proceed with the sale of these properties in a timely manner — placing the properties back on the tax roll, DEPARTMENTAL CLEARANCES: • Engineering Services • Neighborhood Services • Parks and Recreation LIST OF SUPPORTING DOCUMENTS: Exhibit A: Tax Resale Property List Ordinance cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager 2 3 Item # 4 1726 1727 1728 Suit Number Property Location 1729 08-4919-D 09-1282-B 09-4200-C 10-1209-G Total 402 Robert Drive 5018 Cynthia Drive 7206 Eastphal Court EXHIBIT A FORECLOSED PROPERTY LIST Legal Description 0088-0001-0050; Lot 5, Block 1, Alameda Estates No.3 3465-0000-0340; Lot 34, Hilltop Village Amount of Bid City's Portion $ 12,000.00 3626 Eastern 1941-0003-0020; Lot 2, BIock 3, court of St. James, Unit 2 0073-0000-0120; Lot 12, Airport Park Addition No. 2 1,000.00 53,875.00 2,000.00 $68,875.00 $ 1,612.2 City's Portion of City Paving and Demo 7 $ 3,719.35 0.00 11,297.43 126.40 $ 13,036.10 0.00 0.00 0.00 $3 719.35 Ordinance authorizing the resale of four (4) properties for minimum acceptable sales prices as follows, of which the City will receive $13,036.10, plus $3,719.35 for partial payment of City paving and demolition liens: (1) 402 Robert Drive; Lot 5, Block 1, Alameda Estates No. 3, in the amount of $12,000.00; (2) 5018 Cynthia Drive; Lot 34, Hilltop Village, in the amount of $1,000.00; (3) 7206 Eastphal Court; Lot 2, Block 3, Court of St. James Unit 2, in the amount of $53,875.00; and (4) 3626 Eastern; Lot 12, Airport Park Addition No. 2, in the amount of $2,000.00;; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. That pursuant to Section 34.05 of the Tax Code, the governing body of the City of Corpus Christi authorizes the resale of four (4) properties for minimum acceptable sales prices as further described on the attached and incorporated Exhibit A, of which the City will receive total of $13,036.10, plus $3,719.35 for partial payment of City paving and demolition liens. Section 2. That the Nueces County Judge is authorized to execute a resale deed upon payment to the City of the City's share of the tax resale proceeds. Section 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: November 22, 2011 By: ra.- Lisa Aguil ssistant City Attorney for the City Attorney Joe Adame Mayor EXHIBIT A FORECLOSED PROPERTY LIST 0008-0001-0050. Lot 5, Block 1, Alameda Estates No.3 1941-0003-0020; Lot 2 Block 3, court of St. Janes, Unit 2 1073-0000-0120; Lot 12, A' ' 'rt Park Addition No. 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, 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 38 AGENDA MEMORANDUM for the City Council Meeting December 13, 2011 DATE: December 13, 2011 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Interim Director of Financial Services CO constancep @cctexas.com (361) 826-3227 Approval of Amendments to the City's Investment Policy PURPOSE: Resolution approving amendments to the City investment policy to incorporate legislative changes made in 2011 to the Public Funds Investment Act; and approving the investment policy as amended. BACKGROUND AND FINDINGS: Under Texas Government Code, Chapter 2256, Subchapter A. Authorized Investments For Governmental Entities, the State of Texas delineates the types of investments and the investment rules that must be followed by governmental entities. This chapter is often referred to as the Public Funds Investment Act. Legislative changes to the Public Funds Investment Act were made in 2011 which provided clarification to several of the sections of the Act. These changes are being recommended as amendments to the City's Investment Policy and are summarized as follows: • Clarification that obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or have the explicit full faith and credit of the United States are allowable investments. This section allows as an authorized investment, certificates of deposit that are acquired through a broker that has a main office or branch in Texas. • Clarification that cash, in combination with other obligations, is required to secure a repurchase agreement. • Deletion of the requirement that an investment pool must have a weighted average maturity no greater than 90 days. • Allowing money market mutual funds as an eligible investment for investment pools. • Clarification that the two year training cycle begins on the first day of that government's fiscal year. This change is intended to make the monitoring process easier for the entity and coincides with their budget period when allocating funds for training. City staff is also recommending adding one additional minor amendment to add Texpool's securities pricing service to monitor market price information in addition to the Bloomberg system. ALTERNATIVES: n/a OTHER CONSIDERATIONS: The City has established an Investment Committee which consists of the City Manager, Assistant City Managers, City Attorney, Director of Financial Services, and Assistant Director of Management and Budget, or their designees. The Committee met on November 29, 2011 to review and approve the Investment Policy. In accordance with the Public Funds Investment Act which requires the governing body to approve the City's investment policy annually, City staff is recommending approval of the policy as amended. FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ GIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ - - $ - $ - Encumbered /Expended amount of (date) - - - y _ This item - $ - $ - $ - BALANCE - I $ - $ - $ - FUND(S): COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the resolution as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Legal Department • Investment Committee LIST OF SUPPORTING DOCUMENTS: City's Investment Policy cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager Resolution approving amendments to the City Investment Policy to incorporate legislative changes made in 2011 to the Public Funds Investment Act; and approving the investment policy as amended. WHEREAS, the City of Corpus Christi Investment Policy was adopted in Resolution No. 022390 on October 24, 1995; and was last approved in Resolution 028870 on December 7, 2010; and WHEREAS, the Investment Policy provides for annual review by City Council; and WHEREAS, the Public Funds Investment Act requires annual review by the governing body of its Investment Policy, and adoption of a written instrument stating that it has reviewed the investment policy and investment strategies; WHEREAS, Legislative changes were made to the Public Funds Investment Act in House Bill 2226; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Corpus Christi City Council has reviewed amendments to the City Investment Policy to incorporate legislative changes made in 2011 to the Public Funds Investment Act, and approves the Investment Policy as amended. A copy of the Investment Policy without appendices is attached. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: November 1, 2011 arr) , Lisa Aguil: r Assistant ity Attorney for the City Attorney J:ILlSA12011 ResolutionlInvestment Policy.doc Joe Adame Mayor —522— 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 CITY OF CORPUS CHRISTI, TEXAS FINANCIAL SERVICES TABLE OF CONTENTS Page I. INTRODUCTION 1 II. PURPOSE 1 III. DEFINITIONS 2 IV. INVESTMENT OBJECTIVES 4 V. AUTHORIZED INVESTMENTS AND MAXIMUM MATURITY 5 VI. INVESTMENT STRATEGIES 10 VII. DESIGNATION OF RESPONSIBILITY 12 VIII. INTERNAL CONTROLS 13 IX. COMPETITIVE SOLICITATION 14 X. AUTHORIZED COUNTER- PARTIES 14 Xl. COLLATERALIZATION 15 XII. SAFEKEEPING OF CITY SECURITIES 16 XIII. INFORMATION REPORTING /PORTFOLIO EVALUATION 17 XIV. BANKING SERVICES 18 XV. ANNUAL POLICY ADOPTION 18 XVI. GENERAL PROVISIONS 18 APPENDICES A. PUBLIC FUNDS INVESTMENT ACT 1 -29 B. CITY'S CODE OF ETHICS ORDINANCE 1 -8 C. RESOLUTION 1-2 D. LEGAL DEFENSE AND INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES 1-2 I. INTRODUCTION The City of Corpus Christi shall invest all available monies in compliance with this Investment Policy as adopted by the City Council and authorized by the Public Funds Investment Act. Effective -cash management is .recognized as essential to good fiscal management. An aggressive cash management program will be pursued to maximize interest earnings as a viable and material revenue source. The City's portfolio shall be designated and managed in a manner responsive to the public trust and consistent with local, state and federal law. Investments shall be made with the primary objective of: • Preservation of capital and protection of principal; • Maintenance of sufficient liquidity to meet operating needs; • Security of city funds and investments; • Diversification of investments to minimize risk while maximizing interest earnings; and • Maximization of return on the portfolio. Earnings from investments will be used in a mariner that will best serve the interests of the City of Corpus Christi. Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion and intelligence would exercise in the management of that person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. II. PURPOSE A. Authorization This Investment Policy is authorized by the City Council in accordance with Chapter 2256, Subchapter A of the Texas Government Code - The Public Funds Investment Act (the "Act" attached and incorporated as Appendix A). B. Scope This Investment Policy applies to all funds of the City, excluding pension funds, with regard to investing the financial assets of Funds, including, but not limited to: General Fund Special Revenue Funds Enterprise Funds Internal Service Funds Special Purpose Funds (within the control of Investment Officers) Capital Improvement Funds (Bond Proceeds, Bond Reserves, Debt Service, Commercial Paper and any other debt instrument) —526— In addition to this Policy, the investment of Bond Funds, Debt Service, and Reserve Funds shall be managed (including the yield calculation thereon) by their governing ordinances and Federal Law, including the Tax Reform Act of 1986 and subsequent legislation. C. Review and Amendment This Policy shall be reviewed and adopted no less than annually by the City Council on or before December 31 of each calendar year. Amendments must be adopted by the City Council. The City Council shall adopt a written instrument by ordinance or resolution stating that it has reviewed the Investment Policy. This ordinance or resolution shall record any changes made to the Investment Policy. III. DEFINITIONS Authorized BrokerlDealer - Primary dealer and regional firms that have been selected by the federal underwriters to distribute their securities. Each authorized firm in a Broker /Dealer will offer the issue at the price authorized by the governmental agency on the initial market issuance. Authorized City Representatives — Investment Officers and City officers authorized to execute transactions are designated in the attached and. incorporated Appendix A on behalf of the City. (Specific positions so authorized are the City Treasurer, Investment Analyst, Controller, Chief Accountant, Deputy Director of Financial Services and Director of Financial Services). Authorized Investment -- Authorized investments defined by this Policy with a maximum maturity are approved by the Investment Committee and City Council. All Policy authorized securities are listed in Section V. Collateral - Securities pledged by a banking institution or sold under a repurchase agreement, to guarantee City assets. All collateral must be AAA rated. The City requires U.S. Treasuries, U.S. Agency Securities or municipal obligations as collateral so that the market values can be readily determined at any point in time. Collateral requirements are defined in Section XI. Custodian — An approved independent custodian charged with the safekeeping of securities owned by or pledged to the City. An independent custodian is one not affiliated with any pledging institution or counter - party. Director of Financial Services - The Director of Financial Services is the Municipal Finance Officer responsible for City investments, but not designated as an Investment Officer. The Director of Financial Services may designate the Deputy Director of Financial Services, Controller or Chief Accountant to assist in this process. Excess Cash Balances - Collected bank balances not needed to pay estimated check clearings. Failed Transaction — A transaction in which an investment is not delivered to an institution for operational or availability reasons. The security would fail to be delivered 2 —527— to the Custodian. Institution - Any firm, bank, bank holding company, broker /dealer or Public Funds Investment Pool that offers to sell /buy a financial transaction /security to the City. All such firms must complete a Policy certification as stated by this Policy. Investment Adijisor — SEC registered investment advisor contracted 'by -the- City to assist in the portfolio management process, reporting and treasury operations /controls. Investment Officers — Individuals designated by the City Council to execute investment transactions. Positions include only the City Treasurer and Investment Analyst. Investment Portfolio - All City monies and securities invested under authority of the Investment Officers. Qualified Representative — As defined by the Act, a person, who holds a position with a business organization, who is authorized to act on behalf of the business organization, and who is one of the following: (A) For a business organization doing business that is regulated by or registered with a securities commission, a person who is registered under the rules of the National Association of Securities Dealers; (8) For a state or federal bank, a savings bank, or a state or federal credit union, a member of the loan committee for the bank or branch of the bank or a person authorized by corporate resolution to act on behalf of and bind the banking institution; (C) For art investment public funds investment pool, the person authorized by the elected official or board with authority to administer the activities of the investment public funds investment pool to sign the written instrument on behalf of the investment public funds investment pool; or (D) For an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b -1 et seq.) or, if not subject to registration under that Act, registered with the State Securities Board, a person who is an officer or principal of the investment management firm. Reserve Funds - Funds designated by the City Council for specific purposes, which have not been appropriated for spending. Securities - Approved Investments designated by the Investment Committee, as defined by Section VII, to be held in the Investment Portfolio or acceptable to be pledged as Collateral to secure the monies of the City. Special Purpose Funds - Monies of non - profit corporations that Investment Officers are permitted to invest; includes such entities as the Coastal Bend Health Facilities Development Corporation, Corpus Christi Housing Finance Corporation, Corpus Christi Community Improvement Corporation, HOME Project, First Time Home Buyer, Corpus Christi Industrial Development Corporation, Corpus Christi Business and Job 3 -528- Development Corporation, North Padre Island Development Corporation, Corpus Christi Crime Control and Prevention District, and Corpus Christi Digital Community Development Corporation. Third Party Safekeeping Institution - Any Institution not affiliated with an Institution delivering the Authorized Investment. IV. INVESTMENT OBJECTIVES The following states the investment objectives of the City in order of priority: A. Preservation and Safety of Principal Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall Investment Portfolio, B. Liquidity The City's Investment Portfolio must be structured in a manner which maintains the liquidity necessary to pay obligations as they become due. Sufficient cash flows must be maintained through cash flow analysis and by rapidly depositing monies and timing disbursements. Generally, Investments are matched to specific cash flow requirements such as payrolls, construction drawdown schedules, debt service payments, and other payables. Liquidity is also achieved by investing in Authorized Investments with active secondary markets or in Public Funds Investment Pools with stable net asset values. C. Investment Yield The City's Investment Portfolio shall be designed with the objective of regularly exceeding the average yield of the following benchmarks in a manner consistent with the principles of this Policy described in Section IV. A and B and reflecting the cash flow expectations and portfolio strategy of the City: Six -month average of Texpool, Lone Star, Texstar and Texas Daily. However, it must be recognized that differing interest rate environments will result in fluctuations. During a declining market, satisfying this objective may not be practical until Authorized Investments mature and can be re- invested, especially since preservation of capital is the first priority in the investment of monies pursuant to this Policy. For bond issues to which arbitrage restrictions apply, the primary objectives shall be to avoid negative arbitrage and to obtain market yields minimizing the costs associated with investing such monies. D. Diversification Diversification is required because of differing liquidity . needs of the City and to control risk. Diversification minimizes the risk to the overall Investment Portfolio 4 —529— by spreading market and credit risk as well as potential losses on individual securities or market sector thereby enhancing safety of the Investment Portfolio. Through the solicitation of competitive proposals, the City shall allocate and diversify its Investments through various Institutions. The following types of Investments will be solicited from approved Institutions: 1. Obligations of the United States; including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or bv the explicit full faith and credit of the United States. 2. Repurchase Agreements - through a Third Party Safekeeping Institution Agreement, which includes an approved primary dealer doing business in Texas as required by the PFIA; 3. Public Funds Investment Pools - through participation agreements; 4. Certificates of Deposit - through approved local banks or a broker that has a main office or a branch office in this state and is selected from a list adopted bv the investing entity. 5. Money Market Mutual Funds; 6. Guaranteed Investment Contracts (for Bond Proceeds only); 7. Texas Term Investment Pool; and 8. Securities Lending Program. The City recognizes that investment risks can result from default risk, credit volatility risk, and market price risks due to various technical and fundamental economic factors, and other complications, leading to temporary illiquidity. To control market price risks, volatile Investments shall be avoided. To control default risk, the only acceptable method of payment will be on a delivery versus payment -basis for all transactions, except Public Funds Investment Pools and repurchase agreements. Delivery versus Payment provides for payment to Institutions at the time the Investments are recorded in book entry form at the City's Third Party Safekeeping Institution, currently maintained at the Federal Reserve. For certificates of deposit, sufficient Collateral at 102% of current market values must be pledged to protect all City monies or monies under its control that exceed Federal Deposit Insurance Corporation (FDIC) coverage; the Collateral must be safe kept at a Third Party Safekeeping Institution not affiliated with the bank or bank holding company providing the certificate of deposit. V. AUTHORIZED INVESTMENTS AND MAXIMUM MATURITY The City of Corpus Christi is authorized to invest only in the following investments. City monies, governed by this Policy, may not be invested in other investments permitted by law unless this Policy is amended and adopted to permit such investment. A. Authorized Investments 1. Obligations of the United States or its agencies and instrumentalities, excluding mortgage backed securities, which currently include the following stated final maturities: s -530- a. Short-term U.S. Treasuries: Maximum Maturity 1.) U.S. Treasury Bills up to 365 days* 2.) U.S. Treasury Coupon Notes up to 3 years* 3.) U.S. Treasury Notes and Strips up to 3 years* b. U.S. Agencies: Maximum Maturity 1.) Federal Home Loan Bank up to 2 years* 2.) Federal National Mortgage Association. up to 2 years* 3.) Federal Farm Credit up to 2 years* 4.) Federal Home Loan Mortgage Corporation up to 2 years* 5.) Federal Agricultural Mortgage Corporation up to 2 years* *Reserve Funds invested in Treasury and Agency obligations may have a stated final maturity up to five years. 2. Repurchase Agreements up to 365 days Repurchase agreements must be fully collateralized at 102% with a defined maturity date, is secured by a combination of cash and obligations, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States placed with a primary government dealer with collateral, and safekept at a City approved Custodian, as provided under the provisions of the SIFMA (Securities Industry and Financial Markets Association) Master Repurchase Agreement. An executed agreement between the City, primary government dealer and Custodian will be on file before the City will enter into a tri -party repurchase agreement. Weekly monitoring by the City's Investment Officers or Advisor of all Collateral underlying repurchase agreements is required. More frequent monitoring may be necessary during periods of market volatility. 3. Public Funds Investment Pool .... up to 1 day A Public Funds Investment Pool duly created and managed in accordance with the Act to function as a money market mutual fund that marks its portfolio to market daily and, to the extent reasonably possible, which stabilizes its portfolio to market daily at $1 net asset value. If the ratio of the market value of the Public funds investment pool's portfolio divided by the book value of the portfolio is Tess than 99.50% or greater than 100.50 %, the Public-funds investment pool's portfolio holdings shall be sold as necessary to maintain the ratio between 99.50% and 100.50 %. The maximum amount that may be invested in any one public funds investment pool is five (5) percent of the total current invested balance of the Public Funds Investment Pool. The maximum total amount that may be invested in any one overnight Public Funds Investment Pool is thirty (30) percent of the Investment Portfolio. The Public Funds Investment Pool must be continuously rated no lower than AAA or AAA -m or at an equivalent rating by at least one nationally recognized rating service. -531-- than 90 days. Public Funds Investment Pools may contain investment securities that are not directly authorized by this Policy, so long as (1) the AAA rating is standard herein above stated is satisfied, and (ii) the investment is permitted by Subchapter A of the Texas Public Funds Investment Act, Chapter 2256 of the Texas Government Code. p Y _— al..0 An investment ool ma invest its funds in money market mutua! funds to the extent permitted by and consistent with the investment policies and objectives adopted by the investment pool. In addition to the requirements of its investment policy and any other forms of reporting a public funds investment pool created to function as a money market fund shall report yield to its investors in accordance with regulations of the Securities and Exchange Commission applicable to reporting by money market funds. If the investment pool operates as an Internet website the information in a disclosure instrument or report must be posted on the website. 4. Collateralized Certificates of Deposit up to 1 year Certificates of deposit or other instruments issued by state and national banks domiciled in Texas that are: a. Guaranteed or insured by the Federal Deposit .Insurance Corporation or its successor; or b. Secured at 102% by obligations defined by Section XI of this Policy. Certificates of deposit must be fully collateralized at 102% of their market value. The City requires the bank to pledge U.S. Treasuries or U.S. Agencies as collateral as described in section V, Subdivision A.1. The Investment Officers will monitor adequacy of collateralization on a weekly basis. The Investment Officer shall monitor, on no less than a weekly basis, the status and ownership of all banks issuing brokered CDs owned by the [ENTITY] based upon information from the FDIC, If any bank has been acquired or merged with another bank in which brokered CDs are owned, the Investment Officer shall immediately liquidate any brokered CD which is above the FDIC insurance level. 5. Money Market Mutual Fund up to 1 year A AAA -rated no -load money market mutual fund (no service charge) is an authorized investment if: a. the money market mutual fund is registered with and regulated by the Securities and Exchange Commission; b. the money market mutual fund provides the City with a prospectus and other information required by the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the Investment Company Act of 1940 (15 U.S.C. Section 80a -1 et seq.); c. the money market mutual fund includes in its investment objectives the maintenance of a stable net asset value of $1 for each share; d. the assets of the money market mutual fund are invested in those investments authorized under this Investment Policy; and e. the money market mutual fund has a dollar weighted average stated maturity of 90 days or fewer. 6. Guaranteed Investment Contracts up to 3 years Guaranteed investment contracts offer to pay a specific interest rate over a period of time, and can be structured to reflect an anticipated draw down schedule for capital improvements funded with bond proceeds. The collateral and monitoring requirements applicable to repurchase agreements shall apply to guaranteed investment contracts. A guaranteed investment contract may be utilized only in connection with the investment of bond proceeds. The maximum term of a guaranteed investment contract shall not exceed the anticipated construction period for the capital improvement, the construction of which is to be funded with Bond Proceeds. 7. Texas Term investment Pool up to 1 year The Texas Term Investment Pool for fixed term investments was created as an investment pool and is a hybrid, mutual fund structure. The pool offers a fixed rate, fixed term portfolio option and is rated AAAf by Standard and Poor's Ratings Services. Participants may lock in a fixed rate for a term of 60 to 365 days. 8. Securities Lending Program up to 1 year Securities lending program as defined by the Act qualifies as an authorized investment if the value of the securities loaned under the program is not less than 100 %. However, the City requires 102% collateral. A loan made under the program must allow for termination at any time. Collateral is required and pledged to the City, held in the City's name and deposited with a custodian approved by the City. A loan made under the program must be secured by pledged securities described by Section 2256.009(a), pledged irrevocable letters of credit issued by a bank that is organized and existing under the laws of the United States or any other state and continuously rated by at least one nationally recognized investment rating firm at not less than A or its equivalent or cash invested in accordance with Section 2256.009, 2256.013, 2256.014 or 2256.016. The terms of a loan made under the program must require that the securities being held as collateral be pledged to the investing entity, held in the investing entity's name and deposited at the time the investment is made with the entity or with a third party selected by or approved by the investing entity. A loan made under the program must be placed through a primary government securities dealer or a financial institution doing business in Texas. An agreement to lend securities must have a term of one year or less. B. Weighted Average Maturity -533 In order to assure adequate liquidity and to minimize risk of loss to the Investment Portfolio due to interest rate fluctuations,. investment maturities will not exceed the anticipated cash flow requirements of the Funds. Maturity guidelines by Fund are as follows: The .weighted average maturity (WAM) of the overall portfolio shall be no more than 365 days. 1. Operating Funds The maximum weighted average maturity of Operating Funds shall be 365 days. The Investment Officers will monitor the maturity level and adjust as appropriate throughout the fiscal year. 2. Capital Improvement Funds The maximum weighted average maturity of Capital Improvement Funds shall be 365 days. The Authorized Investment maturity of that portion of the City Portfolio that represents Capital Improvement Funds (bond proceeds, reserve funds, debt service and Commercial Paper) shall be determined considering: a. The anticipated cash flow requirements of the Capital Improvement Funds; and b. The "temporary period" as defined by Federal income tax law during which time bond proceeds may be invested at an unrestricted yield. Bond proceeds subject to yield restriction shall be invested considering that yield restriction to avoid a challenge to the City's related indebtedness qualification as an obligation, the interest in which is not subject to federal taxation under section 103 of the Internal Revenue Code of 1986 as amended (the "IRC "). Bond proceeds subject to yield restriction shall be invested considering the anticipated cash flow requirements of the Capital Improvement Funds. For all bond proceeds controlled by the tax - exempt bond provisions of the IRC a complete yield analysis shall be performed to assure compliance with the IRC. An annual rebate calculation shall be performed to assure compliance with IRC. An annual rebate calculation shall be performed to determine the City's rebate liability at the end of each respective bond issue's five -year term. On the third anniversary of the respective issue date for each bond issue, bond proceeds from such issue will be yield restricted as required by the IRC. Reserve Funds: Established by Operative Bond Funds or by the City Council. The following Reserve Funds may be invested up to five years in U.S. Treasuries or Agencies: 9 —534— Maximum Choke Canyon Fund 4050 $10,000,000 City monies governed by this Policy may not be invested in other investments permitted by law unless (i) such investments are specifically authorized for the investment of these monies by an ordinance adopted _ by_.the pity_ Council issuing__bonds or other debt obligations or (ii) this Policy is amended to permit such investment: C. Methods to Monitor Investment Market Price The City monitors the market price of investments obtained from by-obtaining this. Texpool's securities pricing service or the Bloomberg system which is made available through the City's authorized institutional brokers. The City may also obtain market price information from other nationally recognized sources of financial information such as the Wall Street Journal. VI. INVESTMENT STRATEGIES A. Investment Maturity Diversification A minimum of 15% of the total investment portfolio shall be held in Authorized Investments with maturity dates of 90 days or less for liquidity. U.S. Treasuries /Agencies may be purchased for longer -term maturities (greater than one year) but shall not exceed 40% of the total investment portfolio to preserve liquidity. The weighted average maturity limitation of the overall Investment Portfolio takes these requirements into account to protect liquidity and allow flexibility for market environments. Daily Authorized Investment reports shall monitor and address whether these diversification requirements are being met. Unless approved by the Investment Committee, the target percentages specified shall not be exceeded for temporary periods greater than thirty (30) days without the Investment Officers taking corrective action. B. Strategies 1. Operating and CIP Funds Investment strategies for operating funds and capital improvement funds have as their primary objective the assurance that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create an Investment Portfolio structure, which will experience minimal volatility during economic cycles. To accomplish this strategy, the City will purchase high credit quality, short -to- intermediate .term investments primarily in a laddered structure. To pay for anticipated disbursements, Authorized Investments will be laddered to correspond with the projected cash flow needs of the City. Investments maturing that are acquired on the short end of the yield curve 90 days or less will meet immediate cash needs. A few Authorized Investments are purchased on the intermediate part of the yield curve (1- 3 year maturity) to lock in higher interest rates when rates are projected to io —535— decline due to the economic cycle of the economy. The dollar weighted average investment maturity of 365 days or Tess will be calculated using the stated final maturity dates of each investment. 2. Debt Service Funds Investment strategies for debt service funds shall have as the primary objective the assurance that debt service payment obligations are timely met. 3. Debt Service Reserve Funds Investment strategies for debt service reserve funds shall have as the primary objective the ability to generate a dependable revenue stream with 'a low degree of volatility. In accordance with the specific bond authorization document, investments should be of high credit quality, with short -to- intermediate -term maturities and a maximum weighted average maturity of one year. 4. Special Purpose Funds Investment strategies for Special Purpose Funds will have as their primary objective the assurance that anticipated cash flows are matched with adequate Authorized Investment liquidity. The stated final maturity dates and weighted average maturity shall be structured on the project completion date. These investment portfolios shall include highly liquid investments to allow for flexibility and unanticipated project outlays. C. Achieving Investment Yield Objectives The City will utilize a conservative buy and hold strategy for the majority of the Investment Portfolio with investment selection based on legality, appropriateness, liquidity, and risk/return considerations. This strategy recognizes the unique needs of individual funds and provides for their recognized cash flow needs. The remaining portion of the Investment Portfolio may be invested actively and the reasons for doing so are: 1. Passive investment provides for: a. Investments targeted to pay upcoming anticipated disbursements. Liquidity to provide for a measure of anticipated disbursements and c. Laddering and diversification to manage market and credit risk. 2. Active investment provides for: It -536- a. The ability to improve yields in the Investment Portfolio by riding the yield curve during business cycle recovery and expansion periods. Interest rates on longer maturities typically exceed those on shorter maturities. Therefore, longer maturities (that can be held to maturity, if necessary) are purchased in anticipation of selling later at the same or lower interest rate, improving the total �e urn dilriiig the hoIdirig period. b. The ability to improve market sector diversification by swapping out of one investment into another for a better total return, to realign for disbursement projections, or to extend or shorten maturity depending on economic forecasts. The City Manager, or his designee, is required to approve any investment that must be sold at a loss. All gains and losses will be reported to the City Council and Investment Committee no less frequently than on a quarterly basis. VII. DESIGNATION OF RESPONSIBILITY A. Investment Committee An Investment Committee, consisting of City Manager, Assistant City Managers, Director of Financial Services (or if vacant, Deputy Director of Financial Services), City Attorney, Assistant Director of Financial Services /Management and Budget shall meet at least quarterly to determine operational strategies and to monitor investment results. The Investment Committee will be responsible for monitoring, reviewing and making recommendations regarding the City's Investment Portfolio to the City Council. The Investment Committee will review quarterly investment reports before submission to the City Council and will, on no less than an annual basis, review and adopt a list of authorized broker /dealers prepared by the City. The Investment Committee shall include in its deliberation such topics as: economic outlook, Investment Portfolio diversification, maturity structure, risk and performance of the portfolio(s). B. investment Officers The authority to invest City funds and the execution of any documentation necessary to evidence the investment of City funds is granted to the Investment Officers. The City Treasurer and the Investment Analyst are the designated Investment Officers responsible for the daily operation of the investment program. Investment Officers will prepare monthly and quarterly reports, maintain information on counter - parties, monitor collateral, and attend training as required by the Act. As required by the Act, each Investment Officer shall attend ten hours of training in accordance with the Act within 12 months of assuming responsibilities and attend 10 hours of training that begins on the first day of that local government's fiscal year and consists of the two consecutive fiscal years after that date in each Training should include topics such as investment controls, security risk, market risks, diversification of the investment portfolio and I2 —537— compliance with Texas laws. The Investment Committee approves investment — training seminars presented by the following organizations: Government Finance Officers Association overnment Pittance Officeis AS of Texas Government Treasurers Organization of Texas Association of Public Treasurers of the US & Canada Texas Municipal League University of North Texas Center for Public Management If the Investment Officer desires to attend an investment - training seminar presented by another organization for training credit, such seminar must be approved by the Director of Financial Services. C. Investment Advisor The City Council may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) to provide for the investment and management of City funds. The initial A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the City Council by ordinance or resolution. VIII. INTERNAL CONTROLS The City Treasurer will establish a system of internal controls over the investment activities of the City and document such controls in the Investment Procedures Manual. These internal controls shall be approved by the Director of Financial Services. A. Standard of Care Investments shall be made with the same judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Prudent investment is to be judged by the Investment Portfolio as a whole, not on individual Investments. In the case of a Toss required rating, if liquidation is necessary due to a public funds investment pool losing its AAA rating or for other reasons, liquidation will be done in a prudent manner consistent with the investment objectives of this Policy and as provided in 2256.021 of the Government Code the Act. The investment Officer shall monitor, on no less than a weekly basis, the credit rating on all authorized investments in the portfolio based upon independent information from a nationally recognized rating agency. If any security falls below the minimum rating required by Policy, the Investment Officer shall notify the City Manager, Director of Finance and City Council of the Toss of rating, conditions affecting the rating and possible loss of principal with liquidation options available, within two weeks after the loss of the required rating. 13 -538- Investment Officers and the Investment Advisor shall perform their duties strictly in accordance with the adopted Investment Policy, Investment Officers acting in good faith and in accordance either these policies and procedures shall be relieved of personal liability if exceptions are reported on a timely basis and prudent actions are taken to reduce potential Toss. The Investment Committee and officers are indemnified as provided by City ordinance attached and incorporated as Appendix D. B. Ethics Investment Officers, Investment Committee members and employees involved in the investment process shall comply with the City's Code of Ethics attached and incorporated as Appendix B which requires disclosure of financial interests by April of each year. These individuals shall refrain from personal business activities that could conflict with proper execution of the investment program or which could impair the ability to make impartial investment decisions. Officers and employees shall disclose to the City Council any material investment decisions. Officers and employees shall disclose to the council any material financial interest in institutions that conduct investment or banking transactions with the City. Any Investment officer who has a personal or business relationship with an organization seeking to sell an investment to the City shall file a statement disclosing that relationship or interest. Disclosure statements required under this subsection must be filed. IX. COMPETITIVE SOLICITATION Except for Repurchase Agreements, Guaranteed Investment Contracts, and Public Funds Investment Pools, any new issue investment will be purchased through an Authorized Broker /Dealer or directly through the issuer. Investment Officers identify the best rate prior to the purchase of an Authorized Investment that meets the City's cash flow needs at the time. Any Institution authorized to participate in the City's investment program must meet Collateral pledge requirements outlined in Section Xi of these guidelines and must submit annual financial reports. X. AUTHORIZED COUNTER - PARTIES A. Broker/Dealers Any broker /dealer seeking to sell an Authorized Investment to the City is required to complete the, questionnaire approved by the Investment Committee and furnish supporting documentation required by the Investment Committee. Information on the firms shall be maintained by the investment Officers or the Investment Advisor. Securities qualifying as Authorized Investments shall only be purchased through those institutions approved by the Investment Committee. B. Policy Certification: -539- 14 Investments shall only be made with those Institutions who have executed a written certification in a form acceptable to the City, executed by a Qualified Representative of that Institution, and substantially to the effect that the Institution has: 1. Received, thoroughly reviewed and acknowledged, in writing, receipt and understanding of this Policy. 2. Acknowledged that the Institution has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Institution and the City that are not authorized by this Policy. C. Investments shall only be made with those institutions who have met the qualifications and standards established by the City's Investment Committee and set forth in the Investment Procedures Manual. D. The Investment Committee shall, at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. E. The City Treasurer will request the Investment Committee to authorize deletion of institutions for: 1. Slow response time; 2. Inability to compete with other authorized firms; 3. Insufficient market information on technical or fundamental expectations based on economic indicators; 4. Failed transactions or continuing operational difficulties; 5. Unwillingness to continue to abide by this Policy; the provisions Listed in 4X.A.; 6. Other reasons as approved by the investment Committee. XI. COLLATERALIZATION It is imperative that the securities in the Investment Portfolio be protected through independent safekeeping and all time deposits and demand bank cash balances be protected with sufficient collateral at a minimum of 102% daily of current market values to guard against market and volatility risk. A. Pledged Collateral for Time and Demand Deposits Depository collateral is pledged to and not owned by the City. All collateral shall be held by a custodian approved by the City under an executed collateral agreement. The market value of pledged collateral for time and demand deposits Collateral must be at least 102% of the principal plus accrued interest. All collateral shall be held by an independent custodian outside the holding company of the pledging bank. Original evidence of City collateralization in the form of original safekeeping receipts will be provided to the City Treasurer and will be maintained 15 -540- in the City Treasurer's Office. The custodian will provide a monthly listing of collateral describing the securities and giving a market value. An investment officer will approve and release all pledged collateral. The Investment Officers will monitor adequacy of coilateralization on a weekly basis. B. Collateral Substitution Collateralized investments and certificates of deposit often require substitution of Collateral. Any Institution must contact the Investment Officers for approval and settlement. The substituted collateral's value will be calculated and substitution approved if its value is equal to or greater than the required collateral value. Substitution is allowable for all transactions, but should be limited, to minimize the City's potential administrative problems. C. Collateral Reductions Should the collateral's market value exceed the required amount, any Institution may request approval from the Investment Officer to reduce collateral. Collateral reductions may be permitted only if the City's records indicate that the collateral's market value exceeds the required amount. D. Prohibited Securities Investment securities described in Section 2256.009(b), Government Code, shall not be eligible for use as collateral of City monies governed by this Policy. XII. SAFEKEEPING OF CITY SECURITIES A. Third Party Safekeeping Agreement The City shall utilize its banking services depository or other banks for the safekeeping of City owned securities. The delivery of all securities into safekeeping will be done on a delivery versus payment basis. B. Safekeeping of Certificate of Deposit Collateral All Collateral securing bank and savings and loan deposits must be held by a Third Party Safekeeping Institution approved by the City, or Collateral may be held at the Federal Reserve Bank. C. Safekeeping of Repurchase Agreement Collateral Repurchase Agreement Collateral is restricted to U.S. Treasuries and must be delivered to a Third -Party Safekeeping Institution with which the City has (subject to the limitation described in Section XI.D above) established a third -party safekeeping agreement. D. Guaranteed Investment Agreement Collateral Guaranteed investment contract collateral is restricted to U.S. Treasuries and Agencies (subject to the limitation described in Section XI.D above) and must be delivered to a Third -Party Safekeeping Institution with which a third -party safekeeping agreement has been established pursuant to the terms of the guaranteed investment contract. 16 —541 — XIII. INFORMATION REPORTING /PORTFOLIO EVALUATION A. The City Treasurer and Investment Analyst as designated Investment Officers are responsible for reporting to the Investment Committee and City Council on a quarterly basis in accordance with the Act. Quarterly Investment Reports are to include the following in accordance with the Act: a. Combined Investment Portfolio Report of Market versus Book Values b. Combined Portfolio Composition c. Individual Portfolio Composition d. Cash and Cash Equivalents, U.S. Treasuries and Investments Greater than One year e. Combined Summary of Investment Transactions f. Combined Investment Portfolio - Weighted Average Maturity g. Investment Revenue h. Analysis of Excess Collateral Coverage Aggregate Activity Per Broker J. Comparison of Investment Returns to Benchmarks k. Investment Portfolio Report — Lake Texana Project and Packery Channel Project Bond Funds by Issue m. Pools and Money Market Accounts - Approved institutional Brokers n. Economic and Interest Rate Forecast o. Glossary p. Compliance Statement q. Quarterly Investment Committee Meeting Minutes Internal Reporting/Evaluation In addition, the following reports are to be submitted on a monthly basis: 1) Cash position by bank account 2) Collateral position 3) Investment transactions D. External Reporting /Evaluations On a quarterly basis, any institution holding City time or demand deposits will provide to the Investment Officers for the institution's review a copy of the balance sheet and income statement for the Call Report for review. All depository and brokerage institutions will provide annual audited financial statements. Any Public. Funds Investment Pools must provide reports and disclosure statements as required by the Act. E. Record Retention The City follows the guidelines of retaining records for five years from City's current fiscal year, as recommended in the Texas State Library Municipal 17 -542- Records Manual or may be authorized by the City's local records .. management guidelines. XIV. BANKING SERVICES All depository services are provided in the City's main depository agreement. Other services such as credit cards, direct deposit of payroll or other services may be administered through separate agreements. To aggressively invest Excess Cash Balances, controlled disbursements accounts, zero balance accounts and other cash management tools may be employed. XIV. ANNUAL POLICY ADOPTION This Policy will be reviewed and adopted by the City Council no Tess than annually. The accepting ordinance resolution will include a description of all changes made to this policy. XVI. GENERAL PROVISIONS A. Audits and Inspections. During regular business hours and as often as the Investment Officers deem necessary, the Institution providing certificates of deposit will make available for examination by the City Manager, his duly authorized agent, accountant, or legal representative, such records and data to assure the pledge of Collateral, availability of Collateral, and financial stability of the Institution. B. Compliance with Laws. Each Institution agrees to comply with all federal, state, and local laws, rules, regulations, and ordinances. The personnel or officers of such Institution shall be fully qualified and authorized under federal, state, and local law to perform the services set out under this Policy. Each institution shall permit the Investment Officers to audit, examine, and make excerpts or transcripts from such records and to make audits of all contract, invoice s, materials, and other data relating to applicable Investments. C. Performance Audits. The City's Annual External Financial Audit shall include a compliance audit of management controls on Investments and adherence to this Policy. If the City invests in other than money market mutual funds, investment public funds investment pools or accounts offered by its depository in the form of certificates of deposit or money market accounts; the quarterly reports prepared by Investment Officers for the City Council must be formally reviewed at least annually by an independent auditor. The results of the review must be reported to the City Council by that auditor. D. Investment Policy Resolution. The resolution authorizing this Investment Policy is attached hereto as Appendix C. 18 —543— 39 AGENDA MEMORANDUM for the City Council Meeting December 13, 2011 DATE: December 13, 2011 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Interim Director of Financial Services constancep ©cctexas.com (361) 826 -3227 Ratification of the Debt Management Policy PURPOSE: Resolution reaffirming the Debt Management Policy for the City of Corpus Christi. BACKGROUND AND FINDINGS: In order to provide guidance regarding the issuance, management, continuing evaluation and reporting on all debt obligations issued by the City, the City Council approved Resolution 027526 on December 11, 2007, adopting a "Debt Management Policy". The Debt Management Policy applies to all Tong -term debt securities issued by the City for these purposes, as well as to the refinancing of existing debt. The Debt Management Policy aims to document the procedures that City staff currently performs in reference to the issuance of debt and addresses additional concepts that the City may consider in the future. The policy is reviewed annually. On December 14, 2010, the City Council approved the policy via Resolution 028902. Request is being made for reaffirmation of the policy as it currently reads. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ - $ - $ - Encumbered /Expended amount of (date) - - - " - This item - $ $ - $ - BALANCE - $ - $ - $ - FUND(S): COMMENTS: nla RECOMMENDATION: Staff recommends approval of the resolution as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: nla DEPARTMENTAL CLEARANCES: • Office of Management and Budget • Legal Department LIST OF SUPPORTING DOCUMENTS: City's Debt Management Policy cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager Resolution affirming the Debt Management Policy for the City of Corpus Christi. Whereas, the City of Corpus Christi Debt Management Policy was adopted in Resolution No. 027526 on December 11, 2007, approved in Resolution 028003 on December 16, 2008, approved in Resolution 028441 on December 15, 2009 and approved as amended in Resolution No. 028902 on December 14, 2010; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. That the Corpus Christi City Council has reviewed and affirms the Debt Management Policy for the City of Corpus Christi as was approved on December 14, 2010 in Resolution 028902. Section 2. This Resolution takes effect upon final passage by City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to form: November 22, 2011 l Lisa Aguiia ssistant City Attorney For the City Attorney Joe Adame Mayor J:ILISA12011 Resolution\Debt Management Policy 2011 Resolution.doc -549- 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 CITY OF CORPUS CHRISTI, TEXAS FINANCIAL SERVICES DEBT MANAGEMENT POLICY December 13, 2011 DEBT MANAGEMENT POLICY Table of Contents Section Title Page 1. Purpose and Objectives 1 2. Scope 2 3. Roles and Responsibilities 2 4. Selection of Service Providers 4 5. Use of Debt Instruments 6 6. Structure and Type of Debt 6 7. Debt Limits 11 8. Fund Balance Requirements 12 9. Methods of Sale 12 10. Refunding of Debt 15 11. Variable Rate Exposure 16 12. Interest Rate Swap Agreements 17 13. Continuing Disclosure 18 14. Investment of Debt Proceeds 18 18 22 24 24 15. Post Issuance Tax Compliance 16. Capital Improvement Project 17. Public Input on Capital Improvement Needs 18. Definitions -552- Debt Management Policy Section 1 PURPOSE AND OBJECTIVES 1.1 Purpose The Director of Financial Services for the City of Corpus Christi, Texas (the "City") is charged by the City Manager with the responsibility for prudently and properly managing any and all debt incurred by the City. The following policy provides the methods, procedures, policies and practices which, when exercised, ensure the sound fiscal management of the City's debt program. All City offices and departments must comply with the guidelines and procedures set forth in this policy. The purpose of this policy is to provide guidance regarding the issuance, management, continuing evaluation and reporting on all debt obligations issued by the City. The Corpus Christi City Council recognizes that there are no absolute rules or easy formulas that can substitute for a thorough review of all information affecting the City's debt position. Debt decisions should be the result of deliberative consideration of all factors involved. This policy is intended to augment the deliberation process by addressing the methods, procedures, and practices to be utilized to ensure effective and judicious fiscal management of City funds. The terms of this Debt Management Policy (the "Policy") are intended to comply with all federal and state laws governing debt, including, but not limited to, Texas law, Internal Revenue Service rules and regulations, United. States Securities and Exchange Commission (SEC) regulations, Municipal Securities Rulemaking Board (MSRB) rules and regulations, and the existing City debt covenants and City of Corpus Christi home rule Charter ( "City Charter ") provisions. 1.2 Objectives Debt Management shall be conducted with the primary objectives of Maintaining or enhancing the City's existing credit rating for all categories of short and long -term debt, consistent with the financial policies and bond covenants approved by the City Council; 1 —553— * Section 2 SCOPE Complies with applicable bond covenants and federal tax laws to ensure continued tax exemptions or tax credits. Maintaining access to capital; Minimizing borrowing costs; and Maximizing financial flexibility. 2.1 This Policy shall govern debt obligations issued by the City that finance the construction or acquisition of infrastructure and other assets or to refinance existing debt. The City may also desire to issue debt obligations on behalf of external agencies, non -profit corporations, or other authorities for the purpose of construction or acquisition of infrastructure or other assets that further the goals and objectives of City government. In that case, the City shall take reasonable steps to confirm the financial feasibility of the project and the financing solvency of any necessary borrower; and shall take all reasonable precautions to ensure the public purpose and financial viability of such transactions. 2.2 This Policy applies to all short-term and long -term debt securities issued by the City. This may include general obligation bonds, certificates of obligation, revenue bonds, commercial paper, long -term capital leases, certificates of participation, tax notes, tax anticipation notes, bank notes, equipment notes, private placements, letters of credit, and other similar credit or liquidity facilities or other debt instruments. Section 3 ROLES AND RESPONSIBILITIES 3.1 All debt programs will be made in accordance with applicable federal and state regulations, subject to applicable law. The City Council will approve the issuance of all City bond indebtedness. 3.2 The Director of Financial Services has the primary responsibility for making debt - financing recommendations to the City Council and has responsibility for the appropriate management of the City's debt program. 3.3 The Director of Financial Services, or the designee thereof, will coordinate all activities necessary to issue debt, including, but not limited to: ▪ Selection of financial advisor and bond counsel; • Verifying compliance with City Charter; • Review of ordinances and resolutions prepared by bond counsel; • Review of all documents necessary to issue debt prepared by bond counsel; 2 —554— • Review of offering memoranda or other disclosure documents provided by financial advisors; and ■ Review of all related financial analyses. 3.4 The Director of Financial Services, or the designee thereof, will provide no less often than annually to the City Council: a. An annual debt issuance schedule for capital projects (included in the operating budget); b. An updated ten -year capital improvement plan (included in the capital budget); c. Certification that the City is current on all debt service payments; d. Disclosure of any payment defaults since the prior report was made to the City Council; and e. Disclosure of any other bond covenant violations or defaults since the prior report was made to the City Council of which the Director of Financial Services has actual knowledge. 3.5 The Capital Budget Officer, or the designee thereof; will facilitate implementation and oversee the Capital Improvement Plan for City offices and departments pursuant to Section 16 of this Policy. 3.6 The Director of Financial Services, or the designee thereof, will recommend to the City Council a financing team consisting of bond counsel, financial advisor, and underwriters, to the extent required for each debt issue. 3.7 The Office of Management and Budget is responsible for reporting quarterly in its financial report a schedule that includes outstanding debt requirements as well as commercial paper activity and capital lease activity. These reports will include principal and interest requirements, dates for each and related interest rates. 3.8 The City Treasurer is responsible for assuring that all debt service payments are made in a timely manner to the appropriate paying agents for the obligations issued by the City. 3.9 The Office of the Director of Financial Services is responsible for preparing and submitting the annual continuing disclosure pursuant to SEC Rule 15x12. 3.10 The City departments administering projects financed with debt funding are responsible for complying with Section 16 of this Policy. 3 —555— Section 4 SELECTION OF SERVICE PROVIDERS 4.1 Financial Advisors The Director of Financial Services provides recommendations for the selection of a financial advisor for the City's debt program. The financial advisor will have comprehensive municipal debt knowledge and experience and may perform the following duties including but not limited to: comprehensive analyses of debt refinancing, recommendations for alternative financial structures; development of timing and sale of new issues; recommending whether the sale of the new issues be through a competitive bid sale, negotiated sale, or private placement; coordinating the market pricing of debt securities; issuing and disseminating the bond offering document and other disclosure requirements; coordinating with the underwriters of the bond issuance if the bonds are sold through a negotiated sale; seeking and obtaining ratings from the three major bond rating agencies; and providing guidance and advice about debt- related topics, as needed. Due to the complex nature of the City's debt portfolio, it is important for the City to maintain continuity with a financial advisor who is familiar with the City's history in issuing bonds. The City reserves the right, however, to conduct a formal request for proposal or request for qualifications process to select its financial advisor. 4.2 Bond Counsel The Director of Financial Services coordinates with the City Attorney, the Assistant City Manager for Administrative Services, and the City Manager on the selection of bond counsel for all debt issues. Bond counsel will have c omprehensive municipal debt knowledge and experience. When the bond counsel has been selected, they are responsible for providing an opinion to investors in two specific areas. The bond counsel must opine to investors that the securities are valid and legally binding obligations of the City. Then, the bond counsel will opine on whether the interest on the bonds is exempt from federal taxation. The bond counsel also prepares all bond documents necessary to execute the bond issuance. The bond counsel is responsible for coordinating with the City Attorney's office, City Secretary's office, and Financial Services Department, as well as the City's financial advisor, to ensure that all tasks associated with the bond issuance are completed within prescribed timeframes. To the extent required by State law, bond counsel is responsible for coordinating with the Office of the Attorney General and the Office of the Comptroller of Public Accounts of the State of Texas matters relating to the approval of City obligations. The City values continuity in maintaining a relationship with bond counsel due to the complexity of issues and laws related in issuing municipal bonds. However, the City reserves the right to conduct a formal request for proposal or request for qualifications process to select its bond counsel. 4.3 Paying Agent/Registrar 4 —556— a. General Obligation Bonds - The City generally issues general obligation bonds for general purpose capital improvements when benefits accrue to the entire community. General obligation bonds are also used when the expectation of the project is that it will not generate . significant revenues to fund the project outright. The general obligation bonds are sold for a term no greater than the useful life of the project that is being funded through the issuance of the general obligation bonds. The City pledges its "fill faith and credit" and levies an ad valorem tax to repay the debt, consistent with State law and the City Charter. In order to issue general obligation bonds, the eligible voters of the City must authorize the amount to be issued through a bond election held for such purpose. For future bond elections, the City will make every effort to include the related utility relocation costs in the bond election for street projects in order to minimize any utility rate increases that would be associated to the cost of such related utility relocations. In the event that the utility relocation costs are not included in the bond election for street projects, then the City will disclose, at the time of the bond election, the impact of such costs on future utility rates. b. Certificates of Obligation — Under State law, the City has the opportunity to issue certificates of obligation. Although voter approval is not required, additional notification and public hearing requirements may apply, to the extent so provided by applicable State law. Certificates of obligation may be secured by a combination of ad valorem taxes and revenues from a source that the City is authorized by State law to encumber for a public purpose, e.g., solid waste. Certificates of obligation are often issued to finance projects in cases where user fees charged for the use of the projects financed are pledged to repay the certificates of obligation. Examples include: Solid Waste, Marina, Hotel Occupancy Tax, etc. Certificates of obligation are available for governments when the improvements being sought are necessary for the health, safety and welfare of the government's citizens, in circumstances where cost overruns on a general obligation bond - financed capital improvement may have occurred, or where financial opportunities unexpectedly arise to leverage funds from other entities and reduce the City's capital cost for a community improvement. Also, certificates of obligation may be issued where the timing of the construction of a capital improvement and the expense of calling a bond election for a single proposition would, in the opinion of City staff and with the approval of the City Council, warrant the issuance of certificates of obligation to finance the capital improvement. _g57— c. Revenue Bonds — Revenue bonds are secured by a specific source of revenue. There is no ad valorem tax pledge. Revenue bonds are issued to pay for improvements that benefit the users that repay the debt through user fees. The City issues revenue bonds primarily for the City's Airport and Utility Systems. Typically, the City is required to fund a reserve fund that has on deposit an amount no less than the average annual debt service requirements on outstanding revenue bonds, as a contingency in the event revenues that are collected for services provided are not sufficient to satisfy debt service requirements. Another method to provide for such reserves is the use of a credit facility (such as a surety bond) in lieu of cash or eligible investments in the amount of the average annual debt service requirements on the outstanding revenue bonds. The costs of both methods are evaluated prior to a revenue bond issue. The City fully complies with debt service and reserve funding requirements set forth in any and all bond covenants. When revenue bonds are issued or are outstanding, coverage requirements consistent with the bond covenant will be maintained, typically at a level no less than 1.25 times the average annual debt service requirements on the outstanding revenue bonds. The City maintains that it will collect rates and charges at all times that are necessary to produce gross revenues and other pledged revenue in each fiscal year equal to the greater of either: • Amounts sufficient to pay all current operating expenses plus amounts sufficient to produce net revenue for each fiscal year at least equal to 1.25 times the average annual principal and interest requirements on all revenue bonds outstanding; or Amounts sufficient to pay the sum of all current operating expenses, the average annual principal and interest requirements on the outstanding priority bonds; required deposits to the reserve fund for revenue bonds, and amounts required to pay any other obligations reasonably anticipated to be paid from gross revenues during the fiscal year. One operating ratio that is utilized is for the days' operating coverage to generally be 90 days — meaning that maintaining revenue sufficient to cover 90 days of operating expenses is targeted. Although this ratio is not mandated by the City's bond covenants, it is one that is utilized by the. City's management. The City may also issue bonds and other obligations that are secured by revenues generated within a designated geographic area of the City, such as a tax increment reinvestment zone or a public improvement district. Covenants pertaining to the coverage requirements, reserve funds and other financial considerations will be developed, working with the City's financial advisor and bond counsel, to ensure that any obligations issued will be creditworthy and marketable. 8 —558— d. State Revolving Loan Funds — The State of Texas administers various revolving loan funds, which are available to be loaned to Texas political subdivisions in accordance with the statutory authority granted to state agencies to fund loans, and the regulations of the state agency with respect to the specific loan program. Two examples of such loan programs are the Texas Water Development Board water and wastewater loan programs, and the Texas Military Preparedness Commission loan program to assist defense communities in financing infrastructure improvements. The Director of Financial Services, working with the City's financial advisor, will explore financing opportunities under State loan programs to determine if financial or other benefits may help the City in pursuing Loans from such state agencies. e. Refunding Bond — The Director of Financial Services, working with the City's financial advisor, will consider refinancing outstanding debt issues, as more fully discussed in Section 10 of this Policy. g. Commercial Paper — The City has established a commercial paper program to provide interim (short- term) financing authority to fund improvements to the City's Utility System. The commercial paper notes are structured as bond anticipation notes, and as a condition to the issuance of the commercial paper notes, the City must provide sufficient liquidity to enable commercial paper noteholders to be paid upon the maturity of the commercial paper notes. The Director of Financial Services, working with the City's financial advisor, will monitor the commercial paper market to ensure that the City is obtaining the lowest possible interest rates on its outstanding commercial paper notes, as well as to determine, based on the needs of the City and the then existing public debt market conditions, the timing of refunding the commercial paper notes with long term fixed rate revenue bonds. Tax Anticipation Notes / Tax Notes — Chapter 1431, Title 9 of the Government Code defines and addresses the issuance of anticipation notes by municipalities, counties, eligible school districts, or eligible countywide districts. State law authorizes two different types of borrowings under this chapter: short -term anticipation notes and long -term anticipation notes (frequently referred to as "tax notes "). (1) Short -term Anticipation Notes — State law permits the City to issue short term notes in anticipation of ad valorem tax collections. The City will prepare budgets to ensure that there will be no need to issue tax anticipation notes to fund the budget. However, should emergency situations arise, the Director of Financial Services, working with the City's financial advisor, will advise the City Council on the necessity of City Council approving the issuance of tax anticipation notes. 9 —559— State law authorizes tax anticipation notes to have a maximum term of one year. (2) Long -term Tax Notes - State law also permits the City to issue long term notes to pay for the construction of a public work; the purchase of materials, supplies, equipment, machinery, buildings, land, and rights-of-way for the City's authorized needs and purposes; and to pay for professional services, including a service by an engineer, architect, attorney, mapmaker, auditor, financial advisor, or fiscal agent. State law authorizes these tax notes to have a maximum term of seven years. h. , Capital Lease Financing and Equipment Notes - The Director of Financial Services, working with the City's financial advisor, will review the equipment needs of City departments and determine financing options ffor acquiring or leasing equipment, either through presenting to the City Council or approval of lease or lease - purchase agreements with vendors to acquire equipment, or seeking the approval from the City Council to authorize the issuance and sale of notes or other short term obligations to borrow funds to acquire equipment. I Any other debt instrument authorized for issuance by the City in accordance with the Texas Government Code or other applicable law. 6.4 Individual revenue streams considered for proposed debt service of revenue bonds should meet a minimum debt service coverage ratio test of 1.25 times average annual debt . service, along with any appropriate reserve or contingency fiords. Debt coverage is defined as total revenue divided by total debt service. 6.5 Fixed Interest versus Variable Interest The City primarily issues fixed rate bonds to protect the City against interest rate risk. The City has the option to issue variable rate bonds and may, if market conditions warrant, consider such a structure. Commercial paper notes, due to their short term maturities (270 days or Iess), are treated as variable rate obligations. 6.6 Conduit Securities The City has created, and may create, nonprofit corporations as authorized by State statutes that act as a conduit for tax - exempt financing. Those corporations include but are not restricted to: (1) Corpus Christi Housing Finance Corporation, (2) Corpus Christi Industrial Development Corporation, and (3) the Coastal Bend Health Facilities Development Corporation, l0 —560— These entities issue bonds for the benefit of unrelated commercial entities, and the City assumes no liability for the timely payment of debt issued by these entities. These bonds are not liabilities of the City or the respective corporations and are solely payable from revenues of the various commercial entities. In addition, the City has created nonprofit corporations to assist the City in financing various public infrastructure improvements, such as the North Padre Island Development Corporation and the Corpus Christi Business and Job Development Corporation. Public funds, such as voter - approved sales taxes and tax increment revenues, may be made available to these corporations by contract with the City, in fulfillment of the public purposes for which these corporations were created. 6.7 Structure Bonds are generally issued with an average life of 20 years or less for general obligation bonds and revenue bonds but may be greater for some projects such as landfills and major utility facilities whose lives are greater than 20 years. Typically, interest is paid in the first fiscal year after a bond sale, and principal is paid no later than the second fiscal year after the debt is issued. Call provisions for bond issues shall be made as short as possible consistent with the lowest interest cost to the City. The targeted maximum length to call is I0 years. However, the City may opt for a call date Ionger than 10 years in order to achieve the necessary goals of the particular issue. Section 7 DEBT LIMITS 7.1 The City will maintain its outstanding debt within the limits prescribed by State statute and the City Charter. As permitted by the Constitution of the State of Texas, home rule cities of over 5,000 population shall have a total tax allowable of $2.50 and shall have a bond allowable of $1.50 per $100 valuation (unless City Charter provides less). For purposes of issuing bonds, the State allowables are computed based on 90% collections. On April 3, 1993, the citizens of Corpus Christi voted to amend the City Charter which contained a tax limitation of $0.68 per $100 of assessed valuation for all purposes including debt service to allow for the tax rate to increase up to the State limit for voter approved debt after April 4, 1993. The City evaluates new debt issuance as it relates to the current debt level. The amount of debt retired each year is compared to the amount of debt to be issued any given year, and an analysis is performed to determine the City's ability to assume and support additional debt service payments. When appropriate, the issuance of self-supporting revenue bonds and self- supporting certificates of obligation bonds are also considered. 1.15 7.2 The City may choose to issue short-term debt (maturities one -year or Tess) that pay a fixed rate of interest or that pay a rate of interest that varies, both consistent with Federal and State laws and applicable bond covenants of pre- existing bonds. 7.2.1 The City will issue short-term securities for the purposes of providing: 7.2.1.1 interim financing for long -term capital projects; 7.2.1.2 financing of short -term assets at or near their useful life; 7.2.1.3 interim cash flow /working capital needs as they arise; or 7.2.1.4 a reduction of the overall interest cost of debt financings of the City. 7.3 The City shall use economic ratios as a tool to assist in providing an objective analytical approach to determine debt capacity for new projects. These ratios may include: a. Debt per capita; b. Debt as a percent of statutory debt limit; c. Debt as a percent of appraised valuation; d. Debt service payments as a percent of governmental expenditures; or e. Level of overlapping net debt of all local taxing jurisdictions. An objective, analytical approach is used to make the determination of whether debt is issued. The process compares generally accepted standards of affordability to the current values for the City. The City strives to meet and achieve these standards. Section 8 FUND BALANCE REQUIREMENT 8.1 The City will strive to maintain a debt service fund balance for general obligation bonds and certificates of obligation of at least 2 percent of the annual debt service requirement for the fiscal year; provided, however, that this requirement shall comply with the provisions of Treasury Regulation 1.148 -2(0 which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 9 METHODS OF SALE 9.1 The City may use competitive sales, negotiated sales, or private placements. When considering the method of sale, the City will take into consideration: a. Financial conditions; b. Market conditions; c. Transaction - specific conditions; d. City - related conditions; and e. Risks associated with each method. 9.2 Competitive sales are the preferred method under the following circumstances: a. A general obligation pledge or annual appropriation of general revenue; b. Simple structure and financial analysis; c. Stable financial market; and d. Moderate paramount. 9.2.1 A competitive sale is when bonds are awarded in a sealed bid sale to an underwriter or syndicate of underwriters that provides the lowest True Interest Cost (TIC) bid. TIC is defined as the rate, which will discount the aggregate amount of debt service payable over the life of the bond issue to its present value on the date of delivery. In today's market, bids primarily are submitted electronically through a secure website. 9.2.2 Competitive Sale Bidding Parameters: 9.2.2.1 Bid Verifications - The City awards successful bidders on the basis of the lowest TIC. 9.2.2.2 Good Faith Deposits - Bidders collectively choose a bank to be the good faith bank in providing a good faith deposit. The bidders keep funds on deposit to cover the good faith check if necessary. The Financial Advisor collects a cashier's check in advance for 2% of the issue if the issue is competitive or for I% of the issue if the issue is negotiated. Bidders not covered by the good faith bank must provide a good faith check at the time they submit their bid. When the issue closes, the good faith check is returned, usually through overnight mail. 9.2.2.3 Allowable Discounts /Premiums - In most cases, the City requires bidders to purchase bonds at a price of no less than par. When there are no prevailing limitations, a discount /premium may be permitted when market conditions indicate a discount /premium will be rewarded by a more competitive bid and when there is flexibility to increase /decrease the par amount of the issue. If there is considerable market activity on the date of the proposed sale or other market - related factor to necessitate improving the marketability of the issue, discounts /premiums may be permitted. Bidders are notified in advance of the allowance for discounts /premiums. 9.2.2.4 Term Bonds - Bidders may form term bonds based on the length of the ;:maturity schedule. In a 20 -year maturity, they may form anywhere between three to five term bonds. The resulting term bond structure must completely mirror the serial bond structure. V 93 Negotiated sales are the preferred method under the following circumstances: a. Complex transactions that require extensive financial modeling, credit analysis, pre - marketing efforts, or that are interest rate sensitive; and b. Volatile financial markets. 9.3.1 A negotiated sale is when the City chooses an underwriter or underwriting syndicate that is interested in reoffering a particular series of bonds to investors. The terms of the sale including the size of the underwriter's discount, date of sale, and other factors are negotiated between the two parties. Although the method of sale is termed negotiated, individual components of the sale may be competitively bid. The components are subject to a market analysis and reviewed prior to recommendation by staff. Negotiated sales are more advantageous when there needs to be some flexibility in the sale date or when less conventional bond . structures are being sold. Negotiated sales are also often used when the issue is particularly large or if the sale of the debt issuance would be perceived to be more successful with pre - marketing efforts. 9.3.2 Negotiated Sale - Allocation and Designation Policies: 9.3.2,1 The City uses designation rules that reward performance. The most common order type used by the City is the Member Designated Order. This type of order permits the institution placing the order to designate which syndicate members receive credit for its order. Typically the City requires that each institution must designate at Ieast three syndicate members, and no one firm may receive more than 50% credit. 9.3.2.2 Retention - At least two days prior to pricing, the senior managing underwriter will award a block of bonds to each co-manager in the syndicate. Each co- manager is responsible for buying these bonds even if they do not obtain orders for them. If another member of the syndicate has more orders than they can fill, the member may fill orders for syndicate members that have not obtained sufficient orders. 9.3.2.3 Management Fee - The management fee to compensate the underwriters for providing assistance in structuring of the transaction, review of documents, coordination of the working group, efforts to obtain credit enhancement, and other tasks. The management fee is typically allocated in the same allocation as the retention allocation. 9.4 Private placement is the preferred method under the following circumstances: a. Small issue size; b. Questionable security for the issue; and c. Overall cost savings to the City. 14 —564— A private placement is a sale of debt securities to a limited number of sophisticated investors. The City may engage a placement agent to identify likely investors. A private placement is beneficial when the issue size is small or when the security of the bonds is weak since the private placement permits issuers to sell more risky securities at a higher yield to investors that are familiar with the credit risk. 9.5 The City considers the following criteria when determining the appropriate method of sale for any debt issuance: a. Complexity of the Issue — Municipal securities with complex security features require greater marketing and buyer education efforts on the part of the underwriter, to improve the investors' willingness to purchase. b. Volatility of Bond Yields — If municipal markets are subject to abrupt changes in interest rates, there may be a need to have some flexibility in the timing of the sale to take advantage of positive market changes or to delay a sale in the face of negative market changes. c. Familiarity of Underwriters with the City's Credit Quality — If underwriters are familiar with the City's credit quality, a lower TIC may be achieved. Awareness of the credit quality of the City has a direct impact on the TIC an underwriter will bid on an issue. Therefore, where additional information in the form of presale marketing benefits the interest rate, a negotiated sale may be recommended. The City strives to maintain an excellent bond rating. As a result, the Municipal Bond Market is generally familiar with the City's credit quality. d. Size of the Issue - The City may choose to offer sizable issues as negotiated so that pre - marketing and buyer education efforts may be done to more effectively promote the bond sale. Section 10 REFUNDING OF DEBT 10.1 The City may elect to refund existing debt for reasons including, but not limited to, the following: a. To achieve Net Present Value (NPV) savings; b. To update bond covenants on outstanding debt that impair efficient operations or prohibit necessary or desirable activities; c. To restructure the debt service schedules associated with outstanding bond issues; or d. To alter bond characteristics such as call provisions or payment dates. —66— 10.2 If a refunding is undertaken, the City will evaluate: a. Issuance costs that will be incurred; b. Interest rate at which the refunding bonds can be issued; c. Maturity dates of the refunded bonds; d. Call date (if any) on the refunded bonds; e. Call premium (if any) on the refunded bonds; and f Whether to issue the refunding bonds for a period beyond the original maturity date. 10.3 Types of Refunding Current refundings occur when outstanding debt is called for redemption within 90 days. Most City's debt has a ten -year call date built into its structure. When debt reaches the call date,. refunding bonds may be issued to pay off the old debt. Advance refundings are refundings where the debt is not called for redemption within 90 days. In an advance refunding, the proceeds to defease the debt at its call date are placed in escrow until the call date. The City's practice is generally to invest escrow in federal securities known as State and Local Government fixed rate securities. The amount to be deposited into the escrow is calculated by identifying the amount necessary to deposit, which will earn a fixed rate of interest, to accumulate to the amount necessary to be available upon the call. This practice prevents exposure to the practice of "yield burning" since there are no excess earnings under this structure. The Tax Reform Act of 1986 limits each issue to one advance refunding for all issues issued after 1986. When the interest rate savings is the principal reason for advance refunding an issue, the City will include issues that can contribute to at least a 2.5% present value savings. Other factors may also affect the City's decision to advance refund an issue. Section 11 VARIABLE RATE EXPOSURE 11.1 The City may use variable rate debt (including commercial paper) to lower the cost of borrowing and provide a hedge against interest rate risk. 11.2 The City's target is not to exceed 30 percent of its total outstanding debt in a variable rate mode. 11.3 Variable rate debt should be converted to fixed rate debt as necessary to maintain the 30 percent target, to meet the particular needs of a financing program, or to lock in low long term fixed interest rates. 16 —566— 11.4 When issuing variable rate debt, the City will have appropriate contingency plans in place, such as reserves or hedging instruments, to mitigate the risk associated with rising interest rate environments. Section 12 INTEREST RATE SWAP AGREEMENTS 12.1 The City may consider the use of interest rate swap agreements on a case -by -base basis and consistent with Texas law and financial prudence. 12.2 Interest rate swap agreements may be used for the following purposes: a. To achieve significant savings as compared to other, non - derivative type products available in the bond market; b. To prudently hedge risk in the context of a particular financing or the overall asset/liability management of the City; c. To incur variable rate exposure within prudent financial guidelines; d. To achieve more flexibility in meeting overall financial objectives than available in conventional markets; or e. To accomplish a financial objective not otherwise obtainable using traditional financing methods. 12.3 The City will not enter into an interest rate swap agreement without advice of an independent advisor and bond counsel. 12.4 The City may enter into an interest rate swap agreement if the counterparty has at least two long -term unsecured credit ratings of at least equal to the City's long term general obligation rating from Fitch Ratings, Moody's Investors Service, Inc. or Standard & Poor's Ratings Services, and the party has demonstrated experience in successfully executing interest rate swap agreements. 12.5 The City will select counterparties utilizing one of the Methods of Sale as outlined in Section 9 of this Policy. 12,6 Before entering into an interest rate swap agreement, the City shall evaluate all the risks inherent in the transaction including counterparty risk, termination risk, rollover risk, basis risk, tax event risk, credit risk and amortization risk. Evaluation of risk will also include the following considerations: a. Uncertainty with respect to the City's future debt obligations; b. Effect on the City's credit quality; c. Cumulative exposure to all risk factors identified; d. Difficulty and costs associated with terminations; and e. Limitations on the ability to refund the swap's underlying bonds. 17 —567 — 12.7 The City will monitor interest rate swap agreements no less often than on a quarterly basis to ensure compliance with corresponding swap documentation. Section 13 CONTINUING DISCLOSURE 13.1 The City will periodically review the requirements of the Municipal Securities Rulemaking Board (MSRB) and the recommendations of the Government Finance Officers Association (GFOA), including the GFOA recommendation that financial statements be prepared and presented according to generally accepted accounting principles. 13.2 The City will remain in compliance with SEC Rule 15c2 -12 by filing its annual financial statements and other financial and operating data for the benefit of its bondholders within six months after the end of each fiscal year. Section 14 INVESTMENT OF DEBT PROCEEDS 14.1 Debt proceeds will be invested in accordance with the City's Investment Policy or as otherwise permitted in the ordinance or resolution authorizing the issuance of the debt. 14.2 Interest earned is allocated to each fund monthly based on the average balance of funds available during the month. Interest earned on proceeds from bonds, certificates of obligation, commercial paper or other short-term or long -term debt proceeds is allocated to the respective capital projects funds. 14.3 The City maintains in its Investment Policy document approved by the City Council the strategy and policies for investing all available monies (which included bond proceeds). Interest on bond proceeds is restricted such that it may only be used to fund projects that have the same purpose as the purpose for which the bonds were originally issued. Construction proceeds are typically invested in short -term securities so that they are more liquid, Section 15 TAX COMPLIANCE 15.1 In General This section contains policies and guidelines (the "Policies and Guidelines ") of the City regarding compliance with certain federal tax requirements applicable to the City's bonds and other obligations the interest on which is excluded from gross income for federal 18 -568- income tax purposes ( "Tax - Exempt Bonds ") and certain Build America Bonds ( "BABs ") that entitle the City to receive a federal tax credit payment. These Policies and Guidelines relate to requirements that must be met subsequent to the issuance of Tax - Exempt Bonds and BABs in order to maintain that exclusion or receive a federal tax credit payment including, without limitation, requirements relating to use of proceeds, arbitrage, private business use and record retention. These Policies and Guidelines supersede any post - issuance compliance policy previously adopted by the City but do not supersede, limit or contravene any representations, statements or covenants of the City contained in the bond documents, include the bond ordinance, any resolutions, Certificate as to Tax Exemption, Tax Covenant and Representation Agreement or similar tax certificate, Issue Price Certificate and tax opinions and memoranda related to the issuance of bonds (the "Bond Documents ") for its Tax - Exempt Bonds or BABs. 15.2 Policy It is the policy of the City to adhere to all applicable tax requirements with respect to its Tax- Exempt Bonds and BABs as set forth in the Bond Documents including, but not limited to, requirements relating to the use of proceeds of Tax- Exempt Bonds and BABs and facilities financed and refinanced with Tax - Exempt Bonds and BABs (the "Bond - Financed Facilities "), arbitrage yield restrictions and rebate, timely return filings, and other general tax requirements set forth in the Bond Documents. 15.3 Compliance Monitoring Consistent with the covenants of the City contained in the Bond Documents, the City will monitor compliance with the federal tax requirements applicable to its Tax - Exempt Bonds and BABs. The Assistant City Manager of Administrative Services, the Director of Financial Services or designees are responsible for monitoring compliance with those requirements, with assistance from Bond and Tax Counsel and the City's financial advisor. 15.4 Issue Price In connection with establishing the Issue Price for Tax Exempt Bonds and BABs, some or all following actions should be taken to the extent permitted by the parties to the financing: 15.4.1 Obtain executed Issue Price Certificate from senior managing underwriter or other representative of underwriting group in form approved by Bond Counsel. 15.4.2. Financial advisors of the City and appropriate City officers monitor pricing of Tax Exempt Bonds. and BABs. 15.4.3 For initial sales of BABs, obtain quantity sold, purchaser and price paid. 15.4.4 Either obtain from underwriters or monitor on Electronic Municipal Market Access C "EMMA" sales of City BABs, from pricing date to closing date and have City's financial advisor advise as to any anomalies. 15.5 Record Retention In accordance with Internal Revenue Service ( "IRS ") requirements, the City will retain the following records with respect to its Tax - Exempt Bonds and BABs: 15.5.1 Bond transcripts; 15.5.2 Records regarding Issue Price description in Section 15.4; 15.5.3 Documentation showing the expenditure of proceeds of the Tax- Exempt Bonds and BABs for one or more Bond - Financed Facility; 15.5.4 Documentation showing the use of the Bond - Financed Facilities; 15.5.5 Documentation showing the sources of payment and security for the Tax - Exempt Bonds and BABs; 15.5.6 Documentation related to the investment of proceeds of the Tax - Exempt Bonds and BABs, including the purchase and sale of securities, investment income received, yield calculations, and rebate calculations; 15.5.7 All returns filed with the IRS for the Tax - Exempt Bonds (including, as applicable, IRS Forms 8038 -G Information Return for Tax - Exempt ,Governmental Obligations, 8038 -T Arbitrage Rebate, Yield Reduction and Penalty in Lieu of Arbitrage Rebate, and 8038 -R Request for Recovery of Overpayments under Arbitrage Rebate Provisions) and for BABs (including IRS Forms 8038 -B, Information Return for Build America Bonds and Recovery Zone Economic Development Bonds); and 15.5.8 Any other documentation that is material to the exclusion of interest on the Tax - Exempt Bonds from gross income for federal income tax purposes or entitlement to federal tax credit payments for the BABs. 15.5.9 Form 8038 -CP: Return for Credit Payments to Issuers of Qualified Bonds, the following: 1. Set up tickler or calendar notification system to insure timely filing; 2. File Form 8038 -CP within 45 -day filing window; and 3. Maintain sufficient records to show that those returns are correct. 15.5.10 Except as otherwise set forth in the Bond Documents, the City will retain the records described above in hard and/or electronic copy format for so long as the 20 -570- applicable Tax - Exempt Bonds and BABs remain outstanding and for a period of three years after final redemption of the applicable Tax - Exempt Bonds and BABs. With respect to Tax - Exempt Bonds that are refunding bonds, the City will retain the above - described records for the refunding and refunded bonds (and any earlier issue in the case of a series of refundings). The Director of Financial Services. or designee is responsible for retaining the records relating to the City's Tax - Exempt Bonds and BABs. 15.6 Arbitrage 15.6.1 The City will follow a policy of full compliance with all arbitrage rebate requirements of the Internal Revenue Code of 1986, as amended and its adopted rules and regulations, and will perform (via contract consultant) arbitrage calculations for each debt issue subject to rebate on an annual basis. All necessary rebate liabilities will be fired and paid when due. 15.6.2 The City will follow a Policy of full compliance with all arbitrage rebate requirements of the Internal Revenue Code of 1986, as amended and its adopted rules and regulations, and will perform (via contract consultant) arbitrage calculations for each debt issue subject to rebate on an annual basis. All necessary rebate liabilities will be filed and paid when clue. 15.6.3 Arbitrage Calculations and Rebate On fixed -yield issues, the calculation of rebate must be performed no later than each five - year anniversary date of the issuance of the bonds and at final maturity. The City currently outsources those calculations on an annual basis. Where bond interest earnings exceed the arbitrage yield, the City rebates those excess earnings to the Internal Revenue Service. The City keeps detailed records of investments and construction expenditures to provide to the consultant to make the arbitrage calculation. The City plans projects carefully in order to determine the applicability of rebate exceptions. 15.6.4 Exceptions to Rebate Calculations Six -month Exception — Where 95% of the proceeds will be spent within six months and the other 5% will be spent within twelve months. Eighteen -month Exception — Available for any type of capital proceeds and includes the following spending schedule: 15% in six months, 60% in twelve months, and 100% in eighteen months (with a de ininimus holdback). An issue does not fail to satisfy the spending requirement for the third spending period as a result of a reasonable retainage if the reasonable retainage is allocated to expenditures within 30 months of the issue date. 71 Twenty-four month Exception — Only available to a construction issue having the following expenditure goals: 10% in six months, 45% in twelve months, 75% in eighteen months, and 100% in twenty -four months (with a de minimus hold back). An issue does not fail to satisfy the spending requirement for the fourth spending period as a result of unspent amounts for reasonable retainage if the reasonable retainage is allocated to expenditures within 3 years of the issue date. 15.7 Remedial Action If the City in complying with the terrns and provisions the policies or guidelines set forth herein or determines that the requirements of these policies and guidelines or the tax covenants or representations in the Bond Documents may have been violated, the City will make final determinations, if necessary with the assistance of its Bond and Tax counsel and Financial Advisors, and take appropriate actions related to such noncompliance including, if appropriate, any remedial action described under applicable Treasury Regulations or through the Tax Exempt Bonds Voluntary Closing Agreement Program. 15.8 Coordination With Bond Documents In the event of any conflict between these Procedures and Guidelines and the Bond Documents, the Bond Documents shall govern. Section 16 CAPITAL IMPROVEMENT PROGRAM 16.1 In order to ensure sufficient cash flow is available to meet capital improvement project cash requirements, an annual debt issuance schedule is required. The Capital Improvement Planning Guide (the "Guide ") will provide the basis for the annual debt issuance schedule. It is imperative that the City's contemplated capital improvement programs and all prospective letting of construction contracts comply with this Policy. 16.2 The underlying asset that is being financed must be of a non - recurring nature and must sheuld have as long a useful life as the maturity schedule of the debt issued for the financing of the asset. Since issuing debt costs more to the entity than purchasing assets outright, the use of financing will be carefully evaluated to ensure that the benefits, tangible and /or intangible derived from financing exceed the related financing costs. 16.3 Capital improvements projects that qualify for debt - service financing are defined as costs to acquire a new capital asset or improvements to an existing asset .that increase capacity, improve functionality or extend the useful life of the asset beyond its original useful life. 16.4 On -going Capital Needs - 22 —572 -- 16.4.1 Capital projects are generally defined as costs to construct an asset or system improvement that exceed $5,000 and have a useful life of at Least the term of financing but no less than one year. 16.4.2 The City Council's goals and policies focus on infrastructure improvements. The City strives to maintain capital assets and infrastructure at a sufficient level to protect the City's investment to minimize replacement and maintenance costs, and to maintain service levels. 16.4.3 An annual review of the (1) need for capital improvements and equipment, (2) current status of the City's infrastructure, (3) replacement and renovation needs, and (4) potential new projects, is implemented during the capital budget process. All projects, ongoing and proposed, are prioritized by City staff which includes a representative from Financial Services, the Office of Management and Budget, Engineering Services, and each department which has or may have capital improvement project requests. For every capital project, all operating and maintenance costs /estimated incremental revenues would be included in the proposal, as well as a start date, requested total budget, the capital amount expected to be expended each year, and proposed sources of funding. City staff would then match eligible requests with available sources of funding. For those capital projects .identified that will require ongoing maintenance costs once the projects are completed, no maintenance costs will be financed with revenue bonds. 16.4.4 Decisions are made on prioritization of proposed projects using the following criteria that must be documented in the Guide: o Public health and safety o Regulatory requirement (agreed orders both Federal and State), o Voter- approved bonds, o Completion of existing projects already approved by the City Council, o Operational/life cycle cost drivers; and o New projects recommended by the committee noted above. 16.4.5 Capital improvements may be funded using current revenues (property tax, dedicated tax, enterprise user fees, etc.), grant funds, contributions (such as developer contributions) and the issuance of debt. City staff will make every effort to utilize the Pay -As- You -Go method of funding capital improvements. 16.4.6 Upon completion of the Guide, City staff will present it to the Planning Commission as per City Charter, Article V. Planning, Section 4: The Comprehensive Plan, and then to the City Council for approval by ordinance. Once approved, the list of projects and a total dollar amount of capital improvement projects would then be identified, and any additions to the Guide for that particular year would warrant a change to the ordinance to either identify additional funding for a particular project or to identify the reduction of one project in order to fund the additional project or change order to an existing project. Section 17 PUBLIC INPUT ON CAPITAL IMPROVEMENT NEEDS 17.1 Citizen Input- 17.1.1 Citizen Input Form — In order to obtain input from the citizens on projects to be included in a bond election, a "Citizen Input Form" is made available on the City's website at http: / /www.cctexas.com. The form provides a place for citizens to list in priority the projects they feel should be considered in the next bond election. It also provides a place for the reasoning in choosing those particular projects. The results of the citizen input forms would then be compiled and presented to the City Council so that a slate of projects could be prepared for the bond election. 17.1.2 Town Hall Meetings — City Council members also hold Town Hall meetings in their respective districts to obtain input from citizens on the projects they would like considered for a bond election. All the suggestions from the Town Hall meetings would then be compiled and presented to the City Council for discussion to be included on the slate of projects for the bond election. 17.2 Citizen Advisory Committee _ At the discretion of the City Council, a Citizen Advisory Committee may be formed to initiate the development of a multi -year financing and management tool that identifies public facility and equipment requirements, places these requirements in order of priority, and schedules them for funding and implementation. Section 18 DEFINITIONS 18.1 Definitions: a. Amortization Risk — The cost to the issuer of servicing debt or honoring swap payments due to mismatch between bonds and the notional amount of the swap outstanding. b. Arbitrage — The investment of proceeds from tax - exempt debt in taxable securities to benefit from the differential in yields. c. Basis Risk — The mismatch between actual variable rate debt service and variable rate indices used to determine swap payments. 24 —574— revenues of the issuer is usually eliminated. Both the borrower's debt and the offsetting cash or bonds are removed from the balance sheet. q. Derivative Security -- A financial security, such as an option or future, whose value is derived in part from the value and characteristics of another security, the underlying asset. r. General Obligation —Bonds backed by the annual levy of an ad valorem tax as necessary, within the limits prescribed by law (if any), to pay off the bonds. s. Hedge — A transaction that reduces the risk of an investment. t. Interest .Rate Management Agreement — An agreement entered into in connection with the issuance of debt by an issuer or in connection with debt already outstanding, with a counterparty to provide for an exchange of payments based upon fixed and /or variable interest rates. u. Interest Rate Risk — The chance that a security's value will change due to a change in interest rates. For example, a bond's price drops as interest rates rise. v. Interest Rate Swap Agreement — A binding agreement between counterparties to exchange periodic interest payments on some predetermined dollar principal, which is called the notional principal amount. For example, one party will pay fixed and receive variable. w. Issuance Costs — The expenses associated with the sale of new securities, including such items as underwriter's spread, printing, legal fees and rating costs. x. Liquidity Risk — The risk that arises from the difficulty of selling an asset in a timely manner. y. Negotiated Sales A sale whereby the issuer selects an underwriter in advance so that the underwriter can assist with determining the appropriate structure of the bonds. z. Notional Principal Amount — In an interest rate swap, the predetermined dollar principal on which the exchanged interest payments are based aa. Private Placement — A sale whereby the issuer sells the bonds directly to an institutional investor. bb. Reasonable Retainage — An amount, not to exceed five percent of available construction proceeds, that is retained for reasonable business purposes relating to the property financed with the proceeds of the issue. For example, a reasonable retainage may include a retention to ensure or promote compliance with a construction contract —47 5 — in circumstances in which the retained amount is not yet payable, or in which the issuer reasonably determines that a dispute exists regarding completion or payment. cc. Refunding Bonds — A bond issued to retire a bond already outstanding that may be sold for cash and outstanding bonds redeemed with cash or exchanged with holders of outstanding bonds. dd. Rollover Risk — The risk that results when a swap contract does not have the same terms with the unrelated bonds (ie. the mismatch of the maturity of a swap and the maturity of the underlying bonds). ee. Syndicate — A group of banks that acts jointly, on a temporary basis, to loan money in a bank credit (syndicated credit) or to underwrite a new issue of bonds. if Tax Anticipation Notes — Short-term notes issued in anticipation of collections of taxes or as otherwise provided by State law. gg. Tax Event Risk - The risk that the spread between taxable and tax - exempt rates will change as a result of the changes in income tax laws or other conditions. hh. Termination Risk — The need to terminate a transaction in a market that dictates a termination payment by the issuer. ii. Variable Rate Debt — Bonds with interest rates that fluctuate based upon an index or pricing procedure. These bonds often offer lower interest rates and have short maturities. hh. Yield Burning — A municipal bond financing method. Underwriters in advance refundings add large markups on U.S. Treasury bonds bought and held in escrow to compensate investors while waiting for repayment of old bonds after issuance of the new bonds. Since bond prices and yields move in opposite directions, when the bonds are marked up, they "burn down" the yield, which may violate federal tax rules and diminishes tax revenues. 76— 40 AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 DATE: 11/11/2011 TO: Ronald, L. Olson, City Manager FROM: Stephen Draper, Director, Development ServiceP StephenD@cctexas.com (361) 826-3246 Deferment Agreement with Baker Hughes Oilfield Operations, Inc. in the amount of $367,153.93 for public improvements related to Deaton Baker Subdivision, Block 1, Lot 1. CAPTION: Motion authorizing the City Manager to execute a Deferment Agreement with Baker Hughes Oilfield Operations, Inc. (Developer), in the amount of $367,153.93 for public improvements including construction of water, wastewater, and storm water improvements for the Deaton Baker Subdivision, Block 1, Lot 1 located on State Highway 44, west of South Clarkwood Road and east of County Road 57, in accordance with the Unified Development Code, Section 8.1.10, Requirements for Plat Recordation Prior to Final Acceptance of Infrastructure Based on Financial Security. BACKGROUND AND FINDINGS: Baker Hughes Oilfield Operations, Inc. is requesting to defer the construction of public improvements as required for the development and platting of the Deaton Baker Subdivision, Block 1, Lot 1 (Exhibit B). The Developer's project schedule requires the concurrent construction of vertical and infrastructure improvements. This will require recordation of the Subdivision Plat prior to construction of the required infrastructure (deferred improvements). The deferred public improvements, Exhibit C, include the construction of water, wastewater, and storm water public improvements. Construction plans for the public improvements were submitted to Development Services on September 29, 2011 and are in the final stages of approval. On December 7, 2011, the Planning Commission will review and provide a recommendation of the Deferment Agreement. For approval, the Planning Commission shall find reasonable cause to delay the required public improvements to expedite the recordation of the plat by the Developer's time schedule. The Developer agreed to provide a Performance Bond in the amount of $367,153.93 in the form of an acceptable financial document. This amount is 110% of the estimated cost of constructing the required improvements, Exhibit D, in compliance with the Unified Development Code, Section 8.1.10.B. A Deferment Agreement, Exhibit E, between the City of Corpus Christi and Baker Hughes Oilfield Operations, Inc. allows the Developer to defer the construction of the required improvements for a period of up to one (1) year from the date the deferment agreement is signed and approved. The deferment of improvements will allow the Developer to expedite the recording of the plat and obtain building permits to develop Deaton Baker Subdivision, Block 1, Lot 1. ALTERNATIVES: Denial of the proposed Deferment Agreement OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The agreement complies with the Unified Development Code. EMERGENCY / NON- EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal 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 Comments: Developer must post a Performance Bond with the City in the amount 110% of the cost of the public improvements and comply with all other requirements of the Deferment Agreement. Developer must also construct the water line, wastewater line, and storm water line within the next one (1) year or less, as determined by City Council. RECOMMENDATION: On December 7, 2011 the Planning Commission will review and provide a recommendation. Staff' recommends approval. LIST OF SUPPORTING DOCUMENTS: Exhibit A - Location Map Exhibit B — Final Plat, Deaton Baker, Block 1, Lot 1 Exhibit C - Public Improvements Plan Exhibit D - Cost Estimate Exhibit E - Deferment Agreement Approvals: Deborah Brown, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of lVianagernent and Budget Rudy D. Garza, Assistant City Manager K:IDeveiopment ServiceslDeferment AgreementsXBaker HugheslBaker Hughes Agenda Memo FINALdocx —580— SUBJECT PROPERTY MORGAN_RD n r AGNES SST 717-411111111116i • lemiLL n OCL • • HWY 44 FRWY DEATON BAKER LOT 1 BLK 1 SITE- LOCATION MAP Subject Property FXHA 11111 !Ilillllt rn —DONNA-AVE- NNAAVE- 5701E OF 11040 COUNTY OF HUECES 1 070001 T BARRER* CLERK OP TIIF COUNTY COURT IH ANU 1:148 SAID CO NIY 00 HEREBY CERTIFY THAT THE FOREG01N0 INSTRUMENT DATED THE OAT OF 20, WITH ITS CERTIFICATE OF AUTHENTICATION WAS FILED FOR RECORD IR LIT OFFICE THET�UOY OF 20 AT O'CLOCK_H 0N11 DULY-RECORO10 THE DAY DF , 20 AT O'2L0CK_ U 111 0017 COUNTY IN . VOLVMEY... PAGC_NAP RECORDS CIIHES5 MY HAIR AIM SEAL 01 THE COUNTY 0011AT IN AND FUO SAID COUNTY AT OWEICES IN CORPUS CHRISTI TEXAS THE DAY AND YEAR LAS) WRITIEN 210 FILER FOR PECORO01117* 7P.00HRERA (COUNTY 01ERR AT O'CLOTA.__,_M 2D_ BY DEPUTY STATE. 00 70005 COUNTT OF NUECES IHl5 FINAL PLAT OF 111E HEREIN DESCRIBED PROPERTY APFRDVED BY THE DEPARILENT OF DEVELOPMENT SERVICES OF RHE CITY OF CORPUS CHRL5T1, TEXAS. THIS 171E - DAY OF , 20_ JUAN (000LE5, J1., P.E. 000ELOVME111 00701205 ENGINEER STATE O' TEXAS COUNTY OF MACES THIS FINAL PLAT OF THE HEREIN DESCRIBED 2200PER11 WA5 APPROVED UN BEHALF OF TIRE CM OF CORPUS CHRISTI. TEXAS 0`a THE PLANNING COMMISSION. THIS THE 000 OF RUVY 08120 2X010110 MISUSE S. 5AL0AN.1, 4. I.C. P. SECRETARY ACCORDING To 111E FLOOD INSURANCE RATE MAP 1F1RM1 FOR REEVES COUNTY, TEXAS, 000410NIIY PANEL HUMBER 4E0494 0295 C. MAP REVISED MARCH 59, 1005, TRE 5116JECT PROPERTY I5 LOCATED IN 2011E C MICR IN T1115 CASE 15 NOT A SPECIAL FL000 HAZARD AREA. dN -1 3 0 0 STATE HIGHWAY AA (R.O.W. (PUBLIC HIGHWAY) 5 84.65'25" E 375,fi7• N 64.12'03" E 545.57' LOT 1 BLOCK 1 29.4000 ACRES 15,200,660 S0. 11T.1 15" W11.1111L59iFNi VARIES) 711' 2 T R r�PLL�xE�sxe e1 3AYIL4R1 Acix nemnos°°� 5 09'15'26` W 916.29' RE518UAL 254.07 ACRES CLIFF' INVE57NENT5, INC. TO NA55ER FARANNARIAN (MUM JUNE 27, 200T OFFICIAL. RECORDS INSTIBP.IEAII • 20070302T0 NOTE5: 1. THIS PROPERTY FALLS WITHIN 5 NAUTICAL MILE5 OF TILE C0RP115 CRRI5T1 1217ERNAl102111 AIRPORT [MIT, A5 SUCH,FUTURE OEVEL0011011 AIYVGH LIFR0P1MENTS ON THIS 0100PE1'Y WILL BE SUBJECT TO 111E CORP55 CHRISTI AIRPORT LORING 0411INANCE AS WELL A5 AMT ANO ATI APP7ICADLE FEDERAL AVIATIOH AO111!15T0A11071 10011 REGULATED/5 AND STANDARDS. THESE DETE01105//OOE7f1T110N700)05 ,� MA1RKKINGS, ETOL, TO, HEIGHTS. Li GRIT TNG, 2. 1N ADDITION TO 11EE11ND FAA REGULATIONS AND STANDARDS, THE DESIGN CROMPLY1017HRALLYIHEAAPPPPROPRIATE FWHICH AA 4017157.11 CIRCULARS S own 111O FAA 001' 1 SUCH A5 AC 150/5280-390. 3 ICOIRPUSA 2HR15T1.TN97 70011110 0010015510* 50022.112012 50001115104.2111 00 2. THE RECEIYINO WATERS FOR THE 510RM NATER RUIIOFF (0:151 THIS 080PE018 15 050 GREED. TORO IMS NOT CLASSIFIED IKE x000T1C LIFE USE FOR 050 CHEER,OUR IT IS 1ECOGI1L2E0 A5 PN ENVIRONMENTALLY SENSE -117E 0000. US) CREEK EL0115 DIRECTLY INTO 050 BAY. IRE TCEO HAS CLASSIFIED THE 00110110 LITE USE FON 050 BAY ES EKCEPTIDNAL" AND -0151101L. WATER5USFIND CATEGORIZED TEE RECEIVING N41ER AS "CDM0C1 5. 0E1EN11011 FACILITY AIM 0100051011 5WALE WILL 0E 0I01011111100 BY Np , PROPERTY OWNER. C. NO 0051110 - P1DF-ERIY LOCATED OUTSIDE GF IRE CI17 LIMITS. LEGEND: s . FOIHB 5/0 1x011 DIAMETER 1RON RDD DITN PLASTIC [AP • IRO0041141 N DE WITT*11221OWIER LAST I C CAP STAINED -clviA, . 001150 00714E10 *114020710 P.O.B.= FIELONOTE PNINT of BEGINNING I.R. • YARD REOUIRELIENT 14E. - UT1L111 EASED/TNT ADDRESS: 9333 5TATE HIGHWAY 44 f:. J P r�r,in , cO&11)1 ss10 SITE 5 LOCATION MAP THE STATE OF CTCR10! TEX (011510 CF YIAS: 1H35 IS 10 CERTIFY THAT BAPEII 1)11GINE5 011.01(111 OPERATIONS, INC., h CALIFORNIA 2011500011UN 15 THE LEGAL 00IEO OF THE LANK SHOWN ON THIS PLAT, REM THE TRACT GT LARD A5 COIVE4E0 RY DEEB DATED AUGUST 2, 2011 AND RECORDED IN 0010121AL maims IN5TR2AIENT 110. 2011028103 OF /MEOWS COMM. TEXAS, AND DESIGNATED 11011111 A5, 5EATON-RAILER SUBDIVISION, BLOCK 1, LOT 1 10 THE CITY 00 CORPUS 1111571, TEXAS. BYI GEORGE P. HER*I0001 14000 H11100S 01111010 OPERATIONS, RIC., L 0011001IUA CORP0051O1 111E STATE OF TEXAS! G CCOTY OF HA11R151 BEFORE HE, 114E 1MIERS1GIIED 1010001.111.10T7O 1R01111.01 THE PR9aNAYAP(1175 AME L5 511B5C070ED 70 THE FOREGOING I11510IMENT, AND ACR500105GED TO 11E THAT SUCH PERSON EXECUTED THE SAME FOR THE PURPOSE .SNC CONSIDERATIONS 1NE7121N STATED. GIVER CIDER HT NAND ABU SEAL OF OFFICE THIS 111E DAY OF 11D1AHY PUOL10, STATE OF IEM45 , 2011, XRON 011 MEN BY TIIC51 P0ESE11112: TH1T I, BEHNIL A. OPLYAN, U0 HEREBY CE01101 11100 1 11.5,01 00 AC1001 arca ACCURATE 200010 OF INE PlAT1E0 LARD, AHD 11101 711E COINER 100NLEN1(1 SHOWN ON 111E FOREFOIHG P LAT DERE P00PEPLY PLACED WEEP LIT P0050051 SIIPCAV1510N. 1x15 L1517 LIES 'MIFF 001001E001T01101 200150L1T1011 OF 111E 0110 OF 0012200 (001501. mum?, LLC RY, BENNIE L. 0ALV4N REGISTERED PROFESSIONAL LAND SUITVE0DR TEXAS 0001510011010 HO. 5224 D ATE: 504LE T1 FEET 200 400 600 411111 C IiviICor� 1501 E. 110CK111GAVi0, SUITE 406, VICTORIA, TEXAS 77904 TEL: (3611570-1500 1471 13611570-1501 F8:ti'91L PLAT+ BEAR]TON-BAKE 7 , d1@C4'89888O Off, n Csz V, 8 sA T 8 0E1115J0715 1F DRAWN 01•1 5, M.S. 408 NEI.: 1170759 BRACT 20.4000 0221*GETTRACT OF HE SAME 29.4000ND 1TUATED IN ACRE TRACT?HE OF 10900 CONVEYEDF GALLAGHER FARAH11AKIAN TO BAREABSTRACT NO. R HUGHES OIMACES LFIELD7000PA1ION5,2 IN[ , AACME CALIFORNIA CORPORATION BY DEED DATED AUGUST 2, 2014 A5 RECORDED IN OPPLC141 RECORDS INSTRUMENT 11U_ 2011020101 OF HUECES COUNTY, TEXAS. F00. 07. NO.: NSA DATE: 1077:/17 SCAM 1" = 200' SHEET 1 OF 1 EXHIBIT B 1 A ----- Le x. Ix re"' STATE HI GNWAY 4a [B. C. W. VAR 1FSI - [AUBLlC HIGHWAY] Baker Hughes Joint Facility Corpus Christi, Texas 6333 State Highway�— Corpus Christi, Texas 6 r� C i CI ISQorp q• JIM Eilikendlasa1E1119 xm.,y 7R W WI%et f[LM.ao[=: PUBLIC WATER IMPROVEMENTS FOR DEATON -BAKER SUBDIVISION PUBLIC SANITARY SEWER IMPROVEMENTS FOR DEATON -BAKER SUBDIVISION COSTS ITEM DESCRIPTION UNIT QUANTITIES UNIT COST TOTAL COST FIRE HYDRANT ASSEMBLY EA 5 $5,500.00 $27,500.00 12" GATE VALVE & BOX EA 2 04,250.00 $8,500.00 5" GATE VALVE 5, BOX EA 4 $3,100.00 512,400.00 CONNECT TO EXISTING WATERLINE EA 2 59,500.09 $19,000.00 WATER MAIN (12 ")(C- 906)(PVC) LF 924 $47.55 $43,890.00 WATER MAIN (B ")(C- 900)(PVC) 51,161.54 2356 $32.50 576,635.00 TRENCH SAFETY LF 50 5300.00 515,000.00 GRAND TOTAL{ SUBTOTAL: 5202,925.00 Contingency (10 %) 520,292.50 WATER TOTAL= $223,217.50, PUBLIC SANITARY SEWER IMPROVEMENTS FOR DEATON -BAKER SUBDIVISION COSTS COSTS ITEM DESCRIPTION UNIT QUANTITIES UNIT COST TOTAL COST SAN SEWER PIPE (10 ") (SDR -26) LF 924 $42.50 $39,270.00 48" DIA. MANHOLE EA 3 57,501.00 522,503.00 TRENCH EXCAVATION PROTECTION LF 024 53000 $27,720.00 EA SUBTOTAL: 589,403.00 Contingency (10 %) 58,949.30 SEWER TOTAL, $98,442.30 PUBLIC STORM SEWER IMPROVEMENTS FOR DEATON- BAKER SUBDIVISION COSTS ITEM DESCRIPTION UNIT QUANTITIES UNIT COST TOTAL COST 18' RCP STORM SEWER PIPE u 167 $45.00 57,515.00 3X3 JUNCTION BOX EA 1 51,040.00 51,000.00 5X5 JUNCTION BOX EA 1 51,500.00 51,500.00 CONNECT TO EXISTING INLET EA 1 $1.004.06 51,000.00 SUBTOTAL: 511,015,00 Contingency (10 %) 51,161.54 STORM TOTAL= $12,116,50 * 110% OF CONSTRUCTION COSTS PER CITY ORDINANCE TOTAL (WATER +SEWER +STORM) $333,778,39 10% ADDITIONAL $33,377.63 GRAND TOTAL{ 5367,153.93 'EXHIBIT D -584- Exhibit E Deferment Agreement DEFERMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Deferment Agreement, (hereinafter "AGREEMENT ") is entered into between the City of Corpus Christi, Texas, a Texas Home Rule Municipality, (hereinafter "CITY ") and Baker Hughes Oilfield Operations, Inc., a California Corporation, (hereinafter "DEVELOPER "), and pertains to deferral of the completion of certain improvements required prior to filing the final plat of Deaton Baker Subdivision, Block 1, Lot 1 (hereinafter "PLAT "), which was approved by the Planning Commission on October 26, 2011. A copy of the PLAT is attached and incorporated as Exhibit 1; WHEREAS, in accordance with Unified Development Code (hereinafter "UDC ") Subsection 8.1.6, before seeking acceptance of all improvements by submitting the final PLAT in accordance with UDC Subsection 8.1.11 for recordation, the DEVELOPER is obligated to complete the installation and construction of all required improvements and submit required quality assurance documentation; WHEREAS, the DEVELOPER is seeking to have the PLAT filed immediately with the County Clerk of Nueces County, Texas, before completion of the required improvements in conformity with UDC Subsections 8.1.3 and 8.1.4; WHEREAS, the DEVELOPER submitted written application and is seeking to defer, for a period of up to one (1) year, the construction of the water, wastewater, and storm water improvements (hereinafter the "deferred improvements "), as shown in Exhibit 2; and further, on December 7, 2011, the Planning Commission found, and recommended to the City Council, that reasonable cause exists to delay the completion of the required public improvements for PLAT recordation provided that, in accordance with UDC Subsection 8.1.10.B, the following noted conditions are met; WHEREAS, in accordance with UDC Subsection 8.1.10.B,1, the DEVELOPER will provide to the CITY prior to the recording of the PLAT, a DEVELOPER guarantee in the form of a Performance Bond, for the construction of the improvements to ensure completion of the project. The Performance Bond shall be in the amount of $367,153.93, representing 110% of the cost of constructing the deferred improvements as estimated by the DEVELOPER'S engineer and accepted by the Assistant City Manager of Development Services, or his designee (hereinafter "DEVELOPMENT SERVICES ACM "). Cost Estimate is attached and incorporated as Exhibit 3; WHEREAS, water and sewer service are available to serve Deaton Baker Subdivision, Block 1, Lot 1; WHEREAS, the DEVELOPER is entering into this AGREEMENT as required by UDC Subsection 8.1.10.B.3; NOW, THEREFORE,,. for the consideration set forth hereinafter, the CITY and DEVELOPER agree as follows: 1. The DEVELOPER shall construct the deferred improvements, in accordance with the CITY'S engineering standards in effect at the time of construction. 2. The DEVELOPER certifies all other subdivision requirements, park dedications, park dedication deferment agreements, maintenance agreements and all special covenants, if any, have been completed. 3. The CITY hereby waives the requirement that construction of the deferred improvements be completed before the final PLAT is endorsed by the CITY Engineer and filed for record with the County Clerk of Nueces County and further agrees to allow the DEVELOPER to defer construction of the required improvements as shown in Exhibit 2, for up to one (1) year from the date of this AGREEMENT, or such later time as may be mutually agreed upon in writing by both parties. 4. The DEVELOPER agrees to deliver a Performance Bond in the amount of $367,153.93, being 110% of the estimated cost of constructing the deferred improvements, as shown in Exhibit "3 ", which is attached to and incorporated into this AGREEMENT, to the CITY on or before the PLAT is filed with the County Clerk, and if such Performance Bond is not provided by that time, this AGREEMENT shall become null and void. The form of the Performance Bond must be approved by the CITY Attorney and the CITY'S Director of Financial Services. 5. The Performance Bond must be executed by the DEVELOPER, as principal, and by a corporate surety acceptable to the CITY, as obligee, and conditioned upon the DEVELOPER named in the Performance Bond faithfully complying with all of the provisions of this AGREEMENT until the CITY has accepted the deferred improvements. 6. The Performance Bond shall secure the CITY against all costs, charges and expenses related to the failure of the DEVELOPER to construct the deferred improvements. A Performance Bond issued under this provision must be valid for the deferment period or more, and require as sole documentation for payment a statement in writing from the City Manager setting forth the circumstances giving rise to the call on the bond, or a statement of the failure to furnish proof of renewal or replacement of the bond, if necessary, no Tess than thirty (30) days prior to the expiration of the then current bond. 7. The CITY and DEVELOPER agree that completion of the deferred improvements shall be determined by the DEVELOPMENT SERVICES ACM in accordance with the acceptance requirements noted in UDC Subsections 8.1.11 and 8.1.12, but in no .event shall the deferred improvements be deemed complete until the CITY Engineer has provided a certification of completeness, which certification shall not be unreasonably withheld, conditioned or delayed. 8. Upon completion of the deferred improvements by DEVELOPER, and upon compliance by the DEVELOPER with the terms of this AGREEMENT, the DEVELOPMENT SERVICES ACM and/or. the CITY Engineer shall: a. Immediately release the DEVELOPER from the obligations to construct the deferred improvements by mailing a Release Letter to: Baker Hughes Oilfield Operations, Inc., a California Corporation 2929 Allen Parkway, Suite 2100 Houston, Texas 77019 Attn: George P. Bernhardt b. Return to the DEVELOPER within sixty (60) days of the completion of the construction of the deferred improvements and settlement of the construction costs, or within sixty (60) days of acceptance of the deferred improvements, whichever is later, the Performance Bond and any balance remaining of all monies received by the CITY from the DEVELOPER, including any interest earned. 9. The CITY and DEVELOPER agree that if the DEVELOPER formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for completion of the construction of the deferred improvements, any money received by the CITY from the DEVELOPER remaining on deposit, plus interest earned, will be released and immediately returned to the DEVELOPER. 10. If the deferred improvements have not been completed prior to the deadline for completion of the construction of the deferred improvements, or if the DEVELOPER fails to deposit any increased security as set out . below, after notice to the DEVELOPER and opportunity to cure as stated in Paragraph 11 below, the CITY will call the Performance Bond and transfer the money received, including any interest earned, to the appropriate CITY fund and the CITY may begin completion of the construction of the deferred improvements. If CITY constructs all or any part of the required improvements, the DEVELOPER shall reimburse the CITY for any additional cost of the deferred improvements, if the sum of money and interest prove inadequate to complete deferred improvements within thirty (30) days after CITY completes the required improvements and bills the DEVELOPER. 11. If DEVELOPER defaults in any of its covenants or obligations under this AGREEMENT, the DEVELOPMENT SERVICES ACM and/or the CITY'S Engineer will send the DEVELOPER written notice by certified mail, return receipt requested, advising DEVELOPER of the default and giving DEVELOPER thirty (30) days from date of receipt of the letter, or such longer period as may be reasonably necessary if the default is not reasonably curable within thirty (30) days, to cure the default. If the DEVELOPER fails to cure the default after receipt of the notice and opportunity to cure, the DEVELOPMENT SERVICES ACM and /or the CITY'S Engineer may transfer any monies received and interest earned to the appropriate fund of the CITY to complete the deferred improvements. In the event there are any monies received by the CITY from the DEVELOPER, plus interest earned, remaining after the CITY has completed construction of the deferred improvements, the excess monies, both principal and interest, shall be refunded to the DEVELOPER, within sixty (60) days of the completion of construction of the deferred improvements and settlement of construction contracts. 12. The CITY reserves the right not to issue Certificates of Occupancy for this development until the deferred improvements are installed, deemed complete and accepted by the CITY. 13. The DEVELOPER agrees that the CITY, after notice in writing to the DEVELOPER and Project Engineer, may accelerate payment or performance or require additional financial security when the CITY deems itself insecure as to the prospect of payment or performance on a demonstrated reasonable basis. 14. The Developer and CITY agree, that should the deferment period be changed to greater than one (1) year from the date of this AGREEMENT, as mutually agreed upon in writing by both parties, an increase in security may be required on the first year anniversary of this AGREEMENT and annually thereafter, if the DEVELOPER'S Engineer or the CITY reasonably determines that the present financial security does not provide for 110% of the estimated construction costs. 15. The DEVELOPER covenants to construct the deferred improvements, and that this covenant shall be a covenant running with the land. 16. The CITY'S Engineer, at DEVELOPER'S expense, shall file for record this AGREEMENT in the records of the County in which this property is located, that being Nueces County, State of Texas. 17. No party may assign this AGREEMENT or any rights under this AGREEMENT without the prior written approval of the other party. 18. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery or by certified mail, and if given personally or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted above the signature of the party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. 19. This AGREEMENT shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. 20. The DEVELOPER further agrees, in compliance with the CITY'S Ordinance No. 17113, to complete, as part of this AGREEMENT, the Disclosure of Ownership interests form attached to this AGREEMENT as Exhibit 4. 21. This AGREEMENT shall be executed in triplicate, all original copies of which shall be considered one instrument. This AGREEMENT becomes effective and is binding upon, and inures to the benefit of _ the CITY and DEVELOPER, and their respective heirs, successors and assigns, from and after the date that all original copies have been executed by all parties. 22. The person signing this AGREEMENT on behalf of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this AGREEMENT binding and enforceable by their signature. EXECUTED in triplicate this day of Signatures found at pages 6 and 7. , 2011. THE STATE OF TEXAS § COUNTY OF NUECES § DEVELOPER: By: Baker Hughes Oilfield Operations, Inc. a California Corporation 2929 Allen Parkway, Suite 2100 Houston, Texas 77019 Name: David E. Emerson Vice President This instrument was acknowledged before me on the day of November, 2011, by David E. Emerson, Vice President of Baker Hughes Oilfield Operations, Inc., a California corporation and Developer herein, on behalf of said corporation. Notary Public, State of Texas —591— 1 \ItII'lf�i ELLEN S ROTH Pr/ 'M Notary Public, State of Texas My Commission N v mber� Expires 07, 2015 �„d�NNP CITY ATTEST: CITY OF CORPUS CHRISTI 1201 Leopard Street P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 826 -3220 By: By: Armando Chapa Ronald L. Olson City Secretary City Manager THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2011, by Armando Chapa, City Secretary, for the City Of Corpus Christi, a Texas Municipal Corporation, on behalf of the Corporation. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2011, by Ronald L. Olson, City Manager, for the City Of Corpus Christi, a Texas Municipal Corporation, on behalf of the Corporation. Notary Public, State Of Texas APPROVED AS TO FORM: This day of , 2011. Carlos Valdez, City Attorney By: eborah Walther Br w Assistant City Attorney 41 AGENDA MEMORANDUM for the City Council Meeting of December 6, 2011 DATE: 12/6/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Engineering Services It petean @cctexas.com (361) 826 -3781 Gustavo Gonzalez, P. E., Director of Water Operati r� gustavogo@cctexas.com (361) 826 -1874 CAPTION: Award Job Order Construction Contract Motion authorizing the City Manager or designee to execute a Job Order Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $61,906.54 for certain construction connected with Homeland Security Protection. BACKGROUND AND FINDINGS: Under a homeland security grant, the proposed project will construct improvements to provide improved security. 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. 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. -595 - K:IENGENEERING DATAEXCHANGEIVELMAPIWATERLWESLEY SEALE DAM1E11119 WESELY SEALE DAM SECURITY FENCINGS1 AGENDA ITEM GENERIC.DOTX > 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 1 NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: Ooeratina Expense Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $0.00 $0.00 $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 This item $0.00 $61,906.54 $0.00 $61,906.54 Other Anticipated Expenditures $0.00 $0.00 Balance $0.00 $61,906.54 $0.00 $61,906.54 Fund(s): Water and Homeland Security Grant Fund Comments: This project requires 45 calendar days, with anticipated completion approximately February 2012. RECOMMENDATION: City staff recommends that the contract be awarded to Barcom Commercial of Corpus Christi, Texas, in the amount of $61,906.54. LIST OF SUPPORTING DOCUMENTS: Project Budget 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 J:ITEMP \CITY COUNCIL. ACTION ITEM WESLEY SEALE DAM.BOCX -596 -- PROJECT BUDGET Job Order Construction Contract Project December 6, 2011 Funds Available $105,000.00 FUNDS REQUIRED: Construction (Barcom Commercial) . . $61,906.54 Contingencies (10 %) 6,1 90.65 Engineering Services (3.4 %) 2,104.82 Misc. (Printing, Advertising, etc.) 250.00 Total..... . . $70,452.02 Estimated Project Budget Balance... $34,547.98 42 AGENDA MEMORANDUM for the City Council Meeting of December 6, 2011 DATE: 11/17/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services it petean @cctexas.com (361) 826 -3781 Valerie Gray, Director of Storm Water and Street Operations valerieg @cctexas.com (361) 826 -1875 CAPTION: Approval of Construction Contract: Turtle Cove Park/Jester Drainage Improvements for the Base Bid Motion authorizing the City Manager or designee to execute a construction contract with H2O Construction of Harlingen, Texas, in the amount of $555,197.00 for the Turtle Cove Park /Jester Drainage Improvements for the Base Bid. BACKGROUND AND FINDINGS: The area drainage system near Jester Street is inadequate to effectively convey the storm water runoff from routine rain events. This project improves area infrastructure and will be implemented in a phased design and construction approach. This project phase consists of removing and reconstructing asphalt pavement at the intersection of Flour Bluff Drive and Jester Street, excavating and installing storm water system within Turtle Cove Park, constructing a concrete outfall structure and headwall, installing and maintaining storm water pollution prevention and traffic control measures. On October 12, 2011, the City received proposals from six (6) bidders and their respective bids are as follows: Contractor Base Bid H2O Construction, Harlingen TX $555,197.00 Clark Pipeline Service, Corpus Christi TX $575,807.11 Garrett Construction, Ingleside, TX $592,852.50 Grace Paving & Construction, Corpus Christi TX $597,579.83 Relmco Construction, Hondo, TX $664,491.81 Bay Ltd., Corpus Christi, TX $712,699.80. —601— ALTERNATIVES: 1. Award the contract to H2O Construction 2. Rebid the project 3. Do not proceed with the project. OTHER CONSIDERATIONS: This project is anticipated to reduce drainage complaints and problems following storm events, as well as to relieve localized flooding. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; FY 201 1 -12 Capital Budget. EMERGENCY / NON-EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Storm Water FINANCIAL IMPACT: CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $49,900.00 $1,000,000.00 $1,000,000.00 $2,049,900.00 Encumbered / Expended Amount $49,900.00 This item $555,197.00 BALANCE $444,803.00 $1,000,000.00 $1,444,803.00 Fund(s): Storm Water CIP, No. 4527 Comments: This project is a multi -phase project funded out of the Storm Water CIP Fund. The goal of this project is to improve area drainage. Failure to complete project could result in increased costs of repair to the existing storm water system and property damage. RECOMMENDATION: The City's Consultant on this project, Martinez, Guy & Maybik, and City staff recommend that the contract be awarded to H2O Construction of Harlingen, Texas in the amount of $555,197.00 for the Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Consultant's Letter of Recommendation —602— 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 —603— PROJECT BUDGET TURTLE COVE PARK/JESTER DRAINAGE IMPROVEMENTS Project No. E11074 December 6, 2011 FUNDS AVAILABLE: Storm Water CIP (2010 -2014) $2,049,000.00 Previous Years' CIP $0.00 TOTAL $2,049,000.00 FUNDS REQUIRED: Construction (H20 Construction) Contingencies (10 %) Consultant Fees: NE Consultant (Martinez, Guy and Maybik)* A/E Consultant (Goldston Engineering) Materials Testing (Kleinfelder) $555,197.00 $55, 519.70 $49,880.00 $6,000.00 $16,406.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) $15,267.92 In -House Engineering Design $0.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) $19,431.90 Construction Inspection $19,431.90 Misc. (Printing, Advertising, etc.) 2,775.99 Finance Issuance 6,939.96 TOTAL $746,850.36 ESTIMATED PROJECT BUDGET BALANCE 1,302,149.65 ** *Administrative Approval April 3, 2009 * *This is a multi - phase project. Remaining balance is for 2nd and 3rd phases. —604— \Mproject \councilexhibits\ exhE11074.d wg ;HAS CORPUS cgCRTSTI Ray PROJECT SITE LAGUNA JVL DRE r Creek • LOCATION MAP NOT TO SCALE PROJECT #E11074 tiry C3urFOy 419 -MEXICO tic-D <.v � TURTLE COVE PARK /JESTER DRAINAGE IMPROVEMENTS PROJECT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 7 of 1 -605- MARTINEZ, GUY & MAYBIK, INC. ENGINEERS & SURVEYORS 6000 S. STAPLES, SUITE 207 CORPUS CHRISTI, TX 78413 October 28, 2011 Ms. Natasha Fudge City of Corpus Christi - Engineering Services 1201 Leopard Street Corpus Christi, TX 78401 Re: TURTLE COVE PARKJJESTER DRAINAGE IMPROVMENTS; PROJECT No. E11074 BID TABULATION AND RECOMMENDATION Dear Ms. Fudge, Our office has reviewed the bid submissions that were received from prospective contractors for proposed improvements for TURTLE COVE PARK/JESTER DRAINAGE IMPROVEMENTS; PROJECT No. El 1074. A full tabulation of each of the bids is included with copies of bid proposal forms from all the Bidders. The required documentation as per the Special Provisions sections A -28, A -29, and A -30 from the lowest Bidder is also included with this letter. The tabulation sheet contained herewith has been organized in similar order as per the bid proposal form provided in the Bidding Documents for the Project. In all, there were six (6) bidders that submitted for this project. Auer careful examination of each of the bids, this office recognizes H2O Construction Services as the apparent lowest bidder with a base bid of $555,197.00, (i.e. $530,197.00 per H2O's bid proposal plus $25,000 for base bid allowance per Bid Item A40); Clark Pipeline Services and Garrett Construction were the next two lowest bidders submitting base bids of $575,458.97 and $592,852.50, respectively. As such, this office recommends that a construction contract he awarded to H2O Construction Services for the base bid amount, with the number of working days to complete all the base bid items being 120 calendar days, with liquidated damages of $500 per calendar day to be paid to the City of the work is not completed within the specified period. It must be noted that H2O Construction Services is still required to satisfy the pre - construction requirements of acquiring the necessary insurances and bonding for the Project as stated in the Construction Documents. As always, the City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. Sincerely, MARTINEZ, GUY & MAYBIK, INC. Ricardo Martinez, F.E. RMIea cc: Bid Tabulation Sheet -606- Ae4t,`t y •;. ,. tt .DO MAR TINE*" 58265 .4,4 43 AGENDA MEMORANDUM for the City Council Meeting of December 6, 2011 DATE: 11/3/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E. Director of Engineering Services petean @cctexas.com, (361) 826 -3781 Foster Crowell, Director of Wastewater Operations fosterc @cctexas.com, (361) 826 -1801 Operation Approval of Professional Services Contract: City Wide Large Diameter Sanitary Sewer Cleaning and Inspection Program CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Coym, Rehmet & Gutierrez of Corpus Christi, Texas, in the amount of $243,413.00 for City Wide Large Diameter Sanitary Sewer Cleaning and Inspection Program. BACKGROUND AND FINDINGS: The project involves the preparation and development of the necessary technical specification and procurement documents for the City's large diameter (18" and above) sanitary sewer cleaning and inspection program. It provides for the issuance of service orders for inspection and cleaning of the sanitary sewers. The service order work will include developing the required scope, review of closed circuit (CCTV) inspection of the lines, construction exhibits, cost estimates and performing construction administration for service order execution. Coym, Rehmet and Gutierrez Engineering, L.P. will issue service orders upon the City's request and on an as —need basis for approximately $2.0 million per annum, cleaning and inspection services over the life of the three (3) year base contract. ALTERNATIVES: Three alternative means of procurement services were considered and rejected: Procurement of cleaning services by individual purchase order is inefficient in terms of staff utilization, cost effectiveness and City wide application. Procurement of cleaning services by engineering design, bid and construction is inefficient for timely delivery and cost prohibitive in terms of associated overhead expenditures. No procurement of cleaning services directly counters ongoing Wastewater Department efforts to reduce Sanitary Sewer Overflows (SSO's) City wide. OTHER CONSIDERATIONS: Coym, Rehmet and Gutierrez Engineering, L.P. (CRG), a local consultant engineering and surveying firm, was selected based upon their professional qualifications, local expertise and ongoing participation in the City -wide Sanitary Sewer Hydraulic Model project. It is anticipated that results from the Sanitary Sewer Hydraulic Model -609- will identify critical sewer line segments in need of cleaning service. An integrated and coordinated work effort from both of these projects under the direction of CRG will enhance the effectiveness of this operational investment. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process; FY 2011 -12 Operating Budget. EMERGENCY 1 NON - EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Wastewater FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (GIP only) Current Year Future Years TOTALS Line Item Budget $2,000,000.00 $4,000,000.00 $6,000,000.00 Encumbered / Expended Amount 0.00 0,00 This item $243,413.00 $243,413.00 BALANCE $1,756,587.00 $4,000,000.00 $5,756,587.00 Fund(s): Wastewater 0 & M (4200) Comments: This project will be funded by the Wastewater 0 & M fund (4200). Sufficient funds are budgeted in the FY11 -12 Operating Budget in account 530235 (Infrastructure Maintenance) for Year One of this Three Year contract. Funding in future years will be subject to Council appropriation. RECOMMENDATION: City staff recommends that a professional services contract be awarded to Coym, Rehmet & Gutierrez of Corpus Christi, Texas, in the amount of $243,413.00 for the City Wide Large Diameter Sanitary Sewer Cleaning and Inspection Program. 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 -610- \Mproject\ councilexhibits\exhE 11108. dwg NOTE: CITY WIDE PROGRAM PROJECT # E11108 LOCATION MAP NOT TO SCALE GAY OF .M2GICO LARGE DIAMETER SANITARY SEWER CLEANING AND INSPECTION PROGRAM CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 PROJECT BUDGET Large Diameter Sanitary Sewer Cleaning and .inspection Program (Wastewater O &M 2011 -2012) Project No. E11108 December 6, 2011 FUNDS AVAILABLE: Wastewater O &M (2011 -2014) $6,000,000.00 FUNDS REQUIRED: Cleaning Services - Base Contract (Estimated) $5,686,587.00 Contingency (0 %)* 0.00 Consultant Fees: A/E Consultant (Coym, Rehmet & Gutierrez) 243,413.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 15,000.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 45,000.00 Misc. (Printing, Advertising, etc.) 10,000.00 TOTAL $6,000,000.00 ESTIMATED PROJECT BUDGET BALANCE $0.00 *Project is funded by Wastewater O &M Fund and the Project cost is capped at $2,000,000.00 per year. 44 DATE: TO: FROM: AGENDA MEMORANDUM for the City Council Meeting of: Action December 13, 2011 December 13, 2011 Ronald L. Olson, City Manager Pete Anaya, P. E., Director of Engineering Services TA peteanacctexas.com (361) 826 -3781 Michael Morris, Director of Parks and Recreation %%t michaelmoacctexas.com (361) 826 -3464 Authorization to Sign Master Implementation and Phasing Contract: Destination Bayfront PURPOSE: Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Hargreaves Associates of San Francisco, California, in the amount of $1,315,137.50 for Destination Bayfront Master Implementation and Phasing Plan to include overall concept and schematic design phase services. BACKGROUND AND FINDINGS: Shoreline Realignment, Phase 3 was approved by city voters as part of the 2008 Bond Election and is the first step in developing Destination Bayfront. The bond project is currently under design and will realign northbound traffic lanes so they are adjacent to southbound lanes creating a large green space along. Shoreline Boulevard from Furman Avenue to Coopers Alley. This proposed contract will provide required architectural, engineering and planning services to develop parks and recreational facilities along Shoreline Drive resulting in a unique multi -use area that combines beach, park, cultural and event activities in a manner that highlights the city's bayfront into a destination locale. ALTERNATIVES: 1. Award the motion as proposed. 2. Reject the contract proposal and simply proceed with the bond project to realign Shoreline and not fully develop the resulting green space area at this time. FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense ❑ Revenue X CIP FISCAL YEAR: 2011 -2012 Prior Year (CIP Only) Current Year * Future Years TOTALS Budget 415,200 6,024,300.00 8,581,700.00 15,021,200.00 Encumbered /Expended Amt. 415,200 1,315,137.50 0 1,730,337.50 This item BALANCE 0 4,709,162.50_ 8,581,700.00 13,290,862.50 FUNDS: Bayfront Development General Obligation Bond K:1Engineering DataExchangelLyndalStreets12008 Bond IssuelBayfront Phase 31Destination Bayfrant\Design\Exec sumnsary.docx * This budget for future years is for the construction of the Shoreline Realignment Project Only. Construction of Destination Bayfront is pending future phasing and financing plans to support the implementation of the park and its Tong -term economic viability. Comments: Although the City owns all of the land in the plan, Destination Bayfront, a grassroots, volunteer -run non - profit is managing the design process through a City Council approved Memorandum of Understanding. This partnership is facilitating the process by working with adjacent stakeholders and community members to create momentum to accomplish the design, construction and final project in a timely and successful manner. RECOMMENDATION: City staff recommends this contract be awarded to Hargreaves Associates of San Francisco, California, in the amount of $1,315,137.50 CONFORMITY TO CITY POLICY: The procurement process conforms to the Texas Professional Services Procurement Act for the selection of engineering services and the Texas Local Government Code for Requests for Qualifications for professional services. EMERGENCY / NON-EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Parks and Recreation Department LIST OF SUPPORTING DOCUMENTS: Exhibit A: Contract Summary Exhibit B: Project Budget Exhibit C: Location Map Exhibit D: Proposition 7 Ballot Language Exhibit E: Bayfront Phase 3 Project Description Cc: Oscar R. Martinez, Assistant City Manager Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget -616 - K:Engineering DataExchangelLyndalStreets12008 Bond lssuelBayfront Phase 31Destination Bayfront\Design\Exec summary.doex CONTRACT SUMMARY FOR ARCHITECTURUAL SERVICES DESTINATION BAYFRONT AGREEMENT made as of the 13t1' day of December in the year 2011. BETWEEN the Architect's client identified as the Owner: City of Corpus Christi, a Texas Home -Rule Municipal Corporation 1201 Leopard St. Corpus Christi, TX 78401 Mailing Address: Attn: Director of Engineering Services City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469 and the Architect: Hargraeves Associates, Inc. 398 Kansas Street San Francisco, California 94103 for the following Project: The Owner and Architect agree as follows. From the PPS "Place Making at Destination Bayfront", the vision for Destination Bayfront is: to be a major destination in Corpus Christi, a gathering place for the people of the City that combines beach, park, cultural and event activities in a unique multi -use, active and inclusive place. Destination Bayfront is the area along Shoreline Boulevard that extends from Furman Avenue on the south to Coopers Alley and the Art Center on the north. It is envisioned as a place that is both quiet and restful and also one that provides for a variety of recreational, cultural, educational, social and Veterans' activities. It will be an important new public space for the City where people come together in an environment that is inclusive, comfortable, and easily accessible from the Downtown and adjacent neighborhoods. It will be well managed and include the types of uses and programs that will help make it economically sustainable. Destination Bayfront will have a series of smaller places within it that will attract people at different times of day, week and year. These places include three "squares" that will be the driving force of the site: Gateway Square, the gateway to Destination Bayfront from the south and the main entrance and drop off area for McGee Beach; the Zocalo, the "central square" located on the site of the former Memorial Coliseum extending across the former North Shoreline Boulevard over the existing jetty; and the Square of Arts and Culture that will provide a stronger presence and identity for the Art Center and a place for programs and events related both to the Art Center and the Veterans Memorial: Sherrill Park will wrap around the Square of Arts and Culture and will be a major destination related to remembrance, health, wellness and education. Other important places include: McGee Beach and McCaughan Park; the Shoreline Promenade located in the space formerly occupied by North Shoreline Boulevard; Park Avenue Pier adjacent to the Zocalo which will extend over the existing breakwater; the Bayfront Water Recreation and Education Area between the existing T -head and the. proposed Pier; a modern day "pleasure garden" reminiscent of Corpus Christi's historic character, referred to here as the "Old Town Pleasure Garden "; flexible Festival Spaces for various sizes of temporary events; and the areas on both sides of Shoreline Boulevard which will create a strong connection between Destination Bayfront and the adjacent neighborhoods. AIA Document B101TM - 2007 (formerly B151TM - I997). Copyright ® 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA 1 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction ordistributioti of this AIA® Document, or any, portion of it, may result in severe civil and criminal penalties, and will he prosecuted to the maximum extent possible under the law. This document is not an original AIA® Contract Document, but a template pracc�di�y AIA.® Contract Documents software for producing a customized Document. ii!! 1 Several important themes emerged from the Placemaking process thus far for transforming the site along the Bayfront into a major destination in Corpus Christi and beyond. In conjunction with specific program and design ideas generated in the workshops, these themes are intended to serve as the basis for the program of uses outlined in the Placemaking at Destination Bayfront report. • There should be a strong connection between the Downtown and the Bayfront. • The site will attract a broad range of Corpus Christi residents and visitors including a variety of age, ethnic and income groups. • Amenities and infrastructure should support activities of varying sizes. • Provision should be made for infrastructure to accommodate both large events • Additional opportunities to use the water for recreation should be developed. • A strategy for the ongoing economic sustainability of the site should be developed and the overall management should be a key ingredient in this strategy. ALA Document B10ITM- 2007 (formerly BI5111M- 1997). Copyright ® 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA ® Document is protected by U.S, Copyright Law and International Treaties, Unauthorized reproduction or distribution of this MAO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document is not an original MAO Contract Document, but a template pLqcticid8 ATA® Contract Documents software for producing a customized Document. 2 Corpus Christi Destination Bayfront Fee Summary CONCEPT DESIGN TASKS COST Task A Site Analyses and Programing A -1 Data Collection / Site Analyses (Kickoff Meetings) $ 39,960.00 A -2 Shoreline Drive Coordination 8,660.00 A -3 South Central Development Plan Coordination 6,260.00 A -4 Programming Validation 31,780.00 Sub - total: $ 86,660.00 Task B Concept Design and Graphics B-1 Preliminary Concept Design + Draft Graphics (Advisory Group Stakeholders Community Meeting #1) $ 137,440.00 B -2 Order of Magnitude Cost / Potential Phasing Concept Options 15,050.00 B -3 Final Concept Design + Final Graphics 171,400.00 8-4 Order of Magnitude Cost / Potential Phasing Final Concept 16,790.00 Sub- total: $ 340,680.00 Task C Supplementary Plans - Concept Design C -1 Economic Opportunities Analysis $ 17,780.00 C -2 Ballpark 0 & M Budgets for Options and Final Concept • 12,100.00 C -3 Park Naming Plan 5,100.00 C -4 Revenue Plan based on Concept Design 20,926.00 C -5 Capital Funding Plan based on Concept Design 19,350.00 C -6 Review / Input to Programming and Concept Design Options 21,800.00 C -7 Meetings / Team Coordination 8,730.00 Sub- total: $ 105,786.00 Task D Sub- Consultant Management Fee $ 12 700.00 Basic Services Total: $ 545,826.00 itemized Additional Services #1 Base Map Preparation / Surveying TBD #2 Physical Model a 1" = 40' (Not Authorized at this time) 40,500.00 #3 Additional Trip / Client Group Meeting (time only, see reimbursables below TBD #4 Additional Community Meeting (time only, see reimbursables below) TBD #5 Additional Rendering TBD #6 Master Plan of Adjacent Sites TBD Additional Services Total: $ 40,500.00 Reimbursable Expense Estimate Reimbursable General Estimate - all Consultants 4% Total Fee Team Fee Total Print, Copy Tele, FedEx, Misc, Regional Travel 4% $ 533,126.00 $ 21,325.00 Reimbursable Travel Estimate - Non -Local Consultants Person Trips $ / Person Trip Total Hargreaves Associates (3 people typical per trip) 11 1,750.00 $ 19,250.00 HR &A (1 person typical per trip) 3 1,750.00 5,250.00 ETM (1 Person typical per trip) 1 1,750.00 1,750.00 Lake Flato (2 people typical per trip) 6 500.00 3,000.00 TOTAL TRAVEL: $ 29,250.00 Total Not -to- Exceed General +Travel Reimbursement Budget: $ 50,575.00 Total Concept Design Amount for Basic and Additional Services + Reimbursable Estimates: $ 636,901.00 -619- Corpus Christi Destination Bavfront Fee Summary ontract Value or Master implementation and Phasing Plan Phase (Concept and Schematic Design Tasks): $ 1,315,137.50 -620- SCHEMATIC DESIGN TASKS Cost Task E Schematic Design Tasks 5O% Schematic Design E -1 Design Development/ Illustrative Graphics $ 204,416.00 Advisory Group/ Stakeholder/ Community Meetings # 3 E -2 50% Schematic Design Cost Estimate 25,738.00 100% Schematic Design E -3 CAD Document Set / Technical Memos 227,396.00 Advisory Group/ Stakeholder/ Community Meetings # 4 E -4 100% Schematic Design Cost Estimate 31,600.00 Sub - Total: $ 489,150.00 Task F Supplementary Plans - Schematic Design F -1 Sustainable Opportunities Plan $ 31,100.00_ F -2 Programming Plan 27,500.00 F -3 Master Implementation and Phasing Plan 14,100.00 F -4 Refined Capital Funding Plan based on SD 9,390.00 F -5 Refined Revenue Plan based on SD 9,200.00 F -6 Operations and Maintenance Budget 17,970.00 F -7 Goverance / Organizational Plan 20,340.00 F -8 Meetings /Team Coordination 3,500.00 Sub- Total: $ 133,100.00 Task G Sub - Consultant Management Fee $ 15,096.50 Basic Services Total: $ 637,346.50 Reimbursable Expense Estimate Reimbursable General Estimate - all Consultants 4% Total Fee Team Fee Total Print, CopyTele, FedEx, Misc, Regional Travel 4% $ 622,250.00 $ 24,890.00 Reimbursable Travel Estimate - Non -Local Consultants Person Trips $ / Person Trip Total Hargreaves Associates (3 people typical per trip) 6 1,750.00 $ 10,500.00 HR&A (1 person typical per trip) . 0 1,750.00 - ETM (1 Person typical per trip) 2 1,750.00 3,500.00- Lake Flato (2 people typical per trip) 4 500.00 2,000.00 TOTAL TRAVEL: $ 16,000.00 Total Not -to- Exceed General + Travel Reimbursement Budget: $ 40,890.00_ Total Schematic Design Amount for Basic Services + Reimbursable Estimates: $ 678,236.50 ontract Value or Master implementation and Phasing Plan Phase (Concept and Schematic Design Tasks): $ 1,315,137.50 -620- DESTINATION BAYFRONT - - HARGREAVES TEAM SCHEDULE PROJECT KICKOFF, SITE 2011 Nov Dec 2012 Jan - Feb March AprlI May June July Aug Sept Oct ANALYSIS,: PROGRAMMING, OFF.BITE STUDIES... Site Analysis & Programming Kick-off Meeting with Client Group Preliminary Economic Study Economic Reconaissance Meetings Focus Group 1 Civic Leaders Meeting Shoreline Drive Coordination and Input South Cenral Development Plan Coordination and Input - ...... - .. - .. Nov Dec �J ?''" 1,,G': J. Kick -Off tl Economic g Wigs Reconalassance (HR&A) Economk Study -Summary Presentation lHR&AI CONCEPT DESIGN liENTIRE.PARK).. - Preliminary Concept Design Order of Magntlude Concept Design Casts (by potential phase) Advisory Group Meeting 111 -Concept Options Community WOAwhop fit • Concept Options. - Preliminary Data Gathering - Local O&M Issues and Costs 1 week Clent Review end Approval Final Concept Design Graphics/ Supplementary Plan Coordination Order of Magnitude Concept Design Cost (by patential phase) Draft Phasing Strategies Advisory Group Meeting 142 - Final Concept Plan Community Workshop AT - Final Concept Plan Park Naming Strategy Draft Revenue and Capital Funding Strategies Or entire park) Ballpark Operations and Maintenance Budgets (for entire park) 1 week Client Review and Approval - tilar , , 2, . *1 N4dvlsory i Community NO&M Reconaissance -Client Review SWISISEMir - • • Group Meeting Workshop (ETM) and App •,I t1 2v,l,,.r H I11 oval to Team J* ®Advisory ECommun otentla Client Review - Group Meetleg ty Workshop Public Involvement and App N2 s2 Phase oval - - DESTINATION BAYFRONT HARGREAV ES -TEAM - DRAFT SCHEDULE 11/0112011 - SCHEMATICDESIGN (ENTIRE PARK) 50% Schematic Design -Illustrative Materials 50% Schematic Design Development /!Austral -Ne Graphics 50% Bchemauc Design Cost Estimate Advisory Group Meeting 1/3 Community Workably 03 1 week Client Review and Approval 1 00% Schematic Design - Technical Materials 100% Schematic Design CAD Drawings 100% Schematic Design Cost Estimate Advisory Group Meeting 04 Community Workshop 04 SustainabilityOpportunities Plan Draft Sustainable Opportunlies Plan Client Advisory Group Review Final Sustainable Oppudunitles Plan Programming Plan - Draft Programmhrg Plan Client Advisory Group Review Final Programming Plan Mester implementation and Phasing Plan Draft Review Period Final Implementation and Phasing Plan Capital Funding Plan Client Review Final Capital Funding Plan (by phases) Revenue Plan Client Advisory Group Review Final Revenue Plan (by Phases) Operations and Maintenance Budget Client Advisory Group Review Final Operations and Maintenance Budget (by Phases) Governance/ Organizational Plan Client Advisory Group Review Final Governance/ Organizational Plan 1 week Client Review and Approval 2011 Nov 2012 Dec Jan 8. Feb March April May June 2012 July Aug Sept Oct Nov Dec isws 10 bo 10 wke 10 wks 90 Ow 2 ®Advlaory Croup Near? 113 ®Common ly Workshop R3 client Review and Approval INIONIMIEMer .Cl ant Review and Approval PROJECT BUDGET Bayfront Development Plan Phase 3 Project No. 6511 August 23, 2011 FUNDS AVAILABLE: Bond 08 Proposition Seven $13,000,000 Shoreline Road Realignment Utility Portion (2012 CIP) $1,984,000 TOTAL $14,984,000 FUNDS REQUIRED: Shoreline Road Realignment Construction (estimated) $6,125,114 Road Construction Contingencies (10 %) $612,511 Future NB Pavement Demolition, Right -of -way Requirements $800,000 Design Fees: HDR - Shoreline Road Realignment Design $1,168,976 Geotechnical and Construction Materials Testing Services (Rock Engineering) $137,815 Hargreaves Associates (Concept and Schematic Design) $1,315,138 Reimbursements: $760,500 TOTAL $10,920,054 ESTIMATED PROJECT BUDGET BALANCE $4,063,946 File : \Mproject\councilexhibits ` exh6511.dwg PROJECT No. 6511 VICINITY MAP NOT TO SCALE CORPUS S C3{3t,£S27 BAY EXHIBIT "C" Bayfront Development Master Plan, Phase 3 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 02/06/2009 — — City of Corpus Christi Ballot Language for Bond Issue 2008 PROPOSITION 7 BAYFRONT MASTER PLAN PROJECT Shall the City Council of the City of Corpus Christi Texas be authorized to issue in accordance with law at the time of issuance the public securities of the City in one or more series or issues in the aggregate principal amount of $93,000,000 with the public securities of each such series or issues respectively to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates as shall be determined within the discretion of the City Council for the acquisition of land and the construction of permanent public improvements for the Bayfront Development Plan including without limitation constructing, reconstructing, restructuring and extending the streets, thoroughfares, sidewalks, streetscapes, collectors, and storm drains along Shoreline Drive, developing parks and recreational facilities along Shoreline Drive, and related public improvements INCLUDING BAYFRONT DEVELOPMENT PLAN PHASE 3, AND OTHER BAYFRONT IMPROVEMENTS; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay the annual interest on said public securities and provide a sinking fund to pay the public securities at maturity. Exhibit D Page 1 of 1 BOND 2008 RECOMMENDED BAYFRONT MASTER PLAN PROJECT PROPOSITION SEVEN: SEQ # PROJECT VALUE 59 Bayfront Development Plan Phase 3 $ 13,000,000 The Bayfront Implementation Plan provides for the relocation of traffic lanes inland away from the water. The realignment will begin near Coopers Alley and continue south until they merge back to the current Shoreline alignment south of McGee Beach in the vicinity of Furman and Buford. The realignment will reduce the number of traffic lanes from the current three lanes in each direction to two lanes in each direction. This phase of work provides a Iarge pedestrian area (Bayshore Park) strongly connected to the water, McGee Beach and the Coopers Alley L -Head. The realignment could include: Improved access to water features such as the Seawall steps, beach and marina without crossing multiple lanes of traffic; A Iarge public space for community events, concerts, festivals and other special events; Public amenities and the necessary utility connections and lighting to support such events. TOTAL PROPOSITION SEVEN - BAYFRONT MASTER PLAN PACKAGE: $ 13,000,000 EXHIBIT E is n,a,_ Page 1 of 1 45 AGENDA MEMORANDUM for the City Council Meeting of December 6, 2011 DATE: TO: FROM: December 6, 2011 Ronald L. Olson, City Manager Pete Anaya, P.E. Director of Engineering Service petean @cctexas.com, (361)826 -3781 UPDATE TO CITY COUNCIL — Las Colonias Area Drainage Improvements STAFF PRESENTER(S): Name 1. Pete Anaya, P.E. 2. Dan Biles, P.E. 3. Natasha Fudge, P.E. OUTSIDE PRESENTER(S): Name 1. 2. 3. BACKGROUND: Title /Position Director Asst. Director Major Projects Engineer Title /Position Department Engineering Services Engineering Services Engineering Services Organization This is an update to City Council on the proposed drainage improvement projects, including the La Voila Creek and Oso Drainage Basin projects to alleviate flooding conditions in the Las Colonias area. LIST OF SUPPORTING DOCUMENTS: (E.g. PowerPoint, report) PowerPoint Presentation Approvals: Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager Ci .of Corpus Christi Las Colonias Area rainage Improvement Update Counc 'resentation y_. iecem ber 6, 2 11 fI b / ,lad r, r e nl I n fixe 11 n .. , n n d STORM ATE p y= IIfNAf/'nom'-r"C4'nfk iT'�4?3F .i+'Ftp Afi�f@r±4Y;, 4 City of .Corpus EF .= Christi Project Area aelgalv • 0, ,0141,11. RM WATEK. Cows >.•Christi Project Scope La Voila Creek Drainage Charnel Excavation , { or h t f J Legend A9 SarzoR Pr,tras Tran;tts :s ryrauira1 d 0,?.cY CI -Larne! Sun+ay Co.riorS3p vox �:B.A A•.i tbr Notes: -The entire survey corridor was comprised of Upland Vegetation Community A. Upland Determination Overview Survey Area 1: 28.4 Ac Survey Corridor City of Corpus Christi - La Vo16a Crook Nueces County. Texas n67te�' -Prr_p7 j r+r•.ase Cr i rnrnpn73. 2:..11 1.9444 _-Baso mnp 5.-711211:e: ter %JHSS. -Fog pannin•_ purra523 ai'H. n•:,t 5:r cc na nr_o-nn- 0 200 400 800 Feet � r^�',�;:�•�..w:�nrSSE?P.Sti':i�'a�';ie:3��1���'�s��'.�?Fi9f�ri"ws Wetland investigation �; i /I 1 1+ r 8 V 11 Logan(' A— -- Ar nine xai CVO., f},.-n-ne. a- La'J:rk4 Ciwr • VagotSROr Cam rnuride, U atnl'An.nn:;n Cnna n4ri • < 4`airfd Art :skri:n Ca.-rrrer.::,i {, ;hppw . r Acy APpreximated Creek . Cfiapr oI Ccrinn ,(L7sed,loBntCresta Sorry Area Corridor): HaN� Pri,Nr>:3 ay Eleare En won menrs..t; F., tiovemrx Y 201 (sr, Hi• -Sasersap_-P-ng.ryotcvr-.1 f.DrITNR18. ht:..*:es L0'Jnr 4 =rj • F?rR??r-nia•?cJr- „as ony.nos %•EINE=EiNg=iimEmagEffilil Feel -:,ns,,rdtnn ., r 0 250 500 4.000 >w: Upland DetJ3rmination! Vegetation Communities Overview Map Survey Area 2: 55.3 Ac Survey Corridor City as' Carpus Christi - La Voila Crook Nuec s County. Texas WetPan Investg tion Y'' ) lL r1 a P 4 l IS ORM WATER i� .hi � Pi.'j�- ;^Irdi .ym •r�;e,ar.�ryor.� If~ 'I rt�'kd�'�"i";rre 6E7.,,7,'7tt-,!,�� x r. Oso Creek Basin Drainage Relief + v n'kee i. nxPu+ I s1+o �.r+am�.,+:r EE V: