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Agenda Packet City Council - 01/10/2012
l n g m� a° c a s c m' k Gy. m z 1 ffE m J 9 6 `9 P L G P. _ G< 11:45 A.M. - Proclamation declaring the Year of 2012 as "International Year of the Cooperatives" Swearing-in ceremony of newly appointed board, commission and committee members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL- COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JANUARY 10, 2012 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 tree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Pastor David Lewis, Bayshore Bible 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 Chris N. Adler Council Members: Larry Elizondo, Sr. City Manager Ronald L. Olson Priscilla Leal City Attorney Carlos Valdez David Loeb City Secretary Armando Chapa John Marez Nelda Martinez Mark Scott j Agenda Regular Council Meeting January 10, 2012 Page 2 I E. MINUTES: 1. Approval of Regular Meeting of December 13, 2011. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment# 2) 2. * Retired and Senior Volunteer Program Advisory Committee * Transportation Advisory Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method .of adoption from the one j 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 MOTION5. RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 3. Appropriation of funds for unclaimed monies from the Police Property Room Second Reading Ordinance - Appropriating $15,62B.25 from abandoned/unclaimed monies from the Police Property Room, changing the i=Y2011-2012 Operating Budget adopted by i Agenda Regular Council Meeting January 10, 2012 Page 3 Ordinance No. 029155 by increasing revenue and expenditures in the General Fund No. 1020 by $15,628.25 each. (First 1 Reading 12113171) (Attachment # 3) I. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. • Executive session pursuant .to Section 551.087 of the Texas Government Code to deliberate regarding confidential commercial or financial information received from a business prospect that the City Council seeks to have locate, stay or expand within the City and with which the City is conducting economic development negotiations and to deliberate possible offers of financial or other incentives to said business prospect. 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. Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding Cause No. 8-1.1-6088CV-B styled City of Ingleside, Texas vs. City of Corpus 'Christi, Texas presently pending in the 155th District Court of San Patricio County. J. PUBLIC HEARINGS: ZONING CASES: 4. Zoning change for property located at 3813 County Road 69 from commercial to residential Zoning Case No. 1011-02 Mosta hasi Investment Trust: A change of zoning from the `CN-1" Neighborhood Commercial District to the "RS-6° Single-family 6 District, resulting in a change of future land use from a commercial use to a low Agenda Regular Council Meeting January 10, 2012 Page 4 density residential use. The property to be rezoned is 7.297 acres, out of the east half of Lot 1, Block 2, Nueces River Irrigation Park, located south of.Northwest Boulevard (F.M. 624) and west of County Road 69. (Attachment # 4) Planning Commission_and Staff's Recommendation: Approval of the change of zoning to the "RS-6" Single-family 6 District. ORDINANCE Amending the Unified Development Code (UDC), upon application by owner, Mostaghasi Investment Trust, by changing the UDC zoning map in reference to 7.297 acres out of the east half of Lot 1 , Block 2, Nueces River Irrigation Park, from the "CN-1" Neighborhood Commercial District to the "RS-6" Single- family 6 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. 5. Zoning change for property located at 10355 Up River Road without a change of future land use Zoning Case No. 1011-03 Elbas Land Development Ltd.: A change of zoning from the "RS-6" Single-family 6 District to the "RS-4.5" Single-family 4.5 District without a change of future land use. The property to be rezoned is Assessors Map 138-A, Block 138-A, 8.51 acres of Lot 1 and Assessors Map .138-A, Block 138-A, 9.24 acres out of Lot 1, south of the intersection of Up River Road and Wood Creek Drive. (Attachment#5) Planning Commission and Staff's Recommendation: Approval of the . change of zoning to the "RS-4.5" Single-family 4.5 District. ORDINANCE Amending the Unified Development Code (UDC), upon application by owner, Elbas Land Development, Ltd., by changing the UDC zoning map in reference to property legally described as Assessors Map 138-A, Block 138-A, 8.51 acres of Lot 1 and Assessors Map 138-A, Block 138-A, 9.24 acres of Lot 1, from the "RS-6" Single-family 6 District to the "RS-4.5" Single- family 4.5 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 January 10, 2012 Page 5 ADOPTION OF TECHNICAL CODES AND PROPOSED AMENDMENTS 6. Code amendment adopting technical construction codes and Proposed amendments i Public Hearing and Second Reading Ordinance -- Amending Chapter 14 of the Code of Ordinances, City of Corpus Christi, by repealing Article 11, City of Corpus Christi Technical Construction Codes and adopting new Article 11, 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. (First Reading 12/6/11) (Attachment #6) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: i 7. Discussion and consideration of appointment of a new Council Member. (Attachment# 7) 8. Purchase of Police Sedans Motion approving .the purchase of thirty-one (31) police package sedans from Philpott Motors, of Nederland, Texas, in the amount of $697,101.75. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. These units are replacements to the fleet and will be used by the Police Department and Crime Control. Funding is available in the FY2011-2012 Capital Outlay Budget of the Fleet Maintenance Fund and the Crime Control District Budget. (Attachment # 8) 9. Approval-of an interlocal cooAeration agreement with the City of Portland for disposal of household hazardous waste Resolution approving an Interlocal Cooperation Agreement with the City of Portland for the disposal of household hazardous waste at the J.C. Elliott Transfer Station for an initial term of one Agenda Regular Council Meeting January 10, 2012 Page 6 year, with up to 19 additional one-year renewal periods; and authorizing execution of the agreement by the City Manager or designee. (Attachment # 9) 10. Professional services contract for drainage analysis of La Voila Creek Motion authorizing the City Manager or designee .to execute a. Contract for Professional Services with Urban Engineering, of Corpus Christi, Texas, in the amount of $138,000 for La Voila Creek Drainage Channel Excavation. (Attachment # 10) 11. Professional services contract to provide drainage solutions in 'I Oso Creek Basin Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Naismith Engineering, Inc., of Corpus Christi, Texas, in the amount of $667,690 for Oso Creek Basin Drainage Relief. (Attachment # 11) 12. Construction contract for Staples Street Phase 1 and 2 from Saratoga to Williams a. Motion authorizing the City Manager or designee to execute a Construction contract with Bay, Ltd., of Corpus Christi, Texas in the amount of$15,081,495.80 for Staples Street Phase 1 and 2 from Saratoga to Williams for the Base Bid and Additive Alternates 1, 2, 3, 4, 5, 6 and 7. (BOND 2008) (Attachment # 12) b. Motion authorizing the City Manager or designee to execute a Professional Engineering Materials Inspection and Testing Contract with Rock Engineering and Testing Laboratory, Inc., of Corpus Christi, Texas in the amount of $177,441 for Staples Street Phase 1 and 2 from Saratoga to Williams. (BOND 2008) (Attachment # 12) c. Motion authorizing the City Manager or designee to execute a Construction Management/]nspection Services Contract to R. H. Shackelford, Inc., of Corpus Christi, Texas in an amount not to exceed $296,865 for Staples Street Phase 1 and 2 from Saratoga to Williams. (BOND 2008) (Attachment # 12) i Agenda Regular Council Meeting January 10, 2012 Page 7 L. FIRST READING ORDINANCES: 13. Appropriation for police equipment First Reading Ordinance — Appropriating $100,000 from the unreserved fund balance in the No. 9010 Crime Control District Fund for "one-time" expenditures in the FY2011-2012 Operating Budget and changing the FY2011-2012 Operating Budget adopted by Ordinance No. 029155 by increasing appropriations by $100,000. (Attachment # 13) 14. Approval to abandon and vacate two utility easements for expansion of H.E.B. Grocery Store (4320 South Alameda) a. First Reading Ordinance - Abandoning and vacating a 342- square foot portion (0.007 acres) of a 10-foot wide utility easement out of Alameda Center, Unit 3, Lot 1, located south of Robert Drive and west of Delano Drive; requiring the owner, HEB Grocery Company, LP, to comply with the specified conditions. (Attachment # 14) b. First Reading Ordinance - Abandoning and vacating a 469- square foot portion (0.010 acres) of a 10-foot wide utility easement out of Alameda Center, Unit 3, Lot 1, located south of Robert Drive and west of Delano Drive; requiring the owner HEB Grocery Company, LP, to comply with the specified conditions. (Attachment # 14) 15. Approval to abandon and vacate four utility easements for expansion of H.E.B. Grocery Store (4320 South Alameda a. First Reading Ordinance - Abandoning and vacating a 658- square foot portion (0.015 acres) of a 5-foot wide utility easement out of Alameda Estates, Block 2, Lot 3, located south of Robert Drive and west of Delano Drive; requiring the owner, HEB Grocery Company, LP, to comply with the specified conditions. (Attachment# 15) b. First Reading Ordinance - Abandoning and vacating a 1,450- square foot portion (0.033 acres) of a 10-foot wide aerial electrical easement out of Alameda Estates, Block 2, Lot 3, located south of Robert Drive and. west of Delano Drive; requiring the owner HEB Grocery Company, LP, to comply with the specified conditions. (Attachment # 15) Agenda ' Regular Council Meeting January 10, 2012 Page 8 c. First Reading Ordinance - Abandoning and vacating a 1,699- square foot portion (0-039 acres) of a 5-foot wide utility easement out of Alameda Estates, Block 2, Lots 7A, 7C, 7D and 7E, located south of Robert Drive and west of Delano Drive; requiring the owner, HEB Grocery Company, LP, to comply with the specified conditions. (Attachment# 15) i d. First Reading Ordinance - Abandoning and vacating a 2,144- square foot portion (0-049 acres) of a 10-foot wide gas easement out of Alameda Estates, Block 2, Lots 7E and 7F, and an unplatted tract of land (known as ".Lot I" in the Nueces County Appraisal District Records), located south of Robert Drive and west of Delano Drive; requiring the owner, HEB Grocery Company, LP, to comply with the specified conditions. (Attachment # 15) 16. Approval to abandon and vacate_a utility easement at 4331 S. . Padre Island Drive First Reading Ordinance - Abandoning and vacating a 3,397.68- square foot portion (0.078 acres) of an existing utility easement out of Block 2-A, Lot J, Byron Willis Subdivision; requiring owner, Vishal Hotel, LP to comply with the specified conditions. (Attachment # 16) 17. Reguest for exemption of wastewater acreage fees for property located south of FM 2444 and Oso Creek First Reading Ordinance - Exempting The Coves at Lago Vista, Unit 3, Block 2, Lots 21 and 22 from the payment of wastewater lot and acreage fees pursuant to Section 8.5.2.G.1 of the Unified Development Code; and requiring the Developer/Owner to comply with the specified conditions. (Attachment # 17) 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: 18. Lease of equipment to maintain beach and beach roadways Motion approving a supply agreement with Doggett Machinery, of Corpus Christi, Texas, for the lease of three wheel loaders in accordance with Bid Invitation No. BI-0049-12, based on only Agenda Regular Council Meeting i January 10, 2012 Page 9 f j bid, for an estimated twenty-seven month expenditure of $331 ,209, of which $73,602 is budgeted for FY2011-2012. 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. (Attachment # 18) 19. Purchase of specialized equipment for Homeland Security purposes Motion authorizing the purchase of specialized equipment for a total amount of $64,415.17 utilizing funds from the 2009 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund 1062. (Attachment# 19) 20. Purchase of specialized equipment for _Homeland_ Security purposes a. Motion authorizing the City Manager or designee to accept a sub-grant in the amount of $95,299 from the Department of Homeland Security FEMA for funding eligible under the 2010 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department. (Attachment # 20) b. Ordinance appropriating $95,299 in the No. 1061 Police Grants fund from the Department of Homeland Security FEMA for funding eligible under the 2010 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department. (Attachment# 20) 21. Professional services contract to improve Brawner Parkway drainage Motion authorizing the City Manager or designee to execute Amendment No. 6 to the Contract for Professional Services with LNV Engineering, of Corpus Christi, Texas, in the amount of $758,964 for a total restated fee of $2,877,767 for the Brawner Parkway Channel Improvements associated with the Staples Street Improvements as follows: (BOND 2008) (Attachment # 21) • Phase 1 from Brawner Parkway to Barracuda Place • Phase 2 from Barracuda Place to Gollihar -� Agenda Regular Council Meeting January 10, 2012 Page 10 22. Approval of change order additional ADA imn grovernents and project over runs Motion authorizing the City Manager or designee to execute Change Order No. 3 with Ti-Zack Concrete, Inc., of Le Center, Minnesota in the amount of $277,159.23 for the Americans with Disabilities Act (ADA) Improvements Group 1 project for additional construction for ADA compliance and project over runs on quantities. (BOND 2008) (Attachment # 22) 23. Aqproval to issue Public Pro eLt Finance Contractual Obliciations for energy efficiency and conservation projects a. Motion authorizing the appointment of M. E. Allison & Co., Inc. as Financial Advisor for the City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series 2012. (Attachment # 23) b. Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series 2012" in an amount not to exceed $8,000,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the contractual obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the contractual obligations; authorizing the execution of a Paying Agent/Registrar Agreement and a Purchase and Investment Letter; complying with the requirements imposed by the Letter of Representations previously executed with the Depository Trust Company; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the contractual obligations; and providing an effective date. (Attachment # 23) c. Ordinance appropriating $60,000 from the Unreserved Fund Balance in the No. 2010 Debt Service Fund for the Fiscal Year 2011-201 2 debt payment related to the Public Property Finance Contractual Obligations; and changing the FY 2011- 2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $60,000. (Attachment # 23) I Agenda Regular Council Meeting January 10,2012 iPage 11 24. . Award of contract to manage a City energy efficient program a. Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 adding Project #1111102 Energy Efficiency Conservation Retrofit for Major City Facilities; increasing revenues and expenditures in the amount of$7,300,000.00. (Attachment # 24) !, b. Motion authorizing the City Manager, or designee, to execute a Fixed Price Energy Performance Contract (Design/Build) with McKinstry Essention, Inc. of Dallas, Texas, for Energy Efficiency Conservation Retrofit for Major City Facilities in an amount not to exceed $6,950,000.00 (Project No. E11102). (Attachment # 24) FUTURE PUBLIC HEARINGS: 25. Zoning change for property located at 2217 Flour Bluff, Drive from residential to industrial Zoning Case No. 0711-02, S^gifredo Montema+yor: A change of zoning from the "RS-6" Single-family 6 District to the "IL" Light Industrial District, resulting in a change of future land use. The property to be rezoned is Flour Heights, Block 1, Lot 22, located between Purdue Road and Division Road along the east side of Flour Bluff Drive. (Attachment# 25) Planning Commission and .Staff's Recommendation: Denial of the "1L" Light Industrial District, in lieu thereof, approval of the "CG-2" General Commercial District with a Special Permit Based on a site plan and (8) conditions. UPDATES TO CITY COUNCIL: 26. Amendments to Metal Recycling Ordinance (Attachment # 26) 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 -I Agenda Regular Council Meeting January 10, 2012 Page 12 I 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 1S NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. 0. CITY MANAGER'S COMMENTS: * Update on City Operations * Budget Process * Status of Police Chief Hiring * Selection of Finance Director and Human Resources Director P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletiq poard at the front entrance to City Hall, 1201 Leopard Street, at p.m., on January b, 2012. 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. I! 1 ` 1 I MINUTES City of Corpus Christi, Texas Regular Council Meeting December 13, 2011 - 12:00 p.m. Present: Mayor Joe Adame Council Members: City Staff: Chris N. Adler City Manager Ronald L. Olson Larry Elizondo, Sr. City Attorney Carlos Valdez. Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott Mayor Joe Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Mayor Joe Adame and the Pledge of Allegiance to the United States Flag was led by Council Member Kevin Kieschnick. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required Charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the Regular Council meeting of December 6, 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: Advisory Committee on Commu_n_ity Pride J. Kyle Davidson, Reappointed Elisa Macias, Reappointed Stefany Tegeler Schade, New Appointment Jason Haviland, New Appointment Corpus Christi Aquifer Storage and Recovery Conservation District Gustavo Gonzalez, Reappointed Oscar Martinez, Reappointed Corpus Christi Regional Economic Development Corporation Sam Beecroft (City), Reappointed Electrical Advisory Committee Jared Merdes (Registered Engineer), Reappointed David Schury (Commercial Builder), Reappointed —1— i 1 Minutes - Regular Council Meeting j December 13, 2011 Page 2 Marina Advisory Committee Dan Leyendecker (Engineer), Reappointed John Adams (Environmentalist), Reappointed Robert Cagle, Reappointed Curt Broomfield, Reappointed Ron Behnke; New Appointment Watershore and Beach Advisory Committee Cameron Perry (Engineer), Reappointed Jake Herring (Environmentalist), Reappointed Neil McQueen, Reappointed Jay Gardner, Reappointed Corbett Pool, New Appointment Mayor Adame deviated from the agenda and referred to Item No. 32. Mr. David Mendez, Bickerstaff Delgado Heath Acosta, LLP stated that they have developed an Illustrative Plan that will demonstrate to the community the reallocation of the population among the council member districts in accordance with the guidelines adopted by the council. He stated that based on 2010 census data, the council member districts are 21.47% out of balance. He referred to a table that outlined the specific changes in each council member district. Mr. Mendez stated he is recommending a public hearing on January 5, 2012 to be held jointly between the City of Corpus Christi and Del Mar College so that the community can examine the City Council and Del Mar College maps. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 32.a. MOTION NO. M2011-291 Motion designating a Draft Redistricting Plan for the City of Corpus Christi as an Illustrative Plan to be proposed for public consideration and comment. The foregoing motion was passed and approved with the following vote: . Adame, Adler; Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 32.b. RESOLUTION NO. 029338 Resolution designating a Redistricting Illustrative Plan for public hearing and establishing a public hearing date. The foregoing resolution was passed and approved with the following vote: Adame,Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". CONSENT AGENDA Mayor Adame called for consideration of the Consent Agenda (Items 3 - 30). Council members requested that items 4, 24 and 29 be pulled for individual consideration. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: -2- I Minutes -Regular Council Meeting December 13, 2011 Page 3 f 3. MOTION NO. M2011-269 i 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 j 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. I The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 5. MOTION NO. M2011-271 J 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. i The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 6. MOTION NO. 2011-272 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 7. MOTION NO. 2011-273 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". _g_ Minutes - Regular Council Meeting December 13, 2011 Page 4 8. MOTION NO. 2011-274 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. BI-0092- 11, based on lowest responsible bid, for an estimated three-year expenditure of 1 $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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 9. MOTION NO. 2011-275 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 designee. Funds have been budgeted by the Water Department in FY 2011-2012. Dorome General Repair Pang Construction Abel's Paving & Construction Inc. Corpus Christi, Tx Corpus Christi, Tx Corpus Christi, Tx Primary Contractor Secondary Contractor Tertiary Contractor $54,167.40 $49,338.63 $36,426.87 Grand Total: $139,932.90 The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 10.a. ORDINANCE NO. 029305 Ordinance appropriating$22,700.21 in community contributions in the No.4720 Community Enrichment Fund for improvements, and other related projects. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 10.b. MOTION NO. M2011-276 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 -4- i Minutes - Regular Council Meeting December 13, 2011 Page 5 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 11.a. RESOLUTION NO. 029306 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. The foregoing resolution was passed and approved with the following vote: Adame,Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 11.b. ORDINANCE NO. 029307 Ordinance appropriating $62,259 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 12.a. RESOLUTION NO, 029308 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. The foregoing resolution was passed and approved with the following vote: Adame,Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 12.b. ORDINANCE NO. 029309 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- a Minutes - Regular Council Meeting December 13, 2011 Page 6 oriented activities(LETPA)such as planning,organization,training,exercises and purchase needed equipment. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 13.a. RESOLUTION NO. 029310 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. The foregoing resolution was passed and approved with-the following vote: Adame,Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting'"Aye". 13.b. ORDINANCE NO. 029311 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 14.a. RESOLUTION NO. 029312 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 all related documents; and ratifying acceptance of the grant to be effective September 29, 2011. The foregoing resolution was passed and approved with the following vote: Adame,Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 14.b ORDINANCE NO. 029313 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. -6- Minutes - Regular Council Meeting December 13, 2011 Page 7 An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 15.a. RESOLUTION NO. 029314 Resolution authorizing the City Manager or designee to accept a grant of$440,354 from i the Texas Department.of State Health Services to provide for the Women, Infants and I 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. The foregoing resolution was passed and approved with the following vote: Adame,Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 15.b. ORDINANCE NO. 029315 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. An emergency was declared and the foregoing ordinance was passed and approved with. the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye 16.a. RESOLUTION NO. 029316 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 and a $20,000 cash match from the Coastal Bend Bays and Estuaries Program, Inc, and a total project cost of $167,000. The foregoing resolution was passed and approved with the following vote: Adame,Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 16.b. ORDINANCE NO. 029317 Ordinance appropriating $100,000 from the Texas General Land Office Coastal Management Program and $20,000 from the Coastal Bend Bays and Estuaries Program, Inc., 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". I Minutes - Regular Council Meeting December 13, 2011 Page 8 16.c. MOTION NO. M2011-277 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 17.a. MOTION NO, M2011-278 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 17.b. ORDINANCE NO. 029318 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 18. ORDINANCE NO. 029319 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 19. RESOLUTION NO. 029320 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. The foregoing resolution was passed and approved with the following vote: Adame,Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". _g_ i a Minutes - Regular Council Meeting December 13, 2011 .4 Page 9 j 20. RESOLUTION NO. 029321 Resolution affirming the Debt Management Policy for the City of Corpus Christi. The foregoing resolution was passed and approved with the following vote: Adame,Adler, Elizondo; Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 21. MOTION NO. M2011-279 Motion authorizing the City Managerto 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, Biock 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. The foregoing motion was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adame abstained. 22. MOTION NO. M2011-280 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 23. MOTION NO. M2011-281 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting"Aye". 25. ORDINANCE NO. 029323 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. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting «Aye„ -g- I Minutes - Regular Council Meeting December 13, 2011 Page 10 26. ORDINANCE NO. 029324 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 1 and other related projects. s` The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting i "Aye„ E 27. ORDINANCE NO. 029325 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. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick; Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 28. ORDINANCE NO. 029326 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. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting 'Aye„ 30. ORDINANCE NO. 029328 Amending Section 2-79 of the Code of Ordinances by authorizing an interlibrary loan service fee; providing an effective date; and providing for publication. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". The following items were pulled for individual consideration and were voted on separately. There were no comments from the audience. City Secretary Chapa polled the council for their votes as follows: -10- 4 i Minutes - Regular Council Meeting December 13, 2011 Page 11 4. MOTION NO: M20117270 i Motion approving the lease purchase of 6,500 9.5196-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 2011-2012. The award is based on the cooperative purchasing agreementwith 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. i I The foregoing motion was passed and approved with the following vote: Adame; Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 24. ORDINANCE NO. 029322 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. i i The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 29. ORDINANCE NO. 029327 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. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting Aye,,. EXECUTIVE SESSIONS Mayor Adame announced the executive sessions which were listed on the agenda as follows: * Executive session pursuant to Sections 551.071 and 551.072 of the Texas Government Code for legal advice on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act and deliberations regarding the value or lease of real property, with possible discussion and action in open session. * Executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding confidential commercial or financial information received from a Minutes - Regular Council Meeting December 13, 2011 Page 12 business prospect that the City Council seeks to have locate, stay or expand within the City and with which the City is conducting economic development negotiations and to deliberate possible offers of financial or other incentives to said business prospect. The council went into executive session. The council returned from executive session. Mayor Adame announced that no action would be taken on the executive sessions. MayorAdame deviated from the agenda and referred to Item No. 33, Destination Bayfront. Mayor Adame stated that he is abstaining and will not participate in the discussions related to this item. Mr. J.J. Hart, Board Member stated that the master implementation and phasing plan provides the necessary concept and schematic design work to move forward with the project. He added that they plan to develop the business plan which includes raising capital to building the park, revenue to operate the park, and an operating and expense budget for managing the park. Mr. Hart discussed the programming and concept design, schematic design for the park, project team, project roadmap and the project budget. 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: 33. MOTION NO. M2011-292 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 $1,316,137.50 for Destination Bayfront Master Implementation and Phasing Plan to include overall concept and schematic design phase services. i The foregoing motion was passed and approved with the following vote: Adler, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adame abstained; Kieschnick was absent. PUBLIC HEARINGS Mayor Pro Tem Marez referred to Item No. 31. Rudy Garza,Assistant City Manager stated that they are recommending minor amendments to the Unified Development Code ordinances to make them more functional and align them with the development areas. A motion was made, seconded and passed to open the following public hearing. Carolyn Moon spoke in support of the ordinances. Council Member Martinez made a motion to close the public hearing, seconded by Council Member Leal and passed. City Secretary Chapa polled the council for their votes as follows: 31.a. MOTION NO. M2011-282 Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.6. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. -12- i j Minutes - Regular Council Meeting December 13, 2011 Page 13 The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 31.b. ORDINANCE NO. 029329 Amending the Corpus Christi Unified Development Code by adding a new Section 6.6. entitled, "Development Concept and Special Overlay Zoning Districts", relating to the establishment and use of specific development concept overlays and special overlayzoning districts; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye" 31.c. MOTION NO. M201-283 Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.7. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 31.d. ORDINANCE NO. 029330 Amending the Corpus Christi Unified Development Code by adding a new Section 6.7. entitled, "Clustered Development Overlay Zoning District", relating to the use, regulations, and review standards for clustered development; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting „Aye„ 31.e. MOTION NO. M2011-284 Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.8. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". —13— ! e Minutes - Regular Council Meeting December 13, 2011 Page 14 31.f. ORDINANCE NO. 029331 Amending the Corpus Christi Unified Development Code by adding a new Section 6.8. entitled, "Mix Use Overlay District", relating to the use, regulations, and review standards for mixed use development; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective 1 date. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 31.g. MOTION NO. M2011-285 i I Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.11. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. i The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 31.h. ORDINANCE NO. 029332 Amending the Corpus Christi Unified Development Code by adding a new Section 6.11. entitled, "Uptown-Downtown Mixed-Use (MUS) Special Overlay District", relating to the establishment of a mixed-use special overlay district promoting mixed-use development within the uptown and downtown areas of the City; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting .'Aye". 31.i. MOTION NO. M2011-286 Motion to amend priorto second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.12. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". -14- i Minutes - Regular Council Meeting December 13, 2011 Page 15 31J. ORDINANCE NO. 029333 Amending the Corpus Christi. Unified Development Code by adding a new Section 6.12. j entitled, "Target Area Redevelopment Special(TARS)Overlay District", relating to the use, 1 regulations, and review standards promoting infill and redevelopment of designated targeted areas within the City limits; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye„ 31.k. MOTION NO. M2011-287 Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.13. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 31.1. ORDINANCE NO. 029334 Amending the Corpus Christi Unified Development Code by adding a new Section 6.13. entitled, "Streetscape Zone Standards", relating to the use, regulations and review standards for creation of streetscape zones;.amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye,'. 31.m. MOTION NO. M2011-288 Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.14. .as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". -15- Minutes - Regular Council Meeting December 13, 2011 Page 16 31.n. ORDINANCE NO. 028335 Amending the Corpus Christi Unified Development Code by adding a new Section 6.14. entitled, "Alternative Housing Options", relating to the use,regulations and review standards for alternative housing options;amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. ' The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye" 1 31.0. MOTION NO. M2011-289 Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 7.11. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 31.p. ORDINANCE NO. 029336 Amending the Corpus Christi Unified Development Code by adding a new Section 7.11. entitled, "Neighborhood Mixed-Use (NMU) Development Standards", relating to the use, regulations and review standards for residential mixed-use development; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye" 31.q. MOTION NO, M2011-290 Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 7.12. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 31.r. ORDINANCE NO. 029337 Amending the Corpus Christi Unified Development Code by adding a new Section 7.12. entitled, "Adaptive Reuse Development Standards", relating to the use, regulations and Minutes - Regular Council Meeting December 13, 2011 Page 17 review standards for Adaptive Reuse and redevelopment of existing and historical structures; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. The foregoing ordinance was passed and approved on second reading with the following ' vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting 'Ayes, REGULAR AGENDA Mayor Adame referred to Item No. 34. City Manager Olson stated that this item is for the confirmation of the Fire Chief. He added that Mr. Rocha's first day of employment is December J 19, 2011. Mayor Adame asked for comments from the audience. Carlos Torres, President of Corpus Christi Firefighter Association spoke in support of the process and the new Fire Chief. City Secretary Chapa polled the council for their votes as follows: 34. MOTION NO. M2011-293 Motion confirming the City Manager's appointment of Robert Rocha as Fire Chief. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Mayor Adame referred to Item No. 35. Rebecca Huerta, Assistant to the City Manager provided additional information on the automated agenda management system. She stated that the current system operates a paper based manual agenda and that the new system being recommended will automate agenda workflow process. Ms. Huerta added that the new system will allow for improved tracking of agenda items and simplify agenda creation. She pointed out that the advantages of a paperless agenda is the potential use of portable devices for council members to read the agenda with annotating and highlighting features, and timely access to information for council members and the public. She stated that implementation of the portable devices will occur next fiscal year. Ms. Huerta stated that there is a 90 day implementation period starting in.January 2012. Mayor Adame asked for comments from the audience. There were no comments from the j audience. City Secretary Chapa polled the council for their votes as follows: 35.a. ORDINANCE NO. 029339 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". i i , Minutes -Regular Council Meeting December 13, 2011 Page 18 35.b. MOTION NO. M2011-294 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Mayor Adame referred to Item No. 36. Mr. Pete Anaya, Director of Engineering stated this item relates to the sanitary sewer overflows. He added that this is a $6 million project and that the city is budgeting $2 millionper annum over a three year period. 36. MOTION NO. M2011-295 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez, voting "Aye"; Marez and Scott were absent. City Manager Olson stated that Item No. 37 is being removed from the day's agenda and will be brought back to council at a later date. 37. PGST4N)NEE) Motion to autharize the Oity Manager or des gnee to execute a centraet with TFillion , L.L.G., forAviation Business Gensu'tamt Services w0th effeet've date of November 8, , with term of one year with opimens to extend for tip to four additional one year terms, with first yeaf fee not to exeeed $90,000 based on statement ef work. FIRST READING ORDINANCES: Mayor Adame referred to Item No. 38. Pat Eldridge, Police Department this is an annual appropriation of abandoned unclaimed monies from the Police Property Room. The proper notifications under State Law were followed and required notices were sent to the owner and no claims were received, therefore,the unclaimed monies will be used to enhance the police property room. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 38. FIRST READING ORDINANCE First Reading Ordinance - Appropriating $15,628.25 from abandoned/unclaimed monies from the Police Property Room, changing the FY 2011-2012 Operating Budget adopted by —18— Minutes - Regular Council Meeting December 13, 2011 Page 19 Ordinance No. 029165 by increasing revenue and expenditures in the General Fund No. 1020 by $95,628.25 each. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, and Martinez, voting "Aye"; Scott was absent. FUTURE AGENDA ITEMS Mayor Adame referred to the Future Agenda Item section on the agenda. items 39 - 42. Mayor Adame stated that these-items are for informational purposes only and that no action or public comment will be taken at this time. Staff provided a presentation on Item Nos. 39, 40, 41 and 42. 39. Resolution approving an Interlocal Cooperation Agreement with the City of Portland for the disposal of household hazardous waste at the J.C. Elliott Transfer Station for an initial term of one year, with up to 19 additional one-year renewal periods; and authorizing execution of the agreement by the City Manager or designee. 40.a. Motion authorizing the City Manager or designee to execute a Construction contract with Bay, Ltd., of Corpus Christi, Texas in the amount of$15,081,495.80 for Staples Street Phase 1 and 2 from Saratoga to Williams for the Base Bid and Additive Alternates 1, 2, 3, 4, 5, 6 and 7.(BOND ISSUE 2008) 40.b. Motion authorizing the City Manager or designee to execute a Professional Engineering Materials Inspection and Testing Contract with Rock Engineering and Testing Laboratory, Inc., of Corpus Christi, Texas in the amount of$177,441 for Staples Street Phase 1 and 2 from Saratoga to Williams. (BOND ISSUE 2008) 40.c. Motion authorizing the City Manager or designee to execute a Construction Management/inspection Services Contract to R. H. Shackelford, Inc., of Corpus Christi, Texas in an amount not to exceed $296,865 for Staples Street Phase 1 and 2 from Saratoga to Williams. (BOND ISSUE 2008) 41. Zoning Case No. 1011-02, Mostaghasi Investment Trust: A change of zoning from the `CN-1" Neighborhood Commercial District to the "RS-6" Single-family 6 District, resulting in a change of future land use from a commercial use to a low density residential use. The property to be rezoned is 7.297 acres out of the east half of Lot 1, Block 2, Nueces River Irrigation Park, located south of Northwest Boulevard (F.M. 624) and west of County Road 69. 42. Zoning Case No. 1011-03, Elbas Land Development, Ltd.: A change of zoning from the "RS-6° Single-family 6 District to the"RS-4.5" Single-family 4.5 District without a change of future land use. The property to be rezoned is Assessors Map 138-A, Block 138-A, 8.51 acres of Lot 1 and Assessors Map 138-A, Block 138-A, 9.24 acres out of Lot 1, south of the intersection of Up River Road and Wood Creek Drive. —19— i Minutes - Regular Council Meeting g December 13, 2011 Page 20 UPDATES TO CITY COUNCIL Mayor Adame referred to Item No. 43, Update on Regional Water Planning Process. Mr. Gus Gonzalez, Director of Water Operations provided an overview of the regional water planning process. Ms. Carola Serrato, Executive Director of South Texas Water Authority and Co-Chair of the Regional Water Planning Group provided a review of the Regional Water Planning Plan that was submitted in September 2011 including a review of Senate Bill1. Ms. Serrato stated that the State is comprised of 16 regions each led by a regional water planning group. She added that the Coastal Bend is in Region N and includes 11 counties. Mr. Gonzalez provided a summary of the majorwholesale water provide needs,city and wholesale watersupply needs, recommended water management strategies, comparison of water management strategies and other special studies evaluated in 2011 Region N Plan. Mayor Adame referred to Item No. 44, Update on Backflow Prevention Program. Mr. Rudy Garza, Assistant City Manager stated that the backflow prevention program was established as a result of a TCEQ Agreed Order in 1998 and that the program is being administered within the Development Services department under the International Plumbing Code. He provided statistics, the TCEQ Regulations, and policies. In addition, Mr. Garza provided the following options.change the criminal penalties to administrative, maintain the current inspection testing, change the frequency of inspections, establish a maximum inspection and testing fee, and change requirements for residential only. Mayor Adame announced that the council would consider Public Comment at this time and would return to Item No. 44 after public comment. Robert Mitchell spoke about backflow testing; Jaime Garcia, President,Coastal Bend Irrigation Association spoke about backflow testing;George Canales spoke about backflow testing; James Rutherford, spoke about backflow testing; Buck Robinson, spoke about backflow testing; Joe Alonzo, spoke in support of keeping the current backflow testing system; John Collins, spoke about backflowtesting; Heidi Hovda, Spokesperson for Lindale Center and Lindale Neighborhood Association spoke about the improvements in that area;Adam Chavarria spoke about the Lindale neighborhood; Carl Yowell spoke about the Lindale neighborhood and improvements in that area;Jackie Robinson spoke about backflow testing;Colin Sykes spoke about Las Brisas and urged the Council to withdraw support for this project. Mayor Adame returned to Item No. 44. Council Member Loeb made a motion to continue to require the one year annual inspection for applications that TCEQ finds hazardous; if TCEQ list changes to include things that are hazardous that it stays the same, or if they find something to be hazardous that is not currently on the list or take something off the list that we have a five-year inspection requirement on non hazardous, or if the property ownership changes that we continue to require registration and continue to require the installation as we do currently, also in the annual letter for inspection we allow people to opt out by stating they are non hazardous; amend to make violations on the non hazardous side an administrative penalty rather than a criminal penalty; and include a list of registered backflow testers in the letter and inform them that is not required but an option for people to have a backflow inspection, seconded by Council Member Scott. The motion failed with the following vote: Adame, Loeb, and Scott voting "Aye"; Adler, Elizondo, Kieschnick, Leal, Martinez, and voting "No"; Marez was absent. Mr. Olson stated that he plans to move forward with the adoption of the Technical Code and that once the backflow issue has been resolved we can amend the Technical Code to incorporate backflow aspect. -20- I 1 Minutes - Regular Council Meeting December 13, 2011 Page 21 Mayor Adame referred to Item No. 45, Status Report on Crossing Guards Program. Troy Riggs,Assistant City Manager prodded an update regarding the funding strategies for the crossing 1 guard program. He added that after meeting with the Corpus Christi Independent School District a total of 28 locations were identified, of which 27 are within CCISD and 1 within the Flour Bluff Independent School District; the establishment of a volunteer program. Mr. Riggs stated that CCISD has budgeted $20,000 to assist with the volunteer program. CITY MANAGER COMMENTS There were no city manager comments.. There being no further business to come before the Council, MayorAdame adjourned the Council meeting at 5:00 pm on December 13, 2011. i -2'�- I� { 1 �� I I I •'} i _ l a. RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE -Two (2) vacancies with terms to 6-16-13 and 6-16-14. (Since one of the terms end 6-16-12, it is recommended that the appointment be for a new two-year term ending 616-14.) DUTIES: To advise City Council, City Manager, and Parks Department Staff regarding the Retired and Senior Volunteer Program ("RSVP") including but not limited to volunteer recruitment strategies; provide support in recruitment of volunteers and volunteer stations; serve as community advocates and liaisons; assist in development of non-federal resources to include fundraising; advise on programming for impact; advise on how to measure trends and impact of trends in the community; assist with development and implementation of program evaluations and surveys; conduct an annual assessment of the program by surveying program volunteers; bi- annually assess project accomplishments and impact; and attend special events and activities related to Retired and Senior Volunteer Program. i COMPOSITION: The committee shall consist of seven (7) members and must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. The committee shall be composed of the following: 1 —RSVP Volunteer (active volunteer/ one (1) hour per month at a registered RSVP Volunteer Station), 1 — RSVP Volunteer Workstation representative (executive, director or similar leadership position at a non-profit agency that operates a RSVP Volunteer Station), and 5 — At Large. In the initial appointment, four (4) members shall serve a two-year term and three (3) members shall serve a one-year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms. shall be two (2) years. ORIGINAL MEMBERS TERM APPTD.DATE Donna Anne Kinney (RSVP Volunteer) 6-16-13 4-12-11 Margaret A. Ramsey (RSVP Vol. Station) 6-16-12 6-16-09 Jennifer Larivey (At Large) 6-16-12 2-22-11 Arthur Carrillo (At Large) 6-16-13 2-22-11 **Tony Lopez (At Large) 6-16-11 6-16-09 Mildred McDonel (At Large) 6-16-13 6-16-09 ***Linda Cantu (At Large) 6-16-12. 2-22-11 L. eaend: *Seeking reappointment **Not seeking reappointment 'Resigned *Resigned ****Exceeded number of absences allowed by ordinance ****Has met six-year service limitation INDIVIDUALS EXPRESSING INTEREST: Jonathan M. Barlow Parking Lot Attendant. Volunteers with Texas State Aquarium. (514111) —25- I 1 Ruby Cantu Community Health Worker. Christus Spohn Health System. Attended Del Mar College and received a Bachelor's degree from Corpus Christi Theological Seminary. Former activities include: Representative of the Homeless Prevention Program for Metro Ministries. Attends many Health Fairs in the community. (618111) Olga Gonzales Retired, Bilingual Research/Marketing Director. Attended college. National Certified AARP Advocate. Activities include: Nueces County Community Action Board, Greenwood AARP Chapter 4386, Nueces County Seniors, Inc., Greenwood Center Coffee Club, Westside Business Association and League of Women Voters. (4125111) William M. Kramer,Jr. Agent, Kramer Insurance Agency. Received a Bachelors in'. Political Science from Texas A&M University-Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6117111) Sylvia T. Portales Retired. Formerly Senior Appraiser, Nueces County Tax Appraisal District. Attended Durhams'Business School. Activities include: Hispanic Womens Network of Texas, and Volunteer at Senior Centers. Recipient of Ms. Cogeniality in Ms. Coastal Bend Senior Pageant. (4112111) _26_ i b. TRANSPORTATION ADVISORY COMMITTEE — Two (2) vacancies with terms to 4-30-13 and 4-30-14. (The vacant position has traditionally been ,filled by the Security Officer at NAS. The Committee is recommending that the position be filled as an At Large ( position.) I DUTIES: To be responsible for public advisory jurisdiction and citizen traffic safety investigation, traffic accident, injury and damage prevention in the City; developing and implementing coordinated traffic safety programs which meet local needs; acting in an advisory capacity to the City Council and the City Manager in the coordination of traffic safety activities of the official agencies and departments of the City; promoting public acceptance of official programs proposed or initiated by the City; fostering public knowledge and support of traffic law enforcement and traffic safety problems; cooperating with public and private school systems in promoting traffic safety training aids in the schools; promoting the education of the public in traffic safety and, generally assisting in the overall reduction of traffic deaths, injuries, damage, and accidents on the City's streets. i COMPOSITION: Nine (9) members appointed by the City Council for three-year terms to provide advice on transportation and traffic safety matters. One member has traditionally been the incumbent security officer at the Naval Air Station. Elects Chairman and Vice-Chairman annually. ORIGINAL MEMBERS TERM APPTD. DATE Chase Carlisle 4-30-13 4-13-10 Karen Beard 4-30-12 5-30-06 Edd Price 4-30-14 5-26-09 Robert G. Jacobi 4-30-13 4-13-10 **Eloy Barrera.Soza 4-30-13 11-13-07 Curtis A. Rock, Chair 4-30-14 5-30-06 Sheila Cudd 4-30-12 2-10-09 Daniel Carrizales 4-30-12 12-20-05 *"Anthony E. Colosi (NAS Security Officer) 4-30-14 4-13-10 Legend: *Seeking reappointment **Committee Member passed away 12/2/11. **Resigned ** "Exceeded number of absences allowed by ordinance *****Has met six-year service limitation INDIVIDUALS EXPRESSING INTEREST: Jason Capeheart Caseworker-Transportation & Infrastructure, Congressman R. Blake Farenthold. Received Bachelors of Arts in Political Science from.Texas A & M University -- College Station. Activities include: Liaison for the Lower Nueces River Watershed Protection Plan. (1114111) —27— I { Joseph M. Dudek Assistant Professor of Airframe Applied Technology, Del Mar College. Received Bachelor and Master of Science from Texas. A&M University-Corpus Christi, FAA Certification from Hallmark Institute of Technology, San Antonio, Texas, and A.A.S Aircraft Specialist from St. Philips College, San Antonio, Texas. Activities include: USS Lexington Museum on the Bay, Del Mar College Aviation Maintenance Club, Aviation Technician Education Council, and Northrop Rice Foundation. Recipient of Del Mar College Program of Excellence 2007. t411s111) William M. Kramer,Jr. Agent, Kramer Insurance Agency. Received a Bachelors in Political Science from Texas A&M University-Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (611711-1) Roger Vazquez Teaching Assistant, Texas A&M University-Corpus Christi. Received a BacheIor's in Psychology from University of Texas at Austin and Master's in Clinical Psychology from Texas A&M University-Corpus Christi. (5118111) i -28- �� i ,'' I . i 3 a � E I$32 1 AGENDA MEMORANDUM for the City Council Meeting of January 10, 2012 DATE: 11/1712011 TO: Ronald L. Olson, City Manager FROM: D. Troy Riggs Chief of Police Appropriating unclaimed monies from the Police Property Room CAPTION: Ordinance appropriating $15,628.25 from a band onedlunclaimad monies from the Police Property Room, changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 by increasing revenue and expenditures in the General Fund No. 1020 by $15,628.25 each- BACKGROUND AND FINDINGS: Under the Texas.Code of Criminal Procedure, Article 18.17, all abandoned or unclaimed property and monies in possession of the police department that are not evidence or contraband may be delivered to the "person designated by the municipality" for disposition. Proper procedure requires that notice be sent to the owner by certified mail, giving 90 days to reclaim the property. If no claim is received, the funds are available for city use and deposited directly into the City Treasury. Proper notification methods under the Code of Criminal Procedure were followed and no claims were received by purported owners of the funds. Therefore the monies are now available for city use. The Police Department will use the funds for equipment to enhance the Property Room and allow for more efficient operations. ALTERNATIVES: OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: EMERGENCY/ NON-EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: Operating Expense Project to Date Expenditures Fiscal Year: 2011-2012 CIP only) Current Year Future Years TOTALS Line Item Budget —31— Encumbered 1 Expended Amount This item $16,628.25 $15,628.25 BALANCE $15,628.25 $15,628.25 Fund(s): General, Police Comments: RECOMMENDATION: Approval of the appropriation LIST OF SUPPORTING DOCUMENTS. Deposit slip 1 Approvals: Lisa Aguilar, 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 —32— � � } - � cq '} � � Q : - � - � § 2 k \ t I t § ] j \ b ` CL \ r _ {U CL . Q & KC ■ tQ . � � 2 § I LL. . U.1 t a %A« @ b # < . . P� ! r � E�. \ ±> ORDINANCE APPROPRIATING $15,628.25 FROM ABANDONEDIUNCLAIMED MONIES FROM THE POLICE PROPERTY ROOM, CHANGING FY 2011-2012 OPERATING BUDGET ADOPTED BY ORDINANCE 029155 BY INCREASING REVENUE AND EXPENDITURES IN THE GENERAL FUND NO. 1020 BY $15,628.25 EACH BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $15,628.25 from the abandoned/unclaimed monies from the Police Property Room is appropriated in the General Fund No. 1020, changing the FY 2011- 2012 Operating Budget adopted by Ordinance 029155 by increasing revenue and expenditures by $15,629.25 each. I —34— That the foregoing ordinance was read for the first time and passed to its second reading on this the y'` day of �.c-e , 2011, by the following vote: Joe Adame John E. Marez I - j Chris N. Adler Nelda Martinez Larry Elizondo Mark Scott Kevin Kieschnick David Loeb 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 John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo Mark Scott Kevin Kieschnick David Loeb Priscilla G. Leal PASSED AND APPROVED, this the day of December, 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED as to farm: December , 2011. By: Alison Logan Acting First Assistant City Attorney —35— l _I j t I I ,I i i i 4 AGENDA MEMORANDUM for the City Council Meeting of January 10, 2012 DATE: 11/14/2011 TO: Ronald L. Olson, City Manager i FROM: Stephen Draper, Director, Department of Development Services j+ StephenD@cctexas.com 361-826-3246 i PUBLIC HEARING — CHANGE OF ZONING Mostaghasi Investment Trust (Case No. 1011-02) CAPTION: PUBLIC HEARING —ZONING Case No. 1011-02: Mostaghasi Investment Trust: The applicant is requesting a change of zoning from the "CN- 1" Neighborhood Commercial District to the "RS-6" Single-family 6 District, resulting in a change of future land use from a commercial use to a_low density residential use. The property to be rezoned is 7.297 Acres out of the east half of Lot 1, Block 2, Nueces River Irrigation Park, Located south of Northwest Boulevard (F.M. 624) and west of County Road 69. Planning Commission and Staff's Recommendation: Approval of the change of zoning to the"RS-6" Single- family 6 District. BACKGROUND AND FINDINGS: The applicant's purpose for the rezoning request is to allow site redevelopment for the construction of a single family residential subdivision. Department Comments: • The proposed change of zoning is in an area of vacant land. Vacant land exists to the south and commercial to the west. Across County Road 69 to the west is a low density subdivision. • The addition of another residential subdivision would not be uncharacteristic feature compared to the surrounding uses. The future land use of the property is designated as commercial. However, if there is a demand for residential homes to be constructed this would be an appropriate use. The proposed project would generate housing opportunities, versus allowing a vacant tract of land to remain unused while in wait for a commercial venture. -39— i City Council Executive Summary Memorandum Mostaghasi Investment Trust(Case No. 1011-02) Page 2 ALTERNATIVES: 1. Denial of the request to modify or change the current zoning from the current"CN-1" Neighborhood Commercial District. OTHER CONSIDERATIONS: NIA CONFORMITY TO CITY POLICY: 3 The Comprehensive Plan and the Northwest Area Development Plan (ADP) slates the subject property as commercial use. The proposed change in zoning is not consistent with the adopted Future Land Use Map of the Comprehensive Plan. However, the Comprehensive Plan and Northwest ADP both encourage residential development. EMERGENCY/NON-EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: NIA FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2011-2012 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item BALANCE Fund(s): 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:1LegalXS:HARED1LEGAL-DEV.5VCS12011 AgendalNew Folder(2)11011-02,Mostaghasi Investment Trust,Agenda Memo byAD.docx -40- ZONING REPORT Case No.: 1011-02 Planning Commission Hearin Date: November 9, 2011 ` a Applicant/Owner: Mostaghasi investment Trust E= Representative: Steve Dean -C Legal Description/Location:Nueces River Irrigation Park 7.297 Acres out of the east half of dE Lot 1,Block 2Located south of Northwest Boulevard(Farm to Market Road 624)and west of A County Road 69, ia From: "CN-1"Neighborhood Commercial District .p a To: "RS-6" Single-family 6 District N Area: 7.297 Acres Purpose of Request: To allow for the construction of single family homes. Existing Zoning District Existing Land Use Future Land.Use Site "CN-I"Neighborhood Commercial Vacant Commercial a North "CG-2"General Commercial Commercial Commercial m bSouth "FR"Farm Rural Vacant Low Density 0 Residential �1Low Density Low Density re Ernst RS-10„ Single-family 10 W Residential Residential West "CG-2”General CommercialCommercialI Commercial Area Development Plan: The subject property is located in the Northwest Area Development .� Plan (ADP) and is planned for commercial uses. The proposed change in zoning to the "RS-6" Single-family 6 District is not consistent with the Northwest ADP and the adopted Future Land S Use Map. {� Map No.: 067,050 Zoning Violations: None Staff's_Summar • Requested Zoning: The purpose of the requested"RS-6" Single-family 6 District is to allow for the construction of single family homes. • Transportation and Circulation: The subject property fronts upon County Road 69, a minor arterial. Tothe north of the property is Northwest Boulevard (Farm to Market Road 624), a designated primary arterial. Existing R.O.W. and Planned R.O.W. and Urban Trans. Traffic Street Paved Section. Paved Section Plan Type Volume d 2010 V County Rd. 69 95' R.O.W., 64' paved 95' R.O.W., 64'paved AI Arterial N/A Northwest Blvd. 130' R.O.W.,79' paved 130' R.O.W., 7.9' paved A3 Arterial 28,961 • Relationship to Smart Growth: The proposed change of zoning would increase the housing opportunities for citizens of Corpus Christi.Across County Road 69 is an existing housing development. The proposed change of zoning is not consistent with the future land use of commercial uses. —41— Zoning Report Case#;1011-02,Mostaghasi investment Trust Page 2 • Comprehensive Plan&Flour Bluff Area Development Plan Consistency: The Comprehensive Plan and the Northwest Area Development Plan (ADP) slates the subject property as commercial use. The proposed change in zoning is not consistent with the adopted Future Land Use Map of the Comprehensive Plan. However, the Comprehensive Plan and Northwest ADP both encourage residential development. Plat Status: Subject property is not platted. Department Comments: 0 The proposed change of zoning is in an area of vacant land.Vacant land exists to the south and commercial to the west.Across County Road 69 to the west is a low density subdivision. i 0 The addition of another residential subdivision would not be uncharacteristic feature compared to the surrounding uses. 1 The future land use of the property is designated as commercial. However, if there is a demand for residential homes to be constructed this would be an appropriate use.The proposed project would generate housing opportunities,versus allowing a vacant tract of land to remain unused while in wait for a commercial venture. Staff Recommendation: Approval of the change of zoning to the"RS-6"Single-family 6 District. Plannine Commission Recommendation:Approval Number of Notices Mailed Total— 13 within 200 notification area; 0 outside notification area 'w Favor —0(inside notification area); 0(outside notification area) aa a Opposition —0(inside notification area); 0(outside notification area) U For 0.0%As of November 4, 2011 i Attachments: 1. Site--Existing Zoning,Notice Area,&Ownership map K:II)evelopmentSvcslSHAREMI.Planning Commission12011 PC12011 Zoning Reports\Oet.201 AZoning Case No. I011-02,Mostaghasi Investment Trust(CN-I to 118-6).doc _42_ i Ordinance amending the Unified Development Code (UDC), upon application by Owner, Mostaghasi Investment Trust, by changing the UDC zoning map in reference to 7.297 Acres out of the east half of { Lot 1, Block 2Nueces River Irrigation Park, from the 11CN-1" Neighborhood Commercial District to the "RS-6" Single-family 6 District, amending the comprehensive plan to account for any 1' 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 Mostaghasi Investment Trust, for amendment to the City of Corpus Christi Unified Development Code (UDC) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 9, 2011, during a meeting of the Planning Commission, and on Tuesday, January 10, 2012, 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 7.297 Acres out of the east half of Lot 1, Block 2, Nueces River Irrigation Park, located south of Northwest Boulevard (Farm to Market Road 624) and west of County Road 69, (Zoning Map 067,050) (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. —43— Page 2 of 3 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- f 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 , 2012. i ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: This / day of 2011. jboraWalther Br n h sistant City Attorney For City Attorney K:1Legal\SHAREDILEGAL-DEV.SVCS12011 Agenda11011-02,Mostaghasi Investment Trust111-29-11, 1011-02 Mostaghasi Investment Trust(CN-1 to RS-8)PC-StaffRecommend.DWBFine4.4A— i Page 3of3 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, I 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:\LegaHSHARED\LEGAL-DEV.SVCS\2011 Agenda\1011-02,Mostaghasi Investment Trust\11-29-11, 9019-02 Mostaghasi Investment Trust(CAI-1 to RS-6)PC-StaffRecommend.DW13Fina4g6 2 G* 2 2 3 4 I 0 . RIVER RIMS UNIT 2 O A 8- . T GAZA CG- 2 7 5 ° 12 LL 1 EM 1 N Q -A Ri�� � �1 N� PZ,A, NIVFRWAY p- R 4: i VER Rip E 1 70 1 2 3 4 I r 2 7 g 5 12 rI s RIVER FOCI{ 4R 3 2 3 4 3 7 SUB CT z .3 PROPS F NUECE47 RIVER IRRMANON PARK AIT€"CES RIVER IRRIOArION PARK f0/2fd20ff 0 400 8000 Prepared By:SRR Peet Deparanent of Development Services CASE: 1091-02 Exhibit A Planning Commission & Staff Recommendation Lv From: "CN-1 " Neighborhood Commercial f-- ScT P�� _ To: "ON" Office N �R0TY '-__ � s Ordinance No. `° LOCATION MAP Shlsuti - i j AGENDA MEMORANDUM for the City Council Meeting of January 10, 2012 DATE: 11/14/2011 TO: Ronald L. Olson, City Manager 1 FROM: Stephen Draper, Director, Department of Development Services StephenD@cctexas.com �� 361-826-3246 I PUBLIC HEARING.—CHANGE OF ZONING Elbas Land Development, Ltd. (Case No. 1011-03) CAPTION: PUBLIC HEARING —ZONING Case No. 1011-03: Elbas Land Development, Ltd.: The applicant is requesting a change of zoning from the "RS-6" Single-family 6 District to the "RS-4.5" Single-family 4.5 District, without a change of future land use. j The property to be rezoned is Assessors Map 138-A; Block 138-A, 8.51 Acres of Lot 1 and Assessors Map 138-A, Block 138-A, 9.24 Acres of Lot 1, south of the intersection of Up River Road and Wood Creek Drive. Planning Commission and Staffs Recommendation: Approval of the change of zoning to the "RS-4.5" Single- family 4.5 District. i BACKGROUND AND FINDINGS: The applicant's purpose for the rezoning request is to allow site redevelopment for the construction of a single family residential subdivision. Department Comments: • The proposed change of zoning is entirely surrounded by single-family zoning and low density residential land uses. • The proposed change would be consistent with the future land use and not cause a non-conformity. The smaller lots will provide opportunities to construct additional homes than those on the standard 6,000 square foot lots. • A change of zoning was granted to the "RS-4.5" Single-family 4.5 District in June of 2010 for the adjacent tract of land to the east. ALTERNATIVES: 1. Denial of the request to modify or change the current zoning from the current "RS-4.5" Single- family 4.5 District —49— City Council Executive Summary Memorandum Elbas Land Development, Ltd.(Case No. 1011-03) Page 2 OTHER CONSIDERATIONS: 49 public notices were mailed to the land owners within 200 feet of the subject property as required by state statute. 2 notices were returned in opposition of the change of zoning. Each of the 2 land owners own respectively 7.26% and 12.86% of the property within the 200 foot notice area. Therefore with a percentage of 20.12% is in opposition, a super-majority vote of approval by.City Council is required. CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Northwest Area Development Plan (ADP) slates the subject property for low density residential uses. The proposed change in zoning is consistent with the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Northwest ADP both encourage residential development. EMERGENCY/ NON-EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: NIA FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2011-2072 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item BALANCE Fund(s): 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:1Legal\SHAREDILEGAL-DEV.SVCS12011 Agenda11011-43 Eibas Land Development11411-03 Elbas Land Development,LLC,Agenda Memo,by AD.docx —50— i ZONING REPORT Case No.: 1011-03 Planning Commission Hearin Date: November 9, 2011 +„ a Applicant/Owner: Elbas Land.Development,Ltd. '� Representative: J. Schwarz&Associates,Inc. a C Legal Description/Location: Assessors Map 138-A, Block 138-A, 8.51 Acres of Lot 1 and Eo Assessors Map 13 8-A,BIock 138-A,9.24 Acres of Lot 1,south of the intersection of Up River A Road and Wood Creek Drive. w From: "RS-6" Single-family 6 District .� To: "RS-4.5" Single-family 4.5 District o Area: 14.13 Acres N Purpose of Request: To allow for the construction of single family homes. Existing Zoning District Existin Land Use Future Land Use ° Site "RS-6" Single-family 6 Vacant Low Density Residential � as ° North "RS-6" Single-family 6 Low Density Residential Low Density Residential o South "RS-6" Single-family 6 Vacant Low Density Residential a East "RS-6" Single-family 6 Public/Semi-public Public/Semi- ubIic W West "RS-6" Single-family 6 Vacant Low Density Residential/Commercial Area Development Plan: The subject property is Iocated in the Northwest Area Development Plan . (ADP) and is planned for low density residential uses. The proposed change in zoning to the "RS- 4.5" Single-family 4.5 District is consistent with the Northwest ADP and the adopted Future Land c Use Map. y Map No.: 061,049 Zoning Violations: None Staffs Summary • Requested Zoning: The purpose of the requested"RS-4.5" Single-family 4.5 District is to allow for the construction of single family homes. • Transportation and Circulation: The subject property fronts upon Creek View Drive, a local street, and Jefferson Road, a local street. In less than a quarter of a mile to the north is access to Up River Road, a designated collector street. O Existing R.O.W. and Planned R.O.W.and Urban Trans. Traffic Street Paved Section Paved Section Plan Type Volume 2007 Creek View Dr. 50' R.O.W.,28' paved 50' R.O.W.,28' paved Local N/A Up River Rd. 60' R.O.W.,40' paved 60' R.O.W.,40' paved Collector N/A • Relationship to Smart Growth: The proposed change of zoning will allow an increased capability of constructing homes. Existing infrastructure will be utilized and the proposed change of zoning would have minimal to no impact regarding smart growth. The proposed change of zoning is consistent with future land use. • Comprehensive Plan&Flour Bluff Area Development Plan Consistency: The Comprehensive Plan and the Northwest Area Development Plan (ADP) slates the subject property for low density residential uses. The�ioposed change in zoning is consistent with the 1 Zoning Report Case#: 1011-03,Elbas Land Development,Ltd. Page 2 adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Northwest ADP both encourage residential development. Plat Status: Subject property is not platted. Department Comments: • The proposed change of zoning is entirely surrounded by single-family zoning and low density residential land uses. i • The proposed change would be consistent with the future land use and not cause a non-conformity. The smaller lots will provide opportunities to construct additional homes than those on the standard 6,000 square foot lots. • A change of zoning was granted to the"RS-4.5" Single-family 4.5 District in June of 2010 for the adjacent tract of land to the east. Staff Recommendation: Approval of the change of zoning to the"RS-4.5" Single-family 4.5 District. i Planning Commission Recommendation: Approval A concerned land owner within the 200 foot noticed area,who was in opposition to the case,raised a concern about storm water management and the potential flooding due to development of the area. anNumber of Notices Mailed Total—49 within 200' notification area; 0 outside notification area Favor 0(inside notification area); 0(outside notification area) p� �o Opposition —2(inside notification area); 0(outside notification area) For 20.12%As of November 9,2011 Attachments: 1. Site—Existing Zoning,Notice Area,&Ownership map K:IDevelopmentsveslSHAREDU.Planning Commission12011 P0201 I Zoning ReportslOct.201I1Zoning Case No. 1011-03,Elbas Land Development(RS-6 to RS-4.5).doe -52- I { I Ordinance amending the Unified Development Code (UDC), upon application by Owner, Elbas Land Development, Ltd., by changing 'f the UDC zoning map in reference to property legallydescribed as Assessors Map 138-A, Block 138-A, 8.51 Acres of Lot 1 and Assessors Map 738-A, Block 138-A, 9.24 Acres of Lot 1, from the "RS-6" Single-family 6 District to the "RS-4.5" Single-family 4.5 1 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, I WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Elbas Land Development, Ltd., for amendment to the City of Corpus Christi Unified Development Code (UDC) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 9, 2011, during a meeting of the Planning Commission, and on Tuesday, January 10, 2012, 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 property legally described as Assessors Map 138-A, Block 138- A, 8.51 Acres of Lot 1 and Assessors Map 138-A, Block 738-A, 9.24 Acres of Lot 1, located south of the intersection of Up River Road and Wood Creek Drive, with no resulting change in future land use. (Zoning Map 061,049) (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. —53— i i - Page 2of3 s 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 r 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. I 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 12012, ATTEST; CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: This Q daY of 4PA--.' 2011. borate Walther Bro n Assistant City Attorney For City Attorney K:1Lega11SHAREDILEGAL-DEV.SVCS12011 Agenda\1011-03 Elbas appd Development111-29-11, 1011-03 Elbas Land Development(RS-5 to RS-4.5)PC-StaffRecommendDWBFlnal.d=0 14 - Page 3 of 3 1 Corpus Christi, Texas j 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:\LegallSHARED\LEGAL-DEV.SVCS\2011 Agenda\1011-03 Elbas Land Development\11-29-11,1011-03 Elbas Land Development(RS-6 to RS-4.5)PC-StaffRecommendDWl3Final.de6 5— 27 g 3i 26 MCKINZIE PT i5 32 4: SRP �9 i4l.5 u 5 32 33 16 3r 2 VA 3 i8 Z0 34 35 6 Q 30 4 17 Zr R�LF g 29 111 W 'Q i9 (4 19 28 � 5 r6 W 22 4 -v 0 27 � 6 i5 � 23 21 11 iZ /+ 3 W Z1 4 7 14 24 S UBJELr T 1 22 25 26 0 g 13 3 25 2 ROPERT 23 24 � 26 i 6 @ CR 23 10 rt 27 RM- 1 as CN low 1-A 4 -CJQ Q3,,I W O,,O. MAPLi FJILL$ AY VIZLA05 S- *! s Jr RS- T 1 ON�WgLL g It 1 2 3 4 3 S 4 © N N 7 8 9 HIGH Y VIL.LR 5 ANNEX 4 6 7 $ 9 �If 141s RS - 6 IIA 10 2 -A Q r r0 27 26 25 Z4 23 aA 3 7 6 Z 3 0 2i 2019 18 r7 - 009 4 5 6-A 6 4 N _ A O E o' I '' 4`. .. 4 a-A $ 6 7e 8z. qI F e o�,e a afA slap1 rients a vle CASE: 1011-03 Exhibit A Planning Commission & Staff Recommendation From: "RS-6" Single-family 6 � SUBJEg `L PROP XTY To: "RS-4.5" Single-family 4.5 - Ordinance No. Cityof LOCATION MAP 'ti x ch�rntstii 6 i AGENDA MEMORANDUM ism 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 Ste henD cctexas.com 361.826.3246 I Adoption of the Technical Construction Codes and Proposed Amendments CAPTION: Ordinance amending Chapter,14 of the Code of Ordinances, City of Corpus Christi, by repealing Article 11, City of:Corpus Christi Technical Construction Codes and adopting new Article Il, 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: September 21, 2011 -Electrical Advisory Board: September 22, 2011 Mechanical/Plumbing Board: October 4, 2011 -5g- I 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/NON-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 Project to Date Expenditures Fiscal Year: 2011-2012 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered I Expended Amount This item BALANCE Fund(s): Comments: NIA 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. -60- LIST OF SUPPORTING DOCUMENTS: i 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 i -fit 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 Section14-201 Purpose................................................... ....................................1 Section 14-202 Definitions............................................................. 1 i 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. _62_ 1 I Ordinance amending Chapter 14 of the Code of Ordinances, City of Corpus Christi, by repealing Article 11, 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. "Lal 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 Existinq Building Code Electrical Code-Energy Conservation Code Fuel Gas Code Mechanical Code, Plumbing Code, and Residential Code for One- and Two-Family Dwellings "(b) 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 EneLqy Conservation Code Fuel Gas Code Mechanical Code Plumbinq 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 b sections 14-231 (Building Code 14-232 (Existing Building Code 14-241 Electrical Code 14- 261 (Energy Conservation Code 14-261 Fuel Gas Code 14-271 Mechanical Code 14-281 (Plumbing Code), and 14.291 (Residential Code). "(c) 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 Buildin-q Code Existina 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 —63— I j "Board means the applicable appeal or advisofy board appointed by the cit council including the board landmark commission and zoning board of ad'ustmen# electrical advisory board or mechanical/plumbing advisory board. ' "Building ins ector means an individual designated by the building official as a building i 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 wdt.ing by the cit manager to act on behalf of the building official_ "Building section means the section of inspections operations changed with responsibility for administration of the city building code and the residential code, except for the electrical, fuel as mechanical and plumbing 2rovisions. "Building team leader means the employee of the city designated by the building official who is in charge of the building section. "Certificate of occuvancy 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. "Chance of use%ccupancymeans any change in the use, purpose, or level of activity within any building, or portion thereof that merits a chane 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 b '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 develo meet services means the department head who supervises the building official the director of planning, and the special services engineer and oversees administration of inspections o erationsplanning, andspecial engineering services. "Electrical ins ector 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 char ed with responsibiFity responsibilityfor administration of the city electrical code. 2 —64— i I i 1 ' "Electrical system means any electrical wiring system_and the appurtenances, apparatus, or e ui ment used in connection with the use of electrical energy in on outside or attached to a building, residence, structure, Property, or premises for light 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 rete tion 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. i "Final inspection means the inspection that is made when the scope of building, electrical enerny conservation fuel gas, mechanical and plumbing work on a permit is complete. "Flood lain 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 as from the fuel gas supply outside the building or premises to an apDliance that utilizes fuel as to produce fight, heat ower, refrigeration, or air conditionin • any fuel utilization e ui agent, including any appliance that utilizes fuel pas 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 char ed with the remonsibility 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 Cha ter 34 of the Texas Water Code. "Licensed irrigator means an irrigator who is licensed under Chapter 34 of the Texas Water Code. "Licensed olumber 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 Plumbin 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 an 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 ors stem. 3 —65— i I "Mechanical and plumbing team leader means the employee of the city designated by the buildinq official who is in charge of the mechanical and Plumbing section. "Mechanicallplumbing section means the section of inspections operations charged with responsibility for administration of the cit, f�gas, mechanical, and plumbing codes. "Mechanical system means'any permanentlyinstalled 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; hydropic piping systems: a commercial refrigeration 1 system; and special heating systems, such as bailers, 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 2iping, 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 occupangy occupancyof an entire building or only those Portions of a building that can be safely occupied Prior to final com letion and full occupancy of the building. A tem ora certificate of occupancy may also be issued for tempora!y events or temporary structures that will be removed after a specified time. "Secs. 14-203. Damage to city infrastructure, "(a) 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 —66— i - "Lbl Repairs to the cit 'sutilit 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 ern la ee 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 cit . "Section 14405. Licensin_q. "(a) Electricians. � ll 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 repr_ese_nt 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 ricihts 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. "(2) 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 —67— a i Article 820 of the Corpus Christi Electrical Code is exempt from licensing rem uirements. "b. Electrical utility companies. The installation, alteration or repair of electric E 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 1 government sm exempt from licensing ror federal egu em nt5 oft is srty owned bythe tatebsection. "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 an 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: IT 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. "(4) Suspension or revocation of licenses and certificates. "a. Authority of electrical advisory board. The electrical advisory board ma suspend or revolve the license or certificate of any electrician, who after a hearing, is found guilty of: 6 —68— i 99 1. Usinq fraud or deceit to obtain an electrician's license or certificate. k 112. Takinq out electrical permits in the name of some person firm or ' corporation authorized by law to-do electrical work and then permitting a person without a proper license to do the work. "3. Any gross negligence, incompetency, or misconduct in the performance of electrical work within the jurisdiction of the city. "b. Filing complaints. 1. Any person who has been a-qqrieved 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 anv facts that would indicate that an „electrician, who holds a license or _ certificate issued.._by the city, has knowingly and intentionally violated any provisions of this article or the city's electrical code must file a complaint with the electrical team leader. 3. The compliant must be in writing and sworn to by an official authorized to administer an oath. .4. The complaint must state the facts that could support a finding that an.electrician has knowingly and intentionally violated any provisions of this article or the city's electrical, code, or that an electrician has performed electrical_work in an incompetent or negligent manner. "c. Review of 4rievances. "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 _ —69— 3 i "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 dater 3. The licensee may appear in person 6r by counsel at the hearing. E "4. The city attorney, as directed by, the city manager, will provide counsel for the board. "5. appear,If the electrician fails or refuses to _ , „ , 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. 17. 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_ copv 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 imustl specify "A. . The length of the suspension, for a „period not to exceed one (1) year. "13. Whether the electrician is ell ible to receive and work under a lower classification of license during he suspension. "2. The electrical team leader will reissue the electrician's license or certificate at the of the suspension period upon payment of any required fees. 113. The notice of the suspension and reinstatement of the electrician's license or certificate will be filed in the electrician's record. A coov 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 spedfy: _70_ i ' "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 ear, but not more than three 3 ears. "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 i provided to the electrician. i 113. 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. 991, 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 13D} 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 hearing before the city council. "B. Notify the electrician of the time and date of the hearing. The notice must be given to the electrician by certified mail at least five (5) des prior_to the date the hearing. "C. Provide a copy of the Proceedings before the board to the city council "4. The hearing will be based on the record of the board's hearing. "5. After the hearing_ on the appeal, the city council may uphold amend, or set aside the findings of the board. "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 - -71— i i Ji 1 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 gualified electrician of the proper classification must be present and in direct supervision of the work. 1 "b. 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 1permits. "c. A journeyman or higher classified grade electrician must be in direct "on the 'ob" supervision of work carried out except for work falling under the classifications_of.signor elevator work, which work must be performed by or directly supervised by the person holding the license or a_lourneyman ' particularly gualified in the branch of electrical work. - i "d. Should it come to the attention of the buildinq 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. "g, No more than three (3) apprentices may be employed for each duly licensed master or journeyman electrician on any one (1) electrical installation. "L61 Electrical contractors. "a. Master of record—Contractor relationship. Ill. A master of record for a contractor, who is not thecontractor, owes a hi- h degree of fiducia 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 (maste) constitutes a violation of law this code the act or omission -bv the agent 10 -- -72— I 1 (master) may be considered to be a violation by the contractor rinci al "4. The contractor, as principal, engaces a master at the contractor's peril and is obligated through the master's services to ensure that = compliance with the city's electrical code and this article are observed. "5. This code imposes upon the contractor responsibility for the master's._acts and omissions irrespective of any intent on the contractor's part. 116. ThePurpose of the strict obligation is founded in necessity to provide for public safety and promote a high degree ee ,of diligence on the part of the contractor for the Public protection. "7. Because the contractor has employed„and empowered the master to conduct business for the contractor, the contractor is charged with the_responsibility for the master's acts and omissions when the master's acts or omissions constitute criminal conduct under this code. "8. The contractor's liability does not lessen the master's own responsibifty_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. 01. 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: "A. A sole owner of the business: "B. A full-time paid employee of the business: or "C. An owner or officer of the business who is actively engaged full-time in the operation and conduct of this electrical contractor business. 2. If_a master.of record leaves the employ of the contractor, all work on permits issued to that master of record must cease until the contractor hires a new master of record, and the new master of record requests that all outstanding permits issued to the prior master of record be reissued in the name of the new master of record, and the records in the inspections operations are brought up.to date with the proper information. 94 3. 'Full-time'....means actually engaged the employment or conduct of the business' work for an average of at least thirty (34) hours 11 —73— i i 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 feast six (6) consecutive calendar months. 114. _ s aster of record for more than - A_master of record may not act m a _ •_.• one (1) electrical contractor business at one (1) time. 115. 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 co of the most recently filed; fully executed Texas Workforce Commission emplovers quarterly report form, showing the applicant as a bona-fide employee of the electrical contractor. 1113. If the applicant has not been employed by the electrical contractor long 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 99 Texas Labor Cade. Ell, When a master of record is em glOyed 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 —74— 1 { 3 "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. "B. 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 anytime. "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. HE 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 _75_ 1 "H. The specific method of supervision of electrical work to be conducted by the business. ' 113. 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 misregresenfation. "1. Every master of record must have and maintain an established place of business. i 1;2. Every master of record must have a local business telephone and make the necessary arrangements to receive messages from the buildinq official electrical team leader, and other persons concerned during regular business hours. 11 3. The master of record is responsible for the su ervision of all - electrical work done under any electrical permits issued to the master of record or the master of record's authorized agent. 14. The master of record's authorized agent must be a full time empiovee 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 he appropriate class of electrician, master or journeyman, is present on site to perform direct 'on the job' supervision for each permitted iob: "B. Ensuring the appropriate ratio of iourneyman and apprentices are present at each permitted iob site. "C. Maintaining_supervisory presence on the permitted iob sites to ensure code compliance. "6. A master of record who secures a permit for electrical work, which the master of record does not supervise as required in subsection (a)(6)a.5, commits an offense. 7. An electrical contractor whose master of record (agent) commits a code violation, including the. offense described in subsection a 6 a.5, is also in violation of this article. 11 8. A misrel2resentation 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. 14 —76— i a 94 9. The contractor is responsible for code violations resulting from the l master of records acts and omissions. I 10. Where code violations have been observed on a Permitted lob or substantial deviation from the standards of good workmanlike electrical work has been observed, the presumption that the master of record is not performing the master of record's supervisory responsibilities may be made. "f. Display or evidence of license. All electricians must fittingly display their licenses as provided in this paragraph. "1. Every_holder of a license as a master electrician, master electrician-sign, or master electrician-elevator shall display the license in a conspicuous place in masters 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. IS 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 displaved 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. "(b) Mechanical contractors. "M Mechanical license law. "a. Licensing of mechanical contractors is regulated_bv the Air Conditioninq 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 reouired by Section 14-1313 Technical Construction Codes Fee Schedules. 15 —77— ' C. The license holder must furnish building operations with a certificate of insurance evidencinq the insurance coverage required by the Commissioner of Licensinq 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 j prior to the cancellation_or reduction in coverage. "2. A permit holder's permit maybe suspended during_any period in which the permit holderfails to maintain the required insurance coverage in effect. " Affidavit. A Person_licensed as a mechanical contractor by the State of Texas 'I may file an affidavit with inspections operations authorizing a designated agent to apply for and receive permits in theperson's behalf, and affirming that the licensed person assumes all responsibility for any permit obtained by the,agent. "(3) 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 j on all vehicles used by his firm in the transaction of his business. The business name and mechanical license number must be legible from a distance of„at least fifty (50) ffeetl from the vehicle. "Lcl Plumbers. _ "(1) Plumbing license law. "a. Licensing of plumbers is regulated by "The Plumbing License Law", Chanter 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 Chaoter 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 aut horizing a designated agent to apply for and receive permits in the licensed-person's behalf. and ,affirming that 16 —78— I the licensed person assumes all responsibility for any Permit obtained by the agent. "(4) 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) rfeetl from the vehicle. "Sec. 14-206. Technical construction boards. a Building code board of appeals. "M 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 j official and/or building code engineer. "(2) MembershLg 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 .lune_29, 2010, all new appointments of members shall be for a term of two (2) years. Terms shall be sta-g-gered, 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 agplication 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 - _79_ i conducted by the board shall be maintained in the offices of the inspection division. "(3) 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 f Flood Hazard Prevention Code. "a. Appeals of decision of the building official. "1 Right to appeal. The owner of a building or structure orhis 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 refected 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. T. The provisions of the code do not apply to the specific case. "C. That an equally good or more desirable form of construction_can be employed in the specific case. — "D. The true intent and meaning of this code or any regulation thereunder have been misconstrued or incorrectly interpreted. "2. Notice of appeal Notice of appeal shall be in writing and filed within ninety (94) 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 amappeal 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 iniustice and be contrary to the spirit and purpose of these codes or the public 18 - --$0— i 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 Ipeculiar to the building, structure or service system involved and not applicable to others. "B: That such special conditions and circumstances do not result from the action or inaction of the applicant_ "C. That granting the variance request will not confer upon the applicant any special privilege that is denied by the Building Code or Flood_Hazard Prevention Code to others. "D. That the variance granted„is the minimum variance that will make possible reasonable use of the building, structure, or service system. "E. 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 9eneral 1 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_reaulations._ 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 Buring 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. Freguency 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 - _g1_ -I I F 3 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. 'I "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 buildingofficial fficial 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 reguesting 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. "(b) Electrical advisory board. "M 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 thebuilding official and chief electrical inspector. "u Membership and terms. "a. Membership. Persons_who serve on the electrical advisory board as members shall be qualified as follows. "1. Two (2) persons, each of whom shall, have at least five (5) years of active experience as a master electrician. "2. One 11) person who shall have at least five (5) years of active experience as a iourneyman electrician. 113. 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 enaineerinq and a minimum of five (5) years of experience in the practice of electrical engineering. "4. One 1person who shall have at least five 5 ears of experience in the commercial_building industry. 115. One (1) person who shall have at ,least five (5) years of experience in the home building industry. 20 —82— J "6. One (1) person who is a resident of the City and not connected with the electrical industry. "7. One 1 person who shall be afield representative_. _ r 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. i "b. Terms. Members shall be appointed for staggered terms of two 2 ears. The term of each member shall continue until a successor is appointed, subject to limitations of the City Charter or a term limitation established by ordinance. Any board member may be removed by the city council for cause. ._A vacancy shall be filled for an unexpired term in the same manner in which original appointments are required to be made Absence of a member from regular board meetings shall be cause for removal from office in accordance with the City Code of Ordinances C. Quorum_ and voting. Six (6) members of the board present at any meeting shall constitute a quorum for the transaction of business. A concurring vote of not less than six (6) board members is necessary to constitute an official board action. No board member shall act in a case in which he or she has a personal or substantial interest in violation of the City Code of Ethics. "d. Secretary_of board. The building official or his authorized representative shall act as secretary of the board. The secretary shall make a detailed record of all board Proceedings which sets,forth the reasons for any board decision, each member's vote, any member's absence, and any failure of a member to vote. A record of all business conducted by the„board shall be maintained in the offices of the inspection division. "Q 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 recrardincr 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 —8. i i "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 j official, is unsafe, unsanitary, or dangerous, the building official may in his order limit the time for an appeal to a shorter period. i 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. It. 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 vacant ry 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 mabecanceled. 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, "(5) 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 mechanicallplumbing 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. "(2) Membership and terms. "a. Membership. Persons who serve on the Mechanical/ Plumbing Advisory Board as members shall be qualified as follows: "1.. Three 3persons, each of whom shall have at least five 5 ears 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 —84— I i 1 i U2, One (1) person who shall have at least five (5)_years of active experience as a mechanical engineer and be a licensed professional engineer in this state. "3. One (1) person who shall have at least five (5) years of experience in the home buildin indust . "4. One (1) person who shall have at least five (5) years of experience in the commercial building industry. j "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 licensedin this state. "6: One 1 erson who shall have at least five 5 ears 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 establishedb 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 o(iginal 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 - -85— 1 I 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 adviso 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 3 construction, or technical ruling that is contrary to or does_not meet or I 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. i "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 ep rind. "d. Grievances._ The mechanical/plumbing_ advisory board shall review grievances within the sco_pe_o_f_the_ Fuel Gas, Mechanical, and Plumbing Codes. "(4) Procedures of the Board. "a. Rules and re ulations. The board shall establish rules and regulations for its own procedure that are not inconsistent with the provisions of this code. 11b. 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. Fregu_ency of meetings. The board shall hold one (1) regular meetinq 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 canceled. The board shall meet on the call of the Chairman for such 24 —86— i 1 special or called meetings as necessary for the board's prope performance of duties. "d. Decisions. "1. The mechanical/plumbing advisow 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. _ "L51 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 derision is not appealed, the decision of the board shall become final in thirty-one (31) days. « - a. The applicant-has the_ri_ght to _appeal a_decision of the building official or the mechanical/plumbing advisory board to the city council. "b. The . building official has the right to appeal a decision of the mechanical/plumbing advisory board to the city council. "Sec. 94.-207. Violations and Penalties. "fa) Penalties. "M 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,_orglumbing 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. 25 —87— 1 "L31 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 corporationemployed 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. "(4) 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_ 1.2.23 of the Texas Penal„Code shall require a culpable mental state of`criminal negligence.' "b Injunction. In addition to the penal remedy in this section, the city attomey 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 ado ted as the Building Code for the City of Corpus Christi: "M Section 10 1.1 of the International Building Code is revised to read as follows: 101.1 Title. These regulations shall -be known as the Building_ Code of the City_of Corpus Christi, hereinafter referred to as `this code.' "(2) 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 referred to as services stems. "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 - —88— i --a i "101.3,3 Limited purpose of permitting and inspection. The tax2ayers 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 purposesL and to the limited extent, described in this section. "7. Any activity_ under these codes, including, without limitation, actions or inactions related to applications, Ian review, ermittin ins ection investigation., enforcement and revocation of pernfits, authorizations certificates or releases of any kind, is an exercise of the police power of the city, which_ power is exercised for the health, safety and welfare of the public generally. "2. The city_specifically does not undertake to perform, and does not perform, any i , 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 dut 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. i 114. No person may rely in any way whatsoever upon any city_ inspection, examinationpermit, investigation, enforcement, granting or revocation of an 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. 116. 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 Alan, nor for any failure of any component of such, which arises out of or is alleged to arise out of anv action or inaction under or related to this code. 117. 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 an 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 —89— i a 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. i "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 rovides, 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 owninci, 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. "u Section101of the lntemational Building Code is amended by adding_a new section 101.4.7 to read as follows: "101.4.7 . Building. The buildinq 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 ar structures on the same property. "101.4.7.4 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 buildinq or structure that is not constructed under the Texas Windstorm Insurance Association's windstorm insurance Program must be constructed to the prescriptive standards outlined in the Building Code. "(4) Section _10.1 of the lntemational„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 gaas,_.mechanical and plumbing systems, devices or safeguards, and all parts thereof, which are reguired by this code, whether existing or new, must be installed and maintained in a safe sanitary condition and in good working order. f=ailure to maintain a system in a safe and sanitary condition, or_maki-ng 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,_. fue -gas, mechanical, and Plumbing systems and the accessibility_of the„building or structure. "(5) Section 102.2 of the lntemational Building Code is amended by-adding by-addinga new subsection 102.2.1 to read as follows: 28 - _90_ i "102.2.1 Nonconforming uses. Nothing contained within this-code may be construed C 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 fol - "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 1 existing building, a building proposed to be relocated, or a proposed new building, for which the structural electrical gas, mechanical or Numbing system or the Dublic safety health,. and general welfare are not specifica[ly 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 buildina official shall keep official records of applications receiv_ed,_ permits and certificates issued._ fees collected reports of inspections, and notices and orders issued. Such records shall comply,, with the Texas O en Records Act Texas Local Government Code and in conformance with the Texas State Library and Archives Commission standards. Section 905.1 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 otcupancv 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 si n of an description, to inst.all or alter fire extinguishing apparatus, lawn irrigation systems, elevators, or engines; to install a steam boiler, furnace, heater incinerator, or other heatproducing apparatus; to install a mobile home for occupancy u on 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 ofcial and obtaining the required permit(s) for the work. Permits are non- transferable. Section 105.1 of the International Building Code is amended by adding new subsections 105.1.3 through 105.1.5 to read as follows: "105.1.3 Permits for demolition of a building or structure. "105.1.3.1 A permit to demolish a building or structure includes the demolition of the related electrical, mechanical, and plumbing systems. "105.1.3.2 The owner or the contractor must coordinate termination of service with the utility owner to ensure that all electrical, mechanical, and plumbing systems are disconnected and inactive prior to the start of demolition operations 29 -91— 1 "105.1.4 Permits.for excavation and fill. Permits are required for excavation and fill i within the corporate cib---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 re_presentatives__a_uthodzing the reconnection and use of the wiring_, devices, or equipment, "105.1.5.1 A_re-o_ut inspection is required if the energy has been disconnected for a period of more than three (31 months, excepting weekends and holidays for commercial buildings. I i Section 105.2 of the Intemational 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). 142. Fences not over seven (7) feet (1829 mm) high. "3. Oil derricks. 114. Retaining walls that are not over 4 feet (1219 mm) in height, measured from the bottom of the footing to the top of the wail, unless supporting a surcharge or impounding Class I, II, or IIIA liquids. 19 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 rade not for support of a structure, not over any basement or story below, and not part ,of an accessible route. 17. 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 —92— 11i I i 11 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. 3 11. Swings and other playground equipment accessory to detached one- and two- family dwellings. j 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. i - "15. . Fixing broken stair treads and risers (excluding repair and replacement of stringers). i "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 (1-0) percent of the total wall area of the total wall area is being repaired and/or replaced within an twelve month period. "Electrical: 1. Replacement of electric garage door openers, light fixtures, ceiling fans receptacles, light switches, door bell _transformers, residential-type garbage disposals dishwashers, and trash compactors, provided that the electrical system is not modified. 112. 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 -93— i I "5. Disconnection and reconnection or the installation of disconnects as part of the replacement of the air conditioning condenser or air handier by a state-licensed mechanical contractor who carries a city-issued mechanical permit, "6. Replacement of anv_-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. 117. Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved Permanently installed receptacles. "S. 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. 11 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 purno and service wiring. "Gas: "1. Portable heating appliance. 112. 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. 1[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 hart that does not alter its approval or make it unsafe. "6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds 5 k or less of refrigerant and actuated by motors of 1 horsepower(746 W) or less. "Plumbing: 32 _94_ i 1. The stopping of_Leaks in drains or water, soil, waste, or vent pines; provided, however, that if any concealed trap—drain pipe, or water, soil, waste, or vent pipe I 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. 12. The clearing of stoppages or the repairing of leaks in pines, 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. i `3 hereto that are to remainat their existing Replacement and tinq of anylbl�o ation.res, faucets, or appurtenances 14: Repair of sectionsof water or sewer lines which do not exceed five (5) feet in length. - "5. Replacement of appliances_such as garbagedisposals, 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. 117. 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: 11 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 —95— i "�. A permit is not required and no inspections-will be performed by the city relating i to the construction assembly,-disassembly, reassembly, modification, alteration, or improvement of an industrial facility or industrial processing unit if: "a. The industrial facility or industrial processin_, 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, packagin4, 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 be, 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 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-o_f_the Code of Ordinances of the city. 34 —96— i "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. - 114. All connections between an industrial facility or industrial processing,., uq nit and the city's waters stem must be eguipped 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 supplysystem. 195. 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 foragricultural or ranchincl purposes at the time of annexation is not converted to anv other use. 112. Any agricultural buildinq 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 ossesses a current and valid amateur ,._P _ t radio operator license issued by_the Federal Communications Commission for the erection of any amateur radia antenna tower structure on the premises of the one-family dwelling. 35 _97_ a "2. Any tower authorized under this paragraph may not exceed fifty (50) feet in height. 3. Any-tower constructed__under-this_paragraph_must be either located a distance equal to or greater than one-half (112) its height from the nearest property line, or the adioining property owner must_agree to.the location of the tower in writing. The agreement must be filed with the county clerk and.bind the property owner's successors in interest. "(11) Section 105.2.9 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). "2) Section 105.2 of the Intemational Building Code is amended by adding a new subsection 105.2.4 to read as follows: "105.2.4 Public rights-of-way and utility easements. 1. A permit may not be issued by the building official for the construction of any building, or for the alteration of any building where the building is to be changed and the change will affect the exterior walls, bays, balconies, or other appendages or proiections 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. 112. 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. "1131 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. 113. Indicate the use and occupancy for which the proposed work is intended. 36 —98— - 1 1 114. 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. 117. Give such other data and information as required by the building official. - "8. For the renovation of a commercial or public building, be accompanied,by proof that an asbestos survey has been completed by a design professional as outlined in this code or an asbestos inspector licensed by the Texas Department of Health. See Section 107.1.1. "9. For buildings covered by Chapter 469 Elimination of„Architectural Barriers of the Texas Government Code, the permit application must be accompanied by an EAB project number. ” 14 . Section 105.3 of the Intemational 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 oran armed„forces identification card. 112. 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. "L15� Section 105.4 of the Intemational 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. "rte Section 905.7 of the Intemational Building Code is revised to read as follows: " _ record._ g permit or copy shall 1Q5.7 Placement of permit and inspection The buildin „ be kept at the project site until the completion of the project, and the inspection record shall be readily accessible by the building official and protected from the weather. "(17) Section 105.8 of the Intemational Building Code is amended by adding new subsections 105.8.1 through 105.-8.4 to read as follows: 37 - _99_ 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. " ) Section 105 of the Intemational Building Code is amended by adding new sections 105.9 through 105.11 to read as follows: i "105.9 Conditional permit. A conditionai 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 inguestion,_and that the a��licant has submitted design documents to the building official and that the applicant will comply with the code _ re uirements for the item should the appeal be reiected by the board. "105.10 Permits for part-mobs or incomplete proiects. "(1) 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 re aired 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. "(4) 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 b the holder of the first permit, upon which the-second permit may be issued immediately thereafter. "(5) 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.- "6) The issuance of the second permit cancels the first permit, and no refund of fees paid for the canceled permit will be made. 38 —100— I; -1 I A 05.11 Temi2orm 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 s ecified Period of time not to exceed fifteen 15 days. 105.11.2 The inspection made prior to issuing the permit will confirm that there are no life safety, zoning,_or public health issues associated with temporary sanitary facilities. "105.11.3 In the event that temporary electrical services are required, an electrical permit and inspection is required. "105.11.4 The temporary event permit expires at the end of the specified Period. "J1_91 Section 907.9 of the International Building Code is amended by adding new subsections 107.1.1 throu h 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 gerformed b a design professional as outlined in this, code or an asbestos„inspector licensed by Texas Department of Health. The applicant must verify on the application that the survey was performed and approved. 107.1.2 Windstorm plan information. "1. Prior to_issuing a permit, the building official will require a separate building plan or plans with building sections and details showing the components, their types, locations, and framing elements which delineate that the framing will resist the Pressures-developed from the wind speeds in ASCE-7, as adopted by the Texas Windstorm Insurance Association's_Building Code for Windstorm Resistant Construction, or any model code approved by the Texas Department of Insurance. "2. All documentation submitted must be sealed by a professional engineer who is licensed to practice in the state and approved to participate in the Texas Windstorm Insurance_Association's windstorm program. "3. For buildings or structures having unusual geometric shapes, response characteristics, or site locations for which channeling effects or buffeting in the wake of upwind obstructions may warrant special consideration, wind loads must be based on wind tunnel tests or nationally recognized data aRproved by the Texas Department of Insurance. "4. All structures.within the city must be designed and constructed under the wind load provisions of Section 1609. "5. All engineered structures must be „designed and inspected by a Texas- registered professional engineer. The engineer must submit_a Building Design 39 —101— d I Certificate, Form WPI-2D, with sealed design drawings and a„Building Certificate i Form WPI-2, approved by the_Texas Department of Insurance. 1 107.1.3 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 Chaoter 469 of the Texas Government Code and the rules and regulations of the„Texas Department of Licensing and Regulation. ation. 412. An EAB Protect Number issued by the Texas Department of Licensing and Regulation will be accepted as proof that thero'ect has been registered with the Texas Department of Licensing and Regulation_ 113. 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 less than fifty thousand dollars ($54.000.00) to determine if the proiect falls within the reguirements of Chapter 469 of the Texas Government Code, Elimination of Architectural Barriers. "a. For projects that are not required to be registered with the Texas Department of Licensing_ and Regulation, but which are required to comply with Chapter 469 of the Texas Government Code, no occupancy will.be allowed without required city inspection and city certification that the prosect 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. Pians 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, pas mechanicalplumbing, communication conduits pipes, ands stems 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 flap pole exceeding twenty-five (25) feet in height or producing over fifteen thousand foot-pounds of wind moment on the structure, except as provided in the technical construction codes, must be designed„by„a registered design professional. 40 —102— i "107.1.7 Any fence over seven (7) feet in height, except fences more than eiahty (80) percent open to the wind up to ten (10)_feet in height. Drawings by a design professional are required. 1 "(20) Section 907.2.1 of the Intemational 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. " Section 107.2..5.of the Intemational 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 an.d 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. " 221 Section 907.2.5 of the Intemational 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_ "(1) General_..site plan. A_general_ siteplan_drawn at a legible scale which must include, but not be limited to, the location of all buildings, exterior storage facilities, Permanent access ways, evacuation„routes, parking lots, internal roads, chemical loading areas, equipment cleaning areas, storm water and wastewater accesses, emergency equipment and adjacent property uses. "(2) 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 —103— "Q1 Each hazardous._materials storage facility or area within a structure or exterior storage_must be identified on the general site or building floor Plan with the hazard classes and quantity range Per hazard class of the hazardous materials stored. - "(23) Section 107.3.1 of the International Building Code is amended._by adding a new subsection 107.3.1.1 to read as follows: ' "107.3.1.1 Authority to proceed with a project begins with the issuance of a building rermit after which electrical, fuel gas, mechanical or plumbing system permits will be issued using the same or similar form. "f24 Section 107.3.3 of the Intemational 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 b the phased permit. "107.3.3.2 Any work that is not-specifically-authorized by the phased permit, is sublect to the administrative fees for the failure to obtain a permit. " Z51 Section 109.2 of the International Building Code is revised to read as follows: "109.2 Schedule of permit fees. On buildings, structures, electrical, gas mechanical. and_plumbing_systems or alterations requiring a permit, a fee for each permit shall be aid as required in accordance with the applicable schedule referenced under Article Xlil, 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 'ob 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 Intemational Building Code is amended by addin 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. %R81 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 —104— i { 1 "110.3.2.2 Inspections during placement of concrete. The en ineer or engineer's representative that certifies the foundation system must be present during the placement of the concrete for the foundations stem and must further certify that all preparations for the concrete placement are in compliance with.the technical construction codes. _ "(29) Section 190.3.4 of the International Building Code is. amended byadding a new subsection 110.3.4.1 to read as follows: "110.3.4.1 These inspections do not include or take the place of inspections, or certifications for compliance required under Texas Department of Insurance windstorm requirements. "(30) Section 910.3.8 of the International Building Code is amended by addin-q 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 involvinq a hurricane warninq or alert the buildinq 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 991. 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 or written and may be given to the person on the premises responsible for the custody or management or care or maintenance of the premises or the person's employee or agent. Orders must be carried out before winds of hurricane velocity are anticipated. "(31) Section 110.3 of the Intemational Building Code is amended by adding a new subsection 110.3.11 to read as follows: "110.3.11 Texas Department of Insurance windstorm-resistant construction inspections. When authorized by the Texas Department of Insurance, building inspectors shall also perform the following inspections for„the Texas Department of Insurance. "1. Texas Department of Insurance foundation inspection. This inspection must be requested by the permittee after placement of reinforcements, but prior to pouring of concrete. "2. Texas Department of Insurance rough framing inspection. This inspection must be.requested by the permittee prior to any type of covering that would keep the inspector from-being-able to verify the required connector or fastener pattern 113. Texas Department of Insurance final framing inspection. This inspection must be requested by the permittee prior to installation of insulation and concealment of 43 —105— Ii E { a i fastener patterns__ of_exterior coverings and roof coverings. Re-roofing inspections fall into this category. 114. 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 I' includes anchorage of other exterior equipment, including floodlights, turbine vents, propane _tanks, swimming_ pool_ filters, water cooling towers, satellite dishes, and other similar equipment. 1 999. All engineered structures must be desiar ed_and-inspected by a Texas-registered 1 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. j 116. Approved en ineer's inspection. It is the certifying en ineer'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. i '7. All non-engineered structures must be inspected by an inspector certified by the Texas Department of Insurance or by a Texas_registered professional engineer. "8. A Certificate of Compliance, Form WPI-8, issued by the Texas Department of Insurance, is evidence of compliance with this section and is required before issuance of a certificate of occupancy. --No substitutions will be accepted. A temporary certificate of occupancy may be issued prior to receipt of the Certificate of Compliance from the Texas Department of Insurance upon presentation of copies of the Building Certificate, Form WPI-2, and all required Field F orms, Form WPI-7, froma Texas Department of Insurance inspector, Texas-registered professional engineer, or the contractor. 119. 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. "(32) Section 190.5 of the Intemational 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 buildina officials designee upon twent -four-hour advance notification from the permit holder or permit holder's authorized_ agent will endeavor to make the following inspections and the other inspections as necessary, and either release that portion of the construction or notify the permit holder or permit holder's agent of any violations which must be corrected in order to comply with the technical construction codes. The permit holder or permit holder's authorized agent shall at the time of the request for inspection provide a physical address for the job site, the permit number for the project, and the type of inspection being requested__ It is the respon_sibi_lity of the permit holder or the 44 —106— i 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. "(33) Section_711.1 of the International Building Code is revised to read as follows: "191.1 Use and occupancy. No_building or structure shall be used or occupied,-and no change in the existing occupancy classification of 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 cit} "(34) Section 113 the .Intemational Building Code is deleted. Refer to Section 14-206(a) j Technical Construction Boards for details on the establishment, duties and powers, and appeals process of the building code board of appeals. "() Section 914.4 of the International Building Code is deleted. Refer to Section 14-207 Violations and Penalties. "(36) 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 wallpartition, or separations is at least two (2) feet (sixty-one hundredths (.611 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 —107— i 1 1l 424.3_Aisles. Aisles are considered a public way for exit Purposes and may not be ermanently 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 j 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 I occupancy loading may not exceed the occupancy capacity of the access aisles. "SECTION 425 "LOCATION OF BUILDINGS NEAR OIL AND GAS WELLS "425.1 General. The presence of oil and -gas-wells within the city presents the risk of blowouts 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 pas 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 ventilations stems complies with this section. "(37) Section fFl 907.2.3 of the International Building Code is revised to read as follows: 46 —108— I I "907.2.3-Group, E. A manual fire alarms stem that activates the occupant notification system in accordance with section 9.07.5 shall be installed in Group E occupancies. Smoke alarms shall be installed in all educational occupancies, including but not limited to day care centers elements 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 NEPA 72. "(38) Section 992.2 of the Intemational 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 9101.2 of the Intemational 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 sub'iect to chapter 469 of the Texas Government Code chapter 63 of the Texas Administrative Code, and the Texas Accessibility Standards shall be reviewed under procedures established by the Texas Department of Licensing, and Regulation in chapter 63 of title 16 of the Texas Administrative Code and the Texas Accessibility Standards. "(40) Section 1609.1.1 of the Intemational 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 anv horizontal direction and wind pressures shall be assumed to act normal to the surface,considered. "Exceptions: Ill. Subject to the limitations_of section 1609.1.1.1, the provisions of ICC 600 shall be permitted for applicable Group R_2 and R-3 buildings. "2. Subject to the limitations of section 1609.1.1.1,_ residential structures using the provisions of the AF&PA WFCM. 1`3. Subject to the limitations of section 1609.1.1.1, residential structures using the provisions of AIS] 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 —109— I f "6. 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. E "() Section 1612.2 of the Intemational Buddinq Code is amended by adding the followinci l definitions to read as follows: "SUBSTANTIAL DAMAGE. Damage of any ori in sustained.by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of M 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 a raiser. "SUBSTANTIAL IMPROVEMENT. Anyre it reconstruction rehabilitation addition or improvement of a building or structure the cost of which a uals 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: ". 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 "L,4.21 Section 1612.3 of the Intemational 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 ma 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 Stbdv for the City of Corpus Christi Texas Nueces and Kleber_4 County)' dated July 23, 1971, as revised on September 17 1992, and including the accompanying Flood Insurance Rate Map (FIRM), Flood Boundary and Floodwav Ma 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. 43 Section 3107 the Intemational Building Code is deleted. "1441 Chapter 39 of the Intemational Building Code is amended by adding new section 3111 to read as follows. 48 —1 � Q— "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 'I 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 ier, 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, piers 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, J 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 7GLO") 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 fac[Vty_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 1.11 (which contains information for end users/specifiers) and AWPA Standard T1 (which contains treating re uirements for manufacturers). 3111.3.1.3 Piles shall be driven to a minimum penetration below the mud line equivalent to one-half 112 the length of the cut-off pile. 49 —111— 'I "3111.3.1.4 Piers shall be desioned_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. "31.11.3.1.5 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 floodwav maps of the city or the__County__in_determinin the he 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 T 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 Hardwareshall 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 Desian. 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 rebuilt at their ori inal elevationprovided that at least seventy five 76percent of the existing pilings are found__to be sound. The building official shall make this determination. All piers not meeting this requirement shall be removed. "3111.3.3,2 Damaged piers not completely rebuilt shall be completely removed. " Section 3401.2of 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 —112— 1 - 1 operations, after the applicable surve fees are aid. If the structure or services stern is found to be damaged in excess of fifty 50per 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 s stem 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_toone (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. "Except on; 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 02) months to an existing building, structure, or service system, the entire buildings 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 housina 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. "L47 Section 3409.1 of the InternationalBuild_in_g Code is _amended by adding anew 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 mandato 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 fora permit for the.work, the. applicant must submit documentation acceptable to the building official 51 —� 13— 1 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. " 4$ Section 3490 of the lntemational 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 a any sidewalk street alley, or highway within the cit V limits without first obtainin a house moving permit from the building official. "2. House mover's license re uired. 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, and width of the building. "d. Present and proposed location of the building by lot, block, subdivision, and street numbers. "e. Approximate time the building or structure will be upon the streets and the route that will be taken from the present to the new location. The route must have been reviewed and approved by the city's traffic engineer. 114. Owner's deposit and agreement reauired. 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 reauired 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. 11 5. Substandard buildings and structures. Upon,forfeiture of the owner's deposit and depending upon the state of completion of the building or structure and the site, the building official must initiate a substandard case against the property through 52 —114— 1 _y i the code_enforcement administrator of the city's neighborhood services department. "S. 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. "b. The bond must indemnify the city against any damage caused by the moving of the building to streets, curbs, sidewalks, shade tree% 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. re wired 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, repairin9any 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. 117. !m mvements 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 reguired 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 —115 of the .issuance of the house moving permit, make any necessary improvements that are required in order to brine the house, building.,, or structure into compliance with the requirements of the city's codes, zoning ordinance, and platting ordinance. l "b. The application for building perm it,.if for a permanent dwelling within the city or city's extraterritorial iurisdiction, 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. 11 9. Exemptions for moving smaY buildings, mobile homes, HUD-code manufactured _ housing, or industrialized buildings. "a. Any building or structure for which the maximum dimensions are less than thirteen -03) fleet, six (6) inches in height, twelve (12) feet, zero (D) 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 ermit. "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. 191. 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 Douse mover's license shall apply to the building official fora house mover's license. "3: The applicant in the applicationmust state the name„and address of all persons owning any interest in the house moving business. 54 -116- i i 1[4. The applicant must pay at the time of application the annual house mover's license fee specified in Section 14-1313 Technical Construction Codes Fee Schedules. 1 "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. j "3410.2.3 House moving permit required. Ill. - p _ _ 1. No person may move house, building, other structure without first obtaining a house moving permit. 12. House moving permits may only be issued to the holder of current and valid house mover's license. 113. 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, Paymentsand 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 pales, 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. 12. The house mover must_ obtain an approved route from the city traffic engineer,ineer, andsecure 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 —117— i "b. 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 foundations stem 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. "b. 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. 946. Requests for reinstatement of a house-mover's suspended or revoked license may be filed by the house mover with the building official. 56 —118— i "a. The house mover must submit documentation indicating that the house mover has completed the work or corrected the problem that lead to the infraction and has taken measures to prevent future infractions. It, A license reinstatement fee must be paid before a house mover's license is reissued as provided for in the permit fee schedule. ! "3410.2,5 Amount of house mover's bond. 1. The amount of bond required by section_3410.2(5) 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 ive 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 dischar ed by one U 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. 112. 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. " Section 3492.2 of the lntemationai Building Code is revised to read as follows. "341-2.2 Applicability. Structures existing prior to the effective date of this Ordinance in which there is work involving additions, alterations, or char-ges 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 Hort. "(50) APPENDIX L is added to read as follows: 57 —119— "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. "1101 DEFINITIONS "1101.1 Definitions. As used in this Appendix, the following terms,.,have these a' 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: Ill. Built on a permanent chassis; I "2. Desi ned for use as a dwelling, 113. With or without a permanentfoundation when the structure is, connected to the required utilities; I* Transportable in one or more sections; and - 1.5. 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 ti condionin and electricals stems contained in the structure. "The term 'HUD-code manufactured home' does not include a recreational vehicle, as defined by section 3282.8(8) 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; 112. 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 414. 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 Licensin and Regulation the "Commission" to indicate 58 —120— _J compliance with chapter 1202 of the Texas Occupations Code and the Commission's implementing rules. The term `industrialized housing' includes the plumbing, heating, air 1 conditioning, and electrical systems contained in the structure. "The term `industrialized housing' does not include: "l. 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 - moduiar component; or 1(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) o more built on a permanent chassis and desi ned 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' fora_ dwelling built before June 15, 1976 does not include a HUD-code manufactured home. "Portable buildinci. 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. '1102 PORTABLE BUILDINGS '1102.1 All portable buildings located within the city shall be securely anchored_to the ground by a means described in L106. "1102.2 When hurricane warnings or watches issued by the NO_AA National Weather Service are in effect for the city, a portable buildinqshall, in addition to being permanenfly 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. "1102.3 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. "1103 TRAVEL TRAILERS 59 —121 — I "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 buildinq is declared to be a public nuisance and threat to the public safety and welfare. "L104 HUD-CODE MANUFACTURED HOMES AND INDUSTRIALIZED HOUSING UNITS °L104.1 Unoccupied HUD-code manufactured homes located on mobile home dealer sales lots and industrialized housing units not installed on a permanent site shall be anchored at a minimum at each corner of the mobile home. "1.104.2 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. "1105 TIE-DOWN METHODS "1105._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. "1105.2 Approved tie materials and connectors. IT Galvanized or stainless steel cable: Three-eighths (318) inch, 7 x 7 cable (seven (7) strands of#7 wires). "2. Galv-aniied aircraft cable: One-quarter inch, 7 x 19 cable (seven (7) strands of #19 wire 113. 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 (518) inch with ends welded closed to form an eye. 11 6. Turnbuckles: Five-eighths-.(5/8) inch drop forged,closed eyes. 147. Other tensioning devices of similar strength that are approved. 60 —122— { I "L105.3 Minimum workina loads and overloads. I. 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). 512. Portable-buildings. Anchoring equipment for Portable buildings shall be capable of resisting all allowable working loads equal to or exceeding three thousand one hundred fifty X3,150) pounds and withstanding fifty (50) percent overload (flour thousand seven hundred twenty five (4,725) pounds total). "3. Mobile homes. Anchoring equioment for mobile homes shall be capable of resisting all allowable working loads a ual 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). "1105,4 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 L10S.4.1 NUMBER OF VERTICAL TIES PER SIDE Mobile Home Number of Vertical Ties Box Width(feet) Required 10 12 14 i 75 Mobile Home Box Length (feet) too too 80 5 56 80 35 56 60 to to to 4 46 75 79 33 38 40 to to to 3 34 55 59 33 33 to to 2 37 39 "Note: The vertical ties nearest the end of the unit shall be placed between four (4) and ei ht-(8) feet from the end. TABLE L105.4.2 NUMBER OF DIAGONAL TIES PER SIDE All Box Widths Number of Diagonal Ties Required Mobile Home Box 33 to 43 4 Length(feet) 43 to 52 5 61 -123- 1 a 53 to 63 6 64 to 73 7 74 to 80 8 i "Note: . The diagonal ties nearest the end of the unit shall be placed between four 4 and eight (8)feet from the end. "1106 ANCHORING EQUIPMENT AND GROUND ANCHORS "1106.1 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 lane at least eight 8 inches wide. 412. 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 (518) inches in diameter with a welded eye at tap. 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 —124 i i 1 , f�L• WYr3 6NY.Mo. YH rk VIum rA81-W(7 _ �rs AP 7k'(a[4eF UP,a Fxr.ARM mu-q4.Ir,i91 �4'a l Ttl sem mm 1/2-ho TAKE a ws esc�rxra OR rA 3 e=mcru aKMsAs rswaZ � caO�� aN O W . nr arm DE OF a W=u i ms wmx ��xoa osr,�ns ,rr�n• aS ME—\ ' r 71EGOWNMW DETAIL C a s ea, UST..� APPRDVEO APPNMING — i CENLOAPAROVEO xn S CLE4 A TUR = z NBll .rn Mr� U rxs��s icerd "Em srws A r�aa J a VAMONMMILEHOME ANCHORINGSYBIPM DX an SO,A m. 1.we,h•.rr � a. 3 - 7.suu ML y cx Mr Sin L106.3 nEua® 9OILAUGEROEtAE RECOMMENOEOKM4G E wcrn•:a 5, VAP V.r.p '1106.4 Piers and footings shalt: "1. Be spaced at ten (10) foot intervals on both frame rails with end ones no further than one (1) foot from the end. 442. Include 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, "4. 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 -125- I "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. 11 11106.5 Patio and cabana roofs shall: 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. 4'3. Ensure that tip out rooms will be held by over-the-home ties at the outer edge. "4. Ensure that clerestory roofs include aver-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 Buildinq Code 2009 Edition as published by the International Code Council, a co Py which, authenticated by, the signatures of the mayor and city secreta[y, 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: "M 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."' "(2) Section 10 1.5 of the Intermational Existing Building Code is revised to read as follows: "101.5 Compliance methods. The repair, alteration; change of occupancy,_addition or relocation of all existinq buildings shall comply with one of themethodslisted in Sections 101.5.1 through101.5.3 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,reaardless of which compliance method is used. "Exception 1: Subject to the approval of the code official, alterations complying with the laws'in existence at the time the building or the affected portion of the building was built shall be considered in compliance with the provisions of this code unless the building is undergoing more than a limited,structural alteration as defined in Section 807.4.3. New .structural members added as part of the alteration shall comply with the International Building Code. Alterations of existing buildings in flood hazard areas shall comply with Section 601.3. "Exception 2: Any alterations or repairs to the building or structure are subject to the fifty 50 er cent rule in subsection 110.1.1 and 110.1.2 of this section. 64 —126— i ,I 1 "Fifty L50) 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 i value of the building, 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 re airs are funded wholly or in part b j federal housing assistance funds. "Determination of value. The value of the building, structure and/or service„system is i 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, "(3) Section 110..1 of the lntemational 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 nochange in the existing occupancy classification of a building or portion thereof shall be made until the code official has issued, a certificate of occupancy therefore as provided herein. Issuance of a _certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. "(4) Section 112 of the International Existing Buildin-. Code is deleted. Refer to Section 14- 206(a) Technical Construction Boards for details on the establishment, duties and Owers and appeals process of the building code board of aDPealS. "(5) Section 113 of the international Existing Building Code is deleted. Refer to Section 14- 207 Violations and Penalties. "(6) Chapter 12 of the International Existing Building Code is deleted. Refer to Section 3410 of the International Building Code. "M Section 1301.2 of the Intemational 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, BL_E, F M R, and S. These provisions shall not apply to buildings with occupancies in Group H or Group 1. "(8,) Section 1301.4 of the Intemational Existing Building Code is revised to read as follows: 1301.4 Investigation and evaluation. For proposed work covered„by„this chapter, the, building owner shall cause the existing building to be investigated and evaluated by a registered architect or licensed engineer in accordance with the provisions of,sections 1301.4 through 1301.9. "Secs. 14-233 - 14-240. Reserved. 65 . -127- i "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. 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 havinq first been inspected, the authority having jurisdiction shall be permitted to require that such work beexposed 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. "(2) Section 80.15 of the National Electrical Code is deleted. Refer to Section 14-206(!?l Technical- Construction Boards for details on the establishment. duties and powers, and appeals process of the electrical advisory board. "(3) 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: "Rauh inspection must be called for by the permittee or the ermittee's agent and must be made prior to the concealment of the work. "(5) 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. "M 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 —128— i "(8) Section 80.27(B) of the National Electrical Code is revised to read as follows: "(13) Experience. Electrical inspector applicants shall demonstrate the followin : "(1) Have a demonstrated knowledge of the standard materials and methods used in the installation of electric equipment "L2 Be well versed in the approved methods of construction for safety to persons and property "(3) Be well versed in the laws of the cit) relating to electrical work and the National Electric Code, as approved by the American National Standards Institute "(4) Have had at least three (3) Years' experience as an Electrical Inspector or six (6) years in the installation of electrical eguipment.. 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. "(9) Section 80.29 of the National Electrical Code is revised to read as follows: "80.29 Liability for Damanes. 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 "J10 Section 80.35 of the National Electrical Code is deleted. "(11) Section 90.2(B)(5)(b) of the National Electrical Code is revised to read as follows: "b. Are located in Iegally 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„ orother regulatory agencies having jurisdiction for such installations, or "(12) Section 90.2LB) of the National Electrical Code is revised by addinq a new subsection 90.2(B)(6).to read as follows: "L6) Installations of exterior lighting on property Owned or leased by the utility, in public streets or alley rights-of-ways„and in irrevocable utility or electric easements. If the easement on which the outdoor lighting is being installed is not shown on a plat that is filed for record with the county clerk's office, the electrical utility must present a map or survey showing the location of the easement and the location of the proposed outdoor lighting. "(13) Article 90 of the National Electrical Code is amended by„adding anew section 90.10 to read as follows: 67 —129— i I i i "90.10 Individual metering required. A building or buildings containing more than five (5) dwelling units must provide for individual metering or submetering of each dwelling unit. "J1141 Section 210.19 of the National Electrical Code is amended by adding a new subsection - i 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 refria_eration equipment. ".0 6) Section 210.52jB)(2) of the National Electrical Code is amended by adding a new exception No. 3 to read as follows: "Exception No. 3: A receptacle or electrical connection installed to power a vent hood located in a kitchen above a cooking surface. "(17) 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 "L18) 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. "(1) 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. "(2) 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 _180_ i "(3) Not more than three (3) receptacles {duplex) may be installed on each required bathroom circuit in dwellings. i "(4) 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 s.u_b feeds to electrical distribution panels must„run in conduits or raceways. A masthead used for support of service drop conductors must extend not less 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 addin-q new subsections 230.70(D) and 230.70(E) to read as follows: IDI-Minimum_ Fault Current Protection. All electrical service entrance equipment, except for temporary construction loops, must be provided with fault current protection of not less than twenty-two thousand (22.000) amps. When approved by the building official or his authorized representative, the provisions of this article need not apply to any Particular installation for which compliance with this code has been certified by a professional registered engineer in the State of Texas. "(E) Exception For Certain Lighting Fixtures Installed„ on Poles. A service disconnect means is not-required-on__a pole with a lighting fixture, if: "(1)The pole is in a location accessible to the public, such as in parking lots parks, etc , and a disconnecting means is_installed in the circuit powering the fixture at a secure location, or "(2) The fixture and all wiring providing power to the fixture are under the exclusive control of an electric distribution utility. "(21) Section 250.520)(5) of the National Electrical Code is revised to read as follows: "(5) Rod and-Pipe Electrodes._Rod and_ppe electrodes shall not be less than 2.5_m (8 ft) in length_and shall consist of the following materials. "(a) Electrodes of pipe or conduit shall not be shall be smaller than metric designator trade size 314), and must be made of brass or copper. "(b) Nonferrous rods shall not be less than 13 mm ( 112 in;) in diameter. "u _ is amended by adding anew subsection 22 Section 300.,? of the National Electrical Code cL_ 300.I(D) to read as follows: 69 -131- F } "(D) 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 cables will not be required when structures, which were originally constructed and used as single-family, single-story, residential-use buildings, are converted to commercial usage if, at the time the building is converted to commercial usage, the preexisting electrical wiring, equipment, and fixtures in such structures conform _to all other applicable provisions of this code. "(b) To obtain the benefit of the exemption granted_ by this article, the owner or occupant of such Building must obtain an inspection for a certificate of occupancy as required. "(c) Any installation of new electrical wiring,fixtures or apparatus installed in any building which was converted to commercial usage, or any rewiring of such structure must be wired in raceways or metal clad cables. "(2) Constructionidevelopment 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: "M 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: "Exce tion No. 1: The minimum size conductor that may be used on any circuit, except a lighting circuit, is 12. "(26) Article 408 of the National Electrical Code is amended by addinq 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 —132— "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-ad cent 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: "444.19 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. "081 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 rating eguipment. 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: "594.8 Underground Wiring._ Underground wiring shall be installed in schedule 80 Electrical PVC. -Any portion of electrical_wiring.or equipment that is below the surface of a Class I Division 1 or Class I Division 2 location as classified in Table 514.3(B)(1) and Table 514.3(B)(2)1 shall be considered to be in a Class I. Division 1 location that shall extend at least to the point of emergence above grade. Refer to Table 300.5 of this code. "Exception No. 1: Type MI cable shall be permitted where it is installed in accordance with Article 332. "Exception No. 2: Rigid nonmetallicconduit complying with Article 352 shall be permitted where buried under not Jess than 600 mm (2 of cover. An equipment crrounding conductor shall be included to provide electrical continuity of the raceway system and for cirounding of non-current-car in metal parts. 71 -133- { 1 "f LO) Chapter 6 of the National Electrical Code is amended by addinq_a new article 696 to read as follows: "ARTICLE 696 "ELECTRICALLY-CHARGED FENCING j "698.1 Electrically-charged fencing. Installation of electrically-charged fencing for the i 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 L?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 Energy 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 Carpus Christi: Section 101.1 of the International Energy Conservation_Code is revised to read as follows: 101.1 Title. This code shall be known as the Energy Conservation Code of the City of Corpus Chris-fl, and shall be cited as such. It is referred to herein as 'this code.' 121 Section 108.4 of the Infemational Energy_Conservation Code is deleted; Refer to Section 14-207 Violations and Penalties. "Sec. 14-252 - 14-260. Reserved. "DIVISION S. 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-EgWipped with ra Hoods. Category'I Appliances and Appliances Listed for Use With Type B Vents; Appendix C, EExit Terminals of Mechanical Draft and Direct-Vent Venting Systems, and Appendix D Recommended Procedure for Safety Inspection of an_Existing Appliance_ Installation (see International Fuel Gas Code Section 101.3 2009 Edition)1, as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made, ublic record by this Section and on file in the city secreta 's office is incorporated b reference and adopted_as the Fuel Gas Code for the City of Corpus Christi:_ "(1) Section 101.1 of the Intemational Fuel Gas Code is revised to read as follows: 72 —134— 1 E 101.1 Title. These re ulations shall be known as the Fuel Gas Code of the City of Corpus Christi, hereinafter referred to as 'this code.' "(2) Section 106.6.2 of the International Fuel Gas Code is revised to read as follows: ows. 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 All, Development Service Fees, of Chapter 14, Development Services, of the City Code of Ordinances. Section 106.6.3 of the lntemational 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 i 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 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_d_amage_or break the piping or cause corrosive action, clean backfill shall be on the iob site. 112. Under floor inspection must be called for by the permit holder or the permit holder's agent, and must be made after all the oipinq 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. 113. Rough-in_ inspection shall be_made after the roof, framing, fireblockina and bracing are in place and components to be concealed are complete, and prior to the installation of wall or ceiling membranes. 114. Final inspection shall be made upon completion of the installation. 73 —135— 1 "The requirements of this section shall not be considered to prohibit the operation of anv heating appliance installed to re lace 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. Sections 108.1__throug_h_10.8.4 of the International Fuel_Gas_Code are deleted. Refer to Section 14-207 Violations and Penalties. "(6) 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 bein 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.ememencv 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. "M Section 109 of the lntemational 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. "(8) 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 not less than 18 inches (457 mm) above the floor in hazardous locations, public garages, private garages, repair garages, motor fuel-dispensihq facilities, and parking garages. For the purpose of this section rooms ors aces 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 permifted 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 providinq 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 —136— I "Exception: This section shall not apply_to_a.opliance installations complying with section 305.4. Section 403.90.1 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 fittin s. All threaded bushings shall be prohibited. a "N 0) Section 404.10 of the Intemational 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). "0 1) Section 406.4 of the Intemational 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 secreta 's office is incorporated by reference and adopted as the Mechanical Code for the City of Corpus Christi: "(1) Section 101.1 of the Intemational 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: "106.6.2 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 106.5.3 of the Intemational 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 —137— i i 1. The full amount of any fee paid hereunder which was erroneous! aid or collected. 112. 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 Maid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment. �i "L41 Section 907.2 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 necessa and shall either release that portion of the construction or shall notify the permit holder or the permit holders 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 thepiping or cause corrosive action, clean backfill shall be on the iob 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. "I 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. 114. 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. "L51 Sections 108.1 through 10$.4 of International_Mechanical Code are deleted. Refer to Section 14-207 Violations and Penalties. 76 —138— 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 beinq 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, a 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 Intemational 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. "(8) Section 304.3.1 of the Intemational 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. "(9) Table 403.3 of Intemational Mechanical Code is revised to read as follows: 77 —139— f "TABLE 403.3 "MINIMUM VENTILATION RATES PEOPI.EDUTDOOR AREAOUTOOOR iiAIRFLOW RAM rd ANLOWRATEIN OCCUPANCYCLA881FICATZ IRE MMZONE BREAVINO ONRRA DEFAULTOCCUPAAC E%RUTAIRFLOW i CFNIPERBON CFh11P0a DENOT(MBDOFT2a RATECFNIFTla Correctional hclllllea Celle althoulplumurigildmse 5 0.12 25 _ � Alh*nNng Mum 6 0.12 25 1,0 seek ( halls T — — (Bae 10Dd Bnd baJBrege aeNice) GuardBWkms 5 4,96 15 — Daymam 5 0,06 30 — BDOKngW6rg 716 0106 50 Dry cleenere,hwmddes Colrwpereleddry deanar 15 — Coin-operded londries 7.5 OA6 20 — Commerclddryclemer 30 — 30 — Commerdd laundry 25 — 10 Stmage,plckup 7.5 012 30 — Rucallon AudhcdLnB 5 D.OB 150 — CDMdDm(see pub9cspaces) — — — Marla canter 10 — 25 = SpDrle IccWrmoma° — 0.12 — 03 MuekAheslerldanoe 10 _ 35 — Smohglounges° 60 D.11 70 ` Daycare Ruough ape 4) 10 0.12. 26 ` Gessrums(ages6.8) 10 0,12 25 — Ciassmoms(age gpl�s). 10 35 — Isdara dommom 7.5 0.08 65 — Lec�reieh(Ilredseab] 7.5 0,01 0 — AllCiSmom° 10 0,18 120 6 60,7 SdBnoalebondorlsO 10 0,18 26 1.0 WDDdlmetalahops° 1018 20 06 Compuhitkb 1D 25 — Mul6uaeassembly 7.5 0.06 100 — Lorkaddreasingrows° — 025 Food and bevempservloe Bare,rmddellbungea 7,6 0,18 100 — Cablada,fad lucd 7,6 4,11 IOD Oining mems 7,6 0,11 70 Isdchena(�oidng)u — — 0,7 Noepllds,nursing end convalaecenl homes Aulopsyr,wBu Medlcalpromdureroome 15 — 20 _ Opereling rows 30 — 20 — Pahantmoms 26 — 10 — PhpbalBrBrapy 16 — 20 _ RecarvervandlOU t 16 20 78 -140- i l z Hotels;motels,resodsand , MuMprsposeassemMy 6 0.09 120 — BalhmamsOOasl—pkte° Bedroom9NN a m 5 0.06 10 — 1 Cardamncelmaabi 6 0.06 50 — Dollarysleap>npareas 5 01 20 Garohlingcashoo 7,6 016 120 _ Lah6lrelpre•fundian 7.5 02 30 Ulcss Conference rooms; 6 0.08 50 — Oince spaces 6 0,06 6 — RaoeplEonanas 5 0.06 30 — Telephoneldelaeni� 6 0.06 6O MalnenlylabHus 6 0.09 10 - Privafe dW ings,oingle and multlple 4.75 Gam is.common for mrdtip{e — — — 100 mpmoar uldls 261100 Garapea sepamteforeach — — -' �uaAi�6 tOlchens° — Bassdrrponnumbar Wgemas° 4,36ACflbalnol — asedupomsute — le6ftwperi i5 bedroom,2;each °u xWonal badnow,I Tailelroam vibah room s Pub4iaapaces Care — 0.00 — — 80vaiarcar _ 1,0 5hmwerfoom(per shorvsr _ 501V head]e — Smmldnglounpes' 60 _ 70 76' Tdlelrooms-publk°. 5 0,46 120 - - PlacesoffellgloUwomhip 5 0,06 70 — Coudrooms 5 0.06 50 — l.egl4a9reOambem 5 0112 10 — Ubr des 7.5 0.12 40 — Mus�ums(d�adren's} 7.5 0,06 40 -- Museumalpledea W stores,ealaslfoom end showroom floors Sales{exosabiN 7,6 012 16 026 DmWng rooms — — — _ Mall common areas 7.6 0.06 40 SldppinpandfaceMng — 0,12 — — Smddnplounpsss 60 — 70 — Simmprooms — 012 — — Werehouses(seeslmrege) — — — — Speclalt)rshops Amlomotwe molor-luel dlspansingdauanss Barber 7.5 0106 26 4b Bea andnelaalonsxh 20 012 26 6,6 -141- i _i Earbalo4sgroem azo Palahops(aoVadereas) 7.5 018 39 0,9 Bupeanarkais 7b Ox B j Bpi — 11 ascoldwfloom 20 0,06 100 _ Baallsg alleps(ItaMg aloes) 10 0.12 40 _ Gemaemsdsa 7.6 ON 20 ` Ice arenasdoul — 030 — oomhudf�sngi�s Gym,stain,amna i area) i Spactalorareas 7.5 0,06 150 — Swimming pools(pod and _ OA _ dedrame) Health dubhemblos mom 20 0108 40 — Hsahhdu6lsralghlroom 20 0.06 i0 -- i i - Wrap Rapolrgarages,eadosed — — — 0.75 PAN grwsd 4Uamhousas — 0106 Rates AudlOpe(am educeb) 5 ON 1151 — LoUbias, 10 0.06 70 — Slapes,atudas 5 0.06 00 - Tickelhcolho Traasporlstlaa PIOM i.5 0.06 100 — TrenspadetleawalOng 7.6 0106 100 — Workrooms Bankvabbbdoposil 5 O,DB 5 Nkomo — — 1.0 C*,MADI;moms 5 046 4 0.5 Meet proce IX, 15 — 10 — 'Pharm y(prop.eme) 5 0,18 10 — Ph*MOM 5 0.12 10 — Compufer{ Ihoutpdntlng} 5 0106 4 - -142- I 1� I "For SI: 1 cubic foot per minute=0.0004719 m3/s: 1 ton=908 kcr 1 cubic foot per minute per square foot i 0.00508 m3I(s om2): C=C(F)-32111.8; 1 square foot=0.0929 m2. "a. Based uvon net occupiable floor area. � — T "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 bi these re uirements unless the occupancy is continuous. i "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 t rovided 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 rovided where the exhaust system is designed to operate intermittently. The lower rate shall be permitted where the exhausts stem is designed too erste continuously duhng normal hours of use. I "9 Mechanical exhaust is required and recirculation is prohibited, except that redreylation shall be permitted where the resulting supply airstream consists of not more than 10-Percent air recirculated from theses aces 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 arecar)able of exhausting a_minimum of 50 cfm per station. 1101 Section 506.1 of the Intemational Mechanical Code is revised to read as follows: "505.1 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. Plumbina Code. With the following additions deletions and revisions the International Plumbing Code, 2009 Edition_jincludin4 Appendix C_,_Gray Water Re yclina Systems: Appendix E, Sizinq of Water Piping; Appendix F, Structural Safetv: and Appendix G, Vacuum Drainage S stem see International Plumbing Code Section 101.2 2009 Edition as published by the International Code Council, 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 secreta `s office Is incorporated by reference and adopted as the Plumbing Code for the Cit of Corpus Christi: Section 101.1 of the Intemational Plumbing Code is revised to read as follows: 101.1 Title. These regulations shall be known as the Plumbing Code of the City of Corpus Christi, hereinafter referred to as `this code."' Section 106.6.2 of the Intemational Plumbing Code is revised to read as follows: 81 —143— I "106.6.2 Fee schedule. On buildings, structures electrical as mechanical and Plumbing systems or alterations-re2uirinq a permit, a fee for each permit shall be paid as required in accordance with .the applicable schedule referenced under Article X111, Development Service Fees, of Chapter 14, Development Services, of the City Code of Ordinances. ' "(3) 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. 112. - 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 permiftee not later than 180 days after the date of fee payment. "(4) Section 907.2 of the Intemational 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 glace. "2. Under floorlpre-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 pre ssure_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 wail or ceiling membranes. 114. 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. "(5) Section 908.4 of the Intemational 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 —144— 1 7 i Misdemeanorpunishable 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. "M 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 bein❑ done contra 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_tothe 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 emer-gency exists the code official.shall not berequired 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. "M Section 109 of the Intemational 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. "(8) Section 202 of the Intemational Plumbing Code is amended by adding the following definition to read as follows: "BACKFLOW PREVENTION ASSEMBLY TESTER. A Backflow Prevention Assemblv 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. "L Section 309.3 of the International Plumbing Code is amended by adding a new subsection 301.3.1 to read as follows: "301.3.1 Design. The plans and installation of a gray water disposal system providing for the storage of gray water must be designed and certified by a registered professional engineer or registered professional sanitarian. "Exception: Bathtubs, showers, lavatories, clothes washers, laundry_ trays, and condensate water from cooling coils shall not be required„to discharge to the sanitary drainage system where such fixtures discharge to an approved gray water system for flushing of water closets and urinals or for subsurface landscape irrigation in accordance with Appendix C. "LUO Section 305.6.1 of the International Plumbing Code is revised to read as follows: "305.6.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be a minimum of 18 inches below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 12 inches below _grade. The minimum depth of building sewers and building sewers connected to private sewage disposal systems shall be determined by the code official. "(11) Section 606.2 of the Intemational Plumbing Code is revised to read as follows: 83 —145— i J1� 1 ' "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 shutoffvalves in hotels, motels, boarding houses, and similar occupancies. "2. On the water supply pipe to each sill-cock, hose bib, or wall hit. 113. On the water supply pipe to each appliance or mechanical equipment. "f L21 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 b-)t-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. "LU3 Section 608.14 of the lntemational 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 testin% 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. "JU4 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 standobe 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: "605.16.5 Connections to lawn irrigation systems. The potable water supply to Lawn irri ation_ 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 —146— II I i not be used. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventer. "(16) Chapter 6 of the Intemational Plumbing Code is amended by adding anew section 614 to read as follows: "SECTION 614 "LAWN IRRIGATION SYSTEMS "614_1 Landscape_Irrigation Systems. Landscape Irrigation Systems are required to compluwith chapter 344 of part 1 of title 30 of the Texas Administrative Code. "(17) Tables 702.9 702.2 and 702.3 of the International Plumbinq Code are revised to read as follows: "TABLE 702.1 "ABOVE GROUND DRAINAGE AND VENT PIPE MATERIAL STANDARD I i Acrylonitrile butadiene styrene ASTM D 2661; ASTM F 628• (ABS) plastic pipe in IPS ASTM F 1488;CSA B181.1 diameters, including Schedule 40, DR 22 (PS 200) and DR 24 (PS 140); with a solid, cellular core or composite wall Brass_pipe ASTM B 43 Cast-iron pipe ASTM A 74; ASTM A 888; CISPI 301 Copper or copper-alloy pipe ASTM B 42: ASTM B 302 Copper or copper-alloy tubing ASTM B 75; ASTM B 88: T e K L M or D ASTM B 251- ASTM B 306 Galvanizer) steel pipe .ASTM A 53 Glass i e ASTM C 1053 Polyolefin pipe ASTM F 1412; CAN/CSA 6181.3 Polyvinyl chloride (PVC) plastic ASTM D 2665 pipe in IPS diameters, including schedule 40 Polyvinyl chloride (PVC) plastic ASTM D 2665 pipe in IPS diameters,, including schedule 40 Polyvinylidene fluoride (PVDF) ASTM F 1673: CAN/CSA lastic i e B181.3 Stainless steel drainage systems, ASME A112.3.1 Types 304 and 316L 85 —147— i "TABLE 702.2 "UNDERGROUND BUILDING DRAINAGE AND VENT PIPE 1 MATERIAL STANDARD AcEylonitrile butadiene styrene ASTM D 2661 ASTM F 628; LABS) 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 com osite wall Asbestos cement-pipe ASTM C 428 Cast-iron pipe ASTM A 74; ASTM A 888; CISPI 301 Copper or copper-alloy.tubing ASTM B 75; ASTM B 88; jType K L M or D ASTM B 251 ASTM B 306 Polyolefin pipe ASTM F 1412; CAN/CSA B 181.3 Polyvinyl chloride (PVC) plastic ASTM D 2665 J pipe in IPS diameters, including schedule 40 Polyvinylidene fluoride (PVDF) ASTM F 1673; CANICSA lastic i e B181.3 Stainless steel drainage systems, ASME Al 12.3.1 316L "TABLE 702.3 "BUILDING SEWER PIPE MATERIAL STANDARD Ac lonitrile 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 AAc (lo_nitrile butadiene styrene ASTM F 148_8; ASTM•D 2751 {ABS) plastic pipe in sewer and drain diameters, including SDR 42 LPS 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- i e ASTM C 428 Cast-iron pipe ASTM A 74; ASTM A 888; CISP1301 Concrete pipe ASTM C14, ASTM C760 86 —148— IE CAN/CSA A257.1 M: CAN/CSA A257.2M Copper or copper-alloy tubing ASTM B 75: ASTM B 88• (1yee K and L ASTM B 251 Polyethylene PEplastic pipe ASTM F 714 j SDR-PR l Polyvinyl chloride (PVC)plastic ASTM D 2665 pipe in IPS diameters including schedule 40 Polyvinyl chloride (PVC)plastic ASTM D 3034: CSA 13182.2: pipe in sewer and drain diameters, CSA B182.4 including SDR 35 (PS 46) and SDR 26 PS115 Polvvinylidene fluoride ASTM F 1673; CAN/CSA I (PVDF) plastic pipe B181.3 Stainless steel drainage ASME Al 12.3.1 systems, Types 304 and 316L Vitrified clay i e ASTM C 4o 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 2 '/2 or less x114* 3 to 6 118` 8 or larger 1116* "For SI: 1 inch=25.4 mm. 1 inch per foot 83.3 mmlm.. "Unless otherwise designed by a registered professional engineer. "() 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. "201 Section 708.3.2 of the lntemational 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 buildin.q drain and building sewer, at each chane in direction and at intervals of not 87 —149— 1 i more than 400 feet 122 m apart. Manholes and manhole covers shall be of an approved type. " Section 708.3.5 of the International Plumbing Code is revised to read as follows: 708.3.5 Building__drain_a_nd_ building„ sewer junction. There shall be a two-way double riser cleanout near the function of the building drain and the building sewer. The cleanout shall be either inside or outside the building wall and shall be brought up to the finished ground level or to the basement floor level. The two-way double riser cleanout at this Location serves as the required cleanout for,both the building drain and building sewer. The minimum size of the cleanout at the function of the building drain and - building sewer shall comply with section 708.7. "708.3.5.1 Wye cleanout to public sewer. A wye-type cleanout, not less 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. I "221 Section 708.7 of the international Plumbing Code is revised to read as„follows: "708.7 Minimum size. Cleanouts shall be the same nominal size as the pipe theyserve 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 connection_ s_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. 1-2. Cast-iron cleanout sizing shall be in accordance with referenced standards in Table 702.4 ASTM A 74 for hub and spigot fittin s 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. "(231 Section 710 of the Intemational 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). "f24 Section 802.1.4 of the Intemational Plumbing Code is revised to read as follows: "802.1.4 Swimming pools. Wastewater from swimming vols 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 airciao.' "(25) Section 802.1.8 of the Intemational Plumbing Code is revised to read as follows: 88 —150— _ l "802.1.8 Food utensils, dishes, pots and pans sinks. Sinks used for the washing, rinsing, or sanitizing of utensils dishespots, pans, or serviceware used in the preparation, serving, or eating of food shall discharge indirectly through an air pap. "LL61 Section 802.2 of the Intemational Plumbing Code is revised to read as follows: "802.2 Installation. All indirect waste r)ipina 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. "(27) Chapter 8 the Intemational 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 Intemational Plumbing Code is revised to read as follows: "Section 904.1 Roof extension. All open vent pies. 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 Jpurpose other than weather protection, the vent extensions shall be run at least 7 feet (2134 mm) above the roof. "(29) Section 913.2 of the International Plumbing Code is amended by adding_ a new subsection 913.2.1 to read as follows: "913.2.1 Vertical vents. A vertical vent must be installed on the drain line downstream of the island vent configuration, unless the building drain branch line is at least 3 inches 76mm "(30) Section 916.1 of the Intemational Plumbing Code is. amended by adding a new subsection 916.1.1 to read as follows: "916.1.1 Minimum size of vent stack with water closet. Every sanitary drainage system receiving the discharge of a water closet must have a minimum three 3 inch diameter main vent that is either a vent stack or a stack vent. Such vent must run undiminished in size and as directly as possible from the building drain through to the open air above the roof. "(31) Section 917.1 of the Intemational Plumbing Code. is amended by adding a new subsection 997.1.1 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 vents stem as determined by an administrative authority or code official. 89 —151— JI _1 ! i J "2) Section 9003.2 of the Intemational Plumbing Code is amended bV adding new subsections 1003.2.1 through 1003.2.3 and related figures: "1003.2.1 Minimum requirements for custom grease interceptor per f=igure 1003.2.1, z 0cl: FLL' =j: Z0 Z 0 O d 0 Q W T ' _ii Z a s LL !l-1 i r-Ns z o tl f IL lid lilillIa i1:=1�1��i�ki a III !€ E JO � ; i i', ,!.J E O W WW 1-21I� v�5="I"!i;T!_ p m a Q tlWIC�Irlir = i� m z'twat iC o z t x rJll�3fl�ik I;;; qi i1. J iii LU W aw0� a: .9z � •�ii ��'i. o w WW .zi 7J,-- M .., Z 0 - WW 7 N - .99 90 -152- i 1 "1003.2.2 Minimum requirements for oil and sand interceptors remote from service bay areas per Figure„1003.2.2. i 1 i I 91 -153- 3 mMI O f iu o LU W o , 2 d z j p to 0 w AZ +4 Z II4, 2 LL W 1 "1003.2.3 Minimum requirements for oil and sand interceptors located in service ba areas per Figure 1003.2.3. 92 —154— i i N I � _ h q ?. d uj .. t Oa LL 0 r ao � d y a o Q W � m � a Z LU 5 $ 5 k N o LU V As LU Y W 5'�• Z A � K" A g ©F ms- � a ,�' ! W �C= 6 Mo o o .` o _O LL 0 hC•�r-� � a W ��'' p. � 6 ©© Uf C===c CD JN c Nzrl 1• ii "(33) Section 9003.3 of the International Plumbing Code is revised to read as follows: 93 -155- 7 f "1003.3 Grease interceptors. Grease interceptors shall comply with the requirements of sections 1003.3.1 through 1003.3.7.1. '114 Section 9003.3.9 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 j preparation areas, such as in restaurants, hotel kitchens, hospitals, school- kitchens. 1 I cooking official, grease food preparation or bars, areas where, in the opinion of the building factory cafeterias, clubs, churches, or other commercial f 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_therq ease interceptor. Grease interceptors and automaticrease removal devices shall receive waste only from fixtures and-equipment that could allow fats, _oils, or grease to be discharged. "(35) Section 1003.3.2 of the International Plumbing Code is revised to read as follows: "1003.3.2 Food waste -grinders. In addition to the requirements in section 1003.3.1 where food waste grinders connect to grease interceptors, a solids interceptor shall separate the discharge before connecting to the grease interceptor. Solids interceptors and grease interceptors shall be sized and rated for the discharge of the food waste grinder. Emulsifiers, chemicals, enzymes, and bacteria shall not discharge into the food waste grinder. "(36) Section 1003.3 of the International Plumbing Code_ is amended by adding new subsections 1003.3.6 and 1003.3.7 to read as follows: "1003.3.6 Design criteria andsizina 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 discharginq 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 —156 j _l "1003.3.6.3 Water seal. Each crease interceptor must have an approved water seal of not less than two inches in depth or the diameter of its outlet, whichever is rear. "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. "10_03.3.6.6 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_seyen (- minute retention time and a secondary compartment having a five (5) minute retention time. Refer to Figure 1003.2.1 for details of construction and inlet and outlet piping arrangements. i - "1003.3.6.7 Concrete interceptors. Concrete must be a minimum of 3000 PSI concrete. "1003.3.7 Prohibited interceptors. "1003.3.7.1 Carbon steel. Carbon steel grease interceptors are prohibited in underground applications. "(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 re uired 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 ,168 m3 for the first 100 square feet 9.3 mz of area to be drainedplus 1 cubic foot 0.28 m3 for each additional 100 square feet (9.3 m) of area to be drained into the separator. Parking garages in which_servicing. repairing, or washing is not conducted Shall not reguire a separator. _Areas of commercial garages utilized only for storage vehicles are not required to be drained through a separator. "(39) Section 1003,5 of the International Plumbing Code is amended by adding new subsections 1003.5.1 and 1003.5.2 to read as follows: 95 -157- Jd d "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 213 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. "f401 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 narks 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 I 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__t_rappedin a_drain or drain hose and retards or stops the flow of liquid waste or sewage. "Center. The center of a manufactured home or travel trailer or recreational vehicle is the longitudinal center line located midway between the right and left side. "Combination compartment. A shower stall with or without a door which provides for or includes a water closet. It is sized for occupancy of only one person. "Department having jurisdiction. The administrative authority or other law enforcement agency having jurisdiction over this regulation. "Dependent travel trailer. A trailer coach not 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 -158- i "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 land upon which_ one or more mobile home, travel trailers, or recreational vehicles are parked for temporary or permanent use as living quarters of one or more families. "Park sanitary drainage system. The entire system of drainage piping used to convev 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 terngorary dwelling for travel recreational and vacation usesPermanently identified_ as a travel_ trailer_by the manufacturer on the trailer and, when factors_ equipped for the road, having a body width not exceeding 8 feet, being of any length, rovided its gross weight does not exceed 4500 Ib or being of any weight, provided its overall length does not exceed 29 feet. "Travel trailer or recreational vehicle sanitary service station. One used for emptying waste-holding tanks. "H103 GENERAL REGULATIONS 97 —159— - 1� I i "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 gas and water-tight connection for sewage disposal which shall be connected to an underground sewage collection_system discharging into a public or private disposal system. "H103.2.2 No dependent travel trailer or recreational vehicle shall be Parked at any time in a space designed and designated for an independent travel trailer or recreational vehicle, unless public toilet and bath facilities are available within 200 feet of the dependent travel trailer or recreational vehicle. "H104 PLANS AND SPECIFICATIONS "H104.1 General. The owner oroperator of eve 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 oflans and specifications with the building official. The plans andspecifications shall be in detail as follows: "1. A scaled plot-plan of the park, indicatin g the spaces, area or portion of the park for the parking of independent travel trailers or recreational vehicles. 112. Size location andspecification of the park sanita drainage system. "3. Size, location, and specification of water supply lines. "4. Size, location, and layout of service build, "5. Size, location, specification, and layout of fire protection system. 1-6. A scaled layout of typical trailer or recreational vehicle sites. "Applications shall bear the approval of_local enforcement agencies as to compliance with city or county plumbing, zoning, and health.ordinances. Plumbing required as described by this Appendix shall comply_with all city or county_ plumbing and health ordinances and regulations. The issuance of a permit shall not constitute approval of any violation of this Appendix or of any city or county ordinance, code, or regulation. An approved set of plans and a copy of the permit shall be.kept on the park premises until final inspection has been made. "H105 SERVICE BUILDINGS 98 —1 &0— i i "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. "H106.1.2 The service building shall be of permanent construction with an interior finish of moisture-resistant materialwhich will stand frequent washing and cleaning, well lighted, and ventilated at all times. j "H105.2 Independent_ trailers. Service buildings s 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 fixture _ s 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. "H106.4 Water supply for fixtures. "H105.4.1 Hot and cold water be shall be provided for all fixtures, except water closets. The slap-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. "H10S.4.3_The laundry trays and washing_machines shall be contained in a room separate from the toilet rooms. "H105.5 Floor drains. A minimum 3-inch floor drain shall be installed in each toilet room and laundry room. "H106 MATERIALS "H106.1 General. Unless otherwise provided for in this Appendix, all piping fixtures or devices used in the installation of sanitary drainage and water supply systems for travel 99 i i d 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. "11-11108 PARK SANITARY DRAINAGE SYSTEM °H108.1 Separation of sewers and waters stem. 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 desi mated that the flow will have a mean velocity of 2 feet per second when the pipe is flowing 213 full. "11-11108.5 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 havin jurisdiction over this regulation. "H108.6 Manholes and cleanouts. Manholes and cleanouts shall be Drovided 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. "H108.9 Sewer inlets. Sewer inlets shall be 4-inch diameter and extend above grade 3 to 6 inches. Each inlet shall be provided with a gas-tight seal when connected to a trailer or recreational vehicle and have agas-tight seal plug for use when not in service. 100 —162— j i "H108.10 Travel trailer or recreational vehicle sites. Each trailer or recreational 1� vehicle site shall be provided with a house trap. Sewer laterals over 30 feet from the main park sanitary drainage sewer shall be properly vented and provided.with a cleanout brought to grade. "H108.11 Shortest possible drain connection required. To provide the shortest jossible 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. "H10$.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 sanitarx drainage system shall be subiected 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 'oint or pipe in the system shall have been submitted to a test of less than a 10 foot-head of water. The water shall be kept in the system, or in the portion under test, for at least 15 minutes before inspection starts: the system shall then be tight at all points. "H109 WATER DISTRIBUTION SYSTEM "H109.1 General. Every travel trailer_or recreational'vehicle site shall be provided with an individual branch .service line delivering safe, pure, and potable water. The outlet of the branch service line shall terminate on the left side of the travel trailer or recreational vehicle site. "H109.2 Minimum size. Water service lines to each trailer or recreational vehicle site shall be sized to provide a minimum of 8 GPM at the point of connection with the travel trailer or recreational vehicle distribution system. "H109.3 Backflow and service shutoff. "H109.3.1 A back pressure backflow preventer shall be installed on the branch service line to each independent trailer or recreational vehicle at or near the trailer service connection. Backflow__preventive devices must be of an approved type, certified by a recognized_ testing agency as to compliance and performance outlined herein. Valves must be designed and maintained to close drip-tight at a reduced pressure of not less than 1 nor more than 5psi. Valves must be identified with the manufacturer's name and model number. 101 —163— "H109.3.2 A separate service shutoff valve shall be installed in each branch service line on-the supply of the backflow protective device. l "H109.4 Service connection. The service connection shall not be less than 112-inch diameter no rigid pipe may be used. Flexible metal tubing is permifted. 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 shail 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. "H111 MAINTENANCE "H11I.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. "L411 APPENDIX I is added to read as follows: "APPENDIX I "MANUFACTURED HOMES AND MANUFACTURED HOME PARKS "1101.1 General. The re uirements 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 underpart 11 of ANSI A119.2. "1402 DEFINITIONS "1102.1 Definitions. Definitions contained in chapter 2 of the 2009 edition of the International Plumbing Code and section H102 of Appendix H shall also aqplv to Appendix 1, except where the following special definitions shall apply: 102 —164— i l a i 1 "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 bea 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_under_ground 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 fora permit and file two sets of plans and Specifications with the building official. The plans and specifications shall be in detail as follows: Ill. Scaled plot-plan of the park, indicating the spaces, area, or portion of the park for the parking of independent manufactured homes. "2. Size, location, and specification of park sanitary drainage system. "3. Size, location, and specification of water supply lines. 14. Size, location and layout of service building. See Section 1110. "5. Size, location, specification, and layout of fire protection system. 11 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 acopy 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 —165— I ho-me 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 1 "1107.1 Minimum System. "1107.1.1 The main sewer and sewer laterals shall be installed in a separate trench not less than 5 feet from the park water service or distribution system. See Chapter 6 of the 2009 edition of the International Plumbing Code. I "1107.1.2 The minimum size of pipe in any manufactured home Park sanitary drainage system shall be 4 inches. "1107.1:3 Each manufactured home shall be considered as 15 fixture units in determining discharge requirements in the design of park sanitary drainage and sewage disposal systems. "1107.1.4 Minimum grade for sewers shall be so designed that the flow will have a mean velocity of 2 feet per second when the pipe is flowing 213 full. "1107.2 Discharge. The discharge of a park sewage system shall be connected to a city's sanitary sewer. Where the sanitary sewer is not available, an individual sewage disposal system shall be installed of a type that is acceptable and approved by the code official or other law enforcement agency having jurisdiction over this regulation. "1107.3 Manholes and Cleanouts. Manholes and cleanouts shall be provided as required in chapter 7 of the 2009 edition of the International Plumbing Code,. Manholes and cleanouts shall be accessible and brought to grade. "1107.4 Inlets. Sewer inlets shall be 4-inch diameter and extend above grade 3.to 6 inches. Each inlet shall be provided with a 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 —166— E "1107.5.3 Drain connections shall slope continuously downward and form .no traps. All pipe joints and connections shall be installed and maintained gas- and water-tight. "1107.5.4 No sewage, wastewater, or other effluent shall be allowed to be deposited on the surface of the ground. "1107.6 Testing the system. Upon completion and before covering, the park sanitary drainage system shall be sub1ected to a static water test and inspected by a city plumbing inspector. The water test shall be applied to the drainage system, either in its entirety or in sections. If applied to the entire system, all openings in the piping shall be tightly closed except the highest opening, and the system shall be filled with water to point of overflow. If the system is tested in sections, each opening shall be tightly plugged, except the highest opening of the section under test, and each section shall be filled with water, but no section shall be tested with 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 loint_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 deliverinq safepure, 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 314 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 thewatermeter that services the manufactured home park. Backflow preventive devices must be of an approved-type, certified by a recognized testing agency as to compliance and performance outlined herein. Valves must be designed and maintained to close drip-tight at a reduced pressure of not less than 1, or more than . 5, psi. Valves must be identified with the 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. `7108.5 Size of service connection. The service connection shall not be less than 112- inch diameter; no rigid pipe may be used. Flexible metal tubing-is-not permitted. Fittings at either end shall be of a quick disconnect type, not requiring any special tools or knowledge to install or remove. `7108.6 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 —167— j Ie i . 4 } plus such additional volume as may be required for fire protection of the park, service building other community facilities. °1109 MANUFACTURED HOME CONNECTIONS "1109.1 Correction required. When it is evident that there exists, or may, .exist, a violation of these rules, the owner, operator, lessee, person in charge of the park, or any other person causing a violation shall cause the violation to be immediately corrected or disconnect the service connections and manufactured home drain connection.from the respective park branch service line and sewer lateral. "1109.2 Required drain connections. Manufactured home drain connections shall be of approved semi-rigid pipe, having smooth interior surfaces of not less than 3 inches inside diameter. Drain connections shall be equipped with a standard quick-disconnect screw, clamp-type fitting, or solvent welder, not 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-inde-pendenttravel trailers or recreational vehicles need ody 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 lavato 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 slog-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 marate 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. 11110.6 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 06 —168— i "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. j "Secs. 14-282— 14-290. Reserved. { "DIVISION B. RESIDENTIAL CODE "Sec. 14-291. Residential Construction Code. With the followin additions deletions and revisions, the International Residential Code for One- and Two-Family Dwellings, 2009 Edition including Appendix O, Gray Water Recycling Systems (see international Residential Code Section R102.5 2009 Edition)], as published by the International Code Council, a copy of which, I 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 bx reference and adopted as the Residential Construction Code for the City of Corpus Christi: "M 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.' "(2) 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 fora period of more than six 6 months for residential buildings. "(3) 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. "R10S.10.1 A homeowner's permit may be issued to property owners for construction, alteration installation or repairs within the scope of this code in a single-family residential building owned and occupied by the property owner as their homestead. "R105.10.2 The building official may require the homeowner to demonstrate sufficient knowledge and competence in the respective trade or require drawings delineating the proposed work before issuing a homeowner's _permit for complicated construction of electrical, mechanical or plumbing proiects. 107 —169— Ii 1 93 1 "() Section R112 of the Intemational 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. "U 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: i "TABLE_R301_2(1) i "CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA WIND DESIGN SUBJECT TO DAMAGE FROM GROUND SEISMIC WINTER ICE BARRIER AIR MEAN SNOWDESIGN DESIGN UNDEFLOOD RLAYMENT FREEZING ANNUAL LOAD speed' Topographic CATEGORY' Weathering' FraotRne Termite` TEMP` REQUIRED' H'�RDSF INDEX' TEMPI (Mph) effects' depth' _ 0 120/130 - A Negligible 0 UerVHigh 32-00 N/A 1971 51500 71.5 "For SI: 1op_und per square foot=0.0479 kPa, 1 mile per hour=0.447 m/s. i a. Weathering mgy re wire a higher strength concrete or gade of mason than necessn to satisfy the structural requirements of this code. The weathering column shalI be filled in with the weathering index i (i.e., "negligible," "moderate" or "severe") for concrete as determined from theWeathering Probability j Map Mig_ure.R301.20)l. The grade of masonry units shall be determined from ASTM C 34,C 55, C 62, C 73, C 90, C 129,C 145, C 216 or C 652. b. The frost line depth may require deeper footings than indicated in Figure 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 shalI fill in this part of the table to indicate the need_for-protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [FigureR301.2(4)1. Wind eaosure category shall be determined on a site-specific basis in accordance with Section 8301.2.1.4. e. The outdoor design ft-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 fila in this part of the table with the seismic design category determined from Section R301.2.2.1. g The jurisdiction_shall fill in this part of the table with fa) 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), & the date(s) of the Flood Insurance Study and U the panel numbers and dates of all currently_effective FIRMS and FBFMs or other flood hazard map adopted by the authoriy having jurisdiction,as amended. h. In accordance with Sections R905.2.7.I R905.4.3.1 R905.5.3,1 8905.6.3.1 R905.7.3.1 and R905.8.3.1 where there has been a history of local damage from the effects of ice,damming, the jurisdiction shall fill in this art of the table with "YES." Otherwise the jurisdiction shall fill in this 12art of the table with"NO." L The jurisdiction shall fill in this part of the table with the 100-year return period,air freezing index BF- doys)from Figure R403.312)—Qr from the 100-year(99%)value on the National Climatic Data Center data table"Air Freezing Index-USA Method(Base 32°)"at www.nede.noaa.gov/fpsfhtml. 108 -170- i {I 1 The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 321Fl" at www.nrdc.noaa.gov/bsf html. k. In accordance with Section 8301.2.1.5 where there is local historical data documenting structural dams a 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. Section R302.2 of the Intemational 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 UI- 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. "(8) Section R302.2.4 of the Intemational Residential Code is revised to read as follows: "R302.2.4 Structural independence. Each individual townhouse shall be structurally independent. "Exce tions• Ill. f=oundations supportinq 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. 114. 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. 116. Townhouses separated by a common 2-hour fire-resistant rated wall as provided in section 302.2. "L91 Section 8302.3 of the Intemational Residential Code is revised to read as follows: 109 —171— "R302.3 Two-family dwellings. Dwelling units in two-family dwellings shall be separated from each other by wall and/or floor._assemblies having. not 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: I. A fire resistance rating of 112 hour shall be permitted in buildings equipped throw hout with an automatics rinkler system installed in accordance with NEPA 13. 1-2. Sprinkled building wall assemblies need not extend through attic spaces when the cellinq is protected by not less than 518-inch (15.9 mm)Type X gypsum board i 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 thb ceiling shall also be protected by not less than 112-inch (12.7 mm) gypsum board or the equivalent. "(10) Section M1307.3.1 of the International Residential Code is amended by addinct a new subsection M1307.3.1.1 to read as follows: "M1307.3.1.1 Water heaters installed in ara es. Water heaters havinq an ignition source shall be elevated not less than 18 inches (457 mm) above the garage floor. "(11) Section M1401.4 of the lntemational 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 supgorts or foundations to resist the wind loads specified in section R301.2.1.1. "(12) 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 locationspublic garages, private garages, repair garages, motor fuel dispensing facilities, andparking 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. "(13) Section G2408.2.1 (305.3.9) of the Intemational Residential Code is amended by adding a new subsection G2408.2.1.1 (305.3.1.1) to read as follows: 110 —172— i i "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. "fes Section G2414.10.1 (403.90.9) of the lntemational 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. " Section G2415.10 (404.90) of the International Residential Code is revised to read as follows: "G2415.10 (404.10) Minimum burial depth. All undergroundpiping systems shall be installed at a minimum depth of 18, inches (257 mm) below grade. If a minimum of 18 inches (257 mm) of cover cannot be maintained, the pipe must be installed in conduit or ..bridged (shielded).- ; . " 16 Section P2503.7 of the International Residential Code is amended by adding new subsections P2503.7.1 and P2503.7.2 to read as follows: "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 j 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 reguired 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. "fes Chapter 25 of the lntemational 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. �— 111 —173- i i 112. 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. Section P2601.2_of the lntemational Residential Code is amended by adding a new subsection P2601.2.1 to read as follows: "P2601.2.1 Des!an.—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 pray water recycling system in accordance with_Appendix_O_ "ice Section P2603.6.I of the lntemational 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 lntemational Residential Code is revised to read as follows: T2801.6 Water beaters installed in ara es. Water heaters havinq an i nition source shall be elevated not less than 18 inches (457 mm) above the-garage floor. "(21) Section P2902.5.3 of the lntemational Residential Code is revised to read as follows: "P2902.5.3 Lawn irrination 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 princil2le backflow preventer. "(22) Section P2902.5 of the lntemational 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 lntemational 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 —174— i additional access and clearance must be provided for the required testing, maintenance, and repair. Access and clearance must re uire 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. 1 "(24) 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 se crate 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 '/2 inches. " Section P2904.1.1 of the Intemational 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 crawls aces 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. 12. Clothes closets linen closets and pantries not exceeding 24 square feet 2.2 m2 in area with the smallest dimension not greater than 3 feet 915 mm and having wall and ceiling surfaces of gypsum board. 113. Bathrooms not more than 55 s uare feet 5.1 ma in area. . "4. Garages, carports: exterior porches; unheated entry areas, such as mud rooms, that are ad'acent to an exterior door, and similar areas. " Chapter 29 of the Intemational Residential Code is amended by adding a new section P2909 to read as follows: "SECTION P2909 "LAWN IRRIGATION SYSTEMS "P2909.1 Landscape Irrigation Systems. Landscape Irrigation Systems are required to comply with Chapter 344 of Part 1 of Title 30 of the Texas Administrative Code. "(27) Tables P3002.1 1 and P3002.1 2 of the Intemational Residential Code are revised to read as follows: 113 —175— i "TABLE _P3002.10 "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) i Brass pipe ASTM B 43 Cast-iron pipe ASTM A 74: CISPI 301' ASTM A 888 j Copper or copper-alloy-pipe ASTM B 42; ASTM B 302 Copper or copper-alloy tubing (Type K, L, ASTM B 75; ASTM B 88; ASTM B 251; M or DWV) ASTM B 306 Galvanized steel pipe ASTM A 53 Polyolefin pipe CSA B181.3 Polyvinyl chloride (PVC) plastic pipe in IPS ASTM D_2665, CSA B181.2; ASTM F 1488 diameters, including schedule X40, DR 22 (PS 200) and DR 24 (PS 140) Polvvinvl 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 Sl: 1 inch W 25.4 mm. "TABLE P3002.1 (2) "UNDERGROUND BUILDING DRAIN AND VENT PIPE PIPE STANDARD Acrylonitrile butadiene styrene (ABS) ASTM D 2661.E ASTM F 628; CSA B181.1 plastic pipe in IPS diameters, including schedule 40, DR 22 (PS 200_1_and DR 24 (PS 140) Asbestos-cement pipe ASTM C 428 Cast-iron pipe ASTM A 74; CISPi_301, ASTM A 888 114 —176— i I _1 1 Copper or copper alloy tubing (Type K, L. M or DWV) ASTM B 75; ASTM B 88; ASTM B 251, ASTM B 306 Polyolefin pipe ASTM F 1412; _CSA 8181.3 Polyvinyl chloride PVCplastic Ripe in IPS ASTM D 2665; CSA 8181.2 diameters, including schedule 40, DR 22 (PS 200) and DR 24 PS 140 1' Polyvinyl chloride(PVC).plastic_pip c_with a ASTM D 2949 3.25 inch O.D. I Stainless steel drainage systems, Type ASME A 112.3.1 i 316L I _ "For SI: 1 inch = 25.4 mm. "J281 Section P3005.2.2 of the International Residential Code is revised to read as follows: "P3005.2.2 Spacing. Cleanouts shall be installed not more than 80 feet (24,384 mm) apart in horizontal drainage lines, measured from the upstream entrance of the cleanout. "(29) Section P3005.2.7 of the Intemational Residential Code is revised to read as follows: "P3005.2.7 Building drain and building sewer junction. There shall be a two-way double riser cleanout near the iunction_ of the building drain and building sewer. The cleanout shall be either inside or outside the building wall, provided that it is _brought ug to finish grade or the lowest floor level. "P30.05.2.7.1 Wye 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., "(30) Section P3005.2.9 of the Intemational 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 hint connections, or stack Cleanouts that are not more than one pipe diameter smaller than the drain served shall be permitted. _ "2. Cast-iron Cleanouts sized in accordance with the referenced standards in Table 3002.3, ASTM A 74 for hub and spigot fittings or ASTM A 888 or CISPI 301 for hubless fittings. 115 —177— I i "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 Intemational Residential Code is amended by adding a new subsection P3005.3.1 to read as follows: "P3005.3.1 Minimum velocity, Where conditions do not permit building drains and sewers to be laid with a fall as great as specified in section P3005.3, a lesser_slope may be permitted, provided, however, that the computed velocity will not be less than 2 feet per second. "Exception: When the drainage system cannot.be designed to meet the prescribed code the system must be designed by a licensed engineer. "(32) Chapter 30 of the Intemational 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 drains- e system through an indirect waste pipe by means of an air gap. "(33) Section P3112 of the Intemational 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 confiuration unless the buildingdrain 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. "(36) 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 —178— I I I f "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: 11. Built on a permanent chassis: "2. Designed for use as a dwelling;. 113. With or without a permanent foundation when the structure is connected to the required utilities; "4. Transportable in one or more sections; and 19 5. At least eight (8) body-fleet 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(8) of title 24 of the Code of Federal Regulations. "Industrialized housing. A residential structure that is: 191. Designed for the occupancy of one (1) or more families; 12. Constructed in one or more modules or one or more modular components and built at a location other than the permanent site 113. 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 -179- i I I s . 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; a "2. Housing constructed of a sectional or panelized system that does not use a modular component; or 113. 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) fleet (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. T �� "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 AR 106. "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 AR106, lashed to rigid construction capable of holding the travel trailer 118 —180— IiI - 1 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. a "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 around, 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 ofthe 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 cit . "ARI 05 TIE-DOWN METHODS i "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 (318) inch, 7 x 7 cable_ _(_seven 7 strands of#7 wires). "2. Galvanized aircraft cable: One-quarter inch, 7 x 19 cable (-seven (7) strands. of #19 wire). 113. Steel strap: One and one-quarter inch x_.035 inch galvanized with__.tensioning device. 114. Cable ends secured by two 2 U-bolt clamps. 11 5. Steel rods: Five-eighths (518) inch with ends welded closed to form an eve. T. Turnbuckles:Five-eighths (518) inch drop forged, closed eves. 1-7. Other tensioning devices of similar strength that are approved. "AR105.3 Minimum working loads and overloads. 119 —181— i 1. Travel .trailers. Anchoring equipment for travel trailers shall be capable of resisting all allowable working loads-equal to or exceedin three thousand one hundred fifty_13,150) pounds, and withstanding fifty (50) percent overload (four thousand seven hundred twenty five (4,725) pounds total). "2. Portabie buildings. Anchoiring equipment for portable buildings 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 j overload (four thousand seven hundred twenty five (4,725) pounds total). i 91 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 lift 50 ercent overload four thousand seven hundred twenty five (4,725) pounds total). "AR105.4 Number of Ties. The number of ties required for mobile homes is Drescribed in Tables AR105.4.1 and ARI 05.4.2 as follows: "TABLE AR105.4.1 NUMBER OF VERTICAL TIES PER SIDE Mobile Home Number of Vertical Ties Box Width(feet) Required. 10 12 14 Mobile Home Box Length 46 75 (feet) to to 80 5 56 80 35 56 60 to to to 4 46 75 79 33 38 40 to to to 3 34 55 59 33 33 to to 2 37 39 "Note: The vertical ties nearest the end of the unit shall be placed between four (4) and ei ht 8 feet from the end. "TABLE AR105.4.2 NUMBER OF DIAGONAL TIES PER SIDE All Box widths Number of Diagonal Ties Required Mobile Home Box 33 to 43 4 Length(feet) 43 to 52 5 53 to 63 6 120 -182- I I lI3 I 64 to 73 7 74 to 80 8 "Note: The diagonal ties nearest the end of the unit shall be placed between four 4 f 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 "1. Au er or dead man at least six 6 inches in diameter or arrowhead with flat plane at least eight (8) inches wide_ 112. 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. 113, Anchor rod five-eighths (518) inches in diameter with a welded eve at top. The anchor rod shall be hooked into concrete when used in dead man anchors. "Anchors to slabs shall equal the puli resistance described in AR105. All augers, arrowheads, or anchors shall be made of galvanized steel "AR106.3 Quantity of blocking and anchorage. Approved blocking and anchorage is illustrated in Figure AR-106: 121 -183- 9 1 KW RA SIRl°hS9[qY w WAN Dx M'dD paE -I[r Im U 80 RE Fmis r/SNu6 vK ox 61Y,3R1�5 a�-Ur��q DW A MW R 90 'd[�.W NAV YVAFY 9>a5 - 3➢QS 3} 66r I� ��➢ 7Gk3LZ PR�Il,E� 0.0.6LYE 533 6:1+h7 Y35 �p GP4. pCP fJSFO PA446 TJSP.WL tCOfl NP3�fGlE BF km HK j mA'a 1S'rliil' i am WE TJE SOWN STRAP tm DETAEL0 W. VEa j APPROBLQCICNG :xe i ar�••r t 9'Yrxev�•r•c- I ' DET;�L®AJPAOVEA 65r,Sa a5As�' 2.rxc�..r r nmrtas Y RVATiOHMODUROME ANMMHGSYST34 WE�a I $AY PK Yw J,YW iN'•rd � �_� WYS 6l ARlllb3 DETAJL@ sOiLAVGERCUA� RECOHBJOHOEDBLOCHJHG S•xLu•rr 5.mu:3h'•r•s i "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. 112. 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. "4. For piers, consist of standard eight $ inch by eight 8 inch by sixteen 16inch open cell or thirty (30) inch maximum height solid concrete Mock. 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 —184— i i E "AR106.5 Patio and cabana roofs shalt. 1 "1. Consist of two (2) rows of vertical supoort 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 orequivalent footings. "2. Take into account that other structures on the lot are to be secured. "3. Ensure that ti out rooms will be held by over-the-home ties at the outer edge. "4. Ensure that cleresto 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 —185— I { 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. i i 124 -186- i i I That the foe gomg rdmance was read for the first time and passed to its second reading on this the t day of , 2011, by the following vote: Joe Adame � David Loeb Chris N. Adler � _ John Marez rLtA VI i Larry Elizondo, Sr. 0 Nelda Martinez Kevin Kieschnick Mark Scott 4 Priscilla Leaf That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED: JS day of , 2011: L. Brian area Assistant City Attorney For City Attorney 125 —187— !I i 1 f f 1 1 i i 7 i o� ow•AAGENDA MEMORANDUM xs5� for the City Council Meeting of January 10, 2012 { DATE: 1/4/2012 TO: Ronald L. Olson, City Manager FROM: Armando Chapa, City Secretary (361) 826-3105 armandoc@cctexas.com Discussion and consideration of Appointment of a New Council Member I CAPTION: Discussion and consideration of Appointment of a New Council Member BACKGROUND AND FINDINGS: On January 4, 2012, Council Member Kevin Kieschnick was appointed Nueces County Tax Assessor/Collector. Article VII, Section 5 of the City Charter provides that upon the election or appointment to a non-city public office, such council member shall forfeit his or her office as a member of the council. The appointment of Mr. Kieschnick to the position will become effective upon the swearing-in. Article 11, Section 13 of the City Charter further requires that the remaining council members by majority vote shall forthwith fill such vacancy by appointment of a new council member having the qualifications for such vacancy as established by law. The qualifications for the position are as follows: • Must be a citizen of-the United States. • Must be 18 years of age or older on commencement of the term to be filled. • Must not have been determined mentally incompetent by a final judgment of a court. • Must not have been finally convicted of a felony for which he/she has not be pardoned or otherwise released from the resulting disabilities. • Must have resided continuously in this State for twelve (12) months and in the City and/or District for six (6) months preceding the date of the deadline for filing for office. • Must not owe delinquent taxes to the city. The application process used in the past included the submission of an application form, resume and a financial disclosure form for council consideration. OTHER CONSIDERATIONS: NIA —191— I CONFORMITY TO CITY POLICY: City Charter 1 DEPARTMENTAL CLEARANCES: Legal Department FINANCIAL IMPACT: Not applicable f — Project to Date Expenditures Fiscal Year: 2099-2092 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ I Expended Amount This item BALANCE Fund(s): i Comments: RECOMMENDATION: Appointment of an individual or approval of a process to fill the vacant council position including a timeline to include an application deadline, and a meeting date to interview candidates. LIST OF SUPPORTING DOCUMENTS: Application -192- �I a APPLICATION FOR APPOINTMENT TO THE CITY COUNCIL To: City Secretary I request that my application be considered for appointment to the City Council position. POSITION SOUGHT INDICATE FULL OR UNEXPIRED TERM FULL NAME (First, Middle, Last) PERMANENT RESIDENCE ADDRESS CITY STATE ZIP DATE OF BIRTH VOTER REG. NO. OCCUPATION TELEPHONE NO. Office No.: Home: i LENGTH OF CONTINUOUS RESIDENCE AS OF DATE APPLICATION SWORN In State In City In District or Precinct yr(s) mos yr(s) mos yqs) mos Before me,the undersigned authority,on this day personally appeared(name) , who being by me here and now duly sworn, upon oath says: "I, (name) , of County, Texas, being an applicant for the office of swear that I will support and defend the Constitution and laws of the United States and of the State of Texas. I am a citizen of the United States eligible to hold such office under the Constitution and laws of this state. - have not been finally convicted of a felony for which I have not been pardoned or had my full rights of citizenship restored by other official action. I have not been determined by a final judgment of a court exercising probate jurisdiction to be totally mentally incapacitated or partially mentally incapacitated without the right to vote. I am aware of the nepotism laws, Chapter 573, Government Code (Summaryon back of form). As required by the City Charter, I do not owe delinquent taxes to the city. I further swear that the foregoing statements included in my application are in all.things true and correct." Signature of Applicant Sworn to and subscribed before me at , this the day of , 20� Signature-of Officer administering oath Title of Officer administering oath TO BE COMPLETED BY CITY SECRETARY: Date Received Signature of City Secretary -193- Ii J 1 j Summary of Nepotism Law The candidate must sign this statement indicating his awareness of the nepotism law. The nepotism prohibitions of Chapter 573, Government Code, are summarized below: No officer may appoint,or vote for or confirm the appointment or employment of any person related within the second degree by affinity (marriage) or the third degree by consanguinity (blood)to himself, or to any other member of the — = governing body or court on which he serves when the compensation of that person is to be paid out of public funds or fees of office. However,nothing in the law prevents the appointment,voting for,or confirmation ofanyonewho has been continuously employed in the office or employment for the following period prior to the election or appointment of the officer or member related to the employee in the prohibited degree: six months, if the officer or member is elected at the general election for state and county officers. '. No candidate may take action to influence an employee of the officer to which the candidate is seeking election or an employee or officer of the governmental body to which the candidate is seeking election regarding the appointment or employment of a person related to the candidate in a prohibited degree as noted above. This prohibition does not apply to a candidate's actions with respect to a bona fide class or category of employees or prospective.employees. Examples of relatives within the third degree of consanguinity are as follows; (1) First degree: parent, child; (2) Second degree: brother,sister grandparent, grandchild; . (3) Third degree;great-grandparent,great-grandchild,uncle,aunt, nephew, niece. These include relatives by blood, half-blood, and legal adoption. Examples of relatives within the second degree of affinity are as follows: (1) First degree: spouse,spouse's parent, son-in-law, daughter-in-law; (2) Second degree:brother's spouse,sister's spouse,spouse's brother,spouse's sister,spouse's grandparent. Persons related by affinity(marriage)include spouses of relatives by consanguinity,and if married,the spouse and the spouse's relatives by consanguinity. These examples are not all inclusive. -194- ,� i 1� 1 9 I I� 1 '�� it V i I i l' o� C POP AGENDA MEMORANDUM rss2 for the City Council Meeting of January 10, 2012 { DATE: 1/10/2012 j i TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com - 361-526-3169 Purchase of Police Package Sedans CAPTION: - RECOMMENDATION: Motion approving the purchase of thirty-one (31) police package sedans from Philpott Motors, Nederland, Texas, in the amount of$697,101:75. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. These units are replacements to the fleet and will be used by the Police Department and Crime Control. Funding is available in the FY2011-2012 Capital Outlay Budget of the Fleet Maintenance Fund and the Crime Control District Budget. BACKGROUND AND FINDINGS: The City has approximately 150 marked police patrol units in the fleet. Annually, approximately one-third of the fleet is replaced due to normal wear and tear and/or damage from accidents. The expected life of a marked police unit is 105,000 miles or 3 years. All units recommended for replacement have reached their expected life span for service. ALTERNATIVES: Ford Motor Company has ceased the production of the Crown Victoria police pursuit vehicle. Philpott Motors, Nederland, Texas, currently has thirty-one Crown Victoria pursuit vehicles in stock and available for purchase by the City. They have a limited.. amount of stock of these vehicles and are processing orders for the last remaining inventory. OTHER CONSIDERATIONS: Purchasing these vehicles will allow staff to transfer the existing accessory equipment from the replaced vehicles onto the new vehicles. Doing so will defer approximately $44,000 in accessory equipment costs by at least one year. Additionally, approval of this award will allow staff to continue to evaluate alternative police pursuit vehicles that are entering the market and provide for adequate feedback on their performance in the field. 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: Police Department Crime Control Fleet Maintenance —197— FINANCIAL IMPACT: Operating Expense Project to Date Expenditures Fiscal Year: 2011-2012 CIP on! Current Year Future Years TOTALS Line Item Budget 0.00 $4,660,292.71 0.00 $4,660,292.71 Encumbered 1 Expended Amount 0.00 1,990,367.47 0.00 1,990,367.47 This item 0.00 697,101.75 0.00 697,101.75 BALANCE 0.00 $1,972,823.49 0.00 $1,972,823.49 Fund(s): Fleet Maintenance and Crime Control Comments: j` RECOMMENDATION: Staff recommends approval of the motion as presented. I LIST OF SUPPORTING DOCUMENTS: Price Sheet attached. Approvals: Veronica Ocanas, 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 -198- 1 CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION BI-0089-12 BUYER: ELISA COVINGTON COUNCIL DATE: ,JANUARY 10, 2012 Philpott Motors, Ltd. Nederland, Texas Unit Extended ITEM DESCRIPTION QTY. UNIT Price Price 1 2011 Ford Crown Victoria Police 31 Each $22,487.15 $697,101.75 Interceptor Sedans. Color-White. Police Department and Crime Control Total $697,101.75 i -199- { '� 3 i I 9 i U , R RMS xs � AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 DATE: November 15, 2011 TO: Ronald L. Olson, City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations LawM(c-cctexas.com 361-826-1972 Approval of inter-local agreement with the City of Portland for household hazardous waste disposal. i CAPTION: Resolution approving an interlocal cooperation agreement with the City of Portland for the disposal of household hazardous waste at the J. C. Elliott Transfer Station for an initial term of one year, with up to 19 additional one-year renewal periods; and authorizing execution of the agreement by the City Manager or designee. BACKGROUND AND FINDINGS: The Cities of Corpus Christi and Portland share a common border on the shorelines of Corpus Christi and - Nueces Bays. The majority of residential solid waste from the City of Portland,Texas, is disposed of at the City of Corpus Christi's Cefe Valenzuela Landfill. In the past,Portland residents have not been offered a convenient, economical, and environmentally safe means of discarding household hazardous waste. The absence of customer friendly disposal options increases the likelihood of improper disposal practices. The City of Corpus Christi owns and operates a household hazardous waste collection facility at the J.C. Elliott Transfer Station. The facility is open Monday through Saturday, from 8:00 a.m. to 5:00 p.m., and is available to Corpus Christi residents' use for no additional charge. The City of Portland recognizes the importance of environmental stewardship, and with Corpus Christi,wishes to enter an interlocal agreement to help ensure the proper disposal of household hazardous waste to the benefit of both communities. Fees to be paid by Portland residents are sufficient to recoup all additional costs incurred by the City of Corpus Christi in performance of this agreement. The delivery of household hazardous waste materials must be made to the J.C. Elliott Transfer Station, in conformance with the facility's Site Operating Plan approved the Texas Commission on Environmental Quality (TCEQ). Portland residents must present a valid photo identification card, a City of Portland utility bill dated within two months of the delivery date, and make payment of applicable fees. -203— ALTERNATIVES: 1)The City of Portland could contract with another provider for this service. However,the cost to Portland residents would most likely be substantially higher and would thereby discourage proper disposal of household hazardous waste. 2) City of Portland could do nothing, with potential negative effects on the local environment. - OTHER CONSIDERATIONS: This is a logical partnership, and a cost effective solution, that benefits both the Corpus Christi and Portland communities. I CONFORMITY TO CITY POLICY: All provisions of the proposed agreement are in conformity with City Policy. i EMERGENCY INON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Solid Waste Operations, Management and Budget, Finance FINANCIAL IMPACT: Not Applicable Project to Date Expenditures Fiscal Year: 2011-2012 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item BALANCE Fund(s): Comments: Impact on the FY 2011-12 revenues and expenditures is expected to be negligible. When the terms of the agreement are acted upon, fees paid by Portland residents fully offset operating costs incurred by the City of Corpus Christi. RECOMMENDATION: Approve Interlocal Cooperation Agreement between the City of Corpus Christi and the City of Portland LIST OF SUPPORTING DOCUMENTS: Interlocal Cooperation Agreement between the City of Corpus Christi and the City of Portland Approvals: Elizabeth Hundiey, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan,Assistant Director of Ma2ment and Budget Juan Peraics,Jr., P.E., Assistant City Manager City of Portland Household Hazardous Waste Agreement - One year agreement with 19 annual renewal options - Disposal fee of $0.84 per pound plus $10.00 administrative fee for each load/delivery - Special Fees: fire extinguishers —large $50.00 each fire extinguishers — small $25.00 each propane/petro 5 gal. tanks $50.00 each refrigerant gas tanks $80.00 each Household Hazardous Waste Collection Facility Portland residents will dispose of household hazardous waste at the Corpus Christi's J.C. Elliott o Transfer Station, TCEQ registration no. 40228. Fees paid by Portland residents offset handling and disposal costs incurred by the City of Corpus Christi. N Agreement Helps Protect the Environment Our efforts to dispose of motor oil properly, minimize the use of pesticides and fertilizers, and manage the disposal of household hazardous waste are relatively easy and inexpensive ways to protect the environment. i i l Resolution approving an interlocal cooperation agreement with the city of Portland for the disposal of household hazardous waste at the J. C. Elliott Transfer Station for an initial term of one year, with up to 19 additional one-year renewal periods; and authorizing_ execution of the agreement by the City Manager or designee. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS, THAT: SECTION 1. An interlocal cooperation agreement with the city of Portland, Texas, is approved for an initial one-year term and up to 19 additional one-year renewal periods. Furthermore, the City Manager or his designee is authorized to execute the agreement. i ATTEST: CITY OF CORPUS CHRISTI I Armando Chapa Joe Adame City Secretary Mayor APPROVED: November 29, 2011 E Elizab R. Hundley Assis nt City Attorney for the City Attorney EHres302 Portland Household Haz Waste Disp 20111129 Page 1 of —208— - 1 a 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 i David Loeb John E. Marez Nelda Martinez Marie Scott EHres302 Portland Household Haz Waste lisp 20111129 Page 2 of 2 —209— 1 I INTERLOCAL COOPERATION 1 WASTE DISPOSAL AGREEMENT i BETWEEN THE CITY OF CORPUS CHRISTI AND THE CITY OF PORTLAND �I Portland Household Hazardous Waste Agmt Final 20111007 -210- 0111007 ,2 O_ Page 1 of 10 F TABLE OF CONTENTS i Article Subject Page Number — i1 General Provisions ...................................................................................................3 2 Acceptable Waste................................................ ....................................................5 3 Fees. ........................................................................................................................5 4 Information and Marketing 5 Delivery Procedures .....6 6 Governmental Regulation.........................................................................................6 f 7 Governing Law and Venue 8 Miscellaneous Provisions..........................................................................................7 ExhibitA ................................................................................................................................10 Portland Household Hazardous Waste Agmt Final 20111007 Page 2 of 10 —211— INTERLOCAL COOPERATION WASTE DISPOSAL AGREEMENT This waste disposal agreement ("Agreement") is made between the City of Corpus Christi ("City") and the City of Portland, Texas ("Portland") to address the acceptance, processing, and disposal of acceptable household hazardous solid waste brought by Portland residents to the City's J. C. Elliott Landfill's transfer station ("Transfer Station"). This Agreement also requires Portland residents to deliver such waste to the Transfer Station and pay for the disposal of waste accepted by the City under.the terms and conditions of this Agreement. This Agreement is made by the parties pursuant to the provisions of the Texas Intergovernmental Cooperation Act, Government Code, Chapter 791, to achieve efficiency in meeting intergovernmental responsibilities. = The parties agree to the following: �I i ARTICLE 1. GENERAL PROVISIONS 1.1. Definitions. The following words and phrases have the following meanings when used in this Agreement: Acceptable waste means Household Hazardous Waste but does not include, for the purposes of this Agreement, any other hazardous waste, medical waste, heavy brush, bulky items, clean wood waste, construction/demolition materials, debris, garbage, household appliances, household waste, litter, rubbish, refuse, trash, yard waste, recyclable materials, or unacceptable waste. Act means the Solid Waste Disposal Act, as amended, 42 U.S.C. 6901, at seq. CERCLA means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. 9601, at seq. Contract Administrator means, for the purposes of this Agreement, the Director of Solid Waste Operations. Effective Date means the date on which the last party to this Agreement executes this document. Hazardous waste means: (a) Any waste, material, or substance, which by reason of its composition or characteristic is regulated as a toxic or hazardous waste or hazardous sub-stance under applicable laws, including without limitation: (i) The Solid Waste Disposal Act, also known as the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 6901, at seq., as replaced or amended from time to time, and the rules, regulations, written policies, or written guidelines promulgated the Act (including, without limitation, 40 C.F.R. Section 261.4, which generally excepts household waste from the definition of Hazardous Waste). (ii) The Toxic Substances Control Act, 15 U.S.C..260, at seq., as replaced or amended from time to time, and the rules, regulations and written policies and written guidelines promulgated the Act. (iii) Any State law or regulation of governing the storage, transportation, and disposal of solid waste, hazardous waste, toxic materials, or Portland Household Hazardous Waste Agmt Final 20111007 —212— Page 3 of 10 hazardous substances, including but not limited to the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361, and 30 Texas i Administrative Code Chapter 330. (b) Radioactive material,which is source, special, nuclear, or byproducts material within the meaning of the Atomic Energy Act of 1954, as replaced or amended from time to time, and the rules, regulations, and written policies or written guidelines 1 promulgated under the Act. (c) Any other waste, material, or substance, which.is characterized or de-fined to be toxic or hazardous by the State of Texas, TCEQ, or USEPA with respect to the Transfer Station or by any other federal or State regulatory agency having jurisdiction over the Transfer Station under any written regulation, policy, guideline, or order having the force of law. (d) Notwithstanding the above, if the TCEQ or USEPA determine by written j regulation, policy, guideline, or having the force of law in relation to: (i) A waste, material, or substance, which is not considered toxic or hazardous as of the Effective date of this Agreement, is toxic or hazardous, then the waste, material, or substance shall, from the effective date of the determination by TCEQ or USEPA, constitutes a hazardous waste for purposes of this Agreement. (ii) A waste, material, or substance, which is considered toxic or hazardous as of the Effective date of this Agreement, is not toxic or hazardous, then such waste, material, or substance shall, from the . effective date of the determination by TCEQ or USEPA, no longer constitutes a hazardous waste for the purposes of this Agreement; (e) Notwithstanding the inclusion of the definition of this item, the parties to this Agreement are specifically excluding the acceptance, handling, and disposal of hazardous waste other than household hazardous waste("Household Hazardous Waste")from the provisions of this Agreement. Household Hazardous Waste means hazardous waste accumulated by a residential generator with labels stating "caution," "warning,""danger,"or"poison" and consisting of, but not limited to, paint; stains and varnishes; cleaning products; household chemicals; used motor oil and filters; gardening products such as pesticides, insecticides, and herbicides; fire extinguishers; and petroleum and refrigerant tanks. Household waste means garbage, rubbish, litter, refuse, yard waste, debris, and limited construction/demolition materials commonly generated by a residential household. Transfer Station means the on-site transfer station located at the City's J. C. Elliott Landfill's transfer station in Nueces County, Texas, formally known as the J. C. Elliott Transfer Station, TCEQ Registration No. 40228. Portland means the.municipality of Portland, Texas, located in San Patdcio County, acting by and through its elected officials and residents subject to its governance. TCEQ means the Texas Commission on Environmental Quality, Portland Household Hazardous Waste Agmt Final 20111007 Page 4 of 10 —213— 1 Unacceptable waste means waste that the City is not allowed to accept under the rules issued by the TCEQ or the Site Operating Plan, or that has been excluded from acceptance under this Agreement. Additionally, for the specific purposes of this Agreement, unacceptable waste also includes bulky items, clean wood waste, construction/demolition materials, debris, garbage, heavy brush, household appliances, litter, medical waste, recyclable materials, refuse, rubbish, trash, yard waste, medical waste, and other hazardous waste (other than acceptable Household Hazardous Waste). USEPA means the United States Environmental Protection Agency. 1.2. Terra. 1.2.1. Unless sooner terminated under the terms of this Agreement, this Agreement takes effect upon the authorized signature of the last party signing ("effective date") and continues in effect for a term of one (1) year. Following the initial one-year period of this Agreement, the parties may mutually agree to renew and continue this Agreement. Unless notification is sent by a party desiring termination not later than 90 days before the anniversary renewal date of this Agreement, such Agreement will automatically continue for an additional renewal period. This Agreement may be renewed by the parties for an additional nineteen (19) one-year periods following the initial term. ARTICLE 2. ACCEPTABLE WASTE 2.1. Acceptable Waste. 2.1.1. Portland's residents shall deliver only acceptable Household Hazardous Waste. 2.1.2. Any acceptable Household Hazardous Waste co-mingled with other hazardous, i medical, or other type of waste will be considered unacceptable waste. 2.1.3. At any time, the City and Portland may mutually agree in writing that any materials which are presently defined as unacceptable waste in Section 1.1. of this Agreement(and similarly excluded from the definition of acceptable waste in Section 1.1) be reclassified as acceptable waste. 2.2. Ownership of Solid Waste. By entering into this Agreement, Portland acknowledges and understands that any Household Hazardous Waste delivered to the Transfer Station by a resident of Portland remains the property of the resident generator, and legal title to the Household Hazardous Waste shall never pass to the City. ARTICLE 3. FEES 3.1. Fees. The fees to be paid by and charged to Portland's residents for the disposal of Household Hazardous Waste are set out in Exhibit A of this Agreement, the provisions of which are incorporated by reference into this Agreement as if fully set out herein in their entirety. 3.2. Changes in Fees. The fees stated in Exhibit A to be charged for disposal of Household Hazardous Waste items may be increased or decreased at any time by the City to meet operational or legal requirements. Additionally, on or about July 1st of each calendar year,the City shall review the fees being charged and determine whether an increase or decrease in the fees is warranted. In the event of an increase or decrease, the City shall inform Portland not less than 10 days in advance, provide the effective date of the change, and shall file an updated Exhibit A with the City's City Secretary's Office and with Portland's City Secretary's Office. By mutual consent of Portland Household Hazardous Waste Agmt Final 20111007 Page 5 of 10 -214- Ji the parties, any properly filed update to Exhibit A of this Agreement shall constitute the new and revised Exhibit A to this Agreement, the terms of which are incorporated by reference into this Agreement, to be made effective for all intents and purposes, without further need to formally amend this Agreement in any other manner. 1 3.3. Fees from Current Revenues. The parties acknowledge that any fees incurred by each party for the performance of governmental functions or services pursuant to this Agreement shall be paid from current revenues available to the paying party. Both parties also agree that the fees j` set out in Exhibit A fairly compensate the City for the services to be performed under this Agreement. ARTICLE 4. INFORMATION AND MARKETING 4.1. Dissemination/Sharing of Information. It is the responsibility of Portland under this Agreement to provide public information, press releases, presentations, and any marketing information to its residents in whatever format desirable to Portland (either orally, in printed form, or electronically)that clearly defines what waste is"acceptable waste"pursuant to this Agreement. j 4.2. Advance Approval. In an effort to provide the most concise and comprehensive information available regarding Hazardous Waste that is acceptable for disposal by TCEQ and the City,the City reserves the right to approve in advance any public information, in whatever form, used by Portland to promote the operation of the Transfer Station and the disposal services available under this Agreement and offered by the City. Approval of materials by the City may be made by the Contract Administrator. ARTICLE 5. DELIVERY PROCEDURES 6.1. Delivery Schedule. During the term of this Agreement, Portland's residents may deliver acceptable waste to the Transfer Station during the Transfer Station's normal posted hours of operation. 5.2. Delivery Procedures. 5.2.1. The delivery of solid waste by Portland's residents to the Transfer Station shall be regulated by the provisions of the Site Operating Plan approved by the TCEQ. The terms and conditions in the Site Operating Plan are intended to reflect the actual procedures and operations at the Transfer Station. 5.2.2. The delivery of Household Hazardous Waste by residents of Portland must be made to the Transfer Station. Acceptance of such waste by the City is subject to the presentation by Portland residents of a valid photo identification card, a city of Portland utility bill dated within two months of the delivery date, and payment of the applicable fees, if any, shown in Exhibit A. ARTICLE 6. GOVERNMENTAL REGULATION 6.1. Jurisdiction. The City and Portland both acknowledge that the collection,transportation, and disposal of solid waste is subject to regulation under both federal and State laws, rules, and regulations and subject to the jurisdiction of various governmental agencies, including, without limitation, USEPA, TCEQ, and the Texas Department of Public Safety. Portland Household Hazardous Waste Agmt Final 20111007 Page 6 of 10 -215- 1 ARTICLE 7. GOVERNING LAW AND VENUE 7.1. Laws of Texas Applicable. The interpretation and performance of this Agreement shall be under and controlled by the laws of the State of Texas. 7.2. Venue. The sole and exclusive forum for the initial determination of any question of law or fact to be determined in any judicial proceeding relating to this Agreement shall be any court of competent jurisdiction in Nueces County, State of Texas, including the United States District Court for the Southern District of Texas, Corpus Christi Division, unless a provision of law bars such I venue or specifies a different venue. { ARTICLE 8. MISCELLANEOUS PROVISIONS 8.1. Contract Administrator. The Contract Administrator designated by the City in this Agreement is responsible for approval of all phases of performance and operations under this Agreement. 8.2. Notices. All written notices, reports, and other documents required or permitted under this Agreement must be in writing and are deemed to have been given when delivered personally or deposited in the mail, postage prepaid, registered or certified mail, return receipt requested, or with a commercial overnight courier addressed to the party to whom notice is being given at the party's address set forth below. Either party may change its address by sending written notice that complies with this section. Portland: City of Portland 1900 Billy G. Webb Road Portland, TX 78374 (361) 7774500 Phone H (361) 777-4501 Fax City: City of Corpus Christi Attn: Director, Solid Waste Operations 2525 Hygeia Street Corpus Christi, Texas 78469-9277 (361) 826-1965 Phone H (361) 826-1971 Fax 8.3. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, that determination being within the sole discretion of the City Council at the time of adoption of each annual budget. The parties also recognize that Portland's continuation of this Agreement is subject to the identical provisions of this section, based on Portland's fiscal year ending date. 8.4. Amendments and Modifications. With the exception of updated and properly filed Exhibit A documents occurring from time to time which may modify the fees applicable to this Agreement, this Agreement may not be amended or modified unless such amendment or modification is contained in an executed,written document which has been duly authorized by the parties. 8.5. Severability. In the event that any of the provisions, portions, or applications of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the City and Portland shall negotiate an equitable adjustment in the provisions of this Agreement with a view toward effecting the purpose of this Agreement, and the validity and enforceability of the remaining provisions, portions, or applications of this Agreement are not to be affected by the Portland Household Hazardous Waste Agrnt Final 20111007 Page 7 of 10 -216— defect in the provision, portion, or application of the Agreement that was ruled unenforceable or invalid. E r I 8.6. Entire Agreement. This Agreement merges and supersedes all prior negotiations, representations, and agreements between the parties pertaining to the acceptance, handling, and disposal of Household Hazardous Waste. This Agreement and its attached and incorporated exhibits constitute the entire agreement between the parties with respect of the subject matter of this Agreement. Attached and incorporated by reference for all purposes: Exhibit A—disposal fees i I (EXECUTION PAGE FOLLOWS) I i Portland Household Hazardous Waste Agmt Final 20111007 Page 8 of 10 —217— 1i 1 AGREED TO BY THE PARTIES: i ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Ronald L. Olson City Secretary City Manager Date: Date: Approved as to form: , 2011 i ElizabHundley Assist nt City Attorney for the City Attorney ATTE CITY OF PORTLAND Annette Hall Mike Ta City Secretary ii City Manager Date: Date: Ire/2i/ti Approved as to form: f , 2011o~�pORT�'�h Ha! George dAV City Attorney '•�°..,.°. S Portland Household Hazardous Waste Agmt Final 20111007 —218— Page 9 of 10 I EXHIBIT A I 1 - Disposal Fees: $0.84 per pound* 1 plus Administrative Fee: $10.00 per load/single delivery Additionally, any mandated State and federal fees will also be assessed. * The following items are subject to a separate fee per item, in addition to the Admin Fee: Fire extinguishers—large $50.001ea. Fire extinguishers—small $25.00/ea. Propane/petro 5-gallon tanks $50.00/ea. Refrigerant gas tanks $80.001ea. Prices effective upon the date of final execution of the Agreement. Prices are subject to adjustment in accordance with the terms of the Agreement. Portland Household Hazardous Waste Agmt Final 20111007 -219- Page 10 of 10 i I i I i i i 10 i City of } Soh'npustsi AGENDA MEMORANDUM for the City Council Meeting of.January 10, 2012 DATE: December 27, 2011 TO: Ronald L. Olson, City Manager i FROM. Pete Anaya, P.E., Director of Engineering Services petean@cctexas.com (361) 826-3781 Valerie Gray, P. E., Director of Stormater and Stre Op ations valerieg@cctexas.com f (361) 826-1875 Approval of Contract for Professional Services: La Volla Creek Drainage Channel Excavation (Project No. E10200) PURPOSE: Motion authorizing the City Manager or designee to execute a Contract for Professional Services contract with Urban Engineering of Corpus Christi, Texas, in the amount of$138,000.00 for La Voila Creek Drainage Channel Excavation. BACKGROUND AND FINDINGS: Flooding in La Voila Creek basin in September 2010 resulted in significant damage to both public and private property. This project includes improvement of La Voila Creek to facilitate better area drainage. The project includes the acquisition of right-of-way as required and permits necessary to re-align and provide channel enhancements to La Voila Creek, both north and south of Saratoga Boulevard to Oso Creek. This contract is for preliminary phase services and includes drainage analysis of the La Voila Creek basin from its confluence with Oso Creek, upstream to above the Saratoga Bridge. The drainage study will analyze existing conditions, widening of the opening under the Saratoga bridge in conjunction with the Texas Department of Transportation's proposed improvements, clearing and excavation downstream of the bridge for the City owner property (approx 2,600'), clearing and excavation from the city property downstream to Oso Creek (approx 3,000'), and completion of improvements upstream of the bridge (approx 1,500'). Recommendations for phased improvements will also be provided. A subsequent contract amendment for project permitting and design of recommended improvements will be brought forward for council consideration after completion of this preliminary project phase. Urban Engineering of Corpus Christi, Texas, was selected to complete the project as part of the RFQ No. 2011-01 Professional Services for Department of Engineering Services. ALTERNATIVES: 1. Repeat the RI=P Selection Process and negotiate with a different consultant. 2. Award the contract to Urban Engineering as proposed. -223- K1Engineering CafaExchangelLyndal5tormwa[er1E10200-Ls Voila CreaMAGENCA I1,ENCi.docx i i FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense ❑ Revenue X C1P Prior Year FISCAL YEAR: 2011-2012 (CIP Only) Current Year Future Years TOTALS Budget $400,000.00 _$1,000,000.00 $1,400,000.00 Encumbered/Expended Amt. This item $138,000.00 $138,000.00 BALANCE FUNDS (SW): Storm Water Comments: The estimated total project costs, including design, construction and possible acquisition of right-of-way is $1,400,000.00. The total basic services fee proposed for these preliminary phase services is $50,000. Services include development of a phased plan to improve area drainage with refined cost estimates for future project budgeting. This preliminary project phase will be completed in approximately seven months, pending findings of the wetland delineation. RECOMMENDATION: City staff recommends that the contract be awarded to Urban Engineering of Corpus Christi, Texas, in the amount of$138,000.00 for Professional Services. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process; FY 2011-12 Capital Budget. EMERGENCY/ NON-EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Storm Water LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map CC: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager --224-- K1Engineadng DateExchange\VELMAPIDRAINAGE1E1D2DD LA VOLLA CREEK CHANNEL EXCAVATIONUAGENDA ITEM 140ex PROJECT BUDGET ESTIMATE � LAVOLLACREEK DRAINAGE CHANNEL EXCAVATION Project No. E10200 , December 1Z[ 2O11 - FUNDS AVAILABLE: � StormWater CUP............................................................................................... 1,400,000.00 � FUNDS REQUIRED: Construction /��seBkdl /estn��tm> ,___ __, ���u� __,__..__,__.--------,..—.--.--.. $1.000,000.00 ContingencyMO%\............................. ............................................................— 100.000.00 Consultant Fees:' � � Consultant 8Jrb�D . `- ovHxnee/mgU...............................'''''''''''....''''''''''----....... 138.000.00 Materials Testing /TBO\- Estimated Allowance........................................................ 17.500.00 � ] ' ' Contract Administration Preparation/Award/Admin)--.—..-------~. 7.000.00 ' ] Engineering Genviomo W1Mgt/Traffic Mgt).................................... ... 42'000.00 Fknonc� �ou�D�� _ ................... ........................ _____~_____—._..--. 3.750.00 � K8�� (PdOtMg. et�L.---.-------------------.. TOTAL'---'.-.................,,,,____,,,,,,_,,,,,,,,,^_,,,,______,,,,,,,,.,,,..__,^,,^,,,__ $1,310,000.00 ���------ � ESTIMATED PROJECT BUDGET BALANCE......................................................... $90,000.00 � i ! ^ / � | i � . _225_ ` i File \Mproject,councilexhibits\exhEf 0200.dwg RD {iF1 N g F�Qggp I H 37 1 q Y � r N U AGNES ACNES �+ - H4YY 44 a o uoacAN CO2LMW s CORPUS — i CHRISTI g a m INTERNATIONAL BEAR � +ted y ,n - DAY - AIRPORT 'Sy IAcGLOIN R0. �S W,POINTrs O adi" FROJECT LOCATION cH� SARR'�a&� bio N caro dpi oso LOCATION MAP KEM $qp_� ARCH owes arr � X PROJECT SITECO w _ k 080 C SITE PLAN PROJECT#E10200 NOT TO scacF CITY COUNCIL EXHIBIT LA VOLLA CREEK PRNTORPUSERn, RVFa TM ECS DRAINAGE CHANNEL EXCAVATION PAGE: 1 of 1 — = c f n CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Urban Engineering, a Texas partnership, 2725 Swantner, Corpus Christi, Nueces County, Texas 78404, (ArchitectlEngineer—AIE), hereby agree as follows: 1. SCOPE OF PROJECT La Voila Creek Drainage Channel Excavation Project No. E10200 — This project will involve the improvement of La Voila Creek that crosses SH 357 (Saratoga Boulevard) under a new bridge structure proposed by the Texas Department of Transportation. The project will include the acquisition of right-of-way as required and permits necessary to realign and provide channel enhancements to La Voila Creek, both north and south of Saratoga Boulevard to Oso Creek. The project will provide 100-year capacity for conveyance to the Oso Creek. Phase I includes the removal of vegetation from the channel and channel widening in the vicinity of the bridge and the first 3,000 feet downstream. Phase If includes the balance of the channel improvements. 2. SCOPE OF SERVICES The AIE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices)and provide contract administration services, as described in Exhibit "A" and "A-1", to complete the Project. Work will not begin on Additional Services until requested by the A/E(provide breakdown of costs,schedules),and written authorization is provided bythe Director of Engineering Services. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services-A Guide to the Selection and Negotiation Process, 1993"a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. for purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The AIE agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit"A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three(3)days of notice if tasks requested requires an additional fee. Contract for Engineering(AIE)Services —227— Page 1 of 3 K:IENGINEERING OATAEXCHANGEIVELMAP40RAINAGEIE10200 LA VOLLA CREEK CHANNEL EXCAVATIONU CONTRACT PROFESSIONAL SERVICES.0OC j 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit"B". 5. FEE The City will pay the A/E a fee, as described in Exhibit"A", for providing services authorized, a total fee not to exceed $138.000,00, (One Hundred Thirty Eight ThousandDollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit"C". 6. TERMINATION OF CONTRACT i The City may, at any time,with or without cause,terminate this contract upon seven days written notice to the AIE at the address of record. In this event, the AIE will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. i 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75%of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area(MSA). Additionally,no more than 25%of the work described herein will'be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The AIE will not assign,.transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated.to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership,this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the AIE without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents(plans and specifications),record drawings,contractor's field data,and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However,the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. CITY OF CORPUS CHRISTI UR EN WEER gy By 23 5 2b if Oscar R.Martinez Date Rhodes "Chip" Urban, P.E., R.P.L.S. Date Assistant City Manager Authorized Representative 2725 Swantner Corpus Christi, TX 78404 (361) 854-3101 Office (361) 854-6001 Fax Contract for Engineering(A/E)Services —228— Page 2 of 3 K.WNGINEERING OATAEXCHANGf1VELMAPIORA€NAGEXE102CO LA VOLLA CREEK CHANNEL EXCAVATIOW CONTRACT PROFESSIONAL SERVICES.000 RECOMME D J By i Pete Araya, P. E., Da e Director of Engineering Services ATTEST 1 sY Armando Chapa, City Secretary APPROVED AS TO FORM By_ i4d City Attorney ate i ENTERED I Contract for Engineering(A!E)Services —229— Page 3of3 KIENGINEERING DATAEXCHANGEIVELMAPYDRAINAGElE90200 LA VOLLA CREEK CHANNEL EXCAVATIOW CONTRACT PROFESSIONAL SERVICESMOC l EXHIBIT A CITY OF CORPUS CHRISTI, TEXAS La Voila Creek Drainage Channel Excavation. (PROJECT NO. E10200) 1. SCOPE OF SERVICES A. Basic Services. Basic Services will include the following in addition to those items shown on Exhibit"A- i 1"Task List. I. Preliminary Phase. The Architect/Engineer-A/E will: It is the intent of the Preliminary Phase to provide a study and report of project scope with economic and technical evaluation of alternatives, and upon approval,proceed in a Design Memorandum which includes Preliminary designs, drawings, and written description of the project. This report shall include: i a. Analysis of existing hydraulic conditions of the channel, hydraulic modeling of proposed improvements and recommendations for phased improvements. b. Confer with the City staff, United States Army Corps of Enginieers and TXDOT regarding the design parameters of the Project. The Engineer will participate in a minimum of three(3)formal meetings with City staff,provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven(7)working days of the meeting. The AIE will participate in discussions with the operating department and other agencies(such as the Texas Department of Transportation(TXDOT)and Texas Commission of Environmental Quality.(TCEQ)) as required to satisfactorily complete the Project. C. Submit one (1) copy in an approved electronic format, and one (1) paper copies of the Design Memorandum (or Engineering Report), with executive summary, including opinion of probable construction costs with life cycle analysis, defined technical evaluations of identified feasible alternatives, and review with City staff to produce an acceptable format which contains common municipal elements. The Design Summary Report will include the following(with CONSTRUCTABILITY being a major element in all the following items): 1) Review of the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project; The AIE will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. 2) Review and investigation of available records, archives, and pertinent data related to the Project including taking photographs of the Project site, list of potential problems and possible conflicts, intent of design, and improvements required, and conformance to relevant Master Plan(s). 3) Identify results of site field investigation including site findings, existing conditions, potential right of way/easements, and probable Project design solutions; (which are common to municipalities). 4) Provide a presentation of pertinent factors, sketches, designs, cross-sections, and parameters which will or may impact the design, including engineering EXHIBIT"A" Paie 1 of 4 KYEngineering CalaExchengeWELMAPICRAINAGE5E1020D 1.A VOLLA CREEK CHANNF gffVAT[ON12 EXHIBrT A doe 1 . 1 design basis, preliminary layout sketches, identification of needed additional services, preliminary details of construction of critical elements, identification of j needed permits, identification of specifications to be used, identification of quality J and quantity of materials of construction, and other factors required for a f professional design fCONSTRUCTABILIDO. 5) Advise of environmental site evaluations and archeology reports that are needed for the Project (Environmental issues and archeological services to be an Additional Service). 6) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project and permitting, environmental, historical, construction, and geotechnical issues; and meet with pertinent authorities. 7) Confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive, well-defined proposed scope of design, probable cost estimates(s) and design alternatives. 8) Provide a letter stating that the AIE and Sub-consultant Engineers have checked and reviewed the Design Summary Report prior to submission. 9) Additional items are required with the design memorandum to identify and summarize the project by distinguishing key elements such as: • Pipe Size or Building Size • Pipe Material, etc. • Why one material is selected over another • Pluses of selections • ROW requirements and why • Permit requirements and why • Easement requirements and why • Embedment type and why - • Constructability, etc. • Specific requirements of the City • Standard specifications • Non-standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status - d. Field location of existing utilities using Texas one-call system (Coordinate with appropriate City Operating Departments). e. A subsurface utility engineering survey is not anticipated to be necessary at this point in the project. City staff will provide one set only of the following information (as applicable): a. Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b. The preliminary budget, specifying the funds available for construction; c. A copy of existing studies and plans. (as available from City Engineering files). d. Field location of existing city utilities. (A/E to coordinate with City Operating Department). e. Provide applicable Master Plans. EXHIBIT "A" Page 2 of 4 MEngineering CataExchangetVELMAP4DRAINAGE1E10200 LA VOLLA CREEK GHANNtnVATIONI2 EXHIBIT A.dac 2. Design Phase, Bid Phase and Construction Phase. The preliminary modeling and analysis will determine the location and extent of improvements that will need to be made.At the end of the Preliminary Phase,we should have a well defined scope of work for which a fee can be negotiated. - i B. Additional Services (ALLOWANCE) J This section defines the scope(and ALLOWANCE)forcompensation for additional services that 'I may be included as part of this contract, but the AIE will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The AIE will, with written authorization by the Director of Engineering Services, do the following: We don't anticipate that any permitting will be necessary for the preliminary phase of the project. However, the preliminary phase will identify permitting requirements for the proposed improvements. 1. Topouraphic Survey. Provide field surveys, as required for design including transects of the channel needed for hydraulic modeling and conceptual design.All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyor$' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. 2. Brush Clearing. Provide subcontractor to clear brush necessary to survey transects across the study area. Subcontractor will clear line of sight while working around wetland areas designated by city's environmental consultant working under separate contract. 3. Coordinate with Oso Basin Drainage Study. Coordinate with city's consultant studying the Oso Creek Drainage Basin. Coordination will include attending periodic meetings and sharing of study data. 2. SCHEDULE PROPOSED PROJECT SCHEDULE ACTIVITY DURRATION Collect Data & Create Base Model 45 Days Preliminary Report Submission 60 Days City Review& Comment 2 Weeks Final Report Submission 30 Days The above schedule is based on beginning work after rights of entry have been acquired by the city and the wetland delineation has been performed by another consultant and confirmed by the USACE. EXHIBIT"A" Pa e 3 of 4 K1Engineering DataExchange{VELMAP%DRAINAGElE1 O2OD LA VOLLA CREEK CHANN�lSX YATIOW EXHIBIT A.doc f 3. FEES A. Fee for Basic Services. The City will pay the AIE a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. For services provided in Section I.A.1-4,A/E will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon AIE's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4,the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to AIE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services"the City will pay the AIE a not-to-exceed fee as per the table below: C. Summary of Fees Total Basic Services 1 Preliminary Phase $50,000.00 2 Design Phase 0.00 3 Bid Phase 0.00 4 Construction Phase 0.00 Subtotal Basic Services 50,000.00 Additional Services 1 Topographic Survey Authorized 15,000.00 2 Brush Clearing Allowance 65 000.00 3 Coordinate with Oso Basin Draina a Stud Allowance 8,000.00 Subtotal Additional Services 88,000.00 Total Authorized Fee $138,000.00 EPaie BIT"A" 4of4 K1Engineering QateExchangelVELMAPIDRAINAGEtE702DO LA VOLLA CREEK CHANNt AVATK)N12 EXHIBIT Ad.. 1 EXHIBIT A-1 TASK LIST La Voila Creek Drainage Channel Excavation (Project No. E10200) _ A. BASIC SERVICES i 1. Preliminary Phase i I A. Staff Meetings' Attend and participate in one (1) project start meeting and two (2) planning meetings with City staff to discuss planning and conceptual design. Gather information and perform close coordination with Department staff. B. Design Memorandum' 61. Review Project with Operating Department(Traffic,Water,Wastewater, Storm Water, and Gas Department) B2. Coordinate with TXDOT: Access and planned bridge improvements including widening of area under bridge. B3. Review dedicated easements, rights of way and property ownership. B4. Review previous studies of drainage issues in the area. 65. Perform a drainage study of La Volia Creek drainage basin from its confluence with Oso Creek, upstream to above the Saratoga Bridge.The drainage study will analyze: • Existing conditions • Widening of the opening under the Saratoga bridge • Clearing and excavation downstream of the bridge for the City owner property (approx 2,600) • Clearing and excavation from the city property downstream to Oso Creek(approx 3,000) • Completion of improvements upstream of the bridge (approx 1,500) • Combination of the above improvements B5. Prepare cost estimates for the different levels of improvement 136. Make recommendations for phased improvements based on level of improvement and cost. 138. Provide a Letter Stating that AIE and Sub-Consultant Engineers have checked and Reviewed Design Memorandum prior to Submission' 139. Deliver One (1) Paper Copy of Interim Plans Design Memorandum and One (1) Electronic Copy (.pdf).' 810. Provide a Storm Water Master Plan Update Recommendation B11. Provide Storm Water Model Input and Output for Reference EXHIBIT A-1 Pa e 1 of 2 See Exhibit A for Additional Detail KAEngineering Dataexchange\VELMAPIDRAINAGEIE10200 LA VQ2a4REEK CHANNEL EXCAVATION13 EXHIBIT AA TASK LIST.Doc i EXHIBIT B MANDATORY INSURANCE REQUIRMENTS (Revised September 2001) 1. CONSULTANT LIABILITY INSURANCE - j A. The Consultant shall not commence work under this Agreement until he/she has obtained all insurance 1 required herein and such insurance has been approved by the City. Nor shall the Consultant allow any subconsultant to commence work until all similar insurance required of the subconsultant has been so obtained. B. The Consultant shall furnish two (2) copies of certificates, with the City named as an additional insured, showing the following minimum coverage in an insurance company acceptable to the City. _ TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily Injury and Property Damage certificates Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form - 2. Premises—Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard 6. Contractual Insurance 7. Broad Form Property Damage 8, Independent Consultants 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS= COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden &accidental discharge; to include j ] REQUIRED long-tern environmental impact for the disposal of [X] NOT REQUIRED contaminants BUILDERS' RISK See Section B-8-11 and Supplemental Insurance Requirements [ ] REQUIRED [X] NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Section B-6-11 and Supplemental Insurance Requirements [] REQUIRED [X] NOT REQUIRED C. In the event of accidents of any kind, the Consultant shall furnish the City with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. EXHIBIT "B" Insurance Requirements —235— Pa e 1 of 2 1I 1 1 II. HOLD HARMLESS A. To the extent permitted by law, Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its officers, agents, servants and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and reasonable attorneys'fees, for or on account of any injury to T any person,or any death at any time resulting from such injury, or any damage to any property, to the extent caused by Consultant's negligent performance of services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its officers, agents, servants, or employees,or any other person indemnified hereunder. B. The Consultant shall obtain workers' compensation insurance coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed insurance company, then the contract for coverage shall be written on a policy and endorsements approved by the Texas State Board of Insurance. If such coverage is provided through self-insurance, then within ten (10) calendar days after the date the City requests that the Consultant sign the contract documents, the Consultant shall provide the City with a copy of its certificate of authority to self-insure its workers' compensation coverage, as well as a letter, signed by the Consultant, stating that the certificate of authority to self-insure remains in effect and is not the subject of any revocation proceeding.then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate of authority to self-insure is revoked or is made the subject of any proceeding which could result in - revocation of the certificate, then the Consultant shall immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to: City of Corpus Christi, Department of Engineering Services, P. 0. Box 9277, Corpus Christi, Texas 78469-Attention: Contract Administrator. Whether workers' compensation insurance coverage is provided through a licensed insurance company or through self-insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. G. Builder's Risk Gavei;age'. Gensultantwill -hp- m-spensible for providing buildw's Fisk insuFanGe severage4GF Fisk GaYeFage shall be an "All Risk" fGFM. The paliGy shall be a GGMpleted ValUe fGFFn. The GGAsultant , Fepa'Fed 9F et4 epmise impFe ed .inner the nnntr;;nt_ Gove ge, inGluding any dedurtible— - The Gity shall be named an additional insured OR any poliGy nrn.ri&;g such nyeFa ill. On the certificate of insurance: • The City of Corpus Christi is to be named as an additional insured on the liability coverage, except for workers'compensation coverage. • Should your insurance company elect to use the standard ACORD form, the cancellation clause (bottom right) shall be amended by adding the wording "changed or' between "be" and "cancelled" and deleting the words "endeavor to" and the wording after "left". If the cancellation clause is not amended in the ACORD form, then endorsements shall be submitted. • The name of the project also needs to be listed under"description of operations". • At least 10-day written notice of change or cancellation will be required. IV. A completed Disclosure of Interest must be submitted with your proposal. EIE HIBIT "B" Insurance Requirements e 2 of 2 —236— Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase GO Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees co COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Co l t $1,000 $0 $0 $1,000 $0 $1,000 $1,000 mp e 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 01'/0- %TBD TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% i a 11 i i s AGENDA MEMORANDUM For the City Council Meeting of: Action January 10, 2012 1852 DATE: December 27, 2011 1 TO: Ronald L. Olson; City Manager FROM: Pete Anaya, P.E., Director of Engineering Services petean@cctexas.com, (361) 826-3781 I Approval of Professional Services Contract: Oso Greek Basin Drainage Relief--Project No. E10201 PURPOSE: Motion authorizing the City Manager or designee to execute a Professional Services contract with Naismith Engineering, Inc. of Corpus Christi, Texas, in the amount of$667,690.00 for Oso Creek Basin Drainage Relief. BACKGROUND AND FINDINGS: This contract provides for the investigation of solutions to alleviate drainage issues along Oso Creek. Eight publically owned drainage structures as well as a few privately owned minor drainage structures enter Oso Creek along its length from the east confluence of Oso Creek to La Voila Creek. These drainage structures impact the base flood elevations upstream and.impact drainage in the Oso Basin. This project will investigate the feasibility of constructing additional creek conveyance capacity for high flow rain events to alleviate area flooding. Development of strategies for hydraulic and hydrologic assessment will include coordination with project stakeholders, such as the Texas Department of Transportation, Nueces County, the U.S. Army Corp of Engineers, and others in the community. The impact of FEMA's ongoing map modernization in the area will also be assessed. Several scenarios will be analyzed to assess potential impact on water surface elevation in the creek during heavy rain events.A cost)benefit analysis will be performed for scenarios that lower the Oso Creek water surface elevation. As a result, an implementation plan for proposed improvements will be developed to include recommendations that are applicable to the long term viability of development on the City's Southside and western Nusces County. The contract authorizes the necessary preliminary phase, topographic surveying and environmental services to provide a study and report of project scope with economic and technical evaluation of alternatives: Deliverables will result in submission of an Engineering Report to the City which includes preliminary designs, drawings, and written description of the project to reduce the frequency and severity of flood damage. Naismith Engineering Inc.,of Corpus Christi, Texas,was selected for professional engineering services for the project through RFQ No. 2011-02. ALTERNATIVES: 1. Repeat the RFP Selection Process and negotiate with a different consultant. 2. Award the contract to Naismith Engineering Inc. as proposed. C e K:SHngu:ceringDataExchangelClarissa755tarmWeter1E1020(-O50CreekBasnilranagelOso ree - Executive Summary.docx i FINANCIAL IMPACT: a Not Applicable ❑ Operating Expense ❑ Revenue X CIP Prior Year FISCAL YEAR: 2011-2012 CIP Only) Current Year Future Years TOTALS I Budget $1,000,000-00 $6,000,000.00 $7,000,000.00- Encumbered/Expended 7,000,000.00Encumbered/Ex ended Amt. This item $667,690.00 5,800,000.00 6,467,690.00 j BALANCE $332,310.00 $200,000.00 $532,310.00 FUNDS (SW): Storm Water CIP Fund Comments: The total basic services fee proposed for these services is $544,690. Services include development of a phased plan to improve area drainage with refined cost estimates for future project budgeting. The preliminary engineering,.topographic survey, and environmental services is scheduled to be completed in April 2013. If the investigation shows significant impact to the base flood elevation, then construction funds will be pursued to complete the project in future years. The time required to complete construction will be contingent on the flood mitigation selected, the availability and timing of funds. Final completion of all mitigation measures may extend beyond the three-year Capital Improvement Planning horizon. RECOMMENDATION: City staff recommends that the contract be awarded to Naismith Engineering Inc. of Corpus Christi, Texas, in the amount of$667,690.00 for Professional Services. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process; FY 2011-12 Capital Budget. EMERGENCY/ NON-EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Not Applicable. LIST OF SUPPORTING DOCUMENTS: Exhibit A: Contract Summary Exhibit B: Project Budget Exhibit C. Location Map Cc: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager -242- IC1Engineering OateExchangelVELMAPIORAINAGE1E117201 080 CREEK BASIN DRAINAGE RELIEROso Creek-Executive Summsry.doex CONTRACT SUMMARY SCOPE OF PROJECT (Oso Creek Basin Drainage Relief— Project No. E10201) The project will result in flood control and mitigation measures associated with the Oso Creek Basin and La Volla Creek drainage basin. This phase of the project will investigate the feasibility of constructing additional creek conveyance capacity for high flow rain events to alleviate area flooding. Several scenarios will be analyzed to assess { potential impact on water surface elevation in the creek during heavy rain events. A cost/ benefit analysis will be performed for scenarios that lower the Oso Creek water 1 surface elevation. As a result, an implementation plan for proposed improvements will be developed to include recommendations that are applicable to the long term viability of development on the City's Southside and western Nueces County. The contract authorizes the necessary preliminary phase, topographic surveying and environmental services to provide a study and report of project scope with economic and technical evaluation of alternatives. SCOPE OF SERVICES A. Basic Services. (Basic Services will include the following Preliminary Phase. The Arch itect/Engineer-A/E will: It is the intent of the Preliminary Phase to provide a study and report of project scope with economic and technical evaluation of alternatives, and issue a Letter Engineering Report which includes preliminary designs, drawings, and written description of the project. This report shall include: Confer with the City staff at the start of this phase regarding the parameters of the Project. The Engineer will participate in a minimum of three (3) formal meeting(s) with City staff, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. The A/E will discuss the project with the operating department (Water, Wastewater, Gas, Storm Water, Streets, etc.) and other agencies, including but not limited to the Texas Department of Transportation (TxDOT) and Texas Commission on Environmental Quality (TCEQ) as required to satisfactorily complete the Project. Submit one (1) copy in an approved electronic format, and one(1)paper copy of the Letter Engineering Report, with executive summary, opinion of probable construction costs, defined technical evaluations of identified feasible alternatives, and review with City staff to produce an acceptable format to include: -7274574 Review the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project; The AIE will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. -7274573 Review and investigation of available records, archives, and and pertinent data related to the Project including taking photographs of the Project site, list of potential problems and EXh11bit A Pae 4 of 3 —243— possible conflicts, intent of design, and improvements required, and conformance to relevant Master Plan(s). -7274572 Identify results of site field investigation including site findings, existing conditions, potential right of way/easements, and probable Project design solutions (which are common to municipalities), in accordance with S.U.E. (Subsurface Utility Engineering) standards (Cl/ASCE 38-02). Subsurface investigation will be paid as an additional service. 1 -7274571 Provide a presentation of pertinent factors, sketches, designs, cross-sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of needed additional services, preliminary details of construction of critical elements, identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and other factors required for a professional design (CONSTRUCTABILITY). -7274570 Advise of environmental site evaluations and archeology reports that are needed for the Project(Environmental issues and jarcheological services to be an Additional Service). -7274569 Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project - including permitting, environmental, historical, construction, and geotechnical issues, meet and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. -7274568 Confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive, well-defined proposed scope of design, probable cost estimates(s) and design alternatives. -7274567 Provide a letter stating that the A/E and Sub-consultant Engineers have checked and reviewed the Engineering Letter Report Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the A/E will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E will, with written authorization by the Director of Engineering Services, do the following: Topographic Survey. Provide field surveys, as required, including the necessary control points, coordinates and elevations of paints. Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Exhibit A Pa e2of3 —244— i 1 Edition. Include reference to a minimum of two (2)found boundary monuments from the project area. Environmental Issues. Provide environmental site evaluations and Archeology Reports that are 1 needed for the Project. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY Monday October 17, 2011 Begin Preliminary Phase Monday October 31, 2011 Begin Data Acquisition Monday December 12, 2011 Begin System Analysis Monday February 20, 2012 Provide Update for CIP Program Monday September 17, 2012 Submit Draft Preliminary Engineering Letter Report Monday December 24, 2012 Begin Implementation & Outreach Monday January 21, 2013 Submit Final Engineering Letter Report Monday April 29, 2013 Project Completion S mrnaq of Fees Fee for Basic Services 1. Preliminary Phase $544,690 2. Design Phase (TBD) 3. Bid Phase (TBD) Construction Phase (TBD) Subtotal Basic Services Fees $544,690 Additional Services Permitting (TBD) . Topographic Survey (AUTHORIZED) $118,000 Environmental Issues (AUTHORIZED) $ 5,000 Construction Observation Services (TBD) Warranty Phase (TBD) Sub-Total Additional Services Fees $123,000 Authorized Total Authorized Fee $667,fi90 &xhPbit A Page 3 of 3 —245— i PROJECT BUDGET OSO BASIN DRAINAGE RELIEF Project No. E10201 October 11, 2011 FUNDS AVAILABLE. Storm Water CIP Fund............... ................ 900,000.00 900,000.00 FUNDS REQUIRED: Construction (Est.).............................................................................. TBD Contingencies (10%)............................................................................. TBD Consultant Fees: Consultant (Naismith Engineering) Prelimary PhaselTopographic Surveying ................. 667,690.00 Construction Managementlinspection ......................1.................. TBD Geotechnical Services ....................................................................................... TBD Materials Inspection &Testing (Est.).................................................................... TBD Reimbursements; Engineering, Traffic Engineering, Finance, etc. 48,000.00 Total................................................................................................. 715,69 0.00 Variance 184,310.00 _ Exhibit B Page 1 of 1 -246- File : `Mproject,councilexhibits\exhElO201.dwg ti w r Y CCIA BEAR Z 9y P r n CORPUS C3f2us,17 may 0�4 PROJECT N M SgRgT LOCATION ore ID QGq % lS�gHD gar NAS FX 43 w �� �R �Q cu LAGUNA .9H ADRE LOCATION MAP MARGAner FmLLY N oiscH a, osq E..K 4 PROJECT SITE r _ y 9 9 s5 HWY.43 SITE PLAN - PROJECT#E10201 NOT TO SCALE C17Y COUNCIL EXHIBIT DSD CREEK CITY OF CORPUS CHRISTI, TEK4S DEPARTMENT OF ENGINEERING SERVICES DRAINAGE RELIEF PAGE: 1 of 1 = !DATE: 10-11-2011 ��► i i a i 12 i i i { s tP AGENDA MEMORANDUM p� for the City Council Meeting of. Presentation December 6, 2011 1 Action December 13, 2011 DATE: November 30, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services. petean@cctexas.com (361) 826-.3781 I Authorization to Execute Construction Contract: Staples Street Phases 7 and 2 from Saratoga to Williams i PURPOSE: a. Motion authorizing the City Manager, or designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of$15,081,495.80 for Staples Street Phase 1 and 2 from Saratoga to Williams for the Base Bid and Additive Alternates 1, 2, 3, 4, 5, 6, and 7. (Bond 2008) b. Motion authorizing the City Manager, or designee, to execute a professional engineering materials inspection and testing contract with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $177,441.00 for Staples Street Phase 1 and 2 from Saratoga to Williams. (Bond 2008) c. Motion authorizing the City Manager, or designee, to execute a Construction Management/inspection Services Contract to R. H. Shackelford, Inc., of Corpus Christi, Texas, in an amount not to exceed $286.865.00 for Staples Street Phase 1 and 2 from Saratoga to Williams. (Bond 2008) BACKGROUND AND FINDINGS: Staples.Street Phases 1 and 2 were approved by the voters as part of the 2008 Bond Election. This contract will result in the reconstruction of Staples Street between Saratoga and Holly (Phase 1) and between Holly and Williams (Phase 2). This project is proposed to be reconstructed utilizing concrete pavement. Concrete was chosen as the preferred pavement treatment by the City's AIE consultant Freese and Nichols, Inc. and city staff, due to the 30-year life cycle analysis which concluded concrete as the better value. (See Supporting Documents: Letter of Recommendation). The scheduled work includes curb and gutters, sidewalks, curb ramps, pavement markings, street, storm water, wastewater, and water improvements and traffic control. The recommended award of Additive Alternate No. 7 provides for an accelerated,completion schedule to reduce total construction time from 720 calendar days to 540 calendar days The street will be constructed as a five lane undivided arterial street with a nominal width of 70- feet (curb back to curb back). The project will result in construction of four traffic lanes and one continuous left turn lane. Traffic control and project phasing is designed to ensure access to property and to limit the area under construction at any one time. Construction is phased into 25 separate phases with the contractor being required to complete each phase prior to proceeding with another phase. —251— K:IEngincering DataExchangelLynda\Streets12008 Bond Issue16494&6495-Staples StreetV AGENDA rrEM.docx i a l Four bids were publically opened Wednesday, November 16, 2011. The total of the base bids and all seven additive alternates ranged between $15,081,495.80 and $20,248,236.50. Base bids j ranged between $14,312,846.30 and $20,145,564.85. The Consultant's estimate of cost for the base bid was $13,887,434.00. The low qualified bidder was Bay, Ltd. of Corpus Christi. The contract requires the work be completed within 540 calendar days after notice to proceed. It is anticipated construction will be complete during the summer of 2013. I ALTERNATIVES: 1. Award the motion as proposed. 2. Reject all bids (not recommended). FINANCIAL IMPACT: ❑ Not Applicable o Operating Expense o Revenue X CIP Prior Year FISCAL YEAR: 2011-2012 CIP Only) Current Year Future Years TOTALS Budget $4,401,300-00 $6,300,100.00 $8,846,300,00 __$19,547,700.00 Encumbered/Expended Amt. 1,564,477.84 1,564,477.84 This item 15,545,801.80 15,545,801.80 BALANCE 2,836,822.16 2,247,420.36 FUNDS: Street, Storm Water, Wastewater&Water CIP Fund Comments: Due to the fact that Jointed Concrete Pavement (Additive Alternates No. 1 and 4) are being awarded, not all items listed in Additive Alternates No. 2 and 5 will now be required. This will allow the City to issue a future deductive change order in the amount of-$38,196.00. RECOMMENDATION: City staff recommends that the motions be approved as presented. CONFORMITY TO CITY POLICY: The procurement process conforms to the Texas Local Government Code for public works projects, professional services and the FY 2011-12 Capital Budget. ENGINEERING MATERIALS INSPECTIONITESTING: Engineering material testing, inspection and laboratory testing is required to ensure materials incorporated into the project meet specifications. The contract is based on a fee schedule for various services and tests that will be required. The proposed fee is a not to exceed amount with payment only for actual services utilized. The City will pay the unit rate for services actually performed. The City works with the design consultant to select local engineering materials inspection and laboratory testing firms on a rotational basis for geotechnical services. Rock Engineering was selected to perform geotechnical testing services for the project. They prepared the geotechnical report and pavement design considerations and recommendations, which became the basis upon which Freese and Nichols designed the project. Rock Engineering is recommended for the award of the engineering materials inspection and testing services based upon their familiarity with the project. PROJECT MANAGEMENT AND INSPECTION: R. H. Shackelford, Inc. was one of two firms selected through an RFQ process for indefinite delivery/indefinite quantity for project management and inspection services. R. H. Shackelford, Inc. is recommended due to the proposed personnel for the project having a greater level of experience with project management with street and utility distribution/collection construction projects. The contract is based on full time project management and inspection with a project manager on site 40 hours per week for the duration of the project (540 calendar days). The contract fee is a not to exceed amount. The City will pay only for the actual: hours incurred. —252— K:IEngineering DataExchange\LyndalStreetsl2008 Bond issue16494&6495-Staples StreeM AGENDA YMM.doex EMERGENCY I NON-EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Not Applicable. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Summary Project Budget Location Map Letter of Recommendation CC: Veronica Ocalias, Assistant Cit Attorney Y Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P,E., Assistant City Manager -253- KAEngineering DataExchange\Lynda\Streets12008 Bond Issue16494&6495-Staples StreetUAGENDA ITEM.docx TABULATED BY: Nick Ccrava, P.E. FREESE AND NICHOLS, INC. DATE: Wednesday, November 9 201 TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES -CITY OF CORPUS CHRISTI, TEXAS • . ._ STAPLES STREET, PHASE 1 AND PHASE 2. SARATOGA TO WILLIAMS (BOND 2008) - _ ... CITY PROJECT NO. 6494 AND 6495 - Bay, Ltd. P.O. Box 9900 Co • s Christi, Texas 78469 Tmias Stetting Construction Co. 20010 Feruhush Ln. Houston, Texas 77073 .,...,,.ccn Reytec Construction Romances 1901 Hollister Houston, TX 77000 a ca„m,a, c: EMI - o,,F111 MILE we Hams,Andersen Cmnc4 yion, Ltd. P.O. Box 7892 Ce . s Christi Texas 76457 Tota! Base Bid (Phase 1&2) (Parts A, B, C, D, F', F, G, H,4J,K,AND L) $14,312,846.30 $14,896,729.55 $15,098,589.10 $24146,564.85 ADDITIVE ALTERNATES NO. 1, 2, 3, 4, 5, 6, & 7 - PARTS M, N, P, O, R, S, & T No.1: Part M - (Phase 1) Jointed Concrete Pavement (Items Mt through M10) 5412,447.25 ($33,326.00] (536 458.00) , 41,4.,,i,"' Tmrar No.2: Part N - (Phase 1) R.T.A Bus Stop Pads (5 Each) (Items N1 through N8) $24 520.00 $28,380.00 540,725.00 550 885,00 No.3: Pari P - (Phase 1) Electrical Conduit for Future M.I.S. (Items P1 through P31 $48,581.00 $43,443.40 $48,239,00 $50,786.65 No.4: Part Q - (Phase 2) Jointed Concrete Pavement (Items Q1 through 010) $133,856.25 57,487.20 (528,166,00)', aswi✓ .a.. ORO' No.5: Part R - (Phase 2) R.T.A. Bus Stop Pads (4 Each) (sterns R1 through R8) 519,616.00 $34,239.00 532,580.00 541,094,00 No.6: Part S - (Phase 2) Electrical Conduit for Future M.I.S. (Items 81 through 03) 529,629.00 $26,531.40 528,629.00 531,692.50 No.7: Part T - (Phase 1 5 2) Project Completion in 540 Calendar Days (Item T1) 5100,000.00 5600,000.00 $100,000.00 WOW .:1",? 3 Arakt Total Addifive Alternates $768,649.50 $706, 755.00 $52 506.00 $101 671.65 PROJECT TOTAL TOTAL BASE BID + ADDITIVE ALTERNATES NO. 1, 2, 3, 4, 5, 6, & 7 515,061,495.80 515,603,484.55 $15,151,095.10 520,248,236.50 {1 l PROJECT BUDGET STAPLES PHASES 1 & 2 SARATOGA TO WILLIAMS (BOND ISSUE 2008) Project No. 6494/6495 December 13, 2011 FUNDS AVAILABLE: Streets CIP (Bond 2008) $11,100,000.00 Storm Water CIP 4,133,500.00 Wastewater CIP 1,143,500.00 j Water CIP 3,141,700.00 TOTAL 19,518,700.00 FUNDS REQUIRED: Construction (Bay, Ltd.) 15,081,495.80 Contingencies (7.5%) 1,131,112.19 Consultant Fees: Consultant (Freese & Nichols) Basic Fee$916,965(6.02%)• 1,733,317.00 Geotechnical Testing (Rock Engineering) 31,490.00 Materials Testing (Rock Engineering) 177,441.00 Project Mangementtinspection (R. H. Shackelford, Inc.) 296,865.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) 399,700.00 Engineering Services (Project Mgt/Constr MgtlTraffic Mgt) 386,959.00 Construction Observation Services (Included in Consultant Fee) 0.00 Finance Administration 181,680.00 Misc. (Printing, Advertising, etc.) 50,000.00 TOTAL $19,470 059.99 ` Consultant Contract approved by City Council on June 9, 2009 (Motion No. M2009-162). ESTIMATED PROJECT BUDGET BALANCE $48,640.02 —255— i File ,Mproject\councilexh\exh6494-6495.dwg NUECES BAY U sip N 1H37 � ch°Whet f H 37 PARE] o' v z AGNE5 w 0 a MO GAN CORPUS CHRIST! BAY v ¢ ¢ 5 CL ¢ � Q 1p O W. POINT �s 0 �v Sq�gTOG CAVO DEL OSO F.M. 43 q B�� PROJECTLOCATION � Phase 2 _ PROJECT LOCA77ON :3 Phase I cn0 A� FM 2444 r��r0 FLOUR BLUFF Oso Creek LOCATION MAP NOT To SCALE PROJECT#6494$ 6495 CITY COUNCIL EXHIBIT Staples Street, Phase 1 from Saratoga to Holly CITY OF CORPUS CHRISTI, TEXAS , Staples Street, Phase 2 from Holly to'Williams DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of f = f I ' Y i - r 4, SOU M.Shoreline Blvd.,Su€te 1600KI . Corpus Christi,Texas 78401 36?-5(ii-1;500 fax 361-561.6501 �lAvivi,froese com I November 29,2011 Pete Anaya,P.E. Director of Engineering Services. City of Corpus Christi P.O. Box 9277 Corpus Cluisti,Texas 78469 Re: Staples Street Phase 1—Saratoga to Holly(Bond 2008) and Staples Street Phase 2—Holly to Williams (Bond 2008) City Project No. 6494 and 6495 Mr. Anaya: The City of Corpus Christi received sealed bid proposals for the above referenced projects on November 9,2011 at 2:00 p.m. at the City Secretary's office. Attached is a tabulation of these bid proposals. Note: The two aforementioned projects were combined together into one construction contract.) Four(4)sealed bids were received for this construction project. All four bid proposals were properly executed and submitted in compliance with the bidding requirements for this project. We performed an analysis of the bids and found one minor arithmetical error in the bid proposal submitted by Reytec Construction Resources. This error,however,did not affect the outcome of the ranking. No other errors or irregularities were noted on the proposal forms. The bid breakdown for each of the four bidders is shown on the attached Tabulation of Bids, and the Base Bids are summarized below: Phase 1—Staples Street from Saratoga to Holly(Project#6494) Phase 2—Staples Street from Holly to Williams(Project#6495) -257- i g xl v 1' Pete Anaya,P.E. November 29,2011 Page 2 of 4 Bidder Phase 1 Phase 2 Total Base Bid Bay,Ltd. $9,031,269.20 $5,281,577.10 $14,312,846.30 Texas Sterling Construction $9,443,830.80 $5,452,898.75 $14,896,729.55 Reytec Construction Resources $9,428,576.90 $5,670,012.20 $15,098,589.10 Haas-Anderson Construction Ltd. $12,206,446.75 $7,940,118.10 $20,146,564.85 There are also a total of seven(7) Additive AIternates for this combined project, as follows: No. l (Phase 1)--Jointed Concrete Pavement No,2 (Phase 1)—R.T.A. Bus Stop Pads(5 Each) No. 3 (Phase 1)--Electrical Conduit for Future M.I.S. No.4(Phase 2)--Jointed Concrete Pavement No. 5 (Phase 2)—R.T.A. Bus Stop Pads (4 Each) No, 6 (Phase 2)—Electrical Conduit for Future M.I.S. No. 7 (Phase 1 &2)—Project Completion in 540 Calendar Days instead of 720 Calendar Days The bid breakout of these additive alternates for each of the four bidders is as follows: Reytec Haas-Anderson Texas Sterling Construction Construction, Additive Alternate Bay,Ltd. Construction Resources Ltd. No.1 $412,447.25 ($33,326.00) $36,458.00) NO BID* No.2 $24,520.00 $28,380.00 $40,725.00 $50,885,00 No.3 $48,581.00 $43,443.40 $48,239.00 $50,786.65 No.4 $133,856.25 $7,487.20 $28,166.00) NO BID* No,5 $19,616.00 $34,239.00 $32,580,00 $41,094.00 No.6 $29,629.00 $26,531.40 $28,629.00 $31,692.50 No.7 $100,000.00 $600,000.00 $100,000900 NO BID* TotalAdditive ,$768,649.50 $706,755.00 $185,549.00 $174,458.15* Alternates Total.Base Birt pigs Additive Alternates $14,859,149.80 $14,870,890.75 $15,033,965.10 $20,146,564.85* No. I & 4(Jointed Concrete Paventetrt *No Bid entered by Haas-Anderson Construction, Ltd, for Additive Alternates No. 1,4, &7 Bay,Ltd. is the apparent low bidder for this project based on Total Base Bid for Phases l and 2, Bay, Ltd. is also the apparent low bidder for this project based on Total Base Bid for Phases 1 and 2 including Additive Alternates#1 and#4 (Jointed Concrete Pavement), -258- I 41 ,� Pete Anaya,P.E. November 29,2011 Page 3 of 4 A life cycle cost analysis (LCCA) was performed using the Federal Highway Administration's"Real Cost"program to compare the two pavement design alternatives for this project. A 30-year Life Cycle Cost Analysis was performed to compare Hot Mixed Asphaltic Concrete (HMAC)and Portland 1 Cement Concrete. This program considers the initial costs of construction as well as costs incurred for future maintenance activities throughout the projected service life of the roadway. The program then converts total life cycle costs into present day value for cost comparison purposes. The life cycle cost analysis was performed using the total project cost and future anticipated maintenance costs p provided by the City. The results are summarized below: j Pavement Type Total Life Cycle Cost for 30 Years(Net Present Value Asphalt $15,537,040.00 Concrete $15,194,310.00 The results show that concrete is$342,730 less than the cost of asphalt using net present values. In addition to life cycle cost,other factors must be considered in the overall pavement selection process. It should be noted that although many contractors have a significantly higher level of asphalt roadway experience,all the contractors who bid concrete pavement have constricted concrete roadways in the past. The challenges with concrete roadway construction require a significantly higher level of construction planning. The strict adherence to the construction planning/phasing will minimize the opportunities for schedule creep. In order to minimize the opportunity for schedule creep,the proposed contract has established $1000/day in liquidated damages which is significantly higher than that established for other City projects and should serve as a tool for schedule adherence. The proposed contract also allows for extended work hours during nights and on Saturday and Sunday which again should facilitate adherence to project schedule: The proposed contract also sets the time of completion at 540 calendar days instead of 720 calendar days and includes a contractor payment of$100,000 if the project is completed in 540 calendar days. It should also be noted that concrete pavement will require less maintenance costs over its service life and less traffic closures for operation and maintenance which equates to a reduced impact to businesses and citizens. Based on these factors,Freese and Nichols, Inc. (FNI)recommends using concrete pavement for this project. Summarized below is the Total Amount Bid for each of the four bidders for the following recommended scope of work for concrete pavement: Bidder Total Amount Bid Bay, Ltd. $15,081,495.80 Reytec Construction Resources $15,284,138.10 Texas Sterling Construction $15,603,484.55 Haas-Anderson Constriction,Ltd. $20,321,023.00* (*No Bid for Alternate No. 1,4, & 7) Bay,Ltd. is the apparent lowest Bidder for this project based on the Total Base Bid plus the Additive Alternates No. 1 through 7. Bay, Ltd.has provided all requested documentation(Items A-28, A-29 and A-30) and everything appears to be in order. -259- x z �jj {{ � ` Pete Anitya,P.E. November 29,2011 Page 4 of 4 Based on the City's evaluation criteria for this project, Bay, Ltd. is the Iowest qualified Bidder,and their Total Amount Bid is within the construction budget. Therefore, FNI recommends that the City award the construction contract.for Staples Street from Saratoga to Holly(Project#6494)and Staples Street from Holly to Williams(Project#6495)to Bay,Ltd.of Corpus Christi,Texas in the amount of $15,081,495.80 for the scope of work including: Base Bid(Phase 1)+ j Base Bid(Phase 2)+ Additive Alternate No. I (Phase 1)+ Additive Alternate No. 2 (Phase 1)+ Additive Alternate No. 3 (Phase 1)+ Additive Alternate No. 4(Phase 2)+ Additive Alternate No. 5 (Phase 2)+ Additive Alternate No. 6 (Phase 2)+ Additive Alternate No. 7 (Phase 1 &2) Please note that,if Jointed Concrete Pavement(Additive AIternates No. 1 &4)is awarded in conjunction with R.T.A. Bus Stop Pads(Additive Alternates No. 2 &5), there will be no need for Items N1 through N6 and Items RI through R6 within Additive Alternates No. 2 and No. 5 respectively. This will result in a reduction of$38,196.00 in the total contract amount. If you have any questions regarding this matter,please feel free to contact us. Sincerely, FRE ESE AND NICHOLS,INC. Nicholas A. Cecava,P.E.,CFM OF� ell 10Orei.....uu....u........ - NICHOLAS A. CECAVA .04,60.....u..uu.....j../ 97391 o • �o FREESE AND NICHOLS, INC. TEXAS REGISTERED ENGINEERING FIRM F-2144 Attachment: Tabulation of Bids -260- i I i I i 13 S O AGENDA MEMORANDUM for the City Council Meeting of January 17, 2012 DATE: 12/20/2011 TO: Ronald L. Olson, City Manager FROM: Richard Badaracco, Interim Chief of Police Richardba(M-cctexas.com 886-2603 111 I Appropriating $100,000 from unreserved fund balance in Crime Control District Fund i CAPTION: Ordinance appropriating $100,000 from the unreserved fund balance in No. 9010 Crime Control j District Fund for"one-time" expenditures in the FY 2011/2012 operating budget, and changing the FY 20/1/2012 operating budget adopted by Ordinance No. 029155 by increasing appropriations by $100,000. BACKGROUND AND FINDINGS: On November 9, 2011, the Crime Control Board approved $100,000 for the one time purchase of police equipment to include tasers, patrol rifles, and "Go-Bags", a downed operator Kit with supplies needed to handle officers that become shooting victims, tourniquet, shears, gloves,.gauze, dressings, pressure cups, eye wound care, face shield, tape, and other first aid supplies. ALTERNATIVES: None - OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for appropriation of funds EMERGENCY/ NON-EMERGENCY: Item requires two readings. DEPARTMENTAL CLEARANCES:FINANCIAL IMPACT: Not Applicable X Operating Expense o Revenue a CIP Project to Date Fiscal Year: 2011-2012 Ex enditures CIP Current Year Future Years TOTALS Budget Encumbered 1 Expended Amount This item $100,000 $100,000 BALANCE $100,0001 $144,000 Fund(s): Crime Control District —263— i Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals• r Trisha Dang, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget D. Troy Riggs,Assistant City Manager I i J _ -264- Ordinance appropriating $100,000 from the unreserved fund balance in No. 9010 Crime Control District Fund for "one-time" expenditures in the FY 201112012 operating budget, and changing. the FY 201112012 operating budget adopted by Ordinance No. 029155 by increasing appropriations by$100,000. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: I SECTION 1. That $100,000 is appropriated from the unreserved fund balance in No. 9010 Crime Control District Fund for "one-time" expenditures in the FY 2011/2012 operating budget, and changing the FY 2011/2012 operating budget adopted by Ordinance No. 029155 by increasing appropriations by$100,000. ATTEST: THE CITY OF CORPUS CHRISTI i Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form: December 20, 2011 T. T isha Dang Assistant City Attorney For City Attorney —265— i 7 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez David Loeb Nelda Martinez f Larry Elizondo, Sr. Mark Scott Kevin Kieschnick I That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez David Loeb Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick APPROVED AND PASSED on this day of 2012 ATTEST: Armando Chapa, City Secretary Joe Adame, Mayor —266— i i 1 E I! I 1 4 j� I i I 14 ;i � cPs AGENDA MEMORANDUM "Van for the City Council Meeting of January 17, 2012 t DATE: 12/15/2011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Interim Director of Development Services/Building Official StephenD@cctexas.com (361) 826-3246 I Ordinance to consider abandoning and vacating two utility easements, out of Alameda Center, Unit 3, Lot 1. CAPTION: A) Ordinance abandoning and vacating a 342-square foot portion (0.007 ac.) of a 10-foot wide utility easement, out of Alameda Center Unit 3, Lot 1, located south of Robert Drive, and west of Delano Drive; requiring the owner, HEB Grocery Company, LP, to comply with the specified conditions. B) Ordinance abandoning and vacating a 469-square foot portion (0.010 ac.) of a 10-foot wide utility easement, out of Alameda Center Unit 3, Lot 1, located south of Robert Drive, and west of Delano Drive, requiring the owner HEB Grocery Company, LP, to comply with the specified conditions. BACKGROUND AND FINDINGS: Bury + Partners Engineering Solutions, Inc., on behalf of HEB Grocery Company, LP. ("Owner"), are requesting the abandonment and vacation of two 10-foot wide utility easements, out of Alameda Center Unit 3, Lot 1, to accommodate the expansion and development of the existing grocery store and its associated parking facilities. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Sec. 49-12 because Owner will be dedicating new utility easements of equal or greater value to off- set the proposed abandonment and vacation of the two utility easements. ALTERNATIVES: Denial of the proposed easement closures will adversely impact the owner's proposed expansion. OTHER CONSIDERATIONS: "Not applicable" K:1Legal\SHAREDILEGALrDEV.SVCS1201 I AgendaWameda Center,Unit 3(1-MB)112-13-2011,Alameda Center,Unit 3(HEB),Abandon-Vacate UE,Agenda Memo Revised,by EM.docx -269- Abandonment and Vacation: Alameda Center, Unit 3, Lot 1 Page 2 i CONFORMITY TO CITY POLICY: These requirements are in compliance with the City of Corpus Christi, Code of Ordinance Sec. 49-13, as. amended and approved on July 13, 2004, by Ordinance No. 025816. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. The City Water Department is requiring that owner maintain a minimum 15-foot wide utility easement for a proposed water main. None of the other city departments or franchised utility companies had any facilities or objections regarding the proposed utility easement abandonment. FINANCIAL IMPACT: Not applicable i Project to Date Expenditures Fiscal Year: 2011-2012 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item BALANCE Fund(s): Comments: NIA RECOMMENDATION: The owner will be dedicating a new.utility easement of equal or greater value than the property released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Sec. 49-12, therefore, staff recommends that the requirement of paying fair market value for the property be waived. Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the land, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Development Services, or his designee, as per City of Corpus Christi, Code of Ordinances Sec. 49- 13, as amended and approved on July 13, 2004, by Ordinance No. 025816. K:1Lega11SHAREDILE.GAL-DEV.SVCS12011 AgendaWameda Center,Unit 3(HEB)112-13-201I,Alameda Center,Unit 3(HEB),Abandon-Vacate UE,Agenda Memo Revised,by EM.doex —270— Abandonment and Vacation: Alameda Center, Unit 3, Lot 1 Page 2 1 LIST OF SUPPORTING DOCUMENTS: Location Map _ Ordinance (0.007 ac) Ordinance (0.010 ac) Approvals: Deborah Brown, Assistant City Attorney iEddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager I i K:1Lega[\SHAREDILEGAL-DEV.SVCS12011 AgendaWameda Center,Unit 3(HEB)112-13-2011,Alameda Center,Unit 3(HEB),Abandon-Vacate UE,Agenda rn Memo Revised,by EM.docx —271 — i i Ordinance abandoning and vacating a 342-square foot portion (0.007 ac.) of a 10-foot wide utility easement, out of Alameda Center Unit 3, Lot 1, located south of Robert Drive, and west of Delano Drive; requiring the owner, HEB Grocery Company, LP, to comply with the j specified conditions. Whereas, Bury + Partners Engineering Solutions, Inc., on behalf of HEB Grocery Company, LP (Owner) is requesting the abandonment and vacation of a 342 square foot portion (0.007 ac.) of a 10-foot wide utility easement, out of Alameda Center Unit 3, Lot 1, located south of Robert Drive, and west of Delano Drive, to accommodate the expansion and development of the existing grocery store and its associated parking facilities. Whereas, with proper notice to the public, a public hearing was held on Tuesday, January 17, 2012, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and.be heard; and Whereas, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 342-square foot portion (0.007 ac.) of a 10-foot wide utility easement, out of Alameda Center Unit 3, Lot 1, subject to the provisions below; (Exhibit A- Site Map, Exhibits B & C - Metes and Bounds Description & Accompanying Map). Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That a 342-square foot portion (0.007 ac.) of a 10-foot wide utility easement out of Alameda Center Unit 3, Lot 1, located south of Robert Drive, and west of Delano Drive, as recorded in Volume 49, Page 157 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2 below: Section 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) Since the Owner will be dedicating a new utility easement of equal or greater value than the property released by the City.in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Sec. 49-12, the requirement of paying fair market value for the property is waived. 2) The City Water Department is requiring that owner maintain a minimum 15- foot wide utility easement for a proposed water main. 3) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. -272- { Page 2 of 3 4) Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the land, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Development Services, or his designee, as per City of Corpus Christi, Code of Ordinances Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. 1 i Signatures on following page. K:1Legal%SHARED%LEGAL-DEV.SVC512011 Agenda%Alameda Center, Unit 3(HEB)%12-12-11 Ordinance Alameda Center,Unit 3, Lt.1,342-sq ft portion(0.007),AbandonBVacate,DWBFinal.d=2 3_ f Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb i Chris N. Adler John E. Marez a Larry R. Elizondo, Sr. Nelda Martinez j Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, 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 , 2012. ATTEST: Armando Chapa Joe Adame City Secretary Mayor .7 APPROVED APPROVED as to form only: 1-- , 2011 By: •,� eborah Walther Brow Assistant City Attorney ity Attorney Corpus Christi, Texas K:1LegaJISHAREDILEGAL-DEV.SVCS12011 AAgendaWiameds Center,Unit 3(HEB)k12-12-11 Ordinance Alameda Center,Unit 3, Lt.1,342-sq ft portion(0.007),Abandon&Vacate,DWBFinal.doo-274— f E Exhibit A Site Map cov . - - " k o �3a ao` Ode Mer 00A . SITE Rr Park + mark { . ury+Paa�aa+ers HEB-CARPUS CHRISTI #6 BHPINEEtIHti �OLYTIOt1al LOCATION MAP CORPUS CHRISTI, TEXAS ttllaa 1[ r fv-iwe AUG.2011 DRAWN BY:JAR SCALE;NTS No.RQiQ18695t)(}17 —275— x P Bury+Partners ENGINEERING SOLUTIONS 0.007 ACRES FN NO.50001-356-3 (34? Sq. Ft. ) AUGUST 01, 2011 50001-356ex7..DWG JOB NO. 50001-356. 93 FIELD NOTE DESCRIPTION PORTION OF 10' U.E. TO BE ABANDONED FOR A 0.007 ACRE TRACT OF LAND LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS AND BEING A PORTION OF LOT 1, ALAMEDA CENTER UNIT 3, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 49, PAGE 1,57, . MAP RECORDS OF NUECES COUNTY, TEXAS; SAID 0. 007 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, WITH. ALL BEARINGS BEING REFERENCED TO THE NORTHERLY LINE OF SAID LOT 1, ALAMEDA CENTER UNIT 3, BEING S 61° 58 ' 20" E: COMMENCING, AT A FOUND "X" MARKING THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROBERT DRIVE WITH THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE AND FURTHER MARKING THE MOST NORTHERLY CORNER OF LOT 7B OF SAID ALAMEDA ESTATES; THENCE, S 61° 58 ' 20 E. ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE, A DISTANCE OF 167. 62 FEET, TO A FOUND 5/8 INCH IRON ROD MARKING THE MOST NORTHERLY CORNER OF LOT 7C OF SAID ALAMEDA ESTATES; THENCE, S 280 01' 40" W, ALONG THE COMMON BOUNDARY LINE BETWEEN LOT 7C, LOT 7A AND LOT 7B, ALL OF ALAMEDA ESTATES, A DISTANCE OF 145.00 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 1, MARKING THE MOST WESTERLY CORNER OF SAID LOT 7C; THENCE, S 61° 58' 20" E, ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, A DISTANCE OF 325. 82 FEET To THE POINT of BEGINNING, OF THE HEREIN DESCRIBED TRACT; THENCE, S 611' 58' 20" E, CONTINUING ALONG THE COMMON BOUNDARY LINE OF SAID LOT 1 AND LOT 3 OF SAID ALAMEDA ESTATES, AS RECORDED IN VOLUME 7, PAGE 41 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, A DISTANCE OF 34 . 38 FEET TO A POINT FOR THE MOST NORTHERLY-NORTHEASTERLY CORNER OF SAID LOT 1, ALAMEDA CENTER UNIT 3; Page 1 of 3 Exhibit B - _276_ Metes & Bounds i i i THENCE, S 290 05' 55" W, ALONG THE COMMON BOUNDARY LINE OF SAID LOT 1 AND LOT E, ALAMEDA CENTER UNIT II, AS DESCRIBED IN VOLUME 49, PAGE 157 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, : A DISTANCE OF 10.00 FEET TO A POINT FOR THE SOUTHERLY CORNER OF HEREIN DESCRIBED 10' U.E. TO BE ABANDON EASEMENT; THENCE, INTO AND ACROSS SAID LOT 1, THE FOLLOWING COURSES: N 610 58' 20" W, A DISTANCE OF 34 . 19 FEET TO A POINT; N 28° 01' 40" E, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 0. 007 ACRES OF LAND, MORE OR LESS. OF P. .. HAL B. LANE I I I z 0. - �•'N ...�.............�.. REGISTERED PROFESSIONAL LAND SURVEYOR 1-Ip` ... LANE III TEXAS REGISTRATION NUMBER 46904680 ti' BURY+PARTNERS, INC. � '? 922 ISOM ROAD, SUITE 100 SAN ANTONIO, TEXAS 78216 210/525-9090 Page 2 of 3 -277- i SHEET 3 OF 3 saF a 50 100 150 200 rsi IVF � LE{iENo A,. 40" s� ' 01/2" IRON ROD FOUND (UNLESS NOTED) 0 1/2' IRON ROD SET Q 4 4o �cT gar � C o r �l �� 5' U.E. Ae VOL 2J/PG. 52 44 4 Z 9 (OT N, -N. RSSgTFS 0 fpq F 2 ? Sr IO' U.E. ABANDONED 4Or pC4 S BY CITY ORD. NO. N,N, ,3 / 18084 10' U.E. `� =` t} D. PORTION OF 10' U.E. VOL. 49, PG. 157 '4 c, TO BE ABANDONED PORTION OF 10' U.E. 007-ACRES ABANDONED BY CITY q<gMf ORD. NO.026979 (342 SQ. FT.) Oq �0T 10' U.E. <• Cf"T 7VOL. 49, PG. 157 q/ s pc R Lry/r 4gM�aq for 49 f"TF 7 E`O � / LINE TABLE - UNE BEARING LENGTH Exhibit C L1 S61 56'20" 34.38 Map of Metes and L2 S29'05'WW 119.00' Bounds Description L3 NW 8'20"W 34.14' / L4 N28'01'40" 10.00' / Bury+Partners SKETCH TO ACCOMPANY DESCRIPTION OF HEB GROCERY M a I x E z e I FI o SOLUTIONS OF A_ 0.007 ACRE TRACT OF LAND SITUATED IN e 9 N O N Joe TEXAS. CITY OF CORPUS CHRISTI, NUECES COUNTY, COMPANY LP. - m v tet+ TEXAS. BEING A PORTION OF LOT 1, ALAMEDA Sm Aw&mJ% i00tI pas{zia)�mxa CENTER UNIT 3. A SUBDIVISION OF RECORD IN TaL 121 AU-s a eCeagll11t zoos VOLUME 49, PAGE 157 OF THE MAP RECORDS OF CORPUS CHRISTI #6 NUECES COUNTY, TEXAS DATE OS/01/1i DRAWN BY. MAV RLE N:\5DO01\355\5DOO1-356eX7.DWG FN NO. 50DO1-356-3 PROJECT No.-50 -278- 1 - Ordinance abandoning and vacating a 469�square foot portion 0.010 ac.) of a 10-foot wide utility easement, out of Alameda Center Unit 3, 1 Lot 1, located south of Robert Drive, and west of Delano Drive; I requiring the owner HEB Grocery Company, LP, to comply with the I' specified conditions. Whereas, Bury + Partners Engineering Solutions, Inc., on behalf of HEB Grocery Company, LP (Owner) is requesting the abandonment and vacation of a 469-square foot portion (0.010 ac.) of a 10-foot wide utility easement out of Alameda Center Unit 3, Lot 1, located south of Robert Drive, and west of Delano Drive, to accommodate the expansion and development of the existing grocery store and its associated parking facilities. i Whereas, with proper notice to the public, a public hearing was held on Tuesday, January 17, 2012, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and Whereas, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 469-square foot portion (0.010 ac.) of a 10-foot wide utility easement out of Alameda Center Unit 3, Lot 1, subject to the provisions below; (Exhibit A - Site Map, Exhibits B & C - Metes and Bounds Description & Accompanying Map). Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That a 469-square foot portion (0.010 ac.) of a 10-foot wide utility easement out of Alameda Center Unit 3, Lot 1, located south of Robert Drive, and west of Delano Drive, as recorded in Volume 49, Page 157 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below: Section 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) Since the Owner will be dedicating a new utility easement of equal or greater value than the property released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Sec. 49-12, the requirement of paying fair market value for the property is waived. 2) The City Water Department is requiring that owner maintain a minimum 15-f0t wide utility easement for a proposed water main. 3) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. K:ILegalkSHAREDILEGAL-DEV.SVCS12t111 AgendalAlemeda Center Unit 3(HEB)112-12-11 Ordinance Alameda Center,unit 3,re, 469-sq ft portion,Abandon&Vacate,DWBFlnal.doc —279— Page 2of3 4) Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the land, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the j Assistant City Manager of Development Services, or his designee, as per City of Corpus Christi, Code of Ordinances Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. i Signatures on following page. K:1Legal\SHAREDILEGAL-DEV,SVCS12011 Agenda\Alameda Center,Unit 3(HEB)N12-12-11 Ordinance Alameda Center,Unit 3,re, 469-sq ft portion,AbandonBVacate,DWBFinal.doc —280— J Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the - - day of , 2012, by the following vote. Joe Adame David Loeb 1 Chris N. Adler John E. Marez 1' Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal j That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb I 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 , 2012. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: /. 2011 By: Z2 .� �ssiotant rate Walther Brown City Attorney for City Attorney Corpus Christi, Texas K:1LegalISHARED\LEGAL-DEV.SVCS=l 1 Agenda\Alameda Center,Unit 3(HES)M-12-11 Ordinance Alameda Center,Unit 3,re, 469-sq tt portion,Abandon&Vacate,DWBFinal.doc —281— well Lao Site Exhibit Map Coo, r . Q - �tr r , k d. _ho10 F sy A SITE A. cv AV 4-1 Ap Bur + rs HEB-CORPUS CHRIST! #6 grr[il=M�tR111'6 74�.1tTrC>FI� LOCATION MAD i - •' - CORPUS CHRISTI, TEXAS _ rr. m�r 1,UG 2011 DRAWN SY.JAR SCAM NTS Na.P.010185980Dt 7 -282- 1 . . P Bury+Partners ENGINEERING SOLUTIONS l - j0.010 ACRES FN NO.50001-356-4 (469 Sq. Ft. ) SEPTEMBER 15, 2011 50001-356ex9.DWG JOB NO. 50001-356. 93 FIELD NOTE DESCRIPTION PORTION OF 10' U.E. TO BE ABANDONED FOR A 0.010 ACRE TRACT OF LAND LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS AND BEING A PORTION OF LOT 1, ALAMEDA CENTER UNIT 3; ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 49, PAGE 157, MAP RECORDS OF NUECES COUNTY, TEXAS; SAID 0.010 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, WITH ALL BEARINGS BEING REFERENCED TO THE NORTHERLY LINE OF SAID LOT 1, ALAMEDA CENTER UNIT 3, BEING S 61° 5B ' 20- E: C014MENCING, AT A FOUND "X" MARKING THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROBERT DRIVE WITH THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE AND FURTHER MARKING THE MOST NORTHERLY CORNER OF LOT 7B OF SAID ALAMEDA ESTATES; THENCE, S 51° 58 ' 20" E, ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE, A DISTANCE OF 167. 62 FEET, TO A FOUND 5/B INCH IRON ROD MARKING THE MOST NORTHERLY CORNER OF LOT 7C OF SAID ALAMEDA ESTATES; THENCE, S 280 011 40" W, ALONG THE COMMON BOUNDARY LINE BETWEEN LOT 7C, LOT 7A AND LOT 7B, ALL OF ALAMEDA ESTATES, A DISTANCE OF 145. 00 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 1, MARKING THE MOST WESTERLY CORNER OF SAID LOT 7C; THENCE, S 610 58' 20" E, ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, A DISTANCE OF 140.55 FEET TO THE POINT OF BEGINNING, OF THE HEREIN DESCRIBED TRACT; THENCE, S 610 58' 20" E, CONTINUING ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, A DISTANCE OF 46.92 FEET TO A POINT FOR THE EASTERLY CORNER OF HEREIN DESCRIBED TRACT; THENCE, INTO AND ACROSS SAID LOT 1, THE FOLLOWING COURSES: Page 1 of 3 Exhibit B _ Metes and Bounds Description -283- i S 280 01' 40" W, A DISTANCE OF 10. 00 FEET TO A POINT; N 610 58' 20" W, A DISTANCE OF 46. 92 FEET TO A POINT; N 280 01' 40" E, A DISTANCE OF 10.00 FEET TO THE POINT of BEGINNING, CONTAINING AN AREA OF 0 .010 ACRES OF LAND, MORE OR DESS. A OF HAL B. LANE IIIf 1laL S.LANE III ..x....46$0..: �... REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NUMBER 4690 � j■S BURY+PARTNERS, INC. 922 ISOM ROAD, SUITE 100 SAN ANTONIO, TEXAS 78216 210/525-9090 Page 2 of 3 -284- SHEET S OF s f]E 1 0 50 100 150 200 1" 100' -- "�► ° r �eLC LEGEND - � T ,�2 a7'R s 1/2' IRON ROC FOUND (UNLESS N01E0) 0 1/2' MCN ROC S--T (OT t� VOL. 2, PG. 52 / 10' U.E, i�4 C X07. VOL. 49, PG. 157 • '� / 0 ,� a 10' U.E. ABANDONED 8Y Cm 4RD. NO. T� 2 (•7 S 18084 , PORTION OF 10 U.E ` TO BE ABANDONED 0.010 ACRES '' • • (469' SQ. FT.) PORTION OF 10' U.E. ABANDONED BY CITY ORD. NO.026979 �(q� 0 ��°�f SOT 0 Ta(. cF F S©� (' �g FACER VOL 49, PG. 157 � p'� J LINE TABLE Exhibit C 15 N28'01'40" t LINE BEARING LE.nff / Map of Metes and E LB Ss1'5820 E 46.V / Bounds Description L7 S2fi'01'40"W 10.00' / p L8 N81'58'20"W .4e.sz' / Bury+PartIIDrs SKETCH TO ACCOMPANY DESCRIPTION OF HEB GROCERY ENO 1 H E!R 1 N O SOLUTIONS OF A QU07 ACRE TRACT AND 0.010 ACRE TRACT OF _ Axl Lnm Iw.e.sn11e lu0 LAND SITUATED IN THE CITY OF CORPUS CHRISTI, COMPANY LP. _ hipm P,u v e NUECES COUNTY, TEXAS, BEING A PORTION 0P LOT 1, Ta Amim2s 17 7 18{a�o)szT-asxA �MEDA CENTER UNIT 3. A SUBDIVISION OF RECORD Bmy+81055"4+-1sT.Iaz(210525ocam4- 29 IN VOLUME 49, PAGE 157 OF THE MAP RECORDS OF CORPUS CHRISTI m6 _ NUECES COUNTY, TEXAS DATE:09/15/11 DRAWN BY. MAV FTLE: H:\50001\35650001-356ex9.DWG FN NO. 50001-356- 4 PROJECT No.-50061_3gS .-285- i i 1 r i 15 i 1113 cP ins AGENDA MEMORANDUM for the City.Council Meeting of January 17, 2012 DATE: 12/15/2011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Interim Director of Development Services/Building Official I StephenD@cctexas.com (361) 826-3246 Ordinance to consider abandoning and vacating four easements out of Alameda Estates, Block 2 CAPTION: A) Ordinance abandoning and vacating a 658-square foot portion (0.015 ac.) of a 5-foot wide utility easement out of Alameda Estates, Block 2, Lot 3, located south of Robert Drive, and west of Delano Drive; requiring the owner HEB Grocery Company, LP, to comply with the specified conditions. B) Ordinance abandoning and vacating a 1,450-square foot portion (0.033 ac.) of a 10-foot wide aerial electrical easement out of Alameda Estates, Block 2, Lot 3, located south of Robert Drive, and west of Delano Drive; requiring the owner, HEB Grocery Company, LP, to comply with the specified conditions. C) Ordinance abandoning and vacating a 1,699-square foot portion (0.039 ac.) of a 5-foot wide utility easement out of Alameda Estates, Block 2, Lots 7A, 7C, 7D and 7E, located south of Robert Drive, and west of Delano Drive; requiring the owner, HEB Grocery Company, LP, to comply with the specified conditions. D) Ordinance abandoning and vacating a 2,144-square foot portion (0.049 ac.) of a 10-foot wide gas easement out of Alameda Estates, Block 2, Lots 7E and 71=, and an unplatted tract of land (known as "Lot I" in the Nueces County Appraisal District Records), located south of Robert Drive, and west of Delano Drive; requiring the owner, HEB Grocery Company, LP, to comply with the specified conditions. BACKGROUND AND FINDINGS: Bury + Partners Engineering Solutions, Inc., on behalf of HEB Grocery Company, LP. ("Owner"), are requesting the abandonment and vacation of four easements, a 10-foot wide aerial electrical easement, 10-foot wide gas easement, and two 5-foot wide utility easements, all out of Alameda Estates, Block 2, to accommodate the expansion and development of the existing grocery store and its associated parking facilities. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Sec. 49-12 because Owner will be dedicating new utility easements of equal or greater value to off- set the proposed abandonment and vacation of the four easements. lC:lLegallSFiARED1LEGAL-DEV.SVCS12011 AgendaL4lameda Estates,Block 2112-13-2 � nada Estates,stock 2,(HEB),Agenda Memo Revised,by EM.docx j i Abandonment and Vacation:. Alameda Estates, Block 2 Page 2 ALTERNATIVES: Denial of the proposed easement closures will adversely impact the owner's proposed expansion. a j OTHER CONSIDERATIONS: I Not applicable" i CONFORMITY TO CITY POLICY: jThese requirements are in compliance with the City of Corpus Christi, Code of Ordinance Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. The City Water Department is requiring that owner maintain a minimum 15-foot wide utility easement for a proposed water main. None of the other city departments or franchised utility companies had any facilities or objections regarding the proposed utility easement abandonment. FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2019-2012 CIP on! Current Year Future Years TOTALS Line Item Budget Encumbered I Expended Amount This item BALANCE Fund(s): Comments: NIA K:1Lega11SHAREDILEGAL-DEV.SVCS12o11 Agenda'Alameda Estates,Block 2112-13-2QO&M.da Estates,Block 2,(HES),Agenda Memo Revised,by EM.docx Abandonment and Vacation: Alameda Estates, Block 2 Page 3 RECOMMENDATION: The owner will be dedicating a new utility easement of equal or greater value than the property released by the - City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Sec. 49-12, therefore, staff recommends that the requirement of paying fair market value for the property be waived. Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the land, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Development Services, or his designee, as per City of Corpus Christi, Code of Ordinances Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. LIST OF SUPPORTING DOCUMENTS: Location Map Ordinance (0.015 ac), Ordinance (0.033 ac), Ordinance (0.039 ac), and Ordinance (0.049 ac) Approvals: Deborah Brown, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager K:1Lega11SHAREDILEGAL-DEV.SVCW011 AgendaWlameda Estates,Block 2112-13-229 41ameds Estates,Block 2,(HEB),Agenda Memo Revised,by EM.docx i i i Ordinance abandoning and vacating a 658-square foot portion (0.015 ac.) of a 5-foot wide utility easement out of Alameda Estates, Block 2, Lot 3, located south of Robert Drive, and west of Delano Drive; requiring the owner HES Grocery Company, LP, to comply with the specified conditions. i :I Whereas, Bury + Partners Engineering Solutions, Inc., on behalf of HEB Grocery Company, LP (Owner) is requesting the abandonment and vacation of a 658-square foot portion (0.015 ac.) of a 5-foot wide utility easement out of Alameda Estates, Block 2, Lot 3, located south of Robert Drive, and west of Delano Drive, to accommodate the expansion and development of the existing grocery store and its associated parking facilities. Whereas, with proper notice to the public, a public hearing was held on Tuesday, January 17, 2012, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and Whereas; it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 658-square foot portion (0.015 ac.) of a 5-foot wide utility easement out of Alameda Estates, Block 2, Lot 3, subject to the provisions below; (Exhibit A - Site Map, Exhibits B & C - Metes and Bounds Description & Accompanying Map). Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That a 658-square foot portion (0.095 ac.) of a 5-foot wide utility easement out of Alameda Estates,. Block 2, Lot 3, located south of Robert Drive, and west of Delano Drive, as recorded in Volume 7, Page 41 of the Map Records of Nueces County, Texas, and more particularly described as recorded in Volume 49, page 157 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2 below: Section 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) Since the Owner will be dedicating a new utility easement of equal or greater - value than the property released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Sec. 49-12, the requirement of paying fair market value for the property is waived. 2) The City Water Department is requiring that owner maintain a minimum 15- foot wide utility easement for a proposed water main. 3) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval —292— 1 i - Page 2 of 3 l I 4) Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the land, an up-to-date survey, j abstracted for all easements and items of record, must be submitted to the J Assistant City Manager of Development Services, or his designee, as per City j of Corpus Christi, Code of Ordinances Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. i i Signatures on following page. K.V-egal%SHAREDIEGAL-DEV.SVCS12011 AgendaWameda Estates,Block 2112-13-11 Ordinance(A)Alameda Center,Block 2, Lot 3,re,658-sq ft portion,AbandonVacate,DWB FINAL.doc-..2 9 3— Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, 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 , 2012, 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 ' 2012. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as tLform ly , 2011 ByjDssistant orah Walther Brown City Attorney ty Attorney Corpus Christi, Texas K:ILegalkSHAREDILEGAL-DEV.SVCS12011 AgendaWameda Est tes,Block 2112-13-11 Ordinance(A)Alameda Center,Block 2, Lot 3,re,658-sq ft portion,Abandon&Vacate,DWB FINAL.doc— � i JL- Exhibit A Site Map Cared f � Seaside Mer � f O-0 ca . ML A4- 'ftrk SITE Gis 4t-. 15. ; � Wino5or 'y � h Buri+PaMerS HEB-CORPUS CHRISTI #6 61481HEie1NG lOLQTIamI ° LOCATION MAP i 10 CORPUS CHRISTI, TEXAS nil isr�.ee�e.aoa x p iwe AUG 2011 DRAWN BY:JAR I SCALE;I No, 010166950017 —295— Bury+Partners E N G IN E E R ING SO L UTI ON S 0.015 ACRES FN NO. 50001-514-1 1658 Sq. Ft. ) AUGUST 01, 2011 50001-514EXH2.dwg JOB NO. 50001-514. 92 FIELD NOTES FOR A 0. 015 ACRE TRACT OF LAND LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS AND BEING A PORTION OF LOT 3, BLOCK 2, ALAMEDA ESTATE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 7, PAGE 41, MAP RECORDS OF NUECES COUNTY, TEXAS; SAID 0.015 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, WITH ALL BEARINGS BEING REFERENCED TO THE NORTHERLY LINE OF LOT 1, ALAMEDA CENTER UNIT 3, AS RECORDED IN VOLUME 49, PAGE 157 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, BEING S 61- 58' 1a58` 20" E: COMMNCING, AT A FOUND "X" MARKING THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROBERT DRIVE WITH THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE AND FURTHER MARKING THE MOST NORTHERLY CORNER OF LOT 7B, ALAMEDA ESTATES, AS DESCRIBED IN VOLUME 23, PAGE 52, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS; THENCE, S 610 58 ' 20" E, ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE, A DISTANCE OF 167. 62 FEET, TO A FOUND 5/8 INCH IRON ROD MARKING THE MOST NORTHERLY CORNER OF LOT 7C, ALAMEDA ESTATES, AS DESCRIBED IN VOLUME 23, PAGE 52, OF THE MAP RECORDS OF NUECES COUNTY, TEXA; THENCE, S 61° 58 ' 20" E, CONTINUING ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE, A DISTANCE . OF 467. 48 FEET, TO A 4 INCH IRON ROD SET WITH BPI CAP FOR THE EASTERLY CORNER OF SAID LOT 3; THENCE, S 280 01 ' 40" W, LEAVING THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 3, A DISTANCE OF 140. 00 FEET, TO THE POINT OF BEGINNING; THENCE, S 28' 01 ' 40" W, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 3, BLOCK 2, P_ DISTANCE OF 5.00 FEET, TO A SET 'i INCH IRON ROD WITH BPI ON THE NORTHERLY LINE OF LOT E, ALAMEDA CENTER UNIT II AS DESCRIBED IN VOLUME 33, PAGE 85, OF THE MAP RECORDS OF NUECES COUNTY, TEXA, FOR THE SOUTHERLY CORNER OF SAID LOT 3, BLOCK 2; Exhibit B _ Metes and Bounds F992 Page 2 of 3 I 1 THENCE, .N 610 58 ' 20" Sri, ALONG ;HE SOUTHWESTERLY LINE LOT .3, BLOCK 2, SAME BEING THE NORTHEASTERLY LINE OF SAID 13T A DIS'T'ANCE OF 107 . 28 FEET, TO A SET 1,2 INCH IRON ROD WITi BPI CAP, FOR THE MOST NORTH-NORTHEASTERLY CORNER OF SAID LOT 1 ALA?gED_k CENTER UNI- 3; - THENCE, N 61° 58 ` 20" iii, ALONG -THE SOUTHWESTERLY LINE OF SAID LOT 3, SALHIE BEING THE NTORTHERL."s LINE OF SAID LOT CENTER UNIT 3, A DISTANCE OF 24 . 3S FEET, TO A SET % INCH i RON ROD WITH BPI CAP, MARKING THE MOST WESTERLY CORNER OF HEREIN DESCRIBED TRACT; THENCE, N 28° 01 ' 40" E, CROSSING SAID LOT 3, BLOCK 2, A DISTANCE OF 5. 00 FEET, TO A POINT FOR THE NORTHERLY CORIS7ER OF HEREIN DESCRIBED TRACT; THENCE, S 610 58 ' 20" E, CROSSING SAID LOT 3, BLOCK 2, A j DISTANCE OF 131. 66 FEET TO THE POINT QF BEGINNING AND CONTAINING 0 . 015 ACRES (658 SQ. FT'. ) OF LAND, MORE OR. LESS. I, HAI S. LANE III, A REGISTERED PROFESSIONAL LAMID SURVE7 R, DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS OETEr,MINED FROM A SURVEY MADE ON THE GROUND UNDER MY DTRECTION AND SUPERVISION. �6✓ ��OF HAL S. LANE III, R. P. L. S DA.T ••...•.......... HAL B.LANA 11] TEXAS REGISTRATION NUMBER 4690 =•o...4s�0 ... ... BURY & PARTNERS �� ENGINEERS & SURVEYORS '•.. 0 922 ISOM ROAD, SUITE #100 SAN ANTONIO, TEXAS 78216 -297- SHEET 3 OF 3 1 3 FOUND 'X' ON CONCRETE li A/ p_C' FOUND 5/E'IRON ROD f` as 4�A!u+EDA ESTA�cs 4� VOL23, PG.52 h �vQv- �^,y. 82a 0 20 40 60 IS 1„-40' A$,Z4 'ar I a, j°'�°4• ,aa. \,. lip��•� �,�5 o° S•U 4 �° .... l � +o' SLI �'4rlf [p a• `��.•_ '°� '� T �qeA 1/0 D, ase�o�VNr N- ssJ• sQ ` � Tp a �� p�� A fi 116 oho pG � S "�` ry �• - �"o LOT E ALAMEDA CENTER Utgl'T If o VOL 33, PG.85 d o 2 Exhibit C N�'' LEGEND Map of Metes ands°' Bounds Description �dS a 5/8' IROIJ ADO FLwNO, p 40• O 1/2' FROPF ROD SET fiC,14 PIPE t OU D 'X' FOUND �p B +Patners SKETCH TO ACCOMPANY DESCRIPTION OF HEB GROCERY ENG!NEER 1 N G S q l 1!T 1 O}!S FAR A 0.015 ACRE TRACT OF LAME) LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS COMPANY LP. M W.PW d.$Wte JDD AND BEING A PORTION OF LOT 3, BLOCK 2, ALAMEDA Sen b adl?.1Y 71219 ESTATE, ACCORDING TO THE MAP OR PLAT THEREOF TEL(210)52&-DW Pas 1210)52$-=� RECORDED IN VOLUME 7. PAGE 41, GAAP RECORDS OF CORPUS CHRISTI W6 @nr�"Pnrherx-sC JnT$cepsrirht anr+g 14UECES COUNTY, TEXAS. DA k.US/01/11 DRAVM BY: MAV FILE. H:\SODUI\544\50001-514EXH2.DW Fti NO. 500111-514-1 PROJECT N.--50001-514.92 -298- { Ordinance abandoning and vacating a 1,450-square foot portion 1 (0.033 ac.) of a 10-foot wide aerial electrical easement out of Alameda Estates, Block 2, Lot 3, located south of Robert Drive, and west of Delano Drive; requiring the owner, HEB Grocery Company, LP, to comply with the specified conditions. Whereas, Bury f Partners Engineering Solutions, Inc., on behalf of HEB Grocery Company, LP (Owner) is requesting the abandonment and vacation - q 9 of a 1,450 square foot portion (0.033 ac.) of a 10-foot wide aerial electrical easement, out of Alameda Estates, Block 2, Lot 3, located south of Robert Drive, and west of Delano Drive, to accommodate the expansion and development of the existing grocery store and its associated parking facilities. Whereas, with proper notice to the public, a public hearing was held on Tuesday, January 17, 2012, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard, and Whereas, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 1,450-square foot portion (0.033 ac.) of a 10- foot wide aerial electrical easement, out of Alameda Estates, Block 2, Lot 3, subject to the provisions below; (Exhibit A - Site Map, Exhibits B & C - Metes and Bounds Description &Accompanying Map). Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That a 1,450-square foot portion (0.033 ac.) of a 10-foot wide aerial electrical easement out, of Alameda Estates, Block 2, Lot 3, located south of Robert Drive, and west of Delano Drive, as recorded in Volume 7, Page 41 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2 below: Section 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) Since the Owner will be dedicating a new utility easement of equal or greater value than the property released by the City in this easement closure action, in,accordance with City of Corpus Christi, Code of Ordinance Sec. 49-12, the requirement of paying fair market value for the property is waived. 2) The City Water Department is requiring that owner maintain a minimum 15 foot wide utility easement for a proposed water main. 3) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. —299— { Page 2 of 3 4) Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the land, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Development Services, or his designee, as per City of Corpus Christi, Code of Ordinances Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. i i Signatures on following page. KALega11SHAREDILEGAL-DEV.SVCS12011 AgendaWameda Est lock 2112-13-11 Ordinance(B)Alameda center,Block 2, Lot 3,re, 1,450-sq ft portion,Abandon&Vacate,DWB FINAL.docd I - Page 3 of 3 i i That the foregoing ordinance was read for the first time and passed to its second j reading on this the day of , 2012, by the following vote: Joe Adame David Loeb 1 Chris N. Adler John E. Marez 1 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 , 2012, 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 , 2012. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form only: Ise 2011 By: q�/r eborah Walther Brow Assistant City Attorne f ity Attorney Corpus Christi, Texas K:1LegaRSHAREDILEGAL-DEV.SVCS12011 AgendaWameda Estates,Block 2112-13-11 Ordinance(B)Alameda Center,Block 2, Lot 3,re, 1,450-sq ft portion,Abandon&Vacate,DWB FINAL.do�3 01 - { >6Exhibit A Site Map ace VIP sbaside (vier 40 wily SITE , �I,e 1 Bury'+Pa .ens HEB-CORPUS CHRISTI #6 FNOfNZR1N6 506tlY10�ii an ' '.1°° LOCATION MAP CORPUS CHRISTI, TEXAS ��' Una lf�tr Y:ERIE aosrrae�me-li,�eek ion AUG 2011 DRAWN BY:JAR SCAM NTS No.Et0101�}G95fl017 —302— i - 1 P Bury+Partners I ENGINEERING SOLUTIONS 0. 033 ACRES FN NO. 50001-356-4R (1, 450Sq. Ft. ) SEPTEMBER 06, 2006 50001-356ex4 .DWG JOB NO. 50001-356. 93 FIELD NOTE DESCRIPTION 10' OVERHEAD ELECTRIC EASEMENT TO BE ABANDONED I FOR A 0.033 ACRE TRACT OF LAND LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS AND BEING A PORTION OF AN UNPLATTED 65.82' X. 145' TRACT (KNOWN AS "LOT I" IN THE NUECES COUNTY APPRAISAL DISTRICT RECORDS) AND REFERRED TO HEREIN AS "LOT I" WITHIN AND FURTHER BEING A PORTION OF LOT 3, BLOCK 2, ALAMEDA ESTATES, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 7, PAGE 41, MAP RECORDS OF NUECES COUNTY, TEXAS; SAID 0. 033 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING, AT A FOUND "X" M- ARKING THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROBERT DRIVE WITH THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE AND FURTHER MARKING THE MOST NORTHERLY CORNER OF LOT 7B, ALAMEDA ESTATES, AS RECORDED IN VOLUME 23, PAGE 52, MAP .RECORDS OF NUECES COUNTY, TEXAS; THENCE, S 61° 58 ' 20" E, ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE, A DISTANCE OF 167. 62 FEET, TO A FOUND 5/8 INCH IRON ROD MARKING THE MOST NORTHERLY CORNER OF LOT 7C OF SAID ALAMEDA ESTATES; THENCE, S 61° 58 ' 20" E, ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE, A DISTANCE OF 325. 62 FEET, TO THE POINT OF BEGINNING, MARKING THE MOST NORTHERLY CORNER OF HEREIN DESCRIBED TRACT; THENCE, S 61' 581 20" E, ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE, A DISTANCE OF 10. 00 FEET, TO, A POINT, MARKING THE MOST EASTERLY CORNER OF HEREIN DESCRIBED TRACT; THENCE, S 280 01 ' 40" W, LEAVING THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE, ALONG THE SOUTHEASTERLY LINE OF SAID "LOT I", A DISTANCE OF 145. 00 FEET TO A POINT IN THE NORTHEASTERLY LINE OF LOT 1, ALAMEDA CENTER, UNIT 3, ACCORDING TO THE MAP OR Pace 1 of 5 Exhibit B -303- Metes and Bounds Description i { PLAT THEREQF RECO'DED }?: VOLiII�1I Q, PAGE 157, MAP 1RECOR Q C h NUECES COUNTY, TEXAS, MARKING THE MOST SOUTHERLY CORNER Oz SAID LOT 3; THENCE, N 61" 56' 20" W, ALONG THE NOR'T'HEASTERLY LINE .OF SAID F j LOT 1, A DISTANCE OF 1.0. 00 FEET TO A POINT FOR THE WESTERLY i CORNER OF HEREIN DESCRIBED TRACT; T'HEN'CE, N 28" 01.' 40- E, CROSSING SAID "LO'T' I", A DISTAht--E OF 14 5 . 0 0 FEET `O THE POINT OF BEGnMMG, CONTAIN I N CZ AN A3=',FA 0. 033 ACNES OF LAND, MORE OR LESS . i i HAL tB. LANE IIZ ..HI�I_B. LANE fel , .�... 4680 ` REGISTERED PROFESSIONAL LAND SURVEY-OR � TEXAS REGISTRATION NUMBER 9590 �y,�•�.�ss,..�C� BURY+PARTNERS, INC. 5 922 ISOM ROAD, SUITE 100 SAN ANTONIO, TEXAS 78216 210/525-909D -304- i f - HEET 8 OF 3 j 0 50 100 150 200 1"=100' Tu°= LE11END 0 1/2' IRD74 ROD FOUND (UNIr5S NO-IM) 1 �0��0 o= 0 1/2-1RON ROD Sr_T � a a 40 VOL. 2 �PG. 52 i r 7 2p z p �' 7000 0 e o 10' U.E. ABAND014ED ` �11Z p0 >add BY CITY ORI]. NO. T 8084 1 ,a`� c�CID 10' OVERHEAD~.� y ELECTRIC EASEMENT T0. BE ABANDONED 0.033 .ACRES �s7- 0Z. .0Z 04 r 10' U.E. { ] s . _V,9 ]�- VOL. 49, G. 157 ,c] �Op,°on, �p1 9 i SA Exhibit C LINE TABLE Map of Metes and LINE SEARING LENGTH Bounds Description 4 L1 .561'58'20"E 1,53.54' f 12 S28'01'40'W 1Q.00' / L3 N81'58'20''fr L4 N28-01-40"E _1Q.00- Bury. 0.00'B77ii . Partners SKETCH TO ACCOMPANY DESCRIPTION OF ` FCR A O-OM ACRE TRACT OF LAND LOCAT0 IN THE CITY OF CORPUS r-4Mc1, HEB GROCERY E 2 I 1 N ESR 1 N a SOLUTIONS IJUECE.S ;WM �5 A.W BERIG A PDR11ON OF AN UNFLATTED 65.8x'% 145' COMPANY 'OM 3 A A�Y LP _. 622 laara Pored,StiUk IIXF TRACT([Gilaµ}! AS'LOT r IN lHE NUECES COUNTY APPRAISAL 015TRiCT f11tl r San Antani,d,771 74218 - RECDRAS)AND REFERRED TO HEREIN AS'LOT I' VJTHIN AND FURTHER BEING A TO' (2Ya�-p6Uq phi{3LD}525-4526 f,RTIDN , .T 3, 6L=z ALI�N£OA ESTATES,ACCLRDIHG t.0 Tw.mAF O3 Rncyffmtna U InaOCapTrkbt 2666 PLAT Tile-REOF RECORD©IN VOLUME 7,PAM 41, APAP RECORDS OF NUECES CORPUS CHRIS I I _ COUNTY.mus _ >7Ait:08/01/11 DRAVIN 8Y: MAV ]FILE: H.\50001\356\5OD01-356ex8.DWC FN NO. 50OCT356-4R PROJECT h1o.-50601-'S5 J� -305- Ii 1 Ordinance abandoning and vacating a 1,699-square foot portion (0.039 ac.) of a 5-foot wide utility easement out of Alameda Estates, Block 2, Lots 7A, 7C, 7D and 7E, located south of Robert Drive, and west of Delano Drive; requiring the owner, HEB Grocery Company, - LP, to comply with the specified conditions. Whereas, Bury + Partners Engineering Solutions, Inc., on behalf of HEB Grocery Company, LP (Owner) is requesting the abandonment and vacation of a 1,699-square foot portion (0.039 ac.) of a 5-foot wide utility easement, out of Alameda Estates, Block 2, Lots 7A, 7C, 7D and 7E, located south of Robert Drive, and west of Delano Drive, to accommodate the expansion and development of the existing grocery store and its associated parking facilities. Whereas, with proper notice to the public, a public hearing was held on Tuesday, January 17, 2012, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and Whereas, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 1,699-square foot portion (0.039 ac.) of a 5-foot wide utility easement out, of Alameda Estates, Block 2, Lots 7A, 7C, 7D and 7E, subject to the provisions below; (Exhibit A - Site Map, Exhibits B & C - Metes and Bounds Description &Accompanying Map). Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That a 1,699-square foot portion (0.039 ac.) of a 5-foot wide utility easement, out of Alameda Estates, Block 2, Lots 7A, 7C, 7D and 7E, located south of Robert Drive, and west of Delano Drive, as recorded in Volume 22, Page 52 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2 below; Section 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) Since the Owner will be dedicating a new utility easement of equal or greater value than the property released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Sec. 49-12, the requirement of paying fair market value for the property is waived. 2) The City Water Department is requiring that owner maintain a minimum 15- foot wide utility easement for a proposed water main. 3) Owner must comply with all the specified conditions of the ordinance within - 180 days of Council approval. —306— a Page 2 of 3 4 Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the land, an up-to-date survey, - abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Development Services, or his designee, as per City of Corpus Christi, Code of Ordinances Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. j i Signatures on following page. K:1Legal\SHARED%LEGAL-DEV.SVCS12011 AgendaWlameda Estal ck 2112-13-11 Ordinance(C)Alameda Center,Block 2, Lot 3,re, 1,899-sq ft portion,Abandon&Vacate,DWS FINAL-doe— U "i Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Eiizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal i That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, 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 , 2012. ATTEST: Armando Chapa Joe Adame City.Secretary Mayor APPROVED as to form only: l , 2011 By: 47 Walther Brow istant City Attorney City Attorney Corpus Christi, Texas K:1LegaRSHAREDILEGAL-DEV.SVCS12011 AgendalAlarneda Estatp:s�Block 2112-13-11 Ordinance(C)Alameda Center,Block 2, Lot 3,re, 1,699-sq ft portion,Abandon&Vacate,DWB FINAL.doc U I L �.0 � 4 ,-,�.,. Exhibit A lzo&cic laa 1 �� Site Map 1 r L 1C I `f off { Seaside Mer 43 01 #a SITEC 4' bBury+Pmrtners HEB-CORPUS CHRISTI #6:Fl For �N0IMEELIl76 �OCtlTlolV9 1 sa tiLaie _ sa f a�.l �ci LOCATION MAPF sail CORPIUS CHRISTI, TEXAS i91oQ f>n�bpr _!W8 AllG 2011 DRAWiV f3Y;JAR SCALE:NTS Na,R0101809SO�i7 -309- � P 'Bury-f-Partners ENGINEERING SOLUTIONS 0. 039 ACRES FN NO.50001-356-2R 1 (1, 699 Sq. Ft. ) AUGUST 01, 2011 50001-356ex6R.DWG JOB NO. 50001-356.93 FIELD NOTE DESCRIPTION PORTION OF S' U.B. TO BE ABANDONED FOR A 0.039 ACRE TRACT OF LAND LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS AND BEING A PORTION OF LOT 7A, BLOCK 2, ALAMEDA ESTATES, AS RECORDED IN VOLUME 23, PAGE 52 MIA RECORDS OF NUECES COUNTY, TEXAS, A PORTION OF LOTS 7C, 7D, AND 7E, BLOCK 2, ALAMEDA ESTATES, A SUBDIVISION OF RECORD IN VOLUME 22, PAGE 52, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS; SAID 0.039 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING, AT A FOUND "X" MARKING TETE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROBERT DRIVE WITH THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE AND FURTHER MARKING THE MOST NORTHERLY CORNER OF LOT 71B OF SAID ALAMEDA ESTATES; THENCE, S 28° 00' 24" W, ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROBERT DRIVE, A DISTANCE OF 140.00 FEET, TO A POINT FOR THE POINT OF BEGINNING, OF HEREIN DESCRIBED TRACT; THENCE, LEAVING THE; SOUTHEASTERLY RIGHT OF WAY LINE OF ROBERT DRIVE, INTO AND ACROSS SAID LOT 7A, 7C, 7D, AND 7E, THE FOLLOWING COURSES: S 614 58' 20" E, A DISTANCE OF 339. 85 FEET TO A POINT; S 280 01' 40" W, A DISTANCE OF 5.00 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 1, ALAMEDA CENTER UNIT 3; N 61° 58' 20" W, ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, ALAMEDA CENTER UNIT 3, A DISTANCE OF 339.85 FEET TO A SET ;I INCH IRON ROD WITH BPI CAI? ON THE SOUTHEATERLY RIGHT OF WAY LINE OF ROBERT DRIVE, FOR THP; NORTHERLY CORNER OF SAID LOT 1, ALAMEDA CENTER UNIT 3; - THENCE, N 284 00' 24" E, ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROBERT DRIVE, A DISTANCE OF 5.00 FEET TO THE POINT OF Page 1 of 2 Exhibit B - -310- Metes and Bounds Description E �I BEGINNING, CONTAINING AN AREA OF 0.039 ACRES OF LAND, MORE OR LESS. HAL B. LANE III / REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NUMBER 4690 G F BURY+PARTNERS, INC. 922 ISOM ROAD, SUITE 100 ... u.uuaa..■.. LANE ill SAN ANTONIO, TEXAS 78216 �L�' ■•• 210/525-9090 :••. 4690 .•x' j s Page 2 of 2 -311- i SHEET 3 OF 3 0 50 100 150 200 1"=100' �aelrlo _ A67 • 1/r IRON RDD FOUND (UNLESS NOTED) ANp O 1/2'IRON ROD SET qkb *118 11 QST �Dr 44 40" AD 5' U.E. 0* VOL. 2 , PG. 5s 40T :} �0�� [p PORTION OF 5' U.�:�� � �2Q! /r / .3 T TO BE ABANDONED $00!0' 4 0.039 ACRES (1,699 SO. FT.) . cape HQ a (.Dq tr 10' U.E. ABANDONED 0 '4[q 8o8aTY ORD. NO. ` 8a �• 0P,1 FpN r ~x9 10' U.E. / G )HST VOL as, Pc. 157 [0r S> Exhibit C / Map of Metes and / Bounds Description I r Bury+Partners SKETCH TO ACCOMPANY DESCRIPTION OF OF A 0.039 ACRE TRACT OF LAND SITUATED IN THE CITY OF HEB GROCERY I N o I N F E e€N o +O l I Y O N I CORPUS CHRISTI, NUECES.COUNTY, TEXAS, BEING A PORTION OF LOT COMP ANY Li'. m bm A"twu III 7A, BLOCK 2, ALAMEDA ESTATES, AS RECORDED IN VOLUME 23, sw"bl*11'rafts PACE 52 MAP RECORDS OF NUECES COUNTY, TEXAS, A PORTION OF M.(mXm- l Ids I21opwam LOTS 7C. M. AND 7E. 6LOCK 2, ALAMMA ESTATES, A WBDIVISIDN CORPUS CHRIST! eft ftm-SA, OF RECORD IN VOLUME 22, PACE 52 OF TME MAP RECORDS OF COUNTY,Numm DATE-03/01/TTDRAWN BY. MAVI ML M:\50001\356\50001-35fiex6R_DWG IFN NO. SODDI-355-2R PROJECT No.-50001 55 -312- i I Ordinance abandoning and vacating a 2,144-square foot portion (0.049 ac.) of a 10-foot wide gas easement out of Alameda Estates Block 2, Lots 7E and 7F, and an unplatted tract of land (known as "Lot I" in the Nueces County Appraisal District Records), located - south of Robert Drive, and west of Delano Drive; requiringthe owner, HEB Grocery Company, LP, to comply with the specified conditions. Whereas, Bury * Partners Engineering Solutions, Inc., on behalf of HEB Grocery Company, LP (Owner) is requesting the abandonment and vacation of a 2,144-square foot portion (0.049 ac.) of a 10-foot wide gas easement, out of Alameda Estates, Block 2, Lots 7E and 7F, and an unplatted tract of land (known as "Lot I" in the Nueces County Appraisal District Records), located south of Robert Drive, and west of Delano Drive, to accommodate the expansion and development of. the existing grocery store and its associated parking facilities. Whereas, with proper notice to the public, a public hearing was held on Tuesday, January 17, 2012, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and Whereas, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 2,144-square foot portion (0.049 ac.) of a 10- foot wide gas easement, out of Alameda Estates, Block 2, Lots 7E and 7F, and an unplatted tract of land (known as "Lot I" in the Nueces County Appraisal District Records); (Exhibit A- Site Map,. Exhibits B & C - Metes and Bounds Description & Accompanying Map). Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That a 2,144-square foot portion (0.049 ac.) of a 10 foot wide gas easement, out of Alameda Estates, Block 2, Lots 7E and 7F, and an unplatted tract of land (known as "Lot I" in the Nueces County Appraisal District Records), and west of Delano Drive, as recorded in Volume 22, Page 52; Volume 23, Page 56; and Volume 7, Page 41 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2 below: Section 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) Since the Owner will be dedicating a new utility easement of equal or greater value than the property released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Sec. 49-12, the requirement of paying fair market value for the property is waived. 2) The City Water Department is requiring that owner maintain a minimum 15- foot wide utility easement for a proposed water main. —313— 1 Page 2of3 3) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. I 4) Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the land, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Development Services, or his designee, as per City of Corpus Christi, Code of Ordinances Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 026816. i Signatures on following page. K:1Legal\SHAREDILEGAL-DEV.SVCS12011 Agendawameda Estates, tock 2112-13-11 Ordinance(D)Alameda Center,Block 2, Lot 3,re,2,144-sq ft portion,Ahandon&vacate,DWB FINAL.doc-31 �`- i 1 Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second j` reading on this the day of , 2012, 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 i That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, 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 , 2012. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: l , 2011 By: eborah Walther Brown Assistant City Attorney fo ity Attorney Corpus Christi, Texas K:1LegalISHAREDILEGAL-DEV.SVCS12Di 1 AgendaWlameda Estes, lock 2112-13-11 Ordinance(D)Alameda center,Block 2, Lot 3,re,2,144-sq ft portion,Abandon&Vacate,DWB FINALAW— I Xx 1 Exhibit A '�` Site Map IN ell 91) I Po SITE Sel rr� Windsor Ac" ' Park ` XF I)Bwy+Pmrtners HEB-CORPUS CHRISTI #C E1441WEE.RIN6 SOLUTION c r spa.s .,ao _ LOCATION MAP six+baso:a itY[f + Lter, CORPUS CHRISTI, TEXAS ra�'st i oa,IFMIIV r Jona AUG 2011 DRAWN M JAR SCALE;NTS NO.R0101809500I -316- P Bury-i Partners ENGINEERING SOLUTIONS 0. 049 ACRES FN NO.50001-356-5 R (2, 144 Sq. Ft. ) AUGUST 01, 2011 i 50003-356ex5.DWG JOB NO. 50001--356. 93 FIELD NOTE DESCRIPTION 10' GAS EASEMENT TO BE ABANDONED FOR A 0.049 ACRE TRACT OF LAND LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS AND BEING A PORTION OF LOT 7E, BLOCK 2, ALAMEDA ESTATES, AS RECORDED IN VOLUME 22, PAGE 52 MAP RECORDS OF NUECES COUNTY, TEXAS, AND A PORTION OF LOT 7F, BLOCK 2 ALAMEDA ESTATES, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 23, PAGE 56, MAP RECORDS OF NUECES COUNTY, TEXAS, AND AN UNPLATTED 65.82' X 145' TRACT (KNOWN AS "LOT I" IN THE NUECES COUNTY APPRAISAL DISTRICT RECORDS) AND REFERRED TO HEREIN AS "LOT IN I" WITHIN AND FURTHER BEING A PORTION OF LOT 3, BLOCK 2, ALAMEDA ESTATES, ACCORDING TO THE MAP OR PLAT THEREOF Its VOLUME 7, PAGE 41, MAP RECORDS OF NUECES COUNTY, TEXAS, SAID 0..049 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING, AT A FOUND "X MARKING THE INTERSECTION OF THE SOUTHEASTERLY . RIGHT OF WAY LINE OF ROBERT LANE WITH THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE AND FURTHER MARKING THE MOST NORTHERLY CORNER OF LOT 78 OF SAID ALAMEDA ESTATES; THENCE, S 61° 58 ' 20" E, ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE, A DISTANCE OF 167.62 FEET, TO A FOUND 5/8 INCH IRON ROD MARKING THE MOST NORTHERLY CORNER OF LOT 7C OF SAID ALAMEDA ESTATES; THENCE, S 28° 01 ' 40" W, ALONG THE COMMON BOUNDARY LINE BETWEEN LOT 7C, LOT 7A AND LOT 7B, ALL OF ALAMEDA ESTATES, A DISTANCE OF 145.00 FEET TO A POINT IN THE NORTHEASTERLY LIME OF LOT 1, ALAMEDA CENTER, UNIT 3, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 49, PAGE 157, MAP RECORDS OF NUECES COUNTY, TEXAS, MARKING THE MOST WESTERLY CORNER OF SAID LOT 7C; THENCE, S 610 58' 20" E, ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, A DISTANCE OF 177.47 FEET TO THE POINT OF BEGINNING, OF THE HEREIN DESCRIBED TRACT; _ Page 1 of 3 Exhibit B Metes and Bounds Description -317- i THENCE, LEAVING THE NORTHEASTERLY LINE OF SAID LOT 1, INTO AND ACROSS SAID LOT 7E, 7F, AND LOT I, THE FOLLOWING COURSES: N 280 01' 40" E, A DISTANCE OF 38.05 FEET TO A POINT; S 610 58' 20" E, A DISTANCE OF 15.8.35 FEET TO A POINT IN THE EASTERLY LINE OF SAID LOT I; 1 S 28" 01' 40" W, ALONG THE EASTERLY LINE OF SAID LOT I, A DISTANCE OF 38.05 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 1; THENCE, N 610 58' 20" W, ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, A DISTANCE OF 10.00 FEET TO A POINT; THENCE, LEAVING THE NORTHEASTERLY LINE OF SAID LOT 1, INTO Ax ACROSS SAID LOT I, AND LOT 7F, THE FOLLOWING COURSES: N 280 01' 40" E, A DISTANCE OF 28.05 FEET TO A POINT; N 61° 58' 20" W, A DISTANCE OF 138.35 FEET TO A POINT S 28° 01' 40" W, A DISTANCE OF 28. 05 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 1; THENCE, N . 61° 58' 20" W, ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, A DISTANCE OF 10. 00 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 0.049 ACRES OF LAND, MORE OR LESS. HAL B. LANE III REGISTERED PROFESSIONAL LAND SURVEYOR HAL ire TEXAS REGISTRATION NUMBER 46904690 BURY+PARTNERS, INC. �i�'••....••'• 922 ISOM ROAD, SUITE 100 S SAN ANTONIO, TEXAS 78216 210/525-9090 Page 2 of 3 -318- SHEET a of a 1 l 0 50 �Oo 15a �a0 1"=100 LFQE?D 0 1/2' IRON RCD FOUND (UNLESS NOTO) 0 1/2`iRUN RW SET soF� . QQ` Lp f s LINE TABLE BEARING �-` �&r LIN LIE SZi•01.4R'V LENGTH m `y 38m L2 NW0l'4M egos L3 928.07'40'V 28113 a$ Lar L4 N28'OI.401E 38A3 . ` r04 .9b a �Or 0 e2 �� LST 5' u.E. '°113 rF .` VOL. 7fPG. 41 z 40 0 e s �Vv sBr.k z s `° S8� � Lpr p' 3 7 � Sp�B• py S83 °�' p�.o 10' GAS EASEMENT ' TO BE ABANDONED 444 0.049 ACRES 1'�d4 1� (2.144 SO. FT.) / MGRS 10' U.E. / 70 $�0� 4. �!? VOL. 49. PG. 157 .�� 00, iy laaar A R Exhibit C / 9�r Map of Metes and / tet ► Bounds Description t B +Pax'tIIers SKETCH TO ACCOMPANY DESCRIPTION OF "'[a ACRE M 8 O A F��"CH LAND CF LOT X GUXX ATED IN VC X J1YE�A IST 1$AS 11190 Sli�DD IN HEB GROCERY a X J i k!!l I N e SOLUTIONS P.M 2 P�mA WTA AT I a l THIEECES�aR iiMw Y.7EK4 w RE=q ' COMPANY LP. Ise l..m]Ind.sdkyogi 100 VMUME 24 PAGE U. MAP REM S OF MMM 0"TT.TE]IAS AHG AH UNPLATILO In Inldell,T!71i;1a g1w X mr TRACT(oom AS'LOT T'ai TRE NNEO[S Dian AP wm&0161RICT tlrl (e1a)us-tura rr�(slapts�n MT"1121 AIC Imp O TO HMW AS`LOT r fITM MO RR11M]I SENO A PORTION OF CORPUS CHRIS71 #6 "Putun-SJ.4e.ec"71 t no LOT 3,aLOOK 2.ALAMEUA E5TA7E; ACWAWC TO THE NAP OR PLAT Tlrt71EOF REGOla1m DATE-08/01/11 1 DRAM 8Y: MAV I FILE H:\50001\356\50001-355ex5R.0 FN N0. SM-356-5R J PROJECT Na-50007-3,96 -519- i f i' 16 i B AGENDA MEMORANDUM ts5 for the City Council Meeting of January 17, 2012 DATE: 12/22/2011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Interim Director of Development Services/Building Official�{ StephenD@cctexas.com (361) 826-3246 Ordinance to consider abandoning and vacating a portion of a utility easement, out of Block 2-A, Lot J, Byron Willis Subdivision. CAPTION: Ordinance abandoning and vacating a 3,397.68 square-foot portion (0.078 ac.) of an existing utility easement out of Block 2-A, Lot J, Byron Willis Subdivision; requiring Owner, Vishal Hotel, LP to comply with the specified conditions. BACKGROUND AND FINDINGS: Bass &Welsh Engineering., on behalf of Vishal Hotel, LP., ("Owner"), are requesting the abandonment and vacation of a 3,397.68-square foot portion of the utility easement, to allow for the future co,lstruction and development over said easement. Staff recommends payment of the fair market value of$11,900.00 for the abandonment and vacation of the 3,397.68-square foot portion of existing utility easement. Owner has paid the fair market value fees, and will be responsible for paying all filing and recording fees pertaining to the Ordinance. The owner proposes to.construct a hotel on the property. The easement proposed for closure impedes with the proposed location of the hotel ALTERNATIVES: Denial of the easement closure will adversely impact the owner's ability to construct the proposed hotel. OTHER CONSIDERATIONS: "Not applicable" CONFORMITY TO CITY POLICY: These requirements are in compliance with the City of Corpus Christi, Code of Ordinance Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. EMERGENCY INON-EMERGENCY: Non-Emergency K:1Legai\SHAREDILEGAL-DEV.SVC0012 AgendalSyron Willis Subdivision112,9Sn2A11�Byron Willis,Agenda Memo,by EAM-Reviwd.doex City Council Executive Summary Memorandum Abandon and vacate: Block 2-A,Lot J, Byron Alis Subdivision Page 2 DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the city departments or franchised utility companies had any facilities or objections regarding the proposed utility easement abandonment.. FINANCIAL IMPACT: Revenue I Project to Date Exp. Current Future FISCAL YEAR: 2011-2012 (CIP Only) Year Years TOTALS Budget 0 0 Encumbered/Expended 0 0 amount This item 0 11,900 0 11,900 BALANCE 0 1 1,90 0 0 11,900 FUND(S): Development Services Comments: N/A i - RECOMMENDATION: Upon approval by City Council and issuance of the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas in which the property is located. Prior to the permitting of any construction on the land, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Development Services, or his designee, as per City of Corpus Christi, Code of Ordinances Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. LIST OF SUPPORTING DOCUMENTS: Location Map - Ordinance Approvals: Deborah Brown, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget .Rudy D. Garza, Assistant City Manager K:1Lega11SHAREDILEGAL-DEV.SVCS12012 Agenda\Byron Willis Subdivision112,Qy411,Byron Willis,Agenda Memo,by EAM-Revised.docx i Ordinance abandoning and vacating a 3,397.68 square-foot portion (0.078 ac.) of an existing utility easement out of Block 2-A, Lot .I, Byron Willis Subdivision; requiring Owner, Vishal Hotel, LP to I' comply with the specified conditions. I Whereas, Bass & Welsh Engineering, on behalf of Owner, Vishal Hotel, LP, is requesting the abandonment and vacation of a 3,397.68 square-foot portion (0.078 ac.) of an existing utility easement out of Block 2-A, Lot J, Byron Willis Subdivision, located If west of the Flynn Parkway public street right-of-way, and south of the South Padre Island Drive public state right-of-way; to accommodate future construction and development. Whereas, with proper notice to the public, a public hearing was held on Tuesday, i January 17, 2012; during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and Whereas, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 3,397.68 square-foot portion (0.078 ac.) of an existing utility easement out of Block 2-A, Lot J, Byron Willis Subdivision, subject to the provisions below; (Exhibit A: Site Map; Exhibits B & C: Metes and Bounds Description and Accompanying Map, respectively). Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1 That a 3,397.68 square-foot portion (0.078 ac.) of an existing utility easement out of Block 2-A, Lot J, Byron Willis Subdivision, located west of the Flynn Parkway public street right-of-way, and south of the South Padre Island Drive public state right-of-way, 'as recorded in Volume 44, Pages 183-184 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner, Vishal Hotel, LP's compliance with the conditions specified in Section 2 below: Section 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) Before going to City Council for approval of the ordinance abandoning and vacating the 3,397.68 square-foot portion of an existing utility .easement, Owners will pay the fair market value of$11,900. 2) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 3) Upon approval by City Council and issuance of the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas in which the property is located. Prior to the permitting of any construction on the land, an up-to-date survey, —325— Page 2 of 3 abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Development Services, or his designee, as per City of Corpus Christi, Code of Ordinances Sec. 49-93, as amended and approved on July 13, 2004, by Ordinance No. 025896. i I Signatures on following page. K:li_egaiXSHAREDIL.EGAf_-DEV.SVCS12012 AgendMByron Willis U&TsionX12-0$-11 Byron Willis,Ordinance Draft,byEM.doc Page 3 of 3 a That the foregoing ordinance was read for the first time and passed to its second ! reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez I Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, 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 , 2012. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form only: 2011 IEf By: Walther BroIeborah ssistant City Attorne ity Attorney Corpus Christi, Texas K:1!_egaRSHAREDILEGAL-DEkV.SVCS12012 AgendMByron Willis Sapp TL0n112-06-11 Byron Willis,Ordinance Draft,by EM.doc I !1 MVRRAYBASS,JR.,PA,R.P.LS. 3034 S.ALAM6DA, ZIP 78404 Nraorr M. W$Lsa,PXRP.I.S. P8.361882-55x1—FAX 361 882-1265 J www.bass-welsh.com a-mail:MIMUi nasal, r e-mail:nixmwnaaLaom BASS & WELSH ENGINEERING P.O. $ox 6397 Corpus Christi, TX 78466-6397 July 27,2011 11046-M&B-UEC-doc Utility Easement Closure Tract STATE OF TEXAS I i COUNTY OF NUSCM I i --De5C41ptiwcfwOfi78-w=1ract-ofland,more or less,a portion of let d,ffiodc2-A,Byron V11119 Subdivision,a } map ofwbich is recorded in Volume44,Pages 183 and 184,MapR=rds,Nueces C=Ay,Texas,said 0.078 ac m tract far a ity easement cdos=tract and as further described by antes and bounds as follows: I Starting at tare northernmost corner of said Y.oti.TI ONCE S29WOO11W 285A0'along the northwest boundary lineofsaidLtit7and 561°41'20"1"15.00'totineFOWTOFSEGII4MGandwesUrlycomerofthetracther described; 7MNCE S61°41120"E 117.68'to a point for southerly interior central corner of the tract herein described; THENCE N29°W'OM 135M to a for northeaster interior corner of the tract herein described• 1 northeasterly , TMNCE Ndr41'7A"W 107.68't o a point for a northerly corner of the tract bmvb described; TMNCE N29WOO"B IOAO'to a point for the northernmost oaraer of the tract herein described; THME 861°41W%117.68'to a point for northeasterly corner of the tract herein descambed; TIENCE S29°UO WV WAY to a point for southerly Interior earner of the tract herein described; TECEN.`E 861°4170"E SOAR'to a point for a southeast corner of the tract herein described; THENCE 829°00'00"W SW to a point for the southernmost corner of the tract herein dwedbed; T1iEIvTt B N61°41'20*W 177.68'to a point for the westernmost corner of the tract herein described.; TBENCEN29°OOW E5.W along aliae 15.00'scutheastof andparalldtoWdnorthwestboundaryline ofW to the POINT OF$EGIP111T N%a dwtch showing said 0.078 acre tract being attached hereto as Edo .4kre. a re4s� . rirr A. noon M.Webb,P.E.,R.P.L.S, Exhibit B: Metes and Bounds Description -328- r _.. i 1, � �f vo { / �A UTILITY EASEMENT { / � , ,�^• oo �� CLOSURE TRACT, aQ / / i S��. �a 0.078 AC. S61941' 20# E 50. 00 �' ► S29° 00' 00" W 5. 00' 4.'p�T 1yS�W 0�hlll 41 Exhibit C: Metes and Bounds Description Accompanying Map Sass AND w ,EIVO,NERING CORPUS CHRISTI,Tx QIP. NO. EXB-CLO-UE 1" BO' JOB NO. 11045 SCALE: 1" - W PLOT SCALE Sw PLOT DATE: Y2?/Il SHEET 1 OF -329- r I{ 1 17 1 � � yzaaAGENDA MEMORANDUM for the City Council Meeting of January 17, 2012 i i DATE: .1211912011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Interim Director, Department of Development Services . StephenD@cctexas.com (361) 826.32.46 Request for exemption from the wastewater acreage fees for The Coves at Lago Vista, Unit 3, Block 2, Lots 21 &22. CAPTION: Ordinance exempting The Coves at Lago Vista Unit 3, Block 2, Lots 21 and 22, a subdivision, from the payment of wastewater lot and acreage fees pursuant to Section 8.5.2.G.1 of the Unified Development Code; and requiring.the Developer/Owner to comply with the specified conditions. BACKGROUND AND FINDINGS: On behalf of the developer, Victor Medina, Medina Consultants, is requesting the City to waive the Sanitary Sewer.(Wastewater) Lot and Acreage Fees for The Coves at Lago Vista Unit 3, Block 2, Lots 21 &22 by providing an exemption for this area. The subject property is located south Oso Creek an area known as the Laureles Corridor. This area does not currently have any wastewater services available. A Master Pian was proposed for this area but was not adopted. In order to provide wastewater services to the subject property, it will require the construction of several wastewater lift stations and force mains in order to connect to the Greenwood Wastewater Treatment Facility. It is Staff opinion that wastewater facilities will not be available within the next 15 years. Section 8.5.2.G.1. of the Unified Development.Code (UDC) outlines the exemption of payment of wastewater lot or acreage fees if the land for which the fees are required lies within an area exempted by City Council for the payment of such fees. Exempted areas are determined by City Council, and generally are those areas not likely to be served by City wastewater services within the next fifteen (15) years. This section also provides that owners of property for which an acreage fee has been paid may receive a refund if, after 10 years, but not more than 20 years from the date of the filing of the plat, the:owners of 50 percent of the property petition City Council for a hearing to determine whether the fees should be refunded. A refund may be made if City Council finds that, among other things, the property is not likely to receive services within another 5 years. —333— i iExecutive Summary Agenda Exemption of Wastewater Lot(Acreage Fees The Coves at Lago Vista Unit 3, Block 2, Lots 21 &22 i Page 2 i f ALTERNATIVES: 1 Require the developer to pay the applicable wastewater lot and acreage fees in the amount.of$7,818.62 prior to the recording of the plat. If wastewater services are not available within 15 years from the date of the filing of the plat, the property owners may request a refund which will include a 5 '/ percent interest per annum from the date of filing of the final plat. As requested herein, exempt the developer from payment of the wastewater lot and acreage fees subject to a Sanitary Sewer Connection Agreement. Conditions in the agreement are that when public wastewater services become available the property owners would connect to the wastewater line and pay the applicable pro-rata fee, tap fee and surcharge fee. If public water services become available within the next 15 years, the property owners would also be required to pay the applicable wastewater lot and acreage fee. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY.POLICY: NIA EMERGENCY INON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: The Wastewater Department has no immediate plans to expand wastewater services south across Oso Creek. FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2011-2012 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item BALANCE Fund(s): Comments: NIA RECOMMENDATION On June 22, 2.011, Planning Commission and Staff recommend that the City Council approve the exemption of the wastewater lot and acreage fees subject to a Sanitary Sewer Connection Agreement that will require payment of the pro-rata fee in effect when public wastewater service becomes available. The agreement will also require payment of the wastewater lot and acreage fees in effect if public wastewater becomes available within 15 years of the plat being filed for record. -334- i Executive Summary Agenda j Exemption of Wastewater LottAcreage Fees The Coves at Lago Vista Unit 3, Block 2, Lots 21 &22 Page 3 it LIST OF SUPPORTING DOCUMENTS: Ordinance Sanitary Sewer Connection Agreement Approvals: Deborah Brown, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager i I i K:SLEGALISHARED4LEGAL-DEV.SVC512012 AGENDAICOVES(aJ LAGO VISTA112-19 2011,0018NInhGO VISTA,AGENDA MEMO,FINAL REVISER,SY EAM.DOC j I Ordinance exempting The Coves at Lago Vista Unit 3, Block 2, Lots 21 and 22, from the payment of wastewater lot and acreage fees ? pursuant to Section 8.5.2.G.1 of the Unified Development Code; and requiring the Developer/Owner to comply with the specified conditions. WHEREAS, The Coves at Lago Vista Unit 3, Block 2, Lots 21 and 22, ("Subdivision") located south of FM 2444 and Oso Creek and southeast of King Estates Subdivision, in an area known as the Laureless Corridor, is not currently served by the City wastewater system; WHEREAS, Victor Medina of Medina Consultants, ("Owner/Developer"), on behalf of Subdivision, has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, the Planning Commission has forwarded to the City Council its report regarding the application of Owner/Developer, and in accordance with Section 8.5.2.6,1 of the Unified Development Code ("UDC"), recommends that the City Council find that it is not likely that the Subdivision area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Coves at Lago Vista Unit 3, Block 2, Lots 21 and 22, ("Subdivision") located south of FM 2444 and Oso Creek and southeast of King Estates Subdivision, is not likely to be served by City wastewater service within the next fifteen (15) years and is therefore exempt from the payment of wastewater lot or acreage fees at this time, pursuant to Section 8.5.2.G.1. of the UDC. SECTION 2. The exemption from the payment of wastewater lot or acreage fees is conditioned upon Owner/Developer's compliance with the following: a. Entering into a Sanitary Sewer Connection Agreement with the City of Corpus Christi, (copy of Agreement attached as Exhibit "A"), and fulfilling all conditions of said Agreement , which include but are not limited to: i. Connecting to City sewer within 12 months of the installation of a wastewater manhole at the frontage of the property or the installation of a collection line along the frontage of the property. ii. Paying wastewater lot or acreage fees, whichever is greater, at the rate in effect at the time of connection to City wastewater. K:UgalkSHAREDILEGAL-DEV.SVCSk20l2 AgendalCoves©CaaHWM2-19-1]ORD Exempting The Coves at Lago Vista Unit 3.DWBFina1.docx i 1 1 That the foregoing ordinance was read for the first time and passed to its second I reading on this the day of , 2012, by the following vote: Joe Adame David Loeb 1 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 , 2012, 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 , 2012. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: December 19, 2011. Carlos Valdez, City Attorney City of Corpus Christi, Texas By: eborah Walther Brow Assistant City Attorney —337— i iii. Paying applicable pro-rata and tap fees at the rate in effect at the time of connection to City wastewater. iv. Subdividing the lots no further than what is shown on the plat attached to the Agreement as Exhibit 1; further subdivision of the lot voids this agreement. v. Recording the Sanitary Sewer Connection Agreement in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. vi. Incorporating the substantive terms of the Sanitary Sewer Connection Agreement into Deed Restrictions upon conveyance of a lot to a third party purchaser, specifically noting that the covenants contained in the Agreement are covenants running with the land. vii. Providing Indemnification to the City of Corpus Christi as noted - within the Agreement. Signatures at next page. —338— it I i a� I 18 1 s� { a I POSE zss2 AGENDA MEMORANDUM for the City Council Meeting of January 17, 2012 I DATE: 1/17/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361)826-3169 4 Mikeb@cctexas.com Lease of three wheel loaders in accordance with Bid Invitation No. BI-0049-12 CAPTION: Motion approving a supply agreement with Doggett Machinery, Corpus Christi, Texas, for the lease of three wheel loaders in accordance with Bid Invitation No. BI-0049-12, based on only bid, for an estimated twenty- seven month expenditure of $331,209, of which $73,602 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 wheel loaders 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 wheel loaders 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 units 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: The bid submitted by Doggett Machinery was the only bid received in response to Bid Invitation No. BI-0049- 12. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. —341— r EMERGENCY/ NON-EMERGENCY: Notapplicable. 3 DEPARTMENTAL- CLEARANCES: Parks and Recreation FINANCIAL IMPACT: Project to Date Expenditures j Fiscal Year: 2011-2012 CIP onl Current Year Future Years TOTALS Line Item Budget $167,778.15 $257,607.00 $425,385.15 Encumbered I Expended Amount 94,176.15 0.00 94,176.15 This item 73,602.00 257,607.00 331,209.00 BALANCE $0 $0.00 $0 Fund(s): General Fund RECOMMENDATION: Staff recommends approval of the motion as presented. - LIST OF SUPPORTING DOCUMENTS: BI-0049-12 Bid Tabulation Approvals: Veronica Ocanas, Assistant City Attorney II Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager —342— CITY OF CORPUS CHRISTI BID TABULATION j PURCHASING DIVISION LEASE OF WHEEL LOADERS j BUYER: MICHAEL BARRERA BID INVITATION NO. BI-0049-12 DATE: JANUARY 17, 2012 Doggett Machinery Corpus Christi, Texas UNIT EXTENDED ITEM DESCRIPTION QTY UNIT PRICE PRICE Lease of three used wheel loaders in accordance with Specification No. 1080. 28,000 Ib operating weight, 165 net horsepower. 1.1 Monthly Rate Unit#1 27 Month 4,089.00. $110,403.00 I 1.2 Monthly Rate Unit#2 27 Month 4,089.00 110,403.00 1.3 Monthly Rate Unit#3' 27 Month 4,089.00 110,403.00 Grand Total: 331 209.00 -343- i 1 j 19 1 cPs� AGENDA MEMORANDUM o� for the City Council Meeting of January 17, 2012 v � iag� DATE: 1/17/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com 361-826-3169 i Purchase of specialized equipment (Bid Invitation No. B1-0061-12) CAPTION: Motion authorizing the purchase of specialized equipment for a total amount of$64,415.17 utilizing funds from the 2009 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the fire Grant Fund 1062. BACKGROUND AND FINDINGS: On November 10, 2009, City Council approved the acceptance of a Homeland Security Grant from the Texas Department of Public Safety, Division of Emergency Management, Office of the Governor, to carry out designated.homeland security activities as part of the 2009 Homeland Security Grant Program. The funds are provided for projects to enable communities to better prepare for and respond to terrorist incidents. A need analysis has been conducted and specialized equipment has been identified. A bid has been secured for the specialized equipment totaling $64,415.17. The purchase of this specialized equipment requires Council approval due to the associated dollar amount. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY NON-EMERGENCY: Not applicable. -347- DEPARTMENTAL CLEARANCES: Fire Department FINANCIAL IMPACT: Project to Date Expenditures Fiscal Year: 2011-2012 (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $221,683.80 $0.00 $221,683.80 Encumbered/ Expended Amount $0.00 100,489.58 $0.00 100,489.58 This item $0.00 64,415.17 $0.00 64,415.17 BALANCE $0.00 $56,779.05 $0.00 $56,779.05 Funds): Fire Grant Fund 1062 Comments: The cost of the equipment is $64,415.17. The HSGP 09-12 SHSP- LEAP organization has $221,683.80 allocated in for the Homeland Security Grant Program. The grant deadline for projects to be completed and submitted to the State for reimbursement is April 15, 2012. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Not applicable. Approvals: Veronica Ocanas, Assistant City Attorney II Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager —348 I i 20 w 1 94aN�O a' C9 ! I832 AGENDA MEMORANDUM for the City Council Meeting of January 17, 2011 1 DATE: 12/20/2011 TO: Ronald L. Olson, City Manager FROM: Richard Badaracco �Ja Interim Chief of Police ,l Richardba(Wcctexas.cam 886-2603 Accenbna the Port Security Grant Program Sub-Grant and appropriating funds CAPTION: A. Motion authorizing the City Manager or his designee to accept a sub-grant in the amount of $95,299 from the Department of Homeland Security FEMA for funding eligible under the 2010 Pork Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department, B. Ordinance appropriating $95,299 in the No. 1061 Police Grants fund from the Department of Homeland Security FEMA for funding eligible under the 2010 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department, and declaring an emergency. BACKGROUND AND FINDINGS: The PSGP grant provides funding to local law enforcement in a coordinated effort to strengthen homeland security preparedness, including the security of the country's critical infrastructure. Due to the sensitive nature of this agenda item, City Council members were provided more detailed information in a separate memo under Attorney-Client Privileged Communications. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval to accept the sub-grant and appropriate the grant funds. EMERGENCY/NON-EMERGENCY: Emergency to meet grant deadlines. DEPARTMENTAL CLEARANCES: Finance—Grants management FINANCIAL IMPACT: Operating Expense —351— i Project to Date Expenditures Fiscal Year: 2011-2012 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $95,299 $95,299 { BALANCE $95,299 $95,299 Fund(s): Police Grants Fund Comments:Click]sere to enter•text. 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 D. Troy Riggs, Assistant City Manager -352- i a W. J. Wagner, Inc. 15054 Tesoro Dr. Corpus Christi, TX 78418 Telephone(361)442-6568 Corpus Christi Police Department Pat Eldridge, Police Administration Manager PO Box 9016 Corpus Christi, TX 78469-9016 November 29, 2011 . Dear Ms Eldridge, I have enclosed a Port Security Grant Program Sub-Grantee Award agreement between W.J.Wagner, Inc and the City of Corpus Christi for your review and approval. As the Fiduciary Agent for the 2010 Port Security Grant Program(PSGP) for the Corpus Christi port area I have certified to FEMA that as the grantee I will ensure that all sub-grantees will abide by the PSGP rules and regulations. The enclosed agreement describes the applicable rules and regulations as well as the procedures for seeking reimbursement for your approved expenses. If you find the terms of the agreement acceptable,please have the City Manager sign the agreement and certifications accepting the terms of the Sub-Grantee award, and return the original to me at the above address. If you do not wish to accept the agreement terms please let me know so that the funds can be reallocated to other projects. This is not authorization to begin to expend any PSGP funds. Once I have received the signed agreement I will issue a Release of Funds letter authorizing you to begin expending funds. Sincerely, William . W ner III Fiduciary Agent -353- f 13 J A Ordinance appropriating $95,299 in the No. 1061 Police Grants Fund from the Department of Homeland Security FEMA for funding eligible under the 2010 Port Security Grant Program (PSGP) to purchase law enforcement equipment for the Police Department; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: i' SECTION 1. That$95,299 is appropriated in the No. 9061 Police Grants Fund from the Department of Homeland Security FEMA for funding eligible under the 2010 Pork Security Grant Program (PSGP) to purchase law enforcement equipment for the police department. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of January 2012., ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: December 21, 2011 T. ris a Dang Assistant City Attorney For City Attorney —354— Corpus Christi, Texas day of , 2012 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, i ,doe 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 —355— ,I 1 21 i i i i 1 �t� o xssa AGENDA MEMORANDUM for the City Council Meeting of January 10, 2012 DATE: 1/10/2012 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Engineering Services f Netean@cctexas.com Il' (361) 826-3781 I Approval of Amendment No. 6: Staples Street Improvements (Bond Issue 2008) Phase 7 from Brawner to Barracuda (Project No. 6468) Phase 2 from Barracuda to Gollihar(Project No. 6469) AGENDA CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 6 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $758,964, for a total restated fee of $2,877,767, for the Brawner Parkway Channel Improvements associated with the Staples Street Improvements as follows: (Bond Issue 2008) • Phase 1 from Brawner Parkway to Barracuda Place • Phase 2 from Barracuda Place to Gollihar BACKGROUND AND FINDINGS: The Bond 2008 Staples Street Phases I & 2 Reconstruction Projects, each have one major outfall system. The Phase 1 Project outfalls into the Brawner System; and the Phase 2 Project outfalls into the Carmel System. Each one of the outfall systems is significantly undersized and therefore, in need of major drainage improvements as soon as funds become available to the City. Of these two undersized systems, the Brawner System was selected to be improved first. There is one important factor that leads to this decision. A study performed by LNV, Inc. back in 2006, proved, how transferring some of the drainage from the Carmel System to the Brawner System could significantly save the City time and money. Those findings were then incorporated into the City's Master Storm Water Plan. The 2009 Draft Master Storm Water Plan currently includes a series of three transfers from the Carmel System to the Brawner System located at Green Grove Drive, Kostoryz Road, and Carroll Lane. Completion of these transfers will negate the need to upsize the upper reach of the Carmel System, allowing the existing facility to adequately convey the increased storm water runoff. The Kostoryz Road transfer was included in the Bond 2008 Kostoryz Road Reconstruction Project, and just completed recently. That major transfer alone will significantly relieve some of the pressure off of the Carmel System, but at the same time, increases the need for the Brawner System to be improved as soon as possible. The improvements to the Brawner System will allow us to see the full benefits to both systems immediately. The Brawner Parkway Channel is the major drainage system in south central region of the City. The proposed project will significantly upgrade the capacity of the existing drainage system from its current capacity equivalent to a 2-3 year frequency storm to a 25 year storm capacity. This project is associated with Bond Issue 2008 street projects, specifically Staples Street?l gse1 from Brawner Parkway to Barracuda and Phase K-TUGINEERING DATAEXCHANGEWELMAPISTREM6468 STAPLES LN"MENDMENT NO.fiIA5GENDA.ITEM 1.DOC.DOCX i 2 from Barracuda to Gollihar. The total length of this project is approximately 5,600 feet, with limits from Staples Street to the outfall into Corpus Christi Bay. The improvements include the excavation of a 5,390-foot long channel from Staples Street to Ocean Drive, along with the installation of three roadway structures at the Staples, Alameda, and Santa Fe street crossings. Each roadway structure will be treated as stand-alone project and will require the reconstruction and improvements to the roadway, utilities, and ADA features for a 150-foot length on either side of the crossing. The remaining 210-foot length of the project, from Ocean Drive to the outfall, will include the installation of an additional box culvert and new outfall structure adjacent to the existing structure. Amendment No. 6 consists of Basic Services including design phase services, bid phase services, and construction phase services. Additional Services include permit preparation, right-of-way acquisition, topographic survey, construction observation, warranty phase services,. public involvement, sanitary sewer investigation, subsurface utility exploration, franchise utility coordination, landscape design, and hike and bike design. CONFORMITY TO CITY POLICY: Consultant design conforms to statutes for professional services selection and is budgeted for in the FY 2011-2012 Capital Budget. EMERGENCY I NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: CIP Fiscal Year: 2011- Project to Date 2012 Expenditures Current Year Future Years TOTALS CIP only) Line Item Budget $3,736,000 $1,591,100 $5,327,100 Encumbered 1 Expended Amount 3,736,000 3,736,000 This item 758,964 758,964 BALANCE $0 $832,136 $832,136 Fund(s): Storm Water CIP Comments: The project design will require approximately fifteen (15) months, with anticipated construction contract bidding in January 2013. Funding for.this contract will be required during Fiscal Years 2011-2014 through the completion of construction, approximately July 2014. RECOMMENDATION: City staff recommends that Amendment No. 6 be executed with LNV Engineering of Corpus Christi, Texas in the amount of $758,964 for Staples Street Phase 1 from Brawner to Barracuda and Phase 2 from Barracuda to Gollihar. LIST OF SUPP RTING DOCUMENTS: Project Budget Location Map —360— KAENGMEERING DATAEXCHANGE%VELMAPISTREE R646B STAPLES LNVIAMENDMENT NO.61AGENDA rfEM 1.000.D0CX i I Approvals: Veronica Ocanas, 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 i I -361- K:IENGINEERING DATAEXGHANGEIVELMAP1STREEn6468 STAPLES LWAMENOMENT NO.61AGENDA ITEM I-DOG.DOCX I 1 File : 1Mpro'ect\councilexh\6468-6469.dwg 1 N . � o l Amendment No. 6 Browner Parkway Channel Improvements 9� I i PHASE 1 16466 Staples Street from Browner to Barracuda as `� � O pe 0� OPHASE 2 16469 Stoples Street from Barracuda to Gollihor O LOCA TION MAP PROJECT#6468& 6469 NOT TO SCALE Staples Street CITY COUNCIL EXHIBIT Phase I from Brawner to Barracuda CITY OF CORPUS CHRISTI, TEXAS Phase 2 from Barracuda to Gollihar DEPARTMENT of ENGINEERING SERVICES (BOND 2008) PAGE: of 1 , i 1 ' I I 22 1 s wooer �� 0 i AR t AGENDA MEMORANDUM i � for tha City Council Meeting of January 17, 2012 DATE: 12/27/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services petean@cctexas.com, (361) 826-3781 Approval of Change Order No. 3 with Ti-Zack Concrete,. Inc. for the ADA Improvements Group 7 (Bond 2008) i CAPTION: Motion to authorize City Manager to execute Change Order No. 3 with Ti-Zack Concrete, Inc. of Le Center, MN, in the amount of$277,159.23 for the ADA Improvements Group 1 (Bond 2008) project for additional construction for ADA compliance and project overruns on quantities. BACKGROUND AND FINDINGS: ADA Improvements Group 1 was awarded to Ti-Zack Concrete Inc. on January 11, 2011. The project consisted of Americans with Disabilities Act (ADA) Improvements to selected City street intersections. The intent was to provide for the construction of ADA compliant curb ramps and attached sidewalk facilities at intersections where street construction projects were not currently planned. Attached sidewalk facilities will be improved only as needed to achieve ADA compliant transition from new ramp construction to existing sidewalk conditions and will be determined on an individual ramp location basis. This project included ADA improvements on portions of thirteen (13) City streets. The project also included the design of 192 curb ramp improvements which were agreed to in the Release and Settlement Agreement for Civil Action No. 2:08-cv-247. This project consisted of improvements on the following streets: • 19th Street at Craig Street • Agnes Street at 45th Street • Airline Road at South Padre Island Drive • Alameda Street-Greenway Drive to St. John Church • Baldwin Boulevard — Riggan Street to South Staples Street • Gollihar Road —Caddo Street to Lum Avenue 0 Greely Drive at Fairfield Drive • McArdle Road—Shopping Way to Whitaker Drive - • Morgan Avenue- Baldwin Boulevard to Ocean Drive • N. Chaparral— Brewster Street to Hughes Street • fort Avenue—Agnes Street to Ayers Street • Texas Trail— Buccaneer Drive to Santa Fe Street Williams Drive—Everhart Road to Airline Road —365— i This change order is necessary due to the amount of bid item overruns on this project. The overruns were the result%of design changes in the field, inaccurate calculations of quantities on the plans, and unexpected utilities j and other obstacles which are a normal part of construction. The design plans did not allow for the amount of header curb and sidewalk transitions that were encountered during construction. Change Orders 1 and 2 amount,,;to 4.91% of the total contract changes. These changes were attributed to necessary curb ramp construction added to the project after the design was already under construction. These additional ramps are included the Paul Jones Area, Schatzel and Mesquite, Masterson and Whitebird, the King High School driveway area, and Peacock Drive. ALTERNATIVES: ;I 1. Not to approve this change order. OTHER CONSIDERATIONS: This item is a final reconciliation change order that is necessary to facilitate closure of the project in a timely manner. The items in this change order have already been constructed and were necessary for quality construction. The contractor worked closely with City inspectors and the AE consultant on each ramp location to ensure that there were no unnecessary construction tasks being performed and that quantities were being kept to a minimum. CONFORMITY TO CITY POLICY: i Conforms to statutes regarding bid process; FY 2011-12 Capital Budget. EMERGENCY/ NON-EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Streets FINANCIAL IMPACT: CIP Project to Date Expenditures Fiscal Year: 2011-2012 (CIP only) Current Year Future Years TOTALS Line Item Budget $1,990,000.00 $1,703,900.00 $1,703,900.00 $5,397,800.00 Encumbered 1 Expended Amount $1,990,000.00 This item $277,159.23 BALANCE $1,426,740.77 $1,703,900.00 $3,130,640.77 Fund(s): Street 08 GO Bond (3546) Comments: This is a multi-year project. RECOMMENDATION: City staff recommends Change Order No. 3 with Ti-Zack Concrete, Inc. of Le Center, MN, in the amount of$277,159.53 be approved. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map —366— i Approvals: Veronica Ocanas, 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 f { I I i i —367— i 1 i PROJECT BUDGET i ADA IMPROVEMENTS, GROUP 1 (BOND 2008) Project No. E09050 December 6, 2011 FUNDS AVAILABLE: Bond 2008 (ADA Improvements) $3,407,800.00 Prior Year Settlement Proceeds $397,800.00 Previous Years' CIP $1,592,200.00 TOTAL $5,397,800.00 FUNDS REQUIRED: Construction (Ti-Zack Concrete, Inc)* $1,448,396.50 Ti-Zack Concrete, Change Order No. 1 $39,985.00 Ti-Zack Concrete, Change Order No. 2 $31,151.16 Ti-Zack Concrete, Change Order No. 3 $277,159.23 Contingencies (10%) $144,839.65 Consultant Fees: AIE Consultant (Goldston Engineering)** $326,715.00 Materials Testing (Raba Kistner) $28,453.15 Reimbursements: Contract Administration (Contract PreparationlA..wardlAdmin) $39,830.90 Engineering Services (Project MgtlConstr Mgt/Traffic Mgt) $50,693.88 Construction Inspection $50,693.88 Misc. (Printing, Advertising, etc.) 7,241.98 Finance Issuance 18,104.96 TOTAL $2,463,265.29 ESTIMATED PROJECT BUDGET BALANCE 2,934,534.71 *Approved by City Council January 11, 2011, Motion No. 2011-015 * *Approved by City Council November 17, 2009, Motion No. 2009-324 -368- j \Mproject\councilexhibits\exhE9050.dwg i • N PROJEC7SITE Chapporral from Brewster St. to Hughes St. :''F .IQ PROJECT 51TE 19th near Memorial Hospital to Buford 5t. LV W3 PROJECT SITE z " = Morgan from Ocean Drive to Baldwin HWY 144 AF PROJECT WE Q Baldwin from CrossTown Exp. YCCIA = to Staples St. CO RPM rq oC' RISTx B any PROJECT SITE 1 Port Ave. from Agnes to PROJECT SITE WSJ s9� Ayers " Intersection of Agnes 45th St. ° s PROJECT SITE SgR9TOGq Hp R UCC�9 �c Texan Trail Sant ronBeuccaneer PROJECTWE �s7 Alameda from Greenway to St. John Church F,M• 43 PROJECT SITE 1 Greely Drive at PROJECTSITE ��_ _ Fairfield Drive Williams Dr. from Everhart �l� y�� to Airline Rd. PROJECTSITE < yp Gollihcr from Staples tc FM X444 pLum Ave. - psi 1 PROJECT WE PROJECTSITE McArdle from Holmes Dr. Airline Road at to Whitaker Dr. SPfD LAGVXA r�. LOCATION MAP NOT TO SCALE PROJECT#E09050 ADA IMPROVEMENTS GROUP I CITY OCOUNCIL EXHIBIT CITY OF CORPUS CHRISTI, rExas DEPARTMENT OF ENGINEERING SERviCES (BOND ISSUE 2008) PAGE: 1 of 1 = i i t i 23 o 1 I RPa s AGENDA MEMORANDUM xssa . for the City Council Meeting January 17, 2012 { DATE: January 17, 2012 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Interim Director of Financial Services C-P.) constancep@cctexas.com (361)826-3227 Approval of Actions Necessary to Issue Public Property Finance Contractual Obligations j for Energy Projects PURPOSE: A. Motion authorizing the appointment of M. E. Allison & Co., Inc. as Financial Advisor for the City of Corpus Christi,Texas Public Property Finance Contractual Obligations, Series 2012. B. Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series 2012"in an amount not to exceed$8,000,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the contractual obligations; prescribing.the form, terms, conditions, and resolving other matters incident and related.to the.issuance, sale, and; delivery of the contractual obligations; authorizing..the,execution of a Payment AgentlRegistrar Agreement and a Purchase and.Investment Letter; complying with the requirements imposed by the Letter of Representations previously executed with the Depository Trust Company; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the contractual obligations; and providing an effective date. C. Ordinance appropriating $60,000 from the Unreserved Fund Balance in the No. 2010 Debt Service Fund for the Fiscal Year 2011-2012 debt payment related to the Public Property Finance Contractual Obligations; and changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $60,000; and declaring an emergency. BACKGROUND AND FINDINGS: As part of a $2,507,500 grant received from the Energy Efficiency and Conservation Block Grant Program,the City of Corpus Christi is required to conduct energy audits and retrofits of selected municipal buildings and selected facilities and infrastructure. In November 2010, McKinstry Essention, Inc.was selected to undertake an audit of City facilities based -373 i on a Request for Proposals. As a result of this audit, seven City facilities were identified for l retrofits at an estimated cost of$7,300,000. These facilities are: 1. Airport 2. American Bank Center 3. Central Library 4. City Hall 5. Health Department 6. Municipal CoUrts.and Police 1 7. Museum of Science and History The. City is considering entering into an Energy Performance contract with McKinstry Essention, Inc. as a fixed price "design/build" contract where McKinstry Essention, Inc. would act as the design engineer and contractor. The detailed technical audit for the overall project revealed that significant energy savings could be achieved with a ten-year i payback of the retrofit costs. These savings will be guaranteed by McKinstry Essention, Inc. as part of a performance contract with a performance audit being conducted annually to verify the annual energy savings. McKinstry Essention, Inc.will pay the cost difference if the projected savings are not realized based on Kwh usage. In order to finance this project, several different financing tools were examined. Upon consultation with the City's financial advisor and bond counsel, Public Property Finance Contractual Obligations(PPFCO's)were identified as the most cost effective financing tool for this project. Public Property Finance Contractual Obligations are authorized under Subchapter A, "Public Property Financing Act", Chapter 271 of the Local Government Code and are used to finance personal property and equipment acquisitions for a term not to exceed 25 years. "Personal property" includes appliances, equipment, facilities, and furnishings, or an interest in personal property; or material and labor incident to the installation of that personal property. It does not include real property. Based on a review of the attached list of projects,. bond counsel concluded that these projects qualify to be funded with PPFCO's. Execution of Public Property Finance Contractual Obligations is similar to other debt the City issues. A financial advisor is utilized for the transaction, and appointment of M. E. Allison & Co., Inc. is being recommended in Part A of this agenda item. Part B of this agenda item authorizes the issuance of the Public Property Finance Contractual Obligations and is structured as a parameter-similar to the City's most recent debt financings. The parameter ordinance authorizes the City Council to delegate to the Mayor, City Manager, and Assistant City Manager for General Government and Operations Support (i.e., "Authorized Representatives") the authority to effect the sale of the Contractual Obligations subject to the following parameters:(1) the principal amount of each series of the Obligations may not exceed $8,000,000; (2) none of the Obligations shall bear interest at a rate greater than 7% per year; and (3)the Obligations must have a' rating issued by a nationally recognized municipal securities ratings organization in one of the four highest rating categories. The City's bond counsel has confirmed that the City can delegate the sale of the Contractual Obligations to the Authorized Representatives in the —374— r manner outlined above pursuant to the authority contained in Chapter 1371, as amended, Texas Government Code. Due .to the size of this transaction, it is being structured as a privately-placed loan — meaning that ourfinancial advisorwill be soliciting bids to financial institutions. As a result, 1 no underwriters will be needed for this transaction. Part C of this agenda item is appropriating $60,000 from the unreserved fund balance of the Debt Service Fund to pay the first debt payment of interest only in March 2012. This � action is needed because this debt issuance ce was not known at the time the Fiscal Year 2011-2012 was prepared. However, the remaining debt payments will be budgeted in future years accordingly. It should also be noted that any energy savings realized as part of the performance contract will be transferred to the Debt Service Fund each budget year to make the subsequent.debt payments. ALTERNATIVES: nla OTHER CONSIDERATIONS: nla FINANCIAL IMPACT: PART B: o Not Applicable ❑ Operating Expense X Revenue n CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - $ $ _ $ _ Encumbered/Expended amount of(date) This item - $ 8,000,000 $ - $ 8,000,000 BALANCE - $ 8,000,000 $ - $ 8,000,000 FUND(S):Will be recorded in a new CIP Fund COMMENTS: Although the project is budgeted at $7,300,000, the amount authorized in the parameter ordinance is an amount not to exceed $8,000,000 to give the City the flexibility to generate $7,300,000 in proceeds for project costs in the event the market becomes unfavorable. —375— Ir PART C: o Not Applicable X Operating Expense o Revenue o CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget for Interest Payments - $ 15,282,012 $ - $ 15,282,012 Encumbered/Expernded - - - amount of:(date) This item - $ 60,000 $ - $ 60,000 BALANCE - $ 15,342,012 $ - $ 15,342,012 FUND(S): Fund 2010 Debt Service Fund COMMENTS: The $60,000 represents the first debt payment of interest only in March 2012. Since this item was unforeseen at the time the operating budget was prepared, this action will add $60,000 to the existing budget of interest payments in the Debt Service Fund for Fiscal Year 2011-2012. Future debt payments will be budgeted accordingly as part of the annual budget process. RECOMMENDATION: Staff recommends that City Council approve each part of this agenda item.as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY 1 NON-EMERGENCY: Part B: Issuance of municipal obligations are exempted from the City of Christi's charter provision regarding dual reading and/or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. Part C: According to Article 11, Section 14 of the City Charter, an item is classified as an "emergency" if it calls for an "immediate action necessary for the efficient and effective administration of the city's affairs." Passing this ordinance in one reading encourages operational efficiencies since all transactions and accounting entries relating to this item will be addressed at the same time. —376— i a DEPARTMENTAL CLEARANCES: • Bond Counsel • Legal Department • Engineering Services 1 LIST OF SUPPORTING DOCUMENTS: Exhibit A: Financial Advisor Fee Schedule Exhibit B: Summary of Projects I Ordinances i cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan,Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager —377— INVESTMENT BANKERS i i FINANCIAL ADVISORY FEE SCHEDULE j GENERAL OBLIGATION BONDS And Not More than More than $ $ 250,000 $7,500 plus$20.00 per$1,000 for all over$150,000 250,000 350,000 $9,500 plus$10.00 per$1,000 for all over$250,000 350,000 500,000 $10,500 plus$8.00 per$1,000 for all over$350,000 500,000 700,000 $11,700 plus$7.00 per$1,000 for all over$500,000 700,000 1,000,000 $13,100 plus$6.00 per$1,000 for all over$700,000 1,000,000 1,500,000 $14,900 plus$5.00 per$1,000 for all over$1,000,000 1,500,000 5,000,000 $I7,400 plus$3.00 per$1,000 for all over$1,500,000 5,000;000 10,000,000 $27,900 plus$1.65 per$1,000 for all over$5,000,000 10,000,000 20,000,000 . $36,150 plus$1.00 per$1,000 for all over$10,000,000 20,000,000 No Limit $46,150 plus$0.85 per$1,000 for all over$20,000,000 REVENUE BONDS AND COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation,Refunding, Direct Pay Subsidy or Lease Purchase Obligations,the fee shall be the amount computed from the above schedule,plus 25%. -378- EXHIBIT A Facility Improvement Measure (FIM} Summary Fixed Price Energy Performance Contract (Design/Build} November 8, 2011 AIR -09.01 LightingUpgrade Improvements the existing Interior and exterior lighting systems with new more effident lighting technologies including rnntrals where aoo8cable AIR - Airport $293,504 - $42,397 $2,427 6.5 - $7,775 $285,729 6.9 AIR -16.01 Computer Power Management Install and program a software solution on (56) personal computers within this fadlity which will reduce energy consumption during periods of Inactivity. AIR - Airport $1,345 $587 $0 2.3 $0 $1,345 2.3 AIR -26.01 High EfficiencyInstall Hand Dryers (14) new high efficiency hand dryers In select high traffic restrooms to replace existing paper towel dispensers in an effort to reduce operational and material costs. AIR - Airport $67,237 ($151) $9,600 7.1 $0 $67,237 7.1 Mr - Airport (Total): *352,086 $42,832 $12,027 6.6 $7,775 $354,311 6.5 AME -04.01 HVAC Controls Improvements (Selena Auditorium) Install a new energy management control system to optimize the performance of the equipment serving the Selena Auditorium. lndudes VFDs on AHU Fans and demand controlled ventilation technology. AME - American Bank Center $135,389 $26,884 $D - 5.0 $0 $135,389 5.0 AME -09.01 U htin g g Improvements (Arena) Upgrade the existing interior and exterior lighting systems with new more efficient lighting technologies Including controls whore appgpht'. AME -American Bank Center vAME $191, 840 $36,100 $4,077 4.8 $7,163 $184,677 4.6 AME -09.01 Lighting Improvements (Convention Center) Upgrade the existing Interior and exterior lighting systems - American with new more effident lighting technologies Inducing Bank Center matmts where annllcahle $494,906 $87,660 $5,172 5.3 $21,388 $473,518 5.1 AME -09.01 Lighting Improvements (Selena triltnriirml Upgrade the existing Interior and exterior lighting systems AME - American with new more effident lighting technologies Including mntrnl< where anniirahla Bank Center $25,126 $7,798 $304 3.1 $1 r250 $23,876 2.9 ME -f 6.01. Computer wer Management Install and program a software solution on (62) computers AME -American within this fadlity which will reduce energy consumption Bank Center durinn nerinds nfioattivlty $1,489 $650 $0 2.3 $0 $1,489 . 2.3 AME -15.02 Vending Power Management Install energy saving devices on (6) cold drink and (2) non- AME - American refrigerated snack machines to reduce equipment Bank Center n,erafon durinn unnrruaieri merindc $3,138 $712 $o 4.4 $0 $3,138 4.4 AME -25.01 Retro- Commissioning (Convention Center & Arena) Provide retro -commissioning of the equipment located at the Convention Center & Arena In an effort to improve the overall energy performance of the facility. The existing AME - American HVAC control systems will also be enhanced and Bank Center Integrated onto the new dty-wide user graphical Interface ,......,.....- $378,436 $36,569 $0 10.3 $D $378,436 10.3 AME - American Bank Center (Total): *1,230,324 - $196,373 $9,553 6.0 *29,801 $1,200,523 5.8 CEN -04.01 HVAC Controls Improvements Install a new energy management control system to optimize the performance or the equipment serving this CEN - Central fadllty. Includes VFDs on AHU Fans and demand controlled Ubrary ventilation technology on select AHUs. *277 ,8{)2 $26,833 $0 10.4 $D ' $277,802 10.4 CEN -09.01 ughtlng improvements Upgrade the existing interior and exterior lighting systems CEN - Central with new more effident lighting technologies including Ubrary rnnlrnin when. aoolicsble Install $145,865 $20,520 $2,317 6.4 $6,075 $139,790 6.1 CEN -16.01 Computer .ower Management and program a software solution on (90) computers CEN - Central within this fadlity which will reduce energy consumption Library- durine ewrinde of lnarHvity Install devices $2,161 $1,940 $0 1.1 $0 $2,161 1.1 MN -16.02 Vending Power Management energy saving on (2) cold drink and (1) non- CEN -Central refrigerated snack machines to reduce equipment Library orteration durinn unnrrlmled neriods $1,141 $287 $0 4.0 $0 $1 , 141 4.p CEN - Central Library (Total): $426,969 $49,579 $2,317 8.2 $6,075 *420,894 8.1 Install (2) 1T-02.01 Primary Chillers k Cooling Tower readied mprovement includes tower •....1, new electrical 200 Ton water -coaled chillers In place of the existing aged absorption chillers which have the end of their useful life. This measure also CIT - City Hall the Installation of a new more of dent cooling and backup diesel generator with a 24 hour fuel $1,418,603 ($6,956) $155,000 9.6 $0 $1,418,603 9.6 IT -02.02 IT Chiller mprovements Exdudes Replace the existing IT area electric chiller with a new more efficient 40 -Ton water-cooled electric chiller. CIT - City Hall the Installation of new AHUs In the served area. $109,693 $3,659 $3,900 14.5 $0 $109,693 14.5 CIT -04.01 HVAC Controls Improvements Demand This measure Involves the installation of VFDs and Dema Controlled Ventilation tedmology on the (4) dedicated CIT - City Hall $113,822 $16,606 $0 6.9 $0 $113,822 Lighting Improvements UpgCIT-09.01 and extertor lighting ding with new more efficient lighting technologies Induding nt lighting with e there efficient CIT - City Hall $426,270 ®®® $14,900 $411,370 6.4 CIT -16.01 Computer Power Management Install and program a software solution on (1,057) computers within thls fadllty which will reduce energy ®® $11,087 $0 ® $0 2.3 CIT -16.02 Vending Power Install energy saving devices on (8) cold drink and (2) non - refrigerated snack machines to reduce equipment $3,994 - $1,255 $0 3.2 $0 $3,994 3.2 CIT -26.01 High Efficiency Hand Dryers (14) new high efflclency hand dryers In select high trafficrestroo to replace existing paper towel dispensers to anneffort to reduce operational and material costs.IIIIIIIIMME CIT - City Hall ®® $9,600 7.1 $0 $67,237 .11111 $2,165,001 111=111 $172,943 8.4 414,900 42,150,101 8.3 ---- OMMIIIII tmprovemieats tln8 with newUpgrdethe more effidentlilighting to hnologies includingems HEA - Health Deparhnent $177,653 $21,168 $1,573 ®® 7.5 HEA -16.01 Computer Power Management Install and program a software solution on (204) mmputer5 within this facility which wLLl reduce energy HEA - Health Department HEA - Health Department $1,853 $2'049 ® $0 $0 ME 3.8 - $0 $0 $1,853 .� HEA -16.02 Vending Power Management Install energy saving devices on (3) cold drink and (2) non - refrigerated machines to reduce equipment • ` HEA -25.01 Commissioning 1!TT•a:li $106,134 415,090 $0 7.0 $0 $106,134 7.0 HEA - Health Department (Total): 11111111111111.1111 $290,539 $1,573 7.2 47,038 $282,701 7.0 UN -04.01 HVAC qulpment & Controls Improvements Replace approximately (26) air -handling units, (125) VAV boxes and Install a new energy management control system to optimize the performance of the equipment serving this fedlity. Includes VFDs on Fans and Pumps and demand controlled ventilation technology on select AHU5. MUN - Municipal Courts and Police $1,779,545 $31,965 $16,624 36.6 $0 $1,779,545 36.6 MUN-09.01 Ughdng Improvements Upgrade the existing interior and exterior lighting systems with new more efficient lighting technologies includingCourts MUN - Munidpa1 and Police $260,918 $43,652 $3,570 5.5 $9,688 $251,230 5.3 MUN-16.01 Computer Power Management Install andprogram a software solution on (920) computers within this facility which will reduce energy MUN - Municipal Courts and Police $22,090 $9,241 $0 2.4 $0 $22,090 2.4 MUN (Municipal Courts and Police (Total): $2,062,553 $84,858 420,194 19.6 - 49,558 42,052,865 MU5-04.01 HVAC Controls Improvements Integrate theexistingHVAC controls systems onto the new dty-wide graphical user interface. Install new variable frequency drives and demand controlled ventilation technology on the air -handling equipment. Provide retro- commissioning of the existing equipment to Improve the overall energy performance of the fadiity. MUS -Museum of Science and History $132,182 - $36,881 $p 3.6 $0 $132,182 . 3.6 MUS -09.01 Lighting Improvements Upgrade the existing Interior and exterior lighting systems with new more effident lighting technologies Including MUS - Museum of Silence and $279,866 $24,864 =I 9.4 $12,638.1=1101 9.0 MUS -16.01 Computer Power Management Install and program a software solution on (20) computers within this facility which will reduce energy consumption • • MUS - Museum of 5dence and $480 $200 $0Min $0 $980 NM= MUS• Museum of Science and History (Total): M:EMIII:=M $399,890 6.0- $6,950,000-- - -- ., F �. Totals $350,000 $7,300,000 --S $559,349 $223,395 8.9 - $88,715 8.8 1 i DRAFT OF 10/14/2011 ORDINANCE NO. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF CORPUS CHRISTI, TEXAS PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 2012.", IN AN AMOUNT NOT TO EXCEED $8,000,000, LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE CONTRACTUAL OBLIGATIONS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE,AND DELIVERY OF THE CONTRACTUAL OBLIGATIONS; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE AND INVESTMENT LETTER; COMPLYING WITH THE REQUIREMENTS IMPOSED BY THE LETTER OF REPRESENTATIONS PREVIOUSLY EXECUTED WITH THE DEPOSITORY TRUST COMPANY; DELEGATING THE AUTHORITY TO THE MAYOR AND CERTAIN MEMBERS OF THE CITY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE CONTRACTUAL OBLIGATIONS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to the provisions of the Public Property Finance Act, as amended, Texas Local Government Code, Subchapter A of Chapter 271 (the Act), the City Council (the Governing Body) of the City of Corpus Christi, Texas (the City and/or Issuer) is authorized and empowered to execute,perform, and make payments under contracts with any person for the use, acquisition,or purchase,or the financing thereof, of personal property; WHEREAS, in accordance with the provisions of the Act, the Governing Body hereby finds and determines that the acquisition, use, or purchase, or the financing thereof; of certain items of personal property identified in Exhibit A attached hereto, or such other personal property, appliances, equipment, furnishings, or interests therein, considered by the Governing Body to be necessary, useful, and/or appropriate for purposes of the Issuer, as evidenced by a resolution or ordinance adopted by the Governing Body, should be financed under and pursuant to one or more contracts to be executed, performed, and made on the terms and in the form hereinafter prescribed; WHEREAS, the Governing Body hereby finds and determines that the issuance of the contractual obligations is in the best interests of the citizens of the Issuer; now,therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: Authorization - Designation - Principal Amount - Purpose. Contractual obligations of the Issuer shall be and are hereby authorized.to be issued in the aggregate principal 81044549.3 -381- i I amount of MILLION HUNDRED THOUSAND AND NO/100 DOLLARS ($� }, to be designated and bear the title of "CITY OF CORPUS CHRISTI, TEXAS PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 2011" (the Obligations), for the purpose of providing funds for(1)the acquisition of property and equipment related thereto and(2)the payment of professional services related to the acquisition and financing of the aforementioned projects, all in conformity with the laws of the State of Texas, particularly Subchapter A, Chapter 271, as amended, Texas Local Government Code, the City's Home Rule Charter, and an ordinance adopted by the Governing Body on November 15, 2011. As authorized by Chapter 1371, as amended, Texas Government Code (Chapter 1371), the Mayor of the Issuer, the City Manager of the Issuer, and the Assistant City Manager for General Government and Operations Support (each of the foregoing, individually, an Authorized Oficial) are hereby authorized, appointed, and designated as the officers of the Issuer authorized to individually act on behalf of the Issuer in selling and delivering the Obligations authorized herein and carrying out the procedures specified in this Ordinance, including approval of the aggregate principal amount of each maturity of the Obligations, the redemption provisions therefor, the Dated Date thereof, and the rate of interest to be borne on the principal amount of each such maturity. Each Authorized Official, acting for and on behalf of the Issuer, is authorized to execute the Approval Certificate attached hereto as Schedule I. The Obligations shall be issued in the principal amount not to exceed $8,000,000; the maximum maturity of the Obligations will be March 1, 2031; and the net effective per annurn interest rate shall not exceed a rate greater than 7.0% per annum calculated in a manner consistent with the provisions of Chapter 1204, as amended, Texas Government Code. Lastly, each Authorized Official is authorized to select the bond insurer, if any, with respect to the Obligations. The execution of the Approval Certificate shall evidence the sale date of the Obligations by the Issuer to the Purchasers in accordance with the provisions of Chapter 1.371. It is farther provided, however, that notwithstanding the foregoing provisions, the Obligations shall not be delivered unless prior to their initial delivery, the Obligations have been rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for long term obligations, as required by Chapter 1371. Upon execution of the Approval Certificate, Bond Counsel is authorized to complete this Ordinance to reflect such final terms. SECTION 2: Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates — Dated Date. The Obligations shall be issued as fully registered obligations, without coupons, shall be dated November 1, 2011 (the Dated Date) and shall be in denominations of$5,000 or any integral multiple thereof, shall be lettered "R-" and numbered consecutively from one (1) upward and principal shall become due and payable on March 1 in each of the years (the Stated Maturities) and in the amounts and bear interest at the rates per annum.in accordance with the following schedule: Years of Payment Dates Installment Amounts M Interest Rates % 81044549.3 2 -382- i 1 i i The Obligations shall bear interest on the unpaid principal amounts from the Closing Date (hereafter defined), or from the most recent Interest Payment Date to which interest has been paid or duly provided for,to Stated Maturity or prior redemption, while Outstanding, at the rates per annum shown in the above schedule (calculated on the basis of a 360-day year of twelve 30-day months). Interest on the Obligations shall be payable on March .1 and September 1 in each year, commencing March 1, 2012 (the Interest Payment Date), while the Obligations are Outstanding. SECTION 3: Payment of Obligations - Paving Agent/Registrar. The principal of, premium, if any, and the interest on the Obligations, due and payable by reason of Stated Maturity, redemption or otherwise, shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of, premium, if any, and interest on the Obligations shall be without exchange or collection charges to the Holder(as hereinafter defined)of the Obligations. The selection and appointment of Texas (the Paying Agent/Registrar), to serve as the initial Paying Agent/Registrar for the Obligations is hereby approved and confirmed, and the Issuer agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register) for the registration, payment, and transfer of the Obligations, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached, in substantially final form, as Exhibit B hereto, and such reasonable rules and regulations as the Paying Agent/Registrar and the Issuer may prescribe. The Issuer covenants to maintain and provide a Paying Agent/Registrar at all times while the Obligations are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or(ii)an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent/Registrar. 81044549.3 3 —383— J The Issuer reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the Issuer agrees to promptly cause a written notice of this substitution to be sent to each Holder of the Obligations by United States mail, first-class . postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of, premium, if any, and interest on the Obligations, due and payable by reason of Stated Maturity,redemption, or otherwise, shall be payable only to the registered owner.of the Obligations appearing on the Security Register (the Holder or Holders) maintained on behalf of the Issuer by the Paying Agent/Registrar as hereinafter provided (i)on the Record. Date (hereinafter defined) for purposes of payment of interest on the Obligations, (ii)on the date of surrender of the Obligations for purposes of receiving payment of principal thereof at the Obligations' Stated Maturity or upon redemption of the Obligations, and (iii)on any other date for any other purpose. The Issuer and the Paying Agent/Registrar, and any agent of either, shall treat the Holder as the owner of an Obligation for purposes of receiving payment and all other purposes whatsoever, and neither the Issuer nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of and premium, if any, on the Obligations shall be payable only upon presentation and surrender of the Obligations to the Paying Agent/Registrar at its corporate trust office. Interest on the Obligations shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the Obligations (the Record Date) and shall be paid (i)by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, by the Paying Agent/Registrar, to the address of the Holder appearing in the Security Register or (ii)by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder's risk and expense: . If the date for the payment of the principal of, premium, if any, or interest on the Obligations shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Obligations was due. In the event of a non-payment of interest on a scheduled payment date, and for thirty(30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder of an Obligation appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. 91044549.3 4 -384- I SECTION 4: Redep2ption. A. Optional Redemption The Obligations having Stated Maturities on and after March 1, shall be subject to redemption prior to Stated Maturity, at the option of the Issuer, on March 1, or on any date thereafter,in whole or in part, in principal amounts of$5,000 or any integral multiple thereof(and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar) at the redemption price of par plus accrued interest to the date of redemption. B. Exercise of Redemption Option. At least forty-five (45) days prior to a date set for the redemption of Obligations (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the Issuer shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Obligations, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof The decision of the Issuer to exercise the right to redeem Obligations shall be entered in the minutes of the governing body of the Issuer. C. Selection of Obligations for Redemption. If less than all Outstanding Obligations of the same Stated Maturity are to be redeemed on a redemption date,the Paying Agent/Registrar shall select at random and by lot the Obligations to be redeemed, provided that if less than the entire principal amount of an Obligation is to be redeemed, the Paying Agent/Registrar shall treat such Obligation then subject to redemption as representing the number of Obligations Outstanding which is obtained by dividing the principal amount of such Obligation by$5,000. D. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Obligations, a notice of redemption shall be sent by United States Mail, first-class postage prepaid, in the name of the Issuer and at the Issuer's expense, by the Paying Agent/Registrar to each Holder of an Obligation to be redeemed, in whole or in part, at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i)specify the date of redemption for the Obligations, (ii)identify the Obligations to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Obligations, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Obligations, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. If an Obligation is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as herein provided, such Obligation (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Obligations (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent/Registrar, then on the redemption date designated in such notice, interest on said Obligations (or the principal amount thereof to be redeemed) called for 81044549,3 5 -385- J i I� redemption shall cease to accrue, and such Obligations shall not be deemed to be Outstanding in accordance with the provisions of this Ordinance. This notice may also be published once in a financial publication,journal, or reporter of general circulation among securities dealers in the City of New York,New York(including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). Additionally, this notice may also be sent by the Issuer to any registered securities depository and to any national'information service that disseminates redemption notices. E. Transfer/Exchange of Obligations. Neither the Issuer nor the Paying Agent/Registrar shall be required to transfer or exchange any Obligation during a period beginning forty-five (45) days prior to the date fixed for redemption of the Obligations or to transfer or exchange any Obligation selected for redemption;provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance of an Obligation which is subject to redemption in part. i SECTION 5: Execution - Registration. The Obligations shall be executed on behalf of the Issuer by its Mayor under the seal of the Issuer reproduced or impressed thereon and attested by its City Secretary. The signature of any of said officers on the Obligations may be manual or facsimile. Obligations bearing the manual or facsimile signatures of individuals who were, at the time of the Dated Date, the proper officers of the Issuer shall bind the Issuer, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Obligations to the Purchasers (hereinafter defined), all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Obligation shall be entitled to any right or benefit under this Ordinance,or be valid or obligatory for any purpose, unless there appears on such Obligation either a certificate of registration substantially in the form provided in Section 8C, executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 8D, executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Obligation shall be conclusive evidence, and the only evidence, that such Obligation has been duly certified or registered and delivered. SECTION 6: Registration - Transfer - Exchange of Obligations. -_ Predecessor Obligations. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name.and address of every owner of the Obligations, or, if appropriate, the nominee thereof. Any Obligation may, in accordance with its terms and the terms hereof, be transferred or exchanged for Obligations of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Obligation to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender for transfer of any Obligation at the corporate trust office of the Paying Agent/Registrar, the Issuer shall execute and the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Obligations of 81044549.3 6 -38r� C 6" i . i i authorized denomination and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Obligation or Obligations surrendered for transfer. At the option of the Holder, Obligations may be exchanged for other Obligations of authorized denominations and having the same Stated Maturity,bearing the same rate of interest and of like aggregate principal amount as the Obligations surrendered for exchange upon surrender of the Obligations to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Obligations are so surrendered for exchange, the Issuer shall { execute, and the Paying Agent/Registrar shall register and deliver, the Obligations to the Holder requesting the exchange. All Obligations issued upon any transfer or exchange of Obligations shall be delivered at ithe corporate trust office of the Paying Agent/Registrar, or be sent by registered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the Issuer, evidencing the same obligation to pay, and entitled to j the same benefits under this Ordinance, as the Obligations surrendered upon .such transfer or exchange. All transfers or exchanges of Obligations pursuant to this Section shall be made without - expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Obligations canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Obligations, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Obligation or Obligations registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Obligations shall include any Obligation registered and delivered pursuant to Section 17 in lieu of a mutilated, Iost, destroyed, or stolen Obligation which shall be deemed to evidence the same obligation as the mutilated, lost,destroyed,or stolen Obligation. SECTION 7: Initial Obligations. The Obligations herein authorized shall be initially issued as a single fully registered Obligation in the aggregate principal amount of$ with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1 (the Initial Obligations), and the Initial Obligations shall be registered in the name of the Purchasers or the designee thereof. The Initial Obligations shall be the Obligations submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchasers. Any time after the delivery of the Initial Obligations, the Paying Agent/Registrar, pursuant to written instructions from the Purchasers, or the designee thereof, shall cancel the Initial Obligations delivered hereunder and exchange therefor Definitive Obligations of like kind and of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the Purchasers, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. $1044549.3 7 -387- SECTION 8: FORMS, A. Forms Generall . The Obligations,the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Obligations shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Obligations, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of counsel) thereon as may, consistent herewith, be established by the Issuer or determined by the officers executing the Obligations as evidenced by their execution thereof. Any portion of the text of any Obligation may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Obligation. The definitive Obligations shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Obligations as evidenced by their execution thereof, but the Initial Obligation(s) submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. 810"549.3 8 -388- B. Form of Definitive Obligation. REGISTERED REGISTERED NO. PRINCIPAL AMOUNT United States of America E State of Texas Counties of Nueces,Aransas, Kleberg, and San Patricio { CITY OF CORPUS CHRISTI, TEXAS PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 2011 Dated Date: Interest Rate: Stated Maturity: CUSIP NO: November 1, 2011 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS The City of Corpus Christi, Texas (the Issuer), a body corporate and a municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay-to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above,the Principal Amount specified above(or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Closing Date, or from the most recent interest payment date to which interest has been paid or duly provided for until such Principal Amount has become dire and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, while Outstanding, at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on March 1 and September 1 of each year commencing March 1, 2012. Principal on this Obligation shall be payable to the Registered Owner hereof (the Holder), upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Holder of this Obligation (or one or more Predecessor Obligations, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of and interest on this Obligation shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder's risk and expense. 81044549.3 9 -389- i I 1 3 This Obligation is one of the series specified in its title issued in the aggregate principal amount of $' (the Obligations) pursuant to an ordinance adopted by the Governing Body of the Issuer(the Ordinance), for the purpose of providing funds for(1)the acquisition of a fire truck and equipment related thereto and (2)the payment of professional services related to the acquisition and financing of the aforementioned projects; and, all in conformity with the laws of the State of Texas, including Subchapter A, Chapter 271, as amended, Texas Local j Government Code, Chapter 1371, as amended, Texas Government Code, the City's Home Rule Charter, and the Ordinance. a 1 As specified in the Ordinance, the Obligations having Stated Maturities on and after 1 March 1, shall be subject to redemption prior to Stated.Maturity, at the option of the Issuer, on March 1, or on any date thereafter, in whole or in part in principal amounts of$5,000 or any integral multiple thereof(and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar) at the redemption price of par, together with accrued interest to the date of redemption, and upon thirty(30) days prior written notice being given by United States mail, first-class postage prepaid, to the Holders of the Obligations to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Obligation is subject to redemption prior to Stated Maturity and is in a J denomination in excess of$5,000, portions of the principal sum hereof in installments of$5,000 or any integral multiple thereof may be redeemed, and, if less than all of the principal sum hereof is to be redeemed, there shall be issued, without charge therefor, to the Holder hereof, upon the surrender of this Obligation to the Paying Agent/Registrar at its corporate trust office, a new Obligation or Obligations of like Stated Maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Obligation (or any portion of the principal sum hereof)shall have been duly called for redemption and notice of such redemption has been duly given, then upon such redemption date this Obligation(or the portion of the principal sum hereof to be redeemed)shall become due and payable, and, if money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. If this Obligation is called for redemption, in whole or in part, the Issuer or the Paying Agent/Registrar shall not be required to issue, transfer, or exchange this Obligation within forty-five (45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance hereof in the event of its redemption in part. The Obligations of this series are payable from the proceeds of an annual ad valorem tax levied upon all taxable property within the Issuer within the limitations prescribed by law. Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Obligations; the terms and conditions relating to 81094549.3 10 -390- i I i the transfer or exchange of the Obligations; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the Issuer and the Paying Agent/Registrar; the terms and provisions upon which this Obligation may be redeemed or discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. f This Obligation, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/R.e&trar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Obligations of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The Issuer and the Paying Agent/Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i)on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii)on the date of surrender of this Obligation as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii)on any other date as the owner hereof for all other purposes, and neither the Issuer nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment(a Special Record Date)will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Obligation in order to render the same a legal,valid, and binding obligation of the Issuer have been performed, exist, and have been done, in regular and due time, form, and manner, as required by law, and that issuance of the Obligations does not exceed any constitutional or statutory limitation; and that due.provision has been made for the payment of the principal of, premium if any, and interest on the Obligations by the levy of a tax as aforestated. In case any provision in this Obligation or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Obligation and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. [The remainder of this page intentionally left blank.] 81044549.3 11 -391- IN WITNESS WHEREOF, the Issuer has caused this Obligation to be duly executed under its official seal. CITY OF CORPUS CHRISTI,TEXAS i l By Mayor ATTEST: City Secretary (CITY SEAL) C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Obligations Oma. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF § PUBLIC ACCOUNTS § § REGISTER NO, THE STATE OF TEXAS § I HEREBY CERTIFY that this Obligation has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) *NOTE TO PRINTER: Not to appear on printed Obligations. D. Form of Certificate of Paying Agent/Registrar to Appear on Definitive Obligations. 8!044549.3 12 -392- i REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Obligation has been duly issued under the provisions of the within-mentioned Ordinance; the Obligation or Obligations of the above-entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown-by the records of the Paying Agent/Registrar. Registered this date: as Paying Agent/Registrar By: Authorized Signature i E. Form of Assignment. ASSIGNMENT FOR VALUE-RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Obligation and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Obligation on the books kept for registration thereof,with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Obligation in every particular. Signature guaranteed: F. The Initial Obligations shall be in the respective forms set forth in paragraph B of this.Section, except that the form of a single fully registered Initial Obligation shall be modified as follows: (i) immediately under the name of the Obligation(s) the headings "Interest Rate "and"Stated Maturity "shall both be completed"as shown below"; (ii) the first two paragraphs shall read as follows: 81044544.3 13 -393- j I Registered Owner: Principal Amount: The City of Corpus Christi, Texas (the Issuer), a body corporate and municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricia, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above,or the registered assigns thereof,the Principal Amount specified above on the first day of March in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: I Years of Payment Dates Installment Amounts Interest Rates M (Information to be inserted from schedule in Section 2 hereof). i (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Closing Date (anticipated to be , 2011) or from the most recent interest payment date to which interest has been paid or duly provided for until the Principal Amount has become due and payment thereof has been made or duly provided for, at the per annum rates of interest specified above computed on the basis of a 360-clay year of twelve 30-day months; such interest being payable on March 1 and September 1 of each year, commencing March 1, 2012. Principal of this Obligation shall be payable to the Registered Owner hereof(the Holder), upon its presentation and surrender, at the corporate trust office of , Texas(the Paying Agent✓Registrar). Interest shall be payable to the Holder of this Obligation whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of and interest on this Obligation shall be in any coin or currency of the United States of.America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar,requested by, and at the risk and expense of,the Holder hereof. G. Insurance Legend. If bond insurance is obtained by the Issuer or the Purchasers for the Obligations, the Definitive Obligations and the Initial Obligations shall bear an appropriate legend as provided by the insurer. SECTION 9: Definitions. For all purposes of this Ordinance(as defined below), except as otherwise expressly provided or unless the context otherwise requires: (i)the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 19 and 36 of this Ordinance have the meanings assigned to them in such Sections, and all such terms include the plural as well as the singular; (ii)all references in this Ordinance to designated "Sections" and other subdivisions are to the designated Sections and other 81044549.3 14 -394- i i subdivisions of this Ordinance as originally adopted; and (iii)the words "herein", "hereof', and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. A. The term Authorized Officials shall mean the Mayor of the Issuer, the City j Manager of the Issuer, and the Assistant City Manager for General Government and Operations Support. i B. The term Closing Date shall mean the date of physical delivery of the Initial Obligations in exchange for the payment in foil by the Purchasers. C. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set as by the Issuer as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum ratepermitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto. D. The term Depository shall mean an official depository bank of the Issuer. E. The term Government Securities, as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; or (iii)noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. F. The' term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Obligation. G. The term Interest Payment Date shall mean the date interest is payable on the Obligations, being March I and September 1 of each year, commencing March 1, 2012, while any of the Obligations remain Outstanding. H. The term .Issuer shall mean the City of Corpus Christi, Texas located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, Texas and, where appropriate, the Governing Body of the City. 8104549.3 15 -395- i i I l I. The term Obligation Fund shall mean the special Fund created and established by the provisions of Section 10 of this Ordinance. J. The term Obligations shall mean the $7,500,000 "CITY OF CORPUS CHRISTI, TEXAS PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 2011" authorized by this Ordinance. K. The term Ordinance shall mean this ordinance finally adopted by the Governing Body of the Issuer on November 15, 2011. L. The term Outstanding when used in this Ordinance with respect to Obligations shall mean, as of the date of determination, all Obligations issued and delivered under this Ordinance, except: (1) those Obligations canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; 4 (2) those Obligations for which payment has been duly provided by the Issuer in accordance with the provisions of Section 21 of this Ordinance; and (3) those Obligations that have been mutilated, destroyed, lost, or stolen and replacement Obligations have been registered and delivered in lieu thereof as provided in Section 17 of this Ordinance. M. The term Purchasers shall mean the initial purchasers of the Obligations named in Section IS of this Ordinance. N. The term Stated Maturity shall mean the annual principal payments of the Obligations payable on March 1 of each year, as set forth in Section 2 of this Ordinance. SECTION 10: Obligation Fund— Investments. For the purpose of paying the interest on and to provide a sinking fluid for the payment, redemption, and retirement of the Obligations, there shall be and is hereby created a special Fund to be designated "PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 2011, INTEREST AND SINKING FUND" (the Obligation Fund), which Fund shall be kept and maintained at the Depository, and money deposited in such Fund shall be used for no other purpose and shall be maintained as provided in Section 19. Authorized Officials of the Issuer are hereby authorized and directed to make withdrawals from the Obligation Fund sufficient to pay the principal of, premium, if any, and interest on the Obligations as the same become due and payable and shall cause to be transferred to the Paying Agent/Registrar from money on deposit in the Obligation Fund an amount sufficient to' pay the amount of principal and/or interest stated to mature on the Obligations, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available finds to be deposited with the Paying Agent/Registrar on or before the business day next preceding each interest and principal payment date for the Obligations. Pending the transfer of funds to the Paying Agent/Registrar, money in any Fund created and established by this Ordinance, at the option of the Issuer, may be placed in time deposits, 91044549.3 16 -396- i certificates of deposit, guaranteed investment contracts, or similar contractual agreements, as permitted'by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book-entry form, in securities including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States. of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, or Federal Housing Association; provided that all.such deposits and investments shall be made in such a manner that the money required to be expended from such Fund will be available at the proper time or times. All interest and income derived from deposits and investments in such Fund shall be credited to, and any losses debited to, such Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Obligations. SECTION 11: Tax Lew. To provide for the payment of the Debt Service Requirements on the Obligations being (i)the interest on the Obligations and (ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Obligations or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars' valuation of taxable property in the Issuer, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Obligation Fund and are thereafter pledged to the payment of the Obligations. The Governing Body hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service Requirements, it having been determined that the existing and available taxing authority of the Issuer for such purpose is adequate to permit a Iegally sufficient tax in consideration of all other outstanding indebtedness and other obligations of the Issuer. SECTION 12: Deposits to Obligation Fund — Surplus Obligation Proceeds. The Issuer hereby covenants and agrees to cause to be deposited in the Obligation Fund prior to a principal and interest payment date for the Obligations, from the annual levy of an ad valorem tax or from other lawfully available funds, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Obligations as the same accrues or matures or comes due by reason of Stated Maturity. Accrued interest, if any, received from the Purchasers of the Obligations shall be deposited to the Obligation Fund. In addition, any surplus proceeds from the sale of the Obligations, including investment income thereon, not expended for authorized purposes, as described in Section I hereof, shall be deposited in the Obligation Fund, and such amounts so 81044549.3 17 -397 deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem { taxes. SECTION 13: Security of Funds. All money on deposit in the Funds for which this { Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws j of the State of Texas for the security of public funds, and money on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 14: Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the Issuer covenants and agrees particularly that in the event the Issuer(a)defaults in the payments to be made to the Obligation Fund or(b)defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Obligations shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the Issuer and other officers of the Issuer to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies.shall not.be deemed to be exclusive. SECTION 15:Notices to Holders -- Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first-class postage prepaid, to the address of each Holder as it appears in the Security Register. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 16: Cancellation. All Obligations surrendered for payment, transfer, redemption, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the Issuer, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The Issuer may at any time deliver to the Paying Agent/Registrar for cancellation any Obligations previously certified or registered and delivered which the Issuer may have acquired in any mariner whatsoever, and all Obligations so delivered shall be promptly 81094549.3 18 -398- i i 1 canceled by the Paying Agent/Registrar. All canceled Obligations held by the Paying iAgent/Registrar shall be destroyed as directed by the Issuer. SECTION 17: Mutilated Destroyed, Lost and Stolen Obligations. If(1)any mutilated Obligation is surrendered to the Paying Agent/Registrar, or the Issuer and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Obligation, and (2)there is delivered to the Issuer and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless,then, in the absence of notice to the Issuer or the Paying Agent/Registrar that such Obligation has been acquired by a bona fide purchaser,the Issuer shall execute and,upon its request,the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Obligation, a new Obligation of the same Stated Maturity and interest rate and of like tenor and principal amount,bearing a number not contemporaneously outstanding. In case any such mutilated,destroyed, lost, or stolen Obligation has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Obligation, pay such Obligation. Upon the issuance of any new Obligation or payment in lieu thereof under this Section, the Issuer may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses and charges (including attorney's fees and the fees and expenses of the Paying Agent/Registrar)connected therewith, Every new Obligation issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Obligation shall constitute a replacement of the prior obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Obligation shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Obligations. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Obligations. SECTION IS: Sale; of Obligations -- Authorization of Purchase Contract. The Obligations authorized by this Ordinance are hereby sold to Texas (the Purchasers, having all the rights, benefits, and obligations of a Holder), in accordance with the provisions of a Purchase and Investment Letter dated 2011 (the Purchase Contract) attached hereto as Exhibit C and mi corporated herein by reference as a part of this Ordinance for all purposes. The Initial Obligation shall be registered in the name of The pricing and terms of the sale of the Obligations are hereby found and determined to be the most advantageous reasonably obtainable by the Issuer. Each Authorized Official is hereby authorized and directed to execute the Purchase Contract for and on behalf of the Issuer and as the act and deed of the Governing Body, and in regard to the approval and execution of the Purchase Contract, the Governing Body hereby finds, determines and declares that the representations, warranties, and agreements of the Issuer contained in the Purchase Contract are true and,correct in all material respects and shall be honored and performed by the Issuer. 81044549.3 19 -399- i Delivery of the Obligations to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance,upon payment therefor in accordance with the terms of the Purchase Contract. Proceeds from the sale of the Obligations shall be applied as follows. (1) Accrued interest(in the amount of$ ), received from the Purchasers shall be deposited into the Obligation Fund. (2) The balance of the proceeds derived from the sale of the Obligations(after paying costs of issuance) shall be deposited into the special acquisition, and/or construction account or accounts created for the projects to be constructed with the j proceeds of the Obligations. This special construction account shall be established and maintained at the Depository and shall be invested in accordance with the provisions of Section 10 of this Ordinance. Interest earned on the proceeds of the Obligations pending completion of construction of the projects financed with such proceeds shall be accounted for,maintained, deposited, and expended as permitted by the provisions of Chapter 1201, as amended, Texas Government Code, or as required by any other applicable law. Thereafter, such amounts shall be expended in accordance with Section 12 of this Ordinance. SECTION 19: Covenants to Maintain Tax-Exempt Status. A. Definitions. When used in this Section, the following terms have the following meanings: Code means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. Computation Date has the meaning set forth in Section 1.148-1(b) of the Regulations. Gross Proceeds means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Obligations. Investment has the meaning set forth in Section 1.148-1(b)of the Regulations. Nonpurpose Investment means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Obligations are invested and which is not acquired to carry out the governmental purposes of the Obligations. Rebate Amount has the meaning set forth in Section 1.148-1(b) of the Regulations. Regulations means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Obligations. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final 81044549.3 20 -400- i j Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. Yield of 1 (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations; and i (2) the Obligations has the meaning set forth in Section 1.148-4 of the Regulations. B. Not to Cause Interest to Become Taxable. The Issuer shall not use,permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Obligations to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the Issuer receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Obligation, the Issuer shall comply with each of the specific covenants in this Section. C. No Private Use or Private Payments. Except to the extent that it will not cause the Obligations to become "private activity bonds" within the meaning of section 141 of the Cade and the Regulations and rulings thereunder, the Issuer shall at all times prior to the last Stated Maturity of Obligations: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds of the Obligations, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity(including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Obligations or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the Issuer or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. D. No Private Loan. Except to the extent that it will not cause the Obligations to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the Issuer shall not use Gross Proceeds of the Obligations to make or finance loans to any person or entity other than a state or local government, For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a $1044549.3 21 -401— i I i 3 person or entity if: (i)property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (ii)capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (iii)indirect benefits, or burdens and benefits of ownership,of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. E. Not to Invest at Higher Yield. Except to the extent that it will cause the Obligations to become "arbitrage bonds" within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the Issuer shall not at any time prior to the final Stated Maturity of the Obligations directly or indirectly invest Gross Proceeds in any Investment,if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of,materially exceeds the Yield of the Obligations. F. Not Federally Guaranteed. Except to the extent permitted by section 149(b)of the Code and the Regulations and rulings thereunder, the Issuer shall not take or omit to take any action which would cause the Obligations to be federally guaranteed within the meaning of section 149(b)of the Code and the Regulations and rulings thereunder. G. Information Report. The Issuer shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The Issuer shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Obligation is discharged. However, to the extent permitted by law, the Issuer may commingle Gross Proceeds of the Obligations with other money of the Issuer, provided that the Issuer separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the Issuer shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The Issuer shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Obligations until six years after the final Computation Date. (3) As additional consideration for the purchase of the Obligations by the Purchasers and the loan of the,money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the Issuer shall pay to the United States out of the Obligation Fund or its general fund, as permitted by 81044549.3 22 -402- i applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Obligations equals (i) in the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii)in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by section 148(1)of the Code and the Regulations and rulings thereunder. (4) The Issuer shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and(3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (18 0) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to j it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. I. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder,the Issuer shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Obligations, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Obligations not been relevant to either parry. J. Obligations Not Hedge Bonds. (1) The Issuer reasonably expects to spend at least 85% of the spendable proceeds of the Obligations within three years after such Obligations are issued. (2) Not more than 50% of the proceeds-of the Obligations will be invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. K. Elections. The Issuer hereby directs and authorizes the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, City Secretary, or City Attorney,.either or any combination of the foregoing, to make such elections in the Certificate as to Tax Exemption or similar or other appropriate certificate, form, or document permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Obligations. Such elections shall be deemed to be made on the Closing Date. SECTION 20: Control and Custody of Obligations. The Mayor shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the 81144549.3 23 -403- i i Obligations pending their approval by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery of the Obligations to the Purchasers. Furthermore, the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, City Secretary, or City Attorney, either or all, are hereby authorized and directed to furnish and execute such documents relating to the Issuer and its financial affairs as may be necessary for the issuance of the Obligations, the approval of the Attorney General of the State of Texas and their registration by the Comptroller of Public Accounts of the State of Texas and, together with the Issuer's financial advisors, Bond Counsel, and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Obligations to the Purchasers and the initial exchange thereof for definitive.Obligations. SECTION 21: Satisfaction of Obligation of Issuer. If the Issuer shall pay or cause to be paid, or there shah otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Obligations, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the Issuer to the Holders shall thereupon cease,terminate, and be discharged and satisfied. Obligations, or any principal amount(s)thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when(i)money sufficient to pay in full such Obligations or the principal amount(s) thereof at Stated Maturity, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii)Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Obligations, or the principal amount(s) thereof, at the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. The Issuer covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the Obligations to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 19 hereof). Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Obligations, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the Issuer or deposited as directed by the Issuer. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Obligations and remaining unclaimed for a period of three (3)years after the.Stated Maturity or applicable redemption date of the Obligations such money was deposited and is held in trust to pay shall upon the request of the Issuer be remitted to the Issuer against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. 81044549.3 24 —404— i Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem defeased Obligations that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, provided that: (1) in the proceedings providing for such defeasance,the Issuer expressly reserves {i the right to call the defeased Obligations for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Obligations immediately following the defeasance; (3) directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the.conditions of(i) or (ii) above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Obligations, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Obligations. SECTION 22: Printed Opinion. The Purchasers' obligation to accept delivery of the Obligations is subject to its being furnished a final opinion of Fulbright&Jaworski L.L.P., as Bond Counsel, approving certain legal matters as to the Obligations, said opinion to be dated and delivered as of the date of initial delivery and payment for such Obligations. Printing of a true and correct copy of this opinion on the reverse side of each of the Obligations, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the Issuer is hereby approved and authorized. SECTION 23: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Obligations. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Obligations shall be of no significance or effect as regards the legality thereof, and neither the Issuer nor attorneys approving said Obligations as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Obligations. SECTION 24: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 25: Ordinance a Contract; Amendments =Outstanding Oblifzations. The Issuer acknowledges that the covenants and obligations of the Issuer herein contained are a material inducement to the purchase of the Obligations. This Ordinance shall constitute a.contract with the Holders from time to time, shall be binding on the Issuer and its successors and assigns, and shall not be amended or repealed by the Issuer so long as any Obligation remains Outstanding except as permitted in this Section. The Issuer may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the Issuer may, with the written consent of Holders holding a majority in aggregate principal amount of the Obligations then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided, however that, without the consent of all Holders of Outstanding Obligations, no such amendment, addition, or rescission shall (1)extend the time or times of payment of the principal of, and interest on the Obligations,reduce the principal amount thereof;the redemption price therefor, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, or interest on the Obligations, (2) give any preference to any Obligation over any other Obligation, or (3)reduce the aggregate principal amount of Obligations required for consent to any such amendment, addition,or rescission. 8I 44549.3 25 -405- 71 f 3 SECTION 26: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the Issuer, Bond Counsel, { Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable,under or by reason of this Ordinance or any provision hereof,this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the Issuer, Bond Counsel, the 1 Paying Agent/Registrar, and the Holders. SECTION 27: Inconsistent Provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 28: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 29: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 30: Severability. If any provision.of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 31: Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 32: Authorization of Paying Agent/Registrar Agreement. The Governing Body of the Issuer hereby finds and determines that it is in the best interest of the Issuer to authorize the execution of a Paying Agent/Registrar Agreement concerning the payment, exchange, and transferability of the Obligations. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit B and is incorporated by reference to the provisions of this Ordinance. SECTION 33: Public Meet. It is officially found, determined, and declared that the meeting at which this Ordinance is finally adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 34: Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner 81044544.3 26 —406— i i and at such time or times as in the judgment of the Issuer or of the Paying Agent/Registrar shall most effectively approximate such required publication and the giving of such notice in such j manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. SECTION 35: No Recourse Against Issuer Officials. No recourse shall be had for the Payment of principal of, premium, if any, or interest on any Obligation or for any claim based thereon or on this Ordinance against any official of the Issuer or any person executing any Obligation. SECTION 36: Continuing Disclosure Undertaking. A. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: Rule means SEC Rule 15c2-12, as amended from time to time. SEC means the United States Securities and Exchange Commission. The Obligations are being sold pursuant to a private placement with the Purchasers, in denominations of generally$100,000 or any integral multiple of$5,000 in excess thereof, to less than thirty-five sophisticated investors, and therefore the Rule is not applicable to the offering of the Obligations. Accordingly, no contract to provide continuing disclosure information after the issuance of the Obligations has been made by the Issuer with investors. SECTION 37: Book-Entry Only System. It is intended that the Obligations initially be registered so as to participate in a securities depository system(the DTC System)with the Depository Trust Company,New York,New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Obligations shall be issued(following cancellation of the Initial Obligations described in Section 7) in the form of a separate single definitive Obligation. Upon issuance, the ownership of each such Obligation shall be registered in the name of Cede&Co., as the nominee of DTC, and all of the Outstanding Obligations shall be registered in the name of Cede & Co., as the nominee of DTC. The Issuer and the Paying Agent/Registrar are authorized to execute,deliver, and take the actions sett forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit D (the Representation Letter). With respect to the Obligations registered in the name of Cede & Co., as nominee of DTC, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation to any broker-deaIer, bank, or other financial institution for which DTC holds the Obligations from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Obligations (an Indirect Participant). Without limiting the immediately preceding sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i)the accuracy of the records of DTC, S 1044549.3 27 -407- Cede & Co., or any Depository Participant with respect to any ownership interest in the Obligations, (ii)the delivery to any Depository Participant or any other person; other than a registered owner of the Obligations, as shown on the Security Register, of any notice with respect to the Obligations, including any notice of redemption, or (iii)the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of an Obligation, of any amount with respect to principal of, premium, if any, or interest on the Obligations. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive an Obligation evidencing the obligation of the Issuer to make payments of principal, premium, if any, and interest pursuant to this Ordinance. Upon a delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word "Cede&Co."in this Ordinance shall refer to such new nominee of DTC. In the event that (a)the Issuer determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b)the Representation Letter shall be terminated for any reason, or (c) DTC or the Issuer determines that it is in the best . interest of the beneficial owners of the Obligations that they be able to obtain certificated Obligations, the Issuer shall notify the Paying Agent/Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Obligations shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the Issuer may determine that the Obligations shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the Issuer, or such depository's agent or designee, and if the Issuer and the Paying Agent/Registrar do not select such alternate securities depository system then the Obligations may be registered in whatever name or names the Holders of Obligations transferring or exchanging the Obligations shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any . Obligation is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Obligation and all notices with respect to such Obligation shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 38: Further Procedures. The officers and employees of the Issuer are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the Issuer all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance,the initial sale and delivery of the Obligations, the Paying Agent/Registrar Agreement, and the Purchase Contract. In addition, prior to the initial delivery of the Obligations, the Mayor, City Manager, or the City Secretary and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the 81044549.3 28 -408- i i i i approval of the Obligations by the Texas Attorney General's office. In case any officer of the j Issuer whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. i SECTION 39. Effective Date. Pursuant to the provisions of Section 1201.028, as j amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the Issuer's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances. I [The remainder of this page is intentionally left blank.] I i 81044549.3 29 -409- 'i PASSED,APPROVED AND ADOPTED on the day of., ,201 . CITY OF CORPUS CHRISTI,TEXAS Mayor ATTEST: i City Secretary (CITY SEAL) i APPROVED THIS DAY OF Carlos Valdez, City Attorney Schedule I—Approval Certificate Exhibit A—Personal Property Exhibit B -T'aying Agent/Registrar Agreement Exhibit C -Purchase Contract Exhibit D—DTC Letter of Representations 81044549.3 S-1 —410— i THE STATE OF TEXAS )( COUNTY OF NUECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the j above and foregoing is a true, full and correct copy of an Ordinance passed by the Governing Body of the City of Corpus Christi, Texas (and of the minutes pertaining thereto)on the day of , 201 ., authorizing the issuance of the City's Public Property Finance Contractual Obligations, Series 2011, which ordinance is duly of record in the minutes of said Governing Body, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the day of November, 2011. i City Secretary (CITY SEAL) 91044549.3 S_2 —411— d f I SCHEDULE I Approval Certificate See Tab No. I i 91044549.3 Schedule 1-1 —412— EXHIBIT A f Energy Efficiency Conservation Retrofit (Personal Property Improvements) i i i $1044549.3 A-1 —413— 1 !� EXHIBIT B Paying Agent/Registrar Agreement See Tab No. I 81044549.3 B-1 -414- i } EXHIBIT C Purchase Contract ] See Tab No. i i 81044549.3 C-1 -415- i d i EXHIBIT D DTC Letter of Representations See Tab No. E 1 I I r i 81044549.3 D-1 —416— ! Ordinance appropriating $60,000 from the Unreserved Fund Balance in the No. 2010 Debt Service Fund for the Fiscal Year 2011-2012 debt j payment related to the Public Property Finance Contractual Obligations; and changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029156 to increase appropriations by $60,000; 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 Unreserved Fund Balance in the No. 1020 Debt Service Fund for the Fiscal Year 2019-2012 debt payment related to the Public Property Finance Contractual Obligations. Section 2. That the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 is changed to increase appropriations by $60,000. Section 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 201-1. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Legal form appy ved . 62t* , ( (_, 2011 By: .--aria Lisa Aguilar, As i ant City Attorney for City Attorney —417— T 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 —418— I i fi 1 3 I 24 i S i rot/ AGENDA MEMORANDUM x for the City Council Meeting of: j Presentation: January 10, 2012 Action: January 17, 2012 I i DATE: January 17, 2012 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services PeteAn cctexas.com 826-3781 Award of an Energy Efficiency Retrofit Contract to McKinstry Essention, Inc. for major City Facilities. CAPTION: a. Ordinance amending the FY 2012 Capital Improvement Budget,adopted by Ordinance No. 029135 adding Project #E11102 Energy Efficiency Conservation Retrofit for Major City Facilities; increasing revenues and expenditures in the amount of $7,300,000.00; and declaring an emergency. b. Motion authorizing the City Manager, or designee, to execute a Fixed Price Energy Performance Contract (Design/Build) with McKinstry Essention, Inc.. of Dallas, Texas, for Energy Efficiency Conservation Retrofit for Major City Facilities in an amount not to exceed $6,950,000.00 (Project No_ E11102). BACKGROUND AND FINDINGS: The City is required to conduct energy audits and retrofits of selected Municipal Buildings and Selected Facilities and Infrastructure as part of the $2,700,000.00 grant received from the Energy Efficiency and Conservation Block Grant Program. McKinstry was selected to undertake an audit of City facilities based on the Request for Proposals released in November 2010 (RFP 2010-06). Council was given a presentation on April 19, 2011 regarding the contract with McKinstry to proceed with a-technical audit of City facilities, and the future Energy Performance Contract to retrofit major City facilities. That contract was a no-cost contract subject to the City entering the Energy Performance contract for facilities when the cost of the retrofit could be paid for with the realized energy savings. The facilities audited were: • City Hail; • Health Department; • Municipal Court 1 Police; • Museum of Science& History; • Central Library; • American Bank Center Complex (Arena, Convention Center&Selena Auditorium); • Airport Complex; and • Street Lighting (limited scope). The Energy Performance Contract represents a fixed price Design/Build contract. McKinstry Essention is acting as the design engineer and contractor. They solicited proposals from sub- contractors for the electrical, mechanical, controls and other retrofits. McKinstry is functioning —421— Ali 3 i as the general contractor. They will supply the insurance certificates, payment and performance bond required for all construction projects. The detailed technical audit for the overall project revealed that significant energy savings could be achieved with a ten year payback of the retrofit costs. The savings were analyzed in terms 1 of energy savings, and other operational maintenance reductions. As an example, high efficiency electrical hand dryers will increase electrical cost, but are more than offset from savings in the purchase of paper towels. The range of savings items include: • High efficiency hand dryers • Lighting improvements; • Computer power management; • Vending machine power management; • HVAC equipment and controls; and • Replacement of chillers and cooling towers with high electrical/O&M costs. The list includes equipment that is at the end of its service life that will require replacement in the immediate future. Work being done in the Municipal Court I Police Department Building requires 19.5 years to achieve payback through the energy and operational savings. The ' project will replace 26 air handling units, 125 variable air boxes (UAVs), install an energy management system, and install variable frequency drives (VFDs) on fans and pumps. The equipment being replaced is deteriorated, and is on the verge of failure. The equipment will require replacement in the next three to four years to allow continued occupancy of the building. q Including the Municipal Courts / Police Building in the project defrays the cost financed through overall energy savings. The total simple payback for the total project including Municipal Court 1 Police is 8.8 years. The facility improvements have an useful economic life of 20 years. After review, it was not elected to proceed with Street Lighting improvements. Street lighting was eliminated from consideration after AEP stated that they wished to retain ownership of streetlights. The successful negotiation of the fair value of the existing street light system was deemed unlikely with an unwilling seller. Findings also revealed that all but a few fixtures had been converted to efficient high pressure sodium fixtures. New lighting technologies (i.e. LED) are under evaluation by AEP, but are not yet cost competitive when evaluated on an equal illumination basis (lumens on street). ALTERNATIVES: The City may: • not proceed with an Energy Performance Service contract with McKinstry, and pay the technical audit cost of$125,000. • Manage the .energy efficiency program with City resources.. That will require selection of a professional engineering firm to develop plans, specifications, bid and contract documents. OTHER CONSIDERATIONS: The savings will be guaranteed by McKinstry as park of the Performance Contract. A performance audit will be conducted annually to verify the annual energy savings. McKinstry will pay the cost difference if projected savings are not realized based on Kwh usage. A total energy and operational savings of$782,722.00 annually is projected. CONFORMITY TO CITY POLICY: Conform to the Local Government Code and City Policy. EMERGENCY I NON-EMERGENCY: Non-Emergency. One vote is required to approve the motion. —422— DEPARTMENTALCLEARANCES: Affected Departments participated in the audit process, development of the project scopes, and concur with proceeding with the award. FINANCIAL IMPACT: i ❑ Not Applicable ❑ Operating Expense Q Revenue X CIP Project to Date Exp. Current Future Fiscal Year: 2011-2012 CIP Ont Year Years TOTALS Budget 7,36-0,000 7,300,000 Encumbered/Expended amount as of July 31, 2011 This item 6,950,000 6,950,000 BALANCE 350,000 0 350,000 FUND(S): Public Property Finance Contractual Obligations Comments: Contract award is subject to Council approval of Public Property Finance Contractual Obligations presented by the Interim Director of Finance. RECOMMENDATION: Approval of Motion as presented.. LIST OF SUPPORTING DOCUMENTS: Exhibit A: Facility Improvement Measures Exhibit B.: Project Budget Exhibit C: Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager -423- Facility Improvement Measure (FIM) Summary City of Corpus Christi, TX ESPC Final January 17, 2012 Pathic, Improvem=ent iv�easures AIR -09.01 Lighting Improvements FIM De>crip•.ioe Upgrade the existing Interior and exterior lighting systems with new more efficient lighting technologies including controls where applicable. Eu ildinc AIR - Airport Sud^,et ' $293,504 Annudl Unity Savags $42,397 Arnual D;:erarional 5a elegy , .. *2,427 cimp''s Pa, liaci (SP51 6.5 Futental Incenti»s " ", $7,775 Faun -G ua ra nteod 1"det Custot-er Cost (:ntr. 'ocentivee) $285,729 Nor Guaranteed Slmp.e Pa.Lack (SPS) (vtl111 1-c,,ntivesi 6.4 AIR -16.01 Computer Power Management Install and program a software solution on (56) personal computers within this facility which will reduce energy consumption during periods of inactivity. AIR - Airport - $1,345 $587 $0 2.3 $0 $1,345 2.3 AIR -26.01 High Efficiency Hand Dryers Install (14) new high efficiency hand dryers in select high traffic restrooms to replace existing paper towel dispensers in an effort to reduce operational and material costs. AIR - Airport $67,237 ($151) $9,600 7.1 $0 $67,237 - - 7.1 Air -Airport (Total): $362,086 $42,832 $12,027 6.6 57,775 5354,313 - 6.5 AME -04.01 HVAC Controls Improvements (Selena Auditorium) Install a new energy management control system to optimize the performancemer performance of the equipment serving the Selena Auditorium. Includes VFDs on AHU Fans and demand controlled ventilation technology. AME - A) n Bank Center $135,389 $26,884 $0 5.0 $0 $135,389 5.0 AME -09.01 Lighting Improvements (Arena) Upgrade the existing Interior and exterior lighting systems with new more efficient lighting technologles including controls where aoolirable. AME - American Bank Center $191,840 $35,100 $4,077 4.8 $7,163 $184,677 - 4.6 AME -09.01 Lighting Improvements (Convention Center) Upgrade the existing Interior and exterior lighting systems with new mare efficient lighting technologies including controls where applicable AME - American Bank Center $494,906 ' $87,660 $5,172 5.3 $21,388 $473,518 5.1 AME -09.01 fighting Improvements (Selena ,4 , s „ u Upgrade the existing interior and exterior lighting systems with new more efficient lighting technologies including controls wh -re aoolicabl-. AME - American Bank Center $25.126 $7,798 - $304 3.1 $1,250 $23,876 2.9 AME -16.01 Computer Power Management Install and program a software solution on (62) computers within this facility which will reduce energy consumption durina aeriods of Inactivity. AME - American Bank Center $1,489 $650 1 $0 2.3 $0 $1,489 2.3 AME -16.02 Vending Power Management Install energy saving devices on (6) cold drink and (2) non- refrigerated snack machines to reduce equipment operation during unoconaiad periods. AME -American Bank Center $3,138 $712 $0 4.4 50 $3,138 4.4 AME -25.01 Retro- Commissioning (Convention Center & Arena) Provide retro -commissioning of the equipment located at the Convention Center & Arena in an effort to Improve the overall energy performance of the facility. The existing HVAC control systems will also be enhanced and Integrated onto the new City-wide user graphical interface system. AME - American Bank Center $378,436 $36,569 $0 10.3 $0 $378,436 10.3 AME - American Bank Center (Total): $1,230,324 5196,373 $9,553 6.0 529,801 $1,200,523 5.8 CEN -04.01 HVAC Controls Improvements Install a new energy management control system to optimize the performance of the equipment serving this facility. Includes VFDs on AHU Fans and demand controlled ventilation technology on select AHUS. CEN - Centra! Library$0 $277,802 ;26,833 $0 10.4 $277,80.2 10.4 CEN -09.01 Lighting Improvements Upgrade the existing Interior and exterior lighting systems with new more efficient lighting technologies including controls where applicable. CEN -Central Library $145,865 $20,520 - $2,317. 6.4 $6,075 5139,790 6.1 CEN -16.01 Computer Power Management Install and program a software solution an (90) computers within this facility which will reduce energy consumption during periods of inastlsJty. CEN _ Central Library $2,161 - $1,940 $0 1.1 *0 - $2,161 1.1 CEN -16.02 Vending Power Management Install energy saving devices on (2) cold drink and (1) non- refrigerated snack machines to reduce equipment operation during unoccupied oerigds. CEN -Centra! Li- brary $1,141 $287 *0 4.0 50 $1,141 - 4.0 CEN -Central library (Total): - $426,969 549,579 $2,317 8.2 $6,075 $420,894 8.1 - CIT -02.01 Primary & Cooling Tower Improvements Chillers - Install (2) new electrical 200 -Ton water-cooled chillers in place of the existing aged absorption chillers which have reached the end of their useful Ilfe. This measure also Includes the Installation Of a new mare efficient cooling tower and backup diesel generator with a 24 hour fuel tank. CIT - City Hall $1,418,603 ($6,956) $155,000 9.6 50 $1,418,603 9.6 Exhibit A Page 14E2 CIT-02.02 IT Chiller Improvements Replace the existing IT area electric chiller with a new more efficient 40-Tan water-cooled electric chiller. Excludes the installation of new AHUs in the served area. CIT - City Hall $109,693 $3,659 $3,900 14.5 $0 $109,693 14.5 CIT-04.01 HVAC Controls Improvements This measure involves the installation of VFDs and Demand Controlled Ventilation technology on the (4) dedicated outside air-handllna units. CIT - Clty Hall $113,822 $16,606 $0 6.9 $0 $113,822 6.9 CTI-09.01 lightingUpgrade improvements `rantrols_where the existing interior and exterior Ilghtlng systems with new more efficient lighting technologies Including applicable. CIT- City Hall $426,270 $59,463 $4,443 6.7 914,900 $411,370 6.4 CI'f-16.01 Computer Power Management Install and program a software solution on (1,057) computers within this facility which will reduce energy consumption durina periods of inactivity. CIT - City Hall $25,382 $11,087 $0 2.3 90 $25,382 2.3 CIF-16.02 Vending Power Management Install energy saving devices an (6) cold drink and (2) non - refrigerated snack machines to reduce equipment operation during unorrupied aedods. CQT - Clty Hall $3,994 91,255 $0 3.2 60 93,994 3.2 CIT-26.01 High Efficiency Hand Dryers Install (14) new-high efficiency hand dryers In select high traffic restrooms to replace existing paper.towel dispensers in an effort toreduce operational and material costs. CIT - City Hall 967,237 ($172) #9,600 _ 7.1 $0 $67,237 7.1 CTT -City Hall (Total): $2,165,001 $84,962 5172,943 8.4 $14,900 $2,150,101 - 8.3 HEA-09.01 Lighting Improvements the existing Interior and exterior lighting systems with new more efficient lighting technologies Including co. roil where applicable. HEA -Health Department $177,653 $21,168 $1,573 7.8 $7,838 $169,815 7.5 HER-16.01 Computer p Power Management Install and program a Software solution an (204) computers within this fadiity which will reduce uce energy consumption durino aerlods of Inactivity. HEP -Health Department $4,899 $ 2,049 $0 2.4 $0 $4,899 2:4 HEA-16.02 Vending Power Management Install energy saving devices on (3) cold drink and (2) non- refrigerated snack machines to reduce equipment operation durina unaccuoled periods. HFA - Health OePartment $1,853 $492 $0 3.8 $0 $1,853 3.8 HEA-25.01 Comm35sloning Commissioning of the newly Installed energy management control system and HVAC eauloment. HEA - Health Department $I06,134 $15,090 $0 7.0 $0 $106,134 - 7.0 MUN-04.01 HVAC Equipment & Controls Improvements HEA - Health Department (Total): $290,539 $38,798 $1,573 7.2 $7,838 $282,701 7.0 Replace approximately (26) air-handling units, (125) VAV boxes and install a new energy management control system to optimize the performance of the equipment serving this facility. Includes VFDs an Fans and Pumps and demand controlled ventilation technology on select AHUs. MUN - Municipal Courts and Ponce $1,779,545 $31,965 $16,624 36.6 $0 $1,779,545 36.6 MUN-09.01 Lighting Improvements the existing Interior and exterior lighting systems with new more efficient lighting technologies induding controls_vhere auplicable. Install MUN -Municipal Courts and Police $260,918 $43,652 63,570 5.5 $9,688 $251,230 5.3 MUN-I6.01 Computer Power Management and programa software solution on (920) computers within this facility which will reduce energy consumption durina periods of Inactivity. MUN (Municipal Courts and Police (Total): MUN - Municipal Courts and Polire $22.090 $2,062,553 $9,241 $84,858 $0 520,194 2.4 19.6 $0 59,688 $22,090 2.4 $2,052,865 19.5 'MUS-04.01 HVAC Controls Improvement, Integrate the existing HVAC controls systems onto the new city-wide graphical user Interface. Install new variable frequency drives and demand controlled ventilation technology on the air-handling equipment. Provide retro- commissioning of the existing equipment to Improve the overall energy performance of the facility. Upgrade the existing interior and exterior lighting systems with new more efficient lighting technologies including controls whereaaoiirable Install and program a software solution on (20) computers within this facility which will reduce energy consumption - dUrirta periods of Inactivity. M115 - Museum of Sdence and History (Total): MUS -Museum of Sdence and History 6132,182 $36,883 $p 3.6 90 9132,182 3.6 MUS-09.01 Lighting Improvements MUS-16.01 Computer Power Management MUS - Museum of Science and History NUS - Museum of Sdence and History $279,866 6480 5412,528 924,864 6200 $61,946 $4,788 $D 54,786 9.4 2.4 6.2 $12,638 $D $12,638 $257,228 9.0 9480 $399,890 - 2.4 6.0 _ Since design cost, audit cost, etc. are distributed among the FIMs, the total prefect cost Totals will not oo un or down $6,950,000 h., oY..+w 0.....„„,,.......h.,...._ $559,349 $223,395 �__ ,. - ,,... -_ .-.._ 8.9 1 _ __ • $88,715 $6,861,285 8.8 x* For non recurring operational savings, the values are averaged over the 10 year length of this analysis. 'w*• Incentives are contingent on final approval and are not guaranteed. Funds are shown for reference only. • Exhibit A Page 2 of 2 PROJECT BUDGET 1 FIXED PRICE ENERGY PERFORMANCE CONTRACT(DESIGN/BUILD) 1 Project No. E11102 October 18 2011 FUNDS AVAILABLE: Public Property Finance Contractual Obligations 7,300,000.00 7,300,000.00 FUNDS REQUIRED: Construction (McKinstry).................................................................... 6,950,000.00 Contingencies (4.1%)..................................................... .......... 287,000,00 Consultant Fees: Consultant(MCKlnstry) Basic svcs s365,000.00-5.5%................................................ Part of Construction Construction Management/Inspection (McKinstry)......................................... Part of construction Materials Inspection &Testing (Electrical Commissioning)........................................ Part of Construction - Reimbursements: Administrative Reimbursements............................................................ 18,000.00 Engineering Reimbursements................................................................. 45,000.00 Misc. (Printing, Advertising, etc.)............................................................ - Total.................................................:............................................... 7,300,0 00.00 Variance - Exhibit B —426— Page I of I \Mproject\counci)exhibits,exhEl l 102C.dwg 1 I N I PROJECT SITE MUSEUM OF ods RIVER �cp SCIENCE & HISTORY 1 9V'[1BCBS BAY PROJECTWE �Eop a SELENA AUDITORIUM eR °` PROJECT SITE a AMERICAN BANK CONVENTION CENTER v IH37 W PROJECT SITE EOPAR AMERICAN BANK CENTER ARENA AGMES MWY 44 AGNES R Q M PROJECT SITE w a CC1A g Q POLfCE/MUNICfPAL COURTS CORP'i15 o BEAR �5� PROJECT SITE �4 P PROJECT SITE �BA AIRPORT COMPLEX �� CENTRAL LIBRARY ° Q o PROJECT SITE PROJECT SITE q qR CITY HALL HEALTH DEPARTMENT F.M. 43df� a kv , OS�gaY. NAS „ o N 4 LAGN. � q °S .7►tADRE EM 2444 rcRkrpPah CFNDclI oso pk v WHITECAP SEA PINES �O Q 4F 2� LOCATION MAP NOT TO SCALE PROJECT 901102 ENERGY EFFICIENCEY RETROFIT CONTRACT CITY COUNCIL EXHIBIT RISTI AME ORNGNEVETO MCKNSTRY ESSENTION, INC D IT FIERm'SRCS FOR MAJOR CITY FACILITIES PAGE: 1 of I -427- �.... 1 Page 1 of 2 Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 adding Project #E11102 Energy Efficiency Conservation Retrofit for Major City Facilities; increasing revenues and expenditures in the amount of $7,300,000.00; and declaring an emergency. Be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. The FY 2011-2012 Capital Budget adopted by Ordinance 029135 is amended to add Project #E11102 Energy Efficiency Conservation Retrofit for Major City Facilities. j Section 2. The FY 2011-2012 Capital Budget adopted by Ordinance 029135 is amended to increase revenues and expenditures in the amount of$7,300,000.04. Section 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the day of January, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROV D as to form: By: Veronica Ocanas Assistant City Attorney For City Attorney 011712 ORD-Change FY11-12 CapitafBudget(2e) —429— i Page 2 of 2 Corpus Christi, Texas I Day of , 2012 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 011712 ORD-Change FY11-12 Capital86-dget(2e) —431— d I 25 i CEJ O a�oAA AGENDA MEMORANDUM x852 for the City Council Meeting of January 17, 2012 DATE: 11/1/2011 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 Sigifredo Montemayor (Case No. 0711-02), 2217 Flour Bluff Drive CAPTION: PUBLIC HEARING --ZONING Case No. 0711-02: Sigifredo Montemayor: The applicant is requesting a change of zoning from the "RS-6" Single-Family 6 District to the "IL" Light industrial District. The property to be rezoned is Flour Heights, Block 1, Lot 22, located along the east side of Flour Bluff Drive and approximately 320 feet north of the Purdue Road intersection. Planning Commission and Staff's Recommendation: Denial of the applicant's request to rezone from "RS-6" Single-Family 6. District to the "IL" Light Industrial District in lieu thereof approval of a "CG-2" General Commercial District with a Special Permit"SP" subject to eight (8) conditions, resulting in a change of future land use from single-family use to a commercial use with a special permit. BACKGROUND AND FINDINGS: Mr. Sigifredo Montemayor, agent for Edward & Mearary Iveth Montemayor(Property Owners), has requested the rezoning to allow for the continued use of the property as a metal roofing construction business with an outside storage yard for vehicles, equipment and associated building materials. The applicant has operated this business at this location for approximately ten (10) years. Applicant is in agreement with the recommendation by Development Services staff and Planning Commission though different from his original request and agrees to comply with the eight (8) conditions prescribed by the special permit. ALTERNATIVES: 1. The City Council may grant the original applicant's request for a change in zoning from the "RS-6" Single Family 6 District to the"IL" Light Industrial District. 2. Denial of the request to modify or change the current zoning "RS-6" Single Family District. K%LEGALISHAREOILEGAL-DEV.SVCS12011 AGENOAISIGIFRE00 MONTEMAYOR111.28-=4 B&2 SIGIFREDO MONTEMAYOR,AGENDA MEMO,BY WV.Docx 1 i City Council Executive Summary Memorandum Sigifredo Montemayor(Case No. 0711-02) Page 2 OTHER CONSIDERATIONS: NIA CONFORMITY TO CITY POLICY: The proposed change in zoning is not consistent with the Comprehensive Plan and the Flour Bluff ADP but in recent years there has been a push by property owners'for commercial redevelopment in this area. This fact along with the ever increasing volume of traffic along Flour Bluff Drive staff supports a modified zoning request for a "CG-2" General Commercial District with the (8) conditions established by a special permit"SP". EMERGENCY I NON-EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: NIA FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2011-2012 (CIP onl Current Year Future Years TOTALS - Line Item Budget Encumbered/ Expended Amount This item BALANCE Fund(s): RECOMMENDATION: On September 14, 2011, the Planning Commission and Staff recommended denial of the change of zoning from "RS-6" Single Family 6 to the "IL" Light Industrial District in lieu thereof approval of the "CG-2" General Commercial District subject to the following (8) conditions. 1). Uses: All uses allowed in the "CG-2" General Commercial District, plus the addition of a storage warehouse and limited outdoor storage. 2.) Landscaping: Landscaping must be provided in accordance with Article 7.3 of the UDC Landscaping as if new construction in the "CG-2" General Commercial District. 3.) Screening: Construction of a solid screening fence along the north, east and south property lines. In addition the existing solid screening fence and gate combination must be maintained along the Flour Bluff Drive right-of-way exposure. 4.) Lighting: Any and all outdoor lighting shall be shielded and directed away from adjacent neighboring properties and the Flour Bluff Drive street right-of-way. 5.) Dumpsters: No dumpster storage permitted within the existing 20 foot street yard. 6.) Hours of Operation: Hours of operation shall be 6:00 A.M. to 9:00 P.M. Any and all deliveries must occur within this time frame. K4LEGALLSNAREDIEGAL-LIEV.5VCS%2041 AGENOAISIGIFREDO MONTEMAYOR111 28-"&fi-02 SIGIFREDO MONTEMAYOR,AGENDA MEMO,BY WV.DOcx i City Council Executive Summary Memorandum Sigifredo Montemayor(Case leo. 0711-02) Page 3 7.) Storage: All storage will be inside of a building with a provision to allow for the temporary storage of vehicles, equipment, and associated construction materials outside for a time period not to exceed (24) hours. 8.)Time Limit: Such Special permit shall be deemed to have expired within twelve 12 months of the date atE Of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. LIST OF SUPPORTING.DOCUMENTS: • Zoning Report • Ordinance (Staff& 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 ICILEGAL4SHARED4LFGAL-DEV,SVCS12011 AGENDAVSIGIFREDO MONTEMAYDR111-26-M4317If 310FREDD MONTEMAYOR,AGENDA MEMO,BY WV.DOCX ZONING REPORT Case No.: 0711-02 Planning Commission Hearing Date: July 20,2011 .� o Applicant/Agent: Sigifredo Montemayor R., Owner(s): Edward Montemayor&Mearary Iveth Montemayor �y a Legal Description/Location: Flour Heights, Block 1, Lot 22, located along the east side of AFlour Bluff Drive and approximately 320 feet north of the Purdue Road intersection. From: "RS-6" Single-Family 6 District To: "IL"Light Industrial District 'o Area: 0.74 Acre N Purpose of Request: To allow for the continued use of the property as a metal roofing construction business and yard for the outside store a of vehicles,equip ment, and materials. j Existing Zoning District Existing Land Use Future Land Use Commercial Low.Density Site "RS-6" Single-farnily 6 Business& Storage Residential au 'Q North "RS-6" Single-Family 6 Low Density Low Density Residential Residential South "RS-6" Single-Family 6 Low Density Low Density a Residential Residential Low Density Low Density W East "RS-6" Single-Family 6 Residential Residential West "CG-2"General Commercial Commercial Commercial Area Development Plan: The subject property is located in the Flour Bluff Area Development Plan (ADP) and is planned for low-density residential use. The proposed change in zoning to a 0 the "IL" Light Industrial District is not consistent with the FIour Bluff.ADP or the adopted -�i Future Land Use Map. c Map No.:. 037,031 y Zoning Violations: Code enforcement has issued a zoning violation notice for the.following: non-conforming land use and property is not zoned as commercial use and for the outside storage of construction equipment,vehicles,and building miscellaneous materials. Staffs Summary: • Requested Zoning: The purpose of the "112' Light Industrial District is to allow for the continued use of subject property as a metal roofing construction business with an outside storage yard for vehicles,equipment,and building materials. • Transportation and Circulation: The subject property fronts on Flour Bluff Drive, an arterial and major north and south traffic carrier for the Flour Bluff peninsula. Approximately a mile north of the subject property where Flour Bluff Drive intersects with South Padre Island Drive and for several hundred feet south down to Don Patricio Road, Flour Bluff Drive is under construction and is being widened to accommodate increased traffic loads into and out of the newly constructed Wal- Mart and to better serve the increased north and south bound traffic demands. Existing ROW and Planned ROW and Urban Trans. Traffic Street Paved Section Paved Section Plan Type Volume p 2007 p4 Flour Bluff 65' R.O.W.,28' paved 95' R.O.W.,64' paved Al Arterial 12388 Drive —438— i Zoning Report Case#:0711-02,Montemayor Page 2 • Relationship to Smart Growth: While continuing to utilize existing infrastructure the proposed rezoning would not have a positive implication with regards to smart growth in fact this proposed re-zoning would intrude into a well established residential neighborhood. The proposed re-zoning does not comply with current land use trends in the area or with the long range development plan. If permitted this rezoning would in fact be a classic example of spot zoning. This project does not provide any additional housing 1 opportunities or expand on the idea of a `walk-able" community based on the variety and availability of transportation choices. • Comprehensive Plan&Flour Bluff Area Development Plan Consistency: The Comprehensive PIan and the Flour Bluff Area Development Plan (ADP) slate the subject property as continued residential use. The proposed change in zoning is not consistent with the Flour Bluff ADP or the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Pian and Flour Bluff ADP encourage commercial development including where adjacent to residential properties.. This may be achieved by employing screening and landscape buffering methods which minimize and mitigate the impacts of commercial uses where adjacent to residential uses. Industrial uses are not included or considered a commercial development and in this case may negatively impact the surrounding neighborhood. A change of zoning to the "IL" Light Industrial district would not be an expansion of any adjacent industrial district and would in fact be an isolated district surrounded on three sides by a well established single-family residential neighborhood with a"CG-2"General Commercial district west of and across FIour Bluff Drive. Plat Status: The subject property is platted as FIour Heights,Block 1,Lot 22. Department Comments: • Mr. Montemayor has requested a change of zoning from the "RS-b" Single-Family District to an "IL" Light-Industrial District to allow for the continued use of his property as a metal roofing business and contractor's storage yard. Mr. Montemayor stated that he has operated his business at this location for approximately ten (10) years. However in years past, to a lesser degree with regards to business activity and on-site storage but due to the down turn in the economy Mr. Montemayor has had to increase the business activity and storage of materials at this location. He went on to explain that if unable to remain at this location and forced to relocate to a commercial or industrial site, he fears that the additional cost would result in a serious strain on the financial bottom line possibly forcing him out of business. Staff understands the difficultly in relocating a business and having to incur the additional financial burden for rent and lease space but while sympathetic to this issue, staff is of the opinion that this is the wrong place to establish and operate an industrial business. Prior to accepting an application to re-zone this property, staff strongly encouraged the applicant to reconsider pursuing this endeavor and instead relocate the operation to a properly zoned and perhaps less impactful site. + Additionally staff has reviewed a series of historical aerial photographs of this area dating from April 2004 up to the present and has discovered that the use, especially the outside storage of equipment and miscellaneous materials, has expanded significantly over the past seven years. It appears that an expansion of a metal storage building presently attached to the residential structure was done so without obtaining the proper building permits. The attachment of this commercial use to the residential use maybe in conflict with Building and Fire Codes which must be addressed prior to the issuance of a Certificate of Occupancy. -439- i Zoning Report Case*:0711-02,Montemayor Page 3 • Should the applicant be granted a change of zoning to a commercial or industrial zoning district, the Unified Development Code requires 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 for (Redevelopment). This section will also require the construction Jand placement of a solid screening fence to achieve the 15 the point participation requirement. + This rezoning request is inconsistent with the adopted Future Land Use Plan and is not in keeping with the current development of this neighborhood. An industrial use at this location could negatively impact the surrounding property owners and as a result leaves staff with no other choice than to not support and not recommend approval of this request to rezone Mr. Montemayor's property from "RS-6"District to the"IU'Light Industrial District. Planning Commission & Staff Recommendation: Denial of the change of zoning from"RS-6" Single Family 6 to the"IL"Light Industrial District in lieu j thereof approval of the"CG-2"General Commercial District with a Special Permit subject to the following(8)conditions. 1. Uses: All uses allowed in the"CG-2"General Commercial District,plus the addition of a storage warehouse and limited outdoor storage. 2. Landscaping: Landscaping must be provided in accordance with Article 7.3 of the UDC Landscaping as if new construction in the"CG-2"General Commercial District. 3. Screening: Construction of a solid screening fence along the north,east and south property lines. In addition the existing solid screening fence and gate combination must be maintained along the Flour Bluff Drive right-of-way exposure. 4. Lighting: Any and all outdoor lighting shall be shielded and directed away from adjacent neighboring properties and the Flour BIuff Drive street right-of-way. 5. Dumpsters: No dumpster storage permitted within the existing 20 foot street yard. 6. Hours of Operation: Hours of operation shall be 6:00 A.M. to 9:00 P.M. Any and all deliveries must occur within this time frame. 7. Storage: All storage will be inside of a building with a provision to allow for the temporary storage of vehicles, equipment,and associated construction materials outside for a time period not to exceed(24)hours. 8. Time Limit: Such Special permit shall be deemed to have expired within twelve(12) months of the date of this ordinance, unless the property is being.used as outlined in Condition #1 and in com fiance with all other conditions. b Number of Notices Mailed Total— 15 within 200' notification area;2 outside notification area "0 'QJ Favor — 1 (inside notification area); 0(outside notification area) 0Opposition — 1 (inside notification area); 0(outside notification area) 914 �d For 12.68%As of July 20,2011 Attachments: I. Site—Existing Zoning,Notice Area,&Ownership 2. Site—Future Land Use K:ILEGALISHAREOILEGAL-OEv.3VGS%2011 AGENIMSIGIFREOO MONTEMAY*4-,03.2012,0711-02 MONTEMAYOR SRS TO IL),ZONING REPORT,$YVVV.00C i ' DR AC VAC S COM L R Ji ULLDF456 D ! MR �C VAC C UA VAC VA �REau rase ustr ca VAC �pR 18 14 [ LDR20 COM f�T 4O� qC ZR JE f 2YSH�}REL'�INE OAKS 9Gra'�.g,Q pDO�� �� LDR 13 �2Z aUB-6IVIkO.N� coM3R<`iyti� rR ER 3 iA �� ora 8AFAS AORES { 016A RA LDR 12 LDR TSA p QR ip VAC 2 LDR O 4A X44 x LDR VAC Q2 ® 7A qsO LDR LDR o JR 10 A+ 8 COM �Fo,�,q LDR �Q s < 15 R LDR VACIO VAC C R 20 i � ppRR 4 LDR LI9 VAC $ 12 LDR23 R S,a I6 LDR C LDR LDR 18 8 VAC ax 11 LDR H LDR 17 n LDR 25 14 LDR 9 LDR16 LDR 2A AG d�' 3A 4 LDR 15 LDR v Q- ,3 6 O V O� FLOUR OR effra v LDR LDP VAC LDRZ 1 as T n 1�L A ca' C1I�6+t11r LDR � LDR3 VAC 0 " ��'C} e 404 1 3 �� 40711 0H a LDR 1 Q!Z Prepared a Uh R Daparbn Development rvlce CASE: 0711-02 1. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP AA APartmant House Distad 1-1 Limited Industrial District A-IA Apartment House District _ F2 Ltght Industrial District - +' A-2 Apedment House Dlstrlcl I-3 Heavy Industrial District . AS Pro "tonal Ofiiee District PUD Planned Unit Development - ATApartment-Tourist District RAA One Family Dwelling District B-1 Neighborhood Business District R-1B One Fsmlly Dwelling Dislrict r• ' fi � - &1A Neighborhood Business Distlet R-t C One Family Dwelling District : B-2 Bayfront Business District R-2 Multiple Dwelling DistrictY,m +, 3 rh ' a s� r B-2A Berner Island Business Distdcl RA One family Dwelling Otstrid � B-3 Business Ms[rid RE Residential Estate District Me, B-4 General Business District R-TH Townhouse Dwelling District r , �� ' ^-7&1 x „ �•� ;u.1 -� a►„ ' &5 s Primary Business District SP Special Perm4 r� M &6 Pdmery Business Core District T-1A Travel Trailer Park District ` - SD Corpus Christ Besrh Design Disl. T•1B Mhnufactured Home Park District ” F-R Farm Rural District T-1C Manufactured Home Subdivision �;~" HC HIstorical-Cultural Landmark District - +M ;' � i s .PreserySub ctPro Owners ` ,r" � C.5.3-4,;R M-- Ciof ��'- -` -!„� p�Y with Zap'butler a In favor Ct7Ip1$ 4 Owners within 200'listed arr V Owners LOCATION MAP s { effaahed ownarshfp table /�In opposRfon "" -v.�_ -�-' _ row rods Sit *10 •k �o i i 33 o I r`, v �Xi5T1NC� � �rllare�.�df� 2Z I �1 F I avy b I vff —442— i DR AC AC com 7 LI I p tA'P Ll AC I�. VAC �3G VAC AG G,REBN TREE UNIT #2 VAC LDR . 404 + p r +�+ C 20 y�C VAC AC Ct] R .] ��EC! <a Y 19A coN$R 0P\\\�[�l / LDR 13 �aR z 2 a U >A vAc Z3 16 A. A LDii Y2 LDR �'�R y l,1 4' .PSBR ��lj LDgR3A � LDR x RS - 4, 5 LDR j i_DR 6A UAC 12 O' LDR IO �� OR 1.RQ 810 CON! 2 LDR tDR VACYO 9On 20 • U LbR 8 L 1% LDR RS- 6 23 C G -F i.DR T L IS LDR VAC LDR 6 LDR 17 LDR 25 LORI LDR I6 2A AG 3A 4- q 4DR I5 LDR .. Q LD3 IF L Q R it tr l is(-1 r s LIR VAC LDR A .2 Li3R� .RIUJ'- � RerraPLa+;9 u.lulr � <o� 5c DR o "5C f� 0 400 800 3 a2 �tJ P., --�sy bM �a F R ent c vslopnrHilt S ices {. ASE 0771-02 2. SITE FUTURE LAND USE ` rAR7 Agricultural/Rural YOR rourist Estate Residential RSP Research/business Park yoo� LAR LowDensityRes. LI Llghtindustrial °lost` OR Med Density Res, NI Heavy Industrial JEC P-D—RI High Density Res. ASP Public semi-public PRO Y M Mobile Home PK Park c,y,ueia'o, aseq �, uAc Vacant ® Drainage corridor Professional Office CP Dredge Placement y� Uzi: Q4 Cam commercial 0Ewater R� F=CP �R Transportation Plan Fxrsling Fmposcd GB�R ,� r�wae,Expressways weal � �--� Arterials ----1 Collectors ----• Map Sea le:1:2,400 t Citypf 4WD* Parkway 000y L.pCArdDN MAF' Carpus -H F 11 Railroad Christi —443— Ordinance amending the Unified Development Code (UDC), upon application by Sigifredo Montemayor on behalf of owners, Edward ' Montemayor and Mearary Iveth Montemayor, by changing the UDC zoning map in reference to Flour Heights, Block 1, Lot 22, from the "RS-6" Single-Family 6 District to the "IL" Light Industrial District, amending the comprehensive plan to account for any deviations from the existing comprehensive pian; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. 1 WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Sigifredo Montemayor on behalf of owners, Edward Montemayor and Mearary Iveth Montemayor, for amendment to the City of Corpus Christi Unified Development Code (UDC) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 20, 2011, during a meeting of the Planning Commission, and on Tuesday, January 17, 2012, 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 'I. That the UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on Flour Heights, Block 1, Lot 22, located along the east side of Flour Bluff Drive and approximately 320 feet north of the Purdue Road intersection, from the "RS-6" Single-Family 6 District to the "IL" Light Industrial District, (Zoning. Map 037,031) (Exhibit A -"Applicant's Request"). 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. —444— i I Page 2 of 3 I SECTION 5, That all ordinances or parts of ordinances in conflict with this ordinance II are hereby expressly repealed. SECTION 6. A violation of this ordinance. or requirements implemented under ordinance constitutes an offense punishable as provided in Section 1 A 0.1 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 S. That upon written request of the Mayor or five Council members co 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 ordinance s at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2012, ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: This '�dayof �.._ 2012 Borah Walther Bro n Assistant City Attorney For City Attorney K:XLegallS!-IAREDIEGAL-DEV.SVCS12011 AgendalSigifreda*4r&mayor112.05.11 0711-02 Sioredo Montemayor(Rs-6 to IL) Applicant's Request.DWBFinal-Revised.doc 1, Page 3 of 3 1 4 Corpus Christi, Texas day of , 2011 i TO THE MEMBERS OF THE CITY COUNCIL i Corpus Christi, Texas i j 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:ILegalkSHAREDILEGAL-DEV.SVCS12011 Agenda\Sigifredo4%rBemayor112.05.11 0711-02 Sigifredo Montemayor(RS•G to 1L) Applicant's Request.DWBFinal-Revised.doc a OR Q AC AC 5 COM LD 1A-'P LI 15B 7 LI ac IL VAC Ac VAC AC O GREEN TREE UNIT #2 VAC LD� 4p R20 q�, VAC C��R S L9 CT 21 19A �a22 a. �•qt, COF&R PRO ROP T Y LAR 13 2 L 1A VA 23 iffiR Gj A LDR 22 R LD LDR O LDR p 1 0 A VAC VALDR 1i A L ROQ 6A UAC DRQ RS- 4 . 5 LDR iU IR 8 CUM i LDR C� R VACIO 9 ��R LDR 20 COM ply VAC LDR 8 LD LQR23 RS - 6 CG - 2 LDR 7 LDR 18 LDR VAC LDR 6 LDR 17 LDR 25 LDR1 2A LDR 16 - AGS 3A �A- 4 LDR i5 LDR 4� FLOUR HEIGHTS v LOR L 3 VAC LDR AG 2 R,errTAP�A0IF UNIT- r LDR3 1pR RQ�� R �I!►+! , 1 1 DR R4D VAC 0 400 "Oil aR2 3 LDi� R eer of Y' A141 e! ment5 Iees CASE: 0711-02 Exhibit A Applicant's Request � � --SWJEC caro Del 050 � PROP From: "RS-6" Single Family 6 To: "IL" Light Industrial District %w-y- Ordinance No. -44Of s ci.. tocarronr MAP 0711 -02 Sigifredo Montemayor Subject Property: Flour Heights, Lot 22, Block 1 , located along the east side of Flour Bluff Drive, approximately 320 feet north of Purdue Road From: "RS-6" Single-Family 6 To: "IL" Light Industrial Purpose of re-zoning request is to allow for the continued use of a metal roofing construction business and outside yard area for the storage of vehicles, equipment and construction materials. Current Regional Aerial View r i. 1 F � t- i , a 4 1r - ~ W ` 4f41t , r � 4 xN I Y Y� �ik Perspective Aerial View (rotated 180 degrees) ,r -f + f r• T - Co LDR VAC �5 VAC ^. 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J 7 rot Md Density Res.-NAR :Nd:: Heavy Industrial-f# - LD M l-fgI Density Res.•HDR Pnbfic Semi-Public-PSP Fwl Mb&Home-M1 0 Part C ®Vacant-VAG Drainage Gorridor-DG � EC] # LDR i 0 PrWesstoual C-Me-PD ® Dredge Placement-D 2A commercial-cow 0 Water 0 fonservationrResetvati(m•GP C In front of Subject Property looking east across Flour Bluff Drive . lam i• No . MOWN r�ry - Illlll��l������ 07/08/2011 Looking south on Flour Bluff Drive WA „� ire�•+.k� �.+>. , 1 ail tit _ ✓ D -.. In front of Subject Property looking west from Flour Bluff Drive . 1. Vacant Commercial Property +�•� ,,,, (looking west north west) r AIM Directional Services (looking south west) ftt 07/08/2011 Looking north on Flour Bluff Drive '■FJI, -�� � Y-1 �I'�� r ;A,: 0 2011 �.y GREEN TREE UNIT #2 VAC Un g is LDR.20 COM214{py + -2xSHORE&NE OAKS_ �� ��r ;{ECT LSP 13 40R t1BAl11'IS1Q e0w P T 22 ; 0,p •C ER 23 2 4 1 TA iZJ 1A VA (r BAF{ 'S ACRES LnR 12 I6A A, A LAR A ?aA 3A VAC 2 LAR o4A [r q., �A S - 4 . LER 21 O A VAC LOR 2 Q P47 -11410 TTT LOR � TA �xk.� 20 ,dry 8 Comb- 0, LCA S C %rj k LOR VAC fi ,�/ 20 ACI ',' s • i;' Q LDP 5� I VAC LD' V L r + ® LDR 7 QQ R VAC X 4 LOR 17 J LDR LOR 25 1� � 1�6 LDR 1 $ LDP® 16 LDR Subject Property 2A � 3A POwners within 200 feet listed # 4 AOR t LDR - on attached ownership table 6 0 ® Owners in favor n17 LDR FLOUR HEIGHTS LDR g X Owners in opposition 1 VAC �P2 Time Line On July 20th, Planning Commission was presented this case and recommended to the applicant Mr. Montemayor a (4) week continuance to discuss site development and zoning options with Development Services Staff . At the August 17t", Planning Commission meeting Mr. Montemayor requested a second (4) week continuance. On September 14t", the Planning Commission recommended "CN-1 " Neighborhood Commercial District with a Special Permit "SP" and (8) conditions. Planning Commission & Staff Recommendation Denial of the "IL" Light Industrial District, in lieu thereof, approval of the "CN-1 " Neighborhood Commercial District with a Special Permit based on a site plan and the following (8) conditions: 1. Uses: All uses allowed in the "CN-1" Neighborhood Commercial District, plus the addition of a storage warehouse and limited outside storage. 2. Landscaping: Landscaping must be provided in accordance with Article 7.3 of the UDC Landscaping as if new construction in the "CN-1" Neighborhood Commercial District. 3. Screening: Construction of a solid screening fence along the north, east and south property lines. In addition the existing solid screening fence and gate combination must be maintained along the Flour Bluff Drive right-of-way exposure . 4. Lighting: Any and all outdoor lighting shall be shielded and directed away from adjacent neighboring properties and the Flour Bluff Drive street right-of-way. 5. Dumpsters: No dumpster storage permitted within the existing 20 foot street yard. 6. Hours of Operation: Hours of operation shall be 6:00 A.M. to 9:00 P.M. Any and all deliveries must occur within this time frame as well. 7. Storage: All storage will be inside of a building with a provision to allow for the temporary storage of vehicles, equipment, and associated construction materials outside for a time period not to exceed (24) hours. 8. Time Limit: Such Special permit shall be deemed to have expired within twelve (12) months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. t North r� WZ L L m TV �L M— 7 W o O L LL I -- Y4 4 VL j 26 j a i i i i i S 1 i AGENDA MEMORANDUM for the City Council Meeting of January 10, 2012 i DATE: December 20, 2011 TO: Ronald L. Olson, City Manager FROM: Richard Badaracco, Interim Chief of Police Richard ba _cctexas.com � ` _� 886-2603 - Pr UPDATE TO CITY COUNCIL—Amendments to the Metal Recycling Ordinance I STAFF PRESENTER(S): Name Title/Position De artment 1. Capt. W. Breedlove Police Captain Police 2. Alison Logan Assistant City Attorney Legal OUTSIDE PRESENTER(S): Name Title/Position Orcianization BACKGROUND : The Police Department is concerned that the existing ordinance is inadequate to regulate sales of scrap metal and building construction materials in the city. Increased demand for metal has caused an alarming increase in metal thefts. Under the current ordinance, secondhand dealers and metal recyclers are not required to keep photographic records of both sellers and items to be sold or to forward all daily transactions to www.leadsonline.com or any other real time electronic website database maintained by the CCPD. In light of these issues, a stronger enforcement approach to regulating secondhand dealers and metal recyclers is necessary to protect the. health, safety, and general welfare of the citizens of this city. A person who violates this section shall be subject to a fine not to exceed $500 dollars. Each and every failure to record, register, or comply with any provision of this chapter and each and every item obtained by purchase in violation of this chapter shall constitute a separate offense. After the 9/13/2011 presentation to City Council, the City Manager instructed staff to further meet with affected business owners and interested City Council members to discuss recommended amendments to the ordinance. Staff held several meetings at City Hall and invited.all of the business owners and CCPD staff continued to visit metal recyclers at their places of business. The ordinance included in this packet is the result of compromise between business owners and City staff. LIST OF SUPPORTING DOCUMENTS: PowerPoint Cc: Alison Logan, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget D. Troy Riggs, Assistant City Manager —451— etal Recyclers Ordinance • Identified_ increase in Metal Theft during CompStat meeting. • Increased demand for scrap metal has ,,cn driven prices up. The theft of metal often creates a catastrophic .impact to the victim that is not in proportion to the value of the metal stolen. City Impact • This year to date est. $ 950,000 loss. • Oveal Williams Senior Center—A/C units. • Rose Hill Cemetery — Approx 150 vases. • Several churches have been victimized. • Parks Department lost 37 vacuum breakers at city parks. • Dec. 20t" theft of a ground wire caused a power outage and substantial damage. Current Ordinance • Enacted in 1958 - Junk Dealers • Requires Metal Recyclers to post 500 dollar bond and maintain a well -bound A book to record transaction details. • Must report new or unused items to the Police Department. • Required to register with the Police Departmerit. Ground Work • Police Dept. and City Legal met with effected companies and made adjustments in the proposed ordinance N prior to first presentation to Council. • At the Direction of the City Manager, Police Dept. and City Legal met with Council Member Adler andseveral businesses to hear concerns. • Adjustments were made to final proposal Proposed Changes • Require $10000 bond and city permit. • HVAC License required to sell any part of an air conditioner. • Restricting method of transport. • Require on-line reporting to include - photos, thumb prints, vehicle identification via Leads Online- Cameras provided. • In line with new additions to Occupations Code and other major Texas cities. 1 . r x e. i � E E S i -45-8- -